The Florida Senate

443.071  Penalties.--

(1)  Whoever makes a false statement or representation, knowing it to be false, or knowingly fails to disclose a material fact to obtain or increase any benefits or other payment under this chapter or under an employment security law of any other state, of the Federal Government, or of a foreign government, either for herself or himself or for any other person, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.

(2)  Any employing unit or any officer or agent of any employing unit or any other person who makes a false statement or representation, knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining subject hereto, or to avoid or reduce any contribution or other payment required from an employing unit under this chapter is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)  Any employing unit or any officer or agent of any employing unit or any other person who fails to furnish any reports required hereunder or to produce or permit the inspection of or copying of records as required hereunder, or who fails or refuses, within 6 months after written demand therefor by the division, to keep and maintain the payroll records required by this chapter and by rule of the division, or who willfully fails or refuses to make any contribution or other payment required from an employing unit under this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  Any person who shall willfully violate any provision of this chapter or any order or rule hereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed hereunder nor provided by any other applicable statute, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5)  In any prosecution or action under the provisions of this section, the signature of a person on a document, letter, or other writing shall constitute prima facie evidence of such person's identity if the following conditions exist:

(a)  The person gives her or his name, residence address, home telephone number, present or former place of employment, sex, date of birth, social security number, height, weight, and race.

(b)  The signature of such person is witnessed by an agent or employee of the division at the time the document, letter, or other writing is filed.

History.--s. 18, ch. 18402, 1937; CGL 1940 Supp. 4151(510), 8135(45), (46), (47); s. 16, ch. 20685, 1941; s. 11, ch. 26879, 1951; s. 1, ch. 29770, 1955; ss. 17, 35, ch. 69-106; s. 372, ch. 71-136; s. 2, ch. 75-121; s. 1, ch. 78-295; s. 7, ch. 79-308; ss. 1, 8, 9, ch. 80-95; s. 142, ch. 97-103.

Note.--Former s. 443.22.