HB 0627 2003
1	A bill to be entitled
2	An act relating to insurance fraud; amending s. 624.310,
3	F.S.; making it unlawful for certain affiliated parties to
4	participate in insurance business without authorization;
5	providing a criminal penalty; amending s. 626.989, F.S.;
6	specifying certain investigators as law enforcement
7	officers; amending s. 817.234, F.S.; revising provisions
8	relating to unlawful solicitations of motor vehicle
9	accident victims; increasing a penalty; making unlawful
10	certain additional activities relating to solicitation of
11	motor vehicle accident victims; providing criminal
12	penalties; specifying certain charges as noncompensable
13	and unenforceable; making unlawful participating in a
14	staged motor vehicle accident; providing a criminal
15	penalty; deleting certain provisions relating to unlawful
16	solicitation by an attorney; deleting a provision relating
17	to findings by a special grievance committee relating to
18	unlawful attorney solicitations; amending s. 817.236,
19	F.S.; increasing a criminal penalty for false and
20	fraudulent motor vehicle insurance applications; creating
21	s. 817.2361, F.S.; specifying as criminal certain
22	activities relating to false or fraudulent motor vehicle
23	insurance cards; providing a criminal penalty; creating s.
24	817.413, F.S.; making unlawful in sales of motor vehicle
25	goods misrepresentations of used or repossessed goods as
26	new or original; providing criminal penalty; amending s.
27	860.15, F.S.; increasing a criminal penalty for certain
28	charges relating to services and parts for motor vehicle
29	repair; providing severability; providing an effective
30	date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1. Subsection (8) is added to section 624.310,
35	Florida Statutes, to read:
36	624.310 Enforcement; cease and desist orders; removal of
37	certain persons; fines.--
38	(8) CRIMINAL ENFORCEMENT.--It is unlawful for any
39	affiliated party who is removed, restricted, or prohibited from
40	participation in the affairs of a licensee pursuant to this
41	section, or for any licensee whose rights or privileges under
42	such license have been suspended or revoked pursuant to the
43	Florida Insurance Code, to participate in any way in the
44	business of insurance until expressly authorized to do so by the
45	department. Any person who violates the provisions of this
46	subsection commits a felony of the third degree, punishable as
47	provided in s. 775.082, s. 775.083, or s. 775.084.
48	Section 2. Subsection (7) of section 626.989, Florida
49	Statutes, is amended to read:
50	626.989 Investigation by department or Division of
51	Insurance Fraud; compliance; immunity; confidential information;
52	reports to division; division investigator's power of arrest.--
53	(7) Division investigators shall have the power to make
54	arrests for criminal violations established as a result of
55	investigations only. The general laws applicable to arrests by
56	law enforcement officers of this state shall also be applicable
57	to such investigators. Such investigators shall also be
58	considered state law enforcement officers for all purposes and
59	shall have the power to execute arrest warrants and search
60	warrants for the same criminal violations; to serve subpoenas
61	issued for the examination, investigation, and trial of all
62	offenses determined by their investigations; and to arrest upon
63	probable cause without warrant any person found in the act of
64	violating any of the provisions of applicable laws.
65	Investigators empowered to make arrests under this section shall
66	be empowered to bear arms in the performance of their duties. In
67	such a situation, the investigator must be certified in
68	compliance with the provisions of s. 943.1395 or must meet the
69	temporary employment or appointment exemption requirements of s.
70	943.131 until certified.
71	Section 3. Subsections (8) and (9) of section 817.234,
72	Florida Statutes, are amended to read:
73	817.234 False and fraudulent insurance claims.--
74	(8)(a) It is unlawful for any person, intending to defraud
75	any other personin his or her individual capacity or in his or
76	her capacity as a public or private employee, or for any firm,
77	corporation, partnership, or association, to solicit or cause to
78	be solicited any business from a person involved in a motor
79	vehicle accident by any means of communication other than
80	advertising directed to the publicfor the purpose of making
81	motor vehicle tort claims or claims for personal injury
82	protection benefits required by s. 627.736. Charges for any
83	services rendered by a health care provider or attorney who
84	violates this subsection in regard to the person for whom such
85	services were rendered are noncompensable and unenforceable as a
86	matter of law. Any person who violates the provisions of this
87	paragraphsubsection commits a felony of the secondthird
88	degree, punishable as provided in s. 775.082, s. 775.083, or s.
89	775.084.
90	(b)1. It is unlawful for any person to solicit or cause to
91	be solicited any business from a person involved in a motor
92	vehicle accident, by any means of communication other than
93	advertising directed to the public, for the purpose of making
94	motor vehicle tort claims or claims for personal injury
95	protection benefits required by s. 627.736, within 60 days after
96	the occurrence of the motor vehicle accident. Any person who
97	violates the provisions of this subparagraph commits a felony of
98	the third degree, punishable as provided in s. 775.082, s.
99	775.083, or s. 775.084.
100	2. It is unlawful for any attorney, chiropractor, or
101	medical provider, at any time after 60 days have elapsed from
102	the occurrence of a motor vehicle accident, to solicit or cause
103	to be solicited any business from a person involved in a motor
104	vehicle accident, by means of any personal or telephone contact
105	at the person's residence, other than by mail or by advertising
106	directed to the public, for the purpose of making motor vehicle
107	tort claims or claims for personal injury protection benefits
108	required by s. 627.736. Any person who violates the provisions
109	of this subparagraph commits a felony of the third degree,
110	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
111	(c) Charges for any services rendered by any person who
112	violates this subsection in regard to the person for whom such
113	services were rendered are noncompensable and unenforceable as a
114	matter of law.
115	(9) It is unlawful for any person to organize, plan, or in
116	any way participate in a staged motor vehicle accidentattorney
117	to solicit any business relating to the representation of a
118	person involved in a motor vehicle accident for the purpose of
119	filing a motor vehicle tort claim or a claim for personal injury
120	protection benefits required by s. 627.736. The solicitation by
121	advertising of any business by an attorney relating to the
122	representation of a person injured in a specific motor vehicle
123	accident is prohibited by this section. Any personattorneywho
124	violates the provisions of this subsection commits a felony of
125	the secondthirddegree, punishable as provided in s. 775.082,
126	s. 775.083, or s. 775.084. Whenever any circuit or special
127	grievance committee acting under the jurisdiction of the Supreme
128	Court finds probable cause to believe that an attorney is guilty
129	of a violation of this section, such committee shall forward to
130	the appropriate state attorney a copy of the finding of probable
131	cause and the report being filed in the matter. This section
132	shall not be interpreted to prohibit advertising by attorneys
133	which does not entail a solicitation as described in this
134	subsection and which is permitted by the rules regulating The
135	Florida Bar as promulgated by the Florida Supreme Court.
136	Section 4. Section 817.236, Florida Statutes, is amended
137	to read:
138	817.236 False and fraudulent motor vehicle insurance
139	application.--Any person who, with intent to injure, defraud, or
140	deceive any motor vehicle insurer, including any statutorily
141	created underwriting association or pool of motor vehicle
142	insurers, presents or causes to be presented any written
143	application, or written statement in support thereof, for motor
144	vehicle insurance knowing that the application or statement
145	contains any false, incomplete, or misleading information
146	concerning any fact or matter material to the application
147	commits a felonymisdemeanor of the thirdfirstdegree,
148	punishable as provided in s. 775.082,or s. 775.083, or s.
149	775.084.
150	Section 5. Section 817.2361, Florida Statutes, is created
151	to read:
152	817.2361 False or fraudulent motor vehicle insurance
153	card.--Any person who, with intent to deceive any other person,
154	creates, markets, or presents a false or fraudulent motor
155	vehicle insurance card commits a felony of the third degree,
156	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
157	Section 6. Section 817.413, Florida Statutes, is created
158	to read:
159	817.413 Sale of used motor vehicle goods as new;
160	penalty.--
161	(1) It is unlawful for a seller in a transaction in which
162	the purchase price of motor vehicle goods exceeds $100 to
163	misrepresent orally, in writing, or by failure to speak, that
164	the goods are new or original when they are used or repossessed
165	or that they have been used for sales demonstration.
166	(2) A person who violates the provisions of this section
167	commits a felony of the third degree, punishable as provided in
168	s. 775.082, s. 775.083, or s. 775.084.
169	Section 7. Section 860.15, Florida Statutes, is amended to
170	read:
171	860.15 Overcharging for repairs and parts; penalty.--
172	(1) It is unlawful for a person to knowingly charge for
173	any services on motor vehicles which are not actually performed,
174	to knowingly and falsely charge for any parts and accessories
175	for motor vehicles not actually furnished, or to knowingly and
176	fraudulently substitute parts when such substitution has no
177	relation to the repairing or servicing of the motor vehicle.
178	(2) Any person willfully violating the provisions of this
179	section commitsshall be guilty of a felonymisdemeanor of the
180	thirdsecond degree, punishable as provided in s. 775.082,ors.
181	775.083, or s. 775.084.
182	Section 8. If any provision of this act or the application
183	thereof to any person or circumstance is held invalid, the
184	invalidity does not affect other provisions or applications of
185	the act which can be given effect without the invalid provision
186	or application, and to this end the provisions of this act are
187	declared severable.
188	Section 9. This act shall take effect July 1, 2003.