October 19, 2020
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Amendment CaShTmL-485656.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2270
    Amendment No. ___   Barcode 485656
                            CHAMBER ACTION
              Senate                               House
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       04/23/2004 03:40 PM         .                    
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11  Senator Posey moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 2, between lines 5 and 6,
15  
16  insert:  
17         Section 1.  Paragraph (a) of subsection (7) of section
18  440.107, Florida Statutes, is amended to read:
19         440.107  Department powers to enforce employer
20  compliance with coverage requirements.--
21         (7)(a)  Whenever the department determines that an
22  employer who is required to secure the payment to his or her
23  employees of the compensation provided for by this chapter has
24  failed to secure the payment of workers' compensation required
25  by this chapter or to produce the required business records
26  under subsection (5) within 5 business days after receipt of
27  the written request of the department, such failure shall be
28  deemed an immediate serious danger to public health, safety,
29  or welfare sufficient to justify service by the department of
30  a stop-work order on the employer, requiring the cessation of
31  all business operations. If the department makes such a
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    5:28 PM   04/19/04                              s2270c2c-24k0a

SENATE AMENDMENT Bill No. CS for CS for SB 2270 Amendment No. ___ Barcode 485656 1 determination, the department shall issue a stop-work order 2 within 72 hours. The order shall take effect when served upon 3 the employer or, for a particular employer work site, when 4 served at that work site. In addition to serving a stop-work 5 order at a particular work site which shall be effective 6 immediately, the department shall immediately proceed with 7 service upon the employer which shall be effective upon all 8 employer work sites in the state for which the employer is not 9 in compliance. A stop-work order may be served with regard to 10 an employer's work site by posting a copy of the stop-work 11 order in a conspicuous location at the work site. The order 12 shall remain in effect until the department issues an order 13 releasing the stop-work order upon a finding that the employer 14 has come into compliance with the coverage requirements of 15 this chapter and has paid any penalty assessed under this 16 section. The department may issue an order of conditional 17 release from a stop-work order to an employer upon a finding 18 that the employer has complied with coverage requirements of 19 this chapter and has agreed to remit periodic payments of the 20 penalty pursuant to a payment agreement schedule with the 21 department. If an order of conditional release is issued, 22 failure by the employer to meet any term or condition of such 23 penalty payment agreement shall result in the immediate 24 reinstatement of the stop-work order and the entire unpaid 25 balance of the penalty shall become immediately due. The 26 department may require an employer who is found to have failed 27 to comply with the coverage requirements of s. 440.38 to file 28 with the department, as a condition of release from a 29 stop-work order, periodic reports for a probationary period 30 that shall not exceed 2 years that demonstrate the employer's 31 continued compliance with this chapter. The department shall 2 5:28 PM 04/19/04 s2270c2c-24k0a
SENATE AMENDMENT Bill No. CS for CS for SB 2270 Amendment No. ___ Barcode 485656 1 by rule specify the reports required and the time for filing 2 under this subsection. 3 4 (Redesignate subsequent sections.) 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 On page 1, line 2, after the semicolon, 10 11 insert: 12 amending s. 440.107, F.S.; authorizing the 13 department to issue an order of conditional 14 release from a stop-work order if an employer 15 complies with coverage requirements and a 16 penalty payment agreement; 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 5:28 PM 04/19/04 s2270c2c-24k0a
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