HB 267

1
A bill to be entitled
2An act relating to false and fraudulent insurance
3claims; amending s. 817.234, F.S.; requiring minimum
4mandatory punishments for specified insurance fraud
5violations involving personal injury protection
6insurance; providing for professional license
7suspensions for certain health care practitioners
8convicted of such violations; providing an effective
9date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (13) is added to section 817.234,
14Florida Statutes, to read:
15     817.234  False and fraudulent insurance claims.--
16     (13)(a)  For offenses committed on or after October 1,
172008, and notwithstanding any other law, a person committing a
18violation of this section involving a claim under s. 627.736
19shall be punished:
20     1.  For a first violation, by a mandatory minimum term of
21imprisonment of 2 years and a mandatory minimum fine of
22$200,000.
23     2.  For a second or subsequent violation, by a mandatory
24minimum term of imprisonment of 10 years and a mandatory
25minimum fine of $500,000.
26     (b)1.  In addition to any other punishment, a health care
27practitioner, as defined in s. 456.001, who is convicted of a
28violation of this section involving a claim under s. 627.736
29shall be punished by a minimum mandatory suspension of his or
30her professional license for 12 months by the appropriate
31board or department under s. 456.072.
32     2.  For purposes of this paragraph, the term "convicted"
33means that there has been a determination of guilt as a result
34of a trial or the entry of a plea of guilty or nolo
35contendere, regardless of whether adjudication is withheld.
36     Section 2.  This act shall take effect October 1, 2008.


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