Florida Senate - 2020 SB 1668
By Senator Simmons
1 A bill to be entitled
2 An act relating to damages; amending s. 768.042, F.S.;
3 requiring that certain medical expenses in personal
4 injury claims be based on certain usual and customary
5 charges; specifying what constitutes a usual and
6 customary charge; deleting an obsolete provision;
7 providing an effective date.
9 Be It Enacted by the Legislature of the State of Florida:
11 Section 1. Section 768.042, Florida Statutes, is amended to
13 768.042 Damages.—
14 (1) In any action brought in the circuit court to recover
15 damages for personal injury or wrongful death, the amount of
16 general damages shall not be stated in the complaint, but the
17 amount of special damages, if any, may be specifically pleaded
18 and the requisite jurisdictional amount established for filing
19 in any court of competent jurisdiction.
20 (2) In any claim for damages relating to personal injury to
21 a claimant, evidence regarding the past, present, or future
22 medical expenses must be based on the usual and customary
23 charges in the community where the medical expenses are, or are
24 reasonably probable to be, incurred. Evidence of usual and
25 customary charges may not include evidence of increased or
26 additional charges based on the outcome of the litigation. If
27 the claimant is entitled to be reimbursed through any public or
28 private health insurance or governmental health coverage, the
29 amounts paid or payable under the insurance or governmental
30 health coverage shall be the usual and customary medical charges
The provisions of this section shall not apply to any complaint
32 filed prior to May 20, 1975.
33 Section 2. This act shall take effect July 1, 2020.