10 Fla. L. Weekly Supp. 476a
Insurance — Personal injury protection — Error to enter summary judgment in favor of insurer due to failure of plaintiff medical provider to register under section 456.0375 within 60 days of effective date of statute where statute only requires that clinics file registration form with Department of Health within 60 days and, while evidence indicated that provider was not issued license within 60 days, there was no evidence that it did not file registration form within 60 days
HUMANITARY HEALTH CARE INC., Appellant, v. MGA INSURANCE CO., INC., Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 02-319 AP. L.C. Case No. 02-2505 SP 25(3). June 3, 2003. An Appeal from County Court of Miami-Dade County, Mercedes Bach, Judge. Counsel: Dennis A. Donet, Garcia-Vidal & Donet, LLP, for Appellant. Paul E. Susz, Paul E. Susz & Associates, for Appellee.
(Before TRAWICK, D., MURPHY, D., and DENNIS, M., JJ.)
(DENNIS, M., J.) Appellant Humanitary Health Care Inc. appeals an order for final summary judgment entered against it due to its failure to register under § 456.0375 of the Florida Statutes. The case below arose from a car accident, in which Appellee MGA Insurance Co. Inc.’s insured sustained injuries and was treated by Appellant Humanitary on October 10, 2001. The insured assigned his personal injury protection benefits to Appellant Humanitary. Appellant Humanitary sued Appellee MGA to recover the medical expenses. The court granted summary judgment in favor of Appellant Humanitary, which order is the subject of this appeal.
“The standard of review when reviewing the entry of summary judgment is de novo.” Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000). “When a statute commands that its provisions can only be met by following a specific method, and the evidence reveals that its requirements were not observed, summary judgment is appropriately entered because the controversy is considered one of law, and not one involving a disputed issue of material fact.” Travelers Insurance Co. v. Spencer, 397 So. 2d 358, 360 (Fla. 1st DCA 1981). See also Heekin v. CBS Broadcasting, Inc., 789 So. 2d 355, 359-60 (Fla. 2d DCA 2001); Greenberg v. Hall, Dickler, Kent, Friedman, and Wood, LLP, 718 So. 2d 337 (Fla. 3d DCA 1998); Star Lakes Estates Ass’n, Inc. v. Auerbach, 656 So. 2d 271 (Fla. 3d DCA 1995).
In the case at bar, § 456.0375 requires that certain clinics be registered and licensed by the Department of Health. See § 456.0375(1), Fla. Stat. (2001). Section 456.0375 became effective on October 1, 2001, and the statute specifically states that the clinics were required to “file the registration form with the department within 60 days after the effective date of this section or prior to the inception of operation.” See § 456.0375(2)(b)1., Fla. Stat. (2001).
In the case below, Appellee MGA argued in its motion for summary judgment that Appellant Humanitary was required to be registered by December 1, 2001. Appellee MGA attached to its brief a printout from the Department of Health’s web page as evidence that Appellant Humanitary’s license was issued on January 23, 2002. Appellee MGA’s argument is a misinterpretation of the plain language of the statute. Section 456.0375(2)(b)1 requires that the applicable clinics should have filed the registration form with the Department of Health by December 1, 2001. There is no evidence in the record to indicate that Appellant Humanitary failed to file the registration form by December 1, 2001. Therefore, there was no evidence for the trial court to rely upon to enter the summary judgment against Appellant Humanitary based on § 456.0375. The order entering summary judgment is reversed and remanded for further proceedings consistent with this order.
Upon remand, this court directs the lower court to calculate appellate attorney’s fees and costs for Appellant Humanitary pursuant to §§ 627.736 and 627.428 of the Florida Statutes. REVERSED and REMANDED. (TRAWICK, D. and MURPHY, D., JJ. concur.)
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