The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.234

817.234 False and fraudulent insurance claims.—

(1)(a) A person commits insurance fraud punishable as provided in subsection (11) if that person, with the intent to injure, defraud, or deceive any insurer:

1. Presents or causes to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy or a health maintenance organization subscriber or provider contract, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim;

2. Prepares or makes any written or oral statement that is intended to be presented to any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy or a health maintenance organization subscriber or provider contract, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim;

3.a. Knowingly presents, causes to be presented, or prepares or makes with knowledge or belief that it will be presented to any insurer, purported insurer, servicing corporation, insurance broker, or insurance agent, or any employee or agent thereof, any false, incomplete, or misleading information or written or oral statement as part of, or in support of, an application for the issuance of, or the rating of, any insurance policy, or a health maintenance organization subscriber or provider contract; or

b. Knowingly conceals information concerning any fact material to such application; or

4. Knowingly presents, causes to be presented, or prepares or makes with knowledge or belief that it will be presented to any insurer a claim for payment or other benefit under a personal injury protection insurance policy if the person knows that the payee knowingly submitted a false, misleading, or fraudulent application or other document when applying for licensure as a health care clinic, seeking an exemption from licensure as a health care clinic, or demonstrating compliance with part X of chapter 400.

(b) All claims and application forms must contain a statement that is approved by the Office of Insurance Regulation of the Financial Services Commission which clearly states in substance the following: “Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.” This paragraph does not apply to reinsurance contracts, reinsurance agreements, or reinsurance claims transactions.

(2)(a) Any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, or other practitioner licensed under the laws of this state who knowingly and willfully assists, conspires with, or urges any insured party to fraudulently violate any of the provisions of this section or part XI of chapter 627, or any person who, due to such assistance, conspiracy, or urging by said physician, osteopathic physician, chiropractic physician, or practitioner, knowingly and willfully benefits from the proceeds derived from the use of such fraud, commits insurance fraud, punishable as provided in subsection (11). In the event that a physician, osteopathic physician, chiropractic physician, or practitioner is adjudicated guilty of a violation of this section, the Board of Medicine as set forth in chapter 458, the Board of Osteopathic Medicine as set forth in chapter 459, the Board of Chiropractic Medicine as set forth in chapter 460, or other appropriate licensing authority shall hold an administrative hearing to consider the imposition of administrative sanctions as provided by law against said physician, osteopathic physician, chiropractic physician, or practitioner.

(b) In addition to any other provision of law, systematic upcoding by a provider, as defined in s. 641.19(14), with the intent to obtain reimbursement otherwise not due from an insurer is punishable as provided in s. 641.52(5).

(3) Any attorney who knowingly and willfully assists, conspires with, or urges any claimant to fraudulently violate any of the provisions of this section or part XI of chapter 627, or any person who, due to such assistance, conspiracy, or urging on such attorney’s part, knowingly and willfully benefits from the proceeds derived from the use of such fraud, commits insurance fraud, punishable as provided in subsection (11).

(4) Any person or governmental unit licensed under chapter 395 to maintain or operate a hospital, and any administrator or employee of any such hospital, who knowingly and willfully allows the use of the facilities of said hospital by an insured party in a scheme or conspiracy to fraudulently violate any of the provisions of this section or part XI of chapter 627 commits insurance fraud, punishable as provided in subsection (11). Any adjudication of guilt for a violation of this subsection, or the use of business practices demonstrating a pattern indicating that the spirit of the law set forth in this section or part XI of chapter 627 is not being followed, shall be grounds for suspension or revocation of the license to operate the hospital or the imposition of an administrative penalty of up to $5,000 by the licensing agency, as set forth in chapter 395.

(5)(a) Any insurer damaged as a result of a violation of any provision of this section when there has been a criminal adjudication of guilt shall have a cause of action to recover compensatory damages, plus all reasonable investigation and litigation expenses, including attorney fees, at the trial and appellate courts.

(b) If an insurer damaged as a result of a violation of any provision of this section has reported the possible fraudulent insurance act to the Division of Investigative and Forensic Services pursuant to s. 626.9891 and if there has been a criminal adjudication of guilt, the insurer is entitled to recover reasonable investigation and litigation expenses, including attorney fees, at the trial and appellate courts.

(6) For the purposes of this section, “statement” includes, but is not limited to, any notice, statement, proof of loss, bill of lading, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, X ray, test result, or other evidence of loss, injury, or expense.

(7)(a) It shall constitute a material omission and insurance fraud, punishable as provided in subsection (11), for any service provider, other than a hospital, to engage in a general business practice of billing amounts as its usual and customary charge, if such provider has agreed with the insured or intends to waive deductibles or copayments, or does not for any other reason intend to collect the total amount of such charge. With respect to a determination as to whether a service provider has engaged in such general business practice, consideration shall be given to evidence of whether the physician or other provider made a good faith attempt to collect such deductible or copayment. This paragraph does not apply to physicians or other providers who waive deductibles or copayments or reduce their bills as part of a bodily injury settlement or verdict.

(b) The provisions of this section shall also apply as to any insurer or adjusting firm or its agents or representatives who, with intent, injure, defraud, or deceive any claimant with regard to any claim. The claimant shall have the right to recover the damages provided in this section.

(c) An insurer, or any person acting at the direction of or on behalf of an insurer, may not change an opinion in a mental or physical report prepared under s. 627.736(7) or direct the physician preparing the report to change such opinion; however, this provision does not preclude the insurer from calling to the attention of the physician errors of fact in the report based upon information in the claim file. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) A contractor, or a person acting on behalf of a contractor, may not knowingly or willfully and with intent to injure, defraud, or deceive, pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor, or a person acting on behalf of a contractor, for repairs to property covered by a property insurance policy. A person who violates this paragraph commits a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8)(a) It is unlawful for any person intending to defraud any other person to solicit or cause to be solicited any business from a person involved in a motor vehicle accident for the purpose of making, adjusting, or settling motor vehicle tort claims or claims for personal injury protection benefits required by s. 627.736. Any person who violates the provisions of this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who is convicted of a violation of this subsection shall be sentenced to a minimum term of imprisonment of 2 years.

(b) A person may not solicit or cause to be solicited any business from a person involved in a motor vehicle accident by any means of communication other than advertising directed to the public for the purpose of making motor vehicle tort claims or claims for personal injury protection benefits required by s. 627.736, within 60 days after the occurrence of the motor vehicle accident. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A lawyer, health care practitioner as defined in s. 456.001, or owner or medical director of a clinic required to be licensed pursuant to s. 400.9905 may not, at any time after 60 days have elapsed from the occurrence of a motor vehicle accident, solicit or cause to be solicited any business from a person involved in a motor vehicle accident by means of in person or telephone contact at the person’s residence, for the purpose of making motor vehicle tort claims or claims for personal injury protection benefits required by s. 627.736. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) Charges for any services rendered by any person who violates this subsection in regard to the person for whom such services were rendered are noncompensable and unenforceable as a matter of law.

(9) A person may not organize, plan, or knowingly participate in an intentional motor vehicle crash or a scheme to create documentation of a motor vehicle crash that did not occur for the purpose of making motor vehicle tort claims or claims for personal injury protection benefits as required by s. 627.736. Any person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who is convicted of a violation of this subsection shall be sentenced to a minimum term of imprisonment of 2 years.

(10) A licensed health care practitioner who is found guilty of insurance fraud under this section for an act relating to a personal injury protection insurance policy loses his or her license to practice for 5 years and may not receive reimbursement for personal injury protection benefits for 10 years.

(11) If the value of any property involved in a violation of this section:

(a) Is less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Is $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Is $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(12) In addition to any criminal liability, a person convicted of violating any provision of this section for the purpose of receiving insurance proceeds from a motor vehicle insurance contract is subject to a civil penalty.

(a) Except for a violation of subsection (9), the civil penalty shall be:

1. A fine up to $5,000 for a first offense.

2. A fine greater than $5,000, but not to exceed $10,000, for a second offense.

3. A fine greater than $10,000, but not to exceed $15,000, for a third or subsequent offense.

(b) The civil penalty for a violation of subsection (9) must be at least $15,000 but may not exceed $50,000.

(c) The civil penalty shall be paid to the Insurance Regulatory Trust Fund within the Department of Financial Services and used by the department for the investigation and prosecution of insurance fraud.

(d) This subsection does not prohibit a state attorney from entering into a written agreement in which the person charged with the violation does not admit to or deny the charges but consents to payment of the civil penalty.

(13) As used in this section, the term:

(a) “Insurer” means any insurer, health maintenance organization, self-insurer, self-insurance fund, or similar entity or person regulated under chapter 440 or chapter 641 or by the Office of Insurance Regulation under the Florida Insurance Code.

(b) “Property” means property as defined in s. 812.012.

History.—s. 7, ch. 76-266; s. 36, ch. 77-468; s. 3, ch. 78-258; s. 1, ch. 79-81; s. 487, ch. 81-259; s. 9, ch. 83-28; s. 24, ch. 88-370; s. 41, ch. 91-110; s. 123, ch. 92-149; s. 8, ch. 95-340; s. 1253, ch. 97-102; s. 65, ch. 97-264; s. 298, ch. 98-166; s. 6, ch. 99-204; s. 11, ch. 2000-252; s. 7, ch. 2001-271; s. 1909, ch. 2003-261; s. 10, ch. 2003-411; s. 16, ch. 2006-305; s. 19, ch. 2011-174; s. 13, ch. 2012-197; s. 110, ch. 2013-15; s. 7, ch. 2014-104; s. 7, ch. 2022-169.

Note.—Former s. 627.7375.

F.S. 817.234 on Google Scholar

F.S. 817.234 on Casetext

Amendments to 817.234

Arrestable Offenses / Crimes under Fla. Stat. 817.234

Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.234 1a - FRAUD - INSURANCE FRAUD LESS THAN 20K DOLLARS - F: T

S817.234 1a - FRAUD - INS FRAUD MORE THAN 20K LESS THAN 100K DOLLARS - F: S

S817.234 1a - FRAUD - INSURANCE FRAUD MORE THAN 100K DOLLARS - F: F

S817.234 2 - FRAUD - RENUMBERED. SEE REC #8884 - F: T

S817.234 2 - FRAUD - RENUMBERED. SEE REC #8885 - F: S

S817.234 2 - FRAUD - RENUMBERED. SEE REC #8886 - F: F

S817.234 2a - FRAUD - INSURANCE BY PHYSICIAN LESS THAN 20K DOLLARS - F: T

S817.234 2a - FRAUD - INS BY PHYSICIAN MORE THAN 20K LESS THAN 100K - F: S

S817.234 2a - FRAUD - INSURANCE BY PHYSICIAN MORE THAN 100K DOLLARS - F: F

S817.234 3 - FRAUD - INSURANCE BY ATTORNEY LESS THAN 20K DOLLARS - F: T

S817.234 3 - FRAUD - INS BY ATTORNEY MORE THAN 20K LESS THAN 100K - F: S

S817.234 3 - FRAUD - INSURANCE BY ATTORNEY MORE THAN 100K DOLLARS - F: F

S817.234 4 - FRAUD - INSURANCE BY HOSPITAL LESS THAN 20K DOLLARS - F: T

S817.234 4 - FRAUD - INS BY HOSPITAL MORE THAN 20K LESS THAN 100K - F: S

S817.234 4 - FRAUD - INSURANCE BY HOSPITAL MORE THAN 100K DOLLARS - F: F

S817.234 7a - FRAUD - SERVICE PROVIDER INS FRAUD LESS 20K DOLS - F: T

S817.234 7a - FRAUD - SERVICE PROVIDER INS FRAUD 20K LESS 100K DOLS - F: S

S817.234 7a - FRAUD - SERVICE PROVIDER INS FRAUD 100K DOLS MORE - F: F

S817.234 7c - FRAUD - INSURER CHANGE PHYSICIAN REPORT - F: T

S817.234 7d - FRAUD - INSURANCE FRAUD BY CONTRACTOR - F: T

S817.234 8 - PUBLIC ORDER CRIMES - RENUMBERED AS 817.234-8a - F: T

S817.234 8a - FRAUD - SOLICIT BUSINESS FROM MTR VEH ACCIDENT - F: S

S817.234 8b - FRAUD - UNLAWFUL SOLICIT VEH ACCIDENT BUS WI 60 DAYS - F: T

S817.234 8c - FRAUD - UNLAWFUL SOLICIT VEH ACC BUS BY ATTY HEAL PROF - F: T

S817.234 9 - FRAUD - PLAN PARTICIPATE VEH ACCIDENT MAKE CLAIMS - F: S

S817.234 11a - FRAUD - RENUMBERED. SEE REC #7587 - F: T

S817.234 11b - FRAUD - RENUMBERED. SEE REC #7588 - F: S

S817.234 11c - FRAUD - RENUMBERED. SEE REC #7589 - F: F

Civil Citations / Citable Offenses under S817.234

R or S next to points is Mandatory Revocation or Suspension

S817.234 (8) INSURANCE FRAUD - Illegal solicitation of business from a person involved in a motor vehicle crash. [See 322.26(9)] - Points on Drivers License: 0 R

S817.234 (9) INSURANCE FRAUD - Participation in an intentional vehicle crash/scheme to create documentation of a vehicle crash that did not occur [See 322.26(9)] - Points on Drivers License: 0 R

Annotations, Discussions, Cases:

Cases from cite.case.law:

PAEZ, v. MULVEY, E., 915 F.3d 1276 (11th Cir. 2019)

. . . § 812.014, and one count of False and Fraudulent Insurance Claims in violation of Florida Statute § 817.234 . . .

GABLES INSURANCE RECOVERY, INC. v. CITIZENS PROPERTY INSURANCE CORPORATION,, 261 So. 3d 613 (Fla. App. Ct. 2018)

. . . Sections 877.02, "Solicitation of legal services or retainers therefor; penalty," and 817.234, "False . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. HEALTH AND WELLNESS SERVICES, INC., 389 F. Supp. 3d 1137 (S.D. Fla. 2018)

. . . State Farm alleges that violations of Florida Statutes section 817.234(1) -a criminal statute dealing . . . Section 817.234 "explicitly prohibits preparing ... any written statement that is intended to be presented . . . Stat. § 817.234(1)(a)(2) ). Dr. . . . Lorites does not dispute that a violation of section 817.234 is a per se violation of FDUTPA. . . . director, in the submission of false and misleading bills and records-in direct violation of section 817.234 . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. PERFORMANCE ORTHAPAEDICS NEUROSURGERY, LLC,, 315 F. Supp. 3d 1291 (S.D. Fla. 2018)

. . . . § 817.234(a)(1) - (2), (6), (12) (2012) Under Florida Law a person commits insurance fraud if that . . . Stat. § 817.234(1)(a)(1). . . . Id. § 817.234(1)(a)(2). . . . Id. § 817.234(6). E. The Health Care Clinic Act, Fla. . . . Stat. § 817.234(1)(a)(2). . . .

PROGRESSIVE SELECT INSURANCE COMPANY, v. FLORIDA HOSPITAL MEDICAL CENTER a a o, 236 So. 3d 1183 (Fla. App. Ct. 2018)

. . . See § 817.234(1)(a), Fla. Stat. (2014). . . . Section 817.234 also prohibits a medical care provider from rendering a bill it does not intend to collect . . . from the insured in order to meet the deductible amount and trigger coverage under the policy. § 817.234 . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. PERFORMANCE ORTHOPAEDICS NEUROSURGERY, LLC,, 278 F. Supp. 3d 1307 (S.D. Fla. 2017)

. . . an arrangement prohibited by Florida Statutes §§ 395.0185, 456.054, 817.505, 502.201 et. seq., and 817.234 . . . an arrangement prohibited by Florida Statutes §§ 395.0185, 456.054, 817.505, 502.201 et. seq., and 817.234 . . . , regardless of adjudication of guilt, pleads guilty or nolo contendere to insurance fraud under s. 817.234 . . . In fact, in another subsection of one of the statutes Plaintiff cites (Fla Stat. 817.234) the legislature . . . Ann. § 817.234(8)(d) (pertaining to soliciting business from a person involved in a motor vehicle accident . . .

SMITH, v. STATE, 211 So. 3d 176 (Fla. Dist. Ct. App. 2016)

. . . within 5 years after it is committed. (11) A prosecution for a felony violation of ss. 440.105 and 817.234 . . .

GURRERA, v. PALM BEACH COUNTY SHERIFF S OFFICE, a s, 657 F. App'x 886 (11th Cir. 2016)

. . . . § 817.234(l)(a)(l). . . . Stat. § 817.234(l)(a), the other stated basis for Plaintiff’s second arrest. . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND STATE FARM FIRE CASUALTY COMPANY, v. B A DIAGNOSTIC, INC. n k a M. D. M. D., 145 F. Supp. 3d 1154 (S.D. Fla. 2015)

. . . . § 817.234(7)(a), . An additional ground exists for granting Plaintiff’s motion. . . . Stat. §§ 627;736(5)(b)(1)(b), 817.234(7)(a). . . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. B A DIAGNOSTIC, INC. n k a M. D., 104 F. Supp. 3d 1366 (S.D. Fla. 2015)

. . . alleges in its Complaint that Defendants committed insurance fraud as defined by Florida Statute § 817.234 . . . The Court finds that State Farm has not alleged a direct cause, of action or violation of § 817.234. . . .

UNITED HEALTHCARE SERVICES, INC. v. SANCTUARY SURGICAL CENTRE, INC. LLC, LLC, LLC, PSG S. LLC, a k a, 5 F. Supp. 3d 1350 (S.D. Fla. 2014)

. . . . § 817.234(7)(a), and the Florida Deceptive and Unfair Trade Practices Act, Fla. . . . (7)(a) and § 817.234(11), Fla. . . . law fraud claim (Count 2) based on violation of Florida’s waiver of patient responsibility statute, § 817.234 . . . claims for overpayment may be sought beyond that time from providers convicted of fraud pursuant to s. 817.234 . . . cannot allege that any of the provider-defendants to this cause have been convicted of fraud under § 817.234 . . .

CERTAIN INTERESTED UNDERWRITERS AT LLOYD S, LONDON, v. AXA EQUITABLE LIFE INSURANCE COMPANY,, 981 F. Supp. 2d 1302 (S.D. Fla. 2013)

. . . . § 817.234(l)(a)3. . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. PHYSICIANS INJURY CARE CENTER, INC., 427 F. App'x 714 (11th Cir. 2011)

. . . who, regardless of adjudication of guilt, pleads guilty or nolo contendere to insurance fraud under § 817.234 . . . Stat. § 817.234(l)(a) makes it a felony for a "person, with the intent to injure, defraud, or deceive . . . See also id. § 817.234(11). . . . .

W. KORTUM, Jr. v. SINK,, 54 So. 3d 1012 (Fla. Dist. Ct. App. 2010)

. . . In Cronin, we held that an anti-solicitation statute, section 817.234(8), Florida Statutes (1997), which . . .

ROYAL BAHAMIAN ASSOCIATION, INC. v. QBE INSURANCE CORPORATION,, 750 F. Supp. 2d 1346 (S.D. Fla. 2010)

. . . defense, QBE then quotes the “concealment, misrepresentation or fraud” section and then refers to section 817.234 . . .

NATIONWIDE MUTUAL COMPANY, v. FT. MYERS TOTAL REHAB CENTER, INC. DC,, 657 F. Supp. 2d 1279 (M.D. Fla. 2009)

. . . , regardless of adjudication of guilt, pleads guilty or nolo contendere to insurance fraud under s. 817.234 . . . , regardless of adjudication of guilt, pleads guilty or nolo contendere to insurance fraud under s. 817.234 . . .

NIJHAWAN v. HOLDER, ATTORNEY GENERAL, 557 U.S. 29 (3d Cir. 2009)

. . . . §§812.012 (1994), 812.014 (West Supp. 1996); but see, e.g., §§817.234 (insurance fraud), 817.61 (fraudulent . . .

LABRADOR, v. STATE, 13 So. 3d 1070 (Fla. Dist. Ct. App. 2007)

. . . to such claim, to wit: FRAUDULENT INSURANCE MEDICAL BILLINGS FOR HORACIO ACOSTA, in violation of s. 817.234 . . . thing material to such claim, to wit: FRAUDULENT MEDICAL BILLINGS FOR WILLIE AMOS, in violation of s. 817.234 . . . to such claim, to wit: FRAUDULENT INSURANCE MEDICAL BILLINGS FOR HORACIO ACOSTA, in violation of s. 817.234 . . . thing material to such claim, to wit: FRAUDULENT MEDICAL BILLINGS FOR WILLIE AMOS, in violation of s. 817.234 . . .

STATE v. RUBIO, B., 917 So. 2d 383 (Fla. Dist. Ct. App. 2005)

. . . In that case, the Florida Supreme Court held that section 817.234(8), which made it unlawful for any . . .

MERCURY INSURANCE COMPANY OF FLORIDA, v. COOPER,, 919 So. 2d 491 (Fla. Dist. Ct. App. 2005)

. . . providing false claims information to Mercury concerning the accident in question in violation of section 817.234 . . .

STATE v. CARPENTER,, 899 So. 2d 1176 (Fla. Dist. Ct. App. 2005)

. . . filed an information against the defendant charging him with insurance fraud in violation of section 817.234 . . . WAS ALLEGEDLY STOLEN and/or THE TIME THAT THE POLICE VEHICLE WAS ALLEGEDLY STOLEN, in violation of s. 817.234 . . . Accordingly, we reverse the order of dismissal and remand for further proceedings. .Section 817.234 provides . . .

SIMS, v. STATE, 869 So. 2d 45 (Fla. Dist. Ct. App. 2004)

. . . See § 817.234(ll)(c), Fla. Stat. (2001). . . .

BUTLER, PAPPAS, WEIHMULLER, v. CORAL REEF OF KEY BISCAYNE DEVELOPERS, INC., 873 So. 2d 339 (Fla. Dist. Ct. App. 2003)

. . . crime-fraud which would support application of the exception, with particular attention paid to sections 817.234 . . . (7) and 817.234(l)(a)3.a., Florida Statutes, relating to false and fraudulent insurance claims. . . . Under section 817.234(l)(a), Florida Statutes (2003), a person commits insurance fraud when that person . . . as part of Lloyd’s effort to perpetrate what they knew to be a crime or fraud as defined in sections 817.234 . . . (l)(a) or 817.234(7), Florida Statutes (2003). . . .

SAENZ, v. STATE FARM FIRE AND CASUALTY COMPANY,, 861 So. 2d 64 (Fla. Dist. Ct. App. 2003)

. . . Murphy-Perez issued a complaint/arrest warrant charging Saenz with violations of sections 817.234 and . . . practice which, upon conviction, constitutes a felony or a misdemeanor under the code, or under s. 817.234 . . . of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, ors. 775.084. § 817.234 . . .

HAYS a k a v. STATE, 844 So. 2d 705 (Fla. Dist. Ct. App. 2003)

. . . b), Florida Statutes (1999), and filing a false and fraudulent insurance claim, pursuant to section 817.234 . . .

FLORIDA CONVALESCENT CENTERS, v. SOMBERG,, 840 So. 2d 998 (Fla. 2003)

. . . (Fla.1997) ("Accordingly, we find that the legislative history, like the plain language of section 817.234 . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 829 So. 2d 791 (Fla. 2002)

. . . CONTAINING ANY FALSE OR MISLEADING INFORMATION, COMMITS INSURANCE FRAUD, PUNISHABLE AS PROVIDED IN SECTION 817.234 . . .

FLORES, v. ALLSTATE INSURANCE COMPANY,, 819 So. 2d 740 (Fla. 2002)

. . . Stat. (1997) (mandating that insurers create anti-fraud investigative units); § 817.234, Fla. . . .

STATE v. N. CRONIN,, 801 So. 2d 94 (Fla. 2001)

. . . Cronin, 774 So.2d 871 (Fla. 1st DCA 2000), which declared section 817.234(8) of the Florida Statutes . . .

BRADFORD, v. STATE, 789 So. 2d 1206 (Fla. Dist. Ct. App. 2001)

. . . dismiss the state’s information charging him with unlawful insurance solicitation in violation of section 817.234 . . .

HANSBROUGH, v. STATE, 791 So. 2d 1084 (Fla. 2001)

. . . Court of Appeal certified the following questions as being of great public importance: WHETHER SECTION 817.234 . . .

STATE v. BRADFORD,, 787 So. 2d 811 (Fla. 2001)

. . . State, 740 So.2d 569 (Fla. 4th DCA 1999), which expressly declares valid section 817.234(8), Florida . . . the State charged several chiropractors with unlawful insurance solicitation in violation of section 817.234 . . . Accordingly, language in Bradford, interpreting section 817.234(8) as requiring an intent to defraud . . . Whether Intent to Defraud Is an Element of Section 817.234(8), Florida Statutes (1997). A. . . . As such, it relied on the 1975 Report forming part of section 817.234’s legislative history. . . .

THE FLORIDA BAR, v. VARNER,, 780 So. 2d 1 (Fla. 2001)

. . . The Bar argues that Varner’s submission of the fictitious notice violated section 817.234(l)(a)l-2, Florida . . . concerning any fact or thing material to such claim ... commits a felony of the third degree .... § 817.234 . . . Section 817.234(l)(a)2 provides that any person who, with the intent to deceive an insurer, “[p]repares . . . insurer “in connection with” a claim for payment, and that such act constitutes a violation of section 817.234 . . . In concluding that Varner’s actions violated section 817.234(l)(a)2 for the purposes of this attorney . . .

STATE v. N. CRONIN, J. P. A. R. D. D. E. D. C. d b a, 774 So. 2d 871 (Fla. Dist. Ct. App. 2000)

. . . state asserts that the trial court erroneously concluded that in order to pursue a violation of section 817.234 . . . Appellees were charged with one violation of Florida’s RICO Act and several violations of section 817.234 . . . The counts charging appellees with violations of section 817.234(8) alleged. only that appellees had . . . Under the express terms of section 817.234(8), any person who solicits business, through any medium, . . . In Barr, the defendant chiropractors had been charged with violating section 817.234(8) and filed motions . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 795 So. 2d 863 (Fla. 2000)

. . . CONTAINING ANY FALSE OR MISLEADING INFORMATION, COMMITS INSURANCE FRAUD, PUNISHABLE AS PROVIDED IN SECTION 817.234 . . .

HANSBROUGH, v. STATE, 757 So. 2d 1282 (Fla. Dist. Ct. App. 2000)

. . . charging him with unlawful solicitation for the purpose of filing a PIP claim in violation of section 817.234 . . . chiropractor, was one of twelve chiropractors charged by the statewide prosecutor with violating section 817.234 . . . Hansbrough challenges the constitutionality of section 817.234(8) as impermissibly restricting rights . . . but, in order to satisfy the third-prong of the Central Hudson four-prong test, interpreted section 817.234 . . . Accordingly, language in Bradford, interpreting section 817.234(8) as requiring an intent to defraud . . . I agree with the majority that dicta in Bradford, which interprets section 817.234(8), as requiring an . . . solicit any business ... for the purpose of making ... claims for personal injury protection benefits_” § 817.234 . . .

Z. SCHNEER v. ALLSTATE INDEMNITY COMPANY,, 767 So. 2d 485 (Fla. Dist. Ct. App. 2000)

. . . THE WITNESS: Well, Florida Statute 817.234 gives us a good place to start, I guess, and that is that . . .

BEJERANO, v. STATE, 760 So. 2d 218 (Fla. Dist. Ct. App. 2000)

. . . . §§ 895.02(4); 817.234(l)(a), Fla. Stat. ' . § 817.034(4)(a)(3), Fla. Stat. .§ 817.234(l)(a), Fla. . . .

STATE v. MARKS, P. A., 758 So. 2d 1131 (Fla. Dist. Ct. App. 2000)

. . . representation of his or her client is considered acceptable practice in certain instances and because section 817.234 . . .

In VINECKI, St. v., 247 B.R. 327 (Bankr. M.D. Fla. 2000)

. . . for a multiple criminal practices and, among others, submitting a false insurance claim, Fla.Stat. 817.234 . . .

SHEPPARD, v. STATE, 753 So. 2d 748 (Fla. Dist. Ct. App. 2000)

. . . Sheppard appeals his judgment and sentence for filing a fraudulent insurance claim, a violation of section 817.234 . . .

M. HERSHKOWITZ, v. STATE, 744 So. 2d 1268 (Fla. Dist. Ct. App. 1999)

. . . solicitation of motor vehicle tort or personal injury protection (PIP) claims, a violation of section 817.234 . . . We conclude that section 817.234(8) is not an impermissible burden on the right to commercial free speech . . . In order for a statute like section 817.234 to withstand a void-for-vagueness challenge, the language . . . Section 817.234(8) may be held unconstitutional as a violation of equal protection only if the challenged . . . Section 817.234(8) provides: It is unlawful for any person, in his or her individual capacity or in his . . .

OHIO FARMERS INSURANCE COMPANY, v. A. McKEAN, 76 F. Supp. 2d 714 (S.D.W. Va. 1999)

. . . . § 817.234(5) (West 1998) (“Any insurer damaged as a result of ... . . .

BRADFORD, v. STATE, 740 So. 2d 569 (Fla. Dist. Ct. App. 1999)

. . . the state’s information- charging him with unlawful insurance solicitation in violation of section 817.234 . . . The state then charged Bradford with unlawful insurance solicitation in violation of section 817.234( . . . The heading of section 817.234 reads, “False and fraudulent insurance claims.” § 817.234, Fla. . . . We hold that this principle is especially applicable to subsection 817.234(8). . . . Section 817.234(8) provides, It is unlawful for any person, in his or her individual capacity or in his . . .

BARR v. STATE, 731 So. 2d 126 (Fla. Dist. Ct. App. 1999)

. . . the state’s information charging them with unlawful insurance solicitation in violation of section 817.234 . . . Section 817.234(8) provides, It is unlawful for any person, in his or her individual capacity or in his . . . In addition to abiding by section 817.234, attorneys must also follow the dictates of the Florida Bar . . . Therefore, we conclude that section 817.234(8), as applied to Edelson and Barr, does not violate the . . . Section 817.234(9), Florida Statutes, provides, in pertinent part, It is unlawful for any attorney to . . .

LaROCHE v. STATE, 761 So. 2d 335 (Fla. Dist. Ct. App. 1998)

. . . theft, under section 812.014, Florida Statutes, and filing a fraudulent insurance claim, under section 817.234 . . . which held that a defendant could not be convicted of filing a false insurance claim under section 817.234 . . .

STATE v. FALK,, 724 So. 2d 146 (Fla. Dist. Ct. App. 1998)

. . . a motor vehicle tort claim or a claim for personal injury protection benefits ... in violation of s.817.234 . . . Notwithstanding the foregoing, the trial court found that section 817.234(9), Florida Statutes (1995) . . . We note that section 817.234 is titled “False and fraudulent insurance claims.” . . . To summarize, we hold that section 817.234(9) is constitutional under the Equal Protection Clause of . . . In relevant part, section 817.234(9), Florida Statutes (1995) provides: "It is unlawful for any attorney . . .

B. SMITH, f k a B. v. THE PAUL REVERE LIFE INSURANCE COMPANY,, 998 F. Supp. 1412 (S.D. Fla. 1997)

. . . legal consequences of filing a statement of claim with misleading information are set forth in Section 817.234 . . . Section 817.234, therefore, prohibits the filing of any statement of a claim with an insurance company . . . Florida Statute 817.234 provides in relevant part: "Any person who, with the intent to injure, defraud . . .

STATE v. MARK MARKS, P. A., 698 So. 2d 533 (Fla. 1997)

. . . That is exactly what could occur with section 817.234(1). . . . Section 817.234(1) Section 817.234(1), contains the phrase “any person.” . . . See § 817.234(2), (4). . . . with regard to section 817.234(3). . . . We do not find that section 817.234(3) suffers the same infirmities as section 817.234(1). . . .

WATSON, v. STATE, 655 So. 2d 1250 (Fla. Dist. Ct. App. 1995)

. . . argues that he should not have been convicted of filing a false insurance claim in violation of section 817.234 . . .

STATE v. MARK MARKS, P. A. STATE v. MARK MARKS, P. A. a k a, 654 So. 2d 1184 (Fla. Dist. Ct. App. 1995)

. . . Section 817.234 does not define “incomplete.” . . . Section 817.234(1), Florida Statutes (1987) Even though we find section 817.234(1) to be unconstitutionally . . . Section 817.234 does not define the term “claim.” . . . provisions of section 817.234. . . . to section 817.234(3) was erroneous. . . .

BELL, v. STATE, 650 So. 2d 1032 (Fla. Dist. Ct. App. 1995)

. . . .§ 817.234, Fla.Stat. (1991). . . . .

SINCLAIR, v. STATE, 645 So. 2d 105 (Fla. Dist. Ct. App. 1994)

. . . . § 817.234(l)(a)l, Fla.Stat. (1991). . Blockburger v. . . .

STATE v. WEINSTEIN,, 623 So. 2d 835 (Fla. Dist. Ct. App. 1993)

. . . Ap-pellee, an attorney, was charged with violations of sections 817.234(8), (9), and 877.02(1) and (3 . . .

BERRY, v. STATE, 566 So. 2d 22 (Fla. Dist. Ct. App. 1990)

. . . presenting a false and fraudulent insurance claim to Nationwide Insurance Company in violation of section 817.234 . . .

FIGONE, v. C. DOWNEY, III,, 547 So. 2d 697 (Fla. Dist. Ct. App. 1989)

. . . . § 817.234, Fla. Stat. (1987). . . . .

THE FLORIDA BAR, v. L. STAFFORD,, 542 So. 2d 1321 (Fla. 1989)

. . . The referee also noted that Stafford had violated section 817.234, subsections (8) and (9), Florida Statutes . . .

REDISH, v. STATE, 525 So. 2d 928 (Fla. Dist. Ct. App. 1988)

. . . Sections 777.04 and 817.234, Florida Statutes. . . . .

STATE v. L. BOOK,, 523 So. 2d 636 (Fla. Dist. Ct. App. 1988)

. . . Department of Insurance, it failed to meet the statutory prerequisites to prosecution under Section 817.234 . . . that the Affidavit of Vehicle Theft does not constitute a claim form within the meaning of Section 817.234 . . . Section 817.234(6), Florida Statutes (1985), recognizes several documents that can be filed in support . . . of Vehicle Theft filed in this case does not constitute a claim form within the meaning of Section 817.234 . . . Clearly, the intent of the Legislature in enacting Section 817.234 was to make the filing of a false . . .

STATE v. E. McBRIDE,, 519 So. 2d 716 (Fla. Dist. Ct. App. 1988)

. . . The second count, which was not dismissed and remains pending, charges insurance fraud under Section 817.234 . . .

BRADY, v. STATE, 518 So. 2d 1305 (Fla. Dist. Ct. App. 1987)

. . . The appellant was informed against for a violation of Section 817.234(8), of the Florida Statutes (1985 . . . for personal injury protection benefits required by Section 627.736 Florida Statutes, in violation of 817.234 . . . INFORMATION FOR INSURANCE FRAUD (SOLICITATION) 817.234(8) IN THE NAME AND BY AUTHORITY OF THE STATE OF . . . Florida Statute 817.234(8), (1985) False and fraudulent insurance claims (8) It is unlawful for any person . . .

SPENCE, PAYNE, MASINGTON GROSSMAN, P. A. v. PHILIP M. GERSON, P. A., 483 So. 2d 775 (Fla. Dist. Ct. App. 1986)

. . . was killed in a motor vehicle accident, an additional statute is arguably applicable here — Section 817.234 . . .

COX, v. STATE, 443 So. 2d 1013 (Fla. Dist. Ct. App. 1983)

. . . Cox was charged with violating section 817.234, Florida Statutes (1981), which provides in part: (l)( . . . In this case the evidence was sufficient to sustain a jury’s determination that Cox violated section 817.234 . . . Even more clearly than section 817.49, Florida Statutes (1981), section 817.234 encompasses attempts. . . . On remand Cox can be retried for the offense set forth in section 817.234. . . . ORFINGER, C.J., and DAUKSCH, J., concur. . § 817.49, Fla.Stat. (1981). . § 817.234, Fla.Stat. (1981). . . .