| 1 | A bill to be entitled | 
| 2 | An act relating to offenses involving insurance; amending  | 
| 3 | s. 316.068, F.S.; specifying information to be included in  | 
| 4 | a crash report; creating a rebuttable presumption relating  | 
| 5 | to the absence of certain information in such reports;  | 
| 6 | amending s. 322.21, F.S.; providing an additional fee for  | 
| 7 | certain offenses relating to insurance crimes; providing  | 
| 8 | for deposit of the fee into the Highway Safety Operating  | 
| 9 | Trust Fund; amending s. 322.26, F.S.; providing an  | 
| 10 | additional circumstance relating to insurance crimes for  | 
| 11 | mandatory revocation of a person's driver's license;  | 
| 12 | amending s. 400.9935, F.S.; prohibiting medical directors  | 
| 13 | from referring specified patients to certain clinics for  | 
| 14 | specified medical examinations and tests; providing a  | 
| 15 | definition; providing criminal penalties; requiring health  | 
| 16 | care clinics to display signs containing certain  | 
| 17 | information relating to insurance fraud; authorizing  | 
| 18 | compliance inspections by the Division of Insurance Fraud;  | 
| 19 | requiring clinics to allow inspection access; amending s.  | 
| 20 | 440.105, F.S.; deleting the provision that a violation of  | 
| 21 | a stop-work order is a misdemeanor of the first degree;  | 
| 22 | making unlawful a failure to secure required workers'  | 
| 23 | compensation insurance coverage; providing criminal  | 
| 24 | penalties; amending s. 456.054, F.S.; revising the  | 
| 25 | definition of the term "kickback" for criminal prosecution  | 
| 26 | purposes; amending s. 624.15, F.S.; specifying violations  | 
| 27 | of rules of the Department of Financial Services, Office  | 
| 28 | of Insurance Regulation, or Financial Services Commission  | 
| 29 | as misdemeanors; specifying a violation of emergency rules  | 
| 30 | or orders as a felony of the third degree; providing  | 
| 31 | penalties; providing for nonapplication to certain  | 
| 32 | persons; amending s. 626.112, F.S.; providing a criminal  | 
| 33 | penalty for knowingly transacting insurance without a  | 
| 34 | license; amending s. 626.938, F.S.; revising provisions  | 
| 35 | requiring a report and taxation of independently procured  | 
| 36 | coverages; specifying nonauthorization of independent  | 
| 37 | procurement of workers' compensation, life, or health  | 
| 38 | insurance; amending s. 626.9891, F.S.; expanding  | 
| 39 | authorization to impose administrative fines on insurers  | 
| 40 | for failure to comply with certain anti-fraud plan or  | 
| 41 | anti-fraud investigative unit description requirements;  | 
| 42 | creating s. 626.9893, F.S.; authorizing the division to  | 
| 43 | deposit certain revenues into the Insurance Regulatory  | 
| 44 | Trust Fund; specifying accounting and uses of such  | 
| 45 | revenues; providing for appropriation and use of such  | 
| 46 | revenues; amending s. 627.4133, F.S.; providing a  | 
| 47 | limitation on retroactive assumption of certain coverages  | 
| 48 | and liabilities; amending s. 627.736, F.S.; requiring  | 
| 49 | insurers to provide certain persons with notice of the  | 
| 50 | department's Anti-Fraud Reward Program and the criminal  | 
| 51 | violations that may be reported in pursuit of a reward;  | 
| 52 | amending s. 627.7401, F.S.; specifying additional  | 
| 53 | requirements for Financial Services Commission  | 
| 54 | notification of an insured's rights; amending s. 627.912,  | 
| 55 | F.S.; authorizing the office to impose fines; authorizing  | 
| 56 | the office to adjust such fines under certain  | 
| 57 | circumstances; amending s. 817.234, F.S.; revising  | 
| 58 | provisions specifying material omission and insurance  | 
| 59 | fraud; prohibiting scheming to create documentation of a  | 
| 60 | motor vehicle crash that did not occur; providing a  | 
| 61 | criminal penalty; amending s. 817.2361, F.S.; providing  | 
| 62 | that creating, marketing, or presenting fraudulent proof  | 
| 63 | of motor vehicle insurance is a felony of the third  | 
| 64 | degree; amending s. 817.50, F.S.; specifying  | 
| 65 | nonapplication of provisions specifying evidence of intent  | 
| 66 | to defraud to certain investigative actions taken by law  | 
| 67 | enforcement officers; amending s. 817.505, F.S.; providing  | 
| 68 | an additional patient brokering prohibition, to which  | 
| 69 | penalties apply; revising a definition; amending s.  | 
| 70 | 843.08, F.S.; providing a criminal penalty for falsely  | 
| 71 | assuming or pretending to be an officer of the Department  | 
| 72 | of Financial Services; amending s. 932.7055, F.S.;  | 
| 73 | requiring certain proceeds seized by the division under  | 
| 74 | the Florida Contraband Forfeiture Act to be deposited into  | 
| 75 | certain trust funds; providing severability; providing an  | 
| 76 | effective date. | 
| 77 | 
  | 
| 78 | Be It Enacted by the Legislature of the State of Florida: | 
| 79 | 
  | 
| 80 |      Section 1.  Subsection (2) of section 316.068, Florida  | 
| 81 | Statutes, is amended to read: | 
| 82 |      316.068  Crash report forms.-- | 
| 83 |      (2)  Every crash report required to be made in writing must  | 
| 84 | be made on the appropriate form approved by the department and  | 
| 85 | must contain all the information required therein, including: | 
| 86 |      (a)  The date, time, and location of the crash; | 
| 87 |      (b)  A description of the vehicles involved; | 
| 88 |      (c)  The names and addresses of the parties involved; | 
| 89 |      (d)  The names and addresses of all drivers and passengers  | 
| 90 | in the vehicles involved; | 
| 91 |      (e)  The names and addresses of witnesses; | 
| 92 |      (f)  The name, badge number, and law enforcement agency of  | 
| 93 | the officer investigating the crash; and | 
| 94 |      (g)  The names of the insurance companies for the  | 
| 95 | respective parties involved in the crash, | 
| 96 | 
  | 
| 97 | unless not available. The absence of information in such written  | 
| 98 | crash reports regarding the existence of passengers in the  | 
| 99 | vehicles involved in the crash constitutes a rebuttable  | 
| 100 | presumption that no such passengers were involved in the  | 
| 101 | reported crash. Notwithstanding any other provisions of this  | 
| 102 | section, a crash report produced electronically by a law  | 
| 103 | enforcement officer must, at a minimum, contain the same  | 
| 104 | information as is called for on those forms approved by the  | 
| 105 | department. | 
| 106 |      Section 2.  Subsection (8) of section 322.21, Florida  | 
| 107 | Statutes, is amended to read: | 
| 108 |      322.21  License fees; procedure for handling and collecting  | 
| 109 | fees.-- | 
| 110 |      (8)  Any person who applies for reinstatement following the  | 
| 111 | suspension or revocation of the person's driver's license shall  | 
| 112 | pay a service fee of $35 following a suspension, and $60  | 
| 113 | following a revocation, which is in addition to the fee for a  | 
| 114 | license. Any person who applies for reinstatement of a  | 
| 115 | commercial driver's license following the disqualification of  | 
| 116 | the person's privilege to operate a commercial motor vehicle  | 
| 117 | shall pay a service fee of $60, which is in addition to the fee  | 
| 118 | for a license. The department shall collect all of these fees at  | 
| 119 | the time of reinstatement. The department shall issue proper  | 
| 120 | receipts for such fees and shall promptly transmit all funds  | 
| 121 | received by it as follows: | 
| 122 |      (a)  Of the $35 fee received from a licensee for  | 
| 123 | reinstatement following a suspension, the department shall  | 
| 124 | deposit $15 in the General Revenue Fund and $20 in the Highway  | 
| 125 | Safety Operating Trust Fund. | 
| 126 |      (b)  Of the $60 fee received from a licensee for  | 
| 127 | reinstatement following a revocation or disqualification, the  | 
| 128 | department shall deposit $35 in the General Revenue Fund and $25  | 
| 129 | in the Highway Safety Operating Trust Fund. | 
| 130 | 
  | 
| 131 | If the revocation or suspension of the driver's license was for  | 
| 132 | a violation of s. 316.193, or for refusal to submit to a lawful  | 
| 133 | breath, blood, or urine test, an additional fee of $115 must be  | 
| 134 | charged. However, only one $115 fee may be collected from one  | 
| 135 | person convicted of violations arising out of the same incident.  | 
| 136 | The department shall collect the $115 fee and deposit the fee  | 
| 137 | into the Highway Safety Operating Trust Fund at the time of  | 
| 138 | reinstatement of the person's driver's license, but the fee may  | 
| 139 | not be collected if the suspension or revocation is overturned.  | 
| 140 | If the revocation or suspension of the driver's license was for  | 
| 141 | a conviction for a violation of s. 817.234(8) or (9) or s.  | 
| 142 | 817.505, an additional fee of $180 is imposed for each offense.  | 
| 143 | The department shall collect and deposit the additional fee into  | 
| 144 | the Highway Safety Operating Trust Fund at the time of  | 
| 145 | reinstatement of the person's driver's license. | 
| 146 |      Section 3.  Subsection (9) is added to section 322.26,  | 
| 147 | Florida Statutes, to read: | 
| 148 |      322.26  Mandatory revocation of license by department.--The  | 
| 149 | department shall forthwith revoke the license or driving  | 
| 150 | privilege of any person upon receiving a record of such person's  | 
| 151 | conviction of any of the following offenses: | 
| 152 |      (9)  Conviction in any court having jurisdiction over  | 
| 153 | offenses committed under s. 817.234(8) or (9) or s. 817.505. | 
| 154 |      Section 4.  Paragraph (h) is added to subsection (1) of  | 
| 155 | section 400.9935, Florida Statutes, and subsection (13) is added  | 
| 156 | to that section, to read: | 
| 157 |      400.9935  Clinic responsibilities.-- | 
| 158 |      (1)  Each clinic shall appoint a medical director or clinic  | 
| 159 | director who shall agree in writing to accept legal  | 
| 160 | responsibility for the following activities on behalf of the  | 
| 161 | clinic. The medical director or the clinic director shall: | 
| 162 |      (h)  Not refer a patient to the clinic if the clinic  | 
| 163 | performs magnetic resonance imaging, static radiographs,  | 
| 164 | computed tomography, or positron emission tomography. The term  | 
| 165 | "refer a patient" means the referral of one or more patients of  | 
| 166 | the medical or clinical director or a member of the medical or  | 
| 167 | clinical director's group practice to the clinic for magnetic  | 
| 168 | resonance imaging, static radiographs, computed tomography, or  | 
| 169 | positron emission tomography. A medical director who is found to  | 
| 170 | violate this paragraph commits a felony of the third degree,  | 
| 171 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. | 
| 172 |      (13)  The clinic shall display a sign in a conspicuous  | 
| 173 | location within the clinic readily visible to all patients  | 
| 174 | indicating that, pursuant to s. 626.9892, the Department of  | 
| 175 | Financial Services may pay rewards of up to $25,000 to persons  | 
| 176 | providing information leading to the arrest and conviction of  | 
| 177 | persons committing crimes investigated by the Division of  | 
| 178 | Insurance Fraud arising from violations of s. 440.105, s.  | 
| 179 | 624.15, s. 626.9541, s. 626.989, or s. 817.234. An authorized  | 
| 180 | employee of the Division of Insurance Fraud may make unannounced  | 
| 181 | inspections of a clinic licensed under this part as necessary to  | 
| 182 | determine whether the clinic is in compliance with this  | 
| 183 | subsection. A licensed clinic shall allow full and complete  | 
| 184 | access to the premises to such authorized employee of the  | 
| 185 | division who makes an inspection to determine compliance with  | 
| 186 | this subsection. | 
| 187 |      Section 5.  Paragraph (a) of subsection (2) and paragraph  | 
| 188 | (a) of subsection (4) of section 440.105, Florida Statutes, are  | 
| 189 | amended to read: | 
| 190 |      440.105  Prohibited activities; reports; penalties;  | 
| 191 | limitations.-- | 
| 192 |      (2)  Whoever violates any provision of this subsection  | 
| 193 | commits a misdemeanor of the first degree, punishable as  | 
| 194 | provided in s. 775.082 or s. 775.083. | 
| 195 |      (a)  It shall be unlawful for any employer to knowingly: | 
| 196 |      1.  Coerce or attempt to coerce, as a precondition to  | 
| 197 | employment or otherwise, an employee to obtain a certificate of  | 
| 198 | election of exemption pursuant to s. 440.05. | 
| 199 |      2.  Discharge or refuse to hire an employee or job  | 
| 200 | applicant because the employee or applicant has filed a claim  | 
| 201 | for benefits under this chapter. | 
| 202 |      3.  Discharge, discipline, or take any other adverse  | 
| 203 | personnel action against any employee for disclosing information  | 
| 204 | to the department or any law enforcement agency relating to any  | 
| 205 | violation or suspected violation of any of the provisions of  | 
| 206 | this chapter or rules promulgated hereunder. | 
| 207 |      4.  Violate a stop-work order issued by the department  | 
| 208 | pursuant to s. 440.107. | 
| 209 |      (4)  Whoever violates any provision of this subsection  | 
| 210 | commits insurance fraud, punishable as provided in paragraph  | 
| 211 | (f). | 
| 212 |      (a)  It shall be unlawful for any employer to knowingly: | 
| 213 |      1.  Present or cause to be presented any false, fraudulent,  | 
| 214 | or misleading oral or written statement to any person as  | 
| 215 | evidence of compliance with s. 440.38. | 
| 216 |      2.  Make a deduction from the pay of any employee entitled  | 
| 217 | to the benefits of this chapter for the purpose of requiring the  | 
| 218 | employee to pay any portion of premium paid by the employer to a  | 
| 219 | carrier or to contribute to a benefit fund or department  | 
| 220 | maintained by such employer for the purpose of providing  | 
| 221 | compensation or medical services and supplies as required by  | 
| 222 | this chapter. | 
| 223 |      3.  Fail to secure workers' payment of compensation  | 
| 224 | insurance coverage if required to do so by this chapter. | 
| 225 |      Section 6.  Subsection (1) of section 456.054, Florida  | 
| 226 | Statutes, is amended to read: | 
| 227 |      456.054  Kickbacks prohibited.-- | 
| 228 |      (1)  As used in this section, the term "kickback" means a  | 
| 229 | remuneration or payment back pursuant to an investment interest,  | 
| 230 | compensation arrangement, or otherwise, by or on behalf of a  | 
| 231 | provider of health care services or items, of a portion of the  | 
| 232 | charges for services rendered to any person a referring health  | 
| 233 | care provider as an incentive or inducement to refer patients  | 
| 234 | for past or future services or items, when the payment is not  | 
| 235 | tax deductible as an ordinary and necessary expense. | 
| 236 |      Section 7.  Section 624.15, Florida Statutes, is amended to  | 
| 237 | read: | 
| 238 |      624.15  General penalty.-- | 
| 239 |      (1)  Each willful violation of this code or rule of the  | 
| 240 | department, office, or commission as to which a greater penalty  | 
| 241 | is not provided by another provision of this code or rule of the  | 
| 242 | department, office, or commission or by other applicable laws of  | 
| 243 | this state is a misdemeanor of the second degree and is, in  | 
| 244 | addition to any prescribed applicable denial, suspension, or  | 
| 245 | revocation of certificate of authority, license, or permit,  | 
| 246 | punishable as provided in s. 775.082 or s. 775.083. Each  | 
| 247 | instance of such violation shall be considered a separate  | 
| 248 | offense. | 
| 249 |      (2)  Each willful violation of an emergency rule or order  | 
| 250 | of the department, office, or commission by a person who is not  | 
| 251 | licensed, authorized, or eligible to engage in business in  | 
| 252 | accordance with the Florida Insurance Code is a felony of the  | 
| 253 | third degree, punishable as provided in s. 775.082, s. 775.083,  | 
| 254 | or s. 775.084. Each instance of such violation is a separate  | 
| 255 | offense. This subsection does not apply to licensees or  | 
| 256 | affiliated parties of licensees. | 
| 257 |      Section 8.  Subsection (9) is added to section 626.112,  | 
| 258 | Florida Statutes, to read: | 
| 259 |      626.112  License and appointment required; agents, customer  | 
| 260 | representatives, adjusters, insurance agencies, service  | 
| 261 | representatives, managing general agents.-- | 
| 262 |      (9)  Any person who knowingly transacts insurance or  | 
| 263 | otherwise engages in insurance activities in this state without  | 
| 264 | a license in violation of this section commits a felony of the  | 
| 265 | third degree, punishable as provided in s. 775.082, s. 775.083,  | 
| 266 | or s. 775.084. | 
| 267 |      Section 9.  Subsections (1), (2), and (9) of section  | 
| 268 | 626.938, Florida Statutes, are amended to read: | 
| 269 |      626.938  Report and tax of independently procured  | 
| 270 | coverages.-- | 
| 271 |      (1)  Every insured who in this state procures or causes to  | 
| 272 | be procured or continues or renews insurance from another state  | 
| 273 | or country with an unauthorized foreign or alien insurer  | 
| 274 | legitimately licensed in that jurisdiction, or any self-insurer  | 
| 275 | who in this state so procures or continues excess loss,  | 
| 276 | catastrophe, or other insurance, upon a subject of insurance  | 
| 277 | resident, located, or to be performed within this state, other  | 
| 278 | than insurance procured through a surplus lines agent pursuant  | 
| 279 | to the Surplus Lines Law of this state or exempted from tax  | 
| 280 | under s. 626.932(4), shall, within 30 days after the date such  | 
| 281 | insurance was so procured, continued, or renewed, file a report  | 
| 282 | of the same with the Florida Surplus Lines Service Office in  | 
| 283 | writing and upon forms designated by the Florida Surplus Lines  | 
| 284 | Service Office and furnished to such an insured upon request, or  | 
| 285 | in a computer readable format as determined by the Florida  | 
| 286 | Surplus Lines Service Office. The report shall show the name and  | 
| 287 | address of the insured or insureds, the name and address of the  | 
| 288 | insurer, the subject of the insurance, a general description of  | 
| 289 | the coverage, the amount of premium currently charged therefor,  | 
| 290 | and such additional pertinent information as is reasonably  | 
| 291 | requested by the Florida Surplus Lines Service Office. | 
| 292 |      (2)  Any insurance on a risk located in this state in an  | 
| 293 | unauthorized insurer legitimately licensed in another state or  | 
| 294 | country procured through solicitations, negotiations, or an  | 
| 295 | application, in whole or in part occurring or made outside  | 
| 296 | within or from within this state, or for which premiums in whole  | 
| 297 | or in part are remitted directly or indirectly from within this  | 
| 298 | state, shall be deemed to be insurance procured, continued, or  | 
| 299 | renewed in this state within the intent of subsection (1). | 
| 300 |      (9)  This section does not authorize independent  | 
| 301 | procurement of workers' compensation insurance, apply as to life  | 
| 302 | insurance, or health insurance. | 
| 303 |      Section 10.  Subsection (7) of section 626.9891, Florida  | 
| 304 | Statutes, is amended to read: | 
| 305 |      626.9891  Insurer anti-fraud investigative units; reporting  | 
| 306 | requirements; penalties for noncompliance.-- | 
| 307 |      (7)  If an insurer fails to timely submit a final  | 
| 308 | acceptable anti-fraud plan or anti-fraud investigative unit  | 
| 309 | description otherwise fails to submit a plan, fails to implement  | 
| 310 | the provisions of a plan or an anti-fraud investigative unit  | 
| 311 | description, or otherwise refuses to comply with the provisions  | 
| 312 | of this section, the department, office, or commission may: | 
| 313 |      (a)  Impose an administrative fine of not more than $2,000  | 
| 314 | per day for such failure by an insurer to submit an acceptable  | 
| 315 | anti-fraud plan or anti-fraud investigative unit description,  | 
| 316 | until the department, office, or commission deems the insurer to  | 
| 317 | be in compliance; | 
| 318 |      (b)  Impose an administrative fine for failure by an upon  | 
| 319 | the insurer to implement or follow the provisions of an anti- | 
| 320 | fraud plan or anti-fraud investigative unit description a fraud  | 
| 321 | detection and prevention plan that is deemed to be appropriate  | 
| 322 | by the department and that must be implemented by the insurer;  | 
| 323 | or | 
| 324 |      (c)  Impose the provisions of both paragraphs (a) and (b). | 
| 325 |      Section 11.  Section 626.9893, Florida Statutes, is created  | 
| 326 | to read: | 
| 327 |      626.9893  Disposition of revenues; criminal or forfeiture  | 
| 328 | proceedings.-- | 
| 329 |      (1)  The Division of Insurance Fraud of the Department of  | 
| 330 | Financial Services may deposit revenues received as a result of  | 
| 331 | criminal proceedings or forfeiture proceedings, other than  | 
| 332 | revenues deposited into the Department of Financial Services'  | 
| 333 | Federal Equitable Sharing Trust Fund under s. 17.43, into the  | 
| 334 | Insurance Regulatory Trust Fund. Moneys deposited pursuant to  | 
| 335 | this section shall be separately accounted for and shall be used  | 
| 336 | solely for the division to carry out its duties and  | 
| 337 | responsibilities. | 
| 338 |      (2)  Moneys deposited into the Insurance Regulatory Trust  | 
| 339 | Fund pursuant to this section shall be appropriated by the  | 
| 340 | Legislature, pursuant to the provisions of chapter 216, for the  | 
| 341 | sole purpose of enabling the division to carry out its duties  | 
| 342 | and responsibilities. | 
| 343 |      (3)  Notwithstanding the provisions of s. 216.301 and  | 
| 344 | pursuant to s. 216.351, any balance of moneys deposited into the  | 
| 345 | Insurance Regulatory Trust Fund pursuant to this section  | 
| 346 | remaining at the end of any fiscal year shall remain in the  | 
| 347 | trust fund at the end of that year and shall be available for  | 
| 348 | carrying out the duties and responsibilities of the division. | 
| 349 |      Section 12.  Subsection (4) of section 627.4133, Florida  | 
| 350 | Statutes, is amended to read: | 
| 351 |      627.4133  Notice of cancellation, nonrenewal, or renewal  | 
| 352 | premium.-- | 
| 353 |      (4)  Notwithstanding the provisions of s. 440.42(3), if  | 
| 354 | cancellation of a policy providing coverage for workers'  | 
| 355 | compensation and employer's liability insurance is requested by  | 
| 356 | the insured, such cancellation shall be effective on the date  | 
| 357 | the carrier sends the notice of cancellation to the insured. Any  | 
| 358 | retroactive assumption of coverage and liabilities under a  | 
| 359 | policy providing workers' compensation and employer's liability  | 
| 360 | insurance may not exceed 21 days. | 
| 361 |      Section 13.  Subsection (14) is added to section 627.736,  | 
| 362 | Florida Statutes, to read: | 
| 363 |      (14)  FRAUD ADVISORY NOTICE.--Upon receiving notice of a  | 
| 364 | claim under this section, an insurer shall provide a notice to  | 
| 365 | the insured or to a person for whom a claim for reimbursement  | 
| 366 | for diagnosis or treatment of injuries has been filed, advising  | 
| 367 | that: | 
| 368 |      (a)  Pursuant to s. 626.9892, the Department of Financial  | 
| 369 | Services may pay rewards of up to $25,000 to persons providing  | 
| 370 | information leading to the arrest and conviction of persons  | 
| 371 | committing crimes investigated by the Division of Insurance  | 
| 372 | Fraud arising from violations of s. 440.105, s. 624.15, s.  | 
| 373 | 626.9541, s. 626.989, or s. 817.234. | 
| 374 |      (b)  Solicitation of a person injured in a motor vehicle  | 
| 375 | crash for purposes of filing personal injury protection or tort  | 
| 376 | claims could be a violation of s. 817.234, s. 817.505, or the  | 
| 377 | rules regulating The Florida Bar and should be immediately  | 
| 378 | reported to the Division of Insurance Fraud if such conduct has  | 
| 379 | taken place. | 
| 380 |      Section 14.  Subsection (1) of section 627.7401, Florida  | 
| 381 | Statutes, is amended to read: | 
| 382 |      627.7401  Notification of insured's rights.-- | 
| 383 |      (1)  The commission, by rule, shall adopt a form for the  | 
| 384 | notification of insureds of their right to receive personal  | 
| 385 | injury protection benefits under the Florida Motor Vehicle No- | 
| 386 | Fault Law. Such notice shall include: | 
| 387 |      (a)  A description of the benefits provided by personal  | 
| 388 | injury protection, including, but not limited to, the specific  | 
| 389 | types of services for which medical benefits are paid,  | 
| 390 | disability benefits, death benefits, significant exclusions from  | 
| 391 | and limitations on personal injury protection benefits, when  | 
| 392 | payments are due, how benefits are coordinated with other  | 
| 393 | insurance benefits that the insured may have, penalties and  | 
| 394 | interest that may be imposed on insurers for failure to make  | 
| 395 | timely payments of benefits, and rights of parties regarding  | 
| 396 | disputes as to benefits. | 
| 397 |      (b)  An advisory informing insureds that: | 
| 398 |      1.  Pursuant to s. 626.9892, the Department of Financial  | 
| 399 | Services may pay rewards of up to $25,000 to persons providing  | 
| 400 | information leading to the arrest and conviction of persons  | 
| 401 | committing crimes investigated by the Division of Insurance  | 
| 402 | Fraud arising from violations of s. 440.105, s. 624.15, s.  | 
| 403 | 626.9541, s. 626.989, or s. 817.234. | 
| 404 |      2.  Pursuant to s. 627.736(5)(e)1., if the insured notifies  | 
| 405 | the insurer of a billing error, the insured may be entitled to a  | 
| 406 | certain percentage of a reduction in the amount paid by the  | 
| 407 | insured's motor vehicle insurer. | 
| 408 |      (c)  A notice that solicitation of a person injured in a  | 
| 409 | motor vehicle crash for purposes of filing personal injury  | 
| 410 | protection or tort claims could be a violation of s. 817.234, s  | 
| 411 | 817.505, or the rules regulating The Florida Bar and should be  | 
| 412 | immediately reported to the Division of Insurance Fraud if such  | 
| 413 | conduct has taken place. | 
| 414 |      Section 15.  Subsection (4) of section 627.912, Florida  | 
| 415 | Statutes, is amended to read: | 
| 416 |      627.912  Professional liability claims and actions; reports  | 
| 417 | by insurers and health care providers; annual report by  | 
| 418 | office.-- | 
| 419 |      (4)  There shall be no liability on the part of, and no  | 
| 420 | cause of action of any nature shall arise against, any person or  | 
| 421 | entity reporting hereunder or its agents or employees or the  | 
| 422 | office or its employees for any action taken by them under this  | 
| 423 | section. The office may shall impose a fine of up to $250 per  | 
| 424 | day per case, but not to exceed a total of $10,000 per case,  | 
| 425 | against an insurer, commercial self-insurance fund, medical  | 
| 426 | malpractice self-insurance fund, or risk retention group that  | 
| 427 | violates the requirements of this section, except that the  | 
| 428 | office may impose a fine of $250 per day per case, not to exceed  | 
| 429 | a total of $1,000 per case, against an insurer providing  | 
| 430 | professional liability insurance to a member of The Florida Bar,  | 
| 431 | which insurer violates the provisions of this section. If a  | 
| 432 | health care practitioner or health care facility violates the  | 
| 433 | requirements of this section, it shall be considered a violation  | 
| 434 | of the chapter or act under which the practitioner or facility  | 
| 435 | is licensed and shall be grounds for a fine or disciplinary  | 
| 436 | action as such other violations of the chapter or act. The  | 
| 437 | office may adjust a fine imposed under this subsection by  | 
| 438 | considering the financial condition of the licensee, premium  | 
| 439 | volume written, ratio of violations to compliancy, and other  | 
| 440 | mitigating factors as determined by the office. | 
| 441 |      Section 16.  Paragraph (a) of subsection (7) and subsection  | 
| 442 | (9) of section 817.234, Florida Statutes, are amended to read: | 
| 443 |      817.234  False and fraudulent insurance claims.-- | 
| 444 |      (7)(a)  It shall constitute a material omission and  | 
| 445 | insurance fraud, punishable as provided in subsection (11), for  | 
| 446 | any service physician or other provider, other than a hospital,  | 
| 447 | to engage in a general business practice of billing amounts as  | 
| 448 | its usual and customary charge, if such provider has agreed with  | 
| 449 | the insured patient or intends to waive deductibles or  | 
| 450 | copayments, or does not for any other reason intend to collect  | 
| 451 | the total amount of such charge. With respect to a determination  | 
| 452 | as to whether a service physician or other provider has engaged  | 
| 453 | in such general business practice, consideration shall be given  | 
| 454 | to evidence of whether the physician or other provider made a  | 
| 455 | good faith attempt to collect such deductible or copayment. This  | 
| 456 | paragraph does not apply to physicians or other providers who  | 
| 457 | waive deductibles or copayments or reduce their bills as part of  | 
| 458 | a bodily injury settlement or verdict. | 
| 459 |      (9)  A person may not organize, plan, or knowingly  | 
| 460 | participate in an intentional motor vehicle crash or a scheme to  | 
| 461 | create documentation of a motor vehicle crash that did not occur  | 
| 462 | for the purpose of making motor vehicle tort claims or claims  | 
| 463 | for personal injury protection benefits as required by s.  | 
| 464 | 627.736. Any person who violates this subsection commits a  | 
| 465 | felony of the second degree, punishable as provided in s.  | 
| 466 | 775.082, s. 775.083, or s. 775.084. A person who is convicted of  | 
| 467 | a violation of this subsection shall be sentenced to a minimum  | 
| 468 | term of imprisonment of 2 years. | 
| 469 |      Section 17.  Section 817.2361, Florida Statutes, is amended  | 
| 470 | to read: | 
| 471 |      817.2361  False or fraudulent proof of motor vehicle  | 
| 472 | insurance card.--Any person who, with intent to deceive any  | 
| 473 | other person, creates, markets, or presents a false or  | 
| 474 | fraudulent proof of motor vehicle insurance card commits a  | 
| 475 | felony of the third degree, punishable as provided in s.  | 
| 476 | 775.082, s. 775.083, or s. 775.084. | 
| 477 |      Section 18.  Subsection (2) of section 817.50, Florida  | 
| 478 | Statutes, is amended to read: | 
| 479 |      817.50  Fraudulently obtaining goods, services, etc., from  | 
| 480 | a health care provider.-- | 
| 481 |      (2)  If any person gives to any health care provider in  | 
| 482 | this state a false or fictitious name or a false or fictitious  | 
| 483 | address or assigns to any health care provider the proceeds of  | 
| 484 | any health maintenance contract or insurance contract, then  | 
| 485 | knowing that such contract is no longer in force, is invalid, or  | 
| 486 | is void for any reason, such action shall be prima facie  | 
| 487 | evidence of the intent of such person to defraud the health care  | 
| 488 | provider. However, this subsection does not apply to  | 
| 489 | investigative actions taken by law enforcement officers for law  | 
| 490 | enforcement purposes in the course of their official duties. | 
| 491 |      Section 19.  Subsection (1) and paragraph (a) of subsection  | 
| 492 | (2) of section 817.505, Florida Statutes, are amended to read: | 
| 493 |      817.505  Patient brokering prohibited; exceptions;  | 
| 494 | penalties.-- | 
| 495 |      (1)  It is unlawful for any person, including any health  | 
| 496 | care provider or health care facility, to: | 
| 497 |      (a)  Offer or pay any commission, bonus, rebate, kickback,  | 
| 498 | or bribe, directly or indirectly, in cash or in kind, or engage  | 
| 499 | in any split-fee arrangement, in any form whatsoever, to induce  | 
| 500 | the referral of patients or patronage to or from a health care  | 
| 501 | provider or health care facility; | 
| 502 |      (b)  Solicit or receive any commission, bonus, rebate,  | 
| 503 | kickback, or bribe, directly or indirectly, in cash or in kind,  | 
| 504 | or engage in any split-fee arrangement, in any form whatsoever,  | 
| 505 | in return for referring patients or patronage to or from a  | 
| 506 | health care provider or health care facility; or | 
| 507 |      (c)  Solicit or receive any commission, bonus, rebate,  | 
| 508 | kickback, or bribe, directly or indirectly, in cash or in kind,  | 
| 509 | or engage in any split-fee arrangement, in any form whatsoever,  | 
| 510 | in return for the acceptance or acknowledgement of treatment  | 
| 511 | from a health care provider or health care facility; or | 
| 512 |      (d)(c)  Aid, abet, advise, or otherwise participate in the  | 
| 513 | conduct prohibited under paragraph (a), or paragraph (b), or  | 
| 514 | paragraph (c). | 
| 515 |      (2)  For the purposes of this section, the term: | 
| 516 |      (a)  "Health care provider or health care facility" means  | 
| 517 | any person or entity licensed, certified, or registered;  | 
| 518 | required to be licensed, certified, or registered; or lawfully  | 
| 519 | exempt from being required to be licensed, certified, or  | 
| 520 | registered with the Agency for Health Care Administration or the  | 
| 521 | Department of Health; any person or entity that has contracted  | 
| 522 | with the Agency for Health Care Administration to provide goods  | 
| 523 | or services to Medicaid recipients as provided under s. 409.907;  | 
| 524 | a county health department established under part I of chapter  | 
| 525 | 154; any community service provider contracting with the  | 
| 526 | Department of Children and Family Services to furnish alcohol,  | 
| 527 | drug abuse, or mental health services under part IV of chapter  | 
| 528 | 394; any substance abuse service provider licensed under chapter  | 
| 529 | 397; or any federally supported primary care program such as a  | 
| 530 | migrant or community health center authorized under ss. 329 and  | 
| 531 | 330 of the United States Public Health Services Act. | 
| 532 |      Section 20.  Section 843.08, Florida Statutes, is amended  | 
| 533 | to read: | 
| 534 |      843.08  Falsely personating officer, etc.--A person who  | 
| 535 | falsely assumes or pretends to be a sheriff, officer of the  | 
| 536 | Florida Highway Patrol, officer of the Fish and Wildlife  | 
| 537 | Conservation Commission, officer of the Department of  | 
| 538 | Environmental Protection, officer of the Department of  | 
| 539 | Transportation, officer of the Department of Financial Services,  | 
| 540 | officer of the Department of Corrections, correctional probation  | 
| 541 | officer, deputy sheriff, state attorney or assistant state  | 
| 542 | attorney, statewide prosecutor or assistant statewide  | 
| 543 | prosecutor, state attorney investigator, coroner, police  | 
| 544 | officer, lottery special agent or lottery investigator, beverage  | 
| 545 | enforcement agent, or watchman, or any member of the Parole  | 
| 546 | Commission and any administrative aide or supervisor employed by  | 
| 547 | the commission, or any personnel or representative of the  | 
| 548 | Department of Law Enforcement, and takes upon himself or herself  | 
| 549 | to act as such, or to require any other person to aid or assist  | 
| 550 | him or her in a matter pertaining to the duty of any such  | 
| 551 | officer, commits a felony of the third degree, punishable as  | 
| 552 | provided in s. 775.082, s. 775.083, or s. 775.084; however, a  | 
| 553 | person who falsely personates any such officer during the course  | 
| 554 | of the commission of a felony commits a felony of the second  | 
| 555 | degree, punishable as provided in s. 775.082, s. 775.083, or s.  | 
| 556 | 775.084; except that if the commission of the felony results in  | 
| 557 | the death or personal injury of another human being, the person  | 
| 558 | commits a felony of the first degree, punishable as provided in  | 
| 559 | s. 775.082, s. 775.083, or s. 775.084. | 
| 560 |      Section 21.  Paragraph (n) is added to subsection (6) of  | 
| 561 | section 932.7055, Florida Statutes, to read: | 
| 562 |      932.7055  Disposition of liens and forfeited property.-- | 
| 563 |      (6)  If the seizing agency is a state agency, all remaining  | 
| 564 | proceeds shall be deposited into the General Revenue Fund.  | 
| 565 | However, if the seizing agency is: | 
| 566 |      (n)  The Division of Insurance Fraud of the Department of  | 
| 567 | Financial Services, the proceeds accrued pursuant to the  | 
| 568 | provisions of the Florida Contraband Forfeiture Act shall be  | 
| 569 | deposited into the Insurance Regulatory Trust Fund as provided  | 
| 570 | in s. 626.9893 or into the Department of Financial Services'  | 
| 571 | Federal Equitable Sharing Trust Fund as provided in s. 17.43, as  | 
| 572 | applicable. | 
| 573 |      Section 22.  If any provision of this act or the  | 
| 574 | application thereof to any person or circumstance is held  | 
| 575 | invalid, the invalidity does not affect other provisions or  | 
| 576 | applications of the act which can be given effect without the  | 
| 577 | invalid provision or application, and, to this end, the  | 
| 578 | provisions of this act are declared severable. | 
| 579 |      Section 23.  This act shall take effect July 1, 2006. |