Florida Senate - 2012 SB 1094
By Senator Hays
20-01008-12 20121094__
1 A bill to be entitled
2 An act relating to workers’ compensation; amending s.
3 440.107, F.S.; revising penalties applicable to
4 employers who fail to secure the payment of workers’
5 compensation as required; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Paragraph (d) of subsection (7) of section
10 440.107, Florida Statutes, is amended to read:
11 440.107 Department powers to enforce employer compliance
12 with coverage requirements.—
13 (7)
14 (d)1. In addition to any penalty, stop-work order, or
15 injunction, the department shall assess against any employer who
16 has failed to secure the payment of compensation as required by
17 this chapter a penalty equal to 2 1.5 times the amount the
18 employer would have paid in premium when applying approved
19 manual rates to the employer’s payroll during periods for which
20 it failed to secure the payment of workers’ compensation
21 required by this chapter within the preceding 1-year 3-year
22 period or $1,000, whichever is greater.
23 2. Any subsequent violation within 5 years after the most
24 recent violation shall, in addition to the penalties set forth
25 in this subsection, be deemed a knowing act within the meaning
26 of s. 440.105.
27 Section 2. This act shall take effect July 1, 2012.