Florida Statute 636.238 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 636
PREPAID LIMITED HEALTH SERVICE ORGANIZATIONS AND DISCOUNT PLAN ORGANIZATIONS

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636.238 Penalties for violation of this part.—

(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.

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Amendments to 636.238

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 636.238

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

S636.238 1 - PUBLIC ORDER CRIMES - VIOL DISCOUNT MEDICAL ORG PLAN LAW - M: S

S636.238 2 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC #10589 - F: T

S636.238 2 - FRAUD - OPERATE UNLICENSED DISCOUNT MED PLAN LT $20K - F: T

S636.238 2 - PUBLIC ORDER CRIMES - OPR UNLICENSED DISCOUNT ORG/PLAN $20K-$100K - F: S

S636.238 2 - PUBLIC ORDER CRIMES - OPERATE UNLICENSED DISCOUNT ORG/PLAN $100K+ - F: F

S636.238 3 - LARC - FAIL PROV MED PLAN BENEFIT TO MBR $100K+ - F: F

S636.238 3 - LARC - FAIL PROV MED PLAN BENEF TO MBR $20K-$100K - F: S

S636.238 3 - LARC - FAIL PROV MED PLAN BENEFIT TO MBR $300-$20K - F: T

S636.238 3 - LARC - FAIL PROV MED PLAN BENEFIT TO MBR $100-$300 - M: F

S636.238 3 - LARC - FAIL PROVIDE MED PLAN BENEFIT TO MEMBR LT $100 - M: S

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