Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1694
                                Barcode 447460                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/13/2011           .                                

       The Committee on Banking and Insurance (Fasano) recommended the
    1         Senate Amendment to Amendment (767910) (with title
    2  amendment)
    4         Delete lines 5 - 32
    5  and insert:
    6         Section 1. Subsection (2) of section 26.012, Florida
    7  Statutes, is amended to read:
    8         26.012 Jurisdiction of circuit court.—
    9         (2) The circuit court They shall have exclusive original
   10  jurisdiction:
   11         (a) In all actions at law not cognizable by the county
   12  courts.;
   13         (b) Of proceedings relating to the settlement of the
   14  estates of decedents and minors, the granting of letters
   15  testamentary, guardianship, involuntary hospitalization, the
   16  determination of incompetency, and other jurisdiction usually
   17  pertaining to courts of probate.;
   18         (c) In all cases in equity including all cases relating to
   19  juveniles except traffic offenses as provided in chapters 316
   20  and 985.;
   21         (d) Of all felonies and of all misdemeanors arising out of
   22  the same circumstances as a felony which is also charged.;
   23         (e) In all cases involving legality of any tax assessment
   24  or toll or denial of refund, except as provided in s. 72.011.;
   25         (f) In actions of ejectment.; and
   26         (g) In all actions involving the title and boundaries of
   27  real property.
   28         (h) In all actions involving the Florida Motor Vehicle No
   29  Fault Law, ss. 627.730-627.7407, where arbitration of an
   30  existing controversy is agreed to pursuant to s. 682.02 and the
   31  arbitration decision is challenged.
   32         Section 2. Subsection (3) is added to section 627.4137,
   33  Florida Statutes, to read:
   34         627.4137 Disclosure of certain information required.—
   35         (3)Any request made to a self-insured corporation pursuant
   36  to this section shall be sent by certified mail to the
   37  registered agent of the disclosing entity.
   38         Section 3. Paragraph (c) of subsection (7) and subsections
   39  (10) through (12) of section 817.234, Florida Statutes, are
   40  amended to read:
   41         817.234 False and fraudulent insurance claims.—
   42         (7)
   43         (c) An insurer, or any person acting at the direction of or
   44  on behalf of an insurer, may not change an opinion in a mental
   45  or physical report prepared under s. 627.736(7) or direct the
   46  physician preparing the report to change such opinion; however,
   47  this provision does not preclude the insurer from calling to the
   48  attention of the physician errors of fact in the report based
   49  upon information in the claim file. Any person who violates this
   50  paragraph commits a felony of the third degree, punishable as
   51  provided in s. 775.082, s. 775.083, or s. 775.084.
   52         (10) As used in this section, the term “insurer” means any
   53  insurer, health maintenance organization, self-insurer, self
   54  insurance fund, or other similar entity or person regulated
   55  under chapter 440 or chapter 641 or by the Office of Insurance
   56  Regulation under the Florida Insurance Code.
   57         (10)(11) If the value of any property involved in a
   58  violation of this section:
   59         (a) Is less than $20,000, the offender commits a felony of
   60  the third degree, punishable as provided in s. 775.082, s.
   61  775.083, or s. 775.084.
   62         (b) Is $20,000 or more, but less than $100,000, the
   63  offender commits a felony of the second degree, punishable as
   64  provided in s. 775.082, s. 775.083, or s. 775.084.
   65         (c) Is $100,000 or more, the offender commits a felony of
   66  the first degree, punishable as provided in s. 775.082, s.
   67  775.083, or s. 775.084.
   68         (11) In addition to any criminal liability, a person
   69  convicted of violating any provision of this section for the
   70  purpose of receiving insurance proceeds from a motor vehicle
   71  insurance contract is subject to a civil penalty.
   72         (a) Except for a violation of subsection (9), the civil
   73  penalty shall be:
   74         1. A fine up to $5,000, for a first offense.
   75         2. A fine greater than $5,000, but not to exceed $10,000,
   76  for a second offense.
   77         3. A fine greater than $10,000, but not to exceed $15,000,
   78  for a third or subsequent offense.
   79         (b) The civil penalty for a violation of subsection (9)
   80  must be at least $15,000, but may not exceed $50,000.
   81         (c) The civil penalty shall be paid to the Insurance
   82  Regulatory Trust Fund within the Department of Financial
   83  Services and used by the department for the investigation and
   84  prosecution of insurance fraud.
   85         (d) This subsection does not prohibit a state attorney from
   86  entering into a written agreement in which the person charged
   87  with the violation does not admit to or deny the charges but
   88  consents to payment of the civil penalty.
   89         (12) As used in this section, the term:
   90         (a) “Insurer” means any insurer, health maintenance
   91  organization, self-insurer, self-insurance fund, or similar
   92  entity or person regulated under chapter 440 or chapter 641 or
   93  by the Office of Insurance Regulation under the Florida
   94  Insurance Code.
   95         (b)(a) “Property” means property as defined in s. 812.012.
   96         (c)(b) “Value” has the same meaning means value as defined
   97  in s. 812.012.
   99  ================= T I T L E  A M E N D M E N T ================
  100         And the title is amended as follows:
  101         Delete lines 41 - 45
  102  and insert:
  103         protection insurance; amending s. 26.012, F.S.;
  104         providing that the circuit court has exclusive
  105         jurisdiction in actions involving challenges to
  106         arbitration decisions under the Florida Motor Vehicle
  107         No-Fault Law; amending s. 627.4137, F.S.; requiring a
  108         claimant’s request about insurance coverage to be
  109         appropriately served upon the disclosing entity;
  110         amending s. 817.234, F.S.; providing civil penalties
  111         for fraudulent insurance claims involving motor
  112         vehicle insurance; providing an effective