Bill Amendment: FL S1568 | 2018 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Prohibited Activities under the Workers' Compensation Law
Status: 2018-03-10 - Died in Commerce and Tourism [S1568 Detail]
Download: Florida-2018-S1568-Senate_Committee_Amendment_951928.html
Bill Title: Prohibited Activities under the Workers' Compensation Law
Status: 2018-03-10 - Died in Commerce and Tourism [S1568 Detail]
Download: Florida-2018-S1568-Senate_Committee_Amendment_951928.html
Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1568 Ì951928IÎ951928 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Farmer) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (a) of subsection (4) of section 6 440.09, Florida Statutes, is amended to read: 7 440.09 Coverage.— 8 (4)(a) An employee isshallnotbeentitled to compensation 9 or benefits under this chapter if any judge of compensation 10 claims, administrative law judge, court, or jury convened in 11 this state determines that the employee has knowingly or 12 intentionally engaged in any of the acts described in s. 440.105 13 or any criminal act for the purpose of securing workers’ 14 compensation benefits. However, in the context of a 15 communication with an employer, an insurance company and its 16 agents, a self-insured program and its agents, a medical 17 provider, or the Division of Administrative Hearings, any 18 written or oral statement containing incomplete or inaccurate 19 information or documentation of an employee’s citizenship, 20 residency, or other employment status may not constitute a basis 21 for denying compensation or benefits under this chapter. For 22 purposes of this section, the term “intentional” includesshall23include, but is not limited to, pleas of guilty or nolo 24 contendere in criminal matters. This section appliesshall apply25 to accidents,regardless of the date of the accident. For 26 injuries occurring prior to January 1, 1994, this section shall 27 pertain to the acts of the employee described in s. 440.105 or 28 criminal activities occurring subsequent to January 1, 1994. 29 Section 2. Paragraph (b) of subsection (4) of section 30 440.105, Florida Statutes, is amended to read: 31 440.105 Prohibited activities; reports; penalties; 32 limitations.— 33 (4) Whoever violates any provision of this subsection 34 commits insurance fraud, punishable as provided in paragraph 35 (f). 36 (b) It shall be unlawful for any person: 37 1. To knowingly make, or cause to be made, any false, 38 fraudulent, or misleading oral or written statement for the 39 purpose of obtaining or denying any benefit or payment under 40 this chapter. 41 2. To present or cause to be presented any written or oral 42 statement as part of, or in support of, a claim for payment or 43 other benefit pursuant to any provision of this chapter, knowing 44 that such statement contains any false, incomplete, or 45 misleading information concerning any fact or thing material to 46 such claim. 47 3. To prepare or cause to be prepared any written or oral 48 statement that is intended to be presented to any employer, 49 insurance company, or self-insured program in connection with, 50 or in support of, any claim for payment or other benefit 51 pursuant to any provision of this chapter, knowing that such 52 statement contains any false, incomplete, or misleading 53 information concerning any fact or thing material to such claim. 54 4. To knowingly assist, conspire with, or urge any person 55 to engage in activity prohibited by this section. 56 5. To knowingly make any false, fraudulent, or misleading 57 oral or written statement, or to knowingly omit or conceal 58 material information, required by s. 440.185 or s. 440.381, for 59 the purpose of obtaining workers’ compensation coverage or for 60 the purpose of avoiding, delaying, or diminishing the amount of 61 payment of any workers’ compensation premiums. 62 6. To knowingly misrepresent or conceal payroll, 63 classification of workers, or information regarding an 64 employer’s loss history which would be material to the 65 computation and application of an experience rating modification 66 factor for the purpose of avoiding or diminishing the amount of 67 payment of any workers’ compensation premiums. 68 7. To knowingly present or cause to be presented any false, 69 fraudulent, or misleading oral or written statement to any 70 person as evidence of compliance with s. 440.38, as evidence of 71 eligibility for a certificate of exemption under s. 440.05. 72 8. To knowingly violate a stop-work order issued by the 73 department pursuant to s. 440.107. 749. To knowingly present or cause to be presented any false,75fraudulent, or misleading oral or written statement to any76person as evidence of identity for the purpose of obtaining77employment or filing or supporting a claim for workers’78compensation benefits.79 Section 3. This act shall take effect October 1, 2018. 80 81 ================= T I T L E A M E N D M E N T ================ 82 And the title is amended as follows: 83 Delete everything before the enacting clause 84 and insert: 85 A bill to be entitled 86 An act relating to prohibited activities under the 87 Workers’ Compensation Law; amending s. 440.09, F.S.; 88 specifying that certain statements containing 89 incomplete or inaccurate information and relating to 90 an employee’s citizenship, residency, or other 91 employment status may not constitute a basis for 92 denying workers’ compensation benefits; amending s. 93 440.105, F.S.; deleting a prohibition against 94 knowingly presenting, or causing to be presented, 95 certain statements as evidence of identity for certain 96 purposes; providing an effective date.