SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 793194
                            CHAMBER ACTION
              Senate                               House
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       04/30/2003 07:12 PM         .                    
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11  Senator Alexander moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 68, line 22, through page 75, line 15, delete
15  those lines,
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17  and insert:  
18         (13)(12)  CIVIL ACTION FOR INSURANCE FRAUD.--
19         (a)  An insurer shall have a cause of action against
20  any person convicted of, or who, regardless of adjudication of
21  guilt, pleads guilty or nolo contendere to insurance fraud
22  under s. 817.234, patient brokering under s. 817.505, or
23  kickbacks under s. 456.054, associated with a claim for
24  personal injury protection benefits in accordance with this
25  section.  An insurer prevailing in an action brought under
26  this subsection may recover compensatory, consequential, and
27  punitive damages subject to the requirements and limitations
28  of part II of chapter 768, and attorney's fees and costs
29  incurred in litigating a cause of action against any person
30  convicted of, or who, regardless of adjudication of guilt,
31  pleads guilty or nolo contendere to insurance fraud under s.
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    8:19 AM   04/28/03                               s1202.bi17.jj


                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 793194
 1  817.234, patient brokering under s. 817.505, or kickbacks
 2  under s. 456.054, associated with a claim for personal injury
 3  protection benefits in accordance with this section.
 4         (b)  Notwithstanding its payment, an insurer and
 5  insured shall not be precluded from maintaining a civil cause
 6  of action against any person or business entity to recover
 7  payments for services later determined to have been unlawfully
 8  rendered or otherwise in violation of any provision of this
 9  section.
10         (14)(15)  If the Financial Services Commission
11  determines
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14  ================ T I T L E   A M E N D M E N T ===============
15  And the title is amended as follows:
16         On page 2, lines 27-28, delete "providing requirements
17  for alternative dispute resolution;"
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    8:19 AM   04/28/03                               s1202.bi17.jj