HOUSE AMENDMENT Bill No. HB 25A
1	CHAMBER ACTION
2	Senate House
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12	Representatives Berfield, Brown, Clarke, Goodlette, and Ross
13	offered the following:
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15	Amendment
16	Remove line(s) 1532-1578, and insert:
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18	(7)(a)(5)Whenever the department determines that an
19	employer who is required to secure the payment to his or her
20	employees of the compensation provided for by this chapter has
21	failed to secure the payment of workers' compensation required
22	by this chapter or to produce the required business records
23	under subsection (5) within 5 business days after receipt of the
24	written request of the departmentdo so, such failure shall be
25	deemed an immediate serious danger to public health, safety, or
26	welfare sufficient to justify service by the department of a
27	stop-work order on the employer, requiring the cessation of all
28	business operations at the place of employment or job site. If
29	the departmentdivision makes such a determination, the
30	departmentdivisionshall issue a stop-work order within 72
31	hours. The order shall take effect when served upon the date of
32	service upon the employer or, for a particular employer work
33	site, when served at that work site, unless the employer
34	provides evidence satisfactory to the department of having
35	secured any necessary insurance or self-insurance and pays a
36	civil penalty to the department, to be deposited by the
37	department into the Workers' Compensation Administration Trust
38	Fund, in the amount of $100 per day for each day the employer
39	was not in compliance with this chapter. In addition to serving
40	a stop-work order at a particular work site which shall be
41	effective immediately, the department shall immediately proceed
42	with service upon the employer which shall be effective upon all
43	employer work sites in the state for which the employer is not
44	in compliance. A stop-work order may be served with regard to an
45	employer’s work site by posting a copy of the stop-work order in
46	a conspicuous location at the work site. The order shall remain
47	in effect until the department issues an order releasing the
48	stop-work order upon a finding that the employer has come into
49	compliance with the coverage requirements of this chapter and
50	has paid any penalty assessed under this section. The department
51	may require an employer who is found to have failed to comply
52	with the coverage requirements of s. 440.38 to file with the
53	department, as a condition of release from a stop-work order,
54	periodic reports for a probationary period that shall not exceed
55	2 years that demonstrate the employer’s continued compliance
56	with this chapter. The department shall by rule specify the
57	reports required and the time for filing under this subsection.
58	(b) Stop-work orders and penalty assessment orders issued
59	under this section against a corporation, partnership, or sole
60	proprietorship shall be in effect against any successor
61	corporation or business entity that has one or more of the same
62	principals or officers as the corporation or partnership against
63	which the stop-work order was issued and are engaged in the same
64	or equivalent trade or activity.