Florida Senate - 2012                                    SB 1094
       
       
       
       By Senator Hays
       
       
       
       
       20-01008-12                                           20121094__
    1                        A bill to be entitled                      
    2         An act relating to workers’ compensation; amending s.
    3         440.107, F.S.; revising penalties applicable to
    4         employers who fail to secure the payment of workers’
    5         compensation as required; providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraph (d) of subsection (7) of section
   10  440.107, Florida Statutes, is amended to read:
   11         440.107 Department powers to enforce employer compliance
   12  with coverage requirements.—
   13         (7)
   14         (d)1. In addition to any penalty, stop-work order, or
   15  injunction, the department shall assess against any employer who
   16  has failed to secure the payment of compensation as required by
   17  this chapter a penalty equal to 2 1.5 times the amount the
   18  employer would have paid in premium when applying approved
   19  manual rates to the employer’s payroll during periods for which
   20  it failed to secure the payment of workers’ compensation
   21  required by this chapter within the preceding 1-year 3-year
   22  period or $1,000, whichever is greater.
   23         2. Any subsequent violation within 5 years after the most
   24  recent violation shall, in addition to the penalties set forth
   25  in this subsection, be deemed a knowing act within the meaning
   26  of s. 440.105.
   27         Section 2. This act shall take effect July 1, 2012.