Florida Senate - 2020                      CS for CS for SB 1668
       By the Committees on Health Policy; and Judiciary; and Senator
       588-03477A-20                                         20201668c2
    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 charges;
    5         specifying what charges are admissible as evidence;
    6         prohibiting certain charges from being included as
    7         usual and customary charges; deleting an obsolete
    8         provision; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 768.042, Florida Statutes, is amended to
   13  read:
   14         768.042 Damages.—
   15         (1) In any action brought in the circuit court to recover
   16  damages for personal injury or wrongful death, the amount of
   17  general damages shall not be stated in the complaint, but the
   18  amount of special damages, if any, may be specifically pleaded
   19  and the requisite jurisdictional amount established for filing
   20  in any court of competent jurisdiction.
   21         (2) In any claim for damages relating to personal injury to
   22  a claimant, evidence regarding the past, present, or future
   23  medical expenses must be based on the usual and customary
   24  charges in the community where the medical expenses are, or are
   25  reasonably probable to be, incurred. With respect to past and
   26  present medical expenses, if the claimant is entitled to be
   27  reimbursed through any public or private health insurance or
   28  governmental health coverage, the charges from an independent,
   29  nonprofit, statistically reliable benchmarking database that has
   30  been in existence for the last 5 years and that qualifies for
   31  nonprofit status under s. 501(c)(3) of the United States
   32  Internal Revenue Code are admissible as evidence of the usual
   33  and customary medical charges. With respect to damages for
   34  future medical expenses, evidence of the reasonableness of any
   35  such medical expenses may be considered along with other
   36  relevant evidence. Usual and customary charges may not include
   37  increased or additional charges based on the outcome of the
   38  litigation The provisions of this section shall not apply to any
   39  complaint filed prior to May 20, 1975.
   40         Section 2. This act shall take effect July 1, 2020.