Bill No. CS/HB 1087
Amendment No. 490723
Senate House

1Representative Boyd offered the following:
3     Amendment (with title amendment)
4     Between lines 773 and 774, insert:
5     Section 15.  Paragraph (c) of subsection (7) of section
6817.234, Florida Statutes, is amended, present subsection (12)
7of that section is renumbered as subsection (13), and a new
8subsection (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
12or on behalf of an insurer, may not change an opinion in a
13mental or physical report prepared under s. 627.736(8)(7) or
14direct the physician preparing the report to change such
15opinion; however, this provision does not preclude the insurer
16from calling to the attention of the physician errors of fact in
17the report based upon information in the claim file. Any person
18who violates this paragraph commits a felony of the third
19degree, punishable as provided in s. 775.082, s. 775.083, or s.
21     (12)  In addition to any criminal liability, a person
22convicted of violating any provision of this section for the
23purpose of receiving insurance proceeds from a motor vehicle
24insurance contract is subject to a civil penalty.
25     (a)  Except for a violation of subsection (9), the civil
26penalty 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,
29for a second offense.
30     3.  A fine greater than $10,000, but not to exceed $15,000,
31for a third or subsequent offense.
32     (b)  The civil penalty for a violation of subsection (9)
33must be at least $15,000 but may not exceed $50,000.
34     (c)  The civil penalty shall be paid to the Insurance
35Regulatory Trust Fund within the Department of Financial
36Services and used by the department for the investigation and
37prosecution of insurance fraud.
38     (d)  This subsection does not prohibit a state attorney
39from entering into a written agreement in which the person
40charged with the violation does not admit to or deny the charges
41but consents to payment of the civil penalty.
T I T L E  A M E N D M E N T
46     Between lines 80 and 81, insert:
47amending s. 817.234, F.S.; revising a cross-reference;
48providing civil penalties consisting of monetary fines
49relating to making false and fraudulent insurance claims
50for the purpose of receiving motor vehicle insurance
51proceeds; providing escalating monetary fines for repeat
52offenses; providing a mandatory minimum civil fine
53relating to certain international motor vehicle accident
54schemes; allocating fine revenues to a specified trust
55fund for specified purposes; authorizing certain
56agreements between a defendant and a state attorney
57relating to the payment of civil fines for making false
58and fraudulent insurance claims for the purpose of
59receiving motor vehicle insurance proceeds;

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