Florida Senate - 2020                             CS for SB 1668
       By the Committee on Judiciary; and Senator Simmons
       590-02768-20                                          20201668c1
    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
   12  read:
   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. With respect to past and
   25  present medical expenses, if the claimant is entitled to be
   26  reimbursed through any public or private health insurance or
   27  governmental health coverage, the amounts paid or payable under
   28  the insurance or governmental health coverage shall be presumed
   29  to be the usual and customary medical charges, unless the
   30  claimant shows that such amounts are inadequate under the
   31  circumstances. With respect to damages for future medical
   32  expenses, evidence of the availability of private or public
   33  health insurance coverage may be considered along with other
   34  relevant evidence. Usual and customary charges may not include
   35  increased or additional charges based on the outcome of the
   36  litigation The provisions of this section shall not apply to any
   37  complaint filed prior to May 20, 1975.
   38         Section 2. This act shall take effect July 1, 2020.