CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 3907
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Financial Services offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 442.006, Florida Statutes, is
18 amended to read:
19 442.006 Investigations by the division; refusal to
20 admit; penalty.--
21 (1) The division shall make studies and investigations
22 with respect to safety provisions and the causes of injuries
23 in public sector places of employment employments covered by
24 this chapter, and shall make to the Legislature and public
25 sector employers and carriers such recommendations as it
26 considers proper as to the best means of preventing injuries.
27 In making such studies and investigations, the division may:
28 (a) Cooperate with any agency of the United States
29 charged with the duty of enforcing any law securing safety
30 against injury in any public sector place of employment
31 covered by this chapter, or any agency or department of the
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HOUSE AMENDMENT
Bill No. HB 3907
Amendment No. 1 (for drafter's use only)
1 state engaged in enforcing any laws to assure safety for
2 employees.
3 (b) Allow any such agency or department to have access
4 to the records of the division.
5 (2) The division and its authorized representatives
6 may enter and inspect any public sector place of employment at
7 any reasonable time for the purpose of investigating
8 compliance with this chapter and making inspections for the
9 proper enforcement of this chapter. Any public sector employer
10 or owner who refuses to admit any member of the division or
11 its authorized representative to any public sector place of
12 employment or to allow investigation and inspection pursuant
13 to this paragraph is guilty of a misdemeanor of the second
14 degree, punishable as provided in s. 775.082 or s. 775.083.
15 Section 2. Section 442.008, Florida Statutes, is
16 amended to read:
17 442.008 Division authority.--The division shall:
18 (1) Investigate and prescribe what safety devices,
19 safeguards, or other means of protection must be adopted for
20 the prevention of accidents in every public sector employment
21 or place of employment; determine what suitable devices,
22 safeguards, or other means of protection for the prevention of
23 occupational diseases must be adopted or followed in any or
24 all such public sector employments or places of employment;
25 and adopt reasonable rules for the prevention of accidents and
26 the prevention of occupational diseases.
27 (2) Ascertain, fix, and order such reasonable
28 standards and rules for the construction, repair, and
29 maintenance of public sector places of employment as shall
30 render them safe. Such rules and standards must be adopted in
31 accordance with chapter 120.
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HOUSE AMENDMENT
Bill No. HB 3907
Amendment No. 1 (for drafter's use only)
1 (3) Assist employers in the development and
2 implementation of employee safety training programs by
3 contracting with professional safety organizations.
4 Section 3. Section 442.0085, Florida Statutes, is
5 created to read:
6 442.0085 State consultation program.--
7 (1) The division is hereby authorized to create a
8 state consultation program separate and distinct from the
9 consultation program operated pursuant to contract with the
10 Occupational Health and Safety Administration of the United
11 States.
12 (2) The division shall administer the state
13 consultation program created in subsection (1) of this section
14 on a fee-for-services basis. The division shall not utilize
15 dollars from the Workers' Compensation Administration Trust
16 Fund to fund any costs associated with the creation or
17 administration of the state consultation program.
18 Section 4. Section 442.013, Florida Statutes, is
19 amended to read:
20 442.013 Public employer penalties.--If any public
21 employer violates or fails or refuses to comply with this
22 chapter or with any rule adopted by the division, in
23 accordance with chapter 120, for the prevention of injuries,
24 accidents, or occupational diseases or with any lawful order
25 of the division in connection with this chapter, or fails or
26 refuses to furnish or adopt any safety device, safeguard, or
27 other means of protection prescribed by the division under
28 this chapter for the prevention of accidents or occupational
29 diseases, the division may assess against the public employer
30 a civil penalty of not less than $100 nor more than $5,000 for
31 each day the violation, omission, failure, or refusal
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HOUSE AMENDMENT
Bill No. HB 3907
Amendment No. 1 (for drafter's use only)
1 continues after the public employer has been given notice
2 thereof in writing. The total penalty for each violation may
3 not exceed $50,000. The division shall adopt rules requiring
4 penalties commensurate with the frequency or severity, or
5 both, of safety violations. A hearing must be held in the
6 county where the violation, omission, failure, or refusal is
7 alleged to have occurred, unless otherwise agreed to by the
8 public employer and authorized by the division.
9 Section 5. Section 442.019, Florida Statutes, is
10 amended to read:
11 442.019 Compliance.--Failure of a public sector an
12 employer or a carrier to comply with this chapter or with any
13 rules adopted under this chapter constitutes grounds for the
14 division to seek remedies, including injunctive relief, for
15 compliance by making appropriate filings with the Circuit
16 Court of Leon County.
17 Section 6. Sections 442.003, 442.009, 442.0105,
18 442.015, and 442.017, Florida Statutes, are hereby repealed.
19 Section 7. This act shall take effect upon becoming a
20 law.
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24 And the title is amended as follows:
25 On page 1, lines 2-11
26 remove from the title of the bill: all of said lines
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28 and insert in lieu thereof:
29 An act relating to occupational safety and
30 health; amending s. 442.006, F.S.; relating to
31 investigations of the Division of Safety of the
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hfs0004 10:04 am 03907-fs -940239
HOUSE AMENDMENT
Bill No. HB 3907
Amendment No. 1 (for drafter's use only)
1 Department of Labor & Employment Security;
2 amending s. 442.008, F.S.; relating to the
3 authority of the Division of Safety; creating
4 s. 442.0085, F.S.; authorizing the division to
5 create a state consultation program; amending
6 s. 442.013, F.S.; relating to employer
7 penalties; amending s. 442.019, F.S.; relating
8 to compliance; repealing ss. 442.003, 442.009,
9 442.0105, 442.015, and 442.017, F.S., relating
10 to legislative intent, compliance, enforcement,
11 and penalties for workplace safety programs and
12 practices; providing an effective date.
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File original & 9 copies 04/17/98
hfs0004 10:04 am 03907-fs -940239