Senate Bill sb2330c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                           CS for SB 2330

    By the Committee on Banking and Insurance; and Senator
    Alexander




    597-1950-05

  1                      A bill to be entitled

  2         An act relating to offenses involving

  3         insurance; amending s. 400.9935, F.S.;

  4         prohibiting a medical or clinic director from

  5         referring patients to the clinic under

  6         specified circumstances; providing for health

  7         care clinics to post signs with information

  8         about a reward program for information leading

  9         to conviction of certain offenses; providing

10         for inspections of such clinics by employees of

11         the Division of Insurance Fraud; amending s.

12         440.105, F.S.; deleting the provision that a

13         violation of a stop-work order is a misdemeanor

14         of the first degree; increasing penalties for

15         employers unlawfully failing to secure workers'

16         compensation insurance when an employee is

17         injured by or dies from a work-related injury;

18         amending s. 624.15, F.S.; providing criminal

19         penalties for violations of emergency rules or

20         orders of the Department of Financial Services

21         or Office of Insurance Regulation; amending s.

22         624.155, F.S.; revising provisions that

23         authorize a civil cause of action for

24         violations of the requirement for a certificate

25         of authority to act as an insurer; amending s.

26         626.112, F.S.; providing criminal penalties for

27         transacting insurance or engaging in insurance

28         activities without a license; amending s.

29         626.901, F.S.; stating that independently

30         procured coverage constitutes an exception to

31         the prohibition on representing an unauthorized

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         entity only when transacted outside the state;

 2         amending s. 626.918, F.S.; providing that

 3         certain letters of credit issued or confirmed

 4         by a qualified United States financial

 5         institution may be used to fund a trust

 6         established and maintained by an alien insurer

 7         for the protection of policyholders in the

 8         United States; defining the term "qualified

 9         United States financial institution"; amending

10         s. 626.938, F.S.; providing that independently

11         procured coverage must be accomplished outside

12         the state, must be procured through an

13         unauthorized insurer licensed in some other

14         state or country, and is not available for

15         life, health, or workers' compensation

16         insurance; amending s. 626.989, F.S.; allowing

17         insurers, agents, and other licensees, their

18         employees, and self-insured entities

19         contracting or associated with the National

20         Insurance Crime Bureau to report fraudulent

21         insurance acts; authorizing adoption of rules

22         for reporting suspected fraudulent activity;

23         amending s. 817.234, F.S.; providing that it is

24         insurance fraud for a service provider to agree

25         or intend to waive deductibles; providing

26         criminal penalties for scheming to create

27         documentation of a nonexistent motor vehicle

28         accident; amending s. 817.2361, F.S.; providing

29         criminal penalties for creating, marketing, or

30         presenting any false or fraudulent proof of

31         motor vehicle insurance; amending s. 817.50,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         F.S.; providing that giving false or fictitious

 2         information to a health care provider is not

 3         prima facie evidence of intent to defraud when

 4         done by a law enforcement officer during an

 5         investigation; amending s. 817.505, F.S.;

 6         providing criminal penalties for soliciting or

 7         receiving compensation or receiving a split-fee

 8         arrangement for acceptance or acknowledgement

 9         of treatment from a health care provider or

10         health care facility; redefining the term

11         "health care provider or health care facility";

12         amending s. 843.08, F.S.; providing criminal

13         penalties for falsely personating an officer of

14         the Department of Financial Services; providing

15         severability; providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Paragraph (h) is added to subsection (1) of

20  section 400.9935, Florida Statutes, and subsection (13) is

21  added to that section, to read:

22         400.9935  Clinic responsibilities.--

23         (1)  Each clinic shall appoint a medical director or

24  clinic director who shall agree in writing to accept legal

25  responsibility for the following activities on behalf of the

26  clinic. The medical director or the clinic director shall:

27         (h)  Not engage in the referral of patients to the

28  clinic if the clinic performs magnetic resonance imaging,

29  static radiographs, computed tomography, or positron emission

30  tomography. Referral of patients means the referral of one or

31  more patients of the medical or clinic director or a member of

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  the medical or clinic director's group practice to the clinic

 2  for magnetic resonance imaging, static radiographs, computed

 3  tomography, or positron emission tomography. A medical or

 4  clinic director who is found to violate this part commits a

 5  felony of the third degree, punishable as provided in s.

 6  775.082, s. 775.083, or s. 775.084.

 7         (13)  The clinic shall display a sign in a conspicuous

 8  location within the clinic readily visible to all patients

 9  indicating that, pursuant to s. 626.9892, the Department of

10  Financial Services may pay rewards of up to $25,000 to persons

11  providing information leading to the arrest and conviction of

12  persons committing crimes investigated by the Division of

13  Insurance Fraud arising from violations of s. 440.105, s.

14  624.15, s. 626.9541, s. 626.989, or s. 817.234. An authorized

15  employee of the Division of Insurance Fraud may make

16  unannounced inspections of a clinic licensed under this part

17  as necessary to determine whether the clinic is in compliance

18  with this subsection. A licensed clinic shall allow full and

19  complete access to the premises to such authorized employee of

20  the division who makes an inspection to determine compliance

21  with this subsection..

22         Section 2.  Subsections (2) and (4) of section 440.105,

23  Florida Statutes, are amended to read:

24         440.105  Prohibited activities; reports; penalties;

25  limitations.--

26         (2)  Whoever violates any provision of this subsection

27  commits a misdemeanor of the first degree, punishable as

28  provided in s. 775.082 or s. 775.083.

29         (a)  It shall be unlawful for any employer to

30  knowingly:

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         1.  Coerce or attempt to coerce, as a precondition to

 2  employment or otherwise, an employee to obtain a certificate

 3  of election of exemption pursuant to s. 440.05.

 4         2.  Discharge or refuse to hire an employee or job

 5  applicant because the employee or applicant has filed a claim

 6  for benefits under this chapter.

 7         3.  Discharge, discipline, or take any other adverse

 8  personnel action against any employee for disclosing

 9  information to the department or any law enforcement agency

10  relating to any violation or suspected violation of any of the

11  provisions of this chapter or rules promulgated hereunder.

12         4.  Violate a stop-work order issued by the department

13  pursuant to s. 440.107.

14         (b)  It shall be unlawful for any insurance entity to

15  revoke or cancel a workers' compensation insurance policy or

16  membership because an employer has returned an employee to

17  work or hired an employee who has filed a workers'

18  compensation claim.

19         (4)  Unless otherwise specifically provided, whoever

20  violates any provision of this subsection commits insurance

21  fraud, punishable as provided in paragraph (f).

22         (a)  It shall be unlawful for any employer to

23  knowingly:

24         1.  Present or cause to be presented any false,

25  fraudulent, or misleading oral or written statement to any

26  person as evidence of compliance with s. 440.38.

27         2.  Make a deduction from the pay of any employee

28  entitled to the benefits of this chapter for the purpose of

29  requiring the employee to pay any portion of premium paid by

30  the employer to a carrier or to contribute to a benefit fund

31  or department maintained by such employer for the purpose of

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  providing compensation or medical services and supplies as

 2  required by this chapter.

 3         3.  Fail to secure worker's payment of compensation

 4  coverage if required to do so by this chapter.

 5         a.  However, if an employer knowingly fails to secure

 6  workers' compensation coverage for an employee when required

 7  by this chapter and such employee subsequently suffers a

 8  work-related injury requiring medical treatment, the employer

 9  commits a felony of the second degree, punishable as provided

10  in s. 775.082, s. 775.083, or s. 775.084.

11         b.  However, if an employer knowingly fails to secure

12  workers' compensation coverage for an employee when required

13  by this chapter and such employee subsequently suffers a

14  work-related death, the employer commits a felony of the first

15  degree, punishable as provided in s. 775.082, s. 775.083, or

16  s.775.084.

17         (b)  It is shall be unlawful for any person:

18         1.  To knowingly make, or cause to be made, any false,

19  fraudulent, or misleading oral or written statement for the

20  purpose of obtaining or denying any benefit or payment under

21  this chapter.

22         2.  To present or cause to be presented any written or

23  oral statement as part of, or in support of, a claim for

24  payment or other benefit pursuant to any provision of this

25  chapter, knowing that such statement contains any false,

26  incomplete, or misleading information concerning any fact or

27  thing material to such claim.

28         3.  To prepare or cause to be prepared any written or

29  oral statement that is intended to be presented to any

30  employer, insurance company, or self-insured program in

31  connection with, or in support of, any claim for payment or

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  other benefit pursuant to any provision of this chapter,

 2  knowing that such statement contains any false, incomplete, or

 3  misleading information concerning any fact or thing material

 4  to such claim.

 5         4.  To knowingly assist, conspire with, or urge any

 6  person to engage in activity prohibited by this section.

 7         5.  To knowingly make any false, fraudulent, or

 8  misleading oral or written statement, or to knowingly omit or

 9  conceal material information, required by s. 440.185 or s.

10  440.381, for the purpose of obtaining workers' compensation

11  coverage or for the purpose of avoiding, delaying, or

12  diminishing the amount of payment of any workers' compensation

13  premiums.

14         6.  To knowingly misrepresent or conceal payroll,

15  classification of workers, or information regarding an

16  employer's loss history which would be material to the

17  computation and application of an experience rating

18  modification factor for the purpose of avoiding or diminishing

19  the amount of payment of any workers' compensation premiums.

20         7.  To knowingly present or cause to be presented any

21  false, fraudulent, or misleading oral or written statement to

22  any person as evidence of compliance with s. 440.38, as

23  evidence of eligibility for a certificate of exemption under

24  s. 440.05.

25         8.  To knowingly violate a stop-work order issued by

26  the department pursuant to s. 440.107.

27         9.  To knowingly present or cause to be presented any

28  false, fraudulent, or misleading oral or written statement to

29  any person as evidence of identity for the purpose of

30  obtaining employment or filing or supporting a claim for

31  workers' compensation benefits.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         (c)  It shall be unlawful for any physician licensed

 2  under chapter 458, osteopathic physician licensed under

 3  chapter 459, chiropractic physician licensed under chapter

 4  460, podiatric physician licensed under chapter 461,

 5  optometric physician licensed under chapter 463, or any other

 6  practitioner licensed under the laws of this state to

 7  knowingly and willfully assist, conspire with, or urge any

 8  person to fraudulently violate any of the provisions of this

 9  chapter.

10         (d)  It shall be unlawful for any person or

11  governmental entity licensed under chapter 395 to maintain or

12  operate a hospital in such a manner so that such person or

13  governmental entity knowingly and willfully allows the use of

14  the facilities of such hospital by any person, in a scheme or

15  conspiracy to fraudulently violate any of the provisions of

16  this chapter.

17         (e)  It shall be unlawful for any attorney or other

18  person, in his or her individual capacity or in his or her

19  capacity as a public or private employee, or any firm,

20  corporation, partnership, or association, to knowingly assist,

21  conspire with, or urge any person to fraudulently violate any

22  of the provisions of this chapter.

23         (f)  If the monetary value of any violation of this

24  subsection:

25         1.  Is less than $20,000, the offender commits a felony

26  of the third degree, punishable as provided in s. 775.082, s.

27  775.083, or s. 775.084.

28         2.  Is $20,000 or more, but less than $100,000, the

29  offender commits a felony of the second degree, punishable as

30  provided in s. 775.082, s. 775.083, or s. 775.084.

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         3.  Is $100,000 or more, the offender commits a felony

 2  of the first degree, punishable as provided in s. 775.082, s.

 3  775.083, or s. 775.084.

 4         Section 3.  Section 624.15, Florida Statutes, is

 5  amended to read:

 6         624.15  General penalty.--

 7         (1)  Each willful violation of this code or rule of the

 8  department or office as to which a greater penalty is not

 9  provided by another provision of this code or rule of the

10  department or office or by other applicable laws of this state

11  is a misdemeanor of the second degree and is, in addition to

12  any prescribed applicable denial, suspension, or revocation of

13  certificate of authority, license, or permit, punishable as

14  provided in s. 775.082 or s. 775.083.  Each instance of such

15  violation shall be considered a separate offense.

16         (2)  Each willful violation of an emergency rule or

17  order set forth by the department is a felony of the third

18  degree, punishable as provided in s. 775.082, s. 775.083, or

19  s, 775.084, in addition to any prescribed applicable denial,

20  suspension, or revocation of a certificate of authority,

21  license, or permit. Each instance of such violation is a

22  separate offense.

23         Section 4.  Subsection (2) of section 624.155, Florida

24  Statutes, is amended to read:

25         624.155  Civil remedy.--

26         (2)  Any party may bring a civil action against any

27  person acting as an unauthorized insurer without a certificate

28  of authority if such party is damaged by a violation of s.

29  624.401 by that person the unauthorized insurer.

30         Section 5.  Subsection (9) is added to section 626.112,

31  Florida Statutes, to read:

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         626.112  License and appointment required; agents,

 2  customer representatives, adjusters, insurance agencies,

 3  service representatives, managing general agents.--

 4         (9)  Any person who transacts insurance or otherwise

 5  engages in insurance activities in this state without a

 6  license in violation of this section commits a felony of the

 7  third degree, punishable as provided in s. 775.082, s.

 8  775.083, or s. 775.084.

 9         Section 6.  Paragraph (d) of subsection (4) of section

10  626.901, Florida Statutes, is amended to read:

11         626.901  Representing or aiding unauthorized insurer

12  prohibited.--

13         (4)  This section does not apply to:

14         (d)  Independently procured coverage written pursuant

15  to s. 626.938 which is not solicited, marketed, negotiated, or

16  sold within this state.

17         Section 7.  Section 626.918, Florida Statutes, is

18  amended to read:

19         626.918  Eligible surplus lines insurers.--

20         (1)  A No surplus lines agent may not shall place any

21  coverage with any unauthorized insurer which is not then an

22  eligible surplus lines insurer, except as permitted under

23  subsections (6) (5) and (7) (6).

24         (2)  An No unauthorized insurer may not shall be or

25  become an eligible surplus lines insurer unless made eligible

26  by the office in accordance with the following conditions:

27         (a)  Eligibility of the insurer must be requested in

28  writing by the Florida Surplus Lines Service Office;

29         (b)  The insurer must be currently an authorized

30  insurer in the state or country of its domicile as to the kind

31  or kinds of insurance proposed to be so placed and must have

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  been such an insurer for not less than the 3 years next

 2  preceding or must be the wholly owned subsidiary of such

 3  authorized insurer or must be the wholly owned subsidiary of

 4  an already eligible surplus lines insurer as to the kind or

 5  kinds of insurance proposed for a period of not less than the

 6  3 years next preceding. However, the office may waive the

 7  3-year requirement if the insurer provides a product or

 8  service not readily available to the consumers of this state

 9  or has operated successfully for a period of at least 1 year

10  next preceding and has capital and surplus of not less than

11  $25 million;

12         (c)  Before granting eligibility, the requesting

13  surplus lines agent or the insurer shall furnish the office

14  with a duly authenticated copy of its current annual financial

15  statement in the English language and with all monetary values

16  therein expressed in United States dollars, at an exchange

17  rate (in the case of statements originally made in the

18  currencies of other countries) then-current and shown in the

19  statement, and with such additional information relative to

20  the insurer as the office may request;

21         (d)1.  The insurer must have and maintain surplus as to

22  policyholders of not less than $15 million; in addition, an

23  alien insurer must also have and maintain in the United States

24  a trust fund for the protection of all its policyholders in

25  the United States under terms deemed by the office to be

26  reasonably adequate, in an amount not less than $5.4 million.

27  Any such surplus as to policyholders or trust fund shall be

28  represented by investments consisting of eligible investments

29  for like funds of like domestic insurers under part II of

30  chapter 625 provided, however, that in the case of an alien

31  insurance company, any such surplus as to policyholders may be

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  represented by investments permitted by the domestic regulator

 2  of such alien insurance company if such investments are

 3  substantially similar in terms of quality, liquidity, and

 4  security to eligible investments for like funds of like

 5  domestic insurers under part II of chapter 625. Clean,

 6  irrevocable, unconditional, and evergreen letters of credit

 7  issued or confirmed by a qualified United States financial

 8  institution, as defined in subsection (3), may be used to fund

 9  the trust;

10         2.  For those surplus lines insurers that were eligible

11  on January 1, 1994, and that maintained their eligibility

12  thereafter, the required surplus as to policyholders shall be:

13         a.  On December 31, 1994, and until December 30, 1995,

14  $2.5 million.

15         b.  On December 31, 1995, and until December 30, 1996,

16  $3.5 million.

17         c.  On December 31, 1996, and until December 30, 1997,

18  $4.5 million.

19         d.  On December 31, 1997, and until December 30, 1998,

20  $5.5 million.

21         e.  On December 31, 1998, and until December 30, 1999,

22  $6.5 million.

23         f.  On December 31, 1999, and until December 30, 2000,

24  $8 million.

25         g.  On December 31, 2000, and until December 30, 2001,

26  $9.5 million.

27         h.  On December 31, 2001, and until December 30, 2002,

28  $11 million.

29         i.  On December 31, 2002, and until December 30, 2003,

30  $13 million.

31         j.  On December 31, 2003, and thereafter, $15 million.

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         3.  The capital and surplus requirements as set forth

 2  in subparagraph 2. do not apply in the case of an insurance

 3  exchange created by the laws of individual states, where the

 4  exchange maintains capital and surplus pursuant to the

 5  requirements of that state, or maintains capital and surplus

 6  in an amount not less than $50 million in the aggregate. For

 7  an insurance exchange which maintains funds in the amount of

 8  at least $12 million for the protection of all insurance

 9  exchange policyholders, each individual syndicate shall

10  maintain minimum capital and surplus in an amount not less

11  than $3 million. If the insurance exchange does not maintain

12  funds in the amount of at least $12 million for the protection

13  of all insurance exchange policyholders, each individual

14  syndicate shall meet the minimum capital and surplus

15  requirements set forth in subparagraph 2.;

16         4.  A surplus lines insurer which is a member of an

17  insurance holding company that includes a member which is a

18  Florida domestic insurer as set forth in its holding company

19  registration statement, as set forth in s. 628.801 and rules

20  adopted thereunder, may elect to maintain surplus as to

21  policyholders in an amount equal to the requirements of s.

22  624.408, subject to the requirement that the surplus lines

23  insurer shall at all times be in compliance with the

24  requirements of chapter 625.

25  

26  The election shall be submitted to the office and shall be

27  effective upon the office's being satisfied that the

28  requirements of subparagraph 4. have been met. The initial

29  date of election shall be the date of office approval. The

30  election approval application shall be on a form adopted by

31  commission rule. The office may approve an election form

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  submitted pursuant to subparagraph 4. only if it was on file

 2  with the former Department of Insurance before February 28,

 3  1998;

 4         (e)  The insurer must be of good reputation as to the

 5  providing of service to its policyholders and the payment of

 6  losses and claims;

 7         (f)  The insurer must be eligible, as for authority to

 8  transact insurance in this state, under s. 624.404(3); and

 9         (g)  This subsection does not apply as to unauthorized

10  insurers made eligible under s. 626.917 as to wet marine and

11  aviation risks.

12         (3)  For purposes of subsection (2) regarding letters

13  of credit, "qualified United States financial institution"

14  means an institution that:

15         (a)  Is organized or, in the case of a United States

16  office of a foreign banking organization, is licensed under

17  the laws of the United States or any state thereof;

18         (b)  Is regulated, supervised, and examined by United

19  States or state authorities having regulatory authority over

20  banks and trust companies; and

21         (c)  Has been determined by the office or the

22  Securities Valuation Office of the National Association of

23  Insurance Commissioners to meet such standards of financial

24  condition and standing as are considered necessary and

25  appropriate to regulate the quality of financial institutions

26  whose letters of credit are acceptable to the office.

27         (4)(3)  The office shall from time to time publish a

28  list of all currently eligible surplus lines insurers and

29  shall mail a copy thereof to each licensed surplus lines agent

30  at his or her office of record with the office.

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         (5)(4)  This section shall not be deemed to cast upon

 2  the office any duty or responsibility to determine the actual

 3  financial condition or claims practices of any unauthorized

 4  insurer; and the status of eligibility, if granted by the

 5  office, shall indicate only that the insurer appears to be

 6  sound financially and to have satisfactory claims practices

 7  and that the office has no credible evidence to the contrary.

 8         (6)(5)  When it appears that any particular insurance

 9  risk which is eligible for export, but on which insurance

10  coverage, in whole or in part, is not procurable from the

11  eligible surplus lines insurers, after a search of eligible

12  surplus lines insurers, then the surplus lines agent may file

13  a supplemental signed statement setting forth such facts and

14  advising the office that such part of the risk as shall be

15  unprocurable, as aforesaid, is being placed with named

16  unauthorized insurers, in the amounts and percentages set

17  forth in the statement.  Such named unauthorized insurer

18  shall, however, before accepting any risk in this state,

19  deposit with the department cash or securities acceptable to

20  the office and department of the market value of $50,000 for

21  each individual risk, contract, or certificate, which deposit

22  shall be held by the department for the benefit of Florida

23  policyholders only; and the surplus lines agent shall procure

24  from such unauthorized insurer and file with the office a

25  certified copy of its statement of condition as of the close

26  of the last calendar year. If such statement reveals,

27  including both capital and surplus, net assets of at least

28  that amount required for licensure of a domestic insurer, then

29  the surplus lines agent may proceed to consummate such

30  contract of insurance. Whenever any insurance risk, or any

31  part thereof, is placed with an unauthorized insurer, as

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  provided herein, the policy, binder, or cover note shall

 2  contain a statement signed by the insured and the agent with

 3  the following notation: "The insured is aware that certain

 4  insurers participating in this risk have not been approved to

 5  transact business in Florida nor have they been declared

 6  eligible as surplus lines insurers by the Office of Insurance

 7  Regulation of Florida. The placing of such insurance by a duly

 8  licensed surplus lines agent in Florida shall not be construed

 9  as approval of such insurer by the Office of Insurance

10  Regulation of Florida. Consequently, the insured is aware that

11  the insured has severely limited the assistance available

12  under the insurance laws of Florida. The insured is further

13  aware that he or she may be charged a reasonable per policy

14  fee, as provided in s. 626.916(4), Florida Statutes, for each

15  policy certified for export." All other provisions of this

16  code shall apply to such placement the same as if such risks

17  were placed with an eligible surplus lines insurer.

18         (7)(6)  When any particular insurance risk subject to

19  subsection (6) (5) is eligible for placement with an

20  unauthorized insurer and not more than 12.5 percent of the

21  risk is so subject, the office may, at its discretion, permit

22  the agent to obtain from the insured a signed statement as

23  indicated in subsection (6) (5). All other provisions of this

24  code apply to such placement the same as if such risks were

25  placed with an eligible surplus lines insurer.

26         Section 8.  Subsections (1), (2), and (9) of section

27  626.938, Florida Statutes, are amended to read:

28         626.938  Report and tax of independently procured

29  coverages.--

30         (1)  Every insured who resides in this state and

31  procures or causes to be procured or continues or renews

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  insurance from another state or country with an unauthorized

 2  foreign or alien insurer legitimately licensed in that other

 3  jurisdiction, or any self-insurer who resides in this state

 4  and so procures or continues excess loss, catastrophe, or

 5  other insurance, upon a subject of insurance resident,

 6  located, or to be performed within this state, other than

 7  insurance procured through a surplus lines agent pursuant to

 8  the Surplus Lines Law of this state or exempted from tax under

 9  s. 626.932(4), shall, within 30 days after the date such

10  insurance was so procured, continued, or renewed, file a

11  report of the same with the Florida Surplus Lines Service

12  Office in writing and upon forms designated by the Florida

13  Surplus Lines Service Office and furnished to such an insured

14  upon request, or in a computer readable format as determined

15  by the Florida Surplus Lines Service Office. The report shall

16  show the name and address of the insured or insureds, the name

17  and address of the insurer, the subject of the insurance, a

18  general description of the coverage, the amount of premium

19  currently charged therefor, and such additional pertinent

20  information as is reasonably requested by the Florida Surplus

21  Lines Service Office.

22         (2)  Any insurance in an unauthorized insurer

23  legitimately licensed in another state or country procured

24  through solicitations, negotiations, or an application, in

25  whole or in part occurring or made outside within or from

26  within this state, or for which premiums in whole or in part

27  are remitted directly or indirectly from within this state,

28  shall be deemed to be insurance procured, continued, or

29  renewed in this state within the intent of subsection (1).

30  

31  

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         (9)  This section does not authorize independent

 2  procurement of workers' compensation insurance, apply as to

 3  life insurance, or health insurance.

 4         Section 9.  Subsection (6) of section 626.989, Florida

 5  Statutes, is amended to read:

 6         626.989  Investigation by department or Division of

 7  Insurance Fraud; compliance; immunity; confidential

 8  information; reports to division; division investigator's

 9  power of arrest.--

10         (6)  Any person, other than an insurer, agent, or other

11  person licensed under the code, or an employee thereof, having

12  knowledge or who believes that a fraudulent insurance act or

13  any other act or practice which, upon conviction, constitutes

14  a felony or a misdemeanor under the code, or under s. 817.234,

15  is being or has been committed may send to the Division of

16  Insurance Fraud a report or information pertinent to such

17  knowledge or belief and such additional information relative

18  thereto as the department may request. However, any

19  professional practitioner licensed or regulated by the

20  Department of Business and Professional Regulation, except as

21  otherwise provided by law, any medical review committee as

22  defined in s. 766.101, any private medical review committee,

23  any self-insured entity contracting or associated with the

24  National Insurance Crime Bureau, and any insurer, agent, or

25  other person licensed under the code, or an employee thereof,

26  having knowledge or who believes that a fraudulent insurance

27  act or any other act or practice which, upon conviction,

28  constitutes a felony or a misdemeanor under the code, or under

29  s. 817.234, is being or has been committed shall send to the

30  Division of Insurance Fraud a report or information pertinent

31  to such knowledge or belief and such additional information

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  relative thereto as the department may require. The Division

 2  of Insurance Fraud shall review such information or reports

 3  and select such information or reports as, in its judgment,

 4  may require further investigation. It shall then cause an

 5  independent examination of the facts surrounding such

 6  information or report to be made to determine the extent, if

 7  any, to which a fraudulent insurance act or any other act or

 8  practice which, upon conviction, constitutes a felony or a

 9  misdemeanor under the code, or under s. 817.234, is being

10  committed. The Division of Insurance Fraud shall report any

11  alleged violations of law which its investigations disclose to

12  the appropriate licensing agency and state attorney or other

13  prosecuting agency having jurisdiction with respect to any

14  such violation, as provided in s. 624.310. If prosecution by

15  the state attorney or other prosecuting agency having

16  jurisdiction with respect to such violation is not begun

17  within 60 days of the division's report, the state attorney or

18  other prosecuting agency having jurisdiction with respect to

19  such violation shall inform the division of the reasons for

20  the lack of prosecution. The division may adopt rules that set

21  forth requirements for the manner in which suspected

22  fraudulent activity shall be reported to the division through

23  the use of a standard referral form.

24         Section 10.  Paragraph (a) of subsection (7) and

25  subsection (9) of section 817.234, Florida Statutes, are

26  amended to read:

27         817.234  False and fraudulent insurance claims.--

28         (7)(a)  It shall constitute a material omission and

29  insurance fraud punishable as provided in subsection (11) for

30  any service physician or other provider, other than a

31  hospital, to engage in a general business practice of billing

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  amounts as its usual and customary charge, if such provider

 2  has agreed with the insured patient or intends to waive

 3  deductibles or copayments, or does not for any other reason

 4  intend to collect the total amount of such charge. With

 5  respect to a determination as to whether a service physician

 6  or other provider has engaged in such general business

 7  practice, consideration shall be given to evidence of whether

 8  the physician or other provider made a good faith attempt to

 9  collect such deductible or copayment. This paragraph does not

10  apply to physicians or other providers who waive deductibles

11  or copayments or reduce their bills as part of a bodily injury

12  settlement or verdict.

13         (9)  A person may not organize, plan, or knowingly

14  participate in an intentional motor vehicle crash or a scheme

15  to create documentation of a motor vehicle crash that did not

16  occur for the purpose of making motor vehicle tort claims or

17  claims for personal injury protection benefits as required by

18  s. 627.736. Any person who violates this subsection commits a

19  felony of the second degree, punishable as provided in s.

20  775.082, s. 775.083, or s. 775.084. A person who is convicted

21  of a violation of this subsection shall be sentenced to a

22  minimum term of imprisonment of 2 years.

23         Section 11.  Section 817.2361, Florida Statutes, is

24  amended to read:

25         817.2361  False or fraudulent proof of motor vehicle

26  insurance card.--Any person who, with intent to deceive any

27  other person, creates, markets, or presents a false or

28  fraudulent proof of motor vehicle insurance card commits a

29  felony of the third degree, punishable as provided in s.

30  775.082, s. 775.083, or s. 775.084.

31  

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         Section 12.  Subsection (2) of section 817.50, Florida

 2  Statutes, is amended to read:

 3         817.50  Fraudulently obtaining goods, services, etc.,

 4  from a health care provider.--

 5         (2)  If any person gives to any health care provider in

 6  this state a false or fictitious name or a false or fictitious

 7  address or assigns to any health care provider the proceeds of

 8  any health maintenance contract or insurance contract, then

 9  knowing that such contract is no longer in force, is invalid,

10  or is void for any reason, such action shall be prima facie

11  evidence of the intent of such person to defraud the health

12  care provider. However, this subsection does not apply to

13  investigative actions taken by law enforcement officers for

14  law enforcement purposes in the course of their official

15  duties.

16         Section 13.  Subsection (1) and paragraph (a) of

17  subsection (2) of section 817.505, Florida Statutes, are

18  amended to read:

19         817.505  Patient brokering prohibited; exceptions;

20  penalties.--

21         (1)  It is unlawful for any person, including any

22  health care provider or health care facility, to:

23         (a)  Offer or pay any commission, bonus, rebate,

24  kickback, or bribe, directly or indirectly, in cash or in

25  kind, or engage in any split-fee arrangement, in any form

26  whatsoever, to induce the referral of patients or patronage

27  from a health care provider or health care facility;

28         (b)  Solicit or receive any commission, bonus, rebate,

29  kickback, or bribe, directly or indirectly, in cash or in

30  kind, or engage in any split-fee arrangement, in any form

31  

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  whatsoever, in return for referring patients or patronage to a

 2  health care provider or health care facility; or

 3         (c)  Solicit or receive any commission, bonus, rebate,

 4  kickback, or bribe, directly or indirectly, in cash or in

 5  kind, or engage in any split-fee arrangement, in any form

 6  whatsoever, in return for the acceptance or acknowledgement of

 7  treatment from a health care provider or health care facility;

 8  or

 9         (d)(c)  Aid, abet, advise, or otherwise participate in

10  the conduct prohibited under paragraph (a), or paragraph (b),

11  or paragraph (c).

12         (2)  For the purposes of this section, the term:

13         (a)  "Health care provider or health care facility"

14  means any person or entity licensed, certified, or registered;

15  required to be licensed, certified, or registered; or lawfully

16  exempt from licensure, certification, or registration with the

17  Agency for Health Care Administration; any person or entity

18  that has contracted with the Agency for Health Care

19  Administration to provide goods or services to Medicaid

20  recipients as provided under s. 409.907; a county health

21  department established under part I of chapter 154; any

22  community service provider contracting with the Department of

23  Children and Family Services to furnish alcohol, drug abuse,

24  or mental health services under part IV of chapter 394; any

25  substance abuse service provider licensed under chapter 397;

26  or any federally supported primary care program such as a

27  migrant or community health center authorized under ss. 329

28  and 330 of the United States Public Health Services Act.

29         Section 14.  Section 843.08, Florida Statutes, is

30  amended to read:

31  

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1         843.08  Falsely personating officer, etc.--A person who

 2  falsely assumes or pretends to be a sheriff, officer of the

 3  Florida Highway Patrol, officer of the Fish and Wildlife

 4  Conservation Commission, officer of the Department of

 5  Environmental Protection, officer of the Department of

 6  Transportation, officer of the Department of Corrections,

 7  officer of the Department of Financial Services, correctional

 8  probation officer, deputy sheriff, state attorney or assistant

 9  state attorney, statewide prosecutor or assistant statewide

10  prosecutor, state attorney investigator, coroner, police

11  officer, lottery special agent or lottery investigator,

12  beverage enforcement agent, or watchman, or any member of the

13  Parole Commission and any administrative aide or supervisor

14  employed by the commission, or any personnel or representative

15  of the Department of Law Enforcement, and takes upon himself

16  or herself to act as such, or to require any other person to

17  aid or assist him or her in a matter pertaining to the duty of

18  any such officer, commits a felony of the third degree,

19  punishable as provided in s. 775.082, s. 775.083, or s.

20  775.084; however, a person who falsely personates any such

21  officer during the course of the commission of a felony

22  commits a felony of the second degree, punishable as provided

23  in s. 775.082, s. 775.083, or s. 775.084; except that if the

24  commission of the felony results in the death or personal

25  injury of another human being, the person commits a felony of

26  the first degree, punishable as provided in s. 775.082, s.

27  775.083, or s. 775.084.

28         Section 15.  If any provision of this act or its

29  application to any person or circumstance is held invalid, the

30  invalidity does not affect other provisions or applications of

31  the act which can be given effect without the invalid

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2330
    597-1950-05




 1  provision or application, and to this end the provisions of

 2  this act are declared severable.

 3         Section 16.  This act shall take effect July 1, 2005.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 2330

 7                                 

 8  Provides that it is a third degree felony for a medical or
    clinic director to refer patients to a clinic for specified
 9  services.

10  Allows alien surplus lines insurers to use irrevocable,
    unconditional, and evergreen letters of credit issued by a
11  qualified U.S. financial institution to be used to fund the
    $5.4 million trust fund which serves to protect all
12  policyholders.

13  Provides that it is a second degree misdemeanor for a person
    to willfully violate a rule of the Office of Insurance
14  Regulation.

15  Deletes a conflicting criminal penalty under the workers'
    compensation law that makes a violation of a stop-work order
16  issued by the Department of Financial Services a first-degree
    misdemeanor because such violation is presently a third-degree
17  felony.

18  Deletes the term "hospitalization" and inserts "medical
    treatment" to provide that it is a second degree felony for an
19  employer to fail to secure workers' compensation insurance for
    an employee and such employee subsequently suffers a
20  work-related injury requiring "medical treatment."

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  24

CODING: Words stricken are deletions; words underlined are additions.