Florida Senate - 2015                      CS for CS for SB 1306
       
       
        
       By the Committees on Appropriations; and Banking and Insurance;
       and Senator Bradley
       
       
       
       
       576-04240-15                                          20151306c2
    1                        A bill to be entitled                      
    2         An act relating to insurance fraud; repealing s.
    3         400.993, F.S., relating to criminal penalties
    4         applicable to unlicensed health care clinics and the
    5         reporting of unlicensed health care clinics; amending
    6         s. 400.9935, F.S.; revising provisions related to
    7         unlawful, noncompensable, and unenforceable health
    8         care clinic charges or reimbursement claims; revising
    9         and providing criminal penalties for making unlawful
   10         charges, operating or failing to report an unlicensed
   11         clinic, filing false or misleading information related
   12         to a clinic license application, and other violations;
   13         defining the term “convicted”; amending s. 626.9894,
   14         F.S.; conforming provisions to changes made by the
   15         act; repealing s. 626.9895, F.S., relating to the
   16         establishment of a motor vehicle insurance fraud
   17         direct-support organization; amending s. 921.0022,
   18         F.S.; conforming provisions of the offense severity
   19         ranking chart of the Criminal Punishment Code to
   20         changes made by the act; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 400.993, Florida Statutes, is repealed.
   25         Section 2. Subsections (3) and (4) of section 400.9935,
   26  Florida Statutes, are amended to read:
   27         400.9935 Clinic responsibilities.—
   28         (3) A charge All charges or reimbursement claim claims made
   29  by or on behalf of a clinic that is required to be licensed
   30  under this part, but that is not so licensed, or that is
   31  otherwise operating in violation of this part, regardless of
   32  whether a service is rendered or whether the charge or
   33  reimbursement claim is paid, is an, are unlawful charge charges,
   34  and is therefore are noncompensable and unenforceable. A person
   35  who knowingly makes or causes to be made an unlawful charge
   36  commits theft within the meaning of, and punishable as provided
   37  in, s. 812.014.
   38         (4)(a) Regardless of whether notification is provided by
   39  the agency under In addition to the requirements of s. 408.812,
   40  a any person commits a felony of the third degree, punishable as
   41  provided in s. 775.082, s. 775.083, or s. 775.084, if the person
   42  knowingly:
   43         1. Establishes, owns, operates, manages, or maintains
   44  establishing, operating, or managing an unlicensed clinic
   45  otherwise required to be licensed under this part or part II of
   46  chapter 408;, or
   47         2. Offers or advertises services that require licensure as
   48  a clinic under this part or part II of chapter 408 without a
   49  license.
   50         (b) If the agency provides notification under s. 408.812
   51  of, or if a person is arrested for, a violation of subparagraph
   52  (a)1. or subparagraph (a)2., each day during which a violation
   53  of subparagraph (a)1. or subparagraph (a)2. occurs constitutes a
   54  separate offense.
   55         (c) A person convicted of a second or subsequent violation
   56  of subparagraph (a)1. or subparagraph (a)2. commits a felony of
   57  the second degree, punishable as provided in s. 775.082, s.
   58  775.083, or s. 775.084. If the agency provides notification of,
   59  or if a person is arrested for, a violation of this paragraph,
   60  each day that this paragraph is violated thereafter constitutes
   61  a separate offense. For purposes of this paragraph, the term
   62  “convicted” means a determination of guilt which is the result
   63  of a trial or the entry of a plea of guilty or nolo contendere,
   64  regardless of whether adjudication is withheld.
   65         (d) In addition to the requirements of part II of chapter
   66  408, a health care provider who is aware of the operation of an
   67  unlicensed clinic shall report the clinic to the agency. The
   68  agency shall report to the provider’s licensing board a failure
   69  to report a clinic that the provider knows or has reasonable
   70  cause to suspect is unlicensed.
   71         (e) A person commits a felony of the third degree,
   72  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   73  if the any person who knowingly:
   74         1. Files a false or misleading license application or
   75  license renewal application, or files false or misleading
   76  information related to such application or agency department
   77  rule; or
   78         2. Fails to report information to the agency as required by
   79  s. 408.810(3), commits a felony of the third degree, punishable
   80  as provided in s. 775.082, s. 775.083, or s. 775.084.
   81         Section 3. Subsection (5) of section 626.9894, Florida
   82  Statutes, is amended to read:
   83         626.9894 Gifts and grants.—
   84         (5) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   85  any balance of moneys deposited into the Insurance Regulatory
   86  Trust Fund pursuant to this section or s. 626.9895 remaining at
   87  the end of any fiscal year is available for carrying out the
   88  duties and responsibilities of the division. The department may
   89  request annual appropriations from the grants and donations
   90  received pursuant to this section or s. 626.9895 and cash
   91  balances in the Insurance Regulatory Trust Fund for the purpose
   92  of carrying out its duties and responsibilities related to the
   93  division’s anti-fraud efforts, including the funding of
   94  dedicated prosecutors and related personnel.
   95         Section 4. Section 626.9895, Florida Statutes, is repealed.
   96         Section 5. Paragraphs (c) and (f) of subsection (3) of
   97  section 921.0022, Florida Statutes, are amended to read:
   98         921.0022 Criminal Punishment Code; offense severity ranking
   99  chart.—
  100         (3) OFFENSE SEVERITY RANKING CHART
  101         (c) LEVEL 3
  102  
  103  
  104  FloridaStatute     FelonyDegree           Description           
  105  119.10(2)(b)          3rd   Unlawful use of confidential information from police reports.
  106  316.066 (3)(b)-(d)    3rd   Unlawfully obtaining or using confidential crash reports.
  107  316.193(2)(b)         3rd   Felony DUI, 3rd conviction.      
  108  316.1935(2)           3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  109  319.30(4)             3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  110  319.33(1)(a)          3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  111  319.33(1)(c)          3rd   Procure or pass title on stolen vehicle.
  112  319.33(4)             3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  113  327.35(2)(b)          3rd   Felony BUI.                      
  114  328.05(2)             3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  115  328.07(4)             3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  116  376.302(5)            3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  117  379.2431 (1)(e)5.     3rd   Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  118  379.2431 (1)(e)6.     3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  119  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license or filing false license application or other required information.
  120  400.9935(4)(e)        3rd   Filing a false license application or other required information or failing to report information.
  121  440.1051(3)           3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  122  501.001(2)(b)         2nd   Tampers with a consumer product or the container using materially false/misleading information.
  123  624.401(4)(a)         3rd   Transacting insurance without a certificate of authority.
  124  624.401(4)(b)1.       3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  125  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  126  697.08                3rd   Equity skimming.                 
  127  790.15(3)             3rd   Person directs another to discharge firearm from a vehicle.
  128  806.10(1)             3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  129  806.10(2)             3rd   Interferes with or assaults firefighter in performance of duty.
  130  810.09(2)(c)          3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  131  812.014(2)(c)2.       3rd   Grand theft; $5,000 or more but less than $10,000.
  132  812.0145(2)(c)        3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  133  815.04(5)(b)          2nd   Computer offense devised to defraud or obtain property.
  134  817.034(4)(a)3.       3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  135  817.233               3rd   Burning to defraud insurer.      
  136  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  137  817.234(11)(a)        3rd   Insurance fraud; property value less than $20,000.
  138  817.236               3rd   Filing a false motor vehicle insurance application.
  139  817.2361              3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  140  817.413(2)            3rd   Sale of used goods as new.       
  141  817.505(4)            3rd   Patient brokering.               
  142  828.12(2)             3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  143  831.28(2)(a)          3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  144  831.29                2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
  145  838.021(3)(b)         3rd   Threatens unlawful harm to public servant.
  146  843.19                3rd   Injure, disable, or kill police dog or horse.
  147  860.15(3)             3rd   Overcharging for repairs and parts.
  148  870.01(2)             3rd   Riot; inciting or encouraging.   
  149  893.13(1)(a)2.        3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  150  893.13(1)(d)2.        2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
  151  893.13(1)(f)2.        2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
  152  893.13(6)(a)          3rd   Possession of any controlled substance other than felony possession of cannabis.
  153  893.13(7)(a)8.        3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  154  893.13(7)(a)9.        3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  155  893.13(7)(a)10.       3rd   Affix false or forged label to package of controlled substance.
  156  893.13(7)(a)11.       3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  157  893.13(8)(a)1.        3rd   Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  158  893.13(8)(a)2.        3rd   Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  159  893.13(8)(a)3.        3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  160  893.13(8)(a)4.        3rd   Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  161  918.13(1)(a)          3rd   Alter, destroy, or conceal investigation evidence.
  162  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  163  944.47(1)(c)          2nd   Possess contraband while upon the grounds of a correctional institution.
  164  985.721               3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  165         (f) LEVEL 6
  166  
  167  
  168  FloridaStatute     FelonyDegree           Description           
  169  316.027(2)(b)         2nd   Leaving the scene of a crash involving serious bodily injury.
  170  316.193(2)(b)         3rd   Felony DUI, 4th or subsequent conviction.
  171  400.9935(4)(c)        2nd   Operating a clinic, or offering services requiring licensure, without a license.
  172  499.0051(3)           2nd   Knowing forgery of pedigree papers.
  173  499.0051(4)           2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  174  499.0051(5)           2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  175  775.0875(1)           3rd   Taking firearm from law enforcement officer.
  176  784.021(1)(a)         3rd   Aggravated assault; deadly weapon without intent to kill.
  177  784.021(1)(b)         3rd   Aggravated assault; intent to commit felony.
  178  784.041               3rd   Felony battery; domestic battery by strangulation.
  179  784.048(3)            3rd   Aggravated stalking; credible threat.
  180  784.048(5)            3rd   Aggravated stalking of person under 16.
  181  784.07(2)(c)          2nd   Aggravated assault on law enforcement officer.
  182  784.074(1)(b)         2nd   Aggravated assault on sexually violent predators facility staff.
  183  784.08(2)(b)          2nd   Aggravated assault on a person 65 years of age or older.
  184  784.081(2)            2nd   Aggravated assault on specified official or employee.
  185  784.082(2)            2nd   Aggravated assault by detained person on visitor or other detainee.
  186  784.083(2)            2nd   Aggravated assault on code inspector.
  187  787.02(2)             3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  188  790.115(2)(d)         2nd   Discharging firearm or weapon on school property.
  189  790.161(2)            2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  190  790.164(1)            2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  191  790.19                2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  192  794.011(8)(a)         3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  193  794.05(1)             2nd   Unlawful sexual activity with specified minor.
  194  800.04(5)(d)          3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  195  800.04(6)(b)          2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  196  806.031(2)            2nd   Arson resulting in great bodily harm to firefighter or any other person.
  197  810.02(3)(c)          2nd   Burglary of occupied structure; unarmed; no assault or battery.
  198  810.145(8)(b)         2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  199  812.014(2)(b)1.       2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  200  812.014(6)            2nd   Theft; property stolen $3,000 or more; coordination of others.
  201  812.015(9)(a)         2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  202  812.015(9)(b)         2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  203  812.13(2)(c)          2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  204  817.4821(5)           2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  205  825.102(1)            3rd   Abuse of an elderly person or disabled adult.
  206  825.102(3)(c)         3rd   Neglect of an elderly person or disabled adult.
  207  825.1025(3)           3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  208  825.103(3)(c)         3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  209  827.03(2)(c)          3rd   Abuse of a child.                
  210  827.03(2)(d)          3rd   Neglect of a child.              
  211  827.071(2) & (3)      2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  212  836.05                2nd   Threats; extortion.              
  213  836.10                2nd   Written threats to kill or do bodily injury.
  214  843.12                3rd   Aids or assists person to escape.
  215  847.011               3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  216  847.012               3rd   Knowingly using a minor in the production of materials harmful to minors.
  217  847.0135(2)           3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  218  914.23                2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  219  944.35(3)(a)2.        3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  220  944.40                2nd   Escapes.                         
  221  944.46                3rd   Harboring, concealing, aiding escaped prisoners.
  222  944.47(1)(a)5.        2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  223  951.22(1)             3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  224         Section 6. This act shall take effect July 1, 2015.