SENATE AMENDMENT
    Bill No. CS for SB 1188
    Amendment No. ___   Barcode 963086
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Latvala moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 44, line 29, through page 45, line 2, delete
15  those lines
16  
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
                                  1
    11:56 PM   05/01/01                              s1188.bi19.cc

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). 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 On page 2, line 25, after the semicolon 20 21 insert: 22 specifying time for payment of compensation; 23 prescribing the criteria for determining 24 25 26 27 28 29 30 31 2 11:56 PM 05/01/01 s1188.bi19.cc