Bill Text: FL S1568 | 2018 | Regular Session | Comm Sub

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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-Comm_Sub.html

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       Florida Senate - 2018                             CS for SB 1568
       
       
        
       By the Committee on Banking and Insurance; and Senator Farmer
       
       
       
       
       
       597-03454-18                                          20181568c1
    1                        A bill to be entitled                      
    2         An act relating to prohibited activities under the
    3         Workers’ Compensation Law; amending s. 440.09, F.S.;
    4         specifying that certain statements containing
    5         incomplete or inaccurate information and relating to
    6         an employee’s citizenship, residency, or other
    7         employment status may not constitute a basis for
    8         denying workers’ compensation benefits; amending s.
    9         440.105, F.S.; deleting a prohibition against
   10         knowingly presenting, or causing to be presented,
   11         certain statements as evidence of identity for certain
   12         purposes; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (a) of subsection (4) of section
   17  440.09, Florida Statutes, is amended to read:
   18         440.09 Coverage.—
   19         (4)(a) An employee is shall not be entitled to compensation
   20  or benefits under this chapter if any judge of compensation
   21  claims, administrative law judge, court, or jury convened in
   22  this state determines that the employee has knowingly or
   23  intentionally engaged in any of the acts described in s. 440.105
   24  or any criminal act for the purpose of securing workers’
   25  compensation benefits. However, in the context of a
   26  communication with an employer, an insurance company and its
   27  agents, a self-insured program and its agents, a medical
   28  provider, or the Division of Administrative Hearings, any
   29  written or oral statement containing incomplete or inaccurate
   30  information or documentation of an employee’s citizenship,
   31  residency, or other employment status may not constitute a basis
   32  for denying compensation or benefits under this chapter. For
   33  purposes of this section, the term “intentional” includes shall
   34  include, but is not limited to, pleas of guilty or nolo
   35  contendere in criminal matters. This section applies shall apply
   36  to accidents, regardless of the date of the accident. For
   37  injuries occurring prior to January 1, 1994, this section shall
   38  pertain to the acts of the employee described in s. 440.105 or
   39  criminal activities occurring subsequent to January 1, 1994.
   40         Section 2. Paragraph (b) of subsection (4) of section
   41  440.105, Florida Statutes, is amended to read:
   42         440.105 Prohibited activities; reports; penalties;
   43  limitations.—
   44         (4) Whoever violates any provision of this subsection
   45  commits insurance fraud, punishable as provided in paragraph
   46  (f).
   47         (b) It shall be unlawful for any person:
   48         1. To knowingly make, or cause to be made, any false,
   49  fraudulent, or misleading oral or written statement for the
   50  purpose of obtaining or denying any benefit or payment under
   51  this chapter.
   52         2. To present or cause to be presented any written or oral
   53  statement as part of, or in support of, a claim for payment or
   54  other benefit pursuant to any provision of this chapter, knowing
   55  that such statement contains any false, incomplete, or
   56  misleading information concerning any fact or thing material to
   57  such claim.
   58         3. To prepare or cause to be prepared any written or oral
   59  statement that is intended to be presented to any employer,
   60  insurance company, or self-insured program in connection with,
   61  or in support of, any claim for payment or other benefit
   62  pursuant to any provision of this chapter, knowing that such
   63  statement contains any false, incomplete, or misleading
   64  information concerning any fact or thing material to such claim.
   65         4. To knowingly assist, conspire with, or urge any person
   66  to engage in activity prohibited by this section.
   67         5. To knowingly make any false, fraudulent, or misleading
   68  oral or written statement, or to knowingly omit or conceal
   69  material information, required by s. 440.185 or s. 440.381, for
   70  the purpose of obtaining workers’ compensation coverage or for
   71  the purpose of avoiding, delaying, or diminishing the amount of
   72  payment of any workers’ compensation premiums.
   73         6. To knowingly misrepresent or conceal payroll,
   74  classification of workers, or information regarding an
   75  employer’s loss history which would be material to the
   76  computation and application of an experience rating modification
   77  factor for the purpose of avoiding or diminishing the amount of
   78  payment of any workers’ compensation premiums.
   79         7. To knowingly present or cause to be presented any false,
   80  fraudulent, or misleading oral or written statement to any
   81  person as evidence of compliance with s. 440.38, as evidence of
   82  eligibility for a certificate of exemption under s. 440.05.
   83         8. To knowingly violate a stop-work order issued by the
   84  department pursuant to s. 440.107.
   85         9. To knowingly present or cause to be presented any false,
   86  fraudulent, or misleading oral or written statement to any
   87  person as evidence of identity for the purpose of obtaining
   88  employment or filing or supporting a claim for workers’
   89  compensation benefits.
   90         Section 3. This act shall take effect October 1, 2018.