Leslie Waters has gone to great lengths to limit fraud in Florida. Below is a list of bills she has either sponsored or cosponsored the past four years:
2001
Fighting Auto Insurance Fraud (HB 1819)
This legislation made a number of changes to combat fraud stemming from personal injury protection laws as well as cracking down on auto insurance fraud. It increased the criminal penalties for insurance fraud and allowed insurance companies to sue those found guilty of filing false claims for PIP benefits.
Protecting Public Records (HB 1805)
Excused vehicle crash reports from being released to the public to prevent their use by those who would solicit the crash victims to create fraudulent insurance claims. Claims that greatly drive up the cost of auto insurance.
2002
Limiting Credit Card Fraud and Identity Theft (HB 1295)
This important legislation provided that no merchant shall electronically print more than the last 5 digits of the credit card’s account number, nor may the merchant electronically print the card’s expiration date. A two-tiered effective date was created, giving merchants ample time to either purchase new equipment or modify their software.
2003
Identity Theft and Internet Fraud (HB 1161/SB 1072)
Three penalty tiers were created for ID theft. A 2nd degree felony affecting 50 victims was reduced from $75,000 to $5,000 with a minimum 3-year imprisonment. A 1st degree felony, involving 20 or more victims and over $50,000 now carries a mandatory jail term of 5 years, and ID thefts of $100,000 or more affecting 30 or more victims now has a mandatory minimum jail sentence of 10 years.
Florida’s Driver’s Licenses were also updated in an attempt to decrease fraud. Features of the newly redesigned driver’s license, that will start being in 2004, include:
1. For drivers under the age of 21, the licenses will be vertical, instead of a horizontal.
2. The card will include a beach scene, the state seal with hidden letters, and a second photo repeated in a lighter “ghost image”.
3. A third portrait of the driver and some text will be visible only under ultraviolet light.
4. Under the new system, workers will scan identification such as birth certificates, Social Security cards and passports of everyone who applies for a license, not just non-U.S. citizens.
This high-tech process will help make every Floridian’s driver’s license secure against counterfeiting.
2004
Defining Identity Theft (CS/HB 741)
Defines the term “counterfeit or fictitious personal identification information”, such as adding one’s “address”; revises criminal penalties relating to the offense of fraudulently using counterfeit information; makes it a crime with penalties to use the identification of a deceased individual, etc.
The Auto Fraud Prevention Act of 2004 - Motor Vehicle Titles,
Co-sponsored (HB 847)
Strengthens the law to minimize the ability of fraudulent car sellers to “wash” titles and sell to unsuspecting consumers in Florida and in other states. Requires the owner of an out-of-state used vehicle to make a sworn affidavit that the motor vehicle has never been declared a total loss, and that the motor vehicle was not purchased from a motor vehicle salvage yard or insurance company when applying for a Florida title.
Motor Vehicle Title Certificates, co-sponsor (HB 11)
In order to prosecute certain auto theft and fraud cases, this legislation requires the Department of Highway Safety and Motor Vehicles to retain title documents for a period of not less than 10 years, and specifies that certain supporting title documents must be retained.
2005
Unlawful Use of Personal Identification Information
Among other things, the bill provides that any person who willfully and fraudulently uses the personal information of a deceased individual commits a third degree felony. Also this identity theft bill creates a section that mandates "breach of security" disclosure.
Florida's Fraud Hotline
1-866-9-NO-SCAM (1-866-966-7226)
Check your credit report regularly
(one free report a year per credit bureau)
Experian - 1-888-397-3742
Equifax - 1-800-685-1111
Trans Union - 1-800-888-4213
Register on the National Do-Not-Call Registry
www.donotcall.gov or 1-888-382-1222
2006
HB 481 – Unlawful Use of Personal Identification
The bill provides that any person who willfully and fraudulently uses the personal identification of a deceased individual commits a three degree felony. The bill also provides for the reclassification of an identity theft offense committed by a person who represents themselves as a law enforcement officer; employee of a bank, credit card company, credit counseling company, or credit reporting agency; or any person who wrongfully represents that he or she is seeking to assist a victim with a problem with the victim’s credit history. Finally, the bill creates a “breach of security” Section. This section requires a person who conducts business in
HB 37 – Security of Consumer Report Information
Defines “security freeze”; authorizes a consumer to place a security freeze on his or her consumer report; authorizes a consumer to allow specified temporary access to his or her consumer report during a security freeze; authorizes a consumer reporting agency to charge a fee to place, remove, or temporarily lift a security freeze, exempting specified persons; provides for civil remedy.
HB 45 – Electronic Communication
Requires certain governmental entities to post a notice on their websites that electronic mail addresses sent to them are subject to release to the public; provides that remedies and penalties under specified provisions are cumulative; provides criminal penalties; prohibits certain acts relating to fraudulent use or possession of identifying information; authorizes civil actions for violations.
HB 161 – Regulation of Mold Assessment and Mold Remediation
Provides legislative intent and definitions; provides requirement for practice of mold assessment or mold remediation; provides exemptions; provides for prohibited acts and penalties; provides insurance requirements; provides for contracts to perform mold assessment or mold remediation.
HB 449 – Economic Development
Revises provisions providing for an urban job tax credit program to apply to designated urban tax job credit areas rather than high-crime areas; revises and provides definitions, eligibility criteria, application procedures and requirements, area characteristics and criteria, and area designation limitations; provides for liability and a criminal penalty for fraudulent claim of the credit.
HB 561 – Offenses Involving Insurance
Specifies information to be included in a crash report; provides an additional fee for certain offenses relating to insurance crimes; prohibits medical directors from referring specified patients to certain clinics for specified medical examinations and tests; provides a criminal penalty for knowingly transacting insurance without a license; provides a limitation on retroactive assumption of certain coverages and liabilities, etc.
HB 871 – Telephone Calling Records
Prohibits a person from obtaining or attempting to obtain the calling record of another person by making false or fraudulent statements or providing false or fraudulent documents to a telecommunications company or by selling or offering to sell a calling record that was obtained in a fraudulent manner; provides that it is a first-degree misdemeanor to commit a first violation and a third-degree felony to commit a second or subsequent violation; provides penalties; provides that it is not a violation of the act for a law enforcement agency or telecommunications company to obtain calling records for specified purposes.
HB 1329 – Information Specified Insurers Must File
Specifies a beginning date for submission of a required annual statement by viatical settlement providers; specifies required information; specifies a period of application of an unaudited financial statement; specifies administrative action for failing to timely file an audited financial statement; authorizes the Financial Services Commission to require by rule that specified statements or filing be submitted by electronic means in a format specified by the commission; authorizes the Office of Insurance Regulation to require that specified records or copies be submitted by remote electronic access.
HB 7263 – Motor Vehicle Insurance
Amends various other laws relating to matters and criminal activities involving insurance fraud; adds fine of $180 to the cost for a drive to reinstate his or her driver license following a conviction of specified crimes relating to motor vehicle insurance fraud; fee of $180 is authorized for reinstating a driver license following a conviction for brokering patients as part of a fraudulent health or motor vehicle insurance claim; requires DHSMV to revoke the driver license of any person convicted of making a false or fraudulent insurance claim or convicted of brokering patients; prohibits an attorney, health care practitioner, or owner/director of a medical clinic from calling an accident victim either at an office or any other telephone number in order to encourage the accident victim to file an insurance claim; clarifies that it is a crime to present false information relating to auto insurance coverage.
