HB 561

1
A bill to be entitled
2An act relating to offenses involving insurance; amending
3s. 316.068, F.S.; specifying information to be included in
4a crash report; creating a rebuttable presumption relating
5to the absence of certain information in such reports;
6amending s. 322.21, F.S.; providing an additional fee for
7certain offenses relating to insurance crimes; providing
8for deposit of the fee into the Highway Safety Operating
9Trust Fund; amending s. 322.26, F.S.; providing an
10additional circumstance relating to insurance crimes for
11mandatory revocation of a person's driver's license;
12amending s. 400.9935, F.S.; prohibiting medical directors
13from referring specified patients to certain clinics for
14specified medical examinations and tests; providing a
15definition; providing criminal penalties; requiring health
16care clinics to display signs containing certain
17information relating to insurance fraud; authorizing
18compliance inspections by the Division of Insurance Fraud;
19requiring clinics to allow inspection access; amending s.
20440.105, F.S.; deleting the provision that a violation of
21a stop-work order is a misdemeanor of the first degree;
22making unlawful a failure to secure required workers'
23compensation insurance coverage; providing criminal
24penalties; amending s. 456.054, F.S.; revising the
25definition of the term "kickback" for criminal prosecution
26purposes; amending s. 624.15, F.S.; specifying violations
27of rules of the Department of Financial Services, Office
28of Insurance Regulation, or Financial Services Commission
29as misdemeanors; specifying a violation of emergency rules
30or orders as a felony of the third degree; providing
31penalties; providing for nonapplication to certain
32persons; amending s. 626.112, F.S.; providing a criminal
33penalty for knowingly transacting insurance without a
34license; amending s. 626.938, F.S.; revising provisions
35requiring a report and taxation of independently procured
36coverages; specifying nonauthorization of independent
37procurement of workers' compensation, life, or health
38insurance; amending s. 626.9891, F.S.; expanding
39authorization to impose administrative fines on insurers
40for failure to comply with certain anti-fraud plan or
41anti-fraud investigative unit description requirements;
42creating s. 626.9893, F.S.; authorizing the division to
43deposit certain revenues into the Insurance Regulatory
44Trust Fund; specifying accounting and uses of such
45revenues; providing for appropriation and use of such
46revenues; amending s. 627.4133, F.S.; providing a
47limitation on retroactive assumption of certain coverages
48and liabilities; amending s. 627.736, F.S.; requiring
49insurers to provide certain persons with notice of the
50department's Anti-Fraud Reward Program and the criminal
51violations that may be reported in pursuit of a reward;
52amending s. 627.7401, F.S.; specifying additional
53requirements for Financial Services Commission
54notification of an insured's rights; amending s. 627.912,
55F.S.; authorizing the office to impose fines; authorizing
56the office to adjust such fines under certain
57circumstances; amending s. 817.234, F.S.; revising
58provisions specifying material omission and insurance
59fraud; prohibiting scheming to create documentation of a
60motor vehicle crash that did not occur; providing a
61criminal penalty; amending s. 817.2361, F.S.; providing
62that creating, marketing, or presenting fraudulent proof
63of motor vehicle insurance is a felony of the third
64degree; amending s. 817.50, F.S.; specifying
65nonapplication of provisions specifying evidence of intent
66to defraud to certain investigative actions taken by law
67enforcement officers; amending s. 817.505, F.S.; providing
68an additional patient brokering prohibition, to which
69penalties apply; revising a definition; amending s.
70843.08, F.S.; providing a criminal penalty for falsely
71assuming or pretending to be an officer of the Department
72of Financial Services; amending s. 932.7055, F.S.;
73requiring certain proceeds seized by the division under
74the Florida Contraband Forfeiture Act to be deposited into
75certain trust funds; providing severability; providing an
76effective date.
77
78Be It Enacted by the Legislature of the State of Florida:
79
80     Section 1.  Subsection (2) of section 316.068, Florida
81Statutes, is amended to read:
82     316.068  Crash report forms.--
83     (2)  Every crash report required to be made in writing must
84be made on the appropriate form approved by the department and
85must contain all the information required therein, including:
86     (a)  The date, time, and location of the crash;
87     (b)  A description of the vehicles involved;
88     (c)  The names and addresses of the parties involved;
89     (d)  The names and addresses of all drivers and passengers
90in the vehicles involved;
91     (e)  The names and addresses of witnesses;
92     (f)  The name, badge number, and law enforcement agency of
93the officer investigating the crash; and
94     (g)  The names of the insurance companies for the
95respective parties involved in the crash,
96
97unless not available. The absence of information in such written
98crash reports regarding the existence of passengers in the
99vehicles involved in the crash constitutes a rebuttable
100presumption that no such passengers were involved in the
101reported crash. Notwithstanding any other provisions of this
102section, a crash report produced electronically by a law
103enforcement officer must, at a minimum, contain the same
104information as is called for on those forms approved by the
105department.
106     Section 2.  Subsection (8) of section 322.21, Florida
107Statutes, is amended to read:
108     322.21  License fees; procedure for handling and collecting
109fees.--
110     (8)  Any person who applies for reinstatement following the
111suspension or revocation of the person's driver's license shall
112pay a service fee of $35 following a suspension, and $60
113following a revocation, which is in addition to the fee for a
114license. Any person who applies for reinstatement of a
115commercial driver's license following the disqualification of
116the person's privilege to operate a commercial motor vehicle
117shall pay a service fee of $60, which is in addition to the fee
118for a license. The department shall collect all of these fees at
119the time of reinstatement. The department shall issue proper
120receipts for such fees and shall promptly transmit all funds
121received by it as follows:
122     (a)  Of the $35 fee received from a licensee for
123reinstatement following a suspension, the department shall
124deposit $15 in the General Revenue Fund and $20 in the Highway
125Safety Operating Trust Fund.
126     (b)  Of the $60 fee received from a licensee for
127reinstatement following a revocation or disqualification, the
128department shall deposit $35 in the General Revenue Fund and $25
129in the Highway Safety Operating Trust Fund.
130
131If the revocation or suspension of the driver's license was for
132a violation of s. 316.193, or for refusal to submit to a lawful
133breath, blood, or urine test, an additional fee of $115 must be
134charged. However, only one $115 fee may be collected from one
135person convicted of violations arising out of the same incident.
136The department shall collect the $115 fee and deposit the fee
137into the Highway Safety Operating Trust Fund at the time of
138reinstatement of the person's driver's license, but the fee may
139not be collected if the suspension or revocation is overturned.
140If the revocation or suspension of the driver's license was for
141a conviction for a violation of s. 817.234(8) or (9) or s.
142817.505, an additional fee of $180 is imposed for each offense.
143The department shall collect and deposit the additional fee into
144the Highway Safety Operating Trust Fund at the time of
145reinstatement of the person's driver's license.
146     Section 3.  Subsection (9) is added to section 322.26,
147Florida Statutes, to read:
148     322.26  Mandatory revocation of license by department.--The
149department shall forthwith revoke the license or driving
150privilege of any person upon receiving a record of such person's
151conviction of any of the following offenses:
152     (9)  Conviction in any court having jurisdiction over
153offenses committed under s. 817.234(8) or (9) or s. 817.505.
154     Section 4.  Paragraph (h) is added to subsection (1) of
155section 400.9935, Florida Statutes, and subsection (13) is added
156to that section, to read:
157     400.9935  Clinic responsibilities.--
158     (1)  Each clinic shall appoint a medical director or clinic
159director who shall agree in writing to accept legal
160responsibility for the following activities on behalf of the
161clinic. The medical director or the clinic director shall:
162     (h)  Not refer a patient to the clinic if the clinic
163performs magnetic resonance imaging, static radiographs,
164computed tomography, or positron emission tomography. The term
165"refer a patient" means the referral of one or more patients of
166the medical or clinical director or a member of the medical or
167clinical director's group practice to the clinic for magnetic
168resonance imaging, static radiographs, computed tomography, or
169positron emission tomography. A medical director who is found to
170violate this paragraph commits a felony of the third degree,
171punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
172     (13)  The clinic shall display a sign in a conspicuous
173location within the clinic readily visible to all patients
174indicating that, pursuant to s. 626.9892, the Department of
175Financial Services may pay rewards of up to $25,000 to persons
176providing information leading to the arrest and conviction of
177persons committing crimes investigated by the Division of
178Insurance Fraud arising from violations of s. 440.105, s.
179624.15, s. 626.9541, s. 626.989, or s. 817.234. An authorized
180employee of the Division of Insurance Fraud may make unannounced
181inspections of a clinic licensed under this part as necessary to
182determine whether the clinic is in compliance with this
183subsection. A licensed clinic shall allow full and complete
184access to the premises to such authorized employee of the
185division who makes an inspection to determine compliance with
186this subsection.
187     Section 5.  Paragraph (a) of subsection (2) and paragraph
188(a) of subsection (4) of section 440.105, Florida Statutes, are
189amended to read:
190     440.105  Prohibited activities; reports; penalties;
191limitations.--
192     (2)  Whoever violates any provision of this subsection
193commits a misdemeanor of the first degree, punishable as
194provided in s. 775.082 or s. 775.083.
195     (a)  It shall be unlawful for any employer to knowingly:
196     1.  Coerce or attempt to coerce, as a precondition to
197employment or otherwise, an employee to obtain a certificate of
198election of exemption pursuant to s. 440.05.
199     2.  Discharge or refuse to hire an employee or job
200applicant because the employee or applicant has filed a claim
201for benefits under this chapter.
202     3.  Discharge, discipline, or take any other adverse
203personnel action against any employee for disclosing information
204to the department or any law enforcement agency relating to any
205violation or suspected violation of any of the provisions of
206this chapter or rules promulgated hereunder.
207     4.  Violate a stop-work order issued by the department
208pursuant to s. 440.107.
209     (4)  Whoever violates any provision of this subsection
210commits insurance fraud, punishable as provided in paragraph
211(f).
212     (a)  It shall be unlawful for any employer to knowingly:
213     1.  Present or cause to be presented any false, fraudulent,
214or misleading oral or written statement to any person as
215evidence of compliance with s. 440.38.
216     2.  Make a deduction from the pay of any employee entitled
217to the benefits of this chapter for the purpose of requiring the
218employee to pay any portion of premium paid by the employer to a
219carrier or to contribute to a benefit fund or department
220maintained by such employer for the purpose of providing
221compensation or medical services and supplies as required by
222this chapter.
223     3.  Fail to secure workers' payment of compensation
224insurance coverage if required to do so by this chapter.
225     Section 6.  Subsection (1) of section 456.054, Florida
226Statutes, is amended to read:
227     456.054  Kickbacks prohibited.--
228     (1)  As used in this section, the term "kickback" means a
229remuneration or payment back pursuant to an investment interest,
230compensation arrangement, or otherwise, by or on behalf of a
231provider of health care services or items, of a portion of the
232charges for services rendered to any person a referring health
233care provider as an incentive or inducement to refer patients
234for past or future services or items, when the payment is not
235tax deductible as an ordinary and necessary expense.
236     Section 7.  Section 624.15, Florida Statutes, is amended to
237read:
238     624.15  General penalty.--
239     (1)  Each willful violation of this code or rule of the
240department, office, or commission as to which a greater penalty
241is not provided by another provision of this code or rule of the
242department, office, or commission or by other applicable laws of
243this state is a misdemeanor of the second degree and is, in
244addition to any prescribed applicable denial, suspension, or
245revocation of certificate of authority, license, or permit,
246punishable as provided in s. 775.082 or s. 775.083. Each
247instance of such violation shall be considered a separate
248offense.
249     (2)  Each willful violation of an emergency rule or order
250of the department, office, or commission by a person who is not
251licensed, authorized, or eligible to engage in business in
252accordance with the Florida Insurance Code is a felony of the
253third degree, punishable as provided in s. 775.082, s. 775.083,
254or s. 775.084. Each instance of such violation is a separate
255offense. This subsection does not apply to licensees or
256affiliated parties of licensees.
257     Section 8.  Subsection (9) is added to section 626.112,
258Florida Statutes, to read:
259     626.112  License and appointment required; agents, customer
260representatives, adjusters, insurance agencies, service
261representatives, managing general agents.--
262     (9)  Any person who knowingly transacts insurance or
263otherwise engages in insurance activities in this state without
264a license in violation of this section commits a felony of the
265third degree, punishable as provided in s. 775.082, s. 775.083,
266or s. 775.084.
267     Section 9.  Subsections (1), (2), and (9) of section
268626.938, Florida Statutes, are amended to read:
269     626.938  Report and tax of independently procured
270coverages.--
271     (1)  Every insured who in this state procures or causes to
272be procured or continues or renews insurance from another state
273or country with an unauthorized foreign or alien insurer
274legitimately licensed in that jurisdiction, or any self-insurer
275who in this state so procures or continues excess loss,
276catastrophe, or other insurance, upon a subject of insurance
277resident, located, or to be performed within this state, other
278than insurance procured through a surplus lines agent pursuant
279to the Surplus Lines Law of this state or exempted from tax
280under s. 626.932(4), shall, within 30 days after the date such
281insurance was so procured, continued, or renewed, file a report
282of the same with the Florida Surplus Lines Service Office in
283writing and upon forms designated by the Florida Surplus Lines
284Service Office and furnished to such an insured upon request, or
285in a computer readable format as determined by the Florida
286Surplus Lines Service Office. The report shall show the name and
287address of the insured or insureds, the name and address of the
288insurer, the subject of the insurance, a general description of
289the coverage, the amount of premium currently charged therefor,
290and such additional pertinent information as is reasonably
291requested by the Florida Surplus Lines Service Office.
292     (2)  Any insurance on a risk located in this state in an
293unauthorized insurer legitimately licensed in another state or
294country procured through solicitations, negotiations, or an
295application, in whole or in part occurring or made outside
296within or from within this state, or for which premiums in whole
297or in part are remitted directly or indirectly from within this
298state, shall be deemed to be insurance procured, continued, or
299renewed in this state within the intent of subsection (1).
300     (9)  This section does not authorize independent
301procurement of workers' compensation insurance, apply as to life
302insurance, or health insurance.
303     Section 10.  Subsection (7) of section 626.9891, Florida
304Statutes, is amended to read:
305     626.9891  Insurer anti-fraud investigative units; reporting
306requirements; penalties for noncompliance.--
307     (7)  If an insurer fails to timely submit a final
308acceptable anti-fraud plan or anti-fraud investigative unit
309description otherwise fails to submit a plan, fails to implement
310the provisions of a plan or an anti-fraud investigative unit
311description, or otherwise refuses to comply with the provisions
312of this section, the department, office, or commission may:
313     (a)  Impose an administrative fine of not more than $2,000
314per day for such failure by an insurer to submit an acceptable
315anti-fraud plan or anti-fraud investigative unit description,
316until the department, office, or commission deems the insurer to
317be in compliance;
318     (b)  Impose an administrative fine for failure by an upon
319the insurer to implement or follow the provisions of an anti-
320fraud plan or anti-fraud investigative unit description a fraud
321detection and prevention plan that is deemed to be appropriate
322by the department and that must be implemented by the insurer;
323or
324     (c)  Impose the provisions of both paragraphs (a) and (b).
325     Section 11.  Section 626.9893, Florida Statutes, is created
326to read:
327     626.9893  Disposition of revenues; criminal or forfeiture
328proceedings.--
329     (1)  The Division of Insurance Fraud of the Department of
330Financial Services may deposit revenues received as a result of
331criminal proceedings or forfeiture proceedings, other than
332revenues deposited into the Department of Financial Services'
333Federal Equitable Sharing Trust Fund under s. 17.43, into the
334Insurance Regulatory Trust Fund. Moneys deposited pursuant to
335this section shall be separately accounted for and shall be used
336solely for the division to carry out its duties and
337responsibilities.
338     (2)  Moneys deposited into the Insurance Regulatory Trust
339Fund pursuant to this section shall be appropriated by the
340Legislature, pursuant to the provisions of chapter 216, for the
341sole purpose of enabling the division to carry out its duties
342and responsibilities.
343     (3)  Notwithstanding the provisions of s. 216.301 and
344pursuant to s. 216.351, any balance of moneys deposited into the
345Insurance Regulatory Trust Fund pursuant to this section
346remaining at the end of any fiscal year shall remain in the
347trust fund at the end of that year and shall be available for
348carrying out the duties and responsibilities of the division.
349     Section 12.  Subsection (4) of section 627.4133, Florida
350Statutes, is amended to read:
351     627.4133  Notice of cancellation, nonrenewal, or renewal
352premium.--
353     (4)  Notwithstanding the provisions of s. 440.42(3), if
354cancellation of a policy providing coverage for workers'
355compensation and employer's liability insurance is requested by
356the insured, such cancellation shall be effective on the date
357the carrier sends the notice of cancellation to the insured. Any
358retroactive assumption of coverage and liabilities under a
359policy providing workers' compensation and employer's liability
360insurance may not exceed 21 days.
361     Section 13.  Subsection (14) is added to section 627.736,
362Florida Statutes, to read:
363     (14)  FRAUD ADVISORY NOTICE.--Upon receiving notice of a
364claim under this section, an insurer shall provide a notice to
365the insured or to a person for whom a claim for reimbursement
366for diagnosis or treatment of injuries has been filed, advising
367that:
368     (a)  Pursuant to s. 626.9892, the Department of Financial
369Services may pay rewards of up to $25,000 to persons providing
370information leading to the arrest and conviction of persons
371committing crimes investigated by the Division of Insurance
372Fraud arising from violations of s. 440.105, s. 624.15, s.
373626.9541, s. 626.989, or s. 817.234.
374     (b)  Solicitation of a person injured in a motor vehicle
375crash for purposes of filing personal injury protection or tort
376claims could be a violation of s. 817.234, s. 817.505, or the
377rules regulating The Florida Bar and should be immediately
378reported to the Division of Insurance Fraud if such conduct has
379taken place.
380     Section 14.  Subsection (1) of section 627.7401, Florida
381Statutes, is amended to read:
382     627.7401  Notification of insured's rights.--
383     (1)  The commission, by rule, shall adopt a form for the
384notification of insureds of their right to receive personal
385injury protection benefits under the Florida Motor Vehicle No-
386Fault Law. Such notice shall include:
387     (a)  A description of the benefits provided by personal
388injury protection, including, but not limited to, the specific
389types of services for which medical benefits are paid,
390disability benefits, death benefits, significant exclusions from
391and limitations on personal injury protection benefits, when
392payments are due, how benefits are coordinated with other
393insurance benefits that the insured may have, penalties and
394interest that may be imposed on insurers for failure to make
395timely payments of benefits, and rights of parties regarding
396disputes as to benefits.
397     (b)  An advisory informing insureds that:
398     1.  Pursuant to s. 626.9892, the Department of Financial
399Services may pay rewards of up to $25,000 to persons providing
400information leading to the arrest and conviction of persons
401committing crimes investigated by the Division of Insurance
402Fraud arising from violations of s. 440.105, s. 624.15, s.
403626.9541, s. 626.989, or s. 817.234.
404     2.  Pursuant to s. 627.736(5)(e)1., if the insured notifies
405the insurer of a billing error, the insured may be entitled to a
406certain percentage of a reduction in the amount paid by the
407insured's motor vehicle insurer.
408     (c)  A notice that solicitation of a person injured in a
409motor vehicle crash for purposes of filing personal injury
410protection or tort claims could be a violation of s. 817.234, s
411817.505, or the rules regulating The Florida Bar and should be
412immediately reported to the Division of Insurance Fraud if such
413conduct has taken place.
414     Section 15.  Subsection (4) of section 627.912, Florida
415Statutes, is amended to read:
416     627.912  Professional liability claims and actions; reports
417by insurers and health care providers; annual report by
418office.--
419     (4)  There shall be no liability on the part of, and no
420cause of action of any nature shall arise against, any person or
421entity reporting hereunder or its agents or employees or the
422office or its employees for any action taken by them under this
423section. The office may shall impose a fine of up to $250 per
424day per case, but not to exceed a total of $10,000 per case,
425against an insurer, commercial self-insurance fund, medical
426malpractice self-insurance fund, or risk retention group that
427violates the requirements of this section, except that the
428office may impose a fine of $250 per day per case, not to exceed
429a total of $1,000 per case, against an insurer providing
430professional liability insurance to a member of The Florida Bar,
431which insurer violates the provisions of this section. If a
432health care practitioner or health care facility violates the
433requirements of this section, it shall be considered a violation
434of the chapter or act under which the practitioner or facility
435is licensed and shall be grounds for a fine or disciplinary
436action as such other violations of the chapter or act. The
437office may adjust a fine imposed under this subsection by
438considering the financial condition of the licensee, premium
439volume written, ratio of violations to compliancy, and other
440mitigating factors as determined by the office.
441     Section 16.  Paragraph (a) of subsection (7) and subsection
442(9) of section 817.234, Florida Statutes, are amended to read:
443     817.234  False and fraudulent insurance claims.--
444     (7)(a)  It shall constitute a material omission and
445insurance fraud, punishable as provided in subsection (11), for
446any service physician or other provider, other than a hospital,
447to engage in a general business practice of billing amounts as
448its usual and customary charge, if such provider has agreed with
449the insured patient or intends to waive deductibles or
450copayments, or does not for any other reason intend to collect
451the total amount of such charge. With respect to a determination
452as to whether a service physician or other provider has engaged
453in such general business practice, consideration shall be given
454to evidence of whether the physician or other provider made a
455good faith attempt to collect such deductible or copayment. This
456paragraph does not apply to physicians or other providers who
457waive deductibles or copayments or reduce their bills as part of
458a bodily injury settlement or verdict.
459     (9)  A person may not organize, plan, or knowingly
460participate in an intentional motor vehicle crash or a scheme to
461create documentation of a motor vehicle crash that did not occur
462for the purpose of making motor vehicle tort claims or claims
463for personal injury protection benefits as required by s.
464627.736. Any person who violates this subsection commits a
465felony of the second degree, punishable as provided in s.
466775.082, s. 775.083, or s. 775.084. A person who is convicted of
467a violation of this subsection shall be sentenced to a minimum
468term of imprisonment of 2 years.
469     Section 17.  Section 817.2361, Florida Statutes, is amended
470to read:
471     817.2361  False or fraudulent proof of motor vehicle
472insurance card.--Any person who, with intent to deceive any
473other person, creates, markets, or presents a false or
474fraudulent proof of motor vehicle insurance card commits a
475felony of the third degree, punishable as provided in s.
476775.082, s. 775.083, or s. 775.084.
477     Section 18.  Subsection (2) of section 817.50, Florida
478Statutes, is amended to read:
479     817.50  Fraudulently obtaining goods, services, etc., from
480a health care provider.--
481     (2)  If any person gives to any health care provider in
482this state a false or fictitious name or a false or fictitious
483address or assigns to any health care provider the proceeds of
484any health maintenance contract or insurance contract, then
485knowing that such contract is no longer in force, is invalid, or
486is void for any reason, such action shall be prima facie
487evidence of the intent of such person to defraud the health care
488provider. However, this subsection does not apply to
489investigative actions taken by law enforcement officers for law
490enforcement purposes in the course of their official duties.
491     Section 19.  Subsection (1) and paragraph (a) of subsection
492(2) of section 817.505, Florida Statutes, are amended to read:
493     817.505  Patient brokering prohibited; exceptions;
494penalties.--
495     (1)  It is unlawful for any person, including any health
496care provider or health care facility, to:
497     (a)  Offer or pay any commission, bonus, rebate, kickback,
498or bribe, directly or indirectly, in cash or in kind, or engage
499in any split-fee arrangement, in any form whatsoever, to induce
500the referral of patients or patronage to or from a health care
501provider or health care facility;
502     (b)  Solicit or receive any commission, bonus, rebate,
503kickback, or bribe, directly or indirectly, in cash or in kind,
504or engage in any split-fee arrangement, in any form whatsoever,
505in return for referring patients or patronage to or from a
506health care provider or health care facility; or
507     (c)  Solicit or receive any commission, bonus, rebate,
508kickback, or bribe, directly or indirectly, in cash or in kind,
509or engage in any split-fee arrangement, in any form whatsoever,
510in return for the acceptance or acknowledgement of treatment
511from a health care provider or health care facility; or
512     (d)(c)  Aid, abet, advise, or otherwise participate in the
513conduct prohibited under paragraph (a), or paragraph (b), or
514paragraph (c).
515     (2)  For the purposes of this section, the term:
516     (a)  "Health care provider or health care facility" means
517any person or entity licensed, certified, or registered;
518required to be licensed, certified, or registered; or lawfully
519exempt from being required to be licensed, certified, or
520registered with the Agency for Health Care Administration or the
521Department of Health; any person or entity that has contracted
522with the Agency for Health Care Administration to provide goods
523or services to Medicaid recipients as provided under s. 409.907;
524a county health department established under part I of chapter
525154; any community service provider contracting with the
526Department of Children and Family Services to furnish alcohol,
527drug abuse, or mental health services under part IV of chapter
528394; any substance abuse service provider licensed under chapter
529397; or any federally supported primary care program such as a
530migrant or community health center authorized under ss. 329 and
531330 of the United States Public Health Services Act.
532     Section 20.  Section 843.08, Florida Statutes, is amended
533to read:
534     843.08  Falsely personating officer, etc.--A person who
535falsely assumes or pretends to be a sheriff, officer of the
536Florida Highway Patrol, officer of the Fish and Wildlife
537Conservation Commission, officer of the Department of
538Environmental Protection, officer of the Department of
539Transportation, officer of the Department of Financial Services,
540officer of the Department of Corrections, correctional probation
541officer, deputy sheriff, state attorney or assistant state
542attorney, statewide prosecutor or assistant statewide
543prosecutor, state attorney investigator, coroner, police
544officer, lottery special agent or lottery investigator, beverage
545enforcement agent, or watchman, or any member of the Parole
546Commission and any administrative aide or supervisor employed by
547the commission, or any personnel or representative of the
548Department of Law Enforcement, and takes upon himself or herself
549to act as such, or to require any other person to aid or assist
550him or her in a matter pertaining to the duty of any such
551officer, commits a felony of the third degree, punishable as
552provided in s. 775.082, s. 775.083, or s. 775.084; however, a
553person who falsely personates any such officer during the course
554of the commission of a felony commits a felony of the second
555degree, punishable as provided in s. 775.082, s. 775.083, or s.
556775.084; except that if the commission of the felony results in
557the death or personal injury of another human being, the person
558commits a felony of the first degree, punishable as provided in
559s. 775.082, s. 775.083, or s. 775.084.
560     Section 21.  Paragraph (n) is added to subsection (6) of
561section 932.7055, Florida Statutes, to read:
562     932.7055  Disposition of liens and forfeited property.--
563     (6)  If the seizing agency is a state agency, all remaining
564proceeds shall be deposited into the General Revenue Fund.
565However, if the seizing agency is:
566     (n)  The Division of Insurance Fraud of the Department of
567Financial Services, the proceeds accrued pursuant to the
568provisions of the Florida Contraband Forfeiture Act shall be
569deposited into the Insurance Regulatory Trust Fund as provided
570in s. 626.9893 or into the Department of Financial Services'
571Federal Equitable Sharing Trust Fund as provided in s. 17.43, as
572applicable.
573     Section 22.  If any provision of this act or the
574application thereof to any person or circumstance is held
575invalid, the invalidity does not affect other provisions or
576applications of the act which can be given effect without the
577invalid provision or application, and, to this end, the
578provisions of this act are declared severable.
579     Section 23.  This act shall take effect July 1, 2006.


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