Senate Bill sb1694er
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1
2 An act relating to insurance fraud; providing a
3 short title; amending s. 624.155, F.S.;
4 providing a civil remedy for consumers against
5 unauthorized insurers for unpaid claims;
6 amending s. 624.310, F.S.; prohibiting certain
7 persons under disciplinary sanctions from
8 participating in the insurance business;
9 providing penalties; amending s. 624.401, F.S.;
10 providing criminal penalties for an entity
11 transacting insurance without a certificate of
12 authority; amending s. 629.989, F.S.; revising
13 provisions governing the powers of arrest of
14 the investigators of the Division of Insurance
15 Fraud; creating s. 817.413, F.S.; prohibiting
16 certain sales of used motor vehicle goods as
17 new; providing penalties; amending s. 860.15,
18 F.S.; increasing the penalty for certain
19 overcharges for motor vehicle repairs or parts;
20 amending s. 921.0022, F.S.; revising the
21 offense severity ranking chart of the Criminal
22 Punishment Code to reflect changes in
23 penalties; providing for severability;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. This act may be cited as the "Pete Orr
29 Insurance Anti-Fraud Act."
30 Section 2. Section 624.155, Florida Statutes, is
31 amended to read:
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1 624.155 Civil remedy.--
2 (1) Any person may bring a civil action against an
3 insurer when such person is damaged:
4 (a) By a violation of any of the following provisions
5 by the insurer:
6 1. Section 626.9541(1)(i), (o), or (x);
7 2. Section 626.9551;
8 3. Section 626.9705;
9 4. Section 626.9706;
10 5. Section 626.9707; or
11 6. Section 627.7283.
12 (b) By the commission of any of the following acts by
13 the insurer:
14 1. Not attempting in good faith to settle claims when,
15 under all the circumstances, it could and should have done so,
16 had it acted fairly and honestly toward its insured and with
17 due regard for her or his interests;
18 2. Making claims payments to insureds or beneficiaries
19 not accompanied by a statement setting forth the coverage
20 under which payments are being made; or
21 3. Except as to liability coverages, failing to
22 promptly settle claims, when the obligation to settle a claim
23 has become reasonably clear, under one portion of the
24 insurance policy coverage in order to influence settlements
25 under other portions of the insurance policy coverage.
26
27 Notwithstanding the provisions of the above to the contrary, a
28 person pursuing a remedy under this section need not prove
29 that such act was committed or performed with such frequency
30 as to indicate a general business practice.
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1 (2) Any party may bring a civil action against an
2 unauthorized insurer if such party is damaged by a violation
3 of s. 624.401 by the unauthorized insurer.
4 (3)(2)(a) As a condition precedent to bringing an
5 action under this section, the department and the authorized
6 insurer must have been given 60 days' written notice of the
7 violation. If the department returns a notice for lack of
8 specificity, the 60-day time period shall not begin until a
9 proper notice is filed.
10 (b) The notice shall be on a form provided by the
11 department and shall state with specificity the following
12 information, and such other information as the department may
13 require:
14 1. The statutory provision, including the specific
15 language of the statute, which the authorized insurer
16 allegedly violated.
17 2. The facts and circumstances giving rise to the
18 violation.
19 3. The name of any individual involved in the
20 violation.
21 4. Reference to specific policy language that is
22 relevant to the violation, if any. If the person bringing the
23 civil action is a third party claimant, she or he shall not be
24 required to reference the specific policy language if the
25 authorized insurer has not provided a copy of the policy to
26 the third party claimant pursuant to written request.
27 5. A statement that the notice is given in order to
28 perfect the right to pursue the civil remedy authorized by
29 this section.
30 (c) Within 20 days of receipt of the notice, the
31 department may return any notice that does not provide the
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1 specific information required by this section, and the
2 department shall indicate the specific deficiencies contained
3 in the notice. A determination by the department to return a
4 notice for lack of specificity shall be exempt from the
5 requirements of chapter 120.
6 (d) No action shall lie if, within 60 days after
7 filing notice, the damages are paid or the circumstances
8 giving rise to the violation are corrected.
9 (e) The authorized insurer that is the recipient of a
10 notice filed pursuant to this section shall report to the
11 department on the disposition of the alleged violation.
12 (f) The applicable statute of limitations for an
13 action under this section shall be tolled for a period of 65
14 days by the mailing of the notice required by this subsection
15 or the mailing of a subsequent notice required by this
16 subsection.
17 (4)(3) Upon adverse adjudication at trial or upon
18 appeal, the authorized insurer shall be liable for damages,
19 together with court costs and reasonable attorney's fees
20 incurred by the plaintiff.
21 (5)(4) No punitive damages shall be awarded under this
22 section unless the acts giving rise to the violation occur
23 with such frequency as to indicate a general business practice
24 and these acts are:
25 (a) Willful, wanton, and malicious;
26 (b) In reckless disregard for the rights of any
27 insured; or
28 (c) In reckless disregard for the rights of a
29 beneficiary under a life insurance contract.
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1 Any person who pursues a claim under this subsection shall
2 post in advance the costs of discovery. Such costs shall be
3 awarded to the authorized insurer if no punitive damages are
4 awarded to the plaintiff.
5 (6)(5) This section shall not be construed to
6 authorize a class action suit against an authorized insurer or
7 a civil action against the department, its employees, or the
8 Insurance Commissioner, or to create a cause of action when an
9 authorized a health insurer refuses to pay a claim for
10 reimbursement on the ground that the charge for a service was
11 unreasonably high or that the service provided was not
12 medically necessary.
13 (7)(6) In the absence of expressed language to the
14 contrary, this section shall not be construed to authorize a
15 civil action or create a cause of action against an authorized
16 insurer or its employees who, in good faith, release
17 information about an insured or an insurance policy to a law
18 enforcement agency in furtherance of an investigation of a
19 criminal or fraudulent act relating to a motor vehicle theft
20 or a motor vehicle insurance claim.
21 (8)(7) The civil remedy specified in this section does
22 not preempt any other remedy or cause of action provided for
23 pursuant to any other statute or pursuant to the common law of
24 this state. Any person may obtain a judgment under either the
25 common-law remedy of bad faith or this statutory remedy, but
26 shall not be entitled to a judgment under both remedies. This
27 section shall not be construed to create a common-law cause of
28 action. The damages recoverable pursuant to this section
29 shall include those damages which are a reasonably foreseeable
30 result of a specified violation of this section by the
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1 authorized insurer and may include an award or judgment in an
2 amount that exceeds the policy limits.
3 Section 3. Subsection (8) is added to section 624.310,
4 Florida Statutes, to read:
5 624.310 Enforcement; cease and desist orders; removal
6 of certain persons; fines.--
7 (8) CRIMINAL ENFORCEMENT.--It is unlawful for any
8 affiliated party who is removed or prohibited from
9 participation in the affairs of a licensee pursuant to this
10 section, or for any licensee whose rights or privileges under
11 such license have been suspended or revoked pursuant to the
12 Florida Insurance Code, to knowingly act as an affiliated
13 party as defined in this section or to knowingly transact
14 insurance as defined in s. 624.10 until expressly authorized
15 to do so by the department or office. Such authorization by
16 the department or office may not be provided unless the
17 affiliated party or the licensee has made restitution, if
18 applicable, to all parties damaged by the actions of the
19 affiliated party or the licensee which served as the basis for
20 the removal or prohibition of the affiliated party or the
21 suspension or revocation of the rights and privileges of the
22 licensee. Any person who violates the provisions of this
23 subsection commits a felony of the third degree, punishable as
24 provided in s. 775.082, s. 775.083 or s. 775.084.
25 Section 4. Section 624.401, Florida Statutes, is
26 amended to read:
27 624.401 Certificate of authority required.--
28 (1) No person shall act as an insurer, and no insurer
29 or its agents, attorneys, subscribers, or representatives
30 shall directly or indirectly transact insurance, in this state
31 except as authorized by a subsisting certificate of authority
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1 issued to the insurer by the department, except as to such
2 transactions as are expressly otherwise provided for in this
3 code.
4 (2) No insurer shall from offices or by personnel or
5 facilities located in this state solicit insurance
6 applications or otherwise transact insurance in another state
7 or country unless it holds a subsisting certificate of
8 authority issued to it by the department authorizing it to
9 transact the same kind or kinds of insurance in this state.
10 (3) This state hereby preempts the field of regulating
11 insurers and their agents and representatives; and no county,
12 city, municipality, district, school district, or political
13 subdivision shall require of any insurer, agent, or
14 representative regulated under this code any authorization,
15 permit, or registration of any kind for conducting
16 transactions lawful under the authority granted by the state
17 under this code.
18 (4)(a) Any person who acts as an insurer, transacts
19 insurance, or otherwise engages in insurance activities in
20 this state without a certificate of authority in violation of
21 this section commits a felony of the third degree, punishable
22 as provided in s. 775.082, s. 775.083, or s. 775.084.
23 (b) However, any person acting as an insurer without a
24 valid certificate of authority, who violates this section
25 commits insurance fraud, punishable as provided in this
26 paragraph. If the amount of any insurance premium collected
27 with respect to any violation of this section:
28 1. Is less than $20,000, the offender commits a felony
29 of the third degree, punishable as provided in s. 775.082, s.
30 775.083, or s. 775.084, and the offender shall be sentenced to
31 a minimum term of imprisonment of 1 year.
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1 2. Is $20,000 or more, but less than $100,000, the
2 offender commits a felony of the second degree, punishable as
3 provided in s. 775.082, s. 775.083, or s. 775.084, and the
4 offender shall be sentenced to a minimum term of imprisonment
5 of 18 months.
6 3. Is $100,000 or more, the offender commits a felony
7 of the first degree, punishable as provided in s. 775.082, s.
8 775.083, or s. 775.084, and the offender shall be sentenced to
9 a minimum term of imprisonment of 2 years.
10 Section 5. Subsection (7) of section 626.989, Florida
11 Statutes, is amended to read:
12 626.989 Investigation by department or Division of
13 Insurance Fraud; compliance; immunity; confidential
14 information; reports to division; division investigator's
15 power of arrest.--
16 (7) Division investigators shall have the power to
17 make arrests for criminal violations established as a result
18 of investigations only. The general laws applicable to arrests
19 by law enforcement officers of this state shall also be
20 applicable to such investigators. Such investigators shall
21 also be considered state law enforcement officers for all
22 purposes and shall have the power to execute arrest warrants
23 and search warrants for the same criminal violations; to serve
24 subpoenas issued for the examination, investigation, and trial
25 of all offenses determined by their investigations; and to
26 arrest upon probable cause without warrant any person found in
27 the act of violating any of the provisions of applicable laws.
28 Investigators empowered to make arrests under this section
29 shall be empowered to bear arms in the performance of their
30 duties. In such a situation, the investigator must be
31 certified in compliance with the provisions of s. 943.1395 or
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1 must meet the temporary employment or appointment exemption
2 requirements of s. 943.131 until certified.
3 Section 6. Section 817.413, Florida Statutes, is
4 created to read:
5 817.413 Sale of used motor vehicle goods as new;
6 penalty.--
7 (1) With respect to a transaction for which any
8 charges will be paid from the proceeds of a motor vehicle
9 insurance policy, and in which the purchase price of motor
10 vehicle goods exceeds $100, it is unlawful for the seller to
11 knowingly misrepresent orally, in writing, or by failure to
12 speak, that the goods are new or original when they are used
13 or repossessed or have been used for sales demonstration.
14 (2) A person who violates the provisions of this
15 section commits a felony of the third degree, punishable as
16 provided in s. 775.082, s. 775.083, or s. 775.084.
17 Section 7. Subsection (3) is added to section 860.15,
18 Florida Statutes, to read:
19 860.15 Overcharging for repairs and parts; penalty.--
20 (3) If the charges referred to in subsection (1) will
21 be paid from the proceeds of a motor vehicle insurance policy,
22 a person willfully violating the provisions of this section
23 commits a felony of the third degree, punishable as provided
24 in s. 775.082, s. 775.083, or s. 775.084.
25 Section 8. Paragraphs (c), (e), and (g) of subsection
26 (3) of section 921.0022, Florida Statutes, are amended to
27 read:
28 921.0022 Criminal Punishment Code; offense severity
29 ranking chart.--
30 (3) OFFENSE SEVERITY RANKING CHART
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1 Florida Felony
2 Statute Degree Description
3
4
5 (c) LEVEL 3
6 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
7 316.1935(2) 3rd Fleeing or attempting to elude
8 law enforcement officer in marked
9 patrol vehicle with siren and
10 lights activated.
11 319.30(4) 3rd Possession by junkyard of motor
12 vehicle with identification
13 number plate removed.
14 319.33(1)(a) 3rd Alter or forge any certificate of
15 title to a motor vehicle or
16 mobile home.
17 319.33(1)(c) 3rd Procure or pass title on stolen
18 vehicle.
19 319.33(4) 3rd With intent to defraud, possess,
20 sell, etc., a blank, forged, or
21 unlawfully obtained title or
22 registration.
23 327.35(2)(b) 3rd Felony BUI.
24 328.05(2) 3rd Possess, sell, or counterfeit
25 fictitious, stolen, or fraudulent
26 titles or bills of sale of
27 vessels.
28 328.07(4) 3rd Manufacture, exchange, or possess
29 vessel with counterfeit or wrong
30 ID number.
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1 376.302(5) 3rd Fraud related to reimbursement
2 for cleanup expenses under the
3 Inland Protection Trust Fund.
4 501.001(2)(b) 2nd Tampers with a consumer product
5 or the container using materially
6 false/misleading information.
7 624.401(4)(a) 3rd Transacting insurance without a
8 certificate of authority.
9 624.401(4)(b)1. 3rd Transacting insurance without a
10 certificate of authority; premium
11 collected less than $20,000.
12 626.902(1)(a)&(b) 3rd Representing an unauthorized
13 insurer.
14 697.08 3rd Equity skimming.
15 790.15(3) 3rd Person directs another to
16 discharge firearm from a vehicle.
17 796.05(1) 3rd Live on earnings of a prostitute.
18 806.10(1) 3rd Maliciously injure, destroy, or
19 interfere with vehicles or
20 equipment used in firefighting.
21 806.10(2) 3rd Interferes with or assaults
22 firefighter in performance of
23 duty.
24 810.09(2)(c) 3rd Trespass on property other than
25 structure or conveyance armed
26 with firearm or dangerous weapon.
27 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
28 less than $10,000.
29 812.0145(2)(c) 3rd Theft from person 65 years of age
30 or older; $300 or more but less
31 than $10,000.
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1 815.04(4)(b) 2nd Computer offense devised to
2 defraud or obtain property.
3 817.034(4)(a)3. 3rd Engages in scheme to defraud
4 (Florida Communications Fraud
5 Act), property valued at less
6 than $20,000.
7 817.233 3rd Burning to defraud insurer.
8 817.234(8)&(9) 3rd Unlawful solicitation of persons
9 involved in motor vehicle
10 accidents.
11 817.234(11)(a) 3rd Insurance fraud; property value
12 less than $20,000.
13 817.413(2) 3rd Sale of used goods as new.
14 817.505(4) 3rd Patient brokering.
15 828.12(2) 3rd Tortures any animal with intent
16 to inflict intense pain, serious
17 physical injury, or death.
18 831.28(2)(a) 3rd Counterfeiting a payment
19 instrument with intent to defraud
20 or possessing a counterfeit
21 payment instrument.
22 831.29 2nd Possession of instruments for
23 counterfeiting drivers' licenses
24 or identification cards.
25 838.021(3)(b) 3rd Threatens unlawful harm to public
26 servant.
27 843.19 3rd Injure, disable, or kill police
28 dog or horse.
29 860.15(3) 3rd Overcharging for repairs and
30 parts.
31 870.01(2) 3rd Riot; inciting or encouraging.
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1 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.,
6 (3), or (4) drugs).
7 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs within 200 feet
12 of university or public park.
13 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
14 893.03(1)(c), (2)(c)1., (2)(c)2.,
15 (2)(c)3., (2)(c)5., (2)(c)6.,
16 (2)(c)7., (2)(c)8., (2)(c)9.,
17 (3), or (4) drugs within 200 feet
18 of public housing facility.
19 893.13(6)(a) 3rd Possession of any controlled
20 substance other than felony
21 possession of cannabis.
22 893.13(7)(a)8. 3rd Withhold information from
23 practitioner regarding previous
24 receipt of or prescription for a
25 controlled substance.
26 893.13(7)(a)9. 3rd Obtain or attempt to obtain
27 controlled substance by fraud,
28 forgery, misrepresentation, etc.
29 893.13(7)(a)10. 3rd Affix false or forged label to
30 package of controlled substance.
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1 893.13(7)(a)11. 3rd Furnish false or fraudulent
2 material information on any
3 document or record required by
4 chapter 893.
5 893.13(8)(a)1. 3rd Knowingly assist a patient, other
6 person, or owner of an animal in
7 obtaining a controlled substance
8 through deceptive, untrue, or
9 fraudulent representations in or
10 related to the practitioner's
11 practice.
12 893.13(8)(a)2. 3rd Employ a trick or scheme in the
13 practitioner's practice to assist
14 a patient, other person, or owner
15 of an animal in obtaining a
16 controlled substance.
17 893.13(8)(a)3. 3rd Knowingly write a prescription
18 for a controlled substance for a
19 fictitious person.
20 893.13(8)(a)4. 3rd Write a prescription for a
21 controlled substance for a
22 patient, other person, or an
23 animal if the sole purpose of
24 writing the prescription is a
25 monetary benefit for the
26 practitioner.
27 918.13(1)(a) 3rd Alter, destroy, or conceal
28 investigation evidence.
29 944.47
30 (1)(a)1.-2. 3rd Introduce contraband to
31 correctional facility.
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1 944.47(1)(c) 2nd Possess contraband while upon the
2 grounds of a correctional
3 institution.
4 985.3141 3rd Escapes from a juvenile facility
5 (secure detention or residential
6 commitment facility).
7 (e) LEVEL 5
8 316.027(1)(a) 3rd Accidents involving personal
9 injuries, failure to stop;
10 leaving scene.
11 316.1935(4) 2nd Aggravated fleeing or eluding.
12 322.34(6) 3rd Careless operation of motor
13 vehicle with suspended license,
14 resulting in death or serious
15 bodily injury.
16 327.30(5) 3rd Vessel accidents involving
17 personal injury; leaving scene.
18 381.0041
19 (11)(b) 3rd Donate blood, plasma, or organs
20 knowing HIV positive.
21 624.401(4)(b)2 2nd Transacting insurance without a
22 certificate or authority; premium
23 collected $20,000 or more but
24 less than $100,000.
25 626.902(1)(c) 2nd Representing an unauthorized
26 insurer; repeat offender.
27 790.01(2) 3rd Carrying a concealed firearm.
28 790.162 2nd Threat to throw or discharge
29 destructive device.
30 790.163(1) 2nd False report of deadly explosive
31 or weapon of mass destruction.
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1 790.221(1) 2nd Possession of short-barreled
2 shotgun or machine gun.
3 790.23 2nd Felons in possession of firearms
4 or electronic weapons or devices.
5 800.04(6)(c) 3rd Lewd or lascivious conduct;
6 offender less than 18 years.
7 800.04(7)(c) 2nd Lewd or lascivious exhibition;
8 offender 18 years or older.
9 806.111(1) 3rd Possess, manufacture, or dispense
10 fire bomb with intent to damage
11 any structure or property.
12 812.0145(2)(b) 2nd Theft from person 65 years of age
13 or older; $10,000 or more but
14 less than $50,000.
15 812.015(8) 3rd Retail theft; property stolen is
16 valued at $300 or more and one or
17 more specified acts.
18 812.019(1) 2nd Stolen property; dealing in or
19 trafficking in.
20 812.131(2)(b) 3rd Robbery by sudden snatching.
21 812.16(2) 3rd Owning, operating, or conducting
22 a chop shop.
23 817.034(4)(a)2. 2nd Communications fraud, value
24 $20,000 to $50,000.
25 817.234(11)(b) 2nd Insurance fraud; property value
26 $20,000 or more but less than
27 $100,000.
28 817.2341(1)
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1 (2)(a)&(3)(a) 3rd Filing false financial
2 statements, making false entries
3 of material fact or false
4 statements regarding property
5 values relating to the solvency
6 of an insuring entity
7 817.568(2)(b) 2nd Fraudulent use of personal
8 identification information; value
9 of benefit, services received,
10 payment avoided, or amount of
11 injury or fraud, $75,000 or more.
12 817.625(2)(b) 2nd Second or subsequent fraudulent
13 use of scanning device or
14 reencoder.
15 825.1025(4) 3rd Lewd or lascivious exhibition in
16 the presence of an elderly person
17 or disabled adult.
18 827.071(4) 2nd Possess with intent to promote
19 any photographic material, motion
20 picture, etc., which includes
21 sexual conduct by a child.
22 839.13(2)(b) 2nd Falsifying records of an
23 individual in the care and
24 custody of a state agency
25 involving great bodily harm or
26 death.
27 843.01 3rd Resist officer with violence to
28 person; resist arrest with
29 violence.
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1 874.05(2) 2nd Encouraging or recruiting another
2 to join a criminal street gang;
3 second or subsequent offense.
4 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
5 cocaine (or other s.
6 893.03(1)(a), (1)(b), (1)(d),
7 (2)(a), (2)(b), or (2)(c)4.
8 drugs).
9 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
10 cannabis (or other s.
11 893.03(1)(c), (2)(c)1., (2)(c)2.,
12 (2)(c)3., (2)(c)5., (2)(c)6.,
13 (2)(c)7., (2)(c)8., (2)(c)9.,
14 (3), or (4) drugs) within 1,000
15 feet of a child care facility or
16 school.
17 893.13(1)(d)1. 1st Sell, manufacture, or deliver
18 cocaine (or other s.
19 893.03(1)(a), (1)(b), (1)(d),
20 (2)(a), (2)(b), or (2)(c)4.
21 drugs) within 200 feet of
22 university or public park.
23 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
24 cannabis or other drug prohibited
25 under s. 893.03(1)(c), (2)(c)1.,
26 (2)(c)2., (2)(c)3., (2)(c)5.,
27 (2)(c)6., (2)(c)7., (2)(c)8.,
28 (2)(c)9., (3), or (4) within
29 1,000 feet of property used for
30 religious services or a specified
31 business site.
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1 893.13(1)(f)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d), or
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 200 feet of public
6 housing facility.
7 893.13(4)(b) 2nd Deliver to minor cannabis (or
8 other s. 893.03(1)(c), (2)(c)1.,
9 (2)(c)2., (2)(c)3., (2)(c)5.,
10 (2)(c)6., (2)(c)7., (2)(c)8.,
11 (2)(c)9., (3), or (4) drugs).
12 (g) LEVEL 7
13 316.193(3)(c)2. 3rd DUI resulting in serious bodily
14 injury.
15 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
16 bodily injury.
17 402.319(2) 2nd Misrepresentation and negligence
18 or intentional act resulting in
19 great bodily harm, permanent
20 disfiguration, permanent
21 disability, or death.
22 409.920(2) 3rd Medicaid provider fraud.
23 456.065(2) 3rd Practicing a health care
24 profession without a license.
25 456.065(2) 2nd Practicing a health care
26 profession without a license
27 which results in serious bodily
28 injury.
29 458.327(1) 3rd Practicing medicine without a
30 license.
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1 459.013(1) 3rd Practicing osteopathic medicine
2 without a license.
3 460.411(1) 3rd Practicing chiropractic medicine
4 without a license.
5 461.012(1) 3rd Practicing podiatric medicine
6 without a license.
7 462.17 3rd Practicing naturopathy without a
8 license.
9 463.015(1) 3rd Practicing optometry without a
10 license.
11 464.016(1) 3rd Practicing nursing without a
12 license.
13 465.015(2) 3rd Practicing pharmacy without a
14 license.
15 466.026(1) 3rd Practicing dentistry or dental
16 hygiene without a license.
17 467.201 3rd Practicing midwifery without a
18 license.
19 468.366 3rd Delivering respiratory care
20 services without a license.
21 483.828(1) 3rd Practicing as clinical laboratory
22 personnel without a license.
23 483.901(9) 3rd Practicing medical physics
24 without a license.
25 484.013(1)(c) 3rd Preparing or dispensing optical
26 devices without a prescription.
27 484.053 3rd Dispensing hearing aids without a
28 license.
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 560.123(8)(b)1. 3rd Failure to report currency or
8 payment instruments exceeding
9 $300 but less than $20,000 by
10 money transmitter.
11 560.125(5)(a) 3rd Money transmitter business by
12 unauthorized person, currency or
13 payment instruments exceeding
14 $300 but less than $20,000.
15 655.50(10)(b)1. 3rd Failure to report financial
16 transactions exceeding $300 but
17 less than $20,000 by financial
18 institution.
19 782.051(3) 2nd Attempted felony murder of a
20 person by a person other than the
21 perpetrator or the perpetrator of
22 an attempted felony.
23 782.07(1) 2nd Killing of a human being by the
24 act, procurement, or culpable
25 negligence of another
26 (manslaughter).
27 782.071 2nd Killing of human being or viable
28 fetus by the operation of a motor
29 vehicle in a reckless manner
30 (vehicular homicide).
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1 782.072 2nd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.074(1)(a) 1st Aggravated battery on sexually
17 violent predators facility staff.
18 784.08(2)(a) 1st Aggravated battery on a person 65
19 years of age or older.
20 784.081(1) 1st Aggravated battery on specified
21 official or employee.
22 784.082(1) 1st Aggravated battery by detained
23 person on visitor or other
24 detainee.
25 784.083(1) 1st Aggravated battery on code
26 inspector.
27 790.07(4) 1st Specified weapons violation
28 subsequent to previous conviction
29 of s. 790.07(1) or (2).
30 790.16(1) 1st Discharge of a machine gun under
31 specified circumstances.
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1 790.165(2) 2nd Manufacture, sell, possess, or
2 deliver hoax bomb.
3 790.165(3) 2nd Possessing, displaying, or
4 threatening to use any hoax bomb
5 while committing or attempting to
6 commit a felony.
7 790.166(3) 2nd Possessing, selling, using, or
8 attempting to use a hoax weapon
9 of mass destruction.
10 790.166(4) 2nd Possessing, displaying, or
11 threatening to use a hoax weapon
12 of mass destruction while
13 committing or attempting to
14 commit a felony.
15 796.03 2nd Procuring any person under 16
16 years for prostitution.
17 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
18 victim less than 12 years of age;
19 offender less than 18 years.
20 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
21 victim 12 years of age or older
22 but less than 16 years; offender
23 18 years or older.
24 806.01(2) 2nd Maliciously damage structure by
25 fire or explosive.
26 810.02(3)(a) 2nd Burglary of occupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
29 unarmed; no assault or battery.
30 810.02(3)(d) 2nd Burglary of occupied conveyance;
31 unarmed; no assault or battery.
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1 812.014(2)(a) 1st Property stolen, valued at
2 $100,000 or more; cargo stolen
3 valued at $50,000 or more;
4 property stolen while causing
5 other property damage; 1st degree
6 grand theft.
7 812.014(2)(b)3. 2nd Property stolen, emergency
8 medical equipment; 2nd degree
9 grand theft.
10 812.0145(2)(a) 1st Theft from person 65 years of age
11 or older; $50,000 or more.
12 812.019(2) 1st Stolen property; initiates,
13 organizes, plans, etc., the theft
14 of property and traffics in
15 stolen property.
16 812.131(2)(a) 2nd Robbery by sudden snatching.
17 812.133(2)(b) 1st Carjacking; no firearm, deadly
18 weapon, or other weapon.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)&
22 (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.103(2)(b) 2nd Exploiting an elderly person or
6 disabled adult and property is
7 valued at $20,000 or more, but
8 less than $100,000.
9 827.03(3)(b) 2nd Neglect of a child causing great
10 bodily harm, disability, or
11 disfigurement.
12 827.04(3) 3rd Impregnation of a child under 16
13 years of age by person 21 years
14 of age or older.
15 837.05(2) 3rd Giving false information about
16 alleged capital felony to a law
17 enforcement officer.
18 872.06 2nd Abuse of a dead human body.
19 893.13(1)(c)1. 1st Sell, manufacture, or deliver
20 cocaine (or other drug prohibited
21 under s. 893.03(1)(a), (1)(b),
22 (1)(d), (2)(a), (2)(b), or
23 (2)(c)4.) within 1,000 feet of a
24 child care facility or school.
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1 893.13(1)(e)1. 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 25 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135
14 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less than 5
16 kilograms.
17 893.135
18 (1)(k)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 896.101(5)(a) 3rd Money laundering, financial
22 transactions exceeding $300 but
23 less than $20,000.
24 896.104(4)(a)1. 3rd Structuring transactions to evade
25 reporting or registration
26 requirements, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 Section 9. If any provision of this act or the
30 application thereof to any person or circumstance is held
31 invalid, the invalidity does not affect the other provisions
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1 or applications of the act which can be given effect without
2 the invalid provision or application, and to this end the
3 provisions of this act are declared severable.
4 Section 10. This act shall take effect July 1, 2003.
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