Florida Senate - 2008 (Reformatted) SB 752

By Senator Baker

20-02533-08 2008752__

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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 minimum mandatory

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punishments for specified insurance fraud violations

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involving personal injury protection insurance; providing

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for professional license suspensions for certain health

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care practitioners convicted of such violations; providing

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an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (13) is added to section 817.234,

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Florida Statutes, to read:

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     817.234  False and fraudulent insurance claims.--

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     (13)(a) For offenses committed on or after October 1, 2008,

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and notwithstanding any other law, a person committing a

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violation of this section involving a claim under s. 627.736

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shall be punished:

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

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imprisonment of 2 years and a mandatory minimum fine of $200,000.

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     2. For a second or subsequent violation, by a mandatory

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minimum term of imprisonment of 10 years and a mandatory minimum

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fine of $500,000.

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     (b)1. In addition to any other punishment, a health care

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practitioner, as defined in s. 456.001, who is convicted of a

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violation of this section involving a claim under s. 627.736

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shall be punished by a minimum mandatory suspension of his or her

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professional license for 12 months by the appropriate board or

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department under s. 456.072.

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     2. For purposes of this paragraph, the term "convicted"

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means that there has been a determination of guilt as a result of

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a trial or the entry of a plea of guilty or nolo contendere,

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regardless of whether adjudication is withheld.

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

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