Senate Bill sb0040C

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    Florida Senate - 2007                                  SB 40-C

    By Senator Posey





    597-375C-08

  1                      A bill to be entitled

  2         An act relating to motor vehicle insurance;

  3         amending s. 316.646, F.S.; requiring each

  4         person operating a motor vehicle to have in his

  5         or her possession proof of property damage

  6         liability coverage; conforming a

  7         cross-reference to changes made by the act;

  8         amending s. 320.02, F.S.; clarifying the

  9         requirements concerning insurance and liability

10         coverage for certain motor vehicles registered

11         in this state; amending s. 321.245, F.S.,

12         relating to the disposition of certain funds in

13         the Highway Safety Operating Trust Fund;

14         conforming a cross-reference; amending s.

15         324.022, F.S.; revising provisions requiring

16         the owner or operator of a motor vehicle to

17         maintain property damage liability coverage;

18         specifying the requirements that apply to such

19         a policy; providing definitions; requiring that

20         a nonresident owner or registrant of a motor

21         vehicle maintain property damage liability

22         coverage if the motor vehicle is in the state

23         longer than a specified period; providing an

24         exception for a member of the United States

25         Armed Forces who is on active duty outside the

26         United States; creating s. 324.0221, F.S.;

27         requiring insurers to report to the Department

28         of Highway Safety and Motor Vehicles the

29         renewal, cancellation, or nonrenewal of a

30         policy providing personal injury protection

31         coverage or motor vehicle property damage

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    Florida Senate - 2007                                  SB 40-C
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 1         liability coverage; authorizing the department

 2         to adopt rules for the reports; providing that

 3         failure to report as required is a violation of

 4         the Florida Insurance Code; requiring that an

 5         insurer notify the named insured that a

 6         cancelled or nonrenewed policy will be reported

 7         to the department; requiring that the

 8         department suspend the registration and

 9         driver's license of an owner or registrant of a

10         motor vehicle who fails to maintain the

11         required liability coverage; providing for the

12         reinstatement of a registration or driver's

13         license upon payment of certain fees; requiring

14         that a person obtain noncancelable coverage

15         following such reinstatement; providing for the

16         deposit and use of reinstatement fees; amending

17         ss. 627.7275 and 627.7295, F.S., relating to

18         motor vehicle insurance policies and contracts;

19         conforming provisions to changes made by the

20         act; reviving and reenacting ss. 627.730,

21         627.731, 627.732, 627.734, 627.737, 627.739,

22         627.7401, 627.7403, 627.7405, F.S., and

23         reviving, reenacting, and amending ss. 627.733

24         and 627.736, the Florida Motor Vehicle No-Fault

25         Law, notwithstanding the repeal of such law

26         provided in s. 19, chapter 2003-411, Laws of

27         Florida; deleting certain provisions relating

28         to the suspension and reinstatement of a

29         driver's license and registration and notice to

30         the Department of Highway Safety and Motor

31         Vehicles; conforming provisions to changes made

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    Florida Senate - 2007                                  SB 40-C
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 1         by the act; providing legislative intent with

 2         respect to the reenactment and codification of

 3         the Florida Motor Vehicle No-Fault Law,

 4         notwithstanding its prior repeal; amending s.

 5         627.736, F.S., as reenacted and amended;

 6         revising provisions governing the medical

 7         benefits provided as required personal injury

 8         protection benefits; providing medical benefits

 9         for services and care ordered or prescribed by

10         a physician or provided by certain persons or

11         entities that meet certain specified

12         requirements; requiring the Financial services

13         Commission to adopt rules; requiring personal

14         injury protection insurers to reserve benefits

15         for certain providers for a specified period;

16         tolling the time period for the insurer to pay

17         claims from other providers; authorizing an

18         insurer to limit reimbursement for personal

19         injury protection benefits to a specified

20         percentage of a schedule of maximum charges;

21         prohibiting an insurer from billing or

22         attempting to collect amounts in excess of such

23         limits, except for amounts that are not covered

24         by personal injury protection coverage;

25         deleting provisions specifying allowable

26         amounts for certain tests and services;

27         extending the period during which an insurer

28         may pay an overdue claim following receipt of a

29         demand letter without incurring a penalty;

30         providing for penalties to be imposed against

31         certain insurers for failing to pay claims for

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    Florida Senate - 2007                                  SB 40-C
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 1         personal injury protection; authorizing the

 2         Department of Legal Affairs to investigate

 3         violations and initiate enforcement action;

 4         requiring that all claims related to the same

 5         health care provider for the same injured

 6         person be brought in one act unless good cause

 7         is shown; requiring that electronic notices and

 8         communications required or authorized under the

 9         Florida Motor Vehicle No-Fault Law be

10         consistent with state and federal privacy and

11         security laws; amending s. 627.739, F.S., as

12         reenacted; deleting provisions authorizing an

13         insurer to offer certain deductibles with

14         respect to a policy of personal injury

15         protection; providing legislative intent

16         concerning the application of the act;

17         requiring insurers to deliver revised notices

18         of premium and policy changes to certain

19         policyholders; requiring an insurer to cancel

20         the policy and return any unearned premium if

21         the insured fails to timely respond to the

22         notice; providing for calculating the amount of

23         unearned premium; requiring that insurers

24         continue to use certain forms and rates until a

25         specified date unless the Office of Insurance

26         Regulation approves new forms or rates;

27         providing that a person purchasing a motor

28         vehicle insurance policy without personal

29         injury protection coverage is exempt from the

30         requirement for such coverage and is not

31         subject to certain liability provisions for a

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    Florida Senate - 2007                                  SB 40-C
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 1         specified period; requiring that insurers

 2         provide notice of the requirement for personal

 3         injury protection coverage or add an

 4         endorsement to the policy providing such

 5         coverage; providing effective dates.

 6  

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

 8  

 9         Section 1.  Subsections (1) and (3) of section 316.646,

10  Florida Statutes, are amended to read:

11         316.646  Security required; proof of security and

12  display thereof; dismissal of cases.--

13         (1)  Any person required by s. 324.022 to maintain

14  property damage liability security, required by s. 324.023 to

15  maintain liability security for bodily injury or death, or any

16  person required by s. 627.733 to maintain personal injury

17  protection security on a motor vehicle shall have in his or

18  her immediate possession at all times while operating such

19  motor vehicle proper proof of maintenance of the required

20  security. Such proof shall be either a uniform

21  proof-of-insurance card in a form prescribed by the

22  department, a valid insurance policy, an insurance policy

23  binder, a certificate of insurance, or such other proof as may

24  be prescribed by the department.

25         (3)  Any person who violates this section commits a

26  nonmoving traffic infraction subject to the penalty provided

27  in chapter 318 and shall be required to furnish proof of

28  security as provided in this section. If any person charged

29  with a violation of this section fails to furnish proof, at or

30  before the scheduled court appearance date, that security was

31  in effect at the time of the violation, the court may

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 1  immediately suspend the registration and driver's license of

 2  such person. Such license and registration may only be

 3  reinstated only as provided in s. 324.0221 s. 627.733.

 4         Section 2.  Paragraphs (a) and (d) of subsection (5) of

 5  section 320.02, Florida Statutes, are amended to read:

 6         320.02  Registration required; application for

 7  registration; forms.--

 8         (5)(a)  Proof that personal injury protection benefits

 9  have been purchased when required under s. 627.733, that

10  property damage liability coverage has been purchased as

11  required under s. 324.022, that bodily injury or death

12  coverage has been purchased if required under s. 324.023, and

13  that combined bodily liability insurance and property damage

14  liability insurance have been purchased when required under s.

15  627.7415 shall be provided in the manner prescribed by law by

16  the applicant at the time of application for registration of

17  any motor vehicle that is subject to such requirements owned

18  as defined in s. 627.732. The issuing agent shall refuse to

19  issue registration if such proof of purchase is not provided.

20  Insurers shall furnish uniform proof-of-purchase cards in a

21  form prescribed by the department and shall include the name

22  of the insured's insurance company, the coverage

23  identification number, and the make, year, and vehicle

24  identification number of the vehicle insured. The card shall

25  contain a statement notifying the applicant of the penalty

26  specified in s. 316.646(4). The card or insurance policy,

27  insurance policy binder, or certificate of insurance or a

28  photocopy of any of these; an affidavit containing the name of

29  the insured's insurance company, the insured's policy number,

30  and the make and year of the vehicle insured; or such other

31  proof as may be prescribed by the department shall constitute

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    Florida Senate - 2007                                  SB 40-C
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 1  sufficient proof of purchase. If an affidavit is provided as

 2  proof, it shall be in substantially the following form:

 3  

 4  Under penalty of perjury, I ...(Name of insured)... do hereby

 5  certify that I have ...(Personal Injury Protection, Property

 6  Damage Liability, and, when required, Bodily Injury

 7  Liability)... Insurance currently in effect with ...(Name of

 8  insurance company)... under ...(policy number)... covering

 9  ...(make, year, and vehicle identification number of

10  vehicle).... ...(Signature of Insured)...

11  

12  Such affidavit shall include the following warning:

13  

14  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE

15  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA

16  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS

17  SUBJECT TO PROSECUTION.

18  

19  When an application is made through a licensed motor vehicle

20  dealer as required in s. 319.23, the original or a photostatic

21  copy of such card, insurance policy, insurance policy binder,

22  or certificate of insurance or the original affidavit from the

23  insured shall be forwarded by the dealer to the tax collector

24  of the county or the Department of Highway Safety and Motor

25  Vehicles for processing. By executing the aforesaid affidavit,

26  no licensed motor vehicle dealer will be liable in damages for

27  any inadequacy, insufficiency, or falsification of any

28  statement contained therein. A card shall also indicate the

29  existence of any bodily injury liability insurance voluntarily

30  purchased.

31  

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 1         (d)  The verifying of proof of personal injury

 2  protection insurance, proof of property damage liability

 3  insurance, proof of combined bodily liability insurance and

 4  property damage liability insurance, or proof of financial

 5  responsibility insurance and the issuance or failure to issue

 6  the motor vehicle registration under the provisions of this

 7  chapter may not be construed in any court as a warranty of the

 8  reliability or accuracy of the evidence of such proof. Neither

 9  the department nor any tax collector is liable in damages for

10  any inadequacy, insufficiency, falsification, or unauthorized

11  modification of any item of the proof of personal injury

12  protection insurance, proof of property damage liability

13  insurance, proof of combined bodily liability insurance and

14  property damage liability insurance, or proof of financial

15  responsibility insurance either prior to, during, or

16  subsequent to the verification of the proof. The issuance of a

17  motor vehicle registration does not constitute prima facie

18  evidence or a presumption of insurance coverage.

19         Section 3.  Section 321.245, Florida Statutes, is

20  amended to read:

21         321.245  Disposition of certain funds in the Highway

22  Safety Operating Trust Fund.--The director of the Florida

23  Highway Patrol, after receiving recommendations from the

24  commander of the auxiliary, is authorized to purchase uniforms

25  and equipment for auxiliary law enforcement officers as

26  defined in s. 321.24 from funds described in s. 324.0221(3) s.

27  627.733(7). The amounts expended under this section shall not

28  exceed $50,000 in any one fiscal year.

29         Section 4.  Section 324.022, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2007                                  SB 40-C
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 1         324.022  Financial responsibility for property

 2  damage.--

 3         (1)  Every owner or operator of a motor vehicle, which

 4  motor vehicle is subject to the requirements of ss.

 5  627.730-627.7405 and required to be registered in this state,

 6  shall, by one of the methods established in s. 324.031 or by

 7  having a policy that complies with s. 627.7275, establish and

 8  maintain the ability to respond in damages for liability on

 9  account of accidents arising out of the use of the motor

10  vehicle in the amount of $10,000 because of damage to, or

11  destruction of, property of others in any one crash. The

12  requirements of this section may be met by one of the methods

13  established in s. 324.031; by self-insuring as authorized by

14  s. 768.28(16); or by maintaining an insurance policy providing

15  coverage for property damage liability in the amount of at

16  least $10,000 because of damage to, or destruction of,

17  property of others in any one accident arising out of the use

18  of the motor vehicle. The requirements of this section may

19  also be met by having a policy which provides coverage in the

20  amount of at least $30,000 for combined property damage

21  liability and bodily injury liability for any one crash

22  arising out of the use of the motor vehicle. The policy, with

23  respect to coverage for property damage liability, must meet

24  the applicable requirements of s. 324.151, subject to the

25  usual policy exclusions that have been approved in policy

26  forms by the Office of Insurance Regulation. No insurer shall

27  have any duty to defend uncovered claims irrespective of their

28  joinder with covered claims.

29         (2)  As used in this section, the term:

30         (a)  "Motor vehicle" means any self-propelled vehicle

31  that has four or more wheels and that is of a type designed

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 1  and required to be licensed for use on the highways of this

 2  state, and any trailer or semitrailer designed for use with

 3  such vehicle. The term does not include:

 4         1.  A mobile home.

 5         2.  A motor vehicle that is used in mass transit and

 6  designed to transport more than five passengers, exclusive of

 7  the operator of the motor vehicle, and that is owned by a

 8  municipality, transit authority, or political subdivision of

 9  the state.

10         3.  A school bus as defined in s. 1006.25.

11         4.  A vehicle providing for-hire transportation that is

12  subject to the provisions of s. 324.031. A taxicab shall

13  maintain security as required under s. 324.032(1).

14         (b)  "Owner" means the person who holds legal title to

15  a motor vehicle or the debtor or lessee who has the right to

16  possession of a motor vehicle that is the subject of a

17  security agreement or lease with an option to purchase.

18         (3)  Each nonresident owner or registrant of a motor

19  vehicle that, whether operated or not, has been physically

20  present within this state for more than 90 days during the

21  preceding 365 days shall maintain security as required by

22  subsection (1) which is in effect continuously throughout the

23  period the motor vehicle remains within this state.

24         (4)  The owner or registrant of a motor vehicle is

25  exempt from the requirements of this section if she or he is a

26  member of the United States Armed Forces and is called to or

27  on active duty outside the United States in an emergency

28  situation. The exemption provided by this subsection applies

29  only as long as the member of the Armed Forces is on such

30  active duty outside the United States and applies only while

31  the vehicle is not operated by any person. Upon receipt of a

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 1  written request by the insured to whom the exemption provided

 2  in this subsection applies, the insurer shall cancel the

 3  coverages and return any unearned premium or suspend the

 4  security required by this section. Notwithstanding s.

 5  324.0221(3), the department may not suspend the registration

 6  or operator's license of any owner or registrant of a motor

 7  vehicle during the time she or he qualifies for an exemption

 8  under this subsection. Any owner or registrant of a motor

 9  vehicle who qualifies for an exemption under this subsection

10  shall immediately notify the department prior to and at the

11  end of the expiration of the exemption.

12         Section 5.  Section 324.0221, Florida Statutes, is

13  created to read:

14         324.0221  Reports by insurers to the department;

15  suspension of driver's license and vehicle registrations;

16  reinstatement.--

17         (1)(a)  Each insurer that has issued a policy providing

18  personal injury protection coverage or property damage

19  liability coverage shall report the renewal, cancellation, or

20  nonrenewal thereof to the department within 45 days after the

21  effective date of each renewal, cancellation, or nonrenewal.

22  Upon the issuance of a policy providing personal injury

23  protection coverage or property damage liability coverage to a

24  named insured not previously insured by the insurer during

25  that calendar year, the insurer shall report the issuance of

26  the new policy to the department within 30 days. The report

27  shall be in the form and format and contain any information

28  required by the department and must be provided in a format

29  that is compatible with the data-processing capabilities of

30  the department. The department may adopt rules regarding the

31  form and documentation required. Failure by an insurer to file

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 1  proper reports with the department as required by this

 2  subsection or rules adopted with respect to the requirements

 3  of this subsection constitutes a violation of the Florida

 4  Insurance Code. These records shall be used by the department

 5  only for enforcement and regulatory purposes, including the

 6  generation by the department of data regarding compliance by

 7  owners of motor vehicles with the requirements for financial

 8  responsibility coverage.

 9         (b)  With respect to an insurance policy providing

10  personal injury protection coverage or property damage

11  liability coverage, each insurer shall notify the named

12  insured, or the first named insured in the case of a

13  commercial fleet policy, in writing that any cancellation or

14  nonrenewal of the policy will be reported by the insurer to

15  the department. The notice must also inform the named insured

16  that failure to maintain personal injury protection coverage

17  and property damage liability coverage on a motor vehicle when

18  required by law may result in the loss of registration and

19  driving privileges in this state and inform the named insured

20  of the amount of the reinstatement fees required by this

21  section. This notice is for informational purposes only, and

22  an insurer is not civilly liable for failing to provide this

23  notice.

24         (2)  The department shall suspend, after due notice and

25  an opportunity to be heard, the registration and driver's

26  license of any owner or registrant of a motor vehicle with

27  respect to which security is required under ss. 324.022 and

28  627.733 upon:

29         (a)  The department's records showing that the owner or

30  registrant of such motor vehicle did not have in full force

31  

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 1  and effect when required security that complies with the

 2  requirements of ss. 324.022 and 627.733; or

 3         (b)  Notification by the insurer to the department, in

 4  a form approved by the department, of cancellation or

 5  termination of the required security.

 6         (3)  An operator or owner whose driver's license or

 7  registration has been suspended under this section or s.

 8  316.646 may effect its reinstatement upon compliance with the

 9  requirements of this section and upon payment to the

10  department of a nonrefundable reinstatement fee of $150 for

11  the first reinstatement. The reinstatement fee is $250 for the

12  second reinstatement and $500 for each subsequent

13  reinstatement during the 3 years following the first

14  reinstatement. A person reinstating her or his insurance under

15  this subsection must also secure noncancelable coverage as

16  described in ss. 324.021(8), 324.023, and 627.7275(2) and

17  present to the appropriate person proof that the coverage is

18  in force on a form adopted by the department, and such proof

19  shall be maintained for 2 years. If the person does not have a

20  second reinstatement within 3 years after her or his initial

21  reinstatement, the reinstatement fee is $150 for the first

22  reinstatement after that 3-year period. If a person's license

23  and registration are suspended under this section or s.

24  316.646, only one reinstatement fee must be paid to reinstate

25  the license and the registration. All fees shall be collected

26  by the department at the time of reinstatement. The department

27  shall issue proper receipts for such fees and shall promptly

28  deposit those fees in the Highway Safety Operating Trust Fund.

29  One-third of the fees collected under this subsection shall be

30  distributed from the Highway Safety Operating Trust Fund to

31  the local governmental entity or state agency that employed

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 1  the law enforcement officer seizing the license plate pursuant

 2  to s. 324.201. The funds may be used by the local governmental

 3  entity or state agency for any authorized purpose.

 4         Section 6.  Section 627.7275, Florida Statutes, is

 5  amended to read:

 6         627.7275  Motor vehicle liability.--

 7         (1)  A motor vehicle insurance policy providing

 8  personal injury protection as set forth in s. 627.736 may not

 9  be delivered or issued for delivery in this state with respect

10  to any specifically insured or identified motor vehicle

11  registered or principally garaged in this state unless the

12  policy also provides coverage for property damage liability as

13  required by s. 324.022. in the amount of at least $10,000

14  because of damage to, or destruction of, property of others in

15  any one accident arising out of the use of the motor vehicle

16  or unless the policy provides coverage in the amount of at

17  least $30,000 for combined property damage liability and

18  bodily injury liability in any one accident arising out of the

19  use of the motor vehicle. The policy, as to coverage of

20  property damage liability, must meet the applicable

21  requirements of s. 324.151, subject to the usual policy

22  exclusions that have been approved in policy forms by the

23  office.

24         (2)(a)  Insurers writing motor vehicle insurance in

25  this state shall make available, subject to the insurers'

26  usual underwriting restrictions:

27         1.  Coverage under policies as described in subsection

28  (1) to any applicant for private passenger motor vehicle

29  insurance coverage who is seeking the coverage in order to

30  reinstate the applicant's driving privileges in this state

31  when the driving privileges were revoked or suspended pursuant

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 1  to s. 316.646 or s. 324.0221 s. 627.733 due to the failure of

 2  the applicant to maintain required security.

 3         2.  Coverage under policies as described in subsection

 4  (1), which also provides liability coverage for bodily injury,

 5  death, and property damage arising out of the ownership,

 6  maintenance, or use of the motor vehicle in an amount not less

 7  than the limits described in s. 324.021(7) and conforms to the

 8  requirements of s. 324.151, to any applicant for private

 9  passenger motor vehicle insurance coverage who is seeking the

10  coverage in order to reinstate the applicant's driving

11  privileges in this state after such privileges were revoked or

12  suspended under s. 316.193 or s. 322.26(2) for driving under

13  the influence.

14         (b)  The policies described in paragraph (a) shall be

15  issued for a period of at least 6 months and as to the minimum

16  coverages required under this section shall not be cancelable

17  by the insured for any reason or by the insurer after a period

18  not to exceed 30 days during which the insurer must complete

19  underwriting of the policy. After the insurer has completed

20  underwriting the policy within the 30-day period, the insurer

21  shall notify the Department of Highway Safety and Motor

22  Vehicles that the policy is in full force and effect and the

23  policy shall not be cancelable for the remainder of the policy

24  period. A premium shall be collected and coverage shall be in

25  effect for the 30-day period during which the insurer is

26  completing the underwriting of the policy whether or not the

27  person's driver license, motor vehicle tag, and motor vehicle

28  registration are in effect. Once the noncancelable provisions

29  of the policy become effective, the coverage or risk shall not

30  be changed during the policy period and the premium shall be

31  nonrefundable. If, during the pendency of the 2-year proof of

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 1  insurance period required under s. 324.0221 s. 627.733(7) or

 2  during the 3-year proof of financial responsibility required

 3  under s. 324.131, whichever is applicable, the insured obtains

 4  additional coverage or coverage for an additional risk or

 5  changes territories, the insured must obtain a new 6-month

 6  noncancelable policy in accordance with the provisions of this

 7  section. However, if the insured must obtain a new 6-month

 8  policy and obtains the policy from the same insurer, the

 9  policyholder shall receive credit on the new policy for any

10  premium paid on the previously issued policy.

11         (c)  This subsection controls to the extent of any

12  conflict with any other section.

13         (d)  An insurer issuing a policy subject to this

14  section may cancel the policy if, during the policy term, the

15  named insured or any other operator, who resides in the same

16  household or customarily operates an automobile insured under

17  the policy, has his or her driver's license suspended or

18  revoked.

19         (e)  Nothing in this subsection requires an insurer to

20  offer a policy of insurance to an applicant if such offer

21  would be inconsistent with the insurer's underwriting

22  guidelines and procedures.

23         Section 7.  Paragraph (a) of subsection (1) of section

24  627.7295, Florida Statutes, is amended to read:

25         627.7295  Motor vehicle insurance contracts.--

26         (1)  As used in this section, the term:

27         (a)  "Policy" means a motor vehicle insurance policy

28  that provides personal injury protection coverage, and

29  property damage liability coverage, or both.

30         Section 8.  Notwithstanding the repeal of the Florida

31  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

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 1  section 627.730, Florida Statutes, is revived and reenacted to

 2  read:

 3         627.730  Florida Motor Vehicle No-Fault Law.--Sections

 4  627.730-627.7405 may be cited and known as the "Florida Motor

 5  Vehicle No-Fault Law."

 6         Section 9.  Notwithstanding the repeal of the Florida

 7  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

 8  section 627.731, Florida Statutes, is revived and reenacted to

 9  read:

10         627.731  Purpose.--The purpose of ss. 627.730-627.7405

11  is to provide for medical, surgical, funeral, and disability

12  insurance benefits without regard to fault, and to require

13  motor vehicle insurance securing such benefits, for motor

14  vehicles required to be registered in this state and, with

15  respect to motor vehicle accidents, a limitation on the right

16  to claim damages for pain, suffering, mental anguish, and

17  inconvenience.

18         Section 10.  Notwithstanding the repeal of the Florida

19  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

20  section 627.732, Florida Statutes, is revived and reenacted to

21  read:

22         627.732  Definitions.--As used in ss. 627.730-627.7405,

23  the term:

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

25  under chapter 395, chapter 400, chapter 429, chapter 458,

26  chapter 459, chapter 460, chapter 461, or chapter 641 who

27  charges or receives compensation for any use of medical

28  equipment and is not the 100-percent owner or the 100-percent

29  lessee of such equipment. For purposes of this section, such

30  owner or lessee may be an individual, a corporation, a

31  partnership, or any other entity and any of its

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 1  100-percent-owned affiliates and subsidiaries. For purposes of

 2  this subsection, the term "lessee" means a long-term lessee

 3  under a capital or operating lease, but does not include a

 4  part-time lessee. The term "broker" does not include a

 5  hospital or physician management company whose medical

 6  equipment is ancillary to the practices managed, a debt

 7  collection agency, or an entity that has contracted with the

 8  insurer to obtain a discounted rate for such services; nor

 9  does the term include a management company that has contracted

10  to provide general management services for a licensed

11  physician or health care facility and whose compensation is

12  not materially affected by the usage or frequency of usage of

13  medical equipment or an entity that is 100-percent owned by

14  one or more hospitals or physicians. The term "broker" does

15  not include a person or entity that certifies, upon request of

16  an insurer, that:

17         (a)  It is a clinic licensed under ss. 400.990-400.995;

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

19  and

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

21  equipment for personal injury protection patients is on a

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

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

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

25  pending the arrival and installation of the newly purchased or

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

27  for patients for whom, because of physical size or

28  claustrophobia, it is determined by the medical director or

29  clinical director to be medically necessary that the test be

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

31  medical equipment cannot be used by patients who are not

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 1  patients of the registered clinic for medical treatment of

 2  services. Any person or entity making a false certification

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

 4  817.234. However, the 30-day period provided in this paragraph

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

 6  magnetic resonance imaging equipment if the owner certifies

 7  that the extension otherwise complies with this paragraph.

 8         (2)  "Medically necessary" refers to a medical service

 9  or supply that a prudent physician would provide for the

10  purpose of preventing, diagnosing, or treating an illness,

11  injury, disease, or symptom in a manner that is:

12         (a)  In accordance with generally accepted standards of

13  medical practice;

14         (b)  Clinically appropriate in terms of type,

15  frequency, extent, site, and duration; and

16         (c)  Not primarily for the convenience of the patient,

17  physician, or other health care provider.

18         (3)  "Motor vehicle" means any self-propelled vehicle

19  with four or more wheels which is of a type both designed and

20  required to be licensed for use on the highways of this state

21  and any trailer or semitrailer designed for use with such

22  vehicle and includes:

23         (a)  A "private passenger motor vehicle," which is any

24  motor vehicle which is a sedan, station wagon, or jeep-type

25  vehicle and, if not used primarily for occupational,

26  professional, or business purposes, a motor vehicle of the

27  pickup, panel, van, camper, or motor home type.

28         (b)  A "commercial motor vehicle," which is any motor

29  vehicle which is not a private passenger motor vehicle.

30  

31  

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 1  The term "motor vehicle" does not include a mobile home or any

 2  motor vehicle which is used in mass transit, other than public

 3  school transportation, and designed to transport more than

 4  five passengers exclusive of the operator of the motor vehicle

 5  and which is owned by a municipality, a transit authority, or

 6  a political subdivision of the state.

 7         (4)  "Named insured" means a person, usually the owner

 8  of a vehicle, identified in a policy by name as the insured

 9  under the policy.

10         (5)  "Owner" means a person who holds the legal title

11  to a motor vehicle; or, in the event a motor vehicle is the

12  subject of a security agreement or lease with an option to

13  purchase with the debtor or lessee having the right to

14  possession, then the debtor or lessee shall be deemed the

15  owner for the purposes of ss. 627.730-627.7405.

16         (6)  "Relative residing in the same household" means a

17  relative of any degree by blood or by marriage who usually

18  makes her or his home in the same family unit, whether or not

19  temporarily living elsewhere.

20         (7)  "Certify" means to swear or attest to being true

21  or represented in writing.

22         (8)  "Immediate personal supervision," as it relates to

23  the performance of medical services by nonphysicians not in a

24  hospital, means that an individual licensed to perform the

25  medical service or provide the medical supplies must be

26  present within the confines of the physical structure where

27  the medical services are performed or where the medical

28  supplies are provided such that the licensed individual can

29  respond immediately to any emergencies if needed.

30         (9)  "Incident," with respect to services considered as

31  incident to a physician's professional service, for a

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 1  physician licensed under chapter 458, chapter 459, chapter

 2  460, or chapter 461, if not furnished in a hospital, means

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

 4  a covered physician's service.

 5         (10)  "Knowingly" means that a person, with respect to

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

 7  deliberate ignorance of the truth or falsity of the

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

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

10         (11)  "Lawful" or "lawfully" means in substantial

11  compliance with all relevant applicable criminal, civil, and

12  administrative requirements of state and federal law related

13  to the provision of medical services or treatment.

14         (12)  "Hospital" means a facility that, at the time

15  services or treatment were rendered, was licensed under

16  chapter 395.

17         (13)  "Properly completed" means providing truthful,

18  substantially complete, and substantially accurate responses

19  as to all material elements to each applicable request for

20  information or statement by a means that may lawfully be

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

22  the parties.

23         (14)  "Upcoding" means an action that submits a billing

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

25  be paid using a billing code that accurately describes the

26  services performed. The term does not include an otherwise

27  lawful bill by a magnetic resonance imaging facility, which

28  globally combines both technical and professional components,

29  if the amount of the global bill is not more than the

30  components if billed separately; however, payment of such a

31  

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 1  bill constitutes payment in full for all components of such

 2  service.

 3         (15)  "Unbundling" means an action that submits a

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

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

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

 7  paid using one billing code.

 8         Section 11.  Notwithstanding the repeal of the Florida

 9  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

10  section 627.733, Florida Statutes, is revived, reenacted, and

11  amended to read:

12         627.733  Required security.--

13         (1)(a)  Every owner or registrant of a motor vehicle,

14  other than a motor vehicle used as a school bus as defined in

15  s. 1006.25 or limousine, required to be registered and

16  licensed in this state shall maintain security as required by

17  subsection (3) in effect continuously throughout the

18  registration or licensing period.

19         (b)  Every owner or registrant of a motor vehicle used

20  as a taxicab shall not be governed by paragraph (1)(a) but

21  shall maintain security as required under s. 324.032(1), and

22  s. 627.737 shall not apply to any motor vehicle used as a

23  taxicab.

24         (2)  Every nonresident owner or registrant of a motor

25  vehicle which, whether operated or not, has been physically

26  present within this state for more than 90 days during the

27  preceding 365 days shall thereafter maintain security as

28  defined by subsection (3) in effect continuously throughout

29  the period such motor vehicle remains within this state.

30         (3)  Such security shall be provided:

31  

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 1         (a)  By an insurance policy delivered or issued for

 2  delivery in this state by an authorized or eligible motor

 3  vehicle liability insurer which provides the benefits and

 4  exemptions contained in ss. 627.730-627.7405. Any policy of

 5  insurance represented or sold as providing the security

 6  required hereunder shall be deemed to provide insurance for

 7  the payment of the required benefits; or

 8         (b)  By any other method authorized by s. 324.031(2),

 9  (3), or (4) and approved by the Department of Highway Safety

10  and Motor Vehicles as affording security equivalent to that

11  afforded by a policy of insurance or by self-insuring as

12  authorized by s. 768.28(16). The person filing such security

13  shall have all of the obligations and rights of an insurer

14  under ss. 627.730-627.7405.

15         (4)  An owner of a motor vehicle with respect to which

16  security is required by this section who fails to have such

17  security in effect at the time of an accident shall have no

18  immunity from tort liability, but shall be personally liable

19  for the payment of benefits under s. 627.736. With respect to

20  such benefits, such an owner shall have all of the rights and

21  obligations of an insurer under ss. 627.730-627.7405.

22         (5)  In addition to other persons who are not required

23  to provide required security as required under this section

24  and s. 324.022, the owner or registrant of a motor vehicle is

25  exempt from such requirements if she or he is a member of the

26  United States Armed Forces and is called to or on active duty

27  outside the United States in an emergency situation. The

28  exemption provided by this subsection applies only as long as

29  the member of the armed forces is on such active duty outside

30  the United States and applies only while the vehicle covered

31  by the security required by this section and s. 324.022 is not

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 1  operated by any person. Upon receipt of a written request by

 2  the insured to whom the exemption provided in this subsection

 3  applies, the insurer shall cancel the coverages and return any

 4  unearned premium or suspend the security required by this

 5  section and s. 324.022. Notwithstanding s. 324.0221(2)

 6  subsection (6), the Department of Highway Safety and Motor

 7  Vehicles may not suspend the registration or operator's

 8  license of any owner or registrant of a motor vehicle during

 9  the time she or he qualifies for an exemption under this

10  subsection. Any owner or registrant of a motor vehicle who

11  qualifies for an exemption under this subsection shall

12  immediately notify the department prior to and at the end of

13  the expiration of the exemption.

14         (6)  The Department of Highway Safety and Motor

15  Vehicles shall suspend, after due notice and an opportunity to

16  be heard, the registration and driver's license of any owner

17  or registrant of a motor vehicle with respect to which

18  security is required under this section and s. 324.022:

19         (a)  Upon its records showing that the owner or

20  registrant of such motor vehicle did not have in full force

21  and effect when required security complying with the terms of

22  this section; or

23         (b)  Upon notification by the insurer to the Department

24  of Highway Safety and Motor Vehicles, in a form approved by

25  the department, of cancellation or termination of the required

26  security.

27         (7)  Any operator or owner whose driver's license or

28  registration has been suspended pursuant to this section or s.

29  316.646 may effect its reinstatement upon compliance with the

30  requirements of this section and upon payment to the

31  Department of Highway Safety and Motor Vehicles of a

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 1  nonrefundable reinstatement fee of $150 for the first

 2  reinstatement.  Such reinstatement fee shall be $250 for the

 3  second reinstatement and $500 for each subsequent

 4  reinstatement during the 3 years following the first

 5  reinstatement. Any person reinstating her or his insurance

 6  under this subsection must also secure noncancelable coverage

 7  as described in ss. 324.021(8), 324.023, and 627.7275(2) and

 8  present to the appropriate person proof that the coverage is

 9  in force on a form promulgated by the Department of Highway

10  Safety and Motor Vehicles, such proof to be maintained for 2

11  years.  If the person does not have a second reinstatement

12  within 3 years after her or his initial reinstatement, the

13  reinstatement fee shall be $150 for the first reinstatement

14  after that 3-year period. In the event that a person's license

15  and registration are suspended pursuant to this section or s.

16  316.646, only one reinstatement fee shall be paid to reinstate

17  the license and the registration. All fees shall be collected

18  by the Department of Highway Safety and Motor Vehicles at the

19  time of reinstatement. The Department of Highway Safety and

20  Motor Vehicles shall issue proper receipts for such fees and

21  shall promptly deposit those fees in the Highway Safety

22  Operating Trust Fund. One-third of the fee collected under

23  this subsection shall be distributed from the Highway Safety

24  Operating Trust Fund to the local government entity or state

25  agency which employed the law enforcement officer who seizes a

26  license plate pursuant to s. 324.201. Such funds may be used

27  by the local government entity or state agency for any

28  authorized purpose.

29         Section 12.  Notwithstanding the repeal of the Florida

30  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

31  

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 1  section 627.734, Florida Statutes, is revived and reenacted to

 2  read:

 3         627.734  Proof of security; security requirements;

 4  penalties.--

 5         (1)  The provisions of chapter 324 which pertain to the

 6  method of giving and maintaining proof of financial

 7  responsibility and which govern and define a motor vehicle

 8  liability policy shall apply to filing and maintaining proof

 9  of security required by ss. 627.730-627.7405.

10         (2)  Any person who:

11         (a)  Gives information required in a report or

12  otherwise as provided for in ss. 627.730-627.7405, knowing or

13  having reason to believe that such information is false;

14         (b)  Forges or, without authority, signs any evidence

15  of proof of security; or

16         (c)  Files, or offers for filing, any such evidence of

17  proof, knowing or having reason to believe that it is forged

18  or signed without authority,

19  

20  is guilty of a misdemeanor of the first degree, punishable as

21  provided in s. 775.082 or s. 775.083.

22         Section 13.  Notwithstanding the repeal of the Florida

23  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

24  section 627.736, Florida Statutes, is revived, reenacted, and

25  amended to read:

26         627.736  Required personal injury protection benefits;

27  exclusions; priority; claims.--

28         (1)  REQUIRED BENEFITS.--Every insurance policy

29  complying with the security requirements of s. 627.733 shall

30  provide personal injury protection to the named insured,

31  relatives residing in the same household, persons operating

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 1  the insured motor vehicle, passengers in such motor vehicle,

 2  and other persons struck by such motor vehicle and suffering

 3  bodily injury while not an occupant of a self-propelled

 4  vehicle, subject to the provisions of subsection (2) and

 5  paragraph (4)(d), to a limit of $10,000 for loss sustained by

 6  any such person as a result of bodily injury, sickness,

 7  disease, or death arising out of the ownership, maintenance,

 8  or use of a motor vehicle as follows:

 9         (a)  Medical benefits.--Eighty percent of all

10  reasonable expenses for medically necessary medical, surgical,

11  X-ray, dental, and rehabilitative services, including

12  prosthetic devices, and medically necessary ambulance,

13  hospital, and nursing services. Such benefits shall also

14  include necessary remedial treatment and services recognized

15  and permitted under the laws of the state for an injured

16  person who relies upon spiritual means through prayer alone

17  for healing, in accordance with his or her religious beliefs;

18  however, this sentence does not affect the determination of

19  what other services or procedures are medically necessary.

20         (b)  Disability benefits.--Sixty percent of any loss of

21  gross income and loss of earning capacity per individual from

22  inability to work proximately caused by the injury sustained

23  by the injured person, plus all expenses reasonably incurred

24  in obtaining from others ordinary and necessary services in

25  lieu of those that, but for the injury, the injured person

26  would have performed without income for the benefit of his or

27  her household. All disability benefits payable under this

28  provision shall be paid not less than every 2 weeks.

29         (c)  Death benefits.--Death benefits of $5,000 per

30  individual.  The insurer may pay such benefits to the executor

31  or administrator of the deceased, to any of the deceased's

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 1  relatives by blood or legal adoption or connection by

 2  marriage, or to any person appearing to the insurer to be

 3  equitably entitled thereto.

 4  

 5  Only insurers writing motor vehicle liability insurance in

 6  this state may provide the required benefits of this section,

 7  and no such insurer shall require the purchase of any other

 8  motor vehicle coverage other than the purchase of property

 9  damage liability coverage as required by s. 627.7275 as a

10  condition for providing such required benefits. Insurers may

11  not require that property damage liability insurance in an

12  amount greater than $10,000 be purchased in conjunction with

13  personal injury protection.  Such insurers shall make benefits

14  and required property damage liability insurance coverage

15  available through normal marketing channels. Any insurer

16  writing motor vehicle liability insurance in this state who

17  fails to comply with such availability requirement as a

18  general business practice shall be deemed to have violated

19  part IX of chapter 626, and such violation shall constitute an

20  unfair method of competition or an unfair or deceptive act or

21  practice involving the business of insurance; and any such

22  insurer committing such violation shall be subject to the

23  penalties afforded in such part, as well as those which may be

24  afforded elsewhere in the insurance code.

25         (2)  AUTHORIZED EXCLUSIONS.--Any insurer may exclude

26  benefits:

27         (a)  For injury sustained by the named insured and

28  relatives residing in the same household while occupying

29  another motor vehicle owned by the named insured and not

30  insured under the policy or for injury sustained by any person

31  

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 1  operating the insured motor vehicle without the express or

 2  implied consent of the insured.

 3         (b)  To any injured person, if such person's conduct

 4  contributed to his or her injury under any of the following

 5  circumstances:

 6         1.  Causing injury to himself or herself intentionally;

 7  or

 8         2.  Being injured while committing a felony.

 9  

10  Whenever an insured is charged with conduct as set forth in

11  subparagraph 2., the 30-day payment provision of paragraph

12  (4)(b) shall be held in abeyance, and the insurer shall

13  withhold payment of any personal injury protection benefits

14  pending the outcome of the case at the trial level.  If the

15  charge is nolle prossed or dismissed or the insured is

16  acquitted, the 30-day payment provision shall run from the

17  date the insurer is notified of such action.

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

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

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

21  protection benefits, whether suit has been filed or settlement

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

23  entitled to bring suit under the provisions of ss.

24  627.730-627.7405, or his or her legal representative, shall

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

26  protection benefits are paid or payable. The plaintiff may

27  prove all of his or her special damages notwithstanding this

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

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

30  damages for personal injury protection benefits paid or

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

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

 2  shall not recover such special damages for personal injury

 3  protection benefits paid or payable.

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

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

 6  benefits received under any workers' compensation law shall be

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

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

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

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

11  627.730-627.7405. When the Agency for Health Care

12  Administration provides, pays, or becomes liable for medical

13  assistance under the Medicaid program related to injury,

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

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

16  627.730-627.7405 shall be subject to the provisions of the

17  Medicaid program.

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

19  as soon as practicable after an accident involving a motor

20  vehicle with respect to which the policy affords the security

21  required by ss. 627.730-627.7405.

22         (b)  Personal injury protection insurance benefits paid

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

24  30 days after the insurer is furnished written notice of the

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

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

27  entire claim, any partial amount supported by written notice

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

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

30  remainder of the claim that is subsequently supported by

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

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

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

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

 4  rejection an itemized specification of each item that the

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

 6  information that the insurer desires the claimant to consider

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

 8  explain the reasonableness of the reduced charge, provided

 9  that this shall not limit the introduction of evidence at

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

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

12  number to be referenced in future correspondence.  However,

13  notwithstanding the fact that written notice has been

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

15  overdue when the insurer has reasonable proof to establish

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

17  purpose of calculating the extent to which any benefits are

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

19  draft or other valid instrument which is equivalent to payment

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

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

22  delivery. This paragraph does not preclude or limit the

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

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

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

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

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

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

29  paragraph.

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

31  the rate established under s. 55.03 or the rate established in

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 1  the insurance contract, whichever is greater, for the year in

 2  which the payment became overdue, calculated from the date the

 3  insurer was furnished with written notice of the amount of

 4  covered loss. Interest shall be due at the time payment of the

 5  overdue claim is made.

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

 7  pay personal injury protection benefits for:

 8         1.  Accidental bodily injury sustained in this state by

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

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

11  by physical contact with a motor vehicle.

12         2.  Accidental bodily injury sustained outside this

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

14  territories or possessions or Canada, by the owner while

15  occupying the owner's motor vehicle.

16         3.  Accidental bodily injury sustained by a relative of

17  the owner residing in the same household, under the

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

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

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

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

22  required under ss. 627.730-627.7405.

23         4.  Accidental bodily injury sustained in this state by

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

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

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

27  contact with such motor vehicle, provided the injured person

28  is not himself or herself:

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

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

31  

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 1         b.  Entitled to personal injury benefits from the

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

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

 4  injury protection benefits for the same injury to any one

 5  person, the maximum payable shall be as specified in

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

 7  entitled to recover from each of the other insurers an

 8  equitable pro rata share of the benefits paid and expenses

 9  incurred in processing the claim.

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

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

12  section with such frequency as to constitute a general

13  business practice.

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

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

16  material act or omission, any insurance fraud relating to

17  personal injury protection coverage under his or her policy,

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

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

20  jurisdiction. Any insurance fraud shall void all coverage

21  arising from the claim related to such fraud under the

22  personal injury protection coverage of the insured person who

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

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

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

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

27  committed insurance fraud in their entirety. The prevailing

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

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

30  its right of recovery under this paragraph.

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

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

 2  or institution lawfully rendering treatment to an injured

 3  person for a bodily injury covered by personal injury

 4  protection insurance may charge the insurer and injured party

 5  only a reasonable amount pursuant to this section for the

 6  services and supplies rendered, and the insurer providing such

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

 8  institution lawfully rendering such treatment, if the insured

 9  receiving such treatment or his or her guardian has

10  countersigned the properly completed invoice, bill, or claim

11  form approved by the office upon which such charges are to be

12  paid for as having actually been rendered, to the best

13  knowledge of the insured or his or her guardian. In no event,

14  however, may such a charge be in excess of the amount the

15  person or institution customarily charges for like services or

16  supplies. With respect to a determination of whether a charge

17  for a particular service, treatment, or otherwise is

18  reasonable, consideration may be given to evidence of usual

19  and customary charges and payments accepted by the provider

20  involved in the dispute, and reimbursement levels in the

21  community and various federal and state medical fee schedules

22  applicable to automobile and other insurance coverages, and

23  other information relevant to the reasonableness of the

24  reimbursement for the service, treatment, or supply.

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

26  claim or charges:

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

28  behalf of a broker;

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

30  the time rendered;

31  

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

 2  misleading statement relating to the claim or charges;

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

 4  substantially meet the applicable requirements of paragraph

 5  (d);

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

 7  that is unbundled when such treatment or services should be

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

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

10  that it determines to have been improperly or incorrectly

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

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

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

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

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

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

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

18  file; and

19         f.  For medical services or treatment billed by a

20  physician and not provided in a hospital unless such services

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

22  professional services and are included on the physician's

23  bill, including documentation verifying that the physician is

24  responsible for the medical services that were rendered and

25  billed.

26         2.  Charges for medically necessary cephalic

27  thermograms, peripheral thermograms, spinal ultrasounds,

28  extremity ultrasounds, video fluoroscopy, and surface

29  electromyography shall not exceed the maximum reimbursement

30  allowance for such procedures as set forth in the applicable

31  

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 1  fee schedule or other payment methodology established pursuant

 2  to s. 440.13.

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

 4  injury protection insurance insurer and insured for medically

 5  necessary nerve conduction testing when done in conjunction

 6  with a needle electromyography procedure and both are

 7  performed and billed solely by a physician licensed under

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

 9  also certified by the American Board of Electrodiagnostic

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

11  Medical Specialties or the American Osteopathic Association or

12  who holds diplomate status with the American Chiropractic

13  Neurology Board or its predecessors shall not exceed 200

14  percent of the allowable amount under the participating

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

16  the area in which the treatment was rendered, adjusted

17  annually on August 1 to reflect the prior calendar year's

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

19  Index for All Urban Consumers in the South Region as

20  determined by the Bureau of Labor Statistics of the United

21  States Department of Labor.

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

23  injury protection insurance insurer and insured for medically

24  necessary nerve conduction testing that does not meet the

25  requirements of subparagraph 3. shall not exceed the

26  applicable fee schedule or other payment methodology

27  established pursuant to s. 440.13.

28         5.  Allowable amounts that may be charged to a personal

29  injury protection insurance insurer and insured for magnetic

30  resonance imaging services shall not exceed 175 percent of the

31  allowable amount under the participating physician fee

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 1  schedule of Medicare Part B for year 2001, for the area in

 2  which the treatment was rendered, adjusted annually on August

 3  1 to reflect the prior calendar year's changes in the annual

 4  Medical Care Item of the Consumer Price Index for All Urban

 5  Consumers in the South Region as determined by the Bureau of

 6  Labor Statistics of the United States Department of Labor for

 7  the 12-month period ending June 30 of that year, except that

 8  allowable amounts that may be charged to a personal injury

 9  protection insurance insurer and insured for magnetic

10  resonance imaging services provided in facilities accredited

11  by the Accreditation Association for Ambulatory Health Care,

12  the American College of Radiology, or the Joint Commission on

13  Accreditation of Healthcare Organizations shall not exceed 200

14  percent of the allowable amount under the participating

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

16  the area in which the treatment was rendered, adjusted

17  annually on August 1 to reflect the prior calendar year's

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

19  Index for All Urban Consumers in the South Region as

20  determined by the Bureau of Labor Statistics of the United

21  States Department of Labor for the 12-month period ending June

22  30 of that year. This paragraph does not apply to charges for

23  magnetic resonance imaging services and nerve conduction

24  testing for inpatients and emergency services and care as

25  defined in chapter 395 rendered by facilities licensed under

26  chapter 395.

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

28  appropriate professional licensing boards, shall adopt, by

29  rule, a list of diagnostic tests deemed not to be medically

30  necessary for use in the treatment of persons sustaining

31  bodily injury covered by personal injury protection benefits

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

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

 3  determined by the Department of Health, in consultation with

 4  the respective professional licensing boards. Inclusion of a

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

 6  lack of demonstrated medical value and a level of general

 7  acceptance by the relevant provider community and shall not be

 8  dependent for results entirely upon subjective patient

 9  response. Notwithstanding its inclusion on a fee schedule in

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

11  any charges or reimburse claims for any invalid diagnostic

12  test as determined by the Department of Health.

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

14  than medical services billed by a hospital or other provider

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

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

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

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

19  charges for treatment or services rendered more than 35 days

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

21  amounts previously billed on a timely basis under this

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

23  insurer a notice of initiation of treatment within 21 days

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

25  statement may include charges for treatment or services

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

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

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

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

30  with this paragraph. Any agreement requiring the injured

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

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

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

 3  personal injury protection insurer, the provider has 35 days

 4  from the date the provider obtains the correct information to

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

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

 7  provider includes with the statement documentary evidence that

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

 9  demonstrating that the provider reasonably relied on erroneous

10  information from the insured and either:

11         a.  A denial letter from the incorrect insurer; or

12         b.  Proof of mailing, which may include an affidavit

13  under penalty of perjury, reflecting timely mailing to the

14  incorrect address or insurer.

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

16  395.002 rendered in a hospital emergency department or for

17  transport and treatment rendered by an ambulance provider

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

19  not required to furnish the statement of charges within the

20  time periods established by this paragraph; and the insurer

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

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

23  until it receives a statement complying with paragraph (d), or

24  copy thereof, which specifically identifies the place of

25  service to be a hospital emergency department or an ambulance

26  in accordance with billing standards recognized by the Health

27  Care Finance Administration.

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

29  must include the following statement in type no smaller than

30  12 points:

31  

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 1         BILLING REQUIREMENTS.--Florida Statutes provide

 2         that with respect to any treatment or services,

 3         other than certain hospital and emergency

 4         services, the statement of charges furnished to

 5         the insurer by the provider may not include,

 6         and the insurer and the injured party are not

 7         required to pay, charges for treatment or

 8         services rendered more than 35 days before the

 9         postmark date of the statement, except for past

10         due amounts previously billed on a timely

11         basis, and except that, if the provider submits

12         to the insurer a notice of initiation of

13         treatment within 21 days after its first

14         examination or treatment of the claimant, the

15         statement may include charges for treatment or

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

17         days before the postmark date of the statement.

18  

19         (d)  All statements and bills for medical services

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

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

22  completed Centers for Medicare and Medicaid Services (CMS)

23  1500 form, UB 92 forms, or any other standard form approved by

24  the office or adopted by the commission for purposes of this

25  paragraph. All billings for such services rendered by

26  providers shall, to the extent applicable, follow the

27  Physicians' Current Procedural Terminology (CPT) or Healthcare

28  Correct Procedural Coding System (HCPCS), or ICD-9 in effect

29  for the year in which services are rendered and comply with

30  the Centers for Medicare and Medicaid Services (CMS) 1500 form

31  instructions and the American Medical Association Current

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 1  Procedural Terminology (CPT) Editorial Panel and Healthcare

 2  Correct Procedural Coding System (HCPCS). All providers other

 3  than hospitals shall include on the applicable claim form the

 4  professional license number of the provider in the line or

 5  space provided for "Signature of Physician or Supplier,

 6  Including Degrees or Credentials." In determining compliance

 7  with applicable CPT and HCPCS coding, guidance shall be

 8  provided by the Physicians' Current Procedural Terminology

 9  (CPT) or the Healthcare Correct Procedural Coding System

10  (HCPCS) in effect for the year in which services were

11  rendered, the Office of the Inspector General (OIG),

12  Physicians Compliance Guidelines, and other authoritative

13  treatises designated by rule by the Agency for Health Care

14  Administration. No statement of medical services may include

15  charges for medical services of a person or entity that

16  performed such services without possessing the valid licenses

17  required to perform such services. For purposes of paragraph

18  (4)(b), an insurer shall not be considered to have been

19  furnished with notice of the amount of covered loss or medical

20  bills due unless the statements or bills comply with this

21  paragraph, and unless the statements or bills are properly

22  completed in their entirety as to all material provisions,

23  with all relevant information being provided therein.

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

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

26  medical institution providing medical services upon which a

27  claim for personal injury protection benefits is based shall

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

29  a disclosure and acknowledgment form, which reflects at a

30  minimum that:

31  

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

 2  countersign the form attesting to the fact that the services

 3  set forth therein were actually rendered;

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

 5  right and affirmative duty to confirm that the services were

 6  actually rendered;

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

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

 9  provider;

10         d.  That the physician, other licensed professional,

11  clinic, or other medical institution rendering services for

12  which payment is being claimed explained the services to the

13  insured or his or her guardian; and

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

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

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

17  motor vehicle insurer.

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

19  or other medical institution rendering services for which

20  payment is being claimed has the affirmative duty to explain

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

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

23  form with informed consent.

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

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

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

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

28         4.  The licensed medical professional rendering

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

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

31  

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 1         5.  The original completed disclosure and

 2  acknowledgment form shall be furnished to the insurer pursuant

 3  to paragraph (4)(b) and may not be electronically furnished.

 4         6.  This disclosure and acknowledgment form is not

 5  required for services billed by a provider for emergency

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

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

 8  department, or for transport and  treatment rendered by an

 9  ambulance provider licensed pursuant to part III of chapter

10  401.

11         7.  The Financial Services Commission shall adopt, by

12  rule, a standard disclosure and acknowledgment form that shall

13  be used to fulfill the requirements of this paragraph,

14  effective 90 days after such form is adopted and becomes

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

16  1, 2003. Until the rule is final, the provider may use a form

17  of its own which otherwise complies with the requirements of

18  this paragraph.

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

20  second or verifying signature, as on a previously signed

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

22  file" or any similar statement.

23         9.  The requirements of this paragraph apply only with

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

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

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

27  chronological order by date of service, that is consistent

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

29  The requirements of this subparagraph for maintaining a

30  patient log signed by the patient may be met by a hospital

31  that maintains medical records as required by s. 395.3025 and

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 1  applicable rules and makes such records available to the

 2  insurer upon request.

 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         (g)  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 office, a sworn

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

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

31  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, the insurer

17  may petition a court of competent jurisdiction to enter an

18  order permitting such discovery.  The order may be made only

19  on motion for good cause shown and upon notice to all persons

20  having an interest, and it shall specify the time, place,

21  manner, conditions, and scope of the discovery. Such court

22  may, in order to protect against annoyance, embarrassment, or

23  oppression, as justice requires, enter an order refusing

24  discovery or specifying conditions of discovery and may order

25  payments of costs and expenses of the proceeding, including

26  reasonable fees for the appearance of attorneys at the

27  proceedings, as justice requires.

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

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

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

31  reasonable charge, if required by the insurer.

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

 2  shall not be unreasonably withheld by an insured.

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

 4  REPORTS.--

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

 6  injured person covered by personal injury protection is

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

 8  future personal injury protection insurance benefits, such

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

10  or physical examination by a physician or physicians.  The

11  costs of any examinations requested by an insurer shall be

12  borne entirely by the insurer. Such examination shall be

13  conducted within the municipality where the insured is

14  receiving treatment, or in a location reasonably accessible to

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

16  location within the municipality in which the insured resides,

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

18  residence, provided such location is within the county in

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

20  conducted in a location reasonably accessible to the insured,

21  and if there is no qualified physician to conduct the

22  examination in a location reasonably accessible to the

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

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

25  protection insurers are authorized to include reasonable

26  provisions in personal injury protection insurance policies

27  for mental and physical examination of those claiming personal

28  injury protection insurance benefits. An insurer may not

29  withdraw payment of a treating physician without the consent

30  of the injured person covered by the personal injury

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

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 1  a Florida physician licensed under the same chapter as the

 2  treating physician whose treatment authorization is sought to

 3  be withdrawn, stating that treatment was not reasonable,

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

 5  and signed by the physician examining the injured person or

 6  reviewing the treatment records of the injured person and is

 7  factually supported by the examination and treatment records

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

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

10  in active practice, unless the physician is physically

11  disabled. Active practice means that during the 3 years

12  immediately preceding the date of the physical examination or

13  review of the treatment records the physician must have

14  devoted professional time to the active clinical practice of

15  evaluation, diagnosis, or treatment of medical conditions or

16  to the instruction of students in an accredited health

17  professional school or accredited residency program or a

18  clinical research program that is affiliated with an

19  accredited health professional school or teaching hospital or

20  accredited residency program. The physician preparing a report

21  at the request of an insurer and physicians rendering expert

22  opinions on behalf of persons claiming medical benefits for

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

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

25  years, copies of all examination reports as medical records

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

27  payments for the examinations and reports. Neither an insurer

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

29  insurer may materially change an opinion in a report prepared

30  under this paragraph or direct the physician preparing the

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

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 1  result of such a changed opinion constitutes a material

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

 3  provision does not preclude the insurer from calling to the

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

 5  upon information in the claim file.

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

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

 8  a copy of every written report concerning the examination

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

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

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

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

13  request, to receive from the person examined every written

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

15  concerning any examination, previously or thereafter made, of

16  the same mental or physical condition.  By requesting and

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

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

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

20  benefits, regarding the testimony of every other person who

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

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

23  unreasonably refuses to submit to an examination, the personal

24  injury protection carrier is no longer liable for subsequent

25  personal injury protection benefits.

26         (8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S

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

28  627.730-627.7405 between the insured and the insurer, or

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

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

31  in subsection (10) (11).

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 1         (9)(a)  Each insurer which has issued a policy

 2  providing personal injury protection benefits shall report the

 3  renewal, cancellation, or nonrenewal thereof to the Department

 4  of Highway Safety and Motor Vehicles within 45 days from the

 5  effective date of the renewal, cancellation, or nonrenewal.

 6  Upon the issuance of a policy providing personal injury

 7  protection benefits to a named insured not previously insured

 8  by the insurer thereof during that calendar year, the insurer

 9  shall report the issuance of the new policy to the Department

10  of Highway Safety and Motor Vehicles within 30 days.  The

11  report shall be in such form and format and contain such

12  information as may be required by the Department of Highway

13  Safety and Motor Vehicles which shall include a format

14  compatible with the data processing capabilities of said

15  department, and the Department of Highway Safety and Motor

16  Vehicles is authorized to adopt rules necessary with respect

17  thereto. Failure by an insurer to file proper reports with the

18  Department of Highway Safety and Motor Vehicles as required by

19  this subsection or rules adopted with respect to the

20  requirements of this subsection constitutes a violation of the

21  Florida Insurance Code. Reports of cancellations and policy

22  renewals and reports of the issuance of new policies received

23  by the Department of Highway Safety and Motor Vehicles are

24  confidential and exempt from the provisions of s. 119.07(1).

25  These records are to be used for enforcement and regulatory

26  purposes only, including the generation by the department of

27  data regarding compliance by owners of motor vehicles with

28  financial responsibility coverage requirements. In addition,

29  the Department of Highway Safety and Motor Vehicles shall

30  release, upon a written request by a person involved in a

31  motor vehicle accident, by the person's attorney, or by a

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 1  representative of the person's motor vehicle insurer, the name

 2  of the insurance company and the policy number for the policy

 3  covering the vehicle named by the requesting party.  The

 4  written request must include a copy of the appropriate

 5  accident form as provided in s. 316.065, s. 316.066, or s.

 6  316.068.

 7         (b)  Every insurer with respect to each insurance

 8  policy providing personal injury protection benefits shall

 9  notify the named insured or in the case of a commercial fleet

10  policy, the first named insured in writing that any

11  cancellation or nonrenewal of the policy will be reported by

12  the insurer to the Department of Highway Safety and Motor

13  Vehicles.  The notice shall also inform the named insured that

14  failure to maintain personal injury protection and property

15  damage liability insurance on a motor vehicle when required by

16  law may result in the loss of registration and driving

17  privileges in this state, and the notice shall inform the

18  named insured of the amount of the reinstatement fees required

19  by s. 627.733(7).  This notice is for informational purposes

20  only, and no civil liability shall attach to an insurer due to

21  failure to provide this notice.

22         (9)(10)  An insurer may negotiate and enter into

23  contracts with licensed health care providers for the benefits

24  described in this section, referred to in this section as

25  "preferred providers," which shall include health care

26  providers licensed under chapters 458, 459, 460, 461, and 463.

27  The insurer may provide an option to an insured to use a

28  preferred provider at the time of purchase of the policy for

29  personal injury protection benefits, if the requirements of

30  this subsection are met. If the insured elects to use a

31  provider who is not a preferred provider, whether the insured

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 1  purchased a preferred provider policy or a nonpreferred

 2  provider policy, the medical benefits provided by the insurer

 3  shall be as required by this section. If the insured elects to

 4  use a provider who is a preferred provider, the insurer may

 5  pay medical benefits in excess of the benefits required by

 6  this section and may waive or lower the amount of any

 7  deductible that applies to such medical benefits. If the

 8  insurer offers a preferred provider policy to a policyholder

 9  or applicant, it must also offer a nonpreferred provider

10  policy. The insurer shall provide each policyholder with a

11  current roster of preferred providers in the county in which

12  the insured resides at the time of purchase of such policy,

13  and shall make such list available for public inspection

14  during regular business hours at the principal office of the

15  insurer within the state.

16         (10)(11)  DEMAND LETTER.--

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

18  benefits under this section, the insurer must be provided with

19  written notice of an intent to initiate litigation. Such

20  notice may not be sent until the claim is overdue, including

21  any additional time the insurer has to pay the claim pursuant

22  to paragraph (4)(b).

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

24  "demand letter under s. 627.736(10) s. 627.736(11)" and shall

25  state with specificity:

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

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

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

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

30  claim was originally submitted to the insurer.

31  

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

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

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

 4  and an itemized statement specifying each exact amount, the

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

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

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

 8  previously submitted may be used as the itemized statement. To

 9  the extent that the demand involves an insurer's withdrawal of

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

11  rendered, the claimant shall attach a copy of the insurer's

12  notice withdrawing such payment and an itemized statement of

13  the type, frequency, and duration of future treatment claimed

14  to be reasonable and medically necessary.

15         (c)  Each notice required by this subsection must be

16  delivered to the insurer by United States certified or

17  registered mail, return receipt requested. Such postal costs

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

19  claimant in the notice, when the insurer pays the claim. Such

20  notice must be sent to the person and address specified by the

21  insurer for the purposes of receiving notices under this

22  subsection. Each licensed insurer, whether domestic, foreign,

23  or alien, shall file with the office designation of the name

24  and address of the person to whom notices pursuant to this

25  subsection shall be sent which the office shall make available

26  on its Internet website. The name and address on file with the

27  office pursuant to s. 624.422 shall be deemed the authorized

28  representative to accept notice pursuant to this subsection in

29  the event no other designation has been made.

30         (d)  If, within 15 days after receipt of notice by the

31  insurer, the overdue claim specified in the notice is paid by

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 1  the insurer together with applicable interest and a penalty of

 2  10 percent of the overdue amount paid by the insurer, subject

 3  to a maximum penalty of $250, no action may be brought against

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

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

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

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

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

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

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

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

12  future treatment in accordance with the requirements of this

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

14  amount demanded, the penalty shall not be payable in any

15  subsequent action. For purposes of this subsection, payment or

16  the insurer's agreement shall be treated as being made on the

17  date a draft or other valid instrument that is equivalent to

18  payment, or the insurer's written statement of agreement, is

19  placed in the United States mail in a properly addressed,

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

21  delivery. The insurer shall not be obligated to pay any

22  attorney's fees if the insurer pays the claim or mails its

23  agreement to pay for future treatment within the time

24  prescribed by this subsection.

25         (e)  The applicable statute of limitation for an action

26  under this section shall be tolled for a period of 15 business

27  days by the mailing of the notice required by this subsection.

28         (f)  Any insurer making a general business practice of

29  not paying valid claims until receipt of the notice required

30  by this subsection is engaging in an unfair trade practice

31  under the insurance code.

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 1         (11)(12)  CIVIL ACTION FOR INSURANCE FRAUD.--An insurer

 2  shall have a cause of action against any person convicted of,

 3  or who, regardless of adjudication of guilt, pleads guilty or

 4  nolo contendere to insurance fraud under s. 817.234, patient

 5  brokering under s. 817.505, or kickbacks under s. 456.054,

 6  associated with a claim for personal injury protection

 7  benefits in accordance with this section. An insurer

 8  prevailing in an action brought under this subsection may

 9  recover compensatory, consequential, and punitive damages

10  subject to the requirements and limitations of part II of

11  chapter 768, and attorney's fees and costs incurred in

12  litigating a cause of action against any person convicted of,

13  or who, regardless of adjudication of guilt, pleads guilty or

14  nolo contendere to insurance fraud under s. 817.234, patient

15  brokering under s. 817.505, or kickbacks under s. 456.054,

16  associated with a claim for personal injury protection

17  benefits in accordance with this section.

18         (12)(13)  MINIMUM BENEFIT COVERAGE.--If the Financial

19  Services Commission determines that the cost savings under

20  personal injury protection insurance benefits paid by insurers

21  have been realized due to the provisions of this act, prior

22  legislative reforms, or other factors, the commission may

23  increase the minimum $10,000 benefit coverage requirement. In

24  establishing the amount of such increase, the commission must

25  determine that the additional premium for such coverage is

26  approximately equal to the premium cost savings that have been

27  realized for the personal injury protection coverage with

28  limits of $10,000.

29         (13)(14)  FRAUD ADVISORY NOTICE.--Upon receiving notice

30  of a claim under this section, an insurer shall provide a

31  notice to the insured or to a person for whom a claim for

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 1  reimbursement for diagnosis or treatment of injuries has been

 2  filed, advising that:

 3         (a)  Pursuant to s. 626.9892, the Department of

 4  Financial Services may pay rewards of up to $25,000 to persons

 5  providing information leading to the arrest and conviction of

 6  persons committing crimes investigated by the Division of

 7  Insurance Fraud arising from violations of s. 440.105, s.

 8  624.15, s. 626.9541, s. 626.989, or s. 817.234.

 9         (b)  Solicitation of a person injured in a motor

10  vehicle crash for purposes of filing personal injury

11  protection or tort claims could be a violation of s. 817.234,

12  s. 817.505, or the rules regulating The Florida Bar and should

13  be immediately reported to the Division of Insurance Fraud if

14  such conduct has taken place.

15         Section 14.  Notwithstanding the repeal of the Florida

16  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

17  section 627.737, Florida Statutes, is revived and reenacted to

18  read:

19         627.737  Tort exemption; limitation on right to

20  damages; punitive damages.--

21         (1)  Every owner, registrant, operator, or occupant of

22  a motor vehicle with respect to which security has been

23  provided as required by ss. 627.730-627.7405, and every person

24  or organization legally responsible for her or his acts or

25  omissions, is hereby exempted from tort liability for damages

26  because of bodily injury, sickness, or disease arising out of

27  the ownership, operation, maintenance, or use of such motor

28  vehicle in this state to the extent that the benefits

29  described in s. 627.736(1) are payable for such injury, or

30  would be payable but for any exclusion authorized by ss.

31  627.730-627.7405, under any insurance policy or other method

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 1  of security complying with the requirements of s. 627.733, or

 2  by an owner personally liable under s. 627.733 for the payment

 3  of such benefits, unless a person is entitled to maintain an

 4  action for pain, suffering, mental anguish, and inconvenience

 5  for such injury under the provisions of subsection (2).

 6         (2)  In any action of tort brought against the owner,

 7  registrant, operator, or occupant of a motor vehicle with

 8  respect to which security has been provided as required by ss.

 9  627.730-627.7405, or against any person or organization

10  legally responsible for her or his acts or omissions, a

11  plaintiff may recover damages in tort for pain, suffering,

12  mental anguish, and inconvenience because of bodily injury,

13  sickness, or disease arising out of the ownership,

14  maintenance, operation, or use of such motor vehicle only in

15  the event that the injury or disease consists in whole or in

16  part of:

17         (a)  Significant and permanent loss of an important

18  bodily function.

19         (b)  Permanent injury within a reasonable degree of

20  medical probability, other than scarring or disfigurement.

21         (c)  Significant and permanent scarring or

22  disfigurement.

23         (d)  Death.

24         (3)  When a defendant, in a proceeding brought pursuant

25  to ss. 627.730-627.7405, questions whether the plaintiff has

26  met the requirements of subsection (2), then the defendant may

27  file an appropriate motion with the court, and the court

28  shall, on a one-time basis only, 30 days before the date set

29  for the trial or the pretrial hearing, whichever is first, by

30  examining the pleadings and the evidence before it, ascertain

31  whether the plaintiff will be able to submit some evidence

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 1  that the plaintiff will meet the requirements of subsection

 2  (2).  If the court finds that the plaintiff will not be able

 3  to submit such evidence, then the court shall dismiss the

 4  plaintiff's claim without prejudice.

 5         (4)  In any action brought against an automobile

 6  liability insurer for damages in excess of its policy limits,

 7  no claim for punitive damages shall be allowed.

 8         Section 15.  Notwithstanding the repeal of the Florida

 9  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

10  section 627.739, Florida Statutes, is revived and reenacted to

11  read:

12         627.739  Personal injury protection; optional

13  limitations; deductibles.--

14         (1)  The named insured may elect a deductible or

15  modified coverage or combination thereof to apply to the named

16  insured alone or to the named insured and dependent relatives

17  residing in the same household, but may not elect a deductible

18  or modified coverage to apply to any other person covered

19  under the policy.

20         (2)  Insurers shall offer to each applicant and to each

21  policyholder, upon the renewal of an existing policy,

22  deductibles, in amounts of $250, $500, and $1,000. The

23  deductible amount must be applied to 100 percent of the

24  expenses and losses described in s. 627.736. After the

25  deductible is met, each insured is eligible to receive up to

26  $10,000 in total benefits described in s. 627.736(1). However,

27  this subsection shall not be applied to reduce the amount of

28  any benefits received in accordance with s. 627.736(1)(c).

29         (3)  Insurers shall offer coverage wherein, at the

30  election of the named insured, the benefits for loss of gross

31  

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 1  income and loss of earning capacity described in s.

 2  627.736(1)(b) shall be excluded.

 3         (4)  The named insured shall not be prevented from

 4  electing a deductible under subsection (2) and modified

 5  coverage under subsection (3). Each election made by the named

 6  insured under this section shall result in an appropriate

 7  reduction of premium associated with that election.

 8         (5)  All such offers shall be made in clear and

 9  unambiguous language at the time the initial application is

10  taken and prior to each annual renewal and shall indicate that

11  a premium reduction will result from each election. At the

12  option of the insurer, the requirements of the preceding

13  sentence are met by using forms of notice approved by the

14  office, or by providing the following notice in 10-point type

15  in the insurer's application for initial issuance of a policy

16  of motor vehicle insurance and the insurer's annual notice of

17  renewal premium:

18  

19         For personal injury protection insurance, the

20         named insured may elect a deductible and to

21         exclude coverage for loss of gross income and

22         loss of earning capacity ("lost wages"). These

23         elections apply to the named insured alone, or

24         to the named insured and all dependent resident

25         relatives. A premium reduction will result from

26         these elections. The named insured is hereby

27         advised not to elect the lost wage exclusion if

28         the named insured or dependent resident

29         relatives are employed, since lost wages will

30         not be payable in the event of an accident.

31  

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 1         Section 16.  Notwithstanding the repeal of the Florida

 2  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

 3  section 627.7401, Florida Statutes, is revived and reenacted

 4  to read:

 5         627.7401  Notification of insured's rights.--

 6         (1)  The commission, by rule, shall adopt a form for

 7  the notification of insureds of their right to receive

 8  personal injury protection benefits under the Florida Motor

 9  Vehicle No-Fault Law. Such notice shall include:

10         (a)  A description of the benefits provided by personal

11  injury protection, including, but not limited to, the specific

12  types of services for which medical benefits are paid,

13  disability benefits, death benefits, significant exclusions

14  from and limitations on personal injury protection benefits,

15  when payments are due, how benefits are coordinated with other

16  insurance benefits that the insured may have, penalties and

17  interest that may be imposed on insurers for failure to make

18  timely payments of benefits, and rights of parties regarding

19  disputes as to benefits.

20         (b)  An advisory informing insureds that:

21         1.  Pursuant to s. 626.9892, the Department of

22  Financial Services may pay rewards of up to $25,000 to persons

23  providing information leading to the arrest and conviction of

24  persons committing crimes investigated by the Division of

25  Insurance Fraud arising from violations of s. 440.105, s.

26  624.15, s. 626.9541, s. 626.989, or s. 817.234.

27         2.  Pursuant to s. 627.736(5)(e)1., if the insured

28  notifies the insurer of a billing error, the insured may be

29  entitled to a certain percentage of a reduction in the amount

30  paid by the insured's motor vehicle insurer.

31  

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 1         (c)  A notice that solicitation of a person injured in

 2  a motor vehicle crash for purposes of filing personal injury

 3  protection or tort claims could be a violation of s. 817.234,

 4  s 817.505, or the rules regulating The Florida Bar and should

 5  be immediately reported to the Division of Insurance Fraud if

 6  such conduct has taken place.

 7         (2)  Each insurer issuing a policy in this state

 8  providing personal injury protection benefits must mail or

 9  deliver the notice as specified in subsection (1) to an

10  insured within 21 days after receiving from the insured notice

11  of an automobile accident or claim involving personal injury

12  to an insured who is covered under the policy. The office may

13  allow an insurer additional time to provide the notice

14  specified in subsection (1) not to exceed 30 days, upon a

15  showing by the insurer that an emergency justifies an

16  extension of time.

17         (3)  The notice required by this section does not alter

18  or modify the terms of the insurance contract or other

19  requirements of this act.

20         Section 17.  Notwithstanding the repeal of the Florida

21  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

22  section 627.7403, Florida Statutes, is revived and reenacted

23  to read:

24         627.7403  Mandatory joinder of derivative claim.--In

25  any action brought pursuant to the provisions of s. 627.737

26  claiming personal injuries, all claims arising out of the

27  plaintiff's injuries, including all derivative claims, shall

28  be brought together, unless good cause is shown why such

29  claims should be brought separately.

30         Section 18.  Notwithstanding the repeal of the Florida

31  Motor Vehicle No-Fault Law, which occurred on October 1, 2007,

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 1  section 627.7405, Florida Statutes, is revived and reenacted

 2  to read:

 3         627.7405  Insurers' right of

 4  reimbursement.--Notwithstanding any other provisions of ss.

 5  627.730-627.7405, any insurer providing personal injury

 6  protection benefits on a private passenger motor vehicle shall

 7  have, to the extent of any personal injury protection benefits

 8  paid to any person as a benefit arising out of such private

 9  passenger motor vehicle insurance, a right of reimbursement

10  against the owner or the insurer of the owner of a commercial

11  motor vehicle, if the benefits paid result from such person

12  having been an occupant of the commercial motor vehicle or

13  having been struck by the commercial motor vehicle while not

14  an occupant of any self-propelled vehicle.

15         Section 19.  This act revives and reenacts, with

16  amendments, the Florida Motor Vehicle No-Fault Law, which

17  expired by operation of law on October 1, 2007. This act is

18  intended to be remedial and curative in nature and to minimize

19  confusion concerning the changes made by this act to ss.

20  627.730-627.7405, Florida Statutes. Therefore, the Florida

21  Motor Vehicle No-Fault Law shall continue to be codified as

22  ss. 627.730-627.7405, Florida Statutes, notwithstanding the

23  repeal of those sections contained in s. 19, chapter 2003-411,

24  Laws of Florida.

25         Section 20.  Effective January 15, 2008, and applicable

26  to policies issued or renewed on or after that date,

27  paragraphs (a) and (c) of subsection (1), subsection (4),

28  paragraphs (a) and (b) of subsection (5), subsection (8), and

29  paragraphs (d) and (e) of subsection (10) of section 627.736,

30  Florida Statutes, as reenacted and amended by this act, are

31  amended, subsections (11), (12), and (13), as reenacted and

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 1  amended by this act, are redesignated as subsections (12),

 2  (13), and (14), respectively, and a new subsection (11) and

 3  subsections (15) and (16) are added to that section, to read:

 4         627.736  Required personal injury protection benefits;

 5  exclusions; priority; claims.--

 6         (1)  REQUIRED BENEFITS.--Every insurance policy

 7  complying with the security requirements of s. 627.733 shall

 8  provide personal injury protection to the named insured,

 9  relatives residing in the same household, persons operating

10  the insured motor vehicle, passengers in such motor vehicle,

11  and other persons struck by such motor vehicle and suffering

12  bodily injury while not an occupant of a self-propelled

13  vehicle, subject to the provisions of subsection (2) and

14  paragraph (4)(d), to a limit of $10,000 for loss sustained by

15  any such person as a result of bodily injury, sickness,

16  disease, or death arising out of the ownership, maintenance,

17  or use of a motor vehicle as follows:

18         (a)  Medical benefits.--Eighty percent of all

19  reasonable expenses for medically necessary medical, surgical,

20  X-ray, dental, and rehabilitative services, including

21  prosthetic devices, and medically necessary ambulance,

22  hospital, and nursing services. However, the medical benefits

23  shall provide reimbursement only for such services and care

24  that is provided, ordered, or prescribed by a physician

25  licensed under chapter 458 or chapter 459 or a dentist

26  licensed under chapter 466 or that is provided by any of the

27  following persons or entities:

28         1.  A chiropractic physician licensed under chapter

29  460.

30         2.  A hospital or ambulatory surgical center licensed

31  under chapter 395.

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 1         3.  Emergency transportation and treatment by a person

 2  or entity licensed under ss. 401.2101-401.45.

 3         4.  An entity wholly owned by one or more physicians

 4  licensed under chapter 458 or chapter 459, chiropractic

 5  physicians licensed under chapter 460, or dentists licensed

 6  under chapter 466, or by such practitioner or practitioners

 7  and the spouse, parent, child, or sibling of that practitioner

 8  or those practitioners.

 9         5.  An entity wholly owned, directly or indirectly, by

10  a hospital or hospitals.

11         6.  A health care clinic licensed pursuant to ss.

12  400.990-400.995 which is:

13         a.  Accredited by the Joint Commission on Accreditation

14  of Healthcare Organizations, the American Osteopathic

15  Association, the Commission on Accreditation of Rehabilitation

16  Facilities, or the Accreditation Association for Ambulatory

17  Health Care, Inc.; or

18         b.  A health care clinic that:

19         (I)  Has a medical director licensed under chapter 458,

20  chapter 459, or chapter 460;

21         (II)  Has either been continuously licensed for more

22  than 3 years or is a publicly traded corporation that issues

23  securities traded on an exchange registered with the United

24  States Securities and Exchange Commission as a national

25  securities exchange; and

26         (III)  Provides at least four of the following medical

27  specialties:

28         (A)  General medicine.

29         (B)  Radiography.

30         (C)  Orthopedic medicine.

31         (D)  Physical medicine.

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 1         (E)  Physical therapy.

 2         (F)  Physical rehabilitation.

 3         (G)  Prescribing or dispensing outpatient prescription

 4  medication.

 5         (H)  Laboratory services.

 6  

 7  The Financial Services Commission shall adopt by rule the form

 8  that must be used by an insurer and a health care provider

 9  specified in subparagraph 4., subparagraph 5., or subparagraph

10  6. to document that the health care provider meets the

11  criteria of this paragraph, which rule must include a

12  requirement for a sworn statement or affidavit. Such benefits

13  shall also include necessary remedial treatment and services

14  recognized and permitted under the laws of the state for an

15  injured person who relies upon spiritual means through prayer

16  alone for healing, in accordance with his or her religious

17  beliefs; however, this sentence does not affect the

18  determination of what other services or procedures are

19  medically necessary.

20         (c)  Death benefits.--Death benefits equal to the

21  lesser of $5,000 or the remainder of unused personal injury

22  protection benefits per individual. The insurer may pay such

23  benefits to the executor or administrator of the deceased, to

24  any of the deceased's relatives by blood or legal adoption or

25  connection by marriage, or to any person appearing to the

26  insurer to be equitably entitled thereto.

27  

28  Only insurers writing motor vehicle liability insurance in

29  this state may provide the required benefits of this section,

30  and no such insurer shall require the purchase of any other

31  motor vehicle coverage other than the purchase of property

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 1  damage liability coverage as required by s. 627.7275 as a

 2  condition for providing such required benefits. Insurers may

 3  not require that property damage liability insurance in an

 4  amount greater than $10,000 be purchased in conjunction with

 5  personal injury protection. Such insurers shall make benefits

 6  and required property damage liability insurance coverage

 7  available through normal marketing channels. Any insurer

 8  writing motor vehicle liability insurance in this state who

 9  fails to comply with such availability requirement as a

10  general business practice shall be deemed to have violated

11  part IX of chapter 626, and such violation shall constitute an

12  unfair method of competition or an unfair or deceptive act or

13  practice involving the business of insurance; and any such

14  insurer committing such violation shall be subject to the

15  penalties afforded in such part, as well as those which may be

16  afforded elsewhere in the insurance code.

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

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

19  benefits received under any workers' compensation law shall be

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

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

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

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

24  627.730-627.7405. When the Agency for Health Care

25  Administration provides, pays, or becomes liable for medical

26  assistance under the Medicaid program related to injury,

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

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

29  627.730-627.7405 shall be subject to the provisions of the

30  Medicaid program.

31  

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

 2  as soon as practicable after an accident involving a motor

 3  vehicle with respect to which the policy affords the security

 4  required by ss. 627.730-627.7405.

 5         (b)  Personal injury protection insurance benefits paid

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

 7  30 days after the insurer is furnished written notice of the

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

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

10  entire claim, any partial amount supported by written notice

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

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

13  remainder of the claim that is subsequently supported by

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

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

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

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

18  rejection an itemized specification of each item that the

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

20  information that the insurer desires the claimant to consider

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

22  explain the reasonableness of the reduced charge, provided

23  that this shall not limit the introduction of evidence at

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

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

26  number to be referenced in future correspondence. However,

27  notwithstanding the fact that written notice has been

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

29  overdue when the insurer has reasonable proof to establish

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

31  purpose of calculating the extent to which any benefits are

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

 2  draft or other valid instrument which is equivalent to payment

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

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

 5  delivery. This paragraph does not preclude or limit the

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

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

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

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

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

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

12  paragraph.

13         (c)  Upon receiving notice of an accident that is

14  potentially covered by personal injury protection benefits,

15  the insurer must reserve $5,000 of personal injury protection

16  benefits for payment to physicians licensed under chapter 458

17  or chapter 459 who provide emergency services and care, as

18  defined in s. 395.002(9), or who provide hospital inpatient

19  care. The amount required to be held in reserve may be used

20  only to pay claims from such physicians until 30 days after

21  the date the insurer receives notice of the accident. After

22  the 30-day period, any amount of the reserve for which the

23  insurer has not received notice of a claim from a physician

24  who provided emergency services and care or who provided

25  hospital inpatient care may then be used by the insurer to pay

26  other claims. The time periods specified in paragraph (b) for

27  required payment of personal injury protection benefits shall

28  be tolled for the period of time that an insurer is required

29  by this paragraph to hold payment of a claim that is not from

30  a physician who provided emergency services and care or who

31  provided hospital inpatient care.

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 1         (d)(c)  All overdue payments shall bear simple interest

 2  at the rate established under s. 55.03 or the rate established

 3  in the insurance contract, whichever is greater, for the year

 4  in which the payment became overdue, calculated from the date

 5  the insurer was furnished with written notice of the amount of

 6  covered loss. Interest shall be due at the time payment of the

 7  overdue claim is made.

 8         (e)(d)  The insurer of the owner of a motor vehicle

 9  shall pay personal injury protection benefits for:

10         1.  Accidental bodily injury sustained in this state by

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

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

13  by physical contact with a motor vehicle.

14         2.  Accidental bodily injury sustained outside this

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

16  territories or possessions or Canada, by the owner while

17  occupying the owner's motor vehicle.

18         3.  Accidental bodily injury sustained by a relative of

19  the owner residing in the same household, under the

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

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

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

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

24  required under ss. 627.730-627.7405.

25         4.  Accidental bodily injury sustained in this state by

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

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

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

29  contact with such motor vehicle, provided the injured person

30  is not himself or herself:

31  

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

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

 3         b.  Entitled to personal injury benefits from the

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

 5         (f)(e)  If two or more insurers are liable to pay

 6  personal injury protection benefits for the same injury to any

 7  one person, the maximum payable shall be as specified in

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

 9  entitled to recover from each of the other insurers an

10  equitable pro rata share of the benefits paid and expenses

11  incurred in processing the claim.

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

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

14  section with such frequency as to constitute a general

15  business practice.

16         (h)(g)  Benefits shall not be due or payable to or on

17  the behalf of an insured person if that person has committed,

18  by a material act or omission, any insurance fraud relating to

19  personal injury protection coverage under his or her policy,

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

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

22  jurisdiction. Any insurance fraud shall void all coverage

23  arising from the claim related to such fraud under the

24  personal injury protection coverage of the insured person who

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

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

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

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

29  committed insurance fraud in their entirety. The prevailing

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

31  

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

 2  its right of recovery under this paragraph.

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

 4         (a)1.  Any physician, hospital, clinic, or other person

 5  or institution lawfully rendering treatment to an injured

 6  person for a bodily injury covered by personal injury

 7  protection insurance may charge the insurer and injured party

 8  only a reasonable amount pursuant to this section for the

 9  services and supplies rendered, and the insurer providing such

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

11  institution lawfully rendering such treatment, if the insured

12  receiving such treatment or his or her guardian has

13  countersigned the properly completed invoice, bill, or claim

14  form approved by the office upon which such charges are to be

15  paid for as having actually been rendered, to the best

16  knowledge of the insured or his or her guardian. In no event,

17  however, may such a charge be in excess of the amount the

18  person or institution customarily charges for like services or

19  supplies. With respect to a determination of whether a charge

20  for a particular service, treatment, or otherwise is

21  reasonable, consideration may be given to evidence of usual

22  and customary charges and payments accepted by the provider

23  involved in the dispute, and reimbursement levels in the

24  community and various federal and state medical fee schedules

25  applicable to automobile and other insurance coverages, and

26  other information relevant to the reasonableness of the

27  reimbursement for the service, treatment, or supply.

28         2.  The insurer may limit reimbursement to 80 percent

29  of the following schedule of maximum charges:

30         a.  For emergency transport and treatment by providers

31  licensed under chapter 401, 200 percent of Medicare.

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 1         b.  For emergency services and care provided by a

 2  hospital licensed under chapter 395, 75 percent of the

 3  hospital's usual and customary charges.

 4         c.  For emergency services and care rendered by a

 5  physician and related hospital inpatient services rendered by

 6  a physician, the usual and customary charges in the community.

 7         d.  For hospital inpatient services, other than

 8  emergency services and care, 200 percent of the Medicare Part

 9  A prospective payment applicable to the specific hospital

10  providing the inpatient services.

11         e.  For hospital outpatient services, other than

12  emergency services and care, 200 percent of the Medicare Part

13  A Ambulatory Payment Classification for the specific hospital

14  providing the outpatient services.

15         f.  For all other medical services, supplies, and care,

16  200 percent of the applicable Medicare Part B fee schedule.

17  However, if such services, supplies, or care are not

18  reimbursable under Medicare Part B, the insurer may limit

19  reimbursement to 80 percent of the maximum reimbursable

20  allowance under workers' compensation, as determined under s.

21  440.13 and rules adopted thereunder which are in effect at the

22  time such services, supplies, or care are provided. Services,

23  supplies, or care that are not reimbursable under Medicare or

24  workers' compensation are not required to be reimbursed by the

25  insurer.

26         3.  For purposes of subparagraph 2., the applicable fee

27  schedule or payment limitation under Medicare is the fee

28  schedule or payment limitation in effect at the time the

29  services, supplies, or care were rendered and for the area in

30  which such services were rendered.

31  

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 1         4.  Subparagraph 2. does not allow the insurer to apply

 2  any limitation on the number of treatments or other

 3  utilization limits that apply under Medicare or workers'

 4  compensation. An insurer that applies the allowable payment

 5  limitations of subparagraph 2. must reimburse a provider who

 6  lawfully provided care or treatment under the scope of his or

 7  her license, regardless of whether such provider would be

 8  entitled to reimbursement under Medicare due to restrictions

 9  or limitations on the types or discipline of health care

10  providers who may be reimbursed for particular procedures or

11  procedure codes.

12         5.  If an insurer limits payment as authorized by

13  subparagraph 2., the person providing such services, supplies,

14  or care may not bill or attempt to collect from the insured

15  any amount in excess of such limits, except for amounts that

16  are not covered by the insured's personal injury protection

17  coverage due to the coinsurance amount or maximum policy

18  limits.

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

20  claim or charges:

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

22  behalf of a broker;

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

24  the time rendered;

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

26  misleading statement relating to the claim or charges;

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

28  substantially meet the applicable requirements of paragraph

29  (d);

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

31  that is unbundled when such treatment or services should be

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

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

 3  that it determines to have been improperly or incorrectly

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

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

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

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

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

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

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

11  file; and

12         f.  For medical services or treatment billed by a

13  physician and not provided in a hospital unless such services

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

15  professional services and are included on the physician's

16  bill, including documentation verifying that the physician is

17  responsible for the medical services that were rendered and

18  billed.

19         2.  Charges for medically necessary cephalic

20  thermograms, peripheral thermograms, spinal ultrasounds,

21  extremity ultrasounds, video fluoroscopy, and surface

22  electromyography shall not exceed the maximum reimbursement

23  allowance for such procedures as set forth in the applicable

24  fee schedule or other payment methodology established pursuant

25  to s. 440.13.

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

27  injury protection insurance insurer and insured for medically

28  necessary nerve conduction testing when done in conjunction

29  with a needle electromyography procedure and both are

30  performed and billed solely by a physician licensed under

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

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 1  also certified by the American Board of Electrodiagnostic

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

 3  Medical Specialties or the American Osteopathic Association or

 4  who holds diplomate status with the American Chiropractic

 5  Neurology Board or its predecessors shall not exceed 200

 6  percent of the allowable amount under the participating

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

 8  the area in which the treatment was rendered, adjusted

 9  annually on August 1 to reflect the prior calendar year's

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

11  Index for All Urban Consumers in the South Region as

12  determined by the Bureau of Labor Statistics of the United

13  States Department of Labor.

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

15  injury protection insurance insurer and insured for medically

16  necessary nerve conduction testing that does not meet the

17  requirements of subparagraph 3. shall not exceed the

18  applicable fee schedule or other payment methodology

19  established pursuant to s. 440.13.

20         5.  Allowable amounts that may be charged to a personal

21  injury protection insurance insurer and insured for magnetic

22  resonance imaging services shall not exceed 175 percent of the

23  allowable amount under the participating physician fee

24  schedule of Medicare Part B for year 2001, for the area in

25  which the treatment was rendered, adjusted annually on August

26  1 to reflect the prior calendar year's changes in the annual

27  Medical Care Item of the Consumer Price Index for All Urban

28  Consumers in the South Region as determined by the Bureau of

29  Labor Statistics of the United States Department of Labor for

30  the 12-month period ending June 30 of that year, except that

31  allowable amounts that may be charged to a personal injury

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 1  protection insurance insurer and insured for magnetic

 2  resonance imaging services provided in facilities accredited

 3  by the Accreditation Association for Ambulatory Health Care,

 4  the American College of Radiology, or the Joint Commission on

 5  Accreditation of Healthcare Organizations shall not exceed 200

 6  percent of the allowable amount under the participating

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

 8  the area in which the treatment was rendered, adjusted

 9  annually on August 1 to reflect the prior calendar year's

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

11  Index for All Urban Consumers in the South Region as

12  determined by the Bureau of Labor Statistics of the United

13  States Department of Labor for the 12-month period ending June

14  30 of that year. This paragraph does not apply to charges for

15  magnetic resonance imaging services and nerve conduction

16  testing for inpatients and emergency services and care as

17  defined in chapter 395 rendered by facilities licensed under

18  chapter 395.

19         2.6.  The Department of Health, in consultation with

20  the appropriate professional licensing boards, shall adopt, by

21  rule, a list of diagnostic tests deemed not to be medically

22  necessary for use in the treatment of persons sustaining

23  bodily injury covered by personal injury protection benefits

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

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

26  determined by the Department of Health, in consultation with

27  the respective professional licensing boards. Inclusion of a

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

29  lack of demonstrated medical value and a level of general

30  acceptance by the relevant provider community and shall not be

31  dependent for results entirely upon subjective patient

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 1  response. Notwithstanding its inclusion on a fee schedule in

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

 3  any charges or reimburse claims for any invalid diagnostic

 4  test as determined by the Department of Health.

 5         (8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S

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

 7  627.730-627.7405 between the insured and the insurer, or

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

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

10  in subsections subsection (10) and (15).

11         (10)  DEMAND LETTER.--

12         (d)  If, within 30 15 days after receipt of notice by

13  the insurer, the overdue claim specified in the notice is paid

14  by the insurer together with applicable interest and a penalty

15  of 10 percent of the overdue amount paid by the insurer,

16  subject to a maximum penalty of $250, no action may be brought

17  against the insurer. If the demand involves an insurer's

18  withdrawal of payment under paragraph (7)(a) for future

19  treatment not yet rendered, no action may be brought against

20  the insurer if, within 30 15 days after its receipt of the

21  notice, the insurer mails to the person filing the notice a

22  written statement of the insurer's agreement to pay for such

23  treatment in accordance with the notice and to pay a penalty

24  of 10 percent, subject to a maximum penalty of $250, when it

25  pays for such future treatment in accordance with the

26  requirements of this section. To the extent the insurer

27  determines not to pay any amount demanded, the penalty shall

28  not be payable in any subsequent action. For purposes of this

29  subsection, payment or the insurer's agreement shall be

30  treated as being made on the date a draft or other valid

31  instrument that is equivalent to payment, or the insurer's

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 1  written statement of agreement, is placed in the United States

 2  mail in a properly addressed, postpaid envelope, or if not so

 3  posted, on the date of delivery. The insurer is shall not be

 4  obligated to pay any attorney's fees if the insurer pays the

 5  claim or mails its agreement to pay for future treatment

 6  within the time prescribed by this subsection.

 7         (e)  The applicable statute of limitation for an action

 8  under this section shall be tolled for a period of 30 15

 9  business days by the mailing of the notice required by this

10  subsection.

11         (11)  FAILURE TO PAY VALID CLAIMS; UNFAIR OR DECEPTIVE

12  PRACTICE.--

13         (a)  If an insurer fails to pay valid claims for

14  personal injury protection with such frequency so as to

15  indicate a general business practice, the insurer is engaging

16  in a prohibited unfair or deceptive practice that is subject

17  to the penalties provided in s. 626.9521 and the office has

18  the powers and duties specified in ss. 626.9561-626.9601 with

19  respect thereto.

20         (b)  Notwithstanding s. 501.212, the Department of

21  Legal Affairs may investigate and initiate actions for a

22  violation of this subsection, including, but not limited to,

23  the powers and duties specified in part II of chapter 501.

24         (15)  ALL CLAIMS BROUGHT IN A SINGLE ACTION.--In any

25  civil action to recover personal injury protection benefits

26  brought by a claimant pursuant to this section against an

27  insurer, all claims related to the same health care provider

28  for the same injured person shall be brought in one action,

29  unless good cause is shown why such claims should be brought

30  separately. If the court determines that a civil action is

31  filed for a claim that should have been brought in a prior

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 1  civil action, the court may not award attorney's fees to the

 2  claimant.

 3         (16)  SECURE ELECTRONIC DATA TRANSFER.--Any electronic

 4  notice, documentation, transmission, or communication of any

 5  kind required or authorized under ss. 627.730-627.7405 must be

 6  transmitted by secure electronic data transfer that is

 7  consistent with state and federal privacy and security laws.

 8         Section 21.  Effective January 15, 2008, and applicable

 9  to policies issued or renewed on or after that date, section

10  627.739, Florida Statutes, as reenacted by this act, is

11  amended to read:

12         627.739  Personal injury protection; optional

13  limitations; deductibles.--

14         (1)  The named insured may elect a deductible or

15  modified coverage as specified in subsection (2) or

16  combination thereof to apply to the named insured alone or to

17  the named insured and dependent relatives residing in the same

18  household, but may not elect a deductible or modified coverage

19  to apply to any other person covered under the policy.

20         (2)  Insurers shall offer to each applicant and to each

21  policyholder, upon the renewal of an existing policy,

22  deductibles, in amounts of $250, $500, and $1,000. The

23  deductible amount must be applied to 100 percent of the

24  expenses and losses described in s. 627.736. After the

25  deductible is met, each insured is eligible to receive up to

26  $10,000 in total benefits described in s. 627.736(1). However,

27  this subsection shall not be applied to reduce the amount of

28  any benefits received in accordance with s. 627.736(1)(c).

29         (2)(3)  Insurers shall offer coverage wherein, at the

30  election of the named insured, the benefits for loss of gross

31  

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 1  income and loss of earning capacity described in s.

 2  627.736(1)(b) shall be excluded.

 3         (3)(4)  The named insured shall not be prevented from

 4  electing a deductible under subsection (2) and modified

 5  coverage under subsection (2) (3). Each election made by the

 6  named insured under this section shall result in an

 7  appropriate reduction of premium associated with that

 8  election.

 9         (4)(5)  All Such offer offers shall be made in clear

10  and unambiguous language at the time the initial application

11  is taken and prior to each annual renewal and shall indicate

12  that a premium reduction will result from such each election.

13  At the option of the insurer, the requirements of the

14  preceding sentence are met by using forms of notice approved

15  by the office, or by providing the following notice in

16  10-point type in the insurer's application for initial

17  issuance of a policy of motor vehicle insurance and the

18  insurer's annual notice of renewal premium:

19  

20         For personal injury protection insurance, the

21         named insured may elect a deductible and to

22         exclude coverage for loss of gross income and

23         loss of earning capacity ("lost wages"). This

24         election applies These elections apply to the

25         named insured alone, or to the named insured

26         and all dependent resident relatives. A premium

27         reduction will result from this election these

28         elections. The named insured is hereby advised

29         not to elect the lost wage exclusion if the

30         named insured or dependent resident relatives

31  

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 1         are employed, since lost wages will not be

 2         payable in the event of an accident.

 3         Section 22.  (1)  The Legislature intends that the

 4  provisions of this act reviving and reenacting the Florida

 5  Motor Vehicle No-Fault Law apply to policies issued on or

 6  after the effective date of this act.

 7         (2)  Each insurer that issued coverage for a motor

 8  vehicle that is subject to the Florida Motor Vehicle No-Fault

 9  Law shall, within 30 days after the effective date of this

10  act, mail or deliver a revised notice of the premium and

11  policy changes to each policyholder whose policy has an

12  effective date on or after the effective date of this act and

13  who was previously issued a motor vehicle insurance policy or

14  sent a renewal notice based on the assumption that the Florida

15  Motor Vehicle No-Fault Law would be repealed on October 1,

16  2007. For a renewal policy, the coverage must provide the same

17  limits of personal injury protection coverage, the same

18  deductible from personal injury protection coverage, and the

19  same limits of medical payments coverage as provided in the

20  prior policy, unless the policyholder elects different limits

21  that are available. The effective date of the revised policy

22  or renewal shall be the same as the effective date specified

23  in the prior notice. The revised notice of premium and

24  coverage changes are exempt from the requirements of ss.

25  627.7277, 627.728, and 627.7282, Florida Statutes. The

26  policyholder has a period of 30 days, or a longer period if

27  specified by the insurer, following receipt of the revised

28  notice within which to pay any additional amount of premium

29  due and thereby maintain the policy in force as specified in

30  this section. Alternatively, the policyholder may cancel the

31  policy within this time period and obtain a refund of the

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    597-375C-08




 1  unearned premium. If the policyholder fails to timely respond

 2  to the notice, the insurer must cancel the policy and return

 3  any unearned premium to the insured. The date on which the

 4  policy will be canceled shall be stated in the notice and may

 5  not be less than 35 days after the date of the notice. The

 6  amount of unearned premium due to the policyholder shall be

 7  calculated on a pro rata basis. The failure of an insurer to

 8  timely mail or deliver a revised notice as required by this

 9  subsection does not affect the other requirements of this

10  section.

11         (3)  With respect to a policy providing personal injury

12  protection coverage having an effective date between the

13  effective date of this act and January 14, 2008, inclusive,

14  the insurer shall use the forms and rates it had in effect on

15  September 30, 2007, for all coverages in that policy unless

16  the insurer makes a new rate or form filing that is approved

17  by the Office of Insurance Regulation or otherwise legally

18  allowed.

19         (4)  The Legislature recognizes that some persons have

20  been issued a motor vehicle insurance policy effective on or

21  after October 1, 2007, and before the effective date of this

22  act, which does not include personal injury protection, based

23  upon the expected repeal of the Florida Motor Vehicle No-Fault

24  Law on October 1, 2007, pursuant to s. 19, chapter 2003-411,

25  Laws of Florida. Any such person:

26         (a)  May continue to own and operate a motor vehicle in

27  this state without being subject to any sanction for failing

28  to maintain personal injury protection coverage if that person

29  continues to meet statutory requirements relating to property

30  damage liability coverage and obtains personal injury

31  

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 1  protection coverage that takes effect no later than December

 2  1, 2007.

 3         (b)  Is not subject to the provisions of s. 627.737,

 4  Florida Statutes, relating to the exemption from tort

 5  liability with respect to injuries sustained by the person in

 6  a motor vehicle crash occurring while the policy without

 7  personal injury protection coverage is in effect but not later

 8  than November 30, 2007. This paragraph also applies during

 9  such period to any person who would have been covered under a

10  personal injury protection policy if such a policy had been

11  maintained on such motor vehicle.

12         (5)  Each insurer shall, by October 31, 2007, provide

13  written notification to each insured referred to in subsection

14  (4) informing the insured that he or she must obtain personal

15  injury protection coverage that takes effect no later than

16  December 1, 2007. Such notice must include the premium for

17  such coverage and the premium credit, if any, which will be

18  provided for other coverage, such as bodily injury liability

19  coverage or uninsured motorist coverage, as required by

20  subsection (3). Alternatively, the insurer may add an

21  endorsement to the policy to provide personal injury

22  protection coverage as required by law, effective no later

23  than December 1, 2007, without requiring any additional

24  payment from the insured, and shall provide written

25  notification to the insured of such endorsement by October 31,

26  2007.

27         Section 23.  Except as otherwise expressly provided in

28  this act, this act shall take effect upon becoming a law.

29  

30  

31  

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