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.