Florida Senate - 2016                             CS for SB 1216
       
       
        
       By the Committee on Commerce and Tourism; and Senator Stargel
       
       577-03604A-16                                         20161216c1
    1                        A bill to be entitled                      
    2         An act relating to reemployment assistance fraud;
    3         providing a short title; amending s. 322.142, F.S.;
    4         adding the Department of Economic Opportunity as an
    5         entity that may be issued reproductions from certain
    6         files or digital records for specified reasons;
    7         amending s. 443.101, F.S.; revising provisions
    8         relating to disqualification from reemployment
    9         assistance benefits; amending s. 895.02, F.S.;
   10         expanding the definition of the term “racketeering
   11         activity” to include knowingly making false statements
   12         or representations or knowingly failing to disclose a
   13         material fact to obtain or increase benefits or other
   14         payments under ch. 443, F.S., and other specified
   15         laws; providing an effective date.
   16  
   17         WHEREAS, the incidence of identity theft and resulting
   18  fraud has reached a crisis level, and
   19         WHEREAS, identity theft is especially problematic in this
   20  state, which the Federal Trade Commission reports has the
   21  highest per capita rate of identity theft in the nation, and
   22         WHEREAS, stolen identities are used to commit an ever
   23  expanding range of fraud, including public assistance fraud, and
   24         WHEREAS, identity theft and related fraud harm those whose
   25  identities are stolen, rob the social safety net of precious
   26  resources, impose unwarranted costs on taxpayers, and undermine
   27  public confidence in government, and
   28         WHEREAS, the Department of Economic Opportunity’s efforts
   29  to detect, prevent, and prosecute fraud have revealed that
   30  thousands of fraudulent claims for reemployment assistance are
   31  being filed, and
   32         WHEREAS, the Department of Economic Opportunity has made
   33  prevention, detection, and prosecution of reemployment
   34  assistance fraud a top priority and has identified additional
   35  resources and tools necessary to effectively combat fraud, NOW,
   36  THEREFORE,
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. This act may be cited as the “Department of
   41  Economic Opportunity Cybercrime Prevention Act.”
   42         Section 2. Present paragraphs (k) and (l) of subsection (4)
   43  of section 322.142, Florida Statutes, are redesignated as
   44  paragraphs (l) and (m), respectively, and a new paragraph (k) is
   45  added to that subsection, to read:
   46         322.142 Color photographic or digital imaged licenses.—
   47         (4) The department may maintain a film negative or print
   48  file. The department shall maintain a record of the digital
   49  image and signature of the licensees, together with other data
   50  required by the department for identification and retrieval.
   51  Reproductions from the file or digital record are exempt from
   52  the provisions of s. 119.07(1) and may be made and issued only:
   53         (k) To the Department of Economic Opportunity pursuant to
   54  an interagency agreement to facilitate the validation of
   55  reemployment assistance claims and the identification of
   56  fraudulent or false reemployment assistance claims.
   57         Section 3. Subsection (6) of section 443.101, Florida
   58  Statutes, is amended to read:
   59         443.101 Disqualification for benefits.—An individual shall
   60  be disqualified for benefits:
   61         (6) For making any false or fraudulent representation for
   62  the purpose of obtaining benefits contrary to this chapter,
   63  constituting a violation under s. 443.071. The disqualification
   64  imposed under this subsection shall begin with the week in which
   65  the false or fraudulent representation is made and shall
   66  continue for a period not to exceed 1 year after the date the
   67  Department of Economic Opportunity discovers the false or
   68  fraudulent representation and until any overpayment of benefits
   69  resulting from such representation has been repaid in full.
   70  However, if the false or fraudulent representation made for the
   71  purpose of obtaining benefits contrary to this chapter,
   72  constituting a violation under s. 443.071, is made in
   73  furtherance of any state or federal felony crime relating to
   74  identity theft or inappropriate use of personally identifying
   75  information, the disqualification imposed under this subsection
   76  shall be for a period of 5 years after the date the individual
   77  is convicted of such state or federal felony crime the first
   78  time, and 10 years after the date the individual is convicted of
   79  such state or federal felony crime the second or subsequent
   80  time.
   81  
   82  These disqualifications This disqualification may be appealed in
   83  the same manner as any other disqualification imposed under this
   84  section. A conviction by any court of competent jurisdiction in
   85  this state of the offense prohibited or punished by s. 443.071
   86  is conclusive upon the appeals referee and the commission of the
   87  making of the false or fraudulent representation for which
   88  disqualification is imposed under this section.
   89         Section 4. Paragraph (a) of subsection (1) of section
   90  895.02, Florida Statutes, is amended to read:
   91         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
   92         (1) “Racketeering activity” means to commit, to attempt to
   93  commit, to conspire to commit, or to solicit, coerce, or
   94  intimidate another person to commit:
   95         (a) Any crime that is chargeable by petition, indictment,
   96  or information under the following provisions of the Florida
   97  Statutes:
   98         1. Section 210.18, relating to evasion of payment of
   99  cigarette taxes.
  100         2. Section 316.1935, relating to fleeing or attempting to
  101  elude a law enforcement officer and aggravated fleeing or
  102  eluding.
  103         3. Section 403.727(3)(b), relating to environmental
  104  control.
  105         4. Section 409.920 or s. 409.9201, relating to Medicaid
  106  fraud.
  107         5. Section 414.39, relating to public assistance fraud.
  108         6. Section 440.105 or s. 440.106, relating to workers’
  109  compensation.
  110         7. Section 443.071(1) or (4) Section 443.071(4), relating
  111  to creation of a fictitious employer scheme to commit
  112  reemployment assistance fraud.
  113         8. Section 465.0161, relating to distribution of medicinal
  114  drugs without a permit as an Internet pharmacy.
  115         9. Section 499.0051, relating to crimes involving
  116  contraband and adulterated drugs.
  117         10. Part IV of chapter 501, relating to telemarketing.
  118         11. Chapter 517, relating to sale of securities and
  119  investor protection.
  120         12. Section 550.235 or s. 550.3551, relating to dogracing
  121  and horseracing.
  122         13. Chapter 550, relating to jai alai frontons.
  123         14. Section 551.109, relating to slot machine gaming.
  124         15. Chapter 552, relating to the manufacture, distribution,
  125  and use of explosives.
  126         16. Chapter 560, relating to money transmitters, if the
  127  violation is punishable as a felony.
  128         17. Chapter 562, relating to beverage law enforcement.
  129         18. Section 624.401, relating to transacting insurance
  130  without a certificate of authority, s. 624.437(4)(c)1., relating
  131  to operating an unauthorized multiple-employer welfare
  132  arrangement, or s. 626.902(1)(b), relating to representing or
  133  aiding an unauthorized insurer.
  134         19. Section 655.50, relating to reports of currency
  135  transactions, when such violation is punishable as a felony.
  136         20. Chapter 687, relating to interest and usurious
  137  practices.
  138         21. Section 721.08, s. 721.09, or s. 721.13, relating to
  139  real estate timeshare plans.
  140         22. Section 775.13(5)(b), relating to registration of
  141  persons found to have committed any offense for the purpose of
  142  benefiting, promoting, or furthering the interests of a criminal
  143  gang.
  144         23. Section 777.03, relating to commission of crimes by
  145  accessories after the fact.
  146         24. Chapter 782, relating to homicide.
  147         25. Chapter 784, relating to assault and battery.
  148         26. Chapter 787, relating to kidnapping or human
  149  trafficking.
  150         27. Chapter 790, relating to weapons and firearms.
  151         28. Chapter 794, relating to sexual battery, but only if
  152  such crime was committed with the intent to benefit, promote, or
  153  further the interests of a criminal gang, or for the purpose of
  154  increasing a criminal gang member’s own standing or position
  155  within a criminal gang.
  156         29. Former s. 796.03, former s. 796.035, s. 796.04, s.
  157  796.05, or s. 796.07, relating to prostitution.
  158         30. Chapter 806, relating to arson and criminal mischief.
  159         31. Chapter 810, relating to burglary and trespass.
  160         32. Chapter 812, relating to theft, robbery, and related
  161  crimes.
  162         33. Chapter 815, relating to computer-related crimes.
  163         34. Chapter 817, relating to fraudulent practices, false
  164  pretenses, fraud generally, and credit card crimes.
  165         35. Chapter 825, relating to abuse, neglect, or
  166  exploitation of an elderly person or disabled adult.
  167         36. Section 827.071, relating to commercial sexual
  168  exploitation of children.
  169         37. Section 828.122, relating to fighting or baiting
  170  animals.
  171         38. Chapter 831, relating to forgery and counterfeiting.
  172         39. Chapter 832, relating to issuance of worthless checks
  173  and drafts.
  174         40. Section 836.05, relating to extortion.
  175         41. Chapter 837, relating to perjury.
  176         42. Chapter 838, relating to bribery and misuse of public
  177  office.
  178         43. Chapter 843, relating to obstruction of justice.
  179         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  180  s. 847.07, relating to obscene literature and profanity.
  181         45. Chapter 849, relating to gambling, lottery, gambling or
  182  gaming devices, slot machines, or any of the provisions within
  183  that chapter.
  184         46. Chapter 874, relating to criminal gangs.
  185         47. Chapter 893, relating to drug abuse prevention and
  186  control.
  187         48. Chapter 896, relating to offenses related to financial
  188  transactions.
  189         49. Sections 914.22 and 914.23, relating to tampering with
  190  or harassing a witness, victim, or informant, and retaliation
  191  against a witness, victim, or informant.
  192         50. Sections 918.12 and 918.13, relating to tampering with
  193  jurors and evidence.
  194         Section 5. This act shall take effect upon becoming a law.