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 compensation fraud;
9amending s. 443.091, F.S.; clarifying benefit eligibility;
10amending s. 443.1216, F.S.; clarifying the persons that
11employee leasing companies may lease to a client;
12clarifying the exemption of certain service from the
13definition of employment; amending s. 443.1217, F.S.;
14clarifying exempt wages for the purpose of determining
15employer contributions; amending s. 443.131, F.S.;
16revising the definition of "total excess payments";
17prohibiting the transfer of unemployment experience by
18acquisition of a business in certain cases; providing for
19calculation of unemployment experience rating; providing
20penalties; amending s. 443.151, F.S.; providing for
21dismissal of untimely filed appeals; extending a deadline
22for recoupment of benefits; amending s. 895.02, F.S.;
23revising the definition of "racketeering activity";
24reenacting ss. 16.56(1)(a), 655.50(3)(g), 896.101(2)(g),
25and 905.34(3), F.S., relating to the Office of Statewide
26Prosecution, the Florida Control of Money Laundering in
27Financial Institutions Act, the Florida Money Laundering
28Act, and the powers and duties of a statewide grand jury,
29respectively, to incorporate the amendment to s. 895.02,
30F.S., in references thereto; providing an effective date.
32Be It Enacted by the Legislature of the State of Florida:
34     Section 1.  Paragraph (b) of subsection (10) of section
35120.80, Florida Statutes, is amended to read:
36     120.80  Exceptions and special requirements; agencies.--
38     (b)  Notwithstanding s. 120.54(5), the uniform rules of
39procedure do not apply to appeal proceedings conducted under
40chapter 443 by the Unemployment Appeals Commission, special
41deputies, or unemployment appeals referees.
42     Section 2.  Subsection (4) of section 443.071, Florida
43Statutes, is renumbered as subsection (5) and amended, and new
44subsections (4), (6), (7), and (8) are added to said section, to
46     443.071  Penalties.--
47     (4)  Any person who establishes a fictitious employing unit
48by submitting to the Agency for Workforce Innovation or its tax
49collection service provider fraudulent employing unit records or
50tax or wage reports by the introduction of fraudulent records
51into a computer system, the intentional or deliberate alteration
52or destruction of computerized information or files, or the
53theft of financial instruments, data, and other assets, for the
54purpose of enabling herself or himself or any other person to
55receive benefits under this chapter to which such person is not
56entitled, commits a felony of the third degree, punishable as
57provided in s. 775.082, s. 775.083, or s. 775.084.
58     (5)(4)  In any prosecution or action under this section,
59the entry into evidence of the signature of a person on a
60document, letter, or other writing constitutes prima facie
61evidence of the person's identity if the following conditions
63     (a)  The document includes the person's name, residence
64address, and social security number person gives her or his
65name, residence address, home telephone number, present or
66former place of employment, gender, date of birth, social
67security number, height, weight, and race.
68     (b)  The signature of the person is witnessed by an agent
69or employee of the Agency for Workforce Innovation or its tax
70collection service provider at the time the document, letter, or
71other writing is filed.
72     (6)  The entry into evidence of an application for
73unemployment benefits initiated by the use of the internet
74claims program or the interactive voice response system
75telephone claims program of the Agency for Workforce Innovation
76constitutes prima facie evidence of the establishment of a
77personal benefit account by or for an individual if the
78following information is provided: the applicant's name,
79residence address, date of birth, social security number, and
80present or former place of work.
81     (7)  The entry into evidence of a transaction history
82generated by a personal identification number establishing that
83a certification or claim for one or more weeks of benefits was
84made against the benefit account of the individual, together
85with documentation that payment was paid by a state warrant made
86to the order of the person or by direct deposit via electronic
87means, constitutes prima facie evidence that the person claimed
88and received unemployment benefits from the state.
89     (8)  All records relating to investigations of unemployment
90compensation fraud in the custody of the Agency for Workforce
91Innovation or its tax collection service provider are available
92for examination by the Department of Law Enforcement, the states
93attorneys, or the Office of the Statewide Prosecutor in the
94prosecution of offenses under s. 817.568 or in proceedings
95brought under this chapter.
96     Section 3.  Paragraph (c) of subsection (1) of section
97443.091, Florida Statutes, is amended to read:
98     443.091  Benefit eligibility conditions.--
99     (1)  An unemployed individual is eligible to receive
100benefits for any week only if the Agency for Workforce
101Innovation finds that:
102     (c)1.  She or he is able to work and is available for work.
103In order to assess eligibility for a claimed week of
104unemployment, the Agency for Workforce Innovation shall develop
105criteria to determine a claimant's ability to work and
106availability for work.
107     2.  Notwithstanding any other provision of this paragraph
108or paragraphs (b) and (d) section, an otherwise eligible
109individual may not be denied benefits for any week because she
110or he is in training with the approval of the Agency for
111Workforce Innovation, and such an individual may not be denied
112benefits for any week in which she or he is in training with the
113approval of the Agency for Workforce Innovation by reason of
114subparagraph 1. relating to availability for work, or s.
115443.101(2) relating to failure to apply for, or refusal to
116accept, suitable work. Training may be approved by the Agency
117for Workforce Innovation in accordance with criteria prescribed
118by rule. A claimant's eligibility during approved training is
119contingent upon satisfying eligibility conditions prescribed by
121     3.  Notwithstanding any other provision of this chapter, an
122individual who is in training approved under s. 236(a)(1) of the
123Trade Act of 1974, as amended, may not be determined to be
124ineligible or disqualified for benefits with respect to her or
125his enrollment in such training or because of leaving work that
126is not suitable employment to enter such training. As used in
127this subparagraph, the term "suitable employment" means, for a
128worker, work of a substantially equal or higher skill level than
129the worker's past adversely affected employment, as defined for
130purposes of the Trade Act of 1974, as amended, the wages for
131which are at least 80 percent of the worker's average weekly
132wage as determined for purposes of the Trade Act of 1974, as
134     4.  Notwithstanding any other provision of this section, an
135otherwise eligible individual may not be denied benefits for any
136week by reason of subparagraph 1. because she or he is before
137any court of the United States or any state under a lawfully
138issued summons to appear for jury duty.
139     Section 4.  Subsections (1) and (13) of section 443.1216,
140Florida Statutes, are amended to read:
141     443.1216  Employment.--Employment, as defined in s.
142443.036, is subject to this chapter under the following
144     (1)(a)  The employment subject to this chapter includes a
145service performed, including a service performed in interstate
146commerce, by:
147     1.  An officer of a corporation.
148     2.  An individual who, under the usual common-law rules
149applicable in determining the employer-employee relationship, is
150an employee. However, whenever a client, as defined in s.
151443.036(18), which would otherwise be designated as an employing
152unit has contracted with an employee leasing company to supply
153it with workers, those workers are considered employees of the
154employee leasing company. An employee leasing company may lease
155corporate officers of the client to the client and to other
156workers to the client, except as prohibited by regulations of
157the Internal Revenue Service. Employees of an employee leasing
158company must be reported under the employee leasing company's
159tax identification number and contribution rate for work
160performed for the employee leasing company.
161     3.  An individual other than an individual who is an
162employee under subparagraph 1. or subparagraph 2., who performs
163services for remuneration for any person:
164     a.  As an agent-driver or commission-driver engaged in
165distributing meat products, vegetable products, fruit products,
166bakery products, beverages other than milk, or laundry or
167drycleaning services for his or her principal.
168     b.  As a traveling or city salesperson engaged on a full-
169time basis in the solicitation on behalf of, and the
170transmission to, his or her principal of orders from
171wholesalers, retailers, contractors, or operators of hotels,
172restaurants, or other similar establishments for merchandise for
173resale or supplies for use in their business operations. This
174sub-subparagraph does not apply to an agent-driver or a
175commission-driver and does not apply to sideline sales
176activities performed on behalf of a person other than the
177salesperson's principal.
178     4.  The services described in subparagraph 3. are
179employment subject to this chapter only if:
180     a.  The contract of service contemplates that substantially
181all of the services are to be performed personally by the
183     b.  The individual does not have a substantial investment
184in facilities used in connection with the services, other than
185facilities used for transportation; and
186     c.  The services are not in the nature of a single
187transaction that is not part of a continuing relationship with
188the person for whom the services are performed.
189     (b)  Notwithstanding any other provision of this section,
190service for which a tax is required to be paid under any federal
191law imposing a tax against which credit may be taken for
192contributions required to be paid into a state unemployment fund
193or which as a condition for full tax credit against the tax
194imposed by the Federal Unemployment Tax Act is required to be
195covered under this chapter.
196     (c)  If the services performed during at least one-half of
197a pay period by an employee for the person employing him or her
198constitute employment, all of the services performed by the
199employee during the period are deemed to be employment. If the
200services performed during more than one-half of the pay period
201by an employee for the person employing him or her do not
202constitute employment, all of the services performed by the
203employee during the period are not deemed to be employment. This
204paragraph does not apply to services performed in a pay period
205by an employee for the person employing him or her if any of
206those services are exempted under paragraph (13)(g).
207     (d)  If two or more related corporations concurrently
208employ the same individual and compensate the individual through
209a common paymaster, each related corporation is considered to
210have paid wages to the individual only in the amounts actually
211disbursed by that corporation to the individual and is not
212considered to have paid the wages actually disbursed to the
213individual by another of the related corporations.
214     1.  As used in this paragraph, the term "common paymaster"
215means a member of a group of related corporations that disburses
216wages to concurrent employees on behalf of the related
217corporations and that is responsible for keeping payroll records
218for those concurrent employees. A common paymaster is not
219required to disburse wages to all the employees of the related
220corporations; however, this subparagraph does not apply to wages
221of concurrent employees which are not disbursed through a common
222paymaster. A common paymaster must pay concurrently employed
223individuals under this subparagraph by one combined paycheck.
224     2.  As used in this paragraph, the term "concurrent
225employment" means the existence of simultaneous employment
226relationships between an individual and related corporations.
227Those relationships require the performance of services by the
228employee for the benefit of the related corporations, including
229the common paymaster, in exchange for wages that, if deductible
230for the purposes of federal income tax, are deductible by the
231related corporations.
232     3.  Corporations are considered related corporations for an
233entire calendar quarter if they satisfy any one of the following
234tests at any time during the calendar quarter:
235     a.  The corporations are members of a "controlled group of
236corporations" as defined in s. 1563 of the Internal Revenue Code
237of 1986 or would be members if paragraph 1563(a)(4) and
238subsection 1563(b) did not apply.
239     b.  In the case of a corporation that does not issue stock,
240at least 50 percent of the members of the board of directors or
241other governing body of one corporation are members of the board
242of directors or other governing body of the other corporation or
243the holders of at least 50 percent of the voting power to select
244those members are concurrently the holders of at least 50
245percent of the voting power to select those members of the other
247     c.  At least 50 percent of the officers of one corporation
248are concurrently officers of the other corporation.
249     d.  At least 30 percent of the employees of one corporation
250are concurrently employees of the other corporation.
251     4.  The common paymaster must report to the tax collection
252service provider, as part of the unemployment compensation
253quarterly tax and wage report, the state unemployment
254compensation account number and name of each related corporation
255for which concurrent employees are being reported. Failure to
256timely report this information shall result in the related
257corporations being denied common paymaster status for that
258calendar quarter.
259     5.  The common paymaster also has the primary
260responsibility for remitting contributions due under this
261chapter for the wages it disburses as the common paymaster. The
262common paymaster must compute these contributions as though it
263were the sole employer of the concurrently employed individuals.
264If a common paymaster fails to timely remit these contributions
265or reports, in whole or in part, the common paymaster remains
266liable for the full amount of the unpaid portion of these
267contributions. In addition, each of the other related
268corporations using the common paymaster is jointly and severally
269liable for its appropriate share of these contributions. Each
270related corporation's share equals the greater of:
271     a.  The liability of the common paymaster under this
272chapter, after taking into account any contributions made.
273     b.  The liability under this chapter which, notwithstanding
274this section, would have existed for the wages from the other
275related corporations, reduced by an allocable portion of any
276contributions previously paid by the common paymaster for those
278     (13)  The following are employment is exempt from coverage
279under this chapter:
280     (a)  Domestic service in a private home, local college
281club, or local chapter of a college fraternity or sorority,
282except as provided in subsection (6).
283     (b)  Service performed on or in connection with a vessel or
284aircraft that is not an American vessel or American aircraft, if
285the employee is employed on and in connection with the vessel or
286aircraft while the vessel or aircraft is outside the United
288     (c)  Service performed by an individual engaged in, or as
289an officer or member of the crew of a vessel engaged in, the
290catching, taking, harvesting, cultivating, or farming of any
291kind of fish, shellfish, crustacea, sponges, seaweeds, or other
292aquatic forms of animal and vegetable life, including service
293performed by an individual as an ordinary incident to engaging
294in those activities, except:
295     1.  Service performed in connection with the catching or
296taking of salmon or halibut for commercial purposes.
297     2.  Service performed on, or in connection with, a vessel
298of more than 10 net tons, determined in the manner provided for
299determining the registered tonnage of merchant vessels under the
300laws of the United States.
301     (d)  Service performed by an individual in the employ of
302his or her son, daughter, or spouse, including step
303relationships, and service performed by a child, or stepchild,
304under the age of 21 in the employ of his or her father, mother,
305stepfather, or stepmother.
306     (e)  Service performed in the employ of the Federal
307Government or of an instrumentality of the Federal Government
308which is:
309     1.  Wholly or partially owned by the United States.
310     2.  Exempt from the tax imposed by s. 3301 of the Internal
311Revenue Code under a federal law that specifically cites s.
3123301, or the corresponding section of prior law, in granting the
313exemption. However, to the extent that the United States
314Congress permits the state to require an instrumentality of the
315Federal Government to make payments into the Unemployment
316Compensation Trust Fund under this chapter, this chapter applies
317to that instrumentality, and to services performed for that
318instrumentality, in the same manner, to the same extent, and on
319the same terms as other employers, employing units, individuals,
320and services. If this state is not certified for any year by the
321Secretary of Labor under s. 3304 of the federal Internal Revenue
322Code, the tax collection service provider shall refund the
323payments required of each instrumentality of the Federal
324Government for that year from the fund in the same manner and
325within the same period as provided in s. 443.141(6) for
326contributions erroneously collected.
327     (f)  Service performed in the employ of a public employer
328as defined in s. 443.036, except as provided in subsection (2),
329and service performed in the employ of an instrumentality of a
330public employer as described in s. 443.036(35)(b) or (c), to the
331extent that the instrumentality is immune under the United
332States Constitution from the tax imposed by s. 3301 of the
333Internal Revenue Code for that service.
334     (g)  Service performed in the employ of a corporation,
335community chest, fund, or foundation that is organized and
336operated exclusively for religious, charitable, scientific,
337testing for public safety, literary, or educational purposes or
338for the prevention of cruelty to children or animals. This
339exemption does not apply to an employer if part of the
340employer's net earnings inures to the benefit of any private
341shareholder or individual or if a substantial part of the
342employer's activities involve carrying on propaganda, otherwise
343attempting to influence legislation, or participating or
344intervening in, including the publishing or distributing of
345statements, a political campaign on behalf of a candidate for
346public office, except as provided in subsection (3).
347     (h)  Service for which unemployment compensation is payable
348under an unemployment compensation system established by the
349United States Congress, of which this chapter is not a part.
350     (i)1.  Service performed during a calendar quarter in the
351employ of an organization exempt from the federal income tax
352under s. 501(a) of the Internal Revenue Code, other than an
353organization described in s. 401(a), or under s. 521, if the
354remuneration for the service is less than $50.
355     2.  Service performed in the employ of a school, college,
356or university, if the service is performed by a student who is
357enrolled and is regularly attending classes at the school,
358college, or university.
359     (j)  Service performed in the employ of a foreign
360government, including service as a consular or other officer or
361employee of a nondiplomatic representative.
362     (k)  Service performed in the employ of an instrumentality
363wholly owned by a foreign government if:
364     1.  The service is of a character similar to that performed
365in foreign countries by employees of the Federal Government or
366of an instrumentality of the Federal Government; and
367     2.  The United States Secretary of State certifies to the
368United States Secretary of the Treasury that the foreign
369government for whose instrumentality the exemption is claimed
370grants an equivalent exemption for similar service performed in
371the foreign country by employees of the Federal Government and
372of instrumentalities of the Federal Government.
373     (l)  Service performed as a student nurse in the employ of
374a hospital or a nurses' training school by an individual who is
375enrolled and is regularly attending classes in a nurses'
376training school chartered or approved under state law, service
377performed as an intern in the employ of a hospital by an
378individual who has completed a 4-year course in a medical school
379chartered or approved under state law, and service performed by
380a patient of a hospital for the hospital.
381     (m)  Service performed by an individual for a person as an
382insurance agent or as an insurance solicitor, if all of the
383service performed by the individual for that person is performed
384for remuneration solely by way of commission, except for
385services performed in accordance with 26 U.S.C. s. 3306(c)(7)
386and (8). For purposes of this section, those benefits excluded
387from the wages subject to this chapter under s. 443.1217(2)(b)-
388(f), inclusive, are not considered remuneration.
389     (n)  Service performed by an individual for a person as a
390real estate salesperson or agent, if all of the service
391performed by the individual for that person is performed for
392remuneration solely by way of commission.
393     (o)  Service performed by an individual under the age of 18
394in the delivery or distribution of newspapers or shopping news,
395excluding delivery or distribution to any point for subsequent
396delivery or distribution.
397     (p)  Service covered by an arrangement between the Agency
398for Workforce Innovation, or its tax collection service
399provider, and the agency charged with the administration of
400another state or federal unemployment compensation law under
401which all services performed by an individual for an employing
402unit during the period covered by the employing unit's duly
403approved election is deemed to be performed entirely within the
404other agency's state or under the federal law.
405     (q)  Service performed by an individual enrolled at a
406nonprofit or public educational institution that normally
407maintains a regular faculty and curriculum and normally has a
408regularly organized body of students in attendance at the place
409where its educational activities are carried on, if the
410institution certifies to the employer that the individual is a
411student in a full-time program, taken for credit at the
412institution that combines academic instruction with work
413experience, and that the service is an integral part of the
414program. This paragraph does not apply to service performed in a
415program established for or on behalf of an employer or group of
417     (r)  Service performed by an individual for a person as a
418barber, if all of the service performed by the individual for
419that person is performed for remuneration solely by way of
421     (s)  Casual labor not in the course of the employer's trade
422or business.
423     (t)  Service performed by a speech therapist, occupational
424therapist, or physical therapist who is nonsalaried and working
425under a written contract with a home health agency as defined in
426s. 400.462.
427     (u)  Service performed by a direct seller. As used in this
428paragraph, the term "direct seller" means a person:
429     1.a.  Who is engaged in the trade or business of selling or
430soliciting the sale of consumer products to buyers on a buy-sell
431basis, on a deposit-commission basis, or on a similar basis, for
432resale in the home or in another place that is not a permanent
433retail establishment; or
434     b.  Who is engaged in the trade or business of selling or
435soliciting the sale of consumer products in the home or in
436another place that is not a permanent retail establishment;
437     2.  Substantially all of whose remuneration for services
438described in subparagraph 1., regardless of whether paid in
439cash, is directly related to sales or other output, rather than
440to the number of hours worked; and
441     3.  Who performs the services under a written contract with
442the person for whom the services are performed, if the contract
443provides that the person will not be treated as an employee for
444those services for federal tax purposes.
445     (v)  Service performed by a nonresident alien for the
446period he or she is temporarily present in the United States as
447a nonimmigrant under subparagraph (F) or subparagraph (J) of s.
448101(a)(15) of the Immigration and Nationality Act, and which is
449performed to carry out the purpose specified in subparagraph (F)
450or subparagraph (J), as applicable.
451     (w)  Service performed by an individual for remuneration
452for a private, for-profit delivery or messenger service, if the
454     1.  Is free to accept or reject jobs from the delivery or
455messenger service and the delivery or messenger service does not
456have control over when the individual works;
457     2.  Is remunerated for each delivery, or the remuneration
458is based on factors that relate to the work performed, including
459receipt of a percentage of any rate schedule;
460     3.  Pays all expenses, and the opportunity for profit or
461loss rests solely with the individual;
462     4.  Is responsible for operating costs, including fuel,
463repairs, supplies, and motor vehicle insurance;
464     5.  Determines the method of performing the service,
465including selection of routes and order of deliveries;
466     6.  Is responsible for the completion of a specific job and
467is liable for any failure to complete that job;
468     7.  Enters into a contract with the delivery or messenger
469service which specifies that the individual is an independent
470contractor and not an employee of the delivery or messenger
471service; and
472     8.  Provides the vehicle used to perform the service.
473     (x)  Service performed in agricultural labor by an
474individual who is an alien admitted to the United States to
475perform service in agricultural labor under ss. 101(a)(15)(H)
476and 214(c) of the Immigration and Nationality Act.
477     (y)  Service performed by a person who is an inmate of a
478penal institution.
479     Section 5.  Subsection (2) of section 443.1217, Florida
480Statutes, is amended to read:
481     443.1217  Wages.--
482     (2)  For the purpose of determining an employer's
483contributions, the following wages are exempt from this chapter:
484     (a)  That part of remuneration paid to an individual by an
485employer for employment during a calendar year in excess of the
486first $7,000 of remuneration paid to the individual by the
487employer or his or her predecessor during that calendar year,
488unless that part of the remuneration is subject to a tax, under
489a federal law imposing the tax, against which credit may be
490taken for contributions required to be paid into a state
491unemployment fund. As used in this section only, the term
492"employment" includes services constituting employment under any
493employment security law of another state or of the Federal
495     (b)  Payment by an employing unit with respect to services
496performed for, or on behalf of, an individual employed by the
497employing unit under a plan or system established by the
498employing unit which provides for payment to its employees
499generally or to a class of its employees, including any amount
500paid by the employing unit for insurance or annuities or paid
501into a fund on account of:
502     1.  Sickness or accident disability. When payment is made
503to an employee or any of his or her dependents, this
504subparagraph exempts from the wages subject to this chapter only
505those payments received under a workers' compensation law.
506     2.  Medical and hospitalization expenses in connection with
507sickness or accident disability.
508     3.  Death, if the employee:
509     a.  Does not have the option to receive, in lieu of the
510death benefit, part of the payment or, if the death benefit is
511insured, part of the premiums or contributions to premiums paid
512by his or her employing unit; and
513     b.  Does not have the right under the plan, system, or
514policy providing the death benefit to assign the benefit or to
515receive cash consideration in lieu of the benefit upon his or
516her withdrawal from the plan or system; upon termination of the
517plan, system, or policy; or upon termination of his or her
518services with the employing unit.
519     (c)  Payment on account of sickness or accident disability,
520or payment of medical or hospitalization expenses in connection
521with sickness or accident disability, by an employing unit to,
522or on behalf of, an individual performing services for the
523employing unit more than 6 calendar months after the last
524calendar month the individual performed services for the
525employing unit.
526     (d)  Payment by an employing unit, without deduction from
527the remuneration of an individual employed by the employing
528unit, of the tax imposed upon the individual under s. 3101 of
529the federal Internal Revenue Code for services performed.
530     (e)  The value of:
531     1.  Meals furnished to an employee or the employee's spouse
532or dependents by the employer on the business premises of the
533employer for the convenience of the employer; or
534     2.  Lodging furnished to an employee or the employee's
535spouse or dependents by the employer on the business premises of
536the employer for the convenience of the employer when lodging is
537included as a condition of employment.
538     (f)  Payment made by an employing unit to, or on behalf of,
539an individual performing services for the employing unit or a
540beneficiary of the individual:
541     1.  From or to a trust described in s. 401(a) of the
542Internal Revenue Code of 1954 which is exempt from tax under s.
543501(a) at the time of payment, unless payment is made to an
544employee of the trust as remuneration for services rendered as
545an employee of the trust and not as a beneficiary of the trust;
546     2.  Under or to an annuity plan that, at the time of
547payment, is a plan described in s. 403(a) of the Internal
548Revenue Code of 1954;
549     3.  Under a simplified employee pension if, at the time of
550payment, it is reasonable to believe that the employee is
551entitled to a deduction under s. 219(b)(2) of the Internal
552Revenue Code of 1954 for the payment;
553     4.  Under or to an annuity contract described in s. 403(b)
554of the Internal Revenue Code of 1954, other than a payment for
555the purchase of an annuity contract as part of a salary
556reduction agreement, regardless of whether the agreement is
557evidenced by a written instrument or otherwise;
558     5.  Under or to an exempt governmental deferred
559compensation plan described in s. 3121(v)(3) of the Internal
560Revenue Code of 1954;
561     6.  To supplement pension benefits under a plan or trust
562described in subparagraphs 1.-5. to account for some portion or
563all of the increase in the cost of living, as determined by the
564United States Secretary of Labor, since retirement, but only if
565the supplemental payments are under a plan that is treated as a
566welfare plan under s. 3(2)(B)(ii) of the Employee Retirement
567Income Security Act of 1974; or
568     7.  Under a cafeteria plan, as defined in s. 125 of the
569Internal Revenue Code of 1986, as amended, if the payment would
570not be treated as wages without regard to such plan and it is
571reasonable to believe that, if s. 125 of the Internal Revenue
572Code of 1986, as amended, applied for purposes of this section,
573s. 125 of the Internal Revenue Code of 1986, as amended, would
574not treat any wages as constructively received.
575     (g)  Payment made, or benefit provided, by an employing
576unit to or for the benefit of an individual performing services
577for the employing unit or a beneficiary of the individual if, at
578the time of such payment or provision of the benefit, it is
579reasonable to believe that the individual may exclude the
580payment or benefit from income under s. 127 of the Internal
581Revenue Code of 1986, as amended.
582     Section 6.  Paragraphs (e) through (j) of subsection (3) of
583section 443.131, Florida Statutes, are amended to read:
584     443.131  Contributions.--
587     (e)  Assignment of variations from the standard rate.--
588     1.  The tax collection service provider shall assign a
589variation from the standard rate of contributions for each
590calendar year to each eligible employer. In determining the
591contribution rate, varying from the standard rate to be assigned
592each employer, adjustment factors computed under sub-
593subparagraphs a.-c. shall be added to the benefit ratio. This
594addition shall be accomplished in two steps by adding a variable
595adjustment factor and a final adjustment factor. The sum of
596these adjustment factors computed under sub-subparagraphs a.-c.
597shall first be algebraically summed. The sum of these adjustment
598factors shall next be divided by a gross benefit ratio
599determined as follows: Total benefit payments for the 3-year
600period described in subparagraph (b)2. shall be charged to
601employers eligible for a variation from the standard rate, minus
602excess payments for the same period, divided by taxable payroll
603entering into the computation of individual benefit ratios for
604the calendar year for which the contribution rate is being
605computed. The ratio of the sum of the adjustment factors
606computed under sub-subparagraphs a.-c. to the gross benefit
607ratio shall be multiplied by each individual benefit ratio that
608is less than the maximum contribution rate to obtain variable
609adjustment factors; except that in any instance in which the sum
610of an employer's individual benefit ratio and variable
611adjustment factor exceeds the maximum contribution rate, the
612variable adjustment factor shall be reduced in order that the
613sum equals the maximum contribution rate. The variable
614adjustment factor for each of these employers is multiplied by
615his or her taxable payroll entering into the computation of his
616or her benefit ratio. The sum of these products shall be divided
617by the taxable payroll of the employers who entered into the
618computation of their benefit ratios. The resulting ratio shall
619be subtracted from the sum of the adjustment factors computed
620under sub-subparagraphs a.-c. to obtain the final adjustment
621factor. The variable adjustment factors and the final adjustment
622factor shall be computed to five decimal places and rounded to
623the fourth decimal place. This final adjustment factor shall be
624added to the variable adjustment factor and benefit ratio of
625each employer to obtain each employer's contribution rate. An
626employer's contribution rate may not, however, be rounded to
627less than 0.1 percent.
628     a.  An adjustment factor for noncharge benefits shall be
629computed to the fifth decimal place and rounded to the fourth
630decimal place by dividing the amount of noncharge benefits
631during the 3-year period described in subparagraph (b)2. by the
632taxable payroll of employers eligible for a variation from the
633standard rate who have a benefit ratio for the current year
634which is less than the maximum contribution rate. For purposes
635of computing this adjustment factor, the taxable payroll of
636these employers is the taxable payrolls for the 3 years ending
637June 30 of the current calendar year as reported to the tax
638collection service provider by September 30 of the same calendar
639year. As used in this sub-subparagraph, the term "noncharge
640benefits" means benefits paid to an individual from the
641Unemployment Compensation Trust Fund, but which were not charged
642to the employment record of any employer.
643     b.  An adjustment factor for excess payments shall be
644computed to the fifth decimal place, and rounded to the fourth
645decimal place by dividing the total excess payments during the
6463-year period described in subparagraph (b)2. by the taxable
647payroll of employers eligible for a variation from the standard
648rate who have a benefit ratio for the current year which is less
649than the maximum contribution rate. For purposes of computing
650this adjustment factor, the taxable payroll of these employers
651is the same figure used to compute the adjustment factor for
652noncharge benefits under sub-subparagraph a. As used in this
653sub-subparagraph, the term "excess payments" means the amount of
654benefits charged to the employment record of an employer during
655the 3-year period described in subparagraph (b)2., less the
656product of the maximum contribution rate and the employer's
657taxable payroll for the 3 years ending June 30 of the current
658calendar year as reported to the tax collection service provider
659by September 30 of the same calendar year. As used in this sub-
660subparagraph, the term "total excess payments" means the sum of
661the individual employer excess payments for those employers that
662were eligible to be considered for assignment of a contribution
663rate different from a variation from the standard rate.
664     c.  If the balance of the Unemployment Compensation Trust
665Fund on June 30 of the calendar year immediately preceding the
666calendar year for which the contribution rate is being computed
667is less than 3.7 percent of the taxable payrolls for the year
668ending June 30 as reported to the tax collection service
669provider by September 30 of that calendar year, a positive
670adjustment factor shall be computed. The positive adjustment
671factor shall be computed annually to the fifth decimal place and
672rounded to the fourth decimal place by dividing the sum of the
673total taxable payrolls for the year ending June 30 of the
674current calendar year as reported to the tax collection service
675provider by September 30 of that calendar year into a sum equal
676to one-fourth of the difference between the balance of the fund
677as of June 30 of that calendar year and the sum of 4.7 percent
678of the total taxable payrolls for that year. The positive
679adjustment factor remains in effect for subsequent years until
680the balance of the Unemployment Compensation Trust Fund as of
681June 30 of the year immediately preceding the effective date of
682the contribution rate equals or exceeds 3.7 percent of the
683taxable payrolls for the year ending June 30 of the current
684calendar year as reported to the tax collection service provider
685by September 30 of that calendar year. If the balance of the
686Unemployment Compensation Trust Fund as of June 30 of the year
687immediately preceding the calendar year for which the
688contribution rate is being computed exceeds 4.7 percent of the
689taxable payrolls for the year ending June 30 of the current
690calendar year as reported to the tax collection service provider
691by September 30 of that calendar year, a negative adjustment
692factor shall be computed. The negative adjustment factor shall
693be computed annually to the fifth decimal place and rounded to
694the fourth decimal place by dividing the sum of the total
695taxable payrolls for the year ending June 30 of the current
696calendar year as reported to the tax collection service provider
697by September 30 of the calendar year into a sum equal to one-
698fourth of the difference between the balance of the fund as of
699June 30 of the current calendar year and 4.7 percent of the
700total taxable payrolls of that year. The negative adjustment
701factor remains in effect for subsequent years until the balance
702of the Unemployment Compensation Trust Fund as of June 30 of the
703year immediately preceding the effective date of the
704contribution rate is less than 4.7 percent, but more than 3.7
705percent of the taxable payrolls for the year ending June 30 of
706the current calendar year as reported to the tax collection
707service provider by September 30 of that calendar year.
708     d.  The maximum contribution rate that may be assigned to
709an employer is 5.4 percent, except employers participating in an
710approved short-time compensation plan may be assigned a maximum
711contribution rate that is 1 percent greater than the maximum
712contribution rate for other employers in any calendar year in
713which short-time compensation benefits are charged to the
714employer's employment record.
715     2.  If the transfer of an employer's employment record to
716an employing unit under paragraph (f) which, before the
717transfer, was an employer, the tax collection service provider
718shall recompute a benefit ratio for the successor employer based
719on the combined employment records and reassign an appropriate
720contribution rate to the successor employer effective on the
721first day of the calendar quarter immediately after the
722effective date of the transfer.
723     (f)  Transfer of employment records.--
724     1.  For the purposes of this subsection, two or more
725employers who are parties to a transfer of business or the
726subject of a merger, consolidation, or other form of
727reorganization, effecting a change in legal identity or form,
728are deemed a single employer and are considered to be one
729employer with a continuous employment record if the tax
730collection service provider finds that the successor employer
731continues to carry on the employing enterprises of all of the
732predecessor employers and that the successor employer has paid
733all contributions required of and due from all of the
734predecessor employers and has assumed liability for all
735contributions that may become due from all of the predecessor
736employers. In addition, an employer may not be considered a
737successor under this subparagraph if the employer purchases a
738company with a lower rate into which employees with job
739functions unrelated to the business endeavors of the predecessor
740are transferred for the purpose of acquiring the low rate and
741avoiding payment of contributions. As used in this paragraph,
742notwithstanding s. 443.036(14), the term "contributions" means
743all indebtedness to the tax collection service provider,
744including, but not limited to, interest, penalty, collection
745fee, and service fee. A successor employer must accept the
746transfer of all of the predecessor employers' employment records
747within 30 days after the date of the official notification of
748liability by succession. If a predecessor employer has unpaid
749contributions or outstanding quarterly reports, the successor
750employer must pay the total amount with certified funds within
75130 days after the date of the notice listing the total amount
752due. After the total indebtedness is paid, the tax collection
753service provider shall transfer the employment records of all of
754the predecessor employers to the successor employer's employment
755record. The tax collection service provider shall determine the
756contribution rate of the combined successor and predecessor
757employers upon the transfer of the employment records, as
758prescribed by rule, in order to calculate any change in the
759contribution rate resulting from the transfer of the employment
761     2.  Regardless of whether a predecessor employer's
762employment record is transferred to a successor employer under
763this paragraph, the tax collection service provider shall treat
764the predecessor employer, if he or she subsequently employs
765individuals, as an employer without a previous employment record
766or, if his or her coverage is terminated under s. 443.121, as a
767new employing unit.
768     3.  The state agency providing unemployment tax collection
769services may adopt rules governing the partial transfer of
770experience rating when an employer transfers an identifiable and
771segregable portion of his or her payrolls and business to a
772successor employing unit. As a condition of each partial
773transfer, these rules must require the following to be filed
774with the tax collection service provider: an application by the
775successor employing unit, an agreement by the predecessor
776employer, and the evidence required by the tax collection
777service provider to show the benefit experience and payrolls
778attributable to the transferred portion through the date of the
779transfer. These rules must provide that the successor employing
780unit, if not an employer subject to this chapter, becomes an
781employer as of the date of the transfer and that the transferred
782portion of the predecessor employer's employment record is
783removed from the employment record of the predecessor employer.
784For each calendar year after the date of the transfer of the
785employment record in the records of the tax collection service
786provider, the service provider shall compute the contribution
787rate payable by the successor employer or employing unit based
788on his or her employment record, combined with the transferred
789portion of the predecessor employer's employment record. These
790rules may also prescribe what contribution rates are payable by
791the predecessor and successor employers for the period between
792the date of the transfer of the transferred portion of the
793predecessor employer's employment record in the records of the
794tax collection service provider and the first day of the next
795calendar year.
796     4.  This paragraph does not apply to an employee leasing
797company and client contractual agreement as defined in s.
798443.036. The tax collection service provider shall, if the
799contractual agreement is terminated or the employee leasing
800company fails to submit reports or pay contributions as required
801by the service provider, treat the client as a new employer
802without previous employment record unless the client is
803otherwise eligible for a variation from the standard rate.
804     (g)  Transfer of unemployment experience upon transfer or
805acquisition of a business.--Notwithstanding any other provision
806of law, the following shall apply regarding assignment of rates
807and transfers of experience:
808     1.a.  If an employer transfers its trade or business, or a
809portion thereof, to another employer and, at the time of the
810transfer, there is any common ownership, management, or control
811of the two employers, then the unemployment experience
812attributable to the transferred trade or business shall be
813transferred to the employer to whom such business is so
814transferred. The rates of both employers shall be recalculated
815and made effective as of the beginning of the calendar quarter
816immediately following the date of the transfer of trade or
817business unless the transfer occurred on the first day of a
818calendar quarter in which case the rate shall be recalculated as
819of that date.
820     b.  If, following a transfer of experience under sub-
821subparagraph a., the Agency for Workforce Innovation or the tax
822collection service provider determines that a substantial
823purpose of the transfer of trade or business was to obtain a
824reduced liability for contributions, then the experience rating
825account of the employers involved shall be combined into a
826single account and a single rate assigned to such account.
827     2.  Whenever a person who is not an employer under this
828chapter at the time it acquires the trade or business of an
829employer, the unemployment experience of the acquired business
830shall not be transferred to such person if the Agency for
831Workforce Innovation or the tax collection service provider
832finds that such person acquired the business solely or primarily
833for the purpose of obtaining a lower rate of contributions.
834Instead, such person shall be assigned the new employer rate
835under paragraph (2)(a). In determining whether the business was
836acquired solely or primarily for the purpose of obtaining a
837lower rate of contributions, the tax collection service provider
838shall consider, but not be limited to, the following factors:
839     a.  Whether the person continued the business enterprise of
840the acquired business;
841     b.  How long such business enterprise was continued; or
842     c.  Whether a substantial number of new employees were
843hired for performance of duties unrelated to the business
844activity conducted prior to acquisition.
845     3.  If a person knowingly violates or attempts to violate
846subparagraphs 1. or 2. or any other provision of this chapter
847related to determining the assignment of a contribution rate, or
848if a person knowingly advises another person to violate the law,
849the person shall be subject to the following penalties:
850     a.  If the person is an employer, then such employer shall
851be assigned the highest rate assignable under this chapter for
852the rate year during which such violation or attempted violation
853occurred and the 3 rate years immediately following this rate
854year. However, if the person's business is already at such
855highest rate for any year, or if the amount of increase in the
856person's rate would be less than 2 percent for such year, then a
857penalty rate of contributions of 2 percent of taxable wages
858shall be imposed for such year and the following 3 rate years.
859     b.  If the person is not an employer, such person shall be
860subject to a civil money penalty of not more than $5,000. The
861procedures for the assessment of a penalty shall be in
862accordance with the procedures set forth in s. 443.141(2), and
863the provisions of s. 443.141(3) shall apply to the collection of
864the penalty. Any such penalty shall be deposited in the penalty
865and interest account established under s. 443.211(2).
866     4.  For purposes of subparagraph 3., the term:
867     a.  "Knowingly" means having actual knowledge of or acting
868with deliberate ignorance or reckless disregard for the
869prohibition involved.
870     b.  "Violates or attempts to violate" includes, but is not
871limited to, intent to evade, misrepresentation, or willful
873     5.  In addition to the penalty imposed by subparagraph 3.,
874any person who violates this paragraph commits a felony of the
875third degree, punishable as provided in s. 775.082, s. 775.083,
876or s. 775.084.
877     6.  The Agency for Workforce Innovation and the tax
878collection service provider shall establish procedures to
879identify the transfer or acquisition of a business for purposes
880of this paragraph and shall adopt any rules necessary to
881administer this paragraph.
882     7.  For purposes of this paragraph:
883     a.  "Person" has the meaning given such term by s.
8847701(a)(1) of the Internal Revenue Code of 1986.
885     b.  "Trade or business" shall include the employer's
887     8.  This paragraph shall be interpreted and applied in such
888manner as to meet the minimum requirements contained in any
889guidance or regulations issued by the United States Department
890of Labor.
891     (h)(g)  Additional conditions for variation from the
892standard rate.--An employer's contribution rate may not be
893reduced below the standard rate under this section unless:
894     1.  All contributions, reimbursements, interest, and
895penalties incurred by the employer for wages paid by him or her
896in all previous calendar quarters, except the 4 calendar
897quarters immediately preceding the calendar quarter or calendar
898year for which the benefit ratio is computed, are paid; and
899     2.  The employer entitled to a rate reduction must have at
900least one annual payroll as defined in subparagraph (b)1. unless
901the employer is eligible for additional credit under the Federal
902Unemployment Tax Act. If the Federal Unemployment Tax Act is
903amended or repealed in a manner affecting credit under the
904federal act, this section applies only to the extent that
905additional credit is allowed against the payment of the tax
906imposed by the Federal Unemployment Tax Act.
908The tax collection service provider shall assign an earned
909contribution rate to an employer under subparagraph 1. the
910quarter immediately after the quarter in which all
911contributions, reimbursements, interest, and penalties are paid
912in full.
913     (i)(h)  Notice of determinations of contribution rates;
914redeterminations.--The state agency providing tax collection
916     1.  Shall promptly notify each employer of his or her
917contribution rate as determined for any calendar year under this
918section. The determination is conclusive and binding on the
919employer unless within 20 days after mailing the notice of
920determination to the employer's last known address, or, in the
921absence of mailing, within 20 days after delivery of the notice,
922the employer files an application for review and redetermination
923setting forth the grounds for review. An employer may not, in
924any proceeding involving his or her contribution rate or
925liability for contributions, contest the chargeability to his or
926her employment record of any benefits paid in accordance with a
927determination, redetermination, or decision under s. 443.151,
928except on the ground that the benefits charged were not based on
929services performed in employment for him or her and then only if
930the employer was not a party to the determination,
931redetermination, or decision, or to any other proceeding under
932this chapter, in which the character of those services was
934     2.  Shall, upon discovery of an error in computation,
935reconsider any prior determination or redetermination of a
936contribution rate after the 20-day period has expired and issue
937a revised notice of contribution rate as redetermined. A
938redetermination is subject to review, and is conclusive and
939binding if review is not sought, in the same manner as review of
940a determination under subparagraph 1. A reconsideration may not
941be made after March 31 of the calendar year immediately after
942the calendar year for which the contribution rate is applicable,
943and interest may not accrue on any additional contributions
944found to be due until 30 days after the employer is mailed
945notice of his or her revised contribution rate.
946     3.  May adopt rules providing for periodic notification to
947employers of benefits paid and charged to their employment
948records or of the status of those employment records. A
949notification, unless an application for redetermination is filed
950in the manner and within the time limits prescribed by the
951Agency for Workforce Innovation, is conclusive and binding on
952the employer under this chapter. The redetermination, and the
953Agency for Workforce Innovation's finding of fact in connection
954with the redetermination, may be introduced in any subsequent
955administrative or judicial proceeding involving the
956determination of the contribution rate of an employer for any
957calendar year. A redetermination becomes final in the same
958manner provided in this subsection for findings of fact made by
959the Agency for Workforce Innovation in proceedings to
960redetermine the contribution rate of an employer. Pending a
961redetermination or an administrative or judicial proceeding, the
962employer must file reports and pay contributions in accordance
963with this section.
964     (j)(i)  Employment records of employers entering the armed
966     1.  If the tax collection service provider finds that an
967employer's business is closed solely because of the entrance of
968one or more of the owners, officers, partners, or the majority
969stockholder into the Armed Forces of the United States, or any
970of its allies, or of the United Nations, the employer's
971employment record may not be terminated. If the business is
972resumed within 2 years after the discharge or release from
973active duty in the armed forces of that person or persons, the
974employer's benefit experience is deemed to have been continuous
975throughout that period. The benefit ratio of the employer for
976the calendar year in which he or she resumed business and the 3
977calendar years immediately after resuming business is a
978percentage equal to the total of his or her benefit charges,
979including charges of benefits paid to any individual during the
980period the employer was in the armed forces based on wages paid
981by him or her before the employer's entrance into the armed
982forces for the 3 most recently completed calendar years divided
983by that part of his or her total payroll, for which
984contributions were paid to the tax collection service provider,
985for the 3 most recent calendar years during the whole of which,
986respectively, the employer was in business.
987     2.  A refund made under this paragraph shall be made in
988accordance with s. 443.141(6).
989     (k)(j)  Applicability to contributing employers.--This
990subsection applies only to contributing employers.
991     Section 7.  Paragraph (b) of subsection (4) and paragraph
992(b) of subsection (6) of section 443.151, Florida Statutes, are
993amended to read:
994     443.151  Procedure concerning claims.--
995     (4)  APPEALS.--
996     (b)  Filing and hearing.--
997     1.  The claimant or any other party entitled to notice of a
998determination may appeal an adverse determination to an appeals
999referee within 20 days after the date of mailing of the notice
1000to her or his last known address or, if the notice is not
1001mailed, within 20 days after the date of delivery of the notice.
1002     2.  Unless the appeal is untimely or withdrawn or review is
1003initiated by the commission, the appeals referee, after mailing
1004all parties and attorneys of record a notice of hearing at least
100510 days before the date of hearing, notwithstanding the 14-day
1006notice requirement in s. 120.569(2)(b), may only affirm, modify,
1007or reverse the determination. An appeal may not be withdrawn
1008without the permission of the appeals referee.
1009     3.  However, when an appeal appears to have been filed
1010after the permissible time limit, the Office of Appeals may
1011issue an order to show cause to the appellant, requiring the
1012appellant to show why the appeal should not be dismissed as
1013untimely. If the appellant does not, within 15 days after the
1014mailing date of the order to show cause, provide written
1015evidence of timely filing or good cause for failure to appeal
1016timely, the appeal shall be dismissed.
1017     4.3.  When an appeal involves a question of whether
1018services were performed by a claimant in employment or for an
1019employer, the referee must give special notice of the question
1020and of the pendency of the appeal to the employing unit and to
1021the Agency for Workforce Innovation, both of which become
1022parties to the proceeding.
1023     5.4.  The parties must be notified promptly of the
1024referee's decision. The referee's decision is final unless
1025further review is initiated under paragraph (c) within 20 days
1026after the date of mailing notice of the decision to the party's
1027last known address or, in lieu of mailing, within 20 days after
1028the delivery of the notice.
1030     (b)  Any person who, by reason other than her or his fraud,
1031receives benefits under this chapter to which, under a
1032redetermination or decision pursuant to this section, she or he
1033is found not entitled, is liable to repay those benefits to the
1034Agency for Workforce Innovation on behalf of the trust fund or,
1035in the agency's discretion, to have those benefits deducted from
1036any future benefits payable to her or him under this chapter.
1037Any recovery or recoupment of benefits must be effected within 3
10382 years after the redetermination or decision.
1039     Section 8.  Paragraph (a) of subsection (1) of section
1040895.02, Florida Statutes, is amended to read:
1041     895.02  Definitions.--As used in ss. 895.01-895.08, the
1043     (1)  "Racketeering activity" means to commit, to attempt to
1044commit, to conspire to commit, or to solicit, coerce, or
1045intimidate another person to commit:
1046     (a)  Any crime which is chargeable by indictment or
1047information under the following provisions of the Florida
1049     1.  Section 210.18, relating to evasion of payment of
1050cigarette taxes.
1051     2.  Section 403.727(3)(b), relating to environmental
1053     3.  Section 409.920 or s. 409.9201, relating to Medicaid
1055     4.  Section 414.39, relating to public assistance fraud.
1056     5.  Section 440.105 or s. 440.106, relating to workers'
1058     6.  Section 443.071(4), relating to creation of a
1059fictitious employer scheme to commit unemployment compensation
1061     7.6.  Section 465.0161, relating to distribution of
1062medicinal drugs without a permit as an Internet pharmacy.
1063     8.7.  Sections 499.0051, 499.0052, 499.00535, 499.00545,
1064and 499.0691, relating to crimes involving contraband and
1065adulterated drugs.
1066     9.8.  Part IV of chapter 501, relating to telemarketing.
1067     10.9.  Chapter 517, relating to sale of securities and
1068investor protection.
1069     11.10.  Section 550.235, s. 550.3551, or s. 550.3605,
1070relating to dogracing and horseracing.
1071     12.11.  Chapter 550, relating to jai alai frontons.
1072     13.12.  Chapter 552, relating to the manufacture,
1073distribution, and use of explosives.
1074     14.13.  Chapter 560, relating to money transmitters, if the
1075violation is punishable as a felony.
1076     15.14.  Chapter 562, relating to beverage law enforcement.
1077     16.15.  Section 624.401, relating to transacting insurance
1078without a certificate of authority, s. 624.437(4)(c)1., relating
1079to operating an unauthorized multiple-employer welfare
1080arrangement, or s. 626.902(1)(b), relating to representing or
1081aiding an unauthorized insurer.
1082     17.16.  Section 655.50, relating to reports of currency
1083transactions, when such violation is punishable as a felony.
1084     18.17.  Chapter 687, relating to interest and usurious
1086     19.18.  Section 721.08, s. 721.09, or s. 721.13, relating
1087to real estate timeshare plans.
1088     20.19.  Chapter 782, relating to homicide.
1089     21.20.  Chapter 784, relating to assault and battery.
1090     22.21.  Chapter 787, relating to kidnapping.
1091     23.22.  Chapter 790, relating to weapons and firearms.
1092     24.23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1093s. 796.05, or s. 796.07, relating to prostitution and sex
1095     25.24.  Chapter 806, relating to arson.
1096     26.25.  Section 810.02(2)(c), relating to specified
1097burglary of a dwelling or structure.
1098     27.26.  Chapter 812, relating to theft, robbery, and
1099related crimes.
1100     28.27.  Chapter 815, relating to computer-related crimes.
1101     29.28.  Chapter 817, relating to fraudulent practices,
1102false pretenses, fraud generally, and credit card crimes.
1103     30.29.  Chapter 825, relating to abuse, neglect, or
1104exploitation of an elderly person or disabled adult.
1105     31.30.  Section 827.071, relating to commercial sexual
1106exploitation of children.
1107     32.31.  Chapter 831, relating to forgery and
1109     33.32.  Chapter 832, relating to issuance of worthless
1110checks and drafts.
1111     34.33.  Section 836.05, relating to extortion.
1112     35.34.  Chapter 837, relating to perjury.
1113     36.35.  Chapter 838, relating to bribery and misuse of
1114public office.
1115     37.36.  Chapter 843, relating to obstruction of justice.
1116     38.37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1117or s. 847.07, relating to obscene literature and profanity.
1118     39.38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1119s. 849.25, relating to gambling.
1120     40.39.  Chapter 874, relating to criminal street gangs.
1121     41.40.  Chapter 893, relating to drug abuse prevention and
1123     42.41.  Chapter 896, relating to offenses related to
1124financial transactions.
1125     43.42.  Sections 914.22 and 914.23, relating to tampering
1126with a witness, victim, or informant, and retaliation against a
1127witness, victim, or informant.
1128     44.43.  Sections 918.12 and 918.13, relating to tampering
1129with jurors and evidence.
1130     Section 9.  For the purpose of incorporating the amendment
1131to section 895.02, Florida Statutes, in a reference thereto,
1132paragraph (a) of subsection (1) of section 16.56, Florida
1133Statutes, is reenacted to read:
1134     16.56  Office of Statewide Prosecution.--
1135     (1)  There is created in the Department of Legal Affairs an
1136Office of Statewide Prosecution. The office shall be a separate
1137"budget entity" as that term is defined in chapter 216. The
1138office may:
1139     (a)  Investigate and prosecute the offenses of:
1140     1.  Bribery, burglary, criminal usury, extortion, gambling,
1141kidnapping, larceny, murder, prostitution, perjury, robbery,
1142carjacking, and home-invasion robbery;
1143     2.  Any crime involving narcotic or other dangerous drugs;
1144     3.  Any violation of the provisions of the Florida RICO
1145(Racketeer Influenced and Corrupt Organization) Act, including
1146any offense listed in the definition of racketeering activity in
1147s. 895.02(1)(a), providing such listed offense is investigated
1148in connection with a violation of s. 895.03 and is charged in a
1149separate count of an information or indictment containing a
1150count charging a violation of s. 895.03, the prosecution of
1151which listed offense may continue independently if the
1152prosecution of the violation of s. 895.03 is terminated for any
1154     4.  Any violation of the provisions of the Florida Anti-
1155Fencing Act;
1156     5.  Any violation of the provisions of the Florida
1157Antitrust Act of 1980, as amended;
1158     6.  Any crime involving, or resulting in, fraud or deceit
1159upon any person;
1160     7.  Any violation of s. 847.0135, relating to computer
1161pornography and child exploitation prevention, or any offense
1162related to a violation of s. 847.0135;
1163     8.  Any violation of the provisions of chapter 815;
1164     9.  Any criminal violation of part I of chapter 499;
1165     10.  Any violation of the provisions of the Florida Motor
1166Fuel Tax Relief Act of 2004; or
1167     11.  Any criminal violation of s. 409.920 or s. 409.9201;
1169or any attempt, solicitation, or conspiracy to commit any of the
1170crimes specifically enumerated above. The office shall have such
1171power only when any such offense is occurring, or has occurred,
1172in two or more judicial circuits as part of a related
1173transaction, or when any such offense is connected with an
1174organized criminal conspiracy affecting two or more judicial
1176     Section 10.  For the purpose of incorporating the amendment
1177to section 895.02, Florida Statutes, in a reference thereto,
1178paragraph (g) of subsection (3) of section 655.50, Florida
1179Statutes, is reenacted to read:
1180     655.50  Florida Control of Money Laundering in Financial
1181Institutions Act; reports of transactions involving currency or
1182monetary instruments; when required; purpose; definitions;
1184     (3)  As used in this section, the term:
1185     (g)  "Specified unlawful activity" means any "racketeering
1186activity" as defined in s. 895.02.
1187     Section 11.  For the purpose of incorporating the amendment
1188to section 895.02, Florida Statutes, in a reference thereto,
1189paragraph (g) of subsection (2) of section 896.101, Florida
1190Statutes, is reenacted to read:
1191     896.101  Florida Money Laundering Act; definitions;
1192penalties; injunctions; seizure warrants; immunity.--
1193     (2)  As used in this section, the term:
1194     (g)  "Specified unlawful activity" means any "racketeering
1195activity" as defined in s. 895.02.
1196     Section 12.  For the purpose of incorporating the amendment
1197to section 895.02, Florida Statutes, in a reference thereto,
1198subsection (3) of section 905.34, Florida Statutes, is reenacted
1199to read:
1200     905.34  Powers and duties; law applicable.--The
1201jurisdiction of a statewide grand jury impaneled under this
1202chapter shall extend throughout the state. The subject matter
1203jurisdiction of the statewide grand jury shall be limited to the
1204offenses of:
1205     (3)  Any violation of the provisions of the Florida RICO
1206(Racketeer Influenced and Corrupt Organization) Act, including
1207any offense listed in the definition of racketeering activity in
1208s. 895.02(1)(a), providing such listed offense is investigated
1209in connection with a violation of s. 895.03 and is charged in a
1210separate count of an information or indictment containing a
1211count charging a violation of s. 895.03, the prosecution of
1212which listed offense may continue independently if the
1213prosecution of the violation of s. 895.03 is terminated for any
1216or any attempt, solicitation, or conspiracy to commit any
1217violation of the crimes specifically enumerated above, when any
1218such offense is occurring, or has occurred, in two or more
1219judicial circuits as part of a related transaction or when any
1220such offense is connected with an organized criminal conspiracy
1221affecting two or more judicial circuits. The statewide grand
1222jury may return indictments and presentments irrespective of the
1223county or judicial circuit where the offense is committed or
1224triable. If an indictment is returned, it shall be certified and
1225transferred for trial to the county where the offense was
1226committed. The powers and duties of, and law applicable to,
1227county grand juries shall apply to a statewide grand jury except
1228when such powers, duties, and law are inconsistent with the
1229provisions of ss. 905.31-905.40.
1230     Section 13.  This act shall take effect July 1, 2005.

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