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

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