Florida Senate - 2016 SB 1216
By Senator Stargel
15-01190A-16 20161216__
1 A bill to be entitled
2 An act relating to reemployment assistance fraud;
3 providing a short title; amending s. 20.60, F.S.;
4 authorizing the Department of Economic Opportunity to
5 employ law enforcement officers to investigate
6 violations of ch. 443, F.S.; providing qualifications
7 for employment or appointment as a law enforcement
8 officer; specifying the responsibilities of such a law
9 enforcement officer; amending s. 322.142, F.S.; adding
10 the department as an entity that may be issued
11 reproductions from certain files or digital records
12 for specified reasons; amending s. 443.101, F.S.;
13 providing for disqualification from eligibility for
14 reemployment benefits for a specified period of time
15 determined by the number of incidents of false or
16 fraudulent representation and date of repayment of
17 certain overpayments; amending s. 443.151, F.S.;
18 providing methods for the department to collect
19 repayment of benefits; amending s. 895.02, F.S.;
20 expanding the definition of the term “racketeering
21 activity” to include knowingly making false statements
22 or representations or knowingly failing to disclose a
23 material fact to obtain or increase benefits or other
24 payments under ch. 443, F.S., and other specified
25 laws; providing an effective date.
26
27 WHEREAS, the incidence of identity theft and resulting
28 fraud has reached a crisis level, and
29 WHEREAS, identity theft is especially problematic in this
30 state, which the Federal Trade Commission reports has the
31 highest per capita rate of identity theft in the nation, and
32 WHEREAS, stolen identities are used to commit an ever
33 expanding range of fraud, including public assistance fraud, and
34 WHEREAS, identity theft and related fraud harm those whose
35 identities are stolen, rob the social safety net of precious
36 resources, impose unwarranted costs on taxpayers, and undermine
37 public confidence in government, and
38 WHEREAS, the Department of Economic Opportunity’s efforts
39 to detect, prevent, and prosecute fraud have revealed that
40 thousands of fraudulent claims for reemployment assistance are
41 being filed, and
42 WHEREAS, the Department of Economic Opportunity has made
43 prevention, detection, and prosecution of reemployment
44 assistance fraud a top priority and has identified additional
45 resources and tools necessary to effectively combat fraud, NOW,
46 THEREFORE,
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. This act may be cited as the “Department of
51 Economic Opportunity Cybercrime Prevention Act.”
52 Section 2. Paragraph (d) is added to subsection (5) of
53 section 20.60, Florida Statutes, to read:
54 20.60 Department of Economic Opportunity; creation; powers
55 and duties.—
56 (5) The divisions within the department have specific
57 responsibilities to achieve the duties, responsibilities, and
58 goals of the department. Specifically:
59 (d) The Division of Workforce Services may employ law
60 enforcement officers. Each law enforcement officer employed by
61 the division must meet the requirements for employment or
62 appointment as a law enforcement officer specified in s. 943.13
63 and must be certified under chapter 943 as a law enforcement
64 officer by the Department of Law Enforcement. Each law
65 enforcement officer has statewide jurisdiction and authority
66 granted by chapter 901.
67 1. The primary responsibility of each law enforcement
68 officer appointed under this section is the statewide
69 investigation, enforcement, and prosecution of violations of
70 chapter 443 and rules adopted thereunder, as well as other state
71 laws that the division is specifically authorized to enforce.
72 2. The secondary responsibility of each law enforcement
73 officer appointed under this section is to enforce all other
74 state laws; however, such enforcement must be incidental to the
75 officer’s exercise of his or her primary responsibility, and an
76 officer may exercise the powers of a deputy sheriff only after
77 consultation or coordination with the appropriate local
78 sheriff’s office or municipal police department or when the
79 division participates in the Florida Mutual Aid Plan during a
80 declared state emergency.
81 Section 3. Present paragraphs (k) and (l) of subsection (4)
82 of section 322.142, Florida Statutes, are redesignated as
83 paragraphs (l) and (m), respectively, and a new paragraph (k) is
84 added to that subsection, to read:
85 322.142 Color photographic or digital imaged licenses.—
86 (4) The department may maintain a film negative or print
87 file. The department shall maintain a record of the digital
88 image and signature of the licensees, together with other data
89 required by the department for identification and retrieval.
90 Reproductions from the file or digital record are exempt from
91 the provisions of s. 119.07(1) and may be made and issued only:
92 (k) To the Department of Economic Opportunity pursuant to
93 an interagency agreement to facilitate the validation of
94 reemployment assistance claims and the identification of
95 fraudulent or false reemployment assistance claims.
96 Section 4. Subsection (6) of section 443.101, Florida
97 Statutes, is amended to read:
98 443.101 Disqualification for benefits.—An individual shall
99 be disqualified for benefits:
100 (6) For making any false or fraudulent representation for
101 the purpose of obtaining benefits contrary to this chapter,
102 constituting a violation under s. 443.071. The disqualification
103 imposed under this subsection begins shall begin with the week
104 in which the false or fraudulent representation is made and
105 continues shall continue for a period of:
106 (a) Five years not to exceed 1 year after the date the
107 Department of Economic Opportunity discovers the first incident
108 of false or fraudulent representation and until any overpayment
109 of benefits resulting from such representation has been repaid
110 in full.
111 (b) Ten years after the date the Department of Economic
112 Opportunity discovers the second incident of false or fraudulent
113 representation, which must occur in a benefit year other than
114 the benefit year of the first incident, and until any
115 overpayment of benefits resulting from such representation has
116 been repaid in full.
117 (c) The lifetime of the individual after the date the
118 Department of Economic Opportunity discovers the third incident
119 of false or fraudulent representation, which must occur in a
120 benefit year that is not the benefit year of the first or second
121 incident.
122
123 This disqualification may be appealed in the same manner as any
124 other disqualification imposed under this section. A conviction
125 by any court of competent jurisdiction in this state of the
126 offense prohibited or punished by s. 443.071 is conclusive upon
127 the appeals referee and the commission of the making of the
128 false or fraudulent representation for which disqualification is
129 imposed under this section.
130 Section 5. Paragraph (e) of subsection (6) of section
131 443.151, Florida Statutes, is amended to read:
132 443.151 Procedure concerning claims.—
133 (6) RECOVERY AND RECOUPMENT.—
134 (e) The department shall collect the repayment of benefits
135 without interest by any of the following methods: the deduction
136 of benefits through a redetermination or by a civil action.
137 1. The deduction of reemployment assistance benefits
138 through a redetermination.
139 2. The recovery of overpayments through attachment and
140 garnishment as provided in chapters 76 and 77. An overpayment
141 determination, decision, or order issued by the department or
142 commission which has become final as provided in this section
143 may be enforced by attachment or garnishment in the same manner
144 as a judgment of any court of competent jurisdiction as provided
145 in chapters 76 and 77 for a debt due. Upon application to the
146 clerk of court by the department, a writ shall be issued by the
147 clerk of court as upon a judgment of the court duly docketed and
148 recorded. These writs must be returnable to the court. A bond
149 may not be required of the department as a condition for the
150 issuance of a writ of attachment or a writ of garnishment.
151 Issues raised under proceedings by attachment or garnishment
152 must be tried by the court in the same manner as a judgment
153 under chapters 76 and 77. Venue for attachment and garnishment
154 proceedings originating under this section is in Leon County.
155 3. Any additional recovery method provided for by law.
156 Section 6. Paragraph (a) of subsection (1) of section
157 895.02, Florida Statutes, is amended to read:
158 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
159 (1) “Racketeering activity” means to commit, to attempt to
160 commit, to conspire to commit, or to solicit, coerce, or
161 intimidate another person to commit:
162 (a) Any crime that is chargeable by petition, indictment,
163 or information under the following provisions of the Florida
164 Statutes:
165 1. Section 210.18, relating to evasion of payment of
166 cigarette taxes.
167 2. Section 316.1935, relating to fleeing or attempting to
168 elude a law enforcement officer and aggravated fleeing or
169 eluding.
170 3. Section 403.727(3)(b), relating to environmental
171 control.
172 4. Section 409.920 or s. 409.9201, relating to Medicaid
173 fraud.
174 5. Section 414.39, relating to public assistance fraud.
175 6. Section 440.105 or s. 440.106, relating to workers’
176 compensation.
177 7. Section 443.071(1) or (4) Section 443.071(4), relating
178 to creation of a fictitious employer scheme to commit
179 reemployment assistance fraud.
180 8. Section 465.0161, relating to distribution of medicinal
181 drugs without a permit as an Internet pharmacy.
182 9. Section 499.0051, relating to crimes involving
183 contraband and adulterated drugs.
184 10. Part IV of chapter 501, relating to telemarketing.
185 11. Chapter 517, relating to sale of securities and
186 investor protection.
187 12. Section 550.235 or s. 550.3551, relating to dogracing
188 and horseracing.
189 13. Chapter 550, relating to jai alai frontons.
190 14. Section 551.109, relating to slot machine gaming.
191 15. Chapter 552, relating to the manufacture, distribution,
192 and use of explosives.
193 16. Chapter 560, relating to money transmitters, if the
194 violation is punishable as a felony.
195 17. Chapter 562, relating to beverage law enforcement.
196 18. Section 624.401, relating to transacting insurance
197 without a certificate of authority, s. 624.437(4)(c)1., relating
198 to operating an unauthorized multiple-employer welfare
199 arrangement, or s. 626.902(1)(b), relating to representing or
200 aiding an unauthorized insurer.
201 19. Section 655.50, relating to reports of currency
202 transactions, when such violation is punishable as a felony.
203 20. Chapter 687, relating to interest and usurious
204 practices.
205 21. Section 721.08, s. 721.09, or s. 721.13, relating to
206 real estate timeshare plans.
207 22. Section 775.13(5)(b), relating to registration of
208 persons found to have committed any offense for the purpose of
209 benefiting, promoting, or furthering the interests of a criminal
210 gang.
211 23. Section 777.03, relating to commission of crimes by
212 accessories after the fact.
213 24. Chapter 782, relating to homicide.
214 25. Chapter 784, relating to assault and battery.
215 26. Chapter 787, relating to kidnapping or human
216 trafficking.
217 27. Chapter 790, relating to weapons and firearms.
218 28. Chapter 794, relating to sexual battery, but only if
219 such crime was committed with the intent to benefit, promote, or
220 further the interests of a criminal gang, or for the purpose of
221 increasing a criminal gang member’s own standing or position
222 within a criminal gang.
223 29. Former s. 796.03, former s. 796.035, s. 796.04, s.
224 796.05, or s. 796.07, relating to prostitution.
225 30. Chapter 806, relating to arson and criminal mischief.
226 31. Chapter 810, relating to burglary and trespass.
227 32. Chapter 812, relating to theft, robbery, and related
228 crimes.
229 33. Chapter 815, relating to computer-related crimes.
230 34. Chapter 817, relating to fraudulent practices, false
231 pretenses, fraud generally, and credit card crimes.
232 35. Chapter 825, relating to abuse, neglect, or
233 exploitation of an elderly person or disabled adult.
234 36. Section 827.071, relating to commercial sexual
235 exploitation of children.
236 37. Section 828.122, relating to fighting or baiting
237 animals.
238 38. Chapter 831, relating to forgery and counterfeiting.
239 39. Chapter 832, relating to issuance of worthless checks
240 and drafts.
241 40. Section 836.05, relating to extortion.
242 41. Chapter 837, relating to perjury.
243 42. Chapter 838, relating to bribery and misuse of public
244 office.
245 43. Chapter 843, relating to obstruction of justice.
246 44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
247 s. 847.07, relating to obscene literature and profanity.
248 45. Chapter 849, relating to gambling, lottery, gambling or
249 gaming devices, slot machines, or any of the provisions within
250 that chapter.
251 46. Chapter 874, relating to criminal gangs.
252 47. Chapter 893, relating to drug abuse prevention and
253 control.
254 48. Chapter 896, relating to offenses related to financial
255 transactions.
256 49. Sections 914.22 and 914.23, relating to tampering with
257 or harassing a witness, victim, or informant, and retaliation
258 against a witness, victim, or informant.
259 50. Sections 918.12 and 918.13, relating to tampering with
260 jurors and evidence.
261 Section 7. This act shall take effect upon becoming a law.