HB 1693

A bill to be entitled
2An act relating to unemployment compensation; amending s.
3120.80, F.S.; providing an exemption for special deputies
4from uniform rules of procedure; amending s. 443.071,
5F.S.; providing penalties for false employer schemes;
6providing the requirements for establishing prima facie
7evidence; authorizing certain access to records relating
8to investigations of unemployment fraud; amending s.
9443.091, F.S.; clarifying benefit eligibility; amending s.
10443.1216, F.S.; clarifying the persons that employee
11leasing companies may lease to a client; clarifying the
12exemption of certain service from the definition of
13employment; amending s. 443.1217, F.S.; clarifying exempt
14wages for the purpose of determining employer
15contributions; amending s. 443.131, F.S.; revising the
16definition of "total excess payments"; prohibiting the
17transfer of unemployment experience by acquisition of a
18business in certain cases; providing for calculation of
19unemployment experience rating; providing penalties;
20amending s. 443.151, F.S.; providing for dismissal of
21untimely filed appeals; extending a deadline for
22recoupment of benefits; amending s. 895.02, F.S.; revising
23the definition of "racketeering activity"; reenacting ss.
2416.56(1)(a) and 905.34(3), F.S., relating to the Office of
25Statewide Prosecution and to the powers and duties of a
26statewide grand jury, respectively, to incorporate the
27amendment to s. 895.02, F.S., in a reference thereto;
28providing an effective date.
30Be It Enacted by the Legislature of the State of Florida:
32     Section 1.  Paragraph (b) of subsection (10) of section
33120.80, Florida Statutes, is amended to read:
34     120.80  Exceptions and special requirements; agencies.--
36     (b)  Notwithstanding s. 120.54(5), the uniform rules of
37procedure do not apply to appeal proceedings conducted under
38chapter 443 by the Unemployment Appeals Commission, special
39deputies, or unemployment appeals referees.
40     Section 2.  Subsection (4) of section 443.071, Florida
41Statutes, is renumbered as subsection (5) and amended, and new
42subsections (4), (6), (7), and (8) are added to said section, to
44     443.071  Penalties.--
45     (4)  Any person who establishes a fictitious employing unit
46by submitting to the Agency for Workforce Innovation or its tax
47collection service provider fraudulent employing unit records or
48tax or wage reports by the introduction of fraudulent records
49into a computer system, the unauthorized use of computer
50facilities, the intentional or deliberate alteration or
51destruction of computerized information or files, or the
52stealing of financial instruments, data, and other assets, for
53the purpose of enabling herself or himself or any other person
54to receive benefits under this chapter to which such person is
55not entitled, commits a felony of the third degree, punishable
56as provided in s. 775.082, s. 775.083, or s. 775.084.
57     (5)(4)  In any prosecution or action under this section,
58the entry into evidence of the signature of a person on a
59document, letter, or other writing constitutes prima facie
60evidence of the person's identity if the following conditions
62     (a)  The document includes the person's name, residence
63address, and social security number person gives her or his
64name, residence address, home telephone number, present or
65former place of employment, gender, date of birth, social
66security number, height, weight, and race.
67     (b)  The signature of the person is witnessed by an agent
68or employee of the Agency for Workforce Innovation or its tax
69collection service provider at the time the document, letter, or
70other writing is filed.
71     (6)  The entry into evidence of an application for
72unemployment benefits initiated by the use of the internet
73claims program or the interactive voice response system
74telephone claims program of the Agency for Workforce Innovation
75constitutes prima facie evidence of the establishment of a
76personal benefit account by or for an individual if the
77following information is provided: the applicant's name,
78residence address, date of birth, social security number, and
79present or former place of employment.
80     (7)  The entry into evidence of a transaction history
81generated by a personal identification number (PIN) establishing
82that a certification or claim for one or more weeks of benefits
83was made against the benefit account of the individual, together
84with documentation that payment was paid by a state warrant made
85to the order of the person or by direct deposit via electronic
86benefit transfer, constitutes prima facie evidence that the
87person claimed and received unemployment benefits from the
89     (8)  All records relating to investigations of unemployment
90fraud in the custody of the Agency for Workforce Innovation are
91available for examination by the Department of Law Enforcement,
92the states attorneys, or the Office of the Statewide Prosecutor
93in the prosecution of offenses under s. 817.568 or in
94proceedings brought under this chapter.
95     Section 3.  Paragraph (c) of subsection (1) of section
96443.091, Florida Statutes, is amended to read:
97     443.091  Benefit eligibility conditions.--
98     (1)  An unemployed individual is eligible to receive
99benefits for any week only if the Agency for Workforce
100Innovation finds that:
101     (c)1.  She or he is able to work and is available for work.
102In order to assess eligibility for a claimed week of
103unemployment, the Agency for Workforce Innovation shall develop
104criteria to determine a claimant's ability to work and
105availability for work.
106     2.  Notwithstanding any other provision of this paragraph
107or paragraphs (b) and (d) section, an otherwise eligible
108individual may not be denied benefits for any week because she
109or he is in training with the approval of the Agency for
110Workforce Innovation, and such an individual may not be denied
111benefits for any week in which she or he is in training with the
112approval of the Agency for Workforce Innovation by reason of
113subparagraph 1. relating to availability for work, or s.
114443.101(2) relating to failure to apply for, or refusal to
115accept, suitable work. Training may be approved by the Agency
116for Workforce Innovation in accordance with criteria prescribed
117by rule. A claimant's eligibility during approved training is
118contingent upon satisfying eligibility conditions prescribed by
120     3.  Notwithstanding any other provision of this chapter, an
121individual who is in training approved under s. 236(a)(1) of the
122Trade Act of 1974, as amended, may not be determined to be
123ineligible or disqualified for benefits with respect to her or
124his enrollment in such training or because of leaving work that
125is not suitable employment to enter such training. As used in
126this subparagraph, the term "suitable employment" means, for a
127worker, work of a substantially equal or higher skill level than
128the worker's past adversely affected employment, as defined for
129purposes of the Trade Act of 1974, as amended, the wages for
130which are at least 80 percent of the worker's average weekly
131wage as determined for purposes of the Trade Act of 1974, as
133     4.  Notwithstanding any other provision of this section, an
134otherwise eligible individual may not be denied benefits for any
135week by reason of subparagraph 1. because she or he is before
136any court of the United States or any state under a lawfully
137issued summons to appear for jury duty.
138     Section 4.  Subsections (1) and (13) of section 443.1216,
139Florida Statutes, are amended to read:
140     443.1216  Employment.--Employment, as defined in s.
141443.036, is subject to this chapter under the following
143     (1)(a)  The employment subject to this chapter includes a
144service performed, including a service performed in interstate
145commerce, by:
146     1.  An officer of a corporation.
147     2.  An individual who, under the usual common-law rules
148applicable in determining the employer-employee relationship, is
149an employee. However, whenever a client, as defined in s.
150443.036(18), which would otherwise be designated as an employing
151unit has contracted with an employee leasing company to supply
152it with workers, those workers are considered employees of the
153employee leasing company. An employee leasing company may lease
154corporate officers of the client to the client and to other
155workers to the client, except as prohibited by regulations of
156the Internal Revenue Service. Employees of an employee leasing
157company must be reported under the employee leasing company's
158tax identification number and contribution rate for work
159performed for the employee leasing company.
160     3.  An individual other than an individual who is an
161employee under subparagraph 1. or subparagraph 2., who performs
162services for remuneration for any person:
163     a.  As an agent-driver or commission-driver engaged in
164distributing meat products, vegetable products, fruit products,
165bakery products, beverages other than milk, or laundry or
166drycleaning services for his or her principal.
167     b.  As a traveling or city salesperson engaged on a full-
168time basis in the solicitation on behalf of, and the
169transmission to, his or her principal of orders from
170wholesalers, retailers, contractors, or operators of hotels,
171restaurants, or other similar establishments for merchandise for
172resale or supplies for use in their business operations. This
173sub-subparagraph does not apply to an agent-driver or a
174commission-driver and does not apply to sideline sales
175activities performed on behalf of a person other than the
176salesperson's principal.
177     4.  The services described in subparagraph 3. are
178employment subject to this chapter only if:
179     a.  The contract of service contemplates that substantially
180all of the services are to be performed personally by the
182     b.  The individual does not have a substantial investment
183in facilities used in connection with the services, other than
184facilities used for transportation; and
185     c.  The services are not in the nature of a single
186transaction that is not part of a continuing relationship with
187the person for whom the services are performed.
188     (b)  Notwithstanding any other provision of this section,
189service for which a tax is required to be paid under any federal
190law imposing a tax against which credit may be taken for
191contributions required to be paid into a state unemployment fund
192or which as a condition for full tax credit against the tax
193imposed by the Federal Unemployment Tax Act is required to be
194covered under this chapter.
195     (c)  If the services performed during at least one-half of
196a pay period by an employee for the person employing him or her
197constitute employment, all of the services performed by the
198employee during the period are deemed to be employment. If the
199services performed during more than one-half of the pay period
200by an employee for the person employing him or her do not
201constitute employment, all of the services performed by the
202employee during the period are not deemed to be employment. This
203paragraph does not apply to services performed in a pay period
204by an employee for the person employing him or her if any of
205those services are exempted under paragraph (13)(g).
206     (d)  If two or more related corporations concurrently
207employ the same individual and compensate the individual through
208a common paymaster, each related corporation is considered to
209have paid wages to the individual only in the amounts actually
210disbursed by that corporation to the individual and is not
211considered to have paid the wages actually disbursed to the
212individual by another of the related corporations.
213     1.  As used in this paragraph, the term "common paymaster"
214means a member of a group of related corporations that disburses
215wages to concurrent employees on behalf of the related
216corporations and that is responsible for keeping payroll records
217for those concurrent employees. A common paymaster is not
218required to disburse wages to all the employees of the related
219corporations; however, this subparagraph does not apply to wages
220of concurrent employees which are not disbursed through a common
221paymaster. A common paymaster must pay concurrently employed
222individuals under this subparagraph by one combined paycheck.
223     2.  As used in this paragraph, the term "concurrent
224employment" means the existence of simultaneous employment
225relationships between an individual and related corporations.
226Those relationships require the performance of services by the
227employee for the benefit of the related corporations, including
228the common paymaster, in exchange for wages that, if deductible
229for the purposes of federal income tax, are deductible by the
230related corporations.
231     3.  Corporations are considered related corporations for an
232entire calendar quarter if they satisfy any one of the following
233tests at any time during the calendar quarter:
234     a.  The corporations are members of a "controlled group of
235corporations" as defined in s. 1563 of the Internal Revenue Code
236of 1986 or would be members if paragraph 1563(a)(4) and
237subsection 1563(b) did not apply.
238     b.  In the case of a corporation that does not issue stock,
239at least 50 percent of the members of the board of directors or
240other governing body of one corporation are members of the board
241of directors or other governing body of the other corporation or
242the holders of at least 50 percent of the voting power to select
243those members are concurrently the holders of at least 50
244percent of the voting power to select those members of the other
246     c.  At least 50 percent of the officers of one corporation
247are concurrently officers of the other corporation.
248     d.  At least 30 percent of the employees of one corporation
249are concurrently employees of the other corporation.
250     4.  The common paymaster must report to the tax collection
251service provider, as part of the unemployment compensation
252quarterly tax and wage report, the state unemployment
253compensation account number and name of each related corporation
254for which concurrent employees are being reported. Failure to
255timely report this information shall result in the related
256corporations being denied common paymaster status for that
257calendar quarter.
258     5.  The common paymaster also has the primary
259responsibility for remitting contributions due under this
260chapter for the wages it disburses as the common paymaster. The
261common paymaster must compute these contributions as though it
262were the sole employer of the concurrently employed individuals.
263If a common paymaster fails to timely remit these contributions
264or reports, in whole or in part, the common paymaster remains
265liable for the full amount of the unpaid portion of these
266contributions. In addition, each of the other related
267corporations using the common paymaster is jointly and severally
268liable for its appropriate share of these contributions. Each
269related corporation's share equals the greater of:
270     a.  The liability of the common paymaster under this
271chapter, after taking into account any contributions made.
272     b.  The liability under this chapter which, notwithstanding
273this section, would have existed for the wages from the other
274related corporations, reduced by an allocable portion of any
275contributions previously paid by the common paymaster for those
277     (13)  The following are employment is exempt from coverage
278under this chapter:
279     (a)  Domestic service in a private home, local college
280club, or local chapter of a college fraternity or sorority,
281except as provided in subsection (6).
282     (b)  Service performed on or in connection with a vessel or
283aircraft that is not an American vessel or American aircraft, if
284the employee is employed on and in connection with the vessel or
285aircraft while the vessel or aircraft is outside the United
287     (c)  Service performed by an individual engaged in, or as
288an officer or member of the crew of a vessel engaged in, the
289catching, taking, harvesting, cultivating, or farming of any
290kind of fish, shellfish, crustacea, sponges, seaweeds, or other
291aquatic forms of animal and vegetable life, including service
292performed by an individual as an ordinary incident to engaging
293in those activities, except:
294     1.  Service performed in connection with the catching or
295taking of salmon or halibut for commercial purposes.
296     2.  Service performed on, or in connection with, a vessel
297of more than 10 net tons, determined in the manner provided for
298determining the registered tonnage of merchant vessels under the
299laws of the United States.
300     (d)  Service performed by an individual in the employ of
301his or her son, daughter, or spouse, including step
302relationships, and service performed by a child, or stepchild,
303under the age of 21 in the employ of his or her father, mother,
304stepfather, or stepmother.
305     (e)  Service performed in the employ of the Federal
306Government or of an instrumentality of the Federal Government
307which is:
308     1.  Wholly or partially owned by the United States.
309     2.  Exempt from the tax imposed by s. 3301 of the Internal
310Revenue Code under a federal law that specifically cites s.
3113301, or the corresponding section of prior law, in granting the
312exemption. However, to the extent that the United States
313Congress permits the state to require an instrumentality of the
314Federal Government to make payments into the Unemployment
315Compensation Trust Fund under this chapter, this chapter applies
316to that instrumentality, and to services performed for that
317instrumentality, in the same manner, to the same extent, and on
318the same terms as other employers, employing units, individuals,
319and services. If this state is not certified for any year by the
320Secretary of Labor under s. 3304 of the federal Internal Revenue
321Code, the tax collection service provider shall refund the
322payments required of each instrumentality of the Federal
323Government for that year from the fund in the same manner and
324within the same period as provided in s. 443.141(6) for
325contributions erroneously collected.
326     (f)  Service performed in the employ of a public employer
327as defined in s. 443.036, except as provided in subsection (2),
328and service performed in the employ of an instrumentality of a
329public employer as described in s. 443.036(35)(b) or (c), to the
330extent that the instrumentality is immune under the United
331States Constitution from the tax imposed by s. 3301 of the
332Internal Revenue Code for that service.
333     (g)  Service performed in the employ of a corporation,
334community chest, fund, or foundation that is organized and
335operated exclusively for religious, charitable, scientific,
336testing for public safety, literary, or educational purposes or
337for the prevention of cruelty to children or animals. This
338exemption does not apply to an employer if part of the
339employer's net earnings inures to the benefit of any private
340shareholder or individual or if a substantial part of the
341employer's activities involve carrying on propaganda, otherwise
342attempting to influence legislation, or participating or
343intervening in, including the publishing or distributing of
344statements, a political campaign on behalf of a candidate for
345public office, except as provided in subsection (3).
346     (h)  Service for which unemployment compensation is payable
347under an unemployment compensation system established by the
348United States Congress, of which this chapter is not a part.
349     (i)1.  Service performed during a calendar quarter in the
350employ of an organization exempt from the federal income tax
351under s. 501(a) of the Internal Revenue Code, other than an
352organization described in s. 401(a), or under s. 521, if the
353remuneration for the service is less than $50.
354     2.  Service performed in the employ of a school, college,
355or university, if the service is performed by a student who is
356enrolled and is regularly attending classes at the school,
357college, or university.
358     (j)  Service performed in the employ of a foreign
359government, including service as a consular or other officer or
360employee of a nondiplomatic representative.
361     (k)  Service performed in the employ of an instrumentality
362wholly owned by a foreign government if:
363     1.  The service is of a character similar to that performed
364in foreign countries by employees of the Federal Government or
365of an instrumentality of the Federal Government; and
366     2.  The United States Secretary of State certifies to the
367United States Secretary of the Treasury that the foreign
368government for whose instrumentality the exemption is claimed
369grants an equivalent exemption for similar service performed in
370the foreign country by employees of the Federal Government and
371of instrumentalities of the Federal Government.
372     (l)  Service performed as a student nurse in the employ of
373a hospital or a nurses' training school by an individual who is
374enrolled and is regularly attending classes in a nurses'
375training school chartered or approved under state law, service
376performed as an intern in the employ of a hospital by an
377individual who has completed a 4-year course in a medical school
378chartered or approved under state law, and service performed by
379a patient of a hospital for the hospital.
380     (m)  Service performed by an individual for a person as an
381insurance agent or as an insurance solicitor, if all of the
382service performed by the individual for that person is performed
383for remuneration solely by way of commission, except for
384services performed in accordance with 26 U.S.C. s. 3306(c)(7)
385and (8). For purposes of this section, those benefits excluded
386from the wages subject to this chapter under s. 443.1217(2)(b)-
387(f), inclusive, are not considered remuneration.
388     (n)  Service performed by an individual for a person as a
389real estate salesperson or agent, if all of the service
390performed by the individual for that person is performed for
391remuneration solely by way of commission.
392     (o)  Service performed by an individual under the age of 18
393in the delivery or distribution of newspapers or shopping news,
394excluding delivery or distribution to any point for subsequent
395delivery or distribution.
396     (p)  Service covered by an arrangement between the Agency
397for Workforce Innovation, or its tax collection service
398provider, and the agency charged with the administration of
399another state or federal unemployment compensation law under
400which all services performed by an individual for an employing
401unit during the period covered by the employing unit's duly
402approved election is deemed to be performed entirely within the
403other agency's state or under the federal law.
404     (q)  Service performed by an individual enrolled at a
405nonprofit or public educational institution that normally
406maintains a regular faculty and curriculum and normally has a
407regularly organized body of students in attendance at the place
408where its educational activities are carried on, if the
409institution certifies to the employer that the individual is a
410student in a full-time program, taken for credit at the
411institution that combines academic instruction with work
412experience, and that the service is an integral part of the
413program. This paragraph does not apply to service performed in a
414program established for or on behalf of an employer or group of
416     (r)  Service performed by an individual for a person as a
417barber, if all of the service performed by the individual for
418that person is performed for remuneration solely by way of
420     (s)  Casual labor not in the course of the employer's trade
421or business.
422     (t)  Service performed by a speech therapist, occupational
423therapist, or physical therapist who is nonsalaried and working
424under a written contract with a home health agency as defined in
425s. 400.462.
426     (u)  Service performed by a direct seller. As used in this
427paragraph, the term "direct seller" means a person:
428     1.a.  Who is engaged in the trade or business of selling or
429soliciting the sale of consumer products to buyers on a buy-sell
430basis, on a deposit-commission basis, or on a similar basis, for
431resale in the home or in another place that is not a permanent
432retail establishment; or
433     b.  Who is engaged in the trade or business of selling or
434soliciting the sale of consumer products in the home or in
435another place that is not a permanent retail establishment;
436     2.  Substantially all of whose remuneration for services
437described in subparagraph 1., regardless of whether paid in
438cash, is directly related to sales or other output, rather than
439to the number of hours worked; and
440     3.  Who performs the services under a written contract with
441the person for whom the services are performed, if the contract
442provides that the person will not be treated as an employee for
443those services for federal tax purposes.
444     (v)  Service performed by a nonresident alien for the
445period he or she is temporarily present in the United States as
446a nonimmigrant under subparagraph (F) or subparagraph (J) of s.
447101(a)(15) of the Immigration and Nationality Act, and which is
448performed to carry out the purpose specified in subparagraph (F)
449or subparagraph (J), as applicable.
450     (w)  Service performed by an individual for remuneration
451for a private, for-profit delivery or messenger service, if the
453     1.  Is free to accept or reject jobs from the delivery or
454messenger service and the delivery or messenger service does not
455have control over when the individual works;
456     2.  Is remunerated for each delivery, or the remuneration
457is based on factors that relate to the work performed, including
458receipt of a percentage of any rate schedule;
459     3.  Pays all expenses, and the opportunity for profit or
460loss rests solely with the individual;
461     4.  Is responsible for operating costs, including fuel,
462repairs, supplies, and motor vehicle insurance;
463     5.  Determines the method of performing the service,
464including selection of routes and order of deliveries;
465     6.  Is responsible for the completion of a specific job and
466is liable for any failure to complete that job;
467     7.  Enters into a contract with the delivery or messenger
468service which specifies that the individual is an independent
469contractor and not an employee of the delivery or messenger
470service; and
471     8.  Provides the vehicle used to perform the service.
472     (x)  Service performed in agricultural labor by an
473individual who is an alien admitted to the United States to
474perform service in agricultural labor under ss. 101(a)(15)(H)
475and 214(c) of the Immigration and Nationality Act.
476     (y)  Service performed by a person who is an inmate of a
477penal institution.
478     Section 5.  Subsection (2) of section 443.1217, Florida
479Statutes, is amended to read:
480     443.1217  Wages.--
481     (2)  For the purpose of determining an employer's
482contributions, the following wages are exempt from this chapter:
483     (a)  That part of remuneration paid to an individual by an
484employer for employment during a calendar year in excess of the
485first $7,000 of remuneration paid to the individual by the
486employer or his or her predecessor during that calendar year,
487unless that part of the remuneration is subject to a tax, under
488a federal law imposing the tax, against which credit may be
489taken for contributions required to be paid into a state
490unemployment fund. As used in this section only, the term
491"employment" includes services constituting employment under any
492employment security law of another state or of the Federal
494     (b)  Payment by an employing unit with respect to services
495performed for, or on behalf of, an individual employed by the
496employing unit under a plan or system established by the
497employing unit which provides for payment to its employees
498generally or to a class of its employees, including any amount
499paid by the employing unit for insurance or annuities or paid
500into a fund on account of:
501     1.  Sickness or accident disability. When payment is made
502to an employee or any of his or her dependents, this
503subparagraph exempts from the wages subject to this chapter only
504those payments received under a workers' compensation law.
505     2.  Medical and hospitalization expenses in connection with
506sickness or accident disability.
507     3.  Death, if the employee:
508     a.  Does not have the option to receive, in lieu of the
509death benefit, part of the payment or, if the death benefit is
510insured, part of the premiums or contributions to premiums paid
511by his or her employing unit; and
512     b.  Does not have the right under the plan, system, or
513policy providing the death benefit to assign the benefit or to
514receive cash consideration in lieu of the benefit upon his or
515her withdrawal from the plan or system; upon termination of the
516plan, system, or policy; or upon termination of his or her
517services with the employing unit.
518     (c)  Payment on account of sickness or accident disability,
519or payment of medical or hospitalization expenses in connection
520with sickness or accident disability, by an employing unit to,
521or on behalf of, an individual performing services for the
522employing unit more than 6 calendar months after the last
523calendar month the individual performed services for the
524employing unit.
525     (d)  Payment by an employing unit, without deduction from
526the remuneration of an individual employed by the employing
527unit, of the tax imposed upon the individual under s. 3101 of
528the federal Internal Revenue Code for services performed.
529     (e)  The value of:
530     1.  Meals furnished to an employee or the employee's spouse
531or dependents by the employer on the business premises of the
532employer for the convenience of the employer; or
533     2.  Lodging furnished to an employee or the employee's
534spouse or dependents by the employer on the business premises of
535the employer for the convenience of the employer when lodging is
536included as a condition of employment.
537     (f)  Payment made by an employing unit to, or on behalf of,
538an individual performing services for the employing unit or a
539beneficiary of the individual:
540     1.  From or to a trust described in s. 401(a) of the
541Internal Revenue Code of 1954 which is exempt from tax under s.
542501(a) at the time of payment, unless payment is made to an
543employee of the trust as remuneration for services rendered as
544an employee of the trust and not as a beneficiary of the trust;
545     2.  Under or to an annuity plan that, at the time of
546payment, is a plan described in s. 403(a) of the Internal
547Revenue Code of 1954;
548     3.  Under a simplified employee pension if, at the time of
549payment, it is reasonable to believe that the employee is
550entitled to a deduction under s. 219(b)(2) of the Internal
551Revenue Code of 1954 for the payment;
552     4.  Under or to an annuity contract described in s. 403(b)
553of the Internal Revenue Code of 1954, other than a payment for
554the purchase of an annuity contract as part of a salary
555reduction agreement, regardless of whether the agreement is
556evidenced by a written instrument or otherwise;
557     5.  Under or to an exempt governmental deferred
558compensation plan described in s. 3121(v)(3) of the Internal
559Revenue Code of 1954;
560     6.  To supplement pension benefits under a plan or trust
561described in subparagraphs 1.-5. to account for some portion or
562all of the increase in the cost of living, as determined by the
563United States Secretary of Labor, since retirement, but only if
564the supplemental payments are under a plan that is treated as a
565welfare plan under s. 3(2)(B)(ii) of the Employee Retirement
566Income Security Act of 1974; or
567     7.  Under a cafeteria plan, as defined in s. 125 of the
568Internal Revenue Code of 1986, as amended, if the payment would
569not be treated as wages without regard to such plan and it is
570reasonable to believe that, if s. 125 of the Internal Revenue
571Code of 1986, as amended, applied for purposes of this section,
572s. 125 of the Internal Revenue Code of 1986, as amended, would
573not treat any wages as constructively received.
574     (g)  Payment made, or benefit provided, by an employing
575unit to or for the benefit of an individual performing services
576for the employing unit or a beneficiary of the individual if, at
577the time of such payment or provision of the benefit, it is
578reasonable to believe that the individual may exclude the
579payment or benefit from income under s. 127 of the Internal
580Revenue Code of 1986, as amended.
581     Section 6.  Paragraphs (e) through (j) of subsection (3) of
582section 443.131, Florida Statutes, are amended to read:
583     443.131  Contributions.--
586     (e)  Assignment of variations from the standard rate.--
587     1.  The tax collection service provider shall assign a
588variation from the standard rate of contributions for each
589calendar year to each eligible employer. In determining the
590contribution rate, varying from the standard rate to be assigned
591each employer, adjustment factors computed under sub-
592subparagraphs a.-c. shall be added to the benefit ratio. This
593addition shall be accomplished in two steps by adding a variable
594adjustment factor and a final adjustment factor. The sum of
595these adjustment factors computed under sub-subparagraphs a.-c.
596shall first be algebraically summed. The sum of these adjustment
597factors shall next be divided by a gross benefit ratio
598determined as follows: Total benefit payments for the 3-year
599period described in subparagraph (b)2. shall be charged to
600employers eligible for a variation from the standard rate, minus
601excess payments for the same period, divided by taxable payroll
602entering into the computation of individual benefit ratios for
603the calendar year for which the contribution rate is being
604computed. The ratio of the sum of the adjustment factors
605computed under sub-subparagraphs a.-c. to the gross benefit
606ratio shall be multiplied by each individual benefit ratio that
607is less than the maximum contribution rate to obtain variable
608adjustment factors; except that in any instance in which the sum
609of an employer's individual benefit ratio and variable
610adjustment factor exceeds the maximum contribution rate, the
611variable adjustment factor shall be reduced in order that the
612sum equals the maximum contribution rate. The variable
613adjustment factor for each of these employers is multiplied by
614his or her taxable payroll entering into the computation of his
615or her benefit ratio. The sum of these products shall be divided
616by the taxable payroll of the employers who entered into the
617computation of their benefit ratios. The resulting ratio shall
618be subtracted from the sum of the adjustment factors computed
619under sub-subparagraphs a.-c. to obtain the final adjustment
620factor. The variable adjustment factors and the final adjustment
621factor shall be computed to five decimal places and rounded to
622the fourth decimal place. This final adjustment factor shall be
623added to the variable adjustment factor and benefit ratio of
624each employer to obtain each employer's contribution rate. An
625employer's contribution rate may not, however, be rounded to
626less than 0.1 percent.
627     a.  An adjustment factor for noncharge benefits shall be
628computed to the fifth decimal place and rounded to the fourth
629decimal place by dividing the amount of noncharge benefits
630during the 3-year period described in subparagraph (b)2. by the
631taxable payroll of employers eligible for a variation from the
632standard rate who have a benefit ratio for the current year
633which is less than the maximum contribution rate. For purposes
634of computing this adjustment factor, the taxable payroll of
635these employers is the taxable payrolls for the 3 years ending
636June 30 of the current calendar year as reported to the tax
637collection service provider by September 30 of the same calendar
638year. As used in this sub-subparagraph, the term "noncharge
639benefits" means benefits paid to an individual from the
640Unemployment Compensation Trust Fund, but which were not charged
641to the employment record of any employer.
642     b.  An adjustment factor for excess payments shall be
643computed to the fifth decimal place, and rounded to the fourth
644decimal place by dividing the total excess payments during the
6453-year period described in subparagraph (b)2. by the taxable
646payroll of employers eligible for a variation from the standard
647rate who have a benefit ratio for the current year which is less
648than the maximum contribution rate. For purposes of computing
649this adjustment factor, the taxable payroll of these employers
650is the same figure used to compute the adjustment factor for
651noncharge benefits under sub-subparagraph a. As used in this
652sub-subparagraph, the term "excess payments" means the amount of
653benefits charged to the employment record of an employer during
654the 3-year period described in subparagraph (b)2., less the
655product of the maximum contribution rate and the employer's
656taxable payroll for the 3 years ending June 30 of the current
657calendar year as reported to the tax collection service provider
658by September 30 of the same calendar year. As used in this sub-
659subparagraph, the term "total excess payments" means the sum of
660the individual employer excess payments for those employers that
661were eligible to be considered for assignment of a contribution
662rate different from a variation from the standard rate.
663     c.  If the balance of the Unemployment Compensation Trust
664Fund on June 30 of the calendar year immediately preceding the
665calendar year for which the contribution rate is being computed
666is less than 3.7 percent of the taxable payrolls for the year
667ending June 30 as reported to the tax collection service
668provider by September 30 of that calendar year, a positive
669adjustment factor shall be computed. The positive adjustment
670factor shall be computed annually to the fifth decimal place and
671rounded to the fourth decimal place by dividing the sum of the
672total taxable payrolls for the year ending June 30 of the
673current calendar year as reported to the tax collection service
674provider by September 30 of that calendar year into a sum equal
675to one-fourth of the difference between the balance of the fund
676as of June 30 of that calendar year and the sum of 4.7 percent
677of the total taxable payrolls for that year. The positive
678adjustment factor remains in effect for subsequent years until
679the balance of the Unemployment Compensation Trust Fund as of
680June 30 of the year immediately preceding the effective date of
681the contribution rate equals or exceeds 3.7 percent of the
682taxable payrolls for the year ending June 30 of the current
683calendar year as reported to the tax collection service provider
684by September 30 of that calendar year. If the balance of the
685Unemployment Compensation Trust Fund as of June 30 of the year
686immediately preceding the calendar year for which the
687contribution rate is being computed exceeds 4.7 percent of the
688taxable payrolls for the year ending June 30 of the current
689calendar year as reported to the tax collection service provider
690by September 30 of that calendar year, a negative adjustment
691factor shall be computed. The negative adjustment factor shall
692be computed annually to the fifth decimal place and rounded to
693the fourth decimal place by dividing the sum of the total
694taxable payrolls for the year ending June 30 of the current
695calendar year as reported to the tax collection service provider
696by September 30 of the calendar year into a sum equal to one-
697fourth of the difference between the balance of the fund as of
698June 30 of the current calendar year and 4.7 percent of the
699total taxable payrolls of that year. The negative adjustment
700factor remains in effect for subsequent years until the balance
701of the Unemployment Compensation Trust Fund as of June 30 of the
702year immediately preceding the effective date of the
703contribution rate is less than 4.7 percent, but more than 3.7
704percent of the taxable payrolls for the year ending June 30 of
705the current calendar year as reported to the tax collection
706service provider by September 30 of that calendar year.
707     d.  The maximum contribution rate that may be assigned to
708an employer is 5.4 percent, except employers participating in an
709approved short-time compensation plan may be assigned a maximum
710contribution rate that is 1 percent greater than the maximum
711contribution rate for other employers in any calendar year in
712which short-time compensation benefits are charged to the
713employer's employment record.
714     2.  If the transfer of an employer's employment record to
715an employing unit under paragraph (f) which, before the
716transfer, was an employer, the tax collection service provider
717shall recompute a benefit ratio for the successor employer based
718on the combined employment records and reassign an appropriate
719contribution rate to the successor employer effective on the
720first day of the calendar quarter immediately after the
721effective date of the transfer.
722     (f)  Transfer of employment records.--
723     1.  For the purposes of this subsection, two or more
724employers who are parties to a transfer of business or the
725subject of a merger, consolidation, or other form of
726reorganization, effecting a change in legal identity or form,
727are deemed a single employer and are considered to be one
728employer with a continuous employment record if the tax
729collection service provider finds that the successor employer
730continues to carry on the employing enterprises of all of the
731predecessor employers and that the successor employer has paid
732all contributions required of and due from all of the
733predecessor employers and has assumed liability for all
734contributions that may become due from all of the predecessor
735employers. In addition, an employer may not be considered a
736successor under this subparagraph if the employer purchases a
737company with a lower rate into which employees with job
738functions unrelated to the business endeavors of the predecessor
739are transferred for the purpose of acquiring the low rate and
740avoiding payment of contributions. As used in this paragraph,
741notwithstanding s. 443.036(14), the term "contributions" means
742all indebtedness to the tax collection service provider,
743including, but not limited to, interest, penalty, collection
744fee, and service fee. A successor employer must accept the
745transfer of all of the predecessor employers' employment records
746within 30 days after the date of the official notification of
747liability by succession. If a predecessor employer has unpaid
748contributions or outstanding quarterly reports, the successor
749employer must pay the total amount with certified funds within
75030 days after the date of the notice listing the total amount
751due. After the total indebtedness is paid, the tax collection
752service provider shall transfer the employment records of all of
753the predecessor employers to the successor employer's employment
754record. The tax collection service provider shall determine the
755contribution rate of the combined successor and predecessor
756employers upon the transfer of the employment records, as
757prescribed by rule, in order to calculate any change in the
758contribution rate resulting from the transfer of the employment
760     2.  Regardless of whether a predecessor employer's
761employment record is transferred to a successor employer under
762this paragraph, the tax collection service provider shall treat
763the predecessor employer, if he or she subsequently employs
764individuals, as an employer without a previous employment record
765or, if his or her coverage is terminated under s. 443.121, as a
766new employing unit.
767     3.  The state agency providing unemployment tax collection
768services may adopt rules governing the partial transfer of
769experience rating when an employer transfers an identifiable and
770segregable portion of his or her payrolls and business to a
771successor employing unit. As a condition of each partial
772transfer, these rules must require the following to be filed
773with the tax collection service provider: an application by the
774successor employing unit, an agreement by the predecessor
775employer, and the evidence required by the tax collection
776service provider to show the benefit experience and payrolls
777attributable to the transferred portion through the date of the
778transfer. These rules must provide that the successor employing
779unit, if not an employer subject to this chapter, becomes an
780employer as of the date of the transfer and that the transferred
781portion of the predecessor employer's employment record is
782removed from the employment record of the predecessor employer.
783For each calendar year after the date of the transfer of the
784employment record in the records of the tax collection service
785provider, the service provider shall compute the contribution
786rate payable by the successor employer or employing unit based
787on his or her employment record, combined with the transferred
788portion of the predecessor employer's employment record. These
789rules may also prescribe what contribution rates are payable by
790the predecessor and successor employers for the period between
791the date of the transfer of the transferred portion of the
792predecessor employer's employment record in the records of the
793tax collection service provider and the first day of the next
794calendar year.
795     4.  This paragraph does not apply to an employee leasing
796company and client contractual agreement as defined in s.
797443.036. The tax collection service provider shall, if the
798contractual agreement is terminated or the employee leasing
799company fails to submit reports or pay contributions as required
800by the service provider, treat the client as a new employer
801without previous employment record unless the client is
802otherwise eligible for a variation from the standard rate.
803     (g)  Transfer of unemployment experience upon transfer or
804acquisition of a business.--Notwithstanding any other provision
805of law, the following shall apply regarding assignment of rates
806and transfers of experience:
807     1.a.  If an employer transfers its trade or business, or a
808portion thereof, to another employer and, at the time of the
809transfer, there is any common ownership, management, or control
810of the two employers, then the unemployment experience
811attributable to the transferred trade or business shall be
812transferred to the employer to whom such business is so
813transferred. The rates of both employers shall be recalculated
814and made effective as of the beginning of the calendar quarter
815immediately following the date of the transfer of trade or
816business unless the transfer occurred on the first day of a
817calendar quarter in which case the rate shall be recalculated as
818of that date.
819     b.  If, following a transfer of experience under sub-
820subparagraph a., the Agency for Workforce Innovation or the tax
821collection service provider determines that a substantial
822purpose of the transfer of trade or business was to obtain a
823reduced liability for contributions, then the experience rating
824account of the employers involved shall be combined into a
825single account and a single rate assigned to such account.
826     2.  Whenever a person who is not an employer under this
827chapter at the time it acquires the trade or business of an
828employer, the unemployment experience of the acquired business
829shall not be transferred to such person if the Agency for
830Workforce Innovation or the tax collection service provider
831finds that such person acquired the business solely or primarily
832for the purpose of obtaining a lower rate of contributions.
833Instead, such person shall be assigned the new employer rate
834under paragraph (2)(a). In determining whether the business was
835acquired solely or primarily for the purpose of obtaining a
836lower rate of contributions, the tax collection service provider
837shall consider, but not be limited to, the following factors:
838     a.  Whether the person continued the business enterprise of
839the acquired business;
840     b.  How long such business enterprise was continued; or
841     c.  Whether a substantial number of new employees were
842hired for performance of duties unrelated to the business
843activity conducted prior to acquisition.
844     3.  If a person knowingly violates or attempts to violate
845subparagraphs 1. or 2. or any other provision of this chapter
846related to determining the assignment of a contribution rate, or
847if a person knowingly advises another person to violate the law,
848the person shall be subject to the following penalties:
849     a.  If the person is an employer, then such employer shall
850be assigned the highest rate assignable under this chapter for
851the rate year during which such violation or attempted violation
852occurred and the 3 rate years immediately following this rate
853year. However, if the person's business is already at such
854highest rate for any year, or if the amount of increase in the
855person's rate would be less than 2 percent for such year, then a
856penalty rate of contributions of 2 percent of taxable wages
857shall be imposed for such year and the following 3 rate years.
858     b.  If the person is not an employer, such person shall be
859subject to a civil money penalty of not more than $5,000. The
860procedures for the assessment of a penalty shall be in
861accordance with the procedures set forth in s. 443.141(2), and
862the provisions of s. 443.141(3) shall apply to the collection of
863the penalty. Any such penalty shall be deposited in the penalty
864and interest account established under s. 443.211(2).
865     4.  For purposes of subparagraph 3., the term:
866     a.  "Knowingly" means having actual knowledge of or acting
867with deliberate ignorance or reckless disregard for the
868prohibition involved.
869     b.  "Violates or attempts to violate" includes, but is not
870limited to, intent to evade, misrepresentation, or willful
872     5.  In addition to the penalty imposed by subparagraph 3.,
873any person who violates this paragraph commits a felony of the
874third degree, punishable as provided in s. 775.082, s. 775.083,
875or s. 775.084.
876     6.  The Agency for Workforce Innovation and the tax
877collection service provider shall establish procedures to
878identify the transfer or acquisition of a business for purposes
879of this paragraph and shall adopt any rules necessary to
880administer this paragraph.
881     7.  For purposes of this paragraph:
882     a.  "Person" has the meaning given such term by s.
8837701(a)(1) of the Internal Revenue Code of 1986.
884     b.  "Trade or business" shall include the employer's
886     8.  This paragraph shall be interpreted and applied in such
887manner as to meet the minimum requirements contained in any
888guidance or regulations issued by the United States Department
889of Labor.
890     (h)(g)  Additional conditions for variation from the
891standard rate.--An employer's contribution rate may not be
892reduced below the standard rate under this section unless:
893     1.  All contributions, reimbursements, interest, and
894penalties incurred by the employer for wages paid by him or her
895in all previous calendar quarters, except the 4 calendar
896quarters immediately preceding the calendar quarter or calendar
897year for which the benefit ratio is computed, are paid; and
898     2.  The employer entitled to a rate reduction must have at
899least one annual payroll as defined in subparagraph (b)1. unless
900the employer is eligible for additional credit under the Federal
901Unemployment Tax Act. If the Federal Unemployment Tax Act is
902amended or repealed in a manner affecting credit under the
903federal act, this section applies only to the extent that
904additional credit is allowed against the payment of the tax
905imposed by the Federal Unemployment Tax Act.
907The tax collection service provider shall assign an earned
908contribution rate to an employer under subparagraph 1. the
909quarter immediately after the quarter in which all
910contributions, reimbursements, interest, and penalties are paid
911in full.
912     (i)(h)  Notice of determinations of contribution rates;
913redeterminations.--The state agency providing tax collection
915     1.  Shall promptly notify each employer of his or her
916contribution rate as determined for any calendar year under this
917section. The determination is conclusive and binding on the
918employer unless within 20 days after mailing the notice of
919determination to the employer's last known address, or, in the
920absence of mailing, within 20 days after delivery of the notice,
921the employer files an application for review and redetermination
922setting forth the grounds for review. An employer may not, in
923any proceeding involving his or her contribution rate or
924liability for contributions, contest the chargeability to his or
925her employment record of any benefits paid in accordance with a
926determination, redetermination, or decision under s. 443.151,
927except on the ground that the benefits charged were not based on
928services performed in employment for him or her and then only if
929the employer was not a party to the determination,
930redetermination, or decision, or to any other proceeding under
931this chapter, in which the character of those services was
933     2.  Shall, upon discovery of an error in computation,
934reconsider any prior determination or redetermination of a
935contribution rate after the 20-day period has expired and issue
936a revised notice of contribution rate as redetermined. A
937redetermination is subject to review, and is conclusive and
938binding if review is not sought, in the same manner as review of
939a determination under subparagraph 1. A reconsideration may not
940be made after March 31 of the calendar year immediately after
941the calendar year for which the contribution rate is applicable,
942and interest may not accrue on any additional contributions
943found to be due until 30 days after the employer is mailed
944notice of his or her revised contribution rate.
945     3.  May adopt rules providing for periodic notification to
946employers of benefits paid and charged to their employment
947records or of the status of those employment records. A
948notification, unless an application for redetermination is filed
949in the manner and within the time limits prescribed by the
950Agency for Workforce Innovation, is conclusive and binding on
951the employer under this chapter. The redetermination, and the
952Agency for Workforce Innovation's finding of fact in connection
953with the redetermination, may be introduced in any subsequent
954administrative or judicial proceeding involving the
955determination of the contribution rate of an employer for any
956calendar year. A redetermination becomes final in the same
957manner provided in this subsection for findings of fact made by
958the Agency for Workforce Innovation in proceedings to
959redetermine the contribution rate of an employer. Pending a
960redetermination or an administrative or judicial proceeding, the
961employer must file reports and pay contributions in accordance
962with this section.
963     (j)(i)  Employment records of employers entering the armed
965     1.  If the tax collection service provider finds that an
966employer's business is closed solely because of the entrance of
967one or more of the owners, officers, partners, or the majority
968stockholder into the Armed Forces of the United States, or any
969of its allies, or of the United Nations, the employer's
970employment record may not be terminated. If the business is
971resumed within 2 years after the discharge or release from
972active duty in the armed forces of that person or persons, the
973employer's benefit experience is deemed to have been continuous
974throughout that period. The benefit ratio of the employer for
975the calendar year in which he or she resumed business and the 3
976calendar years immediately after resuming business is a
977percentage equal to the total of his or her benefit charges,
978including charges of benefits paid to any individual during the
979period the employer was in the armed forces based on wages paid
980by him or her before the employer's entrance into the armed
981forces for the 3 most recently completed calendar years divided
982by that part of his or her total payroll, for which
983contributions were paid to the tax collection service provider,
984for the 3 most recent calendar years during the whole of which,
985respectively, the employer was in business.
986     2.  A refund made under this paragraph shall be made in
987accordance with s. 443.141(6).
988     (k)(j)  Applicability to contributing employers.--This
989subsection applies only to contributing employers.
990     Section 7.  Paragraph (b) of subsection (4) and paragraph
991(b) of subsection (6) of section 443.151, Florida Statutes, are
992amended to read:
993     443.151  Procedure concerning claims.--
994     (4)  APPEALS.--
995     (b)  Filing and hearing.--
996     1.  The claimant or any other party entitled to notice of a
997determination may appeal an adverse determination to an appeals
998referee within 20 days after the date of mailing of the notice
999to her or his last known address or, if the notice is not
1000mailed, within 20 days after the date of delivery of the notice.
1001     2.  Unless the appeal is untimely or withdrawn or review is
1002initiated by the commission, the appeals referee, after mailing
1003all parties and attorneys of record a notice of hearing at least
100410 days before the date of hearing, notwithstanding the 14-day
1005notice requirement in s. 120.569(2)(b), may only affirm, modify,
1006or reverse the determination. An appeal may not be withdrawn
1007without the permission of the appeals referee.
1008     3.  However, when an appeal appears to have been filed
1009after the permissible time limit, the Office of Appeals may
1010issue an order to show cause to the appellant, requiring the
1011appellant to show why the appeal should not be dismissed as
1012untimely. If the appellant does not, within 15 days after the
1013mailing date of the order to show cause, provide written
1014evidence of timely filing or good cause for failure to appeal
1015timely, the appeal shall be dismissed.
1016     4.3.  When an appeal involves a question of whether
1017services were performed by a claimant in employment or for an
1018employer, the referee must give special notice of the question
1019and of the pendency of the appeal to the employing unit and to
1020the Agency for Workforce Innovation, both of which become
1021parties to the proceeding.
1022     5.4.  The parties must be notified promptly of the
1023referee's decision. The referee's decision is final unless
1024further review is initiated under paragraph (c) within 20 days
1025after the date of mailing notice of the decision to the party's
1026last known address or, in lieu of mailing, within 20 days after
1027the delivery of the notice.
1029     (b)  Any person who, by reason other than her or his fraud,
1030receives benefits under this chapter to which, under a
1031redetermination or decision pursuant to this section, she or he
1032is found not entitled, is liable to repay those benefits to the
1033Agency for Workforce Innovation on behalf of the trust fund or,
1034in the agency's discretion, to have those benefits deducted from
1035any future benefits payable to her or him under this chapter.
1036Any recovery or recoupment of benefits must be effected within 3
10372 years after the redetermination or decision.
1038     Section 8.  Paragraph (a) of subsection (1) of section
1039895.02, Florida Statutes, is amended to read:
1040     895.02  Definitions.--As used in ss. 895.01-895.08, the
1042     (1)  "Racketeering activity" means to commit, to attempt to
1043commit, to conspire to commit, or to solicit, coerce, or
1044intimidate another person to commit:
1045     (a)  Any crime which is chargeable by indictment or
1046information under the following provisions of the Florida
1048     1.  Section 210.18, relating to evasion of payment of
1049cigarette taxes.
1050     2.  Section 403.727(3)(b), relating to environmental
1052     3.  Section 409.920 or s. 409.9201, relating to Medicaid
1054     4.  Section 414.39, relating to public assistance fraud.
1055     5.  Section 440.105 or s. 440.106, relating to workers'
1057     6.  Section 443.071(4), relating to creation of a
1058fictitious employer scheme to commit unemployment compensation
1060     7.6.  Section 465.0161, relating to distribution of
1061medicinal drugs without a permit as an Internet pharmacy.
1062     8.7.  Sections 499.0051, 499.0052, 499.00535, 499.00545,
1063and 499.0691, relating to crimes involving contraband and
1064adulterated drugs.
1065     9.8.  Part IV of chapter 501, relating to telemarketing.
1066     10.9.  Chapter 517, relating to sale of securities and
1067investor protection.
1068     11.10.  Section 550.235, s. 550.3551, or s. 550.3605,
1069relating to dogracing and horseracing.
1070     12.11.  Chapter 550, relating to jai alai frontons.
1071     13.12.  Chapter 552, relating to the manufacture,
1072distribution, and use of explosives.
1073     14.13.  Chapter 560, relating to money transmitters, if the
1074violation is punishable as a felony.
1075     15.14.  Chapter 562, relating to beverage law enforcement.
1076     16.15.  Section 624.401, relating to transacting insurance
1077without a certificate of authority, s. 624.437(4)(c)1., relating
1078to operating an unauthorized multiple-employer welfare
1079arrangement, or s. 626.902(1)(b), relating to representing or
1080aiding an unauthorized insurer.
1081     17.16.  Section 655.50, relating to reports of currency
1082transactions, when such violation is punishable as a felony.
1083     18.17.  Chapter 687, relating to interest and usurious
1085     19.18.  Section 721.08, s. 721.09, or s. 721.13, relating
1086to real estate timeshare plans.
1087     20.19.  Chapter 782, relating to homicide.
1088     21.20.  Chapter 784, relating to assault and battery.
1089     22.21.  Chapter 787, relating to kidnapping.
1090     23.22.  Chapter 790, relating to weapons and firearms.
1091     24.23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1092s. 796.05, or s. 796.07, relating to prostitution and sex
1094     25.24.  Chapter 806, relating to arson.
1095     26.25.  Section 810.02(2)(c), relating to specified
1096burglary of a dwelling or structure.
1097     27.26.  Chapter 812, relating to theft, robbery, and
1098related crimes.
1099     28.27.  Chapter 815, relating to computer-related crimes.
1100     29.28.  Chapter 817, relating to fraudulent practices,
1101false pretenses, fraud generally, and credit card crimes.
1102     30.29.  Chapter 825, relating to abuse, neglect, or
1103exploitation of an elderly person or disabled adult.
1104     31.30.  Section 827.071, relating to commercial sexual
1105exploitation of children.
1106     32.31.  Chapter 831, relating to forgery and
1108     33.32.  Chapter 832, relating to issuance of worthless
1109checks and drafts.
1110     34.33.  Section 836.05, relating to extortion.
1111     35.34.  Chapter 837, relating to perjury.
1112     36.35.  Chapter 838, relating to bribery and misuse of
1113public office.
1114     37.36.  Chapter 843, relating to obstruction of justice.
1115     38.37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1116or s. 847.07, relating to obscene literature and profanity.
1117     39.38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1118s. 849.25, relating to gambling.
1119     40.39.  Chapter 874, relating to criminal street gangs.
1120     41.40.  Chapter 893, relating to drug abuse prevention and
1122     42.41.  Chapter 896, relating to offenses related to
1123financial transactions.
1124     43.42.  Sections 914.22 and 914.23, relating to tampering
1125with a witness, victim, or informant, and retaliation against a
1126witness, victim, or informant.
1127     44.43.  Sections 918.12 and 918.13, relating to tampering
1128with jurors and evidence.
1129     Section 9.  For the purpose of incorporating the amendment
1130to section 895.02, Florida Statutes, in a reference thereto,
1131paragraph (a) of subsection (1) of section 16.56, Florida
1132Statutes, is reenacted to read:
1133     16.56  Office of Statewide Prosecution.--
1134     (1)  There is created in the Department of Legal Affairs an
1135Office of Statewide Prosecution. The office shall be a separate
1136"budget entity" as that term is defined in chapter 216. The
1137office may:
1138     (a)  Investigate and prosecute the offenses of:
1139     1.  Bribery, burglary, criminal usury, extortion, gambling,
1140kidnapping, larceny, murder, prostitution, perjury, robbery,
1141carjacking, and home-invasion robbery;
1142     2.  Any crime involving narcotic or other dangerous drugs;
1143     3.  Any violation of the provisions of the Florida RICO
1144(Racketeer Influenced and Corrupt Organization) Act, including
1145any offense listed in the definition of racketeering activity in
1146s. 895.02(1)(a), providing such listed offense is investigated
1147in connection with a violation of s. 895.03 and is charged in a
1148separate count of an information or indictment containing a
1149count charging a violation of s. 895.03, the prosecution of
1150which listed offense may continue independently if the
1151prosecution of the violation of s. 895.03 is terminated for any
1153     4.  Any violation of the provisions of the Florida Anti-
1154Fencing Act;
1155     5.  Any violation of the provisions of the Florida
1156Antitrust Act of 1980, as amended;
1157     6.  Any crime involving, or resulting in, fraud or deceit
1158upon any person;
1159     7.  Any violation of s. 847.0135, relating to computer
1160pornography and child exploitation prevention, or any offense
1161related to a violation of s. 847.0135;
1162     8.  Any violation of the provisions of chapter 815;
1163     9.  Any criminal violation of part I of chapter 499;
1164     10.  Any violation of the provisions of the Florida Motor
1165Fuel Tax Relief Act of 2004; or
1166     11.  Any criminal violation of s. 409.920 or s. 409.9201;
1168or any attempt, solicitation, or conspiracy to commit any of the
1169crimes specifically enumerated above. The office shall have such
1170power only when any such offense is occurring, or has occurred,
1171in two or more judicial circuits as part of a related
1172transaction, or when any such offense is connected with an
1173organized criminal conspiracy affecting two or more judicial
1175     Section 10.  For the purpose of incorporating the amendment
1176to section 895.02, Florida Statutes, in a reference thereto,
1177subsection (3) of section 905.34, Florida Statutes, is reenacted
1178to read:
1179     905.34  Powers and duties; law applicable.--The
1180jurisdiction of a statewide grand jury impaneled under this
1181chapter shall extend throughout the state. The subject matter
1182jurisdiction of the statewide grand jury shall be limited to the
1183offenses of:
1184     (3)  Any violation of the provisions of the Florida RICO
1185(Racketeer Influenced and Corrupt Organization) Act, including
1186any offense listed in the definition of racketeering activity in
1187s. 895.02(1)(a), providing such listed offense is investigated
1188in connection with a violation of s. 895.03 and is charged in a
1189separate count of an information or indictment containing a
1190count charging a violation of s. 895.03, the prosecution of
1191which listed offense may continue independently if the
1192prosecution of the violation of s. 895.03 is terminated for any
1195or any attempt, solicitation, or conspiracy to commit any
1196violation of the crimes specifically enumerated above, when any
1197such offense is occurring, or has occurred, in two or more
1198judicial circuits as part of a related transaction or when any
1199such offense is connected with an organized criminal conspiracy
1200affecting two or more judicial circuits. The statewide grand
1201jury may return indictments and presentments irrespective of the
1202county or judicial circuit where the offense is committed or
1203triable. If an indictment is returned, it shall be certified and
1204transferred for trial to the county where the offense was
1205committed. The powers and duties of, and law applicable to,
1206county grand juries shall apply to a statewide grand jury except
1207when such powers, duties, and law are inconsistent with the
1208provisions of ss. 905.31-905.40.
1209     Section 11.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.