House Bill 4523

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    Florida House of Representatives - 1998                HB 4523

        By the Committee on Financial Services and Representatives
    Safley, Lippman, Cosgrove, Bainter, Flanagan, Lawson, Rayson,
    Dennis, Ball, Tamargo and Wiles




  1                      A bill to be entitled

  2         An act relating to workers' compensation

  3         compliance; creating s. 205.0531, F.S.;

  4         prohibiting local governments from issuing

  5         occupational licenses under certain

  6         circumstances; amending s. 440.02, F.S.;

  7         providing definitions; amending s. 440.05,

  8         F.S.; authorizing the Division of Workers'

  9         Compensation of the Department of Labor and

10         Employment Security to revoke certifications of

11         election under certain circumstances; requiring

12         notice; directing the division to specify the

13         effective date and the expiration date of

14         certificates of election of exemption;

15         increasing the fee for a request for election;

16         providing for a renewal fee; requiring

17         notification of certain requirements; creating

18         s. 440.052, F.S.; requiring the division to

19         issue registration receipts to certain

20         independent contractors under certain

21         circumstances; providing requirements and

22         procedures for such receipts; authorizing the

23         division to assess a fee for independent

24         contractor registrations; amending s. 440.10,

25         F.S.; providing conditions under which a person

26         would be considered an independent contractor;

27         amending s. 440.103, F.S.; requiring employers

28         to present proof of compensation before

29         applying for a building permit; specifying

30         requirements for certificates of coverage;

31         amending s. 440.104, F.S.; clarifying certain

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  1         remedies available to losers of competitive

  2         bidding; increasing recoverable damages;

  3         amending s. 440.105, F.S.; specifying criteria

  4         for commission of insurance fraud; providing

  5         penalties; specifying time limitations on

  6         certain proceedings for insurance fraud;

  7         amending s. 440.107, F.S.; providing

  8         legislative findings; authorizing the division

  9         to issue certain orders for noncompliance;

10         requiring the division to assess a penalty for

11         noncompliance with workers' compensation

12         coverage requirements; authorizing the division

13         to conduct investigations; requiring employers

14         to keep records; authorizing the division to

15         administer oaths and issue subpoenas for

16         certain purposes; providing procedures;

17         providing for immunity from civil or criminal

18         liability under certain circumstances;

19         authorizing the division to enter and inspect

20         employer's places of employment under certain

21         circumstances; providing penalties for refusing

22         access or failing to comply with a subpoena;

23         amending s. 440.185, F.S.; specifying a notice

24         of injury to be a medical record; requiring

25         carriers to notify the division whether certain

26         policies are minimum premium policies; amending

27         s. 440.42, F.S.; authorizing workers'

28         compensation policies to require employers to

29         release certain employment and wage

30         information; providing limitations; amending s.

31         626.989, F.S.; requiring the Division of

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  1         Insurance Fraud of the Department of Insurance

  2         and the Division of Workers' Compensation of

  3         the Department of Labor and Employment Security

  4         to periodically submit a joint performance

  5         report to the Legislature; amending s. 627.413,

  6         F.S.; specifying certain notice requirements

  7         for minimum premium policies; authorizing the

  8         department to impose a fine for noncompliance;

  9         providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 205.0531, Florida Statutes, is

14  created to read:

15         205.0531  Issuance of occupational license; compliance

16  with workers' compensation coverage requirements; nonpayment

17  of workers' compensation penalties.--A local government

18  authority shall not issue an occupational license to any

19  individual, business, or entity under this chapter, or renew

20  or transfer such license, unless the applicant provides proof

21  of workers' compensation coverage or proof that the applicant

22  has received a certificate of exemption from the coverage

23  requirements, proof that the applicant has received an

24  independent contractor registration receipt or, with respect

25  to applicants who are not required to secure coverage under

26  chapter 440 other than independent contractors which are

27  required to provide proof of a registration receipt, written

28  affirmation that the applicant is not required to secure

29  coverage under chapter 440 and does not owe any penalties for

30  noncompliance with workers' compensation coverage requirements

31  under s. 440.107.  Any false statement made in connection with

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  1  the requirements of this section may subject the applicant to

  2  prosecution under s. 440.105(4) or s. 837.06.

  3         Section 2.  Subsections (37), (38), and (39) are added

  4  to section 440.02, Florida Statutes, to read:

  5         440.02  Definitions.--When used in this chapter, unless

  6  the context clearly requires otherwise, the following terms

  7  shall have the following meanings:

  8         (37)  "Corporate officer" or "officer of the

  9  corporation" means any person who fills an office provided for

10  in the corporate charter or articles of incorporation filed

11  with the Division of Corporations of the Department of State

12  or as permitted or required by chapter 607.

13         (38)  "Partner" means any person who is a member of a

14  partnership which is formed by two or more persons to carry on

15  as coowners of a business with the understanding that there

16  will be a proportional sharing of the profits and losses

17  between such persons.  For the purposes of this chapter, a

18  partner is a person who participates fully in the management

19  of the partnership and who is personally liable for its debts.

20         (39)  "Sole proprietor" means a natural person who owns

21  a form of business in which that person owns all the assets of

22  the business and is solely liable for all the debts of the

23  business.

24         Section 3.  Section 440.05, Florida Statutes, is

25  amended to read:

26         440.05  Election of exemption; revocation of election;

27  notice; certification.--

28         (1)  Each corporate officer who elects not to accept

29  the provisions of this chapter or who, after electing such

30  exemption, revokes that exemption shall mail to the division

31

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  1  in Tallahassee notice to such effect in accordance with a form

  2  to be prescribed by the division.

  3         (2)  Each sole proprietor or partner who elects to be

  4  included in the definition of "employee" or who, after such

  5  election, revokes that election must mail to the division in

  6  Tallahassee notice to such effect, in accordance with a form

  7  to be prescribed by the division.

  8         (3)  Each sole proprietor, partner, or officer of a

  9  corporation who is actively engaged in the construction

10  industry and who elects an exemption from this chapter or who,

11  after electing such exemption, revokes that exemption, must

12  mail a written notice to such effect to the division on a form

13  prescribed by the division. The notice of election to be

14  exempt from the provisions of this chapter must be notarized

15  and under oath. The election must list the name, federal tax

16  identification number, social security number, and all

17  certified or registered licenses issued pursuant to chapter

18  489 held by the person seeking the exemption. The form must

19  identify each sole proprietorship, partnership, or corporation

20  that employs the person electing the exemption and must list

21  the social security number or federal tax identification

22  number of each such employer. In addition, the election form

23  must provide that the sole proprietor, partner, or officer

24  electing an exemption is not entitled to benefits under this

25  chapter, must provide that the election does not exceed

26  exemption limits for officers and partnerships provided in s.

27  440.02, and must certify that any employees of the sole

28  proprietor, partner, or officer electing an exemption are

29  covered by workers' compensation insurance. Upon receipt of

30  the notice of the election to be exempt and a determination

31  that the notice meets the requirements of this subsection, the

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  1  division shall issue a certification of the election to the

  2  sole proprietor, partner, or officer. The division shall

  3  revoke a certification of election when the division finds the

  4  person no longer meets the requirements for exemption. The

  5  certificate of election must list the names of the sole

  6  proprietorship, partnership, or corporation listed in the

  7  request for exemption. A new certificate of election must be

  8  obtained each time the person is employed by a new sole

  9  proprietorship, partnership, or corporation that is not listed

10  on the certificate of election. A copy of the certificate of

11  election must be sent to each workers' compensation carrier

12  identified in the request for exemption. The certification of

13  the election is valid until the sole proprietor, partner, or

14  officer revokes her or his election. Upon filing a notice of

15  revocation of election, a sole proprietor, partner, or officer

16  who is a subcontractor must notify her or his contractor. Upon

17  revocation of a certificate of election of exemption by the

18  division, the division shall notify the workers' compensation

19  carriers and employers identified in the request for

20  exemption.

21         (4)  A notice given under subsection (1), subsection

22  (2), or subsection (3) is not effective until the division

23  determines that the notice meets the requirements for

24  exemption or until 30 days after the date it is mailed to the

25  division in Tallahassee, whichever occurs first. However, if

26  an accident or occupational disease occurs less than 30 days

27  after the effective date of the insurance policy under which

28  the payment of compensation is secured or the date the

29  employer qualified as a self-insurer, such notice is effective

30  as of 12:01 a.m. of the day following the date it is mailed to

31  the division in Tallahassee.

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  1         (5)  Certificates of election to be exempt and

  2  certificates of election to be included as an employee in

  3  effect on September 30, 1998, shall expire on the last day of

  4  the certificateholder's birth month following September 30,

  5  1998.  Any person who holds a certificate of exemption or

  6  inclusion as an employee that is in effect on September 30,

  7  1998, and who desires to retain such status, must request a

  8  new election of exemption or inclusion as an employee by the

  9  last day of their birth month following September 30, 1998.

10         (6)  Certificates of exemption and certificates of

11  inclusion issued pursuant to this section shall remain in

12  effect for 2 years after the date of issuance. The division

13  shall list both the effective date and the expiration date on

14  the face of the certificate.  At least 60 days prior to the

15  expiration date of a certificate of exemption or a certificate

16  of inclusion issued after September 30, 1998, the division

17  shall send notice of the expiration date and an application

18  for renewal to the certificateholder at the address on the

19  certificate.

20         (7)(5)  Any contractor responsible for compensation

21  under s. 440.10 may register in writing with the workers'

22  compensation carrier for any subcontractor and shall

23  thereafter be entitled to receive written notice from the

24  carrier of any cancellation or nonrenewal of the policy.

25         (8)(6)  The division shall may assess a $100 fee for,

26  not to exceed $50, with each exemption request and a $50 fee

27  for each request to renew an exemption pursuant to subsection

28  (1) and (3) for election or renewal of election under this

29  section. The division shall assess a $50 fee for each request,

30  to be included in the definition of employee, or renewal of

31  such request, pursuant to subsection (2). The funds collected

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  1  by the division pursuant to this subsection shall be deposited

  2  into the Workers' Compensation Trust Fund and shall be used

  3  for the purposes set forth in s. 440.50, including monitoring

  4  and enforcing compliance with the requirements of this

  5  chapter, performing the specific responsibilities under this

  6  section and s. 440.052, and verifying information provided on

  7  applications for election or renewal of election of exemption,

  8  registration of independent contractors under s. 440.052, and

  9  notifications required under this section and under s.

10  440.052, to administer this section and auditing to audit the

11  businesses that pay the fee for compliance with any

12  requirements of this chapter.

13         (9)  The division shall notify all persons holding a

14  certificate of election of exemption as of the effective date

15  of this act of the requirements of this section.

16         Section 4.  Effective July 1, 1998, section 440.052,

17  Florida Statutes, is created to read:

18         440.052  Independent contractor registration;

19  eligibility; expiration and renewal; fees.--The division shall

20  issue an independent contractor registration receipt to any

21  person claiming independent contractor status and submitting

22  an affidavit declaring satisfaction of the requirements of s.

23  440.02(13)(d)1. in support of their claim and stating that

24  they knowingly forfeit the right to receive benefits or

25  compensation under this chapter.  Any person receiving

26  independent contractor registration receipts shall notify the

27  division if there is a change in their status such that they

28  are no longer an independent contractor.  Failure to notify

29  the division of the change in status could result in actions

30  specified in s. 440.107.  Any person receiving an independent

31  contractor registration receipt under this section shall not

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  1  be relieved of their obligation to provide workers'

  2  compensation coverage for their employees.  The division shall

  3  assess a $100 fee for each initial independent contractor

  4  registration receipt and a $50 fee for each renewal of such

  5  receipt.  The fee for the initial independent contractor

  6  registration receipt shall be $75 if the affidavit is

  7  submitted on or before August 1, 1998.  Each independent

  8  contractor registration receipt is current for 2 years after

  9  the effective date, which shall be listed on the face of the

10  receipt along with the expiration date.  At least 60 days

11  prior to the expiration date of an independent contractor

12  registration receipt, the division shall send notice of the

13  expiration date and an application for renewal to the

14  receiptholder at the address listed on the receipt.  The

15  department may revoke an independent contractor registration

16  receipt if the department determines that a person no longer

17  satisfies the requirements of s. 440.02(13)(d)1.

18         Section 5.  Paragraph (g) of subsection (1) of section

19  440.10, Florida Statutes, is amended to read:

20         440.10  Liability for compensation.--

21         (1)

22         (g)  For purposes of this section, a person is

23  conclusively presumed to be an independent contractor if:

24         1.  The independent contractor provides the general

25  contractor with a current independent contractor registration

26  receipt issued by the division an affidavit stating that he or

27  she meets all the requirements of s. 440.02(13)(d); or and

28         2.  The independent contractor provides the general

29  contractor with a valid certificate of workers' compensation

30  insurance or a valid certificate of exemption issued by the

31  division.

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  1

  2  A sole proprietor, independent contractor, partner, or officer

  3  of a corporation who elects exemption from this chapter by

  4  filing a certificate of election under s. 440.05, or an

  5  independent contractor who provides a current independent

  6  contractor registration receipt issued by the division, may

  7  not recover benefits or compensation under this chapter.

  8         Section 6.  Section 440.103, Florida Statutes, is

  9  amended to read:

10         440.103  Building permits; identification of minimum

11  premium policy.--Except as otherwise provided in this chapter,

12  every employer shall, as a condition to receiving a building

13  permit, show proof that it has secured compensation for its

14  employees under this chapter as provided in ss. 440.10 and

15  440.38. Such proof of compensation must be evidenced by a

16  certificate of coverage issued by the carrier, a valid

17  exemption certificate approved by the division, a current

18  independent contractor registration receipt issued by the

19  division, or a copy of the employer's authority to self-insure

20  and shall be presented each time the employer applies for a

21  building permit. As provided in s. 627.413(5), each

22  certificate of coverage must show, on its face, whether or not

23  coverage is secured under the minimum premium provisions of

24  rules adopted by rating organizations licensed by the

25  Department of Insurance the National Council of Compensation

26  Insurers rules. The words "minimum premium policy" or

27  equivalent similar language shall may be typed, printed,

28  stamped, or legibly handwritten.

29         Section 7.  Subsections (1), (2), and (3) of section

30  440.104, Florida Statutes, are amended to read:

31         440.104  Competitive bidder; civil actions.--

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  1         (1)  Any person engaged in the construction industry,

  2  as provided in s. 440.02(7), who loses a competitive bid for a

  3  contract shall have a cause of may bring an action for damages

  4  against the another person who is awarded the contract for

  5  which the bid was made, if the person making the losing bid

  6  establishes that the winning bidder knew or should have known

  7  that he or she was in violation knowingly violated the

  8  provisions of s. 440.10, s. 440.105, or s. 440.38 while

  9  performing the work under the contract.

10         (2)  To recover in an action brought under this

11  section, a party must establish a violation of s. 440.10, s.

12  440.105, or s. 440.38 by a preponderance of the evidence.

13         (3)  Upon establishing that the winning bidder knew or

14  should have known of the violation occurred, the person shall

15  recover as liquidated damages 30 10 percent of the total

16  amount bid on the contract by the person bringing the action,

17  or $15,000 $5,000, whichever is greater.

18         Section 8.  Subsections (4), (5), (6), and (7) of

19  section 440.105, Florida Statutes, are amended, and subsection

20  (9) is added to said said, to read:

21         440.105  Prohibited activities; penalties;

22  limitations.--

23         (4)  Whoever violates any provision of this subsection

24  commits insurance fraud a felony of the third degree,

25  punishable as provided in paragraph (f) s. 775.082, s.

26  775.083, or s. 775.084.

27         (a)  It shall be unlawful for any employer to

28  knowingly:

29         1.  Present or cause to be presented any false,

30  fraudulent, or misleading oral or written statement to any

31  person as evidence of compliance with s. 440.38.

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  1         2.  Make a deduction from the pay of any employee

  2  entitled to the benefits of this chapter for the purpose of

  3  requiring the employee to pay any portion of premium paid by

  4  the employer to a carrier or to contribute to a benefit fund

  5  or department maintained by such employer for the purpose of

  6  providing compensation or medical services and supplies as

  7  required by this chapter.

  8         3.  Fail to secure payment of compensation if required

  9  to do so by this chapter.

10         (b)  It shall be unlawful for any person:

11         1.  To knowingly make, or cause to be made, any false,

12  fraudulent, or misleading oral or written statement for the

13  purpose of obtaining or denying any benefit or payment under

14  this chapter.

15         2.  To present or cause to be presented any written or

16  oral statement as part of, or in support of, a claim for

17  payment or of other benefit pursuant to any provision of this

18  chapter, knowing that such statement contains any false,

19  incomplete, or misleading information concerning any fact or

20  thing material to such claim.

21         3.  To prepare or cause to be prepared any written or

22  oral statement that is intended to be presented to any

23  employer, insurance company, or self-insured program in

24  connection with, or in support of, any claim for payment or

25  other benefit pursuant to any provision of this chapter,

26  knowing that such statement contains any false, incomplete, or

27  misleading information concerning any fact or thing material

28  to such claim.

29         4.  To knowingly assist, conspire with, or urge any

30  person to engage in activity prohibited by this section.

31

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  1         5.  To knowingly make any false, fraudulent, or

  2  misleading oral or written statement, or to knowingly omit or

  3  conceal material information, required by s. 440.185 or s.

  4  440.381, for the purpose of obtaining workers' compensation

  5  coverage or for the purpose of avoiding, delaying, or

  6  diminishing the amount of payment of any workers' compensation

  7  premiums.

  8         6.  To knowingly misrepresent or conceal payroll,

  9  classification of workers, or information regarding an

10  employer's loss history which would be material to the

11  computation and application of an experience rating

12  modification factor for the purpose of avoiding or diminishing

13  the amount of payment of any workers' compensation premiums.

14         7.  To knowingly present or cause to be presented any

15  false, fraudulent, or misleading oral or written statement to

16  any person as evidence of compliance with s. 440.38, as

17  evidence of eligibility for a certificate of exemption under

18  s. 440.05 or as evidence of eligibility for an independent

19  contractor registration receipt under s. 440.052.

20         (c)  It shall be unlawful for any physician licensed

21  under chapter 458, osteopathic physician licensed under

22  chapter 459, chiropractic physician licensed under chapter

23  460, podiatric physician licensed under chapter 461,

24  optometric physician licensed under chapter 463, or any other

25  practitioner licensed under the laws of this state to

26  knowingly and willfully assist, conspire with, or urge any

27  person to fraudulently violate any of the provisions of this

28  chapter.

29         (d)  It shall be unlawful for any person or

30  governmental entity licensed under chapter 395 to maintain or

31  operate a hospital in such a manner so that such person or

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  1  governmental entity knowingly and willfully allows the use of

  2  the facilities of such hospital by any person, in a scheme or

  3  conspiracy to fraudulently violate any of the provisions of

  4  this chapter.

  5         (e)  It shall be unlawful for any attorney or other

  6  person, in his or her individual capacity or in his or her

  7  capacity as a public or private employee, or any firm,

  8  corporation, partnership, or association, to knowingly assist,

  9  conspire with, or urge any person to fraudulently violate any

10  of the provisions of this chapter.

11         (f)  If the amount of any claim or workers'

12  compensation insurance premium involved in any violation of

13  this subsection:

14         1.  Is less than $20,000, the offender commits a felony

15  of the third degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084.

17         2.  Is $20,000 or more, but less than $100,000, the

18  offender commits a felony of the second degree, punishable as

19  provided in s. 775.082, s. 775.083, or s. 775.084.

20         3.  Is $100,000 or more, the offender commits a felony

21  of the first degree, punishable as provided in s. 775.082, s.

22  775.083, or s. 775.084.

23         (5)  It shall be unlawful for any attorney or other

24  person, in his or her individual capacity or in his or her

25  capacity as a public or private employee or for any firm,

26  corporation, partnership, or association, to unlawfully

27  solicit any business in and about city or county hospitals,

28  courts, or any public institution or public place; in and

29  about private hospitals or sanitariums; in and about any

30  private institution; or upon private property of any character

31  whatsoever for the purpose of making workers' compensation

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  1  claims. Whoever violates any provision of this subsection

  2  commits a felony of the third degree, punishable as provided

  3  in s. 775.082, s. 775.083, or s. 775.085.

  4         (6)(5)  This section shall not be construed to preclude

  5  the applicability of any other provision of criminal law that

  6  applies or may apply to any transaction.

  7         (7)(6)  For the purpose of the section, the term

  8  "statement" includes, but is not limited to, any notice,

  9  representation, statement, proof of injury, bill for services,

10  diagnosis, prescription, hospital or doctor records, X ray,

11  test result, or other evidence of loss, injury, or expense.

12         (8)(7)  All claim forms as provided for in this chapter

13  shall contain a notice that clearly states in substance the

14  following: "Any person who, knowingly and with intent to

15  injure, defraud, or deceive any employer or employee,

16  insurance company, or self-insured program, files a statement

17  of claim containing any false or misleading information

18  commits insurance fraud, punishable as provided in s. 817.234

19  is guilty of a felony of the third degree." Each claimant

20  shall personally sign the claim form and attest that he or she

21  has reviewed, understands, and acknowledges the foregoing

22  notice.

23         (9)  Notwithstanding any other provision of law, a

24  proceeding under subsection (4) may be commenced at any time

25  within 5 years after the cause of action accrues, however, in

26  such proceeding, the period of limitation is tolled whenever

27  the defendant is continuously absent from this state or is

28  without a reasonably ascertainable place of residence or work

29  within this state, but not to extend such period of limitation

30  by more than 1 year.  If a criminal prosecution, action, or

31  other proceeding is brought, or intervened in, to punish,

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  1  prevent, or restrain any violation of this section, the

  2  running of the period of limitation prescribed by this

  3  section, which is based on whole or in part upon any matter

  4  complained of in any such prosecution, action, or proceeding,

  5  shall be tolled during the pendency, and for 2 years following

  6  the termination, of such prosecution, action, or proceeding.

  7         Section 9.  Subsections (1) and (3) of section 440.107,

  8  Florida Statutes, are amended, subsection (7) is renumbered as

  9  subsection (12), and new subsections (7), (8), (9), (10), and

10  (11) are added to said section, to read:

11         440.107  Division powers to enforce employer compliance

12  with coverage requirements.--

13         (1)  The Legislature finds that the failure of an

14  employer to comply with the workers' compensation coverage

15  requirements under chapter 440 poses an immediate danger to

16  public health, safety, and welfare.  The Legislature

17  authorizes the division to secure employer compliance with the

18  workers' compensation coverage requirements under chapter 440.

19  Whenever the division reasonably believes determines that an

20  employer is not in compliance with such workers' compensation

21  requirements, the division shall immediately issue to the

22  employer an order to show cause why the division should not

23  serve a stop-work order.  The employer shall have 24 hours to

24  respond to the order to show cause and to provide evidence

25  satisfactory to the division that the employer has secured

26  compensation for its employees under this chapter as provided

27  in ss. 440.10 and 440.38. Such proof of compensation must be

28  evidenced by a certificate of coverage issued by the carrier,

29  a valid exemption certificate approved by the division, or a

30  copy of the employer's authority to self-insure.  If the

31  division determines that an employer's response is

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  1  unsatisfactory, who is required to secure the payment to his

  2  or her employees of the compensation provided for by this

  3  chapter has failed to do so, such failure shall be deemed an

  4  immediate serious danger to public health, safety, or welfare

  5  sufficient to justify service by the division shall

  6  immediately issue of a stop-work order on the employer,

  7  requiring the cessation of all business operations at the

  8  place of employment or job site. The order shall take effect

  9  upon the date of service upon the employer, unless the

10  employer provides evidence satisfactory to the division of

11  having secured any necessary insurance or self-insurance and

12  pays a civil penalty to the division, to be deposited by the

13  division into the Workers' Compensation Administration Trust

14  Fund, in the amount of $100 per day for each day the employer

15  was not in compliance with this chapter.

16         (3)  In addition to any penalty or, stop-work order

17  imposed under subsection (1), or injunction obtained under

18  subsection (2), the division:

19         (a)  May assess against any employer, found to be in

20  noncompliance with workers' compensation coverage requirements

21  who has failed to secure the payment of compensation as

22  required by this chapter, a penalty in the amount of:

23         1.(a)  Twice the amount the employer would have paid

24  during periods of noncompliance with workers' compensation

25  coverage requirements it illegally failed to secure payment of

26  compensation in the preceding 3-year period based on the

27  employer's payroll during the preceding 3-year period; or

28         2.(b)  One thousand dollars, whichever is greater.

29         (b)  Shall assess the penalty provided in paragraph (a)

30  against any employer who as been served a stop-work order

31  pursuant to this section within the previous 2 years.

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  1

  2  Any penalty assessed under this subsection is due within 30

  3  days after the date on which the employer is notified, except

  4  that, if the division has posted a stop-work order or obtained

  5  injunctive relief against the employer, payment is due, in

  6  addition to those conditions set forth in this section, as a

  7  condition to relief from a stop-work order or an injunction.

  8  Interest shall accrue on amounts not paid when due at the rate

  9  of 1 percent per month.

10         (7)  The division may conduct investigations for the

11  purpose of ensuring employer compliance with workers'

12  compensation coverage requirements.

13         (8)  Each employer shall keep true and accurate work

14  records containing information necessary for the division to

15  determine compliance with workers' compensation coverage

16  requirements under chapter 440.  Such work records shall be

17  open to inspection and shall be available for copying by the

18  division at any reasonable time and as often as may be

19  necessary.  The division may require from any employer any

20  sworn or unsworn reports, pertaining to persons employed by

21  that employer, deemed necessary for the effective

22  administration of workers' compensation coverage requirements.

23         (9)(a)  If the division has reason to believe that an

24  employer is not in compliance with workers' compensation

25  coverage requirements, the division, or any duly authorized

26  representative of the division, shall, for the limited purpose

27  of determining compliance with workers' compensation coverage

28  requirements, have the power to administer oaths and

29  affirmations and issue subpoenas to compel the attendance of

30  witnesses and the production of books, papers, correspondence,

31  memoranda, and other records deemed necessary as evidence

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  1  relevant to the determination of compliance with workers'

  2  compensation coverage requirements.

  3         (b)  The division may request that any individual

  4  refusing to comply with any subpoena be ordered by the circuit

  5  court to provide the testimony or produce the material which

  6  is the subject of the subpoena.  The court shall not order

  7  such compliance unless the division has demonstrated to the

  8  satisfaction of the court that the testimony of the witness or

  9  the production under request is relevant to the workers'

10  compensation coverage requirements or is pertinent and

11  necessary to further such investigation.

12         (c)  Except in a prosecution for perjury, an individual

13  who complies with a court order to provide testimony or

14  produce relevant materials after asserting a privilege against

15  self-incrimination to which the individual is entitled by law

16  may not have the testimony or matter used against them in a

17  criminal or civil proceeding.

18         (10)  If, by its own investigation, the division has

19  obtained evidence that an employer is not in compliance with

20  workers' compensation coverage requirements, the division or

21  an authorized representatives may enter and inspect that

22  employer's place of employment at any reasonable time for the

23  purpose of investigating compliance with workers' compensation

24  coverage requirements.

25         (11)  Any employer or owner who without just cause

26  refuses to admit any authorized representative of the division

27  into any place of employment or to allow investigation and

28  inspection pursuant to this section commits a misdemeanor of

29  the second degree, punishable as provided in s. 775.082 or s.

30  775.083.  Any person who without just cause fails or refuses

31  to attend and testify or to answer any lawful inquiry or to

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  1  produce books, papers, correspondence, memoranda, or other

  2  records, if it is in her or his power to do so, in obedience

  3  to a subpoena of the division, or a duly authorized

  4  representative of such person fails to do so, commits a

  5  misdemeanor of the second degree, punishable as provided in s.

  6  775.082 or s. 775.083 and each day such violation continues is

  7  a separate offense.

  8         Section 10.  Subsections (2) and (7) of section

  9  440.185, Florida Statutes, are amended to read:

10         440.185  Notice of injury or death; reports; penalties

11  for violations.--

12         (2)  Within 7 days after actual knowledge of injury or

13  death, the employer shall report such injury or death to its

14  carrier, in a format prescribed by the division, and shall

15  provide a copy of such report to the employee or the

16  employee's estate. The report of injury shall be deemed a

17  medical record for purposes of s. 440.125 and shall contain

18  the following information:

19         (a)  The name, address, and business of the employer;

20         (b)  The name, social security number, street, mailing

21  address, telephone number, and occupation of the employee;

22         (c)  The cause and nature of the injury or death;

23         (d)  The year, month, day, and hour when, and the

24  particular locality where, the injury or death occurred; and

25         (e)  Such other information as the division may

26  require.

27

28  The carrier shall, within 14 days after the employer's receipt

29  of the form reporting the injury, file the information

30  required by this subsection with the division in Tallahassee.

31  However, the division may by rule provide for a different

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  1  reporting system for those types of injuries which it

  2  determines should be reported in a different manner and for

  3  those cases which involve minor injuries requiring

  4  professional medical attention in which the employee does not

  5  lose more than 7 days of work as a result of the injury and is

  6  able to return to the job immediately after treatment and

  7  resume regular work.

  8         (7)  Every carrier shall file with the division within

  9  21 days after the issuance of a policy or contract of

10  insurance such policy information as the division may require,

11  including notice of whether the policy is a minimum premium

12  policy. Notice of cancellation or expiration of a policy as

13  set out in s. 440.42(2) shall be mailed to the division in

14  accordance with rules promulgated by the division under

15  chapter 120.

16         Section 11.  Subsections (2) and (3) of section 440.42,

17  Florida Statutes, are renumbered as subsections (3) and (4),

18  respectively, and new subsection (2) is added to said section,

19  to read:

20         440.42  Insurance policies; liability.--

21         (2)  A workers' compensation insurance policy may

22  require the employer to release certain employment and wage

23  information maintained by the state pursuant to federal and

24  state unemployment compensation laws except to the extent

25  prohibited or limited under federal law.  By entering into a

26  workers' compensation insurance policy with such a provision,

27  the employer consents to the release of the information.  The

28  insurance carrier requiring such consent shall safeguard the

29  information and maintain its confidentiality.  The carrier

30  shall limit use of the information to verifying compliance

31  with the terms of the workers' compensation insurance policy.

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  1  The department may charge a fee to cover the cost of

  2  disclosing the information.

  3         Section 12.  Subsection (9) is added to section

  4  626.989, Florida Statutes, to read:

  5         626.989  Division of Insurance Fraud; definition;

  6  investigative, subpoena powers; protection from civil

  7  liability; reports to division; division investigator's power

  8  to execute warrants and make arrests.--

  9         (9)  In recognition of the complementary roles of

10  investigating instances of workers' compensation fraud and

11  enforcing compliance with the workers' compensation coverage

12  requirements under chapter 440, the Division of Insurance

13  Fraud of the Department of Insurance and the Division of

14  Workers' Compensation of the Department of Labor and

15  Employment Security are directed to prepare and submit a joint

16  performance report to the President of the Senate and the

17  Speaker of the House of Representatives by November 1 of each

18  year for each of the next 2 years, and then every 3 years

19  thereafter, describing the results obtained in achieving

20  compliance with the workers' compensation coverage

21  requirements and reducing the incidence of workers'

22  compensation fraud.

23         Section 13.  Subsection (5) is added to section

24  627.413, Florida Statutes, to read:

25         627.413  Contents of policies, in general;

26  identification.--

27         (5)  Any policy that is a minimum premium policy issued

28  by an insurer pursuant to the minimum premium provisions of

29  rules adopted by rating organizations licensed by the

30  Department of Insurance, shall have typed, printed, stamped,

31  or legibly handwritten on the certificate the words "minimum

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  1  premium policy" or equivalent language.  The department may

  2  impose an administrative fine pursuant to s. 624.4211 if the

  3  department finds any violation of this subsection.

  4         Section 14.  Except as otherwise provided herein, this

  5  act shall take effect October 1 of the year in which enacted.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Revises provisions of chapters 440 and 627, Florida
10    Statutes, to ensure compliance with workers' compensation
      insurance requirements and combat workers' compensation
11    insurance fraud. See bill for details.

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