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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.

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

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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 willfully

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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 and

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willfully benefits from the proceeds derived from the use of such

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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 adjudicated

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guilty of a violation of this section, the Board of Medicine as

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

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

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set forth in chapter 460, or other appropriate licensing

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authority shall hold an administrative hearing to consider the

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imposition of administrative sanctions as provided by law against

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said physician, osteopathic physician, chiropractic physician, or

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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 an

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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 of

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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, to serve a minimum mandatory

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term of imprisonment of 2 years and pay a minimum mandatory fine

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of $200,000.

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     2. For a second or subsequent conviction, to serve a

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minimum mandatory term of imprisonment of 10 years and pay a

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minimum 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.