HB 1693

1	A bill to be entitled
2	An act relating to unemployment compensation; amending s.
3	120.80, F.S.; providing an exemption for special deputies
4	from uniform rules of procedure; amending s. 443.071,
5	F.S.; providing penalties for false employer schemes;
6	providing the requirements for establishing prima facie
7	evidence; authorizing certain access to records relating
8	to investigations of unemployment fraud; amending s.
9	443.091, F.S.; clarifying benefit eligibility; amending s.
10	443.1216, F.S.; clarifying the persons that employee
11	leasing companies may lease to a client; clarifying the
12	exemption of certain service from the definition of
13	employment; amending s. 443.1217, F.S.; clarifying exempt
14	wages for the purpose of determining employer
15	contributions; amending s. 443.131, F.S.; revising the
16	definition of "total excess payments"; prohibiting the
17	transfer of unemployment experience by acquisition of a
18	business in certain cases; providing for calculation of
19	unemployment experience rating; providing penalties;
20	amending s. 443.151, F.S.; providing for dismissal of
21	untimely filed appeals; extending a deadline for
22	recoupment of benefits; amending s. 895.02, F.S.; revising
23	the definition of "racketeering activity"; reenacting ss.
24	16.56(1)(a) and 905.34(3), F.S., relating to the Office of
25	Statewide Prosecution and to the powers and duties of a
26	statewide grand jury, respectively, to incorporate the
27	amendment to s. 895.02, F.S., in a reference thereto;
28	providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Paragraph (b) of subsection (10) of section
33	120.80, Florida Statutes, is amended to read:
34	120.80  Exceptions and special requirements; agencies.--
35	(10)  AGENCY FOR WORKFORCE INNOVATION.--
36	(b)  Notwithstanding s. 120.54(5), the uniform rules of
37	procedure do not apply to appeal proceedings conducted under
38	chapter 443 by the Unemployment Appeals Commission, special
39	deputies, or unemployment appeals referees.
40	Section 2.  Subsection (4) of section 443.071, Florida
41	Statutes, is renumbered as subsection (5) and amended, and new
42	subsections (4), (6), (7), and (8) are added to said section, to
43	read:
44	443.071  Penalties.--
45	(4)  Any person who establishes a fictitious employing unit
46	by submitting to the Agency for Workforce Innovation or its tax
47	collection service provider fraudulent employing unit records or
48	tax or wage reports by the introduction of fraudulent records
49	into a computer system, the unauthorized use of computer
50	facilities, the intentional or deliberate alteration or
51	destruction of computerized information or files, or the
52	stealing of financial instruments, data, and other assets, for
53	the purpose of enabling herself or himself or any other person
54	to receive benefits under this chapter to which such person is
55	not entitled, commits a felony of the third degree, punishable
56	as provided in s. 775.082, s. 775.083, or s. 775.084.
57	(5)(4)  In any prosecution or action under this section,
58	the entry into evidence of the signature of a person on a
59	document, letter, or other writing constitutes prima facie
60	evidence of the person's identity if the following conditions
61	exist:
62	(a)  The document includes the person's name, residence
63	address, and social security number person gives her or his
64	name, residence address, home telephone number, present or
65	former place of employment, gender, date of birth, social
66	security number, height, weight, and race.
67	(b)  The signature of the person is witnessed by an agent
68	or employee of the Agency for Workforce Innovation or its tax
69	collection service provider at the time the document, letter, or
70	other writing is filed.
71	(6)  The entry into evidence of an application for
72	unemployment benefits initiated by the use of the internet
73	claims program or the interactive voice response system
74	telephone claims program of the Agency for Workforce Innovation
75	constitutes prima facie evidence of the establishment of a
76	personal benefit account by or for an individual if the
77	following information is provided: the applicant's name,
78	residence address, date of birth, social security number, and
79	present or former place of employment.
80	(7)  The entry into evidence of a transaction history
81	generated by a personal identification number (PIN) establishing
82	that a certification or claim for one or more weeks of benefits
83	was made against the benefit account of the individual, together
84	with documentation that payment was paid by a state warrant made
85	to the order of the person or by direct deposit via electronic
86	benefit transfer, constitutes prima facie evidence that the
87	person claimed and received unemployment benefits from the
88	state.
89	(8)  All records relating to investigations of unemployment
90	fraud in the custody of the Agency for Workforce Innovation are
91	available for examination by the Department of Law Enforcement,
92	the states attorneys, or the Office of the Statewide Prosecutor
93	in the prosecution of offenses under s. 817.568 or in
94	proceedings brought under this chapter.
95	Section 3.  Paragraph (c) of subsection (1) of section
96	443.091, Florida Statutes, is amended to read:
97	443.091  Benefit eligibility conditions.--
98	(1)  An unemployed individual is eligible to receive
99	benefits for any week only if the Agency for Workforce
100	Innovation finds that:
101	(c)1.  She or he is able to work and is available for work.
102	In order to assess eligibility for a claimed week of
103	unemployment, the Agency for Workforce Innovation shall develop
104	criteria to determine a claimant's ability to work and
105	availability for work.
106	2.  Notwithstanding any other provision of this paragraph
107	or paragraphs (b) and (d) section, an otherwise eligible
108	individual may not be denied benefits for any week because she
109	or he is in training with the approval of the Agency for
110	Workforce Innovation, and such an individual may not be denied
111	benefits for any week in which she or he is in training with the
112	approval of the Agency for Workforce Innovation by reason of
113	subparagraph 1. relating to availability for work, or s.
114	443.101(2) relating to failure to apply for, or refusal to
115	accept, suitable work. Training may be approved by the Agency
116	for Workforce Innovation in accordance with criteria prescribed
117	by rule. A claimant's eligibility during approved training is
118	contingent upon satisfying eligibility conditions prescribed by
119	rule.
120	3.  Notwithstanding any other provision of this chapter, an
121	individual who is in training approved under s. 236(a)(1) of the
122	Trade Act of 1974, as amended, may not be determined to be
123	ineligible or disqualified for benefits with respect to her or
124	his enrollment in such training or because of leaving work that
125	is not suitable employment to enter such training. As used in
126	this subparagraph, the term "suitable employment" means, for a
127	worker, work of a substantially equal or higher skill level than
128	the worker's past adversely affected employment, as defined for
129	purposes of the Trade Act of 1974, as amended, the wages for
130	which are at least 80 percent of the worker's average weekly
131	wage as determined for purposes of the Trade Act of 1974, as
132	amended.
133	4.  Notwithstanding any other provision of this section, an
134	otherwise eligible individual may not be denied benefits for any
135	week by reason of subparagraph 1. because she or he is before
136	any court of the United States or any state under a lawfully
137	issued summons to appear for jury duty.
138	Section 4.  Subsections (1) and (13) of section 443.1216,
139	Florida Statutes, are amended to read:
140	443.1216  Employment.--Employment, as defined in s.
141	443.036, is subject to this chapter under the following
142	conditions:
143	(1)(a)  The employment subject to this chapter includes a
144	service performed, including a service performed in interstate
145	commerce, by:
146	1.  An officer of a corporation.
147	2.  An individual who, under the usual common-law rules
148	applicable in determining the employer-employee relationship, is
149	an employee. However, whenever a client, as defined in s.
150	443.036(18), which would otherwise be designated as an employing
151	unit has contracted with an employee leasing company to supply
152	it with workers, those workers are considered employees of the
153	employee leasing company. An employee leasing company may lease
154	corporate officers of the client to the client and to other
155	workers to the client, except as prohibited by regulations of
156	the Internal Revenue Service. Employees of an employee leasing
157	company must be reported under the employee leasing company's
158	tax identification number and contribution rate for work
159	performed for the employee leasing company.
160	3.  An individual other than an individual who is an
161	employee under subparagraph 1. or subparagraph 2., who performs
162	services for remuneration for any person:
163	a.  As an agent-driver or commission-driver engaged in
164	distributing meat products, vegetable products, fruit products,
165	bakery products, beverages other than milk, or laundry or
166	drycleaning services for his or her principal.
167	b.  As a traveling or city salesperson engaged on a full-
168	time basis in the solicitation on behalf of, and the
169	transmission to, his or her principal of orders from
170	wholesalers, retailers, contractors, or operators of hotels,
171	restaurants, or other similar establishments for merchandise for
172	resale or supplies for use in their business operations. This
173	sub-subparagraph does not apply to an agent-driver or a
174	commission-driver and does not apply to sideline sales
175	activities performed on behalf of a person other than the
176	salesperson's principal.
177	4.  The services described in subparagraph 3. are
178	employment subject to this chapter only if:
179	a.  The contract of service contemplates that substantially
180	all of the services are to be performed personally by the
181	individual;
182	b.  The individual does not have a substantial investment
183	in facilities used in connection with the services, other than
184	facilities used for transportation; and
185	c.  The services are not in the nature of a single
186	transaction that is not part of a continuing relationship with
187	the person for whom the services are performed.
188	(b)  Notwithstanding any other provision of this section,
189	service for which a tax is required to be paid under any federal
190	law imposing a tax against which credit may be taken for
191	contributions required to be paid into a state unemployment fund
192	or which as a condition for full tax credit against the tax
193	imposed by the Federal Unemployment Tax Act is required to be
194	covered under this chapter.
195	(c)  If the services performed during at least one-half of
196	a pay period by an employee for the person employing him or her
197	constitute employment, all of the services performed by the
198	employee during the period are deemed to be employment. If the
199	services performed during more than one-half of the pay period
200	by an employee for the person employing him or her do not
201	constitute employment, all of the services performed by the
202	employee during the period are not deemed to be employment. This
203	paragraph does not apply to services performed in a pay period
204	by an employee for the person employing him or her if any of
205	those services are exempted under paragraph (13)(g).
206	(d)  If two or more related corporations concurrently
207	employ the same individual and compensate the individual through
208	a common paymaster, each related corporation is considered to
209	have paid wages to the individual only in the amounts actually
210	disbursed by that corporation to the individual and is not
211	considered to have paid the wages actually disbursed to the
212	individual by another of the related corporations.
213	1.  As used in this paragraph, the term "common paymaster"
214	means a member of a group of related corporations that disburses
215	wages to concurrent employees on behalf of the related
216	corporations and that is responsible for keeping payroll records
217	for those concurrent employees. A common paymaster is not
218	required to disburse wages to all the employees of the related
219	corporations; however, this subparagraph does not apply to wages
220	of concurrent employees which are not disbursed through a common
221	paymaster. A common paymaster must pay concurrently employed
222	individuals under this subparagraph by one combined paycheck.
223	2.  As used in this paragraph, the term "concurrent
224	employment" means the existence of simultaneous employment
225	relationships between an individual and related corporations.
226	Those relationships require the performance of services by the
227	employee for the benefit of the related corporations, including
228	the common paymaster, in exchange for wages that, if deductible
229	for the purposes of federal income tax, are deductible by the
230	related corporations.
231	3.  Corporations are considered related corporations for an
232	entire calendar quarter if they satisfy any one of the following
233	tests at any time during the calendar quarter:
234	a.  The corporations are members of a "controlled group of
235	corporations" as defined in s. 1563 of the Internal Revenue Code
236	of 1986 or would be members if paragraph 1563(a)(4) and
237	subsection 1563(b) did not apply.
238	b.  In the case of a corporation that does not issue stock,
239	at least 50 percent of the members of the board of directors or
240	other governing body of one corporation are members of the board
241	of directors or other governing body of the other corporation or
242	the holders of at least 50 percent of the voting power to select
243	those members are concurrently the holders of at least 50
244	percent of the voting power to select those members of the other
245	corporation.
246	c.  At least 50 percent of the officers of one corporation
247	are concurrently officers of the other corporation.
248	d.  At least 30 percent of the employees of one corporation
249	are concurrently employees of the other corporation.
250	4.  The common paymaster must report to the tax collection
251	service provider, as part of the unemployment compensation
252	quarterly tax and wage report, the state unemployment
253	compensation account number and name of each related corporation
254	for which concurrent employees are being reported. Failure to
255	timely report this information shall result in the related
256	corporations being denied common paymaster status for that
257	calendar quarter.
258	5.  The common paymaster also has the primary
259	responsibility for remitting contributions due under this
260	chapter for the wages it disburses as the common paymaster. The
261	common paymaster must compute these contributions as though it
262	were the sole employer of the concurrently employed individuals.
263	If a common paymaster fails to timely remit these contributions
264	or reports, in whole or in part, the common paymaster remains
265	liable for the full amount of the unpaid portion of these
266	contributions. In addition, each of the other related
267	corporations using the common paymaster is jointly and severally
268	liable for its appropriate share of these contributions. Each
269	related corporation's share equals the greater of:
270	a.  The liability of the common paymaster under this
271	chapter, after taking into account any contributions made.
272	b.  The liability under this chapter which, notwithstanding
273	this section, would have existed for the wages from the other
274	related corporations, reduced by an allocable portion of any
275	contributions previously paid by the common paymaster for those
276	wages.
277	(13)  The following are employment is exempt from coverage
278	under this chapter:
279	(a)  Domestic service in a private home, local college
280	club, or local chapter of a college fraternity or sorority,
281	except as provided in subsection (6).
282	(b)  Service performed on or in connection with a vessel or
283	aircraft that is not an American vessel or American aircraft, if
284	the employee is employed on and in connection with the vessel or
285	aircraft while the vessel or aircraft is outside the United
286	States.
287	(c)  Service performed by an individual engaged in, or as
288	an officer or member of the crew of a vessel engaged in, the
289	catching, taking, harvesting, cultivating, or farming of any
290	kind of fish, shellfish, crustacea, sponges, seaweeds, or other
291	aquatic forms of animal and vegetable life, including service
292	performed by an individual as an ordinary incident to engaging
293	in those activities, except:
294	1.  Service performed in connection with the catching or
295	taking of salmon or halibut for commercial purposes.
296	2.  Service performed on, or in connection with, a vessel
297	of more than 10 net tons, determined in the manner provided for
298	determining the registered tonnage of merchant vessels under the
299	laws of the United States.
300	(d)  Service performed by an individual in the employ of
301	his or her son, daughter, or spouse, including step
302	relationships, and service performed by a child, or stepchild,
303	under the age of 21 in the employ of his or her father, mother,
304	stepfather, or stepmother.
305	(e)  Service performed in the employ of the Federal
306	Government or of an instrumentality of the Federal Government
307	which is:
308	1.  Wholly or partially owned by the United States.
309	2.  Exempt from the tax imposed by s. 3301 of the Internal
310	Revenue Code under a federal law that specifically cites s.
311	3301, or the corresponding section of prior law, in granting the
312	exemption. However, to the extent that the United States
313	Congress permits the state to require an instrumentality of the
314	Federal Government to make payments into the Unemployment
315	Compensation Trust Fund under this chapter, this chapter applies
316	to that instrumentality, and to services performed for that
317	instrumentality, in the same manner, to the same extent, and on
318	the same terms as other employers, employing units, individuals,
319	and services. If this state is not certified for any year by the
320	Secretary of Labor under s. 3304 of the federal Internal Revenue
321	Code, the tax collection service provider shall refund the
322	payments required of each instrumentality of the Federal
323	Government for that year from the fund in the same manner and
324	within the same period as provided in s. 443.141(6) for
325	contributions erroneously collected.
326	(f)  Service performed in the employ of a public employer
327	as defined in s. 443.036, except as provided in subsection (2),
328	and service performed in the employ of an instrumentality of a
329	public employer as described in s. 443.036(35)(b) or (c), to the
330	extent that the instrumentality is immune under the United
331	States Constitution from the tax imposed by s. 3301 of the
332	Internal Revenue Code for that service.
333	(g)  Service performed in the employ of a corporation,
334	community chest, fund, or foundation that is organized and
335	operated exclusively for religious, charitable, scientific,
336	testing for public safety, literary, or educational purposes or
337	for the prevention of cruelty to children or animals. This
338	exemption does not apply to an employer if part of the
339	employer's net earnings inures to the benefit of any private
340	shareholder or individual or if a substantial part of the
341	employer's activities involve carrying on propaganda, otherwise
342	attempting to influence legislation, or participating or
343	intervening in, including the publishing or distributing of
344	statements, a political campaign on behalf of a candidate for
345	public office, except as provided in subsection (3).
346	(h)  Service for which unemployment compensation is payable
347	under an unemployment compensation system established by the
348	United States Congress, of which this chapter is not a part.
349	(i)1.  Service performed during a calendar quarter in the
350	employ of an organization exempt from the federal income tax
351	under s. 501(a) of the Internal Revenue Code, other than an
352	organization described in s. 401(a), or under s. 521, if the
353	remuneration for the service is less than $50.
354	2.  Service performed in the employ of a school, college,
355	or university, if the service is performed by a student who is
356	enrolled and is regularly attending classes at the school,
357	college, or university.
358	(j)  Service performed in the employ of a foreign
359	government, including service as a consular or other officer or
360	employee of a nondiplomatic representative.
361	(k)  Service performed in the employ of an instrumentality
362	wholly owned by a foreign government if:
363	1.  The service is of a character similar to that performed
364	in foreign countries by employees of the Federal Government or
365	of an instrumentality of the Federal Government; and
366	2.  The United States Secretary of State certifies to the
367	United States Secretary of the Treasury that the foreign
368	government for whose instrumentality the exemption is claimed
369	grants an equivalent exemption for similar service performed in
370	the foreign country by employees of the Federal Government and
371	of instrumentalities of the Federal Government.
372	(l)  Service performed as a student nurse in the employ of
373	a hospital or a nurses' training school by an individual who is
374	enrolled and is regularly attending classes in a nurses'
375	training school chartered or approved under state law, service
376	performed as an intern in the employ of a hospital by an
377	individual who has completed a 4-year course in a medical school
378	chartered or approved under state law, and service performed by
379	a patient of a hospital for the hospital.
380	(m)  Service performed by an individual for a person as an
381	insurance agent or as an insurance solicitor, if all of the
382	service performed by the individual for that person is performed
383	for remuneration solely by way of commission, except for
384	services performed in accordance with 26 U.S.C. s. 3306(c)(7)
385	and (8). For purposes of this section, those benefits excluded
386	from the wages subject to this chapter under s. 443.1217(2)(b)-
387	(f), inclusive, are not considered remuneration.
388	(n)  Service performed by an individual for a person as a
389	real estate salesperson or agent, if all of the service
390	performed by the individual for that person is performed for
391	remuneration solely by way of commission.
392	(o)  Service performed by an individual under the age of 18
393	in the delivery or distribution of newspapers or shopping news,
394	excluding delivery or distribution to any point for subsequent
395	delivery or distribution.
396	(p)  Service covered by an arrangement between the Agency
397	for Workforce Innovation, or its tax collection service
398	provider, and the agency charged with the administration of
399	another state or federal unemployment compensation law under
400	which all services performed by an individual for an employing
401	unit during the period covered by the employing unit's duly
402	approved election is deemed to be performed entirely within the
403	other agency's state or under the federal law.
404	(q)  Service performed by an individual enrolled at a
405	nonprofit or public educational institution that normally
406	maintains a regular faculty and curriculum and normally has a
407	regularly organized body of students in attendance at the place
408	where its educational activities are carried on, if the
409	institution certifies to the employer that the individual is a
410	student in a full-time program, taken for credit at the
411	institution that combines academic instruction with work
412	experience, and that the service is an integral part of the
413	program. This paragraph does not apply to service performed in a
414	program established for or on behalf of an employer or group of
415	employers.
416	(r)  Service performed by an individual for a person as a
417	barber, if all of the service performed by the individual for
418	that person is performed for remuneration solely by way of
419	commission.
420	(s)  Casual labor not in the course of the employer's trade
421	or business.
422	(t)  Service performed by a speech therapist, occupational
423	therapist, or physical therapist who is nonsalaried and working
424	under a written contract with a home health agency as defined in
425	s. 400.462.
426	(u)  Service performed by a direct seller. As used in this
427	paragraph, the term "direct seller" means a person:
428	1.a.  Who is engaged in the trade or business of selling or
429	soliciting the sale of consumer products to buyers on a buy-sell
430	basis, on a deposit-commission basis, or on a similar basis, for
431	resale in the home or in another place that is not a permanent
432	retail establishment; or
433	b.  Who is engaged in the trade or business of selling or
434	soliciting the sale of consumer products in the home or in
435	another place that is not a permanent retail establishment;
436	2.  Substantially all of whose remuneration for services
437	described in subparagraph 1., regardless of whether paid in
438	cash, is directly related to sales or other output, rather than
439	to the number of hours worked; and
440	3.  Who performs the services under a written contract with
441	the person for whom the services are performed, if the contract
442	provides that the person will not be treated as an employee for
443	those services for federal tax purposes.
444	(v)  Service performed by a nonresident alien for the
445	period he or she is temporarily present in the United States as
446	a nonimmigrant under subparagraph (F) or subparagraph (J) of s.
447	101(a)(15) of the Immigration and Nationality Act, and which is
448	performed to carry out the purpose specified in subparagraph (F)
449	or subparagraph (J), as applicable.
450	(w)  Service performed by an individual for remuneration
451	for a private, for-profit delivery or messenger service, if the
452	individual:
453	1.  Is free to accept or reject jobs from the delivery or
454	messenger service and the delivery or messenger service does not
455	have control over when the individual works;
456	2.  Is remunerated for each delivery, or the remuneration
457	is based on factors that relate to the work performed, including
458	receipt of a percentage of any rate schedule;
459	3.  Pays all expenses, and the opportunity for profit or
460	loss rests solely with the individual;
461	4.  Is responsible for operating costs, including fuel,
462	repairs, supplies, and motor vehicle insurance;
463	5.  Determines the method of performing the service,
464	including selection of routes and order of deliveries;
465	6.  Is responsible for the completion of a specific job and
466	is liable for any failure to complete that job;
467	7.  Enters into a contract with the delivery or messenger
468	service which specifies that the individual is an independent
469	contractor and not an employee of the delivery or messenger
470	service; and
471	8.  Provides the vehicle used to perform the service.
472	(x)  Service performed in agricultural labor by an
473	individual who is an alien admitted to the United States to
474	perform service in agricultural labor under ss. 101(a)(15)(H)
475	and 214(c) of the Immigration and Nationality Act.
476	(y)  Service performed by a person who is an inmate of a
477	penal institution.
478	Section 5.  Subsection (2) of section 443.1217, Florida
479	Statutes, is amended to read:
480	443.1217  Wages.--
481	(2)  For the purpose of determining an employer's
482	contributions, the following wages are exempt from this chapter:
483	(a)  That part of remuneration paid to an individual by an
484	employer for employment during a calendar year in excess of the
485	first $7,000 of remuneration paid to the individual by the
486	employer or his or her predecessor during that calendar year,
487	unless that part of the remuneration is subject to a tax, under
488	a federal law imposing the tax, against which credit may be
489	taken for contributions required to be paid into a state
490	unemployment fund. As used in this section only, the term
491	"employment" includes services constituting employment under any
492	employment security law of another state or of the Federal
493	Government.
494	(b)  Payment by an employing unit with respect to services
495	performed for, or on behalf of, an individual employed by the
496	employing unit under a plan or system established by the
497	employing unit which provides for payment to its employees
498	generally or to a class of its employees, including any amount
499	paid by the employing unit for insurance or annuities or paid
500	into a fund on account of:
501	1.  Sickness or accident disability. When payment is made
502	to an employee or any of his or her dependents, this
503	subparagraph exempts from the wages subject to this chapter only
504	those payments received under a workers' compensation law.
505	2.  Medical and hospitalization expenses in connection with
506	sickness or accident disability.
507	3.  Death, if the employee:
508	a.  Does not have the option to receive, in lieu of the
509	death benefit, part of the payment or, if the death benefit is
510	insured, part of the premiums or contributions to premiums paid
511	by his or her employing unit; and
512	b.  Does not have the right under the plan, system, or
513	policy providing the death benefit to assign the benefit or to
514	receive cash consideration in lieu of the benefit upon his or
515	her withdrawal from the plan or system; upon termination of the
516	plan, system, or policy; or upon termination of his or her
517	services with the employing unit.
518	(c)  Payment on account of sickness or accident disability,
519	or payment of medical or hospitalization expenses in connection
520	with sickness or accident disability, by an employing unit to,
521	or on behalf of, an individual performing services for the
522	employing unit more than 6 calendar months after the last
523	calendar month the individual performed services for the
524	employing unit.
525	(d)  Payment by an employing unit, without deduction from
526	the remuneration of an individual employed by the employing
527	unit, of the tax imposed upon the individual under s. 3101 of
528	the federal Internal Revenue Code for services performed.
529	(e)  The value of:
530	1.  Meals furnished to an employee or the employee's spouse
531	or dependents by the employer on the business premises of the
532	employer for the convenience of the employer; or
533	2.  Lodging furnished to an employee or the employee's
534	spouse or dependents by the employer on the business premises of
535	the employer for the convenience of the employer when lodging is
536	included as a condition of employment.
537	(f)  Payment made by an employing unit to, or on behalf of,
538	an individual performing services for the employing unit or a
539	beneficiary of the individual:
540	1.  From or to a trust described in s. 401(a) of the
541	Internal Revenue Code of 1954 which is exempt from tax under s.
542	501(a) at the time of payment, unless payment is made to an
543	employee of the trust as remuneration for services rendered as
544	an employee of the trust and not as a beneficiary of the trust;
545	2.  Under or to an annuity plan that, at the time of
546	payment, is a plan described in s. 403(a) of the Internal
547	Revenue Code of 1954;
548	3.  Under a simplified employee pension if, at the time of
549	payment, it is reasonable to believe that the employee is
550	entitled to a deduction under s. 219(b)(2) of the Internal
551	Revenue Code of 1954 for the payment;
552	4.  Under or to an annuity contract described in s. 403(b)
553	of the Internal Revenue Code of 1954, other than a payment for
554	the purchase of an annuity contract as part of a salary
555	reduction agreement, regardless of whether the agreement is
556	evidenced by a written instrument or otherwise;
557	5.  Under or to an exempt governmental deferred
558	compensation plan described in s. 3121(v)(3) of the Internal
559	Revenue Code of 1954;
560	6.  To supplement pension benefits under a plan or trust
561	described in subparagraphs 1.-5. to account for some portion or
562	all of the increase in the cost of living, as determined by the
563	United States Secretary of Labor, since retirement, but only if
564	the supplemental payments are under a plan that is treated as a
565	welfare plan under s. 3(2)(B)(ii) of the Employee Retirement
566	Income Security Act of 1974; or
567	7.  Under a cafeteria plan, as defined in s. 125 of the
568	Internal Revenue Code of 1986, as amended, if the payment would
569	not be treated as wages without regard to such plan and it is
570	reasonable to believe that, if s. 125 of the Internal Revenue
571	Code of 1986, as amended, applied for purposes of this section,
572	s. 125 of the Internal Revenue Code of 1986, as amended, would
573	not treat any wages as constructively received.
574	(g)  Payment made, or benefit provided, by an employing
575	unit to or for the benefit of an individual performing services
576	for the employing unit or a beneficiary of the individual if, at
577	the time of such payment or provision of the benefit, it is
578	reasonable to believe that the individual may exclude the
579	payment or benefit from income under s. 127 of the Internal
580	Revenue Code of 1986, as amended.
581	Section 6.  Paragraphs (e) through (j) of subsection (3) of
582	section 443.131, Florida Statutes, are amended to read:
583	443.131  Contributions.--
584	(3)  VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
585	EXPERIENCE.--
586	(e)  Assignment of variations from the standard rate.--
587	1.  The tax collection service provider shall assign a
588	variation from the standard rate of contributions for each
589	calendar year to each eligible employer. In determining the
590	contribution rate, varying from the standard rate to be assigned
591	each employer, adjustment factors computed under sub-
592	subparagraphs a.-c. shall be added to the benefit ratio. This
593	addition shall be accomplished in two steps by adding a variable
594	adjustment factor and a final adjustment factor. The sum of
595	these adjustment factors computed under sub-subparagraphs a.-c.
596	shall first be algebraically summed. The sum of these adjustment
597	factors shall next be divided by a gross benefit ratio
598	determined as follows: Total benefit payments for the 3-year
599	period described in subparagraph (b)2. shall be charged to
600	employers eligible for a variation from the standard rate, minus
601	excess payments for the same period, divided by taxable payroll
602	entering into the computation of individual benefit ratios for
603	the calendar year for which the contribution rate is being
604	computed. The ratio of the sum of the adjustment factors
605	computed under sub-subparagraphs a.-c. to the gross benefit
606	ratio shall be multiplied by each individual benefit ratio that
607	is less than the maximum contribution rate to obtain variable
608	adjustment factors; except that in any instance in which the sum
609	of an employer's individual benefit ratio and variable
610	adjustment factor exceeds the maximum contribution rate, the
611	variable adjustment factor shall be reduced in order that the
612	sum equals the maximum contribution rate. The variable
613	adjustment factor for each of these employers is multiplied by
614	his or her taxable payroll entering into the computation of his
615	or her benefit ratio. The sum of these products shall be divided
616	by the taxable payroll of the employers who entered into the
617	computation of their benefit ratios. The resulting ratio shall
618	be subtracted from the sum of the adjustment factors computed
619	under sub-subparagraphs a.-c. to obtain the final adjustment
620	factor. The variable adjustment factors and the final adjustment
621	factor shall be computed to five decimal places and rounded to
622	the fourth decimal place. This final adjustment factor shall be
623	added to the variable adjustment factor and benefit ratio of
624	each employer to obtain each employer's contribution rate. An
625	employer's contribution rate may not, however, be rounded to
626	less than 0.1 percent.
627	a.  An adjustment factor for noncharge benefits shall be
628	computed to the fifth decimal place and rounded to the fourth
629	decimal place by dividing the amount of noncharge benefits
630	during the 3-year period described in subparagraph (b)2. by the
631	taxable payroll of employers eligible for a variation from the
632	standard rate who have a benefit ratio for the current year
633	which is less than the maximum contribution rate. For purposes
634	of computing this adjustment factor, the taxable payroll of
635	these employers is the taxable payrolls for the 3 years ending
636	June 30 of the current calendar year as reported to the tax
637	collection service provider by September 30 of the same calendar
638	year. As used in this sub-subparagraph, the term "noncharge
639	benefits" means benefits paid to an individual from the
640	Unemployment Compensation Trust Fund, but which were not charged
641	to the employment record of any employer.
642	b.  An adjustment factor for excess payments shall be
643	computed to the fifth decimal place, and rounded to the fourth
644	decimal place by dividing the total excess payments during the
645	3-year period described in subparagraph (b)2. by the taxable
646	payroll of employers eligible for a variation from the standard
647	rate who have a benefit ratio for the current year which is less
648	than the maximum contribution rate. For purposes of computing
649	this adjustment factor, the taxable payroll of these employers
650	is the same figure used to compute the adjustment factor for
651	noncharge benefits under sub-subparagraph a. As used in this
652	sub-subparagraph, the term "excess payments" means the amount of
653	benefits charged to the employment record of an employer during
654	the 3-year period described in subparagraph (b)2., less the
655	product of the maximum contribution rate and the employer's
656	taxable payroll for the 3 years ending June 30 of the current
657	calendar year as reported to the tax collection service provider
658	by September 30 of the same calendar year. As used in this sub-
659	subparagraph, the term "total excess payments" means the sum of
660	the individual employer excess payments for those employers that
661	were eligible to be considered for assignment of a contribution
662	rate different from a variation from the standard rate.
663	c.  If the balance of the Unemployment Compensation Trust
664	Fund on June 30 of the calendar year immediately preceding the
665	calendar year for which the contribution rate is being computed
666	is less than 3.7 percent of the taxable payrolls for the year
667	ending June 30 as reported to the tax collection service
668	provider by September 30 of that calendar year, a positive
669	adjustment factor shall be computed. The positive adjustment
670	factor shall be computed annually to the fifth decimal place and
671	rounded to the fourth decimal place by dividing the sum of the
672	total taxable payrolls for the year ending June 30 of the
673	current calendar year as reported to the tax collection service
674	provider by September 30 of that calendar year into a sum equal
675	to one-fourth of the difference between the balance of the fund
676	as of June 30 of that calendar year and the sum of 4.7 percent
677	of the total taxable payrolls for that year. The positive
678	adjustment factor remains in effect for subsequent years until
679	the balance of the Unemployment Compensation Trust Fund as of
680	June 30 of the year immediately preceding the effective date of
681	the contribution rate equals or exceeds 3.7 percent of the
682	taxable payrolls for the year ending June 30 of the current
683	calendar year as reported to the tax collection service provider
684	by September 30 of that calendar year. If the balance of the
685	Unemployment Compensation Trust Fund as of June 30 of the year
686	immediately preceding the calendar year for which the
687	contribution rate is being computed exceeds 4.7 percent of the
688	taxable payrolls for the year ending June 30 of the current
689	calendar year as reported to the tax collection service provider
690	by September 30 of that calendar year, a negative adjustment
691	factor shall be computed. The negative adjustment factor shall
692	be computed annually to the fifth decimal place and rounded to
693	the fourth decimal place by dividing the sum of the total
694	taxable payrolls for the year ending June 30 of the current
695	calendar year as reported to the tax collection service provider
696	by September 30 of the calendar year into a sum equal to one-
697	fourth of the difference between the balance of the fund as of
698	June 30 of the current calendar year and 4.7 percent of the
699	total taxable payrolls of that year. The negative adjustment
700	factor remains in effect for subsequent years until the balance
701	of the Unemployment Compensation Trust Fund as of June 30 of the
702	year immediately preceding the effective date of the
703	contribution rate is less than 4.7 percent, but more than 3.7
704	percent of the taxable payrolls for the year ending June 30 of
705	the current calendar year as reported to the tax collection
706	service provider by September 30 of that calendar year.
707	d.  The maximum contribution rate that may be assigned to
708	an employer is 5.4 percent, except employers participating in an
709	approved short-time compensation plan may be assigned a maximum
710	contribution rate that is 1 percent greater than the maximum
711	contribution rate for other employers in any calendar year in
712	which short-time compensation benefits are charged to the
713	employer's employment record.
714	2.  If the transfer of an employer's employment record to
715	an employing unit under paragraph (f) which, before the
716	transfer, was an employer, the tax collection service provider
717	shall recompute a benefit ratio for the successor employer based
718	on the combined employment records and reassign an appropriate
719	contribution rate to the successor employer effective on the
720	first day of the calendar quarter immediately after the
721	effective date of the transfer.
722	(f)  Transfer of employment records.--
723	1.  For the purposes of this subsection, two or more
724	employers who are parties to a transfer of business or the
725	subject of a merger, consolidation, or other form of
726	reorganization, effecting a change in legal identity or form,
727	are deemed a single employer and are considered to be one
728	employer with a continuous employment record if the tax
729	collection service provider finds that the successor employer
730	continues to carry on the employing enterprises of all of the
731	predecessor employers and that the successor employer has paid
732	all contributions required of and due from all of the
733	predecessor employers and has assumed liability for all
734	contributions that may become due from all of the predecessor
735	employers. In addition, an employer may not be considered a
736	successor under this subparagraph if the employer purchases a
737	company with a lower rate into which employees with job
738	functions unrelated to the business endeavors of the predecessor
739	are transferred for the purpose of acquiring the low rate and
740	avoiding payment of contributions. As used in this paragraph,
741	notwithstanding s. 443.036(14), the term "contributions" means
742	all indebtedness to the tax collection service provider,
743	including, but not limited to, interest, penalty, collection
744	fee, and service fee. A successor employer must accept the
745	transfer of all of the predecessor employers' employment records
746	within 30 days after the date of the official notification of
747	liability by succession. If a predecessor employer has unpaid
748	contributions or outstanding quarterly reports, the successor
749	employer must pay the total amount with certified funds within
750	30 days after the date of the notice listing the total amount
751	due. After the total indebtedness is paid, the tax collection
752	service provider shall transfer the employment records of all of
753	the predecessor employers to the successor employer's employment
754	record. The tax collection service provider shall determine the
755	contribution rate of the combined successor and predecessor
756	employers upon the transfer of the employment records, as
757	prescribed by rule, in order to calculate any change in the
758	contribution rate resulting from the transfer of the employment
759	records.
760	2.  Regardless of whether a predecessor employer's
761	employment record is transferred to a successor employer under
762	this paragraph, the tax collection service provider shall treat
763	the predecessor employer, if he or she subsequently employs
764	individuals, as an employer without a previous employment record
765	or, if his or her coverage is terminated under s. 443.121, as a
766	new employing unit.
767	3.  The state agency providing unemployment tax collection
768	services may adopt rules governing the partial transfer of
769	experience rating when an employer transfers an identifiable and
770	segregable portion of his or her payrolls and business to a
771	successor employing unit. As a condition of each partial
772	transfer, these rules must require the following to be filed
773	with the tax collection service provider: an application by the
774	successor employing unit, an agreement by the predecessor
775	employer, and the evidence required by the tax collection
776	service provider to show the benefit experience and payrolls
777	attributable to the transferred portion through the date of the
778	transfer. These rules must provide that the successor employing
779	unit, if not an employer subject to this chapter, becomes an
780	employer as of the date of the transfer and that the transferred
781	portion of the predecessor employer's employment record is
782	removed from the employment record of the predecessor employer.
783	For each calendar year after the date of the transfer of the
784	employment record in the records of the tax collection service
785	provider, the service provider shall compute the contribution
786	rate payable by the successor employer or employing unit based
787	on his or her employment record, combined with the transferred
788	portion of the predecessor employer's employment record. These
789	rules may also prescribe what contribution rates are payable by
790	the predecessor and successor employers for the period between
791	the date of the transfer of the transferred portion of the
792	predecessor employer's employment record in the records of the
793	tax collection service provider and the first day of the next
794	calendar year.
795	4.  This paragraph does not apply to an employee leasing
796	company and client contractual agreement as defined in s.
797	443.036. The tax collection service provider shall, if the
798	contractual agreement is terminated or the employee leasing
799	company fails to submit reports or pay contributions as required
800	by the service provider, treat the client as a new employer
801	without previous employment record unless the client is
802	otherwise eligible for a variation from the standard rate.
803	(g)  Transfer of unemployment experience upon transfer or
804	acquisition of a business.--Notwithstanding any other provision
805	of law, the following shall apply regarding assignment of rates
806	and transfers of experience:
807	1.a.  If an employer transfers its trade or business, or a
808	portion thereof, to another employer and, at the time of the
809	transfer, there is any common ownership, management, or control
810	of the two employers, then the unemployment experience
811	attributable to the transferred trade or business shall be
812	transferred to the employer to whom such business is so
813	transferred. The rates of both employers shall be recalculated
814	and made effective as of the beginning of the calendar quarter
815	immediately following the date of the transfer of trade or
816	business unless the transfer occurred on the first day of a
817	calendar quarter in which case the rate shall be recalculated as
818	of that date.
819	b.  If, following a transfer of experience under sub-
820	subparagraph a., the Agency for Workforce Innovation or the tax
821	collection service provider determines that a substantial
822	purpose of the transfer of trade or business was to obtain a
823	reduced liability for contributions, then the experience rating
824	account of the employers involved shall be combined into a
825	single account and a single rate assigned to such account.
826	2.  Whenever a person who is not an employer under this
827	chapter at the time it acquires the trade or business of an
828	employer, the unemployment experience of the acquired business
829	shall not be transferred to such person if the Agency for
830	Workforce Innovation or the tax collection service provider
831	finds that such person acquired the business solely or primarily
832	for the purpose of obtaining a lower rate of contributions.
833	Instead, such person shall be assigned the new employer rate
834	under paragraph (2)(a). In determining whether the business was
835	acquired solely or primarily for the purpose of obtaining a
836	lower rate of contributions, the tax collection service provider
837	shall consider, but not be limited to, the following factors:
838	a.  Whether the person continued the business enterprise of
839	the acquired business;
840	b.  How long such business enterprise was continued; or
841	c.  Whether a substantial number of new employees were
842	hired for performance of duties unrelated to the business
843	activity conducted prior to acquisition.
844	3.  If a person knowingly violates or attempts to violate
845	subparagraphs 1. or 2. or any other provision of this chapter
846	related to determining the assignment of a contribution rate, or
847	if a person knowingly advises another person to violate the law,
848	the person shall be subject to the following penalties:
849	a.  If the person is an employer, then such employer shall
850	be assigned the highest rate assignable under this chapter for
851	the rate year during which such violation or attempted violation
852	occurred and the 3 rate years immediately following this rate
853	year. However, if the person's business is already at such
854	highest rate for any year, or if the amount of increase in the
855	person's rate would be less than 2 percent for such year, then a
856	penalty rate of contributions of 2 percent of taxable wages
857	shall be imposed for such year and the following 3 rate years.
858	b.  If the person is not an employer, such person shall be
859	subject to a civil money penalty of not more than $5,000. The
860	procedures for the assessment of a penalty shall be in
861	accordance with the procedures set forth in s. 443.141(2), and
862	the provisions of s. 443.141(3) shall apply to the collection of
863	the penalty. Any such penalty shall be deposited in the penalty
864	and interest account established under s. 443.211(2).
865	4.  For purposes of subparagraph 3., the term:
866	a.  "Knowingly" means having actual knowledge of or acting
867	with deliberate ignorance or reckless disregard for the
868	prohibition involved.
869	b.  "Violates or attempts to violate" includes, but is not
870	limited to, intent to evade, misrepresentation, or willful
871	nondisclosure.
872	5.  In addition to the penalty imposed by subparagraph 3.,
873	any person who violates this paragraph commits a felony of the
874	third degree, punishable as provided in s. 775.082, s. 775.083,
875	or s. 775.084.
876	6.  The Agency for Workforce Innovation and the tax
877	collection service provider shall establish procedures to
878	identify the transfer or acquisition of a business for purposes
879	of this paragraph and shall adopt any rules necessary to
880	administer this paragraph.
881	7.  For purposes of this paragraph:
882	a.  "Person" has the meaning given such term by s.
883	7701(a)(1) of the Internal Revenue Code of 1986.
884	b.  "Trade or business" shall include the employer's
885	workforce.
886	8.  This paragraph shall be interpreted and applied in such
887	manner as to meet the minimum requirements contained in any
888	guidance or regulations issued by the United States Department
889	of Labor.
890	(h)(g)  Additional conditions for variation from the
891	standard rate.--An employer's contribution rate may not be
892	reduced below the standard rate under this section unless:
893	1.  All contributions, reimbursements, interest, and
894	penalties incurred by the employer for wages paid by him or her
895	in all previous calendar quarters, except the 4 calendar
896	quarters immediately preceding the calendar quarter or calendar
897	year for which the benefit ratio is computed, are paid; and
898	2.  The employer entitled to a rate reduction must have at
899	least one annual payroll as defined in subparagraph (b)1. unless
900	the employer is eligible for additional credit under the Federal
901	Unemployment Tax Act. If the Federal Unemployment Tax Act is
902	amended or repealed in a manner affecting credit under the
903	federal act, this section applies only to the extent that
904	additional credit is allowed against the payment of the tax
905	imposed by the Federal Unemployment Tax Act.
906
907	The tax collection service provider shall assign an earned
908	contribution rate to an employer under subparagraph 1. the
909	quarter immediately after the quarter in which all
910	contributions, reimbursements, interest, and penalties are paid
911	in full.
912	(i)(h)  Notice of determinations of contribution rates;
913	redeterminations.--The state agency providing tax collection
914	services:
915	1.  Shall promptly notify each employer of his or her
916	contribution rate as determined for any calendar year under this
917	section. The determination is conclusive and binding on the
918	employer unless within 20 days after mailing the notice of
919	determination to the employer's last known address, or, in the
920	absence of mailing, within 20 days after delivery of the notice,
921	the employer files an application for review and redetermination
922	setting forth the grounds for review. An employer may not, in
923	any proceeding involving his or her contribution rate or
924	liability for contributions, contest the chargeability to his or
925	her employment record of any benefits paid in accordance with a
926	determination, redetermination, or decision under s. 443.151,
927	except on the ground that the benefits charged were not based on
928	services performed in employment for him or her and then only if
929	the employer was not a party to the determination,
930	redetermination, or decision, or to any other proceeding under
931	this chapter, in which the character of those services was
932	determined.
933	2.  Shall, upon discovery of an error in computation,
934	reconsider any prior determination or redetermination of a
935	contribution rate after the 20-day period has expired and issue
936	a revised notice of contribution rate as redetermined. A
937	redetermination is subject to review, and is conclusive and
938	binding if review is not sought, in the same manner as review of
939	a determination under subparagraph 1. A reconsideration may not
940	be made after March 31 of the calendar year immediately after
941	the calendar year for which the contribution rate is applicable,
942	and interest may not accrue on any additional contributions
943	found to be due until 30 days after the employer is mailed
944	notice of his or her revised contribution rate.
945	3.  May adopt rules providing for periodic notification to
946	employers of benefits paid and charged to their employment
947	records or of the status of those employment records. A
948	notification, unless an application for redetermination is filed
949	in the manner and within the time limits prescribed by the
950	Agency for Workforce Innovation, is conclusive and binding on
951	the employer under this chapter. The redetermination, and the
952	Agency for Workforce Innovation's finding of fact in connection
953	with the redetermination, may be introduced in any subsequent
954	administrative or judicial proceeding involving the
955	determination of the contribution rate of an employer for any
956	calendar year. A redetermination becomes final in the same
957	manner provided in this subsection for findings of fact made by
958	the Agency for Workforce Innovation in proceedings to
959	redetermine the contribution rate of an employer. Pending a
960	redetermination or an administrative or judicial proceeding, the
961	employer must file reports and pay contributions in accordance
962	with this section.
963	(j)(i)  Employment records of employers entering the armed
964	forces.--
965	1.  If the tax collection service provider finds that an
966	employer's business is closed solely because of the entrance of
967	one or more of the owners, officers, partners, or the majority
968	stockholder into the Armed Forces of the United States, or any
969	of its allies, or of the United Nations, the employer's
970	employment record may not be terminated. If the business is
971	resumed within 2 years after the discharge or release from
972	active duty in the armed forces of that person or persons, the
973	employer's benefit experience is deemed to have been continuous
974	throughout that period. The benefit ratio of the employer for
975	the calendar year in which he or she resumed business and the 3
976	calendar years immediately after resuming business is a
977	percentage equal to the total of his or her benefit charges,
978	including charges of benefits paid to any individual during the
979	period the employer was in the armed forces based on wages paid
980	by him or her before the employer's entrance into the armed
981	forces for the 3 most recently completed calendar years divided
982	by that part of his or her total payroll, for which
983	contributions were paid to the tax collection service provider,
984	for the 3 most recent calendar years during the whole of which,
985	respectively, the employer was in business.
986	2.  A refund made under this paragraph shall be made in
987	accordance with s. 443.141(6).
988	(k)(j)  Applicability to contributing employers.--This
989	subsection applies only to contributing employers.
990	Section 7.  Paragraph (b) of subsection (4) and paragraph
991	(b) of subsection (6) of section 443.151, Florida Statutes, are
992	amended to read:
993	443.151  Procedure concerning claims.--
994	(4)  APPEALS.--
995	(b)  Filing and hearing.--
996	1.  The claimant or any other party entitled to notice of a
997	determination may appeal an adverse determination to an appeals
998	referee within 20 days after the date of mailing of the notice
999	to her or his last known address or, if the notice is not
1000	mailed, within 20 days after the date of delivery of the notice.
1001	2.  Unless the appeal is untimely or withdrawn or review is
1002	initiated by the commission, the appeals referee, after mailing
1003	all parties and attorneys of record a notice of hearing at least
1004	10 days before the date of hearing, notwithstanding the 14-day
1005	notice requirement in s. 120.569(2)(b), may only affirm, modify,
1006	or reverse the determination. An appeal may not be withdrawn
1007	without the permission of the appeals referee.
1008	3.  However, when an appeal appears to have been filed
1009	after the permissible time limit, the Office of Appeals may
1010	issue an order to show cause to the appellant, requiring the
1011	appellant to show why the appeal should not be dismissed as
1012	untimely. If the appellant does not, within 15 days after the
1013	mailing date of the order to show cause, provide written
1014	evidence of timely filing or good cause for failure to appeal
1015	timely, the appeal shall be dismissed.
1016	4.3.  When an appeal involves a question of whether
1017	services were performed by a claimant in employment or for an
1018	employer, the referee must give special notice of the question
1019	and of the pendency of the appeal to the employing unit and to
1020	the Agency for Workforce Innovation, both of which become
1021	parties to the proceeding.
1022	5.4.  The parties must be notified promptly of the
1023	referee's decision. The referee's decision is final unless
1024	further review is initiated under paragraph (c) within 20 days
1025	after the date of mailing notice of the decision to the party's
1026	last known address or, in lieu of mailing, within 20 days after
1027	the delivery of the notice.
1028	(6)  RECOVERY AND RECOUPMENT.--
1029	(b)  Any person who, by reason other than her or his fraud,
1030	receives benefits under this chapter to which, under a
1031	redetermination or decision pursuant to this section, she or he
1032	is found not entitled, is liable to repay those benefits to the
1033	Agency for Workforce Innovation on behalf of the trust fund or,
1034	in the agency's discretion, to have those benefits deducted from
1035	any future benefits payable to her or him under this chapter.
1036	Any recovery or recoupment of benefits must be effected within 3
1037	2 years after the redetermination or decision.
1038	Section 8.  Paragraph (a) of subsection (1) of section
1039	895.02, Florida Statutes, is amended to read:
1040	895.02  Definitions.--As used in ss. 895.01-895.08, the
1041	term:
1042	(1)  "Racketeering activity" means to commit, to attempt to
1043	commit, to conspire to commit, or to solicit, coerce, or
1044	intimidate another person to commit:
1045	(a)  Any crime which is chargeable by indictment or
1046	information under the following provisions of the Florida
1047	Statutes:
1048	1.  Section 210.18, relating to evasion of payment of
1049	cigarette taxes.
1050	2.  Section 403.727(3)(b), relating to environmental
1051	control.
1052	3.  Section 409.920 or s. 409.9201, relating to Medicaid
1053	fraud.
1054	4.  Section 414.39, relating to public assistance fraud.
1055	5.  Section 440.105 or s. 440.106, relating to workers'
1056	compensation.
1057	6.  Section 443.071(4), relating to creation of a
1058	fictitious employer scheme to commit unemployment compensation
1059	fraud.
1060	7.6.  Section 465.0161, relating to distribution of
1061	medicinal drugs without a permit as an Internet pharmacy.
1062	8.7.  Sections 499.0051, 499.0052, 499.00535, 499.00545,
1063	and 499.0691, relating to crimes involving contraband and
1064	adulterated drugs.
1065	9.8.  Part IV of chapter 501, relating to telemarketing.
1066	10.9.  Chapter 517, relating to sale of securities and
1067	investor protection.
1068	11.10.  Section 550.235, s. 550.3551, or s. 550.3605,
1069	relating to dogracing and horseracing.
1070	12.11.  Chapter 550, relating to jai alai frontons.
1071	13.12.  Chapter 552, relating to the manufacture,
1072	distribution, and use of explosives.
1073	14.13.  Chapter 560, relating to money transmitters, if the
1074	violation is punishable as a felony.
1075	15.14.  Chapter 562, relating to beverage law enforcement.
1076	16.15.  Section 624.401, relating to transacting insurance
1077	without a certificate of authority, s. 624.437(4)(c)1., relating
1078	to operating an unauthorized multiple-employer welfare
1079	arrangement, or s. 626.902(1)(b), relating to representing or
1080	aiding an unauthorized insurer.
1081	17.16.  Section 655.50, relating to reports of currency
1082	transactions, when such violation is punishable as a felony.
1083	18.17.  Chapter 687, relating to interest and usurious
1084	practices.
1085	19.18.  Section 721.08, s. 721.09, or s. 721.13, relating
1086	to real estate timeshare plans.
1087	20.19.  Chapter 782, relating to homicide.
1088	21.20.  Chapter 784, relating to assault and battery.
1089	22.21.  Chapter 787, relating to kidnapping.
1090	23.22.  Chapter 790, relating to weapons and firearms.
1091	24.23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1092	s. 796.05, or s. 796.07, relating to prostitution and sex
1093	trafficking.
1094	25.24.  Chapter 806, relating to arson.
1095	26.25.  Section 810.02(2)(c), relating to specified
1096	burglary of a dwelling or structure.
1097	27.26.  Chapter 812, relating to theft, robbery, and
1098	related crimes.
1099	28.27.  Chapter 815, relating to computer-related crimes.
1100	29.28.  Chapter 817, relating to fraudulent practices,
1101	false pretenses, fraud generally, and credit card crimes.
1102	30.29.  Chapter 825, relating to abuse, neglect, or
1103	exploitation of an elderly person or disabled adult.
1104	31.30.  Section 827.071, relating to commercial sexual
1105	exploitation of children.
1106	32.31.  Chapter 831, relating to forgery and
1107	counterfeiting.
1108	33.32.  Chapter 832, relating to issuance of worthless
1109	checks and drafts.
1110	34.33.  Section 836.05, relating to extortion.
1111	35.34.  Chapter 837, relating to perjury.
1112	36.35.  Chapter 838, relating to bribery and misuse of
1113	public office.
1114	37.36.  Chapter 843, relating to obstruction of justice.
1115	38.37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1116	or s. 847.07, relating to obscene literature and profanity.
1117	39.38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1118	s. 849.25, relating to gambling.
1119	40.39.  Chapter 874, relating to criminal street gangs.
1120	41.40.  Chapter 893, relating to drug abuse prevention and
1121	control.
1122	42.41.  Chapter 896, relating to offenses related to
1123	financial transactions.
1124	43.42.  Sections 914.22 and 914.23, relating to tampering
1125	with a witness, victim, or informant, and retaliation against a
1126	witness, victim, or informant.
1127	44.43.  Sections 918.12 and 918.13, relating to tampering
1128	with jurors and evidence.
1129	Section 9.  For the purpose of incorporating the amendment
1130	to section 895.02, Florida Statutes, in a reference thereto,
1131	paragraph (a) of subsection (1) of section 16.56, Florida
1132	Statutes, is reenacted to read:
1133	16.56  Office of Statewide Prosecution.--
1134	(1)  There is created in the Department of Legal Affairs an
1135	Office of Statewide Prosecution. The office shall be a separate
1136	"budget entity" as that term is defined in chapter 216. The
1137	office may:
1138	(a)  Investigate and prosecute the offenses of:
1139	1.  Bribery, burglary, criminal usury, extortion, gambling,
1140	kidnapping, larceny, murder, prostitution, perjury, robbery,
1141	carjacking, and home-invasion robbery;
1142	2.  Any crime involving narcotic or other dangerous drugs;
1143	3.  Any violation of the provisions of the Florida RICO
1144	(Racketeer Influenced and Corrupt Organization) Act, including
1145	any offense listed in the definition of racketeering activity in
1146	s. 895.02(1)(a), providing such listed offense is investigated
1147	in connection with a violation of s. 895.03 and is charged in a
1148	separate count of an information or indictment containing a
1149	count charging a violation of s. 895.03, the prosecution of
1150	which listed offense may continue independently if the
1151	prosecution of the violation of s. 895.03 is terminated for any
1152	reason;
1153	4.  Any violation of the provisions of the Florida Anti-
1154	Fencing Act;
1155	5.  Any violation of the provisions of the Florida
1156	Antitrust Act of 1980, as amended;
1157	6.  Any crime involving, or resulting in, fraud or deceit
1158	upon any person;
1159	7.  Any violation of s. 847.0135, relating to computer
1160	pornography and child exploitation prevention, or any offense
1161	related to a violation of s. 847.0135;
1162	8.  Any violation of the provisions of chapter 815;
1163	9.  Any criminal violation of part I of chapter 499;
1164	10.  Any violation of the provisions of the Florida Motor
1165	Fuel Tax Relief Act of 2004; or
1166	11.  Any criminal violation of s. 409.920 or s. 409.9201;
1167
1168	or any attempt, solicitation, or conspiracy to commit any of the
1169	crimes specifically enumerated above. The office shall have such
1170	power only when any such offense is occurring, or has occurred,
1171	in two or more judicial circuits as part of a related
1172	transaction, or when any such offense is connected with an
1173	organized criminal conspiracy affecting two or more judicial
1174	circuits.
1175	Section 10.  For the purpose of incorporating the amendment
1176	to section 895.02, Florida Statutes, in a reference thereto,
1177	subsection (3) of section 905.34, Florida Statutes, is reenacted
1178	to read:
1179	905.34  Powers and duties; law applicable.--The
1180	jurisdiction of a statewide grand jury impaneled under this
1181	chapter shall extend throughout the state. The subject matter
1182	jurisdiction of the statewide grand jury shall be limited to the
1183	offenses of:
1184	(3)  Any violation of the provisions of the Florida RICO
1185	(Racketeer Influenced and Corrupt Organization) Act, including
1186	any offense listed in the definition of racketeering activity in
1187	s. 895.02(1)(a), providing such listed offense is investigated
1188	in connection with a violation of s. 895.03 and is charged in a
1189	separate count of an information or indictment containing a
1190	count charging a violation of s. 895.03, the prosecution of
1191	which listed offense may continue independently if the
1192	prosecution of the violation of s. 895.03 is terminated for any
1193	reason;
1194
1195	or any attempt, solicitation, or conspiracy to commit any
1196	violation of the crimes specifically enumerated above, when any
1197	such offense is occurring, or has occurred, in two or more
1198	judicial circuits as part of a related transaction or when any
1199	such offense is connected with an organized criminal conspiracy
1200	affecting two or more judicial circuits. The statewide grand
1201	jury may return indictments and presentments irrespective of the
1202	county or judicial circuit where the offense is committed or
1203	triable. If an indictment is returned, it shall be certified and
1204	transferred for trial to the county where the offense was
1205	committed. The powers and duties of, and law applicable to,
1206	county grand juries shall apply to a statewide grand jury except
1207	when such powers, duties, and law are inconsistent with the
1208	provisions of ss. 905.31-905.40.
1209	Section 11.  This act shall take effect July 1, 2005.

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