Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 1306
Ì716542$Î716542
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/31/2015 .
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The Committee on Banking and Insurance (Richter) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 400.993, Florida Statutes, is repealed.
6 Section 2. Subsections (3) and (4) of section 400.9935,
7 Florida Statutes, are amended to read:
8 400.9935 Clinic responsibilities.—
9 (3) A charge All charges or reimbursement claim claims made
10 by or on behalf of a clinic that is required to be licensed
11 under this part, but that is not so licensed, or that is
12 otherwise operating in violation of this part or rules of the
13 agency, regardless of whether a service is rendered or whether
14 the charge or reimbursement claim is paid, is an, are unlawful
15 charge charges, and is therefore are noncompensable and
16 unenforceable. A person who knowingly makes or causes to be made
17 an unlawful charge commits theft within the meaning of, and
18 punishable as provided in, s. 812.014.
19 (4)(a) Regardless of whether notification is provided by
20 the agency under In addition to the requirements of s. 408.812,
21 a any person commits a felony of the third degree, punishable as
22 provided in s. 775.082, s. 775.083, or s. 775.084, if the person
23 knowingly:
24 1. Establishes, owns, operates, manages, or maintains
25 establishing, operating, or managing an unlicensed clinic
26 otherwise required to be licensed under this part or part II of
27 chapter 408;, or
28 2. Offers or advertises services that require licensure as
29 a clinic under this part or part II of chapter 408 without a
30 license.
31 (b) If the agency provides notification under s. 408.812
32 of, or if a person is arrested for, a violation of subparagraph
33 (a)1. or subparagraph (a)2., each day during which a violation
34 of subparagraph (a)1. or subparagraph (a)2. occurs constitutes a
35 separate offense.
36 (c) A person convicted of a second or subsequent violation
37 of subparagraph (a)1. or subparagraph (a)2. commits a felony of
38 the second degree, punishable as provided in s. 775.082, s.
39 775.083, or s. 775.084. If the agency provides notification of,
40 or if a person is arrested for, a violation of this paragraph,
41 each day that this paragraph is violated thereafter constitutes
42 a separate offense. For purposes of this paragraph, the term
43 “convicted” means a determination of guilt which is the result
44 of a trial or the entry of a plea of guilty or nolo contendere,
45 regardless of whether adjudication is withheld.
46 (d) In addition to the requirements of part II of chapter
47 408, a health care provider who is aware of the operation of an
48 unlicensed clinic shall report the clinic to the agency. The
49 agency shall report to the provider’s licensing board a failure
50 to report a clinic that the provider knows or has reasonable
51 cause to suspect is unlicensed.
52 (e) A person commits a felony of the third degree,
53 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
54 if the any person who knowingly:
55 1. Files a false or misleading license application or
56 license renewal application, or files false or misleading
57 information related to such application or agency department
58 rule; or
59 2. Fails to report information to the agency as required by
60 s. 408.810(3), commits a felony of the third degree, punishable
61 as provided in s. 775.082, s. 775.083, or s. 775.084.
62 Section 3. Subsection (5) of section 626.9894, Florida
63 Statutes, is amended to read:
64 626.9894 Gifts and grants.—
65 (5) Notwithstanding s. 216.301 and pursuant to s. 216.351,
66 any balance of moneys deposited into the Insurance Regulatory
67 Trust Fund pursuant to this section or s. 626.9895 remaining at
68 the end of any fiscal year is available for carrying out the
69 duties and responsibilities of the division. The department may
70 request annual appropriations from the grants and donations
71 received pursuant to this section or s. 626.9895 and cash
72 balances in the Insurance Regulatory Trust Fund for the purpose
73 of carrying out its duties and responsibilities related to the
74 division’s anti-fraud efforts, including the funding of
75 dedicated prosecutors and related personnel.
76 Section 4. Section 626.9895, Florida Statutes, is repealed.
77 Section 5. Paragraphs (c) and (f) of subsection (3) of
78 section 921.0022, Florida Statutes, are amended to read:
79 921.0022 Criminal Punishment Code; offense severity ranking
80 chart.—
81 (3) OFFENSE SEVERITY RANKING CHART
82 (c) LEVEL 3
83
84
85 FloridaStatute FelonyDegree Description
86 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
87 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
88 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
89 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
90 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
91 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
92 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
93 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
94 327.35(2)(b) 3rd Felony BUI.
95 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
96 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
97 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
98 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
99 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
100 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license or filing false license application or other required information.
101 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
102 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
103 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
104 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
105 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
106 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
107 697.08 3rd Equity skimming.
108 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
109 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
110 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
111 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
112 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
113 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
114 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
115 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
116 817.233 3rd Burning to defraud insurer.
117 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
118 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
119 817.236 3rd Filing a false motor vehicle insurance application.
120 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
121 817.413(2) 3rd Sale of used goods as new.
122 817.505(4) 3rd Patient brokering.
123 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
124 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
125 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
126 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
127 843.19 3rd Injure, disable, or kill police dog or horse.
128 860.15(3) 3rd Overcharging for repairs and parts.
129 870.01(2) 3rd Riot; inciting or encouraging.
130 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
131 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
132 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
133 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
134 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
135 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
136 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
137 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
138 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
139 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
140 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
141 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
142 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
143 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
144 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
145 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
146 (f) LEVEL 6
147
148
149 FloridaStatute FelonyDegree Description
150 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
151 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
152 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
153 499.0051(3) 2nd Knowing forgery of pedigree papers.
154 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
155 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
156 775.0875(1) 3rd Taking firearm from law enforcement officer.
157 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
158 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
159 784.041 3rd Felony battery; domestic battery by strangulation.
160 784.048(3) 3rd Aggravated stalking; credible threat.
161 784.048(5) 3rd Aggravated stalking of person under 16.
162 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
163 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
164 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
165 784.081(2) 2nd Aggravated assault on specified official or employee.
166 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
167 784.083(2) 2nd Aggravated assault on code inspector.
168 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
169 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
170 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
171 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
172 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
173 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
174 794.05(1) 2nd Unlawful sexual activity with specified minor.
175 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
176 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
177 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
178 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
179 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
180 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
181 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
182 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
183 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
184 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
185 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
186 825.102(1) 3rd Abuse of an elderly person or disabled adult.
187 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
188 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
189 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
190 827.03(2)(c) 3rd Abuse of a child.
191 827.03(2)(d) 3rd Neglect of a child.
192 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
193 836.05 2nd Threats; extortion.
194 836.10 2nd Written threats to kill or do bodily injury.
195 843.12 3rd Aids or assists person to escape.
196 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
197 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
198 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
199 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
200 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
201 944.40 2nd Escapes.
202 944.46 3rd Harboring, concealing, aiding escaped prisoners.
203 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
204 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
205 Section 6. This act shall take effect July 1, 2015.
206
207 ================= T I T L E A M E N D M E N T ================
208 And the title is amended as follows:
209 Delete everything before the enacting clause
210 and insert:
211 A bill to be entitled
212 An act relating to insurance fraud; repealing s.
213 400.993, F.S., relating to criminal penalties
214 applicable to unlicensed health care clinics and the
215 reporting of unlicensed health care clinics; amending
216 s. 400.9935, F.S.; revising provisions related to
217 unlawful, noncompensable, and unenforceable health
218 care clinic charges or reimbursement claims; revising
219 and providing criminal penalties for making unlawful
220 charges, operating or failing to report an unlicensed
221 clinic, filing false or misleading information related
222 to a clinic license application, and other violations;
223 defining the term “convicted”; amending s. 626.9894,
224 F.S.; conforming provisions to changes made by the
225 act; repealing s. 626.9895, F.S., relating to the
226 establishment of a motor vehicle insurance fraud
227 direct-support organization; amending s. 921.0022,
228 F.S.; conforming provisions of the offense severity
229 ranking chart of the Criminal Punishment Code to
230 changes made by the act; providing an effective date.