Florida Senate - 2015 CS for SB 1306
By the Committee on Banking and Insurance; and Senator Bradley
597-03196-15 20151306c1
1 A bill to be entitled
2 An act relating to insurance fraud; repealing s.
3 400.993, F.S., relating to criminal penalties
4 applicable to unlicensed health care clinics and the
5 reporting of unlicensed health care clinics; amending
6 s. 400.9935, F.S.; revising provisions related to
7 unlawful, noncompensable, and unenforceable health
8 care clinic charges or reimbursement claims; revising
9 and providing criminal penalties for making unlawful
10 charges, operating or failing to report an unlicensed
11 clinic, filing false or misleading information related
12 to a clinic license application, and other violations;
13 defining the term “convicted”; amending s. 626.9894,
14 F.S.; conforming provisions to changes made by the
15 act; repealing s. 626.9895, F.S., relating to the
16 establishment of a motor vehicle insurance fraud
17 direct-support organization; amending s. 921.0022,
18 F.S.; conforming provisions of the offense severity
19 ranking chart of the Criminal Punishment Code to
20 changes made by the act; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 400.993, Florida Statutes, is repealed.
25 Section 2. Subsections (3) and (4) of section 400.9935,
26 Florida Statutes, are amended to read:
27 400.9935 Clinic responsibilities.—
28 (3) A charge All charges or reimbursement claim claims made
29 by or on behalf of a clinic that is required to be licensed
30 under this part, but that is not so licensed, or that is
31 otherwise operating in violation of this part or rules of the
32 agency, regardless of whether a service is rendered or whether
33 the charge or reimbursement claim is paid, is an, are unlawful
34 charge charges, and is therefore are noncompensable and
35 unenforceable. A person who knowingly makes or causes to be made
36 an unlawful charge commits theft within the meaning of, and
37 punishable as provided in, s. 812.014.
38 (4)(a) Regardless of whether notification is provided by
39 the agency under In addition to the requirements of s. 408.812,
40 a any person commits a felony of the third degree, punishable as
41 provided in s. 775.082, s. 775.083, or s. 775.084, if the person
42 knowingly:
43 1. Establishes, owns, operates, manages, or maintains
44 establishing, operating, or managing an unlicensed clinic
45 otherwise required to be licensed under this part or part II of
46 chapter 408;, or
47 2. Offers or advertises services that require licensure as
48 a clinic under this part or part II of chapter 408 without a
49 license.
50 (b) If the agency provides notification under s. 408.812
51 of, or if a person is arrested for, a violation of subparagraph
52 (a)1. or subparagraph (a)2., each day during which a violation
53 of subparagraph (a)1. or subparagraph (a)2. occurs constitutes a
54 separate offense.
55 (c) A person convicted of a second or subsequent violation
56 of subparagraph (a)1. or subparagraph (a)2. commits a felony of
57 the second degree, punishable as provided in s. 775.082, s.
58 775.083, or s. 775.084. If the agency provides notification of,
59 or if a person is arrested for, a violation of this paragraph,
60 each day that this paragraph is violated thereafter constitutes
61 a separate offense. For purposes of this paragraph, the term
62 “convicted” means a determination of guilt which is the result
63 of a trial or the entry of a plea of guilty or nolo contendere,
64 regardless of whether adjudication is withheld.
65 (d) In addition to the requirements of part II of chapter
66 408, a health care provider who is aware of the operation of an
67 unlicensed clinic shall report the clinic to the agency. The
68 agency shall report to the provider’s licensing board a failure
69 to report a clinic that the provider knows or has reasonable
70 cause to suspect is unlicensed.
71 (e) A person commits a felony of the third degree,
72 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
73 if the any person who knowingly:
74 1. Files a false or misleading license application or
75 license renewal application, or files false or misleading
76 information related to such application or agency department
77 rule; or
78 2. Fails to report information to the agency as required by
79 s. 408.810(3), commits a felony of the third degree, punishable
80 as provided in s. 775.082, s. 775.083, or s. 775.084.
81 Section 3. Subsection (5) of section 626.9894, Florida
82 Statutes, is amended to read:
83 626.9894 Gifts and grants.—
84 (5) Notwithstanding s. 216.301 and pursuant to s. 216.351,
85 any balance of moneys deposited into the Insurance Regulatory
86 Trust Fund pursuant to this section or s. 626.9895 remaining at
87 the end of any fiscal year is available for carrying out the
88 duties and responsibilities of the division. The department may
89 request annual appropriations from the grants and donations
90 received pursuant to this section or s. 626.9895 and cash
91 balances in the Insurance Regulatory Trust Fund for the purpose
92 of carrying out its duties and responsibilities related to the
93 division’s anti-fraud efforts, including the funding of
94 dedicated prosecutors and related personnel.
95 Section 4. Section 626.9895, Florida Statutes, is repealed.
96 Section 5. Paragraphs (c) and (f) of subsection (3) of
97 section 921.0022, Florida Statutes, are amended to read:
98 921.0022 Criminal Punishment Code; offense severity ranking
99 chart.—
100 (3) OFFENSE SEVERITY RANKING CHART
101 (c) LEVEL 3
102
103
104 FloridaStatute FelonyDegree Description
105 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
106 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
107 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
108 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
109 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
110 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
111 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
112 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
113 327.35(2)(b) 3rd Felony BUI.
114 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
115 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
116 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
117 379.2431 (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.
118 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
119 400.9935(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.
120 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
121 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
122 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
123 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
124 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
125 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
126 697.08 3rd Equity skimming.
127 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
128 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
129 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
130 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
131 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
132 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
133 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
134 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
135 817.233 3rd Burning to defraud insurer.
136 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
137 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
138 817.236 3rd Filing a false motor vehicle insurance application.
139 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
140 817.413(2) 3rd Sale of used goods as new.
141 817.505(4) 3rd Patient brokering.
142 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
143 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
144 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
145 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
146 843.19 3rd Injure, disable, or kill police dog or horse.
147 860.15(3) 3rd Overcharging for repairs and parts.
148 870.01(2) 3rd Riot; inciting or encouraging.
149 893.13(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).
150 893.13(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.
151 893.13(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.
152 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
153 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
154 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
155 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
156 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
157 893.13(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.
158 893.13(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.
159 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
160 893.13(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.
161 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
162 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
163 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
164 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
165 (f) LEVEL 6
166
167
168 FloridaStatute FelonyDegree Description
169 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
170 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
171 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
172 499.0051(3) 2nd Knowing forgery of pedigree papers.
173 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
174 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
175 775.0875(1) 3rd Taking firearm from law enforcement officer.
176 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
177 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
178 784.041 3rd Felony battery; domestic battery by strangulation.
179 784.048(3) 3rd Aggravated stalking; credible threat.
180 784.048(5) 3rd Aggravated stalking of person under 16.
181 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
182 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
183 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
184 784.081(2) 2nd Aggravated assault on specified official or employee.
185 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
186 784.083(2) 2nd Aggravated assault on code inspector.
187 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
188 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
189 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
190 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
191 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
192 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
193 794.05(1) 2nd Unlawful sexual activity with specified minor.
194 800.04(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.
195 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
196 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
197 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
198 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
199 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
200 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
201 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
202 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
203 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
204 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
205 825.102(1) 3rd Abuse of an elderly person or disabled adult.
206 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
207 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
208 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
209 827.03(2)(c) 3rd Abuse of a child.
210 827.03(2)(d) 3rd Neglect of a child.
211 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
212 836.05 2nd Threats; extortion.
213 836.10 2nd Written threats to kill or do bodily injury.
214 843.12 3rd Aids or assists person to escape.
215 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
216 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
217 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
218 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
219 944.35(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.
220 944.40 2nd Escapes.
221 944.46 3rd Harboring, concealing, aiding escaped prisoners.
222 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
223 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
224 Section 6. This act shall take effect July 1, 2015.