| 1 | A bill to be entitled | 
| 2 | An act relating to insurance fraud; amending s. 322.21, | 
| 3 | F.S.; requiring an additional fee for certain offenses for | 
| 4 | purposes of reinstatement of a driver's license; amending | 
| 5 | s. 322.26, F.S.; specifying additional circumstances for | 
| 6 | mandatory revocation of a driver's license by the | 
| 7 | Department of Highway Safety and Motor Vehicles; amending | 
| 8 | s. 456.072, F.S.; specifying additional acts constituting | 
| 9 | grounds for certain disciplinary actions against health | 
| 10 | care professionals; amending s. 626.989, F.S.; authorizing | 
| 11 | the Division of Insurance Fraud to adopt rules for | 
| 12 | reporting suspected fraudulent activity; requiring the | 
| 13 | division to develop and maintain a World Wide Web site for | 
| 14 | certain purposes; creating s. 626.9893, F.S.; authorizing | 
| 15 | the Division of Insurance Fraud to deposit certain | 
| 16 | revenues from criminal or forfeiture proceedings into the | 
| 17 | Insurance Regulatory Trust Fund; specifying accounting and | 
| 18 | use requirements; providing for appropriation of such | 
| 19 | revenues; providing for carrying forward moneys remaining | 
| 20 | in the fund each year; amending s. 627.736, F.S.; | 
| 21 | requiring insurers to provide a notice to insureds or | 
| 22 | persons for whom certain reimbursement claims are filed; | 
| 23 | specifying notice contents; amending s. 817.234, F.S.; | 
| 24 | revising provisions specifying what constitutes a material | 
| 25 | omission and insurance fraud; prohibiting organizing, | 
| 26 | planning, or participating in a scheme to create | 
| 27 | documentation of a nonoccurring motor vehicle crash; | 
| 28 | providing penalties; amending s. 817.2361, F.S.; applying | 
| 29 | a criminal penalty to activities relating to false or | 
| 30 | fraudulent proof of motor vehicle insurance; amending s. | 
| 31 | 817.50, F.S.; specifying nonapplication to certain law | 
| 32 | enforcement investigative actions of provisions relating | 
| 33 | to evidence of intent to defraud a health care provider; | 
| 34 | amending s. 817.505, F.S.; specifying an additional | 
| 35 | circumstance of prohibited patient brokering, to which | 
| 36 | penalties apply; revising the definition of "health care | 
| 37 | provider or health care facility"; amending s. 843.08, | 
| 38 | F.S.; including officers of the Department of Financial | 
| 39 | Services among the list of personnel for which a criminal | 
| 40 | penalty is provided for falsely personating such | 
| 41 | personnel; amending s. 932.7055, F.S.; providing for | 
| 42 | deposit of certain proceeds seized by the division into | 
| 43 | certain trust funds; repealing s. 19, ch. 2003-411, Laws | 
| 44 | of Florida, relating to the future repeal of the Florida | 
| 45 | Motor Vehicle No-Fault Law; providing severability; | 
| 46 | providing appropriations for certain purposes; providing | 
| 47 | effective dates. | 
| 48 | 
 | 
| 49 | Be It Enacted by the Legislature of the State of Florida: | 
| 50 | 
 | 
| 51 | Section 1.  Subsection (8) of section 322.21, Florida | 
| 52 | Statutes, is amended to read: | 
| 53 | 322.21  License fees; procedure for handling and collecting | 
| 54 | fees.-- | 
| 55 | (8)  Any person who applies for reinstatement following the | 
| 56 | suspension or revocation of the person's driver's license shall | 
| 57 | pay a service fee of $35 following a suspension, and $60 | 
| 58 | following a revocation, which is in addition to the fee for a | 
| 59 | license. Any person who applies for reinstatement of a | 
| 60 | commercial driver's license following the disqualification of | 
| 61 | the person's privilege to operate a commercial motor vehicle | 
| 62 | shall pay a service fee of $60, which is in addition to the fee | 
| 63 | for a license. The department shall collect all of these fees at | 
| 64 | the time of reinstatement. The department shall issue proper | 
| 65 | receipts for such fees and shall promptly transmit all funds | 
| 66 | received by it as follows: | 
| 67 | (a)  Of the $35 fee received from a licensee for | 
| 68 | reinstatement following a suspension, the department shall | 
| 69 | deposit $15 in the General Revenue Fund and $20 in the Highway | 
| 70 | Safety Operating Trust Fund. | 
| 71 | (b)  Of the $60 fee received from a licensee for | 
| 72 | reinstatement following a revocation or disqualification, the | 
| 73 | department shall deposit $35 in the General Revenue Fund and $25 | 
| 74 | in the Highway Safety Operating Trust Fund. | 
| 75 | 
 | 
| 76 | If the revocation or suspension of the driver's license was for | 
| 77 | a violation of s. 316.193, or for refusal to submit to a lawful | 
| 78 | breath, blood, or urine test, an additional fee of $115 must be | 
| 79 | charged. However, only one $115 fee may be collected from one | 
| 80 | person convicted of violations arising out of the same incident. | 
| 81 | The department shall collect the $115 fee and deposit the fee | 
| 82 | into the Highway Safety Operating Trust Fund at the time of | 
| 83 | reinstatement of the person's driver's license, but the fee may | 
| 84 | not be collected if the suspension or revocation is overturned. | 
| 85 | If the revocation or suspension of the driver's license was for | 
| 86 | a conviction for violation of s. 817.234(8)(b) or (c) or (9) or | 
| 87 | s. 817.505(1)(b)2. or (c), an additional fee of $180 must be | 
| 88 | charged for each offense. The department shall collect and | 
| 89 | deposit the additional $180 fee into the Highway Safety | 
| 90 | Operating Trust Fund at the time of reinstatement of the | 
| 91 | person's driver's license. | 
| 92 | Section 2.  Subsection (9) is added to section 322.26, | 
| 93 | Florida Statutes, to read: | 
| 94 | 322.26  Mandatory revocation of license by department.--The | 
| 95 | department shall forthwith revoke the license or driving | 
| 96 | privilege of any person upon receiving a record of such person's | 
| 97 | conviction of any of the following offenses: | 
| 98 | (9)  Conviction in any court having jurisdiction over | 
| 99 | offenses committed under s. 817.234(8)(b) or (c) or (9) or s. | 
| 100 | 817.505(1)(b)2. or (c). | 
| 101 | Section 3.  Paragraphs (hh) and (ii) are added to | 
| 102 | subsection (1) of section 456.072, Florida Statutes, to read: | 
| 103 | 456.072  Grounds for discipline; penalties; enforcement.-- | 
| 104 | (1)  The following acts shall constitute grounds for which | 
| 105 | the disciplinary actions specified in subsection (2) may be | 
| 106 | taken: | 
| 107 | (hh)  Paying or receiving any commission, bonus, kickback, | 
| 108 | or rebate or engaging in any split-fee arrangement, in any form | 
| 109 | whatsoever, with a physician, organization, agency, or person, | 
| 110 | directly or indirectly, for patients referred to providers of | 
| 111 | health care goods and services, including, but not limited to, | 
| 112 | hospitals, nursing homes, clinical laboratories, ambulatory | 
| 113 | surgical centers, or pharmacies. The provisions of this | 
| 114 | paragraph shall not be construed to prevent a health care | 
| 115 | provider from receiving a fee for professional consultation | 
| 116 | services. | 
| 117 | (ii)  Submitting a claim for payment of diagnostic or | 
| 118 | treatment services of a person injured in an automobile crash | 
| 119 | when the licensee knows the automobile crash was staged or did | 
| 120 | not occur. | 
| 121 | Section 4.  Subsection (6) of section 626.989, Florida | 
| 122 | Statutes, is amended, and subsection (10) is added to that | 
| 123 | section, to read: | 
| 124 | 626.989  Investigation by department or Division of | 
| 125 | Insurance Fraud; compliance; immunity; confidential information; | 
| 126 | reports to division; division investigator's power of arrest.-- | 
| 127 | (6)  Any person, other than an insurer, agent, or other | 
| 128 | person licensed under the code, or an employee thereof, having | 
| 129 | knowledge or who believes that a fraudulent insurance act or any | 
| 130 | other act or practice which, upon conviction, constitutes a | 
| 131 | felony or a misdemeanor under the code, or under s. 817.234, is | 
| 132 | being or has been committed may send to the Division of | 
| 133 | Insurance Fraud a report or information pertinent to such | 
| 134 | knowledge or belief and such additional information relative | 
| 135 | thereto as the department may request. Any professional | 
| 136 | practitioner licensed or regulated by the Department of Business | 
| 137 | and Professional Regulation, except as otherwise provided by | 
| 138 | law, any medical review committee as defined in s. 766.101, any | 
| 139 | private medical review committee, and any insurer, agent, or | 
| 140 | other person licensed under the code, or an employee thereof, | 
| 141 | having knowledge or who believes that a fraudulent insurance act | 
| 142 | or any other act or practice which, upon conviction, constitutes | 
| 143 | a felony or a misdemeanor under the code, or under s. 817.234, | 
| 144 | is being or has been committed shall send to the Division of | 
| 145 | Insurance Fraud a report or information pertinent to such | 
| 146 | knowledge or belief and such additional information relative | 
| 147 | thereto as the department may require. The Division of Insurance | 
| 148 | Fraud shall review such information or reports and select such | 
| 149 | information or reports as, in its judgment, may require further | 
| 150 | investigation. It shall then cause an independent examination of | 
| 151 | the facts surrounding such information or report to be made to | 
| 152 | determine the extent, if any, to which a fraudulent insurance | 
| 153 | act or any other act or practice which, upon conviction, | 
| 154 | constitutes a felony or a misdemeanor under the code, or under | 
| 155 | s. 817.234, is being committed. The Division of Insurance Fraud | 
| 156 | shall report any alleged violations of law which its | 
| 157 | investigations disclose to the appropriate licensing agency and | 
| 158 | state attorney or other prosecuting agency having jurisdiction | 
| 159 | with respect to any such violation, as provided in s. 624.310. | 
| 160 | If prosecution by the state attorney or other prosecuting agency | 
| 161 | having jurisdiction with respect to such violation is not begun | 
| 162 | within 60 days of the division's report, the state attorney or | 
| 163 | other prosecuting agency having jurisdiction with respect to | 
| 164 | such violation shall inform the division of the reasons for the | 
| 165 | lack of prosecution. The division may adopt rules that set forth | 
| 166 | requirements for the manner in which suspected fraudulent | 
| 167 | activity shall be reported to the division through the use of a | 
| 168 | standard referral form. | 
| 169 | (10)  The Division of Insurance Fraud may develop and | 
| 170 | maintain a World Wide Web site page for the purpose of posting | 
| 171 | the identities and photographs of persons convicted of violating | 
| 172 | s. 817.234(9). | 
| 173 | Section 5.  Section 626.9893, Florida Statutes, is created | 
| 174 | to read: | 
| 175 | 626.9893  Disposition of revenues; criminal or forfeiture | 
| 176 | proceedings.-- | 
| 177 | (1)  The Division of Insurance Fraud of the Department of | 
| 178 | Financial Services may deposit revenues received as a result of | 
| 179 | criminal proceedings or forfeiture proceedings, other than | 
| 180 | revenues deposited into the Department of Financial Services' | 
| 181 | Federal Equitable Sharing Trust Fund under s. 17.43, into the | 
| 182 | Insurance Regulatory Trust Fund. Moneys deposited pursuant to | 
| 183 | this subsection shall be separately accounted for and shall be | 
| 184 | used solely for the division to carry out its duties and | 
| 185 | responsibilities. | 
| 186 | (2)  Moneys deposited into the Insurance Regulatory Trust | 
| 187 | Fund pursuant to subsection (1) shall be appropriated by the | 
| 188 | Legislature, pursuant to the provisions of chapter 216, for the | 
| 189 | sole purpose of enabling the division to carry out its duties | 
| 190 | and responsibilities. | 
| 191 | (3)  Notwithstanding the provisions of s. 216.301 and | 
| 192 | pursuant to s. 216.351, any balance of moneys deposited into the | 
| 193 | Insurance Regulatory Trust Fund pursuant to subsection (1) | 
| 194 | remaining at the end of any fiscal year shall remain in the | 
| 195 | trust fund at the end of that year and shall be available for | 
| 196 | carrying out the duties and responsibilities of the Division of | 
| 197 | Insurance Fraud. | 
| 198 | Section 6.  Subsection (14) is added to section 627.736, | 
| 199 | Florida Statutes, to read: | 
| 200 | 627.736  Required personal injury protection benefits; | 
| 201 | exclusions; priority; claims.-- | 
| 202 | (14)  FRAUD ADVISORY NOTICE.--Upon receiving notice of a | 
| 203 | claim under this section, an insurer shall provide to the | 
| 204 | insured or to a person for whom a claim for reimbursement for | 
| 205 | diagnosis or treatment of injuries has been filed, a notice that | 
| 206 | shall advise that: | 
| 207 | (a)  Pursuant to s. 626.9892, the Department of Financial | 
| 208 | Services may pay rewards of up to $25,000 to persons providing | 
| 209 | information leading to the arrest and conviction of persons | 
| 210 | committing crimes investigated by the Division of Insurance | 
| 211 | Fraud arising from violations of s. 440.105, s. 624.15, s. | 
| 212 | 626.9541, s. 626.989, or s. 817.234. | 
| 213 | (b)  Solicitation of a person injured in an automobile | 
| 214 | crash to be treated or represented by a particular health care | 
| 215 | provider or attorney could be a violation of s. 817.234, s. | 
| 216 | 817.505, or the rules regulating The Florida Bar and should | 
| 217 | immediately be reported to the department if illegal or | 
| 218 | unethical conduct is suspected. | 
| 219 | Section 7.  Paragraph (a) of subsection (7) and subsection | 
| 220 | (9) of section 817.234, Florida Statutes, are amended to read: | 
| 221 | 817.234  False and fraudulent insurance claims.-- | 
| 222 | (7)(a)  It shall constitute a material omission and | 
| 223 | insurance fraud, punishable as provided in subsection (11), for | 
| 224 | any service physician or otherprovider, other than a hospital, | 
| 225 | to engage in a general business practice of billing amounts as | 
| 226 | its usual and customary charge, if such provider has agreed with | 
| 227 | the insured patientor intends to waive deductibles or | 
| 228 | copayments, or does not for any other reason intend to collect | 
| 229 | the total amount of such charge. With respect to a determination | 
| 230 | as to whether a service physician or otherprovider has engaged | 
| 231 | in such general business practice, consideration shall be given | 
| 232 | to evidence of whether the service physician or otherprovider | 
| 233 | made a good faith attempt to collect such deductible or | 
| 234 | copayment. This paragraph does not apply to service physicians | 
| 235 | or otherproviders who waive deductibles or copayments or reduce | 
| 236 | their bills as part of a bodily injury settlement or verdict. | 
| 237 | (9)  A person may not organize, plan, or knowingly | 
| 238 | participate in an intentional motor vehicle crash or a scheme to | 
| 239 | create documentation of a motor vehicle crash that did not occur | 
| 240 | for the purpose of making motor vehicle tort claims or claims | 
| 241 | for personal injury protection benefits as required by s. | 
| 242 | 627.736. Any person who violates this subsection commits a | 
| 243 | felony of the second degree, punishable as provided in s. | 
| 244 | 775.082, s. 775.083, or s. 775.084. A person who is convicted of | 
| 245 | a violation of this subsection shall be sentenced to a minimum | 
| 246 | term of imprisonment of 2 years. | 
| 247 | Section 8.  Section 817.2361, Florida Statutes, is amended | 
| 248 | to read: | 
| 249 | 817.2361  False or fraudulent proof of motor vehicle | 
| 250 | insurance card.--Any person who, with intent to deceive any | 
| 251 | other person, creates, markets, or presents a false or | 
| 252 | fraudulent proof of motor vehicle insurance cardcommits a | 
| 253 | felony of the third degree, punishable as provided in s. | 
| 254 | 775.082, s. 775.083, or s. 775.084. | 
| 255 | Section 9.  Subsection (2) of section 817.50, Florida | 
| 256 | Statutes, is amended to read: | 
| 257 | 817.50  Fraudulently obtaining goods, services, etc., from | 
| 258 | a health care provider.-- | 
| 259 | (2)  If any person gives to any health care provider in | 
| 260 | this state a false or fictitious name or a false or fictitious | 
| 261 | address or assigns to any health care provider the proceeds of | 
| 262 | any health maintenance contract or insurance contract, then | 
| 263 | knowing that such contract is no longer in force, is invalid, or | 
| 264 | is void for any reason, such action shall be prima facie | 
| 265 | evidence of the intent of such person to defraud the health care | 
| 266 | provider. However, this subsection does not apply to | 
| 267 | investigative actions taken by law enforcement officers for law | 
| 268 | enforcement purposes in the course of their official duties. | 
| 269 | Section 10.  Paragraph (b) of subsection (1) and paragraph | 
| 270 | (a) of subsection (2) of section 817.505, Florida Statutes, are | 
| 271 | amended to read: | 
| 272 | 817.505  Patient brokering prohibited; exceptions; | 
| 273 | penalties.-- | 
| 274 | (1)  It is unlawful for any person, including any health | 
| 275 | care provider or health care facility, to: | 
| 276 | (b)  Solicit or receive any commission, bonus, rebate, | 
| 277 | kickback, or bribe, directly or indirectly, in cash or in kind, | 
| 278 | or engage in any split-fee arrangement, in any form whatsoever, | 
| 279 | in return for: | 
| 280 | 1.  Referring patients or patronage to a health care | 
| 281 | provider or health care facility; or | 
| 282 | 2.  Signing a disclosure and acknowledgment form or a | 
| 283 | patient log required by s. 627.736(5) when such medical | 
| 284 | treatment is intentionally not provided; or | 
| 285 | (2)  For the purposes of this section, the term: | 
| 286 | (a)  "Health care provider or health care facility" means | 
| 287 | any person or entity licensed, certified, or registered, or | 
| 288 | required to be licensed, certified, or registered, under part I, | 
| 289 | part II, part III, or part IV of chapter 395, part XIII of | 
| 290 | chapter 400, chapter 457, chapter 458, chapter 459, chapter 460, | 
| 291 | chapter 461, chapter 462, chapter 463, chapter 464, chapter 465, | 
| 292 | chapter 466, chapter 467, part I, part II, part III, part IV, | 
| 293 | part X, part XIII, or part XIV of chapter 468, chapter 480, | 
| 294 | chapter 484, chapter 486, chapter 490, or chapter 491, or | 
| 295 | lawfully exempt from such licensure, certification, or | 
| 296 | registration with the Agency for Health Care Administration; any | 
| 297 | person or entity that has contracted with the Agency for Health | 
| 298 | Care Administration to provide goods or services to Medicaid | 
| 299 | recipients as provided under s. 409.907; a county health | 
| 300 | department established under part I of chapter 154; any | 
| 301 | community service provider contracting with the Department of | 
| 302 | Children and Family Services to furnish alcohol, drug abuse, or | 
| 303 | mental health services under part IV of chapter 394; any | 
| 304 | substance abuse service provider licensed under chapter 397; or | 
| 305 | any federally supported primary care program such as a migrant | 
| 306 | or community health center authorized under ss. 329 and 330 of | 
| 307 | the United States Public Health Services Act. | 
| 308 | Section 11.  Section 843.08, Florida Statutes, is amended | 
| 309 | to read: | 
| 310 | 843.08  Falsely personating officer, etc.--A person who | 
| 311 | falsely assumes or pretends to be a sheriff, officer of the | 
| 312 | Florida Highway Patrol, officer of the Fish and Wildlife | 
| 313 | Conservation Commission, officer of the Department of | 
| 314 | Environmental Protection, officer of the Department of | 
| 315 | Transportation, officer of the Department of Corrections, | 
| 316 | officer of the Department of Financial Services, correctional | 
| 317 | probation officer, deputy sheriff, state attorney or assistant | 
| 318 | state attorney, statewide prosecutor or assistant statewide | 
| 319 | prosecutor, state attorney investigator, coroner, police | 
| 320 | officer, lottery special agent or lottery investigator, beverage | 
| 321 | enforcement agent, or watchman, or any member of the Parole | 
| 322 | Commission and any administrative aide or supervisor employed by | 
| 323 | the commission, or any personnel or representative of the | 
| 324 | Department of Law Enforcement, and takes upon himself or herself | 
| 325 | to act as such, or to require any other person to aid or assist | 
| 326 | him or her in a matter pertaining to the duty of any such | 
| 327 | officer, commits a felony of the third degree, punishable as | 
| 328 | provided in s. 775.082, s. 775.083, or s. 775.084; however, a | 
| 329 | person who falsely personates any such officer during the course | 
| 330 | of the commission of a felony commits a felony of the second | 
| 331 | degree, punishable as provided in s. 775.082, s. 775.083, or s. | 
| 332 | 775.084; except that if the commission of the felony results in | 
| 333 | the death or personal injury of another human being, the person | 
| 334 | commits a felony of the first degree, punishable as provided in | 
| 335 | s. 775.082, s. 775.083, or s. 775.084. | 
| 336 | Section 12.  Paragraph (n) is added to subsection (6) of | 
| 337 | section 932.7055, Florida Statutes, to read: | 
| 338 | 932.7055  Disposition of liens and forfeited property.-- | 
| 339 | (6)  If the seizing agency is a state agency, all remaining | 
| 340 | proceeds shall be deposited into the General Revenue Fund. | 
| 341 | However, if the seizing agency is: | 
| 342 | (n)  The Division of Insurance Fraud of the Department of | 
| 343 | Financial Services, the proceeds accrued under the Florida | 
| 344 | Contraband Forfeiture Act shall be deposited into the Insurance | 
| 345 | Regulatory Trust Fund as provided in s. 626.9893 or into the | 
| 346 | Department of Financial Services' Federal Equitable Sharing | 
| 347 | Trust Fund as provided in s. 17.43, as applicable. | 
| 348 | Section 13.  Effective upon this act becoming a law, | 
| 349 | section 19 of chapter 2003-411, Laws of Florida, is repealed. | 
| 350 | Section 14.  If any provision of this act or its | 
| 351 | application to any person or circumstance is held invalid, the | 
| 352 | invalidity does not affect other provisions or applications of | 
| 353 | the act which can be given effect without the invalid provision | 
| 354 | or application, and to this end the provisions of this act are | 
| 355 | declared severable. | 
| 356 | Section 15.  For the 2006-2007 fiscal year: | 
| 357 | (1)  The sum of $1,670,000 in recurring funds is | 
| 358 | appropriated from the Insurance Regulatory Trust Fund, and nine | 
| 359 | new positions are authorized to the Division of Insurance Fraud | 
| 360 | within the Department of Financial Services. The purposes of | 
| 361 | this appropriation are to administer and implement the | 
| 362 | provisions of s. 626.989, Florida Statutes, establish a new | 
| 363 | fraud unit in the Division of Insurance Fraud of the Department | 
| 364 | of Financial Services, and provide an approximate $10,000 salary | 
| 365 | increase for each of the 122 existing sworn fraud law | 
| 366 | enforcement investigators within the Division of Insurance Fraud | 
| 367 | to achieve relative parity with investigators who have similar | 
| 368 | responsibilities at other state law enforcement agencies. The | 
| 369 | Legislature recognizes and finds that without such an increase, | 
| 370 | the Division of Insurance Fraud will continue to have difficulty | 
| 371 | recruiting, training, and retaining qualified and experienced | 
| 372 | fraud investigators. | 
| 373 | (2)  The sum of $750,000 in recurring funds is appropriated | 
| 374 | to the state attorneys' offices in the six judicial circuits | 
| 375 | comprising Broward, Palm Beach, Hillsborough, Pinellas/Pasco, | 
| 376 | Duval, and Orange Counties. The purpose of this appropriation is | 
| 377 | to establish and fund six new prosecutors dedicated to insurance | 
| 378 | fraud cases. | 
| 379 | Section 16.  Except as otherwise expressly provided in this | 
| 380 | act, this act shall take effect July 1, 2006. |