House Bill 4805
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4805
By Representative Westbrook
1 A bill to be entitled
2 An act relating to workers' compensation;
3 providing definitions; authorizing certain
4 businesses to elect to be exempt from
5 requirements of the Florida Workers'
6 Compensation Law under certain circumstances;
7 providing requirements; providing for waiver of
8 the exemption; providing for other benefits;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Definitions.--As used in this act:
14 (1) "Free employment zone" means any area in a county,
15 contiguous to Alabama or Georgia, which is designated as an
16 empowerment zone, enterprise community, or enterprise zone.
17 (2) "Eligible new business" means any corporation,
18 person, proprietorship, firm, company, or other legal entity
19 authorized to do business within this state which:
20 (a) Conducts permanent business activities with a
21 permanent place of business at a location within a free
22 employment zone, provided, any business already doing business
23 within the free employment zone which adds a minimum of 10
24 full-time, permanent jobs at its place of business shall be an
25 eligible new business for all jobs at that place of business.
26 (b) Initially employs, on a permanent, full-time
27 basis, at least 10 residents of such county, and maintains
28 employment of at least 10 such persons on a permanent,
29 full-time basis.
30
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4805
588-119-98
1 (c) Pays all employees at the site of the eligible new
2 business a base hourly wage, exclusive of benefits, equal to
3 at least 120 percent of the federal minimum wage.
4 (d) Provides adequate notice of the provisions of this
5 act to each new employee at the time of initial employment.
6 (3) "Adequate notice" means posting a notice as
7 required by s. 440.055, Florida Statutes, providing each new
8 employee a copy of this act, and the execution by each new
9 employee, at the time of initial employment, of a written and
10 sworn acknowledgment that the employee has read, or has had
11 read to the employee, all provisions of this act and that the
12 employee fully understands that the employee will not be
13 entitled to certain benefits or protections under chapter 440,
14 Florida Statutes, the Workers' Compensation Law.
15 (4) "Employer" has the same meaning as set forth in s.
16 440.02, Florida Statutes.
17 (5) "Employee" has the same meaning as set forth in s.
18 440.02(13)(c), Florida Statutes, but does not include any
19 person excluded under s. 440.02(13)(d), Florida Statutes, on
20 the effective date of this act or as otherwise amended.
21 Section 2. Exemption.--As long as an employer
22 qualifies as an eligible new business, and if the employer
23 does not waive the provisions of this act, the employer shall
24 not be subject to the requirements or entitled to the
25 protections set forth in chapter 440, Florida Statutes,
26 regardless of the number of persons employed by the employer.
27 As long as an employer qualifies as an eligible new business,
28 an employee of the eligible new business shall not be entitled
29 to the protections or rights set forth in chapter 440, Florida
30 Statutes.
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4805
588-119-98
1 Section 3. Waiver of exemption.--An eligible new
2 business may elect to waive the exemption provided for in this
3 act and to obtain the immunity for employers set forth in
4 chapter 440, Florida Statutes. Such election shall be
5 conclusively evidenced by the eligible new business' purchase
6 of workers compensation insurance which complies with the
7 requirements of chapter 440, Florida Statutes.
8 Section 4. Other benefits.--An employer and an
9 employee at an eligible new business shall have the right to
10 enter into such additional or other agreement as they see fit
11 regarding benefits payable to the employee, including, by way
12 of illustration, accidental death or dismemberment insurance,
13 health insurance, or disability or wage replacement insurance,
14 or rights and remedies of the employee against the employer or
15 coemployees in the event of injury, death, or disability
16 suffered in connection with or related to employment. Nothing
17 in this act, or otherwise contained in the laws of this state,
18 shall be deemed to restrict or limit the effectiveness of any
19 such additional or other agreement.
20 Section 5. This act shall take effect upon becoming a
21 law.
22
23 *****************************************
24 HOUSE SUMMARY
25
Authorizes eligible new businesses in empowerment zones,
26 enterprise communities, or enterprise zones in counties
contiguous to Alabama or Georgia to elect to be exempt
27 from requirements of the Florida Workers' Compensation
Law under specified circumstances. Provides for waiver of
28 the exemption and authorizes the provision of other
benefits. See bill for details.
29
30
31
3