CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Gay and Hart offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Section 20.171, Florida Statutes, is

18  repealed effective January 1, 2001.

19         Section 2.  (1)  Effective July 1, 2000, the Division

20  of Workers' Compensation and the Office of the Judges of

21  Compensation Claims are transferred by a type two transfer, as

22  defined in section 20.06(2), Florida Statutes, from the

23  Department of Labor and Employment Security to the Department

24  of Insurance, except that 29 full-time equivalent positions,

25  and the associated salaries and benefits and expenses funding,

26  related to oversight of medical services in workers'

27  compensation provider relations, dispute and complaint

28  resolution, program evaluation, data management, and carrier

29  compliance and review, are transferred by a type two transfer,

30  as defined in section 20.06(2), Florida Statutes, from the

31  Department of Labor and Employment Security to the Agency for

                                  1

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Health Care Administration.

  2         (2)  Effective July 1, 2000, all powers, duties,

  3  functions, rules, records, personnel, property, and unexpended

  4  balances of appropriations, allocations, and other funds of

  5  the Division of Workforce and Employment Opportunities related

  6  to the regulation of labor organizations under chapter 447,

  7  Florida Statutes; the administration of child labor laws under

  8  chapter 450, Florida Statutes; and the administration of

  9  migrant labor and farm labor laws under chapter 450, Florida

10  Statutes, are transferred by a type two transfer, as defined

11  in section 20.06(2), Florida Statutes, from the Department of

12  Labor and Employment Security to the Bureau of Workplace

13  Regulation in the Division of Workers' Compensation of the

14  Department of Insurance.

15         (3)  Effective July 1, 2000, any other powers, duties,

16  functions, rules, records, property, and unexpended balances

17  of appropriations, allocations, and other funds of the

18  Department of Labor and Employment Security, not otherwise

19  transferred by this act, relating to workplace regulation and

20  enforcement, including, but not limited to, those under

21  chapter 448, Florida Statutes, are transferred by a type two

22  transfer, as defined in section 20.06(2), Florida Statutes,

23  from the department to the Bureau of Workplace Regulation in

24  the Division of Workers' Compensation of the Department of

25  Insurance.

26         (4)(a)  Effective July 1, 2000, the records, property,

27  and unexpended balances of appropriations, allocations, and

28  other funds and resources of the Office of the Secretary and

29  the Office of Administrative Services of the Department of

30  Labor and Employment Security which support the activities and

31  functions transferred under subsections (1), (2), and (3) are

                                  2

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  transferred as provided in section 20.06(2), Florida Statutes,

  2  to the Division of Workers' Compensation and the Office of the

  3  Judges of Compensation Claims. The Department of Insurance, in

  4  consultation with the Department of Labor and Employment

  5  Security, shall determine the number of positions needed for

  6  administrative support of the programs within the Division of

  7  Workers' Compensation and the Office of the Judges of

  8  Compensation Claims as transferred to the Department of

  9  Insurance. The number of administrative support positions that

10  the Department of Insurance determines are needed shall not

11  exceed the number of administrative support positions that

12  prior to the transfer were authorized to the Department of

13  Labor and Employment Security for this purpose. Upon transfer

14  of the Division of Workers' Compensation and the Office of the

15  Judges of Compensation Claims, the number of required

16  administrative support positions as determined by the

17  Department of Insurance shall also be transferred to the

18  Department of Insurance. The Department of Insurance may

19  transfer and reassign positions as deemed necessary to

20  effectively integrate the activities of the Division of

21  Workers' Compensation. Appointments to time-limited positions

22  under this act and authorized positions under this section may

23  be made without regard to the provisions of 60K-3, 4 and 17,

24  Florida Administrative Code.

25         (b)  Effective July 1, 2000, the records, property, and

26  unexpended balances of appropriations, allocations, and other

27  funds and resources of the Office of the Secretary and the

28  Office of Administrative Services of the Department of Labor

29  and Employment Security which support the activities and

30  functions transferred under subsection (1) to the Agency for

31  Health Care Administration are transferred as provided in

                                  3

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  section 20.06(2), Florida Statutes, to the Agency for Health

  2  Care Administration.

  3         Section 3.  Subsection (2) of section 20.13, Florida

  4  Statutes, is amended, and subsection (7) is added to that

  5  section, to read:

  6         20.13  Department of Insurance.--There is created a

  7  Department of Insurance.

  8         (2)  The following divisions of the Department of

  9  Insurance are established:

10         (a)  Division of Insurer Services.

11         (b)  Division of Insurance Consumer Services.

12         (c)  Division of Agents and Agencies Services.

13         (d)  Division of Rehabilitation and Liquidation.

14         (e)  Division of Risk Management.

15         (f)  Division of State Fire Marshal.

16         (g)  Division of Insurance Fraud.

17         (h)  Division of Administration.

18         (i)  Division of Treasury.

19         (j)  Division of Legal Services.

20         (k)  Division of Workers' Compensation.

21         (7)(a)  A Bureau of Workplace Regulation is created

22  within the Division of Workers' Compensation.

23         (b)  A Bureau of Workplace Safety is created within the

24  Division of Workers' Compensation.

25         Section 4.  Effective October 1, 2000, the Division of

26  Unemployment Compensation is transferred by a type two

27  transfer, as defined in section 20.06(2), Florida Statutes,

28  from the Department of Labor and Employment Security to the

29  Agency for Workforce Innovation.  The resources, data,

30  records, property, and unexpended balances of appropriations,

31  allocations, and other funds within the Office of the

                                  4

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Secretary or any other division, office, bureau, or unit

  2  within the Department of Labor and Employment Security that

  3  support the Division of Unemployment Compensation are

  4  transferred by a type two transfer, as defined in section

  5  20.06(2), Florida Statutes, from the Department of Labor and

  6  Employment Security.  The Agency for Workforce Innovation

  7  shall enter into a contract with the Department of Revenue

  8  which shall provide for the Department of Revenue to provide

  9  unemployment tax collection services.  The Department of

10  Revenue, in consultation with the Agency for Workforce

11  Innovation, shall determine the number of positions needed to

12  provide unemployment tax collection services within the

13  Department of Revenue.  The number of unemployment tax

14  collection service positions the Department of Revenue

15  determines are needed shall not exceed the number of positions

16  that, prior to the contract, were authorized to the Department

17  of Labor and Employment Security for this purpose.  Upon

18  entering into the contract with the Agency for Workforce

19  Innovation to provide unemployment tax collection services,

20  the number of required positions, as determined by the

21  Department of Revenue, shall be transferred from the Agency

22  for Workforce Innovation to the Department of Revenue.

23  Beginning January 1, 2002, the Office of Program Policy

24  Analysis and Government Accountability shall conduct a

25  feasibility study regarding privatization of unemployment tax

26  collection services.  A report on the conclusions of this

27  study shall be submitted to the Governor, the President of the

28  Senate, and the Speaker of the House of Representatives.

29         Section 5.  Effective October 1, 2000, the Office of

30  Information Systems is transferred by a type two transfer, as

31  defined in section 20.06(2), Florida Statutes, from the

                                  5

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Department of Labor and Employment Security to the Department

  2  of Management Services, except that all powers, duties,

  3  functions, rules, records, personnel, property, and unexpended

  4  balances of appropriations, allocations, and other funds of

  5  the office related to workforce information systems planning

  6  are transferred effective October 1, 2000, by a type two

  7  transfer as defined in section 20.06(2), Florida Statutes, to

  8  the Agency for Workforce Innovation.

  9         Section 6.  Effective July 1, 2000, the Minority

10  Business Advocacy and Assistance Office is transferred by a

11  type two transfer as defined in section 20.06(2), Florida

12  Statutes, from the Department of Labor and Employment Security

13  to the Department of Management Services.

14         Section 7.  (1)  Effective upon this act becoming a

15  law, the Florida Task Force on Workplace Safety is established

16  within the Department of Insurance. All members of the task

17  force shall be appointed prior to July 15, 2000, and the task

18  force shall hold its first meeting by August 15, 2000. The

19  task force shall be composed of 15 members as follows:

20         (a)  Five members appointed by the governor, one of

21  whom must be a representative of a statewide business

22  organization, one of whom must be a representative of

23  organized labor, and three of whom must be from private-sector

24  businesses.  The Governor shall name one of the appointees

25  under this paragraph as chair of the task force;

26         Four members appointed by the President of the Senate,

27  one of whom must be a representative of a statewide business

28  organization, one of whom must be a representative of

29  organized labor, and two of whom must be from private-sector

30  businesses;

31         (c)  Four members appointed by the Speaker of the House

                                  6

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  of Representatives, one of whom must be a representative of a

  2  statewide business organization, one of whom must be a

  3  representative of organized labor, and two of whom must be

  4  from private-sector businesses;

  5         (d)  One member appointed from the private-sector by

  6  the Insurance Commissioner; and

  7         (e)  The president of Enterprise Florida, Inc., or his

  8  or her designee from the organization.

  9

10  The Insurance Commissioner or the commissioner's designee from

11  the Department of Insurance shall serve as an ex officio

12  nonvoting member of the task force.

13         (2)  The purpose of the task force is to develop

14  findings and issue recommendations on innovative ways in which

15  the state may employ state or federal resources to reduce the

16  incidence of employee accidents, occupational diseases, and

17  fatalities compensable under the workers' compensation law.

18  The task force shall address issues including, but not limited

19  to:

20         (a)  Alternative organizational structures for the

21  delivery of workplace safety assistance services to businesses

22  following the repeal of the Division of Safety of the

23  Department of Labor and Employment Security under chapter

24  99-240, Laws of Florida;

25         (b)  The extent to which workplace safety assistance

26  services are or may be provided through private-sector

27  sources;

28         (c)  The potential contribution of workplace safety

29  assistance services to a reduction in workers' compensation

30  rates for employers;

31         (d)  Differences in the workplace safety needs of

                                  7

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  businesses based upon the size of the businesses and the

  2  nature of the businesses;

  3         (e)  Differences in the workplace safety needs of

  4  private-sector employers and public-sector employers;

  5         (f)  The relationship between federal and state

  6  workplace safety activities; and

  7         (g)  The impact of workplace safety and workers'

  8  compensation on the economic development efforts of the state.

  9         (3)  The task force shall be located in the Department

10  of Insurance, and staff of the department shall serve as staff

11  for the task force.

12         (4)  Members of the task force shall serve without

13  compensation but will be entitled to per diem and travel

14  expenses pursuant to section 112.061, Florida Statutes, while

15  in the performance of their duties.

16         (5)  The task force may procure information and

17  assistance from any officer or agency of the state or any

18  subdivision thereof. All such officials and agencies shall

19  give the task force all relevant information and assistance on

20  any matter within their knowledge or control.

21         (6)  The task force shall submit a report and

22  recommendations to the Governor, the Insurance Commissioner,

23  the President of the Senate, and the Speaker of the House of

24  Representatives no later than January 1, 2001. The report

25  shall include recommendations on the organizational structure,

26  mission, staffing structure and qualifications, and funding

27  level for the Bureau of Workplace Safety within the Division

28  of Workers' Compensation of the Department of Insurance. The

29  report also shall include any specific recommendations for

30  legislative action during the 2001 Regular Session of the

31  Legislature.

                                  8

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (7)(a)  During fiscal year 2000-2001, the Division of

  2  Workers' Compensation of the Department of Insurance is

  3  authorized to establish 60 time-limited positions on July 1,

  4  2000, which shall be responsible for the 21(d) federal grant

  5  from the Occupational Safety and Health Administration,

  6  federal grants from the U.S. Bureau of Labor Statistics for

  7  statistical research, and for the core responsibilities under

  8  a program for enforcement of safety and health regulations in

  9  the public sector.

10         (b)  After the Task Force on Workplace Safety has

11  issued its report and recommendations, the Division of

12  Workers' Compensation may eliminate the 60 time-limited

13  positions and establish and classify permanent positions as

14  authorized in the fiscal year 2000-2001 General Appropriations

15  Act, or seek a budget amendment as provided in chapter 216,

16  Florida Statutes, to implement the recommendations of the task

17  force.

18         (c)  All records, property, and equipment of the

19  Division of Safety of the Department of Labor and Employment

20  Security, repealed under chapter 99-240, Laws of Florida,

21  shall be transferred to the Bureau of Workplace Safety of the

22  Division of Workers' Compensation of the Department of

23  Insurance for the bureau to retain, use, and maintain during

24  the deliberations of the task force.

25         (8)  The task force shall terminate upon submission of

26  its report.

27         Section 8.  Effective upon this act becoming a law,

28  section 39 of chapter 99-240, Laws of Florida, is amended to

29  read:

30         Section 39.  Effective October 1, 2000 January 1, 2001,

31  the Division of Blind Services is transferred by a type two

                                  9

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  transfer as defined in section 20.06(2) 20.06(5), Florida

  2  Statutes, from the Department of Labor and Employment Security

  3  to the Department of Management Services Education. Effective

  4  October 1, 2000, the records, property, and unexpended

  5  balances of appropriations, allocations, and other funds and

  6  resources of the Office of the Secretary and the Office of

  7  Administrative Services of the Department of Labor and

  8  Employment Security which support the activities and functions

  9  of the department's Division of Blind Services are transferred

10  by a type two transfer, as provided in s. 20.06(2), to the

11  Division of Blind Services in the Department of Management

12  Services.

13         Section 9.  Section 440.565, Florida Statutes, is

14  created to read:

15         440.565  Workplace safety.--

16         (1)  The division shall have the authority to adopt

17  rules for the purpose of assuring safe working conditions for

18  all workers by authorizing the enforcement of effective

19  standards, assisting and encouraging employers to maintain

20  safe working conditions, and by providing for education and

21  training in the field of safety. For public sector employers,

22  the division may by rule adopt subparts C through T and

23  subpart Z of 29 C.F.R. part 1910; subparts C through Z of 29

24  C.F.R. part 1926; subparts A through D, subpart I, and subpart

25  M of 29 C.F.R. part 1928; subparts A through G of 29 C.F.R.

26  part 1917; subparts A through L and subpart Z of 29 C.F.R.

27  part 1915; subparts A through J of 29 C.F.R. part 1918, as

28  revised July 1, 1993, provided that 29 C.F.R. s. 1910.156

29  applies to volunteer firefighters and fire departments

30  operated by the state or political subdivisions; the National

31  Fire Protection Association, Inc., Standard 1500, paragraph

                                  10

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  5-7 (Personal Alert Safety System) (1992 edition); and ANSI A

  2  10.4-1990.

  3         (2)  The provisions of chapter 440 which pertain to

  4  workplace safety shall be applicable to the division.

  5         (3)  All references to the Assistant Secretary of the

  6  Occupational Safety and Health Administration and to the

  7  Director of the National Institute for Occupational Safety and

  8  Health and their authorized representatives in the adopted

  9  federal Occupational Safety and Health Administration

10  standards shall, for purposes of this section, mean the

11  Director of the Division of Workers' Compensation of the

12  Department of Insurance or his or her authorized

13  representatives.

14         Section 10.  Section 255.552, Florida Statutes, is

15  amended to read:

16         255.552  Asbestos management program.--The Secretary of

17  Management Services Labor and Employment Security shall

18  establish an asbestos management program and select an

19  asbestos program administrator.  The asbestos program

20  administrator shall maintain centralized records in

21  Tallahassee of all public building surveys, operation and

22  maintenance plans, and abatement projects. The asbestos

23  program administrator shall select regional asbestos program

24  managers who shall review and approve and comment on all

25  public building survey reports, operation and maintenance

26  plans, and abatement specifications for public buildings.  The

27  regional asbestos program managers shall oversee all abatement

28  work performed in public buildings and shall review and

29  approve and comment on all postabatement inspection reports.

30  Additionally, the regional asbestos program managers shall

31  oversee training of maintenance and custodial workers and

                                  11

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  building supervisors in all public buildings in which an

  2  operation and maintenance plan is administered.  Training

  3  shall be on the safe cleaning and handling of

  4  asbestos-containing materials.  Instructional material for

  5  such training shall be developed by the Department of

  6  Management Services Labor and Employment Security.  This

  7  section does not apply to those structures identified in s.

  8  255.5535.

  9         Section 11.  Subsection (2) of section 252.937, Florida

10  Statutes, is amended to read:

11         252.937  Department powers and duties.--

12         (2)  To ensure that this program is self-supporting,

13  the department shall provide administrative support, including

14  staff, facilities, materials, and services to implement this

15  part for specified stationary sources subject to s. 252.939

16  and shall provide necessary funding to local emergency

17  planning committees and county emergency management agencies

18  for work performed to implement this part. Each state agency

19  with regulatory, inspection, or technical assistance programs

20  for specified stationary sources subject to this part shall

21  enter into a memorandum of understanding with the department

22  which specifically outlines how each agency's staff,

23  facilities, materials, and services will be utilized to

24  support implementation. At a minimum, these agencies and

25  programs include:  the Department of Environmental

26  Protection's Division of Air Resources Management and Division

27  of Water Resource Management, and the Department of

28  Insurance's Labor and Employment Security's Division of

29  Workers' Compensation Safety. It is the Legislature's intent

30  to implement this part as efficiently and economically as

31  possible, using existing expertise and resources, if available

                                  12

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  and appropriate.

  2         Section 12.  Section 627.0915, Florida Statutes, is

  3  amended to read:

  4         627.0915  Rate filings; workers' compensation,

  5  drug-free workplace, and safe employers.--The Department of

  6  Insurance shall approve rating plans for workers' compensation

  7  insurance that give specific identifiable consideration in the

  8  setting of rates to employers that either implement a

  9  drug-free workplace program pursuant to rules adopted by the

10  Division of Workers' Compensation of the Department of Labor

11  and Employment Security or implement a safety program approved

12  by the division of Safety pursuant to rules adopted by the

13  Division of Safety of the Department of Labor and Employment

14  Security or implement both a drug-free workplace program and a

15  safety program. The division of Safety may by rule require

16  that the client of a help supply services company comply with

17  the essential requirements of a workplace safety program as a

18  condition for receiving a premium credit. The plans must take

19  effect January 1, 1994, must be actuarially sound, and must

20  state the savings anticipated to result from such drug-testing

21  and safety programs.

22         Section 13.  Section 440.57, Florida Statutes, is

23  created to read: 440.57  Transfer of Administrative

24  Rules.--The administrative rules of the Department of Labor

25  and Employment Security pertaining to the function of the

26  Division of Safety which are in effect immediately before July

27  1, 2000, and are being transferred and revived pursuant to

28  this act, shall continue in effect as rules of the Division of

29  Workers' Compensation, Bureau of Workplace Safety, until

30  specifically amended by the Department of Insurance.

31         Section 14.  (1)  It is the intent of the Legislature

                                  13

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  that the transfer of responsibilities from the Department of

  2  Labor and Employment Security to other units of state

  3  government as prescribed by this act be accomplished with

  4  minimal disruption of services provided to the public and with

  5  minimal disruption to the employees of the department. To that

  6  end, the Legislature believes that a transition period during

  7  which the activities of the department can be systematically

  8  reduced and the activities of the other applicable units of

  9  state government can be strategically increased is appropriate

10  and warranted.

11         (2)  The Department of Labor and Employment Security

12  and the Department of Management Services shall provide

13  coordinated reemployment assistance to employees of the

14  Department of Labor and Employment Security who are dislocated

15  as a result of this act. The state Workforce Development

16  Board, the regional workforce boards, and staff of the

17  one-stop career centers shall provide assistance to the

18  departments in carrying out the provisions of this section.

19         (3)  The state and its political subdivisions shall

20  give preference in the appointment and the retention of

21  employment to employees of the Department of Labor and

22  Employment Security who are dislocated as a result of this

23  act. Furthermore, for those positions for which an examination

24  is used to determine the qualifications for entrance into

25  employment with the state or its political subdivisions, 10

26  points shall be added to the earned ratings of any employee of

27  the Department of Labor and Employment Security who is

28  dislocated as a result of this act if such person has obtained

29  a qualifying score on the examination for the position.

30  Preference is considered to have expired once such person has

31  been employed by any state agency or any agency of a political

                                  14

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  subdivision of the state.

  2         (4)(a)  There is created the Labor and Employment

  3  Security Transition Team, which will be responsible for

  4  coordinating and overseeing actions necessary to ensure the

  5  timely, comprehensive, efficient, and effective implementation

  6  of the provisions of this act, as well as implementation of

  7  any statutory changes to the Department of Labor and

  8  Employment Security's provision of workforce placement and

  9  development services through the Division of Workforce and

10  Employment Opportunities. By February 1, 2001, the transition

11  team shall submit to the Governor, the President of the

12  Senate, and the Speaker of the House of Representatives a

13  comprehensive report on the transition of the Department of

14  Labor and Employment Security. The report shall include any

15  recommendations on legislative action necessary during the

16  2001 Regular Session of the Legislature to address substantive

17  or technical issues related to the department's transition.

18  The transition team shall terminate on May 15, 2001.

19         (b)  The transition team shall consist of the following

20  members:

21         1.  The Governor or the Governor's designee, who shall

22  serve as chair of the transition team and who shall convene

23  meetings of the transition team;

24         2.  The Secretary of Labor and Employment Security or

25  the secretary's designee;

26         3.  The Secretary of Management Services or the

27  secretary's designee;

28         4.  The Commissioner of Insurance or the commissioner's

29  designee;

30         5.  The executive director of the Department of Revenue

31  or the executive director's designee;

                                  15

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         6.  The director of the Agency for Workforce Innovation

  2  or the director's designee;

  3         7.  The president of Workforce Florida, Inc., or the

  4  president's designee;

  5         8.  The Chief Information Officer for the State; and

  6         9.  Any other members as deemed necessary by and

  7  appointed by the Governor.

  8         (c)  Staff of the Office of Policy and Budget in the

  9  Executive Office of the Governor shall serve as staff for the

10  transition team. In addition, each member of the transition

11  team shall appoint appropriate staff members from the

12  organization that he or she represents to serve as liaisons to

13  the transition team and to assist the transition team as

14  necessary. Each member of the transition team shall be

15  responsible for ensuring that the organization that he or she

16  represents cooperates fully in the implementation of this act.

17         (d)  Between the date this act becomes a law and

18  January 1, 2001, the transition team shall submit bimonthly to

19  the President of the Senate and the Speaker of the House of

20  Representatives brief status reports on the progress and on

21  any significant problems in implementing this act.

22         (5)  The transfer of any programs, activities, and

23  functions under this act shall include the transfer of any

24  records and unexpended balances of appropriations,

25  allocations, or other funds related to such programs,

26  activities, and functions. Any surplus records and unexpended

27  balances of appropriations, allocations, or other funds not so

28  transferred shall be transferred to the Department of

29  Management Services for proper disposition. The Department of

30  Management Services shall become the custodian of any property

31  of the Department of Labor and Employment Security which is

                                  16

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  not otherwise transferred for the purposes of chapter 273,

  2  Florida Statutes. The Department of Management Services is

  3  authorized to permit the use of such property by organizations

  4  as necessary to implement the provisions of this act.

  5         (6)  The transition team, in conjunction with the

  6  Office of the Attorney General, may use any unexpended

  7  balances of the Department of Labor and Employment Security to

  8  settle any claims or leases, pay out personnel annual leave or

  9  sick leave, or close out other costs owed by the department,

10  regardless of whether such costs relate to federal, state, or

11  local governments; department employees; or the private

12  sector. Any remaining balances of the department shall be

13  transferred as directed by this act or by budget amendment.

14         (7)  The transition team shall monitor any personnel

15  plans of the Department of Labor and Employment Security and

16  any implementation activities of the department required by

17  this act. The department shall not fill a vacant position or

18  transfer an employee laterally between any divisions or other

19  units of the department without the approval of the transition

20  team.

21         (8)  The transition team may submit proposals to the

22  Governor and recommend budget amendments to ensure the

23  effective implementation of this act, maintenance of federal

24  funding, and continuation of services to customers without

25  interruption. Prior to October 1, 2000, the transition team,

26  through the Office of Policy and Budget, shall prepare a

27  budget amendment to allocate the resources of the Office of

28  the Secretary, Office of Administrative Services, Division of

29  Unemployment Compensation, and other resources of the

30  Department of Labor and Employment Security not otherwise

31  transferred by this act. The allocation of resources under

                                  17

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  this budget amendment must provide for the maintenance of the

  2  department until January 1, 2001, in order to complete

  3  activities related to the dissolution of the department and

  4  must reserve any remaining funds or positions.

  5         (9)  This section shall take effect upon this act

  6  becoming a law.

  7         Section 15.  To expedite the acquisition of goods and

  8  services for implementing the provisions of this act, the

  9  Department of Revenue, the Department of Insurance, the

10  Department of Management Services, and the Agency for

11  Workforce Innovation are exempt from the provisions of chapter

12  287, Florida Statutes, when contracting for the purchase or

13  lease of goods or services under this act. This section shall

14  take effect upon this act becoming a law and shall expire

15  January 1, 2001.

16         Section 16.  To expedite the leasing of facilities for

17  implementing the provisions of this act, the Department of

18  Revenue, the Department of Insurance, the Department of

19  Management Services, and the Agency for Workforce Innovation

20  are exempt from the requirements of any state laws relating to

21  the leasing of space, including, but not limited to, the

22  requirements imposed by section 255.25, Florida Statutes, and

23  any rules adopted under such laws, provided, however, that all

24  leases entered into under this act through January 1, 2001,

25  must be submitted for approval to the Department of Management

26  Services at the earliest practicable time. This section shall

27  take effect upon this act becoming a law and shall expire

28  January 1, 2001.

29         Section 17.  Notwithstanding the provisions of chapter

30  120, Florida Statutes, to the contrary, the Department of

31  Revenue, the Department of Insurance, the Department of

                                  18

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Management Services, and the Agency for Workforce Innovation

  2  are authorized to develop emergency rules relating to and in

  3  furtherance of the orderly implementation of the provisions of

  4  this act. These emergency rules shall be valid for a period of

  5  270 days after the effective date of this act.

  6         Section 18.  (1)  The Department of Revenue shall

  7  develop and issue notification to all businesses registered

  8  with the Department of Labor and Employment Security for the

  9  purpose of paying unemployment compensation tax imposed

10  pursuant to chapter 443, Florida Statutes. Such notification

11  shall include, but not be limited to, information on the

12  transfer of responsibilities from the Department of Labor and

13  Employment Security to the Department of Revenue and other

14  agencies relating to unemployment compensation activities.

15         (2)  The Department of Revenue is authorized to issue

16  any notices, forms, documents, or publications relating to the

17  unemployment compensation tax which the Division of

18  Unemployment Compensation of the Department of Labor and

19  Employment Security was authorized to issue or publish under

20  chapter 443, Florida Statutes, prior to the transfer of any

21  responsibilities under this act.

22         (3)  The Department of Revenue is authorized to

23  determine the most efficient and effective method for

24  administering, collecting, enforcing, and auditing the

25  unemployment compensation tax in consultation with the

26  businesses that pay such tax and consistent with the

27  provisions of chapter 443, Florida Statutes.

28         Section 19.  Effective October 1, 2000, subsection (19)

29  of section 287.012, Florida Statutes, is amended to read:

30         287.012  Definitions.--The following definitions shall

31  apply in this part:

                                  19

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (19)  "Office" means the Minority Business Advocacy and

  2  Assistance Office of the Department of Management Services

  3  Labor and Employment Security.

  4         Section 20.  Effective October 1, 2000, subsection (1)

  5  of section 287.0947, Florida Statutes, is amended to read:

  6         287.0947  Florida Council on Small and Minority

  7  Business Development; creation; membership; duties.--

  8         (1)  On or after October 1, 2000 1996, the secretary of

  9  the Department of Management Services Labor and Employment

10  Security may create the Florida Advisory Council on Small and

11  Minority Business Development with the purpose of advising and

12  assisting the secretary in carrying out the secretary's duties

13  with respect to minority businesses and economic and business

14  development. It is the intent of the Legislature that the

15  membership of such council include practitioners, laypersons,

16  financiers, and others with business development experience

17  who can provide invaluable insight and expertise for this

18  state in the diversification of its markets and networking of

19  business opportunities. The council shall initially consist of

20  19 persons, each of whom is or has been actively engaged in

21  small and minority business development, either in private

22  industry, in governmental service, or as a scholar of

23  recognized achievement in the study of such matters.

24  Initially, the council shall consist of members representing

25  all regions of the state and shall include at least one member

26  from each group identified within the definition of "minority

27  person" in s. 288.703(3), considering also gender and

28  nationality subgroups, and shall consist of the following:

29         (a)  Four members consisting of representatives of

30  local and federal small and minority business assistance

31  programs or community development programs.

                                  20

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (b)  Eight members composed of representatives of the

  2  minority private business sector, including certified minority

  3  business enterprises and minority supplier development

  4  councils, among whom at least two shall be women and at least

  5  four shall be minority persons.

  6         (c)  Two representatives of local government, one of

  7  whom shall be a representative of a large local government,

  8  and one of whom shall be a representative of a small local

  9  government.

10         (d)  Two representatives from the banking and insurance

11  industry.

12         (e)  Two members from the private business sector,

13  representing the construction and commodities industries.

14         (f)  The chairperson of the Florida Black Business

15  Investment Board or the chairperson's designee.

16

17  A candidate for appointment may be considered if eligible to

18  be certified as an owner of a minority business enterprise, or

19  if otherwise qualified under the criteria above. Vacancies may

20  be filled by appointment of the secretary, in the manner of

21  the original appointment.

22         Section 21.  Effective October 1, 2000, subsections (2)

23  and (3) and paragraph (h) of subsection (4) of section

24  287.09451, Florida Statutes, are amended to read:

25         287.09451  Minority Business Advocacy and Assistance

26  Office; powers, duties, and functions.--

27         (2)  The Minority Business Advocacy and Assistance

28  Office is established within the Department of Management

29  Services Labor and Employment Security to assist minority

30  business enterprises in becoming suppliers of commodities,

31  services, and construction to state government.

                                  21

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (3)  The Secretary of the Department of Management

  2  Services secretary shall appoint an executive director for the

  3  Minority Business Advocacy and Assistance Office, who shall

  4  serve at the pleasure of the secretary.

  5         (4)  The Minority Business Advocacy and Assistance

  6  Office shall have the following powers, duties, and functions:

  7         (h)  To develop procedures to investigate complaints

  8  against minority business enterprises or contractors alleged

  9  to violate any provision related to this section or s.

10  287.0943, that may include visits to worksites or business

11  premises, and to refer all information on businesses suspected

12  of misrepresenting minority status to the Department of

13  Management Services Labor and Employment Security for

14  investigation. When an investigation is completed and there is

15  reason to believe that a violation has occurred, the

16  Department of Management Services Labor and Employment

17  Security shall refer the matter to the office of the Attorney

18  General, Department of Legal Affairs, for prosecution.

19         Section 22.  Effective upon this act becoming a law,

20  subsections (3), (4), and (6) of section 20.15, Florida

21  Statutes, are amended and paragraph (d) is added to subsection

22  (5) of that section to read:

23         20.15  Department of Education.--There is created a

24  Department of Education.

25         (3)  DIVISIONS.--The following divisions of the

26  Department of Education are established:

27         (a)  Division of Community Colleges.

28         (b)  Division of Public Schools and Community

29  Education.

30         (c)  Division of Universities.

31         (d)  Division of Workforce Development.

                                  22

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (e)  Division of Human Resource Development.

  2         (f)  Division of Administration.

  3         (g)  Division of Financial Services.

  4         (h)  Division of Support Services.

  5         (i)  Division of Technology.

  6         (j)  Division of Occupational Access and Opportunity.

  7         (4)  DIRECTORS.--The Board of Regents is the director

  8  of the Division of Universities, the Occupational Access and

  9  Opportunity Commission is the director of the Division of

10  Occupational Access and Opportunity, and the State Board of

11  Community Colleges is the director of the Division of

12  Community Colleges, pursuant to chapter 240.  The directors of

13  all other divisions shall be appointed by the commissioner

14  subject to approval by the state board.

15         (5)  POWERS AND DUTIES.--The State Board of Education

16  and the Commissioner of Education:

17         (d)  Shall assign to the Division of Occupational

18  Access and Opportunity such powers, duties, responsibilities,

19  and functions as are necessary to ensure the coordination,

20  efficiency, and effectiveness of its programs, including, but

21  not limited to, vocational rehabilitation and independent

22  living services to persons with disabilities which services

23  are funded under the Rehabilitation Act of 1973, as amended,

24  except:

25         1.  Those duties specifically assigned to the Division

26  of Blind Services of the Department of Management Services;

27         2.  Those duties specifically assigned to the

28  Commissioner of Education in ss. 229.512 and 229.551;

29         3.  Those duties concerning physical facilities in

30  chapter 235;

31         4.  Those duties assigned to the State Board of

                                  23

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Community Colleges in chapter 240; and

  2         5.  Those duties assigned to the Division of Workforce

  3  Development in chapter 239.

  4

  5  Effective October 1, 2000, the Occupational Access and

  6  Opportunity Commission shall assume all responsibilities

  7  necessary to be the designated state agency for purposes of

  8  compliance with the Rehabilitation Act of 1973, as amended.

  9         (6)  COUNCILS AND COMMITTEES.--Notwithstanding anything

10  contained in law to the contrary, the Commissioner of

11  Education shall appoint all members of all councils and

12  committees of the Department of Education, except the Board of

13  Regents, the State Board of Community Colleges, the community

14  college district boards of trustees, the Postsecondary

15  Education Planning Commission, the Education Practices

16  Commission, the Education Standards Commission, the State

17  Board of Independent Colleges and Universities, the

18  Occupational Access and Opportunity Commission, the Florida

19  Rehabilitation Council, the Florida Independent Living

20  Council, and the State Board of Nonpublic Career Education.

21         Section 23.  Subsection (16) is added to section

22  120.80, Florida Statutes, to read:

23         120.80  Exceptions and special requirements;

24  agencies.--

25         (16)  OCCUPATIONAL ACCESS AND OPPORTUNITY

26  COMMISSION.--Notwithstanding s. 120.57(1)(a), hearings

27  concerning determinations by the Occupational Access and

28  Opportunity Commission on eligibility, plans of services, or

29  closure need not be conducted by an administrative law judge

30  assigned by the division. The commission may choose to

31  contract with another appropriate resource in these matters.

                                  24

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         Section 24.  Effective October 1, 2000, section

  2  413.011, Florida Statutes, is amended to read:

  3         413.011  Division of Blind Services, internal

  4  organizational structure; Florida Rehabilitation Advisory

  5  Council for the Blind Services.--

  6         (1)  The internal organizational structure of the

  7  Division of Blind Services shall be designed for the purpose

  8  of ensuring the greatest possible efficiency and effectiveness

  9  of services to the blind and to be consistent with chapter 20.

10  The Division of Blind Services shall plan, supervise, and

11  carry out the following activities under planning and policy

12  guidance from the Florida Rehabilitation Council for Blind

13  Services:

14         (a)  Implement the provisions of the 5-year strategic

15  plan prepared by the council under paragraph (3)(a) to provide

16  services to individuals who are blind.

17         (b)(a)  Recommend personnel as may be necessary to

18  carry out the purposes of this section.

19         (c)(b)  Cause to be compiled and maintained a complete

20  register of individuals in the state who are the blind in the

21  state, which shall describe the condition, cause of blindness,

22  and capacity for education and industrial training, with such

23  other facts as may seem to the division to be of value.  Any

24  information in the register of individuals who are the blind

25  which, when released, could identify an individual is

26  confidential and exempt from the provisions of s. 119.07(1).

27         (d)(c)  Inquire into the cause of blindness, inaugurate

28  preventive measures, and provide for the examination and

29  treatment of individuals who are the blind, or those

30  threatened with blindness, for the benefit of such persons,

31  and shall pay therefor, including necessary incidental

                                  25

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  expenses.

  2         (e)(d)  Contract with community-based rehabilitation

  3  providers, to the maximum extent allowable under federal law,

  4  to assist individuals who are blind in obtaining Aid the blind

  5  in finding employment, teach them trades and occupations

  6  within their capacities, assist them in disposing of products

  7  made by them in home industries, assist them in obtaining

  8  funds for establishing enterprises where federal funds

  9  reimburse the state, and do such things as will contribute to

10  the efficiency of self-support of individuals who are the

11  blind.

12         (f)(e)  Establish one or more training schools and

13  workshops for the employment of suitable individuals who are

14  blind persons; make expenditures of funds for such purposes;

15  receive moneys from sales of commodities involved in such

16  activities and from such funds make payments of wages,

17  repairs, insurance premiums and replacements of equipment. All

18  of the activities provided for in this section may be carried

19  on in cooperation with private workshops for individuals who

20  are the blind, except that all tools and equipment furnished

21  by the division shall remain the property of the state.

22         (g)(f)  Contract with community-based rehabilitation

23  providers, to the maximum extent allowable under federal law,

24  to provide special services and benefits for individuals who

25  are the blind in order to assist them in for developing their

26  social life through community activities and recreational

27  facilities.

28         (h)(g)  Undertake such other activities as may

29  ameliorate the condition of blind citizens of this state who

30  are blind.

31         (i)(h)  Cooperate with other agencies, public or

                                  26

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  private, especially the Division of the Blind and Physically

  2  Handicapped of the Library of Congress and the Division of

  3  Library and Information Services of the Department of State,

  4  to provide library service to individuals who are the blind

  5  and individuals who have other disabilities other handicapped

  6  persons as defined in federal law and regulations in carrying

  7  out any or all of the provisions of this law.

  8         (j)(i)  Recommend contracts and agreements with

  9  federal, state, county, municipal and private corporations,

10  and individuals.

11         (k)(j)  Receive moneys or properties by gift or bequest

12  from any person, firm, corporation, or organization for any of

13  the purposes herein set out, but without authority to bind the

14  state to any expenditure or policy except such as may be

15  specifically authorized by law.  All such moneys or properties

16  so received by gift or bequest as herein authorized may be

17  disbursed and expended by the division upon its own warrant

18  for any of the purposes herein set forth, and such moneys or

19  properties shall not constitute or be considered a part of any

20  legislative appropriation made by the state for the purpose of

21  carrying out the provisions of this law.

22         (l)(k)  Prepare and make available to individuals who

23  are the blind, in braille and on electronic recording

24  equipment, Florida Statutes chapters 20, 120, 121, and 413, in

25  their entirety.

26         (m)(l)  Adopt by rule procedures necessary to comply

27  with any plans prepared by the council for providing

28  vocational rehabilitation services for individuals who are the

29  blind.

30         (n)(m)  Adopt by rule forms and instructions to be used

31  by the division in its general administration.

                                  27

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (o)  Recommend to the Legislature a method to privatize

  2  the Business Enterprise Program established under s. 413.051

  3  by creating a not-for-profit entity. The entity shall conform

  4  to requirements of the federal Randolph Sheppard Act and shall

  5  be composed of blind licensees with expertise in operating

  6  business enterprises. The division shall submit its

  7  recommendations to the Governor, the President of the Senate,

  8  and the Speaker of the House of Representatives, as well as to

  9  the appropriate substantive committees of the Legislature, by

10  January 1, 2001.

11         (2)  As used in this section:

12         (a)  "Act," unless the context indicates otherwise,

13  means the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797,

14  as amended.

15         (b)  "Blind" or "blindness" means the condition of any

16  person for whom blindness is a disability as defined by the

17  Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).

18         (c)  "Community-based rehabilitation provider" means a

19  provider of services in a community setting to individuals who

20  are blind.

21         (d)  "Council" means the Florida Rehabilitation Council

22  for Blind Services.

23         (e)(c)  "Department" means the Department of Management

24  Services Labor and Employment Security.

25         (f)  "Plan" means the 5-year strategic plan developed

26  by the council under paragraph (3)(a).

27         (g)  "State plan" means the state plan for vocational

28  rehabilitation required by the federal Rehabilitation Act of

29  1973, as amended.

30         (3)  There is hereby created in the department the

31  Florida Rehabilitation Advisory Council for the Blind

                                  28

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Services. The council shall be established in accordance with

  2  the act and must include at least four representatives of

  3  private-sector businesses that are not providers of vocational

  4  rehabilitation services. Members of the council shall serve

  5  without compensation, but may be reimbursed for per diem and

  6  travel expenses pursuant to s. 112.061. to assist the division

  7  in the planning and development of statewide rehabilitation

  8  programs and services, to recommend improvements to such

  9  programs and services, and to perform the functions provided

10  in this section.

11         (a)  The advisory council shall be composed of:

12         1.  At least one representative of the Independent

13  Living Council, which representative may be the chair or other

14  designee of the council;

15         2.  At least one representative of a parent training

16  and information center established pursuant to s. 631(c)(9) of

17  the Individuals with Disabilities Act, 20 U.S.C. s.

18  1431(c)(9);

19         3.  At least one representative of the client

20  assistance program established under the act;

21         4.  At least one vocational rehabilitation counselor

22  who has knowledge of and experience in vocational

23  rehabilitation services for the blind, who shall serve as an

24  ex officio nonvoting member of the council if the counselor is

25  an employee of the department;

26         5.  At least one representative of community

27  rehabilitation program service providers;

28         6.  Four representatives of business, industry, and

29  labor;

30         7.  At least one representative of a disability

31  advocacy group representing individuals who are blind;

                                  29

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         8.  At least one parent, family member, guardian,

  2  advocate, or authorized representative of an individual who is

  3  blind, has multiple disabilities, and either has difficulties

  4  representing himself or herself or is unable, due to

  5  disabilities, to represent himself or herself;

  6         9.  Current or former applicants for, or recipients of,

  7  vocational rehabilitation services; and

  8         10.  The director of the division, who shall be an ex

  9  officio member of the council.

10         (a)(b)  Members of the council shall be appointed by

11  the Governor, who shall select members after soliciting

12  recommendations from representatives of organizations

13  representing a broad range of individuals who have

14  disabilities, and organizations interested in those

15  individuals.

16         (c)  A majority of council members shall be persons who

17  are:

18         1.  Blind; and

19         2.  >Not employed by the division.

20         (d)  The council shall select a chair from among its

21  membership.

22         (e)  Each member of the council shall serve for a term

23  of not more than 3 years, except that:

24         1.  A member appointed to fill a vacancy occurring

25  prior to the expiration of the term for which a predecessor

26  was appointed shall be appointed for the remainder of such

27  term; and

28         2.  The terms of service of the members initially

29  appointed shall be, as specified by the Governor, for such

30  fewer number of years as will provide for the expiration of

31  terms on a staggered basis.

                                  30

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (f)  No member of the council may serve more than two

  2  consecutive full terms.

  3         (g)  Any vacancy occurring in the membership of the

  4  council shall be filled in the same manner as the original

  5  appointment. A vacancy does not affect the power of the

  6  remaining members to execute the duties of the council.

  7         (b)(h)  In addition to the other functions specified in

  8  the act this section, the council shall:

  9         1.  Review, analyze, and advise the division regarding

10  the performance of the responsibilities of the division under

11  Title I of the act, particularly responsibilities relating to:

12         a.  Eligibility, including order of selection;

13         b.  The extent, scope, and effectiveness of services

14  provided; and

15         c.  Functions performed by state agencies that affect

16  or potentially affect the ability of individuals who are blind

17  to achieve rehabilitation goals and objectives under Title I.

18         2.  Advise the department and the division, and, at the

19  discretion of the department or division, assist in the

20  preparation of applications, the state plan as required by

21  federal law, the strategic plan, and amendments to the plans,

22  reports, needs assessments, and evaluations required by Title

23  I.

24         3.  Prepare by March 1, 2001, for implementation by the

25  division by July 1, 2001, subject to approval by the Federal

26  Government, a 5-year strategic plan to provide services to

27  individuals who are blind. The council must consult with

28  stakeholders and conduct public hearings as part of the

29  development of the plan. The plan must be submitted to the

30  Governor, the President of the Senate, and the Speaker of the

31  House of Representatives. The council annually shall make

                                  31

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  amendments to the plan, which also must be submitted to the

  2  Governor, the President of the Senate, and the Speaker of the

  3  House of Representatives. The plan must provide for the

  4  maximum use of community-based rehabilitation providers for

  5  the delivery of services and a corresponding reduction in the

  6  number of state employees in the division to the minimum

  7  number necessary to carry out the functions required under

  8  this section. The plan also must provide for 90 percent of the

  9  funds provided for services to individuals who are blind to be

10  used for direct customer services.

11         4.3.  To the extent feasible, conduct a review and

12  analysis of the effectiveness of, and consumer satisfaction

13  with:

14         a.  The functions performed by state agencies and other

15  public and private entities responsible for performing

16  functions for individuals who are blind.

17         b.  Vocational rehabilitation services:

18         (I)  Provided or paid for from funds made available

19  under the act or through other public or private sources.

20         (II)  Provided by state agencies and other public and

21  private entities responsible for providing vocational

22  rehabilitation services to individuals who are blind.

23         5.4.  Prepare and submit an annual report on the status

24  of vocational rehabilitation services for individuals who are

25  the blind in the state to the Governor and the Commissioner of

26  the Rehabilitative Services Administration, established under

27  s. 702 of the act, and make the report available to the

28  public.

29         6.5.  Coordinate with other councils within the state,

30  including the Independent Living Council, the advisory panel

31  established under s. 613(a)(12) of the Individuals with

                                  32

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State

  2  Planning Council described in s. 124 of the Developmental

  3  Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.

  4  6024, and the state mental health planning council established

  5  under s. 1916(e) of the Public Health Service Act, 42 U.S.C.

  6  300X-4(e), the Occupational Access and Opportunity Commission,

  7  and the state Workforce Development Board under the federal

  8  Workforce Investment Act.

  9         7.6.  Advise the department and division and provide

10  for coordination and the establishment of working

11  relationships among the department, the division, the

12  Independent Living Council, and centers for independent living

13  in the state.

14         8.7.  Perform such other functions consistent with the

15  purposes of the act as the council determines to be

16  appropriate that are comparable to functions performed by the

17  council.

18         (c)(i)1.  The council shall prepare, in conjunction

19  with the division, a plan for the provision of such resources,

20  including such staff and other personnel, as may be necessary

21  to carry out the functions of the council. The resource plan

22  shall, to the maximum extent possible, rely on the use of

23  resources in existence during the period of implementation of

24  the plan.

25         2.  If there is a disagreement between the council and

26  the division in regard to the resources necessary to carry out

27  the functions of the council as set forth in this section, the

28  disagreement shall be resolved by the Governor.

29         3.  The council shall, consistent with law, supervise

30  and evaluate such staff and other personnel as may be

31  necessary to carry out its functions.

                                  33

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         4.  While assisting the council in carrying out its

  2  duties, staff and other personnel shall not be assigned duties

  3  by the division or any other state agency or office that would

  4  create a conflict of interest.

  5         (d)(j)  No council member shall cast a vote on any

  6  matter that would provide direct financial benefit to the

  7  member or otherwise give the appearance of a conflict of

  8  interest under state law.

  9         (e)(k)  The council shall convene at least four

10  meetings each year. These meetings shall occur in such places

11  as the council deems necessary to conduct council business.

12  The council may conduct such forums or hearings as the council

13  considers appropriate. The meetings, hearings, and forums

14  shall be publicly announced. The meetings shall be open and

15  accessible to the public. To the maximum extent possible, the

16  meetings shall be held in locations that are accessible to

17  individuals with disabilities. The council shall make a report

18  of each meeting which shall include a record of its

19  discussions and recommendations, all of which reports shall be

20  made available to the public.

21         (f)  Members of the commission may rely on and are

22  subject to the provisions of s. 413.273.

23         Section 25.  Effective October 1, 2000, section

24  413.014, Florida Statutes, is amended to read:

25         413.014  Community-based rehabilitation providers

26  programs.--The 5-year plan prepared under s. 413.011(3)(a)3.

27  shall require the Division of Blind Services to shall enter

28  into cooperative agreements with community-based

29  rehabilitation providers programs to be the service providers

30  for the blind citizens of their communities. State employees,

31  however, shall provide all services that may not be delegated

                                  34

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  under federal law. The division shall, as rapidly as feasible,

  2  increase the amount of such services provided by

  3  community-based rehabilitation providers programs. The goal

  4  shall be to decrease the amount of such services provided by

  5  division employees and to increase to the maximum extent

  6  allowed by federal law the amount of such services provided

  7  through cooperative agreements with community-based service

  8  providers.  The division shall seek, to the maximum extent

  9  allowed by federal and state law and regulation, all available

10  federal funds for such purposes.  Funds and in-kind matching

11  contributions from community and private sources shall be used

12  to maximize federal funds. Unless prohibited by federal law or

13  regulation, the share of the federal vocational rehabilitation

14  grant apportioned for services to the blind shall be not less

15  than 17 percent. By December 31 of each year, the division

16  shall submit to the Governor, the President of the Senate, and

17  the Speaker of the House of Representatives a status report on

18  its progress on increasing the amount of services provided by

19  community-based rehabilitation providers as required by this

20  section. The report shall include recommendations on

21  reductions in the number of division employees based upon

22  increased use of community-based rehabilitation providers.

23         Section 26.  Effective October 1, 2000, subsection (1)

24  of section 413.034, Florida Statutes, is amended to read:

25         413.034  Commission established; membership.--

26         (1)  There is created within the Department of

27  Management Services the Commission for Purchase from the Blind

28  or Other Severely Handicapped, to be composed of the secretary

29  of the Department of Management Services; the director of the

30  Division of Occupational Access and Opportunity Vocational

31  Rehabilitation of the Department of Education Labor and

                                  35

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Employment Security, who shall be an ex officio member with

  2  voting rights; the director of the Division of Blind Services

  3  of the Department of Management Services Labor and Employment

  4  Security; and four members to be appointed by the Governor,

  5  which four members shall be an executive director of a

  6  nonprofit agency for the blind, an executive director of a

  7  nonprofit agency for other severely handicapped persons, a

  8  representative of private enterprise, and a representative of

  9  other political subdivisions. All appointed members shall

10  serve for terms of 4 years.  Appointed commission members

11  shall serve subject to confirmation by the Senate.

12         Section 27.  Effective October 1, 2000, paragraph (a)

13  of subsection (2) and subsection (3) of section 413.051,

14  Florida Statutes, are amended to read:

15         413.051  Eligible blind persons; operation of vending

16  stands.--

17         (2)  As used in this section:

18         (a)  "Blind licensee" means any person who is blind and

19  who is person trained and licensed by the Division of Blind

20  Services of the Department of Management Services Labor and

21  Employment Security to operate a vending stand.

22         (3)  Blind licensees shall be given the first

23  opportunity to participate in the operation of vending stands

24  on all state properties acquired after July 1, 1979, when such

25  facilities are operated under the supervision of the Division

26  of Blind Services of the Department of Management Services

27  Labor and Employment Security.

28         Section 28.  Effective October 1, 2000, section

29  413.064, Florida Statutes, is amended to read:

30         413.064  Rules.--The Department of Management Services

31  Labor and Employment Security shall adopt all necessary rules

                                  36

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  pertaining to the conduct of a solicitation for the benefit of

  2  individuals who are blind persons, including criteria for

  3  approval of an application for a permit for such solicitation.

  4         Section 29.  Effective October 1, 2000, section

  5  413.066, Florida Statutes, is amended to read:

  6         413.066  Revocation of permit.--Any failure on the part

  7  of a person or organization holding a permit under the

  8  provisions of ss. 413.061-413.068 to comply with the law or

  9  with all rules promulgated by the Department of Management

10  Services Labor and Employment Security as authorized by s.

11  413.064 constitutes a ground for revocation of the permit by

12  the Division of Blind Services.

13         Section 30.  Effective October 1, 2000, section

14  413.067, Florida Statutes, is amended to read:

15         413.067  Penalty.--Any person who violates the

16  provisions of ss. 413.061-413.068 or any rule promulgated by

17  the Department of Management Services Labor and Employment

18  Security pursuant thereto commits a misdemeanor of the second

19  degree, punishable as provided in s. 775.082 or s. 775.083.

20         Section 31.  Effective October 1, 2000, subsection (1)

21  of section 413.395, Florida Statutes, is amended to read:

22         413.395  Florida Independent Living Council.--

23         (1)  There is created the Florida Independent Living

24  Council to assist the division and the Division of Blind

25  Services of the Department of Management Services Labor and

26  Employment Security, as well as other state agencies and local

27  planning and administrative entities assisted under Title VII

28  of the act, in the expansion and development of statewide

29  independent living policies, programs, and concepts and to

30  recommend improvements for such programs and services. The

31  council shall function independently of the division and,

                                  37

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  unless the council elects to incorporate as a not-for-profit

  2  corporation, is assigned to the division for administrative

  3  purposes only. The council may elect to be incorporated as a

  4  Florida corporation not for profit and, upon such election,

  5  shall be assisted in the incorporation by the division for the

  6  purposes stated in this section. The appointed members of the

  7  council may constitute the board of directors for the

  8  corporation.

  9         Section 32.  It is the intent of the Legislature that

10  the provisions of this act relating to services for

11  individuals who are blind not conflict with any federal

12  statute or implementing regulation governing federal

13  grant-in-aid programs administered by the Division of Blind

14  Services or the Florida Rehabilitation Council for Blind

15  Services. Whenever such a conflict is asserted by the U.S.

16  Department of Education or other applicable agency of the

17  Federal Government, the council shall submit to the U.S.

18  Department of Education or other applicable federal agency a

19  request for a favorable policy interpretation of the

20  conflicting portions of such statute or regulation. If the

21  request is approved, as certified in writing by the Secretary

22  of the U.S. Department of Education or the head of the other

23  applicable federal agency, the council or the division is

24  authorized to adjust the plan as necessary to achieve

25  conformity with federal statutes or regulations. Before

26  adjusting the plan, the council or the division shall provide

27  to the President of the Senate and the Speaker of the House of

28  Representatives an explanation and justification of the

29  position of the council or division and shall outline all

30  feasible alternatives that are consistent with this act. These

31  alternatives may include the state supervision of local

                                  38

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  service agencies by the council or the division if the

  2  agencies are designated by the Governor.

  3         Section 33.  Effective upon this act becoming a law,

  4  section 413.82, Florida Statutes, is amended to read:

  5         413.82  Definitions.--As used in ss. 413.81-413.93, the

  6  term:

  7         (1)  "Commission" means the Commission on Occupational

  8  Access and Opportunity.

  9         (2)  "Community rehabilitation provider" means a

10  provider of services in a community setting to people with

11  disabilities.

12         (3)(2)  "Corporation" means the Occupational Access and

13  Opportunity Corporation.

14         (4)(3)  "Division" means the Division of Occupational

15  Access and Opportunity Vocational Rehabilitation.

16         (5)  "Plan" means the plan required by ss.

17  413.81-413.93.(4)  "Office" means the Executive Office of the

18  Governor.

19         (6)(5)  "State plan" means the state plan for

20  vocational rehabilitation required by Title I of the federal

21  Rehabilitation Act of 1973, as amended, and ss. 413.81-413.93.

22         (7)(6)  "Region" means a service area for a regional

23  workforce development board established by the Workforce

24  Development Board.

25         Section 34.  Effective upon this act becoming a law,

26  subsections (2), (3), (6), (7), (8), and (10) of section

27  413.83, Florida Statutes, are amended to read:

28         413.83  Occupational Access and Opportunity Commission;

29  creation; purpose; membership.--

30         (2)  The commission shall consist of 16 voting members,

31  including 15 members appointed, as provided in this section

                                  39

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  herein, by the Governor, the President of the Senate, and the

  2  Speaker of the House of Representatives, and four ex-officio,

  3  nonvoting members. The commission must contain a minimum of 50

  4  percent representation from the private sector. Appointment of

  5  members is subject to confirmation by the Senate. The

  6  membership of the commission may not include more than two

  7  individuals who are, or are employed by, community

  8  rehabilitation providers who contract to provide vocational

  9  rehabilitation services to individuals who qualify for the

10  program. The members of the commission shall include:

11         (a)  The Commissioner of Education, or his or her

12  designee, who shall serve as chair;

13         (b)  Eight employers from the private sector, three of

14  whom shall be appointed by the Governor for a term of 4 years,

15  three of whom shall be appointed by the President of the

16  Senate for a term of 4 years, and two of whom shall be

17  appointed by the Speaker of the House of Representatives for a

18  term of 4 years;

19         (c)  An individual who is a consumer of vocational

20  rehabilitation services, who shall be appointed by the

21  Governor for a term of 4 years;

22         (d)  A community rehabilitation provider who contracts

23  to provide vocational rehabilitation services to individuals

24  who qualify for the program and who shall be appointed by the

25  Governor for a term of 4 years;

26         (e)  Five representatives of business, workforce

27  development, education, state government, local government, a

28  consumer advocate group, or a community organization, three of

29  whom shall be appointed by the Governor for a term of 4 years,

30  one of whom shall be appointed by the President of the Senate

31  for a term of 4 years, and one of whom shall be appointed by

                                  40

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  the Speaker of the House of Representatives for a term of 4

  2  years; and

  3         (f)  As exofficio, nonvoting members:

  4         1.  The executive director or his or her designee from

  5  the Advocacy Center for Persons with Disabilities;

  6         2.  The chair of the Florida Rehabilitation Council;

  7         3.  The chair of the Council for Independent Living;

  8  and

  9         4.  The chair of the Commission for the Purchase from

10  the Blind or Other Severely Handicapped.

11         (b)  The chair of the Florida Rehabilitation Council;

12         (c)  The chair of the Council for Independent Living;

13         (d)  The chair of the Commission for the Purchase from

14  the Blind or Other Severely Handicapped;

15         (e)  A community rehabilitation provider who contracts

16  to provide vocational rehabilitation services to individuals

17  who qualify for the program, who shall be appointed by the

18  Governor for a term of 4 years;

19         (f)  A representative from the Advocacy Center for

20  Persons With Disabilities, who shall be appointed by the

21  President of the Senate for a term of 4 years;

22         (g)  A consumer of vocational rehabilitation services,

23  who shall be appointed by the Speaker of the House of

24  Representatives for a term of 4 years; and

25         (h)  Other individuals with disabilities and

26  representatives of business, workforce development, education,

27  state government, local government, consumer advocate groups,

28  employers of individuals with disabilities, or community

29  organizations.

30         (3)  By September 1, 2000, after receiving

31  recommendations from the commission, the Governor, the

                                  41

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  President of the Senate, and the Speaker of the House of

  2  Representatives shall consult together and take actions

  3  necessary to bring the membership of the commission into

  4  compliance with the requirements of this section. In taking

  5  such action, initial terms shall be staggered as necessary to

  6  ensure that the terms of no more than one-fourth of the

  7  commission's total appointed membership shall expire in any

  8  1-year period. Initially, the Governor, the President of the

  9  Senate, and the Speaker of the House of Representatives shall

10  each appoint as members meeting the qualifications contained

11  in paragraph (2)(h), one member for a term of 3 years, one

12  member for a term of 2 years, and one member for a term of 1

13  year. Thereafter, After receiving recommendations from the

14  commission, the Governor, the President of the Senate, and the

15  Speaker of the House of Representatives shall appoint all

16  members for terms of 4 years. Any vacancy shall be filled by

17  appointment by the original appointing authority for the

18  unexpired portion of the term by a person who possesses the

19  proper qualifications for the vacancy.

20         (6)  The Governor shall name the chair of the

21  commission from its appointed members. The commission shall

22  biennially elect one of its members as vice chair, who shall

23  preside in the absence of the chair. Neither the chair, nor

24  the vice chair, may be a provider of client services funded

25  through the commission.

26         (7)  The Rehabilitation Council created by s. 413.405

27  shall serve the commission and shall continue to perform its

28  designated duties, with the commission as the designated state

29  vocational rehabilitation agency. The commission shall

30  consider the recommendations made by the council.

31         (8)  The commission may appoint advisory committees

                                  42

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  that the commission considers appropriate, which may include

  2  members from outside the commission to study special problems

  3  or issues and advise the commission on those subjects.  The

  4  commission shall establish an advisory council composed of

  5  representatives from not-for-profit organizations that have

  6  submitted a resolution requesting membership and have had the

  7  request approved by the commission. Any existing advisory

  8  board, commission, or council may seek to become an official

  9  advisory committee to the commission by submitting to the

10  commission a resolution requesting affiliation and having the

11  request approved by the commission. The commission shall

12  establish the operating procedures of the committees.

13         (10)  The members of the commission may rely on and are

14  subject to the provisions of are entitled to be reimbursed for

15  reasonable and necessary expenses of attending meetings and

16  performing commission duties, including per diem and travel

17  expenses, and for personal care attendants and interpreters

18  needed by members during meetings, as provided in s. 413.273.

19         Section 35.  Effective upon this act becoming a law,

20  section 413.84, Florida Statutes, is amended to read:

21         413.84  Powers and duties.--The commission:

22         (1)  Effective July 1, 2000, shall serve as the

23  director of the Division of Occupational Access and

24  Opportunity of the Department of Education.

25         (2)  Is responsible for establishing policy, planning,

26  and quality assurance for the programs assigned and funded to

27  the division, including, but not limited to, vocational

28  rehabilitation and independent living services to persons with

29  disabilities which services are funded under the federal

30  Rehabilitation Act of 1973, as amended, in a coordinated,

31  efficient, and effective manner. The Occupational Access and

                                  43

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Opportunity Commission has authority to adopt rules pursuant

  2  to ss. 120.536(1) and 120.54 to implement provisions of law

  3  conferring duties upon it. Such rules and policies shall be

  4  submitted to the State Board of Education for approval. If any

  5  rule is not disapproved by the State Board of Education within

  6  45 days after its receipt by the State Board of Education, the

  7  rule shall be filed immediately with the Department of State.

  8  Effective October 1, 2000, rules adopted by the commission do

  9  not require approval by the State Board of Education.

10         (3)  Shall, in consultation with the Commissioner of

11  Education, hire a division director to be responsible to the

12  commission for operation and maintenance of the programs

13  assigned and funded to the division.

14         (4)(1)  Shall, no later than January July 1, 2001 2000,

15  after consulting with stakeholders and holding public

16  hearings, develop and implement a 5-year plan to promote

17  occupational access and opportunities for Floridians with

18  disabilities, and to fulfill the federal plan requirements.

19  The plan must be submitted to the Governor, the President of

20  the Senate, and the Speaker of the House of Representatives.

21  The commission may make amendments annually to the plan, which

22  must be submitted to the Governor, the President of the

23  Senate, and the Speaker of the House of Representatives by the

24  first of January.

25         (a)  The plan must explore the use of Individual

26  Training Accounts, as described in the federal Workforce Act

27  of 1998, Pub. L. No. 105-220, for eligible clients. If

28  developed, these accounts must be distributed under a written

29  memorandum of understanding with One-Stop Career Center

30  operators.

31         (b)  The plan must include an emergency response

                                  44

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  component to address economic downturns.

  2         (c)  The plan must designate an administrative entity

  3  that will support the commission's work; provide technical

  4  assistance, training, and capacity-building assistance; help

  5  raise additional federal, state, and local funds; and promote

  6  innovative contracts that upgrade or enhance direct services

  7  to Floridians with disabilities.

  8         (d)  The plan must require that the commission enter

  9  into cooperative agreements with community-based

10  rehabilitation programs by workforce region to be the service

11  providers for the program; however, state career service

12  employees shall provide all services that may not be delegated

13  under mandated by federal law. The commission shall, as

14  rapidly as is feasible, increase the amount of such services

15  provided by community-based rehabilitation programs. The plan

16  must incorporate, to the maximum extent allowed by federal and

17  state law and regulation, all available funds for such

18  purposes. Funds and in-kind contributions from community and

19  private sources shall be used to enhance federal and state

20  resources.

21         (e)  The plan must include recommendations regarding

22  specific performance standards and measurable outcomes, and

23  must outline procedures for monitoring operations of the

24  commission, the corporation, the division, commission's and

25  all providers of services under contract to the commission's

26  designated administrative entity's operations to ensure that

27  performance data is maintained and supported by records of

28  such entities. The commission shall consult with the Office of

29  Program Policy Analysis and Government Accountability in the

30  establishment of performance standards, measurable outcomes,

31  and monitoring procedures.

                                  45

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (5)(2)  Notwithstanding the provisions of part I of

  2  chapter 287, shall contract, no later than July 1, 2000, with

  3  the corporation administrative entity designated in the plan

  4  to execute the services, functions, and programs prescribed in

  5  the plan. The commission shall serve as contract

  6  administrator. If approved by the federal Department of

  7  Education, the administrative entity may be a direct-support

  8  organization. The commission shall define the terms of the

  9  contract.

10         (6)(3)  Shall work with the employer community to

11  better define, address, and meet its business needs with

12  qualified Floridians with disabilities.

13         (7)(4)  Is responsible for the prudent use of all

14  public and private funds provided for the commission's use,

15  ensuring that the use of all funds is in accordance with all

16  applicable laws, bylaws, and contractual requirements.

17         (8)(5)  Shall develop an operational structure to carry

18  out the plan developed by the commission.

19         (9)(6)  May appear on its own behalf before the

20  Legislature, boards, commissions, departments, or other

21  agencies of municipal, county, state, or Federal Government.

22         (10)(7)  In the performance of its duties, may

23  undertake or commission research and studies.

24         (11)(8)  Shall develop a budget, which is in keeping

25  with the plan, for the operation and activities of the

26  commission and functions of its designated administrative

27  entity. The budget shall be submitted to the Governor for

28  inclusion in the Governor's budget recommendations.

29         (12)(9)  May assign staff from the office or division

30  to assist in implementing the provisions of this act relating

31  to the Occupational Access and Opportunity Commission.

                                  46

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         Section 36.  Effective upon this act becoming a law,

  2  subsections (1), (3), and (4) of section 413.85, Florida

  3  Statutes, are amended to read:

  4         413.85  Occupational Access and Opportunity

  5  Corporation; use of property; board of directors; duties;

  6  audit.--

  7         (1)  ESTABLISHMENT.--If the commission elects to

  8  contract with the corporation to provide services designate a

  9  direct-support organization as its administrative entity, such

10  organization shall be designated the Occupational Access and

11  Opportunity Corporation:

12         (a)  Which is a corporation not for profit, as defined

13  in s. 501(c) s. 501(c)(6) of the Internal Revenue Code of

14  1986, as amended, and is incorporated under the provisions of

15  chapter 617 and approved by the Department of State.

16         (b)  Which is organized and operated exclusively to

17  carry out such activities and tasks as the commission assigns

18  through contract. request, receive, hold, invest, and

19  administer property and to manage and make expenditures for

20  the operation of the activities, services, functions, and

21  programs of the provisions of this act relating to the

22  Occupational Access and Opportunity Commission.

23         (c)  Which the commission, after review, has certified

24  to be operating in a manner consistent with the policies and

25  goals of the commission and the plan.

26         (d)  Which shall not be considered an agency for the

27  purposes of chapters 120, and 216, and 287; ss. 255.25 and

28  255.254, relating to leasing of buildings; ss. 283.33 and

29  283.35, relating to bids for printing; s. 215.31; and parts IV

30  through VIII of chapter 112.

31         (e)  Which shall be subject to the provisions of

                                  47

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  chapter 119, relating to public records;, and the provisions

  2  of chapter 286, relating to public meetings; and the

  3  provisions of s. 768.28 as a corporation primarily acting as

  4  an instrumentality of this state.

  5         (3)  BOARD OF DIRECTORS.--The board of directors of the

  6  corporation shall be composed of no fewer than 7 and no more

  7  than 15 members appointed by the commission, and a majority of

  8  its members must be members of the commission 15 members,

  9  appointed by the commission from its own membership. The vice

10  chair of the commission shall serve as chair of the

11  corporation's board of directors.

12         (4)  POWERS AND DUTIES.--The corporation, in the

13  performance of its duties:

14         (a)  May make and enter into contracts and assume such

15  other functions as are necessary to carry out the provisions

16  of the plan and the corporation's contract with the commission

17  which are not inconsistent with this or any other provision of

18  law.

19         (b)  May develop a program to leverage the existing

20  federal and state funding and to provide upgraded or expanded

21  services to Floridians with disabilities if directed by the

22  commission.

23         (c)  May commission and adopt, in cooperation with the

24  commission, an official business name and logo to be used in

25  all promotional materials directly produced by the

26  corporation.

27         (d)  The corporation shall establish cooperative and

28  collaborative memoranda of understanding with One-Stop Career

29  Center operators to increase, upgrade, or expand  services to

30  Floridians with disabilities who are seeking employment and

31  self-sufficiency.

                                  48

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (e)  The corporation is encouraged to hire any

  2  individual who, as of June 30, 2000, is employed by the

  3  Division of Vocational Rehabilitation.

  4         Section 37.  Effective upon this act becoming a law,

  5  section 413.86, Florida Statutes, is amended to read:

  6         413.86  Public-private partnerships.--The Division of

  7  Occupational Access and Opportunity Vocational Rehabilitation

  8  will enter into local public-private partnerships to the

  9  extent that it is beneficial to increasing employment outcomes

10  for persons with disabilities and ensuring their full

11  involvement in the comprehensive workforce investment system.

12         Section 38.  Effective upon this act becoming law,

13  section 413.865, Florida Statutes, is created to read:

14         413.865  Coordination with workforce system.--

15         (1)  The Occupational Access and Opportunity

16  Commission, the Division of Occupational Access and

17  Opportunity, the corporation, and community-based service

18  providers shall coordinate and integrate their planning,

19  programs, and services with the planning, programs, and

20  services of Workforce Florida, Inc., the Agency for Workforce

21  Innovation, regional workforce boards, and one-stop center

22  operators to ensure that persons with disabilities can easily

23  receive all intended and available federal, state, and local

24  program services.

25         (2)  These public and private partners shall work

26  together to ensure and provide continuity of service to

27  persons with disabilities throughout the state, as well as to

28  provide consistent and upgraded services to persons with

29  disabilities throughout the state.

30         (3)  These public and private partners shall work

31  together to ensure that Florida's design and implementation of

                                  49

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  the federal Workforce Investment Act:

  2         (a)  Integrates these partners in the One-Stop Delivery

  3  System through memorandums of understanding;

  4         (b)  Includes qualified and eligible providers of

  5  services to persons with disabilities in consumer reports to

  6  promote choice;

  7         (c)  Develops, using the Untried Worker Placement and

  8  Employment Incentive Act, a tailored Individual Training

  9  Account design for persons with disabilities; and

10         (d)  Provides electronic access for persons with

11  disabilities to workforce development services.

12         (4)  These partners, with resources under their control

13  or by budget amendment, shall establish the collaboration

14  prescribed by this section. The Commission and Workforce

15  Florida, Inc., may adopt a joint agreement that commits,

16  contracts, redirects, and obligates resources under their

17  control to support the strategy detailed in this section.

18         (5)  The commission, in cooperation with its public and

19  private partners, shall be responsible for developing and

20  implementing comprehensive performance measurement

21  methodologies to monitor and evaluate the progress of the

22  commission and its public and private partners in meeting the

23  statutory responsibilities for providing services to

24  individuals with disabilities. These methodologies shall

25  include, but are not limited to, measures to evaluate the

26  performance of community rehabilitation providers who contract

27  with the commission. The commission shall emphasize

28  integration with performance measurement methodologies of the

29  state's workforce development system.

30         Section 39.  Effective upon this act becoming a law,

31  subsection (2) of section 413.87, Florida Statutes, is amended

                                  50

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  to read:

  2         413.87  Annual audit.--

  3         (2)  The corporation shall provide to the commission a

  4  quarterly report that:

  5         (a)  Updates its progress and impact in creating

  6  employment and increasing the personal income of individuals

  7  with disabilities;

  8         (b)  Provides detailed, unaudited financial statements

  9  of sources and uses of public and private funds;

10         (c)  Measures progress towards annual goals and

11  objectives set forth in the contract commission's plan;

12         (d)  Reviews all pertinent research findings and

13  training efforts; and

14         (e)  Provides other measures of accountability as

15  requested by the commission.

16         Section 40.  Effective upon this act becoming a law,

17  section 413.88, Florida Statutes, is amended to read:

18         413.88  Annual report of the Occupational Access and

19  Opportunity Commission; audits.--

20         (1)  Before January 1 of each year, the commission

21  shall submit to the Governor, the President of the Senate, and

22  the Speaker of the House of Representatives a complete and

23  detailed report setting forth for itself and its designated

24  administrative entity:

25         (a)  Its operations and accomplishments during the

26  fiscal year.

27         (b)  Its business and operational plan.

28         (c)  The assets and liabilities of the corporation

29  designated administrative entity at the end of its most recent

30  fiscal year.

31         (d)  A copy of the annual financial and compliance

                                  51

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  audit.

  2         (2)  The Auditor General may, pursuant to his or her

  3  own authority or at the direction of the Legislative Auditing

  4  Committee, conduct an audit of the commission or the

  5  corporation its designated administrative entity.

  6         Section 41.  Effective upon this act becoming a law,

  7  section 413.89, Florida Statutes, is amended to read:

  8         413.89  State vocational rehabilitation plan;

  9  preparation and submittal; administration.--Effective July 1,

10  2000, the Department of Education is the designated state

11  agency and the Division of Occupational Access and Opportunity

12  is the designated state unit for purposes of compliance with

13  the federal Rehabilitation Act of 1973, as amended. Effective

14  October 1, 2000, Upon appointment, the Occupational Access and

15  Opportunity Commission is the designated state agency for

16  purposes of compliance with the Rehabilitation Act of 1973, as

17  amended, and authorized to prepare and submit the federally

18  required state vocational rehabilitation plan and to serve as

19  the governing authority of programs administered by the

20  commission, including, but not limited to: administering the

21  state's plan under the Rehabilitation Act of 1973, as amended;

22  receiving federal funds as the state vocational rehabilitation

23  agency; directing the expenditure of legislative

24  appropriations for rehabilitative services through its

25  designated administrative entity or other agents; and, if

26  necessary, making any changes to the plan that the commission

27  considers necessary to maintain compliance with the federal

28  Rehabilitation Act of 1973, as amended, and implementing such

29  changes in order to continue to qualify and maintain federal

30  funding support. During the period of time between July 1,

31  2000, and October 1, 2000, the department and the appointment

                                  52

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  of the commission and the designation of the administrative

  2  entity, the commission and the division may, by agreement,

  3  provide for continued administration consistent with federal

  4  and state law.

  5         Section 42.  Effective upon this act becoming a law,

  6  section 413.90, Florida Statutes, is amended to read:

  7         413.90  Designated State Agency and Designated State

  8  Unit Designation of administrative entity.--Effective July 1,

  9  2000, The division must comply with the transitional direction

10  of the plan. If the commission designates an administrative

11  entity other than the division, all powers, duties, and

12  functions of and all related records, personnel, property, and

13  equipment and all contractual rights, obligations of, and

14  unexpended balances of appropriations and other funds or

15  allocations of the division's component programs of the

16  Division of Vocational Rehabilitation of the Department of

17  Labor and Employment Security shall be transferred to the

18  Division of Occupational Access and Opportunity of the

19  Department of Education by a type two transfer, as defined in

20  s. 20.06(2) commission as provided in the plan, pursuant to s.

21  20.06(2). The commission and the Department of Education, in

22  establishing the Division of Occupational Access and

23  Opportunity, may advertise for, fill, lateral, or transfer no

24  more than 700 positions. These positions may be filled

25  initially by former employees of the Division of Vocational

26  Rehabilitation. By October 1, 2000, the division shall reduce

27  the number of positions to no more than 300. Notwithstanding

28  the provisions of s. 110.227, if a layoff becomes necessary

29  with respect to the Division of Occupational Access and

30  Opportunity, the competitive area identified for such layoff

31  shall not include any other division of the Department of

                                  53

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Education. If at any time during the fiscal year unforeseen

  2  transition activities occur in moving service delivery from

  3  division employees to community rehabilitation providers and

  4  create situations negatively affecting client services, and

  5  the remedy to those temporary situations would require more

  6  than 300 positions, the division may request a budget

  7  amendment to reestablish positions. The request must provide

  8  full justification for the continuation and include the number

  9  of positions and duration of time required. Effective July 1,

10  2000, the records, property, and unexpended balances of

11  appropriations, allocations, and other funds and resources of

12  the Office of the Secretary and the Office of Administrative

13  Services of the Department of Labor and Employment Security

14  which support the activities and functions of the Division of

15  Vocational Rehabilitation are transferred as provided in s.

16  20.06(2), to the Division of Occupational Access and

17  Opportunity at the Department of Education. Appointments to

18  positions under this act and authorized positions under this

19  section may be made without regard to the provisions of 60K-3,

20  4 and 17, Florida Administrative Code. The Department of Labor

21  and Employment Security shall assist the commission in

22  carrying out the intent of this chapter and achieving an

23  orderly transition. The Office of Planning and Budget shall

24  submit the necessary budget amendments to the Legislature in

25  order to bring the budget into compliance with the plan.

26         Section 43.  Effective upon this act becoming a law,

27  section 413.91, Florida Statutes, is amended to read:

28         413.91  Service providers; quality assurance and

29  fitness for responsibilities.--The Occupational Access and

30  Opportunity Commission shall assure that all contractors the

31  designated administrative entity and providers of direct

                                  54

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  service maintain an internal system of quality assurance, have

  2  proven functional systems, and are subject to a due-diligence

  3  inquiry for their fitness to undertake service

  4  responsibilities regardless of whether a contract for services

  5  is competitively or noncompetitively procured.

  6         Section 44.  Effective upon this act becoming a law,

  7  section 413.92, Florida Statutes, is amended to read:

  8         413.92  Conflict of laws.--It is the intent of the

  9  Legislature that the provisions of this act relating to the

10  Occupational Access and Opportunity Commission not conflict

11  with any federal statute or implementing regulation governing

12  federal grant-in-aid programs administered by the division or

13  the commission. Whenever such a conflict is asserted by the

14  applicable agency of the Federal Government, until October 1,

15  2000, the department, and after October 1, 2000, the

16  commission shall submit to the federal Department of

17  Education, or other applicable federal agency, a request for a

18  favorable policy interpretation of the conflicting portions.

19  If the request is approved, as certified in writing by the

20  secretary of the federal Department of Education, or the head

21  of the other applicable federal agency, the commission or the

22  division is authorized to make the adjustments in the plan

23  which are necessary for achieving conformity to federal

24  statutes and regulations. Before making such adjustments, the

25  commission or the division shall provide to the President of

26  the Senate and the Speaker of the House of Representatives an

27  explanation and justification of the position of the division

28  or the commission and shall outline all feasible alternatives

29  that are consistent with this section. These alternatives may

30  include the state supervision of local service agencies by the

31  commission or the division if the agencies are designated by

                                  55

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  the Governor.

  2         Section 45.  Effective upon this act becoming a law,

  3  section 413.93, Florida Statutes, is repealed.

  4         Section 46.  Subsections (11) and (13) of section

  5  440.02, Florida Statutes, are amended to read:

  6         440.02  Definitions.--When used in this chapter, unless

  7  the context clearly requires otherwise, the following terms

  8  shall have the following meanings:

  9         (11)  "Department" means the Department of Insurance

10  Labor and Employment Security.

11         (13)  "Division" means the Division of Workers'

12  Compensation of the Department of Insurance Labor and

13  Employment Security.

14         Section 47.  Subsection (1) of section 440.207, Florida

15  Statutes, is amended to read:

16         440.207  Workers' compensation system guide.--

17         (1)  The Division of Workers' Compensation of the

18  Department of Insurance Labor and Employment Security shall

19  educate all persons providing or receiving benefits pursuant

20  to this chapter as to their rights and responsibilities under

21  this chapter.

22         Section 48.  Subsections (2), (4), (5), (6), (9), and

23  (10); paragraph (c) of subsection (3); and paragraph (a) of

24  subsection (8) of section 440.385, Florida Statutes, are

25  amended to read:

26         440.385  Florida Self-Insurers Guaranty Association,

27  Incorporated.--

28         (2)  BOARD OF DIRECTORS.--The board of directors of the

29  association shall consist of nine persons and shall be

30  organized as established in the plan of operation. With

31  respect to initial appointments, the Secretary of Labor and

                                  56

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Employment Security shall, by July 15, 1982, approve and

  2  appoint to the board persons who are experienced with

  3  self-insurance in this state and who are recommended by the

  4  individual self-insurers in this state required to become

  5  members of the association pursuant to the provisions of

  6  paragraph (1)(a). In the event the secretary finds that any

  7  person so recommended does not have the necessary

  8  qualifications for service on the board and a majority of the

  9  board has been appointed, the secretary shall request the

10  directors thus far approved and appointed to recommend another

11  person for appointment to the board. Each director shall serve

12  for a 4-year term and may be reappointed. Appointments other

13  than initial appointments shall be made by the Insurance

14  Commissioner and Treasurer Secretary of Labor and Employment

15  Security upon recommendation of members of the association.

16  Any vacancy on the board shall be filled for the remaining

17  period of the term in the same manner as appointments other

18  than initial appointments are made. Each director shall be

19  reimbursed for expenses incurred in carrying out the duties of

20  the board on behalf of the association.

21         (3)  POWERS AND DUTIES.--

22         (c)1.  To the extent necessary to secure funds for the

23  payment of covered claims and also to pay the reasonable costs

24  to administer them, the Department of Insurance Labor and

25  Employment Security, upon certification of the board of

26  directors, shall levy assessments based on the annual normal

27  premium each employer would have paid had the employer not

28  been self-insured.  Every assessment shall be made as a

29  uniform percentage of the figure applicable to all individual

30  self-insurers, provided that the assessment levied against any

31  self-insurer in any one year shall not exceed 1 percent of the

                                  57

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  annual normal premium during the calendar year preceding the

  2  date of the assessment. Assessments shall be remitted to and

  3  administered by the board of directors in the manner specified

  4  by the approved plan.  Each employer so assessed shall have at

  5  least 30 days' written notice as to the date the assessment is

  6  due and payable.  The association shall levy assessments

  7  against any newly admitted member of the association so that

  8  the basis of contribution of any newly admitted member is the

  9  same as previously admitted members, provision for which shall

10  be contained in the plan of operation.

11         2.  If, in any one year, funds available from such

12  assessments, together with funds previously raised, are not

13  sufficient to make all the payments or reimbursements then

14  owing, the funds available shall be prorated, and the unpaid

15  portion shall be paid as soon thereafter as sufficient

16  additional funds become available.

17         3.  No state funds of any kind shall be allocated or

18  paid to the association or any of its accounts except those

19  state funds accruing to the association by and through the

20  assignment of rights of an insolvent employer.

21         (4)  INSOLVENCY FUND.--Upon the adoption of a plan of

22  operation or the adoption of rules by the Department of Labor

23  and Employment Security pursuant to subsection (5), there

24  shall be created an Insolvency Fund to be managed by the

25  association.

26         (a)  The Insolvency Fund is created for purposes of

27  meeting the obligations of insolvent members incurred while

28  members of the association and after the exhaustion of any

29  bond, as required under this chapter.  However, if such bond,

30  surety, or reinsurance policy is payable to the Florida

31  Self-Insurers Guaranty Association, the association shall

                                  58

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  commence to provide benefits out of the Insolvency Fund and be

  2  reimbursed from the bond, surety, or reinsurance policy.  The

  3  method of operation of the Insolvency Fund shall be defined in

  4  the plan of operation as provided in subsection (5).

  5         (b)  The department shall have the authority to audit

  6  the financial soundness of the Insolvency Fund annually.

  7         (c)  The department may offer certain amendments to the

  8  plan of operation to the board of directors of the association

  9  for purposes of assuring the ongoing financial soundness of

10  the Insolvency Fund and its ability to meet the obligations of

11  this section.

12         (d)  The department actuary may make certain

13  recommendations to improve the orderly payment of claims.

14         (5)  PLAN OF OPERATION.--By September 15, 1982, The

15  board of directors shall use submit to the Department of Labor

16  and Employment Security a proposed plan of operation for the

17  administration of the association and the Insolvency Fund.

18         (a)  The purpose of the plan of operation shall be to

19  provide the association and the board of directors with the

20  authority and responsibility to establish the necessary

21  programs and to take the necessary actions to protect against

22  the insolvency of a member of the association.  In addition,

23  the plan shall provide that the members of the association

24  shall be responsible for maintaining an adequate Insolvency

25  Fund to meet the obligations of insolvent members provided for

26  under this act and shall authorize the board of directors to

27  contract and employ those persons with the necessary expertise

28  to carry out this stated purpose.

29         (b)  The plan of operation, and any amendments thereto,

30  shall take effect upon approval in writing by the department.

31  If the board of directors fails to submit a plan by September

                                  59

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  15, 1982, or fails to make required amendments to the plan

  2  within 30 days thereafter, the department shall promulgate

  3  such rules as are necessary to effectuate the provisions of

  4  this subsection.  Such rules shall continue in force until

  5  modified by the department or superseded by a plan submitted

  6  by the board of directors and approved by the department.

  7         (b)(c)  All member employers shall comply with the plan

  8  of operation.

  9         (c)(d)  The plan of operation shall:

10         1.  Establish the procedures whereby all the powers and

11  duties of the association under subsection (3) will be

12  performed.

13         2.  Establish procedures for handling assets of the

14  association.

15         3.  Establish the amount and method of reimbursing

16  members of the board of directors under subsection (2).

17         4.  Establish procedures by which claims may be filed

18  with the association and establish acceptable forms of proof

19  of covered claims.  Notice of claims to the receiver or

20  liquidator of the insolvent employer shall be deemed notice to

21  the association or its agent, and a list of such claims shall

22  be submitted periodically to the association or similar

23  organization in another state by the receiver or liquidator.

24         5.  Establish regular places and times for meetings of

25  the board of directors.

26         6.  Establish procedures for records to be kept of all

27  financial transactions of the association and its agents and

28  the board of directors.

29         7.  Provide that any member employer aggrieved by any

30  final action or decision of the association may appeal to the

31  department within 30 days after the action or decision.

                                  60

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         8.  Establish the procedures whereby recommendations of

  2  candidates for the board of directors shall be submitted to

  3  the department.

  4         9.  Contain additional provisions necessary or proper

  5  for the execution of the powers and duties of the association.

  6         (d)(e)  The plan of operation may provide that any or

  7  all of the powers and duties of the association, except those

  8  specified under subparagraphs (c)1. (d)1. and 2., be delegated

  9  to a corporation, association, or other organization which

10  performs or will perform functions similar to those of this

11  association or its equivalent in two or more states.  Such a

12  corporation, association, or organization shall be reimbursed

13  as a servicing facility would be reimbursed and shall be paid

14  for its performance of any other functions of the association.

15  A delegation of powers or duties under this subsection shall

16  take effect only with the approval of both the board of

17  directors and the department and may be made only to a

18  corporation, association, or organization which extends

19  protection which is not substantially less favorable and

20  effective than the protection provided by this section.

21         (6)  POWERS AND DUTIES OF DEPARTMENT OF INSURANCE LABOR

22  AND EMPLOYMENT SECURITY.--

23         (a)  The department shall:

24         1.  Notify the association of the existence of an

25  insolvent employer not later than 3 days after it receives

26  notice of the determination of insolvency.

27         2.  Upon request of the board of directors, provide the

28  association with a statement of the annual normal premiums of

29  each member employer.

30         (b)  The department may:

31         1.  Require that the association notify the member

                                  61

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  employers and any other interested parties of the

  2  determination of insolvency and of their rights under this

  3  section.  Such notification shall be by mail at the last known

  4  address thereof when available; but, if sufficient information

  5  for notification by mail is not available, notice by

  6  publication in a newspaper of general circulation shall be

  7  sufficient.

  8         2.  Suspend or revoke the authority of any member

  9  employer failing to pay an assessment when due or failing to

10  comply with the plan of operation to self-insure in this

11  state. As an alternative, the department may levy a fine on

12  any member employer failing to pay an assessment when due.

13  Such fine shall not exceed 5 percent of the unpaid assessment

14  per month, except that no fine shall be less than $100 per

15  month.

16         3.  Revoke the designation of any servicing facility if

17  the department finds that claims are being handled

18  unsatisfactorily.

19         (8)  PREVENTION OF INSOLVENCIES.--To aid in the

20  detection and prevention of employer insolvencies:

21         (a)  Upon determination by majority vote that any

22  member employer may be insolvent or in a financial condition

23  hazardous to the employees thereof or to the public, it shall

24  be the duty of the board of directors to notify the Department

25  of Insurance Labor and Employment Security of any information

26  indicating such condition.

27         (9)  EXAMINATION OF THE ASSOCIATION.--The association

28  shall be subject to examination and regulation by the

29  Department of Insurance Labor and Employment Security. No

30  later than March 30 of each year, the board of directors shall

31  submit a financial report for the preceding calendar year in a

                                  62

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  form approved by the department.

  2         (10)  IMMUNITY.--There shall be no liability on the

  3  part of, and no cause of action of any nature shall arise

  4  against, any member employer, the association or its agents or

  5  employees, the board of directors, or the Department of

  6  Insurance Labor and Employment Security or its representatives

  7  for any action taken by them in the performance of their

  8  powers and duties under this section.

  9         Section 49.  Subsection (6) of section 440.44, Florida

10  Statutes, is amended to read:

11         440.44  Workers' compensation; staff organization.--

12         (6)  SEAL.--The division, the judges of compensation

13  claims, and the Chief Judge shall have a seal upon which shall

14  be inscribed the words "State of Florida Department of

15  Insurance Labor and Employment Security--Seal."

16         Section 50.  Subsections (1) and (3) of section

17  440.4416, Florida Statutes, are amended to read:

18         440.4416  Workers' Compensation Oversight Board.--

19         (1)  There is created within the Department of

20  Insurance Labor and Employment Security the Workers'

21  Compensation Oversight Board. The board shall be composed of

22  the following members, each of whom has knowledge of, or

23  experience with, the workers' compensation system:

24         (a)  Six members selected by the Governor, none of whom

25  shall be a member of the Legislature at the time of

26  appointment, consisting of the following:

27         1.  Two representatives of employers.

28         2.  Four representatives of employees, one of whom must

29  be a representative of an employee's union whose members are

30  covered by workers' compensation pursuant to this chapter.

31         (b)  Three members selected by the President of the

                                  63

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Senate, none of whom shall be members of the Legislature at

  2  the time of appointment, consisting of:

  3         1.  A representative of employers who employs at least

  4  10 employees in Florida for which workers' compensation

  5  coverage is provided pursuant to this chapter, and who is a

  6  licensed general contractor actively engaged in the

  7  construction industry in this state.

  8         2.  A representative of employers who employs fewer

  9  than 10 employees in Florida for which workers' compensation

10  coverage is provided pursuant to this chapter.

11         3.  A representative of employees.

12         (c)  Three members selected by the Speaker of the House

13  of Representatives, none of whom shall be members of the

14  Legislature at the time of appointment, consisting of:

15         1.  A representative of employers who employs fewer

16  than 10 employees in Florida and who is a licensed general

17  contractor actively engaged in the construction industry in

18  this state for which workers' compensation coverage is

19  provided pursuant to this chapter.

20         2.  A representative of employers who employs at least

21  10 employees in Florida for which workers' compensation

22  coverage is provided pursuant to this chapter.

23         3.  A representative of employees.

24         (d)  Additionally, the Insurance Commissioner and the

25  secretary of the Department of Labor and Employment Security

26  shall be a nonvoting ex officio member members.

27         (e)  The original appointments to the board shall be

28  made on or before January 1, 1994. Vacancies in the membership

29  of the board shall be filled in the same manner as the

30  original appointments. Except as to ex officio members of the

31  board, three appointees of the Governor, two appointees of the

                                  64

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  President of the Senate, and two appointees of the Speaker of

  2  the House of Representatives shall serve for terms of 2 years,

  3  and the remaining appointees shall serve for terms of 4 years.

  4  Thereafter, all members shall serve for terms of 4 years;

  5  except that a vacancy shall be filled by appointment for the

  6  remainder of the term. The board shall have an organizational

  7  meeting on or before March 1, 1994, the time and place of such

  8  meeting to be determined by the Governor.

  9         (f)  Each member is accountable to the Governor for

10  proper performance of his or her duties as a member of the

11  board. The Governor may remove from office any member for

12  malfeasance, misfeasance, neglect of duty, drunkenness,

13  incompetence, permanent inability to perform official duties,

14  or for pleading guilty or nolo contendere to, or having been

15  adjudicated guilty of, a first degree misdemeanor or a felony.

16         (g)  A vacancy shall occur upon failure of a member to

17  attend four consecutive meetings of the board or 50 percent of

18  the meetings of the board during a 12-month period, unless the

19  board by majority votes to excuse the absence of such member.

20         (3)  EXECUTIVE DIRECTOR; EXPENSES.--

21         (a)  The board shall appoint an executive director to

22  direct and supervise the administrative affairs and general

23  management of the board who shall be subject to the provisions

24  of part IV of chapter 110. The executive director may employ

25  persons and obtain technical assistance as authorized by the

26  board and shall attend all meetings of the board. Board

27  employees shall be exempt from part II of chapter 110.

28         (b)  In addition to per diem and travel expenses

29  authorized by s. 112.061, board members shall receive

30  compensation of $50 for each full day allocable to business of

31  the board. The board shall promulgate procedures defining

                                  65

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  "business" for purposes of receiving compensation. Such

  2  procedures shall require each member to maintain time records

  3  and submit such records to the executive director on a monthly

  4  basis. Failure to timely file such monthly record shall

  5  extinguish the member's entitlement to compensation for the

  6  subject period. Travel outside this state shall be approved by

  7  the Insurance Commissioner and Treasurer secretary of the

  8  department. Expenses associated with the administration of

  9  this section shall be appropriated and paid for from the trust

10  fund created by s. 440.50.

11         Section 51.  Subsection (1) of section 440.45, Florida

12  Statutes, is amended to read:

13         440.45  Office of the Judges of Compensation Claims.--

14         (1)  There is hereby created the Office of the Judges

15  of Compensation Claims within the Department of Insurance

16  Labor and Employment Security. The Office of the Judges of

17  Compensation Claims shall be headed by a Chief Judge.  The

18  Chief Judge shall be appointed by the Governor for a term of 4

19  years from a list of three names submitted by the statewide

20  nominating commission created under subsection (2). The Chief

21  Judge must possess the same qualifications for appointment as

22  a judge of compensation claims, and the procedure for

23  reappointment of the Chief Judge will be the same as for

24  reappointment of a judge of compensation claims. The office

25  shall be a separate budget entity and the Chief Judge shall be

26  its agency head for all purposes.  The Department of Insurance

27  Labor and Employment Security shall provide administrative

28  support and service to the office to the extent requested by

29  the Chief Judge but shall not direct, supervise, or control

30  the Office of the Judges of Compensation Claims in any manner,

31  including, but not limited to, personnel, purchasing,

                                  66

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  budgetary matters, or property transactions. The operating

  2  budget of the Office of the Judges of Compensation Claims

  3  shall be paid out of the Workers' Compensation Administration

  4  Trust Fund established in s. 440.50.

  5         Section 52.  Paragraph (e) of subsection (9) of section

  6  440.49, Florida Statutes, is amended to read:

  7         440.49  Limitation of liability for subsequent injury

  8  through Special Disability Trust Fund.--

  9         (9)  SPECIAL DISABILITY TRUST FUND.--

10         (e)  The Department of Insurance Labor and Employment

11  Security or administrator shall report annually on the status

12  of the Special Disability Trust Fund.  The report shall update

13  the estimated undiscounted and discounted fund liability, as

14  determined by an independent actuary, change in the total

15  number of notices of claim on file with the fund in addition

16  to the number of newly filed notices of claim, change in the

17  number of proofs of claim processed by the fund, the fee

18  revenues refunded and revenues applied to pay down the

19  liability of the fund, the average time required to reimburse

20  accepted claims, and the average administrative costs per

21  claim.  The department or administrator shall submit its

22  report to the Governor, the President of the Senate, and the

23  Speaker of the House of Representatives by December 1 of each

24  year.

25         Section 53.  Effective October 1, 2000, section

26  215.311, Florida Statutes, is amended to read:

27         215.311  State funds; exceptions.--The provisions of s.

28  215.31 shall not apply to funds collected by and under the

29  direction and supervision of the Division of Blind Services of

30  the Department of Management Services Labor and Employment

31  Security as provided under ss. 413.011, 413.041, and 413.051;

                                  67

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  however, nothing in this section shall be construed to except

  2  from the provisions of s. 215.31 any appropriations made by

  3  the state to the division.

  4         Section 54.  Effective October 1, 2000, subsection (1)

  5  of section 413.091, Florida Statutes, is amended to read:

  6         413.091  Identification cards.--

  7         (1)  The Division of Blind Services of the Department

  8  of Management Services Labor and Employment Security is hereby

  9  empowered to issue identification cards to persons known to be

10  blind or partially sighted, upon the written request of such

11  individual.

12         Section 55.  Subsection (3) of section 440.102, Florida

13  Statutes, is amended to read:

14         440.102  Drug-free workplace program requirements.--The

15  following provisions apply to a drug-free workplace program

16  implemented pursuant to law or to rules adopted by the Agency

17  for Health Care Administration:

18         (3)  NOTICE TO EMPLOYEES AND JOB APPLICANTS.--

19         (a)  One time only, prior to testing, an employer shall

20  give all employees and job applicants for employment a written

21  policy statement which contains:

22         1.  A general statement of the employer's policy on

23  employee drug use, which must identify:

24         a.  The types of drug testing an employee or job

25  applicant may be required to submit to, including

26  reasonable-suspicion drug testing or drug testing conducted on

27  any other basis.

28         b.  The actions the employer may take against an

29  employee or job applicant on the basis of a positive confirmed

30  drug test result.

31         2.  A statement advising the employee or job applicant

                                  68

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  of the existence of this section.

  2         3.  A general statement concerning confidentiality.

  3         4.  Procedures for employees and job applicants to

  4  confidentially report to a medical review officer the use of

  5  prescription or nonprescription medications to a medical

  6  review officer both before and after being tested.

  7         5.  A list of the most common medications, by brand

  8  name or common name, as applicable, as well as by chemical

  9  name, which may alter or affect a drug test. A list of such

10  medications as developed by the Agency for Health Care

11  Administration shall be available to employers through the

12  Division of Workers' Compensation of the Department of

13  Insurance Labor and Employment Security.

14         6.  The consequences of refusing to submit to a drug

15  test.

16         7.  A representative sampling of names, addresses, and

17  telephone numbers of employee assistance programs and local

18  drug rehabilitation programs.

19         8.  A statement that an employee or job applicant who

20  receives a positive confirmed test result may contest or

21  explain the result to the medical review officer within 5

22  working days after receiving written notification of the test

23  result; that if an employee's or job applicant's explanation

24  or challenge is unsatisfactory to the medical review officer,

25  the medical review officer shall report a positive test result

26  back to the employer; and that a person may contest the drug

27  test result pursuant to law or to rules adopted by the Agency

28  for Health Care Administration.

29         9.  A statement informing the employee or job applicant

30  of his or her responsibility to notify the laboratory of any

31  administrative or civil action brought pursuant to this

                                  69

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  section.

  2         10.  A list of all drugs for which the employer will

  3  test, described by brand name or common name, as applicable,

  4  as well as by chemical name.

  5         11.  A statement regarding any applicable collective

  6  bargaining agreement or contract and the right to appeal to

  7  the Public Employees Relations Commission or applicable court.

  8         12.  A statement notifying employees and job applicants

  9  of their right to consult with a medical review officer for

10  technical information regarding prescription or

11  nonprescription medication.

12         (b)  An employer not having a drug-testing program

13  shall ensure that at least 60 days elapse between a general

14  one-time notice to all employees that a drug-testing program

15  is being implemented and the beginning of actual drug testing.

16  An employer having a drug-testing program in place prior to

17  July 1, 1990, is not required to provide a 60-day notice

18  period.

19         (c)  An employer shall include notice of drug testing

20  on vacancy announcements for positions for which drug testing

21  is required. A notice of the employer's drug-testing policy

22  must also be posted in an appropriate and conspicuous location

23  on the employer's premises, and copies of the policy must be

24  made available for inspection by the employees or job

25  applicants of the employer during regular business hours in

26  the employer's personnel office or other suitable locations.

27         Section 56.  Subsection (1) of section 440.125, Florida

28  Statutes, is amended to read:

29         440.125  Medical records and reports; identifying

30  information in employee medical bills; confidentiality.--

31         (1)  Any medical records and medical reports of an

                                  70

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  injured employee and any information identifying an injured

  2  employee in medical bills which are provided to the Division

  3  of Workers' Compensation of the Department of Insurance Labor

  4  and Employment Security pursuant to s. 440.13 are confidential

  5  and exempt from the provisions of s. 119.07(1) and s. 24(a),

  6  Art. I of the State Constitution, except as otherwise provided

  7  by this chapter.

  8         Section 57.  Paragraph (a) of subsection (11) of

  9  section 440.13, Florida Statutes, is amended to read:

10         440.13  Medical services and supplies; penalty for

11  violations; limitations.--

12         (11)  AUDITS BY DIVISION; JURISDICTION.--

13         (a)  The Division of Workers' Compensation of the

14  Department of Insurance Labor and Employment Security may

15  investigate health care providers to determine whether

16  providers are complying with this chapter and with rules

17  adopted by the division, whether the providers are engaging in

18  overutilization, and whether providers are engaging in

19  improper billing practices. If the division finds that a

20  health care provider has improperly billed, overutilized, or

21  failed to comply with division rules or the requirements of

22  this chapter it must notify the provider of its findings and

23  may determine that the health care provider may not receive

24  payment from the carrier or may impose penalties as set forth

25  in subsection (8) or other sections of this chapter. If the

26  health care provider has received payment from a carrier for

27  services that were improperly billed or for overutilization,

28  it must return those payments to the carrier. The division may

29  assess a penalty not to exceed $500 for each overpayment that

30  is not refunded within 30 days after notification of

31  overpayment by the division or carrier.

                                  71

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         Section 58.  Paragraph (f) of subsection (4) and

  2  paragraph (b) of subsection (5) of section 440.25, Florida

  3  Statutes, are amended to read:

  4         (4)

  5         (f)  Each judge of compensation claims is required to

  6  submit a special report to the Chief Judge in each contested

  7  workers' compensation case in which the case is not determined

  8  within 14 days of final hearing. Said form shall be provided

  9  by the Chief Judge and shall contain the names of the judge of

10  compensation claims and of the attorneys involved and a brief

11  explanation by the judge of compensation claims as to the

12  reason for such a delay in issuing a final order. The Chief

13  Judge shall compile these special reports into an annual

14  public report to the Governor, the Insurance Commissioner

15  Secretary of Labor and Employment Security, the Legislature,

16  The Florida Bar, and the appellate district judicial

17  nominating commissions.

18         (5)

19         (b)  An appellant may be relieved of any necessary

20  filing fee by filing a verified petition of indigency for

21  approval as provided in s. 57.081(1) and may be relieved in

22  whole or in part from the costs for preparation of the record

23  on appeal if, within 15 days after the date notice of the

24  estimated costs for the preparation is served, the appellant

25  files with the judge of compensation claims a copy of the

26  designation of the record on appeal, and a verified petition

27  to be relieved of costs. A verified petition filed prior to

28  the date of service of the notice of the estimated costs shall

29  be deemed not timely filed. The verified petition relating to

30  record costs shall contain a sworn statement that the

31  appellant is insolvent and a complete, detailed, and sworn

                                  72

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  financial affidavit showing all the appellant's assets,

  2  liabilities, and income. Failure to state in the affidavit all

  3  assets and income, including marital assets and income, shall

  4  be grounds for denying the petition with prejudice. The

  5  division shall promulgate rules as may be required pursuant to

  6  this subsection, including forms for use in all petitions

  7  brought under this subsection. The appellant's attorney, or

  8  the appellant if she or he is not represented by an attorney,

  9  shall include as a part of the verified petition relating to

10  record costs an affidavit or affirmation that, in her or his

11  opinion, the notice of appeal was filed in good faith and that

12  there is a probable basis for the District Court of Appeal,

13  First District, to find reversible error, and shall state with

14  particularity the specific legal and factual grounds for the

15  opinion. Failure to so affirm shall be grounds for denying the

16  petition. A copy of the verified petition relating to record

17  costs shall be served upon all interested parties, including

18  the division and the Office of the General Counsel, Department

19  of Insurance Labor and Employment Security, in Tallahassee.

20  The judge of compensation claims shall promptly conduct a

21  hearing on the verified petition relating to record costs,

22  giving at least 15 days' notice to the appellant, the

23  division, and all other interested parties, all of whom shall

24  be parties to the proceedings. The judge of compensation

25  claims may enter an order without such hearing if no objection

26  is filed by an interested party within 20 days from the

27  service date of the verified petition relating to record

28  costs. Such proceedings shall be conducted in accordance with

29  the provisions of this section and with the workers'

30  compensation rules of procedure, to the extent applicable. In

31  the event an insolvency petition is granted, the judge of

                                  73

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  compensation claims shall direct the division to pay record

  2  costs and filing fees from the Workers' Compensation Trust

  3  Fund pending final disposition of the costs of appeal. The

  4  division may transcribe or arrange for the transcription of

  5  the record in any proceeding for which it is ordered to pay

  6  the cost of the record. In the event the insolvency petition

  7  is denied, the judge of compensation claims may enter an order

  8  requiring the petitioner to reimburse the division for costs

  9  incurred in opposing the petition, including investigation and

10  travel expenses.

11         Section 59.  Section 440.525, Florida Statutes, is

12  amended to read:

13         440.525  Examination of carriers.--Beginning July 1,

14  1994, The Division of Workers' Compensation of the Department

15  of Insurance Labor and Employment Security may examine each

16  carrier as often as is warranted to ensure that carriers are

17  fulfilling their obligations under the law, and shall examine

18  each carrier not less frequently than once every 3 years. The

19  examination must cover the preceding 3 fiscal years of the

20  carrier's operations and must commence within 12 months after

21  the end of the most recent fiscal year being covered by the

22  examination. The examination may cover any period of the

23  carrier's operations since the last previous examination.

24         Section 60.  Subsections (1) and (2) of section 440.59,

25  Florida Statutes, are amended to read:

26         440.59  Reporting requirements.--

27         (1)  The Department of Insurance Labor and Employment

28  Security shall annually prepare a report of the administration

29  of this chapter for the preceding calendar year, including a

30  detailed statement of the receipts of and expenditures from

31  the fund established in s. 440.50 and a statement of the

                                  74

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  causes of the accidents leading to the injuries for which the

  2  awards were made, together with such recommendations as the

  3  department considers advisable. On or before September 15 of

  4  each year, the department shall submit a copy of the report to

  5  the Governor, the President of the Senate, the Speaker of the

  6  House of Representatives, the Democratic and Republican

  7  Leaders of the Senate and the House of Representatives, and

  8  the chairs of the legislative committees having jurisdiction

  9  over workers' compensation.

10         (2)  The Division of Workers' Compensation of the

11  Department of Insurance Labor and Employment Security shall

12  complete on a quarterly basis an analysis of the previous

13  quarter's injuries which resulted in workers' compensation

14  claims. The analysis shall be broken down by risk

15  classification, shall show for each such risk classification

16  the frequency and severity for the various types of injury,

17  and shall include an analysis of the causes of such injuries.

18  The division shall distribute to each employer and

19  self-insurer in the state covered by the Workers' Compensation

20  Law the data relevant to its workforce. The report shall also

21  be distributed to the insurers authorized to write workers'

22  compensation insurance in the state.

23         Section 61.  Effective January 1, 2001, subsections

24  (1), (4), and (5) of section 443.012, Florida Statutes, are

25  amended to read:

26         443.012  Unemployment Appeals Commission.--

27         (1)  There is created within the Department of

28  Management Services Labor and Employment Security an

29  Unemployment Appeals Commission, hereinafter referred to as

30  the "commission."  The commission shall consist of a chair and

31  two other members to be appointed by the Governor, subject to

                                  75

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  confirmation by the Senate.  Not more than one appointee must

  2  be a person who, on account of previous vocation, employment,

  3  or affiliation, is classified as a representative of

  4  employers; and not more than one such appointee must be a

  5  person who, on account of previous vocation, employment, or

  6  affiliation, is classified as a representative of employees.

  7         (a)  The chair shall devote his or her entire time to

  8  commission duties and shall be responsible for the

  9  administrative functions of the commission.

10         (b)  The chair shall have the authority to appoint a

11  general counsel and such other personnel as may be necessary

12  to carry out the duties and responsibilities of the

13  commission.

14         (c)  The chair shall have the qualifications required

15  by law for a judge of the circuit court and shall not engage

16  in any other business vocation or employment. Notwithstanding

17  any other provisions of existing law, the chair shall be paid

18  a salary equal to that paid under state law to a judge of the

19  circuit court.

20         (d)  The remaining members shall be paid a stipend of

21  $100 for each day they are engaged in the work of the

22  commission.  The chair and other members shall also be

23  reimbursed for travel expenses, as provided in s. 112.061.

24         (e)  The total salary and travel expenses of each

25  member of the commission shall be paid from the Employment

26  Security Administration Trust Fund.

27         (4)  The property, personnel, and appropriations

28  relating to the specified authority, powers, duties, and

29  responsibilities of the commission shall be provided to the

30  commission by the Department of Management Services Labor and

31  Employment Security.

                                  76

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (5)  The commission shall not be subject to control,

  2  supervision, or direction by the Department of Management

  3  Services Labor and Employment Security in the performance of

  4  its powers and duties under this chapter.

  5         Section 62.  Effective October 1, 2000, all powers,

  6  duties, functions, rules, records, personnel, property, and

  7  unexpended balances of appropriations, allocations, and other

  8  funds of the Unemployment Appeals Commission relating to the

  9  commission's specified authority, powers, duties, and

10  responsibilities are transferred by a type two transfer, as

11  defined in section 20.06(2), Florida Statutes, to the

12  Department of Management Services.

13         Section 63.  Effective October 1, 2000, subsections

14  (12), (15), and (22) of section 443.036, Florida Statutes, are

15  amended to read:

16         443.036  Definitions.--As used in this chapter, unless

17  the context clearly requires otherwise:

18         (12)  COMMISSION.--"Commission" means the Unemployment

19  Appeals Commission of the Department of Labor and Employment

20  Security.

21         (15)  AGENCY DIVISION.--"Agency" "Division" means the

22  Agency for Workforce Innovation Division of Unemployment

23  Compensation of the Department of Labor and Employment

24  Security.

25         (22)  EMPLOYMENT OFFICE.--"Employment office" means a

26  free public employment office or branch thereof operated by

27  this or any other state, or a duly authorized agent thereof,

28  as a part of a state-controlled system of public employment

29  offices or by a federal agency charged with the administration

30  of an unemployment compensation program or free public

31  employment offices.

                                  77

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         Section 64.  Subsection (1) of section 443.091, Florida

  2  Statutes, is amended to read:

  3         443.091  Benefit eligibility conditions.--

  4         (1)  An unemployed individual shall be eligible to

  5  receive benefits with respect to any week only if the agency

  6  division finds that:

  7         (a)  She or he has made a claim for benefits with

  8  respect to such week in accordance with such rules as the

  9  division may prescribe.

10         (b)  She or he has registered for work at, and

11  thereafter continued to report as instructed by at, the agency

12  division, which shall be responsible for notification of the

13  Division of Jobs and Benefits in accordance with such rules as

14  the agency division may prescribe; except that the agency

15  division may, by rule not inconsistent with the purposes of

16  this law, waive or alter either or both of the requirements of

17  this subsection as to individuals attached to regular jobs;

18  but no such rule shall conflict with s. 443.111(1).

19         (c)1.  She or he is able to work and is available for

20  work. In order to assess eligibility for a claimed week of

21  unemployment, the division shall develop criteria to determine

22  a claimant's ability to work and availability for work.

23         2.  Notwithstanding any other provisions in this

24  section, no otherwise eligible individual shall be denied

25  benefits for any week because she or he is in training with

26  the approval of the division, nor shall such individual be

27  denied benefits with respect to any week in which she or he is

28  in training with the approval of the division by reason of the

29  application of provisions in subparagraph 1. relating to

30  availability for work, or the provisions of s. 443.101(2)

31  relating to failure to apply for, or refusal to accept,

                                  78

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  suitable work. Training may be approved by the division in

  2  accordance with criteria prescribed by rule. A claimant's

  3  eligibility during approved training is contingent upon

  4  satisfying eligibility conditions prescribed by rule.

  5         3.  Notwithstanding any other provision of this

  6  chapter, an individual who is in training approved under s.

  7  236(a)(1) of the Trade Act of 1974, as amended, may not be

  8  determined to be ineligible or disqualified for benefits with

  9  respect to her or his enrollment in such training or because

10  of leaving work which is not suitable employment to enter such

11  training.  For the purposes of this subparagraph, the term

12  "suitable employment" means, with respect to a worker, work of

13  a substantially equal or higher skill level than the worker's

14  past adversely affected employment, as defined for purposes of

15  the Trade Act of 1974, as amended, the wages for which are not

16  less than 80 percent of the worker's average weekly wage as

17  determined for purposes of the Trade Act of 1974, as amended.

18         4.  Notwithstanding any other provision of this

19  section, an otherwise eligible individual shall not be denied

20  benefits for any week by reason of the application of

21  subparagraph 1. because she or he is before any court of the

22  United States or any state pursuant to a lawfully issued

23  summons to appear for jury duty.

24         (d)  She or he participates in reemployment services,

25  such as job search assistance services, whenever the

26  individual has been determined, pursuant to a profiling system

27  established by rule of the division, to be likely to exhaust

28  regular benefits and to be in need of reemployment services.

29         (e)  She or he has been unemployed for a waiting period

30  of 1 week. No week shall be counted as a week of unemployment

31  for the purposes of this subsection:

                                  79

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         1.  Unless it occurs within the benefit year which

  2  includes the week with respect to which she or he claims

  3  payment of benefits.

  4         2.  If benefits have been paid with respect thereto.

  5         3.  Unless the individual was eligible for benefits

  6  with respect thereto as provided in this section and s.

  7  443.101 except for the requirements of this subsection and of

  8  s. 443.101(5).

  9         (f)  She or he has been paid wages for insured work

10  equal to 1.5 times her or his high quarter wages during her or

11  his base period, except that an unemployed individual is not

12  eligible to receive benefits if the base period wages are less

13  than $3,400. As amended by this act, this paragraph applies

14  only to benefit years beginning on or after July 1, 1996.

15         Section 65.  Effective January 1, 2001, paragraph (a)

16  of subsection (4) and subsection (8) of section 443.151,

17  Florida Statutes, are amended to read:

18         443.151  Procedure concerning claims.--

19         (4)  APPEALS.--

20         (a)  Appeals referees.--The agency division shall

21  appoint one or more impartial salaried appeals referees

22  selected in accordance with s. 443.171(4) to hear and decide

23  appealed or disputed claims.  Such appeals referees shall have

24  such qualifications as may be established by the Department of

25  Management Services upon the advice and consent of the agency

26  division. No person shall participate on behalf of the agency

27  division as an appeals referee in any case in which she or he

28  is an interested party. The agency division may designate

29  alternates to serve in the absence or disqualification of any

30  appeals referee upon a temporary basis and pro hac vice which

31  alternate shall be possessed of the same qualifications

                                  80

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  required of appeals referees. The Department of Management

  2  Services and the agency division shall provide the commission

  3  and the appeals referees with proper facilities and assistance

  4  for the execution of their functions.

  5         (8)  BILINGUAL REQUIREMENTS.--

  6         (a)  Based on the estimated total number of households

  7  in a county which speak the same non-English language, a

  8  single-language minority, the agency division shall provide

  9  printed bilingual instructional and educational materials in

10  the appropriate language in those counties in which 5 percent

11  or more of the households in the county are classified as a

12  single-language minority.

13         (b)  The agency division shall ensure that one-stop

14  career centers jobs and benefits offices and appeals bureaus

15  in counties subject to the requirements of paragraph (c)

16  prominently post notices in the appropriate languages that

17  translators are available in those centers offices and

18  bureaus.

19         (c)  Single-language minority refers to households

20  which speak the same non-English language and which do not

21  contain an adult fluent in English. The agency division shall

22  develop estimates of the percentages of single-language

23  minority households for each county by using data made

24  available by the United States Bureau of the Census.

25         Section 66.  Effective January 1, 2001, subsections

26  (1), (5), and (7) of section 443.171, Florida Statutes, are

27  amended to read:

28         443.171  Agency Division and commission; powers and

29  duties; rules; advisory council; records and reports.--

30         (1)  POWERS AND DUTIES OF AGENCY DIVISION.--It shall be

31  the duty of the agency division to administer this chapter;

                                  81

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  and it shall have power and authority to employ such persons,

  2  make such expenditures, require such reports, make such

  3  investigations, and take such other action as it deems

  4  necessary or suitable to that end.  The agency division shall

  5  determine its own organization and methods of procedure in

  6  accordance with the provisions of this chapter. Not later than

  7  March 15 of each year, the agency, in conjunction with the

  8  Unemployment Appeals Commission division, through the

  9  Department of Labor and Employment Security, shall submit to

10  the Governor a report covering the administration and

11  operation of this chapter during the preceding calendar year

12  and shall make such recommendations for amendment to this

13  chapter as it deems proper.

14         (5)  UNEMPLOYMENT COMPENSATION ADVISORY COUNCIL.--There

15  is created a state Unemployment Compensation Advisory Council

16  to assist the agency division in reviewing the unemployment

17  insurance program and to recommend improvements for such

18  program.

19         (a)  The council shall consist of 18 members, including

20  equal numbers of employer representatives and employee

21  representatives who may fairly be regarded as representative

22  because of their vocations, employments, or affiliations, and

23  representatives of the general public.

24         (b)  The members of the council shall be appointed by

25  the director of the Agency for Workforce Innovation secretary

26  of the Department of Labor and Employment Security. Initially,

27  the secretary shall appoint five members for terms of 4 years,

28  five members for terms of 3 years, five members for terms of 2

29  years, and three members for terms of 1 year. Thereafter,

30  Members shall be appointed for 4-year terms.  A vacancy shall

31  be filled for the remainder of the unexpired term.

                                  82

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (c)  The council shall meet at the call of its chair,

  2  at the request of a majority of its membership, at the request

  3  of the division, or at such times as may be prescribed by its

  4  rules, but not less than twice a year. The council shall make

  5  a report of each meeting, which shall include a record of its

  6  discussions and recommendations.  The division shall make such

  7  reports available to any interested person or group.

  8         (d)  Members of the council shall serve without

  9  compensation but shall be entitled to receive reimbursement

10  for per diem and travel expenses as provided in s. 112.061.

11         (7)  RECORDS AND REPORTS.--Each employing unit shall

12  keep true and accurate work records, containing such

13  information as the agency division may prescribe. Such records

14  shall be open to inspection and be subject to being copied by

15  the agency division at any reasonable time and as often as may

16  be necessary. The agency division or an appeals referee may

17  require from any employing unit any sworn or unsworn reports,

18  with respect to persons employed by it, deemed necessary for

19  the effective administration of this chapter. However, a state

20  or local governmental agency performing intelligence or

21  counterintelligence functions need not report an employee if

22  the head of such agency has determined that reporting the

23  employee could endanger the safety of the employee or

24  compromise an ongoing investigation or intelligence mission.

25  Information revealing the employing unit's or individual's

26  identity thus obtained from the employing unit or from any

27  individual pursuant to the administration of this chapter,

28  shall, except to the extent necessary for the proper

29  presentation of a claim or upon written authorization of the

30  claimant who has a workers' compensation claim pending, be

31  held confidential and exempt from the provisions of s.

                                  83

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  119.07(1). Such information shall be available only to public

  2  employees or their duly authorized agents in the performance

  3  of their public duties, including employees of the Department

  4  of Education in obtaining information for the Florida

  5  Education and Training Placement Information Program and the

  6  Office of Tourism, Trade, and Economic Development Department

  7  of Commerce in its administration of the qualified defense

  8  contractor tax refund program authorized by s. 288.1045 s.

  9  288.104, the qualified target industry business tax refund

10  program authorized by s. 288.106. Any claimant, or the

11  claimant's legal representative, at a hearing before an

12  appeals referee or the commission shall be supplied with

13  information from such records to the extent necessary for the

14  proper presentation of her or his claim. Any employee or

15  member of the commission or any employee of the agency

16  division, or any other person receiving confidential

17  information, who violates any provision of this subsection is

18  guilty of a misdemeanor of the second degree, punishable as

19  provided in s. 775.082 or s. 775.083. However, the agency

20  division may furnish to any employer copies of any report

21  previously submitted by such employer, upon the request of

22  such employer, and the agency division is authorized to charge

23  therefor such reasonable fee as the agency division may by

24  rule prescribe not to exceed the actual reasonable cost of the

25  preparation of such copies. Fees received by the agency

26  division for copies provided under this subsection shall be

27  deposited to the credit of the Employment Security

28  Administration Trust Fund.

29         Section 67.  Subsection (1) of section 443.1715,

30  Florida Statutes, is amended to read:

31         443.1715  Disclosure of information; confidentiality.--

                                  84

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (1)  RECORDS AND REPORTS.--Information revealing the

  2  employing unit's or individual's identity obtained from the

  3  employing unit or from any individual pursuant to the

  4  administration of this chapter, and any determination

  5  revealing such information, must, except to the extent

  6  necessary for the proper presentation of a claim or upon

  7  written authorization of the claimant who has a workers'

  8  compensation claim pending, be held confidential and exempt

  9  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

10  the State Constitution. Such information may be made available

11  only to public employees or their duly authorized agents in

12  the performance of their public duties, including employees of

13  the Department of Education in obtaining information for the

14  Florida Education and Training Placement Information Program

15  and the Office of Tourism, Trade, and Economic Development

16  Department of Commerce in its administration of the qualified

17  defense contractor tax refund program authorized by s.

18  288.104. Except as otherwise provided by law, public employees

19  receiving such information must retain the confidentiality of

20  such information. Any claimant, or the claimant's legal

21  representative, at a hearing before an appeals referee or the

22  commission shall be supplied with information from such

23  records to the extent necessary for the proper presentation of

24  her or his claim. Any employee or member of the commission or

25  any employee of the agency division, or any other person

26  receiving confidential information, who violates any provision

27  of this subsection commits a misdemeanor of the second degree,

28  punishable as provided in s. 775.082 or s. 775.083. However,

29  the agency division may furnish to any employer copies of any

30  report previously submitted by such employer, upon the request

31  of such employer, and may furnish to any claimant copies of

                                  85

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  any report previously submitted by such claimant, upon the

  2  request of such claimant, and the agency division is

  3  authorized to charge therefor such reasonable fee as the

  4  agency division may by rule prescribe not to exceed the actual

  5  reasonable cost of the preparation of such copies. Fees

  6  received by the agency division for copies as provided in this

  7  subsection must be deposited to the credit of the Employment

  8  Security Administration Trust Fund.

  9         Section 68.  Subsections (1), (2), (4), (6), (7), and

10  (8) of section 443.1716, Florida Statutes, are amended, and

11  subsection (11) is added to said section, to read:

12         443.1716  Authorized electronic access to employer

13  information.--

14         (1)  Notwithstanding any other provisions of this

15  chapter, the Agency for Workforce Innovation may Department of

16  Labor and Employment Security shall contract with one or more

17  consumer-reporting agencies to provide creditors with secured

18  electronic access to employer-provided information relating to

19  the quarterly wages report submitted in accordance with the

20  state's unemployment compensation law. Such access is limited

21  to the wage reports for the preceding 16 calendar quarters.

22         (2)  Creditors must obtain written consent from the

23  credit applicant. Any such written consent from the credit

24  applicant must be signed and must include the following:

25         (a)  Specific notice that the individual's wage and

26  employment history information will be released to a

27  consumer-reporting agency.;

28         (b)  Notice that such release is made for the sole

29  purpose of reviewing a specific application for credit made by

30  the individual.;

31         (c)  Notice that the files of the Agency for Workforce

                                  86

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Innovation Department of Labor and Employment Security

  2  containing wage and employment history information submitted

  3  by the individual or his or her employers may be accessed.;

  4  and

  5         (d)  A listing of the parties authorized to receive the

  6  released information.

  7         (e)  Notice that the consent to disclose is voluntary

  8  and not required by law and that refusal to consent to

  9  disclosure of state wage and employment information shall not

10  be a basis for denial of credit.

11         (4)  Should any consumer-reporting agency or creditor

12  violate any provision of this section, the Agency for

13  Workforce Innovation Department of Labor and Employment

14  Security shall, upon 30 days' written notice to the

15  consumer-reporting agency, terminate the contract established

16  between the Agency for Workforce Innovation department and the

17  consumer-reporting agency resulting from this section.

18         (6)  The Agency for Workforce Innovation Department of

19  Labor and Employment Security shall establish minimum audit,

20  security, net-worth, and liability-insurance standards,

21  technical requirements, and any other terms and conditions

22  considered necessary in the discretion of the state agency to

23  safeguard the confidentiality of the information released

24  under this section and to otherwise serve the public interest.

25  The Agency for Workforce Innovation Department of Labor and

26  Employment Security shall also include, in coordination with

27  any necessary state agencies, necessary audit procedures to

28  ensure that these terms and conditions rules are followed.

29         (7)  In contracting with one or more consumer-reporting

30  agencies under this section, any revenues generated by such

31  contract must be used to pay the entire cost of providing

                                  87

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  access to the information. Further, in accordance with federal

  2  regulations, any additional revenues generated by the Agency

  3  for Workforce Innovation department or the state under this

  4  section must be paid into the agency's department's trust fund

  5  for the administration of the unemployment compensation

  6  system.

  7         (8)  The Agency for Workforce Innovation department may

  8  not provide wage and employment history information to any

  9  consumer-reporting agency before the consumer-reporting agency

10  or agencies under contract with the Agency for Workforce

11  Innovation department pay all development and other startup

12  costs incurred by the state in connection with the design,

13  installation, and administration of technological systems and

14  procedures for the electronic-access program.

15         (11)  The wage information suppled to the creditor must

16  be provided, upon request, to the credit applicant in

17  accordance with the fair credit reporting laws of this state

18  and the United States.

19         Section 69.  Effective January 1, 2001, subsections (1)

20  and (2) of section 443.211, Florida Statutes, are amended to

21  read:

22         443.211  Employment Security Administration Trust Fund;

23  appropriation; reimbursement.--

24         (1)  EMPLOYMENT SECURITY ADMINISTRATION TRUST

25  FUND.--There is created in the State Treasury a special fund

26  to be known as the "Employment Security Administration Trust

27  Fund."  All moneys that are deposited into this fund remain

28  continuously available to the division for expenditure in

29  accordance with the provisions of this chapter and do not

30  lapse at any time and may not be transferred to any other

31  fund.  All moneys in this fund which are received from the

                                  88

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Federal Government or any agency thereof or which are

  2  appropriated by this state for the purposes described in ss.

  3  443.171 and 443.181, except money received under s.

  4  443.191(5)(c), must be expended solely for the purposes and in

  5  the amounts found necessary by the authorized cooperating

  6  federal agencies for the proper and efficient administration

  7  of this chapter. The fund shall consist of all moneys

  8  appropriated by this state; all moneys received from the

  9  United States or any agency thereof; all moneys received from

10  any other source for such purpose; any moneys received from

11  any agency of the United States or any other state as

12  compensation for services or facilities supplied to such

13  agency; any amounts received pursuant to any surety bond or

14  insurance policy or from other sources for losses sustained by

15  the Employment Security Administration Trust Fund or by reason

16  of damage to equipment or supplies purchased from moneys in

17  such fund; and any proceeds realized from the sale or

18  disposition of any such equipment or supplies which may no

19  longer be necessary for the proper administration of this

20  chapter. Notwithstanding any provision of this section, all

21  money requisitioned and deposited in this fund under s.

22  443.191(5)(c) remains part of the Unemployment Compensation

23  Trust Fund and must be used only in accordance with the

24  conditions specified in s. 443.191(5).  All moneys in this

25  fund must be deposited, administered, and disbursed in the

26  same manner and under the same conditions and requirements as

27  is provided by law for other special funds in the State

28  Treasury.  Such moneys must be secured by the depositary in

29  which they are held to the same extent and in the same manner

30  as required by the general depositary law of the state, and

31  collateral pledged must be maintained in a separate custody

                                  89

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  account. All payments from the Employment Security

  2  Administration Trust Fund must be approved by the agency, the

  3  commission, division, or by a duly authorized agent and must

  4  be made by the Treasurer upon warrants issued by the

  5  Comptroller.  Any balances in this fund do not lapse at any

  6  time and must remain continuously available to the division

  7  for expenditure consistent with this chapter.

  8         (2)  SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST

  9  FUND.--There is created in the State Treasury a special fund,

10  to be known as the "Special Employment Security Administration

11  Trust Fund," into which shall be deposited or transferred all

12  interest on contributions, penalties, and fines or fees

13  collected under this chapter.  Interest on contributions,

14  penalties, and fines or fees deposited during any calendar

15  quarter in the clearing account in the Unemployment

16  Compensation Trust Fund shall, as soon as practicable after

17  the close of such calendar quarter and upon certification of

18  the agency division, be transferred to the Special Employment

19  Security Administration Trust Fund.  However, there shall be

20  withheld from any such transfer the amount certified by the

21  agency division to be required under this chapter to pay

22  refunds of interest on contributions, penalties, and fines or

23  fees collected and erroneously deposited into the clearing

24  account in the Unemployment Compensation Trust Fund.  Such

25  amounts of interest and penalties so certified for transfer

26  shall be deemed to have been erroneously deposited in the

27  clearing account, and the transfer thereof to the Special

28  Employment Security Administration Trust Fund shall be deemed

29  to be a refund of such erroneous deposits. All moneys in this

30  fund shall be deposited, administered, and disbursed in the

31  same manner and under the same conditions and requirements as

                                  90

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  are provided by law for other special funds in the State

  2  Treasury. These moneys shall not be expended or be available

  3  for expenditure in any manner which would permit their

  4  substitution for, or permit a corresponding reduction in,

  5  federal funds which would, in the absence of these moneys, be

  6  available to finance expenditures for the administration of

  7  the Unemployment Compensation Law.  But nothing in this

  8  section shall prevent these moneys from being used as a

  9  revolving fund to cover expenditures, necessary and proper

10  under the law, for which federal funds have been duly

11  requested but not yet received, subject to the charging of

12  such expenditures against such funds when received.  The

13  moneys in this fund, with the approval of the Executive Office

14  of the Governor, shall be used by the Agency for Workforce

15  Innovation and the Unemployment Appeals Commission, Division

16  of Unemployment Compensation and the Division of Jobs and

17  Benefits for the payment of costs of administration which are

18  found not to have been properly and validly chargeable against

19  funds obtained from federal sources. All moneys in the Special

20  Employment Security Administration Trust Fund shall be

21  continuously available to the division for expenditure in

22  accordance with the provisions of this chapter and shall not

23  lapse at any time.  All payments from the Special Employment

24  Security Administration Trust Fund shall be approved by the

25  agency division or by a duly authorized agent thereof and

26  shall be made by the Treasurer upon warrants issued by the

27  Comptroller. The moneys in this fund are hereby specifically

28  made available to replace, as contemplated by subsection (3),

29  expenditures from the Employment Security Administration Trust

30  Fund, established by subsection (1), which have been found by

31  the Bureau of Employment Security, or other authorized federal

                                  91

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  agency or authority, because of any action or contingency, to

  2  have been lost or improperly expended.  The Treasurer shall be

  3  liable on her or his official bond for the faithful

  4  performance of her or his duties in connection with the

  5  Special Employment Security Administration Trust Fund.

  6         Section 70.  Subsection (3) of section 443.221, Florida

  7  Statutes, is amended to read:

  8         443.221  Reciprocal arrangements.--

  9         (3)  The administration of this chapter and of other

10  state and federal unemployment compensation and public

11  employment service laws will be promoted by cooperation

12  between this state and such other states and the appropriate

13  federal agencies and therefore the agency division is

14  authorized to enter into reciprocal arrangements with

15  appropriate and duly authorized agencies of other states or

16  the Federal Government or both in exchanging services,

17  determining and enforcing payment obligations, and making

18  available facilities and information.  The Agency for

19  Workforce Innovation is, Division of Unemployment Compensation

20  and Division of Jobs and Benefits are each, therefore,

21  authorized to make such investigations, secure and transmit

22  such information, make available such services and facilities,

23  and exercise such of the other powers provided herein with

24  respect to the administration of this chapter as deemed each

25  deems necessary or appropriate to facilitate the

26  administration of any such unemployment compensation or public

27  employment service law and, in like manner, to accept and

28  utilize information, services, and facilities made available

29  to this state by the agency charged with the administration of

30  any such other unemployment compensation or public employment

31  service law.

                                  92

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         Section 71.  Paragraphs (b) and (c) of subsection (2),

  2  subsection (3), paragraphs (b), (g), and (h) of subsection

  3  (4), and paragraphs (b), (c), and (d) of subsection (6) of

  4  section 443.231, Florida Statutes, are amended to read:

  5         443.231  Florida Training Investment Program.--The

  6  Florida Training Investment Program is designed to extend

  7  additional benefit eligibility to dislocated workers

  8  throughout Florida who have lost their jobs, have limited

  9  marketable skills, and enroll in vocational training intended

10  to lead to employment in a recognized occupation for which

11  there is labor market demand. Pursuant thereto:

12         (2)  DEFINITIONS.--As used in this section:

13         (b)  "Authorized training" means training which meets

14  the following criteria:

15         1.  Claimant must possess the aptitude and skills that

16  can be usefully supplemented by training.

17         2.  The labor market demands for the claimant's present

18  skills must be minimal.

19         3.  The training programs in vocational or technical

20  schools or classes must be designed to prepare the participant

21  for gainful employment in a recognized occupation. Authorized

22  training shall consist of a practical curriculum for

23  development of vocational, rather than avocational, skills.

24  The agency division may not approve as training programs,

25  educational or academic programs primarily intended to lead

26  toward a baccalaureate or higher degree. However, a basic

27  education program which is a prerequisite for skilled training

28  or other short-term, vocational-directed academic courses may

29  be approved.

30         4.  There must be reasonable expectations that the

31  claimant will be employable upon completion of the training in

                                  93

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  the area of the state where the applicant expressed a

  2  willingness to work.

  3         5.  The training course or school must be approved by

  4  the Department of Education or other official government

  5  approving agency within the state where the training is being

  6  conducted.

  7         6.  The agency division may approve training programs

  8  established under s. 302 of the Job Training Partnership Act

  9  for claimants who are dislocated workers.

10         (c)  "Authorized training institution" means a

11  vocational, technical, Job Training Partnership Act, or

12  vocational-directed basic education program or training

13  institution approved by the division to provide authorized

14  training to individuals participating in the Florida Training

15  Investment Program.

16         (3)  LIMITATIONS ON BENEFITS.--Applications will be

17  accepted and considered each fiscal year until all annual

18  funds have been obligated by the agency division, at which

19  point no further applications will be accepted or considered

20  until the following fiscal year. The total amount of benefits

21  payable statewide under this section shall not exceed $16.5

22  million per fiscal year.

23         (4)  ELIGIBILITY CRITERIA.--

24         (b)  The applicant must also:

25         1.  Complete such forms as required by the agency

26  division. The forms promulgated by the agency division are

27  exempt from the requirements of chapter 120.

28         2.  Attend all classes for each week of benefits

29  claimed. Absences from class shall result in the ineligibility

30  for benefits for the week in which the absence occurs unless

31  the authorized training institution excuses the absence for

                                  94

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  good cause as determined by the authorized training

  2  institution.

  3         3.  Maintain satisfactory progress in the authorized

  4  training program, as determined by the authorized training

  5  institution.

  6         4.  Certify, on forms approved by the agency division,

  7  that the claimant attended all classes during the week of

  8  training being claimed or that the claimant was on an approved

  9  break. Upon request by the claimant, the authorized training

10  institution shall certify attendance and performance. The

11  claimant shall be responsible for timely furnishing the agency

12  division with the required certifications.

13         5.  Possess the qualifications or aptitude required to

14  successfully complete the selected training program.

15         6.  Be a resident of Florida.

16         (g)  The training sought by an applicant relates to an

17  occupation or skill for which there are or are expected to be

18  in the immediate future reasonable opportunities for

19  employment in a labor market area of this state where the

20  applicant expresses an intention or willingness to seek work.

21  The training must also be planned and scheduled so as to lead

22  to the earliest feasible completion and readiness for

23  employment or reemployment.

24         (h)  That reasonable employment opportunities in

25  occupations for which the claimant is qualified either do not

26  exist or have been substantially diminished in the labor

27  market area making a change in occupation necessary for

28  reemployment in the labor market area. If the applicant has a

29  skill in an occupation with an average wage that is the same

30  or more that the average wage of the occupation from which the

31  applicant is displaced, that applicant will not be eligible

                                  95

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  for benefits if there are reasonable employment opportunities

  2  in the local labor market. The agency division may use labor

  3  market projections, in conjunction with local job information

  4  data, to make a determination of the existence of a reasonable

  5  employment opportunity for an occupation.

  6         (6)  PROCEDURE.--

  7         (b)  Upon approval of an application the agency

  8  division shall notify both the applicant and the training

  9  institution by mail of the applicant's status under this

10  section and shall request the training institution to promptly

11  notify the regular claims reporting office in writing if the

12  participant's attendance or progress should become

13  unsatisfactory.

14         (c)  The agency division is required to notify

15  applicants of the determination of eligibility by mail at the

16  claimant's last known address. In addition to the initial

17  approval or denial of the applicant, the agency division shall

18  make any further determinations pursuant to s. 443.151(3) and

19  rules 38B-3.016 and 38B-3.017, Florida Administrative Code.

20         (d)  A determination or redetermination will become

21  final unless the claimant files by mail or in person at a

22  one-stop career center the local jobs and benefits office, an

23  appeal of a determination or redetermination within 20

24  calendar days after the mailing of the Notice of Determination

25  or Redetermination to the claimant's last known address, or if

26  such notice is not mailed, within 20 calendar days after the

27  date of delivery of such notice. Appeals by mail shall be

28  considered filed when postmarked by the United States Postal

29  Service.

30         Section 72.  Subsection (3) of section 447.02, Florida

31  Statutes, is amended to read:

                                  96

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         447.02  Definitions.--The following terms, when used in

  2  this chapter, shall have the meanings ascribed to them in this

  3  section:

  4         (3)  The term "department" "division" means the

  5  Division of Jobs and Benefits of the Bureau of Workplace

  6  Regulation of the Division of Workers' Compensation of the

  7  Department of Insurance Labor and Employment Security.

  8         Section 73.  Subsections (2), (3), and (4) of section

  9  447.04, Florida Statutes, are amended to read:

10         447.04  Business agents; licenses, permits.--

11         (2)(a)  Every person desiring to act as a business

12  agent in this state shall, before doing so, obtain a license

13  or permit by filing an application under oath therefor with

14  the Division of Jobs and Benefits of the department of Labor

15  and Employment Security, accompanied by a fee of $25 and a

16  full set of fingerprints of the applicant taken by a law

17  enforcement agency qualified to take fingerprints.  There

18  shall accompany the application a statement signed by the

19  president and the secretary of the labor organization for

20  which he or she proposes to act as agent, showing his or her

21  authority to do so. The department division shall hold such

22  application on file for a period of 30 days, during which time

23  any person may file objections to the issuing of such license

24  or permit.

25         (b)  The department division may also conduct an

26  independent investigation of the applicant; and, if objections

27  are filed, it may hold, or cause to be held, a hearing in

28  accordance with the requirements of chapter 120.  The

29  objectors and the applicant shall be permitted to attend such

30  hearing and present evidence.

31         (3)  After the expiration of the 30-day period,

                                  97

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  regardless of whether or not any objections have been filed,

  2  the department division shall review the application, together

  3  with all information that it may have, including, but not

  4  limited to, any objections that may have been filed to such

  5  application, any information that may have been obtained

  6  pursuant to an independent investigation, and the results of

  7  any hearing on the application. If the department division,

  8  from a review of the information, finds that the applicant is

  9  qualified, pursuant to the terms of this chapter, it shall

10  issue such license or permit; and such license or permit shall

11  run for the calendar year for which issued, unless sooner

12  surrendered, suspended, or revoked.

13         (4)  Licenses and permits shall expire at midnight,

14  December 31, but may be renewed by the department division on

15  a form prescribed by it; however, if any such license or

16  permit has been surrendered, suspended, or revoked during the

17  year, then such applicant must go through the same formalities

18  as a new applicant.

19         Section 74.  Section 447.041, Florida Statutes, is

20  amended to read:

21         447.041  Hearings.--

22         (1)  Any person or labor organization denied a license,

23  permit, or registration shall be afforded the opportunity for

24  a hearing by the department division in accordance with the

25  requirements of chapter 120.

26         (2)  The department division may, pursuant to the

27  requirements of chapter 120, suspend or revoke the license or

28  permit of any business agent or the registration of any labor

29  organization for the violation of any provision of this

30  chapter.

31         Section 75.  Section 447.045, Florida Statutes, is

                                  98

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  amended to read:

  2         447.045  Information confidential.--Neither the

  3  department division nor any investigator or employee of the

  4  department division shall divulge in any manner the

  5  information obtained pursuant to the processing of applicant

  6  fingerprint cards, and such information is confidential and

  7  exempt from the provisions of s. 119.07(1).

  8         Section 76.  Section 447.06, Florida Statutes, is

  9  amended to read:

10         447.06  Registration of labor organizations required.--

11         (1)  Every labor organization operating in the state

12  shall make a report under oath, in writing, to the Division of

13  Jobs and Benefits of the department of Labor and Employment

14  Security annually, on or before December 31. Such report shall

15  be filed by the secretary or business agent of such labor

16  organization, shall be in such form as the department

17  prescribes division may prescribe, and shall show the

18  following facts:

19         (a)  The name of the labor organization;

20         (b)  The location of its office; and

21         (c)  The name and address of the president, secretary,

22  treasurer, and business agent.

23         (2)  At the time of filing such report, it shall be the

24  duty of every such labor organization to pay the department

25  division an annual fee therefor in the sum of $1.

26         Section 77.  Section 447.12, Florida Statutes, is

27  amended to read:

28         447.12  Fees for registration.--All fees collected by

29  the Division of Jobs and Benefits of the department under this

30  part of Labor and Employment Security hereunder shall be paid

31  to the Treasurer and credited to the General Revenue Fund.

                                  99

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         Section 78.  Section 447.16, Florida Statutes, is

  2  amended to read:

  3         447.16  Applicability of chapter when effective.--Any

  4  labor business agent licensed on July 1, 1965, may renew such

  5  license each year on forms provided by the Division of Jobs

  6  and Benefits of the department of Labor and Employment

  7  Security without submitting fingerprints so long as such

  8  license or permit has not expired or has not been surrendered,

  9  suspended, or revoked.  The fingerprinting requirements of

10  this act shall become effective for a new applicant for a

11  labor business agent license immediately upon this act

12  becoming a law.

13         Section 79.  Paragraph (a) of subsection (13) of

14  section 447.203, Florida Statutes, is amended to read:

15         447.203  Definitions.--As used in this part:

16         (13)  "Professional employee" means:

17         (a)  Any employee engaged in work requiring advanced

18  knowledge in a field of science or learning customarily

19  acquired by a prolonged course of specialized intellectual

20  instruction and study in an institution of higher learning or

21  a hospital, as distinguished from a general academic

22  education, an apprenticeship, or training in the performance

23  of routine mental or physical processes and in any two or more

24  of the following categories:

25         1.  Work predominantly intellectual and varied in

26  character as opposed to routine mental, manual, mechanical, or

27  physical work;

28         2.  Work involving the consistent exercise of

29  discretion and judgment in its performance; and

30         3.  Work of such a character that the output produced

31  or the result accomplished cannot be standardized in relation

                                 100

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  to a given period of time.; and

  2         4.  Work requiring advanced knowledge in a field of

  3  science or learning customarily acquired by a prolonged course

  4  of specialized intellectual instruction and study in an

  5  institution of higher learning or a hospital, as distinguished

  6  from a general academic education, an apprenticeship, or

  7  training in the performance of routine mental or physical

  8  processes.

  9         Section 80.  Effective October 1, 2000, subsections

10  (1), (3), and (4) of section 447.205, Florida Statutes, are

11  amended to read:

12         447.205  Public Employees Relations Commission.--

13         (1)  There is hereby created within the Department of

14  Management Services Labor and Employment Security the Public

15  Employees Relations Commission, hereinafter referred to as the

16  "commission."  The commission shall be composed of a chair and

17  two full-time members to be appointed by the Governor, subject

18  to confirmation by the Senate, from persons representative of

19  the public and known for their objective and independent

20  judgment, who shall not be employed by, or hold any commission

21  with, any governmental unit in the state or any employee

22  organization, as defined in this part, while in such office.

23  In no event shall more than one appointee be a person who, on

24  account of previous vocation, employment, or affiliation, is,

25  or has been, classified as a representative of employers; and

26  in no event shall more than one such appointee be a person

27  who, on account of previous vocation, employment, or

28  affiliation, is, or has been, classified as a representative

29  of employees or employee organizations.  The commissioners

30  shall devote full time to commission duties and shall not

31  engage in any other business, vocation, or employment while in

                                 101

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  such office. Beginning January 1, 1980, the chair shall be

  2  appointed for a term of 4 years, one commissioner for a term

  3  of 1 year, and one commissioner for a term of 2 years.

  4  Thereafter, Every term of office shall be for 4 years; and

  5  each term of the office of chair shall commence on January 1

  6  of the second year following each regularly scheduled general

  7  election at which a Governor is elected to a full term of

  8  office.  In the event of a vacancy prior to the expiration of

  9  a term of office, an appointment shall be made for the

10  unexpired term of that office. The chair shall be responsible

11  for the administrative functions of the commission and shall

12  have the authority to employ such personnel as may be

13  necessary to carry out the provisions of this part.  Once

14  appointed to the office of chair, the chair shall serve as

15  chair for the duration of the term of office of chair.

16  Nothing contained herein prohibits a chair or commissioner

17  from serving multiple terms.

18         (3)  The commission, in the performance of its powers

19  and duties under this part, shall not be subject to control,

20  supervision, or direction by the Department of Management

21  Services Labor and Employment Security.

22         (4)  The property, personnel, and appropriations

23  related to the commission's specified authority, powers,

24  duties, and responsibilities shall be provided to the

25  commission by the Department of Management Services Labor and

26  Employment Security.

27         Section 81.  Subsections (1) and (3) of section

28  447.208, Florida Statutes, are amended to read:

29         447.208  Procedure with respect to certain appeals

30  under s. 447.207.--

31         (1)  Any person filing an appeal, charge, or petition

                                 102

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  pursuant to subsection (6), subsection (8), or subsection (9)

  2  of s. 447.207 shall be entitled to a hearing pursuant to

  3  subsections (4) and (5) of s. 447.503 and in accordance with

  4  chapter 120; however, the hearing shall be conducted within 30

  5  days of the filing of an appeal with the commission, unless an

  6  extension of time is granted by the commission for good cause

  7  or unless the basis for the appeal is an allegation of abuse

  8  or neglect under s. 415.1075, in which case the hearing by the

  9  Public Employees Relations Commission may not be held until

10  the confirmed report of abuse or neglect has been upheld

11  pursuant to the procedures for appeal in s. 415.1075.

12  Discovery may be granted only upon a showing of extraordinary

13  circumstances. A party requesting discovery shall demonstrate

14  a substantial need for the information requested and an

15  inability to obtain relevant information by other means.  To

16  the extent that chapter 120 is inconsistent with these

17  provisions, the procedures contained in this section shall

18  govern.

19         (3)  With respect to career service appeal hearings

20  relating to demotions, suspensions, or dismissals pursuant to

21  the provisions of this section:

22         (a)  Upon a finding that just cause existed for the

23  demotion, suspension, or dismissal, the commission shall

24  affirm the demotion, suspension, or dismissal.

25         (b)  Upon a finding that just cause did not exist for

26  the demotion, suspension, or dismissal, the commission may

27  order the reinstatement of the employee, with or without back

28  pay.

29         (c)  Upon a finding that just cause for disciplinary

30  action existed, but did not justify the severity of the action

31  taken, the commission may, in its limited discretion, reduce

                                 103

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  the penalty.

  2         (d)  The commission is limited in its discretionary

  3  reduction of dismissals and suspensions to consider only the

  4  following circumstances:

  5         1.  The seriousness of the conduct as it relates to the

  6  employee's duties and responsibilities.

  7         2.  Action taken with respect to similar conduct by

  8  other employees.

  9         3.  The previous employment record and disciplinary

10  record of the employee.

11         4.  Extraordinary circumstances beyond the employee's

12  control which temporarily diminished the employee's capacity

13  to effectively perform his or her duties or which

14  substantially contributed to the violation for which

15  punishment is being considered.

16

17  The agency may present evidence to refute the existence of

18  these circumstances.

19         (e)  Any order of the commission issued pursuant to

20  this subsection may include back pay, if applicable, and an

21  amount, to be determined by the commission and paid by the

22  agency, for reasonable attorney's fees, witness fees, and

23  other out-of-pocket expenses incurred during the prosecution

24  of an appeal against an agency in which the commission

25  sustains the employee. In determining the amount of an

26  attorney's fee, the commission shall consider only the number

27  of hours reasonably spent on the appeal, comparing the number

28  of hours spent on similar Career Service System appeals and

29  the reasonable hourly rate charged in the geographic area for

30  similar appeals, but not including litigation over the amount

31  of the attorney's fee. This paragraph applies to future and

                                 104

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  pending cases.

  2         Section 82.  Subsection (4) of section 447.305, Florida

  3  Statutes, is amended to read:

  4         447.305  Registration of employee organization.--

  5         (4)  Notification of registrations and renewals of

  6  registration shall be furnished at regular intervals by the

  7  commission to the Bureau of Workplace Regulation of the

  8  Division of Workers' Compensation Division of Jobs and

  9  Benefits of the Department of Insurance Labor and Employment

10  Security.

11         Section 83.  Paragraph (b) of subsection (3) of section

12  447.307, Florida Statutes, is amended to read:

13         447.307  Certification of employee organization.--

14         (3)

15         (b)  When an employee organization is selected by a

16  majority of the employees voting in an election, the

17  commission shall certify the employee organization as the

18  exclusive collective bargaining representative of all

19  employees in the unit. Certification is effective upon the

20  issuance of the final order by the commission or, if the final

21  order is appealed, at the time the appeal is exhausted or any

22  stay is vacated by the commission or the court. A party may

23  petition the commission, pursuant to its established

24  procedures, to modify an existing certification due to changed

25  circumstances, an inadvertent mistake by the commission in the

26  original bargaining unit description, or newly created or

27  deleted jobs, or to recognize a name change of the employee

28  organization.

29         Section 84.  Paragraph (a) of subsection (5) of section

30  447.503, Florida Statutes, is amended to read:

31         447.503  Charges of unfair labor practices.--It is the

                                 105

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  intent of the Legislature that the commission act as

  2  expeditiously as possible to settle disputes regarding alleged

  3  unfair labor practices.  To this end, violations of the

  4  provisions of s. 447.501 shall be remedied by the commission

  5  in accordance with the following procedures and in accordance

  6  with chapter 120; however, to the extent that chapter 120 is

  7  inconsistent with the provisions of this section, the

  8  procedures contained in this section shall govern:

  9         (5)  Whenever the proceeding involves a disputed issue

10  of material fact and an evidentiary hearing is to be

11  conducted:

12         (a)  The commission shall issue and serve upon all

13  parties a notice of hearing before an assigned hearing officer

14  at a time and place specified therein.  Such notice shall be

15  issued at least 14 days prior to the scheduled hearing. If a

16  party fails to appear for the hearing, the hearing officer

17  shall, after waiting a reasonable time, open the record, note

18  the nonappearance, and close the hearing. Thereafter, the

19  hearing may be reconvened only if the party establishes that

20  the failure to appear was due to circumstances beyond his or

21  her control.

22         Section 85.  Subsection (4) of section 447.504, Florida

23  Statutes, is amended to read:

24         447.504  Judicial review.--

25         (4)  The commencement of proceedings under this section

26  shall not, unless specifically ordered by the district court

27  of appeal, operate as a stay of the commission's order.

28  However, the commission may stay determination of the amount

29  of back pay, benefits, or attorney's fees until the court

30  decides the appeal.

31         Section 86.  Effective October 1, 2000, all powers,

                                 106

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  duties, functions, rules, records, personnel, property, and

  2  unexpended balances of appropriations, allocations, and other

  3  funds of the Public Employees Relations Commission relating to

  4  the commission's specified authority, powers, duties, and

  5  responsibilities are transferred by a type two transfer, as

  6  defined in section 20.06, Florida Statutes, to the Department

  7  of Management Services.

  8         Section 87.  Subsection (4) of section 450.012, Florida

  9  Statutes, is amended to read:

10         450.012  Definitions.--For the purpose of this chapter,

11  the word, phrase, or term:

12         (4)  "Department" "Division" means the Bureau of

13  Workplace Regulation of the Division of Workers' Compensation

14  Division of Jobs and Benefits of the Department of Insurance

15  Labor and Employment Security.

16         Section 88.  Subsection (3) of section 450.061, Florida

17  Statutes, is amended to read:

18         450.061  Hazardous occupations prohibited;

19  exemptions.--

20         (3)  No minor under 18 years of age, whether such

21  person's disabilities of nonage have been removed by marriage

22  or otherwise, shall be employed or permitted or suffered to

23  work in any place of employment or at any occupation hazardous

24  or injurious to the life, health, safety, or welfare of such

25  minor, as such places of employment or occupations may be

26  determined and declared by the Division of Jobs and Benefits

27  of the department of Labor and Employment Security to be

28  hazardous and injurious to the life, health, safety, or

29  welfare of such minor.

30         Section 89.  Paragraph (c) of subsection (5) of section

31  450.081, Florida Statutes, is amended to read:

                                 107

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         450.081  Hours of work in certain occupations.--

  2         (5)  The provisions of subsections (1) through (4)

  3  shall not apply to:

  4         (c)  Minors enrolled in a public educational

  5  institution who qualify on a hardship basis such as economic

  6  necessity or family emergency.  Such determination shall be

  7  made by the school superintendent or his or her designee, and

  8  a waiver of hours shall be issued to the minor and the

  9  employer. The form and contents thereof shall be prescribed by

10  the department division.

11         Section 90.  Section 450.095, Florida Statutes, is

12  amended to read:

13         450.095  Waivers.--In extenuating circumstances when it

14  clearly appears to be in the best interest of the child, the

15  department division may grant a waiver of the restrictions

16  imposed by the Child Labor Law on the employment of a child.

17  Such waivers shall be granted upon a case-by-case basis and

18  shall be based upon such factors as the department division,

19  by rule, establishes as determinative of whether such waiver

20  is in the best interest of a child.

21         Section 91.  Subsections (1), (2), and (5) of section

22  450.121, Florida Statutes, are amended to read:

23         450.121  Enforcement of Child Labor Law.--

24         (1)  The department Division of Jobs and Benefits shall

25  administer this chapter.  It shall employ such help as is

26  necessary to effectuate the purposes of this chapter. Other

27  agencies of the state may cooperate with the department

28  division in the administration and enforcement of this part.

29  To accomplish this joint, cooperative effort, the department

30  division may enter into intergovernmental agreements with

31  other agencies of the state whereby the other agencies may

                                 108

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  assist the department division in the administration and

  2  enforcement of this part.  Any action taken by an agency

  3  pursuant to an intergovernmental agreement entered into

  4  pursuant to this section shall be considered to have been

  5  taken by the department division.

  6         (2)  It is the duty of the department division and its

  7  agents and all sheriffs or other law enforcement officers of

  8  the state or of any municipality of the state to enforce the

  9  provisions of this law, to make complaints against persons

10  violating its provisions, and to prosecute violations of the

11  same. The department division and its agents have authority to

12  enter and inspect at any time any place or establishment

13  covered by this law and to have access to age certificates

14  kept on file by the employer and such other records as may aid

15  in the enforcement of this law. A designated school

16  representative acting in accordance with s. 232.17 shall

17  report to the department division all violations of the Child

18  Labor Law that may come to his or her knowledge.

19         (5)  The department division may adopt rules:

20         (a)  Defining words, phrases, or terms used in the

21  child labor rule or in this part, as long as the word, phrase,

22  or term is not a word, phrase, or term defined in s. 450.012.

23         (b)  Prescribing additional documents that may be used

24  to prove the age of a minor and the procedure to be followed

25  before a person who claims his or her disability of nonage has

26  been removed by a court of competent jurisdiction may be

27  employed.

28         (c)  Requiring certain safety equipment and a safe

29  workplace environment for employees who are minors.

30         (d)  Prescribing the deadlines applicable to a response

31  to a request for records under subsection (2).

                                 109

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (e)  Providing an official address from which child

  2  labor forms, rules, laws, and posters may be requested and

  3  prescribing the forms to be used in connection with this part.

  4         Section 92.  Subsections (1), (2), (3), (4), and (5) of

  5  section 450.132, Florida Statutes, are amended to read:

  6         450.132  Employment of children by the entertainment

  7  industry; rules; procedures.--

  8         (1)  Children within the protection of our child labor

  9  statutes may, notwithstanding such statutes, be employed by

10  the entertainment industry in the production of motion

11  pictures, legitimate plays, television shows, still

12  photography, recording, publicity, musical and live

13  performances, circuses, and rodeos, in any work not determined

14  by the department Division of Jobs and Benefits to be

15  hazardous, or detrimental to their health, morals, education,

16  or welfare.

17         (2)  The department Division of Jobs and Benefits

18  shall, as soon as convenient, and after such investigation as

19  to the department division may seem necessary or advisable,

20  determine what work in connection with the entertainment

21  industry is not hazardous or detrimental to the health,

22  morals, education, or welfare of minors within the purview and

23  protection of our child labor laws. When so adopted, such

24  rules shall have the force and effect of law in this state.

25         (3)  Entertainment industry employers or agents wishing

26  to qualify for the employment of minors in work not hazardous

27  or detrimental to their health, morals, or education shall

28  make application to the department division for a permit

29  qualifying them to employ minors in the entertainment

30  industry. The form and contents thereof shall be prescribed by

31  the department division.

                                 110

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (4)  Any duly qualified entertainment industry employer

  2  may employ any minor.  However, if any entertainment industry

  3  employer employing a minor causes, permits, or suffers such

  4  minor to be placed under conditions which are dangerous to the

  5  life or limb or injurious or detrimental to the health or

  6  morals or education of the minor, the right of that

  7  entertainment industry employer and its representatives and

  8  agents to employ minors as provided herein shall stand

  9  revoked, unless otherwise ordered by the department division,

10  and the person responsible for such unlawful employment is

11  guilty of a misdemeanor of the second degree, punishable as

12  provided in s. 775.082 or s. 775.083.

13         (5)  Any entertainment industry employer and its agents

14  employing minors hereunder are required to notify the

15  department division, showing the date of the commencement of

16  work, the number of days worked, the location of the work, and

17  the date of termination.

18         Section 93.  Subsections (2) and (3) of section

19  450.141, Florida Statutes, are amended to read:

20         450.141  Employing minor children in violation of law;

21  penalties.--

22         (2)  Any person, firm, corporation, or governmental

23  agency, or agent thereof, that has employed minors in

24  violation of this part, or any rule adopted pursuant thereto,

25  may be subject by the department division to fines not to

26  exceed $2,500 per offense.  The department division shall

27  adopt, by rule, disciplinary guidelines specifying a

28  meaningful range of designated penalties based upon the

29  severity and repetition of the offenses, and which distinguish

30  minor violations from those which endanger a minor's health

31  and safety.

                                 111

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (3)  If the department division has reasonable grounds

  2  for believing there has been a violation of this part or any

  3  rule adopted pursuant thereto, it shall give written notice to

  4  the person alleged to be in violation.  Such notice shall

  5  include the provision or rule alleged to be violated, the

  6  facts alleged to constitute such violation, and requirements

  7  for remedial action within a time specified in the notice.  No

  8  fine may be levied unless the person alleged to be in

  9  violation fails to take remedial action within the time

10  specified in the notice.

11         Section 94.  Paragraph (j) of subsection (1) of section

12  450.191, Florida Statutes, is amended to read:

13         450.191  Executive Office of the Governor; powers and

14  duties.--

15         (1)  The Executive Office of the Governor is authorized

16  and directed to:

17         (j)  Cooperate with the regional workforce boards and

18  one-stop career centers farm labor office of the Florida State

19  Employment Service in the recruitment and referral of migrant

20  laborers and other persons for the planting, cultivation, and

21  harvesting of agricultural crops in Florida.

22         Section 95.  Subsection (2) of section 450.28, Florida

23  Statutes, is amended to read:

24         450.28  Definitions.--

25         (2)  "Department" "Division" means the Bureau of

26  Workplace Regulation of the Division of Workers' Compensation

27  Jobs and Benefits of the Department of Insurance Labor and

28  Employment Security.

29         Section 96.  Section 450.30, Florida Statutes, is

30  amended to read:

31         450.30  Requirement of certificate of registration;

                                 112

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  education and examination program.--

  2         (1)  No person may act as a farm labor contractor until

  3  a certificate of registration has been issued to him or her by

  4  the department division and unless such certificate is in full

  5  force and effect and is in his or her possession.

  6         (2)  No certificate of registration may be transferred

  7  or assigned.

  8         (3)  Unless sooner revoked, each certificate of

  9  registration, regardless of the date of issuance, shall be

10  renewed on the last day of the birth month following the date

11  of issuance and, thereafter, each year on the last day of the

12  birth month of the registrant. The date of incorporation shall

13  be used in lieu of birthdate for registrants that are

14  corporations. Applications for certificates of registration

15  and renewal thereof shall be on a form prescribed by the

16  department division.

17         (4)  The department division shall provide a program of

18  education and examination for applicants under this part.  The

19  program may be provided by the department division or through

20  a contracted agent.  The program shall be designed to ensure

21  the competency of those persons to whom the department

22  division issues certificates of registration.

23         (5)  The department division shall require each

24  applicant to demonstrate competence by a written or oral

25  examination in the language of the applicant, evidencing that

26  he or she is knowledgeable concerning the duties and

27  responsibilities of a farm labor contractor.  The examination

28  shall be prepared, administered, and evaluated by the

29  department division or through a contracted agent.

30         (6)  The department division shall require an applicant

31  for renewal of a certificate of registration to retake the

                                 113

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  examination only if:

  2         (a)  During the prior certification period, the

  3  division issued a final order assessing a civil monetary

  4  penalty or revoked or refused to renew or issue a certificate

  5  of registration; or

  6         (b)  The department division determines that new

  7  requirements related to the duties and responsibilities of a

  8  farm labor contractor necessitate a new examination.

  9         (7)  The department division shall charge each

10  applicant a $35 fee for the education and examination program.

11  Such fees shall be deposited in the Crew Chief Registration

12  Trust Fund.

13         (8)  The department division may adopt rules

14  prescribing the procedures to be followed to register as a

15  farm labor contractor.

16         Section 97.  Subsections (1), (2), and (4) of section

17  450.31, Florida Statutes, are amended to read:

18         450.31  Issuance, revocation, and suspension of, and

19  refusal to issue or renew, certificate of registration.--

20         (1)  The department division shall not issue to any

21  person a certificate of registration as a farm labor

22  contractor, nor shall it renew such certificate, until:

23         (a)  Such person has executed a written application

24  therefor in a form and pursuant to regulations prescribed by

25  the department division and has submitted such information as

26  the department division may prescribe.

27         (b)  Such person has obtained and holds a valid federal

28  certificate of registration as a farm labor contractor, or a

29  farm labor contractor employee, unless exempt by federal law.

30         (c)  Such person pays to the department division, in

31  cash, certified check, or money order, a nonrefundable

                                 114

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  application fee of $75. Fees collected by the department

  2  division under this subsection shall be deposited in the State

  3  Treasury into the Crew Chief Registration Trust Fund, which is

  4  hereby created, and shall be utilized for administration of

  5  this part.

  6         (d)  Such person has successfully taken and passed the

  7  farm labor contractor examination.

  8         (2)  The department division may revoke, suspend, or

  9  refuse to renew any certificate of registration when it is

10  shown that the farm labor contractor has:

11         (a)  Violated or failed to comply with any provision of

12  this part or the rules adopted pursuant to s. 450.36.

13         (b)  Made any misrepresentation or false statement in

14  his or her application for a certificate of registration.

15         (c)  Given false or misleading information concerning

16  terms, conditions, or existence of employment to persons who

17  are recruited or hired to work on a farm.

18         (4)  The department division may refuse to issue or

19  renew, or may suspend or revoke, a certificate of registration

20  if the applicant or holder is not the real party in interest

21  in the application or certificate of registration and the real

22  party in interest is a person who has been refused issuance or

23  renewal of a certificate, has had a certificate suspended or

24  revoked, or does not qualify under this section for a

25  certificate.

26         Section 98.  Subsections (1), (4), (5), (6), (8), (9),

27  and (10) of section 450.33, Florida Statutes, are amended to

28  read:

29         450.33  Duties of farm labor contractor.--Every farm

30  labor contractor must:

31         (1)  Carry his or her certificate of registration with

                                 115

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  him or her at all times and exhibit it to all persons with

  2  whom the farm labor contractor intends to deal in his or her

  3  capacity as a farm labor contractor prior to so dealing and,

  4  upon request, to persons designated by the department

  5  division.

  6         (4)  Display prominently, at the site where the work is

  7  to be performed and on all vehicles used by the registrant for

  8  the transportation of employees, a single posting containing a

  9  written statement in English and in the language of the

10  majority of the non-English-speaking employees disclosing the

11  terms and conditions of employment in a form prescribed by the

12  department division or by the United States Department of

13  Labor for this purpose.

14         (5)  Take out a policy of insurance with any insurance

15  carrier which policy insures such registrant against liability

16  for damage to persons or property arising out of the operation

17  or ownership of any vehicle or vehicles for the transportation

18  of individuals in connection with his or her business,

19  activities, or operations as a farm labor contractor.  In no

20  event may the amount of such liability insurance be less than

21  that required by the provisions of the financial

22  responsibility law of this state. Any insurance carrier that

23  is licensed to operate in this state and that has issued a

24  policy of liability insurance to operate a vehicle used to

25  transport farm workers shall notify the department division

26  when it intends to cancel such policy.

27         (6)  Maintain such records as may be designated by the

28  department division.

29         (8)  File, within such time as the department division

30  may prescribe, a set of his or her fingerprints.

31         (9)  Produce evidence to the department division that

                                 116

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  each vehicle he or she uses for the transportation of

  2  employees complies with the requirements and specifications

  3  established in chapter 316, s. 316.620, or Pub. L. No. 93-518

  4  as amended by Pub. L. No. 97-470 meeting Department of

  5  Transportation requirements or, in lieu thereof, bears a valid

  6  inspection sticker showing that the vehicle has passed the

  7  inspection in the state in which the vehicle is registered.

  8         (10)  Comply with all applicable statutes, rules, and

  9  regulations of the United States and of the State of Florida

10  for the protection or benefit of labor, including, but not

11  limited to, those providing for wages, hours, fair labor

12  standards, social security, workers' compensation,

13  unemployment compensation, child labor, and transportation.

14  The department division shall not suspend or revoke a

15  certificate of registration pursuant to this subsection

16  unless:

17         (a)  A court or agency of competent jurisdiction

18  renders a judgment or other final decision that a violation of

19  one of the laws, rules, or regulations has occurred and, if

20  invoked, the appellate process is exhausted;

21         (b)  An administrative hearing pursuant to ss. 120.569

22  and 120.57 is held on the suspension or revocation and the

23  administrative law judge finds that a violation of one of the

24  laws, rules, or regulations has occurred and, if invoked, the

25  appellate process is exhausted; or

26         (c)  The holder of a certificate of registration

27  stipulates that a violation has occurred or defaults in the

28  administrative proceedings brought to suspend or revoke his or

29  her registration.

30         Section 99.  Section 450.35, Florida Statutes, is

31  amended to read:

                                 117

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         450.35  Certain contracts prohibited.--It is unlawful

  2  for any person to contract for the employment of farm workers

  3  with any farm labor contractor as defined in this act until

  4  the labor contractor displays to him or her a current

  5  certificate of registration issued by the department division

  6  pursuant to the requirements of this part.

  7         Section 100.  Section 450.36, Florida Statutes, is

  8  amended to read:

  9         450.36  Rules and regulations.--The department division

10  may adopt rules necessary to enforce and administer this part.

11         Section 101.  Section 450.37, Florida Statutes, is

12  amended to read:

13         450.37  Cooperation with federal agencies.--The

14  department division shall, whenever appropriate, cooperate

15  with any federal agency.

16         Section 102.  Subsections (2), (3), and (4) of section

17  450.38, Florida Statutes, are amended to read:

18         450.38  Enforcement of farm labor contractor laws.--

19         (2)  Any person who, on or after June 19, 1985, commits

20  a violation of this part or of any rule adopted thereunder may

21  be assessed a civil penalty of not more than $1,000 for each

22  such violation. Such assessed penalties shall be paid in cash,

23  certified check, or money order and shall be deposited into

24  the General Revenue Fund. The department division shall not

25  institute or maintain any administrative proceeding to assess

26  a civil penalty under this subsection when the violation is

27  the subject of a criminal indictment or information under this

28  section which results in a criminal penalty being imposed, or

29  of a criminal, civil, or administrative proceeding by the

30  United States government or an agency thereof which results in

31  a criminal or civil penalty being imposed. The department

                                 118

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  division may adopt rules prescribing the criteria to be used

  2  to determine the amount of the civil penalty and to provide

  3  notification to persons assessed a civil penalty under this

  4  section.

  5         (3)  Upon a complaint of the department division being

  6  filed in the circuit court of the county in which the farm

  7  labor contractor may be doing business, any farm labor

  8  contractor who fails to obtain a certificate of registration

  9  as required by this part may, in addition to such penalties,

10  be enjoined from engaging in any activity which requires the

11  farm labor contractor to possess a certificate of

12  registration.

13         (4)  For the purpose of any investigation or proceeding

14  conducted by the department division, the secretary of the

15  department or the secretary's designee shall have the power to

16  administer oaths, take depositions, make inspections when

17  authorized by statute, issue subpoenas which shall be

18  supported by affidavit, serve subpoenas and other process, and

19  compel the attendance of witnesses and the production of

20  books, papers, documents, and other evidence. The secretary of

21  the department or the secretary's designee shall exercise this

22  power on the secretary's own initiative.

23         Section 103.  (1)  In anticipation of its assumption of

24  responsibilities from the Department of Labor and Employment

25  Security relating to unemployment compensation, as provided in

26  this act, the Agency for Workforce Innovation shall prepare a

27  report with recommendations on the fiscal management of funds

28  under the Unemployment Compensation Trust Fund and any other

29  funds related to unemployment compensation activities

30  conducted under state or federal law. The report shall

31  include, but not be limited to, an analysis of options and

                                 119

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  recommendations for distributing unemployment compensation

  2  funds to units of state government with responsibilities under

  3  the unemployment compensation program and for allocating costs

  4  associated with such program and funds. The report and

  5  recommendations shall be submitted to the Governor, the

  6  President of the Senate, the Speaker of the House of

  7  Representatives, and members of the Labor and Employment

  8  Security Transition Team by January 1, 2001.

  9         (2)  This section shall take effect upon this act

10  becoming a law.

11         Section 104.  Notwithstanding any other provision of

12  law, any binding contract or interagency agreement existing on

13  or before January 1, 2001, between the Department of Labor and

14  Employment Security, or an entity or agent of the department,

15  and any other agency, entity, or person shall continue as a

16  binding contract or agreement for the remainder of the term of

17  such contract or agreement with the successor department,

18  agency, or entity responsible for the program, activity, or

19  functions relative to the contract or agreement.

20         Section 105.  Present subsection (3) of section 440.02,

21  Florida Statutes, is redesignated as subsection (4), a new

22  subsection (3) is added to that section and subsequent

23  subsections are redesignated, and subsections (11) and (13)

24  are amended to read:

25         440.02  Definitions.--When used in this chapter, unless

26  the context clearly requires otherwise, the following terms

27  shall have the following meanings:

28         (3)  "Agency" means the Agency for Health Care

29  Administration.

30         (11)  "Department" means the Department of Insurance

31  Labor and Employment Security.

                                 120

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (13)  "Division" means the Division of Workers'

  2  Compensation of the Department of Insurance Labor and

  3  Employment Security.

  4         Section 106.  Subsections (3), (4), (5), (6), (7), (8),

  5  (9), (11), (12), and (13) of section 440.13, Florida Statutes,

  6  are amended to read:

  7         440.13  Medical services and supplies; penalty for

  8  violations; limitations.--

  9         (3)  PROVIDER ELIGIBILITY; AUTHORIZATION.--

10         (a)  As a condition to eligibility for payment under

11  this chapter, a health care provider who renders services must

12  be a certified health care provider and must receive

13  authorization from the carrier before providing treatment.

14  This paragraph does not apply to emergency care. The agency

15  division shall adopt rules to implement the certification of

16  health care providers. As a one-time prerequisite to obtaining

17  certification, the agency division shall require each

18  physician to demonstrate proof of completion of a minimum

19  5-hour course that covers the subject areas of cost

20  containment, utilization control, ergonomics, and the practice

21  parameters adopted by the agency division governing the

22  physician's field of practice. The agency division shall

23  coordinate with the Agency for Health Care Administration, the

24  Florida Medical Association, the Florida Osteopathic Medical

25  Association, the Florida Chiropractic Association, the Florida

26  Podiatric Medical Association, the Florida Optometric

27  Association, the Florida Dental Association, and other health

28  professional organizations and their respective boards as

29  deemed necessary by the agency Agency for Health Care

30  Administration in complying with this subsection. No later

31  than October 1, 1994, the agency division shall adopt rules

                                 121

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  regarding the criteria and procedures for approval of courses

  2  and the filing of proof of completion by the physicians.

  3         (b)  A health care provider who renders emergency care

  4  must notify the carrier by the close of the third business day

  5  after it has rendered such care. If the emergency care results

  6  in admission of the employee to a health care facility, the

  7  health care provider must notify the carrier by telephone

  8  within 24 hours after initial treatment. Emergency care is not

  9  compensable under this chapter unless the injury requiring

10  emergency care arose as a result of a work-related accident.

11  Pursuant to chapter 395, all licensed physicians and health

12  care providers in this state shall be required to make their

13  services available for emergency treatment of any employee

14  eligible for workers' compensation benefits. To refuse to make

15  such treatment available is cause for revocation of a license.

16         (c)  A health care provider may not refer the employee

17  to another health care provider, diagnostic facility, therapy

18  center, or other facility without prior authorization from the

19  carrier, except when emergency care is rendered. Any referral

20  must be to a health care provider that has been certified by

21  the agency division, unless the referral is for emergency

22  treatment.

23         (d)  A carrier must respond, by telephone or in

24  writing, to a request for authorization by the close of the

25  third business day after receipt of the request. A carrier who

26  fails to respond to a written request for authorization for

27  referral for medical treatment by the close of the third

28  business day after receipt of the request consents to the

29  medical necessity for such treatment. All such requests must

30  be made to the carrier. Notice to the carrier does not include

31  notice to the employer.

                                 122

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (e)  Carriers shall adopt procedures for receiving,

  2  reviewing, documenting, and responding to requests for

  3  authorization. Such procedures shall be for a health care

  4  provider certified under this section.

  5         (f)  By accepting payment under this chapter for

  6  treatment rendered to an injured employee, a health care

  7  provider consents to the jurisdiction of the agency division

  8  as set forth in subsection (11) and to the submission of all

  9  records and other information concerning such treatment to the

10  agency division in connection with a reimbursement dispute,

11  audit, or review as provided by this section. The health care

12  provider must further agree to comply with any decision of the

13  agency division rendered under this section.

14         (g)  The employee is not liable for payment for medical

15  treatment or services provided pursuant to this section except

16  as otherwise provided in this section.

17         (h)  The provisions of s. 455.654 are applicable to

18  referrals among health care providers, as defined in

19  subsection (1), treating injured workers.

20         (i)  Notwithstanding paragraph (d), a claim for

21  specialist consultations, surgical operations,

22  physiotherapeutic or occupational therapy procedures, X-ray

23  examinations, or special diagnostic laboratory tests that cost

24  more than $1,000 and other specialty services that the agency

25  division identifies by rule is not valid and reimbursable

26  unless the services have been expressly authorized by the

27  carrier, or unless the carrier has failed to respond within 10

28  days to a written request for authorization, or unless

29  emergency care is required. The insurer shall not refuse to

30  authorize such consultation or procedure unless the health

31  care provider or facility is not authorized or certified or

                                 123

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  unless an expert medical advisor has determined that the

  2  consultation or procedure is not medically necessary or

  3  otherwise compensable under this chapter. Authorization of a

  4  treatment plan does not constitute express authorization for

  5  purposes of this section, except to the extent the carrier

  6  provides otherwise in its authorization procedures. This

  7  paragraph does not limit the carrier's obligation to identify

  8  and disallow overutilization or billing errors.

  9         (j)  Notwithstanding anything in this chapter to the

10  contrary, a sick or injured employee shall be entitled, at all

11  times, to free, full, and absolute choice in the selection of

12  the pharmacy or pharmacist dispensing and filling

13  prescriptions for medicines required under this chapter. It is

14  expressly forbidden for the agency division, an employer, or a

15  carrier, or any agent or representative of the agency

16  division, an employer, or a carrier to select the pharmacy or

17  pharmacist which the sick or injured employee must use;

18  condition coverage or payment on the basis of the pharmacy or

19  pharmacist utilized; or to otherwise interfere in the

20  selection by the sick or injured employee of a pharmacy or

21  pharmacist.

22         (4)  NOTICE OF TREATMENT TO CARRIER; FILING WITH AGENCY

23  DIVISION.--

24         (a)  Any health care provider providing necessary

25  remedial treatment, care, or attendance to any injured worker

26  shall submit treatment reports to the carrier in a format

27  prescribed by the agency division. A claim for medical or

28  surgical treatment is not valid or enforceable against such

29  employer or employee, unless, by the close of the third

30  business day following the first treatment, the physician

31  providing the treatment furnishes to the employer or carrier a

                                 124

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  preliminary notice of the injury and treatment on forms

  2  prescribed by the agency division and, within 15 days

  3  thereafter, furnishes to the employer or carrier a complete

  4  report, and subsequent thereto furnishes progress reports, if

  5  requested by the employer or insurance carrier, at intervals

  6  of not less than 3 weeks apart or at less frequent intervals

  7  if requested on forms prescribed by the agency division.

  8         (b)  Each medical report or bill obtained or received

  9  by the employer, the carrier, or the injured employee, or the

10  attorney for the employer, carrier, or injured employee, with

11  respect to the remedial treatment or care of the injured

12  employee, including any report of an examination, diagnosis,

13  or disability evaluation, must be filed with the Agency for

14  Health Care Administration Division of Workers' Compensation

15  pursuant to rules adopted by the agency division. The health

16  care provider shall also furnish to the injured employee or to

17  his or her attorney, on demand, a copy of his or her office

18  chart, records, and reports, and may charge the injured

19  employee an amount authorized by the agency division for the

20  copies. Each such health care provider shall provide to the

21  agency division any additional information about the remedial

22  treatment, care, and attendance that the agency division

23  reasonably requests.

24         (c)  It is the policy for the administration of the

25  workers' compensation system that there be reasonable access

26  to medical information by all parties to facilitate the

27  self-executing features of the law. Notwithstanding the

28  limitations in s. 455.667 and subject to the limitations in s.

29  381.004, upon the request of the employer, the carrier, or the

30  attorney for either of them, the medical records of an injured

31  employee must be furnished to those persons and the medical

                                 125

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  condition of the injured employee must be discussed with those

  2  persons, if the records and the discussions are restricted to

  3  conditions relating to the workplace injury. Any such

  4  discussions may be held before or after the filing of a claim

  5  without the knowledge, consent, or presence of any other party

  6  or his or her agent or representative. A health care provider

  7  who willfully refuses to provide medical records or to discuss

  8  the medical condition of the injured employee, after a

  9  reasonable request is made for such information pursuant to

10  this subsection, shall be subject by the agency division to

11  one or more of the penalties set forth in paragraph (8)(b).

12         (5)  INDEPENDENT MEDICAL EXAMINATIONS.--

13         (a)  In any dispute concerning overutilization, medical

14  benefits, compensability, or disability under this chapter,

15  the carrier or the employee may select an independent medical

16  examiner. The examiner may be a health care provider treating

17  or providing other care to the employee. An independent

18  medical examiner may not render an opinion outside his or her

19  area of expertise, as demonstrated by licensure and applicable

20  practice parameters.

21         (b)  Each party is bound by his or her selection of an

22  independent medical examiner and is entitled to an alternate

23  examiner only if:

24         1.  The examiner is not qualified to render an opinion

25  upon an aspect of the employee's illness or injury which is

26  material to the claim or petition for benefits;

27         2.  The examiner ceases to practice in the specialty

28  relevant to the employee's condition;

29         3.  The examiner is unavailable due to injury, death,

30  or relocation outside a reasonably accessible geographic area;

31  or

                                 126

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         4.  The parties agree to an alternate examiner.

  2

  3  Any party may request, or a judge of compensation claims may

  4  require, designation of an agency a division medical advisor

  5  as an independent medical examiner. The opinion of the

  6  advisors acting as examiners shall not be afforded the

  7  presumption set forth in paragraph (9)(c).

  8         (c)  The carrier may, at its election, contact the

  9  claimant directly to schedule a reasonable time for an

10  independent medical examination. The carrier must confirm the

11  scheduling agreement in writing within 5 days and notify

12  claimant's counsel, if any, at least 7 days before the date

13  upon which the independent medical examination is scheduled to

14  occur. An attorney representing a claimant is not authorized

15  to schedule independent medical evaluations under this

16  subsection.

17         (d)  If the employee fails to appear for the

18  independent medical examination without good cause and fails

19  to advise the physician at least 24 hours before the scheduled

20  date for the examination that he or she cannot appear, the

21  employee is barred from recovering compensation for any period

22  during which he or she has refused to submit to such

23  examination. Further, the employee shall reimburse the carrier

24  50 percent of the physician's cancellation or no-show fee

25  unless the carrier that schedules the examination fails to

26  timely provide to the employee a written confirmation of the

27  date of the examination pursuant to paragraph (c) which

28  includes an explanation of why he or she failed to appear. The

29  employee may appeal to a judge of compensation claims for

30  reimbursement when the carrier withholds payment in excess of

31  the authority granted by this section.

                                 127

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         (e)  No medical opinion other than the opinion of a

  2  medical advisor appointed by the judge of compensation claims

  3  or agency division, an independent medical examiner, or an

  4  authorized treating provider is admissible in proceedings

  5  before the judges of compensation claims.

  6         (f)  Attorney's fees incurred by an injured employee in

  7  connection with delay of or opposition to an independent

  8  medical examination, including, but not limited to, motions

  9  for protective orders, are not recoverable under this chapter.

10         (6)  UTILIZATION REVIEW.--Carriers shall review all

11  bills, invoices, and other claims for payment submitted by

12  health care providers in order to identify overutilization and

13  billing errors, and may hire peer review consultants or

14  conduct independent medical evaluations. Such consultants,

15  including peer review organizations, are immune from liability

16  in the execution of their functions under this subsection to

17  the extent provided in s. 766.101. If a carrier finds that

18  overutilization of medical services or a billing error has

19  occurred, it must disallow or adjust payment for such services

20  or error without order of a judge of compensation claims or

21  the agency division, if the carrier, in making its

22  determination, has complied with this section and rules

23  adopted by the agency division.

24         (7)  UTILIZATION AND REIMBURSEMENT DISPUTES.--

25         (a)  Any health care provider, carrier, or employer who

26  elects to contest the disallowance or adjustment of payment by

27  a carrier under subsection (6) must, within 30 days after

28  receipt of notice of disallowance or adjustment of payment,

29  petition the agency division to resolve the dispute. The

30  petitioner must serve a copy of the petition on the carrier

31  and on all affected parties by certified mail. The petition

                                 128

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  must be accompanied by all documents and records that support

  2  the allegations contained in the petition. Failure of a

  3  petitioner to submit such documentation to the agency division

  4  results in dismissal of the petition.

  5         (b)  The carrier must submit to the agency division

  6  within 10 days after receipt of the petition all documentation

  7  substantiating the carrier's disallowance or adjustment.

  8  Failure of the carrier to submit the requested documentation

  9  to the agency division within 10 days constitutes a waiver of

10  all objections to the petition.

11         (c)  Within 60 days after receipt of all documentation,

12  the agency division must provide to the petitioner, the

13  carrier, and the affected parties a written determination of

14  whether the carrier properly adjusted or disallowed payment.

15  The agency division must be guided by standards and policies

16  set forth in this chapter, including all applicable

17  reimbursement schedules, in rendering its determination.

18         (d)  If the agency division finds an improper

19  disallowance or improper adjustment of payment by an insurer,

20  the insurer shall reimburse the health care provider,

21  facility, insurer, or employer within 30 days, subject to the

22  penalties provided in this subsection.

23         (e)  The agency division shall adopt rules to carry out

24  this subsection. The rules may include provisions for

25  consolidating petitions filed by a petitioner and expanding

26  the timetable for rendering a determination upon a

27  consolidated petition.

28         (f)  Any carrier that engages in a pattern or practice

29  of arbitrarily or unreasonably disallowing or reducing

30  payments to health care providers may be subject to one or

31  more of the following penalties imposed by the agency

                                 129

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  division:

  2         1.  Repayment of the appropriate amount to the health

  3  care provider.

  4         2.  An administrative fine assessed by the agency

  5  division in an amount not to exceed $5,000 per instance of

  6  improperly disallowing or reducing payments.

  7         3.  Award of the health care provider's costs,

  8  including a reasonable attorney's fee, for prosecuting the

  9  petition.

10         (8)  PATTERN OR PRACTICE OF OVERUTILIZATION.--

11         (a)  Carriers must report to the agency division all

12  instances of overutilization including, but not limited to,

13  all instances in which the carrier disallows or adjusts

14  payment. The agency division shall determine whether a pattern

15  or practice of overutilization exists.

16         (b)  If the agency division determines that a health

17  care provider has engaged in a pattern or practice of

18  overutilization or a violation of this chapter or rules

19  adopted by the agency division, it may impose one or more of

20  the following penalties:

21         1.  An order of the agency division barring the

22  provider from payment under this chapter;

23         2.  Deauthorization of care under review;

24         3.  Denial of payment for care rendered in the future;

25         4.  Decertification of a health care provider certified

26  as an expert medical advisor under subsection (9) or of a

27  rehabilitation provider certified under s. 440.49;

28         5.  An administrative fine assessed by the agency

29  division in an amount not to exceed $5,000 per instance of

30  overutilization or violation; and

31         6.  Notification of and review by the appropriate

                                 130

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  licensing authority pursuant to s. 440.106(3).

  2         (9)  EXPERT MEDICAL ADVISORS.--

  3         (a)  The agency division shall certify expert medical

  4  advisors in each specialty to assist the agency division and

  5  the judges of compensation claims within the advisor's area of

  6  expertise as provided in this section. The agency division

  7  shall, in a manner prescribed by rule, in certifying,

  8  recertifying, or decertifying an expert medical advisor,

  9  consider the qualifications, training, impartiality, and

10  commitment of the health care provider to the provision of

11  quality medical care at a reasonable cost. As a prerequisite

12  for certification or recertification, the agency division

13  shall require, at a minimum, that an expert medical advisor

14  have specialized workers' compensation training or experience

15  under the workers' compensation system of this state and board

16  certification or board eligibility.

17         (b)  The agency division shall contract with or employ

18  expert medical advisors to provide peer review or medical

19  consultation to the agency division or to a judge of

20  compensation claims in connection with resolving disputes

21  relating to reimbursement, differing opinions of health care

22  providers, and health care and physician services rendered

23  under this chapter. Expert medical advisors contracting with

24  the agency division shall, as a term of such contract, agree

25  to provide consultation or services in accordance with the

26  timetables set forth in this chapter and to abide by rules

27  adopted by the agency division, including, but not limited to,

28  rules pertaining to procedures for review of the services

29  rendered by health care providers and preparation of reports

30  and recommendations for submission to the agency division.

31         (c)  If there is disagreement in the opinions of the

                                 131

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  health care providers, if two health care providers disagree

  2  on medical evidence supporting the employee's complaints or

  3  the need for additional medical treatment, or if two health

  4  care providers disagree that the employee is able to return to

  5  work, the agency division may, and the judge of compensation

  6  claims shall, upon his or her own motion or within 15 days

  7  after receipt of a written request by either the injured

  8  employee, the employer, or the carrier, order the injured

  9  employee to be evaluated by an expert medical advisor. The

10  opinion of the expert medical advisor is presumed to be

11  correct unless there is clear and convincing evidence to the

12  contrary as determined by the judge of compensation claims.

13  The expert medical advisor appointed to conduct the evaluation

14  shall have free and complete access to the medical records of

15  the employee. An employee who fails to report to and cooperate

16  with such evaluation forfeits entitlement to compensation

17  during the period of failure to report or cooperate.

18         (d)  The expert medical advisor must complete his or

19  her evaluation and issue his or her report to the agency

20  division or to the judge of compensation claims within 45 days

21  after receipt of all medical records. The expert medical

22  advisor must furnish a copy of the report to the carrier and

23  to the employee.

24         (e)  An expert medical advisor is not liable under any

25  theory of recovery for evaluations performed under this

26  section without a showing of fraud or malice. The protections

27  of s. 766.101 apply to any officer, employee, or agent of the

28  agency division and to any officer, employee, or agent of any

29  entity with which the agency division has contracted under

30  this subsection.

31         (f)  If the agency division or a judge of compensation

                                 132

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  claims determines that the services of a certified expert

  2  medical advisor are required to resolve a dispute under this

  3  section, the carrier must compensate the advisor for his or

  4  her time in accordance with a schedule adopted by the agency

  5  division. The agency division may assess a penalty not to

  6  exceed $500 against any carrier that fails to timely

  7  compensate an advisor in accordance with this section.

  8         (11)  AUDITS BY AGENCY DIVISION; JURISDICTION.--

  9         (a)  The Agency for Health Care Administration Division

10  of Workers' Compensation of the Department of Labor and

11  Employment Security may investigate health care providers to

12  determine whether providers are complying with this chapter

13  and with rules adopted by the agency division, whether the

14  providers are engaging in overutilization, and whether

15  providers are engaging in improper billing practices. If the

16  agency division finds that a health care provider has

17  improperly billed, overutilized, or failed to comply with

18  agency division rules or the requirements of this chapter it

19  must notify the provider of its findings and may determine

20  that the health care provider may not receive payment from the

21  carrier or may impose penalties as set forth in subsection (8)

22  or other sections of this chapter. If the health care provider

23  has received payment from a carrier for services that were

24  improperly billed or for overutilization, it must return those

25  payments to the carrier. The agency division may assess a

26  penalty not to exceed $500 for each overpayment that is not

27  refunded within 30 days after notification of overpayment by

28  the agency division or carrier.

29         (b)  The agency division shall monitor and audit

30  carriers to determine if medical bills are paid in accordance

31  with this section and agency division rules. Any employer, if

                                 133

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  self-insured, or carrier found by the agency division not to

  2  be within 90 percent compliance as to the payment of medical

  3  bills after July 1, 1994, must be assessed a fine not to

  4  exceed 1 percent of the prior year's assessment levied against

  5  such entity under s. 440.51 for every quarter in which the

  6  entity fails to attain 90-percent compliance. The agency

  7  division shall fine an employer or carrier, pursuant to rules

  8  adopted by the agency division, for each late payment of

  9  compensation that is below the minimum 90-percent performance

10  standard. Any carrier that is found to be not in compliance in

11  subsequent consecutive quarters must implement a medical-bill

12  review program approved by the agency division, and the

13  carrier is subject to disciplinary action by the Department of

14  Insurance.

15         (c)  The agency division has exclusive jurisdiction to

16  decide any matters concerning reimbursement, to resolve any

17  overutilization dispute under subsection (7), and to decide

18  any question concerning overutilization under subsection (8),

19  which question or dispute arises after January 1, 1994.

20         (d)  The following division actions do not constitute

21  agency action subject to review under ss. 120.569 and 120.57

22  and do not constitute actions subject to s. 120.56: referral

23  by the entity responsible for utilization review; a decision

24  by the agency division to refer a matter to a peer review

25  committee; establishment by a health care provider or entity

26  of procedures by which a peer review committee reviews the

27  rendering of health care services; and the review proceedings,

28  report, and recommendation of the peer review committee.

29         (12)  CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM

30  REIMBURSEMENT ALLOWANCES.--

31         (a)  A three-member panel is created, consisting of the

                                 134

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  Insurance Commissioner, or the Insurance Commissioner's

  2  designee, and two members to be appointed by the Governor,

  3  subject to confirmation by the Senate, one member who, on

  4  account of present or previous vocation, employment, or

  5  affiliation, shall be classified as a representative of

  6  employers, the other member who, on account of previous

  7  vocation, employment, or affiliation, shall be classified as a

  8  representative of employees. The panel shall determine

  9  statewide schedules of maximum reimbursement allowances for

10  medically necessary treatment, care, and attendance provided

11  by physicians, hospitals, ambulatory surgical centers,

12  work-hardening programs, pain programs, and durable medical

13  equipment. The maximum reimbursement allowances for inpatient

14  hospital care shall be based on a schedule of per diem rates,

15  to be approved by the three-member panel no later than March

16  1, 1994, to be used in conjunction with a precertification

17  manual as determined by the agency division. All compensable

18  charges for hospital outpatient care shall be reimbursed at 75

19  percent of usual and customary charges. Until the three-member

20  panel approves a schedule of per diem rates for inpatient

21  hospital care and it becomes effective, all compensable

22  charges for hospital inpatient care must be reimbursed at 75

23  percent of their usual and customary charges. Annually, the

24  three-member panel shall adopt schedules of maximum

25  reimbursement allowances for physicians, hospital inpatient

26  care, hospital outpatient care, ambulatory surgical centers,

27  work-hardening programs, and pain programs. However, the

28  maximum percentage of increase in the individual reimbursement

29  allowance may not exceed the percentage of increase in the

30  Consumer Price Index for the previous year. An individual

31  physician, hospital, ambulatory surgical center, pain program,

                                 135

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  or work-hardening program shall be reimbursed either the usual

  2  and customary charge for treatment, care, and attendance, the

  3  agreed-upon contract price, or the maximum reimbursement

  4  allowance in the appropriate schedule, whichever is less.

  5         (b)  As to reimbursement for a prescription medication,

  6  the reimbursement amount for a prescription shall be the

  7  average wholesale price times 1.2 plus $4.18 for the

  8  dispensing fee, except where the carrier has contracted for a

  9  lower amount. Fees for pharmaceuticals and pharmaceutical

10  services shall be reimbursable at the applicable fee schedule

11  amount. Where the employer or carrier has contracted for such

12  services and the employee elects to obtain them through a

13  provider not a party to the contract, the carrier shall

14  reimburse at the schedule, negotiated, or contract price,

15  whichever is lower.

16         (c)  Reimbursement for all fees and other charges for

17  such treatment, care, and attendance, including treatment,

18  care, and attendance provided by any hospital or other health

19  care provider, ambulatory surgical center, work-hardening

20  program, or pain program, must not exceed the amounts provided

21  by the uniform schedule of maximum reimbursement allowances as

22  determined by the panel or as otherwise provided in this

23  section. This subsection also applies to independent medical

24  examinations performed by health care providers under this

25  chapter. Until the three-member panel approves a uniform

26  schedule of maximum reimbursement allowances and it becomes

27  effective, all compensable charges for treatment, care, and

28  attendance provided by physicians, ambulatory surgical

29  centers, work-hardening programs, or pain programs shall be

30  reimbursed at the lowest maximum reimbursement allowance

31  across all 1992 schedules of maximum reimbursement allowances

                                 136

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  for the services provided regardless of the place of service.

  2  In determining the uniform schedule, the panel shall first

  3  approve the data which it finds representative of prevailing

  4  charges in the state for similar treatment, care, and

  5  attendance of injured persons. Each health care provider,

  6  health care facility, ambulatory surgical center,

  7  work-hardening program, or pain program receiving workers'

  8  compensation payments shall maintain records verifying their

  9  usual charges. In establishing the uniform schedule of maximum

10  reimbursement allowances, the panel must consider:

11         1.  The levels of reimbursement for similar treatment,

12  care, and attendance made by other health care programs or

13  third-party providers;

14         2.  The impact upon cost to employers for providing a

15  level of reimbursement for treatment, care, and attendance

16  which will ensure the availability of treatment, care, and

17  attendance required by injured workers;

18         3.  The financial impact of the reimbursement

19  allowances upon health care providers and health care

20  facilities, including trauma centers as defined in s. 395.401,

21  and its effect upon their ability to make available to injured

22  workers such medically necessary remedial treatment, care, and

23  attendance. The uniform schedule of maximum reimbursement

24  allowances must be reasonable, must promote health care cost

25  containment and efficiency with respect to the workers'

26  compensation health care delivery system, and must be

27  sufficient to ensure availability of such medically necessary

28  remedial treatment, care, and attendance to injured workers;

29  and

30         4.  The most recent average maximum allowable rate of

31  increase for hospitals determined by the Health Care Board

                                 137

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  under chapter 408.

  2         (13)  REMOVAL OF PHYSICIANS FROM LISTS OF THOSE

  3  AUTHORIZED TO RENDER MEDICAL CARE.--The agency division shall

  4  remove from the list of physicians or facilities authorized to

  5  provide remedial treatment, care, and attendance under this

  6  chapter the name of any physician or facility found after

  7  reasonable investigation to have:

  8         (a)  Engaged in professional or other misconduct or

  9  incompetency in connection with medical services rendered

10  under this chapter;

11         (b)  Exceeded the limits of his or her or its

12  professional competence in rendering medical care under this

13  chapter, or to have made materially false statements regarding

14  his or her or its qualifications in his or her application;

15         (c)  Failed to transmit copies of medical reports to

16  the employer or carrier, or failed to submit full and truthful

17  medical reports of all his or her or its findings to the

18  employer or carrier as required under this chapter;

19         (d)  Solicited, or employed another to solicit for

20  himself or herself or itself or for another, professional

21  treatment, examination, or care of an injured employee in

22  connection with any claim under this chapter;

23         (e)  Refused to appear before, or to answer upon

24  request of, the agency division or any duly authorized officer

25  of the state, any legal question, or to produce any relevant

26  book or paper concerning his or her conduct under any

27  authorization granted to him or her under this chapter;

28         (f)  Self-referred in violation of this chapter or

29  other laws of this state; or

30         (g)  Engaged in a pattern of practice of

31  overutilization or a violation of this chapter or rules

                                 138

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  adopted by the agency division.

  2         Section 107.  Paragraph (a) of subsection (3) of

  3  section 440.15, Florida Statutes, is amended to read:

  4         440.15  Compensation for disability.--Compensation for

  5  disability shall be paid to the employee, subject to the

  6  limits provided in s. 440.12(2), as follows:

  7         (3)  PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--

  8         (a)  Impairment benefits.--

  9         1.  Once the employee has reached the date of maximum

10  medical improvement, impairment benefits are due and payable

11  within 20 days after the carrier has knowledge of the

12  impairment.

13         2.  The three-member panel, in cooperation with the

14  agency division, shall establish and use a uniform permanent

15  impairment rating schedule. This schedule must be based on

16  medically or scientifically demonstrable findings as well as

17  the systems and criteria set forth in the American Medical

18  Association's Guides to the Evaluation of Permanent

19  Impairment; the Snellen Charts, published by American Medical

20  Association Committee for Eye Injuries; and the Minnesota

21  Department of Labor and Industry Disability Schedules. The

22  schedule should be based upon objective findings. The schedule

23  shall be more comprehensive than the AMA Guides to the

24  Evaluation of Permanent Impairment and shall expand the areas

25  already addressed and address additional areas not currently

26  contained in the guides. On August 1, 1979, and pending the

27  adoption, by rule, of a permanent schedule, Guides to the

28  Evaluation of Permanent Impairment, copyright 1977, 1971,

29  1988, by the American Medical Association, shall be the

30  temporary schedule and shall be used for the purposes hereof.

31  For injuries after July 1, 1990, pending the adoption by

                                 139

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  division rule of a uniform disability rating schedule, the

  2  Minnesota Department of Labor and Industry Disability Schedule

  3  shall be used unless that schedule does not address an injury.

  4  In such case, the Guides to the Evaluation of Permanent

  5  Impairment by the American Medical Association shall be used.

  6  Determination of permanent impairment under this schedule must

  7  be made by a physician licensed under chapter 458, a doctor of

  8  osteopathic medicine licensed under chapters 458 and 459, a

  9  chiropractic physician licensed under chapter 460, a podiatric

10  physician licensed under chapter 461, an optometrist licensed

11  under chapter 463, or a dentist licensed under chapter 466, as

12  appropriate considering the nature of the injury. No other

13  persons are authorized to render opinions regarding the

14  existence of or the extent of permanent impairment.

15         3.  All impairment income benefits shall be based on an

16  impairment rating using the impairment schedule referred to in

17  subparagraph 2. Impairment income benefits are paid weekly at

18  the rate of 50 percent of the employee's average weekly

19  temporary total disability benefit not to exceed the maximum

20  weekly benefit under s. 440.12. An employee's entitlement to

21  impairment income benefits begins the day after the employee

22  reaches maximum medical improvement or the expiration of

23  temporary benefits, whichever occurs earlier, and continues

24  until the earlier of:

25         a.  The expiration of a period computed at the rate of

26  3 weeks for each percentage point of impairment; or

27         b.  The death of the employee.

28         4.  After the employee has been certified by a doctor

29  as having reached maximum medical improvement or 6 weeks

30  before the expiration of temporary benefits, whichever occurs

31  earlier, the certifying doctor shall evaluate the condition of

                                 140

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  the employee and assign an impairment rating, using the

  2  impairment schedule referred to in subparagraph 2.

  3  Compensation is not payable for the mental, psychological, or

  4  emotional injury arising out of depression from being out of

  5  work. If the certification and evaluation are performed by a

  6  doctor other than the employee's treating doctor, the

  7  certification and evaluation must be submitted to the treating

  8  doctor, and the treating doctor must indicate agreement or

  9  disagreement with the certification and evaluation. The

10  certifying doctor shall issue a written report to the

11  division, the employee, and the carrier certifying that

12  maximum medical improvement has been reached, stating the

13  impairment rating, and providing any other information

14  required by the division. If the employee has not been

15  certified as having reached maximum medical improvement before

16  the expiration of 102 weeks after the date temporary total

17  disability benefits begin to accrue, the carrier shall notify

18  the treating doctor of the requirements of this section.

19         5.  The carrier shall pay the employee impairment

20  income benefits for a period based on the impairment rating.

21         6.  The division may by rule specify forms and

22  procedures governing the method of payment of wage loss and

23  impairment benefits for dates of accidents before January 1,

24  1994, and for dates of accidents on or after January 1, 1994.

25         Section 108.  Subsection (7) of section 440.491,

26  Florida Statutes, is amended to read:

27         440.491  Reemployment of injured workers;

28  rehabilitation.--

29         (7)  PROVIDER QUALIFICATIONS.--

30         (a)  The Agency for Health Care Administration division

31  shall investigate and maintain a directory of each qualified

                                 141

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  public and private rehabilitation provider, facility, and

  2  agency, and shall establish by rule the minimum

  3  qualifications, credentials, and requirements that each

  4  rehabilitation service provider, facility, and agency must

  5  satisfy to be eligible for listing in the directory. These

  6  minimum qualifications and credentials must be based on those

  7  generally accepted within the service specialty for which the

  8  provider, facility, or agency is approved.

  9         (b)  The agency division shall impose a biennial

10  application fee of $25 for each listing in the directory, and

11  all such fees must be deposited in the Workers' Compensation

12  Administration Trust Fund.

13         (c)  The agency division shall monitor and evaluate

14  each rehabilitation service provider, facility, and agency

15  qualified under this subsection to ensure its compliance with

16  the minimum qualifications and credentials established by the

17  division. The failure of a qualified rehabilitation service

18  provider, facility, or agency to provide the agency division

19  with information requested or access necessary for the agency

20  division to satisfy its responsibilities under this subsection

21  is grounds for disqualifying the provider, facility, or agency

22  from further referrals.

23         (d)  A qualified rehabilitation service provider,

24  facility, or agency may not be authorized by an employer, a

25  carrier, or the agency division to provide any services,

26  including expert testimony, under this section in this state

27  unless the provider, facility, or agency is listed or has been

28  approved for listing in the directory. This restriction does

29  not apply to services provided outside this state under this

30  section.

31         (e)  The agency division, after consultation with

                                 142

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1  representatives of employees, employers, carriers,

  2  rehabilitation providers, and qualified training and education

  3  providers, shall adopt rules governing professional practices

  4  and standards.

  5         Section 109.  This act does not affect the validity of

  6  any judicial or administrative proceeding involving the

  7  Department of Labor and Employment Security which is pending

  8  as of the effective date of any transfer under this act. The

  9  successor department, agency, or entity responsible for the

10  program, activity, or function relative to the proceeding

11  shall be substituted, as of the effective date of the

12  applicable transfer under this act, for the Department of

13  Labor and Employment Security as a party in interest in any

14  such proceedings.

15         Section 110.  If any provision of this act or its

16  application to any person or circumstance is held invalid, the

17  invalidity does not affect other provisions or applications of

18  the act which can be given effect without the invalid

19  provision or application, and to this end the provisions of

20  this act are severable.

21         Section 111.  Except as otherwise expressly provided in

22  this act, this act shall take effect July 1, 2000, except that

23  this act shall not take effect unless Committee Substitute for

24  Senate Bill 2050, or similar legislation reassigning

25  responsibilities of the Division of Workforce and Employment

26  Opportunities of the Department of Labor and Employment

27  Security to another agency or entity, becomes a law.

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

                                 143

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         On page 1, line 2,

  2         Through page 10, line 29,

  3  remove from the title of the bill:  all of said lines

  4

  5  and insert in lieu thereof:

  6         An act relating to labor and employment

  7         security; repealing s. 20.171, F.S., relating

  8         to the authority and organizational structure

  9         of the Department of Labor and Employment

10         Security; providing for a type one transfer of

11         the Division of Workers' Compensation and the

12         Office of the Judges of Compensation Claims to

13         the Department of Insurance; providing for a

14         type two transfer of certain functions of the

15         Division of Workforce and Employment

16         Opportunities relating to labor organizations

17         and child labor to the Department of Insurance;

18         providing for a type two transfer of certain

19         functions of the Division of Workforce and

20         Employment Opportunities relating to migrant

21         and farm labor registration to the Department

22         of Insurance; providing for a type two transfer

23         of other workplace regulation functions to the

24         Department of Insurance; providing for a

25         transfer of certain administrative resources of

26         the Department of Labor and Employment Security

27         to the Department of Insurance; amending s.

28         20.13, F.S.; providing for a Division of

29         Workers' Compensation in the Department of

30         Insurance; creating a Bureau of Workplace

31         Regulation and a Bureau of Workplace Safety

                                 144

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         within the Division of Workers' Compensation of

  2         the Department of Insurance; providing for a

  3         type two transfer of the Division of

  4         Unemployment Compensation to the Agency for

  5         Workforce Innovation; providing an exception;

  6         providing for transfer of unemployment appeals

  7         referees to the Unemployment Appeals

  8         Commission; requiring a contract for the

  9         Department of Revenue to provide unemployment

10         tax collection services; providing for transfer

11         of the Office of Information Systems from the

12         Department of Labor and Employment Security to

13         the Department of Management Services;

14         providing an exception for certain portions of

15         the office to be transferred to the Agency for

16         Workforce Innovation; providing for a type two

17         transfer of the Minority Business Advocacy and

18         Assistance Office from the Department of Labor

19         and Employment Security to the Department of

20         Management Services; creating the Florida Task

21         Force on Workplace Safety; prescribing

22         membership of the task force; providing a

23         purpose for the task force; providing for

24         staffing, administration, and information

25         sharing; requiring a report; authorizing the

26         Division of Workers' Compensation to establish

27         time-limited positions related to workplace

28         safety; authorizing the division to establish

29         permanent positions upon completion of the task

30         force report; providing for transfer of certain

31         records and property; providing for termination

                                 145

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         of the task force; amending s. 39 of ch.

  2         99-240, Laws of Florida; providing for the

  3         transfer of the Division of Blind Services to

  4         the Department of Management Services rather

  5         than the Department of Education; revising the

  6         effective date of such transfer; providing

  7         legislative intent on the transfer of functions

  8         of the Department of Labor and Employment

  9         Security; providing for reemployment assistance

10         to dislocated department employees; providing

11         for hiring preferences for such employees;

12         providing for the transfer of certain records

13         and funds; creating the Labor and Employment

14         Security Transition Team; prescribing

15         membership of the transition team; providing

16         for staffing; requiring reports; providing for

17         the termination of the transition team;

18         authorizing the transition team to use

19         unexpended funds to settle certain claims;

20         requiring the transition team to approve

21         certain personnel hirings and transfers;

22         requiring the submission of a budget amendment

23         to allocate resources of the Department of

24         Labor and Employment Security; exempting

25         specified state agencies, on a temporary basis,

26         from provisions relating to procurement of

27         property and services and leasing of space;

28         authorizing specified state agencies to develop

29         temporary emergency rules relating to the

30         implementation of this act; requiring the

31         Department of Revenue to notify businesses

                                 146

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         relating to the transfer of unemployment

  2         compensation tax responsibilities; amending s.

  3         287.012, F.S.; revising a definition to conform

  4         to the transfer of the Minority Business

  5         Advocacy and Assistance Office to the

  6         Department of Management Services; amending s.

  7         287.0947, F.S.; providing for the Florida

  8         Advisory Council on Small and Minority Business

  9         Development to be created within the Department

10         of Management Services; amending s. 287.09451,

11         F.S.; reassigning the Minority Business

12         Advocacy and Assistance Office to the

13         Department of Management Services; conforming

14         provisions; amending s. 20.15, F.S.;

15         establishing the Division of Occupational

16         Access and Opportunity within the Department of

17         Education; providing that the Occupational

18         Access and Opportunity Commission is the

19         director of the division; requiring the

20         department to assign certain powers, duties,

21         responsibilities, and functions to the

22         division; excepting from appointment by the

23         Commissioner of Education members of the

24         commission, the Florida Rehabilitation Council,

25         and the Florida Independent Living Council;

26         amending s. 120.80, F.S.; providing that

27         hearings on certain vocational rehabilitation

28         determinations by the Occupational Access and

29         Opportunity Commission need not be conducted by

30         an administrative law judge; amending s.

31         413.011, F.S.; revising the internal

                                 147

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         organizational structure of the Division of

  2         Blind Services; requiring the division to

  3         implement the provisions of a 5-year plan;

  4         requiring the division to contract with

  5         community-based rehabilitation providers for

  6         the delivery of certain services; revising

  7         references to blind persons; requiring the

  8         Division of Blind Services to issue

  9         recommendations to the Legislature on a method

10         of privatizing the Business Enterprise Program;

11         providing definitions for the terms

12         "community-based rehabilitation provider,"

13         "council," "plan," and "state plan"; renaming

14         the Advisory Council for the Blind; revising

15         the membership and functions of the council to

16         be consistent with federal law; requiring the

17         council to prepare a 5-year strategic plan;

18         requiring the council to coordinate with

19         specified entities; deleting provisions

20         providing for the Governor to resolve funding

21         disagreements between the division and the

22         council; directing that meetings be held in

23         locations accessible to individuals with

24         disabilities; amending s. 413.014, F.S.;

25         requiring the Division of Blind Services to

26         report on use of community-based providers to

27         deliver services; amending s. 413.034, F.S.;

28         revising the membership of the Commission for

29         Purchase from the Blind or Other Severely

30         Handicapped to conform to transfer of the

31         Division of Blind Services and renaming of the

                                 148

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         Division of Vocational Rehabilitation; amending

  2         ss. 413.051, 413.064, 413.066, 413.067,

  3         413.345, F.S.; conforming departmental

  4         references to reflect the transfer of the

  5         Division of Blind Services to the Department of

  6         Management Services; expressing the intent of

  7         the Legislature that the provisions of this act

  8         relating to blind services not conflict with

  9         federal law; providing procedures in the event

10         such conflict is asserted; amending s. 413.82,

11         F.S.; providing definitions for the terms

12         "community rehabilitation provider," "plan,"

13         and "state plan"; conforming references;

14         amending s. 413.83, F.S.; specifying that

15         appointment of members to the commission is

16         subject to Senate confirmation; revising

17         composition of and appointments to the

18         commission; eliminating a requirement that the

19         Rehabilitation Council serve the commission;

20         authorizing the commission to establish an

21         advisory council composed of representatives

22         from not-for-profit organizations under certain

23         conditions; clarifying the entitlement of

24         commission members to reimbursement for certain

25         expenses; amending s. 413.84, F.S.; designating

26         the commission as the director of the Division

27         of Occupational Access and Opportunity;

28         specifying responsibilities of the commission;

29         authorizing the commission to make

30         administrative rules; authorizing the

31         commission to hire a division director;

                                 149

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         revising time for implementation of the 5-year

  2         plan prepared by the commission; expanding the

  3         authority of the commission to contract with

  4         the corporation; removing a requirement for

  5         federal approval to contract with a

  6         direct-support organization; authorizing the

  7         commission to appear on its own behalf before

  8         the Legislature; amending s. 413.85, F.S.;

  9         eliminating limitations on the tax status of

10         the Occupational Access and Opportunity

11         Corporation; specifying that the corporation is

12         not an agency for purposes of certain

13         government procurement laws; applying

14         provisions relating to waiver of sovereign

15         immunity to the corporation; providing that the

16         board of directors of the corporation be

17         composed of no fewer than seven and no more

18         than 15 members and that a majority of its

19         members be members of the commission;

20         authorizing the corporation to hire certain

21         individuals employed by the Division of

22         Vocational Rehabilitation;  amending s. 413.86,

23         F.S.; conforming an organizational reference;

24         creating s. 413.865, F.S.; requiring

25         coordination between vocational rehabilitation

26         and other workforce activities; requiring

27         development of performance measurement

28         methodologies; amending s. 413.87, F.S.;

29         conforming provision to changes made in the

30         act; amending s. 413.88, F.S.; conforming

31         provision to changes made in the act; amending

                                 150

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         s. 413.89, F.S.; designating the department the

  2         state agency effective July 1, 2000, and the

  3         commission the state agency effective October

  4         1, 2000, for purposes of federal law; deleting

  5         an obsolete reference; authorizing the

  6         department and the commission to provide for

  7         continued administration during the time

  8         between July 1, 2000, and October 1, 2000;

  9         amending s. 413.90, F.S.; deleting provision

10         relating to designation of an administrative

11         entity; designating a state agency and state

12         unit for specified purposes; transferring

13         certain components of the Division of

14         Vocational Rehabilitation to the Department of

15         Education; requiring a reduction in positions;

16         providing for a budget amendment; providing for

17         a transfer of certain administrative resources

18         of the Department of Labor and Employment

19         Security to the Department of Education;

20         amending s. 413.91, F.S.; deleting reference to

21         designated administrative entity; requiring the

22         commission to assure that all contractors

23         maintain quality control and are fit to

24         undertake responsibilities; amending s. 413.92,

25         F.S.; specifying entities answerable to the

26         Federal Government in the event of a conflict

27         with federal law; repealing s. 413.93, F.S.,

28         relating to the designated state agency under

29         federal law; amending s. 440.02, F.S.;

30         conforming the definitions of "department" and

31         "division" to the transfer of the Division of

                                 151

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         Workers' Compensation to the Department of

  2         Insurance; amending s. 440.207, F.S.;

  3         conforming a departmental reference; amending

  4         s. 440.385, F.S.; deleting obsolete provisions;

  5         conforming departmental references relating to

  6         the Florida Self-Insurance Guaranty

  7         Association, Inc.; amending s. 440.44, F.S.;

  8         conforming provisions; amending s. 440.4416,

  9         F.S.; reassigning the Workers' Compensation

10         Oversight Board to the Department of Insurance;

11         amending s. 440.45, F.S.; reassigning the

12         Office of the Judges of Compensation Claims to

13         the Department of Insurance; amending s.

14         440.49, F.S.; reassigning responsibility for a

15         report on the Special Disability Trust Fund to

16         the Department of Insurance; amending ss.

17         215.311, 413.091, 440.102, 440.125, 440.13,

18         440.25, 440.525, and 440.59, F.S.; conforming

19         agency references to reflect the transfer of

20         programs from the Department of Labor and

21         Employment Security to the Department of

22         Management Services and the Department of

23         Insurance; amending s. 443.012, F.S.; providing

24         for the Unemployment Appeals Commission to be

25         created within the Department of Management

26         Services rather than the Department of Labor

27         and Employment Security; conforming provisions;

28         providing for the transfer of the Unemployment

29         Appeals Commission to the Department of

30         Management Services by a type two transfer;

31         amending s. 443.036, F.S.; conforming the

                                 152

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         definition of "commission" to the transfer of

  2         the Unemployment Appeals Commission to the

  3         Department of Management Services; conforming

  4         the definition of "division" to the transfer of

  5         the Division of Unemployment Compensation to

  6         the Agency for Workforce Innovation; amending

  7         s. 443.131, F.S.; conforming provisions to

  8         changes made in the act; amending s. 443.151,

  9         F.S.; providing for unemployment compensation

10         appeals referees to be appointed by the

11         Unemployment Appeals Commission; requiring the

12         Department of Management Services to provide

13         facilities to the appeals referees and the

14         commission; requiring the Division of

15         Unemployment Compensation to post certain

16         notices in one-stop career centers; amending s.

17         443.171, F.S.; conforming duties of the

18         Division of Unemployment Compensation and

19         appointment of the Unemployment Compensation

20         Advisory Council to reflect program transfer to

21         the Agency for Workforce Innovation; conforming

22         cross-references; amending ss. 443.1715 and

23         443.1716, F.S.; conforming provisions to

24         changes made in the act; amending s. 443.211,

25         F.S.; conforming provisions; authorizing the

26         Unemployment Appeals Commission to approve

27         payments from the Employment Security

28         Administration Trust Fund; providing for use of

29         funds in the Special Employment Security

30         Administration Trust Fund by the Unemployment

31         Appeals Commission and the Agency for Workforce

                                 153

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         Innovation; amending ss. 443.221 and 443.231,

  2         F.S.; conforming provisions to changed made in

  3         the act; amending ss. 447.02, 447.04, 447.041,

  4         447.045, 447.06, 447.12, 447.16, F.S.;

  5         providing for part I of ch. 447, F.S., relating

  6         to the regulation of labor organizations, to be

  7         administered by the Department of Insurance;

  8         deleting references to the Division of Jobs and

  9         Benefits and the Department of Labor and

10         Employment Security; amending s. 447.203, F.S.;

11         clarifying the definition of professional

12         employee; amending s. 447.205, F.S.; conforming

13         provisions to reflect the transfer of the

14         Public Employees Relations Commission to the

15         Department of Management Services and deleting

16         obsolete provisions; amending s. 447.208, F.S.;

17         clarifying the procedure for appeals, charges,

18         and petitions; amending s. 447.305, F.S.,

19         relating to the registration of employee

20         organizations; providing for the Public

21         Employees Relations Commission to share

22         registration information with the Department of

23         Insurance; amending s. 447.307, F.S.;

24         authorizing the commission to modify existing

25         bargaining units; amending s. 447.503, F.S.;

26         specifying procedures when a party fails to

27         appear for a hearing; amending s. 447.504,

28         F.S.; authorizing the commission to stay

29         certain procedures; providing for the transfer

30         of the commission to the Department of

31         Management Services by a type two transfer;

                                 154

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         amending ss. 450.012, 450.061, 450.081,

  2         450.095, 450.121, 450.132, 450.141, F.S.;

  3         providing for part I of ch. 450, F.S., relating

  4         to child labor, to be administered by the

  5         Department of Insurance; deleting references to

  6         the Division of Jobs and Benefits and the

  7         Department of Labor and Employment Security;

  8         amending s. 450.191, F.S., relating to the

  9         duties of the Executive Office of the Governor

10         with respect to migrant labor; conforming

11         provisions to changes made by the act; amending

12         ss. 450.28, 450.30, 450.31, 450.33, 450.35,

13         450.36, 450.37, 450.38, F.S., relating to farm

14         labor registration; providing for part III of

15         ch. 450, F.S., to be administered by the

16         Department of Insurance; deleting references to

17         the Division of Jobs and Benefits and the

18         Department of Labor and Employment Security;

19         requiring the Department of Revenue to report

20         on disbursement and cost-allocation of

21         unemployment compensation funds; requiring the

22         Department of Revenue to conduct a feasibility

23         study on privatization of unemployment

24         compensation activities; authorizing the

25         Department of Labor and Employment Security to

26         offer a voluntary reduction-in-force payment to

27         certain employees; requiring a plan to meet

28         specified criteria; providing for legislative

29         review; providing for the continuation of

30         contracts or agreements of the Department of

31         Labor and Employment Security; providing for a

                                 155

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1206, 2nd Eng.

    Amendment No. 001 (for drafter's use only)





  1         successor department, agency, or entity to be

  2         substituted for the Department of Labor and

  3         Employment Security as a party in interest in

  4         pending proceedings; providing for

  5         severability; amending s. 440.02, F.S.;

  6         providing a definition for the term "agency";

  7         conforming definitions of "department" and

  8         "division" to the transfer of the Division of

  9         Workers' Compensation to the Department of

10         Insurance; amending s. 440.13, F.S., relating

11         to medical services and supplies under the

12         workers' compensation law; reassigning certain

13         functions from the Division of Workers'

14         Compensation to the Agency for Health Care

15         Administration; amending s. 440.15, F.S.;

16         providing for the agency to participate in the

17         establishment and use of a uniform permanent

18         impairment rating schedule; amending s.

19         440.491, F.S.; providing for agency oversight

20         of workers' compensation rehabilitation

21         providers; amending s. 440.207, F.S.; providing

22         a conditional effective date.

23

24

25

26

27

28

29

30

31

                                 156

    File original & 9 copies    05/05/00
    hbt0004                     02:25 pm         01206-0074-650087