| 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. 316.068, F.S.; specifying information to be included in |
| 8 | a crash report; creating a rebuttable presumption relating |
| 9 | to the absence of certain information in such reports; |
| 10 | amending s. 322.21, F.S.; providing an additional fee for |
| 11 | certain offenses relating to insurance crimes; providing |
| 12 | for deposit of the fee into the Highway Safety Operating |
| 13 | Trust Fund; amending s. 322.26, F.S.; providing an |
| 14 | additional circumstance relating to insurance crimes for |
| 15 | mandatory revocation of a person's driver's license; |
| 16 | amending s. 400.9935, F.S.; requiring health care clinics |
| 17 | to display signs containing certain information relating |
| 18 | to insurance fraud; authorizing compliance inspections by |
| 19 | the Division of Insurance Fraud; requiring clinics to |
| 20 | allow inspection access; amending s. 440.105, F.S.; |
| 21 | deleting the provision that a violation of a stop-work |
| 22 | order is a misdemeanor of the first degree; amending s. |
| 23 | 456.054, F.S.; revising the definition of the term |
| 24 | "kickback" for criminal prosecution purposes; amending s. |
| 25 | 624.15, F.S.; specifying violations of rules of the |
| 26 | Department of Financial Services, Office of Insurance |
| 27 | Regulation, or Financial Services Commission as |
| 28 | misdemeanors; specifying a violation of emergency rules or |
| 29 | orders as a felony of the third degree; providing |
| 30 | penalties; providing for nonapplication to certain |
| 31 | persons; amending s. 626.112, F.S.; providing a criminal |
| 32 | penalty for knowingly transacting insurance without a |
| 33 | license; amending s. 626.938, F.S.; revising provisions |
| 34 | requiring a report and taxation of independently procured |
| 35 | coverages; specifying nonauthorization of independent |
| 36 | procurement of workers' compensation, life, or health |
| 37 | insurance; amending s. 626.9891, F.S.; expanding |
| 38 | authorization to impose administrative fines on insurers |
| 39 | for failure to comply with certain anti-fraud plan or |
| 40 | anti-fraud investigative unit description requirements; |
| 41 | creating s. 626.9893, F.S.; authorizing the division to |
| 42 | deposit certain revenues into the Insurance Regulatory |
| 43 | Trust Fund; specifying accounting and uses of such |
| 44 | revenues; providing for appropriation and use of such |
| 45 | revenues; amending s. 627.736, F.S.; requiring insurers to |
| 46 | provide certain persons with notice of the department's |
| 47 | Anti-Fraud Reward Program and the criminal violations that |
| 48 | may be reported in pursuit of a reward; amending s. |
| 49 | 817.234, F.S.; revising provisions specifying material |
| 50 | omission and insurance fraud; prohibiting scheming to |
| 51 | create documentation of a motor vehicle crash that did not |
| 52 | occur; providing a criminal penalty; amending s. 817.2361, |
| 53 | F.S.; providing that creating, marketing, or presenting |
| 54 | fraudulent proof of motor vehicle insurance is a felony of |
| 55 | the third degree; amending s. 817.50, F.S.; specifying |
| 56 | nonapplication of provisions specifying evidence of intent |
| 57 | to defraud to certain investigative actions taken by law |
| 58 | enforcement officers; amending s. 817.505, F.S.; providing |
| 59 | an additional patient brokering prohibition, to which |
| 60 | penalties apply; revising a definition; amending s. |
| 61 | 843.08, F.S.; providing a criminal penalty for falsely |
| 62 | assuming or pretending to be an officer of the Department |
| 63 | of Financial Services; amending s. 932.7055, F.S.; |
| 64 | requiring certain proceeds seized by the division under |
| 65 | the Florida Contraband Forfeiture Act to be deposited into |
| 66 | certain trust funds; providing severability; providing an |
| 67 | effective date. |
| 68 |
|
| 69 | Be It Enacted by the Legislature of the State of Florida: |
| 70 |
|
| 71 | Section 1. Subsection (2) of section 316.068, Florida |
| 72 | Statutes, is amended to read: |
| 73 | 316.068 Crash report forms.-- |
| 74 | (2) Every crash report required to be made in writing must |
| 75 | be made on the appropriate form approved by the department and |
| 76 | must contain all the information required therein, including: |
| 77 | (a) The date, time, and location of the crash; |
| 78 | (b) A description of the vehicles involved; |
| 79 | (c) The names and addresses of the parties involved; |
| 80 | (d) The names and addresses of all drivers and passengers |
| 81 | in the vehicles involved; |
| 82 | (e) The names and addresses of witnesses; |
| 83 | (f) The name, badge number, and law enforcement agency of |
| 84 | the officer investigating the crash; and |
| 85 | (g) The names of the insurance companies for the |
| 86 | respective parties involved in the crash, |
| 87 |
|
| 88 | unless not available. The absence of information in such written |
| 89 | crash reports regarding the existence of passengers in the |
| 90 | vehicles involved in the crash constitutes a rebuttable |
| 91 | presumption that no such passengers were involved in the |
| 92 | reported crash. Notwithstanding any other provisions of this |
| 93 | section, a crash report produced electronically by a law |
| 94 | enforcement officer must, at a minimum, contain the same |
| 95 | information as is called for on those forms approved by the |
| 96 | department. |
| 97 | Section 2. Subsection (8) of section 322.21, Florida |
| 98 | Statutes, is amended to read: |
| 99 | 322.21 License fees; procedure for handling and collecting |
| 100 | fees.-- |
| 101 | (8) Any person who applies for reinstatement following the |
| 102 | suspension or revocation of the person's driver's license shall |
| 103 | pay a service fee of $35 following a suspension, and $60 |
| 104 | following a revocation, which is in addition to the fee for a |
| 105 | license. Any person who applies for reinstatement of a |
| 106 | commercial driver's license following the disqualification of |
| 107 | the person's privilege to operate a commercial motor vehicle |
| 108 | shall pay a service fee of $60, which is in addition to the fee |
| 109 | for a license. The department shall collect all of these fees at |
| 110 | the time of reinstatement. The department shall issue proper |
| 111 | receipts for such fees and shall promptly transmit all funds |
| 112 | received by it as follows: |
| 113 | (a) Of the $35 fee received from a licensee for |
| 114 | reinstatement following a suspension, the department shall |
| 115 | deposit $15 in the General Revenue Fund and $20 in the Highway |
| 116 | Safety Operating Trust Fund. |
| 117 | (b) Of the $60 fee received from a licensee for |
| 118 | reinstatement following a revocation or disqualification, the |
| 119 | department shall deposit $35 in the General Revenue Fund and $25 |
| 120 | in the Highway Safety Operating Trust Fund. |
| 121 |
|
| 122 | If the revocation or suspension of the driver's license was for |
| 123 | a violation of s. 316.193, or for refusal to submit to a lawful |
| 124 | breath, blood, or urine test, an additional fee of $115 must be |
| 125 | charged. However, only one $115 fee may be collected from one |
| 126 | person convicted of violations arising out of the same incident. |
| 127 | The department shall collect the $115 fee and deposit the fee |
| 128 | into the Highway Safety Operating Trust Fund at the time of |
| 129 | reinstatement of the person's driver's license, but the fee may |
| 130 | not be collected if the suspension or revocation is overturned. |
| 131 | If the revocation or suspension of the driver's license was for |
| 132 | a conviction for a violation of s. 817.234(8) or (9) or s. |
| 133 | 817.505, an additional fee of $180 is imposed for each offense. |
| 134 | The department shall collect and deposit the additional fee into |
| 135 | the Highway Safety Operating Trust Fund at the time of |
| 136 | reinstatement of the person's driver's license. |
| 137 | Section 3. Subsection (9) is added to section 322.26, |
| 138 | Florida Statutes, to read: |
| 139 | 322.26 Mandatory revocation of license by department.--The |
| 140 | department shall forthwith revoke the license or driving |
| 141 | privilege of any person upon receiving a record of such person's |
| 142 | conviction of any of the following offenses: |
| 143 | (9) Conviction in any court having jurisdiction over |
| 144 | offenses committed under s. 817.234(8) or (9) or s. 817.505. |
| 145 | Section 4. Subsection (13) is added to section 400.9935, |
| 146 | Florida Statutes, to read: |
| 147 | 400.9935 Clinic responsibilities.-- |
| 148 | (13) The clinic shall display a sign in a conspicuous |
| 149 | location within the clinic readily visible to all patients |
| 150 | indicating that, pursuant to s. 626.9892, the Department of |
| 151 | Financial Services may pay rewards of up to $25,000 to persons |
| 152 | providing information leading to the arrest and conviction of |
| 153 | persons committing crimes investigated by the Division of |
| 154 | Insurance Fraud arising from violations of s. 440.105, s. |
| 155 | 624.15, s. 626.9541, s. 626.989, or s. 817.234. An authorized |
| 156 | employee of the Division of Insurance Fraud may make unannounced |
| 157 | inspections of a clinic licensed under this part as necessary to |
| 158 | determine whether the clinic is in compliance with this |
| 159 | subsection. A licensed clinic shall allow full and complete |
| 160 | access to the premises to such authorized employee of the |
| 161 | division who makes an inspection to determine compliance with |
| 162 | this subsection. |
| 163 | Section 5. Paragraph (a) of subsection (2) of section |
| 164 | 440.105, Florida Statutes, is amended to read: |
| 165 | 440.105 Prohibited activities; reports; penalties; |
| 166 | limitations.-- |
| 167 | (2) Whoever violates any provision of this subsection |
| 168 | commits a misdemeanor of the first degree, punishable as |
| 169 | provided in s. 775.082 or s. 775.083. |
| 170 | (a) It shall be unlawful for any employer to knowingly: |
| 171 | 1. Coerce or attempt to coerce, as a precondition to |
| 172 | employment or otherwise, an employee to obtain a certificate of |
| 173 | election of exemption pursuant to s. 440.05. |
| 174 | 2. Discharge or refuse to hire an employee or job |
| 175 | applicant because the employee or applicant has filed a claim |
| 176 | for benefits under this chapter. |
| 177 | 3. Discharge, discipline, or take any other adverse |
| 178 | personnel action against any employee for disclosing information |
| 179 | to the department or any law enforcement agency relating to any |
| 180 | violation or suspected violation of any of the provisions of |
| 181 | this chapter or rules promulgated hereunder. |
| 182 | 4. Violate a stop-work order issued by the department |
| 183 | pursuant to s. 440.107. |
| 184 | Section 6. Subsection (1) of section 456.054, Florida |
| 185 | Statutes, is amended to read: |
| 186 | 456.054 Kickbacks prohibited.-- |
| 187 | (1) As used in this section, the term "kickback" means a |
| 188 | remuneration or payment back pursuant to an investment interest, |
| 189 | compensation arrangement, or otherwise, by or on behalf of a |
| 190 | provider of health care services or items, of a portion of the |
| 191 | charges for services rendered to any person a referring health |
| 192 | care provider as an incentive or inducement to refer patients |
| 193 | for past or future services or items, when the payment is not |
| 194 | tax deductible as an ordinary and necessary expense. |
| 195 | Section 7. Section 624.15, Florida Statutes, is amended to |
| 196 | read: |
| 197 | 624.15 General penalty.-- |
| 198 | (1) Each willful violation of this code or rule of the |
| 199 | department, office, or commission as to which a greater penalty |
| 200 | is not provided by another provision of this code or rule of the |
| 201 | department, office, or commission or by other applicable laws of |
| 202 | this state is a misdemeanor of the second degree and is, in |
| 203 | addition to any prescribed applicable denial, suspension, or |
| 204 | revocation of certificate of authority, license, or permit, |
| 205 | punishable as provided in s. 775.082 or s. 775.083. Each |
| 206 | instance of such violation shall be considered a separate |
| 207 | offense. |
| 208 | (2) Each willful violation of an emergency rule or order |
| 209 | of the department, office, or commission by a person who is not |
| 210 | licensed, authorized, or eligible to engage in business in |
| 211 | accordance with the Florida Insurance Code is a felony of the |
| 212 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 213 | or s. 775.084. Each instance of such violation is a separate |
| 214 | offense. This subsection does not apply to licensees or |
| 215 | affiliated parties of licensees. |
| 216 | Section 8. Subsection (9) is added to section 626.112, |
| 217 | Florida Statutes, to read: |
| 218 | 626.112 License and appointment required; agents, customer |
| 219 | representatives, adjusters, insurance agencies, service |
| 220 | representatives, managing general agents.-- |
| 221 | (9) Any person who knowingly transacts insurance or |
| 222 | otherwise engages in insurance activities in this state without |
| 223 | a license in violation of this section commits a felony of the |
| 224 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 225 | or s. 775.084. |
| 226 | Section 9. Subsections (1), (2), and (9) of section |
| 227 | 626.938, Florida Statutes, are amended to read: |
| 228 | 626.938 Report and tax of independently procured |
| 229 | coverages.-- |
| 230 | (1) Every insured who in this state procures or causes to |
| 231 | be procured or continues or renews insurance from another state |
| 232 | or country with an unauthorized foreign or alien insurer |
| 233 | legitimately licensed in that jurisdiction, or any self-insurer |
| 234 | who in this state so procures or continues excess loss, |
| 235 | catastrophe, or other insurance, upon a subject of insurance |
| 236 | resident, located, or to be performed within this state, other |
| 237 | than insurance procured through a surplus lines agent pursuant |
| 238 | to the Surplus Lines Law of this state or exempted from tax |
| 239 | under s. 626.932(4), shall, within 30 days after the date such |
| 240 | insurance was so procured, continued, or renewed, file a report |
| 241 | of the same with the Florida Surplus Lines Service Office in |
| 242 | writing and upon forms designated by the Florida Surplus Lines |
| 243 | Service Office and furnished to such an insured upon request, or |
| 244 | in a computer readable format as determined by the Florida |
| 245 | Surplus Lines Service Office. The report shall show the name and |
| 246 | address of the insured or insureds, the name and address of the |
| 247 | insurer, the subject of the insurance, a general description of |
| 248 | the coverage, the amount of premium currently charged therefor, |
| 249 | and such additional pertinent information as is reasonably |
| 250 | requested by the Florida Surplus Lines Service Office. |
| 251 | (2) Any insurance on a risk located in this state in an |
| 252 | unauthorized insurer legitimately licensed in another state or |
| 253 | country procured through solicitations, negotiations, or an |
| 254 | application, in whole or in part occurring or made outside |
| 255 | within or from within this state, or for which premiums in whole |
| 256 | or in part are remitted directly or indirectly from within this |
| 257 | state, shall be deemed to be insurance procured, continued, or |
| 258 | renewed in this state within the intent of subsection (1). |
| 259 | (9) This section does not authorize independent |
| 260 | procurement of workers' compensation insurance, apply as to life |
| 261 | insurance, or health insurance. |
| 262 | Section 10. Subsection (7) of section 626.9891, Florida |
| 263 | Statutes, is amended to read: |
| 264 | 626.9891 Insurer anti-fraud investigative units; reporting |
| 265 | requirements; penalties for noncompliance.-- |
| 266 | (7) If an insurer fails to timely submit a final |
| 267 | acceptable anti-fraud plan or anti-fraud investigative unit |
| 268 | description otherwise fails to submit a plan, fails to implement |
| 269 | the provisions of a plan or an anti-fraud investigative unit |
| 270 | description, or otherwise refuses to comply with the provisions |
| 271 | of this section, the department, office, or commission may: |
| 272 | (a) Impose an administrative fine of not more than $2,000 |
| 273 | per day for such failure by an insurer to submit an acceptable |
| 274 | anti-fraud plan or anti-fraud investigative unit description, |
| 275 | until the department, office, or commission deems the insurer to |
| 276 | be in compliance; |
| 277 | (b) Impose an administrative fine for failure by an upon |
| 278 | the insurer to implement or follow the provisions of an anti- |
| 279 | fraud plan or anti-fraud investigative unit description a fraud |
| 280 | detection and prevention plan that is deemed to be appropriate |
| 281 | by the department and that must be implemented by the insurer; |
| 282 | or |
| 283 | (c) Impose the provisions of both paragraphs (a) and (b). |
| 284 | Section 11. Section 626.9893, Florida Statutes, is created |
| 285 | to read: |
| 286 | 626.9893 Disposition of revenues; criminal or forfeiture |
| 287 | proceedings.-- |
| 288 | (1) The Division of Insurance Fraud of the Department of |
| 289 | Financial Services may deposit revenues received as a result of |
| 290 | criminal proceedings or forfeiture proceedings, other than |
| 291 | revenues deposited into the Department of Financial Services' |
| 292 | Federal Equitable Sharing Trust Fund under s. 17.43, into the |
| 293 | Insurance Regulatory Trust Fund. Moneys deposited pursuant to |
| 294 | this section shall be separately accounted for and shall be used |
| 295 | solely for the division to carry out its duties and |
| 296 | responsibilities. |
| 297 | (2) Moneys deposited into the Insurance Regulatory Trust |
| 298 | Fund pursuant to this section shall be appropriated by the |
| 299 | Legislature, pursuant to the provisions of chapter 216, for the |
| 300 | sole purpose of enabling the division to carry out its duties |
| 301 | and responsibilities. |
| 302 | (3) Notwithstanding the provisions of s. 216.301 and |
| 303 | pursuant to s. 216.351, any balance of moneys deposited into the |
| 304 | Insurance Regulatory Trust Fund pursuant to this section |
| 305 | remaining at the end of any fiscal year shall remain in the |
| 306 | trust fund at the end of that year and shall be available for |
| 307 | carrying out the duties and responsibilities of the division. |
| 308 | Section 12. Subsection (14) is added to section 627.736, |
| 309 | Florida Statutes, to read: |
| 310 | 627.736 Required personal injury protection benefits; |
| 311 | exclusions; priority; claims.-- |
| 312 | (14) FRAUD ADVISORY NOTICE.--Upon receiving notice of a |
| 313 | claim under this section, an insurer shall provide a notice to |
| 314 | the insured or to a person for whom a claim for reimbursement |
| 315 | for diagnosis or treatment of injuries has been filed, advising |
| 316 | that: |
| 317 | (a) Pursuant to s. 626.9892, the Department of Financial |
| 318 | Services may pay rewards of up to $25,000 to persons providing |
| 319 | information leading to the arrest and conviction of persons |
| 320 | committing crimes investigated by the Division of Insurance |
| 321 | Fraud arising from violations of s. 440.105, s. 624.15, s. |
| 322 | 626.9541, s. 626.989, or s. 817.234. |
| 323 | (b) Solicitation of a person injured in a motor vehicle |
| 324 | crash for purposes of filing personal injury protection or tort |
| 325 | claims could be a violation of s. 817.234, s. 817.505, or the |
| 326 | rules regulating The Florida Bar and should be immediately |
| 327 | reported to the Division of Insurance Fraud if such conduct has |
| 328 | taken place. |
| 329 | Section 13. Paragraph (a) of subsection (7) and subsection |
| 330 | (9) of section 817.234, Florida Statutes, are amended to read: |
| 331 | 817.234 False and fraudulent insurance claims.-- |
| 332 | (7)(a) It shall constitute a material omission and |
| 333 | insurance fraud, punishable as provided in subsection (11), for |
| 334 | any service physician or other provider, other than a hospital, |
| 335 | to engage in a general business practice of billing amounts as |
| 336 | its usual and customary charge, if such provider has agreed with |
| 337 | the insured patient or intends to waive deductibles or |
| 338 | copayments, or does not for any other reason intend to collect |
| 339 | the total amount of such charge. With respect to a determination |
| 340 | as to whether a service physician or other provider has engaged |
| 341 | in such general business practice, consideration shall be given |
| 342 | to evidence of whether the physician or other provider made a |
| 343 | good faith attempt to collect such deductible or copayment. This |
| 344 | paragraph does not apply to physicians or other providers who |
| 345 | waive deductibles or copayments or reduce their bills as part of |
| 346 | a bodily injury settlement or verdict. |
| 347 | (9) A person may not organize, plan, or knowingly |
| 348 | participate in an intentional motor vehicle crash or a scheme to |
| 349 | create documentation of a motor vehicle crash that did not occur |
| 350 | for the purpose of making motor vehicle tort claims or claims |
| 351 | for personal injury protection benefits as required by s. |
| 352 | 627.736. Any person who violates this subsection commits a |
| 353 | felony of the second degree, punishable as provided in s. |
| 354 | 775.082, s. 775.083, or s. 775.084. A person who is convicted of |
| 355 | a violation of this subsection shall be sentenced to a minimum |
| 356 | term of imprisonment of 2 years. |
| 357 | Section 14. Section 817.2361, Florida Statutes, is amended |
| 358 | to read: |
| 359 | 817.2361 False or fraudulent proof of motor vehicle |
| 360 | insurance card.--Any person who, with intent to deceive any |
| 361 | other person, creates, markets, or presents a false or |
| 362 | fraudulent proof of motor vehicle insurance card commits a |
| 363 | felony of the third degree, punishable as provided in s. |
| 364 | 775.082, s. 775.083, or s. 775.084. |
| 365 | Section 15. Subsection (2) of section 817.50, Florida |
| 366 | Statutes, is amended to read: |
| 367 | 817.50 Fraudulently obtaining goods, services, etc., from |
| 368 | a health care provider.-- |
| 369 | (2) If any person gives to any health care provider in |
| 370 | this state a false or fictitious name or a false or fictitious |
| 371 | address or assigns to any health care provider the proceeds of |
| 372 | any health maintenance contract or insurance contract, then |
| 373 | knowing that such contract is no longer in force, is invalid, or |
| 374 | is void for any reason, such action shall be prima facie |
| 375 | evidence of the intent of such person to defraud the health care |
| 376 | provider. However, this subsection does not apply to |
| 377 | investigative actions taken by law enforcement officers for law |
| 378 | enforcement purposes in the course of their official duties. |
| 379 | Section 16. Subsection (1) and paragraph (a) of subsection |
| 380 | (2) of section 817.505, Florida Statutes, are amended to read: |
| 381 | 817.505 Patient brokering prohibited; exceptions; |
| 382 | penalties.-- |
| 383 | (1) It is unlawful for any person, including any health |
| 384 | care provider or health care facility, to: |
| 385 | (a) Offer or pay any commission, bonus, rebate, kickback, |
| 386 | or bribe, directly or indirectly, in cash or in kind, or engage |
| 387 | in any split-fee arrangement, in any form whatsoever, to induce |
| 388 | the referral of patients or patronage to or from a health care |
| 389 | provider or health care facility; |
| 390 | (b) Solicit or receive any commission, bonus, rebate, |
| 391 | kickback, or bribe, directly or indirectly, in cash or in kind, |
| 392 | or engage in any split-fee arrangement, in any form whatsoever, |
| 393 | in return for referring patients or patronage to or from a |
| 394 | health care provider or health care facility; or |
| 395 | (c) Solicit or receive any commission, bonus, rebate, |
| 396 | kickback, or bribe, directly or indirectly, in cash or in kind, |
| 397 | or engage in any split-fee arrangement, in any form whatsoever, |
| 398 | in return for the acceptance or acknowledgement of treatment |
| 399 | from a health care provider or health care facility; or |
| 400 | (d)(c) Aid, abet, advise, or otherwise participate in the |
| 401 | conduct prohibited under paragraph (a), or paragraph (b), or |
| 402 | paragraph (c). |
| 403 | (2) For the purposes of this section, the term: |
| 404 | (a) "Health care provider or health care facility" means |
| 405 | any person or entity licensed, certified, or registered; |
| 406 | required to be licensed, certified, or registered; or lawfully |
| 407 | exempt from being required to be licensed, certified, or |
| 408 | registered with the Agency for Health Care Administration or the |
| 409 | Department of Health; any person or entity that has contracted |
| 410 | with the Agency for Health Care Administration to provide goods |
| 411 | or services to Medicaid recipients as provided under s. 409.907; |
| 412 | a county health department established under part I of chapter |
| 413 | 154; any community service provider contracting with the |
| 414 | Department of Children and Family Services to furnish alcohol, |
| 415 | drug abuse, or mental health services under part IV of chapter |
| 416 | 394; any substance abuse service provider licensed under chapter |
| 417 | 397; or any federally supported primary care program such as a |
| 418 | migrant or community health center authorized under ss. 329 and |
| 419 | 330 of the United States Public Health Services Act. |
| 420 | Section 17. Section 843.08, Florida Statutes, is amended |
| 421 | to read: |
| 422 | 843.08 Falsely personating officer, etc.--A person who |
| 423 | falsely assumes or pretends to be a sheriff, officer of the |
| 424 | Florida Highway Patrol, officer of the Fish and Wildlife |
| 425 | Conservation Commission, officer of the Department of |
| 426 | Environmental Protection, officer of the Department of |
| 427 | Transportation, officer of the Department of Financial Services, |
| 428 | officer of the Department of Corrections, correctional probation |
| 429 | officer, deputy sheriff, state attorney or assistant state |
| 430 | attorney, statewide prosecutor or assistant statewide |
| 431 | prosecutor, state attorney investigator, coroner, police |
| 432 | officer, lottery special agent or lottery investigator, beverage |
| 433 | enforcement agent, or watchman, or any member of the Parole |
| 434 | Commission and any administrative aide or supervisor employed by |
| 435 | the commission, or any personnel or representative of the |
| 436 | Department of Law Enforcement, and takes upon himself or herself |
| 437 | to act as such, or to require any other person to aid or assist |
| 438 | him or her in a matter pertaining to the duty of any such |
| 439 | officer, commits a felony of the third degree, punishable as |
| 440 | provided in s. 775.082, s. 775.083, or s. 775.084; however, a |
| 441 | person who falsely personates any such officer during the course |
| 442 | of the commission of a felony commits a felony of the second |
| 443 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 444 | 775.084; except that if the commission of the felony results in |
| 445 | the death or personal injury of another human being, the person |
| 446 | commits a felony of the first degree, punishable as provided in |
| 447 | s. 775.082, s. 775.083, or s. 775.084. |
| 448 | Section 18. Paragraph (n) is added to subsection (6) of |
| 449 | section 932.7055, Florida Statutes, to read: |
| 450 | 932.7055 Disposition of liens and forfeited property.-- |
| 451 | (6) If the seizing agency is a state agency, all remaining |
| 452 | proceeds shall be deposited into the General Revenue Fund. |
| 453 | However, if the seizing agency is: |
| 454 | (n) The Division of Insurance Fraud of the Department of |
| 455 | Financial Services, the proceeds accrued pursuant to the |
| 456 | provisions of the Florida Contraband Forfeiture Act shall be |
| 457 | deposited into the Insurance Regulatory Trust Fund as provided |
| 458 | in s. 626.9893 or into the Department of Financial Services' |
| 459 | Federal Equitable Sharing Trust Fund as provided in s. 17.43, as |
| 460 | applicable. |
| 461 | Section 19. If any provision of this act or the |
| 462 | application thereof to any person or circumstance is held |
| 463 | invalid, the invalidity does not affect other provisions or |
| 464 | applications of the act which can be given effect without the |
| 465 | invalid provision or application, and, to this end, the |
| 466 | provisions of this act are declared severable. |
| 467 | Section 20. This act shall take effect July 1, 2006. |