| 1 | A bill to be entitled |
| 2 | An act relating to offenses involving insurance; amending |
| 3 | s. 316.068, F.S.; specifying information to be included in |
| 4 | a crash report; creating a rebuttable presumption relating |
| 5 | to the absence of certain information in such reports; |
| 6 | amending s. 322.21, F.S.; providing an additional fee for |
| 7 | certain offenses relating to insurance crimes; providing |
| 8 | for deposit of the fee into the Highway Safety Operating |
| 9 | Trust Fund; amending s. 322.26, F.S.; providing an |
| 10 | additional circumstance relating to insurance crimes for |
| 11 | mandatory revocation of a person's driver's license; |
| 12 | amending s. 400.9935, F.S.; prohibiting medical directors |
| 13 | from referring specified patients to certain clinics for |
| 14 | specified medical examinations and tests; providing a |
| 15 | definition; providing criminal penalties; requiring health |
| 16 | care clinics to display signs containing certain |
| 17 | information relating to insurance fraud; authorizing |
| 18 | compliance inspections by the Division of Insurance Fraud; |
| 19 | requiring clinics to allow inspection access; amending s. |
| 20 | 440.105, F.S.; deleting the provision that a violation of |
| 21 | a stop-work order is a misdemeanor of the first degree; |
| 22 | making unlawful a failure to secure required workers' |
| 23 | compensation insurance coverage; providing criminal |
| 24 | penalties; amending s. 456.054, F.S.; revising the |
| 25 | definition of the term "kickback" for criminal prosecution |
| 26 | purposes; amending s. 624.15, F.S.; specifying violations |
| 27 | of rules of the Department of Financial Services, Office |
| 28 | of Insurance Regulation, or Financial Services Commission |
| 29 | as misdemeanors; specifying a violation of emergency rules |
| 30 | or orders as a felony of the third degree; providing |
| 31 | penalties; providing for nonapplication to certain |
| 32 | persons; amending s. 626.112, F.S.; providing a criminal |
| 33 | penalty for knowingly transacting insurance without a |
| 34 | license; amending s. 626.938, F.S.; revising provisions |
| 35 | requiring a report and taxation of independently procured |
| 36 | coverages; specifying nonauthorization of independent |
| 37 | procurement of workers' compensation, life, or health |
| 38 | insurance; amending s. 626.9891, F.S.; expanding |
| 39 | authorization to impose administrative fines on insurers |
| 40 | for failure to comply with certain anti-fraud plan or |
| 41 | anti-fraud investigative unit description requirements; |
| 42 | creating s. 626.9893, F.S.; authorizing the division to |
| 43 | deposit certain revenues into the Insurance Regulatory |
| 44 | Trust Fund; specifying accounting and uses of such |
| 45 | revenues; providing for appropriation and use of such |
| 46 | revenues; amending s. 627.4133, F.S.; providing a |
| 47 | limitation on retroactive assumption of certain coverages |
| 48 | and liabilities; amending s. 627.736, F.S.; requiring |
| 49 | insurers to provide certain persons with notice of the |
| 50 | department's Anti-Fraud Reward Program and the criminal |
| 51 | violations that may be reported in pursuit of a reward; |
| 52 | amending s. 627.7401, F.S.; specifying additional |
| 53 | requirements for Financial Services Commission |
| 54 | notification of an insured's rights; amending s. 627.912, |
| 55 | F.S.; authorizing the office to impose fines; authorizing |
| 56 | the office to adjust such fines under certain |
| 57 | circumstances; amending s. 817.234, F.S.; revising |
| 58 | provisions specifying material omission and insurance |
| 59 | fraud; prohibiting scheming to create documentation of a |
| 60 | motor vehicle crash that did not occur; providing a |
| 61 | criminal penalty; amending s. 817.2361, F.S.; providing |
| 62 | that creating, marketing, or presenting fraudulent proof |
| 63 | of motor vehicle insurance is a felony of the third |
| 64 | degree; amending s. 817.50, F.S.; specifying |
| 65 | nonapplication of provisions specifying evidence of intent |
| 66 | to defraud to certain investigative actions taken by law |
| 67 | enforcement officers; amending s. 817.505, F.S.; providing |
| 68 | an additional patient brokering prohibition, to which |
| 69 | penalties apply; revising a definition; amending s. |
| 70 | 843.08, F.S.; providing a criminal penalty for falsely |
| 71 | assuming or pretending to be an officer of the Department |
| 72 | of Financial Services; amending s. 932.7055, F.S.; |
| 73 | requiring certain proceeds seized by the division under |
| 74 | the Florida Contraband Forfeiture Act to be deposited into |
| 75 | certain trust funds; providing severability; providing an |
| 76 | effective date. |
| 77 |
|
| 78 | Be It Enacted by the Legislature of the State of Florida: |
| 79 |
|
| 80 | Section 1. Subsection (2) of section 316.068, Florida |
| 81 | Statutes, is amended to read: |
| 82 | 316.068 Crash report forms.-- |
| 83 | (2) Every crash report required to be made in writing must |
| 84 | be made on the appropriate form approved by the department and |
| 85 | must 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 |
| 90 | in the vehicles involved; |
| 91 | (e) The names and addresses of witnesses; |
| 92 | (f) The name, badge number, and law enforcement agency of |
| 93 | the officer investigating the crash; and |
| 94 | (g) The names of the insurance companies for the |
| 95 | respective parties involved in the crash, |
| 96 |
|
| 97 | unless not available. The absence of information in such written |
| 98 | crash reports regarding the existence of passengers in the |
| 99 | vehicles involved in the crash constitutes a rebuttable |
| 100 | presumption that no such passengers were involved in the |
| 101 | reported crash. Notwithstanding any other provisions of this |
| 102 | section, a crash report produced electronically by a law |
| 103 | enforcement officer must, at a minimum, contain the same |
| 104 | information as is called for on those forms approved by the |
| 105 | department. |
| 106 | Section 2. Subsection (8) of section 322.21, Florida |
| 107 | Statutes, is amended to read: |
| 108 | 322.21 License fees; procedure for handling and collecting |
| 109 | fees.-- |
| 110 | (8) Any person who applies for reinstatement following the |
| 111 | suspension or revocation of the person's driver's license shall |
| 112 | pay a service fee of $35 following a suspension, and $60 |
| 113 | following a revocation, which is in addition to the fee for a |
| 114 | license. Any person who applies for reinstatement of a |
| 115 | commercial driver's license following the disqualification of |
| 116 | the person's privilege to operate a commercial motor vehicle |
| 117 | shall pay a service fee of $60, which is in addition to the fee |
| 118 | for a license. The department shall collect all of these fees at |
| 119 | the time of reinstatement. The department shall issue proper |
| 120 | receipts for such fees and shall promptly transmit all funds |
| 121 | received by it as follows: |
| 122 | (a) Of the $35 fee received from a licensee for |
| 123 | reinstatement following a suspension, the department shall |
| 124 | deposit $15 in the General Revenue Fund and $20 in the Highway |
| 125 | Safety Operating Trust Fund. |
| 126 | (b) Of the $60 fee received from a licensee for |
| 127 | reinstatement following a revocation or disqualification, the |
| 128 | department shall deposit $35 in the General Revenue Fund and $25 |
| 129 | in the Highway Safety Operating Trust Fund. |
| 130 |
|
| 131 | If the revocation or suspension of the driver's license was for |
| 132 | a violation of s. 316.193, or for refusal to submit to a lawful |
| 133 | breath, blood, or urine test, an additional fee of $115 must be |
| 134 | charged. However, only one $115 fee may be collected from one |
| 135 | person convicted of violations arising out of the same incident. |
| 136 | The department shall collect the $115 fee and deposit the fee |
| 137 | into the Highway Safety Operating Trust Fund at the time of |
| 138 | reinstatement of the person's driver's license, but the fee may |
| 139 | not be collected if the suspension or revocation is overturned. |
| 140 | If the revocation or suspension of the driver's license was for |
| 141 | a conviction for a violation of s. 817.234(8) or (9) or s. |
| 142 | 817.505, an additional fee of $180 is imposed for each offense. |
| 143 | The department shall collect and deposit the additional fee into |
| 144 | the Highway Safety Operating Trust Fund at the time of |
| 145 | reinstatement of the person's driver's license. |
| 146 | Section 3. Subsection (9) is added to section 322.26, |
| 147 | Florida Statutes, to read: |
| 148 | 322.26 Mandatory revocation of license by department.--The |
| 149 | department shall forthwith revoke the license or driving |
| 150 | privilege of any person upon receiving a record of such person's |
| 151 | conviction of any of the following offenses: |
| 152 | (9) Conviction in any court having jurisdiction over |
| 153 | offenses committed under s. 817.234(8) or (9) or s. 817.505. |
| 154 | Section 4. Paragraph (h) is added to subsection (1) of |
| 155 | section 400.9935, Florida Statutes, and subsection (13) is added |
| 156 | to that section, to read: |
| 157 | 400.9935 Clinic responsibilities.-- |
| 158 | (1) Each clinic shall appoint a medical director or clinic |
| 159 | director who shall agree in writing to accept legal |
| 160 | responsibility for the following activities on behalf of the |
| 161 | clinic. The medical director or the clinic director shall: |
| 162 | (h) Not refer a patient to the clinic if the clinic |
| 163 | performs magnetic resonance imaging, static radiographs, |
| 164 | computed tomography, or positron emission tomography. The term |
| 165 | "refer a patient" means the referral of one or more patients of |
| 166 | the medical or clinical director or a member of the medical or |
| 167 | clinical director's group practice to the clinic for magnetic |
| 168 | resonance imaging, static radiographs, computed tomography, or |
| 169 | positron emission tomography. A medical director who is found to |
| 170 | violate this paragraph commits a felony of the third degree, |
| 171 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 172 | (13) The clinic shall display a sign in a conspicuous |
| 173 | location within the clinic readily visible to all patients |
| 174 | indicating that, pursuant to s. 626.9892, the Department of |
| 175 | Financial Services may pay rewards of up to $25,000 to persons |
| 176 | providing information leading to the arrest and conviction of |
| 177 | persons committing crimes investigated by the Division of |
| 178 | Insurance Fraud arising from violations of s. 440.105, s. |
| 179 | 624.15, s. 626.9541, s. 626.989, or s. 817.234. An authorized |
| 180 | employee of the Division of Insurance Fraud may make unannounced |
| 181 | inspections of a clinic licensed under this part as necessary to |
| 182 | determine whether the clinic is in compliance with this |
| 183 | subsection. A licensed clinic shall allow full and complete |
| 184 | access to the premises to such authorized employee of the |
| 185 | division who makes an inspection to determine compliance with |
| 186 | this subsection. |
| 187 | Section 5. Paragraph (a) of subsection (2) and paragraph |
| 188 | (a) of subsection (4) of section 440.105, Florida Statutes, are |
| 189 | amended to read: |
| 190 | 440.105 Prohibited activities; reports; penalties; |
| 191 | limitations.-- |
| 192 | (2) Whoever violates any provision of this subsection |
| 193 | commits a misdemeanor of the first degree, punishable as |
| 194 | provided 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 |
| 197 | employment or otherwise, an employee to obtain a certificate of |
| 198 | election of exemption pursuant to s. 440.05. |
| 199 | 2. Discharge or refuse to hire an employee or job |
| 200 | applicant because the employee or applicant has filed a claim |
| 201 | for benefits under this chapter. |
| 202 | 3. Discharge, discipline, or take any other adverse |
| 203 | personnel action against any employee for disclosing information |
| 204 | to the department or any law enforcement agency relating to any |
| 205 | violation or suspected violation of any of the provisions of |
| 206 | this chapter or rules promulgated hereunder. |
| 207 | 4. Violate a stop-work order issued by the department |
| 208 | pursuant to s. 440.107. |
| 209 | (4) Whoever violates any provision of this subsection |
| 210 | commits 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, |
| 214 | or misleading oral or written statement to any person as |
| 215 | evidence of compliance with s. 440.38. |
| 216 | 2. Make a deduction from the pay of any employee entitled |
| 217 | to the benefits of this chapter for the purpose of requiring the |
| 218 | employee to pay any portion of premium paid by the employer to a |
| 219 | carrier or to contribute to a benefit fund or department |
| 220 | maintained by such employer for the purpose of providing |
| 221 | compensation or medical services and supplies as required by |
| 222 | this chapter. |
| 223 | 3. Fail to secure workers' payment of compensation |
| 224 | insurance coverage if required to do so by this chapter. |
| 225 | Section 6. Subsection (1) of section 456.054, Florida |
| 226 | Statutes, is amended to read: |
| 227 | 456.054 Kickbacks prohibited.-- |
| 228 | (1) As used in this section, the term "kickback" means a |
| 229 | remuneration or payment back pursuant to an investment interest, |
| 230 | compensation arrangement, or otherwise, by or on behalf of a |
| 231 | provider of health care services or items, of a portion of the |
| 232 | charges for services rendered to any person a referring health |
| 233 | care provider as an incentive or inducement to refer patients |
| 234 | for past or future services or items, when the payment is not |
| 235 | tax deductible as an ordinary and necessary expense. |
| 236 | Section 7. Section 624.15, Florida Statutes, is amended to |
| 237 | read: |
| 238 | 624.15 General penalty.-- |
| 239 | (1) Each willful violation of this code or rule of the |
| 240 | department, office, or commission as to which a greater penalty |
| 241 | is not provided by another provision of this code or rule of the |
| 242 | department, office, or commission or by other applicable laws of |
| 243 | this state is a misdemeanor of the second degree and is, in |
| 244 | addition to any prescribed applicable denial, suspension, or |
| 245 | revocation of certificate of authority, license, or permit, |
| 246 | punishable as provided in s. 775.082 or s. 775.083. Each |
| 247 | instance of such violation shall be considered a separate |
| 248 | offense. |
| 249 | (2) Each willful violation of an emergency rule or order |
| 250 | of the department, office, or commission by a person who is not |
| 251 | licensed, authorized, or eligible to engage in business in |
| 252 | accordance with the Florida Insurance Code is a felony of the |
| 253 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 254 | or s. 775.084. Each instance of such violation is a separate |
| 255 | offense. This subsection does not apply to licensees or |
| 256 | affiliated parties of licensees. |
| 257 | Section 8. Subsection (9) is added to section 626.112, |
| 258 | Florida Statutes, to read: |
| 259 | 626.112 License and appointment required; agents, customer |
| 260 | representatives, adjusters, insurance agencies, service |
| 261 | representatives, managing general agents.-- |
| 262 | (9) Any person who knowingly transacts insurance or |
| 263 | otherwise engages in insurance activities in this state without |
| 264 | a license in violation of this section commits a felony of the |
| 265 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 266 | or s. 775.084. |
| 267 | Section 9. Subsections (1), (2), and (9) of section |
| 268 | 626.938, Florida Statutes, are amended to read: |
| 269 | 626.938 Report and tax of independently procured |
| 270 | coverages.-- |
| 271 | (1) Every insured who in this state procures or causes to |
| 272 | be procured or continues or renews insurance from another state |
| 273 | or country with an unauthorized foreign or alien insurer |
| 274 | legitimately licensed in that jurisdiction, or any self-insurer |
| 275 | who in this state so procures or continues excess loss, |
| 276 | catastrophe, or other insurance, upon a subject of insurance |
| 277 | resident, located, or to be performed within this state, other |
| 278 | than insurance procured through a surplus lines agent pursuant |
| 279 | to the Surplus Lines Law of this state or exempted from tax |
| 280 | under s. 626.932(4), shall, within 30 days after the date such |
| 281 | insurance was so procured, continued, or renewed, file a report |
| 282 | of the same with the Florida Surplus Lines Service Office in |
| 283 | writing and upon forms designated by the Florida Surplus Lines |
| 284 | Service Office and furnished to such an insured upon request, or |
| 285 | in a computer readable format as determined by the Florida |
| 286 | Surplus Lines Service Office. The report shall show the name and |
| 287 | address of the insured or insureds, the name and address of the |
| 288 | insurer, the subject of the insurance, a general description of |
| 289 | the coverage, the amount of premium currently charged therefor, |
| 290 | and such additional pertinent information as is reasonably |
| 291 | requested by the Florida Surplus Lines Service Office. |
| 292 | (2) Any insurance on a risk located in this state in an |
| 293 | unauthorized insurer legitimately licensed in another state or |
| 294 | country procured through solicitations, negotiations, or an |
| 295 | application, in whole or in part occurring or made outside |
| 296 | within or from within this state, or for which premiums in whole |
| 297 | or in part are remitted directly or indirectly from within this |
| 298 | state, shall be deemed to be insurance procured, continued, or |
| 299 | renewed in this state within the intent of subsection (1). |
| 300 | (9) This section does not authorize independent |
| 301 | procurement of workers' compensation insurance, apply as to life |
| 302 | insurance, or health insurance. |
| 303 | Section 10. Subsection (7) of section 626.9891, Florida |
| 304 | Statutes, is amended to read: |
| 305 | 626.9891 Insurer anti-fraud investigative units; reporting |
| 306 | requirements; penalties for noncompliance.-- |
| 307 | (7) If an insurer fails to timely submit a final |
| 308 | acceptable anti-fraud plan or anti-fraud investigative unit |
| 309 | description otherwise fails to submit a plan, fails to implement |
| 310 | the provisions of a plan or an anti-fraud investigative unit |
| 311 | description, or otherwise refuses to comply with the provisions |
| 312 | of this section, the department, office, or commission may: |
| 313 | (a) Impose an administrative fine of not more than $2,000 |
| 314 | per day for such failure by an insurer to submit an acceptable |
| 315 | anti-fraud plan or anti-fraud investigative unit description, |
| 316 | until the department, office, or commission deems the insurer to |
| 317 | be in compliance; |
| 318 | (b) Impose an administrative fine for failure by an upon |
| 319 | the insurer to implement or follow the provisions of an anti- |
| 320 | fraud plan or anti-fraud investigative unit description a fraud |
| 321 | detection and prevention plan that is deemed to be appropriate |
| 322 | by the department and that must be implemented by the insurer; |
| 323 | or |
| 324 | (c) Impose the provisions of both paragraphs (a) and (b). |
| 325 | Section 11. Section 626.9893, Florida Statutes, is created |
| 326 | to read: |
| 327 | 626.9893 Disposition of revenues; criminal or forfeiture |
| 328 | proceedings.-- |
| 329 | (1) The Division of Insurance Fraud of the Department of |
| 330 | Financial Services may deposit revenues received as a result of |
| 331 | criminal proceedings or forfeiture proceedings, other than |
| 332 | revenues deposited into the Department of Financial Services' |
| 333 | Federal Equitable Sharing Trust Fund under s. 17.43, into the |
| 334 | Insurance Regulatory Trust Fund. Moneys deposited pursuant to |
| 335 | this section shall be separately accounted for and shall be used |
| 336 | solely for the division to carry out its duties and |
| 337 | responsibilities. |
| 338 | (2) Moneys deposited into the Insurance Regulatory Trust |
| 339 | Fund pursuant to this section shall be appropriated by the |
| 340 | Legislature, pursuant to the provisions of chapter 216, for the |
| 341 | sole purpose of enabling the division to carry out its duties |
| 342 | and responsibilities. |
| 343 | (3) Notwithstanding the provisions of s. 216.301 and |
| 344 | pursuant to s. 216.351, any balance of moneys deposited into the |
| 345 | Insurance Regulatory Trust Fund pursuant to this section |
| 346 | remaining at the end of any fiscal year shall remain in the |
| 347 | trust fund at the end of that year and shall be available for |
| 348 | carrying out the duties and responsibilities of the division. |
| 349 | Section 12. Subsection (4) of section 627.4133, Florida |
| 350 | Statutes, is amended to read: |
| 351 | 627.4133 Notice of cancellation, nonrenewal, or renewal |
| 352 | premium.-- |
| 353 | (4) Notwithstanding the provisions of s. 440.42(3), if |
| 354 | cancellation of a policy providing coverage for workers' |
| 355 | compensation and employer's liability insurance is requested by |
| 356 | the insured, such cancellation shall be effective on the date |
| 357 | the carrier sends the notice of cancellation to the insured. Any |
| 358 | retroactive assumption of coverage and liabilities under a |
| 359 | policy providing workers' compensation and employer's liability |
| 360 | insurance may not exceed 21 days. |
| 361 | Section 13. Subsection (14) is added to section 627.736, |
| 362 | Florida Statutes, to read: |
| 363 | (14) FRAUD ADVISORY NOTICE.--Upon receiving notice of a |
| 364 | claim under this section, an insurer shall provide a notice to |
| 365 | the insured or to a person for whom a claim for reimbursement |
| 366 | for diagnosis or treatment of injuries has been filed, advising |
| 367 | that: |
| 368 | (a) Pursuant to s. 626.9892, the Department of Financial |
| 369 | Services may pay rewards of up to $25,000 to persons providing |
| 370 | information leading to the arrest and conviction of persons |
| 371 | committing crimes investigated by the Division of Insurance |
| 372 | Fraud arising from violations of s. 440.105, s. 624.15, s. |
| 373 | 626.9541, s. 626.989, or s. 817.234. |
| 374 | (b) Solicitation of a person injured in a motor vehicle |
| 375 | crash for purposes of filing personal injury protection or tort |
| 376 | claims could be a violation of s. 817.234, s. 817.505, or the |
| 377 | rules regulating The Florida Bar and should be immediately |
| 378 | reported to the Division of Insurance Fraud if such conduct has |
| 379 | taken place. |
| 380 | Section 14. Subsection (1) of section 627.7401, Florida |
| 381 | Statutes, is amended to read: |
| 382 | 627.7401 Notification of insured's rights.-- |
| 383 | (1) The commission, by rule, shall adopt a form for the |
| 384 | notification of insureds of their right to receive personal |
| 385 | injury protection benefits under the Florida Motor Vehicle No- |
| 386 | Fault Law. Such notice shall include: |
| 387 | (a) A description of the benefits provided by personal |
| 388 | injury protection, including, but not limited to, the specific |
| 389 | types of services for which medical benefits are paid, |
| 390 | disability benefits, death benefits, significant exclusions from |
| 391 | and limitations on personal injury protection benefits, when |
| 392 | payments are due, how benefits are coordinated with other |
| 393 | insurance benefits that the insured may have, penalties and |
| 394 | interest that may be imposed on insurers for failure to make |
| 395 | timely payments of benefits, and rights of parties regarding |
| 396 | disputes as to benefits. |
| 397 | (b) An advisory informing insureds that: |
| 398 | 1. Pursuant to s. 626.9892, the Department of Financial |
| 399 | Services may pay rewards of up to $25,000 to persons providing |
| 400 | information leading to the arrest and conviction of persons |
| 401 | committing crimes investigated by the Division of Insurance |
| 402 | Fraud arising from violations of s. 440.105, s. 624.15, s. |
| 403 | 626.9541, s. 626.989, or s. 817.234. |
| 404 | 2. Pursuant to s. 627.736(5)(e)1., if the insured notifies |
| 405 | the insurer of a billing error, the insured may be entitled to a |
| 406 | certain percentage of a reduction in the amount paid by the |
| 407 | insured's motor vehicle insurer. |
| 408 | (c) A notice that solicitation of a person injured in a |
| 409 | motor vehicle crash for purposes of filing personal injury |
| 410 | protection or tort claims could be a violation of s. 817.234, s |
| 411 | 817.505, or the rules regulating The Florida Bar and should be |
| 412 | immediately reported to the Division of Insurance Fraud if such |
| 413 | conduct has taken place. |
| 414 | Section 15. Subsection (4) of section 627.912, Florida |
| 415 | Statutes, is amended to read: |
| 416 | 627.912 Professional liability claims and actions; reports |
| 417 | by insurers and health care providers; annual report by |
| 418 | office.-- |
| 419 | (4) There shall be no liability on the part of, and no |
| 420 | cause of action of any nature shall arise against, any person or |
| 421 | entity reporting hereunder or its agents or employees or the |
| 422 | office or its employees for any action taken by them under this |
| 423 | section. The office may shall impose a fine of up to $250 per |
| 424 | day per case, but not to exceed a total of $10,000 per case, |
| 425 | against an insurer, commercial self-insurance fund, medical |
| 426 | malpractice self-insurance fund, or risk retention group that |
| 427 | violates the requirements of this section, except that the |
| 428 | office may impose a fine of $250 per day per case, not to exceed |
| 429 | a total of $1,000 per case, against an insurer providing |
| 430 | professional liability insurance to a member of The Florida Bar, |
| 431 | which insurer violates the provisions of this section. If a |
| 432 | health care practitioner or health care facility violates the |
| 433 | requirements of this section, it shall be considered a violation |
| 434 | of the chapter or act under which the practitioner or facility |
| 435 | is licensed and shall be grounds for a fine or disciplinary |
| 436 | action as such other violations of the chapter or act. The |
| 437 | office may adjust a fine imposed under this subsection by |
| 438 | considering the financial condition of the licensee, premium |
| 439 | volume written, ratio of violations to compliancy, and other |
| 440 | mitigating 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 |
| 445 | insurance fraud, punishable as provided in subsection (11), for |
| 446 | any service physician or other provider, other than a hospital, |
| 447 | to engage in a general business practice of billing amounts as |
| 448 | its usual and customary charge, if such provider has agreed with |
| 449 | the insured patient or intends to waive deductibles or |
| 450 | copayments, or does not for any other reason intend to collect |
| 451 | the total amount of such charge. With respect to a determination |
| 452 | as to whether a service physician or other provider has engaged |
| 453 | in such general business practice, consideration shall be given |
| 454 | to evidence of whether the physician or other provider made a |
| 455 | good faith attempt to collect such deductible or copayment. This |
| 456 | paragraph does not apply to physicians or other providers who |
| 457 | waive deductibles or copayments or reduce their bills as part of |
| 458 | a bodily injury settlement or verdict. |
| 459 | (9) A person may not organize, plan, or knowingly |
| 460 | participate in an intentional motor vehicle crash or a scheme to |
| 461 | create documentation of a motor vehicle crash that did not occur |
| 462 | for the purpose of making motor vehicle tort claims or claims |
| 463 | for personal injury protection benefits as required by s. |
| 464 | 627.736. Any person who violates this subsection commits a |
| 465 | felony of the second degree, punishable as provided in s. |
| 466 | 775.082, s. 775.083, or s. 775.084. A person who is convicted of |
| 467 | a violation of this subsection shall be sentenced to a minimum |
| 468 | term of imprisonment of 2 years. |
| 469 | Section 17. Section 817.2361, Florida Statutes, is amended |
| 470 | to read: |
| 471 | 817.2361 False or fraudulent proof of motor vehicle |
| 472 | insurance card.--Any person who, with intent to deceive any |
| 473 | other person, creates, markets, or presents a false or |
| 474 | fraudulent proof of motor vehicle insurance card commits a |
| 475 | felony of the third degree, punishable as provided in s. |
| 476 | 775.082, s. 775.083, or s. 775.084. |
| 477 | Section 18. Subsection (2) of section 817.50, Florida |
| 478 | Statutes, is amended to read: |
| 479 | 817.50 Fraudulently obtaining goods, services, etc., from |
| 480 | a health care provider.-- |
| 481 | (2) If any person gives to any health care provider in |
| 482 | this state a false or fictitious name or a false or fictitious |
| 483 | address or assigns to any health care provider the proceeds of |
| 484 | any health maintenance contract or insurance contract, then |
| 485 | knowing that such contract is no longer in force, is invalid, or |
| 486 | is void for any reason, such action shall be prima facie |
| 487 | evidence of the intent of such person to defraud the health care |
| 488 | provider. However, this subsection does not apply to |
| 489 | investigative actions taken by law enforcement officers for law |
| 490 | enforcement 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; |
| 494 | penalties.-- |
| 495 | (1) It is unlawful for any person, including any health |
| 496 | care provider or health care facility, to: |
| 497 | (a) Offer or pay any commission, bonus, rebate, kickback, |
| 498 | or bribe, directly or indirectly, in cash or in kind, or engage |
| 499 | in any split-fee arrangement, in any form whatsoever, to induce |
| 500 | the referral of patients or patronage to or from a health care |
| 501 | provider or health care facility; |
| 502 | (b) Solicit or receive any commission, bonus, rebate, |
| 503 | kickback, or bribe, directly or indirectly, in cash or in kind, |
| 504 | or engage in any split-fee arrangement, in any form whatsoever, |
| 505 | in return for referring patients or patronage to or from a |
| 506 | health care provider or health care facility; or |
| 507 | (c) Solicit or receive any commission, bonus, rebate, |
| 508 | kickback, or bribe, directly or indirectly, in cash or in kind, |
| 509 | or engage in any split-fee arrangement, in any form whatsoever, |
| 510 | in return for the acceptance or acknowledgement of treatment |
| 511 | from a health care provider or health care facility; or |
| 512 | (d)(c) Aid, abet, advise, or otherwise participate in the |
| 513 | conduct prohibited under paragraph (a), or paragraph (b), or |
| 514 | paragraph (c). |
| 515 | (2) For the purposes of this section, the term: |
| 516 | (a) "Health care provider or health care facility" means |
| 517 | any person or entity licensed, certified, or registered; |
| 518 | required to be licensed, certified, or registered; or lawfully |
| 519 | exempt from being required to be licensed, certified, or |
| 520 | registered with the Agency for Health Care Administration or the |
| 521 | Department of Health; any person or entity that has contracted |
| 522 | with the Agency for Health Care Administration to provide goods |
| 523 | or services to Medicaid recipients as provided under s. 409.907; |
| 524 | a county health department established under part I of chapter |
| 525 | 154; any community service provider contracting with the |
| 526 | Department of Children and Family Services to furnish alcohol, |
| 527 | drug abuse, or mental health services under part IV of chapter |
| 528 | 394; any substance abuse service provider licensed under chapter |
| 529 | 397; or any federally supported primary care program such as a |
| 530 | migrant or community health center authorized under ss. 329 and |
| 531 | 330 of the United States Public Health Services Act. |
| 532 | Section 20. Section 843.08, Florida Statutes, is amended |
| 533 | to read: |
| 534 | 843.08 Falsely personating officer, etc.--A person who |
| 535 | falsely assumes or pretends to be a sheriff, officer of the |
| 536 | Florida Highway Patrol, officer of the Fish and Wildlife |
| 537 | Conservation Commission, officer of the Department of |
| 538 | Environmental Protection, officer of the Department of |
| 539 | Transportation, officer of the Department of Financial Services, |
| 540 | officer of the Department of Corrections, correctional probation |
| 541 | officer, deputy sheriff, state attorney or assistant state |
| 542 | attorney, statewide prosecutor or assistant statewide |
| 543 | prosecutor, state attorney investigator, coroner, police |
| 544 | officer, lottery special agent or lottery investigator, beverage |
| 545 | enforcement agent, or watchman, or any member of the Parole |
| 546 | Commission and any administrative aide or supervisor employed by |
| 547 | the commission, or any personnel or representative of the |
| 548 | Department of Law Enforcement, and takes upon himself or herself |
| 549 | to act as such, or to require any other person to aid or assist |
| 550 | him or her in a matter pertaining to the duty of any such |
| 551 | officer, commits a felony of the third degree, punishable as |
| 552 | provided in s. 775.082, s. 775.083, or s. 775.084; however, a |
| 553 | person who falsely personates any such officer during the course |
| 554 | of the commission of a felony commits a felony of the second |
| 555 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 556 | 775.084; except that if the commission of the felony results in |
| 557 | the death or personal injury of another human being, the person |
| 558 | commits a felony of the first degree, punishable as provided in |
| 559 | s. 775.082, s. 775.083, or s. 775.084. |
| 560 | Section 21. Paragraph (n) is added to subsection (6) of |
| 561 | section 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 |
| 564 | proceeds shall be deposited into the General Revenue Fund. |
| 565 | However, if the seizing agency is: |
| 566 | (n) The Division of Insurance Fraud of the Department of |
| 567 | Financial Services, the proceeds accrued pursuant to the |
| 568 | provisions of the Florida Contraband Forfeiture Act shall be |
| 569 | deposited into the Insurance Regulatory Trust Fund as provided |
| 570 | in s. 626.9893 or into the Department of Financial Services' |
| 571 | Federal Equitable Sharing Trust Fund as provided in s. 17.43, as |
| 572 | applicable. |
| 573 | Section 22. If any provision of this act or the |
| 574 | application thereof to any person or circumstance is held |
| 575 | invalid, the invalidity does not affect other provisions or |
| 576 | applications of the act which can be given effect without the |
| 577 | invalid provision or application, and, to this end, the |
| 578 | provisions of this act are declared severable. |
| 579 | Section 23. This act shall take effect July 1, 2006. |