Senate Bill sb2268

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    Florida Senate - 2004                                  SB 2268

    By the Committee on Banking and Insurance





    311-1746B-04

  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 440.02, F.S.; redefining the terms

  4         "corporate officer," "employee," and

  5         "employer"; providing members of limited

  6         liability companies similar authority to elect

  7         exemption from workers' compensation coverage

  8         as corporate officers; amending ss. 440.05,

  9         440.077, F.S.; providing technical and

10         conforming changes relating to exemptions from

11         coverage requirements; amending s. 440.093,

12         F.S.; providing exceptions for limitations on

13         benefits for mental and nervous injuries;

14         amending s. 440.105, F.S.; deleting the

15         prohibition against specified acts; providing

16         for carriers and self-insured employers to

17         verify whether benefit recipients are

18         concurrently listed as employees of an

19         employing unit; amending s. 440.13, F.S.;

20         revising method of calculating the value of

21         attendant care services; revising provisions

22         relating to penalties with respect to payment

23         of medical bills; revising practice parameters

24         applicable to medical care; amending ss.

25         440.14, 440.15, F.S.; correcting

26         cross-references; amending s. 440.20, F.S.;

27         providing duties of the Department of Financial

28         Services in ensuring timely payment of

29         benefits; amending s. 440.381, F.S.; revising

30         penalties relating to applications for

31         coverage; amending s. 440.525, F.S.; providing

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 1         for examination of certain entities and

 2         reports; amending s. 921.0022, F.S.; revising

 3         criminal offense severity ranking chart with

 4         respect to specified offenses involving

 5         workers' compensation; providing an effective

 6         date.

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

10         Section 1.  Subsections (9), (15), and (16) of section

11  440.02, Florida Statutes, are amended to read:

12         440.02  Definitions.--When used in this chapter, unless

13  the context clearly requires otherwise, the following terms

14  shall have the following meanings:

15         (9)  "Corporate officer" or "officer of a corporation"

16  means any person who fills an office provided for in the

17  corporate charter or articles of incorporation filed with the

18  Division of Corporations of the Department of State or as

19  permitted or required by chapter 607. As to persons engaged in

20  the construction industry, the term "officer of a corporation"

21  includes a member owning at least 10 percent of a limited

22  liability company created and approved under chapter 608.

23         (15)(a)  "Employee" means any person who receives

24  remuneration from an employer for the performance of any work

25  or service while engaged in any employment under any

26  appointment or contract for hire or apprenticeship, express or

27  implied, oral or written, whether lawfully or unlawfully

28  employed, and includes, but is not limited to, aliens and

29  minors.

30         (b)  "Employee" includes any person who is an officer

31  of a corporation and who performs services for remuneration

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 1  for such corporation within this state, whether or not such

 2  services are continuous.

 3         1.  Any officer of a corporation may elect to be exempt

 4  from this chapter by filing written notice of the election

 5  with the department as provided in s. 440.05.

 6         2.  As to officers of a corporation or members of a

 7  limited liability company who are engaged in the construction

 8  industry, no more than three officers of a corporation or

 9  members of a limited liability company or of any group of

10  affiliated corporations or limited liability companies may

11  elect to be exempt from this chapter by filing written notice

12  of the election with the department as provided in s. 440.05.

13  Officers must be shareholders, each owning at least 10 percent

14  of the stock of such corporation and listed as an officer of

15  such corporation with the Division of Corporations of the

16  Department of State, in order to elect exemptions under this

17  chapter. Members must each own at least a 10-percent interest

18  of such limited liability company created under chapter 608

19  and must be listed as a member of such limited liability

20  company with the Division of Corporations of the Department of

21  State in order to elect exemption under this chapter. For

22  purposes of this subparagraph, the term "affiliated" means and

23  includes one or more corporations or limited liability

24  companies or entities, any one of which is a corporation or

25  limited liability company engaged in the construction

26  industry, under the same or substantially the same control of

27  a group of business entities which are connected or associated

28  so that one entity controls or has the power to control each

29  of the other business entities. The term "affiliated"

30  includes, but is not limited to, the members, officers,

31  directors, executives, shareholders active in management,

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 1  employees, and agents of the affiliated corporation or limited

 2  liability company. The ownership by one business entity of a

 3  controlling interest in another business entity or a pooling

 4  of equipment or income among business entities shall be prima

 5  facie evidence that one business is affiliated with the other.

 6         3.  An officer of a corporation or a member of a

 7  limited liability company who elects to be exempt from this

 8  chapter by filing a written notice of the election with the

 9  department as provided in s. 440.05 is not an employee.

10  

11  Services are presumed to have been rendered to the corporation

12  if the officer is compensated by other than dividends upon

13  shares of stock of the corporation which the officer owns.

14         (c)  "Employee" includes:

15         1.  A sole proprietor or a partner who is not engaged

16  in the construction industry, devotes full time to the

17  proprietorship or partnership, and elects to be included in

18  the definition of employee by filing notice thereof as

19  provided in s. 440.05.

20         2.  All persons who are being paid by a construction

21  contractor as a subcontractor, unless the subcontractor has

22  validly elected an exemption as permitted by this chapter, or

23  has otherwise secured the payment of compensation coverage as

24  a subcontractor, consistent with s. 440.10, for work performed

25  by or as a subcontractor.

26         3.  An independent contractor working or performing

27  services in the construction industry.

28         4.  A sole proprietor who engages in the construction

29  industry and a partner or partnership that is engaged in the

30  construction industry.

31  

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 1         5.  A volunteer worker for the state or a county,

 2  municipality, or other governmental entity.

 3         (d)  "Employee" does not include:

 4         1.  An independent contractor who is not engaged in the

 5  construction industry.

 6         a.  In order to meet the definition of independent

 7  contractor, at least four of the following criteria must be

 8  met:

 9         (I)  The independent contractor maintains a separate

10  business with his or her own work facility, truck, equipment,

11  materials, or similar accommodations;

12         (II)  The independent contractor holds or has applied

13  for a federal employer identification number, unless the

14  independent contractor is a sole proprietor who is not

15  required to obtain a federal employer identification number

16  under state or federal regulations;

17         (III)  The independent contractor receives compensation

18  for services rendered or work performed and such compensation

19  is paid to a business rather than to an individual;

20         (IV)  The independent contractor holds one or more bank

21  accounts in the name of the business entity for purposes of

22  paying business expenses or other expenses related to services

23  rendered or work performed for compensation;

24         (V)  The independent contractor performs work or is

25  able to perform work for any entity in addition to or besides

26  the employer at his or her own election without the necessity

27  of completing an employment application or process; or

28         (VI)  The independent contractor receives compensation

29  for work or services rendered on a competitive-bid basis or

30  completion of a task or a set of tasks as defined by a

31  

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 1  contractual agreement, unless such contractual agreement

 2  expressly states that an employment relationship exists.

 3         b.  If four of the criteria listed in sub-subparagraph

 4  a. do not exist, an individual may still be presumed to be an

 5  independent contractor and not an employee based on full

 6  consideration of the nature of the individual situation with

 7  regard to satisfying any of the following conditions:

 8         (I)  The independent contractor performs or agrees to

 9  perform specific services or work for a specific amount of

10  money and controls the means of performing the services or

11  work.

12         (II)  The independent contractor incurs the principal

13  expenses related to the service or work that he or she

14  performs or agrees to perform.

15         (III)  The independent contractor is responsible for

16  the satisfactory completion of the work or services that he or

17  she performs or agrees to perform.

18         (IV)  The independent contractor receives compensation

19  for work or services performed for a commission or on a

20  per-job basis and not on any other basis.

21         (V)  The independent contractor may realize a profit or

22  suffer a loss in connection with performing work or services.

23         (VI)  The independent contractor has continuing or

24  recurring business liabilities or obligations.

25         (VII)  The success or failure of the independent

26  contractor's business depends on the relationship of business

27  receipts to expenditures.

28         c.  Notwithstanding anything to the contrary in this

29  subparagraph, an individual claiming to be an independent

30  contractor has the burden of proving that he or she is an

31  independent contractor for purposes of this chapter.

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 1         2.  A real estate licensee, if that person agrees, in

 2  writing, to perform for remuneration solely by way of

 3  commission.

 4         3.  Bands, orchestras, and musical and theatrical

 5  performers, including disk jockeys, performing in licensed

 6  premises as defined in chapter 562, if a written contract

 7  evidencing an independent contractor relationship is entered

 8  into before the commencement of such entertainment.

 9         4.  An owner-operator of a motor vehicle who transports

10  property under a written contract with a motor carrier which

11  evidences a relationship by which the owner-operator assumes

12  the responsibility of an employer for the performance of the

13  contract, if the owner-operator is required to furnish the

14  necessary motor vehicle equipment and all costs incidental to

15  the performance of the contract, including, but not limited

16  to, fuel, taxes, licenses, repairs, and hired help; and the

17  owner-operator is paid a commission for transportation service

18  and is not paid by the hour or on some other time-measured

19  basis.

20         5.  A person whose employment is both casual and not in

21  the course of the trade, business, profession, or occupation

22  of the employer.

23         6.  A volunteer, except a volunteer worker for the

24  state or a county, municipality, or other governmental entity.

25  A person who does not receive monetary remuneration for

26  services is presumed to be a volunteer unless there is

27  substantial evidence that a valuable consideration was

28  intended by both employer and employee. For purposes of this

29  chapter, the term "volunteer" includes, but is not limited to:

30         a.  Persons who serve in private nonprofit agencies and

31  who receive no compensation other than expenses in an amount

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 1  less than or equivalent to the standard mileage and per diem

 2  expenses provided to salaried employees in the same agency or,

 3  if such agency does not have salaried employees who receive

 4  mileage and per diem, then such volunteers who receive no

 5  compensation other than expenses in an amount less than or

 6  equivalent to the customary mileage and per diem paid to

 7  salaried workers in the community as determined by the

 8  department; and

 9         b.  Volunteers participating in federal programs

10  established under Pub. L. No. 93-113.

11         7.  Unless otherwise prohibited by this chapter, any

12  officer of a corporation or member of a limited liability

13  company who elects to be exempt from this chapter. Such

14  officer or member is not an employee for any reason under this

15  chapter until the notice of revocation of election filed

16  pursuant to s. 440.05 is effective.

17         8.  An officer of a corporation or member of a limited

18  liability company that is engaged in the construction industry

19  who elects to be exempt from the provisions of this chapter,

20  as otherwise permitted by this chapter. Such officer or member

21  is not an employee for any reason until the notice of

22  revocation of election filed pursuant to s. 440.05 is

23  effective.

24         9.  An exercise rider who does not work for a single

25  horse farm or breeder, and who is compensated for riding on a

26  case-by-case basis, provided a written contract is entered

27  into prior to the commencement of such activity which

28  evidences that an employee/employer relationship does not

29  exist.

30         10.  A taxicab, limousine, or other passenger

31  vehicle-for-hire driver who operates said vehicles pursuant to

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 1  a written agreement with a company which provides any

 2  dispatch, marketing, insurance, communications, or other

 3  services under which the driver and any fees or charges paid

 4  by the driver to the company for such services are not

 5  conditioned upon, or expressed as a proportion of, fare

 6  revenues.

 7         11.  A person who performs services as a sports

 8  official for an entity sponsoring an interscholastic sports

 9  event or for a public entity or private, nonprofit

10  organization that sponsors an amateur sports event. For

11  purposes of this subparagraph, such a person is an independent

12  contractor. For purposes of this subparagraph, the term

13  "sports official" means any person who is a neutral

14  participant in a sports event, including, but not limited to,

15  umpires, referees, judges, linespersons, scorekeepers, or

16  timekeepers. This subparagraph does not apply to any person

17  employed by a district school board who serves as a sports

18  official as required by the employing school board or who

19  serves as a sports official as part of his or her

20  responsibilities during normal school hours.

21         12.  Medicaid-enrolled clients under chapter 393 who

22  are excluded from the definition of employment under s.

23  443.036(21)(d)5. and served by Adult Day Training Services

24  under the Home and Community-Based Medicaid Waiver program in

25  a sheltered workshop setting licensed by the United States

26  Department of Labor for the purpose of training and earning

27  less than the federal hourly minimum wage.

28         (16)(a)  "Employer" means the state and all political

29  subdivisions thereof, all public and quasi-public corporations

30  therein, every person carrying on any employment, and the

31  legal representative of a deceased person or the receiver or

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 1  trustees of any person. "Employer" also includes employment

 2  agencies, employee leasing companies, and similar agents who

 3  provide employees to other persons. If the employer is a

 4  corporation, parties in actual control of the corporation,

 5  including, but not limited to, the president, officers who

 6  exercise broad corporate powers, directors, and all

 7  shareholders who directly or indirectly own a controlling

 8  interest in the corporation, are considered the employer for

 9  the purposes of ss. 440.105, 440.106, and 440.107.

10         (b)  A homeowner shall not be considered the employer

11  of persons hired by the homeowner to carry out construction on

12  the homeowner's own premises if those premises are not

13  intended for immediate lease, sale, or resale.

14         (c)  Facilities serving individuals under subparagraph

15  (15)(d)12. shall be considered agents of the Agency for Health

16  Care Administration as it relates to providing Adult Day

17  Training Services under the Home and Community-Based Medicaid

18  Waiver program and not employers or third parties for the

19  purpose of limiting or denying Medicaid benefits.

20         Section 2.  Subsections (3), (6), (10), (11), (12),

21  (14), and (15) of section 440.05, Florida Statutes, are

22  amended to read:

23         440.05  Election of exemption; revocation of election;

24  notice; certification.--

25         (3)  Each officer of a corporation or member of a

26  limited liability company who is engaged in the construction

27  industry and who elects an exemption from this chapter or who,

28  after electing such exemption, revokes that exemption, must

29  mail a written notice to such effect to the department on a

30  form prescribed by the department. The notice of election to

31  be exempt from the provisions of this chapter must be

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 1  notarized and under oath. The notice of election to be exempt

 2  which is submitted to the department by the officer of a

 3  corporation or member of a limited liability company who is

 4  allowed to claim an exemption as provided by this chapter must

 5  list the name, federal tax identification number, social

 6  security number, all certified or registered licenses issued

 7  pursuant to chapter 489 held by the person seeking the

 8  exemption, a copy of relevant documentation as to employment

 9  status filed with the Internal Revenue Service as specified by

10  the department, a copy of the relevant occupational license in

11  the primary jurisdiction of the business, and the registration

12  number of the corporation or limited liability company filed

13  with the Division of Corporations of the Department of State

14  along with a copy of the stock certificate, operating

15  agreement, or member's agreement evidencing the required

16  ownership or contribution under this chapter. The notice of

17  election to be exempt must identify each corporation or

18  limited liability company that employs the person electing the

19  exemption and must list the social security number or federal

20  tax identification number of each such employer and the

21  additional documentation required by this section. In

22  addition, the notice of election to be exempt must provide

23  that the officer or member electing an exemption is not

24  entitled to benefits under this chapter, must provide that the

25  election does not exceed exemption limits for officers or

26  members provided in s. 440.02, and must certify that any

27  employees of the corporation or limited liability company

28  whose officer or member elects an exemption are covered by

29  workers' compensation insurance. Upon receipt of the notice of

30  the election to be exempt, receipt of all application fees,

31  and a determination by the department that the notice meets

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 1  the requirements of this subsection, the department shall

 2  issue a certification of the election to the officer or

 3  member, unless the department determines that the information

 4  contained in the notice is invalid. The department shall

 5  revoke a certificate of election to be exempt from coverage

 6  upon a determination by the department that the person does

 7  not meet the requirements for exemption or that the

 8  information contained in the notice of election to be exempt

 9  is invalid. The certificate of election must list the name of

10  the corporation or limited liability company listed in the

11  request for exemption. A new certificate of election must be

12  obtained each time the person is employed by a new or

13  different corporation or limited liability company that is not

14  listed on the certificate of election. A copy of the

15  certificate of election must be sent to each workers'

16  compensation carrier identified in the request for exemption.

17  Upon filing a notice of revocation of election, an officer or

18  member who is a subcontractor or an officer or member of a

19  corporate or limited liability company subcontractor must

20  notify her or his contractor. Upon revocation of a certificate

21  of election of exemption by the department, the department

22  shall notify the workers' compensation carriers identified in

23  the request for exemption.

24         (6)  A construction industry certificate of election to

25  be exempt which is issued in accordance with this section

26  shall be valid for 2 years after the effective date stated

27  thereon. Both the effective date and the expiration date must

28  be listed on the face of the certificate by the department.

29  The construction industry certificate must expire at midnight,

30  2 years from its issue date, as noted on the face of the

31  exemption certificate. Any person who has received from the

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 1  department a construction industry certificate of election to

 2  be exempt which is in effect on December 31, 1998, shall file

 3  a new notice of election to be exempt by the last day in his

 4  or her birth month following December 1, 1998. A construction

 5  industry certificate of election to be exempt may be revoked

 6  before its expiration by the officer or member for whom it was

 7  issued or by the department for the reasons stated in this

 8  section.  At least 60 days prior to the expiration date of a

 9  construction industry certificate of exemption issued after

10  December 1, 1998, the department shall send notice of the

11  expiration date and an application for renewal to the

12  certificateholder at the address on the certificate.

13         (10)  Each officer of a corporation or member of a

14  limited liability company who is actively engaged in the

15  construction industry and who elects an exemption from this

16  chapter shall maintain business records as specified by the

17  department by rule, which rules must include the provision

18  that any corporation with exempt officers or any limited

19  liability company with exempt members engaged in the

20  construction industry must maintain written statements of

21  those exempted persons affirmatively acknowledging each such

22  individual's exempt status.

23         (11)  Any corporate officer or member of a limited

24  liability company permitted by this chapter to claim an

25  exemption must be listed on the records of this state's

26  Secretary of State, Division of Corporations, as a corporate

27  officer or member of a limited liability company. The

28  department shall issue a stop-work order under s. 440.107(1)

29  to any corporation or limited liability company that who

30  employs a person who claims to be exempt as a corporate

31  officer or member but that who fails or refuses to produce the

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 1  documents required under this subsection to the department

 2  within 3 business days after the request is made.

 3         (12)  Certificates of election to be exempt issued

 4  under subsection (3) shall apply only to the corporate officer

 5  or member of a limited liability company named on the notice

 6  of election to be exempt and apply only within the scope of

 7  the business or trade listed on the notice of election to be

 8  exempt.

 9         (14)  An officer of a corporation or member of a

10  limited liability company who elects exemption from this

11  chapter by filing a certificate of election under this section

12  may not recover benefits or compensation under this chapter.

13  For purposes of determining the appropriate premium for

14  workers' compensation coverage, carriers may not consider any

15  officer of a corporation or member of a limited liability

16  company who validly meets the requirements of this section to

17  be an employee.

18         (15)  Any corporate officer or member of a limited

19  liability company who is an affiliated person of a person who

20  is delinquent in paying a stop-work order and penalty

21  assessment order issued pursuant to s. 440.107, or owed

22  pursuant to a court order, is ineligible for an election of

23  exemption. The stop-work order and penalty assessment shall be

24  in effect against any such affiliated person. As used in this

25  subsection, the term "affiliated person" means:

26         (a)  The spouse of such other person;

27         (b)  Any person who directly or indirectly owns or

28  controls, or holds with the power to vote, 10 percent or more

29  of the outstanding voting securities of such other person;

30         (c)  Any person who directly or indirectly owns 10

31  percent or more of the outstanding voting securities that are

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 1  directly or indirectly owned, controlled, or held with the

 2  power to vote by such other person;

 3         (d)  Any person or group of persons who directly or

 4  indirectly control, are controlled by, or are under common

 5  control with such other person;

 6         (e)  Any person who directly or indirectly acquires all

 7  or substantially all of the other assets of such other person;

 8         (f)  Any officer, director, trustee, partner, owner,

 9  manager, joint venturer, or employee of such other person or a

10  person performing duties similar to persons in such positions;

11  or

12         (g)  Any person who has an officer, director, trustee,

13  partner, or joint venturer in common with such person.

14         Section 3.  Section 440.077, Florida Statutes, is

15  amended to read:

16         440.077  When a corporate officer or member of a

17  limited liability company rejects chapter, effect.--An officer

18  of a corporation or member of a limited liability company who

19  is permitted to elect an exemption under this chapter and who

20  elects to be exempt from the provisions of this chapter may

21  not recover benefits under this chapter.

22         Section 4.  Subsection (1) of section 440.093, Florida

23  Statutes, is amended to read:

24         440.093  Mental and nervous injuries.--

25         (1)  A mental or nervous injury due to stress, fright,

26  or excitement only is not an injury by accident arising out of

27  the employment. Nothing in this section shall be construed to

28  allow for the payment of benefits under this chapter for

29  mental or nervous injuries without an accompanying physical

30  injury requiring medical treatment, except in instances of

31  sexual battery or robbery which arise out of and in the course

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 1  of employment. A physical injury resulting from mental or

 2  nervous injuries unaccompanied by physical trauma requiring

 3  medical treatment shall not be compensable under this chapter.

 4         Section 5.  Subsections (2), (3), and (4) of section

 5  440.105, Florida Statutes, are amended, and subsection (8) is

 6  added to that section, to read:

 7         440.105  Prohibited activities; reports; penalties;

 8  limitations.--

 9         (2)  Whoever violates any provision of this subsection

10  commits a misdemeanor of the first degree, punishable as

11  provided in s. 775.082 or s. 775.083.

12         (a)  It shall be unlawful for any employer to

13  knowingly:

14         1.  Coerce or attempt to coerce, as a precondition to

15  employment or otherwise, an employee to obtain a certificate

16  of election of exemption pursuant to s. 440.05.

17         2.  Discharge or refuse to hire an employee or job

18  applicant because the employee or applicant has filed a claim

19  for benefits under this chapter.

20         3.  Discharge, discipline, or take any other adverse

21  personnel action against any employee for disclosing

22  information to the department or any law enforcement agency

23  relating to any violation or suspected violation of any of the

24  provisions of this chapter or rules promulgated hereunder.

25         4.  Violate a stop-work order issued by the department

26  pursuant to s. 440.107.

27         (b)  It shall be unlawful for any insurance entity to

28  revoke or cancel a workers' compensation insurance policy or

29  membership because an employer has returned an employee to

30  work or hired an employee who has filed a workers'

31  compensation claim.

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 1         (3)  Whoever violates any provision of this subsection

 2  commits a misdemeanor of the first degree, punishable as

 3  provided in s. 775.082 or s. 775.083.

 4         (a)  It shall be unlawful for any employer to knowingly

 5  fail to update applications for coverage as required by s.

 6  440.381(1) and department rules within 7 days after the

 7  reporting date for any change in the required information, or

 8  to post notice of coverage pursuant to s. 440.40.

 9         (b)  It shall be unlawful for any employer to knowingly

10  participate in the creation of the employment relationship in

11  which the employee has used any false, fraudulent, or

12  misleading oral or written statement as evidence of identity.

13         (b)(c)  It is unlawful for any attorney or other

14  person, in his or her individual capacity or in his or her

15  capacity as a public or private employee, or for any firm,

16  corporation, partnership, or association to receive any fee or

17  other consideration or any gratuity from a person on account

18  of services rendered for a person in connection with any

19  proceedings arising under this chapter, unless such fee,

20  consideration, or gratuity is approved by a judge of

21  compensation claims or by the Deputy Chief Judge of

22  Compensation Claims.

23         (4)  Whoever violates any provision of this subsection

24  commits insurance fraud, punishable as provided in paragraph

25  (f).

26         (a)  It shall be unlawful for any employer to

27  knowingly:

28         1.  Present or cause to be presented any false,

29  fraudulent, or misleading oral or written statement to any

30  person as evidence of compliance with s. 440.38.

31  

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 1         2.  Make a deduction from the pay of any employee

 2  entitled to the benefits of this chapter for the purpose of

 3  requiring the employee to pay any portion of premium paid by

 4  the employer to a carrier or to contribute to a benefit fund

 5  or department maintained by such employer for the purpose of

 6  providing compensation or medical services and supplies as

 7  required by this chapter.

 8         3.  Fail to secure payment of compensation if required

 9  to do so by this chapter.

10         (b)  It shall be unlawful for any person:

11         1.  To knowingly make, or cause to be made, any false,

12  fraudulent, or misleading oral or written statement for the

13  purpose of obtaining or denying any benefit or payment under

14  this chapter.

15         2.  To present or cause to be presented any written or

16  oral statement as part of, or in support of, a claim for

17  payment or other benefit pursuant to any provision of this

18  chapter, knowing that such statement contains any false,

19  incomplete, or misleading information concerning any fact or

20  thing material to such claim.

21         3.  To prepare or cause to be prepared any written or

22  oral statement that is intended to be presented to any

23  employer, insurance company, or self-insured program in

24  connection with, or in support of, any claim for payment or

25  other benefit pursuant to any provision of this chapter,

26  knowing that such statement contains any false, incomplete, or

27  misleading information concerning any fact or thing material

28  to such claim.

29         4.  To knowingly assist, conspire with, or urge any

30  person to engage in activity prohibited by this section.

31  

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 1         5.  To knowingly make any false, fraudulent, or

 2  misleading oral or written statement, or to knowingly omit or

 3  conceal material information, required by s. 440.185 or s.

 4  440.381, for the purpose of obtaining workers' compensation

 5  coverage or for the purpose of avoiding, delaying, or

 6  diminishing the amount of payment of any workers' compensation

 7  premiums.

 8         6.  To knowingly misrepresent or conceal payroll,

 9  classification of workers, or information regarding an

10  employer's loss history which would be material to the

11  computation and application of an experience rating

12  modification factor for the purpose of avoiding or diminishing

13  the amount of payment of any workers' compensation premiums.

14         7.  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 compliance with s. 440.38, as

17  evidence of eligibility for a certificate of exemption under

18  s. 440.05.

19         8.  To knowingly violate a stop-work order issued by

20  the department pursuant to s. 440.107.

21         9.  To knowingly present or cause to be presented any

22  false, fraudulent, or misleading oral or written statement to

23  any person as evidence of identity for the purpose of

24  obtaining employment or filing or supporting a claim for

25  workers' compensation benefits.

26         (c)  It shall be unlawful for any physician licensed

27  under chapter 458, osteopathic physician licensed under

28  chapter 459, chiropractic physician licensed under chapter

29  460, podiatric physician licensed under chapter 461,

30  optometric physician licensed under chapter 463, or any other

31  practitioner licensed under the laws of this state to

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 1  knowingly and willfully assist, conspire with, or urge any

 2  person to fraudulently violate any of the provisions of this

 3  chapter.

 4         (d)  It shall be unlawful for any person or

 5  governmental entity licensed under chapter 395 to maintain or

 6  operate a hospital in such a manner so that such person or

 7  governmental entity knowingly and willfully allows the use of

 8  the facilities of such hospital by any person, in a scheme or

 9  conspiracy to fraudulently violate any of the provisions of

10  this chapter.

11         (e)  It shall be unlawful for any attorney or other

12  person, in his or her individual capacity or in his or her

13  capacity as a public or private employee, or any firm,

14  corporation, partnership, or association, to knowingly assist,

15  conspire with, or urge any person to fraudulently violate any

16  of the provisions of this chapter.

17         (f)  If the monetary value of any violation of this

18  subsection:

19         1.  Is less than $20,000, the offender commits a felony

20  of the third degree, punishable as provided in s. 775.082, s.

21  775.083, or s. 775.084.

22         2.  Is $20,000 or more, but less than $100,000, the

23  offender commits a felony of the second degree, punishable as

24  provided in s. 775.082, s. 775.083, or s. 775.084.

25         3.  Is $100,000 or more, the offender commits a felony

26  of the first degree, punishable as provided in s. 775.082, s.

27  775.083, or s. 775.084.

28         (8)  As a condition of receiving compensation as

29  provided in this chapter, an employee must execute a waiver

30  authorizing the carrier to verify or determine through the

31  Division of Unemployment Compensation whether an employing

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 1  unit is reporting such an employee as an employee while the

 2  carrier is concurrently paying workers' compensation benefits

 3  to the employee.

 4         Section 6.  Paragraph (b) of subsection (2) and

 5  subsections (11) and (15) of section 440.13, Florida Statutes,

 6  are amended to read:

 7         440.13  Medical services and supplies; penalty for

 8  violations; limitations.--

 9         (2)  MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--

10         (b)  The employer shall provide appropriate

11  professional or nonprofessional attendant care performed only

12  at the direction and control of a physician when such care is

13  medically necessary. The physician shall prescribe such care

14  in writing. The employer or carrier shall not be responsible

15  for such care until the prescription for attendant care is

16  received by the employer and carrier, which shall specify the

17  time periods for such care, the level of care required, and

18  the type of assistance required. A prescription for attendant

19  care shall not prescribe such care retroactively. The value of

20  nonprofessional attendant care provided by a family member

21  must be determined as follows:

22         1.  If the family member is not employed or if the

23  family member is employed and is providing attendant care

24  services during hours that he or she is not engaged in

25  employment, the per-hour value equals the federal minimum

26  hourly wage.

27         2.  If the family member is employed and elects to

28  leave that employment to provide attendant or custodial care,

29  the per-hour value of that care equals the per-hour value of

30  the family member's former employment, not to exceed the

31  per-hour value of such care available in the community at

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 1  large. A family member or a combination of family members

 2  providing nonprofessional attendant care under this paragraph

 3  may not be compensated for more than a total of 12 hours per

 4  day.

 5         3.  If the family member remains employed while

 6  providing attendant or custodial care, the per-hour value of

 7  that care equals the per-hour value of the family member's

 8  employment, not to exceed the per-hour value of such care

 9  available in the community at large.

10  

11  Failure of the carrier to timely comply with this subsection

12  shall be a violation of this chapter and the carrier shall be

13  subject to penalties as provided for in s. 440.525.

14         (11)  AUDITS.--

15         (a)  The Agency for Health Care Administration may

16  investigate health care providers to determine whether

17  providers are complying with this chapter and with rules

18  adopted by the agency, whether the providers are engaging in

19  overutilization, whether providers are engaging in improper

20  billing practices, and whether providers are adhering to

21  practice parameters and protocols established in accordance

22  with this chapter. If the agency finds that a health care

23  provider has improperly billed, overutilized, or failed to

24  comply with agency rules or the requirements of this chapter,

25  including, but not limited to, practice parameters and

26  protocols established in accordance with this chapter, it must

27  notify the provider of its findings and may determine that the

28  health care provider may not receive payment from the carrier

29  or may impose penalties as set forth in subsection (8) or

30  other sections of this chapter. If the health care provider

31  has received payment from a carrier for services that were

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 1  improperly billed, that constitute overutilization, or that

 2  were outside practice parameters or protocols established in

 3  accordance with this chapter, it must return those payments to

 4  the carrier. The agency may assess a penalty not to exceed

 5  $500 for each overpayment that is not refunded within 30 days

 6  after notification of overpayment by the agency or carrier.

 7         (b)  The department shall monitor carriers as provided

 8  in this chapter and the Office of Insurance Regulation shall

 9  audit insurers and group self-insurance funds as provided in

10  s. 624.3161, to determine if medical bills are paid in

11  accordance with this section and rules of the department and

12  Financial Services Commission, respectively. Any employer, if

13  self-insured, or carrier found by the department or Office of

14  Insurance Regulation not to be within 90 percent compliance as

15  to the payment of medical bills after July 1, 1994, must be

16  assessed a fine not to exceed 1 percent of the prior year's

17  assessment levied against such entity under s. 440.51 for

18  every quarter in which the entity fails to attain 90-percent

19  compliance. The department shall fine or otherwise discipline

20  an employer or carrier, pursuant to this chapter or rules

21  adopted by the department, and the Office of Insurance

22  Regulation shall fine or otherwise discipline an insurer or

23  group self-insurance fund pursuant to the insurance code or

24  rules adopted by the Financial Services Commission, for each

25  late payment of compensation that is below the minimum

26  95-percent performance standard. Any carrier that is found to

27  be not in compliance in subsequent consecutive quarters must

28  implement a medical-bill review program approved by the

29  department or office, and an insurer or group self-insurance

30  fund is subject to disciplinary action by the Office of

31  Insurance Regulation.

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 1         (b)(c)  The agency has exclusive jurisdiction to decide

 2  any matters concerning reimbursement, to resolve any

 3  overutilization dispute under subsection (7), and to decide

 4  any question concerning overutilization under subsection (8),

 5  which question or dispute arises after January 1, 1994.

 6         (c)(d)  The following agency actions do not constitute

 7  agency action subject to review under ss. 120.569 and 120.57

 8  and do not constitute actions subject to s. 120.56: referral

 9  by the entity responsible for utilization review; a decision

10  by the agency to refer a matter to a peer review committee;

11  establishment by a health care provider or entity of

12  procedures by which a peer review committee reviews the

13  rendering of health care services; and the review proceedings,

14  report, and recommendation of the peer review committee.

15         (15)  PRACTICE PARAMETERS.--The practice parameters and

16  protocols mandated under this chapter shall be the practice

17  parameters and protocols of the National Guideline

18  Clearinghouse, as of May 1, 2004, sponsored adopted by the

19  United States Agency for Healthcare Research and Quality in

20  partnership with the American Medical Association and the

21  American Association of Health Plans, or any other nationally

22  recognized organization that, in conjunction with appropriate

23  medical societies or organizations, makes available practice

24  parameters or clinical practice guidelines effect on January

25  1, 2003.

26         Section 7.  Subsection (4) of section 440.14, Florida

27  Statutes, is amended to read:

28         440.14  Determination of pay.--

29         (4)  Upon termination of the employee or upon

30  termination of the payment of fringe benefits of any employee

31  who is collecting indemnity benefits pursuant to s. 440.15(2)

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 1  or (3), the employer shall within 7 days of such termination

 2  file a corrected 13-week wage statement reflecting the wages

 3  paid and the fringe benefits that had been paid to the injured

 4  employee, as provided in s. 440.02(28) s. 440.02(27).

 5         Section 8.  Paragraph (b) of subsection (1) and

 6  subsection (6) of section 440.15, Florida Statutes, are

 7  amended to read:

 8         440.15  Compensation for disability.--Compensation for

 9  disability shall be paid to the employee, subject to the

10  limits provided in s. 440.12(2), as follows:

11         (1)  PERMANENT TOTAL DISABILITY.--

12         (b)  In the following cases, an injured employee is

13  presumed to be permanently and totally disabled unless the

14  employer or carrier establishes that the employee is

15  physically capable of engaging in at least sedentary

16  employment within a 50-mile radius of the employee's

17  residence:

18         1.  Spinal cord injury involving severe paralysis of an

19  arm, a leg, or the trunk;

20         2.  Amputation of an arm, a hand, a foot, or a leg

21  involving the effective loss of use of that appendage;

22         3.  Severe brain or closed-head injury as evidenced by:

23         a.  Severe sensory or motor disturbances;

24         b.  Severe communication disturbances;

25         c.  Severe complex integrated disturbances of cerebral

26  function;

27         d.  Severe episodic neurological disorders; or

28         e.  Other severe brain and closed-head injury

29  conditions at least as severe in nature as any condition

30  provided in sub-subparagraphs a.-d.;

31  

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 1         4.  Second-degree or third-degree burns of 25 percent

 2  or more of the total body surface or third-degree burns of 5

 3  percent or more to the face and hands; or

 4         5.  Total or industrial blindness.

 5  

 6  In all other cases, in order to obtain permanent total

 7  disability benefits, the employee must establish that he or

 8  she is not able to engage in at least sedentary employment,

 9  within a 50-mile radius of the employee's residence, due to

10  his or her physical limitation. Entitlement to such benefits

11  shall cease when the employee reaches age 75, unless the

12  employee is not eligible for social security benefits under 42

13  U.S.C. s. 402 or s. 423 because the employee's compensable

14  injury has prevented the employee from working sufficient

15  quarters to be eligible for such benefits, notwithstanding any

16  age limits. If the accident occurred on or after the employee

17  reaches age 70, benefits shall be payable during the

18  continuance of permanent total disability, not to exceed 5

19  years following the determination of permanent total

20  disability. Only claimants with catastrophic injuries or

21  claimants who are incapable of engaging in employment, as

22  described in this paragraph, are eligible for permanent total

23  benefits. In no other case may permanent total disability be

24  awarded.

25         (6)  EMPLOYEE REFUSES EMPLOYMENT.--If an injured

26  employee refuses employment suitable to the capacity thereof,

27  offered to or procured therefor, such employee shall not be

28  entitled to any compensation at any time during the

29  continuance of such refusal unless at any time in the opinion

30  of the judge of compensation claims such refusal is

31  justifiable. Time periods for the payment of benefits in

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 1  accordance with this section shall be counted in determining

 2  the limitation of benefits as provided for in paragraphs

 3  (2)(a), (3)(c), and (4)(e) (4)(b).

 4         Section 9.  Paragraph (b) of subsection (6) and

 5  paragraph (b) of subsection (8) of section 440.20, Florida

 6  Statutes, are amended to read:

 7         440.20  Time for payment of compensation and medical

 8  bills; penalties for late payment.--

 9         (6)

10         (b)  For medical services provided on or after January

11  1, 2004, the department shall require that all medical,

12  hospital, pharmacy, or dental bills properly submitted by the

13  provider, except for bills that are disallowed or denied by

14  the carrier or its authorized vendor in accordance with

15  department rule, are timely paid within 45 calendar days after

16  the carrier's receipt of the bill. Any carrier that is found

17  to be in noncompliance in subsequent consecutive quarters must

18  implement a medical-bill review program approved by the

19  department, and an insurer or group self-insurance fund is

20  subject to disciplinary action by the Office of Insurance

21  Regulation. The department shall impose penalties for late

22  payments or disallowances or denials of medical, hospital,

23  pharmacy, or dental bills that are below a minimum 95 percent

24  timely performance standard. The carrier shall pay to the

25  Workers' Compensation Administration Trust Fund a penalty of:

26         1.  Twenty-five dollars for each bill below the 95

27  percent timely performance standard, but meeting a 90 percent

28  timely standard.

29         2.  Fifty dollars for each bill below a 90 percent

30  timely performance standard.

31         (8)

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 1         (b)  In order to ensure carrier compliance under this

 2  chapter, the office shall monitor, audit, and investigate the

 3  performance of carriers. The department office shall require

 4  that all compensation benefits are timely paid in accordance

 5  with this section. The department office shall impose

 6  penalties for late payments of compensation that are below a

 7  minimum 95 percent timely payment performance standard. The

 8  carrier shall pay to the Workers' Compensation Administration

 9  Trust Fund a penalty of:

10         1.  Fifty dollars per number of installments of

11  compensation below the 95 percent timely payment performance

12  standard and equal to or greater than a 90 percent timely

13  payment performance standard.

14         2.  One hundred dollars per number of installments of

15  compensation below a 90 percent timely payment performance

16  standard.

17  

18  This section does not affect the imposition of any penalties

19  or interest due to the claimant. If a carrier contracts with a

20  servicing agent to fulfill its administrative responsibilities

21  under this chapter, the payment practices of the servicing

22  agent are deemed the payment practices of the carrier for the

23  purpose of assessing penalties against the carrier.

24         Section 10.  Subsection (2) of section 440.381, Florida

25  Statutes, is amended to read:

26         440.381  Application for coverage; reporting payroll;

27  payroll audit procedures; penalties.--

28         (2)  Submission of an application that contains false,

29  misleading, or incomplete information provided with the

30  purpose of avoiding or reducing the amount of premiums for

31  workers' compensation coverage is a felony of the second

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 1  degree, punishable as provided in s. 775.082, s. 775.083, or

 2  s. 775.084. The application must contain a statement that the

 3  filing of an application containing false, misleading, or

 4  incomplete information provided with the purpose of avoiding

 5  or reducing the amount of premiums for workers' compensation

 6  coverage is a felony of the third degree, punishable as

 7  provided in s. 775.082, s. 775.083, or s. 775.084. The

 8  application must contain a sworn statement by the employer

 9  attesting to the accuracy of the information submitted and

10  acknowledging the provisions of former s. 440.37(4). The

11  application must contain a sworn statement by the agent

12  attesting that the agent explained to the employer or officer

13  the classification codes that are used for premium

14  calculations.

15         Section 11.  Subsections (1) and (2) of section

16  440.525, Florida Statutes, are amended to read:

17         440.525  Examination and investigation of carriers and

18  claims-handling entities.--

19         (1)  The department and office may examine, or

20  investigate any carrier, third-party administrator, servicing

21  agent, or other claims-handling entity as often as is

22  warranted to ensure that it is fulfilling its obligations

23  under this chapter.

24         (2)  An examination may cover any period of the

25  carrier's, third-party administrator's, servicing agent's, or

26  other claims-handling entity's operations since the last

27  previous examination. An investigation based upon a reasonable

28  belief by the department that a material violation of this

29  chapter has occurred may cover any time period, but may not

30  predate the last examination by more than 5 years. The

31  department may by rule establish procedures, standards, and

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 1  protocols for examinations and investigations. If the

 2  department finds any violation of this chapter, it may impose

 3  administrative penalties pursuant to this chapter. If the

 4  department finds any self-insurer in violation of this

 5  chapter, it may take action pursuant s. 440.38(3).

 6  Examinations or investigations by the department may address,

 7  but are not limited to addressing, patterns or practices of

 8  unreasonable delay in claims handling; timeliness and accuracy

 9  of payments and reports under ss. 440.13, 440.16, and 440.185,

10  and 440.20; or patterns or practices of harassment, coercion,

11  or intimidation of claimants. The department may also specify

12  by rule the documentation to be maintained for each claim

13  file.

14         Section 12.  Paragraphs (c), (e), and (g) of subsection

15  (3) of section 921.0022, Florida Statutes, are amended to

16  read:

17         921.0022  Criminal Punishment Code; offense severity

18  ranking chart.--

19         (3)  OFFENSE SEVERITY RANKING CHART

20  

21  Florida           Felony

22  Statute           Degree             Description

23  

24                              (c)  LEVEL 3

25  119.10(3)          3rd      Unlawful use of confidential

26                              information from police reports.

27  316.066(3)(d)-(f)  3rd      Unlawfully obtaining or using

28                              confidential crash reports.

29  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

30  

31  

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 1  316.1935(2)        3rd      Fleeing or attempting to elude

 2                              law enforcement officer in marked

 3                              patrol vehicle with siren and

 4                              lights activated.

 5  319.30(4)          3rd      Possession by junkyard of motor

 6                              vehicle with identification

 7                              number plate removed.

 8  319.33(1)(a)       3rd      Alter or forge any certificate of

 9                              title to a motor vehicle or

10                              mobile home.

11  319.33(1)(c)       3rd      Procure or pass title on stolen

12                              vehicle.

13  319.33(4)          3rd      With intent to defraud, possess,

14                              sell, etc., a blank, forged, or

15                              unlawfully obtained title or

16                              registration.

17  327.35(2)(b)       3rd      Felony BUI.

18  328.05(2)          3rd      Possess, sell, or counterfeit

19                              fictitious, stolen, or fraudulent

20                              titles or bills of sale of

21                              vessels.

22  328.07(4)          3rd      Manufacture, exchange, or possess

23                              vessel with counterfeit or wrong

24                              ID number.

25  

26  

27  

28  

29  

30  

31  

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 1  370.12(1)(e)5.     3rd      Taking, disturbing, mutilating,

 2                              destroying, causing to be

 3                              destroyed, transferring, selling,

 4                              offering to sell, molesting, or

 5                              harassing marine turtles, marine

 6                              turtle eggs, or marine turtle

 7                              nests in violation of the Marine

 8                              Turtle Protection Act.

 9  370.12(1)(e)6.     3rd      Soliciting to commit or

10                              conspiring to commit a violation

11                              of the Marine Turtle Protection

12                              Act.

13  376.302(5)         3rd      Fraud related to reimbursement

14                              for cleanup expenses under the

15                              Inland Protection Trust Fund.

16  400.903(3)         3rd      Operating a clinic without a

17                              license or filing false license

18                              application or other required

19                              information.

20  440.105(3)(b)      3rd      Receipt of fee or consideration

21                              without approval by judge of

22                              compensation claims.

23  440.105(4)(f)1.    3rd      Workers' compensation insurance

24                              fraud; property value less than

25                              $20,000.

26  440.1051(3)        3rd      False report of workers'

27                              compensation fraud or retaliation

28                              for making such a report.

29  501.001(2)(b)      2nd      Tampers with a consumer product

30                              or the container using materially

31                              false/misleading information.

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 1  624.401(4)(a)      3rd      Transacting insurance without a

 2                              certificate of authority.

 3  624.401(4)(b)1.    3rd      Transacting insurance without a

 4                              certificate of authority; premium

 5                              collected less than $20,000.

 6  626.902(1)(a) & (b)3rd      Representing an unauthorized

 7                              insurer.

 8  697.08             3rd      Equity skimming.

 9  790.15(3)          3rd      Person directs another to

10                              discharge firearm from a vehicle.

11  796.05(1)          3rd      Live on earnings of a prostitute.

12  806.10(1)          3rd      Maliciously injure, destroy, or

13                              interfere with vehicles or

14                              equipment used in firefighting.

15  806.10(2)          3rd      Interferes with or assaults

16                              firefighter in performance of

17                              duty.

18  810.09(2)(c)       3rd      Trespass on property other than

19                              structure or conveyance armed

20                              with firearm or dangerous weapon.

21  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

22                              less than $10,000.

23  812.0145(2)(c)     3rd      Theft from person 65 years of age

24                              or older; $300 or more but less

25                              than $10,000.

26  815.04(4)(b)       2nd      Computer offense devised to

27                              defraud or obtain property.

28  817.034(4)(a)3.    3rd      Engages in scheme to defraud

29                              (Florida Communications Fraud

30                              Act), property valued at less

31                              than $20,000.

                                  33

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 1  817.233            3rd      Burning to defraud insurer.

 2  817.234(8)(b)-(c)  3rd      Unlawful solicitation of persons

 3                              involved in motor vehicle

 4                              accidents.

 5  817.234(11)(a)     3rd      Insurance fraud; property value

 6                              less than $20,000.

 7  817.236            3rd      Filing a false motor vehicle

 8                              insurance application.

 9  817.2361           3rd      Creating, marketing, or

10                              presenting a false or fraudulent

11                              motor vehicle insurance card.

12  817.413(2)         3rd      Sale of used goods as new.

13  817.505(4)         3rd      Patient brokering.

14  828.12(2)          3rd      Tortures any animal with intent

15                              to inflict intense pain, serious

16                              physical injury, or death.

17  831.28(2)(a)       3rd      Counterfeiting a payment

18                              instrument with intent to defraud

19                              or possessing a counterfeit

20                              payment instrument.

21  831.29             2nd      Possession of instruments for

22                              counterfeiting drivers' licenses

23                              or identification cards.

24  838.021(3)(b)      3rd      Threatens unlawful harm to public

25                              servant.

26  843.19             3rd      Injure, disable, or kill police

27                              dog or horse.

28  860.15(3)          3rd      Overcharging for repairs and

29                              parts.

30  870.01(2)          3rd      Riot; inciting or encouraging.

31  

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 1  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

 2                              cannabis (or other s.

 3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 4                              (2)(c)3., (2)(c)5., (2)(c)6.,

 5                              (2)(c)7., (2)(c)8., (2)(c)9.,

 6                              (3), or (4) drugs).

 7  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

 8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs within 1,000

12                              feet of university.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs within 1,000

18                              feet of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)8.     3rd      Withhold information from

23                              practitioner regarding previous

24                              receipt of or prescription for a

25                              controlled substance.

26  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

27                              controlled substance by fraud,

28                              forgery, misrepresentation, etc.

29  893.13(7)(a)10.    3rd      Affix false or forged label to

30                              package of controlled substance.

31  

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 1  893.13(7)(a)11.    3rd      Furnish false or fraudulent

 2                              material information on any

 3                              document or record required by

 4                              chapter 893.

 5  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

 6                              person, or owner of an animal in

 7                              obtaining a controlled substance

 8                              through deceptive, untrue, or

 9                              fraudulent representations in or

10                              related to the practitioner's

11                              practice.

12  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

13                              practitioner's practice to assist

14                              a patient, other person, or owner

15                              of an animal in obtaining a

16                              controlled substance.

17  893.13(8)(a)3.     3rd      Knowingly write a prescription

18                              for a controlled substance for a

19                              fictitious person.

20  893.13(8)(a)4.     3rd      Write a prescription for a

21                              controlled substance for a

22                              patient, other person, or an

23                              animal if the sole purpose of

24                              writing the prescription is a

25                              monetary benefit for the

26                              practitioner.

27  918.13(1)(a)       3rd      Alter, destroy, or conceal

28                              investigation evidence.

29  944.47(1)(a)1.-2.  3rd      Introduce contraband to

30                              correctional facility.

31  

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 1  944.47(1)(c)       2nd      Possess contraband while upon the

 2                              grounds of a correctional

 3                              institution.

 4  985.3141           3rd      Escapes from a juvenile facility

 5                              (secure detention or residential

 6                              commitment facility).

 7                              (e)  LEVEL 5

 8  316.027(1)(a)      3rd      Accidents involving personal

 9                              injuries, failure to stop;

10                              leaving scene.

11  316.1935(4)        2nd      Aggravated fleeing or eluding.

12  322.34(6)          3rd      Careless operation of motor

13                              vehicle with suspended license,

14                              resulting in death or serious

15                              bodily injury.

16  327.30(5)          3rd      Vessel accidents involving

17                              personal injury; leaving scene.

18  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

19                              knowing HIV positive.

20  440.10(1)(g)       2nd      Failure to obtain workers'

21                              compensation coverage.

22  440.105(4)(f)2.    2nd      Workers' compensation insurance

23                              fraud; property value $20,000 or

24                              more but less than $100,000.

25  440.105(5)         2nd      Unlawful solicitation for the

26                              purpose of making workers'

27                              compensation claims.

28  

29  

30  

31  

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 1  440.381(2)         2nd      Submission of false, misleading,

 2                              or incomplete information with

 3                              the purpose of avoiding or

 4                              reducing workers' compensation

 5                              premiums.

 6  624.401(4)(b)2.    2nd      Transacting insurance without a

 7                              certificate or authority; premium

 8                              collected $20,000 or more but

 9                              less than $100,000.

10  626.902(1)(c)      2nd      Representing an unauthorized

11                              insurer; repeat offender.

12  790.01(2)          3rd      Carrying a concealed firearm.

13  790.162            2nd      Threat to throw or discharge

14                              destructive device.

15  790.163(1)         2nd      False report of deadly explosive

16                              or weapon of mass destruction.

17  790.221(1)         2nd      Possession of short-barreled

18                              shotgun or machine gun.

19  790.23             2nd      Felons in possession of firearms

20                              or electronic weapons or devices.

21  800.04(6)(c)       3rd      Lewd or lascivious conduct;

22                              offender less than 18 years.

23  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

24                              offender 18 years or older.

25  806.111(1)         3rd      Possess, manufacture, or dispense

26                              fire bomb with intent to damage

27                              any structure or property.

28  812.0145(2)(b)     2nd      Theft from person 65 years of age

29                              or older; $10,000 or more but

30                              less than $50,000.

31  

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    Florida Senate - 2004                                  SB 2268
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 1  812.015(8)         3rd      Retail theft; property stolen is

 2                              valued at $300 or more and one or

 3                              more specified acts.

 4  812.019(1)         2nd      Stolen property; dealing in or

 5                              trafficking in.

 6  812.131(2)(b)      3rd      Robbery by sudden snatching.

 7  812.16(2)          3rd      Owning, operating, or conducting

 8                              a chop shop.

 9  817.034(4)(a)2.    2nd      Communications fraud, value

10                              $20,000 to $50,000.

11  817.234(11)(b)     2nd      Insurance fraud; property value

12                              $20,000 or more but less than

13                              $100,000.

14  817.2341(1),

15   (2)(a)&(3)(a)     3rd      Filing false financial

16                              statements, making false entries

17                              of material fact or false

18                              statements regarding property

19                              values relating to the solvency

20                              of an insuring entity.

21  817.568(2)(b)      2nd      Fraudulent use of personal

22                              identification information; value

23                              of benefit, services received,

24                              payment avoided, or amount of

25                              injury or fraud, $5,000 or more

26                              or use of personal identification

27                              information of 10 or more

28                              individuals.

29  817.625(2)(b)      2nd      Second or subsequent fraudulent

30                              use of scanning device or

31                              reencoder.

                                  39

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 1  825.1025(4)        3rd      Lewd or lascivious exhibition in

 2                              the presence of an elderly person

 3                              or disabled adult.

 4  827.071(4)         2nd      Possess with intent to promote

 5                              any photographic material, motion

 6                              picture, etc., which includes

 7                              sexual conduct by a child.

 8  839.13(2)(b)       2nd      Falsifying records of an

 9                              individual in the care and

10                              custody of a state agency

11                              involving great bodily harm or

12                              death.

13  843.01             3rd      Resist officer with violence to

14                              person; resist arrest with

15                              violence.

16  874.05(2)          2nd      Encouraging or recruiting another

17                              to join a criminal street gang;

18                              second or subsequent offense.

19  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

20                              cocaine (or other s.

21                              893.03(1)(a), (1)(b), (1)(d),

22                              (2)(a), (2)(b), or (2)(c)4.

23                              drugs).

24  

25  

26  

27  

28  

29  

30  

31  

                                  40

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 1  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

 2                              cannabis (or other s.

 3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 4                              (2)(c)3., (2)(c)5., (2)(c)6.,

 5                              (2)(c)7., (2)(c)8., (2)(c)9.,

 6                              (3), or (4) drugs) within 1,000

 7                              feet of a child care facility,

 8                              school, or state, county, or

 9                              municipal park or publicly owned

10                              recreational facility or

11                              community center.

12  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

13                              cocaine (or other s.

14                              893.03(1)(a), (1)(b), (1)(d),

15                              (2)(a), (2)(b), or (2)(c)4.

16                              drugs) within 1,000 feet of

17                              university.

18  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

19                              cannabis or other drug prohibited

20                              under s. 893.03(1)(c), (2)(c)1.,

21                              (2)(c)2., (2)(c)3., (2)(c)5.,

22                              (2)(c)6., (2)(c)7., (2)(c)8.,

23                              (2)(c)9., (3), or (4) within

24                              1,000 feet of property used for

25                              religious services or a specified

26                              business site.

27  

28  

29  

30  

31  

                                  41

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 1  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

 2                              cocaine (or other s.

 3                              893.03(1)(a), (1)(b), (1)(d), or

 4                              (2)(a), (2)(b), or (2)(c)4.

 5                              drugs) within 1,000 feet of

 6                              public housing facility.

 7  893.13(4)(b)       2nd      Deliver to minor cannabis (or

 8                              other s. 893.03(1)(c), (2)(c)1.,

 9                              (2)(c)2., (2)(c)3., (2)(c)5.,

10                              (2)(c)6., (2)(c)7., (2)(c)8.,

11                              (2)(c)9., (3), or (4) drugs).

12                              (g)  LEVEL 7

13  316.027(1)(b)      2nd      Accident involving death, failure

14                              to stop; leaving scene.

15  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

16                              injury.

17  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

18                              bodily injury.

19  402.319(2)         2nd      Misrepresentation and negligence

20                              or intentional act resulting in

21                              great bodily harm, permanent

22                              disfiguration, permanent

23                              disability, or death.

24  409.920(2)         3rd      Medicaid provider fraud.

25  440.105(4)(f)3.    1st      Workers' compensation insurance

26                              fraud, the amount of the claim or

27                              premium $100,000 or more.

28  456.065(2)         3rd      Practicing a health care

29                              profession without a license.

30  

31  

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 1  456.065(2)         2nd      Practicing a health care

 2                              profession without a license

 3                              which results in serious bodily

 4                              injury.

 5  458.327(1)         3rd      Practicing medicine without a

 6                              license.

 7  459.013(1)         3rd      Practicing osteopathic medicine

 8                              without a license.

 9  460.411(1)         3rd      Practicing chiropractic medicine

10                              without a license.

11  461.012(1)         3rd      Practicing podiatric medicine

12                              without a license.

13  462.17             3rd      Practicing naturopathy without a

14                              license.

15  463.015(1)         3rd      Practicing optometry without a

16                              license.

17  464.016(1)         3rd      Practicing nursing without a

18                              license.

19  465.015(2)         3rd      Practicing pharmacy without a

20                              license.

21  466.026(1)         3rd      Practicing dentistry or dental

22                              hygiene without a license.

23  467.201            3rd      Practicing midwifery without a

24                              license.

25  468.366            3rd      Delivering respiratory care

26                              services without a license.

27  483.828(1)         3rd      Practicing as clinical laboratory

28                              personnel without a license.

29  483.901(9)         3rd      Practicing medical physics

30                              without a license.

31  

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 1  484.013(1)(c)      3rd      Preparing or dispensing optical

 2                              devices without a prescription.

 3  484.053            3rd      Dispensing hearing aids without a

 4                              license.

 5  494.0018(2)        1st      Conviction of any violation of

 6                              ss. 494.001-494.0077 in which the

 7                              total money and property

 8                              unlawfully obtained exceeded

 9                              $50,000 and there were five or

10                              more victims.

11  560.123(8)(b)1.    3rd      Failure to report currency or

12                              payment instruments exceeding

13                              $300 but less than $20,000 by

14                              money transmitter.

15  560.125(5)(a)      3rd      Money transmitter business by

16                              unauthorized person, currency or

17                              payment instruments exceeding

18                              $300 but less than $20,000.

19  655.50(10)(b)1.    3rd      Failure to report financial

20                              transactions exceeding $300 but

21                              less than $20,000 by financial

22                              institution.

23  782.051(3)         2nd      Attempted felony murder of a

24                              person by a person other than the

25                              perpetrator or the perpetrator of

26                              an attempted felony.

27  782.07(1)          2nd      Killing of a human being by the

28                              act, procurement, or culpable

29                              negligence of another

30                              (manslaughter).

31  

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 1  782.071            2nd      Killing of human being or viable

 2                              fetus by the operation of a motor

 3                              vehicle in a reckless manner

 4                              (vehicular homicide).

 5  782.072            2nd      Killing of a human being by the

 6                              operation of a vessel in a

 7                              reckless manner (vessel

 8                              homicide).

 9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.07(2)(d)       1st      Aggravated battery on law

19                              enforcement officer.

20  784.074(1)(a)      1st      Aggravated battery on sexually

21                              violent predators facility staff.

22  784.08(2)(a)       1st      Aggravated battery on a person 65

23                              years of age or older.

24  784.081(1)         1st      Aggravated battery on specified

25                              official or employee.

26  784.082(1)         1st      Aggravated battery by detained

27                              person on visitor or other

28                              detainee.

29  784.083(1)         1st      Aggravated battery on code

30                              inspector.

31  

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 1  790.07(4)          1st      Specified weapons violation

 2                              subsequent to previous conviction

 3                              of s. 790.07(1) or (2).

 4  790.16(1)          1st      Discharge of a machine gun under

 5                              specified circumstances.

 6  790.165(2)         2nd      Manufacture, sell, possess, or

 7                              deliver hoax bomb.

 8  790.165(3)         2nd      Possessing, displaying, or

 9                              threatening to use any hoax bomb

10                              while committing or attempting to

11                              commit a felony.

12  790.166(3)         2nd      Possessing, selling, using, or

13                              attempting to use a hoax weapon

14                              of mass destruction.

15  790.166(4)         2nd      Possessing, displaying, or

16                              threatening to use a hoax weapon

17                              of mass destruction while

18                              committing or attempting to

19                              commit a felony.

20  796.03             2nd      Procuring any person under 16

21                              years for prostitution.

22  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

23                              victim less than 12 years of age;

24                              offender less than 18 years.

25  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

26                              victim 12 years of age or older

27                              but less than 16 years; offender

28                              18 years or older.

29  806.01(2)          2nd      Maliciously damage structure by

30                              fire or explosive.

31  

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 1  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 2                              unarmed; no assault or battery.

 3  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

 4                              unarmed; no assault or battery.

 5  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 6                              unarmed; no assault or battery.

 7  812.014(2)(a)      1st      Property stolen, valued at

 8                              $100,000 or more; cargo stolen

 9                              valued at $50,000 or more;

10                              property stolen while causing

11                              other property damage; 1st degree

12                              grand theft.

13  812.014(2)(b)3.    2nd      Property stolen, emergency

14                              medical equipment; 2nd degree

15                              grand theft.

16  812.0145(2)(a)     1st      Theft from person 65 years of age

17                              or older; $50,000 or more.

18  812.019(2)         1st      Stolen property; initiates,

19                              organizes, plans, etc., the theft

20                              of property and traffics in

21                              stolen property.

22  812.131(2)(a)      2nd      Robbery by sudden snatching.

23  812.133(2)(b)      1st      Carjacking; no firearm, deadly

24                              weapon, or other weapon.

25  817.234(8)(a)      2nd      Solicitation of motor vehicle

26                              accident victims with intent to

27                              defraud.

28  817.234(9)         2nd      Organizing, planning, or

29                              participating in an intentional

30                              motor vehicle collision.

31  

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 1  817.234(11)(c)     1st      Insurance fraud; property value

 2                              $100,000 or more.

 3  817.2341(2)(b)&

 4   (3)(b)            1st      Making false entries of material

 5                              fact or false statements

 6                              regarding property values

 7                              relating to the solvency of an

 8                              insuring entity which are a

 9                              significant cause of the

10                              insolvency of that entity.

11  825.102(3)(b)      2nd      Neglecting an elderly person or

12                              disabled adult causing great

13                              bodily harm, disability, or

14                              disfigurement.

15  825.103(2)(b)      2nd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $20,000 or more, but

18                              less than $100,000.

19  827.03(3)(b)       2nd      Neglect of a child causing great

20                              bodily harm, disability, or

21                              disfigurement.

22  827.04(3)          3rd      Impregnation of a child under 16

23                              years of age by person 21 years

24                              of age or older.

25  837.05(2)          3rd      Giving false information about

26                              alleged capital felony to a law

27                              enforcement officer.

28  838.015            2nd      Bribery.

29  838.016            2nd      Unlawful compensation or reward

30                              for official behavior.

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 1  838.021(3)(a)      2nd      Unlawful harm to a public

 2                              servant.

 3  838.22             2nd      Bid tampering.

 4  872.06             2nd      Abuse of a dead human body.

 5  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 6                              cocaine (or other drug prohibited

 7                              under s. 893.03(1)(a), (1)(b),

 8                              (1)(d), (2)(a), (2)(b), or

 9                              (2)(c)4.) within 1,000 feet of a

10                              child care facility, school, or

11                              state, county, or municipal park

12                              or publicly owned recreational

13                              facility or community center.

14  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

15                              cocaine or other drug prohibited

16                              under s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4., within 1,000 feet of

19                              property used for religious

20                              services or a specified business

21                              site.

22  893.13(4)(a)       1st      Deliver to minor cocaine (or

23                              other s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4. drugs).

26  893.135(1)(a)1.    1st      Trafficking in cannabis, more

27                              than 25 lbs., less than 2,000

28                              lbs.

29  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than

30                              28 grams, less than 200 grams.

31  

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 1  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs,

 2                              more than 4 grams, less than 14

 3                              grams.

 4  893.135(1)(d)1.    1st      Trafficking in phencyclidine,

 5                              more than 28 grams, less than 200

 6                              grams.

 7  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

 8                              than 200 grams, less than 5

 9                              kilograms.

10  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

11                              than 14 grams, less than 28

12                              grams.

13  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4

14                              grams or more, less than 14

15                              grams.

16  893.135(1)(h)1.a.  1st      Trafficking in

17                              gamma-hydroxybutyric acid (GHB),

18                              1 kilogram or more, less than 5

19                              kilograms.

20  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1

21                              kilogram or more, less than 5

22                              kilograms.

23  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines,

24                              10 grams or more, less than 200

25                              grams.

26  896.101(5)(a)      3rd      Money laundering, financial

27                              transactions exceeding $300 but

28                              less than $20,000.

29  

30  

31  

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    Florida Senate - 2004                                  SB 2268
    311-1746B-04




 1  896.104(4)(a)1.    3rd      Structuring transactions to evade

 2                              reporting or registration

 3                              requirements, financial

 4                              transactions exceeding $300 but

 5                              less than $20,000.

 6         Section 13.  This act shall take effect upon becoming a

 7  law.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Authorizes certain members of limited liability companies
      to opt out of workers' compensation coverage in the same
12    manner as officers of corporations. Provides for payment
      for mental or nervous injuries resulting from sexual
13    battery or robbery. Allows insurers and self-insured
      employers to verify whether persons collecting benefits
14    are listed as employees of another employing unit.
      Revises the method for calculating the value of attendant
15    services provided by a family member. Revises practice
      parameters applicable to provision of medical care. (See
16    bill for details.)

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  51

CODING: Words stricken are deletions; words underlined are additions.