Florida Senate - 2023 CS for CS for SB 236 By the Committees on Fiscal Policy; and Banking and Insurance; and Senator Hutson 594-02670-23 2023236c2 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 creating s. 86.121, F.S.; authorizing a court to award 7 attorney fees in certain declaratory actions; 8 prohibiting the transfer, assignment, or acquisition 9 of the right to such attorney fees except by specified 10 persons; amending s. 95.11, F.S.; reducing the statute 11 of limitations for negligence actions; providing 12 applicability of certain provisions to actions 13 involving servicemembers; amending s. 624.155, F.S.; 14 providing standards for bad faith actions; providing 15 for the distribution of proceeds when two or more 16 third-party claims arising out of a single occurrence 17 exceed policy limits; creating s. 624.1552, F.S.; 18 providing for applicability of specified offer of 19 judgment provisions to civil actions involving 20 insurance contracts; creating s. 768.0427, F.S.; 21 providing definitions; providing standards for the 22 admissibility of evidence to prove the cost of damages 23 for medical expenses in certain civil actions; 24 requiring certain disclosures with respect to claims 25 for medical expenses for treatment rendered under 26 letters of protection; specifying the damages that may 27 be recovered by a claimant for the reasonable and 28 necessary cost of medical care; creating s. 768.0701, 29 F.S.; requiring the trier of fact to consider the 30 fault of certain persons who contribute to an injury; 31 creating s. 768.0706, F.S.; providing definitions; 32 providing that the owner or principal operator of a 33 multifamily residential property which substantially 34 implements specified security measures on that 35 property has a presumption against liability for 36 negligence in connection with certain criminal acts 37 that occur on the premises; requiring the Florida 38 Crime Prevention Training Institute of the Department 39 of Legal Affairs to develop a proposed curriculum or 40 best practices for owners or principal operators; 41 providing construction; amending s. 768.81, F.S.; 42 providing that a party in a negligence action who is 43 at fault by a specified amount may not recover damages 44 under a comparative negligence action; providing 45 applicability; repealing ss. 626.9373 and 627.428, 46 F.S., relating to attorney fees awarded against 47 surplus lines insurers and insurers, respectively; 48 amending s. 627.756, F.S.; providing for the award of 49 costs and attorney fees in certain actions; amending 50 ss. 475.01, 475.611, 517.191, 624.123, 624.488, 51 627.062, 627.401, 627.441, 627.727, 627.736, and 52 628.6016, F.S.; conforming provisions to changes made 53 by the act; repealing ss. 631.70 and 631.926, F.S., 54 relating to attorney fees; amending s. 632.638, F.S.; 55 conforming provisions to changes made by the act; 56 providing a directive to the Division of Law Revision; 57 providing applicability and construction; providing an 58 effective date. 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1.Section 57.104, Florida Statutes, is amended to 63 read: 64 57.104Computation of attorney attorneys fees. 65 (1)In any action in which attorney attorneys fees are to 66 be determined or awarded by the court, the court shall consider, 67 among other things, time and labor of any legal assistants who 68 contributed nonclerical, meaningful legal support to the matter 69 involved and who are working under the supervision of an 70 attorney. For purposes of this section legal assistant means a 71 person, who under the supervision and direction of a licensed 72 attorney engages in legal research, and case development or 73 planning in relation to modifications or initial proceedings, 74 services, processes, or applications; or who prepares or 75 interprets legal documents or selects, compiles, and uses 76 technical information from references such as digests, 77 encyclopedias, or practice manuals and analyzes and follows 78 procedural problems that involve independent decisions. 79 (2)In any action in which attorney fees are determined or 80 awarded by the court, there is a strong presumption that a 81 lodestar fee is sufficient and reasonable. This presumption may 82 be overcome only in a rare and exceptional circumstance with 83 evidence that competent counsel could not otherwise be retained. 84 Section 2.Section 86.121, Florida Statutes, is created to 85 read: 86 86.121Attorney fees; actions for declaratory relief to 87 determine insurance coverage after total coverage denial of 88 claim. 89 (1)In an action brought for declaratory relief in state or 90 federal court to determine insurance coverage after the insurer 91 has made a total coverage denial of a claim: 92 (a)Either party is entitled to the summary procedure 93 provided in s. 51.011, and the court shall advance the cause on 94 the calendar. 95 (b)The court shall award reasonable attorney fees to the 96 named insured, omnibus insured, or named beneficiary under a 97 policy issued by the insurer upon rendition of a declaratory 98 judgment in favor of the named insured, omnibus insured, or 99 named beneficiary. This right may not be transferred to, 100 assigned to, or acquired in any other manner by anyone other 101 than a named or omnibus insured or a named beneficiary. A 102 defense offered by an insurer pursuant to a reservation of 103 rights does not constitute a coverage denial of a claim. Such 104 fees are limited to those incurred in the action brought under 105 this chapter for declaratory relief to determine coverage of 106 insurance issued under the Florida Insurance Code. 107 (2)This section does not apply to any action arising under 108 a residential or commercial property insurance policy. 109 Section 3.Subsections (3), (4), and (10) of section 95.11, 110 Florida Statutes, are amended, and subsection (12) is added to 111 that section, to read: 112 95.11Limitations other than for the recovery of real 113 property.Actions other than for recovery of real property shall 114 be commenced as follows: 115 (3)WITHIN FOUR YEARS. 116 (a)An action founded on negligence. 117 (a)(b)An action relating to the determination of 118 paternity, with the time running from the date the child reaches 119 the age of majority. 120 (b)(c)An action founded on the design, planning, or 121 construction of an improvement to real property, with the time 122 running from the date of actual possession by the owner, the 123 date of the issuance of a certificate of occupancy, the date of 124 abandonment of construction if not completed, or the date of 125 completion of the contract or termination of the contract 126 between the professional engineer, registered architect, or 127 licensed contractor and his or her employer, whichever date is 128 latest; except that, when the action involves a latent defect, 129 the time runs from the time the defect is discovered or should 130 have been discovered with the exercise of due diligence. In any 131 event, the action must be commenced within 10 years after the 132 date of actual possession by the owner, the date of the issuance 133 of a certificate of occupancy, the date of abandonment of 134 construction if not completed, or the date of completion of the 135 contract or termination of the contract between the professional 136 engineer, registered architect, or licensed contractor and his 137 or her employer, whichever date is latest. However, 138 counterclaims, cross-claims, and third-party claims that arise 139 out of the conduct, transaction, or occurrence set out or 140 attempted to be set out in a pleading may be commenced up to 1 141 year after the pleading to which such claims relate is served, 142 even if such claims would otherwise be time barred. With respect 143 to actions founded on the design, planning, or construction of 144 an improvement to real property, if such construction is 145 performed pursuant to a duly issued building permit and if a 146 local enforcement agency, state enforcement agency, or special 147 inspector, as those terms are defined in s. 553.71, has issued a 148 final certificate of occupancy or certificate of completion, 149 then as to the construction which is within the scope of such 150 building permit and certificate, the correction of defects to 151 completed work or repair of completed work, whether performed 152 under warranty or otherwise, does not extend the period of time 153 within which an action must be commenced. Completion of the 154 contract means the later of the date of final performance of all 155 the contracted services or the date that final payment for such 156 services becomes due without regard to the date final payment is 157 made. 158 (c)(d)An action to recover public money or property held 159 by a public officer or employee, or former public officer or 160 employee, and obtained during, or as a result of, his or her 161 public office or employment. 162 (d)(e)An action for injury to a person founded on the 163 design, manufacture, distribution, or sale of personal property 164 that is not permanently incorporated in an improvement to real 165 property, including fixtures. 166 (e)(f)An action founded on a statutory liability. 167 (f)(g)An action for trespass on real property. 168 (g)(h)An action for taking, detaining, or injuring 169 personal property. 170 (h)(i)An action to recover specific personal property. 171 (i)(j)A legal or equitable action founded on fraud. 172 (j)(k)A legal or equitable action on a contract, 173 obligation, or liability not founded on a written instrument, 174 including an action for the sale and delivery of goods, wares, 175 and merchandise, and on store accounts. 176 (k)(l)An action to rescind a contract. 177 (l)(m)An action for money paid to any governmental 178 authority by mistake or inadvertence. 179 (m)(n)An action for a statutory penalty or forfeiture. 180 (n)(o)An action for assault, battery, false arrest, 181 malicious prosecution, malicious interference, false 182 imprisonment, or any other intentional tort, except as provided 183 in subsections (4), (5), and (7). 184 (o)(p)Any action not specifically provided for in these 185 statutes. 186 (p)(q)An action alleging a violation, other than a willful 187 violation, of s. 448.110. 188 (4)WITHIN TWO YEARS. 189 (a)An action founded on negligence. 190 (b)(a)An action for professional malpractice, other than 191 medical malpractice, whether founded on contract or tort; 192 provided that the period of limitations shall run from the time 193 the cause of action is discovered or should have been discovered 194 with the exercise of due diligence. However, the limitation of 195 actions herein for professional malpractice shall be limited to 196 persons in privity with the professional. 197 (c)(b)An action for medical malpractice shall be commenced 198 within 2 years from the time the incident giving rise to the 199 action occurred or within 2 years from the time the incident is 200 discovered, or should have been discovered with the exercise of 201 due diligence; however, in no event shall the action be 202 commenced later than 4 years from the date of the incident or 203 occurrence out of which the cause of action accrued, except that 204 this 4-year period shall not bar an action brought on behalf of 205 a minor on or before the childs eighth birthday. An action for 206 medical malpractice is defined as a claim in tort or in 207 contract for damages because of the death, injury, or monetary 208 loss to any person arising out of any medical, dental, or 209 surgical diagnosis, treatment, or care by any provider of health 210 care. The limitation of actions within this subsection shall be 211 limited to the health care provider and persons in privity with 212 the provider of health care. In those actions covered by this 213 paragraph in which it can be shown that fraud, concealment, or 214 intentional misrepresentation of fact prevented the discovery of 215 the injury the period of limitations is extended forward 2 years 216 from the time that the injury is discovered or should have been 217 discovered with the exercise of due diligence, but in no event 218 to exceed 7 years from the date the incident giving rise to the 219 injury occurred, except that this 7-year period shall not bar an 220 action brought on behalf of a minor on or before the childs 221 eighth birthday. This paragraph shall not apply to actions for 222 which ss. 766.301-766.316 provide the exclusive remedy. 223 (d)(c)An action to recover wages or overtime or damages or 224 penalties concerning payment of wages and overtime. 225 (e)(d)An action for wrongful death. 226 (f)(e)An action founded upon a violation of any provision 227 of chapter 517, with the period running from the time the facts 228 giving rise to the cause of action were discovered or should 229 have been discovered with the exercise of due diligence, but not 230 more than 5 years from the date such violation occurred. 231 (g)(f)An action for personal injury caused by contact with 232 or exposure to phenoxy herbicides while serving either as a 233 civilian or as a member of the Armed Forces of the United States 234 during the period January 1, 1962, through May 7, 1975; the 235 period of limitations shall run from the time the cause of 236 action is discovered or should have been discovered with the 237 exercise of due diligence. 238 (h)(g)An action for libel or slander. 239 (10)FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS 240 DESCRIBED IN S. 782.04 OR S. 782.07.Notwithstanding paragraph 241 (4)(e) (4)(d), an action for wrongful death seeking damages 242 authorized under s. 768.21 brought against a natural person for 243 an intentional tort resulting in death from acts described in s. 244 782.04 or s. 782.07 may be commenced at any time. This 245 subsection shall not be construed to require an arrest, the 246 filing of formal criminal charges, or a conviction for a 247 violation of s. 782.04 or s. 782.07 as a condition for filing a 248 civil action. 249 (12)FOR ACTIONS INVOLVING SERVICEMEMBERS.Any action 250 involving a servicemember as defined in s. 250.01, in which the 251 servicemember is a party, is subject to s. 250.5201 and part IV 252 of chapter 250, which includes the Servicemembers Civil Relief 253 Act, 50 U.S.C. ss. 501 et seq., providing for protections to 254 members of the United States Armed Forces, the United States 255 Reserve Forces, or the National Guard during terms of federal or 256 state active duty which materially affect the servicemembers 257 ability to appear. 258 Section 4.Section 624.155, Florida Statutes, is amended to 259 read: 260 624.155Civil remedy. 261 (1)Any person may bring a civil action against an insurer 262 when such person is damaged: 263 (a)By a violation of any of the following provisions by 264 the insurer: 265 1.Section 626.9541(1)(i), (o), or (x); 266 2.Section 626.9551; 267 3.Section 626.9705; 268 4.Section 626.9706; 269 5.Section 626.9707; or 270 6.Section 627.7283. 271 (b)By the commission of any of the following acts by the 272 insurer: 273 1.Not attempting in good faith to settle claims when, 274 under all the circumstances, it could and should have done so, 275 had it acted fairly and honestly toward its insured and with due 276 regard for her or his interests; 277 2.Making claims payments to insureds or beneficiaries not 278 accompanied by a statement setting forth the coverage under 279 which payments are being made; or 280 3.Except as to liability coverages, failing to promptly 281 settle claims, when the obligation to settle a claim has become 282 reasonably clear, under one portion of the insurance policy 283 coverage in order to influence settlements under other portions 284 of the insurance policy coverage. 285 286 Notwithstanding the provisions of the above to the contrary, a 287 person pursuing a remedy under this section need not prove that 288 such act was committed or performed with such frequency as to 289 indicate a general business practice. 290 (2)Any party may bring a civil action against an 291 unauthorized insurer if such party is damaged by a violation of 292 s. 624.401 by the unauthorized insurer. 293 (3)(a)As a condition precedent to bringing an action under 294 this section, the department and the authorized insurer must 295 have been given 60 days written notice of the violation. Notice 296 to the authorized insurer must be provided by the department to 297 the e-mail address designated by the insurer under s. 624.422. 298 (b)The notice shall be on a form provided by the 299 department and shall state with specificity the following 300 information, and such other information as the department may 301 require: 302 1.The statutory provision, including the specific language 303 of the statute, which the authorized insurer allegedly violated. 304 2.The facts and circumstances giving rise to the 305 violation. 306 3.The name of any individual involved in the violation. 307 4.Reference to specific policy language that is relevant 308 to the violation, if any. If the person bringing the civil 309 action is a third party claimant, she or he shall not be 310 required to reference the specific policy language if the 311 authorized insurer has not provided a copy of the policy to the 312 third party claimant pursuant to written request. 313 5.A statement that the notice is given in order to perfect 314 the right to pursue the civil remedy authorized by this section. 315 (c)No action shall lie if, within 60 days after the 316 insurer receives notice from the department in accordance with 317 this subsection, the damages are paid or the circumstances 318 giving rise to the violation are corrected. 319 (d)The authorized insurer that is the recipient of a 320 notice filed pursuant to this section shall report to the 321 department on the disposition of the alleged violation. 322 (e)The applicable statute of limitations for an action 323 under this section shall be tolled for a period of: 324 1.Sixty days after the insurer receives from the 325 department the notice required by this subsection. 326 2.Sixty days after the date appraisal is invoked pursuant 327 to paragraph (f). 328 (f)A notice required under this subsection may not be 329 filed within 60 days after appraisal is invoked by any party in 330 a residential property insurance claim. 331 (4)(a)An action for bad faith involving a liability 332 insurance claim, including any such action brought under the 333 common law, shall not lie if the insurer tenders the lesser of 334 the policy limits or the amount demanded by the claimant within 335 90 days after receiving actual notice of a claim which is 336 accompanied by sufficient evidence to support the amount of the 337 claim. 338 (b)If an insurer does not tender the lesser of the policy 339 limits or the amount demanded by the claimant within the 90-day 340 period provided in paragraph (a), the existence of the 90-day 341 period and that no bad faith action could lie had the insurer 342 tendered the lesser of policy limits or the amount demanded by 343 the claimant pursuant to paragraph (a) is inadmissible in any 344 action seeking to establish bad faith on the part of the 345 insurer. 346 (c)If the insurer fails to tender pursuant to paragraph 347 (a) within the 90-day period, any applicable statute of 348 limitations is extended for an additional 90 days. 349 (5)In any bad faith action, whether such action is brought 350 under this section or is based on the common-law remedy for bad 351 faith: 352 (a)Mere negligence alone is insufficient to constitute bad 353 faith. 354 (b)1.The insured, claimant, and representative of the 355 insured or claimant have a duty to act in good faith in 356 furnishing information regarding the claim, in making demands of 357 the insurer, in setting deadlines, and in attempting to settle 358 the claim. This duty does not create a separate cause of action, 359 but may only be considered pursuant to subparagraph 2. 360 2.In any action for bad faith against an insurer, the 361 trier of fact may consider whether the insured, claimant, or 362 representative of the insured or claimant did not act in good 363 faith pursuant to this paragraph, in which case the trier of 364 fact may reasonably reduce the amount of damages awarded against 365 the insurer. 366 (6)If two or more third-party claimants have competing 367 claims arising out of a single occurrence, which in total may 368 exceed the available policy limits of one or more of the insured 369 parties who may be liable to the third-party claimants, an 370 insurer is not liable beyond the available policy limits for 371 failure to pay all or any portion of the available policy limits 372 to one or more of the third-party claimants if, within 90 days 373 after receiving notice of the competing claims in excess of the 374 available policy limits, the insurer complies with either 375 paragraph (a) or paragraph (b). 376 (a)The insurer files an interpleader action under the 377 Florida Rules of Civil Procedure. If the claims of the competing 378 third-party claimants are found to be in excess of the policy 379 limits, the third-party claimants are entitled to a prorated 380 share of the policy limits as determined by the trier of fact. 381 An insurers interpleader action does not alter or amend the 382 insurers obligation to defend its insured. 383 (b)Pursuant to binding arbitration that has been agreed to 384 by the insurer and the third-party claimants, the insurer makes 385 the entire amount of the policy limits available for payment to 386 the competing third-party claimants before a qualified 387 arbitrator agreed to by the insurer and such third-party 388 claimants at the expense of the insurer. The third-party 389 claimants are entitled to a prorated share of the policy limits 390 as determined by the arbitrator, who must consider the 391 comparative fault, if any, of each third-party claimant, and the 392 total likely outcome at trial based upon the total of the 393 economic and noneconomic damages submitted to the arbitrator for 394 consideration. A third-party claimant whose claim is resolved by 395 the arbitrator must execute and deliver a general release to the 396 insured party whose claim is resolved by the proceeding. 397 (7)(4)Upon adverse adjudication at trial or upon appeal, 398 the authorized insurer shall be liable for damages, together 399 with court costs and reasonable attorney attorneys fees 400 incurred by the plaintiff. 401 (8)(5)No Punitive damages may not shall be awarded under 402 this section unless the acts giving rise to the violation occur 403 with such frequency as to indicate a general business practice 404 and these acts are: 405 (a)Willful, wanton, and malicious; 406 (b)In reckless disregard for the rights of any insured; or 407 (c)In reckless disregard for the rights of a beneficiary 408 under a life insurance contract. 409 410 Any person who pursues a claim under this subsection shall post 411 in advance the costs of discovery. Such costs shall be awarded 412 to the authorized insurer if no punitive damages are awarded to 413 the plaintiff. 414 (9)(6)This section does shall not be construed to 415 authorize a class action suit against an authorized insurer or a 416 civil action against the commission, the office, or the 417 department or any of their employees, or to create a cause of 418 action when an authorized health insurer refuses to pay a claim 419 for reimbursement on the ground that the charge for a service 420 was unreasonably high or that the service provided was not 421 medically necessary. 422 (10)(7)In the absence of expressed language to the 423 contrary, this section shall not be construed to authorize a 424 civil action or create a cause of action against an authorized 425 insurer or its employees who, in good faith, release information 426 about an insured or an insurance policy to a law enforcement 427 agency in furtherance of an investigation of a criminal or 428 fraudulent act relating to a motor vehicle theft or a motor 429 vehicle insurance claim. 430 (11)(8)The civil remedy specified in this section does not 431 preempt any other remedy or cause of action provided for 432 pursuant to any other statute or pursuant to the common law of 433 this state. Any person may obtain a judgment under either the 434 common-law remedy of bad faith or this statutory remedy, but is 435 shall not be entitled to a judgment under both remedies. This 436 section does shall not be construed to create a common-law cause 437 of action. The damages recoverable pursuant to this section 438 shall include those damages which are a reasonably foreseeable 439 result of a specified violation of this section by the 440 authorized insurer and may include an award or judgment in an 441 amount that exceeds the policy limits. 442 (12)(9)A surety issuing a payment or performance bond on 443 the construction or maintenance of a building or roadway project 444 is not an insurer for purposes of subsection (1). 445 Section 5.Section 624.1552, Florida Statutes, is created 446 to read: 447 624.1552Civil actions involving an insurance contract; 448 applicability of offer of judgment provisions.The provisions of 449 s. 768.79 apply to any civil action involving an insurance 450 contract. 451 Section 6.Section 768.0427, Florida Statutes, is created 452 to read: 453 768.0427Admissibility of evidence to prove medical 454 expenses in personal injury or wrongful death actions; 455 disclosure of letters of protection; recovery of past and future 456 medical expenses damages. 457 (1)DEFINITIONS.As used in this section, the term: 458 (a)Factoring company means a person who purchases a 459 health care providers accounts receivable at a discount below 460 the invoice value of such accounts. 461 (b)Health care coverage means any third-party health 462 care or disability services financing arrangement, including, 463 but not limited to, arrangements with entities certified or 464 authorized under federal law or under the Florida Insurance 465 Code; state or federal health care benefit programs; workers 466 compensation; and personal injury protection. 467 (c)Health care provider means any of the following 468 professionals and entities, and professionals and entities 469 similarly licensed in another jurisdiction: 470 1.A provider as defined in s. 408.803. 471 2.A clinical laboratory providing services in this state 472 or services to health care providers in this state, if the 473 clinical laboratory is certified by the Centers for Medicare and 474 Medicaid Services under the federal Clinical Laboratory 475 Improvement Amendments and the federal rules adopted thereunder. 476 3.A federally qualified health center as defined in 42 477 U.S.C. s. 1396d(l)(2)(B), as that definition existed on the 478 effective date of this act. 479 4.A health care practitioner as defined in s. 456.001. 480 5.A health care professional licensed under part IV of 481 chapter 468. 482 6.A home health aide as defined in s. 400.462. 483 7.A provider licensed under chapter 394 or chapter 397 and 484 its clinical and nonclinical staff providing inpatient or 485 outpatient services. 486 8.A continuing care facility licensed under chapter 651. 487 9.A pharmacy permitted under chapter 465. 488 (d)Letter of protection means any arrangement by which a 489 health care provider renders treatment in exchange for a promise 490 of payment for the claimants medical expenses from any judgment 491 or settlement of a personal injury or wrongful death action. The 492 term includes any such arrangement, regardless of whether 493 referred to as a letter of protection. 494 (2)ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE 495 EXPENSES.Evidence offered to prove the amount of damages for 496 past or future medical treatment or services in a personal 497 injury or wrongful death action is admissible as provided in 498 this subsection. 499 (a)Evidence offered to prove the amount of damages for 500 past medical treatment or services that have been satisfied is 501 limited to evidence of the amount actually paid, regardless of 502 the source of payment. 503 (b)Evidence offered to prove the amount necessary to 504 satisfy unpaid charges for incurred medical treatment or 505 services shall include, but is not limited to, evidence as 506 provided in this paragraph. 507 1.If the claimant has health care coverage other than 508 Medicare or Medicaid, evidence of the amount which such health 509 care coverage is obligated to pay the health care provider to 510 satisfy the charges for the claimants incurred medical 511 treatment or services, plus the claimants share of medical 512 expenses under the insurance contract or regulation. 513 2.If the claimant has health care coverage but obtains 514 treatment under a letter of protection or otherwise does not 515 submit charges for any health care providers medical treatment 516 or services to health care coverage, evidence of the amount the 517 claimants health care coverage would pay the health care 518 provider to satisfy the past unpaid medical charges under the 519 insurance contract or regulation, plus the claimants share of 520 medical expenses under the insurance contract or regulation, had 521 the claimant obtained medical services or treatment pursuant to 522 the health care coverage. 523 3.If the claimant does not have health care coverage or 524 has health care coverage through Medicare or Medicaid, evidence 525 of 120 percent of the Medicare reimbursement rate in effect on 526 the date of the claimants incurred medical treatment or 527 services, or, if there is no applicable Medicare rate for a 528 service, 170 percent of the applicable state Medicaid rate. 529 4.If the claimant obtains medical treatment or services 530 under a letter of protection and the health care provider 531 subsequently transfers the right to receive payment under the 532 letter of protection to a third party, evidence of the amount 533 the third party paid or agreed to pay the health care provider 534 in exchange for the right to receive payment pursuant to the 535 letter of protection. 536 5.Any evidence of reasonable amounts billed to the 537 claimant for medically necessary treatment or medically 538 necessary services provided to the claimant. 539 (c)Evidence offered to prove the amount of damages for any 540 future medical treatment or services the claimant will receive 541 shall include, but is not limited to, evidence as provided in 542 this paragraph. 543 1.If the claimant has health care coverage other than 544 Medicare or Medicaid, or is eligible for any such health care 545 coverage, evidence of the amount for which the future charges of 546 health care providers could be satisfied if submitted to such 547 health care coverage, plus the claimants share of medical 548 expenses under the insurance contract or regulation. 549 2.If the claimant does not have health care coverage or 550 has health care coverage through Medicare or Medicaid, or is 551 eligible for such health care coverage, evidence of 120 percent 552 of the Medicare reimbursement rate in effect at the time of 553 trial for the medical treatment or services the claimant will 554 receive, or, if there is no applicable Medicare rate for a 555 service, 170 percent of the applicable state Medicaid rate. 556 3.Any evidence of reasonable future amounts to be billed 557 to the claimant for medically necessary treatment or medically 558 necessary services. 559 (d)This subsection does not impose an affirmative duty 560 upon any party to seek a reduction in billed charges to which 561 the party is not contractually entitled. 562 (e)Individual contracts between providers and authorized 563 commercial insurers or authorized health maintenance 564 organizations are not subject to discovery or disclosure and are 565 not admissible into evidence. 566 (3)LETTERS OF PROTECTION; REQUIRED DISCLOSURES.In a 567 personal injury or wrongful death action, as a condition 568 precedent to asserting any claim for medical expenses for 569 treatment rendered under a letter of protection, the claimant 570 must disclose: 571 (a)A copy of the letter of protection. 572 (b)All billings for the claimants medical expenses, which 573 must be itemized and, to the extent applicable, coded according 574 to: 575 1.For health care providers billing at the provider level, 576 the American Medical Associations Current Procedural 577 Terminology (CPT), or the Healthcare Common Procedure Coding 578 System (HCPCS), in effect on the date the services were 579 rendered. 580 2.For health care providers billing at the facility level 581 for expenses incurred in a clinical or outpatient setting, 582 including when billing through an Ambulatory Payment 583 Classification (APC) or Enhanced Ambulatory Patient Grouping 584 (EAPG), the International Classification of Diseases (ICD) 585 diagnosis code and, if applicable, the American Medical 586 Associations Current Procedural Terminology (CPT), in effect on 587 the date the services were rendered. 588 3.For health care providers billing at the facility level 589 for expenses incurred in an inpatient setting, including when 590 billing through a Diagnosis Related Group (DRG), the 591 International Classification of Diseases (ICD) diagnosis and 592 procedure codes in effect on the date in which the claimant is 593 discharged. 594 (c)If the health care provider sells the accounts 595 receivable for the claimants medical expenses to a factoring 596 company or other third party: 597 1.The name of the factoring company or other third party 598 who purchased such accounts. 599 2.The dollar amount for which the factoring company or 600 other third party purchased such accounts, including any 601 discount provided below the invoice amount. 602 (d)Whether the claimant, at the time medical treatment was 603 rendered, had health care coverage and, if so, the identity of 604 such coverage. 605 (e)Whether the claimant was referred for treatment under a 606 letter of protection and, if so, the identity of the person who 607 made the referral. If the referral is made by the claimants 608 attorney, disclosure of the referral is permitted, and evidence 609 of such referral is admissible notwithstanding s. 90.502. 610 Moreover, in such situation, the financial relationship between 611 a law firm and a medical provider, including the number of 612 referrals, frequency, and financial benefit obtained, is 613 relevant to the issue of the bias of a testifying medical 614 provider. 615 (4)DAMAGES RECOVERABLE FOR MEDICAL TREATMENT OR SERVICE 616 EXPENSES.The damages that may be recovered by a claimant in a 617 personal injury or wrongful death action for the reasonable and 618 necessary cost or value of medical care rendered may not include 619 any amount in excess of the evidence of medical treatment and 620 services expenses admitted pursuant to subsection (2), and also 621 may not exceed the sum of the following: 622 (a)Amounts actually paid by or on behalf of the claimant 623 to a health care provider who rendered medical treatment or 624 services; 625 (b)Amounts necessary to satisfy charges for medical 626 treatment or services that are due and owing but at the time of 627 trial are not yet satisfied; and 628 (c)Amounts necessary to provide for any reasonable and 629 necessary medical treatment or services the claimant will 630 receive in the future. 631 Section 7.Section 768.0701, Florida Statutes, is created 632 to read: 633 768.0701Premises liability for criminal acts of third 634 parties.Notwithstanding s. 768.81(4), in an action for damages 635 against the owner, lessor, operator, or manager of commercial or 636 real property brought by a person lawfully on the property who 637 was injured by the criminal act of a third party, the trier of 638 fact must consider the fault of all persons who contributed to 639 the injury. 640 Section 8.Section 768.0706, Florida Statutes, is created 641 to read: 642 768.0706Multifamily residential property safety and 643 security; presumption against liability. 644 (1)As used in this section, the term: 645 (a)Crime prevention through environmental design has the 646 same meaning as in s. 163.503(6). 647 (b)Multifamily residential property means a residential 648 building, or group of residential buildings, such as apartments, 649 townhouses, or condominiums, consisting of at least five 650 dwelling units on a particular parcel. 651 (c)Parcel means real property for which a distinct 652 parcel identification number is assigned to the property by the 653 property appraiser for the county in which the property is 654 located. 655 (2)The owner or principal operator of a multifamily 656 residential property which substantially implements the 657 following security measures on that property has a presumption 658 against liability in connection with criminal acts that occur on 659 the premises which are committed by third parties who are not 660 employees or agents of the owner or operator: 661 (a)1.A security camera system at points of entry and exit 662 which records, and maintains as retrievable for at least 30 663 days, video footage to assist in offender identification and 664 apprehension. 665 2.A lighted parking lot illuminated at an intensity of at 666 least an average of 1.8 foot-candles per square foot at 18 667 inches above the surface from dusk until dawn or controlled by 668 photocell or any similar electronic device that provides light 669 from dusk until dawn. 670 3.Lighting in walkways, laundry rooms, common areas, and 671 porches. Such lighting must be illuminated from dusk until dawn 672 or controlled by photocell or any similar electronic device that 673 provides light from dusk until dawn. 674 4.At least a 1-inch deadbolt in each dwelling unit door. 675 5.A locking device on each window, each exterior sliding 676 door, and any other doors not used for community purposes. 677 6.Locked gates with key or fob access along pool fence 678 areas. 679 7.A peephole or door viewer on each dwelling unit door 680 that does not include a window or that does not have a window 681 next to the door. 682 (b)By January 1, 2025, the owner or principal operator of 683 a multifamily residential property has a crime prevention 684 through environmental design assessment that is no more than 3 685 years old completed for the property. Such assessment must be 686 performed by a law enforcement agency or a Florida Crime 687 Prevention Through Environmental Design Practitioner designated 688 by the Florida Crime Prevention Training Institute of the 689 Department of Legal Affairs. The owner or principal operator 690 must remain in substantial compliance with the assessment for 691 purposes of this paragraph. 692 (c)1.By January 1, 2025, the owner or principal operator 693 of a multifamily residential property provides proper crime 694 deterrence and safety training to its current employees. After 695 January 1, 2025, the owner or principal operator must provide 696 such training to an employee within 60 days after his or her 697 hire date for purposes of this paragraph. 698 2.For purposes of this paragraph, proper crime deterrence 699 and safety training means training which trains and 700 familiarizes employees with the security principles, devices, 701 measures, and standards set forth under paragraph (a), and which 702 is reviewed at least every 3 years and updated as necessary. The 703 owner or principal operator may request a law enforcement agency 704 or the Florida Crime Prevention Through Environmental Design 705 Practitioner performing the assessment under paragraph (b) to 706 review the training curriculum. 707 (3)For purposes of establishing the presumption against 708 liability under subsection (2), the burden of proof is on the 709 owner or principal operator to demonstrate that the owner or 710 principal operator has substantially implemented the security 711 measures specified in subsection (2). 712 (4)The Florida Crime Prevention Training Institute of the 713 Department of Legal Affairs shall develop a proposed curriculum 714 or best practices for owners or principal operators to implement 715 such training. The state has no liability in connection with 716 providing a proposed training curriculum under this subsection. 717 (5)This section does not establish a private cause of 718 action. 719 Section 9.Subsection (2) of section 768.81, Florida 720 Statutes, is amended, and subsection (6) is added to that 721 section, to read: 722 768.81Comparative fault. 723 (2)EFFECT OF CONTRIBUTORY FAULT.In a negligence action, 724 contributory fault chargeable to the claimant diminishes 725 proportionately the amount awarded as economic and noneconomic 726 damages for an injury attributable to the claimants 727 contributory fault, but does not bar recovery, subject to 728 subsection (6). 729 (6)GREATER PERCENTAGE OF FAULT.In a negligence action to 730 which this section applies, any party found to be greater than 731 50 percent at fault for his or her own harm may not recover any 732 damages. This subsection does not apply to an action for damages 733 for personal injury or wrongful death arising out of medical 734 negligence pursuant to chapter 766. 735 Section 10.Section 626.9373, Florida Statutes, is 736 repealed. 737 Section 11.Section 627.428, Florida Statutes, is repealed. 738 Section 12.Subsection (1) of section 627.756, Florida 739 Statutes, is amended to read: 740 627.756Bonds for construction contracts; attorney fees in 741 case of suit. 742 (1)In a suit Section 627.428 applies to suits brought by 743 an owner, a contractor, a subcontractor, a laborer, or a 744 materialman owners, contractors, subcontractors, laborers, and 745 materialmen against a surety insurer under payment or 746 performance bonds written by the insurer under the laws of this 747 state to indemnify against pecuniary loss by breach of a 748 building or construction contract, upon the rendition of a 749 judgment or decree by any of the courts of this state against 750 the surety insurer and in favor of the owner, contractor, 751 subcontractor, laborer, or materialman, the trial court or, in 752 the event of an appeal in which the owner, contractor, 753 subcontractor, laborer, or materialman prevails, the appellate 754 court, shall adjudge or decree against the surety insurer and in 755 favor of the owner, contractor, subcontractor, laborer, or 756 materialman a reasonable sum as fees or compensation for the 757 attorney prosecuting the suit in which the recovery is had. 758 Owners, contractors, subcontractors, laborers, and materialmen 759 shall be deemed to be insureds or beneficiaries for the purposes 760 of this section. 761 Section 13.Paragraphs (a) and (j) of subsection (1) of 762 section 475.01, Florida Statutes, are amended to read: 763 475.01Definitions. 764 (1)As used in this part: 765 (a)Broker means a person who, for another, and for a 766 compensation or valuable consideration directly or indirectly 767 paid or promised, expressly or impliedly, or with an intent to 768 collect or receive a compensation or valuable consideration 769 therefor, appraises, auctions, sells, exchanges, buys, rents, or 770 offers, attempts or agrees to appraise, auction, or negotiate 771 the sale, exchange, purchase, or rental of business enterprises 772 or business opportunities or any real property or any interest 773 in or concerning the same, including mineral rights or leases, 774 or who advertises or holds out to the public by any oral or 775 printed solicitation or representation that she or he is engaged 776 in the business of appraising, auctioning, buying, selling, 777 exchanging, leasing, or renting business enterprises or business 778 opportunities or real property of others or interests therein, 779 including mineral rights, or who takes any part in the procuring 780 of sellers, purchasers, lessors, or lessees of business 781 enterprises or business opportunities or the real property of 782 another, or leases, or interest therein, including mineral 783 rights, or who directs or assists in the procuring of prospects 784 or in the negotiation or closing of any transaction which does, 785 or is calculated to, result in a sale, exchange, or leasing 786 thereof, and who receives, expects, or is promised any 787 compensation or valuable consideration, directly or indirectly 788 therefor; and all persons who advertise rental property 789 information or lists. A broker renders a professional service 790 and is a professional within the meaning of s. 95.11(4)(b) s. 791 95.11(4)(a). Where the term appraise or appraising appears 792 in the definition of the term broker, it specifically excludes 793 those appraisal services which must be performed only by a 794 state-licensed or state-certified appraiser, and those appraisal 795 services which may be performed by a registered trainee 796 appraiser as defined in part II. The term broker also includes 797 any person who is a general partner, officer, or director of a 798 partnership or corporation which acts as a broker. The term 799 broker also includes any person or entity who undertakes to 800 list or sell one or more timeshare periods per year in one or 801 more timeshare plans on behalf of any number of persons, except 802 as provided in ss. 475.011 and 721.20. 803 (j)Sales associate means a person who performs any act 804 specified in the definition of broker, but who performs such 805 act under the direction, control, or management of another 806 person. A sales associate renders a professional service and is 807 a professional within the meaning of s. 95.11(4)(b) s. 808 95.11(4)(a). 809 Section 14.Paragraph (h) of subsection (1) of section 810 475.611, Florida Statutes, is amended to read: 811 475.611Definitions. 812 (1)As used in this part, the term: 813 (h)Appraiser means any person who is a registered 814 trainee real estate appraiser, a licensed real estate appraiser, 815 or a certified real estate appraiser. An appraiser renders a 816 professional service and is a professional within the meaning of 817 s. 95.11(4)(b) s. 95.11(4)(a). 818 Section 15.Subsection (7) of section 517.191, Florida 819 Statutes, is amended to read: 820 517.191Injunction to restrain violations; civil penalties; 821 enforcement by Attorney General. 822 (7)Notwithstanding s. 95.11(4)(f) s. 95.11(4)(e), an 823 enforcement action brought under this section based on a 824 violation of any provision of this chapter or any rule or order 825 issued under this chapter shall be brought within 6 years after 826 the facts giving rise to the cause of action were discovered or 827 should have been discovered with the exercise of due diligence, 828 but not more than 8 years after the date such violation 829 occurred. 830 Section 16.Subsection (4) of section 624.123, Florida 831 Statutes, is amended to read: 832 624.123Certain international health insurance policies; 833 exemption from code. 834 (4)Any international health insurance policy or 835 application solicited, provided, entered into, issued, or 836 delivered pursuant to this subsection is exempt from all 837 provisions of the insurance code, except that such policy, 838 contract, or agreement is subject to the provisions of ss. 839 624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521, 840 626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591, 841 626.9601, 627.413, 627.4145, 627.428, and 627.6043. 842 Section 17.Subsection (4) of section 624.488, Florida 843 Statutes, is amended to read: 844 624.488Applicability of related laws.In addition to other 845 provisions of the code cited in ss. 624.460-624.488: 846 (4)Sections 627.291, 627.413, 627.4132, 627.416, 627.418, 847 627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428, 848 627.702, and 627.706; part XI of chapter 627; ss. 627.912, 849 627.913, and 627.918; 850 851 apply to self-insurance funds. Only those sections of the code 852 that are expressly and specifically cited in ss. 624.460-624.489 853 apply to self-insurance funds. 854 Section 18.Paragraph (b) of subsection (3) of section 855 627.062, Florida Statutes, is amended to read: 856 627.062Rate standards. 857 (3) 858 (b)Individual risk rates and modifications to existing 859 approved forms are not subject to this part or part II, except 860 for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404, 861 627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132, 862 627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426, 863 627.4265, and 627.427, and 627.428, but are subject to all other 864 applicable provisions of this code and rules adopted thereunder. 865 Section 19.Subsections (3), (4), and (5) of section 866 627.401, Florida Statutes, are amended to read: 867 627.401Scope of this part.No provision of this part of 868 this chapter applies to: 869 (3)Wet marine and transportation insurance, except ss. 870 627.409 and, 627.420, and 627.428. 871 (4)Title insurance, except ss. 627.406, 627.415, 627.416, 872 627.419, and 627.427, and 627.428. 873 (5)Credit life or credit disability insurance, except s. 874 627.419(5) ss. 627.419(5) and 627.428. 875 Section 20.Subsection (2) of section 627.441, Florida 876 Statutes, is amended to read: 877 627.441Commercial general liability policies; coverage to 878 contractors for completed operations. 879 (2)A liability insurer must offer coverage at an 880 appropriate additional premium for liability arising out of 881 current or completed operations under an owner-controlled 882 insurance program for any period beyond the period for which the 883 program provides liability coverage, as specified in s. 884 255.0517(2)(b). The period of such coverage must be sufficient 885 to protect against liability arising out of an action brought 886 within the time limits provided in s. 95.11(3)(b) s. 887 95.11(3)(c). 888 Section 21.Subsection (8) of section 627.727, Florida 889 Statutes, is amended to read: 890 627.727Motor vehicle insurance; uninsured and underinsured 891 vehicle coverage; insolvent insurer protection. 892 (8)The provisions of s. 627.428 do not apply to any action 893 brought pursuant to this section against the uninsured motorist 894 insurer unless there is a dispute over whether the policy 895 provides coverage for an uninsured motorist proven to be liable 896 for the accident. 897 Section 22.Subsection (8) of section 627.736, Florida 898 Statutes, is amended to read: 899 627.736Required personal injury protection benefits; 900 exclusions; priority; claims. 901 (8)APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES. 902 With respect to any dispute under the provisions of ss. 627.730 903 627.7405 between the insured and the insurer, or between an 904 assignee of an insureds rights and the insurer, the provisions 905 of s. 768.79 ss. 627.428 and 768.79 apply, except as provided in 906 subsections (10) and (15), and except that any attorney fees 907 recovered must: 908 (a)Comply with prevailing professional standards; 909 (b)Not overstate or inflate the number of hours reasonably 910 necessary for a case of comparable skill or complexity; and 911 (c)Represent legal services that are reasonable and 912 necessary to achieve the result obtained. 913 914 Upon request by either party, a judge must make written 915 findings, substantiated by evidence presented at trial or any 916 hearings associated therewith, that any award of attorney fees 917 complies with this subsection. Notwithstanding s. 627.428, 918 Attorney fees recovered under ss. 627.730-627.7405 must be 919 calculated without regard to a contingency risk multiplier. 920 Section 23.Subsection (4) of section 628.6016, Florida 921 Statutes, is amended to read: 922 628.6016Applicability of related laws.In addition to 923 other provisions of the code cited in ss. 628.6011-628.6018: 924 (4)Sections 627.291, 627.413, 627.4132, 627.416, 627.418, 925 627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.428, 926 627.702, and 627.706; part XI of chapter 627; ss. 627.912, 927 627.913, and 627.918; and 928 929 apply to assessable mutual insurers; however, ss. 628.255, 930 628.411, and 628.421 do not apply. No section of the code not 931 expressly and specifically cited in ss. 628.6011-628.6018 932 applies to assessable mutual insurers. The term assessable 933 mutual insurer shall be substituted for the term commercial 934 self-insurer as appropriate. 935 Section 24.Section 631.70, Florida Statutes, is repealed. 936 Section 25.Section 631.926, Florida Statutes, is repealed. 937 Section 26.Subsection (11) of section 632.638, Florida 938 Statutes, is amended to read: 939 632.638Applicability of other code provisions.In addition 940 to other provisions contained or referred to in this chapter, 941 the following chapters and provisions of this code apply to 942 fraternal benefit societies, to the extent applicable and not in 943 conflict with the express provisions of this chapter and the 944 reasonable implications thereof: 945 (11)Section 627.428; 946 Section 27.The Division of Law Revision is directed to 947 replace the phrase the effective date of this act wherever it 948 occurs in this act with the date this act becomes a law. 949 Section 28.The amendments made by this act to s. 95.11, 950 Florida Statutes, apply to causes of action accruing after the 951 effective date of this act. 952 Section 29.This act shall not be construed to impair any 953 right under an insurance contract in effect on or before the 954 effective date of this act. To the extent that this act affects 955 a right under an insurance contract, this act applies to an 956 insurance contract issued or renewed after the effective date of 957 this act. 958 Section 30.Except as otherwise expressly provided in this 959 act, this act shall apply to causes of action filed after the 960 effective date of this act. 961 Section 31.This act shall take effect upon becoming a law.