SENATE AMENDMENT
Bill No. CS for CS for SB 1202
Amendment No. ___ Barcode 114812
CHAMBER ACTION
Senate House
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05/01/2003 11:14 AM .
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11 Senator Campbell moved the following amendment:
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13 Senate Amendment
14 On page 77, line 13, through
15 page 78, line 25, delete those lines
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17 and insert:
18 (8)(a) It is unlawful for any person intending to
19 defraud any other person, in his or her individual capacity or
20 in his or her capacity as a public or private employee, or for
21 any firm, corporation, partnership, or association, to solicit
22 or cause to be solicited any business from a person involved
23 in a motor vehicle accident by any means of communication
24 other than advertising directed to the public for the purpose
25 of making, adjusting, or settling motor vehicle tort claims or
26 claims for personal injury protection benefits required by s.
27 627.736. Charges for any services rendered by a health care
28 provider or attorney who violates this subsection in regard to
29 the person for whom such services were rendered are
30 noncompensable and unenforceable as a matter of law. Any
31 person who violates the provisions of this paragraph
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6:11 PM 04/28/03 s1202c2b-32m0a
SENATE AMENDMENT
Bill No. CS for CS for SB 1202
Amendment No. ___ Barcode 114812
1 subsection commits a felony of the second third degree,
2 punishable as provided in s. 775.082, s. 775.083, or s.
3 775.084. Such person shall be sentenced to a minimum term of
4 imprisonment of 2 years.
5 (b)1. It is unlawful for any person to solicit or
6 cause to be solicited any business from a person involved in a
7 motor vehicle accident, by any means of communication other
8 than advertising directed to the public, for the purpose of
9 making, adjusting or settling motor vehicle tort claims or
10 claims for personal injury protection benefits required by s.
11 627.736, within 60 days after the occurrence of the motor
12 vehicle accident. Any person who violates the provisions of
13 this subparagraph commits a felony of the third degree,
14 punishable as provided in s. 775.082, s. 773.083, or s.
15 775.084.
16 2. It is unlawful for any person, at any time after 60
17 days have elapsed from the occurrence of a motor vehicle
18 accident, to solicit or cause to be solicited any business
19 from a person involved in a motor vehicle accident, by means
20 of any personal or telephone contact at the person's
21 residence, other than by mail or by advertising directed to
22 the public, for the purpose of making, adjusting or settling
23 motor vehicle tort claims or claims for personal injury
24 protection benefits required by s. 627.736. Any person who
25 violates the provisions of this subparagraph commits a felony
26 of the third degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084.
28 (c) Charges for any service rendered by any person who
29 violates this subsection in regard to the person for whom such
30 services were rendered are noncompensable and unenforceable as
31 a matter of law. Any contract, release or other document
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6:11 PM 04/28/03 s1202c2b-32m0a
SENATE AMENDMENT
Bill No. CS for CS for SB 1202
Amendment No. ___ Barcode 114812
1 executed by a person involved in a motor vehicle accident, or
2 a family member of such person, related to a violation of this
3 section is unenforceable by the person who violated this
4 section or that person's principal or successor in interest.
5 (d) For purposes of this section, the term "solicit"
6 does not include an insurance company making contact with its
7 insured, nor does it include an insurance company making
8 contact with a person involved in a motor vehicle accident
9 where the person involved in a motor vehicle accident has
10 directly or indirectly requested to be contacted by the
11 insurance company.
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