Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 2330
Barcode 201420
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Crist) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 4, line 22, through
16 page 9, line 3, delete those lines
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18 and insert:
19 Section 2. Subsections (2), (3), and (4) of section
20 440.105, Florida Statutes, are amended to read:
21 440.105 Prohibited activities; reports; penalties;
22 limitations.--
23 (2) Whoever violates any provision of this subsection
24 commits a misdemeanor of the first degree, punishable as
25 provided in s. 775.082 or s. 775.083.
26 (a) It shall be unlawful for any employer to
27 knowingly:
28 1. Coerce or attempt to coerce, as a precondition to
29 employment or otherwise, an employee to obtain a certificate
30 of election of exemption pursuant to s. 440.05.
31 2. Discharge or refuse to hire an employee or job
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 applicant because the employee or applicant has filed a claim
2 for benefits under this chapter.
3 3. Discharge, discipline, or take any other adverse
4 personnel action against any employee for disclosing
5 information to the department or any law enforcement agency
6 relating to any violation or suspected violation of any of the
7 provisions of this chapter or rules promulgated hereunder.
8 4. Violate a stop-work order issued by the department
9 pursuant to s. 440.107.
10 (b) It shall be unlawful for any insurance entity to
11 revoke or cancel a workers' compensation insurance policy or
12 membership because an employer has returned an employee to
13 work or hired an employee who has filed a workers'
14 compensation claim.
15 (3) Whoever violates any provision of this subsection
16 commits a misdemeanor of the first degree, punishable as
17 provided in s. 775.082 or s. 775.083.
18 (a) It shall be unlawful for any employer to knowingly
19 fail to update applications for coverage as required by s.
20 440.381(1) and department rules within 7 days after the
21 reporting date for any change in the required information, or
22 to post notice of coverage pursuant to s. 440.40.
23 (b) It shall be unlawful for any employer to knowingly
24 participate in the creation of the employment relationship in
25 which the employee has used any false, fraudulent, or
26 misleading oral or written statement as evidence of identity.
27 (b)(c) It is unlawful for any attorney or other
28 person, in his or her individual capacity or in his or her
29 capacity as a public or private employee, or for any firm,
30 corporation, partnership, or association to receive any fee or
31 other consideration or any gratuity from a person on account
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 of services rendered for a person in connection with any
2 proceedings arising under this chapter, unless such fee,
3 consideration, or gratuity is approved by a judge of
4 compensation claims or by the Deputy Chief Judge of
5 Compensation Claims.
6 (4) Unless otherwise specifically provided, whoever
7 violates any provision of this subsection commits insurance
8 fraud, punishable as provided in paragraph (f).
9 (a) It shall be unlawful for any employer to
10 knowingly:
11 1. Present or cause to be presented any false,
12 fraudulent, or misleading oral or written statement to any
13 person as evidence of compliance with s. 440.38.
14 2. Make a deduction from the pay of any employee
15 entitled to the benefits of this chapter for the purpose of
16 requiring the employee to pay any portion of premium paid by
17 the employer to a carrier or to contribute to a benefit fund
18 or department maintained by such employer for the purpose of
19 providing compensation or medical services and supplies as
20 required by this chapter.
21 3. Fail to secure workers' payment of compensation if
22 required to do so by this chapter.
23 a. However, if an employer knowingly fails to secure
24 workers' compensation coverage for an employee when required
25 by this chapter and such employee subsequently suffers a
26 work-related injury requiring medical treatment, the employer
27 commits a felony of the second degree, punishable as provided
28 in s. 775.082, s. 775.083, or s. 775.084.
29 b. However, if an employer knowingly fails to secure
30 workers' compensation coverage for an employee when required
31 by this chapter and such employee subsequently suffers a
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 2330
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1 work-related death, the employer commits a felony of the first
2 degree, punishable as provided in s. 775.082, s. 775.083, or
3 s. 775.084.
4 (b) It is shall be unlawful for any person:
5 1. To knowingly make, or cause to be made, any false,
6 fraudulent, or misleading oral or written statement for the
7 purpose of obtaining or denying any benefit or payment under
8 this chapter.
9 2. To present or cause to be presented any written or
10 oral statement as part of, or in support of, a claim for
11 payment or other benefit pursuant to any provision of this
12 chapter, knowing that such statement contains any false,
13 incomplete, or misleading information concerning any fact or
14 thing material to such claim.
15 3. To prepare or cause to be prepared any written or
16 oral statement that is intended to be presented to any
17 employer, insurance company, or self-insured program in
18 connection with, or in support of, any claim for payment or
19 other benefit pursuant to any provision of this chapter,
20 knowing that such statement contains any false, incomplete, or
21 misleading information concerning any fact or thing material
22 to such claim.
23 4. To knowingly assist, conspire with, or urge any
24 person to engage in activity prohibited by this section.
25 5. To knowingly make any false, fraudulent, or
26 misleading oral or written statement, or to knowingly omit or
27 conceal material information, required by s. 440.185 or s.
28 440.381, for the purpose of obtaining workers' compensation
29 coverage or for the purpose of avoiding, delaying, or
30 diminishing the amount of payment of any workers' compensation
31 premiums.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 2330
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1 6. To knowingly misrepresent or conceal payroll,
2 classification of workers, or information regarding an
3 employer's loss history which would be material to the
4 computation and application of an experience rating
5 modification factor for the purpose of avoiding or diminishing
6 the amount of payment of any workers' compensation premiums.
7 7. To knowingly present or cause to be presented any
8 false, fraudulent, or misleading oral or written statement to
9 any person as evidence of compliance with s. 440.38, as
10 evidence of eligibility for a certificate of exemption under
11 s. 440.05.
12 8. To knowingly violate a stop-work order issued by
13 the department pursuant to s. 440.107.
14 9. To knowingly present or cause to be presented any
15 false, fraudulent, or misleading oral or written statement to
16 any person as evidence of identity for the purpose of
17 obtaining employment or filing or supporting a claim for
18 workers' compensation benefits.
19 (c) It shall be unlawful for any physician licensed
20 under chapter 458, osteopathic physician licensed under
21 chapter 459, chiropractic physician licensed under chapter
22 460, podiatric physician licensed under chapter 461,
23 optometric physician licensed under chapter 463, or any other
24 practitioner licensed under the laws of this state to
25 knowingly and willfully assist, conspire with, or urge any
26 person to fraudulently violate any of the provisions of this
27 chapter.
28 (d) It shall be unlawful for any person or
29 governmental entity licensed under chapter 395 to maintain or
30 operate a hospital in such a manner so that such person or
31 governmental entity knowingly and willfully allows the use of
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 the facilities of such hospital by any person, in a scheme or
2 conspiracy to fraudulently violate any of the provisions of
3 this chapter.
4 (e) It shall be unlawful for any attorney or other
5 person, in his or her individual capacity or in his or her
6 capacity as a public or private employee, or any firm,
7 corporation, partnership, or association, to knowingly assist,
8 conspire with, or urge any person to fraudulently violate any
9 of the provisions of this chapter.
10 (f) If the monetary value of any violation of this
11 subsection:
12 1. Is less than $20,000, the offender commits a felony
13 of the third degree, punishable as provided in s. 775.082, s.
14 775.083, or s. 775.084.
15 2. Is $20,000 or more, but less than $100,000, the
16 offender commits a felony of the second degree, punishable as
17 provided in s. 775.082, s. 775.083, or s. 775.084.
18 3. Is $100,000 or more, the offender commits a felony
19 of the first degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 Section 3. Section 448.09, Florida Statutes, is
22 amended to read:
23 448.09 Unauthorized aliens; employment prohibited.--
24 (1) It is shall be unlawful for any person knowingly
25 to employ, hire, recruit, or refer, either for herself or
26 himself or on behalf of another, for private or public
27 employment within the state, an alien who is not duly
28 authorized to work by the immigration laws or the Attorney
29 General of the United States.
30 (2) It is unlawful to knowingly present or cause to be
31 presented any false, fraudulent, or misleading oral or written
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 2330
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1 statements to any person as evidence of identity for the
2 purpose of obtaining employment. The first violation of
3 subsection (1) shall be a noncriminal violation as defined in
4 s. 775.08(3) and, upon conviction, shall be punishable as
5 provided in s. 775.082(5) by a civil fine of not more than
6 $500, regardless of the number of aliens with respect to whom
7 the violation occurred.
8 (3) Any person who violates has been previously
9 convicted for a violation of subsection (1) or subsection (2)
10 is and who thereafter violates subsection (1), shall be guilty
11 of a misdemeanor of the first second degree, punishable as
12 provided in s. 775.082 or s. 775.083. Any such subsequent
13 violation of this section shall constitute a separate offense
14 with respect to each unauthorized alien.
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16 (Redesignate subsequent sections.)
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19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 1, line 17, following the semicolon
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23 insert:
24 deleting provisions relating to a prohibition
25 against employers participating in creation of
26 employment relationships based on false,
27 fraudulent, or misleading information; deleting
28 provisions relating to presentation of false,
29 fraudulent, or misleading information to obtain
30 employment; amending s. 448.09, F.S.;
31 prohibiting presentation of certain false,
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 2330
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1 fraudulent, or misleading information for the
2 purpose of obtaining employment; providing
3 penalties; revising penalties for unauthorized
4 employment of aliens;
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