CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Rossin moved the following amendment to House

12  amendment (661825):

13

14         Senate Amendment (with title amendment) 

15         On page 3, line 11,

16

17  insert:

18         Section 4.  Paragraphs (e) and (f) of subsection (1) of

19  section 626.321, Florida Statutes, 1998 Supplement, are

20  amended to read:

21         626.321  Limited licenses.--

22         (1)  The department shall issue to a qualified

23  individual, or a qualified individual or entity under

24  paragraphs (c), (d), and (e), a license as agent authorized to

25  transact a limited class of business in any of the following

26  categories:

27         (e)  Credit life or disability insurance.--License

28  covering only credit life or disability insurance.  The

29  license may be issued only to an individual employed by a life

30  or health insurer as an officer or other salaried or

31  commissioned representative, or to an individual employed by

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    





 1  or associated with a lending or financing institution or

 2  creditor, and may authorize the sale of such insurance only

 3  with respect to borrowers or debtors of such lending or

 4  financing institution or creditor.  However, only the

 5  individual or entity whose tax identification number is used

 6  in receiving or is credited with receiving the commission from

 7  the sale of such insurance shall be the licensed agent of the

 8  insurer.  No individual while so licensed shall hold a license

 9  as an agent or solicitor as to any other or additional kind or

10  class of life or health insurance coverage.  An entity other

11  than a lending or financial institution defined in s. 626.988

12  holding a limited license under this paragraph shall also be

13  authorized to sell credit property insurance. An entity

14  applying for a license under this section:

15         1.  Is required to submit only one application for a

16  license under s. 626.171.

17         2.  Is required to obtain a license for each office,

18  branch office, or place of business making use of the entity's

19  business name by applying to the department for the license on

20  a simplified form developed by rule of the department for this

21  purpose.

22         3.  Is not required to pay any additional application

23  fees for a license issued to the offices or places of business

24  referenced in subsection (2), but is required to pay the

25  license fee as prescribed in s. 624.501, be appointed under s.

26  626.112, and pay the prescribed appointment fee under s.

27  624.501. The license obtained under this paragraph shall be

28  posted at the business location for which it was issued so as

29  to be readily visible to prospective purchasers of such

30  coverage.

31         (f)  Credit insurance.--License covering only credit

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    





 1  insurance, as such insurance is defined in s. 624.605(1)(i),

 2  and no individual or entity so licensed shall, during the same

 3  period, hold a license as an agent or solicitor as to any

 4  other or additional kind of life or health insurance with the

 5  exception of credit life or disability insurance as defined in

 6  paragraph (e). The same licensing provisions as outlined in

 7  paragraph (e) apply to entities licensed as credit insurance

 8  agents under this paragraph.

 9         Section 5.  Subsection (1) of section 626.989, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         626.989  Division of Insurance Fraud; definition;

12  investigative, subpoena powers; protection from civil

13  liability; reports to division; division investigator's power

14  to execute warrants and make arrests.--

15         (1)  For the purposes of this section, a person commits

16  a "fraudulent insurance act" if the person knowingly and with

17  intent to defraud presents, causes to be presented, or

18  prepares with knowledge or belief that it will be presented,

19  to or by an insurer, self-insurer, self-insurance fund,

20  servicing corporation, purported insurer, broker, or any agent

21  thereof, any written statement as part of, or in support of,

22  an application for the issuance of, or the rating of, any

23  insurance policy, or a claim for payment or other benefit

24  pursuant to any insurance policy, which the person knows to

25  contain materially false information concerning any fact

26  material thereto or if the person conceals, for the purpose of

27  misleading another, information concerning any fact material

28  thereto. For the purposes of this section, the term "insurer"

29  also includes any health maintenance organization and the term

30  "insurance policy" also includes a health maintenance

31  organization subscriber contract.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    





 1         Section 6.  Section 626.9892, Florida Statutes, is

 2  created to read:

 3         626.9892  Anti-Fraud Reward Program; reporting of

 4  insurance fraud.--

 5         (1)  The Anti-Fraud Reward Program is hereby

 6  established within the department, to be funded from the

 7  Insurance Commissioner's Regulatory Trust Fund.

 8         (2)  The department may pay rewards of up to $25,000 to

 9  persons providing information leading to the arrest and

10  conviction of persons committing complex or organized crimes

11  investigated by the Division of Insurance Fraud arising from

12  violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989,

13  or s. 817.234.

14         (3)  Only a single reward amount may be paid by the

15  department for claims arising out of the same transaction or

16  occurrence, regardless of the number of persons arrested and

17  convicted and the number of persons submitting claims for the

18  reward.  The reward may be disbursed among more than one

19  person in amounts determined by the department.

20         (4)  The department shall adopt rules which set forth

21  the application and approval process, including the criteria

22  against which claims shall be evaluated, the basis for

23  determining specific reward amounts, and the manner in which

24  rewards shall be disbursed. Applications for rewards

25  authorized by this section must be made pursuant to rules

26  established by the department.

27         (5)  Determinations by the department to grant or deny

28  a reward under this section shall not be considered agency

29  action subject to review under s. 120.569 or s. 120.57.

30         Section 7.  Section 641.3915, Florida Statutes, is

31  created to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    





 1         641.3915  Health maintenance organization anti-fraud

 2  plans and investigative units.--Each authorized health

 3  maintenance organization and applicant for a certificate of

 4  authority shall comply with the provisions of ss. 626.989 and

 5  626.9891 as though such organization or applicant were an

 6  authorized insurer. For purposes of this section, the

 7  reference to the year 1996 in s. 626.9891 means the year 2000

 8  and the reference to the year 1995 means the year 1999.

 9         Section 8.  Paragraph (h) of subsection (2) of section

10  775.15, Florida Statutes, 1998 Supplement, is amended to read:

11         775.15  Time limitations.--

12         (2)  Except as otherwise provided in this section,

13  prosecutions for other offenses are subject to the following

14  periods of limitation:

15         (h)  A prosecution for a felony violation of s. 440.105

16  and s. 817.234 must be commenced within 5 years after the

17  violation is committed.

18         Section 9.  Subsections (1), (2), (3), (4), and (10) of

19  section 817.234, Florida Statutes, 1998 Supplement, are

20  amended, and subsections (11) and (12) are added to said

21  section, to read:

22         817.234  False and fraudulent insurance claims.--

23         (1)(a)  A person commits insurance fraud punishable as

24  provided in subsection (11) if that Any person who, with the

25  intent to injure, defraud, or deceive any insurer:

26         1.  Presents or causes to be presented any written or

27  oral statement as part of, or in support of, a claim for

28  payment or other benefit pursuant to an insurance policy or a

29  health maintenance organization subscriber or provider

30  contract, knowing that such statement contains any false,

31  incomplete, or misleading information concerning any fact or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    





 1  thing material to such claim;

 2         2.  Prepares or makes any written or oral statement

 3  that is intended to be presented to any insurer in connection

 4  with, or in support of, any claim for payment or other benefit

 5  pursuant to an insurance policy or a health maintenance

 6  organization subscriber or provider contract, knowing that

 7  such statement contains any false, incomplete, or misleading

 8  information concerning any fact or thing material to such

 9  claim; or

10         3.a.  Knowingly presents, causes to be presented, or

11  prepares or makes with knowledge or belief that it will be

12  presented to any insurer, purported insurer, servicing

13  corporation, insurance broker, or insurance agent, or any

14  employee or agent thereof, any false, incomplete, or

15  misleading information or written or oral statement as part

16  of, or in support of, an application for the issuance of, or

17  the rating of, any insurance policy, or a health maintenance

18  organization subscriber or provider contract; or

19         b.  Who knowingly conceals information concerning any

20  fact material to such application,

21

22  commits a felony of the third degree, punishable as provided

23  in s. 775.082, s. 775.083, or s. 775.084.

24         (b)  All claims and application forms shall contain a

25  statement that is approved by the Department of Insurance that

26  clearly states in substance the following: "Any person who

27  knowingly and with intent to injure, defraud, or deceive any

28  insurer files a statement of claim or an application

29  containing any false, incomplete, or misleading information is

30  guilty of a felony of the third degree."  This paragraph shall

31  not apply to reinsurance contracts, reinsurance agreements, or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    





 1  reinsurance claims transactions. The changes in this paragraph

 2  relating to applications shall take effect on March 1, 1996.

 3         (2)  Any physician licensed under chapter 458,

 4  osteopathic physician licensed under chapter 459, chiropractic

 5  physician licensed under chapter 460, or other practitioner

 6  licensed under the laws of this state who knowingly and

 7  willfully assists, conspires with, or urges any insured party

 8  to fraudulently violate any of the provisions of this section

 9  or part XI of chapter 627, or any person who, due to such

10  assistance, conspiracy, or urging by said physician,

11  osteopathic physician, chiropractic physician, or

12  practitioner, knowingly and willfully benefits from the

13  proceeds derived from the use of such fraud, commits insurance

14  fraud is guilty of a felony of the third degree, punishable as

15  provided in subsection (11) s. 775.082, s. 775.083, or s.

16  775.084. In the event that a physician, osteopathic physician,

17  chiropractic physician, or practitioner is adjudicated guilty

18  of a violation of this section, the Board of Medicine as set

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

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

21  set forth in chapter 460, or other appropriate licensing

22  authority shall hold an administrative hearing to consider the

23  imposition of administrative sanctions as provided by law

24  against said physician, osteopathic physician, chiropractic

25  physician, or practitioner.

26         (3)  Any attorney who knowingly and willfully assists,

27  conspires with, or urges any claimant to fraudulently violate

28  any of the provisions of this section or part XI of chapter

29  627, or any person who, due to such assistance, conspiracy, or

30  urging on such attorney's part, knowingly and willfully

31  benefits from the proceeds derived from the use of such fraud,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    





 1  commits insurance fraud a felony of the third degree,

 2  punishable as provided in subsection (11) s. 775.082, s.

 3  775.083, or s. 775.084.

 4         (4)  Any No person or governmental unit licensed under

 5  chapter 395 to maintain or operate a hospital, and any no

 6  administrator or employee of any such hospital, who shall

 7  knowingly and willfully allows allow the use of the facilities

 8  of said hospital by an insured party in a scheme or conspiracy

 9  to fraudulently violate any of the provisions of this section

10  or part XI of chapter 627.  Any hospital administrator or

11  employee who violates this subsection commits insurance fraud

12  a felony of the third degree, punishable as provided in

13  subsection (11) s. 775.082, s. 775.083, or s. 775.084.  Any

14  adjudication of guilt for a violation of this subsection, or

15  the use of business practices demonstrating a pattern

16  indicating that the spirit of the law set forth in this

17  section or part XI of chapter 627 is not being followed, shall

18  be grounds for suspension or revocation of the license to

19  operate the hospital or the imposition of an administrative

20  penalty of up to $5,000 by the licensing agency, as set forth

21  in chapter 395.

22         (10)  As used in this section, the term "insurer" means

23  any insurer, health maintenance organization, self-insurer,

24  self-insurance fund, or other similar entity or person

25  regulated under chapter 440 or chapter 641 or by the

26  Department of Insurance under the Florida Insurance Code.

27         (11)  If the value of any property involved in a

28  violation of this section:

29         (a)  Is less than $20,000, the offender commits a

30  felony of the third degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    





 1         (b)  Is $20,000 or more, but less than $100,000, the

 2  offender commits a felony of the second degree, punishable as

 3  provided in s. 775.082, s. 775.083, or s. 775.084.

 4         (c)  Is $100,000 or more, the offender commits a felony

 5  of the first degree, punishable as provided in s. 775.082, s.

 6  775.083, or s. 775.084.

 7         (12)  As used in this section:

 8         (a)  "Property" means property as defined in s.

 9  812.012.

10         (b)  "Value" means value as defined in s. 812.012.

11         Section 10.  Subsection (4) of section 817.505, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         817.505  Patient brokering prohibited; exceptions;

14  penalties.--

15         (4)  Any person, including an officer, partner, agent,

16  attorney, or other representative of a firm, joint venture,

17  partnership, business trust, syndicate, corporation, or other

18  business entity, who violates any provision of this section

19  commits:

20         (a)  A misdemeanor of the first degree for a first

21  violation, punishable as provided in s. 775.082 or by a fine

22  not to exceed $5,000, or both.

23         (b)  a felony of the third degree for a second or

24  subsequent violation, punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084 or by a fine not to exceed $10,000, or

26  both.

27         Section 11.  For the purpose of incorporating the

28  amendment to subsection (4) of section 817.505, Florida

29  Statutes, 1998 Supplement, in a reference thereto, subsection

30  (3) of section 455.657, Florida Statutes, is reenacted to

31  read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    





 1         455.657  Kickbacks prohibited.--

 2         (3)  Violations of this section shall be considered

 3  patient brokering and shall be punishable as provided in s.

 4  817.505.

 5         Section 12.  The sum of $250,000 is hereby appropriated

 6  from the Insurance Commissioner's Regulatory Trust Fund in a

 7  nonoperating category for state fiscal year 1999-2000 for the

 8  purpose of implementing the reward program under s. 626.9892,

 9  Florida Statutes, as created by this act.

10

11

12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14         On page 3, line 27, after the first semicolon

15

16  insert:

17         amending s. 626.321, F.S.; providing

18         requirements for limited licenses for credit

19         life or disability insurance and credit

20         insurance; amending s. 626.989, F.S.; defining

21         the terms "insurer" and "insurance policy" for

22         purposes of determining insurance fraud;

23         creating s. 626.9892, F.S.; establishing the

24         Anti-Fraud Reward Program in the department;

25         providing for rewards under certain

26         circumstances; requiring the department to

27         adopt rules to implement the program; exempting

28         review of department decisions relating to

29         rewards; creating s. 641.3915, F.S.; requiring

30         certain health maintenance organizations to

31         comply with insurer anti-fraud requirements;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 312, 2nd Eng.

    Amendment No.    





 1         providing construction; amending s. 775.15,

 2         F.S.; extending the statute of limitations for

 3         certain insurance fraud violations; amending s.

 4         817.234, F.S.; specifying a schedule of

 5         criminal penalties for committing insurance

 6         fraud; providing definitions; providing

 7         application to health maintenance organizations

 8         and contracts; amending s. 817.505, F.S.;

 9         revising a penalty for patient brokering;

10         reenacting s. 455.657(3), F.S., relating to

11         kickbacks, to incorporate changes; providing an

12         appropriation;

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