26 Fla. L. Weekly S515b
Criminal law — Unlawful solicitation for purpose of filing insurance claim — Constitutionality of statute
RANDOLPH HANSBROUGH, Petitioner, vs. STATE OF FLORIDA, Respondent. Supreme Court of Florida. Case No. SC00-1322. July 12, 2001. Application for Review of the Decision of the District Court of Appeal – Certified Great Public Importance. 4th District – Case No. 4D99-0169 (Broward County). Counsel: Robert A. Ader and Elizabeth B. Hitt of the Law Offices of Robert Ader, Miami, for Petitioner. Robert A. Butterworth, Attorney General, Michael J. Neimand, Assistant Attorney General, Bureau Chief, and Frank J. Ingrassia, Assistant Attorney General, Fort Lauderdale, for Respondent.
(LEWIS, J.) We have for review Hansbrough v. State, 757 So. 2d 1282 (Fla. 4th DCA 2000), wherein the Fourth District Court of Appeal certified the following questions as being of great public importance:
WHETHER SECTION 817.234(8), FLORIDA STATUTES, INCLUDES A REQUIREMENT OF SPECIFIC INTENT TO DEFRAUD THE INSURER.
and, if not
WHETHER THE STATUTE ADVANCES THE GOVERNMENTAL INTEREST IN PREVENTING INSURANCE FRAUD AND IS NOT MORE EXTENSIVE THAN IS NECESSARY TO SERVE THAT INTEREST.
Id. at 1283. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
These questions were both answered in the negative in our recent opinion in State v. Bradford, 26 Fla. L. Weekly S369 (Fla. May 31, 2001). Consistent with Bradford, the district court’s decision is quashed and the case is remanded with directions that Hansbrough’s conviction be reversed.
It is so ordered. (WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, and QUINCE, JJ., concur.
