Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1318
       
       
       
       
       
       
                                Ì444468KÎ444468                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/25/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Commerce and Tourism (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 24
    4  and insert:
    5  to defraud or deceive such person. For purposes of this
    6  paragraph:
    7         1. Intent to defraud or deceive is presumed if:
    8         a. The employer or party absconded without paying for the
    9  service or expressly refused to pay for the service in
   10  circumstances in which payment is ordinarily made immediately
   11  upon rendering of the service; or
   12         b. The employer or party failed to make payment under a
   13  service agreement within 10 days after receiving notice
   14  demanding payment. Notice shall be in writing, sent by
   15  registered or certified mail with return receipt requested or by
   16  telegram with report of delivery requested, and addressed to the
   17  employer or party at his or her known address or the address
   18  shown on the service agreement. If written notice meets such
   19  requirements, it is presumed that the notice was received no
   20  later than 5 days after it was sent.
   21         2. If payment is made periodically, the intent to abscond
   22  without paying for a service may be formed at any time during or
   23  before a pay period. The partial payment of wages, alone, is not
   24  sufficient evidence to negate the employer’s or party’s intent
   25  to abscond without paying for a service.
   26  
   27  ================= T I T L E  A M E N D M E N T ================
   28  And the title is amended as follows:
   29         Between lines 5 and 6
   30  insert:
   31         providing a presumption of intent to defraud, deceive,
   32         or abscond;