Bill Text: FL S1568 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibited Activities under the Workers' Compensation Law

Spectrum: Bipartisan Bill

Status: (Failed) 2018-03-10 - Died in Commerce and Tourism [S1568 Detail]

Download: Florida-2018-S1568-Introduced.html

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       Florida Senate - 2018                                    SB 1568
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01290-18                                           20181568__
    1                        A bill to be entitled                      
    2         An act relating to prohibited activities under the
    3         Workers’ Compensation Law; amending s. 440.105, F.S.;
    4         requiring employers to comply with specified
    5         provisions relating to the unlawful employment of
    6         aliens, unfair immigration-related employment
    7         practices, and penalties for document fraud; providing
    8         a criminal penalty for violating such provisions;
    9         exempting certain entities from reporting such
   10         violations to the Division of Investigative and
   11         Forensic Services, Bureau of Workers’ Compensation
   12         Fraud; deleting a prohibition against an employer’s
   13         knowing participation in creating certain employment
   14         relationships; requiring that certain false,
   15         fraudulent, misleading, or incomplete statements or
   16         information be relevant to a person’s eligibility for
   17         workers’ compensation benefits or payments to violate
   18         certain insurance fraud provisions; conforming a
   19         provision to changes made by the act; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (a) of subsection (1), paragraph (b)
   25  of subsection (3), paragraph (b) of subsection (4), and
   26  subsection (7) of section 440.105, Florida Statutes, are
   27  amended, and paragraph (f) of subsection (4) of that section is
   28  republished, to read:
   29         440.105 Prohibited activities; reports; penalties;
   30  limitations.—
   31         (1)(a) Any insurance carrier, any individual self-insured,
   32  any commercial or group self-insurance fund, any professional
   33  practitioner licensed or regulated by the Department of Health,
   34  except as otherwise provided by law, any medical review
   35  committee as defined in s. 766.101, any private medical review
   36  committee, and any insurer, agent, or other person licensed
   37  under the insurance code, or any employee thereof, having
   38  knowledge or who believes that a fraudulent act, other than an
   39  act described in paragraph (3)(b), or that any other act or
   40  practice that which, upon conviction, constitutes a felony or
   41  misdemeanor under this chapter is being or has been committed
   42  shall send to the Division of Investigative and Forensic
   43  Services, Bureau of Workers’ Compensation Fraud, a report or
   44  information pertinent to such knowledge or belief and such
   45  additional information relative thereto as the bureau may
   46  require. The bureau shall review such information or reports and
   47  select such information or reports as, in its judgment, may
   48  require further investigation. It shall then cause an
   49  independent examination of the facts surrounding such
   50  information or report to be made to determine the extent, if
   51  any, to which a fraudulent act or any other act or practice that
   52  which, upon conviction, constitutes a felony or a misdemeanor
   53  under this chapter is being committed. The bureau shall report
   54  any alleged violations of law which its investigations disclose
   55  to the appropriate licensing agency and state attorney or other
   56  prosecuting agency having jurisdiction with respect to any such
   57  violations of this chapter. If prosecution by the state attorney
   58  or other prosecuting agency having jurisdiction with respect to
   59  such violation is not begun within 60 days of the bureau’s
   60  report, the state attorney or other prosecuting agency having
   61  jurisdiction with respect to such violation shall inform the
   62  bureau of the reasons for the lack of prosecution.
   63         (3) Whoever violates any provision of this subsection
   64  commits a misdemeanor of the first degree, punishable as
   65  provided in s. 775.082 or s. 775.083.
   66         (b) An employer in this state shall comply with 8 U.S.C.
   67  ss. 1324a, 1324b, and 1324c, relating to the unlawful employment
   68  of aliens, unfair immigration-related employment practices, and
   69  penalties for document fraud, respectively It shall be unlawful
   70  for any employer to knowingly participate in the creation of the
   71  employment relationship in which the employee has used any
   72  false, fraudulent, or misleading oral or written statement as
   73  evidence of identity.
   74         (4) Whoever violates any provision of this subsection
   75  commits insurance fraud, punishable as provided in paragraph
   76  (f).
   77         (b) It shall be unlawful for any person:
   78         1. To knowingly make, or cause to be made, any false,
   79  fraudulent, or misleading oral or written statement relevant to
   80  his or her eligibility for the purpose of obtaining or denying
   81  any benefit or payment under this chapter.
   82         2. To present or cause to be presented any written or oral
   83  statement relevant to his or her eligibility for as part of, or
   84  in support of, a claim for payment or other benefit pursuant to
   85  any provision of this chapter, knowing that such statement
   86  contains any false, incomplete, or misleading information
   87  concerning any fact or thing material to such claim.
   88         3. To prepare or cause to be prepared any written or oral
   89  statement that is intended to be presented to any employer,
   90  insurance company, or self-insured program in connection with,
   91  or in support of, any claim for payment or other benefit
   92  pursuant to any provision of this chapter, knowing that such
   93  statement contains any false, incomplete, or misleading
   94  information concerning any fact or thing relevant to his or her
   95  eligibility for workers’ compensation benefits material to such
   96  claim.
   97         4. To knowingly assist, conspire with, or urge any person
   98  to engage in activity prohibited by this section.
   99         5. To knowingly make any false, fraudulent, or misleading
  100  oral or written statement, or to knowingly omit or conceal
  101  material information, relevant to his or her eligibility for
  102  workers’ compensation benefits and required by s. 440.185 or s.
  103  440.381, for the purpose of obtaining workers’ compensation
  104  coverage or for the purpose of avoiding, delaying, or
  105  diminishing the amount of payment of any workers’ compensation
  106  premiums.
  107         6. To knowingly misrepresent or conceal payroll,
  108  classification of workers, or information regarding an
  109  employer’s loss history which would be material to the
  110  computation and application of an experience rating modification
  111  factor for the purpose of avoiding or diminishing the amount of
  112  payment of any workers’ compensation premiums.
  113         7. To knowingly present or cause to be presented any false,
  114  fraudulent, or misleading oral or written statement to any
  115  person as evidence of compliance with s. 440.38, as evidence of
  116  eligibility for a certificate of exemption under s. 440.05.
  117         8. To knowingly violate a stop-work order issued by the
  118  department pursuant to s. 440.107.
  119         9. To knowingly present or cause to be presented any false,
  120  fraudulent, or misleading oral or written statement relevant to
  121  his or her eligibility to any person as evidence of identity for
  122  the purpose of obtaining employment or filing or supporting a
  123  claim for workers’ compensation benefits.
  124         (f) If the monetary value of any violation of this
  125  subsection:
  126         1. Is less than $20,000, the offender commits a felony of
  127  the third degree, punishable as provided in s. 775.082, s.
  128  775.083, or s. 775.084.
  129         2. Is $20,000 or more, but less than $100,000, the offender
  130  commits a felony of the second degree, punishable as provided in
  131  s. 775.082, s. 775.083, or s. 775.084.
  132         3. Is $100,000 or more, the offender commits a felony of
  133  the first degree, punishable as provided in s. 775.082, s.
  134  775.083, or s. 775.084.
  135         (7) An injured employee or any other party making a claim
  136  under this chapter shall provide his or her personal signature
  137  attesting that he or she has reviewed, understands, and
  138  acknowledges the following statement: “Any person who, knowingly
  139  and with intent to injure, defraud, or deceive any employer or
  140  employee, insurance company, or self-insured program, files a
  141  statement of claim containing any false or misleading
  142  information relevant to his or her eligibility for workers’
  143  compensation benefits commits insurance fraud, punishable as
  144  provided in s. 817.234.” If the injured employee or other party
  145  refuses to sign the document attesting that he or she has
  146  reviewed, understands, and acknowledges the statement, benefits,
  147  or payments under this chapter must shall be suspended until
  148  such signature is obtained.
  149         Section 2. This act shall take effect October 1, 2018.