CFO Patronis Issues Directive Bolstering Anti-Fraud Units to Affected Counties Following Hurricane Helene

To:                         Interested Stakeholders

From:                     Florida Department of Financial Services

Date:                      September 29, 2024

TALLAHASSEE, Fla.— Today, Chief Financial Officer (CFO) Jimmy Patronis issued a directive, which bolsters his anti-fraud fighting teams in the affected counties following Hurricane Helene. Currently, there are 80 law enforcement officers from the CFO’s Criminal Investigations Division (CID) who have been deployed. These law enforcement officers will take appropriate legal action, including arrest, prosecution, and/or issuance of civil penalties for anyone who is engaging in fraudulent insurance practices.

 SEE BELOW FOR CFO DIRECTIVE 2024-01

 WHEREAS, on September 23, 2024, Florida Governor Ron DeSantis issued Executive Order Number 24-208, which immediately declared a state of emergency in Alachua, Bay, Bradford, Calhoun, Charlotte, Citrus, Collier, Columbia, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Monroe, Okaloosa, Pasco, Pinellas, Santa Rosa, Sarasota, Sumter, Suwannee, Taylor, Union, Wakulla, Walton, and Washington counties.

 WHEREAS, on September 24, 2024, Florida Governor Ron DeSantis issued Executive Order Number 24-209, which added additional counties and immediately declared a state of emergency in Alachua, Baker, Bay, Bradford, Brevard, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton and Washington counties (hereinafter the “Affected Counties”).

 WHEREAS, the Department of Financial Services, Division of Criminal Investigations functions as a criminal justice agency for purposes of sections 943.045-943.08, Florida Statutes.

 WHEREAS, the Division of Criminal Investigations may initiate and conduct investigations into any matter under the jurisdiction of the Chief Financial Officer and Fire Marshal, within or outside of the state of Florida, as it deems necessary.

 WHEREAS, the Division of Criminal Investigations houses a variety of law enforcement officers, including insurance fraud investigators, arson investigators, and public assistance fraud investigators.

 WHEREAS, there are 61 Affected Counties across the state of Florida, that may be targeted by unscrupulous actors looking to take advantage of consumers who are placed at a disadvantage by virtue of limited access to electricity and communication services.

 WHEREAS, the Department of Financial Services has activated its Emergency Operations Center to coordinate insurance consumer protection and fraud prevention missions across the Affected Counties.

 WHEREAS, the Chief Financial Officer is committed to arresting persons engaged in fraudulent insurance activities within the Affected Counties and ensuring each is prosecuted to the fullest extent of the law.

 THEREFORE, BE IT RESOLVED THAT I, JIMMY PATRONIS, as Chief Financial Officer for the state of Florida, and acting under my powers as the agency head for the Department of Financial Services, hereby issue the following Directive:

 Section 1. All available law enforcement resources within the Division of Criminal Investigations shall be assigned to Disaster Fraud Action Strike Teams (hereinafter referred to as “D-FAST Personnel”) and deployed to the Affected Counties to take appropriate legal action, including arrest, prosecution, and/or issue civil penalties for any persons engaged in fraudulent insurance practices or otherwise seeking to take advantage of consumers through unfair or deceptive acts or practices as defined in Chapters 626, 634, and Chapter 817, Florida Statutes, including but not limited to:

 (a). False information and advertising generally

 Knowingly making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public:

 1. In a newspaper, magazine, or other publication,

2. In the form of a notice, circular, pamphlet, letter, or poster,

3. Over any radio or television station, or

4. In any other way,

an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive, or misleading.

 (b) Submitting False and Fraudulent Insurance Claims Any person who with the intent to injure, defraud, or deceive any insurer 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;

 (c) Unlicensed Public Adjusting Any person who acts as a resident or nonresident public adjuster or holds himself or herself out to be a public adjuster to adjust claims in this state, without being licensed by the department as a public adjuster and appointed as a public adjuster. A “public adjuster” is any person, except a duly licensed attorney at law as exempted under s. 626.860, who, for money, commission, or any other thing of value, directly or indirectly prepares, completes, or files an insurance claim for an insured or third-party claimant, regardless of how that person describes or presents his or her services, or who, for money, commission, or any other thing of value, acts on behalf of, or aids an insured or third-party claimant in negotiating for or effecting the settlement of a claim or claims for loss or damage covered by an insurance contract, regardless of how that person describes or presents his or her services, or who advertises for employment as an adjuster of such claims. The term also includes any person who, for money, commission, or any other thing of value, directly or indirectly solicits, investigates, or adjusts such claims on behalf of a public adjuster, an insured, or a third-party claimant. The term does not include a person who photographs or inventories damaged personal property or business personal property or a person performing duties under another professional license, if such person does not otherwise solicit, adjust, investigate, or negotiate for or attempt to settle a claim.

 Section 2. I further direct all D-FAST Personnel to coordinate with the appropriate state attorney, or for multi-jurisdictional crimes, the Office of Statewide Prosecutor to ensure that those offices have all the investigatory information needed to bring criminal charges, when applicable, against persons engaged in fraudulent or deceptive acts or practices identified in this Directive or otherwise provided in the insurance code or Florida Statute. Upon conviction of any criminal acts, such persons, shall be subject to the criminal penalties provided by Sections 775.082 or 775.083, Florida Statutes.

 Section 3. I further direct all D-FAST Personnel deployed to the Affected Counties to coordinate with the Florida Department of Business and Professional Regulation in order to support enforcement action against licensed roofing contractors who are found to be in violation any provision of Florida law, including the 10-day contract cancellation period applicable during a declaration of disaster, as provided in Section 489.147, Florida Statutes.

Section 4. I hereby direct all D-FAST Personnel deployed to the Affected Counties to coordinate as needed with the Division of Insurance Agent and Agency Services (hereinafter referred to as “Division”) upon discovery of any public adjuster or other licensee of the Division acting in violation of the insurance code. 

Section 5. This Directive shall remain in effect until rescinded by the Chief Financial Officer.

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About CFO Jimmy Patronis  
Chief Financial Officer and State Fire Marshal Jimmy Patronis is a statewide elected official and a member of Florida’s Cabinet who oversees the Department of Financial Services. CFO Patronis works each day to fight insurance fraud, support Florida’s firefighters, and ensure the state’s finances are stable to support economic growth in the state. Follow the activities of the Department on Facebook (FLDFS) and on X (@FLDFS).