Florida Senate - 2023 SB 236 By Senator Hutson 7-00959H-23 2023236__ 1 A bill to be entitled 2 An act relating to civil remedies; amending s. 57.104, 3 F.S.; creating a rebuttable presumption that a 4 lodestar fee is a sufficient and reasonable attorney 5 fee in most civil actions; providing an exception; 6 amending s. 95.11, F.S.; reducing the statute of 7 limitations for negligence actions; amending s. 8 624.155, F.S.; providing standards for bad faith 9 actions; providing for the distribution of proceeds 10 when two or more third-party claims arising out of a 11 single occurrence exceed policy limits; creating s. 12 768.0427, F.S.; providing definitions; providing 13 standards for the admissibility of evidence to prove 14 the cost of damages for medical expenses in certain 15 civil actions; requiring certain disclosures with 16 respect to claims for medical expenses for treatment 17 rendered under letters of protection; specifying the 18 damages that may be recovered by a claimant for the 19 reasonable and necessary cost of medical care; 20 creating s. 768.0701, F.S.; requiring the trier of 21 fact to consider the fault of certain persons who 22 contribute to an injury; amending s. 768.79, F.S.; 23 providing for the applicability of that section; 24 amending s. 768.81, F.S.; providing that a party in a 25 negligence action who is at fault by a specified 26 amount may not recover damages under a comparative 27 negligence action; providing applicability; repealing 28 ss. 626.9373 and 627.428, F.S., relating to attorney 29 fees payable to insureds filing actions against 30 insurers; amending ss. 624.123, 624.488, 627.062, 31 627.401, 627.727, 627.736, 627.756, and 628.6016, 32 F.S.; conforming provisions to changes made by the 33 act; repealing ss. 631.70 and 631.926, F.S., relating 34 to awards of attorney fees; amending ss. 475.01, 35 475.611, 517.191, 627.441, and 632.638, F.S.; 36 conforming provisions to changes made by the act; 37 providing a directive to the Division of Law Revision; 38 providing applicability; providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1.Section 57.104, Florida Statutes, is amended to 43 read: 44 57.104Computation of attorney attorneys fees. 45 (1)In any action in which attorney attorneys fees are to 46 be determined or awarded by the court, the court shall consider, 47 among other things, time and labor of any legal assistants who 48 contributed nonclerical, meaningful legal support to the matter 49 involved and who are working under the supervision of an 50 attorney. For purposes of this section legal assistant means a 51 person, who under the supervision and direction of a licensed 52 attorney engages in legal research, and case development or 53 planning in relation to modifications or initial proceedings, 54 services, processes, or applications; or who prepares or 55 interprets legal documents or selects, compiles, and uses 56 technical information from references such as digests, 57 encyclopedias, or practice manuals and analyzes and follows 58 procedural problems that involve independent decisions. 59 (2)In any action in which attorney fees are determined or 60 awarded by the court, there is a strong presumption that a 61 lodestar fee is sufficient and reasonable. This presumption may 62 be overcome only in a rare and exceptional circumstance with 63 evidence that competent counsel could not otherwise be retained. 64 Section 2.Subsections (3), (4), and (10) of section 95.11, 65 Florida Statutes, are amended to read: 66 95.11Limitations other than for the recovery of real 67 property.Actions other than for recovery of real property shall 68 be commenced as follows: 69 (3)WITHIN FOUR YEARS. 70 (a)An action founded on negligence. 71 (b)An action relating to the determination of paternity, 72 with the time running from the date the child reaches the age of 73 majority. 74 (b)(c)An action founded on the design, planning, or 75 construction of an improvement to real property, with the time 76 running from the date of actual possession by the owner, the 77 date of the issuance of a certificate of occupancy, the date of 78 abandonment of construction if not completed, or the date of 79 completion of the contract or termination of the contract 80 between the professional engineer, registered architect, or 81 licensed contractor and his or her employer, whichever date is 82 latest; except that, when the action involves a latent defect, 83 the time runs from the time the defect is discovered or should 84 have been discovered with the exercise of due diligence. In any 85 event, the action must be commenced within 10 years after the 86 date of actual possession by the owner, the date of the issuance 87 of a certificate of occupancy, the date of abandonment of 88 construction if not completed, or the date of completion of the 89 contract or termination of the contract between the professional 90 engineer, registered architect, or licensed contractor and his 91 or her employer, whichever date is latest. However, 92 counterclaims, cross-claims, and third-party claims that arise 93 out of the conduct, transaction, or occurrence set out or 94 attempted to be set out in a pleading may be commenced up to 1 95 year after the pleading to which such claims relate is served, 96 even if such claims would otherwise be time barred. With respect 97 to actions founded on the design, planning, or construction of 98 an improvement to real property, if such construction is 99 performed pursuant to a duly issued building permit and if a 100 local enforcement agency, state enforcement agency, or special 101 inspector, as those terms are defined in s. 553.71, has issued a 102 final certificate of occupancy or certificate of completion, 103 then as to the construction which is within the scope of such 104 building permit and certificate, the correction of defects to 105 completed work or repair of completed work, whether performed 106 under warranty or otherwise, does not extend the period of time 107 within which an action must be commenced. Completion of the 108 contract means the later of the date of final performance of all 109 the contracted services or the date that final payment for such 110 services becomes due without regard to the date final payment is 111 made. 112 (c)(d)An action to recover public money or property held 113 by a public officer or employee, or former public officer or 114 employee, and obtained during, or as a result of, his or her 115 public office or employment. 116 (d)(e)An action for injury to a person founded on the 117 design, manufacture, distribution, or sale of personal property 118 that is not permanently incorporated in an improvement to real 119 property, including fixtures. 120 (e)(f)An action founded on a statutory liability. 121 (f)(g)An action for trespass on real property. 122 (g)(h)An action for taking, detaining, or injuring 123 personal property. 124 (h)(i)An action to recover specific personal property. 125 (i)(j)A legal or equitable action founded on fraud. 126 (j)(k)A legal or equitable action on a contract, 127 obligation, or liability not founded on a written instrument, 128 including an action for the sale and delivery of goods, wares, 129 and merchandise, and on store accounts. 130 (k)(l)An action to rescind a contract. 131 (l)(m)An action for money paid to any governmental 132 authority by mistake or inadvertence. 133 (m)(n)An action for a statutory penalty or forfeiture. 134 (n)(o)An action for assault, battery, false arrest, 135 malicious prosecution, malicious interference, false 136 imprisonment, or any other intentional tort, except as provided 137 in subsections (4), (5), and (7). 138 (o)(p)Any action not specifically provided for in these 139 statutes. 140 (p)(q)An action alleging a violation, other than a willful 141 violation, of s. 448.110. 142 (4)WITHIN TWO YEARS. 143 (a)An action founded on negligence. 144 (b)(a)An action for professional malpractice, other than 145 medical malpractice, whether founded on contract or tort; 146 provided that the period of limitations shall run from the time 147 the cause of action is discovered or should have been discovered 148 with the exercise of due diligence. However, the limitation of 149 actions herein for professional malpractice shall be limited to 150 persons in privity with the professional. 151 (c)(b)An action for medical malpractice shall be commenced 152 within 2 years from the time the incident giving rise to the 153 action occurred or within 2 years from the time the incident is 154 discovered, or should have been discovered with the exercise of 155 due diligence; however, in no event shall the action be 156 commenced later than 4 years from the date of the incident or 157 occurrence out of which the cause of action accrued, except that 158 this 4-year period shall not bar an action brought on behalf of 159 a minor on or before the childs eighth birthday. An action for 160 medical malpractice is defined as a claim in tort or in 161 contract for damages because of the death, injury, or monetary 162 loss to any person arising out of any medical, dental, or 163 surgical diagnosis, treatment, or care by any provider of health 164 care. The limitation of actions within this subsection shall be 165 limited to the health care provider and persons in privity with 166 the provider of health care. In those actions covered by this 167 paragraph in which it can be shown that fraud, concealment, or 168 intentional misrepresentation of fact prevented the discovery of 169 the injury the period of limitations is extended forward 2 years 170 from the time that the injury is discovered or should have been 171 discovered with the exercise of due diligence, but in no event 172 to exceed 7 years from the date the incident giving rise to the 173 injury occurred, except that this 7-year period shall not bar an 174 action brought on behalf of a minor on or before the childs 175 eighth birthday. This paragraph shall not apply to actions for 176 which ss. 766.301-766.316 provide the exclusive remedy. 177 (d)(c)An action to recover wages or overtime or damages or 178 penalties concerning payment of wages and overtime. 179 (e)(d)An action for wrongful death. 180 (f)(e)An action founded upon a violation of any provision 181 of chapter 517, with the period running from the time the facts 182 giving rise to the cause of action were discovered or should 183 have been discovered with the exercise of due diligence, but not 184 more than 5 years from the date such violation occurred. 185 (g)(f)An action for personal injury caused by contact with 186 or exposure to phenoxy herbicides while serving either as a 187 civilian or as a member of the Armed Forces of the United States 188 during the period January 1, 1962, through May 7, 1975; the 189 period of limitations shall run from the time the cause of 190 action is discovered or should have been discovered with the 191 exercise of due diligence. 192 (h)(g)An action for libel or slander. 193 (10)FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS 194 DESCRIBED IN S. 782.04 OR S. 782.07.Notwithstanding paragraph 195 (4)(e) (4)(d), an action for wrongful death seeking damages 196 authorized under s. 768.21 brought against a natural person for 197 an intentional tort resulting in death from acts described in s. 198 782.04 or s. 782.07 may be commenced at any time. This 199 subsection shall not be construed to require an arrest, the 200 filing of formal criminal charges, or a conviction for a 201 violation of s. 782.04 or s. 782.07 as a condition for filing a 202 civil action. 203 Section 3.Section 624.155, Florida Statutes, is amended to 204 read: 205 624.155Civil remedy. 206 (1)Any person may bring a civil action against an insurer 207 when such person is damaged: 208 (a)By a violation of any of the following provisions by 209 the insurer: 210 1.Section 626.9541(1)(i), (o), or (x); 211 2.Section 626.9551; 212 3.Section 626.9705; 213 4.Section 626.9706; 214 5.Section 626.9707; or 215 6.Section 627.7283. 216 (b)By the commission of any of the following acts by the 217 insurer: 218 1.Not attempting in good faith to settle claims when, 219 under all the circumstances, it could and should have done so, 220 had it acted fairly and honestly toward its insured and with due 221 regard for her or his interests; 222 2.Making claims payments to insureds or beneficiaries not 223 accompanied by a statement setting forth the coverage under 224 which payments are being made; or 225 3.Except as to liability coverages, failing to promptly 226 settle claims, when the obligation to settle a claim has become 227 reasonably clear, under one portion of the insurance policy 228 coverage in order to influence settlements under other portions 229 of the insurance policy coverage. 230 231 Notwithstanding the provisions of the above to the contrary, a 232 person pursuing a remedy under this section need not prove that 233 such act was committed or performed with such frequency as to 234 indicate a general business practice. 235 (2)Any party may bring a civil action against an 236 unauthorized insurer if such party is damaged by a violation of 237 s. 624.401 by the unauthorized insurer. 238 (3)(a)As a condition precedent to bringing an action under 239 this section, the department and the authorized insurer must 240 have been given 60 days written notice of the violation. Notice 241 to the authorized insurer must be provided by the department to 242 the e-mail address designated by the insurer under s. 624.422. 243 (b)The notice shall be on a form provided by the 244 department and shall state with specificity the following 245 information, and such other information as the department may 246 require: 247 1.The statutory provision, including the specific language 248 of the statute, which the authorized insurer allegedly violated. 249 2.The facts and circumstances giving rise to the 250 violation. 251 3.The name of any individual involved in the violation. 252 4.Reference to specific policy language that is relevant 253 to the violation, if any. If the person bringing the civil 254 action is a third party claimant, she or he shall not be 255 required to reference the specific policy language if the 256 authorized insurer has not provided a copy of the policy to the 257 third party claimant pursuant to written request. 258 5.A statement that the notice is given in order to perfect 259 the right to pursue the civil remedy authorized by this section. 260 (c)No action shall lie if, within 60 days after the 261 insurer receives notice from the department in accordance with 262 this subsection, the damages are paid or the circumstances 263 giving rise to the violation are corrected. 264 (d)The authorized insurer that is the recipient of a 265 notice filed pursuant to this section shall report to the 266 department on the disposition of the alleged violation. 267 (e)The applicable statute of limitations for an action 268 under this section shall be tolled for a period of: 269 1.Sixty days after the insurer receives from the 270 department the notice required by this subsection. 271 2.Sixty days after the date appraisal is invoked pursuant 272 to paragraph (f). 273 (f)A notice required under this subsection may not be 274 filed within 60 days after appraisal is invoked by any party in 275 a residential property insurance claim. 276 (4)An action for bad faith involving a failure to settle a 277 liability insurance claim, including any such action brought 278 under the common law, shall not lie if the insurer tenders the 279 lesser of the policy limits or the amount demanded by the 280 claimant either: 281 (a)Before a complaint asserting such claim, accompanied by 282 sufficient evidence to support the amount of the claim, is 283 filed; or 284 (b)Within 90 days after service of such complaint upon the 285 insurer. 286 287 Failure of an insurer to offer payment pursuant to this 288 subsection shall not constitute bad faith and is inadmissible as 289 evidence in any action seeking to establish bad faith on the 290 part of the insurer. 291 (5)In any bad faith action, whether such action is brought 292 under this section or is based on the common-law remedy for bad 293 faith: 294 (a)Mere negligence alone is insufficient to constitute bad 295 faith. 296 (b)1.The insured, claimant, and representative of the 297 insured or claimant have a duty to act in good faith in 298 furnishing information regarding the claim, in making demands of 299 the insurer, in setting deadlines, and in attempting to settle 300 the claim. This duty does not create a separate cause of action, 301 but may only be considered pursuant to subparagraph 2. 302 2.In any action for bad faith against an insurer, the 303 trier of fact may consider whether the insured, claimant, or 304 representative of the insured or claimant did not act in good 305 faith pursuant to this paragraph, in which case the trier of 306 fact may reasonably reduce the amount of damages awarded against 307 the insurer. 308 (6)If two or more third-party claimants have competing 309 claims arising out of a single occurrence, which in total may 310 exceed the available policy limits of one or more of the insured 311 parties who may be liable to the third-party claimants, an 312 insurer is not liable beyond the available policy limits for 313 failure to pay all or any portion of the available policy limits 314 to one or more of the third-party claimants if, within 90 days 315 after receiving notice of the competing claims in excess of the 316 available policy limits, the insurer complies with either 317 paragraph (a) or paragraph (b). 318 (a)The insurer files an interpleader action under the 319 Florida Rules of Civil Procedure. If the claims of the competing 320 third-party claimants are found to be in excess of the policy 321 limits, the third-party claimants are entitled to a prorated 322 share of the policy limits as determined by the trier of fact. 323 An insurers interpleader action does not alter or amend the 324 insurers obligation to defend its insured. 325 (b)Pursuant to binding arbitration that has been agreed to 326 by the insurer and the third-party claimants, the insurer makes 327 the entire amount of the policy limits available for payment to 328 the competing third-party claimants before a qualified 329 arbitrator selected by the insurer at the expense of the 330 insurer. The third-party claimants are entitled to a prorated 331 share of the policy limits as determined by the arbitrator, who 332 must consider the comparative fault, if any, of each third-party 333 claimant, and the total likely outcome at trial based upon the 334 total of the economic and noneconomic damages submitted to the 335 arbitrator for consideration. A third-party claimant whose claim 336 is resolved by the arbitrator must execute and deliver a general 337 release to the insured party whose claim is resolved by the 338 proceeding. 339 (7)(4)Upon adverse adjudication at trial or upon appeal, 340 the authorized insurer shall be liable for damages, together 341 with court costs and reasonable attorney attorneys fees 342 incurred by the plaintiff. 343 (8)(5)No Punitive damages may not shall be awarded under 344 this section unless the acts giving rise to the violation occur 345 with such frequency as to indicate a general business practice 346 and these acts are: 347 (a)Willful, wanton, and malicious; 348 (b)In reckless disregard for the rights of any insured; or 349 (c)In reckless disregard for the rights of a beneficiary 350 under a life insurance contract. 351 352 Any person who pursues a claim under this subsection shall post 353 in advance the costs of discovery. Such costs shall be awarded 354 to the authorized insurer if no punitive damages are awarded to 355 the plaintiff. 356 (9)(6)This section does shall not be construed to 357 authorize a class action suit against an authorized insurer or a 358 civil action against the commission, the office, or the 359 department or any of their employees, or to create a cause of 360 action when an authorized health insurer refuses to pay a claim 361 for reimbursement on the ground that the charge for a service 362 was unreasonably high or that the service provided was not 363 medically necessary. 364 (10)(7)In the absence of expressed language to the 365 contrary, this section shall not be construed to authorize a 366 civil action or create a cause of action against an authorized 367 insurer or its employees who, in good faith, release information 368 about an insured or an insurance policy to a law enforcement 369 agency in furtherance of an investigation of a criminal or 370 fraudulent act relating to a motor vehicle theft or a motor 371 vehicle insurance claim. 372 (11)(8)The civil remedy specified in this section does not 373 preempt any other remedy or cause of action provided for 374 pursuant to any other statute or pursuant to the common law of 375 this state. Any person may obtain a judgment under either the 376 common-law remedy of bad faith or this statutory remedy, but is 377 shall not be entitled to a judgment under both remedies. This 378 section does shall not be construed to create a common-law cause 379 of action. The damages recoverable pursuant to this section 380 shall include those damages which are a reasonably foreseeable 381 result of a specified violation of this section by the 382 authorized insurer and may include an award or judgment in an 383 amount that exceeds the policy limits. 384 (12)(9)A surety issuing a payment or performance bond on 385 the construction or maintenance of a building or roadway project 386 is not an insurer for purposes of subsection (1). 387 Section 4.Section 768.0427, Florida Statutes, is created 388 to read: 389 768.0427Admissibility of evidence to prove medical 390 expenses in personal injury or wrongful death actions; 391 disclosure of letters of protection; recovery of past and future 392 medical expenses damages. 393 (1)DEFINITIONS.As used in this section, the term: 394 (a)Factoring company means a person who purchases a 395 health care providers accounts receivable at a discount below 396 the invoice value of such accounts. 397 (b)Health care coverage means any third-party health 398 care or disability services financing arrangement, including, 399 but not limited to, arrangements with entities certified or 400 authorized under federal law or under the Florida Insurance 401 Code; state or federal health care benefit programs; workers 402 compensation; and personal injury protection. 403 (c)Health care provider means any of the following 404 professionals and entities, and professionals and entities 405 similarly licensed in another jurisdiction: 406 1.A provider as defined in s. 408.803. 407 2.A clinical laboratory providing services in this state 408 or services to health care providers in this state, if the 409 clinical laboratory is certified by the Centers for Medicare and 410 Medicaid Services under the federal Clinical Laboratory 411 Improvement Amendments and the federal rules adopted thereunder. 412 3.A federally qualified health center as defined in 42 413 U.S.C. s. 1396d(l)(2)(B), as that definition existed on the 414 effective date of this act. 415 4.A health care practitioner as defined in s. 456.001. 416 5.A health care professional licensed under part IV of 417 chapter 468. 418 6.A home health aide as defined in s. 400.462. 419 7.A provider licensed under chapter 394 or chapter 397 and 420 its clinical and nonclinical staff providing inpatient or 421 outpatient services. 422 8.A continuing care facility licensed under chapter 651. 423 9.A pharmacy permitted under chapter 465. 424 (d)Letter of Protection means any arrangement by which a 425 health care provider renders treatment in exchange for a promise 426 of payment for the claimants medical expenses from any judgment 427 or settlement of a personal injury or wrongful death action. The 428 term includes any such arrangement, regardless of whether 429 referred to as a letter of protection. 430 (2)ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE 431 EXPENSES.Evidence offered to prove the amount of damages for 432 past or future medical treatment or services in a personal 433 injury or wrongful death action is admissible only as provided 434 in this subsection. 435 (a)Evidence offered to prove the amount of damages for 436 past medical treatment or services that have been satisfied is 437 limited to evidence of the amount actually paid, regardless of 438 the source of payment. 439 (b)Evidence offered to prove the amount necessary to 440 satisfy unpaid charges for incurred medical treatment or 441 services is limited to evidence as provided in this paragraph. 442 1.If the claimant has health care coverage, evidence of 443 the amount which such health care coverage is obligated to pay 444 the health care provider to satisfy the charges for the 445 claimants incurred medical treatment or services, plus the 446 claimants share of medical expenses under the insurance 447 contract or regulation. 448 2.If the claimant has health care coverage but obtains 449 treatment under a letter of protection or otherwise does not 450 submit charges for any health care providers medical treatment 451 or services to health care coverage, evidence of the amount the 452 claimants health care coverage would pay the health care 453 provider to satisfy the past unpaid medical charges under the 454 insurance contract or regulation, plus the claimants share of 455 medical expenses under the insurance contract or regulation, had 456 the claimant obtained medical services or treatment pursuant to 457 the health care coverage. 458 3.If the claimant does not have health care coverage, 459 evidence of 120 percent of the Medicare reimbursement rate in 460 effect at the time of trial for the claimants incurred medical 461 treatment or services, or, if there is no applicable Medicare 462 rate for a service, 170 percent of the applicable state Medicaid 463 rate. 464 4.If the claimant obtains medical treatment or services 465 under a letter of protection and the health care provider 466 subsequently transfers the right to receive payment under the 467 letter of protection to a third party, evidence of the amount 468 the third party paid or agreed to pay the health care provider 469 in exchange for the right to receive payment pursuant to the 470 letter of protection. 471 5.Any evidence disclosed under subsection (3) related to a 472 letter of protection. 473 (c)Evidence offered to prove the amount of damages for any 474 future medical treatment or services the claimant will receive 475 is limited to evidence as provided in this paragraph. 476 1.If the claimant has health care coverage or is eligible 477 for any health care coverage, evidence of the amount for which 478 the future charges of health care providers could be satisfied 479 if submitted to such health care coverage, plus the claimants 480 share of medical expenses under the insurance contract or 481 regulation. 482 2.If the claimant does not have health care coverage, 483 evidence of 120 percent of the Medicare reimbursement rate in 484 effect at the time of trial for the medical treatment or 485 services the claimant will receive, or, if there is no 486 applicable Medicare rate for a service, 170 percent of the 487 applicable state Medicaid rate. 488 (d)This subsection does not impose an affirmative duty 489 upon any party to seek a reduction in billed charges to which 490 the party is not contractually entitled. 491 (e)Individual contracts between providers and authorized 492 commercial insurers or authorized health maintenance 493 organizations are not subject to discovery or disclosure and are 494 not admissible into evidence. 495 (3)LETTERS OF PROTECTION; REQUIRED DISCLOSURES.In a 496 personal injury or wrongful death action, as a condition 497 precedent to asserting any claim for medical expenses for 498 treatment rendered under a letter of protection, the claimant 499 must disclose: 500 (a)A copy of the letter of protection. 501 (b)All billings for the claimants medical expenses, which 502 must be itemized and, to the extent applicable, coded according 503 to the American Medical Associations Current Procedural 504 Terminology (CPT), or the Healthcare Common Procedure Coding 505 System (HCPCS), in effect for the year in which services are 506 rendered. 507 (c)If the health care provider sells the accounts 508 receivable for the claimants medical expenses to a factoring 509 company or other third party: 510 1.The name of the factoring company or other third party 511 who purchased such accounts. 512 2.The dollar amount for which the factoring company or 513 other third party purchased such accounts, including any 514 discount provided below the invoice amount. 515 (d)Whether the claimant, at the time medical treatment was 516 rendered, had health care coverage and, if so, the identity of 517 such coverage. 518 (e)Whether the claimant was referred for treatment under a 519 letter of protection and, if so, the identity of the person who 520 made the referral. If the referral is made by the claimants 521 attorney, disclosure of the referral is permitted, and evidence 522 of such referral is admissible notwithstanding any provision 523 within s. 90.502. Moreover, in such situation, the financial 524 relationship between a law firm and a medical provider, 525 including the number of referrals, frequency, and financial 526 benefit obtained, is relevant to the issue of the bias of a 527 testifying medical provider. 528 (4)DAMAGES RECOVERABLE FOR MEDICAL TREATMENT OR SERVICE 529 EXPENSES.The damages that may be recovered by a claimant in a 530 personal injury or wrongful death action for the reasonable and 531 necessary cost or value of medical care rendered may not include 532 any amount in excess of the evidence of medical treatment and 533 services expenses admitted pursuant to subsection (2), and also 534 may not exceed the sum of the following: 535 (a)Amounts actually paid by or on behalf of the claimant 536 to a health care provider who rendered medical treatment or 537 services; 538 (b)Amounts necessary to satisfy charges for medical 539 treatment or services that are due and owing but at the time of 540 trial are not yet satisfied; and 541 (c)Amounts necessary to provide for any reasonable and 542 necessary medical treatment or services the claimant will 543 receive in the future. 544 Section 5.Section 768.0701, Florida Statutes, is created 545 to read: 546 768.0701Premises liability for criminal acts of third 547 parties.Notwithstanding s. 768.81(4), in an action for damages 548 against the owner, lessor, operator, or manager of commercial or 549 real property brought by a person lawfully on the property who 550 was injured by the criminal act of a third party, the trier of 551 fact must consider the fault of all persons who contributed to 552 the injury. 553 Section 6.Subsection (1) of section 768.79, Florida 554 Statutes, is amended to read: 555 768.79Offer of judgment and demand for judgment. 556 (1)In any civil action for damages and in any civil action 557 involving an insurance contract filed in the courts of this 558 state, if a defendant files an offer of judgment which is not 559 accepted by the plaintiff within 30 days, the defendant shall be 560 entitled to recover reasonable costs and attorneys fees 561 incurred by her or him or on the defendants behalf pursuant to 562 a policy of liability insurance or other contract from the date 563 of filing of the offer if the judgment is one of no liability or 564 the judgment obtained by the plaintiff is at least 25 percent 565 less than such offer, and the court shall set off such costs and 566 attorneys fees against the award. Where such costs and 567 attorneys fees total more than the judgment, the court shall 568 enter judgment for the defendant against the plaintiff for the 569 amount of the costs and fees, less the amount of the plaintiffs 570 award. If a plaintiff files a demand for judgment which is not 571 accepted by the defendant within 30 days and the plaintiff 572 recovers a judgment in an amount at least 25 percent greater 573 than the offer, she or he shall be entitled to recover 574 reasonable costs and attorneys fees incurred from the date of 575 the filing of the demand. If rejected, neither an offer nor 576 demand is admissible in subsequent litigation, except for 577 pursuing the penalties of this section. 578 Section 7.Subsection (2) of section 768.81, Florida 579 Statutes, is amended, and subsection (6) is added to that 580 section, to read: 581 768.81Comparative fault. 582 (2)EFFECT OF CONTRIBUTORY FAULT.In a negligence action, 583 contributory fault chargeable to the claimant diminishes 584 proportionately the amount awarded as economic and noneconomic 585 damages for an injury attributable to the claimants 586 contributory fault, but does not bar recovery, subject to 587 subsection (6). 588 (6)GREATER PERCENTAGE OF FAULT.In a negligence action to 589 which this section applies, any party found to be greater than 590 50 percent at fault for his or her own harm may not recover any 591 damages. This subsection does not apply to an action for damages 592 for personal injury or wrongful death arising out of medical 593 negligence pursuant to chapter 766. 594 Section 8.Section 626.9373, Florida Statutes, is repealed. 595 Section 9.Section 627.428, Florida Statutes, is repealed. 596 Section 10.Subsection (4) of section 624.123, Florida 597 Statutes, is amended to read: 598 624.123Certain international health insurance policies; 599 exemption from code. 600 (4)Any international health insurance policy or 601 application solicited, provided, entered into, issued, or 602 delivered pursuant to this subsection is exempt from all 603 provisions of the insurance code, except that such policy, 604 contract, or agreement is subject to the provisions of ss. 605 624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521, 606 626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591, 607 626.9601, 627.413, 627.4145, 627.428, and 627.6043. 608 Section 11.Subsection (4) of section 624.488, Florida 609 Statutes, is amended to read: 610 624.488Applicability of related laws.In addition to other 611 provisions of the code cited in ss. 624.460-624.488: 612 (4)Sections 627.291, 627.413, 627.4132, 627.416, 627.418, 613 627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428, 614 627.702, and 627.706; part XI of chapter 627; ss. 627.912, 615 627.913, and 627.918; 616 617 apply to self-insurance funds. Only those sections of the code 618 that are expressly and specifically cited in ss. 624.460-624.489 619 apply to self-insurance funds. 620 Section 12.Paragraph (b) of subsection (3) of section 621 627.062, Florida Statutes, is amended to read: 622 627.062Rate standards. 623 (3) 624 (b)Individual risk rates and modifications to existing 625 approved forms are not subject to this part or part II, except 626 for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404, 627 627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132, 628 627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426, 629 627.4265, and 627.427, and 627.428, but are subject to all other 630 applicable provisions of this code and rules adopted thereunder. 631 Section 13.Section 627.401, Florida Statutes, is amended 632 to read: 633 627.401Scope of this part.No provision of this part of 634 this chapter applies to: 635 (1)Reinsurance. 636 (2)Policies or contracts not issued for delivery in this 637 state nor delivered in this state, except as otherwise provided 638 in this code. 639 (3)Wet marine and transportation insurance, except ss. 640 627.409 and, 627.420, and 627.428. 641 (4)Title insurance, except ss. 627.406, 627.415, 627.416, 642 627.419, and 627.427, and 627.428. 643 (5)Credit life or credit disability insurance, except s. 644 627.419(5) ss. 627.419(5) and 627.428. 645 Section 14.Subsection (8) of section 627.727, Florida 646 Statutes, is amended to read: 647 627.727Motor vehicle insurance; uninsured and underinsured 648 vehicle coverage; insolvent insurer protection. 649 (8)The provisions of s. 627.428 do not apply to any action 650 brought pursuant to this section against the uninsured motorist 651 insurer unless there is a dispute over whether the policy 652 provides coverage for an uninsured motorist proven to be liable 653 for the accident. 654 Section 15.Subsection (8) of section 627.736, Florida 655 Statutes, is amended to read: 656 627.736Required personal injury protection benefits; 657 exclusions; priority; claims. 658 (8)APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES. 659 With respect to any dispute under the provisions of ss. 627.730 660 627.7405 between the insured and the insurer, or between an 661 assignee of an insureds rights and the insurer, the provisions 662 of s. 768.79 ss. 627.428 and 768.79 apply, except as provided in 663 subsections (10) and (15), and except that any attorney fees 664 recovered must: 665 (a)Comply with prevailing professional standards; 666 (b)Not overstate or inflate the number of hours reasonably 667 necessary for a case of comparable skill or complexity; and 668 (c)Represent legal services that are reasonable and 669 necessary to achieve the result obtained. 670 671 Upon request by either party, a judge must make written 672 findings, substantiated by evidence presented at trial or any 673 hearings associated therewith, that any award of attorney fees 674 complies with this subsection. Notwithstanding s. 627.428, 675 Attorney fees recovered under ss. 627.730-627.7405 must be 676 calculated without regard to a contingency risk multiplier. 677 Section 16.Section 627.756, Florida Statutes, is amended 678 to read: 679 627.756Bonds for construction contracts; attorney fees in 680 case of suit. 681 (1)Section 627.428 applies to suits brought by owners, 682 contractors, subcontractors, laborers, and materialmen against a 683 surety insurer under payment or performance bonds written by the 684 insurer under the laws of this state to indemnify against 685 pecuniary loss by breach of a building or construction contract. 686 Owners, contractors, subcontractors, laborers, and materialmen 687 shall be deemed to be insureds or beneficiaries for the purposes 688 of this section. 689 (2)A surety who issues a bid, performance, or payment bond 690 in connection with construction activities where hazardous 691 substances exist or are discovered is liable under ss. 376.308 692 and 403.727 only to the extent provided in this section 693 subsection. In case of a default, the surety is liable only for 694 the cost of completion of the contract work in accordance with 695 the plans and specifications, less the balance of funds 696 remaining to be paid under the contract, up to the penal sum of 697 the bond. The surety is not liable on a bond to indemnify or 698 compensate the obligee for loss or liability arising from 699 personal injury or property damage, whether or not caused by a 700 breach of the bonded contract. Further, a right of action does 701 not accrue on a bond to or for the use of any person other than 702 the obligee named in the bond. 703 Section 17.Subsection (4) of section 628.6016, Florida 704 Statutes, is amended to read: 705 628.6016Applicability of related laws.In addition to 706 other provisions of the code cited in ss. 628.6011-628.6018: 707 (4)Sections 627.291, 627.413, 627.4132, 627.416, 627.418, 708 627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428, 709 627.702, and 627.706; part XI of chapter 627; ss. 627.912, 710 627.913, and 627.918; and 711 712 apply to assessable mutual insurers; however, ss. 628.255, 713 628.411, and 628.421 do not apply. No section of the code not 714 expressly and specifically cited in ss. 628.6011-628.6018 715 applies to assessable mutual insurers. The term assessable 716 mutual insurer shall be substituted for the term commercial 717 self-insurer as appropriate. 718 Section 18.Section 631.70, Florida Statutes, is repealed. 719 Section 19.Section 631.926, Florida Statutes, is repealed. 720 Section 20.Paragraphs (a) and (j) of subsection (1) of 721 section 475.01, Florida Statutes, are amended to read: 722 475.01Definitions. 723 (1)As used in this part: 724 (a)Broker means a person who, for another, and for a 725 compensation or valuable consideration directly or indirectly 726 paid or promised, expressly or impliedly, or with an intent to 727 collect or receive a compensation or valuable consideration 728 therefor, appraises, auctions, sells, exchanges, buys, rents, or 729 offers, attempts or agrees to appraise, auction, or negotiate 730 the sale, exchange, purchase, or rental of business enterprises 731 or business opportunities or any real property or any interest 732 in or concerning the same, including mineral rights or leases, 733 or who advertises or holds out to the public by any oral or 734 printed solicitation or representation that she or he is engaged 735 in the business of appraising, auctioning, buying, selling, 736 exchanging, leasing, or renting business enterprises or business 737 opportunities or real property of others or interests therein, 738 including mineral rights, or who takes any part in the procuring 739 of sellers, purchasers, lessors, or lessees of business 740 enterprises or business opportunities or the real property of 741 another, or leases, or interest therein, including mineral 742 rights, or who directs or assists in the procuring of prospects 743 or in the negotiation or closing of any transaction which does, 744 or is calculated to, result in a sale, exchange, or leasing 745 thereof, and who receives, expects, or is promised any 746 compensation or valuable consideration, directly or indirectly 747 therefor; and all persons who advertise rental property 748 information or lists. A broker renders a professional service 749 and is a professional within the meaning of s. 95.11(4)(b) s. 750 95.11(4)(a). Where the term appraise or appraising appears 751 in the definition of the term broker, it specifically excludes 752 those appraisal services which must be performed only by a 753 state-licensed or state-certified appraiser, and those appraisal 754 services which may be performed by a registered trainee 755 appraiser as defined in part II. The term broker also includes 756 any person who is a general partner, officer, or director of a 757 partnership or corporation which acts as a broker. The term 758 broker also includes any person or entity who undertakes to 759 list or sell one or more timeshare periods per year in one or 760 more timeshare plans on behalf of any number of persons, except 761 as provided in ss. 475.011 and 721.20. 762 (j)Sales associate means a person who performs any act 763 specified in the definition of broker, but who performs such 764 act under the direction, control, or management of another 765 person. A sales associate renders a professional service and is 766 a professional within the meaning of s. 95.11(4)(b) s. 767 95.11(4)(a). 768 Section 21.Paragraph (h) of subsection (1) of section 769 475.611, Florida Statutes, is amended to read: 770 475.611Definitions. 771 (1)As used in this part, the term: 772 (h)Appraiser means any person who is a registered 773 trainee real estate appraiser, a licensed real estate appraiser, 774 or a certified real estate appraiser. An appraiser renders a 775 professional service and is a professional within the meaning of 776 s. 95.11(4)(b) s. 95.11(4)(a). 777 Section 22.Subsection (7) of section 517.191, Florida 778 Statutes, is amended to read: 779 517.191Injunction to restrain violations; civil penalties; 780 enforcement by Attorney General. 781 (7)Notwithstanding s. 95.11(4)(f) s. 95.11(4)(e), an 782 enforcement action brought under this section based on a 783 violation of any provision of this chapter or any rule or order 784 issued under this chapter shall be brought within 6 years after 785 the facts giving rise to the cause of action were discovered or 786 should have been discovered with the exercise of due diligence, 787 but not more than 8 years after the date such violation 788 occurred. 789 Section 23.Subsection (2) of section 627.441, Florida 790 Statutes, is amended to read: 791 627.441Commercial general liability policies; coverage to 792 contractors for completed operations. 793 (2)A liability insurer must offer coverage at an 794 appropriate additional premium for liability arising out of 795 current or completed operations under an owner-controlled 796 insurance program for any period beyond the period for which the 797 program provides liability coverage, as specified in s. 798 255.0517(2)(b). The period of such coverage must be sufficient 799 to protect against liability arising out of an action brought 800 within the time limits provided in s. 95.11(3)(b) s. 801 95.11(3)(c). 802 Section 24.Subsection (11) of section 632.638, Florida 803 Statutes, is amended to read: 804 632.638Applicability of other code provisions.In addition 805 to other provisions contained or referred to in this chapter, 806 the following chapters and provisions of this code apply to 807 fraternal benefit societies, to the extent applicable and not in 808 conflict with the express provisions of this chapter and the 809 reasonable implications thereof: 810 (11)Section 627.428; 811 Section 25.The Division of Law Revision is directed to 812 replace the phrase the effective date of this act wherever it 813 occurs in this act with the date this act becomes a law. 814 Section 26.Section 2 of this act shall take effect upon 815 becoming a law and shall apply to causes of action accruing on 816 or after the effective date of this act. The remaining sections 817 of this act shall take effect upon becoming a law and shall 818 apply to causes of action filed on or after that date.