HB 1693

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to unemployment compensation; amending s.
7	120.80, F.S.; providing an exemption for special deputies
8	from uniform rules of procedure; amending s. 443.071,
9	F.S.; providing penalties for false employer schemes;
10	providing the requirements for establishing prima facie
11	evidence; authorizing certain access to records relating
12	to investigations of unemployment compensation fraud;
13	amending s. 443.091, F.S.; clarifying benefit eligibility;
14	amending s. 443.1216, F.S.; clarifying the persons that
15	employee leasing companies may lease to a client;
16	clarifying the exemption of certain service from the
17	definition of employment; amending s. 443.1217, F.S.;
18	clarifying exempt wages for the purpose of determining
19	employer contributions; amending s. 443.131, F.S.;
20	revising the definition of "total excess payments";
21	prohibiting the transfer of unemployment experience by
22	acquisition of a business in certain cases; providing for
23	calculation of unemployment experience rating; providing
24	penalties; amending s. 443.151, F.S.; providing for
25	dismissal of untimely filed appeals; extending a deadline
26	for recoupment of benefits; amending s. 895.02, F.S.;
27	revising the definition of "racketeering activity";
28	reenacting ss. 16.56(1)(a), 655.50(3)(g), 896.101(2)(g),
29	and 905.34(3), F.S., relating to the Office of Statewide
30	Prosecution, the Florida Control of Money Laundering in
31	Financial Institutions Act, the Florida Money Laundering
32	Act, and the powers and duties of a statewide grand jury,
33	respectively, to incorporate the amendment to s. 895.02,
34	F.S., in references thereto; providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Paragraph (b) of subsection (10) of section
39	120.80, Florida Statutes, is amended to read:
40	120.80  Exceptions and special requirements; agencies.--
41	(10)  AGENCY FOR WORKFORCE INNOVATION.--
42	(b)  Notwithstanding s. 120.54(5), the uniform rules of
43	procedure do not apply to appeal proceedings conducted under
44	chapter 443 by the Unemployment Appeals Commission, special
45	deputies, or unemployment appeals referees.
46	Section 2.  Subsection (4) of section 443.071, Florida
47	Statutes, is renumbered as subsection (5) and amended, and new
48	subsections (4), (6), (7), and (8) are added to said section, to
49	read:
50	443.071  Penalties.--
51	(4)  Any person who establishes a fictitious employing unit
52	by submitting to the Agency for Workforce Innovation or its tax
53	collection service provider fraudulent employing unit records or
54	tax or wage reports by the introduction of fraudulent records
55	into a computer system, the intentional or deliberate alteration
56	or destruction of computerized information or files, or the
57	theft of financial instruments, data, and other assets, for the
58	purpose of enabling herself or himself or any other person to
59	receive benefits under this chapter to which such person is not
60	entitled, commits a felony of the third degree, punishable as
61	provided in s. 775.082, s. 775.083, or s. 775.084.
62	(5)(4)  In any prosecution or action under this section,
63	the entry into evidence of the signature of a person on a
64	document, letter, or other writing constitutes prima facie
65	evidence of the person's identity if the following conditions
66	exist:
67	(a)  The document includes the person's name, residence
68	address, and social security number person gives her or his
69	name, residence address, home telephone number, present or
70	former place of employment, gender, date of birth, social
71	security number, height, weight, and race.
72	(b)  The signature of the person is witnessed by an agent
73	or employee of the Agency for Workforce Innovation or its tax
74	collection service provider at the time the document, letter, or
75	other writing is filed.
76	(6)  The entry into evidence of an application for
77	unemployment benefits initiated by the use of the internet
78	claims program or the interactive voice response system
79	telephone claims program of the Agency for Workforce Innovation
80	constitutes prima facie evidence of the establishment of a
81	personal benefit account by or for an individual if the
82	following information is provided: the applicant's name,
83	residence address, date of birth, social security number, and
84	present or former place of work.
85	(7)  The entry into evidence of a transaction history
86	generated by a personal identification number establishing that
87	a certification or claim for one or more weeks of benefits was
88	made against the benefit account of the individual, together
89	with documentation that payment was paid by a state warrant made
90	to the order of the person or by direct deposit via electronic
91	means, constitutes prima facie evidence that the person claimed
92	and received unemployment benefits from the state.
93	(8)  All records relating to investigations of unemployment
94	compensation fraud in the custody of the Agency for Workforce
95	Innovation or its tax collection service provider are available
96	for examination by the Department of Law Enforcement, the states
97	attorneys, or the Office of the Statewide Prosecutor in the
98	prosecution of offenses under s. 817.568 or in proceedings
99	brought under this chapter.
100	Section 3.  Paragraph (c) of subsection (1) of section
101	443.091, Florida Statutes, is amended to read:
102	443.091  Benefit eligibility conditions.--
103	(1)  An unemployed individual is eligible to receive
104	benefits for any week only if the Agency for Workforce
105	Innovation finds that:
106	(c)1.  She or he is able to work and is available for work.
107	In order to assess eligibility for a claimed week of
108	unemployment, the Agency for Workforce Innovation shall develop
109	criteria to determine a claimant's ability to work and
110	availability for work.
111	2.  Notwithstanding any other provision of this paragraph
112	or paragraphs (b) and (d) section, an otherwise eligible
113	individual may not be denied benefits for any week because she
114	or he is in training with the approval of the Agency for
115	Workforce Innovation, and such an individual may not be denied
116	benefits for any week in which she or he is in training with the
117	approval of the Agency for Workforce Innovation by reason of
118	subparagraph 1. relating to availability for work, or s.
119	443.101(2) relating to failure to apply for, or refusal to
120	accept, suitable work. Training may be approved by the Agency
121	for Workforce Innovation in accordance with criteria prescribed
122	by rule. A claimant's eligibility during approved training is
123	contingent upon satisfying eligibility conditions prescribed by
124	rule.
125	3.  Notwithstanding any other provision of this chapter, an
126	individual who is in training approved under s. 236(a)(1) of the
127	Trade Act of 1974, as amended, may not be determined to be
128	ineligible or disqualified for benefits with respect to her or
129	his enrollment in such training or because of leaving work that
130	is not suitable employment to enter such training. As used in
131	this subparagraph, the term "suitable employment" means, for a
132	worker, work of a substantially equal or higher skill level than
133	the worker's past adversely affected employment, as defined for
134	purposes of the Trade Act of 1974, as amended, the wages for
135	which are at least 80 percent of the worker's average weekly
136	wage as determined for purposes of the Trade Act of 1974, as
137	amended.
138	4.  Notwithstanding any other provision of this section, an
139	otherwise eligible individual may not be denied benefits for any
140	week by reason of subparagraph 1. because she or he is before
141	any court of the United States or any state under a lawfully
142	issued summons to appear for jury duty.
143	Section 4.  Subsections (1) and (13) of section 443.1216,
144	Florida Statutes, are amended to read:
145	443.1216  Employment.--Employment, as defined in s.
146	443.036, is subject to this chapter under the following
147	conditions:
148	(1)(a)  The employment subject to this chapter includes a
149	service performed, including a service performed in interstate
150	commerce, by:
151	1.  An officer of a corporation.
152	2.  An individual who, under the usual common-law rules
153	applicable in determining the employer-employee relationship, is
154	an employee. However, whenever a client, as defined in s.
155	443.036(18), which would otherwise be designated as an employing
156	unit has contracted with an employee leasing company to supply
157	it with workers, those workers are considered employees of the
158	employee leasing company. An employee leasing company may lease
159	corporate officers of the client to the client and to other
160	workers to the client, except as prohibited by regulations of
161	the Internal Revenue Service. Employees of an employee leasing
162	company must be reported under the employee leasing company's
163	tax identification number and contribution rate for work
164	performed for the employee leasing company.
165	3.  An individual other than an individual who is an
166	employee under subparagraph 1. or subparagraph 2., who performs
167	services for remuneration for any person:
168	a.  As an agent-driver or commission-driver engaged in
169	distributing meat products, vegetable products, fruit products,
170	bakery products, beverages other than milk, or laundry or
171	drycleaning services for his or her principal.
172	b.  As a traveling or city salesperson engaged on a full-
173	time basis in the solicitation on behalf of, and the
174	transmission to, his or her principal of orders from
175	wholesalers, retailers, contractors, or operators of hotels,
176	restaurants, or other similar establishments for merchandise for
177	resale or supplies for use in their business operations. This
178	sub-subparagraph does not apply to an agent-driver or a
179	commission-driver and does not apply to sideline sales
180	activities performed on behalf of a person other than the
181	salesperson's principal.
182	4.  The services described in subparagraph 3. are
183	employment subject to this chapter only if:
184	a.  The contract of service contemplates that substantially
185	all of the services are to be performed personally by the
186	individual;
187	b.  The individual does not have a substantial investment
188	in facilities used in connection with the services, other than
189	facilities used for transportation; and
190	c.  The services are not in the nature of a single
191	transaction that is not part of a continuing relationship with
192	the person for whom the services are performed.
193	(b)  Notwithstanding any other provision of this section,
194	service for which a tax is required to be paid under any federal
195	law imposing a tax against which credit may be taken for
196	contributions required to be paid into a state unemployment fund
197	or which as a condition for full tax credit against the tax
198	imposed by the Federal Unemployment Tax Act is required to be
199	covered under this chapter.
200	(c)  If the services performed during at least one-half of
201	a pay period by an employee for the person employing him or her
202	constitute employment, all of the services performed by the
203	employee during the period are deemed to be employment. If the
204	services performed during more than one-half of the pay period
205	by an employee for the person employing him or her do not
206	constitute employment, all of the services performed by the
207	employee during the period are not deemed to be employment. This
208	paragraph does not apply to services performed in a pay period
209	by an employee for the person employing him or her if any of
210	those services are exempted under paragraph (13)(g).
211	(d)  If two or more related corporations concurrently
212	employ the same individual and compensate the individual through
213	a common paymaster, each related corporation is considered to
214	have paid wages to the individual only in the amounts actually
215	disbursed by that corporation to the individual and is not
216	considered to have paid the wages actually disbursed to the
217	individual by another of the related corporations.
218	1.  As used in this paragraph, the term "common paymaster"
219	means a member of a group of related corporations that disburses
220	wages to concurrent employees on behalf of the related
221	corporations and that is responsible for keeping payroll records
222	for those concurrent employees. A common paymaster is not
223	required to disburse wages to all the employees of the related
224	corporations; however, this subparagraph does not apply to wages
225	of concurrent employees which are not disbursed through a common
226	paymaster. A common paymaster must pay concurrently employed
227	individuals under this subparagraph by one combined paycheck.
228	2.  As used in this paragraph, the term "concurrent
229	employment" means the existence of simultaneous employment
230	relationships between an individual and related corporations.
231	Those relationships require the performance of services by the
232	employee for the benefit of the related corporations, including
233	the common paymaster, in exchange for wages that, if deductible
234	for the purposes of federal income tax, are deductible by the
235	related corporations.
236	3.  Corporations are considered related corporations for an
237	entire calendar quarter if they satisfy any one of the following
238	tests at any time during the calendar quarter:
239	a.  The corporations are members of a "controlled group of
240	corporations" as defined in s. 1563 of the Internal Revenue Code
241	of 1986 or would be members if paragraph 1563(a)(4) and
242	subsection 1563(b) did not apply.
243	b.  In the case of a corporation that does not issue stock,
244	at least 50 percent of the members of the board of directors or
245	other governing body of one corporation are members of the board
246	of directors or other governing body of the other corporation or
247	the holders of at least 50 percent of the voting power to select
248	those members are concurrently the holders of at least 50
249	percent of the voting power to select those members of the other
250	corporation.
251	c.  At least 50 percent of the officers of one corporation
252	are concurrently officers of the other corporation.
253	d.  At least 30 percent of the employees of one corporation
254	are concurrently employees of the other corporation.
255	4.  The common paymaster must report to the tax collection
256	service provider, as part of the unemployment compensation
257	quarterly tax and wage report, the state unemployment
258	compensation account number and name of each related corporation
259	for which concurrent employees are being reported. Failure to
260	timely report this information shall result in the related
261	corporations being denied common paymaster status for that
262	calendar quarter.
263	5.  The common paymaster also has the primary
264	responsibility for remitting contributions due under this
265	chapter for the wages it disburses as the common paymaster. The
266	common paymaster must compute these contributions as though it
267	were the sole employer of the concurrently employed individuals.
268	If a common paymaster fails to timely remit these contributions
269	or reports, in whole or in part, the common paymaster remains
270	liable for the full amount of the unpaid portion of these
271	contributions. In addition, each of the other related
272	corporations using the common paymaster is jointly and severally
273	liable for its appropriate share of these contributions. Each
274	related corporation's share equals the greater of:
275	a.  The liability of the common paymaster under this
276	chapter, after taking into account any contributions made.
277	b.  The liability under this chapter which, notwithstanding
278	this section, would have existed for the wages from the other
279	related corporations, reduced by an allocable portion of any
280	contributions previously paid by the common paymaster for those
281	wages.
282	(13)  The following are employment is exempt from coverage
283	under this chapter:
284	(a)  Domestic service in a private home, local college
285	club, or local chapter of a college fraternity or sorority,
286	except as provided in subsection (6).
287	(b)  Service performed on or in connection with a vessel or
288	aircraft that is not an American vessel or American aircraft, if
289	the employee is employed on and in connection with the vessel or
290	aircraft while the vessel or aircraft is outside the United
291	States.
292	(c)  Service performed by an individual engaged in, or as
293	an officer or member of the crew of a vessel engaged in, the
294	catching, taking, harvesting, cultivating, or farming of any
295	kind of fish, shellfish, crustacea, sponges, seaweeds, or other
296	aquatic forms of animal and vegetable life, including service
297	performed by an individual as an ordinary incident to engaging
298	in those activities, except:
299	1.  Service performed in connection with the catching or
300	taking of salmon or halibut for commercial purposes.
301	2.  Service performed on, or in connection with, a vessel
302	of more than 10 net tons, determined in the manner provided for
303	determining the registered tonnage of merchant vessels under the
304	laws of the United States.
305	(d)  Service performed by an individual in the employ of
306	his or her son, daughter, or spouse, including step
307	relationships, and service performed by a child, or stepchild,
308	under the age of 21 in the employ of his or her father, mother,
309	stepfather, or stepmother.
310	(e)  Service performed in the employ of the Federal
311	Government or of an instrumentality of the Federal Government
312	which is:
313	1.  Wholly or partially owned by the United States.
314	2.  Exempt from the tax imposed by s. 3301 of the Internal
315	Revenue Code under a federal law that specifically cites s.
316	3301, or the corresponding section of prior law, in granting the
317	exemption. However, to the extent that the United States
318	Congress permits the state to require an instrumentality of the
319	Federal Government to make payments into the Unemployment
320	Compensation Trust Fund under this chapter, this chapter applies
321	to that instrumentality, and to services performed for that
322	instrumentality, in the same manner, to the same extent, and on
323	the same terms as other employers, employing units, individuals,
324	and services. If this state is not certified for any year by the
325	Secretary of Labor under s. 3304 of the federal Internal Revenue
326	Code, the tax collection service provider shall refund the
327	payments required of each instrumentality of the Federal
328	Government for that year from the fund in the same manner and
329	within the same period as provided in s. 443.141(6) for
330	contributions erroneously collected.
331	(f)  Service performed in the employ of a public employer
332	as defined in s. 443.036, except as provided in subsection (2),
333	and service performed in the employ of an instrumentality of a
334	public employer as described in s. 443.036(35)(b) or (c), to the
335	extent that the instrumentality is immune under the United
336	States Constitution from the tax imposed by s. 3301 of the
337	Internal Revenue Code for that service.
338	(g)  Service performed in the employ of a corporation,
339	community chest, fund, or foundation that is organized and
340	operated exclusively for religious, charitable, scientific,
341	testing for public safety, literary, or educational purposes or
342	for the prevention of cruelty to children or animals. This
343	exemption does not apply to an employer if part of the
344	employer's net earnings inures to the benefit of any private
345	shareholder or individual or if a substantial part of the
346	employer's activities involve carrying on propaganda, otherwise
347	attempting to influence legislation, or participating or
348	intervening in, including the publishing or distributing of
349	statements, a political campaign on behalf of a candidate for
350	public office, except as provided in subsection (3).
351	(h)  Service for which unemployment compensation is payable
352	under an unemployment compensation system established by the
353	United States Congress, of which this chapter is not a part.
354	(i)1.  Service performed during a calendar quarter in the
355	employ of an organization exempt from the federal income tax
356	under s. 501(a) of the Internal Revenue Code, other than an
357	organization described in s. 401(a), or under s. 521, if the
358	remuneration for the service is less than $50.
359	2.  Service performed in the employ of a school, college,
360	or university, if the service is performed by a student who is
361	enrolled and is regularly attending classes at the school,
362	college, or university.
363	(j)  Service performed in the employ of a foreign
364	government, including service as a consular or other officer or
365	employee of a nondiplomatic representative.
366	(k)  Service performed in the employ of an instrumentality
367	wholly owned by a foreign government if:
368	1.  The service is of a character similar to that performed
369	in foreign countries by employees of the Federal Government or
370	of an instrumentality of the Federal Government; and
371	2.  The United States Secretary of State certifies to the
372	United States Secretary of the Treasury that the foreign
373	government for whose instrumentality the exemption is claimed
374	grants an equivalent exemption for similar service performed in
375	the foreign country by employees of the Federal Government and
376	of instrumentalities of the Federal Government.
377	(l)  Service performed as a student nurse in the employ of
378	a hospital or a nurses' training school by an individual who is
379	enrolled and is regularly attending classes in a nurses'
380	training school chartered or approved under state law, service
381	performed as an intern in the employ of a hospital by an
382	individual who has completed a 4-year course in a medical school
383	chartered or approved under state law, and service performed by
384	a patient of a hospital for the hospital.
385	(m)  Service performed by an individual for a person as an
386	insurance agent or as an insurance solicitor, if all of the
387	service performed by the individual for that person is performed
388	for remuneration solely by way of commission, except for
389	services performed in accordance with 26 U.S.C. s. 3306(c)(7)
390	and (8). For purposes of this section, those benefits excluded
391	from the wages subject to this chapter under s. 443.1217(2)(b)-
392	(f), inclusive, are not considered remuneration.
393	(n)  Service performed by an individual for a person as a
394	real estate salesperson or agent, if all of the service
395	performed by the individual for that person is performed for
396	remuneration solely by way of commission.
397	(o)  Service performed by an individual under the age of 18
398	in the delivery or distribution of newspapers or shopping news,
399	excluding delivery or distribution to any point for subsequent
400	delivery or distribution.
401	(p)  Service covered by an arrangement between the Agency
402	for Workforce Innovation, or its tax collection service
403	provider, and the agency charged with the administration of
404	another state or federal unemployment compensation law under
405	which all services performed by an individual for an employing
406	unit during the period covered by the employing unit's duly
407	approved election is deemed to be performed entirely within the
408	other agency's state or under the federal law.
409	(q)  Service performed by an individual enrolled at a
410	nonprofit or public educational institution that normally
411	maintains a regular faculty and curriculum and normally has a
412	regularly organized body of students in attendance at the place
413	where its educational activities are carried on, if the
414	institution certifies to the employer that the individual is a
415	student in a full-time program, taken for credit at the
416	institution that combines academic instruction with work
417	experience, and that the service is an integral part of the
418	program. This paragraph does not apply to service performed in a
419	program established for or on behalf of an employer or group of
420	employers.
421	(r)  Service performed by an individual for a person as a
422	barber, if all of the service performed by the individual for
423	that person is performed for remuneration solely by way of
424	commission.
425	(s)  Casual labor not in the course of the employer's trade
426	or business.
427	(t)  Service performed by a speech therapist, occupational
428	therapist, or physical therapist who is nonsalaried and working
429	under a written contract with a home health agency as defined in
430	s. 400.462.
431	(u)  Service performed by a direct seller. As used in this
432	paragraph, the term "direct seller" means a person:
433	1.a.  Who is engaged in the trade or business of selling or
434	soliciting the sale of consumer products to buyers on a buy-sell
435	basis, on a deposit-commission basis, or on a similar basis, for
436	resale in the home or in another place that is not a permanent
437	retail establishment; or
438	b.  Who is engaged in the trade or business of selling or
439	soliciting the sale of consumer products in the home or in
440	another place that is not a permanent retail establishment;
441	2.  Substantially all of whose remuneration for services
442	described in subparagraph 1., regardless of whether paid in
443	cash, is directly related to sales or other output, rather than
444	to the number of hours worked; and
445	3.  Who performs the services under a written contract with
446	the person for whom the services are performed, if the contract
447	provides that the person will not be treated as an employee for
448	those services for federal tax purposes.
449	(v)  Service performed by a nonresident alien for the
450	period he or she is temporarily present in the United States as
451	a nonimmigrant under subparagraph (F) or subparagraph (J) of s.
452	101(a)(15) of the Immigration and Nationality Act, and which is
453	performed to carry out the purpose specified in subparagraph (F)
454	or subparagraph (J), as applicable.
455	(w)  Service performed by an individual for remuneration
456	for a private, for-profit delivery or messenger service, if the
457	individual:
458	1.  Is free to accept or reject jobs from the delivery or
459	messenger service and the delivery or messenger service does not
460	have control over when the individual works;
461	2.  Is remunerated for each delivery, or the remuneration
462	is based on factors that relate to the work performed, including
463	receipt of a percentage of any rate schedule;
464	3.  Pays all expenses, and the opportunity for profit or
465	loss rests solely with the individual;
466	4.  Is responsible for operating costs, including fuel,
467	repairs, supplies, and motor vehicle insurance;
468	5.  Determines the method of performing the service,
469	including selection of routes and order of deliveries;
470	6.  Is responsible for the completion of a specific job and
471	is liable for any failure to complete that job;
472	7.  Enters into a contract with the delivery or messenger
473	service which specifies that the individual is an independent
474	contractor and not an employee of the delivery or messenger
475	service; and
476	8.  Provides the vehicle used to perform the service.
477	(x)  Service performed in agricultural labor by an
478	individual who is an alien admitted to the United States to
479	perform service in agricultural labor under ss. 101(a)(15)(H)
480	and 214(c) of the Immigration and Nationality Act.
481	(y)  Service performed by a person who is an inmate of a
482	penal institution.
483	Section 5.  Subsection (2) of section 443.1217, Florida
484	Statutes, is amended to read:
485	443.1217  Wages.--
486	(2)  For the purpose of determining an employer's
487	contributions, the following wages are exempt from this chapter:
488	(a)  That part of remuneration paid to an individual by an
489	employer for employment during a calendar year in excess of the
490	first $7,000 of remuneration paid to the individual by the
491	employer or his or her predecessor during that calendar year,
492	unless that part of the remuneration is subject to a tax, under
493	a federal law imposing the tax, against which credit may be
494	taken for contributions required to be paid into a state
495	unemployment fund. As used in this section only, the term
496	"employment" includes services constituting employment under any
497	employment security law of another state or of the Federal
498	Government.
499	(b)  Payment by an employing unit with respect to services
500	performed for, or on behalf of, an individual employed by the
501	employing unit under a plan or system established by the
502	employing unit which provides for payment to its employees
503	generally or to a class of its employees, including any amount
504	paid by the employing unit for insurance or annuities or paid
505	into a fund on account of:
506	1.  Sickness or accident disability. When payment is made
507	to an employee or any of his or her dependents, this
508	subparagraph exempts from the wages subject to this chapter only
509	those payments received under a workers' compensation law.
510	2.  Medical and hospitalization expenses in connection with
511	sickness or accident disability.
512	3.  Death, if the employee:
513	a.  Does not have the option to receive, in lieu of the
514	death benefit, part of the payment or, if the death benefit is
515	insured, part of the premiums or contributions to premiums paid
516	by his or her employing unit; and
517	b.  Does not have the right under the plan, system, or
518	policy providing the death benefit to assign the benefit or to
519	receive cash consideration in lieu of the benefit upon his or
520	her withdrawal from the plan or system; upon termination of the
521	plan, system, or policy; or upon termination of his or her
522	services with the employing unit.
523	(c)  Payment on account of sickness or accident disability,
524	or payment of medical or hospitalization expenses in connection
525	with sickness or accident disability, by an employing unit to,
526	or on behalf of, an individual performing services for the
527	employing unit more than 6 calendar months after the last
528	calendar month the individual performed services for the
529	employing unit.
530	(d)  Payment by an employing unit, without deduction from
531	the remuneration of an individual employed by the employing
532	unit, of the tax imposed upon the individual under s. 3101 of
533	the federal Internal Revenue Code for services performed.
534	(e)  The value of:
535	1.  Meals furnished to an employee or the employee's spouse
536	or dependents by the employer on the business premises of the
537	employer for the convenience of the employer; or
538	2.  Lodging furnished to an employee or the employee's
539	spouse or dependents by the employer on the business premises of
540	the employer for the convenience of the employer when lodging is
541	included as a condition of employment.
542	(f)  Payment made by an employing unit to, or on behalf of,
543	an individual performing services for the employing unit or a
544	beneficiary of the individual:
545	1.  From or to a trust described in s. 401(a) of the
546	Internal Revenue Code of 1954 which is exempt from tax under s.
547	501(a) at the time of payment, unless payment is made to an
548	employee of the trust as remuneration for services rendered as
549	an employee of the trust and not as a beneficiary of the trust;
550	2.  Under or to an annuity plan that, at the time of
551	payment, is a plan described in s. 403(a) of the Internal
552	Revenue Code of 1954;
553	3.  Under a simplified employee pension if, at the time of
554	payment, it is reasonable to believe that the employee is
555	entitled to a deduction under s. 219(b)(2) of the Internal
556	Revenue Code of 1954 for the payment;
557	4.  Under or to an annuity contract described in s. 403(b)
558	of the Internal Revenue Code of 1954, other than a payment for
559	the purchase of an annuity contract as part of a salary
560	reduction agreement, regardless of whether the agreement is
561	evidenced by a written instrument or otherwise;
562	5.  Under or to an exempt governmental deferred
563	compensation plan described in s. 3121(v)(3) of the Internal
564	Revenue Code of 1954;
565	6.  To supplement pension benefits under a plan or trust
566	described in subparagraphs 1.-5. to account for some portion or
567	all of the increase in the cost of living, as determined by the
568	United States Secretary of Labor, since retirement, but only if
569	the supplemental payments are under a plan that is treated as a
570	welfare plan under s. 3(2)(B)(ii) of the Employee Retirement
571	Income Security Act of 1974; or
572	7.  Under a cafeteria plan, as defined in s. 125 of the
573	Internal Revenue Code of 1986, as amended, if the payment would
574	not be treated as wages without regard to such plan and it is
575	reasonable to believe that, if s. 125 of the Internal Revenue
576	Code of 1986, as amended, applied for purposes of this section,
577	s. 125 of the Internal Revenue Code of 1986, as amended, would
578	not treat any wages as constructively received.
579	(g)  Payment made, or benefit provided, by an employing
580	unit to or for the benefit of an individual performing services
581	for the employing unit or a beneficiary of the individual if, at
582	the time of such payment or provision of the benefit, it is
583	reasonable to believe that the individual may exclude the
584	payment or benefit from income under s. 127 of the Internal
585	Revenue Code of 1986, as amended.
586	Section 6.  Paragraphs (e) through (j) of subsection (3) of
587	section 443.131, Florida Statutes, are amended to read:
588	443.131  Contributions.--
589	(3)  VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
590	EXPERIENCE.--
591	(e)  Assignment of variations from the standard rate.--
592	1.  The tax collection service provider shall assign a
593	variation from the standard rate of contributions for each
594	calendar year to each eligible employer. In determining the
595	contribution rate, varying from the standard rate to be assigned
596	each employer, adjustment factors computed under sub-
597	subparagraphs a.-c. shall be added to the benefit ratio. This
598	addition shall be accomplished in two steps by adding a variable
599	adjustment factor and a final adjustment factor. The sum of
600	these adjustment factors computed under sub-subparagraphs a.-c.
601	shall first be algebraically summed. The sum of these adjustment
602	factors shall next be divided by a gross benefit ratio
603	determined as follows: Total benefit payments for the 3-year
604	period described in subparagraph (b)2. shall be charged to
605	employers eligible for a variation from the standard rate, minus
606	excess payments for the same period, divided by taxable payroll
607	entering into the computation of individual benefit ratios for
608	the calendar year for which the contribution rate is being
609	computed. The ratio of the sum of the adjustment factors
610	computed under sub-subparagraphs a.-c. to the gross benefit
611	ratio shall be multiplied by each individual benefit ratio that
612	is less than the maximum contribution rate to obtain variable
613	adjustment factors; except that in any instance in which the sum
614	of an employer's individual benefit ratio and variable
615	adjustment factor exceeds the maximum contribution rate, the
616	variable adjustment factor shall be reduced in order that the
617	sum equals the maximum contribution rate. The variable
618	adjustment factor for each of these employers is multiplied by
619	his or her taxable payroll entering into the computation of his
620	or her benefit ratio. The sum of these products shall be divided
621	by the taxable payroll of the employers who entered into the
622	computation of their benefit ratios. The resulting ratio shall
623	be subtracted from the sum of the adjustment factors computed
624	under sub-subparagraphs a.-c. to obtain the final adjustment
625	factor. The variable adjustment factors and the final adjustment
626	factor shall be computed to five decimal places and rounded to
627	the fourth decimal place. This final adjustment factor shall be
628	added to the variable adjustment factor and benefit ratio of
629	each employer to obtain each employer's contribution rate. An
630	employer's contribution rate may not, however, be rounded to
631	less than 0.1 percent.
632	a.  An adjustment factor for noncharge benefits shall be
633	computed to the fifth decimal place and rounded to the fourth
634	decimal place by dividing the amount of noncharge benefits
635	during the 3-year period described in subparagraph (b)2. by the
636	taxable payroll of employers eligible for a variation from the
637	standard rate who have a benefit ratio for the current year
638	which is less than the maximum contribution rate. For purposes
639	of computing this adjustment factor, the taxable payroll of
640	these employers is the taxable payrolls for the 3 years ending
641	June 30 of the current calendar year as reported to the tax
642	collection service provider by September 30 of the same calendar
643	year. As used in this sub-subparagraph, the term "noncharge
644	benefits" means benefits paid to an individual from the
645	Unemployment Compensation Trust Fund, but which were not charged
646	to the employment record of any employer.
647	b.  An adjustment factor for excess payments shall be
648	computed to the fifth decimal place, and rounded to the fourth
649	decimal place by dividing the total excess payments during the
650	3-year period described in subparagraph (b)2. by the taxable
651	payroll of employers eligible for a variation from the standard
652	rate who have a benefit ratio for the current year which is less
653	than the maximum contribution rate. For purposes of computing
654	this adjustment factor, the taxable payroll of these employers
655	is the same figure used to compute the adjustment factor for
656	noncharge benefits under sub-subparagraph a. As used in this
657	sub-subparagraph, the term "excess payments" means the amount of
658	benefits charged to the employment record of an employer during
659	the 3-year period described in subparagraph (b)2., less the
660	product of the maximum contribution rate and the employer's
661	taxable payroll for the 3 years ending June 30 of the current
662	calendar year as reported to the tax collection service provider
663	by September 30 of the same calendar year. As used in this sub-
664	subparagraph, the term "total excess payments" means the sum of
665	the individual employer excess payments for those employers that
666	were eligible to be considered for assignment of a contribution
667	rate different from a variation from the standard rate.
668	c.  If the balance of the Unemployment Compensation Trust
669	Fund on June 30 of the calendar year immediately preceding the
670	calendar year for which the contribution rate is being computed
671	is less than 3.7 percent of the taxable payrolls for the year
672	ending June 30 as reported to the tax collection service
673	provider by September 30 of that calendar year, a positive
674	adjustment factor shall be computed. The positive adjustment
675	factor shall be computed annually to the fifth decimal place and
676	rounded to the fourth decimal place by dividing the sum of the
677	total taxable payrolls for the year ending June 30 of the
678	current calendar year as reported to the tax collection service
679	provider by September 30 of that calendar year into a sum equal
680	to one-fourth of the difference between the balance of the fund
681	as of June 30 of that calendar year and the sum of 4.7 percent
682	of the total taxable payrolls for that year. The positive
683	adjustment factor remains in effect for subsequent years until
684	the balance of the Unemployment Compensation Trust Fund as of
685	June 30 of the year immediately preceding the effective date of
686	the contribution rate equals or exceeds 3.7 percent of the
687	taxable payrolls for the year ending June 30 of the current
688	calendar year as reported to the tax collection service provider
689	by September 30 of that calendar year. If the balance of the
690	Unemployment Compensation Trust Fund as of June 30 of the year
691	immediately preceding the calendar year for which the
692	contribution rate is being computed exceeds 4.7 percent of the
693	taxable payrolls for the year ending June 30 of the current
694	calendar year as reported to the tax collection service provider
695	by September 30 of that calendar year, a negative adjustment
696	factor shall be computed. The negative adjustment factor shall
697	be computed annually to the fifth decimal place and rounded to
698	the fourth decimal place by dividing the sum of the total
699	taxable payrolls for the year ending June 30 of the current
700	calendar year as reported to the tax collection service provider
701	by September 30 of the calendar year into a sum equal to one-
702	fourth of the difference between the balance of the fund as of
703	June 30 of the current calendar year and 4.7 percent of the
704	total taxable payrolls of that year. The negative adjustment
705	factor remains in effect for subsequent years until the balance
706	of the Unemployment Compensation Trust Fund as of June 30 of the
707	year immediately preceding the effective date of the
708	contribution rate is less than 4.7 percent, but more than 3.7
709	percent of the taxable payrolls for the year ending June 30 of
710	the current calendar year as reported to the tax collection
711	service provider by September 30 of that calendar year.
712	d.  The maximum contribution rate that may be assigned to
713	an employer is 5.4 percent, except employers participating in an
714	approved short-time compensation plan may be assigned a maximum
715	contribution rate that is 1 percent greater than the maximum
716	contribution rate for other employers in any calendar year in
717	which short-time compensation benefits are charged to the
718	employer's employment record.
719	2.  If the transfer of an employer's employment record to
720	an employing unit under paragraph (f) which, before the
721	transfer, was an employer, the tax collection service provider
722	shall recompute a benefit ratio for the successor employer based
723	on the combined employment records and reassign an appropriate
724	contribution rate to the successor employer effective on the
725	first day of the calendar quarter immediately after the
726	effective date of the transfer.
727	(f)  Transfer of employment records.--
728	1.  For the purposes of this subsection, two or more
729	employers who are parties to a transfer of business or the
730	subject of a merger, consolidation, or other form of
731	reorganization, effecting a change in legal identity or form,
732	are deemed a single employer and are considered to be one
733	employer with a continuous employment record if the tax
734	collection service provider finds that the successor employer
735	continues to carry on the employing enterprises of all of the
736	predecessor employers and that the successor employer has paid
737	all contributions required of and due from all of the
738	predecessor employers and has assumed liability for all
739	contributions that may become due from all of the predecessor
740	employers. In addition, an employer may not be considered a
741	successor under this subparagraph if the employer purchases a
742	company with a lower rate into which employees with job
743	functions unrelated to the business endeavors of the predecessor
744	are transferred for the purpose of acquiring the low rate and
745	avoiding payment of contributions. As used in this paragraph,
746	notwithstanding s. 443.036(14), the term "contributions" means
747	all indebtedness to the tax collection service provider,
748	including, but not limited to, interest, penalty, collection
749	fee, and service fee. A successor employer must accept the
750	transfer of all of the predecessor employers' employment records
751	within 30 days after the date of the official notification of
752	liability by succession. If a predecessor employer has unpaid
753	contributions or outstanding quarterly reports, the successor
754	employer must pay the total amount with certified funds within
755	30 days after the date of the notice listing the total amount
756	due. After the total indebtedness is paid, the tax collection
757	service provider shall transfer the employment records of all of
758	the predecessor employers to the successor employer's employment
759	record. The tax collection service provider shall determine the
760	contribution rate of the combined successor and predecessor
761	employers upon the transfer of the employment records, as
762	prescribed by rule, in order to calculate any change in the
763	contribution rate resulting from the transfer of the employment
764	records.
765	2.  Regardless of whether a predecessor employer's
766	employment record is transferred to a successor employer under
767	this paragraph, the tax collection service provider shall treat
768	the predecessor employer, if he or she subsequently employs
769	individuals, as an employer without a previous employment record
770	or, if his or her coverage is terminated under s. 443.121, as a
771	new employing unit.
772	3.  The state agency providing unemployment tax collection
773	services may adopt rules governing the partial transfer of
774	experience rating when an employer transfers an identifiable and
775	segregable portion of his or her payrolls and business to a
776	successor employing unit. As a condition of each partial
777	transfer, these rules must require the following to be filed
778	with the tax collection service provider: an application by the
779	successor employing unit, an agreement by the predecessor
780	employer, and the evidence required by the tax collection
781	service provider to show the benefit experience and payrolls
782	attributable to the transferred portion through the date of the
783	transfer. These rules must provide that the successor employing
784	unit, if not an employer subject to this chapter, becomes an
785	employer as of the date of the transfer and that the transferred
786	portion of the predecessor employer's employment record is
787	removed from the employment record of the predecessor employer.
788	For each calendar year after the date of the transfer of the
789	employment record in the records of the tax collection service
790	provider, the service provider shall compute the contribution
791	rate payable by the successor employer or employing unit based
792	on his or her employment record, combined with the transferred
793	portion of the predecessor employer's employment record. These
794	rules may also prescribe what contribution rates are payable by
795	the predecessor and successor employers for the period between
796	the date of the transfer of the transferred portion of the
797	predecessor employer's employment record in the records of the
798	tax collection service provider and the first day of the next
799	calendar year.
800	4.  This paragraph does not apply to an employee leasing
801	company and client contractual agreement as defined in s.
802	443.036. The tax collection service provider shall, if the
803	contractual agreement is terminated or the employee leasing
804	company fails to submit reports or pay contributions as required
805	by the service provider, treat the client as a new employer
806	without previous employment record unless the client is
807	otherwise eligible for a variation from the standard rate.
808	(g)  Transfer of unemployment experience upon transfer or
809	acquisition of a business.--Notwithstanding any other provision
810	of law, the following shall apply regarding assignment of rates
811	and transfers of experience:
812	1.a.  If an employer transfers its trade or business, or a
813	portion thereof, to another employer and, at the time of the
814	transfer, there is any common ownership, management, or control
815	of the two employers, then the unemployment experience
816	attributable to the transferred trade or business shall be
817	transferred to the employer to whom such business is so
818	transferred. The rates of both employers shall be recalculated
819	and made effective as of the beginning of the calendar quarter
820	immediately following the date of the transfer of trade or
821	business unless the transfer occurred on the first day of a
822	calendar quarter in which case the rate shall be recalculated as
823	of that date.
824	b.  If, following a transfer of experience under sub-
825	subparagraph a., the Agency for Workforce Innovation or the tax
826	collection service provider determines that a substantial
827	purpose of the transfer of trade or business was to obtain a
828	reduced liability for contributions, then the experience rating
829	account of the employers involved shall be combined into a
830	single account and a single rate assigned to such account.
831	2.  Whenever a person who is not an employer under this
832	chapter at the time it acquires the trade or business of an
833	employer, the unemployment experience of the acquired business
834	shall not be transferred to such person if the Agency for
835	Workforce Innovation or the tax collection service provider
836	finds that such person acquired the business solely or primarily
837	for the purpose of obtaining a lower rate of contributions.
838	Instead, such person shall be assigned the new employer rate
839	under paragraph (2)(a). In determining whether the business was
840	acquired solely or primarily for the purpose of obtaining a
841	lower rate of contributions, the tax collection service provider
842	shall consider, but not be limited to, the following factors:
843	a.  Whether the person continued the business enterprise of
844	the acquired business;
845	b.  How long such business enterprise was continued; or
846	c.  Whether a substantial number of new employees were
847	hired for performance of duties unrelated to the business
848	activity conducted prior to acquisition.
849	3.  If a person knowingly violates or attempts to violate
850	subparagraphs 1. or 2. or any other provision of this chapter
851	related to determining the assignment of a contribution rate, or
852	if a person knowingly advises another person to violate the law,
853	the person shall be subject to the following penalties:
854	a.  If the person is an employer, then such employer shall
855	be assigned the highest rate assignable under this chapter for
856	the rate year during which such violation or attempted violation
857	occurred and the 3 rate years immediately following this rate
858	year. However, if the person's business is already at such
859	highest rate for any year, or if the amount of increase in the
860	person's rate would be less than 2 percent for such year, then a
861	penalty rate of contributions of 2 percent of taxable wages
862	shall be imposed for such year and the following 3 rate years.
863	b.  If the person is not an employer, such person shall be
864	subject to a civil money penalty of not more than $5,000. The
865	procedures for the assessment of a penalty shall be in
866	accordance with the procedures set forth in s. 443.141(2), and
867	the provisions of s. 443.141(3) shall apply to the collection of
868	the penalty. Any such penalty shall be deposited in the penalty
869	and interest account established under s. 443.211(2).
870	4.  For purposes of subparagraph 3., the term:
871	a.  "Knowingly" means having actual knowledge of or acting
872	with deliberate ignorance or reckless disregard for the
873	prohibition involved.
874	b.  "Violates or attempts to violate" includes, but is not
875	limited to, intent to evade, misrepresentation, or willful
876	nondisclosure.
877	5.  In addition to the penalty imposed by subparagraph 3.,
878	any person who violates this paragraph commits a felony of the
879	third degree, punishable as provided in s. 775.082, s. 775.083,
880	or s. 775.084.
881	6.  The Agency for Workforce Innovation and the tax
882	collection service provider shall establish procedures to
883	identify the transfer or acquisition of a business for purposes
884	of this paragraph and shall adopt any rules necessary to
885	administer this paragraph.
886	7.  For purposes of this paragraph:
887	a.  "Person" has the meaning given such term by s.
888	7701(a)(1) of the Internal Revenue Code of 1986.
889	b.  "Trade or business" shall include the employer's
890	workforce.
891	8.  This paragraph shall be interpreted and applied in such
892	manner as to meet the minimum requirements contained in any
893	guidance or regulations issued by the United States Department
894	of Labor.
895	(h)(g)  Additional conditions for variation from the
896	standard rate.--An employer's contribution rate may not be
897	reduced below the standard rate under this section unless:
898	1.  All contributions, reimbursements, interest, and
899	penalties incurred by the employer for wages paid by him or her
900	in all previous calendar quarters, except the 4 calendar
901	quarters immediately preceding the calendar quarter or calendar
902	year for which the benefit ratio is computed, are paid; and
903	2.  The employer entitled to a rate reduction must have at
904	least one annual payroll as defined in subparagraph (b)1. unless
905	the employer is eligible for additional credit under the Federal
906	Unemployment Tax Act. If the Federal Unemployment Tax Act is
907	amended or repealed in a manner affecting credit under the
908	federal act, this section applies only to the extent that
909	additional credit is allowed against the payment of the tax
910	imposed by the Federal Unemployment Tax Act.
911
912	The tax collection service provider shall assign an earned
913	contribution rate to an employer under subparagraph 1. the
914	quarter immediately after the quarter in which all
915	contributions, reimbursements, interest, and penalties are paid
916	in full.
917	(i)(h)  Notice of determinations of contribution rates;
918	redeterminations.--The state agency providing tax collection
919	services:
920	1.  Shall promptly notify each employer of his or her
921	contribution rate as determined for any calendar year under this
922	section. The determination is conclusive and binding on the
923	employer unless within 20 days after mailing the notice of
924	determination to the employer's last known address, or, in the
925	absence of mailing, within 20 days after delivery of the notice,
926	the employer files an application for review and redetermination
927	setting forth the grounds for review. An employer may not, in
928	any proceeding involving his or her contribution rate or
929	liability for contributions, contest the chargeability to his or
930	her employment record of any benefits paid in accordance with a
931	determination, redetermination, or decision under s. 443.151,
932	except on the ground that the benefits charged were not based on
933	services performed in employment for him or her and then only if
934	the employer was not a party to the determination,
935	redetermination, or decision, or to any other proceeding under
936	this chapter, in which the character of those services was
937	determined.
938	2.  Shall, upon discovery of an error in computation,
939	reconsider any prior determination or redetermination of a
940	contribution rate after the 20-day period has expired and issue
941	a revised notice of contribution rate as redetermined. A
942	redetermination is subject to review, and is conclusive and
943	binding if review is not sought, in the same manner as review of
944	a determination under subparagraph 1. A reconsideration may not
945	be made after March 31 of the calendar year immediately after
946	the calendar year for which the contribution rate is applicable,
947	and interest may not accrue on any additional contributions
948	found to be due until 30 days after the employer is mailed
949	notice of his or her revised contribution rate.
950	3.  May adopt rules providing for periodic notification to
951	employers of benefits paid and charged to their employment
952	records or of the status of those employment records. A
953	notification, unless an application for redetermination is filed
954	in the manner and within the time limits prescribed by the
955	Agency for Workforce Innovation, is conclusive and binding on
956	the employer under this chapter. The redetermination, and the
957	Agency for Workforce Innovation's finding of fact in connection
958	with the redetermination, may be introduced in any subsequent
959	administrative or judicial proceeding involving the
960	determination of the contribution rate of an employer for any
961	calendar year. A redetermination becomes final in the same
962	manner provided in this subsection for findings of fact made by
963	the Agency for Workforce Innovation in proceedings to
964	redetermine the contribution rate of an employer. Pending a
965	redetermination or an administrative or judicial proceeding, the
966	employer must file reports and pay contributions in accordance
967	with this section.
968	(j)(i)  Employment records of employers entering the armed
969	forces.--
970	1.  If the tax collection service provider finds that an
971	employer's business is closed solely because of the entrance of
972	one or more of the owners, officers, partners, or the majority
973	stockholder into the Armed Forces of the United States, or any
974	of its allies, or of the United Nations, the employer's
975	employment record may not be terminated. If the business is
976	resumed within 2 years after the discharge or release from
977	active duty in the armed forces of that person or persons, the
978	employer's benefit experience is deemed to have been continuous
979	throughout that period. The benefit ratio of the employer for
980	the calendar year in which he or she resumed business and the 3
981	calendar years immediately after resuming business is a
982	percentage equal to the total of his or her benefit charges,
983	including charges of benefits paid to any individual during the
984	period the employer was in the armed forces based on wages paid
985	by him or her before the employer's entrance into the armed
986	forces for the 3 most recently completed calendar years divided
987	by that part of his or her total payroll, for which
988	contributions were paid to the tax collection service provider,
989	for the 3 most recent calendar years during the whole of which,
990	respectively, the employer was in business.
991	2.  A refund made under this paragraph shall be made in
992	accordance with s. 443.141(6).
993	(k)(j)  Applicability to contributing employers.--This
994	subsection applies only to contributing employers.
995	Section 7.  Paragraph (b) of subsection (4) and paragraph
996	(b) of subsection (6) of section 443.151, Florida Statutes, are
997	amended to read:
998	443.151  Procedure concerning claims.--
999	(4)  APPEALS.--
1000	(b)  Filing and hearing.--
1001	1.  The claimant or any other party entitled to notice of a
1002	determination may appeal an adverse determination to an appeals
1003	referee within 20 days after the date of mailing of the notice
1004	to her or his last known address or, if the notice is not
1005	mailed, within 20 days after the date of delivery of the notice.
1006	2.  Unless the appeal is untimely or withdrawn or review is
1007	initiated by the commission, the appeals referee, after mailing
1008	all parties and attorneys of record a notice of hearing at least
1009	10 days before the date of hearing, notwithstanding the 14-day
1010	notice requirement in s. 120.569(2)(b), may only affirm, modify,
1011	or reverse the determination. An appeal may not be withdrawn
1012	without the permission of the appeals referee.
1013	3.  However, when an appeal appears to have been filed
1014	after the permissible time limit, the Office of Appeals may
1015	issue an order to show cause to the appellant, requiring the
1016	appellant to show why the appeal should not be dismissed as
1017	untimely. If the appellant does not, within 15 days after the
1018	mailing date of the order to show cause, provide written
1019	evidence of timely filing or good cause for failure to appeal
1020	timely, the appeal shall be dismissed.
1021	4.3.  When an appeal involves a question of whether
1022	services were performed by a claimant in employment or for an
1023	employer, the referee must give special notice of the question
1024	and of the pendency of the appeal to the employing unit and to
1025	the Agency for Workforce Innovation, both of which become
1026	parties to the proceeding.
1027	5.4.  The parties must be notified promptly of the
1028	referee's decision. The referee's decision is final unless
1029	further review is initiated under paragraph (c) within 20 days
1030	after the date of mailing notice of the decision to the party's
1031	last known address or, in lieu of mailing, within 20 days after
1032	the delivery of the notice.
1033	(6)  RECOVERY AND RECOUPMENT.--
1034	(b)  Any person who, by reason other than her or his fraud,
1035	receives benefits under this chapter to which, under a
1036	redetermination or decision pursuant to this section, she or he
1037	is found not entitled, is liable to repay those benefits to the
1038	Agency for Workforce Innovation on behalf of the trust fund or,
1039	in the agency's discretion, to have those benefits deducted from
1040	any future benefits payable to her or him under this chapter.
1041	Any recovery or recoupment of benefits must be effected within 3
1042	2 years after the redetermination or decision.
1043	Section 8.  Paragraph (a) of subsection (1) of section
1044	895.02, Florida Statutes, is amended to read:
1045	895.02  Definitions.--As used in ss. 895.01-895.08, the
1046	term:
1047	(1)  "Racketeering activity" means to commit, to attempt to
1048	commit, to conspire to commit, or to solicit, coerce, or
1049	intimidate another person to commit:
1050	(a)  Any crime which is chargeable by indictment or
1051	information under the following provisions of the Florida
1052	Statutes:
1053	1.  Section 210.18, relating to evasion of payment of
1054	cigarette taxes.
1055	2.  Section 403.727(3)(b), relating to environmental
1056	control.
1057	3.  Section 409.920 or s. 409.9201, relating to Medicaid
1058	fraud.
1059	4.  Section 414.39, relating to public assistance fraud.
1060	5.  Section 440.105 or s. 440.106, relating to workers'
1061	compensation.
1062	6.  Section 443.071(4), relating to creation of a
1063	fictitious employer scheme to commit unemployment compensation
1064	fraud.
1065	7.6.  Section 465.0161, relating to distribution of
1066	medicinal drugs without a permit as an Internet pharmacy.
1067	8.7.  Sections 499.0051, 499.0052, 499.00535, 499.00545,
1068	and 499.0691, relating to crimes involving contraband and
1069	adulterated drugs.
1070	9.8.  Part IV of chapter 501, relating to telemarketing.
1071	10.9.  Chapter 517, relating to sale of securities and
1072	investor protection.
1073	11.10.  Section 550.235, s. 550.3551, or s. 550.3605,
1074	relating to dogracing and horseracing.
1075	12.11.  Chapter 550, relating to jai alai frontons.
1076	13.12.  Chapter 552, relating to the manufacture,
1077	distribution, and use of explosives.
1078	14.13.  Chapter 560, relating to money transmitters, if the
1079	violation is punishable as a felony.
1080	15.14.  Chapter 562, relating to beverage law enforcement.
1081	16.15.  Section 624.401, relating to transacting insurance
1082	without a certificate of authority, s. 624.437(4)(c)1., relating
1083	to operating an unauthorized multiple-employer welfare
1084	arrangement, or s. 626.902(1)(b), relating to representing or
1085	aiding an unauthorized insurer.
1086	17.16.  Section 655.50, relating to reports of currency
1087	transactions, when such violation is punishable as a felony.
1088	18.17.  Chapter 687, relating to interest and usurious
1089	practices.
1090	19.18.  Section 721.08, s. 721.09, or s. 721.13, relating
1091	to real estate timeshare plans.
1092	20.19.  Chapter 782, relating to homicide.
1093	21.20.  Chapter 784, relating to assault and battery.
1094	22.21.  Chapter 787, relating to kidnapping.
1095	23.22.  Chapter 790, relating to weapons and firearms.
1096	24.23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1097	s. 796.05, or s. 796.07, relating to prostitution and sex
1098	trafficking.
1099	25.24.  Chapter 806, relating to arson.
1100	26.25.  Section 810.02(2)(c), relating to specified
1101	burglary of a dwelling or structure.
1102	27.26.  Chapter 812, relating to theft, robbery, and
1103	related crimes.
1104	28.27.  Chapter 815, relating to computer-related crimes.
1105	29.28.  Chapter 817, relating to fraudulent practices,
1106	false pretenses, fraud generally, and credit card crimes.
1107	30.29.  Chapter 825, relating to abuse, neglect, or
1108	exploitation of an elderly person or disabled adult.
1109	31.30.  Section 827.071, relating to commercial sexual
1110	exploitation of children.
1111	32.31.  Chapter 831, relating to forgery and
1112	counterfeiting.
1113	33.32.  Chapter 832, relating to issuance of worthless
1114	checks and drafts.
1115	34.33.  Section 836.05, relating to extortion.
1116	35.34.  Chapter 837, relating to perjury.
1117	36.35.  Chapter 838, relating to bribery and misuse of
1118	public office.
1119	37.36.  Chapter 843, relating to obstruction of justice.
1120	38.37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1121	or s. 847.07, relating to obscene literature and profanity.
1122	39.38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1123	s. 849.25, relating to gambling.
1124	40.39.  Chapter 874, relating to criminal street gangs.
1125	41.40.  Chapter 893, relating to drug abuse prevention and
1126	control.
1127	42.41.  Chapter 896, relating to offenses related to
1128	financial transactions.
1129	43.42.  Sections 914.22 and 914.23, relating to tampering
1130	with a witness, victim, or informant, and retaliation against a
1131	witness, victim, or informant.
1132	44.43.  Sections 918.12 and 918.13, relating to tampering
1133	with jurors and evidence.
1134	Section 9.  For the purpose of incorporating the amendment
1135	to section 895.02, Florida Statutes, in a reference thereto,
1136	paragraph (a) of subsection (1) of section 16.56, Florida
1137	Statutes, is reenacted to read:
1138	16.56  Office of Statewide Prosecution.--
1139	(1)  There is created in the Department of Legal Affairs an
1140	Office of Statewide Prosecution. The office shall be a separate
1141	"budget entity" as that term is defined in chapter 216. The
1142	office may:
1143	(a)  Investigate and prosecute the offenses of:
1144	1.  Bribery, burglary, criminal usury, extortion, gambling,
1145	kidnapping, larceny, murder, prostitution, perjury, robbery,
1146	carjacking, and home-invasion robbery;
1147	2.  Any crime involving narcotic or other dangerous drugs;
1148	3.  Any violation of the provisions of the Florida RICO
1149	(Racketeer Influenced and Corrupt Organization) Act, including
1150	any offense listed in the definition of racketeering activity in
1151	s. 895.02(1)(a), providing such listed offense is investigated
1152	in connection with a violation of s. 895.03 and is charged in a
1153	separate count of an information or indictment containing a
1154	count charging a violation of s. 895.03, the prosecution of
1155	which listed offense may continue independently if the
1156	prosecution of the violation of s. 895.03 is terminated for any
1157	reason;
1158	4.  Any violation of the provisions of the Florida Anti-
1159	Fencing Act;
1160	5.  Any violation of the provisions of the Florida
1161	Antitrust Act of 1980, as amended;
1162	6.  Any crime involving, or resulting in, fraud or deceit
1163	upon any person;
1164	7.  Any violation of s. 847.0135, relating to computer
1165	pornography and child exploitation prevention, or any offense
1166	related to a violation of s. 847.0135;
1167	8.  Any violation of the provisions of chapter 815;
1168	9.  Any criminal violation of part I of chapter 499;
1169	10.  Any violation of the provisions of the Florida Motor
1170	Fuel Tax Relief Act of 2004; or
1171	11.  Any criminal violation of s. 409.920 or s. 409.9201;
1172
1173	or any attempt, solicitation, or conspiracy to commit any of the
1174	crimes specifically enumerated above. The office shall have such
1175	power only when any such offense is occurring, or has occurred,
1176	in two or more judicial circuits as part of a related
1177	transaction, or when any such offense is connected with an
1178	organized criminal conspiracy affecting two or more judicial
1179	circuits.
1180	Section 10.  For the purpose of incorporating the amendment
1181	to section 895.02, Florida Statutes, in a reference thereto,
1182	paragraph (g) of subsection (3) of section 655.50, Florida
1183	Statutes, is reenacted to read:
1184	655.50  Florida Control of Money Laundering in Financial
1185	Institutions Act; reports of transactions involving currency or
1186	monetary instruments; when required; purpose; definitions;
1187	penalties.--
1188	(3)  As used in this section, the term:
1189	(g)  "Specified unlawful activity" means any "racketeering
1190	activity" as defined in s. 895.02.
1191	Section 11.  For the purpose of incorporating the amendment
1192	to section 895.02, Florida Statutes, in a reference thereto,
1193	paragraph (g) of subsection (2) of section 896.101, Florida
1194	Statutes, is reenacted to read:
1195	896.101  Florida Money Laundering Act; definitions;
1196	penalties; injunctions; seizure warrants; immunity.--
1197	(2)  As used in this section, the term:
1198	(g)  "Specified unlawful activity" means any "racketeering
1199	activity" as defined in s. 895.02.
1200	Section 12.  For the purpose of incorporating the amendment
1201	to section 895.02, Florida Statutes, in a reference thereto,
1202	subsection (3) of section 905.34, Florida Statutes, is reenacted
1203	to read:
1204	905.34  Powers and duties; law applicable.--The
1205	jurisdiction of a statewide grand jury impaneled under this
1206	chapter shall extend throughout the state. The subject matter
1207	jurisdiction of the statewide grand jury shall be limited to the
1208	offenses of:
1209	(3)  Any violation of the provisions of the Florida RICO
1210	(Racketeer Influenced and Corrupt Organization) Act, including
1211	any offense listed in the definition of racketeering activity in
1212	s. 895.02(1)(a), providing such listed offense is investigated
1213	in connection with a violation of s. 895.03 and is charged in a
1214	separate count of an information or indictment containing a
1215	count charging a violation of s. 895.03, the prosecution of
1216	which listed offense may continue independently if the
1217	prosecution of the violation of s. 895.03 is terminated for any
1218	reason;
1219
1220	or any attempt, solicitation, or conspiracy to commit any
1221	violation of the crimes specifically enumerated above, when any
1222	such offense is occurring, or has occurred, in two or more
1223	judicial circuits as part of a related transaction or when any
1224	such offense is connected with an organized criminal conspiracy
1225	affecting two or more judicial circuits. The statewide grand
1226	jury may return indictments and presentments irrespective of the
1227	county or judicial circuit where the offense is committed or
1228	triable. If an indictment is returned, it shall be certified and
1229	transferred for trial to the county where the offense was
1230	committed. The powers and duties of, and law applicable to,
1231	county grand juries shall apply to a statewide grand jury except
1232	when such powers, duties, and law are inconsistent with the
1233	provisions of ss. 905.31-905.40.
1234	Section 13.  This act shall take effect July 1, 2005.

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