SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 215182
CHAMBER ACTION
Senate House
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11 Senators Clary and Atwater moved the following amendment:
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13 Senate Amendment
14 On lines 1500-1546, delete those lines
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16 and insert:
17 (7)(a)(5) Whenever the department determines that an
18 employer who is required to secure the payment to his or her
19 employees of the compensation provided for by this chapter has
20 failed to secure the payment of workers' compensation required
21 by this chapter or to produce required business records
22 pursuant to subsection (5) within 5 business days after the
23 written request of the department do so, such failure shall be
24 deemed an immediate serious danger to public health, safety,
25 or welfare sufficient to justify service by the department of
26 a stop-work order on the employer, requiring the cessation of
27 all business operations at the place of employment or job
28 site. If the department division makes such a determination,
29 the department division shall issue a stop-work order within
30 72 hours. The order shall take effect when served upon the
31 date of service upon the employer or, for a particular
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SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 215182
1 employer work site, when served at that work site, unless the
2 employer provides evidence satisfactory to the department of
3 having secured any necessary insurance or self-insurance and
4 pays a civil penalty to the department, to be deposited by the
5 department into the Workers' Compensation Administration Trust
6 Fund, in the amount of $100 per day for each day the employer
7 was not in compliance with this chapter. In addition to
8 serving a stop-work order at a particular work site which
9 shall be effective immediately, the department shall
10 immediately proceed with service upon the employer which shall
11 be effective upon all employer work sites in the state for
12 which the non-compliance applies. A stop-work order may be
13 served with regard to an employer's work site by posting a
14 copy of the stop-work order in a conspicuous location at the
15 work site. The order shall remain in effect until the
16 department issues an order releasing the stop-work order upon
17 a finding that the employer has come into compliance with the
18 coverage requirements of this chapter and has paid any penalty
19 assessed under this section. The department may require an
20 employer who is found to have failed to comply with the
21 coverage requirements of s. 440.38 to file with the
22 department, as a condition of release from a stop-work order,
23 periodic reports for a probationary period that shall not
24 exceed 2 years that demonstrate the employer's continued
25 compliance with this chapter. The department shall by rule
26 specify the reports required and the time for filing under
27 this subsection.
28 (b) Stop-work orders and penalty-assessment orders
29 issued under this section against a corporation, partnership,
30 or sole proprietorship shall be in effect against any
31 successor corporation or business entity that has one or more
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SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 215182
1 of the same principals or officers as the corporation or
2 partnership against which the stop-work order was issued and
3 are engaged in the same or equivalent trade or activity.
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