CODING: Words stricken are deletions; words underlined are additions.House Bill 0413
Florida House of Representatives - 1997 HB 413
By Representative Ogles
1 A bill to be entitled
2 An act relating to workers' compensation;
3 amending s. 440.15, F.S.; prohibiting
4 compensation for disability to prisoners under
5 the Workers' Compensation Law during periods of
6 confinement in a public institution; reenacting
7 s. 39.05845(3), F.S., relating to juvenile work
8 programs to incorporate said amendment in a
9 reference; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsection (9) of section 440.15, Florida
14 Statutes, 1996 Supplement, is amended to read:
15 440.15 Compensation for disability.--Compensation for
16 disability shall be paid to the employee, subject to the
17 limits provided in s. 440.12(2), as follows:
18 (9) EMPLOYEE BECOMES CONVICT HELD IN A PUBLIC INMATE
19 OF INSTITUTION.--
20 (a) Notwithstanding any provision to the contrary, in
21 case an employee becomes a convict held in an inmate of a
22 public institution, then no compensation shall be payable for
23 any week following conviction during which the employee is
24 confined as an inmate in the public institution unless he has
25 dependent upon him for support a person or persons defined as
26 dependents elsewhere in this chapter, whose dependency shall
27 be determined as if the employee were deceased and to whom
28 compensation would be paid in case of death; and such
29 compensation as is due such employee shall be paid such
30 dependents during the time he remains such inmate.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 413
520-170-97
1 (b) After the employee's release from confinement, the
2 employee shall be restored to the same position with respect
3 to entitlement to compensation for disability as the employee
4 would have otherwise enjoyed at the point in time of release
5 from confinement. However, except as provided in paragraph
6 (c), the employee shall not be able to recover, recoup, or
7 otherwise be retroactively entitled to any compensation for
8 disability to which the employee would have been entitled
9 without the limitation specified in paragraph (a).
10 (c) If, upon appeal, the conviction is overturned, the
11 employee shall be entitled to recover the compensation for
12 disability to which the employee would have been entitled
13 except for the operation of paragraph (a).
14 Section 2. For the purposes of incorporating the
15 amendment to section 440.15(9), Florida Statutes, 1996
16 Supplement, in a reference thereto, subsection (3) of section
17 39.05845, Florida Statutes, 1996 Supplement, is reenacted to
18 read:
19 39.05845 Juvenile work programs.--
20 (3) Notwithstanding any other law to the contrary,
21 including s. 440.15(9), private sector employers shall provide
22 juveniles participating in juvenile work programs under
23 subsection (2) with workers' compensation coverage, and
24 juveniles shall be entitled to the benefits of such coverage.
25 Nothing in this subsection shall be construed to allow
26 juveniles to participate in unemployment compensation
27 benefits.
28 Section 3. This act shall take effect upon becoming a
29 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 413
520-170-97
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2 HOUSE SUMMARY
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Prohibits compensation for disability to employees who
4 become convicts held in a public institution under the
Workers' Compensation Law during periods of confinement
5 in the public institution.
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