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. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 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. 31 1 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. 30 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 413 520-170-97 1 ***************************************** 2 HOUSE SUMMARY 3 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3