HB 1693CS


1The Criminal Justice Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to unemployment compensation; amending s.
7120.80, F.S.; providing an exemption for special deputies
8from uniform rules of procedure; amending s. 443.071,
9F.S.; providing penalties for false employer schemes;
10providing the requirements for establishing prima facie
11evidence; authorizing certain access to records relating
12to investigations of unemployment compensation fraud;
13amending s. 443.091, F.S.; clarifying benefit eligibility;
14amending s. 443.1216, F.S.; clarifying the persons that
15employee leasing companies may lease to a client;
16clarifying the exemption of certain service from the
17definition of employment; amending s. 443.1217, F.S.;
18clarifying exempt wages for the purpose of determining
19employer contributions; amending s. 443.131, F.S.;
20revising the definition of "total excess payments";
21prohibiting the transfer of unemployment experience by
22acquisition of a business in certain cases; providing for
23calculation of unemployment experience rating; providing
24penalties; amending s. 443.151, F.S.; providing for
25dismissal of untimely filed appeals; extending a deadline
26for recoupment of benefits; amending s. 895.02, F.S.;
27revising the definition of "racketeering activity";
28reenacting ss. 16.56(1)(a), 655.50(3)(g), 896.101(2)(g),
29and 905.34(3), F.S., relating to the Office of Statewide
30Prosecution, the Florida Control of Money Laundering in
31Financial Institutions Act, the Florida Money Laundering
32Act, and the powers and duties of a statewide grand jury,
33respectively, to incorporate the amendment to s. 895.02,
34F.S., in references thereto; providing an effective date.
36Be It Enacted by the Legislature of the State of Florida:
38     Section 1.  Paragraph (b) of subsection (10) of section
39120.80, Florida Statutes, is amended to read:
40     120.80  Exceptions and special requirements; agencies.--
42     (b)  Notwithstanding s. 120.54(5), the uniform rules of
43procedure do not apply to appeal proceedings conducted under
44chapter 443 by the Unemployment Appeals Commission, special
45deputies, or unemployment appeals referees.
46     Section 2.  Subsection (4) of section 443.071, Florida
47Statutes, is renumbered as subsection (5) and amended, and new
48subsections (4), (6), (7), and (8) are added to said section, to
50     443.071  Penalties.--
51     (4)  Any person who establishes a fictitious employing unit
52by submitting to the Agency for Workforce Innovation or its tax
53collection service provider fraudulent employing unit records or
54tax or wage reports by the introduction of fraudulent records
55into a computer system, the intentional or deliberate alteration
56or destruction of computerized information or files, or the
57theft of financial instruments, data, and other assets, for the
58purpose of enabling herself or himself or any other person to
59receive benefits under this chapter to which such person is not
60entitled, commits a felony of the third degree, punishable as
61provided in s. 775.082, s. 775.083, or s. 775.084.
62     (5)(4)  In any prosecution or action under this section,
63the entry into evidence of the signature of a person on a
64document, letter, or other writing constitutes prima facie
65evidence of the person's identity if the following conditions
67     (a)  The document includes the person's name, residence
68address, and social security number person gives her or his
69name, residence address, home telephone number, present or
70former place of employment, gender, date of birth, social
71security number, height, weight, and race.
72     (b)  The signature of the person is witnessed by an agent
73or employee of the Agency for Workforce Innovation or its tax
74collection service provider at the time the document, letter, or
75other writing is filed.
76     (6)  The entry into evidence of an application for
77unemployment benefits initiated by the use of the internet
78claims program or the interactive voice response system
79telephone claims program of the Agency for Workforce Innovation
80constitutes prima facie evidence of the establishment of a
81personal benefit account by or for an individual if the
82following information is provided: the applicant's name,
83residence address, date of birth, social security number, and
84present or former place of work.
85     (7)  The entry into evidence of a transaction history
86generated by a personal identification number establishing that
87a certification or claim for one or more weeks of benefits was
88made against the benefit account of the individual, together
89with documentation that payment was paid by a state warrant made
90to the order of the person or by direct deposit via electronic
91means, constitutes prima facie evidence that the person claimed
92and received unemployment benefits from the state.
93     (8)  All records relating to investigations of unemployment
94compensation fraud in the custody of the Agency for Workforce
95Innovation or its tax collection service provider are available
96for examination by the Department of Law Enforcement, the states
97attorneys, or the Office of the Statewide Prosecutor in the
98prosecution of offenses under s. 817.568 or in proceedings
99brought under this chapter.
100     Section 3.  Paragraph (c) of subsection (1) of section
101443.091, Florida Statutes, is amended to read:
102     443.091  Benefit eligibility conditions.--
103     (1)  An unemployed individual is eligible to receive
104benefits for any week only if the Agency for Workforce
105Innovation finds that:
106     (c)1.  She or he is able to work and is available for work.
107In order to assess eligibility for a claimed week of
108unemployment, the Agency for Workforce Innovation shall develop
109criteria to determine a claimant's ability to work and
110availability for work.
111     2.  Notwithstanding any other provision of this paragraph
112or paragraphs (b) and (d) section, an otherwise eligible
113individual may not be denied benefits for any week because she
114or he is in training with the approval of the Agency for
115Workforce Innovation, and such an individual may not be denied
116benefits for any week in which she or he is in training with the
117approval of the Agency for Workforce Innovation by reason of
118subparagraph 1. relating to availability for work, or s.
119443.101(2) relating to failure to apply for, or refusal to
120accept, suitable work. Training may be approved by the Agency
121for Workforce Innovation in accordance with criteria prescribed
122by rule. A claimant's eligibility during approved training is
123contingent upon satisfying eligibility conditions prescribed by
125     3.  Notwithstanding any other provision of this chapter, an
126individual who is in training approved under s. 236(a)(1) of the
127Trade Act of 1974, as amended, may not be determined to be
128ineligible or disqualified for benefits with respect to her or
129his enrollment in such training or because of leaving work that
130is not suitable employment to enter such training. As used in
131this subparagraph, the term "suitable employment" means, for a
132worker, work of a substantially equal or higher skill level than
133the worker's past adversely affected employment, as defined for
134purposes of the Trade Act of 1974, as amended, the wages for
135which are at least 80 percent of the worker's average weekly
136wage as determined for purposes of the Trade Act of 1974, as
138     4.  Notwithstanding any other provision of this section, an
139otherwise eligible individual may not be denied benefits for any
140week by reason of subparagraph 1. because she or he is before
141any court of the United States or any state under a lawfully
142issued summons to appear for jury duty.
143     Section 4.  Subsections (1) and (13) of section 443.1216,
144Florida Statutes, are amended to read:
145     443.1216  Employment.--Employment, as defined in s.
146443.036, is subject to this chapter under the following
148     (1)(a)  The employment subject to this chapter includes a
149service performed, including a service performed in interstate
150commerce, by:
151     1.  An officer of a corporation.
152     2.  An individual who, under the usual common-law rules
153applicable in determining the employer-employee relationship, is
154an employee. However, whenever a client, as defined in s.
155443.036(18), which would otherwise be designated as an employing
156unit has contracted with an employee leasing company to supply
157it with workers, those workers are considered employees of the
158employee leasing company. An employee leasing company may lease
159corporate officers of the client to the client and to other
160workers to the client, except as prohibited by regulations of
161the Internal Revenue Service. Employees of an employee leasing
162company must be reported under the employee leasing company's
163tax identification number and contribution rate for work
164performed for the employee leasing company.
165     3.  An individual other than an individual who is an
166employee under subparagraph 1. or subparagraph 2., who performs
167services for remuneration for any person:
168     a.  As an agent-driver or commission-driver engaged in
169distributing meat products, vegetable products, fruit products,
170bakery products, beverages other than milk, or laundry or
171drycleaning services for his or her principal.
172     b.  As a traveling or city salesperson engaged on a full-
173time basis in the solicitation on behalf of, and the
174transmission to, his or her principal of orders from
175wholesalers, retailers, contractors, or operators of hotels,
176restaurants, or other similar establishments for merchandise for
177resale or supplies for use in their business operations. This
178sub-subparagraph does not apply to an agent-driver or a
179commission-driver and does not apply to sideline sales
180activities performed on behalf of a person other than the
181salesperson's principal.
182     4.  The services described in subparagraph 3. are
183employment subject to this chapter only if:
184     a.  The contract of service contemplates that substantially
185all of the services are to be performed personally by the
187     b.  The individual does not have a substantial investment
188in facilities used in connection with the services, other than
189facilities used for transportation; and
190     c.  The services are not in the nature of a single
191transaction that is not part of a continuing relationship with
192the person for whom the services are performed.
193     (b)  Notwithstanding any other provision of this section,
194service for which a tax is required to be paid under any federal
195law imposing a tax against which credit may be taken for
196contributions required to be paid into a state unemployment fund
197or which as a condition for full tax credit against the tax
198imposed by the Federal Unemployment Tax Act is required to be
199covered under this chapter.
200     (c)  If the services performed during at least one-half of
201a pay period by an employee for the person employing him or her
202constitute employment, all of the services performed by the
203employee during the period are deemed to be employment. If the
204services performed during more than one-half of the pay period
205by an employee for the person employing him or her do not
206constitute employment, all of the services performed by the
207employee during the period are not deemed to be employment. This
208paragraph does not apply to services performed in a pay period
209by an employee for the person employing him or her if any of
210those services are exempted under paragraph (13)(g).
211     (d)  If two or more related corporations concurrently
212employ the same individual and compensate the individual through
213a common paymaster, each related corporation is considered to
214have paid wages to the individual only in the amounts actually
215disbursed by that corporation to the individual and is not
216considered to have paid the wages actually disbursed to the
217individual by another of the related corporations.
218     1.  As used in this paragraph, the term "common paymaster"
219means a member of a group of related corporations that disburses
220wages to concurrent employees on behalf of the related
221corporations and that is responsible for keeping payroll records
222for those concurrent employees. A common paymaster is not
223required to disburse wages to all the employees of the related
224corporations; however, this subparagraph does not apply to wages
225of concurrent employees which are not disbursed through a common
226paymaster. A common paymaster must pay concurrently employed
227individuals under this subparagraph by one combined paycheck.
228     2.  As used in this paragraph, the term "concurrent
229employment" means the existence of simultaneous employment
230relationships between an individual and related corporations.
231Those relationships require the performance of services by the
232employee for the benefit of the related corporations, including
233the common paymaster, in exchange for wages that, if deductible
234for the purposes of federal income tax, are deductible by the
235related corporations.
236     3.  Corporations are considered related corporations for an
237entire calendar quarter if they satisfy any one of the following
238tests at any time during the calendar quarter:
239     a.  The corporations are members of a "controlled group of
240corporations" as defined in s. 1563 of the Internal Revenue Code
241of 1986 or would be members if paragraph 1563(a)(4) and
242subsection 1563(b) did not apply.
243     b.  In the case of a corporation that does not issue stock,
244at least 50 percent of the members of the board of directors or
245other governing body of one corporation are members of the board
246of directors or other governing body of the other corporation or
247the holders of at least 50 percent of the voting power to select
248those members are concurrently the holders of at least 50
249percent of the voting power to select those members of the other
251     c.  At least 50 percent of the officers of one corporation
252are concurrently officers of the other corporation.
253     d.  At least 30 percent of the employees of one corporation
254are concurrently employees of the other corporation.
255     4.  The common paymaster must report to the tax collection
256service provider, as part of the unemployment compensation
257quarterly tax and wage report, the state unemployment
258compensation account number and name of each related corporation
259for which concurrent employees are being reported. Failure to
260timely report this information shall result in the related
261corporations being denied common paymaster status for that
262calendar quarter.
263     5.  The common paymaster also has the primary
264responsibility for remitting contributions due under this
265chapter for the wages it disburses as the common paymaster. The
266common paymaster must compute these contributions as though it
267were the sole employer of the concurrently employed individuals.
268If a common paymaster fails to timely remit these contributions
269or reports, in whole or in part, the common paymaster remains
270liable for the full amount of the unpaid portion of these
271contributions. In addition, each of the other related
272corporations using the common paymaster is jointly and severally
273liable for its appropriate share of these contributions. Each
274related corporation's share equals the greater of:
275     a.  The liability of the common paymaster under this
276chapter, after taking into account any contributions made.
277     b.  The liability under this chapter which, notwithstanding
278this section, would have existed for the wages from the other
279related corporations, reduced by an allocable portion of any
280contributions previously paid by the common paymaster for those
282     (13)  The following are employment is exempt from coverage
283under this chapter:
284     (a)  Domestic service in a private home, local college
285club, or local chapter of a college fraternity or sorority,
286except as provided in subsection (6).
287     (b)  Service performed on or in connection with a vessel or
288aircraft that is not an American vessel or American aircraft, if
289the employee is employed on and in connection with the vessel or
290aircraft while the vessel or aircraft is outside the United
292     (c)  Service performed by an individual engaged in, or as
293an officer or member of the crew of a vessel engaged in, the
294catching, taking, harvesting, cultivating, or farming of any
295kind of fish, shellfish, crustacea, sponges, seaweeds, or other
296aquatic forms of animal and vegetable life, including service
297performed by an individual as an ordinary incident to engaging
298in those activities, except:
299     1.  Service performed in connection with the catching or
300taking of salmon or halibut for commercial purposes.
301     2.  Service performed on, or in connection with, a vessel
302of more than 10 net tons, determined in the manner provided for
303determining the registered tonnage of merchant vessels under the
304laws of the United States.
305     (d)  Service performed by an individual in the employ of
306his or her son, daughter, or spouse, including step
307relationships, and service performed by a child, or stepchild,
308under the age of 21 in the employ of his or her father, mother,
309stepfather, or stepmother.
310     (e)  Service performed in the employ of the Federal
311Government or of an instrumentality of the Federal Government
312which is:
313     1.  Wholly or partially owned by the United States.
314     2.  Exempt from the tax imposed by s. 3301 of the Internal
315Revenue Code under a federal law that specifically cites s.
3163301, or the corresponding section of prior law, in granting the
317exemption. However, to the extent that the United States
318Congress permits the state to require an instrumentality of the
319Federal Government to make payments into the Unemployment
320Compensation Trust Fund under this chapter, this chapter applies
321to that instrumentality, and to services performed for that
322instrumentality, in the same manner, to the same extent, and on
323the same terms as other employers, employing units, individuals,
324and services. If this state is not certified for any year by the
325Secretary of Labor under s. 3304 of the federal Internal Revenue
326Code, the tax collection service provider shall refund the
327payments required of each instrumentality of the Federal
328Government for that year from the fund in the same manner and
329within the same period as provided in s. 443.141(6) for
330contributions erroneously collected.
331     (f)  Service performed in the employ of a public employer
332as defined in s. 443.036, except as provided in subsection (2),
333and service performed in the employ of an instrumentality of a
334public employer as described in s. 443.036(35)(b) or (c), to the
335extent that the instrumentality is immune under the United
336States Constitution from the tax imposed by s. 3301 of the
337Internal Revenue Code for that service.
338     (g)  Service performed in the employ of a corporation,
339community chest, fund, or foundation that is organized and
340operated exclusively for religious, charitable, scientific,
341testing for public safety, literary, or educational purposes or
342for the prevention of cruelty to children or animals. This
343exemption does not apply to an employer if part of the
344employer's net earnings inures to the benefit of any private
345shareholder or individual or if a substantial part of the
346employer's activities involve carrying on propaganda, otherwise
347attempting to influence legislation, or participating or
348intervening in, including the publishing or distributing of
349statements, a political campaign on behalf of a candidate for
350public office, except as provided in subsection (3).
351     (h)  Service for which unemployment compensation is payable
352under an unemployment compensation system established by the
353United States Congress, of which this chapter is not a part.
354     (i)1.  Service performed during a calendar quarter in the
355employ of an organization exempt from the federal income tax
356under s. 501(a) of the Internal Revenue Code, other than an
357organization described in s. 401(a), or under s. 521, if the
358remuneration for the service is less than $50.
359     2.  Service performed in the employ of a school, college,
360or university, if the service is performed by a student who is
361enrolled and is regularly attending classes at the school,
362college, or university.
363     (j)  Service performed in the employ of a foreign
364government, including service as a consular or other officer or
365employee of a nondiplomatic representative.
366     (k)  Service performed in the employ of an instrumentality
367wholly owned by a foreign government if:
368     1.  The service is of a character similar to that performed
369in foreign countries by employees of the Federal Government or
370of an instrumentality of the Federal Government; and
371     2.  The United States Secretary of State certifies to the
372United States Secretary of the Treasury that the foreign
373government for whose instrumentality the exemption is claimed
374grants an equivalent exemption for similar service performed in
375the foreign country by employees of the Federal Government and
376of instrumentalities of the Federal Government.
377     (l)  Service performed as a student nurse in the employ of
378a hospital or a nurses' training school by an individual who is
379enrolled and is regularly attending classes in a nurses'
380training school chartered or approved under state law, service
381performed as an intern in the employ of a hospital by an
382individual who has completed a 4-year course in a medical school
383chartered or approved under state law, and service performed by
384a patient of a hospital for the hospital.
385     (m)  Service performed by an individual for a person as an
386insurance agent or as an insurance solicitor, if all of the
387service performed by the individual for that person is performed
388for remuneration solely by way of commission, except for
389services performed in accordance with 26 U.S.C. s. 3306(c)(7)
390and (8). For purposes of this section, those benefits excluded
391from the wages subject to this chapter under s. 443.1217(2)(b)-
392(f), inclusive, are not considered remuneration.
393     (n)  Service performed by an individual for a person as a
394real estate salesperson or agent, if all of the service
395performed by the individual for that person is performed for
396remuneration solely by way of commission.
397     (o)  Service performed by an individual under the age of 18
398in the delivery or distribution of newspapers or shopping news,
399excluding delivery or distribution to any point for subsequent
400delivery or distribution.
401     (p)  Service covered by an arrangement between the Agency
402for Workforce Innovation, or its tax collection service
403provider, and the agency charged with the administration of
404another state or federal unemployment compensation law under
405which all services performed by an individual for an employing
406unit during the period covered by the employing unit's duly
407approved election is deemed to be performed entirely within the
408other agency's state or under the federal law.
409     (q)  Service performed by an individual enrolled at a
410nonprofit or public educational institution that normally
411maintains a regular faculty and curriculum and normally has a
412regularly organized body of students in attendance at the place
413where its educational activities are carried on, if the
414institution certifies to the employer that the individual is a
415student in a full-time program, taken for credit at the
416institution that combines academic instruction with work
417experience, and that the service is an integral part of the
418program. This paragraph does not apply to service performed in a
419program established for or on behalf of an employer or group of
421     (r)  Service performed by an individual for a person as a
422barber, if all of the service performed by the individual for
423that person is performed for remuneration solely by way of
425     (s)  Casual labor not in the course of the employer's trade
426or business.
427     (t)  Service performed by a speech therapist, occupational
428therapist, or physical therapist who is nonsalaried and working
429under a written contract with a home health agency as defined in
430s. 400.462.
431     (u)  Service performed by a direct seller. As used in this
432paragraph, the term "direct seller" means a person:
433     1.a.  Who is engaged in the trade or business of selling or
434soliciting the sale of consumer products to buyers on a buy-sell
435basis, on a deposit-commission basis, or on a similar basis, for
436resale in the home or in another place that is not a permanent
437retail establishment; or
438     b.  Who is engaged in the trade or business of selling or
439soliciting the sale of consumer products in the home or in
440another place that is not a permanent retail establishment;
441     2.  Substantially all of whose remuneration for services
442described in subparagraph 1., regardless of whether paid in
443cash, is directly related to sales or other output, rather than
444to the number of hours worked; and
445     3.  Who performs the services under a written contract with
446the person for whom the services are performed, if the contract
447provides that the person will not be treated as an employee for
448those services for federal tax purposes.
449     (v)  Service performed by a nonresident alien for the
450period he or she is temporarily present in the United States as
451a nonimmigrant under subparagraph (F) or subparagraph (J) of s.
452101(a)(15) of the Immigration and Nationality Act, and which is
453performed to carry out the purpose specified in subparagraph (F)
454or subparagraph (J), as applicable.
455     (w)  Service performed by an individual for remuneration
456for a private, for-profit delivery or messenger service, if the
458     1.  Is free to accept or reject jobs from the delivery or
459messenger service and the delivery or messenger service does not
460have control over when the individual works;
461     2.  Is remunerated for each delivery, or the remuneration
462is based on factors that relate to the work performed, including
463receipt of a percentage of any rate schedule;
464     3.  Pays all expenses, and the opportunity for profit or
465loss rests solely with the individual;
466     4.  Is responsible for operating costs, including fuel,
467repairs, supplies, and motor vehicle insurance;
468     5.  Determines the method of performing the service,
469including selection of routes and order of deliveries;
470     6.  Is responsible for the completion of a specific job and
471is liable for any failure to complete that job;
472     7.  Enters into a contract with the delivery or messenger
473service which specifies that the individual is an independent
474contractor and not an employee of the delivery or messenger
475service; and
476     8.  Provides the vehicle used to perform the service.
477     (x)  Service performed in agricultural labor by an
478individual who is an alien admitted to the United States to
479perform service in agricultural labor under ss. 101(a)(15)(H)
480and 214(c) of the Immigration and Nationality Act.
481     (y)  Service performed by a person who is an inmate of a
482penal institution.
483     Section 5.  Subsection (2) of section 443.1217, Florida
484Statutes, is amended to read:
485     443.1217  Wages.--
486     (2)  For the purpose of determining an employer's
487contributions, the following wages are exempt from this chapter:
488     (a)  That part of remuneration paid to an individual by an
489employer for employment during a calendar year in excess of the
490first $7,000 of remuneration paid to the individual by the
491employer or his or her predecessor during that calendar year,
492unless that part of the remuneration is subject to a tax, under
493a federal law imposing the tax, against which credit may be
494taken for contributions required to be paid into a state
495unemployment fund. As used in this section only, the term
496"employment" includes services constituting employment under any
497employment security law of another state or of the Federal
499     (b)  Payment by an employing unit with respect to services
500performed for, or on behalf of, an individual employed by the
501employing unit under a plan or system established by the
502employing unit which provides for payment to its employees
503generally or to a class of its employees, including any amount
504paid by the employing unit for insurance or annuities or paid
505into a fund on account of:
506     1.  Sickness or accident disability. When payment is made
507to an employee or any of his or her dependents, this
508subparagraph exempts from the wages subject to this chapter only
509those payments received under a workers' compensation law.
510     2.  Medical and hospitalization expenses in connection with
511sickness or accident disability.
512     3.  Death, if the employee:
513     a.  Does not have the option to receive, in lieu of the
514death benefit, part of the payment or, if the death benefit is
515insured, part of the premiums or contributions to premiums paid
516by his or her employing unit; and
517     b.  Does not have the right under the plan, system, or
518policy providing the death benefit to assign the benefit or to
519receive cash consideration in lieu of the benefit upon his or
520her withdrawal from the plan or system; upon termination of the
521plan, system, or policy; or upon termination of his or her
522services with the employing unit.
523     (c)  Payment on account of sickness or accident disability,
524or payment of medical or hospitalization expenses in connection
525with sickness or accident disability, by an employing unit to,
526or on behalf of, an individual performing services for the
527employing unit more than 6 calendar months after the last
528calendar month the individual performed services for the
529employing unit.
530     (d)  Payment by an employing unit, without deduction from
531the remuneration of an individual employed by the employing
532unit, of the tax imposed upon the individual under s. 3101 of
533the federal Internal Revenue Code for services performed.
534     (e)  The value of:
535     1.  Meals furnished to an employee or the employee's spouse
536or dependents by the employer on the business premises of the
537employer for the convenience of the employer; or
538     2.  Lodging furnished to an employee or the employee's
539spouse or dependents by the employer on the business premises of
540the employer for the convenience of the employer when lodging is
541included as a condition of employment.
542     (f)  Payment made by an employing unit to, or on behalf of,
543an individual performing services for the employing unit or a
544beneficiary of the individual:
545     1.  From or to a trust described in s. 401(a) of the
546Internal Revenue Code of 1954 which is exempt from tax under s.
547501(a) at the time of payment, unless payment is made to an
548employee of the trust as remuneration for services rendered as
549an employee of the trust and not as a beneficiary of the trust;
550     2.  Under or to an annuity plan that, at the time of
551payment, is a plan described in s. 403(a) of the Internal
552Revenue Code of 1954;
553     3.  Under a simplified employee pension if, at the time of
554payment, it is reasonable to believe that the employee is
555entitled to a deduction under s. 219(b)(2) of the Internal
556Revenue Code of 1954 for the payment;
557     4.  Under or to an annuity contract described in s. 403(b)
558of the Internal Revenue Code of 1954, other than a payment for
559the purchase of an annuity contract as part of a salary
560reduction agreement, regardless of whether the agreement is
561evidenced by a written instrument or otherwise;
562     5.  Under or to an exempt governmental deferred
563compensation plan described in s. 3121(v)(3) of the Internal
564Revenue Code of 1954;
565     6.  To supplement pension benefits under a plan or trust
566described in subparagraphs 1.-5. to account for some portion or
567all of the increase in the cost of living, as determined by the
568United States Secretary of Labor, since retirement, but only if
569the supplemental payments are under a plan that is treated as a
570welfare plan under s. 3(2)(B)(ii) of the Employee Retirement
571Income Security Act of 1974; or
572     7.  Under a cafeteria plan, as defined in s. 125 of the
573Internal Revenue Code of 1986, as amended, if the payment would
574not be treated as wages without regard to such plan and it is
575reasonable to believe that, if s. 125 of the Internal Revenue
576Code of 1986, as amended, applied for purposes of this section,
577s. 125 of the Internal Revenue Code of 1986, as amended, would
578not treat any wages as constructively received.
579     (g)  Payment made, or benefit provided, by an employing
580unit to or for the benefit of an individual performing services
581for the employing unit or a beneficiary of the individual if, at
582the time of such payment or provision of the benefit, it is
583reasonable to believe that the individual may exclude the
584payment or benefit from income under s. 127 of the Internal
585Revenue Code of 1986, as amended.
586     Section 6.  Paragraphs (e) through (j) of subsection (3) of
587section 443.131, Florida Statutes, are amended to read:
588     443.131  Contributions.--
591     (e)  Assignment of variations from the standard rate.--
592     1.  The tax collection service provider shall assign a
593variation from the standard rate of contributions for each
594calendar year to each eligible employer. In determining the
595contribution rate, varying from the standard rate to be assigned
596each employer, adjustment factors computed under sub-
597subparagraphs a.-c. shall be added to the benefit ratio. This
598addition shall be accomplished in two steps by adding a variable
599adjustment factor and a final adjustment factor. The sum of
600these adjustment factors computed under sub-subparagraphs a.-c.
601shall first be algebraically summed. The sum of these adjustment
602factors shall next be divided by a gross benefit ratio
603determined as follows: Total benefit payments for the 3-year
604period described in subparagraph (b)2. shall be charged to
605employers eligible for a variation from the standard rate, minus
606excess payments for the same period, divided by taxable payroll
607entering into the computation of individual benefit ratios for
608the calendar year for which the contribution rate is being
609computed. The ratio of the sum of the adjustment factors
610computed under sub-subparagraphs a.-c. to the gross benefit
611ratio shall be multiplied by each individual benefit ratio that
612is less than the maximum contribution rate to obtain variable
613adjustment factors; except that in any instance in which the sum
614of an employer's individual benefit ratio and variable
615adjustment factor exceeds the maximum contribution rate, the
616variable adjustment factor shall be reduced in order that the
617sum equals the maximum contribution rate. The variable
618adjustment factor for each of these employers is multiplied by
619his or her taxable payroll entering into the computation of his
620or her benefit ratio. The sum of these products shall be divided
621by the taxable payroll of the employers who entered into the
622computation of their benefit ratios. The resulting ratio shall
623be subtracted from the sum of the adjustment factors computed
624under sub-subparagraphs a.-c. to obtain the final adjustment
625factor. The variable adjustment factors and the final adjustment
626factor shall be computed to five decimal places and rounded to
627the fourth decimal place. This final adjustment factor shall be
628added to the variable adjustment factor and benefit ratio of
629each employer to obtain each employer's contribution rate. An
630employer's contribution rate may not, however, be rounded to
631less than 0.1 percent.
632     a.  An adjustment factor for noncharge benefits shall be
633computed to the fifth decimal place and rounded to the fourth
634decimal place by dividing the amount of noncharge benefits
635during the 3-year period described in subparagraph (b)2. by the
636taxable payroll of employers eligible for a variation from the
637standard rate who have a benefit ratio for the current year
638which is less than the maximum contribution rate. For purposes
639of computing this adjustment factor, the taxable payroll of
640these employers is the taxable payrolls for the 3 years ending
641June 30 of the current calendar year as reported to the tax
642collection service provider by September 30 of the same calendar
643year. As used in this sub-subparagraph, the term "noncharge
644benefits" means benefits paid to an individual from the
645Unemployment Compensation Trust Fund, but which were not charged
646to the employment record of any employer.
647     b.  An adjustment factor for excess payments shall be
648computed to the fifth decimal place, and rounded to the fourth
649decimal place by dividing the total excess payments during the
6503-year period described in subparagraph (b)2. by the taxable
651payroll of employers eligible for a variation from the standard
652rate who have a benefit ratio for the current year which is less
653than the maximum contribution rate. For purposes of computing
654this adjustment factor, the taxable payroll of these employers
655is the same figure used to compute the adjustment factor for
656noncharge benefits under sub-subparagraph a. As used in this
657sub-subparagraph, the term "excess payments" means the amount of
658benefits charged to the employment record of an employer during
659the 3-year period described in subparagraph (b)2., less the
660product of the maximum contribution rate and the employer's
661taxable payroll for the 3 years ending June 30 of the current
662calendar year as reported to the tax collection service provider
663by September 30 of the same calendar year. As used in this sub-
664subparagraph, the term "total excess payments" means the sum of
665the individual employer excess payments for those employers that
666were eligible to be considered for assignment of a contribution
667rate different from a variation from the standard rate.
668     c.  If the balance of the Unemployment Compensation Trust
669Fund on June 30 of the calendar year immediately preceding the
670calendar year for which the contribution rate is being computed
671is less than 3.7 percent of the taxable payrolls for the year
672ending June 30 as reported to the tax collection service
673provider by September 30 of that calendar year, a positive
674adjustment factor shall be computed. The positive adjustment
675factor shall be computed annually to the fifth decimal place and
676rounded to the fourth decimal place by dividing the sum of the
677total taxable payrolls for the year ending June 30 of the
678current calendar year as reported to the tax collection service
679provider by September 30 of that calendar year into a sum equal
680to one-fourth of the difference between the balance of the fund
681as of June 30 of that calendar year and the sum of 4.7 percent
682of the total taxable payrolls for that year. The positive
683adjustment factor remains in effect for subsequent years until
684the balance of the Unemployment Compensation Trust Fund as of
685June 30 of the year immediately preceding the effective date of
686the contribution rate equals or exceeds 3.7 percent of the
687taxable payrolls for the year ending June 30 of the current
688calendar year as reported to the tax collection service provider
689by September 30 of that calendar year. If the balance of the
690Unemployment Compensation Trust Fund as of June 30 of the year
691immediately preceding the calendar year for which the
692contribution rate is being computed exceeds 4.7 percent of the
693taxable payrolls for the year ending June 30 of the current
694calendar year as reported to the tax collection service provider
695by September 30 of that calendar year, a negative adjustment
696factor shall be computed. The negative adjustment factor shall
697be computed annually to the fifth decimal place and rounded to
698the fourth decimal place by dividing the sum of the total
699taxable payrolls for the year ending June 30 of the current
700calendar year as reported to the tax collection service provider
701by September 30 of the calendar year into a sum equal to one-
702fourth of the difference between the balance of the fund as of
703June 30 of the current calendar year and 4.7 percent of the
704total taxable payrolls of that year. The negative adjustment
705factor remains in effect for subsequent years until the balance
706of the Unemployment Compensation Trust Fund as of June 30 of the
707year immediately preceding the effective date of the
708contribution rate is less than 4.7 percent, but more than 3.7
709percent of the taxable payrolls for the year ending June 30 of
710the current calendar year as reported to the tax collection
711service provider by September 30 of that calendar year.
712     d.  The maximum contribution rate that may be assigned to
713an employer is 5.4 percent, except employers participating in an
714approved short-time compensation plan may be assigned a maximum
715contribution rate that is 1 percent greater than the maximum
716contribution rate for other employers in any calendar year in
717which short-time compensation benefits are charged to the
718employer's employment record.
719     2.  If the transfer of an employer's employment record to
720an employing unit under paragraph (f) which, before the
721transfer, was an employer, the tax collection service provider
722shall recompute a benefit ratio for the successor employer based
723on the combined employment records and reassign an appropriate
724contribution rate to the successor employer effective on the
725first day of the calendar quarter immediately after the
726effective date of the transfer.
727     (f)  Transfer of employment records.--
728     1.  For the purposes of this subsection, two or more
729employers who are parties to a transfer of business or the
730subject of a merger, consolidation, or other form of
731reorganization, effecting a change in legal identity or form,
732are deemed a single employer and are considered to be one
733employer with a continuous employment record if the tax
734collection service provider finds that the successor employer
735continues to carry on the employing enterprises of all of the
736predecessor employers and that the successor employer has paid
737all contributions required of and due from all of the
738predecessor employers and has assumed liability for all
739contributions that may become due from all of the predecessor
740employers. In addition, an employer may not be considered a
741successor under this subparagraph if the employer purchases a
742company with a lower rate into which employees with job
743functions unrelated to the business endeavors of the predecessor
744are transferred for the purpose of acquiring the low rate and
745avoiding payment of contributions. As used in this paragraph,
746notwithstanding s. 443.036(14), the term "contributions" means
747all indebtedness to the tax collection service provider,
748including, but not limited to, interest, penalty, collection
749fee, and service fee. A successor employer must accept the
750transfer of all of the predecessor employers' employment records
751within 30 days after the date of the official notification of
752liability by succession. If a predecessor employer has unpaid
753contributions or outstanding quarterly reports, the successor
754employer must pay the total amount with certified funds within
75530 days after the date of the notice listing the total amount
756due. After the total indebtedness is paid, the tax collection
757service provider shall transfer the employment records of all of
758the predecessor employers to the successor employer's employment
759record. The tax collection service provider shall determine the
760contribution rate of the combined successor and predecessor
761employers upon the transfer of the employment records, as
762prescribed by rule, in order to calculate any change in the
763contribution rate resulting from the transfer of the employment
765     2.  Regardless of whether a predecessor employer's
766employment record is transferred to a successor employer under
767this paragraph, the tax collection service provider shall treat
768the predecessor employer, if he or she subsequently employs
769individuals, as an employer without a previous employment record
770or, if his or her coverage is terminated under s. 443.121, as a
771new employing unit.
772     3.  The state agency providing unemployment tax collection
773services may adopt rules governing the partial transfer of
774experience rating when an employer transfers an identifiable and
775segregable portion of his or her payrolls and business to a
776successor employing unit. As a condition of each partial
777transfer, these rules must require the following to be filed
778with the tax collection service provider: an application by the
779successor employing unit, an agreement by the predecessor
780employer, and the evidence required by the tax collection
781service provider to show the benefit experience and payrolls
782attributable to the transferred portion through the date of the
783transfer. These rules must provide that the successor employing
784unit, if not an employer subject to this chapter, becomes an
785employer as of the date of the transfer and that the transferred
786portion of the predecessor employer's employment record is
787removed from the employment record of the predecessor employer.
788For each calendar year after the date of the transfer of the
789employment record in the records of the tax collection service
790provider, the service provider shall compute the contribution
791rate payable by the successor employer or employing unit based
792on his or her employment record, combined with the transferred
793portion of the predecessor employer's employment record. These
794rules may also prescribe what contribution rates are payable by
795the predecessor and successor employers for the period between
796the date of the transfer of the transferred portion of the
797predecessor employer's employment record in the records of the
798tax collection service provider and the first day of the next
799calendar year.
800     4.  This paragraph does not apply to an employee leasing
801company and client contractual agreement as defined in s.
802443.036. The tax collection service provider shall, if the
803contractual agreement is terminated or the employee leasing
804company fails to submit reports or pay contributions as required
805by the service provider, treat the client as a new employer
806without previous employment record unless the client is
807otherwise eligible for a variation from the standard rate.
808     (g)  Transfer of unemployment experience upon transfer or
809acquisition of a business.--Notwithstanding any other provision
810of law, the following shall apply regarding assignment of rates
811and transfers of experience:
812     1.a.  If an employer transfers its trade or business, or a
813portion thereof, to another employer and, at the time of the
814transfer, there is any common ownership, management, or control
815of the two employers, then the unemployment experience
816attributable to the transferred trade or business shall be
817transferred to the employer to whom such business is so
818transferred. The rates of both employers shall be recalculated
819and made effective as of the beginning of the calendar quarter
820immediately following the date of the transfer of trade or
821business unless the transfer occurred on the first day of a
822calendar quarter in which case the rate shall be recalculated as
823of that date.
824     b.  If, following a transfer of experience under sub-
825subparagraph a., the Agency for Workforce Innovation or the tax
826collection service provider determines that a substantial
827purpose of the transfer of trade or business was to obtain a
828reduced liability for contributions, then the experience rating
829account of the employers involved shall be combined into a
830single account and a single rate assigned to such account.
831     2.  Whenever a person who is not an employer under this
832chapter at the time it acquires the trade or business of an
833employer, the unemployment experience of the acquired business
834shall not be transferred to such person if the Agency for
835Workforce Innovation or the tax collection service provider
836finds that such person acquired the business solely or primarily
837for the purpose of obtaining a lower rate of contributions.
838Instead, such person shall be assigned the new employer rate
839under paragraph (2)(a). In determining whether the business was
840acquired solely or primarily for the purpose of obtaining a
841lower rate of contributions, the tax collection service provider
842shall consider, but not be limited to, the following factors:
843     a.  Whether the person continued the business enterprise of
844the acquired business;
845     b.  How long such business enterprise was continued; or
846     c.  Whether a substantial number of new employees were
847hired for performance of duties unrelated to the business
848activity conducted prior to acquisition.
849     3.  If a person knowingly violates or attempts to violate
850subparagraphs 1. or 2. or any other provision of this chapter
851related to determining the assignment of a contribution rate, or
852if a person knowingly advises another person to violate the law,
853the person shall be subject to the following penalties:
854     a.  If the person is an employer, then such employer shall
855be assigned the highest rate assignable under this chapter for
856the rate year during which such violation or attempted violation
857occurred and the 3 rate years immediately following this rate
858year. However, if the person's business is already at such
859highest rate for any year, or if the amount of increase in the
860person's rate would be less than 2 percent for such year, then a
861penalty rate of contributions of 2 percent of taxable wages
862shall be imposed for such year and the following 3 rate years.
863     b.  If the person is not an employer, such person shall be
864subject to a civil money penalty of not more than $5,000. The
865procedures for the assessment of a penalty shall be in
866accordance with the procedures set forth in s. 443.141(2), and
867the provisions of s. 443.141(3) shall apply to the collection of
868the penalty. Any such penalty shall be deposited in the penalty
869and interest account established under s. 443.211(2).
870     4.  For purposes of subparagraph 3., the term:
871     a.  "Knowingly" means having actual knowledge of or acting
872with deliberate ignorance or reckless disregard for the
873prohibition involved.
874     b.  "Violates or attempts to violate" includes, but is not
875limited to, intent to evade, misrepresentation, or willful
877     5.  In addition to the penalty imposed by subparagraph 3.,
878any person who violates this paragraph commits a felony of the
879third degree, punishable as provided in s. 775.082, s. 775.083,
880or s. 775.084.
881     6.  The Agency for Workforce Innovation and the tax
882collection service provider shall establish procedures to
883identify the transfer or acquisition of a business for purposes
884of this paragraph and shall adopt any rules necessary to
885administer this paragraph.
886     7.  For purposes of this paragraph:
887     a.  "Person" has the meaning given such term by s.
8887701(a)(1) of the Internal Revenue Code of 1986.
889     b.  "Trade or business" shall include the employer's
891     8.  This paragraph shall be interpreted and applied in such
892manner as to meet the minimum requirements contained in any
893guidance or regulations issued by the United States Department
894of Labor.
895     (h)(g)  Additional conditions for variation from the
896standard rate.--An employer's contribution rate may not be
897reduced below the standard rate under this section unless:
898     1.  All contributions, reimbursements, interest, and
899penalties incurred by the employer for wages paid by him or her
900in all previous calendar quarters, except the 4 calendar
901quarters immediately preceding the calendar quarter or calendar
902year for which the benefit ratio is computed, are paid; and
903     2.  The employer entitled to a rate reduction must have at
904least one annual payroll as defined in subparagraph (b)1. unless
905the employer is eligible for additional credit under the Federal
906Unemployment Tax Act. If the Federal Unemployment Tax Act is
907amended or repealed in a manner affecting credit under the
908federal act, this section applies only to the extent that
909additional credit is allowed against the payment of the tax
910imposed by the Federal Unemployment Tax Act.
912The tax collection service provider shall assign an earned
913contribution rate to an employer under subparagraph 1. the
914quarter immediately after the quarter in which all
915contributions, reimbursements, interest, and penalties are paid
916in full.
917     (i)(h)  Notice of determinations of contribution rates;
918redeterminations.--The state agency providing tax collection
920     1.  Shall promptly notify each employer of his or her
921contribution rate as determined for any calendar year under this
922section. The determination is conclusive and binding on the
923employer unless within 20 days after mailing the notice of
924determination to the employer's last known address, or, in the
925absence of mailing, within 20 days after delivery of the notice,
926the employer files an application for review and redetermination
927setting forth the grounds for review. An employer may not, in
928any proceeding involving his or her contribution rate or
929liability for contributions, contest the chargeability to his or
930her employment record of any benefits paid in accordance with a
931determination, redetermination, or decision under s. 443.151,
932except on the ground that the benefits charged were not based on
933services performed in employment for him or her and then only if
934the employer was not a party to the determination,
935redetermination, or decision, or to any other proceeding under
936this chapter, in which the character of those services was
938     2.  Shall, upon discovery of an error in computation,
939reconsider any prior determination or redetermination of a
940contribution rate after the 20-day period has expired and issue
941a revised notice of contribution rate as redetermined. A
942redetermination is subject to review, and is conclusive and
943binding if review is not sought, in the same manner as review of
944a determination under subparagraph 1. A reconsideration may not
945be made after March 31 of the calendar year immediately after
946the calendar year for which the contribution rate is applicable,
947and interest may not accrue on any additional contributions
948found to be due until 30 days after the employer is mailed
949notice of his or her revised contribution rate.
950     3.  May adopt rules providing for periodic notification to
951employers of benefits paid and charged to their employment
952records or of the status of those employment records. A
953notification, unless an application for redetermination is filed
954in the manner and within the time limits prescribed by the
955Agency for Workforce Innovation, is conclusive and binding on
956the employer under this chapter. The redetermination, and the
957Agency for Workforce Innovation's finding of fact in connection
958with the redetermination, may be introduced in any subsequent
959administrative or judicial proceeding involving the
960determination of the contribution rate of an employer for any
961calendar year. A redetermination becomes final in the same
962manner provided in this subsection for findings of fact made by
963the Agency for Workforce Innovation in proceedings to
964redetermine the contribution rate of an employer. Pending a
965redetermination or an administrative or judicial proceeding, the
966employer must file reports and pay contributions in accordance
967with this section.
968     (j)(i)  Employment records of employers entering the armed
970     1.  If the tax collection service provider finds that an
971employer's business is closed solely because of the entrance of
972one or more of the owners, officers, partners, or the majority
973stockholder into the Armed Forces of the United States, or any
974of its allies, or of the United Nations, the employer's
975employment record may not be terminated. If the business is
976resumed within 2 years after the discharge or release from
977active duty in the armed forces of that person or persons, the
978employer's benefit experience is deemed to have been continuous
979throughout that period. The benefit ratio of the employer for
980the calendar year in which he or she resumed business and the 3
981calendar years immediately after resuming business is a
982percentage equal to the total of his or her benefit charges,
983including charges of benefits paid to any individual during the
984period the employer was in the armed forces based on wages paid
985by him or her before the employer's entrance into the armed
986forces for the 3 most recently completed calendar years divided
987by that part of his or her total payroll, for which
988contributions were paid to the tax collection service provider,
989for the 3 most recent calendar years during the whole of which,
990respectively, the employer was in business.
991     2.  A refund made under this paragraph shall be made in
992accordance with s. 443.141(6).
993     (k)(j)  Applicability to contributing employers.--This
994subsection applies only to contributing employers.
995     Section 7.  Paragraph (b) of subsection (4) and paragraph
996(b) of subsection (6) of section 443.151, Florida Statutes, are
997amended to read:
998     443.151  Procedure concerning claims.--
999     (4)  APPEALS.--
1000     (b)  Filing and hearing.--
1001     1.  The claimant or any other party entitled to notice of a
1002determination may appeal an adverse determination to an appeals
1003referee within 20 days after the date of mailing of the notice
1004to her or his last known address or, if the notice is not
1005mailed, within 20 days after the date of delivery of the notice.
1006     2.  Unless the appeal is untimely or withdrawn or review is
1007initiated by the commission, the appeals referee, after mailing
1008all parties and attorneys of record a notice of hearing at least
100910 days before the date of hearing, notwithstanding the 14-day
1010notice requirement in s. 120.569(2)(b), may only affirm, modify,
1011or reverse the determination. An appeal may not be withdrawn
1012without the permission of the appeals referee.
1013     3.  However, when an appeal appears to have been filed
1014after the permissible time limit, the Office of Appeals may
1015issue an order to show cause to the appellant, requiring the
1016appellant to show why the appeal should not be dismissed as
1017untimely. If the appellant does not, within 15 days after the
1018mailing date of the order to show cause, provide written
1019evidence of timely filing or good cause for failure to appeal
1020timely, the appeal shall be dismissed.
1021     4.3.  When an appeal involves a question of whether
1022services were performed by a claimant in employment or for an
1023employer, the referee must give special notice of the question
1024and of the pendency of the appeal to the employing unit and to
1025the Agency for Workforce Innovation, both of which become
1026parties to the proceeding.
1027     5.4.  The parties must be notified promptly of the
1028referee's decision. The referee's decision is final unless
1029further review is initiated under paragraph (c) within 20 days
1030after the date of mailing notice of the decision to the party's
1031last known address or, in lieu of mailing, within 20 days after
1032the delivery of the notice.
1034     (b)  Any person who, by reason other than her or his fraud,
1035receives benefits under this chapter to which, under a
1036redetermination or decision pursuant to this section, she or he
1037is found not entitled, is liable to repay those benefits to the
1038Agency for Workforce Innovation on behalf of the trust fund or,
1039in the agency's discretion, to have those benefits deducted from
1040any future benefits payable to her or him under this chapter.
1041Any recovery or recoupment of benefits must be effected within 3
10422 years after the redetermination or decision.
1043     Section 8.  Paragraph (a) of subsection (1) of section
1044895.02, Florida Statutes, is amended to read:
1045     895.02  Definitions.--As used in ss. 895.01-895.08, the
1047     (1)  "Racketeering activity" means to commit, to attempt to
1048commit, to conspire to commit, or to solicit, coerce, or
1049intimidate another person to commit:
1050     (a)  Any crime which is chargeable by indictment or
1051information under the following provisions of the Florida
1053     1.  Section 210.18, relating to evasion of payment of
1054cigarette taxes.
1055     2.  Section 403.727(3)(b), relating to environmental
1057     3.  Section 409.920 or s. 409.9201, relating to Medicaid
1059     4.  Section 414.39, relating to public assistance fraud.
1060     5.  Section 440.105 or s. 440.106, relating to workers'
1062     6.  Section 443.071(4), relating to creation of a
1063fictitious employer scheme to commit unemployment compensation
1065     7.6.  Section 465.0161, relating to distribution of
1066medicinal drugs without a permit as an Internet pharmacy.
1067     8.7.  Sections 499.0051, 499.0052, 499.00535, 499.00545,
1068and 499.0691, relating to crimes involving contraband and
1069adulterated drugs.
1070     9.8.  Part IV of chapter 501, relating to telemarketing.
1071     10.9.  Chapter 517, relating to sale of securities and
1072investor protection.
1073     11.10.  Section 550.235, s. 550.3551, or s. 550.3605,
1074relating to dogracing and horseracing.
1075     12.11.  Chapter 550, relating to jai alai frontons.
1076     13.12.  Chapter 552, relating to the manufacture,
1077distribution, and use of explosives.
1078     14.13.  Chapter 560, relating to money transmitters, if the
1079violation is punishable as a felony.
1080     15.14.  Chapter 562, relating to beverage law enforcement.
1081     16.15.  Section 624.401, relating to transacting insurance
1082without a certificate of authority, s. 624.437(4)(c)1., relating
1083to operating an unauthorized multiple-employer welfare
1084arrangement, or s. 626.902(1)(b), relating to representing or
1085aiding an unauthorized insurer.
1086     17.16.  Section 655.50, relating to reports of currency
1087transactions, when such violation is punishable as a felony.
1088     18.17.  Chapter 687, relating to interest and usurious
1090     19.18.  Section 721.08, s. 721.09, or s. 721.13, relating
1091to real estate timeshare plans.
1092     20.19.  Chapter 782, relating to homicide.
1093     21.20.  Chapter 784, relating to assault and battery.
1094     22.21.  Chapter 787, relating to kidnapping.
1095     23.22.  Chapter 790, relating to weapons and firearms.
1096     24.23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1097s. 796.05, or s. 796.07, relating to prostitution and sex
1099     25.24.  Chapter 806, relating to arson.
1100     26.25.  Section 810.02(2)(c), relating to specified
1101burglary of a dwelling or structure.
1102     27.26.  Chapter 812, relating to theft, robbery, and
1103related crimes.
1104     28.27.  Chapter 815, relating to computer-related crimes.
1105     29.28.  Chapter 817, relating to fraudulent practices,
1106false pretenses, fraud generally, and credit card crimes.
1107     30.29.  Chapter 825, relating to abuse, neglect, or
1108exploitation of an elderly person or disabled adult.
1109     31.30.  Section 827.071, relating to commercial sexual
1110exploitation of children.
1111     32.31.  Chapter 831, relating to forgery and
1113     33.32.  Chapter 832, relating to issuance of worthless
1114checks and drafts.
1115     34.33.  Section 836.05, relating to extortion.
1116     35.34.  Chapter 837, relating to perjury.
1117     36.35.  Chapter 838, relating to bribery and misuse of
1118public office.
1119     37.36.  Chapter 843, relating to obstruction of justice.
1120     38.37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1121or s. 847.07, relating to obscene literature and profanity.
1122     39.38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1123s. 849.25, relating to gambling.
1124     40.39.  Chapter 874, relating to criminal street gangs.
1125     41.40.  Chapter 893, relating to drug abuse prevention and
1127     42.41.  Chapter 896, relating to offenses related to
1128financial transactions.
1129     43.42.  Sections 914.22 and 914.23, relating to tampering
1130with a witness, victim, or informant, and retaliation against a
1131witness, victim, or informant.
1132     44.43.  Sections 918.12 and 918.13, relating to tampering
1133with jurors and evidence.
1134     Section 9.  For the purpose of incorporating the amendment
1135to section 895.02, Florida Statutes, in a reference thereto,
1136paragraph (a) of subsection (1) of section 16.56, Florida
1137Statutes, is reenacted to read:
1138     16.56  Office of Statewide Prosecution.--
1139     (1)  There is created in the Department of Legal Affairs an
1140Office of Statewide Prosecution. The office shall be a separate
1141"budget entity" as that term is defined in chapter 216. The
1142office may:
1143     (a)  Investigate and prosecute the offenses of:
1144     1.  Bribery, burglary, criminal usury, extortion, gambling,
1145kidnapping, larceny, murder, prostitution, perjury, robbery,
1146carjacking, and home-invasion robbery;
1147     2.  Any crime involving narcotic or other dangerous drugs;
1148     3.  Any violation of the provisions of the Florida RICO
1149(Racketeer Influenced and Corrupt Organization) Act, including
1150any offense listed in the definition of racketeering activity in
1151s. 895.02(1)(a), providing such listed offense is investigated
1152in connection with a violation of s. 895.03 and is charged in a
1153separate count of an information or indictment containing a
1154count charging a violation of s. 895.03, the prosecution of
1155which listed offense may continue independently if the
1156prosecution of the violation of s. 895.03 is terminated for any
1158     4.  Any violation of the provisions of the Florida Anti-
1159Fencing Act;
1160     5.  Any violation of the provisions of the Florida
1161Antitrust Act of 1980, as amended;
1162     6.  Any crime involving, or resulting in, fraud or deceit
1163upon any person;
1164     7.  Any violation of s. 847.0135, relating to computer
1165pornography and child exploitation prevention, or any offense
1166related to a violation of s. 847.0135;
1167     8.  Any violation of the provisions of chapter 815;
1168     9.  Any criminal violation of part I of chapter 499;
1169     10.  Any violation of the provisions of the Florida Motor
1170Fuel Tax Relief Act of 2004; or
1171     11.  Any criminal violation of s. 409.920 or s. 409.9201;
1173or any attempt, solicitation, or conspiracy to commit any of the
1174crimes specifically enumerated above. The office shall have such
1175power only when any such offense is occurring, or has occurred,
1176in two or more judicial circuits as part of a related
1177transaction, or when any such offense is connected with an
1178organized criminal conspiracy affecting two or more judicial
1180     Section 10.  For the purpose of incorporating the amendment
1181to section 895.02, Florida Statutes, in a reference thereto,
1182paragraph (g) of subsection (3) of section 655.50, Florida
1183Statutes, is reenacted to read:
1184     655.50  Florida Control of Money Laundering in Financial
1185Institutions Act; reports of transactions involving currency or
1186monetary instruments; when required; purpose; definitions;
1188     (3)  As used in this section, the term:
1189     (g)  "Specified unlawful activity" means any "racketeering
1190activity" as defined in s. 895.02.
1191     Section 11.  For the purpose of incorporating the amendment
1192to section 895.02, Florida Statutes, in a reference thereto,
1193paragraph (g) of subsection (2) of section 896.101, Florida
1194Statutes, is reenacted to read:
1195     896.101  Florida Money Laundering Act; definitions;
1196penalties; injunctions; seizure warrants; immunity.--
1197     (2)  As used in this section, the term:
1198     (g)  "Specified unlawful activity" means any "racketeering
1199activity" as defined in s. 895.02.
1200     Section 12.  For the purpose of incorporating the amendment
1201to section 895.02, Florida Statutes, in a reference thereto,
1202subsection (3) of section 905.34, Florida Statutes, is reenacted
1203to read:
1204     905.34  Powers and duties; law applicable.--The
1205jurisdiction of a statewide grand jury impaneled under this
1206chapter shall extend throughout the state. The subject matter
1207jurisdiction of the statewide grand jury shall be limited to the
1208offenses of:
1209     (3)  Any violation of the provisions of the Florida RICO
1210(Racketeer Influenced and Corrupt Organization) Act, including
1211any offense listed in the definition of racketeering activity in
1212s. 895.02(1)(a), providing such listed offense is investigated
1213in connection with a violation of s. 895.03 and is charged in a
1214separate count of an information or indictment containing a
1215count charging a violation of s. 895.03, the prosecution of
1216which listed offense may continue independently if the
1217prosecution of the violation of s. 895.03 is terminated for any
1220or any attempt, solicitation, or conspiracy to commit any
1221violation of the crimes specifically enumerated above, when any
1222such offense is occurring, or has occurred, in two or more
1223judicial circuits as part of a related transaction or when any
1224such offense is connected with an organized criminal conspiracy
1225affecting two or more judicial circuits. The statewide grand
1226jury may return indictments and presentments irrespective of the
1227county or judicial circuit where the offense is committed or
1228triable. If an indictment is returned, it shall be certified and
1229transferred for trial to the county where the offense was
1230committed. The powers and duties of, and law applicable to,
1231county grand juries shall apply to a statewide grand jury except
1232when such powers, duties, and law are inconsistent with the
1233provisions of ss. 905.31-905.40.
1234     Section 13.  This act shall take effect July 1, 2005.

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