Senate Bill sb2268e1

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    CS for SB 2268                           First Engrossed (ntc)



  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. 440.106, F.S.;

20         providing a technical and conforming change

21         relating to notification requirements; amending

22         s. 440.107, F.S.; providing technical and

23         conforming changes relating to exemptions from

24         coverage requirements; amending s. 440.13,

25         F.S.; revising method of calculating the value

26         of attendant care services; revising provisions

27         relating to penalties with respect to payment

28         of medical bills; revising practice parameters

29         applicable to medical care; amending ss.

30         440.14, 440.15, F.S.; correcting

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


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    CS for SB 2268                           First Engrossed (ntc)



 1         providing duties of the Department of Financial

 2         Services in ensuring timely payment of

 3         benefits; deleting provisions that require an

 4         ongoing examination of certain claims files and

 5         provide for imposition of fines, that prohibit

 6         recoupment of penalties through rate filings,

 7         and that authorize rules for audit and

 8         standards of the Automated Carrier Performance

 9         System; amending s. 440.381, F.S.; revising

10         penalties relating to applications for

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

12         for examination of certain entities and

13         reports; providing for the department to

14         examine claims files for questionable claims

15         handling practices or a pattern of unreasonably

16         controverted claims; providing for interviews

17         of certain witnesses; prohibiting recoupment of

18         a penalty through a rate base, premium, or rate

19         filing; amending s. 921.0022, F.S.; revising

20         criminal offense severity ranking chart with

21         respect to specified offenses involving

22         workers' compensation; providing an effective

23         date.

24  

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

26  

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

28  440.02, Florida Statutes, are amended to read:

29         440.02  Definitions.--When used in this chapter, unless

30  the context clearly requires otherwise, the following terms

31  shall have the following meanings:


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    CS for SB 2268                           First Engrossed (ntc)



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

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

 3  corporate charter or articles of incorporation filed with the

 4  Division of Corporations of the Department of State or as

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

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

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

 8  liability company created and approved under chapter 608.

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

10  remuneration from an employer for the performance of any work

11  or service while engaged in any employment under any

12  appointment or contract for hire or apprenticeship, express or

13  implied, oral or written, whether lawfully or unlawfully

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

15  minors.

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

17  of a corporation and who performs services for remuneration

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

19  services are continuous.

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

21  from this chapter by filing written notice of the election

22  with the department as provided in s. 440.05.

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

24  limited liability company who are engaged in the construction

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

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

27  affiliated corporations or limited liability companies may

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

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

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

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


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    CS for SB 2268                           First Engrossed (ntc)



 1  such corporation with the Division of Corporations of the

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

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

 4  of such limited liability company created under chapter 608

 5  and the company must be listed with the Division of

 6  Corporations of the Department of State in order to elect

 7  exemption under this chapter. For purposes of this

 8  subparagraph, the term "affiliated" means and includes one or

 9  more corporations or limited liability companies or entities,

10  any one of which is a corporation or limited liability company

11  engaged in the construction industry, under the same or

12  substantially the same control of a group of business entities

13  which are connected or associated so that one entity controls

14  or has the power to control each of the other business

15  entities. The term "affiliated" includes, but is not limited

16  to, the members, officers, directors, executives, shareholders

17  active in management, employees, and agents of the affiliated

18  corporation or limited liability company. The ownership by one

19  business entity of a controlling interest in another business

20  entity or a pooling of equipment or income among business

21  entities shall be prima facie evidence that one business is

22  affiliated with the other.

23         3.  An officer of a corporation who elects to be exempt

24  from this chapter by filing a written notice of the election

25  with the department as provided in s. 440.05 is not an

26  employee.

27  

28  Services are presumed to have been rendered to the corporation

29  if the officer is compensated by other than dividends upon

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

31         (c)  "Employee" includes:


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    CS for SB 2268                           First Engrossed (ntc)



 1         1.  A sole proprietor, a member of a limited liability

 2  company, or a partner who is not engaged in the construction

 3  industry, devotes full time to the proprietorship or

 4  partnership, and elects to be included in the definition of

 5  employee by filing notice thereof as provided in s. 440.05.

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

 7  contractor as a subcontractor, unless the subcontractor has

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

 9  has otherwise secured the payment of compensation coverage as

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

11  by or as a subcontractor.

12         3.  An independent contractor working or performing

13  services in the construction industry.

14         4.  A sole proprietor who engages in the construction

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

16  construction industry.

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

18  municipality, or other governmental entity.

19         (d)  "Employee" does not include:

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

21  construction industry.

22         a.  In order to meet the definition of independent

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

24  met:

25         (I)  The independent contractor maintains a separate

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

27  materials, or similar accommodations;

28         (II)  The independent contractor holds or has applied

29  for a federal employer identification number, unless the

30  independent contractor is a sole proprietor who is not

31  


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    CS for SB 2268                           First Engrossed (ntc)



 1  required to obtain a federal employer identification number

 2  under state or federal regulations;

 3         (III)  The independent contractor receives compensation

 4  for services rendered or work performed and such compensation

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

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

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

 8  paying business expenses or other expenses related to services

 9  rendered or work performed for compensation;

10         (V)  The independent contractor performs work or is

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

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

13  of completing an employment application or process; or

14         (VI)  The independent contractor receives compensation

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

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

17  contractual agreement, unless such contractual agreement

18  expressly states that an employment relationship exists.

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

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

21  independent contractor and not an employee based on full

22  consideration of the nature of the individual situation with

23  regard to satisfying any of the following conditions:

24         (I)  The independent contractor performs or agrees to

25  perform specific services or work for a specific amount of

26  money and controls the means of performing the services or

27  work.

28         (II)  The independent contractor incurs the principal

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

30  performs or agrees to perform.

31  


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    CS for SB 2268                           First Engrossed (ntc)



 1         (III)  The independent contractor is responsible for

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

 3  she performs or agrees to perform.

 4         (IV)  The independent contractor receives compensation

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

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

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

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

 9         (VI)  The independent contractor has continuing or

10  recurring business liabilities or obligations.

11         (VII)  The success or failure of the independent

12  contractor's business depends on the relationship of business

13  receipts to expenditures.

14         c.  Notwithstanding anything to the contrary in this

15  subparagraph, an individual claiming to be an independent

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

17  independent contractor for purposes of this chapter.

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

19  writing, to perform for remuneration solely by way of

20  commission.

21         3.  Bands, orchestras, and musical and theatrical

22  performers, including disk jockeys, performing in licensed

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

24  evidencing an independent contractor relationship is entered

25  into before the commencement of such entertainment.

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

27  property under a written contract with a motor carrier which

28  evidences a relationship by which the owner-operator assumes

29  the responsibility of an employer for the performance of the

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

31  necessary motor vehicle equipment and all costs incidental to


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    CS for SB 2268                           First Engrossed (ntc)



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

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

 3  owner-operator is paid a commission for transportation service

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

 5  basis.

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

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

 8  of the employer.

 9         6.  A volunteer other than, except a volunteer worker

10  for the state or a county, municipality, or other governmental

11  entity. A person who does not receive monetary remuneration

12  for services is presumed to be a volunteer unless there is

13  substantial evidence that a valuable consideration was

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

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

16         a.  Persons who serve in private nonprofit agencies and

17  who receive no compensation other than expenses in an amount

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

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

20  if such agency does not have salaried employees who receive

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

22  compensation other than expenses in an amount less than or

23  equivalent to the customary mileage and per diem paid to

24  salaried workers in the community as determined by the

25  department; and

26         b.  Volunteers participating in federal programs

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

28         7.  Unless otherwise prohibited by this chapter, any

29  officer of a corporation who elects to be exempt from this

30  chapter. Such officer is not an employee for any reason under

31  


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    CS for SB 2268                           First Engrossed (ntc)



 1  this chapter until the notice of revocation of election filed

 2  pursuant to s. 440.05 is effective.

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

 4  liability company that is engaged in the construction industry

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

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

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

 8  revocation of election filed pursuant to s. 440.05 is

 9  effective.

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

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

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

13  into prior to the commencement of such activity which

14  evidences that an employee/employer relationship does not

15  exist.

16         10.  A taxicab, limousine, or other passenger

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

18  a written agreement with a company which provides any

19  dispatch, marketing, insurance, communications, or other

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

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

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

23  revenues.

24         11.  A person who performs services as a sports

25  official for an entity sponsoring an interscholastic sports

26  event or for a public entity or private, nonprofit

27  organization that sponsors an amateur sports event. For

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

29  contractor. For purposes of this subparagraph, the term

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

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


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    CS for SB 2268                           First Engrossed (ntc)



 1  umpires, referees, judges, linespersons, scorekeepers, or

 2  timekeepers. This subparagraph does not apply to any person

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

 4  official as required by the employing school board or who

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

 6  responsibilities during normal school hours.

 7         12.  Medicaid-enrolled clients under chapter 393 who

 8  are excluded from the definition of employment under s.

 9  443.036(21)(d)5. and served by Adult Day Training Services

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

11  a sheltered workshop setting licensed by the United States

12  Department of Labor for the purpose of training and earning

13  less than the federal hourly minimum wage.

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

15  subdivisions thereof, all public and quasi-public corporations

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

17  legal representative of a deceased person or the receiver or

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

19  agencies, employee leasing companies, and similar agents who

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

21  corporation, parties in actual control of the corporation,

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

23  exercise broad corporate powers, directors, and all

24  shareholders who directly or indirectly own a controlling

25  interest in the corporation, are considered the employer for

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

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

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

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

30  intended for immediate lease, sale, or resale.

31  


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    CS for SB 2268                           First Engrossed (ntc)



 1         (c)  Facilities serving individuals under subparagraph

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

 3  Care Administration as it relates to providing Adult Day

 4  Training Services under the Home and Community-Based Medicaid

 5  Waiver program and not employers or third parties for the

 6  purpose of limiting or denying Medicaid benefits.

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

 8  (13), (14), and (15) of section 440.05, Florida Statutes, are

 9  amended to read:

10         440.05  Election of exemption; revocation of election;

11  notice; certification.--

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

13  limited liability company who is engaged in the construction

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

15  after electing such exemption, revokes that exemption, must

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

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

18  be exempt from the provisions of this chapter must be

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

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

21  corporation or member of a limited liability company who is

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

23  list the name, federal tax identification number, social

24  security number, all certified or registered licenses issued

25  pursuant to chapter 489 held by the person seeking the

26  exemption, a copy of relevant documentation as to employment

27  status filed with the Internal Revenue Service as specified by

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

29  the primary jurisdiction of the business, and the registration

30  number of the corporation or limited liability company filed

31  with the Division of Corporations of the Department of State


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    CS for SB 2268                           First Engrossed (ntc)



 1  along with a copy of the stock certificate or certificate of

 2  membership interest evidencing the required ownership or

 3  interest under this chapter. The notice of election to be

 4  exempt must identify each corporation or limited liability

 5  company that employs the person electing the exemption and

 6  must list the social security number or federal tax

 7  identification number of each such employer and the additional

 8  documentation required by this section. In addition, the

 9  notice of election to be exempt must provide that the officer

10  or member electing an exemption is not entitled to benefits

11  under this chapter, must provide that the election does not

12  exceed exemption limits for officers or members provided in s.

13  440.02, and must certify that any employees of the corporation

14  or limited liability company whose officer or member elects an

15  exemption are covered by workers' compensation insurance. Upon

16  receipt of the notice of the election to be exempt, receipt of

17  all application fees, and a determination by the department

18  that the notice meets the requirements of this subsection, the

19  department shall issue a certification of the election to the

20  officer or member, unless the department determines that the

21  information contained in the notice is invalid. The department

22  shall revoke a certificate of election to be exempt from

23  coverage upon a determination by the department that the

24  person does not meet the requirements for exemption or that

25  the information contained in the notice of election to be

26  exempt is invalid. The certificate of election must list the

27  name of the corporation or limited liability company listed in

28  the request for exemption. A new certificate of election must

29  be obtained each time the person is employed by a new or

30  different corporation or limited liability company that is not

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


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    CS for SB 2268                           First Engrossed (ntc)



 1  certificate of election must be sent to each workers'

 2  compensation carrier identified in the request for exemption.

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

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

 5  corporate or limited liability company subcontractor must

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

 7  of election of exemption by the department, the department

 8  shall notify the workers' compensation carriers identified in

 9  the request for exemption.

10         (6)  A construction industry certificate of election to

11  be exempt which is issued in accordance with this section

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

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

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

15  The construction industry certificate must expire at midnight,

16  2 years from its issue date, as noted on the face of the

17  exemption certificate. Any person who has received from the

18  department a construction industry certificate of election to

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

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

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

22  industry certificate of election to be exempt may be revoked

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

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

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

26  construction industry certificate of exemption issued after

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

28  expiration date and an application for renewal to the

29  certificateholder at the address on the certificate.

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

31  limited liability company who is actively engaged in the


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    CS for SB 2268                           First Engrossed (ntc)



 1  construction industry and who elects an exemption from this

 2  chapter shall maintain business records as specified by the

 3  department by rule, which rules must include the provision

 4  that any corporation with exempt officers or any limited

 5  liability company with exempt members engaged in the

 6  construction industry must maintain written statements of

 7  those exempted persons affirmatively acknowledging each such

 8  individual's exempt status.

 9         (11)  Any corporate officer permitted by this chapter

10  to claim an exemption must be listed on the records of this

11  state's Secretary of State, Division of Corporations, as a

12  corporate officer. The department shall issue a stop-work

13  order under s. 440.107(1) to any corporation who employs a

14  person who claims to be exempt as a corporate officer but who

15  fails or refuses to produce the documents required under this

16  subsection to the department within 3 business days after the

17  request is made.

18         (11)(12)  Certificates of election to be exempt issued

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

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

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

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

23  exempt.

24         (12)(13)  Notices of election to be exempt and

25  certificates of election to be exempt shall be subject to

26  revocation if, at any time after the filing of the notice or

27  the issuance of the certificate, the person named on the

28  notice or certificate no longer meets the requirements of this

29  section for issuance of a certificate. The department shall

30  revoke a certificate at any time for failure of the person

31  


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    CS for SB 2268                           First Engrossed (ntc)



 1  named on the certificate to meet the requirements of this

 2  section.

 3         (13)(14)  An officer of a corporation or member of a

 4  limited liability company who elects exemption from this

 5  chapter by filing a certificate of election under this section

 6  may not recover benefits or compensation under this chapter.

 7  For purposes of determining the appropriate premium for

 8  workers' compensation coverage, carriers may not consider any

 9  officer of a corporation or member of a limited liability

10  company who validly meets the requirements of this section to

11  be an employee.

12         (14)(15)  Any corporate officer or member of a limited

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

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

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

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

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

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

19  subsection, the term "affiliated person" means:

20         (a)  The spouse of such other person;

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

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

23  of the outstanding voting securities of such other person;

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

25  percent or more of the outstanding voting securities that are

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

27  power to vote by such other person;

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

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

30  control with such other person;

31  


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    CS for SB 2268                           First Engrossed (ntc)



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

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

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

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

 5  person performing duties similar to persons in such positions;

 6  or

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

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

 9         Section 3.  Section 440.077, Florida Statutes, is

10  amended to read:

11         440.077  When a corporate officer or member of a

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

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

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

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

16  not recover benefits under this chapter.

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

18  Statutes, is amended to read:

19         440.093  Mental and nervous injuries.--

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

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

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

23  allow for the payment of benefits under this chapter for

24  mental or nervous injuries without an accompanying physical

25  injury requiring medical treatment, except in instances of

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

27  of employment. A physical injury resulting from mental or

28  nervous injuries unaccompanied by physical trauma requiring

29  medical treatment shall not be compensable under this chapter.

30  

31  


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    CS for SB 2268                           First Engrossed (ntc)



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

 2  440.105, Florida Statutes, are amended, and subsection (8) is

 3  added to that section, to read:

 4         440.105  Prohibited activities; reports; penalties;

 5  limitations.--

 6         (2)  Whoever violates any provision of this subsection

 7  commits a misdemeanor of the first degree, punishable as

 8  provided in s. 775.082 or s. 775.083.

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

10  knowingly:

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

12  employment or otherwise, an employee to obtain a certificate

13  of election of exemption pursuant to s. 440.05.

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

15  applicant because the employee or applicant has filed a claim

16  for benefits under this chapter.

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

18  personnel action against any employee for disclosing

19  information to the department or any law enforcement agency

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

21  provisions of this chapter or rules promulgated hereunder.

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

23  pursuant to s. 440.107.

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

25  revoke or cancel a workers' compensation insurance policy or

26  membership because an employer has returned an employee to

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

28  compensation claim.

29         (3)  Whoever violates any provision of this subsection

30  commits a misdemeanor of the first degree, punishable as

31  provided in s. 775.082 or s. 775.083.


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    CS for SB 2268                           First Engrossed (ntc)



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

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

 3  440.381(1) and department rules within 7 days after the

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

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

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

 7  participate in the creation of the employment relationship in

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

 9  misleading oral or written statement as evidence of identity.

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

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

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

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

14  other consideration or any gratuity from a person on account

15  of services rendered for a person in connection with any

16  proceedings arising under this chapter, unless such fee,

17  consideration, or gratuity is approved by a judge of

18  compensation claims or by the Deputy Chief Judge of

19  Compensation Claims.

20         (4)  Whoever violates any provision of this subsection

21  commits insurance fraud, punishable as provided in paragraph

22  (f).

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

24  knowingly:

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

26  fraudulent, or misleading oral or written statement to any

27  person as evidence of compliance with s. 440.38.

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

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

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

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


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    CS for SB 2268                           First Engrossed (ntc)



 1  or department maintained by such employer for the purpose of

 2  providing compensation or medical services and supplies as

 3  required by this chapter.

 4         3.  Fail to secure payment of compensation if required

 5  to do so by this chapter.

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

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

 8  fraudulent, or misleading oral or written statement for the

 9  purpose of obtaining or denying any benefit or payment under

10  this chapter.

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

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

13  payment or other benefit pursuant to any provision of this

14  chapter, knowing that such statement contains any false,

15  incomplete, or misleading information concerning any fact or

16  thing material to such claim.

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

18  oral statement that is intended to be presented to any

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

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

21  other benefit pursuant to any provision of this chapter,

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

23  misleading information concerning any fact or thing material

24  to such claim.

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

26  person to engage in activity prohibited by this section.

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

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

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

30  440.381, for the purpose of obtaining workers' compensation

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


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    CS for SB 2268                           First Engrossed (ntc)



 1  diminishing the amount of payment of any workers' compensation

 2  premiums.

 3         6.  To knowingly misrepresent or conceal payroll,

 4  classification of workers, or information regarding an

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

 6  computation and application of an experience rating

 7  modification factor for the purpose of avoiding or diminishing

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

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

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

11  any person as evidence of compliance with s. 440.38, as

12  evidence of eligibility for a certificate of exemption under

13  s. 440.05.

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

15  the department pursuant to s. 440.107.

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

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

18  any person as evidence of identity for the purpose of

19  obtaining employment or filing or supporting a claim for

20  workers' compensation benefits.

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

22  under chapter 458, osteopathic physician licensed under

23  chapter 459, chiropractic physician licensed under chapter

24  460, podiatric physician licensed under chapter 461,

25  optometric physician licensed under chapter 463, or any other

26  practitioner licensed under the laws of this state to

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

28  person to fraudulently violate any of the provisions of this

29  chapter.

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

31  governmental entity licensed under chapter 395 to maintain or


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    CS for SB 2268                           First Engrossed (ntc)



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

 2  governmental entity knowingly and willfully allows the use of

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

 4  conspiracy to fraudulently violate any of the provisions of

 5  this chapter.

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

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

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

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

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

11  of the provisions of this chapter.

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

13  subsection:

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

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

16  775.083, or s. 775.084.

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

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

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

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

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

22  775.083, or s. 775.084.

23         (8)  As a condition of receiving compensation as

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

25  authorizing the carrier to verify or determine through the

26  Agency for Workforce Innovation whether an employing unit is

27  reporting such an employee as an employee while the carrier is

28  concurrently paying workers' compensation benefits to the

29  employee.

30         Section 6.  Subsection (4) of section 440.106, Florida

31  Statutes, is amended to read:


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    CS for SB 2268                           First Engrossed (ntc)



 1         440.106  Civil remedies; administrative penalties.--

 2         (4)  The department or the Office of Insurance

 3  Regulation shall report any contractor determined in violation

 4  of requirements of this chapter to the appropriate state

 5  licensing board for disciplinary action.

 6         Section 7.  Paragraph (b) of subsection (7) of section

 7  440.107, Florida Statutes, is amended to read:

 8         440.107  Department powers to enforce employer

 9  compliance with coverage requirements.--

10         (7)

11         (b)  Stop-work orders and penalty assessment orders

12  issued under this section against a corporation, limited

13  liability company, partnership, or sole proprietorship shall

14  be in effect against any successor corporation or business

15  entity that has one or more of the same principals, or

16  officers, or members as the corporation, or partnership, or

17  limited liability company against which the stop-work order

18  was issued and are engaged in the same or equivalent trade or

19  activity.

20         Section 8.  Paragraph (b) of subsection (2) and

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

22  are amended to read:

23         440.13  Medical services and supplies; penalty for

24  violations; limitations.--

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

26         (b)  The employer shall provide appropriate

27  professional or nonprofessional attendant care performed only

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

29  medically necessary. The physician shall prescribe such care

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

31  for such care until the prescription for attendant care is


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    CS for SB 2268                           First Engrossed (ntc)



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

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

 3  the type of assistance required. A prescription for attendant

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

 5  nonprofessional attendant care provided by a family member

 6  must be determined as follows:

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

 8  family member is employed and is providing attendant care

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

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

11  hourly wage.

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

13  leave that employment to provide attendant or custodial care,

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

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

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

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

18  providing nonprofessional attendant care under this paragraph

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

20  day.

21         3.  If the family member remains employed while

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

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

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

25  available in the community at large.

26  

27  Failure of the carrier to timely comply with this subsection

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

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

30         (11)  AUDITS.--

31  


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    CS for SB 2268                           First Engrossed (ntc)



 1         (a)  The Agency for Health Care Administration may

 2  investigate health care providers to determine whether

 3  providers are complying with this chapter and with rules

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

 5  overutilization, whether providers are engaging in improper

 6  billing practices, and whether providers are adhering to

 7  practice parameters and protocols established in accordance

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

 9  provider has improperly billed, overutilized, or failed to

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

11  including, but not limited to, practice parameters and

12  protocols established in accordance with this chapter, it must

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

14  health care provider may not receive payment from the carrier

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

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

17  has received payment from a carrier for services that were

18  improperly billed, that constitute overutilization, or that

19  were outside practice parameters or protocols established in

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

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

22  $500 for each overpayment that is not refunded within 30 days

23  after notification of overpayment by the agency or carrier.

24         (b)  The department shall monitor carriers as provided

25  in this chapter and the Office of Insurance Regulation shall

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

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

28  accordance with this section and rules of the department and

29  Financial Services Commission, respectively. Any employer, if

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

31  Insurance Regulation not to be within 90 percent compliance as


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    CS for SB 2268                           First Engrossed (ntc)



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

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

 3  assessment levied against such entity under s. 440.51 for

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

 5  compliance. The department shall fine or otherwise discipline

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

 7  adopted by the department, and the Office of Insurance

 8  Regulation shall fine or otherwise discipline an insurer or

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

10  rules adopted by the Financial Services Commission, for each

11  late payment of compensation that is below the minimum

12  95-percent performance standard. Any carrier that is found to

13  be not in compliance in subsequent consecutive quarters must

14  implement a medical-bill review program approved by the

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

16  fund is subject to disciplinary action by the Office of

17  Insurance Regulation.

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

19  any matters concerning reimbursement, to resolve any

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

21  any question concerning overutilization under subsection (8),

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

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

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

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

26  by the entity responsible for utilization review; a decision

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

28  establishment by a health care provider or entity of

29  procedures by which a peer review committee reviews the

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

31  report, and recommendation of the peer review committee.


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    CS for SB 2268                           First Engrossed (ntc)



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

 2  protocols mandated under this chapter shall be the practice

 3  parameters and protocols of the National Guideline

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

 5  United States Agency for Healthcare Research and Quality in

 6  partnership with the American Medical Association and the

 7  American Association of Health Plans, or any other nationally

 8  recognized organization that, in conjunction with appropriate

 9  medical societies or organizations, makes available practice

10  parameters or clinical practice guidelines effect on January

11  1, 2003.

12         Section 9.  Subsection (4) of section 440.14, Florida

13  Statutes, is amended to read:

14         440.14  Determination of pay.--

15         (4)  Upon termination of the employee or upon

16  termination of the payment of fringe benefits of any employee

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

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

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

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

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

22         Section 10.  Paragraphs (b) and (e) of subsection (1)

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

24  amended to read:

25         440.15  Compensation for disability.--Compensation for

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

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

28         (1)  PERMANENT TOTAL DISABILITY.--

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

30  presumed to be permanently and totally disabled unless the

31  employer or carrier establishes that the employee is


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    CS for SB 2268                           First Engrossed (ntc)



 1  physically capable of engaging in at least sedentary

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

 3  residence:

 4         1.  Spinal cord injury involving severe paralysis of an

 5  arm, a leg, or the trunk;

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

 7  involving the effective loss of use of that appendage;

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

 9         a.  Severe sensory or motor disturbances;

10         b.  Severe communication disturbances;

11         c.  Severe complex integrated disturbances of cerebral

12  function;

13         d.  Severe episodic neurological disorders; or

14         e.  Other severe brain and closed-head injury

15  conditions at least as severe in nature as any condition

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

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

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

19  percent or more to the face and hands; or

20         5.  Total or industrial blindness.

21  

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

23  disability benefits, the employee must establish that he or

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

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

26  his or her physical limitation. Entitlement to such benefits

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

28  employee is not eligible for social security benefits under 42

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

30  injury has prevented the employee from working sufficient

31  quarters to be eligible for such benefits, notwithstanding any


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    CS for SB 2268                           First Engrossed (ntc)



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

 2  reaches age 70, benefits shall be payable during the

 3  continuance of permanent total disability, not to exceed 5

 4  years following the determination of permanent total

 5  disability. Only claimants with catastrophic injuries or

 6  claimants who are incapable of engaging in employment, as

 7  described in this paragraph, are eligible for permanent total

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

 9  awarded.

10         (e)1.  The employer's or carrier's right to conduct

11  vocational evaluations or testing pursuant to s. 440.491 by

12  the employer's or carrier's chosen rehabilitation advisor or

13  provider continues even after the employee has been accepted

14  or adjudicated as entitled to compensation under this chapter

15  and costs for such evaluations and testing shall be borne by

16  the employer or carrier, respectively. This right includes,

17  but is not limited to, instances in which such evaluations or

18  tests are recommended by a treating physician or independent

19  medical-examination physician, instances warranted by a change

20  in the employee's medical condition, or instances in which the

21  employee appears to be making appropriate progress in

22  recuperation. This right may not be exercised more than once

23  every calendar year.

24         2.  The carrier must confirm the scheduling of the

25  vocational evaluation or testing in writing, and must notify

26  the employee and the employee's counsel, if any, at least 7

27  days before the date on which vocational evaluation or testing

28  is scheduled to occur.

29         3.  The employer or carrier may withhold payment of

30  benefits for permanent total disability or supplements for any

31  period during which the employee willfully fails or refuses to


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    CS for SB 2268                           First Engrossed (ntc)



 1  appear without good cause for the scheduled vocational

 2  evaluation or testing.

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

 4  employee refuses employment suitable to the capacity thereof,

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

 6  entitled to any compensation at any time during the

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

 8  of the judge of compensation claims such refusal is

 9  justifiable. Time periods for the payment of benefits in

10  accordance with this section shall be counted in determining

11  the limitation of benefits as provided for in paragraphs

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

13         Section 11.  Paragraph (b) of subsection (6), paragraph

14  (b) of subsection (8), and subsections (15), (16), and (17) of

15  section 440.20, Florida Statutes, are amended to read:

16         440.20  Time for payment of compensation and medical

17  bills; penalties for late payment.--

18         (6)

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

20  1, 2004, the department shall require that all medical,

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

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

23  the carrier or its authorized vendor in accordance with

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

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

26  to be in noncompliance in the subsequent, consecutive 3-month

27  period must implement a medical-bill review program approved

28  by the department, and an insurer or group self-insurance fund

29  is subject to disciplinary action by the Office of Insurance

30  Regulation. The department shall impose penalties for late

31  payments or disallowances or denials of medical, hospital,


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    CS for SB 2268                           First Engrossed (ntc)



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

 2  timely performance standard. The carrier shall pay to the

 3  Workers' Compensation Administration Trust Fund a penalty of:

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

 5  percent timely performance standard, but meeting a 90 percent

 6  timely standard.

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

 8  timely performance standard.

 9         (8)

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

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

12  performance of carriers. The department office shall require

13  that all compensation benefits are timely paid in accordance

14  with this section. The department office shall impose

15  penalties for late payments of compensation that are below a

16  minimum 95 percent timely payment performance standard. The

17  carrier shall pay to the Workers' Compensation Administration

18  Trust Fund a penalty of:

19         1.  Fifty dollars per number of installments of

20  compensation below the 95 percent timely payment performance

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

22  payment performance standard.

23         2.  One hundred dollars per number of installments of

24  compensation below a 90 percent timely payment performance

25  standard.

26  

27  This section does not affect the imposition of any penalties

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

29  servicing agent to fulfill its administrative responsibilities

30  under this chapter, the payment practices of the servicing

31  


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    CS for SB 2268                           First Engrossed (ntc)



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

 2  purpose of assessing penalties against the carrier.

 3         (15)(a)  The office shall examine on an ongoing basis

 4  claims files in accordance with s. 624.3161 and may impose

 5  fines pursuant to s. 624.310(5) and this chapter in order to

 6  identify questionable claims-handling techniques, questionable

 7  patterns or practices of claims, or a pattern of repeated

 8  unreasonably controverted claims by carriers, as defined in s.

 9  440.02, providing services to employees pursuant to this

10  chapter. If the office finds such questionable techniques,

11  patterns, or repeated unreasonably controverted claims as

12  constitute a general business practice of a carrier, as

13  defined in s. 440.02, the office shall take appropriate action

14  so as to bring such general business practices to a halt

15  pursuant to s. 440.38(3) or may impose penalties pursuant to

16  s. 624.4211. The department and office may initiate

17  investigations of questionable techniques, patterns,

18  practices, or repeated unreasonably controverted claims. The

19  Financial Services Commission may by rule establish forms and

20  procedures for corrective action plans and for auditing

21  carriers.

22         (b)  As to any examination, investigation, or hearing

23  being conducted under this chapter, the department and office:

24         1.  May administer oaths, examine and cross-examine

25  witnesses, receive oral and documentary evidence; and

26         2.  Shall have the power to subpoena witnesses, compel

27  their attendance and testimony, and require by subpoena the

28  production of books, papers, records, files, correspondence,

29  documents, or other evidence which is relevant to the inquiry.

30         (c)  If any person refuses to comply with any such

31  subpoena or to testify as to any matter concerning which she


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    CS for SB 2268                           First Engrossed (ntc)



 1  or he may be lawfully interrogated, the Circuit Court of Leon

 2  County or of the county wherein such examination,

 3  investigation, or hearing is being conducted, or of the county

 4  wherein such person resides, may, on the application of the

 5  department or the office, issue an order requiring such person

 6  to comply with the subpoena and to testify.

 7         (d)  Subpoenas shall be served, and proof of such

 8  service made, in the same manner as if issued by a circuit

 9  court. Witness fees, costs, and reasonable travel expenses, if

10  claimed, shall be allowed the same as for testimony in a

11  circuit court.

12         (e)  The department shall publish annually a report

13  which indicates the promptness of first payment of

14  compensation records of each carrier or self-insurer so as to

15  focus attention on those carriers or self-insurers with poor

16  payment records for the preceding year. The department and the

17  office shall take appropriate steps so as to cause such poor

18  carrier payment practices to halt pursuant to s. 440.38(3). In

19  addition, the department shall take appropriate action so as

20  to halt such poor payment practices of self-insurers. "Poor

21  payment practice" means a practice of late payment sufficient

22  to constitute a general business practice.

23         (f)  The Financial Services Commission, in consultation

24  with the department, shall adopt rules providing guidelines to

25  carriers, as defined in s. 440.02, self-insurers, and

26  employers to indicate behavior that may be construed as

27  questionable claims-handling techniques, questionable patterns

28  of claims, repeated unreasonably controverted claims, or poor

29  payment practices.

30         (16)  No penalty assessed under this section may be

31  recouped by any carrier or self-insurer in the rate base, the


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    CS for SB 2268                           First Engrossed (ntc)



 1  premium, or any rate filing. The office shall enforce this

 2  subsection.

 3         (17)  The Financial Services Commission may by rule

 4  establish audit procedures and set standards for the Automated

 5  Carrier Performance System.

 6         Section 12.  Subsection (2) of section 440.381, Florida

 7  Statutes, is amended to read:

 8         440.381  Application for coverage; reporting payroll;

 9  payroll audit procedures; penalties.--

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

11  misleading, or incomplete information provided with the

12  purpose of avoiding or reducing the amount of premiums for

13  workers' compensation coverage is a felony of the second

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

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

16  filing of an application containing false, misleading, or

17  incomplete information provided with the purpose of avoiding

18  or reducing the amount of premiums for workers' compensation

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

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

21  application must contain a sworn statement by the employer

22  attesting to the accuracy of the information submitted and

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

24  application must contain a sworn statement by the agent

25  attesting that the agent explained to the employer or officer

26  the classification codes that are used for premium

27  calculations.

28         Section 13.  Subsections (1), (2), and (3) of section

29  440.525, Florida Statutes, are amended, and subsection (5) is

30  added to that section, to read:

31  


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    CS for SB 2268                           First Engrossed (ntc)



 1         440.525  Examination and investigation of carriers and

 2  claims-handling entities.--

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

 4  investigate any carrier, third-party administrator, servicing

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

 6  warranted to ensure that it is fulfilling its obligations

 7  under this chapter.

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

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

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

11  previous examination. An investigation based upon a reasonable

12  belief by the department that a material violation of this

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

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

15  department may by rule establish procedures, standards, and

16  protocols for examinations and investigations. If the

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

18  administrative penalties pursuant to this chapter. If the

19  department finds any self-insurer in violation of this

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

21  Examinations or investigations by the department may address,

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

23  unreasonable delay in claims handling; timeliness and accuracy

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

25  and 440.20; examination of claims files to determine whether

26  there are questionable claims handling practices or a pattern

27  of unreasonably controverted claims; or patterns or practices

28  of harassment, coercion, or intimidation of claimants. The

29  department may also specify by rule the documentation to be

30  maintained for each claim file.

31  


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    CS for SB 2268                           First Engrossed (ntc)



 1         (3)  As to any examination or investigation conducted

 2  under this chapter, the department shall have the power to

 3  conduct onsite inspections of claims records and documentation

 4  of a carrier, third-party administrator, servicing agent, or

 5  other claims-handling entity, and conduct interviews, both

 6  sworn and unsworn, of claims-handling personnel or other

 7  witness. Carriers, third-party administrators, servicing

 8  agents, and other claims-handling entities shall make all

 9  claims records, documentation, communication, and

10  correspondence available to department personnel during

11  regular business hours. If any person fails to comply with a

12  request for production of records or documents or fails to

13  produce an employee or other witness for interview, the

14  department may compel production or attendance by subpoena.

15  The results of an examination or investigation shall be

16  provided to the carrier, third-party administrator, servicing

17  agent, or other claims-handling entity in a written report

18  setting forth the basis for any violations that are asserted.

19  Such report is agency action for purposes of chapter 120, and

20  the aggrieved party may request a proceeding under s. 120.57

21  with regard to the findings and conclusion of the report.

22         (5)  No penalty assessed under this section may be

23  recouped by any carrier or self-insurer in the rate base, the

24  premium, or any rate filing. The office shall enforce this

25  subsection.

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

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

28  read:

29         921.0022  Criminal Punishment Code; offense severity

30  ranking chart.--

31         (3)  OFFENSE SEVERITY RANKING CHART


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    CS for SB 2268                           First Engrossed (ntc)



 1  

 2  Florida           Felony

 3  Statute           Degree             Description

 4  

 5                              (c)  LEVEL 3

 6  119.10(3)          3rd      Unlawful use of confidential

 7                              information from police reports.

 8  316.066(3)(d)-(f)  3rd      Unlawfully obtaining or using

 9                              confidential crash reports.

10  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

11  316.1935(2)        3rd      Fleeing or attempting to elude

12                              law enforcement officer in marked

13                              patrol vehicle with siren and

14                              lights activated.

15  319.30(4)          3rd      Possession by junkyard of motor

16                              vehicle with identification

17                              number plate removed.

18  319.33(1)(a)       3rd      Alter or forge any certificate of

19                              title to a motor vehicle or

20                              mobile home.

21  319.33(1)(c)       3rd      Procure or pass title on stolen

22                              vehicle.

23  319.33(4)          3rd      With intent to defraud, possess,

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

25                              unlawfully obtained title or

26                              registration.

27  327.35(2)(b)       3rd      Felony BUI.

28  328.05(2)          3rd      Possess, sell, or counterfeit

29                              fictitious, stolen, or fraudulent

30                              titles or bills of sale of

31                              vessels.


                                  36

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    CS for SB 2268                           First Engrossed (ntc)



 1  328.07(4)          3rd      Manufacture, exchange, or possess

 2                              vessel with counterfeit or wrong

 3                              ID number.

 4  370.12(1)(e)5.     3rd      Taking, disturbing, mutilating,

 5                              destroying, causing to be

 6                              destroyed, transferring, selling,

 7                              offering to sell, molesting, or

 8                              harassing marine turtles, marine

 9                              turtle eggs, or marine turtle

10                              nests in violation of the Marine

11                              Turtle Protection Act.

12  370.12(1)(e)6.     3rd      Soliciting to commit or

13                              conspiring to commit a violation

14                              of the Marine Turtle Protection

15                              Act.

16  376.302(5)         3rd      Fraud related to reimbursement

17                              for cleanup expenses under the

18                              Inland Protection Trust Fund.

19  400.903(3)         3rd      Operating a clinic without a

20                              license or filing false license

21                              application or other required

22                              information.

23  440.105(3)(b)      3rd      Receipt of fee or consideration

24                              without approval by judge of

25                              compensation claims.

26  440.105(4)(f)1.    3rd      Workers' compensation insurance

27                              fraud; property value less than

28                              $20,000.

29  440.1051(3)        3rd      False report of workers'

30                              compensation fraud or retaliation

31                              for making such a report.


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    CS for SB 2268                           First Engrossed (ntc)



 1  501.001(2)(b)      2nd      Tampers with a consumer product

 2                              or the container using materially

 3                              false/misleading information.

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

 5                              certificate of authority.

 6  624.401(4)(b)1.    3rd      Transacting insurance without a

 7                              certificate of authority; premium

 8                              collected less than $20,000.

 9  626.902(1)(a) & (b)3rd      Representing an unauthorized

10                              insurer.

11  697.08             3rd      Equity skimming.

12  790.15(3)          3rd      Person directs another to

13                              discharge firearm from a vehicle.

14  796.05(1)          3rd      Live on earnings of a prostitute.

15  806.10(1)          3rd      Maliciously injure, destroy, or

16                              interfere with vehicles or

17                              equipment used in firefighting.

18  806.10(2)          3rd      Interferes with or assaults

19                              firefighter in performance of

20                              duty.

21  810.09(2)(c)       3rd      Trespass on property other than

22                              structure or conveyance armed

23                              with firearm or dangerous weapon.

24  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

25                              less than $10,000.

26  812.0145(2)(c)     3rd      Theft from person 65 years of age

27                              or older; $300 or more but less

28                              than $10,000.

29  815.04(4)(b)       2nd      Computer offense devised to

30                              defraud or obtain property.

31  


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    CS for SB 2268                           First Engrossed (ntc)



 1  817.034(4)(a)3.    3rd      Engages in scheme to defraud

 2                              (Florida Communications Fraud

 3                              Act), property valued at less

 4                              than $20,000.

 5  817.233            3rd      Burning to defraud insurer.

 6  817.234(8)(b)-(c)  3rd      Unlawful solicitation of persons

 7                              involved in motor vehicle

 8                              accidents.

 9  817.234(11)(a)     3rd      Insurance fraud; property value

10                              less than $20,000.

11  817.236            3rd      Filing a false motor vehicle

12                              insurance application.

13  817.2361           3rd      Creating, marketing, or

14                              presenting a false or fraudulent

15                              motor vehicle insurance card.

16  817.413(2)         3rd      Sale of used goods as new.

17  817.505(4)         3rd      Patient brokering.

18  828.12(2)          3rd      Tortures any animal with intent

19                              to inflict intense pain, serious

20                              physical injury, or death.

21  831.28(2)(a)       3rd      Counterfeiting a payment

22                              instrument with intent to defraud

23                              or possessing a counterfeit

24                              payment instrument.

25  831.29             2nd      Possession of instruments for

26                              counterfeiting drivers' licenses

27                              or identification cards.

28  838.021(3)(b)      3rd      Threatens unlawful harm to public

29                              servant.

30  843.19             3rd      Injure, disable, or kill police

31                              dog or horse.


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    CS for SB 2268                           First Engrossed (ntc)



 1  860.15(3)          3rd      Overcharging for repairs and

 2                              parts.

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

 4  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

 5                              cannabis (or other s.

 6                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

10  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

11                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

15                              feet of university.

16  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

17                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

21                              feet of public housing facility.

22  893.13(6)(a)       3rd      Possession of any controlled

23                              substance other than felony

24                              possession of cannabis.

25  893.13(7)(a)8.     3rd      Withhold information from

26                              practitioner regarding previous

27                              receipt of or prescription for a

28                              controlled substance.

29  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

30                              controlled substance by fraud,

31                              forgery, misrepresentation, etc.


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    CS for SB 2268                           First Engrossed (ntc)



 1  893.13(7)(a)10.    3rd      Affix false or forged label to

 2                              package of controlled substance.

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

 4                              material information on any

 5                              document or record required by

 6                              chapter 893.

 7  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

 8                              person, or owner of an animal in

 9                              obtaining a controlled substance

10                              through deceptive, untrue, or

11                              fraudulent representations in or

12                              related to the practitioner's

13                              practice.

14  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

15                              practitioner's practice to assist

16                              a patient, other person, or owner

17                              of an animal in obtaining a

18                              controlled substance.

19  893.13(8)(a)3.     3rd      Knowingly write a prescription

20                              for a controlled substance for a

21                              fictitious person.

22  893.13(8)(a)4.     3rd      Write a prescription for a

23                              controlled substance for a

24                              patient, other person, or an

25                              animal if the sole purpose of

26                              writing the prescription is a

27                              monetary benefit for the

28                              practitioner.

29  918.13(1)(a)       3rd      Alter, destroy, or conceal

30                              investigation evidence.

31  


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    CS for SB 2268                           First Engrossed (ntc)



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

 2                              correctional facility.

 3  944.47(1)(c)       2nd      Possess contraband while upon the

 4                              grounds of a correctional

 5                              institution.

 6  985.3141           3rd      Escapes from a juvenile facility

 7                              (secure detention or residential

 8                              commitment facility).

 9                              (e)  LEVEL 5

10  316.027(1)(a)      3rd      Accidents involving personal

11                              injuries, failure to stop;

12                              leaving scene.

13  316.1935(4)        2nd      Aggravated fleeing or eluding.

14  322.34(6)          3rd      Careless operation of motor

15                              vehicle with suspended license,

16                              resulting in death or serious

17                              bodily injury.

18  327.30(5)          3rd      Vessel accidents involving

19                              personal injury; leaving scene.

20  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

21                              knowing HIV positive.

22  440.10(1)(g)       2nd      Failure to obtain workers'

23                              compensation coverage.

24  440.105(4)(f)2.    2nd      Workers' compensation insurance

25                              fraud; property value $20,000 or

26                              more but less than $100,000.

27  440.105(5)         2nd      Unlawful solicitation for the

28                              purpose of making workers'

29                              compensation claims.

30  

31  


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    CS for SB 2268                           First Engrossed (ntc)



 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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    CS for SB 2268                           First Engrossed (ntc)



 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.


                                  44

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    CS for SB 2268                           First Engrossed (ntc)



 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  


                                  45

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    CS for SB 2268                           First Engrossed (ntc)



 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  


                                  46

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    CS for SB 2268                           First Engrossed (ntc)



 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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    CS for SB 2268                           First Engrossed (ntc)



 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  


                                  48

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    CS for SB 2268                           First Engrossed (ntc)



 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  


                                  49

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    CS for SB 2268                           First Engrossed (ntc)



 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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    CS for SB 2268                           First Engrossed (ntc)



 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.

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    CS for SB 2268                           First Engrossed (ntc)



 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.

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    CS for SB 2268                           First Engrossed (ntc)



 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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    CS for SB 2268                           First Engrossed (ntc)



 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.

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    CS for SB 2268                           First Engrossed (ntc)



 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  

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    CS for SB 2268                           First Engrossed (ntc)



 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 15.  This act shall take effect upon becoming a

 7  law.

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