Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1930
       
       
       
       
       
       
                                Barcode 495560                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/13/2011           .                                
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       The Committee on Banking and Insurance (Fasano) recommended the
       following:
       
    1         Senate Amendment to Amendment (100124) (with title
    2  amendment)
    3  
    4         Delete lines 92 - 1505
    5  and insert:
    6         Section 3. Subsections (10) through (12) of section
    7  817.234, Florida Statutes, are amended to read:
    8         817.234 False and fraudulent insurance claims.—
    9         (10) As used in this section, the term “insurer” means any
   10  insurer, health maintenance organization, self-insurer, self
   11  insurance fund, or other similar entity or person regulated
   12  under chapter 440 or chapter 641 or by the Office of Insurance
   13  Regulation under the Florida Insurance Code.
   14         (10)(11) If the value of any property involved in a
   15  violation of this section:
   16         (a) Is less than $20,000, the offender commits a felony of
   17  the third degree, punishable as provided in s. 775.082, s.
   18  775.083, or s. 775.084.
   19         (b) Is $20,000 or more, but less than $100,000, the
   20  offender commits a felony of the second degree, punishable as
   21  provided in s. 775.082, s. 775.083, or s. 775.084.
   22         (c) Is $100,000 or more, the offender commits a felony of
   23  the first degree, punishable as provided in s. 775.082, s.
   24  775.083, or s. 775.084.
   25         (11) In addition to any criminal liability, a person
   26  convicted of violating any provision of this section for the
   27  purpose of receiving insurance proceeds from a motor vehicle
   28  insurance contract is subject to a civil penalty.
   29         (a) Except for a violation of subsection (9), the civil
   30  penalty shall be:
   31         1. A fine up to $5,000 for a first offense.
   32         2. A fine greater than $5,000, but not to exceed $10,000,
   33  for a second offense.
   34         3. A fine greater than $10,000, but not to exceed $15,000,
   35  for a third or subsequent offense.
   36         (b) The civil penalty for a violation of subsection (9)
   37  must be at least $15,000, but may not exceed $50,000.
   38         (c) The civil penalty shall be paid to the Insurance
   39  Regulatory Trust Fund within the Department of Financial
   40  Services and used by the department for the investigation and
   41  prosecution of insurance fraud.
   42         (d) This subsection does not prohibit a state attorney from
   43  entering into a written agreement in which the person charged
   44  with the violation does not admit to or deny the charges but
   45  consents to payment of the civil penalty.
   46         (12) As used in this section, the term:
   47         (a) “Insurer” means any insurer, health maintenance
   48  organization, self-insurer, self-insurance fund, or similar
   49  entity or person regulated under chapter 440 or chapter 641 or
   50  by the Office of Insurance Regulation under the Florida
   51  Insurance Code.
   52         (b)(a) “Property” means property as defined in s. 812.012.
   53         (c)(b) “Value” has the same meaning means value as defined
   54  in s. 812.012.
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57         And the title is amended as follows:
   58         Delete lines 1523 - 1633
   59  and insert:
   60         statement regarding insurance fraud; amending s.
   61         817.234, F.S.; providing civil penalties for
   62         fraudulent insurance claims involving motor vehicle
   63         insurance; providing an effective date.