Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1306
       
       
       
       
       
       
                                Ì716542$Î716542                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2015           .                                
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       The Committee on Banking and Insurance (Richter) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 400.993, Florida Statutes, is repealed.
    6         Section 2. Subsections (3) and (4) of section 400.9935,
    7  Florida Statutes, are amended to read:
    8         400.9935 Clinic responsibilities.—
    9         (3) A charge All charges or reimbursement claim claims made
   10  by or on behalf of a clinic that is required to be licensed
   11  under this part, but that is not so licensed, or that is
   12  otherwise operating in violation of this part or rules of the
   13  agency, regardless of whether a service is rendered or whether
   14  the charge or reimbursement claim is paid, is an, are unlawful
   15  charge charges, and is therefore are noncompensable and
   16  unenforceable. A person who knowingly makes or causes to be made
   17  an unlawful charge commits theft within the meaning of, and
   18  punishable as provided in, s. 812.014.
   19         (4)(a) Regardless of whether notification is provided by
   20  the agency under In addition to the requirements of s. 408.812,
   21  a any person commits a felony of the third degree, punishable as
   22  provided in s. 775.082, s. 775.083, or s. 775.084, if the person
   23  knowingly:
   24         1. Establishes, owns, operates, manages, or maintains
   25  establishing, operating, or managing an unlicensed clinic
   26  otherwise required to be licensed under this part or part II of
   27  chapter 408;, or
   28         2. Offers or advertises services that require licensure as
   29  a clinic under this part or part II of chapter 408 without a
   30  license.
   31         (b) If the agency provides notification under s. 408.812
   32  of, or if a person is arrested for, a violation of subparagraph
   33  (a)1. or subparagraph (a)2., each day during which a violation
   34  of subparagraph (a)1. or subparagraph (a)2. occurs constitutes a
   35  separate offense.
   36         (c) A person convicted of a second or subsequent violation
   37  of subparagraph (a)1. or subparagraph (a)2. commits a felony of
   38  the second degree, punishable as provided in s. 775.082, s.
   39  775.083, or s. 775.084. If the agency provides notification of,
   40  or if a person is arrested for, a violation of this paragraph,
   41  each day that this paragraph is violated thereafter constitutes
   42  a separate offense. For purposes of this paragraph, the term
   43  “convicted” means a determination of guilt which is the result
   44  of a trial or the entry of a plea of guilty or nolo contendere,
   45  regardless of whether adjudication is withheld.
   46         (d) In addition to the requirements of part II of chapter
   47  408, a health care provider who is aware of the operation of an
   48  unlicensed clinic shall report the clinic to the agency. The
   49  agency shall report to the provider’s licensing board a failure
   50  to report a clinic that the provider knows or has reasonable
   51  cause to suspect is unlicensed.
   52         (e) A person commits a felony of the third degree,
   53  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   54  if the any person who knowingly:
   55         1. Files a false or misleading license application or
   56  license renewal application, or files false or misleading
   57  information related to such application or agency department
   58  rule; or
   59         2. Fails to report information to the agency as required by
   60  s. 408.810(3), commits a felony of the third degree, punishable
   61  as provided in s. 775.082, s. 775.083, or s. 775.084.
   62         Section 3. Subsection (5) of section 626.9894, Florida
   63  Statutes, is amended to read:
   64         626.9894 Gifts and grants.—
   65         (5) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   66  any balance of moneys deposited into the Insurance Regulatory
   67  Trust Fund pursuant to this section or s. 626.9895 remaining at
   68  the end of any fiscal year is available for carrying out the
   69  duties and responsibilities of the division. The department may
   70  request annual appropriations from the grants and donations
   71  received pursuant to this section or s. 626.9895 and cash
   72  balances in the Insurance Regulatory Trust Fund for the purpose
   73  of carrying out its duties and responsibilities related to the
   74  division’s anti-fraud efforts, including the funding of
   75  dedicated prosecutors and related personnel.
   76         Section 4. Section 626.9895, Florida Statutes, is repealed.
   77         Section 5. Paragraphs (c) and (f) of subsection (3) of
   78  section 921.0022, Florida Statutes, are amended to read:
   79         921.0022 Criminal Punishment Code; offense severity ranking
   80  chart.—
   81         (3) OFFENSE SEVERITY RANKING CHART
   82         (c) LEVEL 3
   83  
   84  
   85  FloridaStatute     FelonyDegree           Description           
   86  119.10(2)(b)          3rd   Unlawful use of confidential information from police reports.
   87  316.066 (3)(b)-(d)    3rd   Unlawfully obtaining or using confidential crash reports.
   88  316.193(2)(b)         3rd   Felony DUI, 3rd conviction.      
   89  316.1935(2)           3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
   90  319.30(4)             3rd   Possession by junkyard of motor vehicle with identification number plate removed.
   91  319.33(1)(a)          3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
   92  319.33(1)(c)          3rd   Procure or pass title on stolen vehicle.
   93  319.33(4)             3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
   94  327.35(2)(b)          3rd   Felony BUI.                      
   95  328.05(2)             3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
   96  328.07(4)             3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
   97  376.302(5)            3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
   98  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.
   99  379.2431 (1)(e)6.     3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  100  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.
  101  400.9935(4)(e)        3rd   Filing a false license application or other required information or failing to report information.
  102  440.1051(3)           3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  103  501.001(2)(b)         2nd   Tampers with a consumer product or the container using materially false/misleading information.
  104  624.401(4)(a)         3rd   Transacting insurance without a certificate of authority.
  105  624.401(4)(b)1.       3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  106  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  107  697.08                3rd   Equity skimming.                 
  108  790.15(3)             3rd   Person directs another to discharge firearm from a vehicle.
  109  806.10(1)             3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  110  806.10(2)             3rd   Interferes with or assaults firefighter in performance of duty.
  111  810.09(2)(c)          3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  112  812.014(2)(c)2.       3rd   Grand theft; $5,000 or more but less than $10,000.
  113  812.0145(2)(c)        3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  114  815.04(5)(b)          2nd   Computer offense devised to defraud or obtain property.
  115  817.034(4)(a)3.       3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  116  817.233               3rd   Burning to defraud insurer.      
  117  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  118  817.234(11)(a)        3rd   Insurance fraud; property value less than $20,000.
  119  817.236               3rd   Filing a false motor vehicle insurance application.
  120  817.2361              3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  121  817.413(2)            3rd   Sale of used goods as new.       
  122  817.505(4)            3rd   Patient brokering.               
  123  828.12(2)             3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  124  831.28(2)(a)          3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  125  831.29                2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
  126  838.021(3)(b)         3rd   Threatens unlawful harm to public servant.
  127  843.19                3rd   Injure, disable, or kill police dog or horse.
  128  860.15(3)             3rd   Overcharging for repairs and parts.
  129  870.01(2)             3rd   Riot; inciting or encouraging.   
  130  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).
  131  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.
  132  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.
  133  893.13(6)(a)          3rd   Possession of any controlled substance other than felony possession of cannabis.
  134  893.13(7)(a)8.        3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  135  893.13(7)(a)9.        3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  136  893.13(7)(a)10.       3rd   Affix false or forged label to package of controlled substance.
  137  893.13(7)(a)11.       3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  138  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.
  139  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.
  140  893.13(8)(a)3.        3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  141  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.
  142  918.13(1)(a)          3rd   Alter, destroy, or conceal investigation evidence.
  143  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  144  944.47(1)(c)          2nd   Possess contraband while upon the grounds of a correctional institution.
  145  985.721               3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  146         (f) LEVEL 6
  147  
  148  
  149  FloridaStatute     FelonyDegree           Description           
  150  316.027(2)(b)         2nd   Leaving the scene of a crash involving serious bodily injury.
  151  316.193(2)(b)         3rd   Felony DUI, 4th or subsequent conviction.
  152  400.9935(4)(c)        2nd   Operating a clinic, or offering services requiring licensure, without a license.
  153  499.0051(3)           2nd   Knowing forgery of pedigree papers.
  154  499.0051(4)           2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  155  499.0051(5)           2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  156  775.0875(1)           3rd   Taking firearm from law enforcement officer.
  157  784.021(1)(a)         3rd   Aggravated assault; deadly weapon without intent to kill.
  158  784.021(1)(b)         3rd   Aggravated assault; intent to commit felony.
  159  784.041               3rd   Felony battery; domestic battery by strangulation.
  160  784.048(3)            3rd   Aggravated stalking; credible threat.
  161  784.048(5)            3rd   Aggravated stalking of person under 16.
  162  784.07(2)(c)          2nd   Aggravated assault on law enforcement officer.
  163  784.074(1)(b)         2nd   Aggravated assault on sexually violent predators facility staff.
  164  784.08(2)(b)          2nd   Aggravated assault on a person 65 years of age or older.
  165  784.081(2)            2nd   Aggravated assault on specified official or employee.
  166  784.082(2)            2nd   Aggravated assault by detained person on visitor or other detainee.
  167  784.083(2)            2nd   Aggravated assault on code inspector.
  168  787.02(2)             3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  169  790.115(2)(d)         2nd   Discharging firearm or weapon on school property.
  170  790.161(2)            2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  171  790.164(1)            2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  172  790.19                2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  173  794.011(8)(a)         3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  174  794.05(1)             2nd   Unlawful sexual activity with specified minor.
  175  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.
  176  800.04(6)(b)          2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  177  806.031(2)            2nd   Arson resulting in great bodily harm to firefighter or any other person.
  178  810.02(3)(c)          2nd   Burglary of occupied structure; unarmed; no assault or battery.
  179  810.145(8)(b)         2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  180  812.014(2)(b)1.       2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  181  812.014(6)            2nd   Theft; property stolen $3,000 or more; coordination of others.
  182  812.015(9)(a)         2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  183  812.015(9)(b)         2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  184  812.13(2)(c)          2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  185  817.4821(5)           2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  186  825.102(1)            3rd   Abuse of an elderly person or disabled adult.
  187  825.102(3)(c)         3rd   Neglect of an elderly person or disabled adult.
  188  825.1025(3)           3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  189  825.103(3)(c)         3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  190  827.03(2)(c)          3rd   Abuse of a child.                
  191  827.03(2)(d)          3rd   Neglect of a child.              
  192  827.071(2) & (3)      2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  193  836.05                2nd   Threats; extortion.              
  194  836.10                2nd   Written threats to kill or do bodily injury.
  195  843.12                3rd   Aids or assists person to escape.
  196  847.011               3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  197  847.012               3rd   Knowingly using a minor in the production of materials harmful to minors.
  198  847.0135(2)           3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  199  914.23                2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  200  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.
  201  944.40                2nd   Escapes.                         
  202  944.46                3rd   Harboring, concealing, aiding escaped prisoners.
  203  944.47(1)(a)5.        2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  204  951.22(1)             3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  205         Section 6. This act shall take effect July 1, 2015.
  206  
  207  ================= T I T L E  A M E N D M E N T ================
  208  And the title is amended as follows:
  209         Delete everything before the enacting clause
  210  and insert:
  211                        A bill to be entitled                      
  212         An act relating to insurance fraud; repealing s.
  213         400.993, F.S., relating to criminal penalties
  214         applicable to unlicensed health care clinics and the
  215         reporting of unlicensed health care clinics; amending
  216         s. 400.9935, F.S.; revising provisions related to
  217         unlawful, noncompensable, and unenforceable health
  218         care clinic charges or reimbursement claims; revising
  219         and providing criminal penalties for making unlawful
  220         charges, operating or failing to report an unlicensed
  221         clinic, filing false or misleading information related
  222         to a clinic license application, and other violations;
  223         defining the term “convicted”; amending s. 626.9894,
  224         F.S.; conforming provisions to changes made by the
  225         act; repealing s. 626.9895, F.S., relating to the
  226         establishment of a motor vehicle insurance fraud
  227         direct-support organization; amending s. 921.0022,
  228         F.S.; conforming provisions of the offense severity
  229         ranking chart of the Criminal Punishment Code to
  230         changes made by the act; providing an effective date.