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The Committee on Banking and Insurance (Gaetz) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsections (2), (11), and (12) of section

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817.234, Florida Statutes, are amended to read:

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     817.234  False and fraudulent insurance claims.--

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     (2)(a)  Any physician licensed under chapter 458,

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osteopathic physician licensed under chapter 459, chiropractic

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physician licensed under chapter 460, or other practitioner

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licensed under the laws of this state who knowingly and

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willfully assists, conspires with, or urges any insured party to

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fraudulently violate any of the provisions of this section or

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part XI of chapter 627, or any person who, due to such

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assistance, conspiracy, or urging by said physician, osteopathic

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physician, chiropractic physician, or practitioner, knowingly

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and willfully benefits from the proceeds derived from the use of

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such fraud, commits insurance fraud, punishable as provided in

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subsection (11). In the event that a physician, osteopathic

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physician, chiropractic physician, or practitioner is

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adjudicated guilty of a violation of this section, the Board of

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Medicine as set forth in chapter 458, the Board of Osteopathic

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Medicine as set forth in chapter 459, the Board of Chiropractic

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Medicine as set forth in chapter 460, or other appropriate

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licensing authority shall hold an administrative hearing to

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consider the imposition of administrative sanctions as provided

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by law against said physician, osteopathic physician,

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chiropractic physician, or practitioner.

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     (b) If a physician licensed under chapter 458, an

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osteopathic physician licensed under chapter 459, a chiropractic

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physician licensed under chapter 460, or any practitioner

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licensed under the laws of this state is convicted of insurance

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fraud that involves a claim for personal injury protection

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benefits as required by s. 627.736, the Board of Medicine as set

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forth in chapter 458, the Board of Osteopathic Medicine as set

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forth in chapter 459, the Board of Chiropractic Medicine as set

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forth in chapter 460, or other appropriate licensing authority

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shall, in addition to any other punishment less than revocation

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or relinquishment of the license, suspend the license of such

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physician, osteopathic physician, chiropractic physician, or

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practitioner for 12 months.

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     (c)(b) In addition to any other provision of law,

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systematic upcoding by a provider, as defined in s. 641.19(14),

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with the intent to obtain reimbursement otherwise not due from

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an insurer is punishable as provided in s. 641.52(5).

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     (11)(a) If the value of any property involved in a

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violation of this section:

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     1.(a) Is less than $20,000, the offender commits a felony

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of the third degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084.

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     2.(b) Is $20,000 or more, but less than $100,000, the

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offender commits a felony of the second degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084.

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     3.(c) Is $100,000 or more, the offender commits a felony

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of the first degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084.

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     (b) Notwithstanding any other provision of law, any person

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who is convicted of insurance fraud that involves a claim for

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personal injury protection benefits as required by s. 627.736

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shall be sentenced as follows:

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     1. For a first conviction, by a minimum mandatory term of

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imprisonment of 2 years and a minimum mandatory fine of

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$200,000.

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     2. For a second or subsequent conviction, by a minimum

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mandatory term of imprisonment of 10 years and a minimum

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mandatory fine of $500,000.

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     (12)  As used in this section:

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     (a)  "Property" means property as defined in s. 812.012.

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     (b)  "Value" means value as defined in s. 812.012.

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     (c) "Conviction" has the same meaning as provided in s.

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775.0837.

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     Section 2.  This act shall take effect October 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to false and fraudulent insurance claims;

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amending s. 817.234, F.S.; requiring certain professional

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licensing boards to suspend the licenses of certain health

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care practitioners if convicted of insurance fraud

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involving personal injury protection insurance; providing

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minimum penalties to be imposed for such conviction;

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defining the term "conviction"; providing an effective

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date.

3/17/2008  9:13:00 AM     4-05007-08