HB 0561CS

CHAMBER ACTION



1The Commerce Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to offenses involving insurance; amending
7s. 316.068, F.S.; specifying information to be included in
8a crash report; creating a rebuttable presumption relating
9to the absence of certain information in such reports;
10amending s. 322.21, F.S.; providing an additional fee for
11certain offenses relating to insurance crimes; providing
12for deposit of the fee into the Highway Safety Operating
13Trust Fund; amending s. 322.26, F.S.; providing an
14additional circumstance relating to insurance crimes for
15mandatory revocation of a person's driver's license;
16amending s. 400.9935, F.S.; prohibiting medical directors
17from referring specified patients to certain clinics for
18specified medical examinations and tests; providing a
19definition; providing criminal penalties; requiring health
20care clinics to display signs containing certain
21information relating to insurance fraud; authorizing
22compliance inspections by the Division of Insurance Fraud;
23requiring clinics to allow inspection access; amending s.
24440.105, F.S.; deleting the provision that a violation of
25a stop-work order is a misdemeanor of the first degree;
26making unlawful a failure to secure required workers'
27compensation insurance coverage; providing criminal
28penalties; amending s. 456.054, F.S.; revising the
29definition of the term "kickback" for criminal prosecution
30purposes; amending s. 624.15, F.S.; specifying violations
31of rules of the Department of Financial Services, Office
32of Insurance Regulation, or Financial Services Commission
33as misdemeanors; specifying a violation of emergency rules
34or orders as a felony of the third degree; providing
35penalties; providing for nonapplication to certain
36persons; amending s. 624.4094, F.S.; applying bail bond
37insurer reporting requirements to foreign and alien
38insurers; amending s. 626.112, F.S.; providing a criminal
39penalty for knowingly transacting insurance without a
40license; amending s. 626.938, F.S.; revising provisions
41requiring a report and taxation of independently procured
42coverages; specifying nonauthorization of independent
43procurement of workers' compensation, life, or health
44insurance; amending s. 626.9891, F.S.; expanding
45authorization to impose administrative fines on insurers
46for failure to comply with certain anti-fraud plan or
47anti-fraud investigative unit description requirements;
48specifying as not discoverable or admissible in certain
49proceedings certain information relating to certain
50insurer reporting requirements; creating s. 626.9893,
51F.S.; authorizing the division to deposit certain revenues
52into the Insurance Regulatory Trust Fund; specifying
53accounting and uses of such revenues; providing for
54appropriation and use of such revenues; amending s.
55627.06501, F.S.; specifying a minimum percentage reduction
56in certain insurance premium charges upon successful
57completion of certain driver improvement courses;
58requiring the Department of Highway Safety and Motor
59Vehicles to require certain persons to pass a specified
60written test given by a certain organization; amending s.
61627.736, F.S.; specifying certain damages and awards of
62attorney's fees in certain cases involving specified
63insurer unfair trade practices; requiring the Attorney
64General to investigate and initiate certain actions;
65providing specific authorizations for the Attorney
66General; requiring insurers to provide certain persons
67with notice of the department's Anti-Fraud Reward Program
68and the criminal violations that may be reported in
69pursuit of a reward; amending s. 627.7401, F.S.;
70specifying additional requirements for Financial Services
71Commission notification of an insured's rights; amending
72s. 817.234, F.S.; revising provisions specifying material
73omission and insurance fraud; prohibiting scheming to
74create documentation of a motor vehicle crash that did not
75occur; providing a criminal penalty; amending s. 817.2361,
76F.S.; providing that creating, marketing, or presenting
77fraudulent proof of motor vehicle insurance is a felony of
78the third degree; amending s. 817.50, F.S.; specifying
79nonapplication of provisions specifying evidence of intent
80to defraud to certain investigative actions taken by law
81enforcement officers; amending s. 817.505, F.S.; providing
82an additional patient brokering prohibition, to which
83penalties apply; revising a definition; amending s.
84843.08, F.S.; providing a criminal penalty for falsely
85assuming or pretending to be an officer of the Department
86of Financial Services; amending s. 932.7055, F.S.;
87requiring certain proceeds seized by the division under
88the Florida Contraband Forfeiture Act to be deposited into
89certain trust funds; providing severability; providing an
90effective date.
91
92Be It Enacted by the Legislature of the State of Florida:
93
94     Section 1.  Subsection (2) of section 316.068, Florida
95Statutes, is amended to read:
96     316.068  Crash report forms.--
97     (2)  Every crash report required to be made in writing must
98be made on the appropriate form approved by the department and
99must contain all the information required therein, including:
100     (a)  The date, time, and location of the crash;
101     (b)  A description of the vehicles involved;
102     (c)  The names and addresses of the parties involved;
103     (d)  The names and addresses of all drivers and passengers
104in the vehicles involved;
105     (e)  The names and addresses of witnesses;
106     (f)  The name, badge number, and law enforcement agency of
107the officer investigating the crash; and
108     (g)  The names of the insurance companies for the
109respective parties involved in the crash,
110
111unless not available. The absence of information in such written
112crash reports regarding the existence of passengers in the
113vehicles involved in the crash constitutes a rebuttable
114presumption that no such passengers were involved in the
115reported crash. Notwithstanding any other provisions of this
116section, a crash report produced electronically by a law
117enforcement officer must, at a minimum, contain the same
118information as is called for on those forms approved by the
119department.
120     Section 2.  Subsection (8) of section 322.21, Florida
121Statutes, is amended to read:
122     322.21  License fees; procedure for handling and collecting
123fees.--
124     (8)  Any person who applies for reinstatement following the
125suspension or revocation of the person's driver's license shall
126pay a service fee of $35 following a suspension, and $60
127following a revocation, which is in addition to the fee for a
128license. Any person who applies for reinstatement of a
129commercial driver's license following the disqualification of
130the person's privilege to operate a commercial motor vehicle
131shall pay a service fee of $60, which is in addition to the fee
132for a license. The department shall collect all of these fees at
133the time of reinstatement. The department shall issue proper
134receipts for such fees and shall promptly transmit all funds
135received by it as follows:
136     (a)  Of the $35 fee received from a licensee for
137reinstatement following a suspension, the department shall
138deposit $15 in the General Revenue Fund and $20 in the Highway
139Safety Operating Trust Fund.
140     (b)  Of the $60 fee received from a licensee for
141reinstatement following a revocation or disqualification, the
142department shall deposit $35 in the General Revenue Fund and $25
143in the Highway Safety Operating Trust Fund.
144
145If the revocation or suspension of the driver's license was for
146a violation of s. 316.193, or for refusal to submit to a lawful
147breath, blood, or urine test, an additional fee of $115 must be
148charged. However, only one $115 fee may be collected from one
149person convicted of violations arising out of the same incident.
150The department shall collect the $115 fee and deposit the fee
151into the Highway Safety Operating Trust Fund at the time of
152reinstatement of the person's driver's license, but the fee may
153not be collected if the suspension or revocation is overturned.
154If the revocation or suspension of the driver's license was for
155a conviction for a violation of s. 817.234(8) or (9) or s.
156817.505, an additional fee of $180 is imposed for each offense.
157The department shall collect and deposit the additional fee into
158the Highway Safety Operating Trust Fund at the time of
159reinstatement of the person's driver's license.
160     Section 3.  Subsection (9) is added to section 322.26,
161Florida Statutes, to read:
162     322.26  Mandatory revocation of license by department.--The
163department shall forthwith revoke the license or driving
164privilege of any person upon receiving a record of such person's
165conviction of any of the following offenses:
166     (9)  Conviction in any court having jurisdiction over
167offenses committed under s. 817.234(8) or (9) or s. 817.505.
168     Section 4.  Paragraph (h) is added to subsection (1) of
169section 400.9935, Florida Statutes, and subsection (13) is added
170to that section, to read:
171     400.9935  Clinic responsibilities.--
172     (1)  Each clinic shall appoint a medical director or clinic
173director who shall agree in writing to accept legal
174responsibility for the following activities on behalf of the
175clinic. The medical director or the clinic director shall:
176     (h)  Not refer a patient to the clinic if the clinic
177performs magnetic resonance imaging, static radiographs,
178computed tomography, or positron emission tomography. The term
179"refer a patient" means the referral of one or more patients of
180the medical or clinical director or a member of the medical or
181clinical director's group practice to the clinic for magnetic
182resonance imaging, static radiographs, computed tomography, or
183positron emission tomography. A medical director who is found to
184violate this paragraph commits a felony of the third degree,
185punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
186     (13)  The clinic shall display a sign in a conspicuous
187location within the clinic readily visible to all patients
188indicating that, pursuant to s. 626.9892, the Department of
189Financial Services may pay rewards of up to $25,000 to persons
190providing information leading to the arrest and conviction of
191persons committing crimes investigated by the Division of
192Insurance Fraud arising from violations of s. 440.105, s.
193624.15, s. 626.9541, s. 626.989, or s. 817.234. An authorized
194employee of the Division of Insurance Fraud may make unannounced
195inspections of a clinic licensed under this part as necessary to
196determine whether the clinic is in compliance with this
197subsection. A licensed clinic shall allow full and complete
198access to the premises to such authorized employee of the
199division who makes an inspection to determine compliance with
200this subsection.
201     Section 5.  Paragraph (a) of subsection (2) and paragraph
202(a) of subsection (4) of section 440.105, Florida Statutes, are
203amended to read:
204     440.105  Prohibited activities; reports; penalties;
205limitations.--
206     (2)  Whoever violates any provision of this subsection
207commits a misdemeanor of the first degree, punishable as
208provided in s. 775.082 or s. 775.083.
209     (a)  It shall be unlawful for any employer to knowingly:
210     1.  Coerce or attempt to coerce, as a precondition to
211employment or otherwise, an employee to obtain a certificate of
212election of exemption pursuant to s. 440.05.
213     2.  Discharge or refuse to hire an employee or job
214applicant because the employee or applicant has filed a claim
215for benefits under this chapter.
216     3.  Discharge, discipline, or take any other adverse
217personnel action against any employee for disclosing information
218to the department or any law enforcement agency relating to any
219violation or suspected violation of any of the provisions of
220this chapter or rules promulgated hereunder.
221     4.  Violate a stop-work order issued by the department
222pursuant to s. 440.107.
223     (4)  Whoever violates any provision of this subsection
224commits insurance fraud, punishable as provided in paragraph
225(f).
226     (a)  It shall be unlawful for any employer to knowingly:
227     1.  Present or cause to be presented any false, fraudulent,
228or misleading oral or written statement to any person as
229evidence of compliance with s. 440.38.
230     2.  Make a deduction from the pay of any employee entitled
231to the benefits of this chapter for the purpose of requiring the
232employee to pay any portion of premium paid by the employer to a
233carrier or to contribute to a benefit fund or department
234maintained by such employer for the purpose of providing
235compensation or medical services and supplies as required by
236this chapter.
237     3.  Fail to secure workers' payment of compensation
238insurance coverage if required to do so by this chapter.
239     Section 6.  Subsection (1) of section 456.054, Florida
240Statutes, is amended to read:
241     456.054  Kickbacks prohibited.--
242     (1)  As used in this section, the term "kickback" means a
243remuneration or payment back pursuant to an investment interest,
244compensation arrangement, or otherwise, by or on behalf of a
245provider of health care services or items, of a portion of the
246charges for services rendered to any person a referring health
247care provider as an incentive or inducement to refer patients
248for past or future services or items, when the payment is not
249tax deductible as an ordinary and necessary expense.
250     Section 7.  Section 624.15, Florida Statutes, is amended to
251read:
252     624.15  General penalty.--
253     (1)  Each willful violation of this code or rule of the
254department, office, or commission as to which a greater penalty
255is not provided by another provision of this code or rule of the
256department, office, or commission or by other applicable laws of
257this state is a misdemeanor of the second degree and is, in
258addition to any prescribed applicable denial, suspension, or
259revocation of certificate of authority, license, or permit,
260punishable as provided in s. 775.082 or s. 775.083. Each
261instance of such violation shall be considered a separate
262offense.
263     (2)  Each willful violation of an emergency rule or order
264of the department, office, or commission by a person who is not
265licensed, authorized, or eligible to engage in business in
266accordance with the Florida Insurance Code is a felony of the
267third degree, punishable as provided in s. 775.082, s. 775.083,
268or s. 775.084. Each instance of such violation is a separate
269offense. This subsection does not apply to licensees or
270affiliated parties of licensees.
271     Section 8.  Section 624.4094, Florida Statutes, is amended
272to read:
273     624.4094  Bail bond premiums.--
274     (1)  The Legislature finds that a significant portion of
275bail bond premiums is retained by the licensed bail bond agents
276or licensed managing general agents. For purposes of reporting
277in financial statements required to be filed with the office
278pursuant to s. 624.424, direct written premiums for bail bonds
279by a domestic, foreign, or alien insurer in this state shall be
280reported net of any amounts retained by licensed bail bond
281agents or licensed managing general agents. However, in no case
282shall the direct written premiums for bail bonds be less than
2836.5 percent of the total consideration received by the agent for
284all bail bonds written by the agent. This subsection also
285applies to any determination of compliance with s. 624.4095.
286     (2)  Premiums assumed by a domestic, foreign, or alien
287insurer shall be reported consistent with subsections (1) and
288(4) for purposes of filing financial statements with the office.
289     (3)  Each domestic, foreign, or alien bail bond insurer
290shall keep complete and accurate records of the total
291consideration paid for all bail bonds written by such insurer.
292     (4)  Each domestic, foreign, or alien bail bond insurer
293shall disclose the following information in the notes to the
294financial statement in the insurer's annual statement filed with
295the office.
296     (a)  The gross bail bond premiums written in each state by
297agents for the company.
298     (b)  The amount of premium taxes incurred by the company in
299each state.
300     (c)  Total consideration withheld by agents and not
301reported as an expense by the insurer in financial statements
302filed with the office.
303     (d)  The amount of bail bond premium included on the surety
304line of the annual statement filed with the office.
305     (5)  This section does not affect the reporting or payment
306of insurance premium taxes under ss. 624.509, 624.5091, and
307624.5092, and the insurance premium tax and related excise taxes
308shall continue to be calculated using gross bail bond premiums.
309     Section 9.  Subsection (9) is added to section 626.112,
310Florida Statutes, to read:
311     626.112  License and appointment required; agents, customer
312representatives, adjusters, insurance agencies, service
313representatives, managing general agents.--
314     (9)  Any person who knowingly transacts insurance or
315otherwise engages in insurance activities in this state without
316a license in violation of this section commits a felony of the
317third degree, punishable as provided in s. 775.082, s. 775.083,
318or s. 775.084.
319     Section 10.  Subsections (1), (2), and (9) of section
320626.938, Florida Statutes, are amended to read:
321     626.938  Report and tax of independently procured
322coverages.--
323     (1)  Every insured who in this state procures or causes to
324be procured or continues or renews insurance from another state
325or country with an unauthorized foreign or alien insurer
326legitimately licensed in that jurisdiction, or any self-insurer
327who in this state so procures or continues excess loss,
328catastrophe, or other insurance, upon a subject of insurance
329resident, located, or to be performed within this state, other
330than insurance procured through a surplus lines agent pursuant
331to the Surplus Lines Law of this state or exempted from tax
332under s. 626.932(4), shall, within 30 days after the date such
333insurance was so procured, continued, or renewed, file a report
334of the same with the Florida Surplus Lines Service Office in
335writing and upon forms designated by the Florida Surplus Lines
336Service Office and furnished to such an insured upon request, or
337in a computer readable format as determined by the Florida
338Surplus Lines Service Office. The report shall show the name and
339address of the insured or insureds, the name and address of the
340insurer, the subject of the insurance, a general description of
341the coverage, the amount of premium currently charged therefor,
342and such additional pertinent information as is reasonably
343requested by the Florida Surplus Lines Service Office.
344     (2)  Any insurance on a risk located in this state in an
345unauthorized insurer legitimately licensed in another state or
346country procured through solicitations, negotiations, or an
347application, in whole or in part occurring or made outside
348within or from within this state, or for which premiums in whole
349or in part are remitted directly or indirectly from within this
350state, shall be deemed to be insurance procured, continued, or
351renewed in this state within the intent of subsection (1).
352     (9)  This section does not authorize independent
353procurement of workers' compensation insurance, apply as to life
354insurance, or health insurance.
355     Section 11.  Subsection (7) of section 626.9891, Florida
356Statutes, is amended, subsection (8) of that section is
357renumbered as subsection (9), and new subsection (8) is added to
358that section, to read:
359     626.9891  Insurer anti-fraud investigative units; reporting
360requirements; penalties for noncompliance.--
361     (7)  If an insurer fails to timely submit a final
362acceptable anti-fraud plan or anti-fraud investigative unit
363description otherwise fails to submit a plan, fails to implement
364the provisions of a plan or an anti-fraud investigative unit
365description, or otherwise refuses to comply with the provisions
366of this section, the department, office, or commission may:
367     (a)  Impose an administrative fine of not more than $2,000
368per day for such failure by an insurer to submit an acceptable
369anti-fraud plan or anti-fraud investigative unit description,
370until the department, office, or commission deems the insurer to
371be in compliance;
372     (b)  Impose an administrative fine for failure by an upon
373the insurer to implement or follow the provisions of an anti-
374fraud plan or anti-fraud investigative unit description a fraud
375detection and prevention plan that is deemed to be appropriate
376by the department and that must be implemented by the insurer;
377or
378     (c)  Impose the provisions of both paragraphs (a) and (b).
379     (8)(a)  Information furnished by an insurance company or
380entity required to furnish information pursuant to this section
381is not discoverable or admissible in any civil proceeding, other
382than administrative proceedings as provided by law, against the
383reporting insurance company or entity.
384     (b)  In addition to paragraph (a), any findings,
385statements, discussions, reports, or documentation generated by
386the department or the office relating to the reporting
387requirements of this section are not discoverable or admissible
388in any civil proceeding, other than administrative proceedings
389as provided by law, against the insurance company or entity so
390required to furnish this information.
391     Section 12.  Section 626.9893, Florida Statutes, is created
392to read:
393     626.9893  Disposition of revenues; criminal or forfeiture
394proceedings.--
395     (1)  The Division of Insurance Fraud of the Department of
396Financial Services may deposit revenues received as a result of
397criminal proceedings or forfeiture proceedings, other than
398revenues deposited into the Department of Financial Services'
399Federal Equitable Sharing Trust Fund under s. 17.43, into the
400Insurance Regulatory Trust Fund. Moneys deposited pursuant to
401this section shall be separately accounted for and shall be used
402solely for the division to carry out its duties and
403responsibilities.
404     (2)  Moneys deposited into the Insurance Regulatory Trust
405Fund pursuant to this section shall be appropriated by the
406Legislature, pursuant to the provisions of chapter 216, for the
407sole purpose of enabling the division to carry out its duties
408and responsibilities.
409     (3)  Notwithstanding the provisions of s. 216.301 and
410pursuant to s. 216.351, any balance of moneys deposited into the
411Insurance Regulatory Trust Fund pursuant to this section
412remaining at the end of any fiscal year shall remain in the
413trust fund at the end of that year and shall be available for
414carrying out the duties and responsibilities of the division.
415     Section 13.  Subsections (1) and (3) of section 627.06501,
416Florida Statutes, are amended to read:
417     627.06501  Insurance discounts for certain persons
418completing driver improvement course.--
419     (1)  Any rate, rating schedule, or rating manual for the
420liability, personal injury protection, and collision coverages
421of a motor vehicle insurance policy filed with the office may
422provide for a minimum 10-percent an appropriate reduction in
423premium charges as to such coverages when the principal operator
424on the covered vehicle has successfully completed a driver
425improvement course approved and certified by the Department of
426Highway Safety and Motor Vehicles which is effective in reducing
427crash or violation rates, or both, as determined pursuant to s.
428318.1451(5). Any discount, not to exceed 10 percent, used by an
429insurer is presumed to be appropriate unless credible data
430demonstrates otherwise.
431     (3)  The organization offering the course shall, upon a
432person's successful completion of the course, issue the person a
433certificate that the person may use to qualify for the premium
434discount authorized by this section. The Department of Highway
435Safety and Motor Vehicles shall require each person completing
436the course for purposes of this section to pass a written test
437given by the organization evaluating the person's knowledge of
438the content of the course.
439     Section 14.  Paragraph (f) of subsection (11) of section
440627.736, Florida Statutes, is amended, and subsection (14) is
441added to that section, to read:
442     627.736  Required personal injury protection benefits;
443exclusions; priority; claims.--
444     (11)  DEMAND LETTER.--
445     (f)  Any insurer making a general business practice of not
446paying valid claims until receipt of the notice required by this
447subsection is engaging in an unfair trade practice under the
448insurance code and is liable for damages in the amount of three
449times the amount of benefits due or recovered resulting from
450failing to pay the claims until receiving the demand letter
451notices under this subsection. Any attorney who successfully
452prosecutes an action based upon an insurer's general business
453practice of not paying valid claims until receipt of the notice
454required by this subsection may be awarded a lodestar multiplier
455at the time that the court awards attorney's fees. The Attorney
456General shall investigate and initiate actions for any violation
457of this paragraph. In carrying out the duties and
458responsibilities under this paragraph, the Attorney General may:
459     1.  Administer oaths and affirmations.
460     2.  Subpoena witnesses or materials.
461     3.  Collect evidence for possible use in civil or criminal
462judicial proceedings.
463     4.  Request and receive the assistance of any state
464attorney or law enforcement agency in the investigation and
465prosecution of any violation of this paragraph.
466     5.  Seek any civil remedy provided by law.
467     (14)  FRAUD ADVISORY NOTICE.--Upon receiving notice of a
468claim under this section, an insurer shall provide a notice to
469the insured or to a person for whom a claim for reimbursement
470for diagnosis or treatment of injuries has been filed, advising
471that:
472     (a)  Pursuant to s. 626.9892, the Department of Financial
473Services may pay rewards of up to $25,000 to persons providing
474information leading to the arrest and conviction of persons
475committing crimes investigated by the Division of Insurance
476Fraud arising from violations of s. 440.105, s. 624.15, s.
477626.9541, s. 626.989, or s. 817.234.
478     (b)  Solicitation of a person injured in a motor vehicle
479crash for purposes of filing personal injury protection or tort
480claims could be a violation of s. 817.234, s. 817.505, or the
481rules regulating The Florida Bar and should be immediately
482reported to the Division of Insurance Fraud if such conduct has
483taken place.
484     Section 15.  Subsection (1) of section 627.7401, Florida
485Statutes, is amended to read:
486     627.7401  Notification of insured's rights.--
487     (1)  The commission, by rule, shall adopt a form for the
488notification of insureds of their right to receive personal
489injury protection benefits under the Florida Motor Vehicle No-
490Fault Law. Such notice shall include:
491     (a)  A description of the benefits provided by personal
492injury protection, including, but not limited to, the specific
493types of services for which medical benefits are paid,
494disability benefits, death benefits, significant exclusions from
495and limitations on personal injury protection benefits, when
496payments are due, how benefits are coordinated with other
497insurance benefits that the insured may have, penalties and
498interest that may be imposed on insurers for failure to make
499timely payments of benefits, and rights of parties regarding
500disputes as to benefits.
501     (b)  An advisory informing insureds that:
502     1.  Pursuant to s. 626.9892, the Department of Financial
503Services may pay rewards of up to $25,000 to persons providing
504information leading to the arrest and conviction of persons
505committing crimes investigated by the Division of Insurance
506Fraud arising from violations of s. 440.105, s. 624.15, s.
507626.9541, s. 626.989, or s. 817.234.
508     2.  Pursuant to s. 627.736(5)(e)1., if the insured notifies
509the insurer of a billing error, the insured may be entitled to a
510certain percentage of a reduction in the amount paid by the
511insured's motor vehicle insurer.
512     (c)  A notice that solicitation of a person injured in a
513motor vehicle crash for purposes of filing personal injury
514protection or tort claims could be a violation of s. 817.234, s
515817.505, or the rules regulating The Florida Bar and should be
516immediately reported to the Division of Insurance Fraud if such
517conduct has taken place.
518     Section 16.  Paragraph (a) of subsection (7) and subsection
519(9) of section 817.234, Florida Statutes, are amended to read:
520     817.234  False and fraudulent insurance claims.--
521     (7)(a)  It shall constitute a material omission and
522insurance fraud, punishable as provided in subsection (11), for
523any service physician or other provider, other than a hospital,
524to engage in a general business practice of billing amounts as
525its usual and customary charge, if such provider has agreed with
526the insured patient or intends to waive deductibles or
527copayments, or does not for any other reason intend to collect
528the total amount of such charge. With respect to a determination
529as to whether a service physician or other provider has engaged
530in such general business practice, consideration shall be given
531to evidence of whether the physician or other provider made a
532good faith attempt to collect such deductible or copayment. This
533paragraph does not apply to physicians or other providers who
534waive deductibles or copayments or reduce their bills as part of
535a bodily injury settlement or verdict.
536     (9)  A person may not organize, plan, or knowingly
537participate in an intentional motor vehicle crash or a scheme to
538create documentation of a motor vehicle crash that did not occur
539for the purpose of making motor vehicle tort claims or claims
540for personal injury protection benefits as required by s.
541627.736. Any person who violates this subsection commits a
542felony of the second degree, punishable as provided in s.
543775.082, s. 775.083, or s. 775.084. A person who is convicted of
544a violation of this subsection shall be sentenced to a minimum
545term of imprisonment of 2 years.
546     Section 17.  Section 817.2361, Florida Statutes, is amended
547to read:
548     817.2361  False or fraudulent proof of motor vehicle
549insurance card.--Any person who, with intent to deceive any
550other person, creates, markets, or presents a false or
551fraudulent proof of motor vehicle insurance card commits a
552felony of the third degree, punishable as provided in s.
553775.082, s. 775.083, or s. 775.084.
554     Section 18.  Subsection (2) of section 817.50, Florida
555Statutes, is amended to read:
556     817.50  Fraudulently obtaining goods, services, etc., from
557a health care provider.--
558     (2)  If any person gives to any health care provider in
559this state a false or fictitious name or a false or fictitious
560address or assigns to any health care provider the proceeds of
561any health maintenance contract or insurance contract, then
562knowing that such contract is no longer in force, is invalid, or
563is void for any reason, such action shall be prima facie
564evidence of the intent of such person to defraud the health care
565provider. However, this subsection does not apply to
566investigative actions taken by law enforcement officers for law
567enforcement purposes in the course of their official duties.
568     Section 19.  Subsection (1) and paragraph (a) of subsection
569(2) of section 817.505, Florida Statutes, are amended to read:
570     817.505  Patient brokering prohibited; exceptions;
571penalties.--
572     (1)  It is unlawful for any person, including any health
573care provider or health care facility, to:
574     (a)  Offer or pay any commission, bonus, rebate, kickback,
575or bribe, directly or indirectly, in cash or in kind, or engage
576in any split-fee arrangement, in any form whatsoever, to induce
577the referral of patients or patronage to or from a health care
578provider or health care facility;
579     (b)  Solicit or receive any commission, bonus, rebate,
580kickback, or bribe, directly or indirectly, in cash or in kind,
581or engage in any split-fee arrangement, in any form whatsoever,
582in return for referring patients or patronage to or from a
583health care provider or health care facility; or
584     (c)  Solicit or receive any commission, bonus, rebate,
585kickback, or bribe, directly or indirectly, in cash or in kind,
586or engage in any split-fee arrangement, in any form whatsoever,
587in return for the acceptance or acknowledgement of treatment
588from a health care provider or health care facility; or
589     (d)(c)  Aid, abet, advise, or otherwise participate in the
590conduct prohibited under paragraph (a), or paragraph (b), or
591paragraph (c).
592     (2)  For the purposes of this section, the term:
593     (a)  "Health care provider or health care facility" means
594any person or entity licensed, certified, or registered;
595required to be licensed, certified, or registered; or lawfully
596exempt from being required to be licensed, certified, or
597registered with the Agency for Health Care Administration or the
598Department of Health; any person or entity that has contracted
599with the Agency for Health Care Administration to provide goods
600or services to Medicaid recipients as provided under s. 409.907;
601a county health department established under part I of chapter
602154; any community service provider contracting with the
603Department of Children and Family Services to furnish alcohol,
604drug abuse, or mental health services under part IV of chapter
605394; any substance abuse service provider licensed under chapter
606397; or any federally supported primary care program such as a
607migrant or community health center authorized under ss. 329 and
608330 of the United States Public Health Services Act.
609     Section 20.  Section 843.08, Florida Statutes, is amended
610to read:
611     843.08  Falsely personating officer, etc.--A person who
612falsely assumes or pretends to be a sheriff, officer of the
613Florida Highway Patrol, officer of the Fish and Wildlife
614Conservation Commission, officer of the Department of
615Environmental Protection, officer of the Department of
616Transportation, officer of the Department of Financial Services,
617officer of the Department of Corrections, correctional probation
618officer, deputy sheriff, state attorney or assistant state
619attorney, statewide prosecutor or assistant statewide
620prosecutor, state attorney investigator, coroner, police
621officer, lottery special agent or lottery investigator, beverage
622enforcement agent, or watchman, or any member of the Parole
623Commission and any administrative aide or supervisor employed by
624the commission, or any personnel or representative of the
625Department of Law Enforcement, and takes upon himself or herself
626to act as such, or to require any other person to aid or assist
627him or her in a matter pertaining to the duty of any such
628officer, commits a felony of the third degree, punishable as
629provided in s. 775.082, s. 775.083, or s. 775.084; however, a
630person who falsely personates any such officer during the course
631of the commission of a felony commits a felony of the second
632degree, punishable as provided in s. 775.082, s. 775.083, or s.
633775.084; except that if the commission of the felony results in
634the death or personal injury of another human being, the person
635commits a felony of the first degree, punishable as provided in
636s. 775.082, s. 775.083, or s. 775.084.
637     Section 21.  Paragraph (n) is added to subsection (6) of
638section 932.7055, Florida Statutes, to read:
639     932.7055  Disposition of liens and forfeited property.--
640     (6)  If the seizing agency is a state agency, all remaining
641proceeds shall be deposited into the General Revenue Fund.
642However, if the seizing agency is:
643     (n)  The Division of Insurance Fraud of the Department of
644Financial Services, the proceeds accrued pursuant to the
645provisions of the Florida Contraband Forfeiture Act shall be
646deposited into the Insurance Regulatory Trust Fund as provided
647in s. 626.9893 or into the Department of Financial Services'
648Federal Equitable Sharing Trust Fund as provided in s. 17.43, as
649applicable.
650     Section 22.  If any provision of this act or the
651application thereof to any person or circumstance is held
652invalid, the invalidity does not affect other provisions or
653applications of the act which can be given effect without the
654invalid provision or application, and, to this end, the
655provisions of this act are declared severable.
656     Section 23.  This act shall take effect July 1, 2006.


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