HB 0967

CS

CHAMBER ACTION

1	The Insurance Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to offenses involving insurance; amending
7	s. 400.9935, F.S.; requiring health care clinics to
8	display signs displaying certain information relating to
9	insurance fraud; authorizing compliance inspections by the
10	Division of Insurance Fraud; requiring clinics to allow
11	inspection access; amending s. 440.105, F.S.; providing
12	criminal penalties for employers who fail to provide
13	required workers' compensation coverage for employees
14	under certain circumstances; amending s. 624.15, F.S.;
15	specifying violations of department rule as misdemeanors;
16	specifying a violation of department emergency rules or
17	orders as a felony of the third degree; providing
18	penalties; amending s. 624.155, F.S.; providing that civil
19	actions may be brought against any person acting as an
20	insurer without a certificate of authority if damaged by
21	such acting; amending s. 626.112, F.S.; providing a
22	criminal penalty for transacting insurance without a
23	license; amending s. 626.901, F.S.; clarifying
24	nonapplication to certain independently procured coverage
25	of a prohibition against representing or aiding an
26	unauthorized insurer; amending s. 626.918, F.S.; providing
27	that certain letters of credit issued or confirmed by a
28	qualified United States financial institution may be used
29	for certain purposes; providing a definition; amending s.
30	626.938, F.S.; revising provisions requiring a report and
31	taxation of independently procured coverages; specifying
32	nonauthorization of independent procurement of workers'
33	compensation, life, or health insurance; amending s.
34	626.989, F.S.; including self-insured entities associated
35	with the National Insurance Crime Bureau within a list of
36	entities required to report insurance fraud; authorizing
37	the division to adopt rules for standardized reporting of
38	fraudulent activity; amending s. 817.234, F.S.; clarifying
39	provisions specifying material omission and insurance
40	fraud; prohibiting scheming to create documentation of a
41	motor vehicle crash that did not occur; providing a
42	criminal penalty; amending s. 817.2361, F.S.; providing
43	that creating, presenting, or marketing fraudulent proof
44	of motor vehicle insurance is a felony of the third
45	degree; amending s. 817.50, F.S.; specifying
46	nonapplication of provisions specifying evidence of intent
47	to defraud to certain investigative actions taken by law
48	enforcement officers; amending s. 817.505, F.S.; providing
49	an additional patient brokering prohibition; revising a
50	definition; amending s. 843.08, F.S.; providing a criminal
51	penalty for falsely assuming or pretending to be an
52	officer of the Department of Financial Services; providing
53	severability; providing an effective date.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  Subsection (13) is added to section 400.9935,
58	Florida Statutes, to read:
59	400.9935  Clinic responsibilities.--
60	(13)  The clinic shall display a sign in a conspicuous
61	location within the clinic readily visible to all patients
62	indicating that pursuant to s. 626.9892, the Department of
63	Financial Services may pay rewards of up to $25,000 to persons
64	providing information leading to the arrest and conviction of
65	persons committing crimes investigated by the Division of
66	Insurance Fraud arising from violations of s. 440.105, s.
67	624.15, s. 626.9541, s. 626.989, or s. 817.234. An authorized
68	employee of the Division of Insurance Fraud may make unannounced
69	inspections of clinics licensed pursuant to this part as
70	necessary to determine that the clinic is in compliance with
71	this subsection. A licensed clinic shall allow full and complete
72	access to the premises to such authorized employee of the
73	division who makes an inspection to determine compliance with
74	this subsection.
75	Section 2.  Subsection (4) of section 440.105, Florida
76	Statutes, is amended to read:
77	440.105  Prohibited activities; reports; penalties;
78	limitations.--
79	(4)  Unless otherwise specifically provided, whoever
80	violates any provision of this subsection commits insurance
81	fraud, punishable as provided in paragraph (f).
82	(a)  It shall be unlawful for any employer to knowingly:
83	1.  Present or cause to be presented any false, fraudulent,
84	or misleading oral or written statement to any person as
85	evidence of compliance with s. 440.38.
86	2.  Make a deduction from the pay of any employee entitled
87	to the benefits of this chapter for the purpose of requiring the
88	employee to pay any portion of premium paid by the employer to a
89	carrier or to contribute to a benefit fund or department
90	maintained by such employer for the purpose of providing
91	compensation or medical services and supplies as required by
92	this chapter.
93	3.  Fail to secure workers' payment of compensation
94	coverage if required to do so by this chapter.
95	a.  However, if an employer knowingly fails to secure
96	workers' compensation coverage for an employee as required by
97	this chapter, and such employee subsequently suffers a work-
98	related injury requiring hospitalization, the employer commits a
99	felony of the second degree, punishable as provided in s.
100	775.082, s. 775.083, or s. 775.084.
101	b.  However, if an employer knowingly fails to secure
102	workers' compensation coverage for an employee as required by
103	this chapter, and such employee subsequently suffers a work
104	related death, the employer commits a felony of the first
105	degree, punishable as provided in s. 775.082, s. 775.083, or s.
106	775.084.
107	(b)  It shall be unlawful for any person:
108	1.  To knowingly make, or cause to be made, any false,
109	fraudulent, or misleading oral or written statement for the
110	purpose of obtaining or denying any benefit or payment under
111	this chapter.
112	2.  To present or cause to be presented any written or oral
113	statement as part of, or in support of, a claim for payment or
114	other benefit pursuant to any provision of this chapter, knowing
115	that such statement contains any false, incomplete, or
116	misleading information concerning any fact or thing material to
117	such claim.
118	3.  To prepare or cause to be prepared any written or oral
119	statement that is intended to be presented to any employer,
120	insurance company, or self-insured program in connection with,
121	or in support of, any claim for payment or other benefit
122	pursuant to any provision of this chapter, knowing that such
123	statement contains any false, incomplete, or misleading
124	information concerning any fact or thing material to such claim.
125	4.  To knowingly assist, conspire with, or urge any person
126	to engage in activity prohibited by this section.
127	5.  To knowingly make any false, fraudulent, or misleading
128	oral or written statement, or to knowingly omit or conceal
129	material information, required by s. 440.185 or s. 440.381, for
130	the purpose of obtaining workers' compensation coverage or for
131	the purpose of avoiding, delaying, or diminishing the amount of
132	payment of any workers' compensation premiums.
133	6.  To knowingly misrepresent or conceal payroll,
134	classification of workers, or information regarding an
135	employer's loss history which would be material to the
136	computation and application of an experience rating modification
137	factor for the purpose of avoiding or diminishing the amount of
138	payment of any workers' compensation premiums.
139	7.  To knowingly present or cause to be presented any
140	false, fraudulent, or misleading oral or written statement to
141	any person as evidence of compliance with s. 440.38, as evidence
142	of eligibility for a certificate of exemption under s. 440.05.
143	8.  To knowingly violate a stop-work order issued by the
144	department pursuant to s. 440.107.
145	9.  To knowingly present or cause to be presented any
146	false, fraudulent, or misleading oral or written statement to
147	any person as evidence of identity for the purpose of obtaining
148	employment or filing or supporting a claim for workers'
149	compensation benefits.
150	(c)  It shall be unlawful for any physician licensed under
151	chapter 458, osteopathic physician licensed under chapter 459,
152	chiropractic physician licensed under chapter 460, podiatric
153	physician licensed under chapter 461, optometric physician
154	licensed under chapter 463, or any other practitioner licensed
155	under the laws of this state to knowingly and willfully assist,
156	conspire with, or urge any person to fraudulently violate any of
157	the provisions of this chapter.
158	(d)  It shall be unlawful for any person or governmental
159	entity licensed under chapter 395 to maintain or operate a
160	hospital in such a manner so that such person or governmental
161	entity knowingly and willfully allows the use of the facilities
162	of such hospital by any person, in a scheme or conspiracy to
163	fraudulently violate any of the provisions of this chapter.
164	(e)  It shall be unlawful for any attorney or other person,
165	in his or her individual capacity or in his or her capacity as a
166	public or private employee, or any firm, corporation,
167	partnership, or association, to knowingly assist, conspire with,
168	or urge any person to fraudulently violate any of the provisions
169	of this chapter.
170	(f)  If the monetary value of any violation of this
171	subsection:
172	1.  Is less than $20,000, the offender commits a felony of
173	the third degree, punishable as provided in s. 775.082, s.
174	775.083, or s. 775.084.
175	2.  Is $20,000 or more, but less than $100,000, the
176	offender commits a felony of the second degree, punishable as
177	provided in s. 775.082, s. 775.083, or s. 775.084.
178	3.  Is $100,000 or more, the offender commits a felony of
179	the first degree, punishable as provided in s. 775.082, s.
180	775.083, or s. 775.084.
181	Section 3.  Section 624.15, Florida Statutes, is amended to
182	read:
183	624.15  General penalty.--
184	(1)  Each willful violation of this code or department rule
185	as to which a greater penalty is not provided by another
186	provision of this code, department rule, or by other applicable
187	laws of this state is a misdemeanor of the second degree and is,
188	in addition to any prescribed applicable denial, suspension, or
189	revocation of certificate of authority, license, or permit,
190	punishable as provided in s. 775.082 or s. 775.083. Each
191	instance of such violation shall be considered a separate
192	offense.
193	(2)  Each willful violation of an emergency rule or order
194	adopted or issued by the department is a felony of the third
195	degree and, in addition to any prescribed applicable denial,
196	suspension, or revocation of a certificate of authority,
197	license, or permit, is punishable as provided in s. 775.082, s.
198	775.083, or s. 775.084. Each instance of such violation shall be
199	considered a separate offense.
200	Section 4.  Subsection (2) of section 624.155, Florida
201	Statutes, is amended to read:
202	624.155  Civil remedy.--
203	(2)  Any party may bring a civil action against any person
204	acting as an unauthorized insurer without a certificate of
205	authority if such party is damaged by a violation of s. 624.401
206	by that person the unauthorized insurer.
207	Section 5.  Subsection (9) is added to section 626.112,
208	Florida Statutes, to read:
209	626.112  License and appointment required; agents, customer
210	representatives, adjusters, insurance agencies, service
211	representatives, managing general agents.--
212	(9)  Any person who transacts insurance or otherwise
213	engages in insurance activities in this state without a license
214	in violation of this section commits a felony of the third
215	degree, punishable as provided in s. 775.082, s. 775.083, or s.
216	775.084.
217	Section 6.  Paragraph (d) of subsection (4) of section
218	626.901, Florida Statutes, is amended to read:
219	626.901  Representing or aiding unauthorized insurer
220	prohibited.--
221	(4)  This section does not apply to:
222	(d)  Independently procured coverage written pursuant to s.
223	626.938, which is not solicited, marketed, negotiated, or sold
224	within this state.
225	Section 7.  Section 626.918, Florida Statutes, is amended
226	to read:
227	626.918  Eligible surplus lines insurers.--
228	(1)  A No surplus lines agent may not shall place any
229	coverage with any unauthorized insurer which is not then an
230	eligible surplus lines insurer, except as permitted under
231	subsections (6)(5) and (7)(6).
232	(2)  An No unauthorized insurer may not shall be or become
233	an eligible surplus lines insurer unless made eligible by the
234	office in accordance with the following conditions:
235	(a)  Eligibility of the insurer must be requested in
236	writing by the Florida Surplus Lines Service Office;
237	(b)  The insurer must be currently an authorized insurer in
238	the state or country of its domicile as to the kind or kinds of
239	insurance proposed to be so placed and must have been such an
240	insurer for not less than the 3 years next preceding or must be
241	the wholly owned subsidiary of such authorized insurer or must
242	be the wholly owned subsidiary of an already eligible surplus
243	lines insurer as to the kind or kinds of insurance proposed for
244	a period of not less than the 3 years next preceding. However,
245	the office may waive the 3-year requirement if the insurer
246	provides a product or service not readily available to the
247	consumers of this state or has operated successfully for a
248	period of at least 1 year next preceding and has capital and
249	surplus of not less than $25 million;
250	(c)  Before granting eligibility, the requesting surplus
251	lines agent or the insurer shall furnish the office with a duly
252	authenticated copy of its current annual financial statement in
253	the English language and with all monetary values therein
254	expressed in United States dollars, at an exchange rate (in the
255	case of statements originally made in the currencies of other
256	countries) then-current and shown in the statement, and with
257	such additional information relative to the insurer as the
258	office may request;
259	(d)1.  The insurer must have and maintain surplus as to
260	policyholders of not less than $15 million; in addition, an
261	alien insurer must also have and maintain in the United States a
262	trust fund for the protection of all its policyholders in the
263	United States under terms deemed by the office to be reasonably
264	adequate, in an amount not less than $5.4 million. Any such
265	surplus as to policyholders or trust fund shall be represented
266	by investments consisting of eligible investments for like funds
267	of like domestic insurers under part II of chapter 625 provided,
268	however, that in the case of an alien insurance company, any
269	such surplus as to policyholders may be represented by
270	investments permitted by the domestic regulator of such alien
271	insurance company if such investments are substantially similar
272	in terms of quality, liquidity, and security to eligible
273	investments for like funds of like domestic insurers under part
274	II of chapter 625. Clean, irrevocable, unconditional, and
275	evergreen letters of credit issued or confirmed by a qualified
276	United States financial institution, as defined in subsection
277	(3), may be used to fund the trust;
278	2.  For those surplus lines insurers that were eligible on
279	January 1, 1994, and that maintained their eligibility
280	thereafter, the required surplus as to policyholders shall be:
281	a.  On December 31, 1994, and until December 30, 1995, $2.5
282	million.
283	b.  On December 31, 1995, and until December 30, 1996, $3.5
284	million.
285	c.  On December 31, 1996, and until December 30, 1997, $4.5
286	million.
287	d.  On December 31, 1997, and until December 30, 1998, $5.5
288	million.
289	e.  On December 31, 1998, and until December 30, 1999, $6.5
290	million.
291	f.  On December 31, 1999, and until December 30, 2000, $8
292	million.
293	g.  On December 31, 2000, and until December 30, 2001, $9.5
294	million.
295	h.  On December 31, 2001, and until December 30, 2002, $11
296	million.
297	i.  On December 31, 2002, and until December 30, 2003, $13
298	million.
299	j.  On December 31, 2003, and thereafter, $15 million.
300	3.  The capital and surplus requirements as set forth in
301	subparagraph 2. do not apply in the case of an insurance
302	exchange created by the laws of individual states, where the
303	exchange maintains capital and surplus pursuant to the
304	requirements of that state, or maintains capital and surplus in
305	an amount not less than $50 million in the aggregate. For an
306	insurance exchange which maintains funds in the amount of at
307	least $12 million for the protection of all insurance exchange
308	policyholders, each individual syndicate shall maintain minimum
309	capital and surplus in an amount not less than $3 million. If
310	the insurance exchange does not maintain funds in the amount of
311	at least $12 million for the protection of all insurance
312	exchange policyholders, each individual syndicate shall meet the
313	minimum capital and surplus requirements set forth in
314	subparagraph 2.;
315	4.  A surplus lines insurer which is a member of an
316	insurance holding company that includes a member which is a
317	Florida domestic insurer as set forth in its holding company
318	registration statement, as set forth in s. 628.801 and rules
319	adopted thereunder, may elect to maintain surplus as to
320	policyholders in an amount equal to the requirements of s.
321	624.408, subject to the requirement that the surplus lines
322	insurer shall at all times be in compliance with the
323	requirements of chapter 625.
324
325	The election shall be submitted to the office and shall be
326	effective upon the office's being satisfied that the
327	requirements of subparagraph 4. have been met. The initial date
328	of election shall be the date of office approval. The election
329	approval application shall be on a form adopted by commission
330	rule. The office may approve an election form submitted pursuant
331	to subparagraph 4. only if it was on file with the former
332	Department of Insurance before February 28, 1998;
333	(e)  The insurer must be of good reputation as to the
334	providing of service to its policyholders and the payment of
335	losses and claims;
336	(f)  The insurer must be eligible, as for authority to
337	transact insurance in this state, under s. 624.404(3); and
338	(g)  This subsection does not apply as to unauthorized
339	insurers made eligible under s. 626.917 as to wet marine and
340	aviation risks.
341	(3)  For purposes of subsection (2) relating to letters of
342	credit, the term "qualified United States financial institution"
343	means an institution that:
344	(a)  Is organized or, in the case of a United States office
345	of a foreign banking organization, is licensed under the laws of
346	the United States or any state thereof.
347	(b)  Is regulated, supervised, and examined by United
348	States or state authorities having regulatory authority over
349	banks and trust companies.
350	(c)  Has been determined by the office or the Securities
351	Valuation Office of the National Association of Insurance
352	Commissioners to meet such standards of financial condition and
353	standing as are considered necessary and appropriate to regulate
354	the quality of financial institutions whose letters of credit
355	are acceptable to the office.
356	(4)(3)  The office shall from time to time publish a list
357	of all currently eligible surplus lines insurers and shall mail
358	a copy thereof to each licensed surplus lines agent at his or
359	her office of record with the office.
360	(5)(4)  This section shall not be deemed to cast upon the
361	office any duty or responsibility to determine the actual
362	financial condition or claims practices of any unauthorized
363	insurer; and the status of eligibility, if granted by the
364	office, shall indicate only that the insurer appears to be sound
365	financially and to have satisfactory claims practices and that
366	the office has no credible evidence to the contrary.
367	(6)(5)  When it appears that any particular insurance risk
368	which is eligible for export, but on which insurance coverage,
369	in whole or in part, is not procurable from the eligible surplus
370	lines insurers, after a search of eligible surplus lines
371	insurers, then the surplus lines agent may file a supplemental
372	signed statement setting forth such facts and advising the
373	office that such part of the risk as shall be unprocurable, as
374	aforesaid, is being placed with named unauthorized insurers, in
375	the amounts and percentages set forth in the statement. Such
376	named unauthorized insurer shall, however, before accepting any
377	risk in this state, deposit with the department cash or
378	securities acceptable to the office and department of the market
379	value of $50,000 for each individual risk, contract, or
380	certificate, which deposit shall be held by the department for
381	the benefit of Florida policyholders only; and the surplus lines
382	agent shall procure from such unauthorized insurer and file with
383	the office a certified copy of its statement of condition as of
384	the close of the last calendar year. If such statement reveals,
385	including both capital and surplus, net assets of at least that
386	amount required for licensure of a domestic insurer, then the
387	surplus lines agent may proceed to consummate such contract of
388	insurance. Whenever any insurance risk, or any part thereof, is
389	placed with an unauthorized insurer, as provided herein, the
390	policy, binder, or cover note shall contain a statement signed
391	by the insured and the agent with the following notation: "The
392	insured is aware that certain insurers participating in this
393	risk have not been approved to transact business in Florida nor
394	have they been declared eligible as surplus lines insurers by
395	the Office of Insurance Regulation of Florida. The placing of
396	such insurance by a duly licensed surplus lines agent in Florida
397	shall not be construed as approval of such insurer by the Office
398	of Insurance Regulation of Florida. Consequently, the insured is
399	aware that the insured has severely limited the assistance
400	available under the insurance laws of Florida. The insured is
401	further aware that he or she may be charged a reasonable per
402	policy fee, as provided in s. 626.916(4), Florida Statutes, for
403	each policy certified for export." All other provisions of this
404	code shall apply to such placement the same as if such risks
405	were placed with an eligible surplus lines insurer.
406	(7)(6)  When any particular insurance risk subject to
407	subsection (6)(5) is eligible for placement with an unauthorized
408	insurer and not more than 12.5 percent of the risk is so
409	subject, the office may, at its discretion, permit the agent to
410	obtain from the insured a signed statement as indicated in
411	subsection (6)(5). All other provisions of this code apply to
412	such placement the same as if such risks were placed with an
413	eligible surplus lines insurer.
414	Section 8.  Subsections (1), (2), and (9) of section
415	626.938, Florida Statutes, are amended to read:
416	626.938  Report and tax of independently procured
417	coverages.--
418	(1)  Every insured who resides in this state and procures
419	or causes to be procured or continues or renews insurance from
420	another state or country with an unauthorized foreign or alien
421	insurer legitimately licensed in that jurisdiction, or any self-
422	insurer who resides in this state and so procures or continues
423	excess loss, catastrophe, or other insurance, upon a subject of
424	insurance resident, located, or to be performed within this
425	state, other than insurance procured through a surplus lines
426	agent pursuant to the Surplus Lines Law of this state or
427	exempted from tax under s. 626.932(4), shall, within 30 days
428	after the date such insurance was so procured, continued, or
429	renewed, file a report of the same with the Florida Surplus
430	Lines Service Office in writing and upon forms designated by the
431	Florida Surplus Lines Service Office and furnished to such an
432	insured upon request, or in a computer readable format as
433	determined by the Florida Surplus Lines Service Office. The
434	report shall show the name and address of the insured or
435	insureds, the name and address of the insurer, the subject of
436	the insurance, a general description of the coverage, the amount
437	of premium currently charged therefor, and such additional
438	pertinent information as is reasonably requested by the Florida
439	Surplus Lines Service Office.
440	(2)  Any insurance in an unauthorized insurer legitimately
441	licensed in another state or country procured through
442	solicitations, negotiations, or an application, in whole or in
443	part occurring or made outside within or from within this state,
444	or for which premiums in whole or in part are remitted directly
445	or indirectly from within this state, shall be deemed to be
446	insurance procured, continued, or renewed in this state within
447	the intent of subsection (1).
448	(9)  This section does not authorize independent
449	procurement of workers' compensation insurance, apply as to life
450	insurance, or health insurance.
451	Section 9.  Subsection (6) of section 626.989, Florida
452	Statutes, is amended to read:
453	626.989  Investigation by department or Division of
454	Insurance Fraud; compliance; immunity; confidential information;
455	reports to division; division investigator's power of arrest.--
456	(6)  Any person, other than an insurer, agent, or other
457	person licensed under the code, or an employee thereof, having
458	knowledge or who believes that a fraudulent insurance act or any
459	other act or practice which, upon conviction, constitutes a
460	felony or a misdemeanor under the code, or under s. 817.234, is
461	being or has been committed may send to the Division of
462	Insurance Fraud a report or information pertinent to such
463	knowledge or belief and such additional information relative
464	thereto as the department may request. However, any professional
465	practitioner licensed or regulated by the Department of Business
466	and Professional Regulation, except as otherwise provided by
467	law, any medical review committee as defined in s. 766.101, any
468	private medical review committee, any self-insured entity
469	contracting or associated with the National Insurance Crime
470	Bureau, and any insurer, agent, or other person licensed under
471	the code, or an employee thereof, having knowledge or who
472	believes that a fraudulent insurance act or any other act or
473	practice which, upon conviction, constitutes a felony or a
474	misdemeanor under the code, or under s. 817.234, is being or has
475	been committed shall send to the Division of Insurance Fraud a
476	report or information pertinent to such knowledge or belief and
477	such additional information relative thereto as the department
478	may require. The Division of Insurance Fraud shall review such
479	information or reports and select such information or reports
480	as, in its judgment, may require further investigation. It shall
481	then cause an independent examination of the facts surrounding
482	such information or report to be made to determine the extent,
483	if any, to which a fraudulent insurance act or any other act or
484	practice which, upon conviction, constitutes a felony or a
485	misdemeanor under the code, or under s. 817.234, is being
486	committed. The Division of Insurance Fraud shall report any
487	alleged violations of law which its investigations disclose to
488	the appropriate licensing agency and state attorney or other
489	prosecuting agency having jurisdiction with respect to any such
490	violation, as provided in s. 624.310. If prosecution by the
491	state attorney or other prosecuting agency having jurisdiction
492	with respect to such violation is not begun within 60 days of
493	the division's report, the state attorney or other prosecuting
494	agency having jurisdiction with respect to such violation shall
495	inform the division of the reasons for the lack of prosecution.
496	The division may adopt rules which set forth requirements for
497	the manner in which suspected fraudulent activity shall be
498	reported to the division through the use of a standard referral
499	form.
500	Section 10.  Paragraph (a) of subsection (7) and subsection
501	(9) of section 817.234, Florida Statutes, are amended to read:
502	817.234  False and fraudulent insurance claims.--
503	(7)(a)  It shall constitute a material omission and
504	insurance fraud, punishable as provided in subsection (11), for
505	any service physician or other provider, other than a hospital,
506	to engage in a general business practice of billing amounts as
507	its usual and customary charge, if such provider has agreed with
508	the insured patient or intends to waive deductibles or
509	copayments, or does not for any other reason intend to collect
510	the total amount of such charge. With respect to a determination
511	as to whether a service physician or other provider has engaged
512	in such general business practice, consideration shall be given
513	to evidence of whether the service physician or other provider
514	made a good faith attempt to collect such deductible or
515	copayment. This paragraph does not apply to physicians or other
516	providers who waive deductibles or copayments or reduce their
517	bills as part of a bodily injury settlement or verdict.
518	(9)  A person may not organize, plan, or knowingly
519	participate in an intentional motor vehicle crash or a scheme to
520	create documentation of a motor vehicle crash that did not occur
521	for the purpose of making motor vehicle tort claims or claims
522	for personal injury protection benefits as required by s.
523	627.736. Any person who violates this subsection commits a
524	felony of the second degree, punishable as provided in s.
525	775.082, s. 775.083, or s. 775.084. A person who is convicted of
526	a violation of this subsection shall be sentenced to a minimum
527	term of imprisonment of 2 years.
528	Section 11.  Section 817.2361, Florida Statutes, is amended
529	to read:
530	817.2361  False or fraudulent proof of motor vehicle
531	insurance card.--Any person who, with intent to deceive any
532	other person, creates, markets, or presents a false or
533	fraudulent proof of motor vehicle insurance card commits a
534	felony of the third degree, punishable as provided in s.
535	775.082, s. 775.083, or s. 775.084.
536	Section 12.  Subsection (2) of section 817.50, Florida
537	Statutes, is amended to read:
538	817.50  Fraudulently obtaining goods, services, etc., from
539	a health care provider.--
540	(2)  If any person gives to any health care provider in
541	this state a false or fictitious name or a false or fictitious
542	address or assigns to any health care provider the proceeds of
543	any health maintenance contract or insurance contract, then
544	knowing that such contract is no longer in force, is invalid, or
545	is void for any reason, such action shall be prima facie
546	evidence of the intent of such person to defraud the health care
547	provider. However, this subsection does not apply to
548	investigative actions taken by law enforcement officers for law
549	enforcement purposes in the course of their official duties.
550	Section 13.  Subsection (1) and paragraph (a) of subsection
551	(2) of section 817.505, Florida Statutes, are amended to read:
552	817.505  Patient brokering prohibited; exceptions;
553	penalties.--
554	(1)  It is unlawful for any person, including any health
555	care provider or health care facility, to:
556	(a)  Offer or pay any commission, bonus, rebate, kickback,
557	or bribe, directly or indirectly, in cash or in kind, or engage
558	in any split-fee arrangement, in any form whatsoever, to induce
559	the referral of patients or patronage to or from a health care
560	provider or health care facility;
561	(b)  Solicit or receive any commission, bonus, rebate,
562	kickback, or bribe, directly or indirectly, in cash or in kind,
563	or engage in any split-fee arrangement, in any form whatsoever,
564	in return for referring patients or patronage to or from a
565	health care provider or health care facility; or
566	(c)  Solicit or receive any commission, bonus, rebate,
567	kickback, or bribe, directly or indirectly, in cash or in kind,
568	or engage in any split-fee arrangement, in any form whatsoever,
569	in return for the acceptance or acknowledgement of treatment
570	from a health care provider or health care facility; or
571	(d)(c)  Aid, abet, advise, or otherwise participate in the
572	conduct prohibited under paragraph (a), or paragraph (b), or
573	paragraph (c).
574	(2)  For the purposes of this section, the term:
575	(a)  "Health care provider or health care facility" means
576	any person or entity licensed, certified, or registered;
577	required to be licensed, certified, or registered; or lawfully
578	exempt from being required to be licensed, certified, or
579	registered with the Agency for Health Care Administration; any
580	person or entity that has contracted with the Agency for Health
581	Care Administration to provide goods or services to Medicaid
582	recipients as provided under s. 409.907; a county health
583	department established under part I of chapter 154; any
584	community service provider contracting with the Department of
585	Children and Family Services to furnish alcohol, drug abuse, or
586	mental health services under part IV of chapter 394; any
587	substance abuse service provider licensed under chapter 397; or
588	any federally supported primary care program such as a migrant
589	or community health center authorized under ss. 329 and 330 of
590	the United States Public Health Services Act.
591	Section 14.  Section 843.08, Florida Statutes, is amended
592	to read:
593	843.08  Falsely personating officer, etc.--A person who
594	falsely assumes or pretends to be a sheriff, officer of the
595	Florida Highway Patrol, officer of the Fish and Wildlife
596	Conservation Commission, officer of the Department of
597	Environmental Protection, officer of the Department of
598	Transportation, officer of the Department of Financial Services,
599	officer of the Department of Corrections, correctional probation
600	officer, deputy sheriff, state attorney or assistant state
601	attorney, statewide prosecutor or assistant statewide
602	prosecutor, state attorney investigator, coroner, police
603	officer, lottery special agent or lottery investigator, beverage
604	enforcement agent, or watchman, or any member of the Parole
605	Commission and any administrative aide or supervisor employed by
606	the commission, or any personnel or representative of the
607	Department of Law Enforcement, and takes upon himself or herself
608	to act as such, or to require any other person to aid or assist
609	him or her in a matter pertaining to the duty of any such
610	officer, commits a felony of the third degree, punishable as
611	provided in s. 775.082, s. 775.083, or s. 775.084; however, a
612	person who falsely personates any such officer during the course
613	of the commission of a felony commits a felony of the second
614	degree, punishable as provided in s. 775.082, s. 775.083, or s.
615	775.084; except that if the commission of the felony results in
616	the death or personal injury of another human being, the person
617	commits a felony of the first degree, punishable as provided in
618	s. 775.082, s. 775.083, or s. 775.084.
619	Section 15.  If any provision of this act or the
620	application thereof to any person or circumstance is held
621	invalid, the invalidity does not affect other provisions or
622	applications of the act which can be given effect without the
623	invalid provision or application, and to this end, the
624	provisions of this act are declared severable.
625	Section 16.  This act shall take effect July 1, 2005.

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