ENROLLED 2025 Legislature SB 38 202538er 1 2 An act relating to the Florida Statutes; amending ss. 3 16.59, 400.9935, 409.91212, 440.105, 440.1051, 440.12, 4 552.113, 624.115, 624.521, 626.016, 626.989, 626.9891, 5 626.9893, 626.9894, 626.9896, 626.99278, 627.351, 6 627.711, 627.736, 627.7401, 631.156, 633.114, 633.126, 7 641.30, 791.013, 817.234, 843.08, and 932.7055, F.S., 8 to conform to section 63 of chapter 2024-140, Laws of 9 Florida, which directs the Division of Law Revision to 10 prepare a revisers bill for the 2025 Regular Session 11 of the Legislature to change the term Division of 12 Investigative and Forensic Services to Division of 13 Criminal Investigations wherever it appears in the 14 Florida Statutes; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1.Section 16.59, Florida Statutes, is amended to 19 read: 20 16.59Medicaid fraud control.The Medicaid Fraud Control 21 Unit is created in the Department of Legal Affairs to 22 investigate all violations of s. 409.920 and any criminal 23 violations discovered during the course of those investigations. 24 The Medicaid Fraud Control Unit may refer any criminal violation 25 so uncovered to the appropriate prosecuting authority. The 26 offices of the Medicaid Fraud Control Unit, the Agency for 27 Health Care Administration Medicaid program integrity program, 28 and the Divisions of Criminal Investigations Investigative and 29 Forensic Services and Public Assistance Fraud within the 30 Department of Financial Services shall, to the extent possible, 31 be collocated; however, positions dedicated to Medicaid managed 32 care fraud within the Medicaid Fraud Control Unit shall be 33 collocated with the Division of Criminal Investigations 34 Investigative and Forensic Services. The Agency for Health Care 35 Administration, the Department of Legal Affairs, and the 36 Divisions of Criminal Investigations Investigative and Forensic 37 Services and Public Assistance Fraud within the Department of 38 Financial Services shall conduct joint training and other joint 39 activities designed to increase communication and coordination 40 in recovering overpayments. 41 Section 2.Subsection (9) of section 400.9935, Florida 42 Statutes, is amended to read: 43 400.9935Clinic responsibilities. 44 (9)In addition to the requirements of part II of chapter 45 408, the clinic shall display a sign in a conspicuous location 46 within the clinic readily visible to all patients indicating 47 that, pursuant to s. 626.9892, the Department of Financial 48 Services may pay rewards of up to $25,000 to persons providing 49 information leading to the arrest and conviction of persons 50 committing crimes investigated by the Division of Criminal 51 Investigations Investigative and Forensic Services arising from 52 violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or 53 s. 817.234. An authorized employee of the Division of Criminal 54 Investigations Investigative and Forensic Services may make 55 unannounced inspections of a clinic licensed under this part as 56 necessary to determine whether the clinic is in compliance with 57 this subsection. A licensed clinic shall allow full and complete 58 access to the premises to such authorized employee of the 59 division who makes an inspection to determine compliance with 60 this subsection. 61 Section 3.Subsection (6) of section 409.91212, Florida 62 Statutes, is amended to read: 63 409.91212Medicaid managed care fraud. 64 (6)Each managed care plan shall report all suspected or 65 confirmed instances of provider or recipient fraud or abuse 66 within 15 calendar days after detection to the Office of 67 Medicaid Program Integrity within the agency. At a minimum the 68 report must contain the name of the provider or recipient, the 69 Medicaid billing number or tax identification number, and a 70 description of the fraudulent or abusive act. The Office of 71 Medicaid Program Integrity in the agency shall forward the 72 report of suspected overpayment, abuse, or fraud to the 73 appropriate investigative unit, including, but not limited to, 74 the Bureau of Medicaid program integrity, the Medicaid fraud 75 control unit, the Division of Public Assistance Fraud, the 76 Division of Criminal Investigations Investigative and Forensic 77 Services, or the Department of Law Enforcement. 78 (a)Failure to timely report shall result in an 79 administrative fine of $1,000 per calendar day after the 15th 80 day of detection. 81 (b)Failure to timely report may result in additional 82 administrative, civil, or criminal penalties. 83 Section 4.Paragraph (a) of subsection (1) of section 84 440.105, Florida Statutes, is amended to read: 85 440.105Prohibited activities; reports; penalties; 86 limitations. 87 (1)(a)Any insurance carrier, any individual self-insured, 88 any commercial or group self-insurance fund, any professional 89 practitioner licensed or regulated by the Department of Health, 90 except as otherwise provided by law, any medical review 91 committee as defined in s. 766.101, any private medical review 92 committee, and any insurer, agent, or other person licensed 93 under the insurance code, or any employee thereof, having 94 knowledge or who believes that a fraudulent act or any other act 95 or practice which, upon conviction, constitutes a felony or 96 misdemeanor under this chapter is being or has been committed 97 shall send to the Division of Criminal Investigations 98 Investigative and Forensic Services, Bureau of Workers 99 Compensation Fraud, a report or information pertinent to such 100 knowledge or belief and such additional information relative 101 thereto as the bureau may require. The bureau shall review such 102 information or reports and select such information or reports 103 as, in its judgment, may require further investigation. It shall 104 then cause an independent examination of the facts surrounding 105 such information or report to be made to determine the extent, 106 if any, to which a fraudulent act or any other act or practice 107 which, upon conviction, constitutes a felony or a misdemeanor 108 under this chapter is being committed. The bureau shall report 109 any alleged violations of law which its investigations disclose 110 to the appropriate licensing agency and state attorney or other 111 prosecuting agency having jurisdiction with respect to any such 112 violations of this chapter. If prosecution by the state attorney 113 or other prosecuting agency having jurisdiction with respect to 114 such violation is not begun within 60 days of the bureaus 115 report, the state attorney or other prosecuting agency having 116 jurisdiction with respect to such violation shall inform the 117 bureau of the reasons for the lack of prosecution. 118 Section 5.Subsections (1) and (2) of section 440.1051, 119 Florida Statutes, are amended to read: 120 440.1051Fraud reports; civil immunity; criminal 121 penalties. 122 (1)The Bureau of Workers Compensation Insurance Fraud of 123 the Division of Criminal Investigations Investigative and 124 Forensic Services of the department shall establish a toll-free 125 telephone number to receive reports of workers compensation 126 fraud committed by an employee, employer, insurance provider, 127 physician, attorney, or other person. 128 (2)Any person who reports workers compensation fraud to 129 the Division of Criminal Investigations Investigative and 130 Forensic Services under subsection (1) is immune from civil 131 liability for doing so, and the person or entity alleged to have 132 committed the fraud may not retaliate against him or her for 133 providing such report, unless the person making the report knows 134 it to be false. 135 Section 6.Paragraph (c) of subsection (1) of section 136 440.12, Florida Statutes, is amended to read: 137 440.12Time for commencement and limits on weekly rate of 138 compensation. 139 (1)Compensation is not allowed for the first 7 days of the 140 disability, except for benefits provided under s. 440.13. 141 However, if the injury results in more than 21 days of 142 disability, compensation is allowed from the commencement of the 143 disability. 144 (c)Each carrier shall keep a record of all payments made 145 under this subsection, including the time and manner of such 146 payments, and shall furnish these records or a report based on 147 these records to the Division of Criminal Investigations 148 Investigative and Forensic Services and the Division of Workers 149 Compensation, upon request. 150 Section 7.Subsection (3) of section 552.113, Florida 151 Statutes, is amended to read: 152 552.113Reports of thefts, illegal use, or illegal 153 possession. 154 (3)The Division of Criminal Investigations Investigative 155 and Forensic Services shall investigate, or be certain that a 156 qualified law enforcement agency investigates, the cause and 157 circumstances of each theft, illegal use, or illegal possession 158 of explosives which occurs within the state. A report of each 159 such investigation shall be made and maintained by the Division 160 of Criminal Investigations Investigative and Forensic Services. 161 Section 8.Section 624.115, Florida Statutes, is amended to 162 read: 163 624.115Referral of criminal violations.If, during an 164 investigation or examination, the office has reason to believe 165 that any criminal law of this state has or may have been 166 violated, the office shall refer any relevant records and 167 information to the Division of Criminal Investigations 168 Investigative and Forensic Services, state or federal law 169 enforcement, or prosecutorial agencies, as applicable, and shall 170 provide investigative assistance to those agencies as required. 171 Section 9.Subsection (1) of section 624.521, Florida 172 Statutes, is amended to read: 173 624.521Deposit of certain tax receipts; refund of improper 174 payments. 175 (1)The department shall promptly deposit in the State 176 Treasury to the credit of the Insurance Regulatory Trust Fund 177 all state tax portions of agents licenses collected under s. 178 624.501 necessary to fund the Division of Criminal 179 Investigations Investigative and Forensic Services. The balance 180 of the tax shall be credited to the General Fund. All moneys 181 received by the department or the office not in accordance with 182 this code or not in the exact amount as specified by the 183 applicable provisions of this code shall be returned to the 184 remitter. The records of the department or office shall show the 185 date and reason for such return. 186 Section 10.Subsection (4) of section 626.016, Florida 187 Statutes, is amended to read: 188 626.016Powers and duties of department, commission, and 189 office. 190 (4)This section is not intended to limit the authority of 191 the department and the Division of Criminal Investigations 192 Investigative and Forensic Services, as specified in s. 626.989. 193 Section 11.Section 626.989, Florida Statutes, is amended 194 to read: 195 626.989Investigation by department or Division of Criminal 196 Investigations Investigative and Forensic Services; compliance; 197 immunity; confidential information; reports to division; 198 division investigators power of arrest. 199 (1)For the purposes of this section: 200 (a)A person commits a fraudulent insurance act if the 201 person: 202 1.Knowingly and with intent to defraud presents, causes to 203 be presented, or prepares with knowledge or belief that it will 204 be presented, to or by an insurer, self-insurer, self-insurance 205 fund, servicing corporation, purported insurer, broker, or any 206 agent thereof, any written statement as part of, or in support 207 of, an application for the issuance of, or the rating of, any 208 insurance policy, or a claim for payment or other benefit 209 pursuant to any insurance policy, which the person knows to 210 contain materially false information concerning any fact 211 material thereto or if the person conceals, for the purpose of 212 misleading another, information concerning any fact material 213 thereto. 214 2.Knowingly submits: 215 a.A false, misleading, or fraudulent application or other 216 document when applying for licensure as a health care clinic, 217 seeking an exemption from licensure as a health care clinic, or 218 demonstrating compliance with part X of chapter 400 with an 219 intent to use the license, exemption from licensure, or 220 demonstration of compliance to provide services or seek 221 reimbursement under the Florida Motor Vehicle No-Fault Law. 222 b.A claim for payment or other benefit pursuant to a 223 personal injury protection insurance policy under the Florida 224 Motor Vehicle No-Fault Law if the person knows that the payee 225 knowingly submitted a false, misleading, or fraudulent 226 application or other document when applying for licensure as a 227 health care clinic, seeking an exemption from licensure as a 228 health care clinic, or demonstrating compliance with part X of 229 chapter 400. 230 (b)The term insurer also includes a health maintenance 231 organization, and the term insurance policy also includes a 232 health maintenance organization subscriber contract. 233 (2)If, by its own inquiries or as a result of complaints, 234 the department or its Division of Criminal Investigations 235 Investigative and Forensic Services has reason to believe that a 236 person has engaged in, or is engaging in, a fraudulent insurance 237 act, an act or practice that violates s. 626.9541 or s. 817.234, 238 or an act or practice punishable under s. 624.15, it may 239 administer oaths and affirmations, request the attendance of 240 witnesses or proffering of matter, and collect evidence. The 241 department or its Division of Criminal Investigations 242 Investigative and Forensic Services shall not compel the 243 attendance of any person or matter in any such investigation 244 except pursuant to subsection (4). 245 (3)If matter that the department or its division seeks to 246 obtain by request is located outside the state, the person so 247 requested may make it available to the division or its 248 representative to examine the matter at the place where it is 249 located. The division may designate representatives, including 250 officials of the state in which the matter is located, to 251 inspect the matter on its behalf, and it may respond to similar 252 requests from officials of other states. 253 (4)(a)The department or its division may request that an 254 individual who refuses to comply with any such request be 255 ordered by the circuit court to provide the testimony or matter. 256 The court shall not order such compliance unless the department 257 or its division has demonstrated to the satisfaction of the 258 court that the testimony of the witness or the matter under 259 request has a direct bearing on the commission of a fraudulent 260 insurance act, on a violation of s. 626.9541 or s. 817.234, or 261 on an act or practice punishable under s. 624.15 or is pertinent 262 and necessary to further such investigation. 263 (b)Except in a prosecution for perjury, an individual who 264 complies with a court order to provide testimony or matter after 265 asserting a privilege against self-incrimination to which the 266 individual is entitled by law may not be subjected to a criminal 267 proceeding or to a civil penalty with respect to the act 268 concerning which the individual is required to testify or 269 produce relevant matter. 270 (c)In the absence of fraud or bad faith, a person is not 271 subject to civil liability for libel, slander, or any other 272 relevant tort by virtue of filing reports, without malice, or 273 furnishing other information, without malice, required by this 274 section or required by the department or division under the 275 authority granted in this section, and no civil cause of action 276 of any nature shall arise against such person: 277 1.For any information relating to suspected fraudulent 278 insurance acts or persons suspected of engaging in such acts 279 furnished to or received from law enforcement officials, their 280 agents, or employees; 281 2.For any information relating to suspected fraudulent 282 insurance acts or persons suspected of engaging in such acts 283 furnished to or received from other persons subject to the 284 provisions of this chapter; 285 3.For any such information furnished in reports to the 286 department, the division, the National Insurance Crime Bureau, 287 the National Association of Insurance Commissioners, or any 288 local, state, or federal enforcement officials or their agents 289 or employees; or 290 4.For other actions taken in cooperation with any of the 291 agencies or individuals specified in this paragraph in the 292 lawful investigation of suspected fraudulent insurance acts. 293 (d)In addition to the immunity granted in paragraph (c), 294 persons identified as designated employees whose 295 responsibilities include the investigation and disposition of 296 claims relating to suspected fraudulent insurance acts may share 297 information relating to persons suspected of committing 298 fraudulent insurance acts with other designated employees 299 employed by the same or other insurers whose responsibilities 300 include the investigation and disposition of claims relating to 301 fraudulent insurance acts, provided the department has been 302 given written notice of the names and job titles of such 303 designated employees prior to such designated employees sharing 304 information. Unless the designated employees of the insurer act 305 in bad faith or in reckless disregard for the rights of any 306 insured, neither the insurer nor its designated employees are 307 civilly liable for libel, slander, or any other relevant tort, 308 and a civil action does not arise against the insurer or its 309 designated employees: 310 1.For any information related to suspected fraudulent 311 insurance acts provided to an insurer; or 312 2.For any information relating to suspected fraudulent 313 insurance acts provided to the National Insurance Crime Bureau 314 or the National Association of Insurance Commissioners. 315 316 Provided, however, that the qualified immunity against civil 317 liability conferred on any insurer or its designated employees 318 shall be forfeited with respect to the exchange or publication 319 of any defamatory information with third persons not expressly 320 authorized by this paragraph to share in such information. 321 (e)The Chief Financial Officer and any employee or agent 322 of the department, commission, office, or division, when acting 323 without malice and in the absence of fraud or bad faith, is not 324 subject to civil liability for libel, slander, or any other 325 relevant tort, and no civil cause of action of any nature exists 326 against such person by virtue of the execution of official 327 activities or duties of the department, commission, or office 328 under this section or by virtue of the publication of any report 329 or bulletin related to the official activities or duties of the 330 department, division, commission, or office under this section. 331 (f)This section does not abrogate or modify in any way any 332 common-law or statutory privilege or immunity heretofore enjoyed 333 by any person. 334 (5)The offices and the departments papers, documents, 335 reports, or evidence relative to the subject of an investigation 336 under this section are confidential and exempt from the 337 provisions of s. 119.07(1) until such investigation is completed 338 or ceases to be active. For purposes of this subsection, an 339 investigation is considered active while the investigation is 340 being conducted by the office or department with a reasonable, 341 good faith belief that it could lead to the filing of 342 administrative, civil, or criminal proceedings. An investigation 343 does not cease to be active if the office or department is 344 proceeding with reasonable dispatch and has a good faith belief 345 that action could be initiated by the office or department or 346 other administrative or law enforcement agency. After an 347 investigation is completed or ceases to be active, portions of 348 records relating to the investigation shall remain exempt from 349 the provisions of s. 119.07(1) if disclosure would: 350 (a)Jeopardize the integrity of another active 351 investigation; 352 (b)Impair the safety and soundness of an insurer; 353 (c)Reveal personal financial information; 354 (d)Reveal the identity of a confidential source; 355 (e)Defame or cause unwarranted damage to the good name or 356 reputation of an individual or jeopardize the safety of an 357 individual; or 358 (f)Reveal investigative techniques or procedures. Further, 359 such papers, documents, reports, or evidence relative to the 360 subject of an investigation under this section shall not be 361 subject to discovery until the investigation is completed or 362 ceases to be active. Office, department, or division 363 investigators shall not be subject to subpoena in civil actions 364 by any court of this state to testify concerning any matter of 365 which they have knowledge pursuant to a pending insurance fraud 366 investigation by the division. 367 (6)(a)Any person, other than an insurer, agent, or other 368 person licensed under the code, or an employee thereof, having 369 knowledge or who believes that a fraudulent insurance act or any 370 other act or practice which, upon conviction, constitutes a 371 felony or a misdemeanor under the code, or under s. 817.234, is 372 being or has been committed may send to the Division of Criminal 373 Investigations Investigative and Forensic Services a report or 374 information pertinent to such knowledge or belief and such 375 additional information relative thereto as the department may 376 request. Any professional practitioner licensed or regulated by 377 the Department of Business and Professional Regulation, except 378 as otherwise provided by law, any medical review committee as 379 defined in s. 766.101, any private medical review committee, and 380 any insurer, agent, or other person licensed under the code, or 381 an employee thereof, having knowledge or who believes that a 382 fraudulent insurance act or any other act or practice which, 383 upon conviction, constitutes a felony or a misdemeanor under the 384 code, or under s. 817.234, is being or has been committed shall 385 send to the Division of Criminal Investigations Investigative 386 and Forensic Services a report or information pertinent to such 387 knowledge or belief and such additional information relative 388 thereto as the department may require. 389 (b)The Division of Criminal Investigations Investigative 390 and Forensic Services shall review such information or reports 391 and select such information or reports as, in its judgment, may 392 require further investigation. It shall then cause an 393 independent examination of the facts surrounding such 394 information or report to be made to determine the extent, if 395 any, to which a fraudulent insurance act or any other act or 396 practice which, upon conviction, constitutes a felony or a 397 misdemeanor under the code, or under s. 817.234, is being 398 committed. 399 (c)The Division of Criminal Investigations Investigative 400 and Forensic Services shall report any alleged violations of law 401 which its investigations disclose to the appropriate licensing 402 agency and state attorney or other prosecuting agency having 403 jurisdiction, including, but not limited to, the statewide 404 prosecutor for crimes that impact two or more judicial circuits 405 in this state, with respect to any such violation, as provided 406 in s. 624.310. The state attorney or other prosecuting agency 407 having jurisdiction with respect to such violation shall inform 408 the division of any reasons why prosecution of such violation 409 was: 410 1.Not begun within 60 days after the divisions report; or 411 2.Declined. 412 (7)Division investigators shall have the power to make 413 arrests for criminal violations established as a result of 414 investigations. Such investigators shall also be considered 415 state law enforcement officers for all purposes and shall have 416 the power to execute arrest warrants and search warrants; to 417 serve subpoenas issued for the examination, investigation, and 418 trial of all offenses; and to arrest upon probable cause without 419 warrant any person found in the act of violating any of the 420 provisions of applicable laws. Investigators empowered to make 421 arrests under this section shall be empowered to bear arms in 422 the performance of their duties. In such a situation, the 423 investigator must be certified in compliance with the provisions 424 of s. 943.1395 or must meet the temporary employment or 425 appointment exemption requirements of s. 943.131 until 426 certified. 427 (8)It is unlawful for any person to resist an arrest 428 authorized by this section or in any manner to interfere, either 429 by abetting or assisting such resistance or otherwise 430 interfering, with division investigators in the duties imposed 431 upon them by law or department rule. 432 (9)In recognition of the complementary roles of 433 investigating instances of workers compensation fraud and 434 enforcing compliance with the workers compensation coverage 435 requirements under chapter 440, the Department of Financial 436 Services shall prepare and submit a joint performance report to 437 the President of the Senate and the Speaker of the House of 438 Representatives by January 1 of each year. The annual report 439 must include, but need not be limited to: 440 (a)The total number of initial referrals received, cases 441 opened, cases presented for prosecution, cases closed, and 442 convictions resulting from cases presented for prosecution by 443 the Bureau of Workers Compensation Insurance Fraud by type of 444 workers compensation fraud and circuit. 445 (b)The number of referrals received from insurers and the 446 Division of Workers Compensation and the outcome of those 447 referrals. 448 (c)The number of investigations undertaken by the Bureau 449 of Workers Compensation Insurance Fraud which were not the 450 result of a referral from an insurer or the Division of Workers 451 Compensation. 452 (d)The number of investigations that resulted in a 453 referral to a regulatory agency and the disposition of those 454 referrals. 455 (e)The number and reasons provided by local prosecutors or 456 the statewide prosecutor for declining prosecution of a case 457 presented by the Bureau of Workers Compensation Insurance Fraud 458 by circuit. 459 (f)The total number of employees assigned to the Bureau of 460 Workers Compensation Insurance Fraud and the Division of 461 Workers Compensation Bureau of Compliance delineated by 462 location of staff assigned; and the number and location of 463 employees assigned to the Bureau of Workers Compensation 464 Insurance Fraud who were assigned to work other types of fraud 465 cases. 466 (g)The average caseload and turnaround time by type of 467 case for each investigator and division compliance employee. 468 (h)The training provided during the year to workers 469 compensation fraud investigators and the divisions compliance 470 employees. 471 (10)The Bureau of Insurance Fraud of the Division of 472 Criminal Investigations Investigative and Forensic Services 473 shall prepare and submit a performance report to the President 474 of the Senate and the Speaker of the House of Representatives by 475 September 1 of each year. The annual report must include, but 476 need not be limited to: 477 (a)The total number of initial referrals received, cases 478 opened, cases presented for prosecution, cases closed, and 479 convictions resulting from cases presented for prosecution by 480 the Bureau of Insurance Fraud, by type of insurance fraud and 481 circuit. 482 (b)The number of referrals received from insurers, the 483 office, and the Division of Consumer Services of the department, 484 and the outcome of those referrals. 485 (c)The number of investigations undertaken by the Bureau 486 of Insurance Fraud which were not the result of a referral from 487 an insurer and the outcome of those referrals. 488 (d)The number of investigations that resulted in a 489 referral to a regulatory agency and the disposition of those 490 referrals. 491 (e)The number of cases presented by the Bureau of 492 Insurance Fraud which local prosecutors or the statewide 493 prosecutor declined to prosecute and the reasons provided for 494 declining prosecution. 495 (f)A summary of the annual report required under s. 496 626.9896. 497 (g)The total number of employees assigned to the Bureau of 498 Insurance Fraud, delineated by location of staff assigned, and 499 the number and location of employees assigned to the Bureau of 500 Insurance Fraud who were assigned to work other types of fraud 501 cases. 502 (h)The average caseload and turnaround time by type of 503 case for each investigator. 504 (i)The training provided during the year to insurance 505 fraud investigators. 506 Section 12.Paragraph (d) of subsection (2), paragraph (b) 507 of subsection (3), paragraphs (h) and (k) of subsection (5), 508 paragraph (c) of subsection (6), and subsection (9) of section 509 626.9891, Florida Statutes, are amended to read: 510 626.9891Insurer anti-fraud investigative units; reporting 511 requirements; penalties for noncompliance. 512 (2)Every insurer admitted to do business in this state 513 shall: 514 (d)Electronically file with the Division of Criminal 515 Investigations Investigative and Forensic Services of the 516 department, and annually thereafter, a detailed description of 517 the designated anti-fraud unit or division or a copy of the 518 contract executed under subparagraph (a)2., as applicable, a 519 copy of the anti-fraud plan, and the name of the employee 520 designated under paragraph (c). 521 522 An insurer must include the additional cost incurred in creating 523 a distinct unit or division, hiring additional employees, or 524 contracting with another entity to fulfill the requirements of 525 this section, as an administrative expense for ratemaking 526 purposes. 527 (3)Each anti-fraud plan must include: 528 (b)An acknowledgment that the insurer has established 529 procedures for the mandatory reporting of possible fraudulent 530 insurance acts to the Division of Criminal Investigations 531 Investigative and Forensic Services of the department; 532 (5)Each insurer is required to report data related to 533 fraud for each identified line of business written by the 534 insurer during the prior calendar year. The data shall be 535 reported to the department annually by March 1, and must 536 include, at a minimum: 537 (h)The number of cases referred to the Division of 538 Criminal Investigations Investigative and Forensic Services; 539 (k)The estimated dollar amount or range of damages on 540 cases referred to the Division of Criminal Investigations 541 Investigative and Forensic Services or other agencies. 542 (6)In addition to providing information required under 543 subsections (2), (4), and (5), each insurer writing workers 544 compensation insurance shall also report the following 545 information to the department, annually, on or before March 1: 546 (c)The number of cases referred to the Division of 547 Criminal Investigations Investigative and Forensic Services, 548 delineated by the type of fraud, including claimant, employer, 549 provider, agent, or other type. 550 (9)On or before December 31, 2018, The Division of 551 Criminal Investigations Investigative and Forensic Services 552 shall create a report detailing best practices for the 553 detection, investigation, prevention, and reporting of insurance 554 fraud and other fraudulent insurance acts. The report must be 555 updated as necessary but at least every 2 years. The report must 556 provide: 557 (a)Information on the best practices for the establishment 558 of anti-fraud investigative units within insurers; 559 (b)Information on the best practices and methods for 560 detecting and investigating insurance fraud and other fraudulent 561 insurance acts; 562 (c)Information on appropriate anti-fraud education and 563 training of insurer personnel; 564 (d)Information on the best practices for reporting 565 insurance fraud and other fraudulent insurance acts to the 566 Division of Criminal Investigations Investigative and Forensic 567 Services and to other law enforcement agencies; 568 (e)Information regarding the appropriate level of staffing 569 and resources for anti-fraud investigative units within 570 insurers; 571 (f)Information detailing statistics and data relating to 572 insurance fraud which insurers should maintain; and 573 (g)Other information as determined by the Division of 574 Criminal Investigations Investigative and Forensic Services. 575 Section 13.Subsection (1) of section 626.9893, Florida 576 Statutes, is amended to read: 577 626.9893Disposition of revenues; criminal or forfeiture 578 proceedings. 579 (1)The Division of Criminal Investigations Investigative 580 and Forensic Services of the Department of Financial Services 581 may deposit revenues received as a result of criminal 582 proceedings or forfeiture proceedings, other than revenues 583 deposited into the Department of Financial Services Federal Law 584 Enforcement Trust Fund under s. 17.43, into the Insurance 585 Regulatory Trust Fund. Moneys deposited pursuant to this section 586 shall be separately accounted for and shall be used solely for 587 the division to carry out its duties and responsibilities. 588 Section 14.Subsection (2) of section 626.9894, Florida 589 Statutes, is amended to read: 590 626.9894Gifts and grants. 591 (2)All rights to, interest in, and title to such donated 592 or granted property shall immediately vest in the Division of 593 Criminal Investigations Investigative and Forensic Services upon 594 donation. The division may hold such property in co-ownership, 595 sell its interest in the property, liquidate its interest in the 596 property, or dispose of its interest in the property in any 597 other reasonable manner. 598 Section 15.Section 626.9896, Florida Statutes, is amended 599 to read: 600 626.9896Dedicated insurance fraud prosecutors. 601 (1)The department shall collect data from each state 602 attorney office that receives an appropriation to fund attorneys 603 and paralegals dedicated solely to the prosecution of insurance 604 fraud cases and report on the use of such funds. The data must 605 be submitted by the state attorneys to the Division of Criminal 606 Investigations Investigative and Forensic Services on the last 607 day of each calendar quarter beginning September 30, 2017, and 608 quarterly thereafter. Data must be submitted for each attorney 609 funded by the appropriation and grouped by case type, including 610 Division of Criminal Investigations Investigative and Forensic 611 Services insurance fraud cases, other insurance fraud cases, and 612 cases not involving insurance fraud. For each type of case, the 613 data must include the number of cases in which an information 614 has been filed; the number of cases pending at pretrial or 615 intake; the number of cases in which the attorney is assisting 616 in the investigation; the number of cases closed or disposed of 617 during the prior quarter; the disposition of the cases closed 618 during the prior quarter; and the number of cases currently 619 pending in a pretrial diversion program. 620 (2)The Division of Criminal Investigations Investigative 621 and Forensic Services must report the data collected pursuant to 622 subsection (1) for the year ending June 30, to the Executive 623 Office of the Governor, the Speaker of the House of 624 Representatives, and the President of the Senate by September 1, 625 2018, and annually thereafter. 626 Section 16.Section 626.99278, Florida Statutes, is amended 627 to read: 628 626.99278Viatical provider anti-fraud plan.Every licensed 629 viatical settlement provider and registered life expectancy 630 provider must adopt an anti-fraud plan and file it with the 631 Division of Criminal Investigations Investigative and Forensic 632 Services of the department. Each anti-fraud plan shall include: 633 (1)A description of the procedures for detecting and 634 investigating possible fraudulent acts and procedures for 635 resolving material inconsistencies between medical records and 636 insurance applications. 637 (2)A description of the procedures for the mandatory 638 reporting of possible fraudulent insurance acts and prohibited 639 practices set forth in s. 626.99275 to the Division of Criminal 640 Investigations Investigative and Forensic Services of the 641 department. 642 (3)A description of the plan for anti-fraud education and 643 training of its underwriters or other personnel. 644 (4)A written description or chart outlining the 645 organizational arrangement of the anti-fraud personnel who are 646 responsible for the investigation and reporting of possible 647 fraudulent insurance acts and for the investigation of 648 unresolved material inconsistencies between medical records and 649 insurance applications. 650 (5)For viatical settlement providers, a description of the 651 procedures used to perform initial and continuing review of the 652 accuracy of life expectancies used in connection with a viatical 653 settlement contract or viatical settlement investment. 654 Section 17.Paragraph (k) of subsection (6) of section 655 627.351, Florida Statutes, is amended to read: 656 627.351Insurance risk apportionment plans. 657 (6)CITIZENS PROPERTY INSURANCE CORPORATION. 658 (k)1.The corporation shall establish and maintain a unit 659 or division to investigate possible fraudulent claims by 660 insureds or by persons making claims for services or repairs 661 against policies held by insureds; or it may contract with 662 others to investigate possible fraudulent claims for services or 663 repairs against policies held by the corporation pursuant to s. 664 626.9891. The corporation must comply with reporting 665 requirements of s. 626.9891. An employee of the corporation 666 shall notify the corporations Office of the Inspector General 667 and the Division of Criminal Investigations Investigative and 668 Forensic Services within 48 hours after having information that 669 would lead a reasonable person to suspect that fraud may have 670 been committed by any employee of the corporation. 671 2.The corporation shall establish a unit or division 672 responsible for receiving and responding to consumer complaints, 673 which unit or division is the sole responsibility of a senior 674 manager of the corporation. 675 Section 18.Subsection (7) of section 627.711, Florida 676 Statutes, is amended to read: 677 627.711Notice of premium discounts for hurricane loss 678 mitigation; uniform mitigation verification inspection form. 679 (7)An insurer, person, or other entity that obtains 680 evidence of fraud or evidence that an authorized mitigation 681 inspector or an employee authorized to conduct mitigation 682 verification inspections under subsection (3) has made false 683 statements in the completion of a mitigation inspection form 684 shall file a report with the Division of Criminal Investigations 685 Investigative and Forensic Services, along with all of the 686 evidence in its possession that supports the allegation of fraud 687 or falsity. An insurer, person, or other entity making the 688 report shall be immune from liability, in accordance with s. 689 626.989(4), for any statements made in the report, during the 690 investigation, or in connection with the report. The Division of 691 Criminal Investigations Investigative and Forensic Services 692 shall issue an investigative report if it finds that probable 693 cause exists to believe that the authorized mitigation 694 inspector, or an employee authorized to conduct mitigation 695 verification inspections under subsection (3), made 696 intentionally false or fraudulent statements in the inspection 697 form. Upon conclusion of the investigation and a finding of 698 probable cause that a violation has occurred, the Division of 699 Criminal Investigations Investigative and Forensic Services 700 shall send a copy of the investigative report to the office and 701 a copy to the agency responsible for the professional licensure 702 of the authorized mitigation inspector, whether or not a 703 prosecutor takes action based upon the report. 704 Section 19.Paragraph (i) of subsection (4) and subsection 705 (14) of section 627.736, Florida Statutes, are amended to read: 706 627.736Required personal injury protection benefits; 707 exclusions; priority; claims. 708 (4)PAYMENT OF BENEFITS.Benefits due from an insurer under 709 ss. 627.730-627.7405 are primary, except that benefits received 710 under any workers compensation law must be credited against the 711 benefits provided by subsection (1) and are due and payable as 712 loss accrues upon receipt of reasonable proof of such loss and 713 the amount of expenses and loss incurred which are covered by 714 the policy issued under ss. 627.730-627.7405. If the Agency for 715 Health Care Administration provides, pays, or becomes liable for 716 medical assistance under the Medicaid program related to injury, 717 sickness, disease, or death arising out of the ownership, 718 maintenance, or use of a motor vehicle, the benefits under ss. 719 627.730-627.7405 are subject to the Medicaid program. However, 720 within 30 days after receiving notice that the Medicaid program 721 paid such benefits, the insurer shall repay the full amount of 722 the benefits to the Medicaid program. 723 (i)If an insurer has a reasonable belief that a fraudulent 724 insurance act, for the purposes of s. 626.989 or s. 817.234, has 725 been committed, the insurer shall notify the claimant, in 726 writing, within 30 days after submission of the claim that the 727 claim is being investigated for suspected fraud. Beginning at 728 the end of the initial 30-day period, the insurer has an 729 additional 60 days to conduct its fraud investigation. 730 Notwithstanding subsection (10), no later than 90 days after the 731 submission of the claim, the insurer must deny the claim or pay 732 the claim with simple interest as provided in paragraph (d). 733 Interest shall be assessed from the day the claim was submitted 734 until the day the claim is paid. All claims denied for suspected 735 fraudulent insurance acts shall be reported to the Division of 736 Criminal Investigations Investigative and Forensic Services. 737 (14)FRAUD ADVISORY NOTICE.Upon receiving notice of a 738 claim under this section, an insurer shall provide a notice to 739 the insured or to a person for whom a claim for reimbursement 740 for diagnosis or treatment of injuries has been filed, advising 741 that: 742 (a)Pursuant to s. 626.9892, the Department of Financial 743 Services may pay rewards of up to $25,000 to persons providing 744 information leading to the arrest and conviction of persons 745 committing crimes investigated by the Division of Criminal 746 Investigations Investigative and Forensic Services arising from 747 violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or 748 s. 817.234. 749 (b)Solicitation of a person injured in a motor vehicle 750 crash for purposes of filing personal injury protection or tort 751 claims could be a violation of s. 817.234, s. 817.505, or the 752 rules regulating The Florida Bar and should be immediately 753 reported to the Division of Criminal Investigations 754 Investigative and Forensic Services if such conduct has taken 755 place. 756 Section 20.Paragraphs (b) and (c) of subsection (1) of 757 section 627.7401, Florida Statutes, are amended to read: 758 627.7401Notification of insureds rights. 759 (1)The commission, by rule, shall adopt a form for the 760 notification of insureds of their right to receive personal 761 injury protection benefits under the Florida Motor Vehicle No 762 Fault Law. Such notice shall include: 763 (b)An advisory informing insureds that: 764 1.Pursuant to s. 626.9892, the Department of Financial 765 Services may pay rewards of up to $25,000 to persons providing 766 information leading to the arrest and conviction of persons 767 committing crimes investigated by the Division of Criminal 768 Investigations Investigative and Forensic Services arising from 769 violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or 770 s. 817.234. 771 2.Pursuant to s. 627.736(5)(e)1., if the insured notifies 772 the insurer of a billing error, the insured may be entitled to a 773 certain percentage of a reduction in the amount paid by the 774 insureds motor vehicle insurer. 775 (c)A notice that solicitation of a person injured in a 776 motor vehicle crash for purposes of filing personal injury 777 protection or tort claims could be a violation of s. 817.234, s 778 817.505, or the rules regulating The Florida Bar and should be 779 immediately reported to the Division of Criminal Investigations 780 Investigative and Forensic Services if such conduct has taken 781 place. 782 Section 21.Subsection (2) of section 631.156, Florida 783 Statutes, is amended to read: 784 631.156Investigation by the department; scope of 785 authority; sharing of materials. 786 (2)The department may provide documents, books, and 787 records; other investigative products, work product, and 788 analysis; and copies of any or all of such materials to the 789 Division of Criminal Investigations Investigative and Forensic 790 Services or any other appropriate government agency. The sharing 791 of these materials does not waive any work product or other 792 privilege otherwise applicable under law. 793 Section 22.Subsection (1) of section 633.114, Florida 794 Statutes, is amended to read: 795 633.114State Fire Marshal agents; authority; duties; 796 compensation. 797 (1)The State Fire Marshal shall appoint such agents, 798 including agents of the Division of Criminal Investigations 799 Investigative and Forensic Services, as may be necessary to 800 carry out effectively this chapter, who shall be reimbursed for 801 travel expenses as provided in s. 112.061, in addition to their 802 salary, when traveling or making investigations in the 803 performance of their duties. Such agents, including agents of 804 the Division of Criminal Investigations Investigative and 805 Forensic Services, shall be at all times under the direction and 806 control of the State Fire Marshal, who shall fix their 807 compensation, and all orders shall be issued in the State Fire 808 Marshals name and by her or his authority. 809 Section 23.Paragraph (b) of subsection (1) and subsection 810 (10) of section 633.126, Florida Statutes, are amended to read: 811 633.126Investigation of fraudulent insurance claims and 812 crimes; immunity of insurance companies supplying information. 813 (1) 814 (b)The State Fire Marshal or an agent appointed pursuant 815 to s. 633.114, an agent of the Division of Criminal 816 Investigations Investigative and Forensic Services, any law 817 enforcement officer as defined in s. 111.065, any law 818 enforcement officer of a federal agency, or any fire service 819 provider official who is engaged in the investigation of a fire 820 or explosion loss may request any insurance company or its 821 agent, adjuster, employee, or attorney, investigating a claim 822 under an insurance policy or contract with respect to a fire or 823 explosion to release any information whatsoever in the 824 possession of the insurance company or its agent, adjuster, 825 employee, or attorney relative to a loss from that fire or 826 explosion. The insurance company shall release the available 827 information to and cooperate with any official authorized to 828 request such information pursuant to this section. The 829 information shall include, but shall not be limited to: 830 1.Any insurance policy relevant to a loss under 831 investigation and any application for such a policy. 832 2.Any policy premium payment records. 833 3.The records, reports, and all material pertaining to any 834 previous claims made by the insured with the reporting company. 835 4.Material relating to the investigation of the loss, 836 including statements of a person, proof of loss, and other 837 relevant evidence. 838 5.Memoranda, notes, and correspondence relating to the 839 investigation of the loss in the possession of the insurance 840 company or its agents, adjusters, employees, or attorneys. 841 (10)The Division of Criminal Investigations Investigative 842 and Forensic Services may adopt reasonable rules as are 843 necessary to administer this section. Such rules must meet all 844 of the following requirements: 845 (a)They may not enlarge upon or extend the provisions of 846 this section. 847 (b)They must identify specific factors that determine the 848 grades of penalty. 849 (c)They must specify mitigating and aggravating factors 850 for a violation of this section. 851 Section 24.Subsection (4) of section 641.30, Florida 852 Statutes, is amended to read: 853 641.30Construction and relationship to other laws. 854 (4)The Division of Criminal Investigations Investigative 855 and Forensic Services of the department is vested with all 856 powers granted to it under the Florida Insurance Code with 857 respect to the investigation of any violation of this part. 858 Section 25.Subsection (3) of section 791.013, Florida 859 Statutes, is amended to read: 860 791.013Testing and approval of sparklers; penalties. 861 (3)For purposes of the testing requirement by this 862 section, the division shall perform such tests as are necessary 863 to determine compliance with the performance standards in the 864 definition of sparklers, pursuant to s. 791.01. The State Fire 865 Marshal shall adopt, by rule, procedures for testing products to 866 determine compliance with this chapter. The Division of Criminal 867 Investigations Investigative and Forensic Services shall dispose 868 of any samples which remain after testing. 869 Section 26.Paragraph (b) of subsection (5) of section 870 817.234, Florida Statutes, is amended to read: 871 817.234False and fraudulent insurance claims. 872 (5) 873 (b)If an insurer damaged as a result of a violation of any 874 provision of this section has reported the possible fraudulent 875 insurance act to the Division of Criminal Investigations 876 Investigative and Forensic Services pursuant to s. 626.9891 and 877 if there has been a criminal adjudication of guilt, the insurer 878 is entitled to recover reasonable investigation and litigation 879 expenses, including attorney fees, at the trial and appellate 880 courts. 881 Section 27.Section 843.08, Florida Statutes, is amended to 882 read: 883 843.08False personation.A person who falsely assumes or 884 pretends to be a firefighter, a sheriff, an officer of the 885 Florida Highway Patrol, an officer of the Fish and Wildlife 886 Conservation Commission, an officer of the Department of 887 Environmental Protection, an officer of the Department of 888 Financial Services, any personnel or representative of the 889 Division of Criminal Investigations Investigative and Forensic 890 Services, an officer of the Department of Corrections, a 891 correctional probation officer, a deputy sheriff, a state 892 attorney or an assistant state attorney, a statewide prosecutor 893 or an assistant statewide prosecutor, a state attorney 894 investigator, a coroner, a police officer, a lottery special 895 agent or lottery investigator, a beverage enforcement agent, a 896 school guardian as described in s. 30.15(1)(k), a security 897 officer licensed under chapter 493, any member of the Florida 898 Commission on Offender Review or any administrative aide or 899 supervisor employed by the commission, any personnel or 900 representative of the Department of Law Enforcement, or a 901 federal law enforcement officer as defined in s. 901.1505, and 902 takes upon himself or herself to act as such, or to require any 903 other person to aid or assist him or her in a matter pertaining 904 to the duty of any such officer, commits a felony of the third 905 degree, punishable as provided in s. 775.082, s. 775.083, or s. 906 775.084. However, a person who falsely personates any such 907 officer during the course of the commission of a felony commits 908 a felony of the second degree, punishable as provided in s. 909 775.082, s. 775.083, or s. 775.084. If the commission of the 910 felony results in the death or personal injury of another human 911 being, the person commits a felony of the first degree, 912 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 913 In determining whether a defendant has violated this section, 914 the court or jury may consider any relevant evidence, including, 915 but not limited to, whether the defendant used lights in 916 violation of s. 316.2397 or s. 843.081. 917 Section 28.Paragraphs (l) and (m) of subsection (6) of 918 section 932.7055, Florida Statutes, are amended to read: 919 932.7055Disposition of liens and forfeited property. 920 (6)If the seizing agency is a state agency, all remaining 921 proceeds shall be deposited into the General Revenue Fund. 922 However, if the seizing agency is: 923 (l)The Division of Criminal Investigations Investigative 924 and Forensic Services in the Department of Financial Services, 925 the proceeds accrued under the Florida Contraband Forfeiture Act 926 shall be deposited into the Insurance Regulatory Trust Fund to 927 be used for the purposes of arson suppression, arson 928 investigation, and the funding of anti-arson rewards. 929 (m)The Division of Criminal Investigations Investigative 930 and Forensic Services of the Department of Financial Services, 931 the proceeds accrued pursuant to the Florida Contraband 932 Forfeiture Act shall be deposited into the Insurance Regulatory 933 Trust Fund as provided in s. 626.9893 or into the Department of 934 Financial Services Federal Law Enforcement Trust Fund as 935 provided in s. 17.43, as applicable. 936 Revisers note.Amended pursuant to the directive of the 937 Legislature in s. 63, ch. 2024-140, Laws of Florida, to the 938 Division of Law Revision to prepare a revisers bill for 939 the 2025 Regular Session of the Legislature to change the 940 term Division of Investigative and Forensic Services to 941 Division of Criminal Investigations wherever it appears 942 in the Florida Statutes. 943 Section 29.This act shall take effect on the 60th day 944 after adjournment sine die of the session of the Legislature in 945 which enacted.