Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1568
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2018           .                                
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       The Committee on Banking and Insurance (Farmer) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (4) of section
    6  440.09, Florida Statutes, is amended to read:
    7         440.09 Coverage.—
    8         (4)(a) An employee is shall not be entitled to compensation
    9  or benefits under this chapter if any judge of compensation
   10  claims, administrative law judge, court, or jury convened in
   11  this state determines that the employee has knowingly or
   12  intentionally engaged in any of the acts described in s. 440.105
   13  or any criminal act for the purpose of securing workers’
   14  compensation benefits. However, in the context of a
   15  communication with an employer, an insurance company and its
   16  agents, a self-insured program and its agents, a medical
   17  provider, or the Division of Administrative Hearings, any
   18  written or oral statement containing incomplete or inaccurate
   19  information or documentation of an employee’s citizenship,
   20  residency, or other employment status may not constitute a basis
   21  for denying compensation or benefits under this chapter. For
   22  purposes of this section, the term “intentional” includes shall
   23  include, but is not limited to, pleas of guilty or nolo
   24  contendere in criminal matters. This section applies shall apply
   25  to accidents, regardless of the date of the accident. For
   26  injuries occurring prior to January 1, 1994, this section shall
   27  pertain to the acts of the employee described in s. 440.105 or
   28  criminal activities occurring subsequent to January 1, 1994.
   29         Section 2. Paragraph (b) of subsection (4) of section
   30  440.105, Florida Statutes, is amended to read:
   31         440.105 Prohibited activities; reports; penalties;
   32  limitations.—
   33         (4) Whoever violates any provision of this subsection
   34  commits insurance fraud, punishable as provided in paragraph
   35  (f).
   36         (b) It shall be unlawful for any person:
   37         1. To knowingly make, or cause to be made, any false,
   38  fraudulent, or misleading oral or written statement for the
   39  purpose of obtaining or denying any benefit or payment under
   40  this chapter.
   41         2. To present or cause to be presented any written or oral
   42  statement as part of, or in support of, a claim for payment or
   43  other benefit pursuant to any provision of this chapter, knowing
   44  that such statement contains any false, incomplete, or
   45  misleading information concerning any fact or thing material to
   46  such claim.
   47         3. To prepare or cause to be prepared any written or oral
   48  statement that is intended to be presented to any employer,
   49  insurance company, or self-insured program in connection with,
   50  or in support of, any claim for payment or other benefit
   51  pursuant to any provision of this chapter, knowing that such
   52  statement contains any false, incomplete, or misleading
   53  information concerning any fact or thing material to such claim.
   54         4. To knowingly assist, conspire with, or urge any person
   55  to engage in activity prohibited by this section.
   56         5. To knowingly make any false, fraudulent, or misleading
   57  oral or written statement, or to knowingly omit or conceal
   58  material information, required by s. 440.185 or s. 440.381, for
   59  the purpose of obtaining workers’ compensation coverage or for
   60  the purpose of avoiding, delaying, or diminishing the amount of
   61  payment of any workers’ compensation premiums.
   62         6. To knowingly misrepresent or conceal payroll,
   63  classification of workers, or information regarding an
   64  employer’s loss history which would be material to the
   65  computation and application of an experience rating modification
   66  factor for the purpose of avoiding or diminishing the amount of
   67  payment of any workers’ compensation premiums.
   68         7. To knowingly present or cause to be presented any false,
   69  fraudulent, or misleading oral or written statement to any
   70  person as evidence of compliance with s. 440.38, as evidence of
   71  eligibility for a certificate of exemption under s. 440.05.
   72         8. To knowingly violate a stop-work order issued by the
   73  department pursuant to s. 440.107.
   74         9. To knowingly present or cause to be presented any false,
   75  fraudulent, or misleading oral or written statement to any
   76  person as evidence of identity for the purpose of obtaining
   77  employment or filing or supporting a claim for workers’
   78  compensation benefits.
   79         Section 3. This act shall take effect October 1, 2018.
   80  
   81  ================= T I T L E  A M E N D M E N T ================
   82  And the title is amended as follows:
   83         Delete everything before the enacting clause
   84  and insert:
   85                        A bill to be entitled                      
   86         An act relating to prohibited activities under the
   87         Workers’ Compensation Law; amending s. 440.09, F.S.;
   88         specifying that certain statements containing
   89         incomplete or inaccurate information and relating to
   90         an employee’s citizenship, residency, or other
   91         employment status may not constitute a basis for
   92         denying workers’ compensation benefits; amending s.
   93         440.105, F.S.; deleting a prohibition against
   94         knowingly presenting, or causing to be presented,
   95         certain statements as evidence of identity for certain
   96         purposes; providing an effective date.