Senate Bill sb1652c1

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    Florida Senate - 2005                           CS for SB 1652

    By the Committee on Commerce and Consumer Services; and
    Senator King




    577-1755-05

  1                      A bill to be entitled

  2         An act relating to unemployment compensation;

  3         amending s. 120.80, F.S.; exempting proceedings

  4         conducted by special deputies under chapter

  5         443, F.S., from uniform rules of procedure;

  6         amending s. 443.071, F.S.; prohibiting

  7         establishing a fictitious employing unit for

  8         the purpose of receiving unemployment benefits;

  9         describing those acts that constitute prima

10         facie evidence of establishing a personal

11         benefit account and of claiming and receiving

12         unemployment benefits; providing penalties;

13         providing for access to certain investigative

14         records; amending s. 443.091, F.S.; revising

15         certain conditions of benefit eligibility;

16         amending s. 443.1216, F.S.; clarifying powers

17         of employee leasing companies in leasing

18         officers and other workers to clients;

19         restating types of employment exempt from

20         coverage under chapter 443, F.S.; amending s.

21         443.1217, F.S.; providing applicability of

22         guidelines for determining those wages subject

23         to chapter 443, F.S.; amending s. 443.131,

24         F.S.; redefining the term "total excess

25         payments"; prescribing guidelines for

26         transferring unemployment experience upon

27         transfer or acquisition of a business;

28         providing penalties for unlawful acts related

29         to such transfer; amending s. 443.1317, F.S.;

30         providing for an official seal for the Agency

31         for Workforce Innovation; amending s. 443.151,

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 1         F.S.; prescribing procedures with respect to

 2         untimely appeals; amending s. 895.02, F.S.;

 3         redefining the term "racketeering activity,"

 4         for purposes of the criminal statutes

 5         pertaining to that offense, to include creation

 6         of fictitious employer schemes to commit

 7         unemployment compensation fraud; reenacting ss.

 8         16.56(1)(a) and 905.34, F.S., relating to the

 9         Office of Statewide Prosecution and to the

10         powers and duties of a statewide grand jury,

11         respectively, to incorporate the amendment to

12         s. 895.02, F.S., in references thereto;

13         reenacting ss. 655.50(3)(g) and 896.101(2)(g),

14         relating to the Florida Control of Money

15         Laundering in the Financial Institutions Act

16         and the Florida Money Laundering Act,

17         respectively, to incorporate the amendment to

18         s. 895.02, F.S., in references thereto;

19         providing effective dates.

20  

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

22  

23         Section 1.  Paragraph (b) of subsection (10) of section

24  120.80, Florida Statutes, is amended to read:

25         120.80  Exceptions and special requirements;

26  agencies.--

27         (10)  AGENCY FOR WORKFORCE INNOVATION.--

28         (b)  Notwithstanding s. 120.54(5), the uniform rules of

29  procedure do not apply to appeal proceedings conducted under

30  chapter 443 by the Unemployment Appeals Commission, special

31  deputies, or unemployment appeals referees.

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 1         Section 2.  Present subsection (4) of section 443.071,

 2  Florida Statutes, is renumbered as subsection (5) and amended,

 3  and a new subsection (4) and subsections (6), (7), and (8) are

 4  added to that section, to read:

 5         443.071  Penalties.--

 6         (4)  Any person who establishes a fictitious employing

 7  unit and submits to the Agency for Workforce Innovation or its

 8  tax collection service provider fraudulent employing unit

 9  records or tax or wage reports by:

10         (a)  Introducing fraudulent records into a computer

11  system;

12         (b)  Using computer facilities without authorization;

13         (c)  Intentionally or deliberately altering or

14  destroying computerized information or files; or

15         (d)  Stealing financial instruments, data, or other

16  assets

17  

18  for the purpose of enabling herself or himself or any other

19  person to receive benefits under this chapter to which the

20  recipient is not entitled commits a felony of the third

21  degree, punishable as provided in s. 775.082, s. 775.083, or

22  s. 775.084.

23         (5)(4)  In any prosecution or action under this

24  section, the entry into evidence of the signature of a person

25  on a document, letter, or other writing constitutes prima

26  facie evidence of the person's identity if the following

27  conditions exist:

28         (a)  The document includes the person's person gives

29  her or his name, residence address, and home telephone number,

30  present or former place of employment, gender, date of birth,

31  social security number, height, weight, and race.

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 1         (b)  The signature of the person is witnessed by an

 2  agent or employee of the Agency for Workforce Innovation or

 3  its tax collection service provider at the time the document,

 4  letter, or other writing is filed.

 5         (6)  The entry into evidence of an application for

 6  unemployment benefits initiated by the use of the Internet

 7  Claims program or the interactive voice response system

 8  telephone claims program of the Agency for Workforce

 9  Innovation constitutes prima facie evidence of the

10  establishment of a personal benefit account by or for an

11  individual if the following information is provided: the

12  applicant's name, residence address, date of birth, social

13  security number, and present or former place of work.

14         (7)  The entry into evidence of a transaction history

15  generated by a personal identification number establishing

16  that a certification or claim for a week or weeks of benefits

17  was made against the benefit account of the individual

18  together with documentation that payment was paid by a state

19  warrant made to the order of the person or by direct deposit

20  via electronic means constitutes prima facie evidence that the

21  person claimed and received unemployment benefits from the

22  state.

23         (8)  All records relating to investigations of

24  unemployment compensation fraud in the custody of the Agency

25  for Workforce Innovation or its tax collection service

26  provider are available for examination by the Department of

27  Law Enforcement, the state attorney, or the Office of the

28  Statewide Prosecutor in the prosecution of offenses under s.

29  817.568, criminal use of personal identification information,

30  or in proceedings brought under this chapter.

31  

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 1         Section 3.  Paragraph (c) of subsection (1) of section

 2  443.091, Florida Statutes, is amended to read:

 3         443.091  Benefit eligibility conditions.--

 4         (1)  An unemployed individual is eligible to receive

 5  benefits for any week only if the Agency for Workforce

 6  Innovation finds that:

 7         (c)1.  She or he is able to work and is available for

 8  work. In order to assess eligibility for a claimed week of

 9  unemployment, the Agency for Workforce Innovation shall

10  develop criteria to determine a claimant's ability to work and

11  availability for work.

12         2.  Notwithstanding any other provision of this

13  paragraph or paragraphs (b) and (d) section, an otherwise

14  eligible individual may not be denied benefits for any week

15  because she or he is in training with the approval of the

16  Agency for Workforce Innovation, and such an individual may

17  not be denied benefits for any week in which she or he is in

18  training with the approval of the Agency for Workforce

19  Innovation by reason of subparagraph 1. relating to

20  availability for work, or s. 443.101(2) relating to failure to

21  apply for, or refusal to accept, suitable work. Training may

22  be approved by the Agency for Workforce Innovation in

23  accordance with criteria prescribed by rule. A claimant's

24  eligibility during approved training is contingent upon

25  satisfying eligibility conditions prescribed by rule.

26         3.  Notwithstanding any other provision of this

27  chapter, an individual who is in training approved under s.

28  236(a)(1) of the Trade Act of 1974, as amended, may not be

29  determined to be ineligible or disqualified for benefits with

30  respect to her or his enrollment in such training or because

31  of leaving work that is not suitable employment to enter such

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 1  training. As used in this subparagraph, the term "suitable

 2  employment" means, for a worker, work of a substantially equal

 3  or higher skill level than the worker's past adversely

 4  affected employment, as defined for purposes of the Trade Act

 5  of 1974, as amended, the wages for which are at least 80

 6  percent of the worker's average weekly wage as determined for

 7  purposes of the Trade Act of 1974, as amended.

 8         4.  Notwithstanding any other provision of this

 9  section, an otherwise eligible individual may not be denied

10  benefits for any week by reason of subparagraph 1. because she

11  or he is before any court of the United States or any state

12  under a lawfully issued summons to appear for jury duty.

13         Section 4.  Paragraph (a) of subsection (1) and

14  subsection (13) of section 443.1216, Florida Statutes, are

15  amended to read:

16         443.1216  Employment.--Employment, as defined in s.

17  443.036, is subject to this chapter under the following

18  conditions:

19         (1)(a)  The employment subject to this chapter includes

20  a service performed, including a service performed in

21  interstate commerce, by:

22         1.  An officer of a corporation.

23         2.  An individual who, under the usual common-law rules

24  applicable in determining the employer-employee relationship,

25  is an employee. However, whenever a client, as defined in s.

26  443.036(18), which would otherwise be designated as an

27  employing unit has contracted with an employee leasing company

28  to supply it with workers, those workers are considered

29  employees of the employee leasing company. An employee leasing

30  company may lease corporate officers of the client to the

31  client and to other workers to the client, except as

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 1  prohibited by regulations of the Internal Revenue Service.

 2  Employees of an employee leasing company must be reported

 3  under the employee leasing company's tax identification number

 4  and contribution rate for work performed for the employee

 5  leasing company.

 6         3.  An individual other than an individual who is an

 7  employee under subparagraph 1. or subparagraph 2., who

 8  performs services for remuneration for any person:

 9         a.  As an agent-driver or commission-driver engaged in

10  distributing meat products, vegetable products, fruit

11  products, bakery products, beverages other than milk, or

12  laundry or drycleaning services for his or her principal.

13         b.  As a traveling or city salesperson engaged on a

14  full-time basis in the solicitation on behalf of, and the

15  transmission to, his or her principal of orders from

16  wholesalers, retailers, contractors, or operators of hotels,

17  restaurants, or other similar establishments for merchandise

18  for resale or supplies for use in their business operations.

19  This sub-subparagraph does not apply to an agent-driver or a

20  commission-driver and does not apply to sideline sales

21  activities performed on behalf of a person other than the

22  salesperson's principal.

23         4.  The services described in subparagraph 3. are

24  employment subject to this chapter only if:

25         a.  The contract of service contemplates that

26  substantially all of the services are to be performed

27  personally by the individual;

28         b.  The individual does not have a substantial

29  investment in facilities used in connection with the services,

30  other than facilities used for transportation; and

31  

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 1         c.  The services are not in the nature of a single

 2  transaction that is not part of a continuing relationship with

 3  the person for whom the services are performed.

 4         (13)  The following are employment is exempt from

 5  coverage under this chapter:

 6         (a)  Domestic service in a private home, local college

 7  club, or local chapter of a college fraternity or sorority,

 8  except as provided in subsection (6).

 9         (b)  Service performed on or in connection with a

10  vessel or aircraft that is not an American vessel or American

11  aircraft, if the employee is employed on and in connection

12  with the vessel or aircraft while the vessel or aircraft is

13  outside the United States.

14         (c)  Service performed by an individual engaged in, or

15  as an officer or member of the crew of a vessel engaged in,

16  the catching, taking, harvesting, cultivating, or farming of

17  any kind of fish, shellfish, crustacea, sponges, seaweeds, or

18  other aquatic forms of animal and vegetable life, including

19  service performed by an individual as an ordinary incident to

20  engaging in those activities, except:

21         1.  Service performed in connection with the catching

22  or taking of salmon or halibut for commercial purposes.

23         2.  Service performed on, or in connection with, a

24  vessel of more than 10 net tons, determined in the manner

25  provided for determining the registered tonnage of merchant

26  vessels under the laws of the United States.

27         (d)  Service performed by an individual in the employ

28  of his or her son, daughter, or spouse, including step

29  relationships, and service performed by a child, or stepchild,

30  under the age of 21 in the employ of his or her father,

31  mother, stepfather, or stepmother.

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 1         (e)  Service performed in the employ of the Federal

 2  Government or of an instrumentality of the Federal Government

 3  which is:

 4         1.  Wholly or partially owned by the United States.

 5         2.  Exempt from the tax imposed by s. 3301 of the

 6  Internal Revenue Code under a federal law that specifically

 7  cites s. 3301, or the corresponding section of prior law, in

 8  granting the exemption. However, to the extent that the United

 9  States Congress permits the state to require an

10  instrumentality of the Federal Government to make payments

11  into the Unemployment Compensation Trust Fund under this

12  chapter, this chapter applies to that instrumentality, and to

13  services performed for that instrumentality, in the same

14  manner, to the same extent, and on the same terms as other

15  employers, employing units, individuals, and services. If this

16  state is not certified for any year by the Secretary of Labor

17  under s. 3304 of the federal Internal Revenue Code, the tax

18  collection service provider shall refund the payments required

19  of each instrumentality of the Federal Government for that

20  year from the fund in the same manner and within the same

21  period as provided in s. 443.141(6) for contributions

22  erroneously collected.

23         (f)  Service performed in the employ of a public

24  employer as defined in s. 443.036, except as provided in

25  subsection (2), and service performed in the employ of an

26  instrumentality of a public employer as described in s.

27  443.036(35)(b) or (c), to the extent that the instrumentality

28  is immune under the United States Constitution from the tax

29  imposed by s. 3301 of the Internal Revenue Code for that

30  service.

31  

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 1         (g)  Service performed in the employ of a corporation,

 2  community chest, fund, or foundation that is organized and

 3  operated exclusively for religious, charitable, scientific,

 4  testing for public safety, literary, or educational purposes

 5  or for the prevention of cruelty to children or animals. This

 6  exemption does not apply to an employer if part of the

 7  employer's net earnings inures to the benefit of any private

 8  shareholder or individual or if a substantial part of the

 9  employer's activities involve carrying on propaganda,

10  otherwise attempting to influence legislation, or

11  participating or intervening in, including the publishing or

12  distributing of statements, a political campaign on behalf of

13  a candidate for public office, except as provided in

14  subsection (3).

15         (h)  Service for which unemployment compensation is

16  payable under an unemployment compensation system established

17  by the United States Congress, of which this chapter is not a

18  part.

19         (i)1.  Service performed during a calendar quarter in

20  the employ of an organization exempt from the federal income

21  tax under s. 501(a) of the Internal Revenue Code, other than

22  an organization described in s. 401(a), or under s. 521, if

23  the remuneration for the service is less than $50.

24         2.  Service performed in the employ of a school,

25  college, or university, if the service is performed by a

26  student who is enrolled and is regularly attending classes at

27  the school, college, or university.

28         (j)  Service performed in the employ of a foreign

29  government, including service as a consular or other officer

30  or employee of a nondiplomatic representative.

31  

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 1         (k)  Service performed in the employ of an

 2  instrumentality wholly owned by a foreign government if:

 3         1.  The service is of a character similar to that

 4  performed in foreign countries by employees of the Federal

 5  Government or of an instrumentality of the Federal Government;

 6  and

 7         2.  The United States Secretary of State certifies to

 8  the United States Secretary of the Treasury that the foreign

 9  government for whose instrumentality the exemption is claimed

10  grants an equivalent exemption for similar service performed

11  in the foreign country by employees of the Federal Government

12  and of instrumentalities of the Federal Government.

13         (l)  Service performed as a student nurse in the employ

14  of a hospital or a nurses' training school by an individual

15  who is enrolled and is regularly attending classes in a

16  nurses' training school chartered or approved under state law,

17  service performed as an intern in the employ of a hospital by

18  an individual who has completed a 4-year course in a medical

19  school chartered or approved under state law, and service

20  performed by a patient of a hospital for the hospital.

21         (m)  Service performed by an individual for a person as

22  an insurance agent or as an insurance solicitor, if all of the

23  service performed by the individual for that person is

24  performed for remuneration solely by way of commission, except

25  for services performed in accordance with 26 U.S.C. s.

26  3306(c)(7) and (8). For purposes of this section, those

27  benefits excluded from the wages subject to this chapter under

28  s. 443.1217(2)(b)-(f), inclusive, are not considered

29  remuneration.

30         (n)  Service performed by an individual for a person as

31  a real estate salesperson or agent, if all of the service

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 1  performed by the individual for that person is performed for

 2  remuneration solely by way of commission.

 3         (o)  Service performed by an individual under the age

 4  of 18 in the delivery or distribution of newspapers or

 5  shopping news, excluding delivery or distribution to any point

 6  for subsequent delivery or distribution.

 7         (p)  Service covered by an arrangement between the

 8  Agency for Workforce Innovation, or its tax collection service

 9  provider, and the agency charged with the administration of

10  another state or federal unemployment compensation law under

11  which all services performed by an individual for an employing

12  unit during the period covered by the employing unit's duly

13  approved election is deemed to be performed entirely within

14  the other agency's state or under the federal law.

15         (q)  Service performed by an individual enrolled at a

16  nonprofit or public educational institution that normally

17  maintains a regular faculty and curriculum and normally has a

18  regularly organized body of students in attendance at the

19  place where its educational activities are carried on, if the

20  institution certifies to the employer that the individual is a

21  student in a full-time program, taken for credit at the

22  institution that combines academic instruction with work

23  experience, and that the service is an integral part of the

24  program. This paragraph does not apply to service performed in

25  a program established for or on behalf of an employer or group

26  of employers.

27         (r)  Service performed by an individual for a person as

28  a barber, if all of the service performed by the individual

29  for that person is performed for remuneration solely by way of

30  commission.

31  

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 1         (s)  Casual labor not in the course of the employer's

 2  trade or business.

 3         (t)  Service performed by a speech therapist,

 4  occupational therapist, or physical therapist who is

 5  nonsalaried and working under a written contract with a home

 6  health agency as defined in s. 400.462.

 7         (u)  Service performed by a direct seller. As used in

 8  this paragraph, the term "direct seller" means a person:

 9         1.a.  Who is engaged in the trade or business of

10  selling or soliciting the sale of consumer products to buyers

11  on a buy-sell basis, on a deposit-commission basis, or on a

12  similar basis, for resale in the home or in another place that

13  is not a permanent retail establishment; or

14         b.  Who is engaged in the trade or business of selling

15  or soliciting the sale of consumer products in the home or in

16  another place that is not a permanent retail establishment;

17         2.  Substantially all of whose remuneration for

18  services described in subparagraph 1., regardless of whether

19  paid in cash, is directly related to sales or other output,

20  rather than to the number of hours worked; and

21         3.  Who performs the services under a written contract

22  with the person for whom the services are performed, if the

23  contract provides that the person will not be treated as an

24  employee for those services for federal tax purposes.

25         (v)  Service performed by a nonresident alien for the

26  period he or she is temporarily present in the United States

27  as a nonimmigrant under subparagraph (F) or subparagraph (J)

28  of s. 101(a)(15) of the Immigration and Nationality Act, and

29  which is performed to carry out the purpose specified in

30  subparagraph (F) or subparagraph (J), as applicable.

31  

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 1         (w)  Service performed by an individual for

 2  remuneration for a private, for-profit delivery or messenger

 3  service, if the individual:

 4         1.  Is free to accept or reject jobs from the delivery

 5  or messenger service and the delivery or messenger service

 6  does not have control over when the individual works;

 7         2.  Is remunerated for each delivery, or the

 8  remuneration is based on factors that relate to the work

 9  performed, including receipt of a percentage of any rate

10  schedule;

11         3.  Pays all expenses, and the opportunity for profit

12  or loss rests solely with the individual;

13         4.  Is responsible for operating costs, including fuel,

14  repairs, supplies, and motor vehicle insurance;

15         5.  Determines the method of performing the service,

16  including selection of routes and order of deliveries;

17         6.  Is responsible for the completion of a specific job

18  and is liable for any failure to complete that job;

19         7.  Enters into a contract with the delivery or

20  messenger service which specifies that the individual is an

21  independent contractor and not an employee of the delivery or

22  messenger service; and

23         8.  Provides the vehicle used to perform the service.

24         (x)  Service performed in agricultural labor by an

25  individual who is an alien admitted to the United States to

26  perform service in agricultural labor under ss. 101(a)(15)(H)

27  and 214(c) of the Immigration and Nationality Act.

28         (y)  Service performed by a person who is an inmate of

29  a penal institution.

30         Section 5.  Subsection (2) of section 443.1217, Florida

31  Statutes, is amended to read:

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 1         443.1217  Wages.--

 2         (2)  For purposes of determining an employer's

 3  contributions, the following wages are exempt from this

 4  chapter:

 5         (a)  That part of remuneration paid to an individual by

 6  an employer for employment during a calendar year in excess of

 7  the first $7,000 of remuneration paid to the individual by the

 8  employer or his or her predecessor during that calendar year,

 9  unless that part of the remuneration is subject to a tax,

10  under a federal law imposing the tax, against which credit may

11  be taken for contributions required to be paid into a state

12  unemployment fund. As used in this section only, the term

13  "employment" includes services constituting employment under

14  any employment security law of another state or of the Federal

15  Government.

16         (b)  Payment by an employing unit with respect to

17  services performed for, or on behalf of, an individual

18  employed by the employing unit under a plan or system

19  established by the employing unit which provides for payment

20  to its employees generally or to a class of its employees,

21  including any amount paid by the employing unit for insurance

22  or annuities or paid into a fund on account of:

23         1.  Sickness or accident disability. When payment is

24  made to an employee or any of his or her dependents, this

25  subparagraph exempts from the wages subject to this chapter

26  only those payments received under a workers' compensation

27  law.

28         2.  Medical and hospitalization expenses in connection

29  with sickness or accident disability.

30         3.  Death, if the employee:

31  

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 1         a.  Does not have the option to receive, in lieu of the

 2  death benefit, part of the payment or, if the death benefit is

 3  insured, part of the premiums or contributions to premiums

 4  paid by his or her employing unit; and

 5         b.  Does not have the right under the plan, system, or

 6  policy providing the death benefit to assign the benefit or to

 7  receive cash consideration in lieu of the benefit upon his or

 8  her withdrawal from the plan or system; upon termination of

 9  the plan, system, or policy; or upon termination of his or her

10  services with the employing unit.

11         (c)  Payment on account of sickness or accident

12  disability, or payment of medical or hospitalization expenses

13  in connection with sickness or accident disability, by an

14  employing unit to, or on behalf of, an individual performing

15  services for the employing unit more than 6 calendar months

16  after the last calendar month the individual performed

17  services for the employing unit.

18         (d)  Payment by an employing unit, without deduction

19  from the remuneration of an individual employed by the

20  employing unit, of the tax imposed upon the individual under

21  s. 3101 of the federal Internal Revenue Code for services

22  performed.

23         (e)  The value of:

24         1.  Meals furnished to an employee or the employee's

25  spouse or dependents by the employer on the business premises

26  of the employer for the convenience of the employer; or

27         2.  Lodging furnished to an employee or the employee's

28  spouse or dependents by the employer on the business premises

29  of the employer for the convenience of the employer when

30  lodging is included as a condition of employment.

31  

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 1         (f)  Payment made by an employing unit to, or on behalf

 2  of, an individual performing services for the employing unit

 3  or a beneficiary of the individual:

 4         1.  From or to a trust described in s. 401(a) of the

 5  Internal Revenue Code of 1954 which is exempt from tax under

 6  s. 501(a) at the time of payment, unless payment is made to an

 7  employee of the trust as remuneration for services rendered as

 8  an employee of the trust and not as a beneficiary of the

 9  trust;

10         2.  Under or to an annuity plan that, at the time of

11  payment, is a plan described in s. 403(a) of the Internal

12  Revenue Code of 1954;

13         3.  Under a simplified employee pension if, at the time

14  of payment, it is reasonable to believe that the employee is

15  entitled to a deduction under s. 219(b)(2) of the Internal

16  Revenue Code of 1954 for the payment;

17         4.  Under or to an annuity contract described in s.

18  403(b) of the Internal Revenue Code of 1954, other than a

19  payment for the purchase of an annuity contract as part of a

20  salary reduction agreement, regardless of whether the

21  agreement is evidenced by a written instrument or otherwise;

22         5.  Under or to an exempt governmental deferred

23  compensation plan described in s. 3121(v)(3) of the Internal

24  Revenue Code of 1954;

25         6.  To supplement pension benefits under a plan or

26  trust described in subparagraphs 1.-5. to account for some

27  portion or all of the increase in the cost of living, as

28  determined by the United States Secretary of Labor, since

29  retirement, but only if the supplemental payments are under a

30  plan that is treated as a welfare plan under s. 3(2)(B)(ii) of

31  the Employee Retirement Income Security Act of 1974; or

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 1         7.  Under a cafeteria plan, as defined in s. 125 of the

 2  Internal Revenue Code of 1986, as amended, if the payment

 3  would not be treated as wages without regard to such plan and

 4  it is reasonable to believe that, if s. 125 of the Internal

 5  Revenue Code of 1986, as amended, applied for purposes of this

 6  section, s. 125 of the Internal Revenue Code of 1986, as

 7  amended, would not treat any wages as constructively received.

 8         (g)  Payment made, or benefit provided, by an employing

 9  unit to or for the benefit of an individual performing

10  services for the employing unit or a beneficiary of the

11  individual if, at the time of such payment or provision of the

12  benefit, it is reasonable to believe that the individual may

13  exclude the payment or benefit from income under s. 127 of the

14  Internal Revenue Code of 1986, as amended.

15         Section 6.  Effective January 1, 2006, paragraph (e) of

16  subsection (3) of section 443.131, Florida Statutes, is

17  amended, present paragraphs (g), (h), (i), and (j) of that

18  subsection, are redesignated as paragraphs (h), (i), (j), and

19  (k), respectively, and a new paragraph (g) is added to that

20  subsection to read:

21         443.131  Contributions.--

22         (3)  VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT

23  EXPERIENCE.--

24         (e)  Assignment of variations from the standard rate.--

25         1.  The tax collection service provider shall assign a

26  variation from the standard rate of contributions for each

27  calendar year to each eligible employer. In determining the

28  contribution rate, varying from the standard rate to be

29  assigned each employer, adjustment factors computed under

30  sub-subparagraphs a.-c. shall be added to the benefit ratio.

31  This addition shall be accomplished in two steps by adding a

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 1  variable adjustment factor and a final adjustment factor. The

 2  sum of these adjustment factors computed under

 3  sub-subparagraphs a.-c. shall first be algebraically summed.

 4  The sum of these adjustment factors shall next be divided by a

 5  gross benefit ratio determined as follows: Total benefit

 6  payments for the 3-year period described in subparagraph (b)2.

 7  shall be charged to employers eligible for a variation from

 8  the standard rate, minus excess payments for the same period,

 9  divided by taxable payroll entering into the computation of

10  individual benefit ratios for the calendar year for which the

11  contribution rate is being computed. The ratio of the sum of

12  the adjustment factors computed under sub-subparagraphs a.-c.

13  to the gross benefit ratio shall be multiplied by each

14  individual benefit ratio that is less than the maximum

15  contribution rate to obtain variable adjustment factors;

16  except that in any instance in which the sum of an employer's

17  individual benefit ratio and variable adjustment factor

18  exceeds the maximum contribution rate, the variable adjustment

19  factor shall be reduced in order that the sum equals the

20  maximum contribution rate. The variable adjustment factor for

21  each of these employers is multiplied by his or her taxable

22  payroll entering into the computation of his or her benefit

23  ratio. The sum of these products shall be divided by the

24  taxable payroll of the employers who entered into the

25  computation of their benefit ratios. The resulting ratio shall

26  be subtracted from the sum of the adjustment factors computed

27  under sub-subparagraphs a.-c. to obtain the final adjustment

28  factor. The variable adjustment factors and the final

29  adjustment factor shall be computed to five decimal places and

30  rounded to the fourth decimal place. This final adjustment

31  factor shall be added to the variable adjustment factor and

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 1  benefit ratio of each employer to obtain each employer's

 2  contribution rate. An employer's contribution rate may not,

 3  however, be rounded to less than 0.1 percent.

 4         a.  An adjustment factor for noncharge benefits shall

 5  be computed to the fifth decimal place and rounded to the

 6  fourth decimal place by dividing the amount of noncharge

 7  benefits during the 3-year period described in subparagraph

 8  (b)2. by the taxable payroll of employers eligible for a

 9  variation from the standard rate who have a benefit ratio for

10  the current year which is less than the maximum contribution

11  rate. For purposes of computing this adjustment factor, the

12  taxable payroll of these employers is the taxable payrolls for

13  the 3 years ending June 30 of the current calendar year as

14  reported to the tax collection service provider by September

15  30 of the same calendar year. As used in this

16  sub-subparagraph, the term "noncharge benefits" means benefits

17  paid to an individual from the Unemployment Compensation Trust

18  Fund, but which were not charged to the employment record of

19  any employer.

20         b.  An adjustment factor for excess payments shall be

21  computed to the fifth decimal place, and rounded to the fourth

22  decimal place by dividing the total excess payments during the

23  3-year period described in subparagraph (b)2. by the taxable

24  payroll of employers eligible for a variation from the

25  standard rate who have a benefit ratio for the current year

26  which is less than the maximum contribution rate. For purposes

27  of computing this adjustment factor, the taxable payroll of

28  these employers is the same figure used to compute the

29  adjustment factor for noncharge benefits under

30  sub-subparagraph a. As used in this sub-subparagraph, the term

31  "excess payments" means the amount of benefits charged to the

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 1  employment record of an employer during the 3-year period

 2  described in subparagraph (b)2., less the product of the

 3  maximum contribution rate and the employer's taxable payroll

 4  for the 3 years ending June 30 of the current calendar year as

 5  reported to the tax collection service provider by September

 6  30 of the same calendar year. As used in this

 7  sub-subparagraph, the term "total excess payments" means the

 8  sum of the individual employer excess payments for those

 9  employers that were eligible to be considered for assignment

10  of a contribution rate different a variation from the standard

11  rate.

12         c.  If the balance of the Unemployment Compensation

13  Trust Fund on June 30 of the calendar year immediately

14  preceding the calendar year for which the contribution rate is

15  being computed is less than 3.7 percent of the taxable

16  payrolls for the year ending June 30 as reported to the tax

17  collection service provider by September 30 of that calendar

18  year, a positive adjustment factor shall be computed. The

19  positive adjustment factor shall be computed annually to the

20  fifth decimal place and rounded to the fourth decimal place by

21  dividing the sum of the total taxable payrolls for the year

22  ending June 30 of the current calendar year as reported to the

23  tax collection service provider by September 30 of that

24  calendar year into a sum equal to one-fourth of the difference

25  between the balance of the fund as of June 30 of that calendar

26  year and the sum of 4.7 percent of the total taxable payrolls

27  for that year. The positive adjustment factor remains in

28  effect for subsequent years until the balance of the

29  Unemployment Compensation Trust Fund as of June 30 of the year

30  immediately preceding the effective date of the contribution

31  rate equals or exceeds 3.7 percent of the taxable payrolls for

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 1  the year ending June 30 of the current calendar year as

 2  reported to the tax collection service provider by September

 3  30 of that calendar year. If the balance of the Unemployment

 4  Compensation Trust Fund as of June 30 of the year immediately

 5  preceding the calendar year for which the contribution rate is

 6  being computed exceeds 4.7 percent of the taxable payrolls for

 7  the year ending June 30 of the current calendar year as

 8  reported to the tax collection service provider by September

 9  30 of that calendar year, a negative adjustment factor shall

10  be computed. The negative adjustment factor shall be computed

11  annually to the fifth decimal place and rounded to the fourth

12  decimal place by dividing the sum of the total taxable

13  payrolls for the year ending June 30 of the current calendar

14  year as reported to the tax collection service provider by

15  September 30 of the calendar year into a sum equal to

16  one-fourth of the difference between the balance of the fund

17  as of June 30 of the current calendar year and 4.7 percent of

18  the total taxable payrolls of that year. The negative

19  adjustment factor remains in effect for subsequent years until

20  the balance of the Unemployment Compensation Trust Fund as of

21  June 30 of the year immediately preceding the effective date

22  of the contribution rate is less than 4.7 percent, but more

23  than 3.7 percent of the taxable payrolls for the year ending

24  June 30 of the current calendar year as reported to the tax

25  collection service provider by September 30 of that calendar

26  year.

27         d.  The maximum contribution rate that may be assigned

28  to an employer is 5.4 percent, except employers participating

29  in an approved short-time compensation plan may be assigned a

30  maximum contribution rate that is 1 percent greater than the

31  maximum contribution rate for other employers in any calendar

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 1  year in which short-time compensation benefits are charged to

 2  the employer's employment record.

 3         2.  If the transfer of an employer's employment record

 4  to an employing unit under paragraph (f) which, before the

 5  transfer, was an employer, the tax collection service provider

 6  shall recompute a benefit ratio for the successor employer

 7  based on the combined employment records and reassign an

 8  appropriate contribution rate to the successor employer

 9  effective on the first day of the calendar quarter immediately

10  after the effective date of the transfer.

11         (g)  Transfer of unemployment experience upon transfer

12  or acquisition of a business.--Notwithstanding any other

13  provision of law, the following apply regarding assignment of

14  rates and transfers of experience:

15         1.a.  If an employer transfers its trade or business,

16  or a portion thereof, to another employer and, at the time of

17  the transfer, there is any common ownership, management, or

18  control of the two employers, the unemployment experience

19  attributable to the transferred trade or business shall be

20  transferred to the employer to whom such business is so

21  transferred. The rates of both employers shall be recalculated

22  and made effective as of the beginning of the calendar quarter

23  immediately following the date of the transfer of trade or

24  business unless the transfer occurred on the first day of a

25  calendar quarter, in which case the rate shall be recalculated

26  as of that date.

27         b.  If, following a transfer of experience under

28  sub-subparagraph a., the Agency for Workforce Innovation or

29  the tax collection service provider determines that a

30  substantial purpose of the transfer of trade or business was

31  to obtain a reduced liability for contributions, the

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 1  experience rating account of the employers involved shall be

 2  combined into a single account and a single rate assigned to

 3  such account.

 4         2.  Whenever a person who is not at the time an

 5  employer under this chapter acquires the trade or business of

 6  an employer, the unemployment experience of the acquired

 7  business shall not be transferred to such person if the Agency

 8  for Workforce Innovation or the tax collection service

 9  provider finds that such person acquired the business solely

10  or primarily for the purpose of obtaining a lower rate of

11  contributions. Instead, such person shall be assigned the new

12  employer rate under paragraph (2)(a). In determining whether

13  the business was acquired solely or primarily for the purpose

14  of obtaining a lower rate of contributions, the tax collection

15  service provider shall consider, but not be limited to, the

16  following factors:

17         a.  Whether the person continued the business

18  enterprise of the acquired business;

19         b.  How long such business enterprise was continued; or

20         c.  Whether a substantial number of new employees was

21  hired for performance of duties unrelated to the business

22  activity conducted prior to acquisition.

23         3.  If a person knowingly violates or attempts to

24  violate subparagraph 1. or subparagraph 2. or any other

25  provision of this chapter related to determining the

26  assignment of a contribution rate, or if a person knowingly

27  advises another person to violate the law, the person shall be

28  subject to the following penalties:

29         a.  If the person is an employer, such employer shall

30  be assigned the highest rate assignable under this chapter for

31  the rate year during which such violation or attempted

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 1  violation occurred and the 3 rate years immediately following

 2  this rate year. However, if the person's business is already

 3  at such highest rate for any year, or if the amount of

 4  increase in the person's rate would be less than 2 percent for

 5  such year, then a penalty rate of contributions of 2 percent

 6  of taxable wages shall be imposed for such year.

 7         b.  If the person is not an employer, such person shall

 8  be subject to a civil penalty of not more than $5,000. The

 9  procedures for the assessment of a penalty shall be in

10  accordance with the procedures set forth in s. 443.141(2) and

11  the provisions of s. 443.141(3) shall apply to the collection

12  of the penalty. Any such penalty shall be deposited in the

13  penalty and interest account established under s. 443.211(2).

14         4.  For purposes of this paragraph, the term:

15         a.  "Knowingly" means having actual knowledge of or

16  acting with deliberate ignorance or reckless disregard for the

17  prohibition involved.

18         b.  "Violates or attempts to violate" includes, but is

19  not limited to, intent to evade, misrepresentation, or willful

20  nondisclosure.

21         c.  "Person" has the meaning given such term by s.

22  7701(a)(1) of the Internal Revenue Code of 1986; and

23         d.  "Trade or business" includes the employer's

24  workforce.

25         5.  In addition to the penalty imposed by subparagraph

26  3., any person who violates this paragraph commits a felony of

27  the third degree, punishable as provided in s. 775.082, s.

28  775.083, or s. 775.084.

29         6.  The Agency for Workforce Innovation and the tax

30  collection service provider shall establish procedures to

31  identify the transfer or acquisition of a business for

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 1  purposes of this paragraph and shall adopt any rules necessary

 2  to administer this paragraph.

 3         7.  This paragraph shall be interpreted and applied in

 4  such manner as to meet the minimum requirements contained in

 5  any guidance or regulations issued by the United States

 6  Department of Labor.

 7         Section 7.  Section 443.1317, Florida Statutes, is

 8  amended to read:

 9         443.1317  Rulemaking authority, seal; enforcement of

10  rules.--

11         (1)  AGENCY FOR WORKFORCE INNOVATION.--

12         (a)  Except as otherwise provided in s. 443.012, the

13  Agency for Workforce Innovation has ultimate authority over

14  the administration of the Unemployment Compensation Program.

15         (b)  The Agency for Workforce Innovation shall have an

16  official seal, which shall be judicially noticed.

17         (c)(b)  The Agency for Workforce Innovation may adopt

18  rules under ss. 120.536(1) and 120.54 to administer the

19  provisions of this chapter conferring duties upon either the

20  agency or its tax collection service provider.

21         (2)  TAX COLLECTION SERVICE PROVIDER.--The state agency

22  providing unemployment tax collection services under contract

23  with the Agency for Workforce Innovation through an

24  interagency agreement pursuant to s. 443.1316 may adopt rules

25  under ss. 120.536(1) and 120.54, subject to approval by the

26  Agency for Workforce Innovation, to administer the provisions

27  of law described in s. 443.1316(1)(a) and (b) which are within

28  this chapter. These rules must not conflict with the rules

29  adopted by the Agency for Workforce Innovation or with the

30  interagency agreement.

31  

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 1         (3)  ENFORCEMENT OF RULES.--The Agency for Workforce

 2  Innovation may enforce any rule adopted by the state agency

 3  providing unemployment tax collection services to administer

 4  this chapter. The tax collection service provider may enforce

 5  any rule adopted by the Agency for Workforce Innovation to

 6  administer the provisions of law described in s.

 7  443.1316(1)(a) and (b).

 8         Section 8.  Paragraph (b) of subsection (4) and

 9  paragraph (b) of subsection (6) of section 443.151, Florida

10  Statutes, are amended to read:

11         443.151  Procedure concerning claims.--

12         (4)  APPEALS.--

13         (b)  Filing and hearing.--

14         1.  The claimant or any other party entitled to notice

15  of a determination may appeal an adverse determination to an

16  appeals referee within 20 days after the date of mailing of

17  the notice to her or his last known address or, if the notice

18  is not mailed, within 20 days after the date of delivery of

19  the notice.

20         2.  Unless the appeal is untimely or withdrawn or

21  review is initiated by the commission, the appeals referee,

22  after mailing all parties and attorneys of record a notice of

23  hearing at least 10 days before the date of hearing,

24  notwithstanding the 14-day notice requirement in s.

25  120.569(2)(b), may only affirm, modify, or reverse the

26  determination. An appeal may not be withdrawn without the

27  permission of the appeals referee.

28         3.  However, when an appeal appears to have been filed

29  after the permissible time limit, the Office of Appeals may

30  issue an order to show cause to the appellant, requiring the

31  appellant to show why the appeal should not be dismissed as

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 1  untimely. If the appellant does not, within 15 days after the

 2  mailing date of the order to show cause, provide written

 3  evidence of timely filing or good cause for failure to appeal

 4  timely, the appeal shall be dismissed.

 5         4.3.  When an appeal involves a question of whether

 6  services were performed by a claimant in employment or for an

 7  employer, the referee must give special notice of the question

 8  and of the pendency of the appeal to the employing unit and to

 9  the Agency for Workforce Innovation, both of which become

10  parties to the proceeding.

11         5.4.  The parties must be notified promptly of the

12  referee's decision. The referee's decision is final unless

13  further review is initiated under paragraph (c) within 20 days

14  after the date of mailing notice of the decision to the

15  party's last known address or, in lieu of mailing, within 20

16  days after the delivery of the notice.

17         (6)  RECOVERY AND RECOUPMENT.--

18         (b)  Any person who, by reason other than her or his

19  fraud, receives benefits under this chapter to which, under a

20  redetermination or decision pursuant to this section, she or

21  he is found not entitled, is liable to repay those benefits to

22  the Agency for Workforce Innovation on behalf of the trust

23  fund or, in the agency's discretion, to have those benefits

24  deducted from any future benefits payable to her or him under

25  this chapter. Any recovery or recoupment of benefits must be

26  effected within 3 2 years after the redetermination or

27  decision.

28         Section 9.  Paragraph (a) of subsection (1) of section

29  895.02, Florida Statutes, is amended to read:

30         895.02  Definitions.--As used in ss. 895.01-895.08, the

31  term:

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 1         (1)  "Racketeering activity" means to commit, to

 2  attempt to commit, to conspire to commit, or to solicit,

 3  coerce, or intimidate another person to commit:

 4         (a)  Any crime which is chargeable by indictment or

 5  information under the following provisions of the Florida

 6  Statutes:

 7         1.  Section 210.18, relating to evasion of payment of

 8  cigarette taxes.

 9         2.  Section 403.727(3)(b), relating to environmental

10  control.

11         3.  Section 409.920 or s. 409.9201, relating to

12  Medicaid fraud.

13         4.  Section 414.39, relating to public assistance

14  fraud.

15         5.  Section 440.105 or s. 440.106, relating to workers'

16  compensation.

17         6.  Section 443.071(3), relating to creation of

18  fictitious employer schemes to commit unemployment

19  compensation fraud.

20         7.6.  Section 465.0161, relating to distribution of

21  medicinal drugs without a permit as an Internet pharmacy.

22         8.7.  Sections 499.0051, 499.0052, 499.00535,

23  499.00545, and 499.0691, relating to crimes involving

24  contraband and adulterated drugs.

25         9.8.  Part IV of chapter 501, relating to

26  telemarketing.

27         10.9.  Chapter 517, relating to sale of securities and

28  investor protection.

29         11.10.  Section 550.235, s. 550.3551, or s. 550.3605,

30  relating to dogracing and horseracing.

31         12.11.  Chapter 550, relating to jai alai frontons.

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 1         13.12.  Chapter 552, relating to the manufacture,

 2  distribution, and use of explosives.

 3         14.13.  Chapter 560, relating to money transmitters, if

 4  the violation is punishable as a felony.

 5         15.14.  Chapter 562, relating to beverage law

 6  enforcement.

 7         16.15.  Section 624.401, relating to transacting

 8  insurance without a certificate of authority, s.

 9  624.437(4)(c)1., relating to operating an unauthorized

10  multiple-employer welfare arrangement, or s. 626.902(1)(b),

11  relating to representing or aiding an unauthorized insurer.

12         17.16.  Section 655.50, relating to reports of currency

13  transactions, when such violation is punishable as a felony.

14         18.17.  Chapter 687, relating to interest and usurious

15  practices.

16         19.18.  Section 721.08, s. 721.09, or s. 721.13,

17  relating to real estate timeshare plans.

18         20.19.  Chapter 782, relating to homicide.

19         21.20.  Chapter 784, relating to assault and battery.

20         22.21.  Chapter 787, relating to kidnapping.

21         23.22.  Chapter 790, relating to weapons and firearms.

22         24.23.  Section 796.03, s. 796.035, s. 796.04, s.

23  796.045, s. 796.05, or s. 796.07, relating to prostitution and

24  sex trafficking.

25         25.24.  Chapter 806, relating to arson.

26         26.25.  Section 810.02(2)(c), relating to specified

27  burglary of a dwelling or structure.

28         27.26.  Chapter 812, relating to theft, robbery, and

29  related crimes.

30         28.27.  Chapter 815, relating to computer-related

31  crimes.

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 1         29.28.  Chapter 817, relating to fraudulent practices,

 2  false pretenses, fraud generally, and credit card crimes.

 3         30.29.  Chapter 825, relating to abuse, neglect, or

 4  exploitation of an elderly person or disabled adult.

 5         31.30.  Section 827.071, relating to commercial sexual

 6  exploitation of children.

 7         32.31.  Chapter 831, relating to forgery and

 8  counterfeiting.

 9         33.32.  Chapter 832, relating to issuance of worthless

10  checks and drafts.

11         34.33.  Section 836.05, relating to extortion.

12         35.34.  Chapter 837, relating to perjury.

13         36.35.  Chapter 838, relating to bribery and misuse of

14  public office.

15         37.36.  Chapter 843, relating to obstruction of

16  justice.

17         38.37.  Section 847.011, s. 847.012, s. 847.013, s.

18  847.06, or s. 847.07, relating to obscene literature and

19  profanity.

20         39.38.  Section 849.09, s. 849.14, s. 849.15, s.

21  849.23, or s. 849.25, relating to gambling.

22         40.39.  Chapter 874, relating to criminal street gangs.

23         41.40.  Chapter 893, relating to drug abuse prevention

24  and control.

25         42.41.  Chapter 896, relating to offenses related to

26  financial transactions.

27         43.42.  Sections 914.22 and 914.23, relating to

28  tampering with a witness, victim, or informant, and

29  retaliation against a witness, victim, or informant.

30         44.43.  Sections 918.12 and 918.13, relating to

31  tampering with jurors and evidence.

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 1         Section 10.  For the purpose of incorporating the

 2  amendments made by this act to section 895.02, Florida

 3  Statutes, in a reference thereto, paragraph (a) of subsection

 4  (1) of section 16.56, Florida Statutes, is reenacted to read:

 5         16.56  Office of Statewide Prosecution.--

 6         (1)  There is created in the Department of Legal

 7  Affairs an Office of Statewide Prosecution.  The office shall

 8  be a separate "budget entity" as that term is defined in

 9  chapter 216.  The office may:

10         (a)  Investigate and prosecute the offenses of:

11         1.  Bribery, burglary, criminal usury, extortion,

12  gambling, kidnapping, larceny, murder, prostitution, perjury,

13  robbery, carjacking, and home-invasion robbery;

14         2.  Any crime involving narcotic or other dangerous

15  drugs;

16         3.  Any violation of the provisions of the Florida RICO

17  (Racketeer Influenced and Corrupt Organization) Act, including

18  any offense listed in the definition of racketeering activity

19  in s. 895.02(1)(a), providing such listed offense is

20  investigated in connection with a violation of s. 895.03 and

21  is charged in a separate count of an information or indictment

22  containing a count charging a violation of s. 895.03, the

23  prosecution of which listed offense may continue independently

24  if the prosecution of the violation of s. 895.03 is terminated

25  for any reason;

26         4.  Any violation of the provisions of the Florida

27  Anti-Fencing Act;

28         5.  Any violation of the provisions of the Florida

29  Antitrust Act of 1980, as amended;

30         6.  Any crime involving, or resulting in, fraud or

31  deceit upon any person;

                                  32

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 1         7.  Any violation of s. 847.0135, relating to computer

 2  pornography and child exploitation prevention, or any offense

 3  related to a violation of s. 847.0135;

 4         8.  Any violation of the provisions of chapter 815;

 5         9.  Any criminal violation of part I of chapter 499;

 6         10.  Any violation of the provisions of the Florida

 7  Motor Fuel Tax Relief Act of 2004; or

 8         11.  Any criminal violation of s. 409.920 or s.

 9  409.9201;

10  

11  or any attempt, solicitation, or conspiracy to commit any of

12  the crimes specifically enumerated above.  The office shall

13  have such power only when any such offense is occurring, or

14  has occurred, in two or more judicial circuits as part of a

15  related transaction, or when any such offense is connected

16  with an organized criminal conspiracy affecting two or more

17  judicial circuits.

18         Section 11.  For the purpose of incorporating the

19  amendments made by this act to section 895.02, Florida

20  Statutes, in a reference thereto, paragraph (g) of subsection

21  (3) of section 655.50, Florida Statutes, is reenacted to read:

22         655.50  Florida Control of Money Laundering in

23  Financial Institutions Act; reports of transactions involving

24  currency or monetary instruments; when required; purpose;

25  definitions; penalties.--

26         (3)  As used in this section, the term:

27         (g)  "Specified unlawful activity" means any

28  "racketeering activity" as defined in s. 895.02.

29         Section 12.  For the purpose of incorporating the

30  amendments made by this act to section 895.02, Florida

31  Statutes, in a reference thereto, paragraph (g) of subsection

                                  33

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 1  (2) of section 896.101, Florida Statutes, is reenacted to

 2  read:

 3         896.101  Florida Money Laundering Act; definitions;

 4  penalties; injunctions; seizure warrants; immunity.--

 5         (2)  As used in this section, the term:

 6         (g)  "Specified unlawful activity" means any

 7  "racketeering activity" as defined in s. 895.02.

 8         Section 13.  For the purpose of incorporating the

 9  amendments made by this act to section 895.022, Florida

10  Statutes, in a reference thereto, section 905.34, Florida

11  Statutes, is reenacted to read:

12         905.34  Powers and duties; law applicable.--The

13  jurisdiction of a statewide grand jury impaneled under this

14  chapter shall extend throughout the state. The subject matter

15  jurisdiction of the statewide grand jury shall be limited to

16  the offenses of:

17         (1)  Bribery, burglary, carjacking, home-invasion

18  robbery, criminal usury, extortion, gambling, kidnapping,

19  larceny, murder, prostitution, perjury, and robbery;

20         (2)  Crimes involving narcotic or other dangerous

21  drugs;

22         (3)  Any violation of the provisions of the Florida

23  RICO (Racketeer Influenced and Corrupt Organization) Act,

24  including any offense listed in the definition of racketeering

25  activity in s. 895.02(1)(a), providing such listed offense is

26  investigated in connection with a violation of s. 895.03 and

27  is charged in a separate count of an information or indictment

28  containing a count charging a violation of s. 895.03, the

29  prosecution of which listed offense may continue independently

30  if the prosecution of the violation of s. 895.03 is terminated

31  for any reason;

                                  34

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    Florida Senate - 2005                           CS for SB 1652
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 1         (4)  Any violation of the provisions of the Florida

 2  Anti-Fencing Act;

 3         (5)  Any violation of the provisions of the Florida

 4  Antitrust Act of 1980, as amended;

 5         (6)  Any violation of the provisions of chapter 815;

 6         (7)  Any crime involving, or resulting in, fraud or

 7  deceit upon any person;

 8         (8)  Any violation of s. 847.0135, s. 847.0137, or s.

 9  847.0138 relating to computer pornography and child

10  exploitation prevention, or any offense related to a violation

11  of s. 847.0135, s. 847.0137, or s. 847.0138;

12         (9)  Any criminal violation of part I of chapter 499;

13  or

14         (10)  Any criminal violation of s. 409.920 or s.

15  409.9201;

16  

17  or any attempt, solicitation, or conspiracy to commit any

18  violation of the crimes specifically enumerated above, when

19  any such offense is occurring, or has occurred, in two or more

20  judicial circuits as part of a related transaction or when any

21  such offense is connected with an organized criminal

22  conspiracy affecting two or more judicial circuits.  The

23  statewide grand jury may return indictments and presentments

24  irrespective of the county or judicial circuit where the

25  offense is committed or triable.  If an indictment is

26  returned, it shall be certified and transferred for trial to

27  the county where the offense was committed.  The powers and

28  duties of, and law applicable to, county grand juries shall

29  apply to a statewide grand jury except when such powers,

30  duties, and law are inconsistent with the provisions of ss.

31  905.31-905.40.

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 1         Section 14.  Except as otherwise expressly provided in

 2  this act, this act shall take effect July 1, 2005.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 1652

 6                                 

 7  This committee substitute differs from SB 1652 in the
    following manner:
 8  
    --   Republishes four sections of statute, ss. 16.56, 655.50,
 9       896.101, and 905.34, F.S., which refer to the definition
         of racketeering in s. 895.02, F.S., that is amended by
10       this committee subsitute to include unemployment
         compensation fraud; and
11  
    --   Extends the time for recovery of non-fraud overpayments
12       by one year.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  36

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