Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1252
       
       
       
       
       
       
                                Barcode 154520                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/27/2011           .                                
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       The Committee on Rules (Smith) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 743 and 744
    4  insert:
    5         Section 14. Subsections (10) and (12) of section 817.234,
    6  Florida Statutes, are amended to read:
    7         817.234 False and fraudulent insurance claims.—
    8         (10) In addition to any criminal liability, a person
    9  convicted of violating any provision of this section for the
   10  purpose of receiving insurance proceeds from a motor vehicle
   11  insurance contract is subject to a civil penalty.
   12         (a) Except for a violation of subsection (9), the civil
   13  penalty shall be:
   14         1. A fine up to $5,000 for a first offense.
   15         2. A fine greater than $5,000, but not to exceed $10,000,
   16  for a second offense.
   17         3. A fine greater than $10,000, but not to exceed $15,000,
   18  for a third or subsequent offense.
   19         (b) The civil penalty for a violation of subsection (9)
   20  must be at least $15,000, but may not exceed $50,000.
   21         (c) The civil penalty shall be paid to the Insurance
   22  Regulatory Trust Fund within the Department of Financial
   23  Services and used by the department for the investigation and
   24  prosecution of insurance fraud.
   25         (d) This subsection does not prohibit a state attorney from
   26  entering into a written agreement in which the person charged
   27  with the violation does not admit to or deny the charges but
   28  consents to payment of the civil penalty. As used in this
   29  section, the term “insurer” means any insurer, health
   30  maintenance organization, self-insurer, self-insurance fund, or
   31  other similar entity or person regulated under chapter 440 or
   32  chapter 641 or by the Office of Insurance Regulation under the
   33  Florida Insurance Code.
   34         (12) As used in this section, the term:
   35         (a) “Insurer” means any insurer, health maintenance
   36  organization, self-insurer, self-insurance fund, or similar
   37  entity or person regulated under chapter 440 or chapter 641 or
   38  by the Office of Insurance Regulation under the Florida
   39  Insurance Code.
   40         (b)(a) “Property” means property as defined in s. 812.012.
   41         (c)(b) “Value” has the same meaning means value as defined
   42  in s. 812.012.
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45         And the title is amended as follows:
   46         Delete line 55
   47  and insert:
   48         requirements under certain circumstances; amending s.
   49         817.234, F.S.; providing civil penalties for
   50         fraudulent insurance claims; providing