Florida Senate - 2024                                    SB 1640
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01322B-24                                          20241640__
    1                        A bill to be entitled                      
    2         An act relating to payments for health care services;
    3         amending s. 95.11, F.S.; establishing a 3-year statute
    4         of limitations for an action to collect medical debt
    5         for services rendered by certain health care
    6         facilities; creating s. 222.26, F.S.; providing
    7         additional personal property exemptions from legal
    8         process for medical debts resulting from services
    9         provided in certain licensed facilities; amending s.
   10         395.301, F.S.; requiring certain licensed facilities
   11         to post on their respective websites a consumer
   12         friendly list of standard charges for a minimum number
   13         of shoppable health care services; requiring the
   14         facilities to provide such information in an
   15         alternative format as requested by the patient;
   16         defining terms; requiring licensed facilities to
   17         provide a good faith estimate of reasonably
   18         anticipated charges to the patient’s health insurer
   19         and the patient, prospective patient, or patient’s
   20         legal guardian within specified timeframes; requiring
   21         such facilities to provide the estimate in the manner
   22         selected by the patient, prospective patient, or
   23         patient’s legal guardian; revising notification
   24         requirements for such estimates to include
   25         notification of a patient’s legal guardian, if any;
   26         deleting the requirement that licensed facilities
   27         educate the public on the availability of such
   28         estimates upon request; revising a penalty; deleting
   29         construction; requiring licensed facilities to
   30         establish an internal grievance process for patients
   31         to submit grievances, including to dispute charges;
   32         requiring licensed facilities to make available on
   33         their respective websites information necessary for
   34         initiating a grievance; requiring licensed facilities
   35         to respond to a patient grievance within a specified
   36         timeframe; requiring licensed facilities to disclose
   37         certain information to patients, prospective patients,
   38         and patients’ legal guardians, as applicable;
   39         providing a civil penalty; creating s. 395.3011, F.S.;
   40         defining the term “extraordinary collection action”;
   41         prohibiting licensed facilities from engaging in
   42         extraordinary collection actions against individuals
   43         to obtain payment for services under specified
   44         circumstances; amending s. 624.27, F.S.; revising the
   45         definition of the term “health care provider” for
   46         purposes of direct health care agreements; creating s.
   47         627.446, F.S.; defining the term “health insurer”;
   48         requiring health insurers to provide an insured with
   49         an advanced explanation of benefits after receiving a
   50         patient estimate from a facility for scheduled
   51         services; providing requirements for the advanced
   52         explanation of benefits; creating s. 627.447, F.S.;
   53         prohibiting health insurers from prohibiting providers
   54         from disclosing certain information to an insured;
   55         defining the term “discounted cash price”; amending s.
   56         627.6387, F.S.; revising the definition of the terms
   57         “health insurer” and “shared savings incentive” to
   58         conform to changes made by the act; requiring, rather
   59         than authorizing, health insurers to offer a shared
   60         savings incentive program under certain circumstances;
   61         requiring that a certain notification required of
   62         health insurers include specified information;
   63         providing that a shared savings incentive offered by a
   64         health insurer constitutes a medical expense for
   65         purposes of rate development and rate filing; amending
   66         ss. 627.6648 and 641.31076, F.S.; providing that a
   67         shared savings incentive offered by a health insurer
   68         or health maintenance organization, respectively,
   69         constitutes a medical expense for rate development and
   70         rate filing purposes; amending ss. 475.01, 475.611,
   71         517.191, 768.28, and 787.061, F.S.; conforming cross
   72         references; providing an effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Present subsections (4) through (12) of section
   77  95.11, Florida Statutes, are redesignated as subsections (5)
   78  through (13), respectively, a new subsection (4) is added to
   79  that section, and paragraph (b) of subsection (2), paragraph (n)
   80  of subsection (3), paragraphs (f) and (g) of present subsection
   81  (5), and present subsection (10) of that section are amended, to
   82  read:
   83         95.11 Limitations other than for the recovery of real
   84  property.—Actions other than for recovery of real property shall
   85  be commenced as follows:
   86         (2) WITHIN FIVE YEARS.—
   87         (b) A legal or equitable action on a contract, obligation,
   88  or liability founded on a written instrument, except for an
   89  action to enforce a claim against a payment bond, which shall be
   90  governed by the applicable provisions of paragraph (6)(e)
   91  (5)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and
   92  except for an action for a deficiency judgment governed by
   93  paragraph (6)(h) (5)(h).
   94         (3) WITHIN FOUR YEARS.—
   95         (n) An action for assault, battery, false arrest, malicious
   96  prosecution, malicious interference, false imprisonment, or any
   97  other intentional tort, except as provided in subsections (4),
   98  (5), (6), and (8) (7).
   99         (4)WITHIN THREE YEARS.—An action to collect medical debt
  100  for services rendered by a facility licensed under chapter 395,
  101  provided that the period of limitations runs from the date on
  102  which the facility completes written notification of the medical
  103  debt, either through the mail or via electronic means with
  104  evidence of receipt, in the delivery manner selected by the
  105  affected patient or the patient’s legal representative or the
  106  date on which the facility refers the medical debt to a third
  107  party for collection, whichever date is later.
  108         (6)(5) WITHIN ONE YEAR.—
  109         (f) Except for actions described in subsection (9) (8), a
  110  petition for extraordinary writ, other than a petition
  111  challenging a criminal conviction, filed by or on behalf of a
  112  prisoner as defined in s. 57.085.
  113         (g) Except for actions described in subsection (9) (8), an
  114  action brought by or on behalf of a prisoner, as defined in s.
  115  57.085, relating to the conditions of the prisoner’s
  116  confinement.
  117         (11)(10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
  118  DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
  119  (5)(e) (4)(e), an action for wrongful death seeking damages
  120  authorized under s. 768.21 brought against a natural person for
  121  an intentional tort resulting in death from acts described in s.
  122  782.04 or s. 782.07 may be commenced at any time. This
  123  subsection shall not be construed to require an arrest, the
  124  filing of formal criminal charges, or a conviction for a
  125  violation of s. 782.04 or s. 782.07 as a condition for filing a
  126  civil action.
  127         Section 2. Section 222.26, Florida Statutes, is created to
  128  read:
  129         222.26Additional exemptions from legal process concerning
  130  medical debt.—If a debt is owed for medical services provided by
  131  a facility licensed under chapter 395, the following property is
  132  exempt from attachment, garnishment, or other legal process in
  133  an action on such debt:
  134         (1)A debtor’s interest, not to exceed $10,000 in value, in
  135  a single motor vehicle as defined in s. 320.01(1).
  136         (2)A debtor’s interest in personal property, not to exceed
  137  $10,000 in value, if the debtor does not claim or receive the
  138  benefits of a homestead exemption under s. 4, Art. X of the
  139  State Constitution.
  140         Section 3. Present paragraphs (b), (c), and (d) of
  141  subsection (1) of section 395.301, Florida Statutes, are
  142  redesignated as paragraphs (c), (d), and (e), respectively,
  143  present subsection (6) is redesignated as subsection (8), a new
  144  paragraph (b) is added to subsection (1), a new subsection (6)
  145  and subsection (7) are added to that section, and present
  146  paragraph (b) of subsection (1) of that section is amended, to
  147  read:
  148         395.301 Price transparency; itemized patient statement or
  149  bill; patient admission status notification.—
  150         (1) A facility licensed under this chapter shall provide
  151  timely and accurate financial information and quality of service
  152  measures to patients and prospective patients of the facility,
  153  or to patients’ survivors or legal guardians, as appropriate.
  154  Such information shall be provided in accordance with this
  155  section and rules adopted by the agency pursuant to this chapter
  156  and s. 408.05. Licensed facilities operating exclusively as
  157  state facilities are exempt from this subsection.
  158         (b)Each licensed facility shall post on its website a
  159  consumer-friendly list of standard charges for at least 300
  160  shoppable health care services. If a facility provides fewer
  161  than 300 distinct shoppable health care services, it must make
  162  available on its website the standard charges for each service
  163  it provides. A facility shall provide the information in an
  164  alternative format as requested by the patient. As used in this
  165  paragraph, the term:
  166         1.“Shoppable health care service” means a service that can
  167  be scheduled by a health care consumer in advance. The term
  168  includes, but is not limited to, the services described in s.
  169  627.6387(2)(e) and any services defined in regulations or
  170  guidance issued by the United States Department of Health and
  171  Human Services.
  172         2.“Standard charge” has the same meaning as the definition
  173  of that term in regulations or guidance issued by the United
  174  States Department of Health and Human Services for purposes of
  175  hospital price transparency.
  176         (c)1.(b)1.Upon request, and Before providing any
  177  nonemergency medical services, each licensed facility shall
  178  provide in writing or by electronic means, in the manner
  179  requested by the patient, prospective patient, or patient’s
  180  legal guardian, a good faith estimate of reasonably anticipated
  181  charges by the facility for the treatment of the patient’s or
  182  prospective patient’s specific condition. Such estimate must be
  183  provided to the patient, prospective patient, or patient’s legal
  184  guardian upon scheduling a medical service. The facility must
  185  provide the estimate to the patient or prospective patient
  186  within 7 business days after the receipt of the request and is
  187  not required to adjust the estimate for any potential insurance
  188  coverage. The facility shall provide the estimate to the
  189  patient’s health insurer, as defined in s. 627.446(1), and the
  190  patient or the patient’s legal guardian at least 3 business days
  191  before a service is to be furnished, but no later than 1
  192  business day after the service is scheduled or, in the case of a
  193  service scheduled at least 10 business days in advance, no later
  194  than 3 business days after the service is scheduled. The
  195  estimate may be based on the descriptive service bundles
  196  developed by the agency under s. 408.05(3)(c) unless the
  197  patient, or prospective patient, or patient’s legal guardian
  198  requests a more personalized and specific estimate that accounts
  199  for the specific condition and characteristics of the patient or
  200  prospective patient. The facility shall inform the patient, or
  201  prospective patient, or patient’s legal guardian that he or she
  202  may contact the patient’s his or her health insurer or health
  203  maintenance organization for additional information concerning
  204  cost-sharing responsibilities.
  205         2. In the estimate, the facility shall provide to the
  206  patient, or prospective patient, or patient’s legal guardian
  207  information delivered in the patient’s preferred format on the
  208  facility’s financial assistance policy, including the
  209  application process, payment plans, and discounts and the
  210  facility’s charity care policy and collection procedures.
  211         3. The estimate shall clearly identify any facility fees
  212  and, if applicable, include a statement notifying the patient,
  213  or prospective patient, or patient’s legal guardian that a
  214  facility fee is included in the estimate, the purpose of the
  215  fee, and that the patient may pay less for the procedure or
  216  service at another facility or in another health care setting.
  217         4. Upon request, The facility shall notify the patient, or
  218  prospective patient, or patient’s legal guardian of any revision
  219  to the estimate.
  220         5. In the estimate, the facility must notify the patient,
  221  or prospective patient, or patient’s legal guardian that
  222  services may be provided in the health care facility by the
  223  facility as well as by other health care providers that may
  224  separately bill the patient, if applicable.
  225         6. The facility shall take action to educate the public
  226  that such estimates are available upon request.
  227         7. Failure to timely provide the estimate pursuant to this
  228  paragraph shall result in a daily fine of $1,000 until the
  229  estimate is provided to the patient, or prospective patient, or
  230  patient’s legal guardian and the health insurer. The total fine
  231  per patient estimate may not exceed $10,000.
  232  
  233  The provision of an estimate does not preclude the actual
  234  charges from exceeding the estimate.
  235         (6)Each facility shall establish an internal process for
  236  reviewing and responding to grievances from patients. Such
  237  process must allow patients to dispute charges that appear on
  238  the patient’s itemized statement or bill. The facility shall
  239  prominently post on its website and indicate in bold print on
  240  each itemized statement or bill the instructions for initiating
  241  a grievance and the direct contact information required to
  242  initiate the grievance process. The facility shall provide an
  243  initial response to a patient grievance within 7 business days
  244  after the patient formally files a grievance disputing all or a
  245  portion of an itemized statement or bill.
  246         (7)Each licensed facility shall disclose to a patient,
  247  prospective patient, or a patient’s legal guardian whether a
  248  cost-sharing obligation for a particular covered health care
  249  service or item exceeds the charge that applies to an individual
  250  who pays cash or the cash equivalent for the same health care
  251  service or item in the absence of health insurance coverage. The
  252  facility’s failure to provide a disclosure compliant with this
  253  section may result in a fine not to exceed $500 per incident.
  254         Section 4. Section 395.3011, Florida Statutes, is created
  255  to read:
  256         395.3011Billing and collection activities.—
  257         (1)As used in this section, the term “extraordinary
  258  collection action” means any of the following actions taken by a
  259  licensed facility against an individual in relation to obtaining
  260  payment of a bill for care covered under the facility’s
  261  financial assistance policy:
  262         (a)Selling the individual’s debt to another party.
  263         (b)Reporting adverse information about the individual to
  264  consumer credit reporting agencies or credit bureaus.
  265         (c)Deferring, denying, or requiring a payment before
  266  providing medically necessary care because of the individual’s
  267  nonpayment of one or more bills for previously provided care
  268  covered under the facility’s financial assistance policy.
  269         (d)Actions that require a legal or judicial process,
  270  including, but not limited to:
  271         1.Placing a lien on the individual’s property;
  272         2.Foreclosing on the individual’s real property;
  273         3.Attaching or seizing the individual’s bank account or
  274  any other personal property;
  275         4.Commencing a civil action against the individual;
  276         5.Causing the individual’s arrest; or
  277         6.Garnishing the individual’s wages.
  278         (2)A facility may not engage in an extraordinary
  279  collection action against an individual to obtain payment for
  280  services:
  281         (a)Before the facility has made reasonable efforts to
  282  determine whether the individual is eligible for assistance
  283  under its financial assistance policy for the care provided and,
  284  if eligible, before a decision is made by the facility on the
  285  patient’s application for such financial assistance.
  286         (b)Before the facility has provided the individual with an
  287  itemized statement or bill.
  288         (c)During an ongoing grievance process as described in s.
  289  395.301(6) or an ongoing appeal of a claim adjudication.
  290         (d)Before billing any applicable insurer and allowing the
  291  insurer to adjudicate a claim.
  292         (e)For 30 calendar days after notifying the patient in
  293  writing, by certified mail or by other traceable delivery
  294  method, that a collection action will commence absent additional
  295  action by the patient.
  296         (f)While the individual:
  297         1.Negotiates in good faith the final amount of a bill for
  298  services rendered; or
  299         2.Complies with all terms of a payment plan with the
  300  facility.
  301         Section 5. Paragraph (b) of subsection (1) of section
  302  624.27, Florida Statutes, is amended to read:
  303         624.27 Direct health care agreements; exemption from code.—
  304         (1) As used in this section, the term:
  305         (b) “Health care provider” means a health care provider
  306  licensed under chapter 458, chapter 459, chapter 460, chapter
  307  461, chapter 464, or chapter 466, chapter 490, or chapter 491,
  308  or a health care group practice, who provides health care
  309  services to patients.
  310         Section 6. Section 627.446, Florida Statutes, is created to
  311  read:
  312         627.446Advanced explanation of benefits.—
  313         (1)As used in this section, the term “health insurer”
  314  means an authorized insurer issuing individual or group coverage
  315  under this chapter or a health maintenance organization issuing
  316  coverage through an individual or a group contract under chapter
  317  641.
  318         (2)Each health insurer shall prepare an advanced
  319  explanation of benefits upon receiving a patient estimate from a
  320  facility pursuant to s. 395.301(1). The health insurer must
  321  provide the advanced explanation of benefits to the insured no
  322  later than 1 business day after receiving the patient estimate
  323  from the facility or, in the case of a service scheduled at
  324  least 10 business days in advance, no later than 3 business days
  325  after receiving such estimate.
  326         (3)At a minimum, the advanced explanation of benefits must
  327  include detailed coverage and cost-sharing information pursuant
  328  to 42 U.S.C. s. 300gg-111 (2020) and the regulations and
  329  guidance adopted thereunder.
  330         Section 7. Section 627.447, Florida Statutes, is created to
  331  read:
  332         627.447 Disclosure of discounted cash prices.—A health
  333  insurer may not prohibit a provider from disclosing to an
  334  insured the option to pay the provider’s discounted cash price
  335  for health care services. For purposes of this section, the term
  336  discounted cash price has the following meanings:
  337         (1)With respect to a hospital facility, the term has the
  338  same meaning as provided in 45 C.F.R. s. 180.20. The term does
  339  not include the amount charged to an individual pursuant to a
  340  facility’s financial assistance policy.
  341         (2)With respect to a provider that is not a hospital, the
  342  term means the charge that is applied to an individual who paid
  343  for a health care service without filing an insurance claim.
  344         Section 8. Paragraphs (b) and (c) of subsection (2),
  345  subsection (3), and paragraph (a) of subsection (4) of section
  346  627.6387, Florida Statutes, are amended to read:
  347         627.6387 Shared savings incentive program.—
  348         (2) As used in this section, the term:
  349         (b) “Health insurer” means an authorized insurer offering
  350  health insurance as defined in s. 627.446 s. 624.603.
  351         (c) “Shared savings incentive” means a voluntary and
  352  optional financial incentive that a health insurer provides may
  353  provide to an insured for choosing certain shoppable health care
  354  services under a shared savings incentive program, which and may
  355  include, but is not limited to, the incentives described in s.
  356  626.9541(4)(a).
  357         (3) A health insurer must may offer a shared savings
  358  incentive program to provide incentives to an insured when the
  359  insured obtains a shoppable health care service from the health
  360  insurer’s shared savings list. An insured may not be required to
  361  participate in a shared savings incentive program. A health
  362  insurer that offers a shared savings incentive program must:
  363         (a) Establish the program as a component part of the policy
  364  or certificate of insurance provided by the health insurer and
  365  notify the insureds and the office at least 30 days before
  366  program termination.
  367         (b) File a description of the program on a form prescribed
  368  by commission rule. The office must review the filing and
  369  determine whether the shared savings incentive program complies
  370  with this section.
  371         (c) Notify an insured annually and at the time of renewal,
  372  and an applicant for insurance at the time of enrollment, of the
  373  availability of the shared savings incentive program and the
  374  procedure to participate in the program and that participation
  375  by the insured is voluntary and optional.
  376         (d) Publish on a web page easily accessible to insureds and
  377  to applicants for insurance a list of shoppable health care
  378  services and health care providers and the shared savings
  379  incentive amount applicable for each service. A shared savings
  380  incentive may not be less than 25 percent of the savings
  381  generated by the insured’s participation in any shared savings
  382  incentive offered by the health insurer. The baseline for the
  383  savings calculation is the average in-network amount paid for
  384  that service in the most recent 12-month period or some other
  385  methodology established by the health insurer and approved by
  386  the office.
  387         (e) At least quarterly, credit or deposit the shared
  388  savings incentive amount to the insured’s account as a return or
  389  reduction in premium, or credit the shared savings incentive
  390  amount to the insured’s flexible spending account, health
  391  savings account, or health reimbursement account, or reward the
  392  insured directly with cash or a cash equivalent.
  393         (f) Submit an annual report to the office within 90
  394  business days after the close of each plan year. At a minimum,
  395  the report must include the following information:
  396         1. The number of insureds who participated in the program
  397  during the plan year and the number of instances of
  398  participation.
  399         2. The total cost of services provided as a part of the
  400  program.
  401         3. The total value of the shared savings incentive payments
  402  made to insureds participating in the program and the values
  403  distributed as premium reductions, credits to flexible spending
  404  accounts, credits to health savings accounts, or credits to
  405  health reimbursement accounts.
  406         4. An inventory of the shoppable health care services
  407  offered by the health insurer.
  408         (4)(a) A shared savings incentive offered by a health
  409  insurer in accordance with this section:
  410         1. Is not an administrative expense for rate development or
  411  rate filing purposes and shall be counted as a medical expense
  412  for such purposes.
  413         2. Does not constitute an unfair method of competition or
  414  an unfair or deceptive act or practice under s. 626.9541 and is
  415  presumed to be appropriate unless credible data clearly
  416  demonstrates otherwise.
  417         Section 9. Paragraph (a) of subsection (4) of section
  418  627.6648, Florida Statutes, is amended to read:
  419         627.6648 Shared savings incentive program.—
  420         (4)(a) A shared savings incentive offered by a health
  421  insurer in accordance with this section:
  422         1. Is not an administrative expense for rate development or
  423  rate filing purposes and shall be counted as a medical expense
  424  for such purposes.
  425         2. Does not constitute an unfair method of competition or
  426  an unfair or deceptive act or practice under s. 626.9541 and is
  427  presumed to be appropriate unless credible data clearly
  428  demonstrates otherwise.
  429         Section 10. Paragraph (a) of subsection (4) of section
  430  641.31076, Florida Statutes, is amended to read:
  431         641.31076 Shared savings incentive program.—
  432         (4) A shared savings incentive offered by a health
  433  maintenance organization in accordance with this section:
  434         (a) Is not an administrative expense for rate development
  435  or rate filing purposes and shall be counted as a medical
  436  expense for such purposes.
  437         Section 11. Paragraphs (a) and (j) of subsection (1) of
  438  section 475.01, Florida Statutes, are amended to read:
  439         475.01 Definitions.—
  440         (1) As used in this part:
  441         (a) “Broker” means a person who, for another, and for a
  442  compensation or valuable consideration directly or indirectly
  443  paid or promised, expressly or impliedly, or with an intent to
  444  collect or receive a compensation or valuable consideration
  445  therefor, appraises, auctions, sells, exchanges, buys, rents, or
  446  offers, attempts or agrees to appraise, auction, or negotiate
  447  the sale, exchange, purchase, or rental of business enterprises
  448  or business opportunities or any real property or any interest
  449  in or concerning the same, including mineral rights or leases,
  450  or who advertises or holds out to the public by any oral or
  451  printed solicitation or representation that she or he is engaged
  452  in the business of appraising, auctioning, buying, selling,
  453  exchanging, leasing, or renting business enterprises or business
  454  opportunities or real property of others or interests therein,
  455  including mineral rights, or who takes any part in the procuring
  456  of sellers, purchasers, lessors, or lessees of business
  457  enterprises or business opportunities or the real property of
  458  another, or leases, or interest therein, including mineral
  459  rights, or who directs or assists in the procuring of prospects
  460  or in the negotiation or closing of any transaction which does,
  461  or is calculated to, result in a sale, exchange, or leasing
  462  thereof, and who receives, expects, or is promised any
  463  compensation or valuable consideration, directly or indirectly
  464  therefor; and all persons who advertise rental property
  465  information or lists. A broker renders a professional service
  466  and is a professional within the meaning of s. 95.11(5)(b) s.
  467  95.11(4)(b). Where the term “appraise” or “appraising” appears
  468  in the definition of the term “broker,” it specifically excludes
  469  those appraisal services which must be performed only by a
  470  state-licensed or state-certified appraiser, and those appraisal
  471  services which may be performed by a registered trainee
  472  appraiser as defined in part II. The term “broker” also includes
  473  any person who is a general partner, officer, or director of a
  474  partnership or corporation which acts as a broker. The term
  475  “broker” also includes any person or entity who undertakes to
  476  list or sell one or more timeshare periods per year in one or
  477  more timeshare plans on behalf of any number of persons, except
  478  as provided in ss. 475.011 and 721.20.
  479         (j) “Sales associate” means a person who performs any act
  480  specified in the definition of “broker,” but who performs such
  481  act under the direction, control, or management of another
  482  person. A sales associate renders a professional service and is
  483  a professional within the meaning of s. 95.11(5)(b) s.
  484  95.11(4)(b).
  485         Section 12. Paragraph (h) of subsection (1) of section
  486  475.611, Florida Statutes, is amended to read:
  487         475.611 Definitions.—
  488         (1) As used in this part, the term:
  489         (h) “Appraiser” means any person who is a registered
  490  trainee real estate appraiser, a licensed real estate appraiser,
  491  or a certified real estate appraiser. An appraiser renders a
  492  professional service and is a professional within the meaning of
  493  s. 95.11(5)(b) s. 95.11(4)(b).
  494         Section 13. Subsection (7) of section 517.191, Florida
  495  Statutes, is amended to read:
  496         517.191 Injunction to restrain violations; civil penalties;
  497  enforcement by Attorney General.—
  498         (7) Notwithstanding s. 95.11(5)(f) s. 95.11(4)(f), an
  499  enforcement action brought under this section based on a
  500  violation of any provision of this chapter or any rule or order
  501  issued under this chapter shall be brought within 6 years after
  502  the facts giving rise to the cause of action were discovered or
  503  should have been discovered with the exercise of due diligence,
  504  but not more than 8 years after the date such violation
  505  occurred.
  506         Section 14. Subsection (14) of section 768.28, Florida
  507  Statutes, is amended to read:
  508         768.28 Waiver of sovereign immunity in tort actions;
  509  recovery limits; civil liability for damages caused during a
  510  riot; limitation on attorney fees; statute of limitations;
  511  exclusions; indemnification; risk management programs.—
  512         (14) Every claim against the state or one of its agencies
  513  or subdivisions for damages for a negligent or wrongful act or
  514  omission pursuant to this section shall be forever barred unless
  515  the civil action is commenced by filing a complaint in the court
  516  of appropriate jurisdiction within 4 years after such claim
  517  accrues; except that an action for contribution must be
  518  commenced within the limitations provided in s. 768.31(4), and
  519  an action for damages arising from medical malpractice or
  520  wrongful death must be commenced within the limitations for such
  521  actions in s. 95.11(5) s. 95.11(4).
  522         Section 15. Subsection (4) of section 787.061, Florida
  523  Statutes, is amended to read:
  524         787.061 Civil actions by victims of human trafficking.—
  525         (4) STATUTE OF LIMITATIONS.—The statute of limitations as
  526  specified in s. 95.11(8) or (10) s. 95.11(7) or (9), as
  527  applicable, governs an action brought under this section.
  528         Section 16. This act shall take effect October 1, 2024.