| 1 | Representative Boyd offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 773 and 774, insert: |
| 5 | Section 15. Paragraph (c) of subsection (7) of section |
| 6 | 817.234, Florida Statutes, is amended, present subsection (12) |
| 7 | of that section is renumbered as subsection (13), and a new |
| 8 | subsection (12) is added to that section, to read: |
| 9 | 817.234 False and fraudulent insurance claims.- |
| 10 | (7) |
| 11 | (c) An insurer, or any person acting at the direction of |
| 12 | or on behalf of an insurer, may not change an opinion in a |
| 13 | mental or physical report prepared under s. 627.736(8)(7) or |
| 14 | direct the physician preparing the report to change such |
| 15 | opinion; however, this provision does not preclude the insurer |
| 16 | from calling to the attention of the physician errors of fact in |
| 17 | the report based upon information in the claim file. Any person |
| 18 | who violates this paragraph commits a felony of the third |
| 19 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 20 | 775.084. |
| 21 | (12) In addition to any criminal liability, a person |
| 22 | convicted of violating any provision of this section for the |
| 23 | purpose of receiving insurance proceeds from a motor vehicle |
| 24 | insurance contract is subject to a civil penalty. |
| 25 | (a) Except for a violation of subsection (9), the civil |
| 26 | penalty shall be: |
| 27 | 1. A fine up to $5,000 for a first offense. |
| 28 | 2. A fine greater than $5,000, but not to exceed $10,000, |
| 29 | for a second offense. |
| 30 | 3. A fine greater than $10,000, but not to exceed $15,000, |
| 31 | for a third or subsequent offense. |
| 32 | (b) The civil penalty for a violation of subsection (9) |
| 33 | must be at least $15,000 but may not exceed $50,000. |
| 34 | (c) The civil penalty shall be paid to the Insurance |
| 35 | Regulatory Trust Fund within the Department of Financial |
| 36 | Services and used by the department for the investigation and |
| 37 | prosecution of insurance fraud. |
| 38 | (d) This subsection does not prohibit a state attorney |
| 39 | from entering into a written agreement in which the person |
| 40 | charged with the violation does not admit to or deny the charges |
| 41 | but consents to payment of the civil penalty. |
| 42 |
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| 43 |
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| 44 | ----------------------------------------------------- |
| 45 | T I T L E A M E N D M E N T |
| 46 | Between lines 80 and 81, insert: |
| 47 | amending s. 817.234, F.S.; revising a cross-reference; |
| 48 | providing civil penalties consisting of monetary fines |
| 49 | relating to making false and fraudulent insurance claims |
| 50 | for the purpose of receiving motor vehicle insurance |
| 51 | proceeds; providing escalating monetary fines for repeat |
| 52 | offenses; providing a mandatory minimum civil fine |
| 53 | relating to certain international motor vehicle accident |
| 54 | schemes; allocating fine revenues to a specified trust |
| 55 | fund for specified purposes; authorizing certain |
| 56 | agreements between a defendant and a state attorney |
| 57 | relating to the payment of civil fines for making false |
| 58 | and fraudulent insurance claims for the purpose of |
| 59 | receiving motor vehicle insurance proceeds; |