Florida SB 1558: Offenses Against Members of the Press

Bill Text

1558 
Admissible Evidence in Personal Injury or Wrongful Death Actions 
2026-01-09T03:41:28Z 
Providing that evidence admissible in personal injury or wrongful death actions may be used for rebutting, as well as for proving, the amount of certain damages; providing that such evidence may be offered by any party, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1558 

 By Senator Massullo 

 11-01570A-26 20261558__ 
 1 A bill to be entitled 
 2 An act relating to admissible evidence in personal 
 3 injury or wrongful death actions; amending s. 
 4 768.0427, F.S.; providing that evidence admissible in 
 5 personal injury or wrongful death actions may be used 
 6 for rebutting, as well as for proving, the amount of 
 7 certain damages; providing that such evidence may be 
 8 offered by any party; revising construction; providing 
 9 applicability and legislative intent; providing an 
 10 effective date. 
 11 
 12 Be It Enacted by the Legislature of the State of Florida: 
 13 
 14 Section 1. Subsection (2) of section 768.0427, Florida 
 15 Statutes, is amended to read: 
 16 768.0427 Admissibility of evidence to prove medical 
 17 expenses in personal injury or wrongful death actions; 
 18 disclosure of letters of protection; recovery of past and future 
 19 medical expenses damages.— 
 20 (2) ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE 
 21 EXPENSES.—Evidence offered to prove or rebut the amount of 
 22 damages for past or future medical treatment or services in a 
 23 personal injury or wrongful death action is admissible as 
 24 follows: provided in this subsection. 
 25 (a) Evidence offered to prove the amount of damages for 
 26 past medical treatment or services that have been satisfied is 
 27 limited to evidence of the amount actually paid, regardless of 
 28 the source of payment. 
 29 (b) Evidence any party may offer offered to prove or rebut 
 30 the amount necessary to satisfy unpaid charges for incurred 
 31 medical treatment or services includes shall include, but is not 
 32 limited to, evidence as provided in this paragraph. 
 33 1. If the claimant has health care coverage other than 
 34 Medicare or Medicaid, evidence of the amount which such health 
 35 care coverage is obligated to pay the health care provider to 
 36 satisfy the charges for the claimant’s incurred medical 
 37 treatment or services, plus the claimant’s share of medical 
 38 expenses under the insurance contract or regulation. 
 39 2. If the claimant has health care coverage but obtains 
 40 treatment under a letter of protection or otherwise does not 
 41 submit charges for any health care provider’s medical treatment 
 42 or services to health care coverage, evidence of the amount the 
 43 claimant’s health care coverage would pay the health care 
 44 provider to satisfy the past unpaid medical charges under the 
 45 insurance contract or regulation, plus the claimant’s share of 
 46 medical expenses under the insurance contract or regulation, had 
 47 the claimant obtained medical services or treatment pursuant to 
 48 the health care coverage. 
 49 3. If the claimant does not have health care coverage or 
 50 has health care coverage through Medicare or Medicaid, evidence 
 51 of 120 percent of the Medicare reimbursement rate in effect on 
 52 the date of the claimant’s incurred medical treatment or 
 53 services, or, if there is no applicable Medicare rate for a 
 54 service, 170 percent of the applicable state Medicaid rate. 
 55 4. If the claimant obtains medical treatment or services 
 56 under a letter of protection and the health care provider 
 57 subsequently transfers the right to receive payment under the 
 58 letter of protection to a third party, evidence of the amount 
 59 the third party paid or agreed to pay the health care provider 
 60 in exchange for the right to receive payment pursuant to the 
 61 letter of protection. 
 62 5. Any evidence of reasonable amounts billed to the 
 63 claimant for medically necessary treatment or medically 
 64 necessary services provided to the claimant. 
 65 (c) Evidence any party may offer offered to prove or rebut 
 66 the amount of damages for any future medical treatment or 
 67 services the claimant will receive includes shall include, but 
 68 is not limited to, evidence as provided in this paragraph. 
 69 1. If the claimant has health care coverage other than 
 70 Medicare or Medicaid, or is eligible for any such health care 
 71 coverage, evidence of the amount for which the future charges of 
 72 health care providers could be satisfied if submitted to such 
 73 health care coverage, plus the claimant’s share of medical 
 74 expenses under the insurance contract or regulation. 
 75 2. If the claimant does not have health care coverage or 
 76 has health care coverage through Medicare or Medicaid, or is 
 77 eligible for such health care coverage, evidence of 120 percent 
 78 of the Medicare reimb