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Final Version of Tort Reform Bill

A bill to be entitled
An act relating to civil remedies; amending s. 57.104,
F.S.; creating a rebuttable presumption that a
lodestar fee is a sufficient and reasonable attorney
fee in most civil actions; providing an exception;
creating s. 86.121, F.S.; authorizing a court to award
attorney fees in certain declaratory actions;
prohibiting the transfer, assignment, or acquisition
of the right to such attorney fees except by specified
persons; providing applicability; amending s. 95.11,
F.S.; reducing the statute of limitations for
negligence actions; providing applicability of certain
provisions to actions involving servicemembers;
amending s. 624.155, F.S.; providing standards for bad
faith actions; providing for the distribution of
proceeds when two or more third-party claims arising
out of a single occurrence exceed policy limits;
creating s. 624.1552, F.S.; providing for
applicability of specified offer of judgement
provisions to civil actions involving insurance
contracts; creating s. 768.0427, F.S.; providing
definitions; providing standards for the admissibility
of evidence to prove the cost of damages for medical
expenses in certain civil actions; requiring certain
disclosures with respect to claims for medical

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expenses for treatment rendered under letters of
protection; specifying the damages that may be
recovered by a claimant for the reasonable and
necessary cost of medical care; creating s. 768.0701,
F.S.; requiring the trier of fact to consider the
fault of certain persons who contribute to an injury;
creating s. 768.0706, F.S.; providing definitions;
providing that the owner or principal operator of a
multifamily residential property which substantially
implements specified security measures on that
property has a presumption against liability for
negligence in connection with certain criminal acts
that occur on the premises; requiring the Florida
Crime Prevention Training Institute of the Department
of Legal Affairs to develop a proposed curriculum or
best practices for owners or principal operators;
providing construction; amending s. 768.81, F.S.;
providing that a party in a negligence action who is
at fault by a specified amount may not recover damages
under a comparative negligence action; providing
applicability; repealing ss. 626.9373 and 627.428,
F.S., relating to attorney fees awarded against
surplus lines insurers and insurers, respectively;
amending s. 627.756, F.S.; providing for the award of
costs and attorney fees in certain actions; amending

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51 ss. 475.01, 475.611, 517.191, 624.123, 624.488,
52 627.062, 627.401, 627.441, 627.727, 627.736, and
53 628.6016, F.S.; conforming provisions to changes made
54 by the act; repealing ss. 631.70 and 631.926, F.S.,
55 relating to attorney fees; amending s. 632.638, F.S.;
56 conforming provisions to changes made by the act;
57 providing a directive to the Division of Law Revision;
58 providing applicability and construction; providing an
59 effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1. Section 57.104, Florida Statutes, is amended	to
64	read:
65	57.104 Computation of attorney ~~attorneys’~~ fees.—
66	(1) In any action in which attorney ~~attorneys’~~ fees are	to

be determined or awarded by the court, the court shall consider,
among other things, time and labor of any legal assistants who
contributed nonclerical, meaningful legal support to the matter
involved and who are working under the supervision of an
attorney. For purposes of this section “legal assistant” means a
person, who under the supervision and direction of a licensed
attorney engages in legal research, and case development or
planning in relation to modifications or initial proceedings,
services, processes, or applications; or who prepares or

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interprets legal documents or selects, compiles, and uses
technical information from references such as digests,
encyclopedias, or practice manuals and analyzes and follows
procedural problems that involve independent decisions.
(2) In any action in which attorney fees are determined or
awarded by the court, there is a strong presumption that a
lodestar fee is sufficient and reasonable. This presumption may
be overcome only in a rare and exceptional circumstance with
evidence that competent counsel could not otherwise be retained.
Section 2. Section 86.121, Florida Statutes, is created to
read:
86.121 Attorney fees; actions for declaratory relief to
determine insurance coverage after total coverage denial of
claim.—
(1) In an action brought for declaratory relief in state
or federal court to determine insurance coverage after the
insurer has made a total coverage denial of a claim:
(a) Either party is entitled to the summary procedure
provided in s. 51.011, and the court shall advance the cause on
the calendar.
(b) The court shall award reasonable attorney fees to the
named insured, omnibus insured, or named beneficiary under a
policy issued by the insurer upon rendition of a declaratory
judgment in favor of the named insured, omnibus insured, or
named beneficiary. This right may not be transferred to,

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assigned to, or acquired in any other manner by anyone other
than a named or omnibus insured or a named beneficiary. A
defense offered by an insurer pursuant to a reservation of
rights does not constitute a coverage denial of a claim. Such
fees are limited to those incurred in the action brought under
this chapter for declaratory relief to determine coverage of
insurance issued under the Florida Insurance Code.
(2) This section does not apply to any action arising
under a residential or commercial property insurance policy.
Section 3. Subsections (3), (4), and (10) of section
95.11, Florida Statutes, are amended, and subsection (12) is
added to that section, to read:
95.11 Limitations other than for the recovery of real
property.—Actions other than for recovery of real property shall
be commenced as follows:
(3) WITHIN FOUR YEARS.—
~~(a) An action founded on negligence.~~
(a)~~(b)~~ An action relating to the determination of
paternity, with the time running from the date the child reaches
the age of majority.
(b)~~(c)~~ An action founded on the design, planning, or
construction of an improvement to real property, with the time
running from the date of actual possession by the owner, the
date of the issuance of a certificate of occupancy, the date of
abandonment of construction if not completed, or the date of

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completion of the contract or termination of the contract
between the professional engineer, registered architect, or
licensed contractor and his or her employer, whichever date is
latest; except that, when the action involves a latent defect,
the time runs from the time the defect is discovered or should
have been discovered with the exercise of due diligence. In any
event, the action must be commenced within 10 years after the
date of actual possession by the owner, the date of the issuance
of a certificate of occupancy, the date of abandonment of
construction if not completed, or the date of completion of the
contract or termination of the contract between the professional
engineer, registered architect, or licensed contractor and his
or her employer, whichever date is latest. However,
counterclaims, cross-claims, and third-party claims that arise
out of the conduct, transaction, or occurrence set out or
attempted to be set out in a pleading may be commenced up to 1
year after the pleading to which such claims relate is served,
even if such claims would otherwise be time barred. With respect
to actions founded on the design, planning, or construction of
an improvement to real property, if such construction is
performed pursuant to a duly issued building permit and if a
local enforcement agency, state enforcement agency, or special
inspector, as those terms are defined in s. 553.71, has issued a
final certificate of occupancy or certificate of completion,
then as to the construction which is within the scope of such

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building permit and certificate, the correction of defects to
completed work or repair of completed work, whether performed
under warranty or otherwise, does not extend the period of time
within which an action must be commenced. Completion of the
contract means the later of the date of final performance of all
the contracted services or the date that final payment for such
services becomes due without regard to the date final payment is
made.
(c)~~(d)~~ An action to recover public money or property held
by a public officer or employee, or former public officer or
employee, and obtained during, or as a result of, his or her
public office or employment.
(d)~~(e)~~ An action for injury to a person founded on the
design, manufacture, distribution, or sale of personal property
that is not permanently incorporated in an improvement to real
property, including fixtures.
(e)~~(f)~~ An action founded on a statutory liability.
(f)~~(g)~~ An action for trespass on real property.
(g)~~(h)~~ An action for taking, detaining, or injuring
personal property.
(h)~~(i)~~ An action to recover specific personal property.
(i)~~(j)~~ A legal or equitable action founded on fraud.
(j)~~(k)~~ A legal or equitable action on a contract,
obligation, or liability not founded on a written instrument,
including an action for the sale and delivery of goods, wares,

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and merchandise, and on store accounts.
(k)~~(l)~~ An action to rescind a contract.
(l)~~(m)~~ An action for money paid to any governmental
authority by mistake or inadvertence.
(m)~~(n)~~ An action for a statutory penalty or forfeiture.
(n)~~(o)~~ An action for assault, battery, false arrest,
malicious prosecution, malicious interference, false
imprisonment, or any other intentional tort, except as provided
in subsections (4), (5), and (7).
(o)~~(p)~~ Any action not specifically provided for in these
statutes.
(p)~~(q)~~ An action alleging a violation, other than a
willful violation, of s. 448.110.
(4) WITHIN TWO YEARS.—
(a) An action founded on negligence.
(b)~~(a)~~ An action for professional malpractice, other than
medical malpractice, whether founded on contract or tort;
provided that the period of limitations shall run from the time
the cause of action is discovered or should have been discovered
with the exercise of due diligence. However, the limitation of
actions herein for professional malpractice shall be limited to
persons in privity with the professional.
(c)~~(b)~~ An action for medical malpractice shall be
commenced within 2 years from the time the incident giving rise
to the action occurred or within 2 years from the time the

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incident is discovered, or should have been discovered with the
exercise of due diligence; however, in no event shall the action
be commenced later than 4 years from the date of the incident or
occurrence out of which the cause of action accrued, except that
this 4-year period shall not bar an action brought on behalf of
a minor on or before the child’s eighth birthday. An “action for
medical malpractice” is defined as a claim in tort or in
contract for damages because of the death, injury, or monetary
loss to any person arising out of any medical, dental, or
surgical diagnosis, treatment, or care by any provider of health
care. The limitation of actions within this subsection shall be
limited to the health care provider and persons in privity with
the provider of health care. In those actions covered by this
paragraph in which it can be shown that fraud, concealment, or
intentional misrepresentation of fact prevented the discovery of
the injury the period of limitations is extended forward 2 years
from the time that the injury is discovered or should have been
discovered with the exercise of due diligence, but in no event
to exceed 7 years from the date the incident giving rise to the
injury occurred, except that this 7-year period shall not bar an
action brought on behalf of a minor on or before the child’s
eighth birthday. This paragraph shall not apply to actions for
which ss. 766.301-766.316 provide the exclusive remedy.
(d)~~(c)~~ An action to recover wages or overtime or damages
or penalties concerning payment of wages and overtime.

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(e)~~(d)~~ An action for wrongful death.
(f)~~(e)~~ An action founded upon a violation of any provision
of chapter 517, with the period running from the time the facts
giving rise to the cause of action were discovered or should
have been discovered with the exercise of due diligence, but not
more than 5 years from the date such violation occurred.
(g)~~(f)~~ An action for personal injury caused by contact
with or exposure to phenoxy herbicides while serving either as a
civilian or as a member of the Armed Forces of the United States
during the period January 1, 1962, through May 7, 1975; the
period of limitations shall run from the time the cause of
action is discovered or should have been discovered with the
exercise of due diligence.
(h)~~(g)~~ An action for libel or slander.
(10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
(4)(e) ~~(4)(d)~~, an action for wrongful death seeking damages
authorized under s. 768.21 brought against a natural person for
an intentional tort resulting in death from acts described in s.
782.04 or s. 782.07 may be commenced at any time. This
subsection shall not be construed to require an arrest, the
filing of formal criminal charges, or a conviction for a
violation of s. 782.04 or s. 782.07 as a condition for filing a
civil action.
(12) FOR ACTIONS INVOLVING SERVICEMEMBERS.—Any action

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involving a servicemember as defined in s. 250.01, in which the
servicemember is a party, is subject to s. 250.5201 and part IV
of chapter 250, which includes the Servicemembers Civil Relief
Act, 50 U.S.C. ss. 501 et seq., providing for protections to
members of the United States Armed Forces, the United States
Reserve Forces, or the National Guard during terms of federal or
state active duty which materially affect the servicemember’s
ability to appear.
Section 4. Section 624.155, Florida Statutes, is amended
to read:
624.155 Civil remedy.—
(1) Any person may bring a civil action against an insurer
when such person is damaged:
(a) By a violation of any of the following provisions by
the insurer:

266 1. Section 626.9541(1)(i), (o), or (x);

267 2. Section 626.9551;

268 3. Section 626.9705;

269 4. Section 626.9706;

270 5. Section 626.9707; or

271 6. Section 627.7283.

(b) By the commission of any of the following acts by the
insurer:
1. Not attempting in good faith to settle claims when,
under all the circumstances, it could and should have done so,

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had it acted fairly and honestly toward its insured and with due
regard for her or his interests;
2. Making claims payments to insureds or beneficiaries not
accompanied by a statement setting forth the coverage under
which payments are being made; or
3. Except as to liability coverages, failing to promptly
settle claims, when the obligation to settle a claim has become
reasonably clear, under one portion of the insurance policy
coverage in order to influence settlements under other portions
of the insurance policy coverage. 286
Notwithstanding the provisions of the above to the contrary, a
person pursuing a remedy under this section need not prove that
such act was committed or performed with such frequency as to
indicate a general business practice.
(2) Any party may bring a civil action against an
unauthorized insurer if such party is damaged by a violation of
s. 624.401 by the unauthorized insurer.
(3)(a) As a condition precedent to bringing an action
under this section, the department and the authorized insurer
must have been given 60 days’ written notice of the violation.
Notice to the authorized insurer must be provided by the
department to the e-mail address designated by the insurer under
s. 624.422.
(b) The notice shall be on a form provided by the

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department and shall state with specificity the following
information, and such other information as the department may
require:
1. The statutory provision, including the specific
language of the statute, which the authorized insurer allegedly
violated.
2. The facts and circumstances giving rise to the
violation.
3. The name of any individual involved in the violation.
4. Reference to specific policy language that is relevant
to the violation, if any. If the person bringing the civil
action is a third party claimant, she or he shall not be
required to reference the specific policy language if the
authorized insurer has not provided a copy of the policy to the
third party claimant pursuant to written request.
5. A statement that the notice is given in order to
perfect the right to pursue the civil remedy authorized by this
section.
(c) No action shall lie if, within 60 days after the
insurer receives notice from the department in accordance with
this subsection, the damages are paid or the circumstances
giving rise to the violation are corrected.
(d) The authorized insurer that is the recipient of a
notice filed pursuant to this section shall report to the
department on the disposition of the alleged violation.

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(e) The applicable statute of limitations for an action
under this section shall be tolled for a period of:
1. Sixty days after the insurer receives from the
department the notice required by this subsection.
2. Sixty days after the date appraisal is invoked pursuant
to paragraph (f).
(f) A notice required under this subsection may not be
filed within 60 days after appraisal is invoked by any party in
a residential property insurance claim.
(4)(a) An action for bad faith involving a liability
insurance claim, including any such action brought under the
common law, shall not lie if the insurer tenders the lesser of
the policy limits or the amount demanded by the claimant within
90 days after receiving actual notice of a claim which is
accompanied by sufficient evidence to support the amount of the
claim.
(b) If an insurer does not tender the lesser of the policy
limits or the amount demanded by the claimant within the 90-day
period provided in paragraph (a), the existence of the 90-day
period and that no bad faith action could lie had the insurer
tendered the lesser of policy limits or the amount demanded by
the claimant pursuant to paragraph (a) is inadmissible in any
action seeking to establish bad faith on the part of the
insurer.
(c) If the insurer fails to tender pursuant to paragraph

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(a) within the 90-day period, any applicable statute of
limitations is extended for an additional 90 days.
(5) In any bad faith action, whether such action is
brought under this section or is based on the common-law remedy
for bad faith:
(a) Mere negligence alone is insufficient to constitute
bad faith.
(b)1. The insured, claimant, and representative of the
insured or claimant have a duty to act in good faith in
furnishing information regarding the claim, in making demands of
the insurer, in setting deadlines, and in attempting to settle
the claim. This duty does not create a separate cause of action,
but may only be considered pursuant to subparagraph 2.
2. In any action for bad faith against an insurer, the
trier of fact may consider whether the insured, claimant, or
representative of the insured or claimant did not act in good
faith pursuant to this paragraph, in which case the trier of
fact may reasonably reduce the amount of damages awarded against
the insurer.
(6) If two or more third-party claimants have competing
claims arising out of a single occurrence, which in total may
exceed the available policy limits of one or more of the insured
parties who may be liable to the third-party claimants, an
insurer is not liable beyond the available policy limits for
failure to pay all or any portion of the available policy limits

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to one or more of the third-party claimants if, within 90 days
after receiving notice of the competing claims in excess of the
available policy limits, the insurer complies with either
paragraph (a) or paragraph (b).
(a) The insurer files an interpleader action under the
Florida Rules of Civil Procedure. If the claims of the competing
third-party claimants are found to be in excess of the policy
limits, the third-party claimants are entitled to a prorated
share of the policy limits as determined by the trier of fact.
An insurer’s interpleader action does not alter or amend the
insurer’s obligation to defend its insured.
(b) Pursuant to binding arbitration that has been agreed
to by the insurer and the third-party claimants, the insurer
makes the entire amount of the policy limits available for
payment to the competing third-party claimants before a
qualified arbitrator agreed to by the insurer and such thi rd-
party claimants at the expense of the insurer. The third-party
claimants are entitled to a prorated share of the policy limits
as determined by the arbitrator, who must consider the
comparative fault, if any, of each third-party claimant, and the
total likely outcome at trial based upon the total of the
economic and noneconomic damages submitted to the arbitrator for
consideration. A third-party claimant whose claim is resolved by
the arbitrator must execute and deliver a general release to the
insured party whose claim is resolved by the proceeding.

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401 402	(7)~~(4)~~ Upon adverse adjudication at trial or upon appeal, the authorized insurer shall be liable for damages, together
403	with court costs and reasonable attorney ~~attorney’s~~ fees
404	incurred by the plaintiff.
405	(8)~~(5)~~ No Punitive damages may not ~~shall~~ be awarded under
406	this section unless the acts giving rise to the violation occur
407	with such frequency as to indicate a general business practice
408	and these acts are:
409	(a) Willful, wanton, and malicious;
410	(b) In reckless disregard for the rights of any insured;
411	or
412	(c) In reckless disregard for the rights of a beneficiary
413	under a life insurance contract.
414
415	Any person who pursues a claim under this subsection shall post
416	in advance the costs of discovery. Such costs shall be awarded
417	to the authorized insurer if no punitive damages are awarded to
418	the plaintiff.
419	(9)~~(6)~~ This section does ~~shall~~ not ~~be construed to~~
420 421 422 423 424 425	authorize a class action suit against an authorized insurer or a civil action against the commission, the office, or the department or any of their employees, or to create a cause of action when an authorized health insurer refuses to pay a claim for reimbursement on the ground that the charge for a service was unreasonably high or that the service provided was not

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medically necessary.
(10)~~(7)~~ In the absence of expressed language to the
contrary, this section shall not be construed to authorize a
civil action or create a cause of action against an authorized
insurer or its employees who, in good faith, release information
about an insured or an insurance policy to a law enforcement
agency in furtherance of an investigation of a criminal or
fraudulent act relating to a motor vehicle theft or a motor
vehicle insurance claim.
(11)~~(8)~~ The civil remedy specified in this section does
not preempt any other remedy or cause of action provided for
pursuant to any other statute or pursuant to the common law of
this state. Any person may obtain a judgment under either the
common-law remedy of bad faith or this statutory remedy, but is
~~shall~~ not be entitled to a judgment under both remedies. This
section does ~~shall~~ not ~~be construed to~~ create a common-law cause
of action. The damages recoverable pursuant to this section
shall include those damages which are a reasonably foreseeable
result of a specified violation of this section by the
authorized insurer and may include an award or judgment in an
amount that exceeds the policy limits.
(12)~~(9)~~ A surety issuing a payment or performance bond on
the construction or maintenance of a building or roadway project
is not an insurer for purposes of subsection (1).
Section 5. Section 624.1552, Florida Statutes, is created

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to read:
624.1552 Civil actions involving an insurance contract;
applicability of offer of judgment provisions.—The provisions of
s. 768.79 apply to any civil action involving an insurance
contract.
Section 6. Section 768.0427, Florida Statutes, is created
to read:
768.0427 Admissibility of evidence to prove medical
expenses in personal injury or wrongful death actions;
disclosure of letters of protection; recovery of past and future
medical expenses damages.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Factoring company” means a person who purchases a
health care provider’s accounts receivable at a discount below
the invoice value of such accounts.
(b) “Health care coverage” means any third-party health
care or disability services financing arrangement, including,
but not limited to, arrangements with entities certified or
authorized under federal law or under the Florida Insurance
Code; state or federal health care benefit programs; workers’
compensation; and personal injury protection.
(c) “Health care provider” means any of the following
professionals and entities, and professionals and entities
similarly licensed in another jurisdiction:
1. A provider as defined in s. 408.803.

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2. A clinical laboratory providing services in this state
or services to health care providers in this state, if the
clinical laboratory is certified by the Centers for Medicare and
Medicaid Services under the federal Clinical Laboratory
Improvement Amendments and the federal rules adopted thereunder.
3. A federally qualified health center as defined in 42
U.S.C. s. 1396d(l)(2)(B), as that definition existed on the
effective date of this act.
4. A health care practitioner as defined in s. 456.001.
5. A health care professional licensed under part IV of
chapter 468.
6. A home health aide as defined in s. 400.462.
7. A provider licensed under chapter 394 or chapter 397
and its clinical and nonclinical staff providing inpatient or
outpatient services.
8. A continuing care facility licensed under chapter 651.
9. A pharmacy permitted under chapter 465.
(d) “Letter of protection” means any arrangement by which
a health care provider renders treatment in exchange for a
promise of payment for the claimant’s medical expenses from any
judgment or settlement of a personal injury or wrongful death
action. The term includes any such arrangement, regardless of
whether referred to as a letter of protection.
(2) ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE
EXPENSES.—Evidence offered to prove the amount of damages for

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past or future medical treatment or services in a personal
injury or wrongful death action is admissible as provided in
this subsection.
(a) Evidence offered to prove the amount of damages for
past medical treatment or services that have been satisfied is
limited to evidence of the amount actually paid, regardless of
the source of payment.
(b) Evidence offered to prove the amount necessary to
satisfy unpaid charges for incurred medical treatment or
services shall include, but is not limited to, evidence as
provided in this paragraph.
1. If the claimant has health care coverage other than
Medicare or Medicaid, evidence of the amount which such health
care coverage is obligated to pay the health care provider to
satisfy the charges for the claimant’s incurred medical
treatment or services, plus the claimant’s share of medical
expenses under the insurance contract or regulation.
2. If the claimant has health care coverage but obtains
treatment under a letter of protection or otherwise does not
submit charges for any health care provider’s medical treatment
or services to health care coverage, evidence of the amount the
claimant’s health care coverage would pay the health care
provider to satisfy the past unpaid medical charges under the
insurance contract or regulation, plus the claimant’s share of
medical expenses under the insurance contract or regulation, had

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the claimant obtained medical services or treatment pursuant to
the health care coverage.
3. If the claimant does not have health care coverage or
has health care coverage through Medicare or Medicaid, evidence
of 120 percent of the Medicare reimbursement rate in effect on
the date of the claimant’s incurred medical treatment or
services, or, if there is no applicable Medicare rate for a
service, 170 percent of the applicable state Medicaid rate.
4. If the claimant obtains medical treatment or services
under a letter of protection and the health care provider
subsequently transfers the right to receive payment under the
letter of protection to a third party, evidence of the amount
the third party paid or agreed to pay the health care provider
in exchange for the right to receive payment pursuant to the
letter of protection.
5. Any evidence of reasonable amounts billed to the
claimant for medically necessary treatment or medically
necessary services provided to the claimant.
(c) Evidence offered to prove the amount of damages for
any future medical treatment or services the claimant will
receive shall include, but is not limited to, evidence as
provided in this paragraph.
1. If the claimant has health care coverage other than
Medicare or Medicaid, or is eligible for any such health care
coverage, evidence of the amount for which the future charges of

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health care providers could be satisfied if submitted to such
health care coverage, plus the claimant’ s share of medical
expenses under the insurance contract or regulation.
2. If the claimant does not have health care coverage or
has health care coverage through Medicare or Medicaid, or is
eligible for such health care coverage, evidence of 120 percent
of the Medicare reimbursement rate in effect at the time of
trial for the medical treatment or services the claimant will
receive, or, if there is no applicable Medicare rate for a
service, 170 percent of the applicable state Medicaid rate.
3. Any evidence of reasonable future amounts to be billed
to the claimant for medically necessary treatment or medically
necessary services.
(d) This subsection does not impose an affirmative duty
upon any party to seek a reduction in billed charges to which
the party is not contractually entitled.
(e) Individual contracts between providers and authorized
commercial insurers or authorized health maintenance
organizations are not subject to discovery or disclosure and are
not admissible into evidence.
(3) LETTERS OF PROTECTION; REQUIRED DISCLOSURES.—In a
personal injury or wrongful death action, as a condition
precedent to asserting any claim for medical expenses for
treatment rendered under a letter of protection, the claimant
must disclose:

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(a) A copy of the letter of protection.
(b) All billings for the claimant’s medical expenses,
which must be itemized and, to the extent applicable, coded
according to:
1. For health care providers billing at the provider
level, the American Medical Association’s Current Procedural
Terminology (CPT), or the Healthcare Common Procedure Coding
System (HCPCS), in effect on the date the services were
rendered.
2. For health care providers billing at the facility level
for expenses incurred in a clinical or outpatient setting,
including when billing through an Ambulatory Payment
Classification (APC) or Enhanced Ambulatory Patient Grouping
(EAPG), the International Classification of Diseases (ICD)
diagnosis code and, if applicable, the American Medical
Association’s Current Procedural Terminology (CPT), in effect on
the date the services were rendered.
3. For health care providers billing at the facility level
for expenses incurred in an inpatient setting, including when
billing through a Diagnosis Related Group (DRG), the
International Classification of Diseases (ICD) diagnosis and
procedure codes in effect on the date in which the claimant is
discharged.
(c) If the health care provider sells the accounts
receivable for the claimant’s medical expenses to a factoring

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company or other third party:
1. The name of the factoring company or other third party
who purchased such accounts.
2. The dollar amount for which the factoring company or
other third party purchased such accounts, including any
discount provided below the invoice amount.
(d) Whether the claimant, at the time medical treatment
was rendered, had health care coverage and, if so, the identity
of such coverage.
(e) Whether the claimant was referred for treatment under
a letter of protection and, if so, the identity of the person
who made the referral. If the referral is made by the claimant’s
attorney, disclosure of the referral is permitted, and evidence
of such referral is admissible notwithstanding s. 90.502.
Moreover, in such situation, the financial relationship between
a law firm and a medical provider, including the number of
referrals, frequency, and financial benefit obtained, is
relevant to the issue of the bias of a testifying medical
provider.
(4) DAMAGES RECOVERABLE FOR MEDICAL TREATMENT OR SERVICE
EXPENSES.—The damages that may be recovered by a claimant in a
personal injury or wrongful death action for the reasonable and
necessary cost or value of medical care rendered may not include
any amount in excess of the evidence of medical treatment and
services expenses admitted pursuant to subsection (2), and also

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may not exceed the sum of the following:
(a) Amounts actually paid by or on behalf of the claimant
to a health care provider who rendered medical treatment or
services;
(b) Amounts necessary to satisfy charges for medical
treatment or services that are due and owing but at the time of
trial are not yet satisfied; and
(c) Amounts necessary to provide for any reasonable and
necessary medical treatment or services the claimant will
receive in the future.
Section 7. Section 768.0701, Florida Statutes, is created
to read:
768.0701 Premises liability for criminal acts of third
parties.—Notwithstanding s. 768.81(4), in an action for damages
against the owner, lessor, operator, or manager of commercial or
real property brought by a person lawfully on the property who
was injured by the criminal act of a third party, the trier of
fact must consider the fault of all persons who contributed to
the injury.
Section 8. Section 768.0706, Florida Statutes, is created
to read:
768.0706 Multifamily residential property safety and
security; presumption against liability.—
(1) As used in this section, the term:
(a) “Crime prevention through environmental design” has

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the same meaning as in s. 163.503(6).
(b) “Multifamily residential property” means a residential
building, or group of residential buildings, such as apartments,
townhouses, or condominiums, consisting of at least five
dwelling units on a particular parcel.
(c) “Parcel” means real property for which a distinct
parcel identification number is assigned to the property by the
property appraiser for the county in which the property is
located.
(2) The owner or principal operator of a multifamily
residential property which substantially implements the
following security measures on that property has a presumption
against liability in connection with criminal acts that occur on
the premises which are committed by third parties who are not
employees or agents of the owner or operator:
(a)1. A security camera system at points of entry and exit
which records, and maintains as retrievable for at least 30
days, video footage to assist in offender identification and
apprehension.
2. A lighted parking lot illuminated at an intensity of at
least an average of 1.8 foot-candles per square foot at 18
inches above the surface from dusk until dawn or controlled by
photocell or any similar electronic device that provides light
from dusk until dawn.
3. Lighting in walkways, laundry rooms, common areas, and

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porches. Such lighting must be illuminated from dusk until dawn
or controlled by photocell or any similar electronic device that
provides light from dusk until dawn.
4. At least a 1-inch deadbolt in each dwelling unit door.
5. A locking device on each window, each exterior sliding
door, and any other doors not used for community purposes.
6. Locked gates with key or fob access along pool fence
areas.
7. A peephole or door viewer on each dwelling unit door
that does not include a window or that does not have a window
next to the door.
(b) By January 1, 2025, the owner or principal operator of
a multifamily residential property has a crime prevention
through environmental design assessment that is no more than 3
years old completed for the property. Such assessment must be
performed by a law enforcement agency or a Florida Crime
Prevention Through Environmental Design Practitioner designated
by the Florida Crime Prevention Training Institute of the
Department of Legal Affairs. The owner or principal operator
must remain in substantial compliance with the assessment for
purposes of this paragraph.
(c)1. By January 1, 2025, the owner or principal operator
of a multifamily residential property provides proper crime
deterrence and safety training to its current employees. After
January 1, 2025, the owner or principal operator must provide

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such training to an employee within 60 days after his or her
hire date for purposes of this paragraph.
2. For purposes of this paragraph, “proper crime
deterrence and safety training” means training which trains and
familiarizes employees with the security principles, devices,
measures, and standards set forth under paragraph (a), and which
is reviewed at least every 3 years and updated as necessary. The
owner or principal operator may request a law enforcement agency
or the Florida Crime Prevention Through Environmental Design
Practitioner performing the assessment under paragraph (b) to
review the training curriculum.
(3) For purposes of establishing the presumption against
liability under subsection (2), the burden of proof is on the
owner or principal operator to demonstrate that the owner or
principal operator has substantially implemented the security
measures specified in subsection (2).
(4) The Florida Crime Prevention Training Institute of the
Department of Legal Affairs shall develop a proposed curriculum
or best practices for owners or principal operators to implement
such training. The state has no liability in connection with
providing a proposed training curriculum under this subsection.
(5) This section does not establish a private cause of
action.
Section 9. Subsection (2) of section 768.81, Florida
Statutes, is amended, and subsection (6) is added to that

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section, to read:
768.81 Comparative fault.—
(2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action,
contributory fault chargeable to the claimant diminishes
proportionately the amount awarded as economic and noneconomic
damages for an injury attributable to the claimant’s
contributory fault, but does not bar recovery, subject to
subsection (6).
(6) GREATER PERCENTAGE OF FAULT.—In a negligence action to
which this section applies, any party found to be greater than
50 percent at fault for his or her own harm may not recover any
damages. This subsection does not apply to an action for damages
for personal injury or wrongful death arising out of medical
negligence pursuant to chapter 766.
Section 10. Section 626.9373, Florida Statutes, is
repealed.
Section 11. Section 627.428, Florida Statutes, is
repealed.
Section 12. Subsection (1) of section 627.756, Florida
Statutes, is amended to read:
627.756 Bonds for construction contracts; attorney fees in
case of suit.—
(1) In a suit ~~Section 627.428 applies to suits~~ brought by
an owner, a contractor, a subcontractor, a laborer, or a
materialman ~~owners, contractors, subcontractors, laborers, and~~

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~~materialmen~~ against a surety insurer under payment or
performance bonds written by the insurer under the laws of this
state to indemnify against pecuniary loss by breach of a
building or construction contract, upon the rendition of a
judgment or decree by any of the courts of this state against
the surety insurer and in favor of the owner, contractor,
subcontractor, laborer, or materialman, the trial court or, in
the event of an appeal in which the owner, contractor,
subcontractor, laborer, or materialman prevails, the appellate
court, shall adjudge or decree against the surety insurer and in
favor of the owner, contractor, subcontractor, laborer, or
materialman a reasonable sum as fees or compensation for the
attorney prosecuting the suit in which the recovery is had.
~~Owners, contractors, subcontractors, laborers, and materialmen~~
~~shall be deemed to be insureds or beneficiaries for the purposes~~
~~of this section.~~
Section 13. Paragraphs (a) and (j) of subsection (1) of
section 475.01, Florida Statutes, are amended to read:
475.01 Definitions.—
(1) As used in this part:
(a) “Broker” means a person who, for another, and for a
compensation or valuable consideration directly or indirectly
paid or promised, expressly or impliedly, or with an intent to
collect or receive a compensation or valuable consideration
therefor, appraises, auctions, sells, exchanges, buys, rents, or

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offers, attempts or agrees to appraise, auction, or negotiate
the sale, exchange, purchase, or rental of business enterprises
or business opportunities or any real property or any interest
in or concerning the same, including mineral rights or leases,
or who advertises or holds out to the public by any oral or
printed solicitation or representation that she or he is engaged
in the business of appraising, auctioning, buying, selling,
exchanging, leasing, or renting business enterprises or business
opportunities or real property of others or interests therein,
including mineral rights, or who takes any part in the procuring
of sellers, purchasers, lessors, or lessees of business
enterprises or business opportunities or the real property of
another, or leases, or interest therein, including mineral
rights, or who directs or assists in the procuring of prospects
or in the negotiation or closing of any transaction which does,
or is calculated to, result in a sale, exchange, or leasing
thereof, and who receives, expects, or is promised any
compensation or valuable consideration, directly or indirectly
therefor; and all persons who advertise rental property
information or lists. A broker renders a professional service
and is a professional within the meaning of s. 95.11(4)(b) s.
~~95.11(4)(a)~~. Where the term “appraise” or “appraising” appears
in the definition of the term “broker,” it specifically excludes
those appraisal services which must be performed only by a
state-licensed or state-certified appraiser, and those appraisal

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services which may be performed by a registered trainee
appraiser as defined in part II. The term “broker” also includes
any person who is a general partner, officer, or director of a
partnership or corporation which acts as a broker. The term
“broker” also includes any person or entity who undertakes to
list or sell one or more timeshare periods per year in one or
more timeshare plans on behalf of any number of persons, except
as provided in ss. 475.011 and 721.20.
(j) “Sales associate” means a person who performs any act
specified in the definition of “broker,” but who performs such
act under the direction, control, or management of another
person. A sales associate renders a professional service and is
a professional within the meaning of s. 95.11(4)(b) s.
~~95.11(4)(a)~~.
Section 14. Paragraph (h) of subsection (1) of section
475.611, Florida Statutes, is amended to read:
475.611 Definitions.—
(1) As used in this part, the term:
(h) “Appraiser” means any person who is a registered
trainee real estate appraiser, a licensed real estate appraiser,
or a certified real estate appraiser. An appraiser renders a
professional service and is a professional within the meaning of
s. 95.11(4)(b) ~~s. 95.11(4)(a)~~.
Section 15. Subsection (7) of section 517. 191, Florida
Statutes, is amended to read:

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517.191 Injunction to restrain violations; civil
penalties; enforcement by Attorney General.—

828 (7) Notwithstanding s. 95.11(4)(f) ~~s. 95.11(4)(e)~~, an

enforcement action brought under this section based on a
violation of any provision of this chapter or any rule or order
issued under this chapter shall be brought within 6 years after
the facts giving rise to the cause of action were discovered or
should have been discovered with the exercise of due diligence,
but not more than 8 years after the date such violation
occurred.
Section 16. Subsection (4) of section 624.123, Florida
Statutes, is amended to read:
624.123 Certain international health insurance policies;
exemption from code.—
(4) Any international health insurance policy or
application solicited, provided, entered into, issued, or
delivered pursuant to this subsection is exempt from all
provisions of the insurance code, except that such policy,
contract, or agreement is subject to the provisions of ss.
624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521,
626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591,
626.9601, 627.413, 627.4145, ~~627.428,~~ and 627.6043.
Section 17. Subsection (4) of section 624.488, Florida
Statutes, is amended to read:
624.488 Applicability of related laws.—In addition to

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851	other provisions of the code cited in ss. 624.460-624.488:
852	(4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
853	627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, ~~627.428,~~
854	627.702, and 627.706; part XI of chapter 627; ss. 627.912,
855	627.913, and 627.918;
856
857	apply to self-insurance funds. Only those sections of the code
858	that are expressly and specifically cited in ss. 624.460 -624.489
859	apply to self-insurance funds.
860	Section 18. Paragraph (b) of subsection (3) of section
861	627.062, Florida Statutes, is amended to read:
862	627.062 Rate standards.—
863	(3)
864	(b) Individual risk rates and modifications to existing
865	approved forms are not subject to this part or part II, except
866	for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
867	627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
868	627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
869	627.4265, and 627.427, ~~and 627.428,~~ but are subject to all other
870	applicable provisions of this code and rules adopted thereunder.
871	Section 19. Subsections (3), (4), and (5) of section
872	627.401, Florida Statutes, are amended to read:
873	627.401 Scope of this part.—No provision of this part of
874	this chapter applies to:
875	(3) Wet marine and transportation insurance, except ss.

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876 627.409 and, 627.420~~, and 627.428~~.

877 (4) Title insurance, except ss. 627.406, 627.415, 627.416,

878 627.419, and 627.427~~, and 627.428~~.

879 (5) Credit life or credit disability insurance, except s.

880 627.419(5) ~~ss. 627.419(5) and 627.428~~.

Section 20. Subsection (2) of section 627.441, Florida
Statutes, is amended to read:
627.441 Commercial general liability policies; coverage to
contractors for completed operations.—
(2) A liability insurer must offer coverage at an
appropriate additional premium for liability arising out of
current or completed operations under an owner-controlled
insurance program for any period beyond the period for which the
program provides liability coverage, as specified in s.
255.0517(2)(b). The period of such coverage must be sufficient
to protect against liability arising out of an action brought
within the time limits provided in s. 95.11(3)(b) s.
~~95.11(3)(c)~~.
Section 21. Subsection (8) of section 627.727, Florida
Statutes, is amended to read:
627.727 Motor vehicle insurance; uninsured and
underinsured vehicle coverage; insolvent insurer protection.—
~~(8) The provisions of s. 627.428 do not apply to any~~
~~action brought pursuant to this section against the uninsured~~
~~motorist insurer unless there is a dispute over whether the~~

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~~policy provides coverage for an uninsured motorist proven to be~~
~~liable for the accident.~~
Section 22. Subsection (8) of section 627.736, Florida

904	Statutes, is	amended to read:
905	627.736	Required personal injury protection benefits;

exclusions; priority; claims.—
(8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.—
With respect to any dispute under the provisions of ss. 627.730 –
627.7405 between the insured and the insurer, or between an
assignee of an insured’s rights and the insurer, the provisions
of s. 768.79 ~~ss. 627.428 and 768.79~~ apply, except as provided in
subsections (10) and (15), and except that any attorney fees
recovered must:
(a) Comply with prevailing professional standards;
(b) Not overstate or inflate the number of hours
reasonably necessary for a case of comparable skill or
complexity; and
(c) Represent legal services that are reasonable and
necessary to achieve the result obtained. 920
Upon request by either party, a judge must make written
findings, substantiated by evidence presented at trial or any
hearings associated therewith, that any award of attorney fees
complies with this subsection. ~~Notwithstanding s. 627.428,~~
Attorney fees recovered under ss. 627.730-627.7405 must be

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calculated without regard to a contingency risk multiplier.
Section 23. Subsection (4) of section 628.6016, Florida
Statutes, is amended to read:
628.6016 Applicability of related laws.—In addition to
other provisions of the code cited in ss. 628.6011 -628.6018:

931 (4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418,

932 627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, ~~627.428,~~

933 627.702, and 627.706; part XI of chapter 627; ss. 627.912,

934 627.913, and 627.918; and

935

apply to assessable mutual insurers; however, ss. 628.255,
628.411, and 628.421 do not apply. No section of the code not
expressly and specifically cited in ss. 628.6011 -628.6018
applies to assessable mutual insurers. The term “assessable
mutual insurer” shall be substituted for the term “commercial
self-insurer” as appropriate.
Section 24. Section 631.70, Florida Statutes, is repealed.
Section 25. Section 631.926, Florida Statutes, is
repealed.
Section 26. Subsection (11) of section 632.638, Florida
Statutes, is amended to read:
632.638 Applicability of other code provisions.—In
addition to other provisions contained or referred to in this
chapter, the following chapters and provisions of this code
apply to fraternal benefit societies, to the extent applicable

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and not in conflict with the express provisions of this chapter
and the reasonable implications thereof:

953 ~~(11) Section 627.428;~~

Section 27. The Division of Law Revision is directed to
replace the phrase “the effective date of this act” wherever it
occurs in this act with the date this act becomes a law.
Section 28. The amendments made by this act to s. 95.11,
Florida Statutes, apply to causes of action accruing after the
effective date of this act.
Section 29. This act shall not be construed to impair any
right under an insurance contract in effect on or before the
effective date of this act. To the extent that this act affects
a right under an insurance contract, this act applies to an
insurance contract issued or renewed after the effective date of
this act.
Section 30. Except as otherwise expressly provided in this
act, this act shall apply to causes of action filed after the
effective date of this act.
Section 31. This act shall take effect upon becoming a
law.

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