| 1 | A bill to be entitled |
| 2 | An act relating to false and fraudulent insurance |
| 3 | claims; amending s. 817.234, F.S.; requiring minimum |
| 4 | mandatory punishments for specified insurance fraud |
| 5 | violations involving personal injury protection |
| 6 | insurance; providing for professional license |
| 7 | suspensions for certain health care practitioners |
| 8 | convicted of such violations; providing an effective |
| 9 | date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
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| 13 | Section 1. Subsection (13) is added to section 817.234, |
| 14 | Florida Statutes, to read: |
| 15 | 817.234 False and fraudulent insurance claims.-- |
| 16 | (13)(a) For offenses committed on or after October 1, |
| 17 | 2008, and notwithstanding any other law, a person committing a |
| 18 | violation of this section involving a claim under s. 627.736 |
| 19 | shall be punished: |
| 20 | 1. For a first violation, by a mandatory minimum term of |
| 21 | imprisonment of 2 years and a mandatory minimum fine of |
| 22 | $200,000. |
| 23 | 2. For a second or subsequent violation, by a mandatory |
| 24 | minimum term of imprisonment of 10 years and a mandatory |
| 25 | minimum fine of $500,000. |
| 26 | (b)1. In addition to any other punishment, a health care |
| 27 | practitioner, as defined in s. 456.001, who is convicted of a |
| 28 | violation of this section involving a claim under s. 627.736 |
| 29 | shall be punished by a minimum mandatory suspension of his or |
| 30 | her professional license for 12 months by the appropriate |
| 31 | board or department under s. 456.072. |
| 32 | 2. For purposes of this paragraph, the term "convicted" |
| 33 | means that there has been a determination of guilt as a result |
| 34 | of a trial or the entry of a plea of guilty or nolo |
| 35 | contendere, regardless of whether adjudication is withheld. |
| 36 | Section 2. This act shall take effect October 1, 2008. |