SENATE AMENDMENT
Bill No. CS for SB 1188
Amendment No. ___ Barcode 963086
CHAMBER ACTION
Senate House
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11 Senator Latvala moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 44, line 29, through page 45, line 2, delete
15 those lines
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17 and insert:
18 Section 14. Subsections (4) and (11) of section
19 440.20, Florida Statutes, are amended to read:
20 440.20 Time for payment of compensation; penalties for
21 late payment.--
22 (4) If the carrier is uncertain of its obligation to
23 provide benefits or compensation, it may initiate payment
24 without prejudice and without admitting liability. The carrier
25 shall immediately and in good faith commence investigation of
26 the employee's entitlement to benefits under this chapter and
27 shall admit or deny compensability within 120 days after the
28 initial provision of compensation or benefits as required by
29 subsection (2) or s. 440.192(8). Upon commencement of payment
30 as required by subsection (2) or s. 440.192(8), the carrier
31 shall provide written notice to the employee that it has
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SENATE AMENDMENT
Bill No. CS for SB 1188
Amendment No. ___ Barcode 963086
1 elected to pay all or part of the claim pending further
2 investigation, and that it will advise the employee of claim
3 acceptance or denial within 120 days. A carrier that fails to
4 deny compensability within 120 days after the initial
5 provision of benefits or payment of compensation, as required
6 by subsection (2) or s. 440.192(8), waives the right to deny
7 compensability, unless the carrier can establish material
8 facts relevant to the issue of compensability that it could
9 not have discovered through reasonable investigation within
10 the 120-day period. The initial provision of compensation or
11 benefits, for purposes of this subsection, shall mean the
12 first installment of compensation or benefits to be paid by
13 the carrier under subsection (2) or pursuant to a petition of
14 benefits under s. 440.192(8).
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18 And the title is amended as follows:
19 On page 2, line 25, after the semicolon
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21 insert:
22 specifying time for payment of compensation;
23 prescribing the criteria for determining
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