Bill Text: FL S1668 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Damages
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2020-03-14 - Died in Banking and Insurance [S1668 Detail]
Download: Florida-2020-S1668-Introduced.html
Bill Title: Damages
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2020-03-14 - Died in Banking and Insurance [S1668 Detail]
Download: Florida-2020-S1668-Introduced.html
Florida Senate - 2020 SB 1668 By Senator Simmons 9-01516A-20 20201668__ 1 A bill to be entitled 2 An act relating to damages; amending s. 768.042, F.S.; 3 requiring that certain medical expenses in personal 4 injury claims be based on certain usual and customary 5 charges; specifying what constitutes a usual and 6 customary charge; deleting an obsolete provision; 7 providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 768.042, Florida Statutes, is amended to 12 read: 13 768.042 Damages.— 14 (1) In any action brought in the circuit court to recover 15 damages for personal injury or wrongful death, the amount of 16 general damages shall not be stated in the complaint, but the 17 amount of special damages, if any, may be specifically pleaded 18 and the requisite jurisdictional amount established for filing 19 in any court of competent jurisdiction. 20 (2) In any claim for damages relating to personal injury to 21 a claimant, evidence regarding the past, present, or future 22 medical expenses must be based on the usual and customary 23 charges in the community where the medical expenses are, or are 24 reasonably probable to be, incurred. Evidence of usual and 25 customary charges may not include evidence of increased or 26 additional charges based on the outcome of the litigation. If 27 the claimant is entitled to be reimbursed through any public or 28 private health insurance or governmental health coverage, the 29 amounts paid or payable under the insurance or governmental 30 health coverage shall be the usual and customary medical charges 31The provisions of this section shall not apply to any complaint32filed prior to May 20, 1975. 33 Section 2. This act shall take effect July 1, 2020.