Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1930
       
       
       
       
       
       
                                Barcode 243424                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/13/2011           .                                
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       The Committee on Banking and Insurance (Fasano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 203 - 1533
    4  and insert:
    5         Section 3. Present subsections (10), (11), and (12) of
    6  section 817.234, Florida Statutes, are renumbered as subsections
    7  (11), (12), and (13), respectively, and a new subsection (10) is
    8  added to that section, to read:
    9         817.234 False and fraudulent insurance claims.—
   10         (10) In addition to any criminal liability, a person
   11  convicted of violating any provision of this section for the
   12  purpose of receiving insurance proceeds from a motor vehicle
   13  insurance contract is subject to a civil penalty.
   14         (a) Except for a violation of subsection (9), the civil
   15  penalty shall be:
   16         1. A fine up to $5,000 for a first offense.
   17         2. A fine greater than $5,000, but not to exceed $10,000,
   18  for a second offense.
   19         3. A fine greater than $10,000, but not to exceed $15,000,
   20  for a third or subsequent offense.
   21         (b) The civil penalty for a violation of subsection (9)
   22  must be at least $15,000, but may not exceed $50,000.
   23         (c) The civil penalty shall be paid to the Insurance
   24  Regulatory Trust Fund within the Department of Financial
   25  Services and used by the department for the investigation and
   26  prosecution of insurance fraud.
   27         (d) This subsection does not prohibit a state attorney from
   28  entering into a written agreement in which the person charged
   29  with the violation does not admit to or deny the charges but
   30  consents to payment of the civil penalty.
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33         And the title is amended as follows:
   34         Delete lines 12 - 112
   35  and insert:
   36         statement regarding insurance fraud; amending s.
   37         817.234, F.S.; providing civil penalties for
   38         fraudulent insurance claims involving motor vehicle
   39         insurance; providing an effective date.