Are there penalties for knowingly obtaining an inappropriate mitigation discount? What about for the agents or inspectors?

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Yes. In 2009 HB1495 (lines 2143-2148) passed by the legislature and signed by the Governor states: “An individual or entity who knowingly provides or utters a false or fraudulent mitigation verification form with the intent to obtain or receive a discount on an insurance premium to which the individual or entity is not entitled commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.” Note that a misdemeanor of the first degree carries a potential punishment of $1,000.00 fine and up to one year in jail per charge.

In addition, the 2010 legislative session introduced strict new penalties for inspectors who sign inspection forms that they know to be wrong, or that demonstrate a pattern of unwarranted mitigation credits, which passed and was signed by the governor in HB663. These strict new penalties for those who sign the form went into effect on July 1, 2010.

In one notable case, an agent in Wellington was sent to prison for having falsified windstorm mitigation inspection forms without any inspection being conducted.

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