THE BILL ITSELF
SB 926
Attorney Fees and Costs for Motor Vehicle Personal Injury Protection Benefits
Florida Senate - 2026 SB 926 By Senator Martin 33-01222-26 2026926__
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A bill to be entitled
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An act relating to attorney fees and costs for motor
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vehicle personal injury protection benefits; amending
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s. 627.736, F.S.; providing that prevailing parties in
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suits by certain health care providers for overdue
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medical benefits under motor vehicle personal injury
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protection policies are entitled to reasonable
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attorney fees and costs; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (f) is added to subsection (10) of
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section 627.736, Florida Statutes, and paragraph (a) of
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subsection (1) of that section is republished, to read:
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627.736 Required personal injury protection benefits;
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exclusions; priority; claims.—
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(1) REQUIRED BENEFITS.—An insurance policy complying with
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the security requirements of s. 627.733 must provide personal
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injury protection to the named insured, relatives residing in
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the same household unless excluded under s. 627.747, persons
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operating the insured motor vehicle, passengers in the motor
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vehicle, and other persons struck by the motor vehicle and
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suffering bodily injury while not an occupant of a self
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propelled vehicle, subject to subsection (2) and paragraph
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(4)(e), to a limit of $10,000 in medical and disability benefits
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and $5,000 in death benefits resulting from bodily injury,
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sickness, disease, or death arising out of the ownership,
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maintenance, or use of a motor vehicle as follows:
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(a) Medical benefits.—Eighty percent of all reasonable
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expenses for medically necessary medical, surgical, X-ray,
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dental, and rehabilitative services, including prosthetic
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devices and medically necessary ambulance, hospital, and nursing
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services if the individual receives initial services and care
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pursuant to subparagraph 1. within 14 days after the motor
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vehicle accident. The medical benefits provide reimbursement
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only for:
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1. Initial services and care that are lawfully provided,
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supervised, ordered, or prescribed by a physician licensed under
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chapter 458 or chapter 459, a dentist licensed under chapter
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466, a chiropractic physician licensed under chapter 460, or an
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advanced practice registered nurse registered under s. 464.0123
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or that are provided in a hospital or in a facility that owns,
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or is wholly owned by, a hospital. Initial services and care may
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also be provided by a person or entity licensed under part III
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of chapter 401 which provides emergency transportation and
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treatment.
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2. Upon referral by a provider described in subparagraph
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1., followup services and care consistent with the underlying
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medical diagnosis rendered pursuant to subparagraph 1. which may
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be provided, supervised, ordered, or prescribed only by a
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physician licensed under chapter 458 or chapter 459, a
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chiropractic physician licensed under chapter 460, a dentist
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licensed under chapter 466, or an advanced practice registered
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nurse registered under s. 464.0123, or, to the extent permitted
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by applicable law and under the supervision of such physician,
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osteopathic physician, chiropractic physician, or dentist, by a
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physician assistant licensed under chapter 458 or chapter 459 or
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an advanced practice registered nurse licensed under chapter
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464. Followup services and care may also be provided by the
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following persons or entities:
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a. A hospital or ambulatory surgical center licensed under
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chapter 395.
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b. An entity wholly owned by one or more physicians
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licensed under chapter 458 or chapter 459, chiropractic
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physicians licensed under chapter 460, advanced practice
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registered nurses registered under s. 464.0123, or dentists
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licensed under chapter 466 or by such practitioners and the
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spouse, parent, child, or sibling of such practitioners.
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c. An entity that owns or is wholly owned, directly or
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indirectly, by a hospital or hospitals.
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d. A physical therapist licensed under chapter 486, based
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upon a referral by a provider described in this subparagraph.
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e. A health care clinic licensed under part X of chapter
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400 which is accredited by an accrediting organization whose
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standards incorporate comparable regulations required by this
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state, or
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(I) Has a medical director licensed under chapter 458,
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chapter 459, or chapter 460;
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(II) Has been continuously licensed for more than 3 years
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or is a publicly traded corporation that issues securities
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traded on an exchange registered with the United States
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Securities and Exchange Commission as a national securities
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exchange; and
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(III) Provides at least four of the following medical
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specialties:
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(A) General medicine.
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(B) Radiography.
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(C) Orthopedic medicine.
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(D) Physical medicine.
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(E) Physical therapy.
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(F) Physical rehabilitation.
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(G) Prescribing or dispensing outpatient prescription
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medication.
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(H) Laboratory services.
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3. Reimbursement for services and care provided in
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subparagraph 1. or subparagraph 2. up to $10,000 if a physician
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licensed under chapter 458 or chapter 459, a dentist licensed
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under chapter 466, a physician assistant licensed under chapter
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458 or chapter 459, or an advanced practice registered nurse
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licensed under chapter 464 has determined that the injured
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person had an emergency medical condition.
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4. Reimbursement for services and care provided in
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subparagraph 1. or subparagraph 2. is limited to $2,500 if a
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provider listed in subparagraph 1. or subparagraph 2. determines
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that the injured person did not have an emergency medical
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condition.
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5. Medical benefits do not include massage therapy as
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defined in s. 480.033 or acupuncture as defined in s. 457.102,
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regardless of the person, entity, or licensee providing massage
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therapy or acupuncture, and a licensed massage therapist or
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licensed acupuncturist may not be reimbursed for medical
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benefits under this section.
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6. The Financial Services Commission shall adopt by rule
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the form that must be used by an insurer and a health care
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provider specified in sub-subparagraph 2.b., sub-subparagraph
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2.c., or sub-subparagraph 2.e. to document that the health care
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provider meets the criteria of this paragraph. Such rule must
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include a requirement for a sworn statement or affidavit.
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Only insurers writing motor vehicle liability insurance in this
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state may provide the required benefits of this section, and
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such insurer may not require the purchase of any other motor
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vehicle coverage other than the purchase of property damage
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liability coverage as required by s. 627.7275 as a condition for
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providing such benefits. Insurers may not require that property
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damage liability insurance in an amount greater than $10,000 be
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purchased in conjunction with personal injury protection. Such
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insurers shall make benefits and required property damage
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liability insurance coverage available through normal marketing
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channels. An insurer writing motor vehicle liability insurance
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in this state who fails to comply with such availability
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requirement as a general business practice violates part IX of
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chapter 626, and such violation constitutes an unfair method of
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competition or an unfair or deceptive act or practice involving
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the business of insurance. An insurer committing such violation
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is subject to the penalties provided under that part, as well as
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those provided elsewhere in the insurance code.
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(10) DEMAND LETTER ; ATTORNEY FEES AND COSTS .—
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(f) If the insurer fails to pay an overdue medical benefit
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for any service or care described in subparagraph (1)(a)1. or
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subparagraph (1)(a)2. and the provider who rendered the service
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or care files a lawsuit, the prevailing party, by judgment or
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decree at the trial or appellate court, is entitled to
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reasonable attorney fees and costs.
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Section 2. This act shall take effect July 1, 2026.