| 1 | Representative Clarke offered the following: |
| 2 |
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| 3 | Amendment to Amendment (665289 |
| 4 | ) (with directory and title amendments) |
| 5 | On line 1086, insert: |
| 6 | Section 42. Paragraph (a) of subsection (7) of section |
| 7 | 440.107, Florida Statutes, is amended to read: |
| 8 | 440.107 Department powers to enforce employer compliance |
| 9 | with coverage requirements.-- |
| 10 | (7)(a) Whenever the department determines that an employer |
| 11 | who is required to secure the payment to his or her employees of |
| 12 | the compensation provided for by this chapter has failed to |
| 13 | secure the payment of workers' compensation required by this |
| 14 | chapter or to produce the required business records under |
| 15 | subsection (5) within 5 business days after receipt of the |
| 16 | written request of the department, such failure shall be deemed |
| 17 | an immediate serious danger to public health, safety, or welfare |
| 18 | sufficient to justify service by the department of a stop-work |
| 19 | order on the employer, requiring the cessation of all business |
| 20 | operations. If the department makes such a determination, the |
| 21 | department shall issue a stop-work order within 72 hours. The |
| 22 | order shall take effect when served upon the employer or, for a |
| 23 | particular employer work site, when served at that work site. In |
| 24 | addition to serving a stop-work order at a particular work site |
| 25 | which shall be effective immediately, the department shall |
| 26 | immediately proceed with service upon the employer which shall |
| 27 | be effective upon all employer work sites in the state for which |
| 28 | the employer is not in compliance. A stop-work order may be |
| 29 | served with regard to an employer's work site by posting a copy |
| 30 | of the stop-work order in a conspicuous location at the work |
| 31 | site. The order shall remain in effect until the department |
| 32 | issues an order releasing the stop-work order upon a finding |
| 33 | that the employer has come into compliance with the coverage |
| 34 | requirements of this chapter and has paid any penalty assessed |
| 35 | under this section. The department may issue an order of |
| 36 | conditional release from a stop-work order to an employer upon a |
| 37 | finding that the employer has complied with coverage |
| 38 | requirements of this chapter and has agreed to remit periodic |
| 39 | payments of the penalty pursuant to a payment agreement schedule |
| 40 | with the department. If an order of conditional release is |
| 41 | issued, failure by the employer to meet any term or condition of |
| 42 | such penalty payment agreement shall result in the immediate |
| 43 | reinstatement of the stop-work order and the entire unpaid |
| 44 | balance of the penalty shall become immediately due. The |
| 45 | department may require an employer who is found to have failed |
| 46 | to comply with the coverage requirements of s. 440.38 to file |
| 47 | with the department, as a condition of release from a stop-work |
| 48 | order, periodic reports for a probationary period that shall not |
| 49 | exceed 2 years that demonstrate the employer's continued |
| 50 | compliance with this chapter. The department shall by rule |
| 51 | specify the reports required and the time for filing under this |
| 52 | subsection. |
| 53 |
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| 54 | ================ T I T L E A M E N D M E N T ============= |
| 55 | Remove line(s) 1174 and insert: |
| 56 | drug test under certain circumstances; authorizing the |
| 57 | department to issue an order of conditional release from a stop- |
| 58 | work order if an employer complies with coverage requirements |
| 59 | and a penalty payment agreement; amending ss. 440.05, |