(1) Except as provided in subsection (2), a person who willfully violates any provision of this part commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who operates as or willfully aids and abets another operating as a discount plan organization in violation of s. 636.204(1) commits a felony punishable as provided for in s. 624.401(4)(b), as if the unlicensed discount plan organization were an unauthorized insurer, and the fees, dues, charges, or other consideration collected from the members by the unlicensed discount plan organization or marketer were insurance premium.
(3) A person who collects fees for purported membership in a discount plan but purposefully fails to provide the promised benefits commits a theft, punishable as provided in s. 812.014.
History.—s. 31, ch. 2004-297; s. 16, ch. 2005-232; s. 28, ch. 2017-112.
Structure Florida Statutes
Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations
Part II - Discount Plan Organizations (Ss. 636.202-636.244)
636.205 - Issuance of license; denial.
636.206 - Examinations and investigations.
636.207 - Applicability of part.
636.208 - Fees; charges; reimbursement.
636.210 - Prohibited activities of a discount plan organization.
636.214 - Provider agreements.
636.220 - Minimum capital requirements.
636.223 - Administrative penalty.
636.224 - Notice of change of name or address of discount plan organization.
636.226 - Provider name listing.
636.228 - Marketing of discount plans.
636.230 - Bundling discount plans with other products.
636.234 - Service of process on a discount plan organization.
636.236 - Surety bond or security deposit.