House Bill hb1803

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




    Florida House of Representatives - 2001                HB 1803

        By the Committee on Insurance and Representatives Waters,
    Melvin, Brown, Berfield, Kallinger, McGriff, Clarke, Simmons,
    Sobel, Ross, Negron, Fields and Wiles




  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 61.14, F.S.; requiring judges of

  4         compensation claims to consider the interests

  5         of the worker and the worker's dependents when

  6         approving settlements of workers' compensation

  7         claims; requiring appropriate recovery of any

  8         child support arrearage from such settlements;

  9         amending s. 61.30, F.S.; providing that gross

10         income includes all workers' compensation

11         benefits and settlements; amending s. 440.02,

12         F.S.; revising a monetary limit in a

13         definition; excluding certain sports officials

14         from the definition of "employee"; excluding

15         certain work done by state prisoners and county

16         inmates from the definition of "employment";

17         amending s. 440.09, F.S.; excluding employees

18         covered under the Defense Base Act from payment

19         of benefits; amending s. 440.12, F.S.;

20         providing for direct deposit of compensation

21         payments; amending s. 440.13, F.S.; deleting a

22         physician eligibility requirement; revising

23         requirements for submission of certain medical

24         reports and bills; granting rehabilitation

25         providers access to medical records; amending

26         s. 440.14, F.S.; providing criteria for

27         including lost wages from concurrent employment

28         in determinations of pay; amending s. 440.185,

29         F.S.; authorizing the division to contract with

30         a private entity for collection of certain

31         policy information; providing application;

                                  1

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         amending s. 440.192, F.S.; revising

  2         requirements and procedures for filing

  3         petitions for benefits; authorizing the

  4         division to adopt a petition for benefits form

  5         by rule; permitting judges to dismiss portions

  6         of a petition; specifying that dismissal of

  7         petitions is without prejudice; providing for a

  8         response to petition instead of a notice of

  9         denial for certain purposes; amending s.

10         440.20, F.S.; providing for payment of

11         compensation by direct deposit under certain

12         circumstances; revising the period for payment;

13         revising lump-sum settlement requirements;

14         amending s. 440.22, F.S.; excluding child

15         support and alimony claims from general

16         exemption of workers' compensation benefits

17         from claims of creditors; amending s. 440.25,

18         F.S.; revising mediation procedures; deleting

19         participation by the Division of Workers'

20         Compensation in certain indigency petitions;

21         amending s. 440.271, F.S.; requiring the First

22         District Court of Appeal to establish a

23         specialized division to hear workers'

24         compensation cases; amending s. 440.34, F.S.;

25         including responses to petitions under certain

26         attorney's fees provisions and limitations;

27         amending s. 440.38, F.S.; providing for the

28         type of qualifying security deposit necessary

29         to become a self-insured employer; providing

30         requirements, procedures, and criteria;

31         correcting a cross reference; amending s.

                                  2

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         440.45, F.S.; requiring the judicial nominating

  2         commission to consider whether judges of

  3         compensation claims have met certain

  4         requirements; providing procedures; authorizing

  5         the Governor to appoint certain judges of

  6         compensation claims; requiring the Office of

  7         the Judges of Compensation Claims to adopt

  8         certain additional rules; providing additional

  9         criteria for such rules; amending s. 440.593,

10         F.S.; providing the division with enforcement

11         authority relating to electronic reporting;

12         authorizing the division to impose a civil

13         penalty; authorizing the division to adopt

14         rules; amending ss. 489.114 and 489.510, F.S.;

15         providing an exception to certain workers'

16         compensation coverage evidence requirements;

17         amending ss. 489.115 and 489.515, F.S.;

18         revising certification and registration

19         requirements for initial licensure; amending s.

20         627.311, F.S.; clarifying language with respect

21         to joint underwriters' liability for monetary

22         damages; amending s. 627.914, F.S.; revising

23         the requirements for reports of information by

24         workers' compensation insurers; deleting a

25         reporting requirement for the Division of

26         Workers' Compensation; amending s. 440.49,

27         F.S., to conform; repealing s. 440.45(3), F.S.,

28         relating to judges of compensation claims

29         serving as docketing judges; repealing s.

30         440.49(2)(f) and (g), (13), and (14), F.S.,

31         relating to the Special Disability Trust Fund

                                  3

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         Privatization Commission and the Florida

  2         Special Disability Trust Fund Financing

  3         Corporation; repealing s. 440.59(2), F.S.,

  4         relating to required quarterly reports;

  5         providing effective dates.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Subsection (8) of section 61.14, Florida

10  Statutes, is amended to read:

11         61.14  Enforcement and modification of support,

12  maintenance, or alimony agreements or orders.--

13         (8)(a)  When reviewing a lump-sum settlement for

14  approval pursuant to s. 440.20(11)(a) and (b), judges of

15  compensation claims shall consider the interests of the

16  claimant and the claimant's dependents when approving the

17  settlement.  The settlement must provide for appropriate

18  recovery of child support arrearage.

19         (b)  In accordance with Notwithstanding the provisions

20  of s. 440.22, any compensation due or that may become due an

21  employee under chapter 440 is exempt from garnishment,

22  attachment, execution, and assignment of income, except for

23  the purposes of enforcing child or spousal support

24  obligations.

25         Section 2.  Paragraph (a) of subsection (2) of section

26  61.30, Florida Statutes, is amended to read:

27         61.30  Child support guidelines; retroactive child

28  support.--

29         (2)  Income shall be determined on a monthly basis for

30  the obligor and for the obligee as follows:

31

                                  4

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         (a)  Gross income shall include, but is not limited to,

  2  the following items:

  3         1.  Salary or wages.

  4         2.  Bonuses, commissions, allowances, overtime, tips,

  5  and other similar payments.

  6         3.  Business income from sources such as

  7  self-employment, partnership, close corporations, and

  8  independent contracts. "Business income" means gross receipts

  9  minus ordinary and necessary expenses required to produce

10  income.

11         4.  Disability benefits.

12         5.  All workers' worker's compensation benefits and

13  settlements.

14         6.  Unemployment compensation.

15         7.  Pension, retirement, or annuity payments.

16         8.  Social security benefits.

17         9.  Spousal support received from a previous marriage

18  or court ordered in the marriage before the court.

19         10.  Interest and dividends.

20         11.  Rental income, which is gross receipts minus

21  ordinary and necessary expenses required to produce the

22  income.

23         12.  Income from royalties, trusts, or estates.

24         13.  Reimbursed expenses or in kind payments to the

25  extent that they reduce living expenses.

26         14.  Gains derived from dealings in property, unless

27  the gain is nonrecurring.

28         Section 3.  Subsection (4), paragraph (d) of subsection

29  (14), and paragraph (c) of subsection (16) of section 440.02,

30  Florida Statutes, are amended to read:

31

                                  5

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         440.02  Definitions.--When used in this chapter, unless

  2  the context clearly requires otherwise, the following terms

  3  shall have the following meanings:

  4         (4)  "Casual" as used in this section shall be taken to

  5  refer only to employments when the work contemplated is to be

  6  completed in not exceeding 10 working days, without regard to

  7  the number of persons employed, and when the total labor cost

  8  of such work is less than $500 $100.

  9         (14)

10         (d)  "Employee" does not include:

11         1.  An independent contractor, if:

12         a.  The independent contractor maintains a separate

13  business with his or her own work facility, truck, equipment,

14  materials, or similar accommodations;

15         b.  The independent contractor holds or has applied for

16  a federal employer identification number, unless the

17  independent contractor is a sole proprietor who is not

18  required to obtain a federal employer identification number

19  under state or federal requirements;

20         c.  The independent contractor performs or agrees to

21  perform specific services or work for specific amounts of

22  money and controls the means of performing the services or

23  work;

24         d.  The independent contractor incurs the principal

25  expenses related to the service or work that he or she

26  performs or agrees to perform;

27         e.  The independent contractor is responsible for the

28  satisfactory completion of work or services that he or she

29  performs or agrees to perform and is or could be held liable

30  for a failure to complete the work or services;

31

                                  6

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         f.  The independent contractor receives compensation

  2  for work or services performed for a commission or on a

  3  per-job or competitive-bid basis and not on any other basis;

  4         g.  The independent contractor may realize a profit or

  5  suffer a loss in connection with performing work or services;

  6         h.  The independent contractor has continuing or

  7  recurring business liabilities or obligations; and

  8         i.  The success or failure of the independent

  9  contractor's business depends on the relationship of business

10  receipts to expenditures.

11

12  However, the determination as to whether an individual

13  included in the Standard Industrial Classification Manual of

14  1987, Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762,

15  0781, 0782, 0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436,

16  2448, or 2449, or a newspaper delivery person, is an

17  independent contractor is governed not by the criteria in this

18  paragraph but by common-law principles, giving due

19  consideration to the business activity of the individual.

20         2.  A real estate salesperson or agent, if that person

21  agrees, in writing, to perform for remuneration solely by way

22  of commission.

23         3.  Bands, orchestras, and musical and theatrical

24  performers, including disk jockeys, performing in licensed

25  premises as defined in chapter 562, if a written contract

26  evidencing an independent contractor relationship is entered

27  into before the commencement of such entertainment.

28         4.  An owner-operator of a motor vehicle who transports

29  property under a written contract with a motor carrier which

30  evidences a relationship by which the owner-operator assumes

31  the responsibility of an employer for the performance of the

                                  7

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  contract, if the owner-operator is required to furnish the

  2  necessary motor vehicle equipment and all costs incidental to

  3  the performance of the contract, including, but not limited

  4  to, fuel, taxes, licenses, repairs, and hired help; and the

  5  owner-operator is paid a commission for transportation service

  6  and is not paid by the hour or on some other time-measured

  7  basis.

  8         5.  A person whose employment is both casual and not in

  9  the course of the trade, business, profession, or occupation

10  of the employer.

11         6.  A volunteer, except a volunteer worker for the

12  state or a county, municipality, or other governmental entity.

13  A person who does not receive monetary remuneration for

14  services is presumed to be a volunteer unless there is

15  substantial evidence that a valuable consideration was

16  intended by both employer and employee. For purposes of this

17  chapter, the term "volunteer" includes, but is not limited to:

18         a.  Persons who serve in private nonprofit agencies and

19  who receive no compensation other than expenses in an amount

20  less than or equivalent to the standard mileage and per diem

21  expenses provided to salaried employees in the same agency or,

22  if such agency does not have salaried employees who receive

23  mileage and per diem, then such volunteers who receive no

24  compensation other than expenses in an amount less than or

25  equivalent to the customary mileage and per diem paid to

26  salaried workers in the community as determined by the

27  division; and

28         b.  Volunteers participating in federal programs

29  established under Pub. L. No. 93-113.

30         7.  Any officer of a corporation who elects to be

31  exempt from this chapter.

                                  8

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         8.  A sole proprietor or officer of a corporation who

  2  actively engages in the construction industry, and a partner

  3  in a partnership that is actively engaged in the construction

  4  industry, who elects to be exempt from the provisions of this

  5  chapter. Such sole proprietor, officer, or partner is not an

  6  employee for any reason until the notice of revocation of

  7  election filed pursuant to s. 440.05 is effective.

  8         9.  An exercise rider who does not work for a single

  9  horse farm or breeder, and who is compensated for riding on a

10  case-by-case basis, provided a written contract is entered

11  into prior to the commencement of such activity which

12  evidences that an employee/employer relationship does not

13  exist.

14         10.  A taxicab, limousine, or other passenger

15  vehicle-for-hire driver who operates said vehicles pursuant to

16  a written agreement with a company which provides any

17  dispatch, marketing, insurance, communications, or other

18  services under which the driver and any fees or charges paid

19  by the driver to the company for such services are not

20  conditioned upon, or expressed as a proportion of, fare

21  revenues.

22         11.  A person who performs services as a sports

23  official for an extracurricular interscholastic sports event.

24  For purposes of this subparagraph, the term "sports official"

25  means any person who is a neutral participant in a sports

26  event, including, but not limited to, umpires, referees,

27  judges, linespersons, scorekeepers, or timekeepers. This

28  subparagraph does not apply to any person employed by a school

29  board who serves as a sports official as required by the

30  employing school board or who serves as a sports official as

31

                                  9

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  part of his or her responsibilities during normal school

  2  hours.

  3         (16)

  4         (c)  "Employment" does not include service performed by

  5  or as:

  6         1.  Domestic servants in private homes.

  7         2.  Agricultural labor performed on a farm in the

  8  employ of a bona fide farmer, or association of farmers, who

  9  employs 5 or fewer regular employees and who employs fewer

10  than 12 other employees at one time for seasonal agricultural

11  labor that is completed in less than 30 days, provided such

12  seasonal employment does not exceed 45 days in the same

13  calendar year. The term "farm" includes stock, dairy, poultry,

14  fruit, fur-bearing animals, fish, and truck farms, ranches,

15  nurseries, and orchards. The term "agricultural labor"

16  includes field foremen, timekeepers, checkers, and other farm

17  labor supervisory personnel.

18         3.  Professional athletes, such as professional boxers,

19  wrestlers, baseball, football, basketball, hockey, polo,

20  tennis, jai alai, and similar players, and motorsports teams

21  competing in a motor racing event as defined in s. 549.08.

22         4.  Labor under a sentence of a court to perform

23  community services as provided in s. 316.193.

24         5.  State prisoners or county inmates, except those

25  performing services for private employers or those enumerated

26  in s. 948.03(8)(a).

27         Section 4.  Subsection (2) of section 440.09, Florida

28  Statutes, is amended to read:

29         440.09  Coverage.--

30         (2)  Benefits are not payable in respect of the

31  disability or death of any employee covered by the Federal

                                  10

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  Employer's Liability Act, the Longshoremen's and Harbor

  2  Worker's Compensation Act, the Defense Base Act, or the Jones

  3  Act.

  4         Section 5.  Subsection (1) of section 440.12, Florida

  5  Statutes, is amended to read:

  6         440.12  Time for commencement and limits on weekly rate

  7  of compensation.--

  8         (1)  No compensation shall be allowed for the first 7

  9  days of the disability, except benefits provided for in s.

10  440.13. However, if the injury results in disability of more

11  than 21 days, compensation shall be allowed from the

12  commencement of the disability.  All weekly compensation

13  payments, except for the first payment, shall be paid by check

14  or, if authorized by the employee, deposited directly into the

15  employee's account at a financial institution. For purposes of

16  this subsection, the term "financial institution" means a

17  financial institution as defined in s. 655.005(1)(h).

18         Section 6.  Paragraph (a) of subsection (3) and

19  paragraphs (b) and (c) of subsection (4) of section 440.13,

20  Florida Statutes, are amended to read:

21         440.13  Medical services and supplies; penalty for

22  violations; limitations.--

23         (3)  PROVIDER ELIGIBILITY; AUTHORIZATION.--

24         (a)  As a condition to eligibility for payment under

25  this chapter, a health care provider who renders services must

26  be a certified health care provider and must receive

27  authorization from the carrier before providing treatment.

28  This paragraph does not apply to emergency care. The division

29  shall adopt rules to implement the certification of health

30  care providers. As a one-time prerequisite to obtaining

31  certification, the division shall require each physician to

                                  11

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  demonstrate proof of completion of a minimum 5-hour course

  2  that covers the subject areas of cost containment, utilization

  3  control, ergonomics, and the practice parameters adopted by

  4  the division governing the physician's field of practice. The

  5  division shall coordinate with the Agency for Health Care

  6  Administration, the Florida Medical Association, the Florida

  7  Osteopathic Medical Association, the Florida Chiropractic

  8  Association, the Florida Podiatric Medical Association, the

  9  Florida Optometric Association, the Florida Dental

10  Association, and other health professional organizations and

11  their respective boards as deemed necessary by the Agency for

12  Health Care Administration in complying with this subsection.

13  No later than October 1, 1994, the division shall adopt rules

14  regarding the criteria and procedures for approval of courses

15  and the filing of proof of completion by the physicians.

16         (4)  NOTICE OF TREATMENT TO CARRIER; FILING WITH

17  DIVISION.--

18         (b)  Upon the request of the Division of Workers'

19  Compensation, each medical report or bill obtained or received

20  by the employer, the carrier, or the injured employee, or the

21  attorney for the employer, carrier, or injured employee, with

22  respect to the remedial treatment, or care, or attendance of

23  the injured employee, including any report of an examination,

24  diagnosis, or disability evaluation, must be filed with the

25  Division of Workers' Compensation pursuant to rules adopted by

26  the division. The health care provider shall also furnish to

27  the injured employee or to his or her attorney, on demand, a

28  copy of his or her office chart, records, and reports, and may

29  charge the injured employee an amount authorized by the

30  division for the copies. Each such health care provider shall

31  provide to the division any additional information about the

                                  12

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  remedial treatment, care, and attendance that the division

  2  reasonably requests.

  3         (c)  It is the policy for the administration of the

  4  workers' compensation system that there be reasonable access

  5  to medical information by all parties to facilitate the

  6  self-executing features of the law. Notwithstanding the

  7  limitations in s. 456.057 and subject to the limitations in s.

  8  381.004, upon the request of the employer, the carrier, a

  9  qualified rehabilitation provider authorized by the employer

10  or carrier, or the attorney for the employer or carrier either

11  of them, the medical records of an injured employee must be

12  furnished to those persons and the medical condition of the

13  injured employee must be discussed with those persons, if the

14  records and the discussions are restricted to conditions

15  relating to the workplace injury. Any such discussions may be

16  held before or after the filing of a claim without the

17  knowledge, consent, or presence of any other party or his or

18  her agent or representative. A health care provider who

19  willfully refuses to provide medical records or to discuss the

20  medical condition of the injured employee, after a reasonable

21  request is made for such information pursuant to this

22  subsection, shall be subject by the division to one or more of

23  the penalties set forth in paragraph (8)(b).

24         Section 7.  Subsection (5) is added to section 440.14,

25  Florida Statutes, to read:

26         440.14  Determination of pay.--

27         (5)(a)  If lost wages from concurrent employment are

28  used in calculating the employee's average weekly wage, the

29  employee shall be responsible for providing evidence of the

30  loss of earnings from the concurrent employment.

31

                                  13

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         (b)  The employee shall be deemed to have waived any

  2  entitlement to interest, penalties, and attorney's fees during

  3  the period in which the employee has not provided information

  4  concerning the loss of earnings from concurrent employment.

  5  Carriers shall not be subject to penalties by the division

  6  pursuant to s. 440.20(8)(b) and (c) for unpaid compensation

  7  related to concurrent employment during the period in which

  8  the employee has not provided information concerning the loss

  9  of earnings from concurrent employment.

10         Section 8.  Subsection (7) of section 440.185, Florida

11  Statutes, is amended to read:

12         440.185  Notice of injury or death; reports; penalties

13  for violations.--

14         (7)  Every carrier shall file with the division within

15  21 days after the issuance of a policy or contract of

16  insurance such policy information as the division may require,

17  including notice of whether the policy is a minimum premium

18  policy. Notice of cancellation or expiration of a policy as

19  set out in s. 440.42(3) shall be mailed to the division in

20  accordance with rules promulgated by the division under

21  chapter 120. The division may contract with a private entity

22  for the collection of policy information required to be filed

23  by carriers pursuant to this subsection and the receipt of

24  notices of policy cancellation or expiration required to be

25  filed by carriers pursuant to s. 440.42(3).  The submission of

26  policy information or notices of cancellation or expiration to

27  the contracted private entity satisfies the filing

28  requirements of this subsection and s. 440.42(3).

29         Section 9.  Subsections (1), (2), (5), and (8) of

30  section 440.192, Florida Statutes, are amended to read:

31         440.192  Procedure for resolving benefit disputes.--

                                  14

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         (1)  Subject to s. 440.191, any employee who has not

  2  received a benefit to which the employee believes she or he is

  3  entitled under this chapter shall file by certified mail, or

  4  by electronic means approved by the Chief Judge, with the

  5  appropriate local office of the judges of compensation claims

  6  a petition for benefits meeting the requirements of this

  7  section.  The division shall inform employees of the location

  8  of the appropriate office of the judges of compensation claims

  9  for purposes of filing a petition for benefits.  The employee

10  shall also serve copies of the petition for benefits by

11  certified mail, or by electronic means approved by the Chief

12  Judge, upon the employer, the employer's carrier, and the

13  division in Tallahassee. The division shall adopt by rule a

14  standardized petition for benefits form that meets the

15  requirements of this section. The division shall refer the

16  petition to the Office of the Judges of Compensation Claims.

17         (2)  Upon receipt, the judge Office of the Judges of

18  compensation claims shall review each petition and shall

19  dismiss each petition or any portion of the petition, upon the

20  judge's its own motion or upon the motion of any party, that

21  does not on its face specifically identify or itemize the

22  following:

23         (a)  Name, address, telephone number, and social

24  security number of the employee.

25         (b)  Name, address, and telephone number of the

26  employer.

27         (c)  A detailed description of the injury and cause of

28  the injury, including the location of the occurrence and the

29  date or dates of the accident.

30

31

                                  15

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         (d)  A detailed description of the employee's job, work

  2  responsibilities, and work the employee was performing when

  3  the injury occurred.

  4         (e)  The time period for which compensation was not

  5  timely provided and the specific classification of the

  6  compensation.

  7         (f)  Date of maximum medical improvement, character of

  8  disability, and specific statement of all benefits or

  9  compensation that the employee is seeking.

10         (g)  The specific All travel costs to which the

11  employee believes she or he is entitled, including dates of

12  travel and purpose of travel, means of transportation, and

13  mileage, including the date the request for mileage was filed

14  with the carrier and a copy of the request.

15         (h)  Specific listing of all medical charges alleged

16  unpaid, including the name and address of the medical

17  provider, the amounts due, and the specific dates of

18  treatment.

19         (i)  The type or nature of treatment care or attendance

20  sought and the justification for such treatment.

21         (j)  Specific explanation of any other disputed issue

22  that a judge of compensation claims will be called to rule

23  upon.

24

25  The dismissal of any petition or portion of a petition under

26  this section shall be without prejudice and shall not require

27  a hearing.

28         (5)  All motions to dismiss must state with

29  particularity the basis for the motion. The judge of

30  compensation claims shall enter an order upon such motions

31  without hearing, unless good cause for hearing is shown. When

                                  16

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  any petition or portion of a petition is dismissed for lack of

  2  specificity under this subsection, the claimant must be

  3  allowed 20 days after the date of the order of dismissal in

  4  which to file an amended petition. Any grounds for dismissal

  5  for lack of specificity under this section not asserted within

  6  30 days after receipt of the petition for benefits are thereby

  7  waived.

  8         (8)  Within 14 days after receipt of a petition for

  9  benefits by certified mail, the carrier must either pay the

10  requested benefits without prejudice to its right to deny

11  within 120 days from receipt of the petition or file a

12  response to petition notice of denial with the division. The

13  carrier must list all benefits requested but not paid and

14  explain its justification for nonpayment in the response to

15  petition notice of denial. A carrier that does not deny

16  compensability in accordance with s. 440.20(4) is deemed to

17  have accepted the employee's injuries as compensable, unless

18  it can establish material facts relevant to the issue of

19  compensability that could not have been discovered through

20  reasonable investigation within the 120-day period. The

21  carrier shall provide copies of the response notice to the

22  filing party, employer, and claimant by certified mail.

23         Section 10.  Paragraph (a) of subsection (1),

24  subsection (6), and paragraph (a) of subsection (11) of

25  section 440.20, Florida Statutes, are amended, and paragraph

26  (d) is added to subsection (11) of said section, to read:

27         440.20  Time for payment of compensation; penalties for

28  late payment.--

29         (1)(a)  Unless it denies compensability or entitlement

30  to benefits, the carrier shall pay compensation directly to

31  the employee as required by ss. 440.14, 440.15, and 440.16, in

                                  17

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  accordance with the obligations set forth in such sections. If

  2  authorized by the employee, the carrier's obligation to pay

  3  compensation directly to the employee is satisfied when the

  4  carrier directly deposits, by electronic transfer or other

  5  means, compensation into the employee's account at a financial

  6  institution. For purposes of this paragraph, the term

  7  "financial institution" means a financial institution as

  8  defined in s. 655.005(1)(h). Compensation by direct deposit

  9  shall be deemed paid on the date the funds become available

10  for withdrawal by the employee.

11         (6)  If any installment of compensation for death or

12  dependency benefits, disability, permanent impairment, or wage

13  loss payable without an award is not paid within 7 days after

14  it becomes due, as provided in subsection (2), subsection (3),

15  or subsection (4), there shall be added to such unpaid

16  installment a punitive penalty of an amount equal to 20

17  percent of the unpaid installment or $5, which shall be paid

18  at the same time as, but in addition to, such installment of

19  compensation, unless notice is filed under subsection (4) or

20  unless such nonpayment results from conditions over which the

21  employer or carrier had no control. When any installment of

22  compensation payable without an award has not been paid within

23  7 days after it became due and the claimant concludes the

24  prosecution of the claim before a judge of compensation claims

25  without having specifically claimed additional compensation in

26  the nature of a penalty under this section, the claimant will

27  be deemed to have acknowledged that, owing to conditions over

28  which the employer or carrier had no control, such installment

29  could not be paid within the period prescribed for payment and

30  to have waived the right to claim such penalty. However,

31  during the course of a hearing, the judge of compensation

                                  18

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  claims shall on her or his own motion raise the question of

  2  whether such penalty should be awarded or excused. The

  3  division may assess without a hearing the punitive penalty

  4  against either the employer or the insurance carrier,

  5  depending upon who was at fault in causing the delay. The

  6  insurance policy cannot provide that this sum will be paid by

  7  the carrier if the division or the judge of compensation

  8  claims determines that the punitive penalty should be made by

  9  the employer rather than the carrier. Any additional

10  installment of compensation paid by the carrier pursuant to

11  this section shall be paid directly to the employee by check

12  or, if authorized by the employee, by direct deposit into the

13  employee's account at a financial institution. For purposes of

14  this subsection, the term "financial institution" means a

15  financial institution as defined in s. 655.005(1)(h).

16         (11)(a)  Upon joint petition of all interested parties,

17  a lump-sum payment in exchange for the employer's or carrier's

18  release from liability for future medical expenses, as well as

19  future payments of compensation expenses and any other

20  benefits provided under this chapter, shall be allowed at any

21  time in any case in which the employer or carrier has filed a

22  written notice of denial or response to petition within 120

23  days after the employer receives notice date of the injury,

24  and the judge of compensation claims at a hearing to consider

25  the settlement proposal finds a justiciable controversy as to

26  legal or medical compensability of the claimed injury or the

27  alleged accident. A judge of compensation claims shall not be

28  required to hold a hearing if the claimant is represented by

29  an attorney and all parties stipulate that a hearing is

30  unnecessary. The employer or carrier may not pay any

31  attorney's fees on behalf of the claimant for any settlement

                                  19

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  under this section unless expressly authorized elsewhere in

  2  this chapter. Upon the joint petition of all interested

  3  parties and after giving due consideration to the interests of

  4  all interested parties, the judge of compensation claims may

  5  enter a compensation order approving and authorizing the

  6  discharge of the liability of the employer for compensation

  7  and remedial treatment, care, and attendance, as well as

  8  rehabilitation expenses, by the payment of a lump sum. Such a

  9  compensation order so entered upon joint petition of all

10  interested parties is not subject to modification or review

11  under s. 440.28. If the settlement proposal together with

12  supporting evidence is not approved by the judge of

13  compensation claims, it shall be considered void. Upon

14  approval of a lump-sum settlement under this subsection, the

15  judge of compensation claims shall send a report to the Chief

16  Judge of the amount of the settlement and a statement of the

17  nature of the controversy. The Chief Judge shall keep a record

18  of all such reports filed by each judge of compensation claims

19  and shall submit to the Legislature a summary of all such

20  reports filed under this subsection annually by September 15.

21         (d)  When reviewing a lump-sum settlement for approval

22  pursuant to this subsection, judges of compensation claims

23  shall consider the interests of the claimant and the

24  claimant's dependents when approving the settlement. The

25  settlement must provide for appropriate recovery of child

26  support arrearage.

27         Section 11.  Section 440.22, Florida Statutes, is

28  amended to read:

29         440.22  Assignment and exemption from claims of

30  creditors.--No assignment, release, or commutation of

31  compensation or benefits due or payable under this chapter

                                  20

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  except as provided by this chapter shall be valid, and such

  2  compensation and benefits shall be exempt from all claims of

  3  creditors, and from levy, execution and attachments or other

  4  remedy for recovery or collection of a debt, which exemption

  5  may not be waived. However, the exemption of compensation and

  6  benefits from the claims of creditors shall not extend to

  7  claims based on an award of child support or alimony.

  8         Section 12.  Subsection (1) and paragraph (b) of

  9  subsection (5) of section 440.25, Florida Statutes, are

10  amended to read:

11         440.25  Procedures for mediation and hearings.--

12         (1)  Within 21 days after a petition for benefits is

13  filed under s. 440.192, a mediation conference concerning such

14  petition shall be held. Within 7 days after such petition is

15  filed, the judge of compensation claims shall notify the

16  interested parties that a mediation conference concerning such

17  petition will be held. Such notice shall give the date, time,

18  and location of the mediation conference. Such notice may be

19  served personally upon the interested parties or may be sent

20  to the interested parties by mail. The claimant, or the

21  adjuster of the employer or carrier, may attend the mediation

22  conference by telephone or, if agreed to by the parties, other

23  electronic means.

24         (5)

25         (b)  An appellant may be relieved of any necessary

26  filing fee by filing a verified petition of indigency for

27  approval as provided in s. 57.081(1) and may be relieved in

28  whole or in part from the costs for preparation of the record

29  on appeal if, within 15 days after the date notice of the

30  estimated costs for the preparation is served, the appellant

31  files with the judge of compensation claims a copy of the

                                  21

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  designation of the record on appeal, and a verified petition

  2  to be relieved of costs. A verified petition filed prior to

  3  the date of service of the notice of the estimated costs shall

  4  be deemed not timely filed. The verified petition relating to

  5  record costs shall contain a sworn statement that the

  6  appellant is insolvent and a complete, detailed, and sworn

  7  financial affidavit showing all the appellant's assets,

  8  liabilities, and income. Failure to state in the affidavit all

  9  assets and income, including marital assets and income, shall

10  be grounds for denying the petition with prejudice. The

11  division shall promulgate rules as may be required pursuant to

12  this subsection, including forms for use in all petitions

13  brought under this subsection. The appellant's attorney, or

14  the appellant if she or he is not represented by an attorney,

15  shall include as a part of the verified petition relating to

16  record costs an affidavit or affirmation that, in her or his

17  opinion, the notice of appeal was filed in good faith and that

18  there is a probable basis for the District Court of Appeal,

19  First District, to find reversible error, and shall state with

20  particularity the specific legal and factual grounds for the

21  opinion. Failure to so affirm shall be grounds for denying the

22  petition. A copy of the verified petition relating to record

23  costs shall be served upon all interested parties, including

24  the division and the Office of the General Counsel, Department

25  of Labor and Employment Security, in Tallahassee. The judge of

26  compensation claims shall promptly conduct a hearing on the

27  verified petition relating to record costs, giving at least 15

28  days' notice to the appellant, the division, and all other

29  interested parties, all of whom shall be parties to the

30  proceedings. The judge of compensation claims may enter an

31  order without such hearing if no objection is filed by an

                                  22

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  interested party within 20 days from the service date of the

  2  verified petition relating to record costs. Such proceedings

  3  shall be conducted in accordance with the provisions of this

  4  section and with the workers' compensation rules of procedure,

  5  to the extent applicable. In the event an insolvency petition

  6  is granted, the judge of compensation claims shall direct the

  7  division to pay record costs and filing fees from the Workers'

  8  Compensation Trust Fund pending final disposition of the costs

  9  of appeal. The division may transcribe or arrange for the

10  transcription of the record in any proceeding for which it is

11  ordered to pay the cost of the record. In the event the

12  insolvency petition is denied, the judge of compensation

13  claims may enter an order requiring the petitioner to

14  reimburse the division for costs incurred in opposing the

15  petition, including investigation and travel expenses.

16         Section 13.  Section 440.271, Florida Statutes, is

17  amended to read:

18         440.271  Appeal of order of judge of compensation

19  claims.--Review of any order of a judge of compensation claims

20  entered pursuant to this chapter shall be by appeal to the

21  District Court of Appeal, First District. To promote

22  consistency and uniformity in the application of this chapter,

23  the District Court of Appeal, First District, shall establish

24  a specialized division to hear all appeals of orders of judges

25  of compensation claims.  The court may structure the division

26  to hear workers' compensation cases exclusively or in addition

27  to other appeals. Appeals shall be filed in accordance with

28  rules of procedure prescribed by the Supreme Court for review

29  of such orders.  The division shall be given notice of any

30  proceedings pertaining to s. 440.25, regarding indigency, or

31

                                  23

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  s. 440.49, regarding the Special Disability Trust Fund, and

  2  shall have the right to intervene in any proceedings.

  3         Section 14.  Paragraph (b) of subsection (3) of section

  4  440.34, Florida Statutes, is amended to read:

  5         440.34  Attorney's fees; costs.--

  6         (3)  If the claimant should prevail in any proceedings

  7  before a judge of compensation claims or court, there shall be

  8  taxed against the employer the reasonable costs of such

  9  proceedings, not to include the attorney's fees of the

10  claimant. A claimant shall be responsible for the payment of

11  her or his own attorney's fees, except that a claimant shall

12  be entitled to recover a reasonable attorney's fee from a

13  carrier or employer:

14         (b)  In any case in which the employer or carrier files

15  a notice of denial or response to petition with the division

16  and the injured person has employed an attorney in the

17  successful prosecution of the claim; or

18

19  In applying the factors set forth in subsection (1) to cases

20  arising under paragraphs (a), (b), (c), and (d), the judge of

21  compensation claims must only consider only such benefits and

22  the time reasonably spent in obtaining them as were secured

23  for the claimant within the scope of paragraphs (a), (b), (c),

24  and (d).

25         Section 15.  Paragraphs (b) and (c) of subsection (1)

26  of section 440.38, Florida Statutes, are amended to read:

27         440.38  Security for compensation; insurance carriers

28  and self-insurers.--

29         (1)  Every employer shall secure the payment of

30  compensation under this chapter:

31

                                  24

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         (b)  By furnishing satisfactory proof to the division

  2  of its financial ability to pay such compensation individually

  3  and on behalf of its subsidiary and affiliated companies with

  4  employees in this state and receiving an authorization from

  5  the division to pay such compensation directly in accordance

  6  with the following provisions:

  7         1.  The division may, as a condition to such

  8  authorization, require an such employer to deposit with in a

  9  depository designated by the division a qualifying security

10  deposit. either an indemnity bond or securities, at the option

11  of the employer, of a kind and in an amount determined by the

12  division and subject to such conditions as The division shall

13  determine the type and amount of the qualifying security

14  deposit and shall may prescribe conditions for the qualifying

15  security deposit, which shall include authorization for to the

16  division to call the qualifying security deposit in the case

17  of default to sell any such securities sufficient to pay

18  compensation awards or to bring suit upon such bonds, to

19  procure prompt payment of compensation under this chapter.  In

20  addition, the division shall require, as a condition to

21  authorization to self-insure, proof that the employer has

22  provided for competent personnel with whom to deliver benefits

23  and to provide a safe working environment.  Further, the

24  division shall require such employer to carry reinsurance at

25  levels that will ensure the actuarial soundness of such

26  employer in accordance with rules promulgated by the division.

27  The division may by rule require that, in the event of an

28  individual self-insurer's insolvency, such qualifying security

29  deposits indemnity bonds, securities, and reinsurance policies

30  shall be payable to the Florida Self-Insurers Guaranty

31  Association, Incorporated, created pursuant to s. 440.385.

                                  25

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  Any employer securing compensation in accordance with the

  2  provisions of this paragraph shall be known as a self-insurer

  3  and shall be classed as a carrier of her or his own insurance.

  4         2.  If the employer fails to maintain the foregoing

  5  requirements, the division shall revoke the employer's

  6  authority to self-insure, unless the employer provides to the

  7  division the certified opinion of an independent actuary who

  8  is a member of the American Society of Actuaries as to the

  9  actuarial present value of the employer's determined and

10  estimated future compensation payments based on cash reserves,

11  using a 4-percent discount rate, and a qualifying security

12  deposit equal to 1.5 times the value so certified. The

13  employer shall thereafter annually provide such a certified

14  opinion until such time as the employer meets the requirements

15  of subparagraph 1.  The qualifying security deposit shall be

16  adjusted at the time of each such annual report.  Upon the

17  failure of the employer to timely provide such opinion or to

18  timely provide a security deposit in an amount equal to 1.5

19  times the value certified in the latest opinion, the division

20  shall then revoke such employer's authorization to

21  self-insure, and such failure shall be deemed to constitute an

22  immediate serious danger to the public health, safety, or

23  welfare sufficient to justify the summary suspension of the

24  employer's authorization to self-insure pursuant to s. 120.68.

25         3.  Upon the suspension or revocation of the employer's

26  authorization to self-insure, the employer shall provide to

27  the division and to the Florida Self-Insurers Guaranty

28  Association, Incorporated, created pursuant to s. 440.385 the

29  certified opinion of an independent actuary who is a member of

30  the American Society of Actuaries of the actuarial present

31  value of the determined and estimated future compensation

                                  26

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  payments of the employer for claims incurred while the member

  2  exercised the privilege of self-insurance, using a discount

  3  rate of 4 percent. The employer shall provide such an opinion

  4  at 6-month intervals thereafter until such time as the latest

  5  opinion shows no remaining value of claims.  With each such

  6  opinion, the employer shall deposit with the division a

  7  qualifying security deposit in an amount equal to the value

  8  certified by the actuary.  The association has a cause of

  9  action against an employer, and against any successor of the

10  employer, who fails to timely provide such opinion or who

11  fails to timely maintain the required security deposit with

12  the division. The association shall recover a judgment in the

13  amount of the actuarial present value of the determined and

14  estimated future compensation payments of the employer for

15  claims incurred while the employer exercised the privilege of

16  self-insurance, together with attorney's fees.  For purposes

17  of this section, the successor of an employer means any

18  person, business entity, or group of persons or business

19  entities, which holds or acquires legal or beneficial title to

20  the majority of the assets or the majority of the shares of

21  the employer.

22         4.  A qualifying security deposit shall consist, at the

23  option of the employer, of:

24         a.  Surety bonds, in a form and containing such terms

25  as prescribed by the division, issued by a corporation surety

26  authorized to transact surety business by the Department of

27  Insurance, and whose policyholders' and financial ratings, as

28  reported in A.M. Best's Insurance Reports, Property-Liability,

29  are not less than "A" and "V", respectively.

30         b.  Certificates of deposit with financial

31  institutions, the deposits of which are insured through the

                                  27

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  Federal Deposit Insurance Corporation or the Federal Savings

  2  and Loan Insurance Corporation.

  3         b.c.  Irrevocable letters of credit in favor of the

  4  division issued by financial institutions located within this

  5  state, the deposits of which are insured through the Federal

  6  Deposit Insurance Corporation described in sub-subparagraph b.

  7         d.  Direct obligations of the United States Treasury

  8  backed by the full faith and credit of the United States.

  9         e.  Securities issued by this state and backed by the

10  full faith and credit of this state.

11         5.  The qualifying security deposit shall be held by

12  the division, or by a depository authorized by the division,

13  exclusively for the benefit of workers' compensation

14  claimants. The security shall not be subject to assignment,

15  execution, attachment, or any legal process whatsoever, except

16  as necessary to guarantee the payment of compensation under

17  this chapter.  No surety bond may be terminated, and no letter

18  of credit other qualifying security may be allowed to expire

19  lapse, without 90 days' prior notice to the division and

20  deposit by the self-insuring employer of some other qualifying

21  security deposit of equal value within 10 business days after

22  such notice. Failure to provide such notice or failure to

23  timely provide qualifying replacement security after such

24  notice shall constitute grounds for the division to call or

25  sue upon the surety bond, or to act with respect to other

26  pledged security in any manner necessary to preserve its value

27  for the purposes intended by this section, including the

28  exercise its of rights under a letter of credit. Current

29  self-insured employers shall comply with this section on or

30  before December 31, 2001, or upon maturity of existing

31  security deposits, whichever occurs later, the sale of any

                                  28

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  security at then prevailing market rates, or the withdrawal of

  2  any funds represented by any certificate of deposit forming

  3  part of the qualifying security deposit. The division may

  4  specify by rule the amount of the qualifying security deposit

  5  required prior to authorizing an employer to self-insure and

  6  the amount of net worth required for an employer to qualify

  7  for authorization to self-insure;

  8         (c)  By entering into a contract with a public utility

  9  under an approved utility-provided self-insurance program as

10  set forth in s. 624.46225 440.571 in effect as of July 1,

11  1983.  The division shall adopt rules to implement this

12  paragraph;

13         Section 16.  Paragraph (c) of subsection (2) of section

14  440.45, Florida Statutes, is amended, paragraph (d) is added

15  to said subsection, and subsection (5) of said section is

16  amended, to read:

17         440.45  Office of the Judges of Compensation Claims.--

18         (2)

19         (c)  Each judge of compensation claims shall be

20  appointed for a term of 4 years, but during the term of office

21  may be removed by the Governor for cause. Prior to the

22  expiration of a judge's term of office, the statewide

23  nominating commission shall review the judge's conduct and

24  determine whether the judge's performance is satisfactory.

25  Effective January 1, 2002, in determining whether a judge's

26  performance is satisfactory, the commission shall consider the

27  extent to which the judge has met the requirements of this

28  chapter, including, but not limited to, the requirements of

29  ss. 440.192(2), 440.25(1) and (4)(a)-(f), 440.34(2), and

30  440.442.  If the commission finds that judges generally are

31  unable to meet a particular statutory requirement for reasons

                                  29

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  beyond their control, the commission shall request the

  2  Legislature to review that particular requirement. If the

  3  judge's performance is deemed satisfactory, the commission

  4  shall report its finding to the Governor no later than 6

  5  months prior to the expiration of the judge's term of office.

  6  The Governor shall review the commission's report and may

  7  reappoint the judge for an additional 4-year term. If the

  8  Governor does not reappoint the judge, the Governor shall

  9  inform the commission. The judge shall remain in office until

10  the Governor has appointed a successor judge in accordance

11  with paragraphs (a) and (b). If a vacancy occurs during a

12  judge's unexpired term, the statewide nominating commission

13  does not find the judge's performance is satisfactory, or the

14  Governor does not reappoint the judge, the Governor shall

15  appoint a successor judge for a term of 4 years in accordance

16  with paragraph (b).

17         (d)  The Governor may appoint any attorney with 5 years

18  of experience in the practice of law in this state to serve as

19  a judge of compensation claims pro hac vice in the absence or

20  disqualification of any full-time judge of compensation claims

21  or to serve temporarily as an additional judge of compensation

22  claims in any area of the state in which the Governor

23  determines that a need exists for such additional judge.

24  However, no attorney so appointed by the Governor shall serve

25  for a period to exceed 120 successive days.

26         (5)  The Office of the Judges of Compensation Claims

27  shall promulgate rules to effect the purposes of this section

28  by November 1, 2001. Such rules shall not be subject to rule

29  challenges under s. 120.56(2) or to drawout proceedings under

30  s. 120.54(3)(c)2. Such rules shall include procedural rules

31  applicable to workers' compensation claim resolution and

                                  30

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  uniform criteria for measuring the performance of the office,

  2  including, but not limited to, the number of cases assigned

  3  and disposed, the age of pending and disposed cases,

  4  timeliness of decisionmaking, extraordinary fee awards, and

  5  the data necessary for the judicial nominating commission to

  6  review the performance of judges as required in paragraph

  7  (2)(c) and other performance indicators. The Office of the

  8  Judges of Compensation Claims shall conform the rules to

  9  legislation enacted by the Legislature. The workers'

10  compensation rules of procedure approved by the Supreme Court

11  shall apply until the rules promulgated by the Office of the

12  Judges of Compensation Claims pursuant to this section become

13  effective.

14         Section 17.  Section 440.593, Florida Statutes, is

15  amended to read:

16         440.593  Electronic reporting.--

17         (1)  The division may establish by rule an electronic

18  reporting system requiring or authorizing whereby an employer

19  or carrier is required to submit required forms, reports, or

20  other information electronically rather than by other means

21  filing otherwise required forms or reports. The division may

22  by rule establish different deadlines for submitting forms,

23  reports, or reporting information to the division, or its

24  authorized agent, via the electronic reporting system than are

25  otherwise required when reporting information by other means.

26         (2)  The division may require any carrier to submit

27  data electronically, either directly or through a third-party

28  vendor, and may require any carrier or vendor submitting data

29  to the division electronically to be certified by the

30  division.  The division may specify performance requirements

31  for any carrier or vendor submitting data electronically.

                                  31

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         (3)  The division may revoke the certification of any

  2  carrier or vendor determined by the division to be in

  3  noncompliance with performance standards prescribed by rule

  4  for electronic submissions.

  5         (4)  The division may assess a civil penalty, not to

  6  exceed $500 for each violation, as prescribed by rule.

  7         (5)  The division is authorized to adopt rules to

  8  implement this section.

  9         Section 18.  Section 489.114, Florida Statutes, is

10  amended to read:

11         489.114  Evidence of workers' compensation

12  coverage.--Except as provided in s. 489.115(5)(d), any person,

13  business organization, or qualifying agent engaged in the

14  business of contracting in this state and certified or

15  registered under this part shall, as a condition precedent to

16  the issuance or renewal of a certificate, registration, or

17  certificate of authority of the contractor, provide to the

18  Construction Industry Licensing Board, as provided by board

19  rule, evidence of workers' compensation coverage pursuant to

20  chapter 440.  In the event that the Division of Workers'

21  Compensation of the Department of Labor and Employment

22  Security receives notice of the cancellation of a policy of

23  workers' compensation insurance insuring a person or entity

24  governed by this section, the Division of Workers'

25  Compensation shall certify and identify all persons or

26  entities by certification or registration license number to

27  the department after verification is made by the Division of

28  Workers' Compensation that such cancellation has occurred or

29  that persons or entities governed by this section are no

30  longer covered by workers' compensation insurance.  Such

31  certification and verification by the Division of Workers'

                                  32

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  Compensation shall result solely from records furnished to the

  2  Division of Workers' Compensation by the persons or entities

  3  governed by this section.  The department shall notify the

  4  persons or entities governed by this section who have been

  5  determined to be in noncompliance with chapter 440, and the

  6  persons or entities notified shall provide certification of

  7  compliance with chapter 440 to the department and pay an

  8  administrative fine as provided by rule.  The failure to

  9  maintain workers' compensation coverage as required by law

10  shall be grounds for the board to revoke, suspend, or deny the

11  issuance or renewal of a certificate, registration, or

12  certificate of authority of the contractor under the

13  provisions of s. 489.129.

14         Section 19.  Paragraph (d) is added to subsection (5)

15  of section 489.115, Florida Statutes, to read:

16         489.115  Certification and registration; endorsement;

17  reciprocity; renewals; continuing education.--

18         (5)

19         (d)  If qualifying for an exemption from workers'

20  compensation coverage requirements under s. 440.05, an

21  applicant for initial issuance of a certificate or

22  registration shall submit as a prerequisite an affidavit

23  attesting to the fact that the applicant will obtain an

24  exemption within 30 days after the date the initial

25  certificate or registration is issued by the board.

26         Section 20.  Section 489.510, Florida Statutes, is

27  amended to read:

28         489.510  Evidence of workers' compensation

29  coverage.--Except as provided in s. 489.515(3)(b), any person,

30  business organization, or qualifying agent engaged in the

31  business of contracting in this state and certified or

                                  33

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  registered under this part shall, as a condition precedent to

  2  the issuance or renewal of a certificate or registration of

  3  the contractor, provide to the Electrical Contractors'

  4  Licensing Board, as provided by board rule, evidence of

  5  workers' compensation coverage pursuant to chapter 440.  In

  6  the event that the Division of Workers' Compensation of the

  7  Department of Labor and Employment Security receives notice of

  8  the cancellation of a policy of workers' compensation

  9  insurance insuring a person or entity governed by this

10  section, the Division of Workers' Compensation shall certify

11  and identify all persons or entities by certification or

12  registration license number to the department after

13  verification is made by the Division of Workers' Compensation

14  that such cancellation has occurred or that persons or

15  entities governed by this section are no longer covered by

16  workers' compensation insurance.  Such certification and

17  verification by the Division of Workers' Compensation shall

18  result solely from records furnished to the Division of

19  Workers' Compensation by the persons or entities governed by

20  this section. The department shall notify the persons or

21  entities governed by this section who have been determined to

22  be in noncompliance with chapter 440, and the persons or

23  entities notified shall provide certification of compliance

24  with chapter 440 to the department and pay an administrative

25  fine as provided by rule.  The failure to maintain workers'

26  compensation coverage as required by law shall be grounds for

27  the board to revoke, suspend, or deny the issuance or renewal

28  of a certificate or registration of the contractor under the

29  provisions of s. 489.533.

30         Section 21.  Subsection (3) of section 489.515, Florida

31  Statutes, is amended to read:

                                  34

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         489.515  Issuance of certificates; registrations.--

  2         (3)(a)  As a prerequisite to the initial issuance or

  3  the renewal of a certificate or registration, the applicant

  4  shall submit an affidavit on a form provided by the board

  5  attesting to the fact that the applicant has obtained both

  6  workers' compensation insurance or an acceptable exemption

  7  certificate issued by the department and public liability and

  8  property damage insurance for the health, safety, and welfare

  9  of the public in amounts determined by rule of the board. The

10  board shall by rule establish a procedure to verify the

11  accuracy of such affidavits based upon a random audit method.

12         (b)  If qualifying for an exemption from workers'

13  compensation coverage requirements under s. 440.05, an

14  applicant for initial issuance of a certificate or

15  registration shall submit as a prerequisite an affidavit

16  attesting to the fact that the applicant will obtain an

17  exemption within 30 days after the date the initial

18  certificate or registration is issued by the board.

19         Section 22.  Paragraph (p) of subsection (4) of section

20  627.311, Florida Statutes, is amended to read:

21         627.311  Joint underwriters and joint reinsurers.--

22         (4)

23         (p)  Neither the plan nor any member of the board of

24  governors is liable for monetary damages to any person for any

25  statement, vote, decision, or failure to act, regarding the

26  management or policies of the plan, unless:

27         1.  The member breached or failed to perform her or his

28  duties as a member; and

29         2.  The member's breach of, or failure to perform,

30  duties constitutes:

31

                                  35

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         a.  A violation of the criminal law, unless the member

  2  had reasonable cause to believe her or his conduct was not

  3  unlawful. A judgment or other final adjudication against a

  4  member in any criminal proceeding for violation of the

  5  criminal law estops that member from contesting the fact that

  6  her or his breach, or failure to perform, constitutes a

  7  violation of the criminal law; but does not estop the member

  8  from establishing that she or he had reasonable cause to

  9  believe that her or his conduct was lawful or had no

10  reasonable cause to believe that her or his conduct was

11  unlawful;

12         b.  A transaction from which the member derived an

13  improper personal benefit, either directly or indirectly; or

14         c.  Recklessness or any act or omission that was

15  committed in bad faith or with malicious purpose or in a

16  manner exhibiting wanton and willful disregard of human

17  rights, safety, or property. For purposes of this

18  sub-subparagraph, the term "recklessness" means the acting, or

19  omission to act, in conscious disregard of a risk:

20         (I)  Known, or so obvious that it should have been

21  known, to the member; and

22         (II)  Known to the member, or so obvious that it should

23  have been known, to be so great as to make it highly probable

24  that harm would follow from such act or omission.

25         Section 23.  Effective July 1, 2001, section 627.914,

26  Florida Statutes, is amended to read:

27         627.914  Reports of information by workers'

28  compensation insurers required.--

29         (1)  The department shall promulgate rules and

30  statistical plans which shall thereafter be used by each

31  insurer and self-insurance fund as defined in s. 624.461 in

                                  36

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  the recording and reporting of loss, expense, and claims

  2  experience, in order that the experience of all insurers and

  3  self-insurance funds self-insurers may be made available at

  4  least annually in such form and detail as may be necessary to

  5  aid the department in determining whether Florida experience

  6  for workers' compensation insurance is sufficient for

  7  establishing rates.

  8         (2)  Any insurer authorized to write a policy of

  9  workers' compensation insurance shall transmit the following

10  information to the department each year with its annual

11  report, and such information shall be reported on a net basis

12  with respect to reinsurance for nationwide experience and on a

13  direct basis for Florida experience:

14         (a)  Premiums written;

15         (b)  Premiums earned;

16         (c)  Dividends paid or credited to policyholders;

17         (d)  Losses paid;

18         (e)  Allocated loss adjustment expenses;

19         (f)  The ratio of allocated loss adjustment expenses to

20  losses paid;

21         (g)  Unallocated loss adjustment expenses;

22         (h)  The ratio of unallocated loss adjustment expenses

23  to losses paid;

24         (i)  The total of losses paid and unallocated and

25  allocated loss adjustment expenses;

26         (j)  The ratio of losses paid and unallocated and

27  allocated loss adjustment expenses to premiums earned;

28         (k)  The number of claims outstanding as of December 31

29  of each year;

30         (l)  The total amount of losses unpaid as of December

31  31 of each year;

                                  37

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         (m)  The total amount of allocated and unallocated loss

  2  adjustment expenses unpaid as of December 31 of each year; and

  3         (n)  The total of losses paid and allocated loss

  4  adjustment expenses and unallocated loss adjustment expenses,

  5  plus the total of losses unpaid as of December 31 of each year

  6  and loss adjustment expenses unpaid as of December 31 of each

  7  year.

  8         (3)  A report of the information required in subsection

  9  (2) shall be filed no later than April 1 of each year and

10  shall include the information for the preceding year ending

11  December 31. All reports shall be on a calendar-accident year

12  basis, and each calendar-accident year shall be reported at

13  eight stages of development.

14         (2)(4)  Each insurer and self-insurance fund authorized

15  to write a policy of workers' compensation insurance shall

16  transmit the following information for paragraphs (a), (b),

17  (d), and (e) annually on both Florida experience and

18  nationwide experience separately:

19         (a)  Payrolls by classification.

20         (b)  Manual premiums by classification.

21         (c)  Standard premiums by classification.

22         (d)  Losses by classification and injury type.

23         (e)  Expenses.

24

25  A report of this information shall be filed no later than July

26  April 1 of each year.  All reports shall be filed in

27  accordance with standard reporting procedures for insurers,

28  which procedures have received approval by the department, and

29  shall contain data for the most recent policy period

30  available.  A statistical or rating organization may be used

31  by insurers and self-insurnace funds to report the data

                                  38

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1  required by this section.  The statistical or rating

  2  organization shall report each data element in the aggregate

  3  only for insurers and self-insurance funds required to report

  4  under this section who elect to have the rating organization

  5  report on their behalf. Such insurers and self-insurance funds

  6  shall be named in the report.

  7         (3)(5)  Individual self-insurers as defined authorized

  8  to transact workers' compensation insurance as provided in s.

  9  440.02 shall report only Florida data as prescribed in

10  paragraphs (a)-(e) of subsection (2) (4) to the Division of

11  Workers' Compensation of the Department of Labor and

12  Employment Security.

13         (a)  The Division of Workers' Compensation shall

14  publish the dates and forms necessary to enable individual

15  self-insurers to comply with this section.

16         (b)  The Division of Workers' Compensation shall report

17  the information collected under this section to the Department

18  of Insurance in a manner prescribed by the department.

19         (b)(c)  A statistical or rating organization may be

20  used by individual self-insurers for the purposes of reporting

21  the data required by this section and calculating experience

22  ratings.

23         (4)(6)  The department shall provide a summary of

24  information provided pursuant to subsection subsections (2)

25  and (4) in its annual report.

26         Section 24.  Effective January 1, 2002, paragraph (e)

27  of subsection (2) of section 440.49, Florida Statutes, is

28  amended to read:

29         440.49  Limitation of liability for subsequent injury

30  through Special Disability Trust Fund.--

31         (2)  DEFINITIONS.--As used in this section, the term:

                                  39

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






    Florida House of Representatives - 2001                HB 1803

    200-548-01






  1         (e)  "Administrator" means the entity selected by the

  2  commission to review, allow, deny, compromise, controvert, and

  3  litigate claims of the Special Disability Trust Fund.

  4

  5  In addition to the definitions contained in this subsection,

  6  the division may by rule prescribe definitions that are

  7  necessary for the effective administration of this section.

  8         Section 25.  Subsection (3) of section 440.45, Florida

  9  Statutes, and subsection (2) of section 440.59, Florida

10  Statutes, are repealed.

11         Section 26.  Effective January 1, 2002, paragraphs (f)

12  and (g) of subsection (2) and subsections (13) and (14) of

13  section 440.49, Florida Statutes, are repealed.

14         Section 27.  Except as otherwise provided herein, this

15  act shall take effect October 1, 2001.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Revises workers' compensation provisions. See bill for
20    details.

21

22

23

24

25

26

27

28

29

30

31

                                  40

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