SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
CHAMBER ACTION
Senate House
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11 Senator King moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (8) of section 61.14, Florida
18 Statutes, is amended to read:
19 61.14 Enforcement and modification of support,
20 maintenance, or alimony agreements or orders.--
21 (8)(a) When reviewing and approving any lump-sum
22 settlement under s. 440.20(11)(a) and (b), a judge of
23 compensation claims must consider whether the settlement
24 serves the interests of the worker and the worker's family,
25 including, but not limited to, whether the settlement provides
26 for appropriate recovery of any child-support arrearage.
27 (b) In accordance with Notwithstanding the provisions
28 of s. 440.22, any compensation due or that may become due an
29 employee under chapter 440 is exempt from garnishment,
30 attachment, execution, and assignment of income, except for
31 the purposes of enforcing child or spousal support
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1 obligations.
2 Section 2. Paragraph (a) of subsection (2) of section
3 61.30, Florida Statutes, is amended to read:
4 61.30 Child support guidelines; retroactive child
5 support.--
6 (2) Income shall be determined on a monthly basis for
7 the obligor and for the obligee as follows:
8 (a) Gross income shall include, but is not limited to,
9 the following items:
10 1. Salary or wages.
11 2. Bonuses, commissions, allowances, overtime, tips,
12 and other similar payments.
13 3. Business income from sources such as
14 self-employment, partnership, close corporations, and
15 independent contracts. "Business income" means gross receipts
16 minus ordinary and necessary expenses required to produce
17 income.
18 4. Disability benefits.
19 5. All workers' worker's compensation benefits and
20 settlements.
21 6. Unemployment compensation.
22 7. Pension, retirement, or annuity payments.
23 8. Social security benefits.
24 9. Spousal support received from a previous marriage
25 or court ordered in the marriage before the court.
26 10. Interest and dividends.
27 11. Rental income, which is gross receipts minus
28 ordinary and necessary expenses required to produce the
29 income.
30 12. Income from royalties, trusts, or estates.
31 13. Reimbursed expenses or in kind payments to the
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1 extent that they reduce living expenses.
2 14. Gains derived from dealings in property, unless
3 the gain is nonrecurring.
4 Section 3. Paragraph (b) of subsection (1) and
5 subsection (4) of section 112.3145, Florida Statutes, are
6 amended to read:
7 112.3145 Disclosure of financial interests and clients
8 represented before agencies.--
9 (1) For purposes of this section, unless the context
10 otherwise requires, the term:
11 (b) "Specified state employee" means:
12 1. Public counsel created by chapter 350, an assistant
13 state attorney, an assistant public defender, a full-time
14 state employee who serves as counsel or assistant counsel to
15 any state agency, the Deputy Chief Judge of Compensation
16 Claims, a judge of compensation claims, an administrative law
17 judge, or a hearing officer.
18 2. Any person employed in the office of the Governor
19 or in the office of any member of the Cabinet if that person
20 is exempt from the Career Service System, except persons
21 employed in clerical, secretarial, or similar positions.
22 3. Each appointed secretary, assistant secretary,
23 deputy secretary, executive director, assistant executive
24 director, or deputy executive director of each state
25 department, commission, board, or council; unless otherwise
26 provided, the division director, assistant division director,
27 deputy director, bureau chief, and assistant bureau chief of
28 any state department or division; or any person having the
29 power normally conferred upon such persons, by whatever title.
30 4. The superintendent or institute director of a state
31 mental health institute established for training and research
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1 in the mental health field or the warden or director of any
2 major state institution or facility established for
3 corrections, training, treatment, or rehabilitation.
4 5. Business managers, purchasing agents having the
5 power to make any purchase exceeding the threshold amount
6 provided for in s. 287.017 for CATEGORY ONE, finance and
7 accounting directors, personnel officers, or grants
8 coordinators for any state agency.
9 6. Any person, other than a legislative assistant
10 exempted by the presiding officer of the house by which the
11 legislative assistant is employed, who is employed in the
12 legislative branch of government, except persons employed in
13 maintenance, clerical, secretarial, or similar positions.
14 7. Each employee of the Commission on Ethics.
15 (4) Each elected constitutional officer, state
16 officer, local officer, and specified state employee shall
17 file a quarterly report of the names of clients represented
18 for a fee or commission, except for appearances in ministerial
19 matters, before agencies at his or her level of government.
20 For the purposes of this part, agencies of government shall be
21 classified as state-level agencies or agencies below state
22 level. Each local officer shall file such report with the
23 supervisor of elections of the county in which the officer is
24 principally employed or is a resident. Each state officer,
25 elected constitutional officer, and specified state employee
26 shall file such report with the commission. The report shall
27 be filed only when a reportable representation is made during
28 the calendar quarter and shall be filed no later than the last
29 day of each calendar quarter, for the previous calendar
30 quarter. Representation before any agency shall be deemed to
31 include representation by such officer or specified state
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1 employee or by any partner or associate of the professional
2 firm of which he or she is a member and of which he or she has
3 actual knowledge. For the purposes of this subsection, the
4 term "representation before any agency" does not include
5 appearances before any court or the Deputy Chief Judge Judges
6 of Compensation Claims or judges of compensation claims or
7 representations on behalf of one's agency in one's official
8 capacity. Such term does not include the preparation and
9 filing of forms and applications merely for the purpose of
10 obtaining or transferring a license based on a quota or a
11 franchise of such agency or a license or operation permit to
12 engage in a profession, business, or occupation, so long as
13 the issuance or granting of such license, permit, or transfer
14 does not require substantial discretion, a variance, a special
15 consideration, or a certificate of public convenience and
16 necessity.
17 Section 4. Subsection (1) of section 120.65, Florida
18 Statutes, is amended to read:
19 120.65 Administrative law judges.--
20 (1) The Division of Administrative Hearings within the
21 Department of Management Services shall be headed by a
22 director who shall be appointed by the Administration
23 Commission and confirmed by the Senate. The director, who
24 shall also serve as the chief administrative law judge, and
25 any deputy chief administrative law judge must possess the
26 same minimum qualifications as the administrative law judges
27 employed by the division. The Deputy Chief Judge of
28 Compensation Claims must possess the minimum qualifications
29 established in s. 440.45(2) and shall report to the director.
30 The division shall be a separate budget entity, and the
31 director shall be its agency head for all purposes. The
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1 Department of Management Services shall provide administrative
2 support and service to the division to the extent requested by
3 the director. The division shall not be subject to control,
4 supervision, or direction by the Department of Management
5 Services in any manner, including, but not limited to,
6 personnel, purchasing, transactions involving real or personal
7 property, and budgetary matters.
8 Section 5. Paragraph (i) of subsection (1) of section
9 121.055, Florida Statutes, is amended to read:
10 121.055 Senior Management Service Class.--There is
11 hereby established a separate class of membership within the
12 Florida Retirement System to be known as the "Senior
13 Management Service Class," which shall become effective
14 February 1, 1987.
15 (1)
16 (i)1. Except as provided in subparagraph 2., effective
17 July 1, 1999, participation in the Senior Management Service
18 Class is compulsory for any member of the Florida Retirement
19 System who is employed as the Deputy Chief Judge of
20 Compensation Claims or as a judge of compensation claims with
21 the Office of the Judges of Compensation Claims within the
22 Division of Administrative Hearings Department of Labor and
23 Employment Security.
24 2. In lieu of participating in the Senior Management
25 Service Class, the Deputy Chief Judge of Compensation Claims
26 or a judge of compensation claims may participate in the
27 Senior Management Service Optional Annuity Program established
28 under subsection (6).
29 Section 6. Paragraph (e) of subsection (3) of section
30 381.004, Florida Statutes, is amended to read:
31 381.004 HIV testing.--
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1 (3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
2 CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--
3 (e) Except as provided in this section, the identity
4 of any person upon whom a test has been performed and test
5 results are confidential and exempt from the provisions of s.
6 119.07(1). No person who has obtained or has knowledge of a
7 test result pursuant to this section may disclose or be
8 compelled to disclose the identity of any person upon whom a
9 test is performed, or the results of such a test in a manner
10 which permits identification of the subject of the test,
11 except to the following persons:
12 1. The subject of the test or the subject's legally
13 authorized representative.
14 2. Any person, including third-party payors,
15 designated in a legally effective release of the test results
16 executed prior to or after the test by the subject of the test
17 or the subject's legally authorized representative. The test
18 subject may in writing authorize the disclosure of the test
19 subject's HIV test results to third party payors, who need not
20 be specifically identified, and to other persons to whom the
21 test subject subsequently issues a general release of medical
22 information. A general release without such prior written
23 authorization is not sufficient to release HIV test results.
24 3. An authorized agent or employee of a health
25 facility or health care provider if the health facility or
26 health care provider itself is authorized to obtain the test
27 results, the agent or employee participates in the
28 administration or provision of patient care or handles or
29 processes specimens of body fluids or tissues, and the agent
30 or employee has a need to know such information. The
31 department shall adopt a rule defining which persons have a
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1 need to know pursuant to this subparagraph.
2 4. Health care providers consulting between themselves
3 or with health care facilities to determine diagnosis and
4 treatment. For purposes of this subparagraph, health care
5 providers shall include licensed health care professionals
6 employed by or associated with state, county, or municipal
7 detention facilities when such health care professionals are
8 acting exclusively for the purpose of providing diagnoses or
9 treatment of persons in the custody of such facilities.
10 5. The department, in accordance with rules for
11 reporting and controlling the spread of disease, as otherwise
12 provided by state law.
13 6. A health facility or health care provider which
14 procures, processes, distributes, or uses:
15 a. A human body part from a deceased person, with
16 respect to medical information regarding that person; or
17 b. Semen provided prior to July 6, 1988, for the
18 purpose of artificial insemination.
19 7. Health facility staff committees, for the purposes
20 of conducting program monitoring, program evaluation, or
21 service reviews pursuant to chapters 395 and 766.
22 8. Authorized medical or epidemiological researchers
23 who may not further disclose any identifying characteristics
24 or information.
25 9. A person allowed access by a court order which is
26 issued in compliance with the following provisions:
27 a. No court of this state shall issue such order
28 unless the court finds that the person seeking the test
29 results has demonstrated a compelling need for the test
30 results which cannot be accommodated by other means. In
31 assessing compelling need, the court shall weigh the need for
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1 disclosure against the privacy interest of the test subject
2 and the public interest which may be disserved by disclosure
3 which deters blood, organ, and semen donation and future human
4 immunodeficiency virus-related testing or which may lead to
5 discrimination. This paragraph shall not apply to blood bank
6 donor records.
7 b. Pleadings pertaining to disclosure of test results
8 shall substitute a pseudonym for the true name of the subject
9 of the test. The disclosure to the parties of the subject's
10 true name shall be communicated confidentially in documents
11 not filed with the court.
12 c. Before granting any such order, the court shall
13 provide the individual whose test result is in question with
14 notice and a reasonable opportunity to participate in the
15 proceedings if he or she is not already a party.
16 d. Court proceedings as to disclosure of test results
17 shall be conducted in camera, unless the subject of the test
18 agrees to a hearing in open court or unless the court
19 determines that a public hearing is necessary to the public
20 interest and the proper administration of justice.
21 e. Upon the issuance of an order to disclose test
22 results, the court shall impose appropriate safeguards against
23 unauthorized disclosure which shall specify the persons who
24 may have access to the information, the purposes for which the
25 information shall be used, and appropriate prohibitions on
26 future disclosure.
27 10. A person allowed access by order of a judge of
28 compensation claims of the Division of Administrative Hearings
29 Workers' Compensation of the Department of Labor and
30 Employment Security. A judge of compensation claims shall not
31 issue such order unless he or she finds that the person
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1 seeking the test results has demonstrated a compelling need
2 for the test results which cannot be accommodated by other
3 means.
4 11. Those employees of the department or of
5 child-placing or child-caring agencies or of family foster
6 homes, licensed pursuant to s. 409.175, who are directly
7 involved in the placement, care, control, or custody of such
8 test subject and who have a need to know such information;
9 adoptive parents of such test subject; or any adult custodian,
10 any adult relative, or any person responsible for the child's
11 welfare, if the test subject was not tested under subparagraph
12 (b)2. and if a reasonable attempt has been made to locate and
13 inform the legal guardian of a test result. The department
14 shall adopt a rule to implement this subparagraph.
15 12. Those employees of residential facilities or of
16 community-based care programs that care for developmentally
17 disabled persons, pursuant to chapter 393, who are directly
18 involved in the care, control, or custody of such test subject
19 and who have a need to know such information.
20 13. A health care provider involved in the delivery of
21 a child can note the mother's HIV test results in the child's
22 medical record.
23 14. Medical personnel or nonmedical personnel who have
24 been subject to a significant exposure during the course of
25 medical practice or in the performance of professional duties,
26 or individuals who are the subject of the significant exposure
27 as provided in subparagraphs (h)10., 11., and 13.
28 15. The medical examiner shall disclose positive HIV
29 test results to the department in accordance with rules for
30 reporting and controlling the spread of disease.
31 Section 7. Subsection (4), paragraph (d) of subsection
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1 (14), and paragraph (c) of subsection (16) of section 440.02,
2 Florida Statutes, are amended to read:
3 440.02 Definitions.--When used in this chapter, unless
4 the context clearly requires otherwise, the following terms
5 shall have the following meanings:
6 (4) "Casual" as used in this section refers shall be
7 taken to refer only to employments for when the work that is
8 anticipated contemplated is to be completed in not exceeding
9 10 working days or less, without regard to the number of
10 persons employed, and at a when the total labor cost of such
11 work is less than $500 $100.
12 (14)
13 (d) "Employee" does not include:
14 1. An independent contractor, if:
15 a. The independent contractor maintains a separate
16 business with his or her own work facility, truck, equipment,
17 materials, or similar accommodations;
18 b. The independent contractor holds or has applied for
19 a federal employer identification number, unless the
20 independent contractor is a sole proprietor who is not
21 required to obtain a federal employer identification number
22 under state or federal requirements;
23 c. The independent contractor performs or agrees to
24 perform specific services or work for specific amounts of
25 money and controls the means of performing the services or
26 work;
27 d. The independent contractor incurs the principal
28 expenses related to the service or work that he or she
29 performs or agrees to perform;
30 e. The independent contractor is responsible for the
31 satisfactory completion of work or services that he or she
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1 performs or agrees to perform and is or could be held liable
2 for a failure to complete the work or services;
3 f. The independent contractor receives compensation
4 for work or services performed for a commission or on a
5 per-job or competitive-bid basis and not on any other basis;
6 g. The independent contractor may realize a profit or
7 suffer a loss in connection with performing work or services;
8 h. The independent contractor has continuing or
9 recurring business liabilities or obligations; and
10 i. The success or failure of the independent
11 contractor's business depends on the relationship of business
12 receipts to expenditures.
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14 However, the determination as to whether an individual
15 included in the Standard Industrial Classification Manual of
16 1987, Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762,
17 0781, 0782, 0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436,
18 2448, or 2449, or a newspaper delivery person, is an
19 independent contractor is governed not by the criteria in this
20 paragraph but by common-law principles, giving due
21 consideration to the business activity of the individual.
22 2. A real estate salesperson or agent, if that person
23 agrees, in writing, to perform for remuneration solely by way
24 of commission.
25 3. Bands, orchestras, and musical and theatrical
26 performers, including disk jockeys, performing in licensed
27 premises as defined in chapter 562, if a written contract
28 evidencing an independent contractor relationship is entered
29 into before the commencement of such entertainment.
30 4. An owner-operator of a motor vehicle who transports
31 property under a written contract with a motor carrier which
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1 evidences a relationship by which the owner-operator assumes
2 the responsibility of an employer for the performance of the
3 contract, if the owner-operator is required to furnish the
4 necessary motor vehicle equipment and all costs incidental to
5 the performance of the contract, including, but not limited
6 to, fuel, taxes, licenses, repairs, and hired help; and the
7 owner-operator is paid a commission for transportation service
8 and is not paid by the hour or on some other time-measured
9 basis.
10 5. A person whose employment is both casual and not in
11 the course of the trade, business, profession, or occupation
12 of the employer.
13 6. A volunteer, except a volunteer worker for the
14 state or a county, municipality, or other governmental entity.
15 A person who does not receive monetary remuneration for
16 services is presumed to be a volunteer unless there is
17 substantial evidence that a valuable consideration was
18 intended by both employer and employee. For purposes of this
19 chapter, the term "volunteer" includes, but is not limited to:
20 a. Persons who serve in private nonprofit agencies and
21 who receive no compensation other than expenses in an amount
22 less than or equivalent to the standard mileage and per diem
23 expenses provided to salaried employees in the same agency or,
24 if such agency does not have salaried employees who receive
25 mileage and per diem, then such volunteers who receive no
26 compensation other than expenses in an amount less than or
27 equivalent to the customary mileage and per diem paid to
28 salaried workers in the community as determined by the
29 division; and
30 b. Volunteers participating in federal programs
31 established under Pub. L. No. 93-113.
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1 7. Any officer of a corporation who elects to be
2 exempt from this chapter.
3 8. A sole proprietor or officer of a corporation who
4 actively engages in the construction industry, and a partner
5 in a partnership that is actively engaged in the construction
6 industry, who elects to be exempt from the provisions of this
7 chapter. Such sole proprietor, officer, or partner is not an
8 employee for any reason until the notice of revocation of
9 election filed pursuant to s. 440.05 is effective.
10 9. An exercise rider who does not work for a single
11 horse farm or breeder, and who is compensated for riding on a
12 case-by-case basis, provided a written contract is entered
13 into prior to the commencement of such activity which
14 evidences that an employee/employer relationship does not
15 exist.
16 10. A taxicab, limousine, or other passenger
17 vehicle-for-hire driver who operates said vehicles pursuant to
18 a written agreement with a company which provides any
19 dispatch, marketing, insurance, communications, or other
20 services under which the driver and any fees or charges paid
21 by the driver to the company for such services are not
22 conditioned upon, or expressed as a proportion of, fare
23 revenues.
24 11. A person who performs services as a sports
25 official for an entity sponsoring an interscholastic sports
26 event or for a public entity or private, nonprofit
27 organization that sponsors an amateur sports event. For
28 purposes of this subparagraph, such a person is an independent
29 contractor. For purposes of this subparagraph, the term
30 "sports official" means any person who is a neutral
31 participant in a sports event, including, but not limited to,
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1 umpires, referees, judges, linespersons, scorekeepers, or
2 timekeepers. This subparagraph does not apply to any person
3 employed by a district school board who serves as a sports
4 official as required by the employing school board or who
5 serves as a sports official as part of his or her
6 responsibilities during normal school hours.
7 (16)
8 (c) "Employment" does not include service performed by
9 or as:
10 1. Domestic servants in private homes.
11 2. Agricultural labor performed on a farm in the
12 employ of a bona fide farmer, or association of farmers, that
13 who employs 5 or fewer regular employees and that who employs
14 fewer than 12 other employees at one time for seasonal
15 agricultural labor that is completed in less than 30 days,
16 provided such seasonal employment does not exceed 45 days in
17 the same calendar year. The term "farm" includes stock, dairy,
18 poultry, fruit, fur-bearing animals, fish, and truck farms,
19 ranches, nurseries, and orchards. The term "agricultural
20 labor" includes field foremen, timekeepers, checkers, and
21 other farm labor supervisory personnel.
22 3. Professional athletes, such as professional boxers,
23 wrestlers, baseball, football, basketball, hockey, polo,
24 tennis, jai alai, and similar players, and motorsports teams
25 competing in a motor racing event as defined in s. 549.08.
26 4. Labor under a sentence of a court to perform
27 community services as provided in s. 316.193.
28 5. State prisoners or county inmates, except those
29 performing services for private employers or those enumerated
30 in s. 948.03(8)(a).
31 Section 8. Subsection (2) of section 440.09, Florida
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1 Statutes, is amended to read:
2 440.09 Coverage.--
3 (2) Benefits are not payable in respect of the
4 disability or death of any employee covered by the Federal
5 Employer's Liability Act, the Longshoremen's and Harbor
6 Worker's Compensation Act, the Defense Base Act, or the Jones
7 Act.
8 Section 9. Section 440.1025, Florida Statutes, is
9 created to read:
10 440.1025 Consideration of public employer workplace
11 safety program in rate-setting; program requirements;
12 rulemaking.--For a public employer to be eligible for receipt
13 of specific identifiable consideration under s. 627.0915 for a
14 workplace safety program in the setting of rates, the public
15 employer must have a workplace safety program. At a minimum,
16 the program must include a written safety policy and safety
17 rules, and make provision for safety inspections, preventative
18 maintenance, safety training, first-aid, accident
19 investigation, and necessary record keeping. For purposes of
20 this section, "public employer" means "any agency within
21 state, county, or municipal government employing individuals
22 for salary, wages, or other remuneration." The Division may
23 promulgate rules for insurers to utilize in determining public
24 employer compliance with the requirements of this section.
25 Section 10. Paragraph (b) of subsection (3) of section
26 440.105, Florida Statutes, is amended to read:
27 440.105 Prohibited activities; reports; penalties;
28 limitations.--
29 (3) Whoever violates any provision of this subsection
30 commits a misdemeanor of the first degree, punishable as
31 provided in s. 775.082 or s. 775.083.
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1 (b) It is shall be unlawful for any attorney or other
2 person, in his or her individual capacity or in his or her
3 capacity as a public or private employee, or for any firm,
4 corporation, partnership, or association to receive any fee or
5 other consideration or any gratuity from a person on account
6 of services rendered for a person in connection with any
7 proceedings arising under this chapter, unless such fee,
8 consideration, or gratuity is approved by a judge of
9 compensation claims or by the Deputy Chief Judge of
10 Compensation Claims.
11 Section 11. Subsection (1) of section 440.12, Florida
12 Statutes, is amended to read:
13 440.12 Time for commencement and limits on weekly rate
14 of compensation.--
15 (1) No compensation shall be allowed for the first 7
16 days of the disability, except benefits provided for in s.
17 440.13. However, if the injury results in disability of more
18 than 21 days, compensation shall be allowed from the
19 commencement of the disability. All weekly compensation
20 payments, except for the first payment, shall be paid by check
21 or, if authorized by the employee, deposited directly into the
22 employee's account at a financial institution. As used in this
23 subsection, the term "financial institution" means a financial
24 institution as defined in s. 655.005(1)(h).
25 Section 12. Paragraph (a) of subsection (3) and
26 paragraphs (b) and (c) of subsection (4) of section 440.13,
27 Florida Statutes, are amended, and paragraph (f) is added to
28 subsection (2) of that section, to read:
29 440.13 Medical services and supplies; penalty for
30 violations; limitations.--
31 (2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--
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1 (f) Upon the written request of the employee, the
2 carrier shall give the employee the opportunity for one change
3 of physician during the course of treatment for any one
4 accident. The employee shall be entitled to select another
5 physician from among not fewer than three carrier-authorized
6 physicians who are not professionally affiliated.
7 (3) PROVIDER ELIGIBILITY; AUTHORIZATION.--
8 (a) As a condition to eligibility for payment under
9 this chapter, a health care provider who renders services must
10 be a certified health care provider and must receive
11 authorization from the carrier before providing treatment.
12 This paragraph does not apply to emergency care. The division
13 shall adopt rules to implement the certification of health
14 care providers. As a one-time prerequisite to obtaining
15 certification, the division shall require each physician to
16 demonstrate proof of completion of a minimum 5-hour course
17 that covers the subject areas of cost containment, utilization
18 control, ergonomics, and the practice parameters adopted by
19 the division governing the physician's field of practice. The
20 division shall coordinate with the Agency for Health Care
21 Administration, the Florida Medical Association, the Florida
22 Osteopathic Medical Association, the Florida Chiropractic
23 Association, the Florida Podiatric Medical Association, the
24 Florida Optometric Association, the Florida Dental
25 Association, and other health professional organizations and
26 their respective boards as deemed necessary by the Agency for
27 Health Care Administration in complying with this subsection.
28 No later than October 1, 1994, the division shall adopt rules
29 regarding the criteria and procedures for approval of courses
30 and the filing of proof of completion by the physicians.
31 (4) NOTICE OF TREATMENT TO CARRIER; FILING WITH
18
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1 DIVISION.--
2 (b) Upon the request of the Division of Workers'
3 Compensation, each medical report or bill obtained or received
4 by the employer, the carrier, or the injured employee, or the
5 attorney for the employer, carrier, or injured employee, with
6 respect to the remedial treatment, or care, and attendance of
7 the injured employee, including any report of an examination,
8 diagnosis, or disability evaluation, must be filed with the
9 Division of Workers' Compensation pursuant to rules adopted by
10 the division. The health care provider shall also furnish to
11 the injured employee or to his or her attorney, on demand, a
12 copy of his or her office chart, records, and reports, and may
13 charge the injured employee an amount authorized by the
14 division for the copies. Each such health care provider shall
15 provide to the division any additional information about the
16 remedial treatment, care, and attendance which that the
17 division reasonably requests.
18 (c) It is the policy for the administration of the
19 workers' compensation system that there be reasonable access
20 to medical information by all parties to facilitate the
21 self-executing features of the law. Notwithstanding the
22 limitations in s. 456.057 and subject to the limitations in s.
23 381.004, upon the request of the employer, the carrier, an
24 authorized qualified rehabilitation provider, or the attorney
25 for the employer or carrier either of them, the medical
26 records of an injured employee must be furnished to those
27 persons and the medical condition of the injured employee must
28 be discussed with those persons, if the records and the
29 discussions are restricted to conditions relating to the
30 workplace injury. Any such discussions may be held before or
31 after the filing of a claim without the knowledge, consent, or
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1 presence of any other party or his or her agent or
2 representative. A health care provider who willfully refuses
3 to provide medical records or to discuss the medical condition
4 of the injured employee, after a reasonable request is made
5 for such information pursuant to this subsection, shall be
6 subject by the division to one or more of the penalties set
7 forth in paragraph (8)(b).
8 Section 13. Paragraphs (a) and (b) of subsection (2)
9 of section 440.134, Florida Statutes, are amended to read:
10 440.134 Workers' compensation managed care
11 arrangement.--
12 (2)(a)(b) Effective January 1, 1997, The employer may
13 shall, subject to the terms and limitations specified
14 elsewhere in this section and chapter, furnish to the employee
15 solely through managed care arrangements such medically
16 necessary remedial treatment, care, and attendance for such
17 period as the nature of the injury or the process of recovery
18 requires.
19 (b)(a) The agency shall authorize an insurer to offer
20 or utilize a workers' compensation managed care arrangement
21 after the insurer files a completed application along with the
22 payment of a $1,000 application fee, and upon the agency's
23 being satisfied that the applicant has the ability to provide
24 quality of care consistent with the prevailing professional
25 standards of care and the insurer and its workers'
26 compensation managed care arrangement otherwise meets the
27 requirements of this section. No insurer may offer or utilize
28 a managed care arrangement without such authorization. The
29 authorization, unless sooner suspended or revoked, shall
30 automatically expire 2 years after the date of issuance unless
31 renewed by the insurer. The authorization shall be renewed
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1 upon application for renewal and payment of a renewal fee of
2 $1,000, provided that the insurer is in compliance with the
3 requirements of this section and any rules adopted hereunder.
4 An application for renewal of the authorization shall be made
5 90 days prior to expiration of the authorization, on forms
6 provided by the agency. The renewal application shall not
7 require the resubmission of any documents previously filed
8 with the agency if such documents have remained valid and
9 unchanged since their original filing.
10 Section 14. Subsection (5) is added to section 440.14,
11 Florida Statutes, to read:
12 440.14 Determination of pay.--
13 (5)(a) If the lost wages from concurrent employment
14 are used in calculating the average weekly wage, the employee
15 is responsible for providing information concerning the loss
16 of earnings from the concurrent employment.
17 (b) The employee waives any entitlement to interest,
18 penalties, and attorney's fees during the period in which the
19 employee has not provided information concerning the loss of
20 earnings from concurrent employment. Carriers are not subject
21 to penalties by the division under s. 440.20(8)(b) and (c) for
22 unpaid compensation related to concurrent employment during
23 the period in which the employee has not provided information
24 concerning the loss of earnings from concurrent employment.
25 Section 15. Subsection (7) of section 440.185, Florida
26 Statutes, is amended to read:
27 440.185 Notice of injury or death; reports; penalties
28 for violations.--
29 (7) Every carrier shall file with the division within
30 21 days after the issuance of a policy or contract of
31 insurance such policy information as the division requires may
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1 require, including notice of whether the policy is a minimum
2 premium policy. Notice of cancellation or expiration of a
3 policy as set out in s. 440.42(3) shall be mailed to the
4 division in accordance with rules adopted promulgated by the
5 division under chapter 120. The division may contract with a
6 private entity for the collection of policy information
7 required to be filed by carriers under this subsection and the
8 receipt of notices of cancellation or expiration of a policy
9 required to be filed by carriers under s. 440.42(3). The
10 submission of policy information or notices of cancellation or
11 expiration to the contracted private entity satisfies the
12 filing requirements of this subsection and s. 440.42(3).
13 Section 16. Subsections (1), (2), (5), and (8) of
14 section 440.192, Florida Statutes, are amended to read:
15 440.192 Procedure for resolving benefit disputes.--
16 (1) Subject to s. 440.191, any employee who has not
17 received a benefit to which the employee believes she or he is
18 entitled under this chapter shall file by certified mail, or
19 by electronic means approved by the Deputy Chief Judge, with
20 the Office of the Judges of Compensation Claims a petition for
21 benefits which meets the requirements of this section. The
22 division shall inform employees of the location of the Office
23 of the Judges of Compensation Claims for purposes of filing a
24 petition for benefits. The employee shall also serve copies
25 of the petition for benefits by certified mail, or by
26 electronic means approved by the Deputy Chief Judge, upon the
27 employer and, the employer's carrier, and the division in
28 Tallahassee a petition for benefits that meets the
29 requirements of this section. The Deputy Chief Judge shall
30 refer the petitions to the judges of compensation claims. The
31 division shall refer the petition to the Office of the Judges
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1 of Compensation Claims.
2 (2) Upon receipt, the Office of the Judges of
3 Compensation Claims shall review each petition and shall
4 dismiss each petition or any portion of such a petition, upon
5 the judge's its own motion or upon the motion of any party,
6 that does not on its face specifically identify or itemize the
7 following:
8 (a) Name, address, telephone number, and social
9 security number of the employee.
10 (b) Name, address, and telephone number of the
11 employer.
12 (c) A detailed description of the injury and cause of
13 the injury, including the location of the occurrence and the
14 date or dates of the accident.
15 (d) A detailed description of the employee's job, work
16 responsibilities, and work the employee was performing when
17 the injury occurred.
18 (e) The time period for which compensation and the
19 specific classification of compensation were was not timely
20 provided.
21 (f) Date of maximum medical improvement, character of
22 disability, and specific statement of all benefits or
23 compensation that the employee is seeking.
24 (g) All specific travel costs to which the employee
25 believes she or he is entitled, including dates of travel and
26 purpose of travel, means of transportation, and mileage and
27 including the date the request for mileage was filed with the
28 carrier and a copy of the request filed with the carrier.
29 (h) Specific listing of all medical charges alleged
30 unpaid, including the name and address of the medical
31 provider, the amounts due, and the specific dates of
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1 treatment.
2 (i) The type or nature of treatment care or attendance
3 sought and the justification for such treatment.
4 (j) Specific explanation of any other disputed issue
5 that a judge of compensation claims will be called to rule
6 upon.
7
8 The dismissal of any petition or portion of such a petition
9 under this section is without prejudice and does not require a
10 hearing.
11 (5) All motions to dismiss must state with
12 particularity the basis for the motion. The judge of
13 compensation claims shall enter an order upon such motions
14 without hearing, unless good cause for hearing is shown. When
15 any petition or portion of a petition is dismissed for lack of
16 specificity under this subsection, the claimant must be
17 allowed 20 days after the date of the order of dismissal in
18 which to file an amended petition. Any grounds for dismissal
19 for lack of specificity under this section which are not
20 asserted within 30 days after receipt of the petition for
21 benefits are thereby waived.
22 (8) Within 14 days after receipt of a petition for
23 benefits by certified mail, the carrier must either pay the
24 requested benefits without prejudice to its right to deny
25 within 120 days from receipt of the petition or file a
26 response to petition notice of denial with the Office of the
27 Judges of Compensation Claims division. The carrier must list
28 all benefits requested but not paid and explain its
29 justification for nonpayment in the response to petition
30 notice of denial. A carrier that does not deny compensability
31 in accordance with s. 440.20(4) is deemed to have accepted the
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1 employee's injuries as compensable, unless it can establish
2 material facts relevant to the issue of compensability that
3 could not have been discovered through reasonable
4 investigation within the 120-day period. The carrier shall
5 provide copies of the response notice to the filing party,
6 employer, and claimant by certified mail.
7 Section 17. Paragraph (a) of subsection (1) and
8 subsections (4), (6), and (11) of section 440.20, Florida
9 Statutes, are amended to read:
10 440.20 Time for payment of compensation; penalties for
11 late payment.--
12 (1)(a) Unless it denies compensability or entitlement
13 to benefits, the carrier shall pay compensation directly to
14 the employee as required by ss. 440.14, 440.15, and 440.16, in
15 accordance with the obligations set forth in such sections. If
16 authorized by the employee, the carrier's obligation to pay
17 compensation directly to the employee is satisfied when the
18 carrier directly deposits, by electronic transfer or other
19 means, compensation into the employee's account at a financial
20 institution. As used in this paragraph, the term "financial
21 institution" means a financial institution as defined in s.
22 655.005(1)(h). Compensation by direct deposit is considered
23 paid on the date the funds become available for withdrawal by
24 the employee.
25 (4) If the carrier is uncertain of its obligation to
26 provide benefits or compensation, it may initiate payment
27 without prejudice and without admitting liability. The carrier
28 shall immediately and in good faith commence investigation of
29 the employee's entitlement to benefits under this chapter and
30 shall admit or deny compensability within 120 days after the
31 initial provision of compensation or benefits as required
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1 under subsection (2) or s. 440.192(8). Upon commencement of
2 payment as required under subsection (2) or s. 440.192(8), the
3 carrier shall provide written notice to the employee that it
4 has elected to pay all or part of the claim pending further
5 investigation, and that it will advise the employee of claim
6 acceptance or denial within 120 days. A carrier that fails to
7 deny compensability within 120 days after the initial
8 provision of benefits or payment of compensation as required
9 under subsection (2) or s. 440.192(8) waives the right to deny
10 compensability, unless the carrier can establish material
11 facts relevant to the issue of compensability that it could
12 not have discovered through reasonable investigation within
13 the 120-day period. The initial provision of compensation or
14 benefits, for purposes of this subsection, means the first
15 installment of compensation or benefits to be paid by the
16 carrier under subsection (2) or pursuant to a petition for
17 benefits under s. 440.192(8).
18 (6) If any installment of compensation for death or
19 dependency benefits, disability, permanent impairment, or wage
20 loss payable without an award is not paid within 7 days after
21 it becomes due, as provided in subsection (2), subsection (3),
22 or subsection (4), there shall be added to such unpaid
23 installment a punitive penalty of an amount equal to 20
24 percent of the unpaid installment or $5, which shall be paid
25 at the same time as, but in addition to, such installment of
26 compensation, unless notice is filed under subsection (4) or
27 unless such nonpayment results from conditions over which the
28 employer or carrier had no control. When any installment of
29 compensation payable without an award has not been paid within
30 7 days after it became due and the claimant concludes the
31 prosecution of the claim before a judge of compensation claims
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1 without having specifically claimed additional compensation in
2 the nature of a penalty under this section, the claimant will
3 be deemed to have acknowledged that, owing to conditions over
4 which the employer or carrier had no control, such installment
5 could not be paid within the period prescribed for payment and
6 to have waived the right to claim such penalty. However,
7 during the course of a hearing, the judge of compensation
8 claims shall on her or his own motion raise the question of
9 whether such penalty should be awarded or excused. The
10 division may assess without a hearing the punitive penalty
11 against either the employer or the insurance carrier,
12 depending upon who was at fault in causing the delay. The
13 insurance policy cannot provide that this sum will be paid by
14 the carrier if the division or the judge of compensation
15 claims determines that the punitive penalty should be made by
16 the employer rather than the carrier. Any additional
17 installment of compensation paid by the carrier pursuant to
18 this section shall be paid directly to the employee by check
19 or, if authorized by the employee, by direct deposit into the
20 employee's account at a financial institution. As used in this
21 subsection, the term "financial institution" means a financial
22 institution as defined in s. 655.005(1)(h).
23 (11)(a) When a claimant is not represented by counsel,
24 upon joint petition of all interested parties, a lump-sum
25 payment in exchange for the employer's or carrier's release
26 from liability for future medical expenses, as well as future
27 payments of compensation expenses and any other benefits
28 provided under this chapter, shall be allowed at any time in
29 any case in which the employer or carrier has filed a written
30 notice of denial within 120 days after the employer receives
31 notice date of the injury, and the judge of compensation
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1 claims at a hearing to consider the settlement proposal finds
2 a justiciable controversy as to legal or medical
3 compensability of the claimed injury or the alleged accident.
4 The employer or carrier may not pay any attorney's fees on
5 behalf of the claimant for any settlement under this section
6 unless expressly authorized elsewhere in this chapter. Upon
7 the joint petition of all interested parties and after giving
8 due consideration to the interests of all interested parties,
9 the judge of compensation claims may enter a compensation
10 order approving and authorizing the discharge of the liability
11 of the employer for compensation and remedial treatment, care,
12 and attendance, as well as rehabilitation expenses, by the
13 payment of a lump sum. Such a compensation order so entered
14 upon joint petition of all interested parties is not subject
15 to modification or review under s. 440.28. If the settlement
16 proposal together with supporting evidence is not approved by
17 the judge of compensation claims, it shall be considered void.
18 Upon approval of a lump-sum settlement under this subsection,
19 the judge of compensation claims shall send a report to the
20 Chief Judge of the amount of the settlement and a statement of
21 the nature of the controversy. The Chief Judge shall keep a
22 record of all such reports filed by each judge of compensation
23 claims and shall submit to the Legislature a summary of all
24 such reports filed under this subsection annually by September
25 15.
26 (b) When a claimant is not represented by counsel,
27 upon joint petition of all interested parties, a lump-sum
28 payment in exchange for the employer's or carrier's release
29 from liability for future medical expenses, as well as future
30 payments of compensation and rehabilitation expenses, and any
31 other benefits provided under this chapter, may be allowed at
28
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Amendment No. ___ Barcode 685782
1 any time in any case after the injured employee has attained
2 maximum medical improvement. An employer or carrier may not
3 pay any attorney's fees on behalf of the claimant for any
4 settlement, unless expressly authorized elsewhere in this
5 chapter. A compensation order so entered upon joint petition
6 of all interested parties shall not be subject to modification
7 or review under s. 440.28. However, a judge of compensation
8 claims is not required to approve any award for lump-sum
9 payment when it is determined by the judge of compensation
10 claims that the payment being made is in excess of the value
11 of benefits the claimant would be entitled to under this
12 chapter. The judge of compensation claims shall make or cause
13 to be made such investigations as she or he considers
14 necessary, in each case in which the parties have stipulated
15 that a proposed final settlement of liability of the employer
16 for compensation shall not be subject to modification or
17 review under s. 440.28, to determine whether such final
18 disposition will definitely aid the rehabilitation of the
19 injured worker or otherwise is clearly for the best interests
20 of the person entitled to compensation and, in her or his
21 discretion, may have an investigation made by the
22 Rehabilitation Section of the Division of Workers'
23 Compensation. The joint petition and the report of any
24 investigation so made will be deemed a part of the proceeding.
25 An employer shall have the right to appear at any hearing
26 pursuant to this subsection which relates to the discharge of
27 such employer's liability and to present testimony at such
28 hearing. The carrier shall provide reasonable notice to the
29 employer of the time and date of any such hearing and inform
30 the employer of her or his rights to appear and testify. When
31 the claimant is represented by counsel or when the claimant
29
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Amendment No. ___ Barcode 685782
1 and carrier or employer are represented by counsel, final
2 approval of the lump-sum settlement agreement, as provided for
3 in a joint petition and stipulation, shall be approved by
4 entry of an order within 7 days after the filing of such joint
5 petition and stipulation without a hearing, unless the judge
6 of compensation claims determines, in her or his discretion,
7 that additional testimony is needed before such settlement can
8 be approved or disapproved and so notifies the parties. The
9 probability of the death of the injured employee or other
10 person entitled to compensation before the expiration of the
11 period during which such person is entitled to compensation
12 shall, in the absence of special circumstances making such
13 course improper, be determined in accordance with the most
14 recent United States Life Tables published by the National
15 Office of Vital Statistics of the United States Department of
16 Health and Human Services. The probability of the happening of
17 any other contingency affecting the amount or duration of the
18 compensation, except the possibility of the remarriage of a
19 surviving spouse, shall be disregarded. As a condition of
20 approving a lump-sum payment to a surviving spouse, the judge
21 of compensation claims, in the judge of compensation claims'
22 discretion, may require security which will ensure that, in
23 the event of the remarriage of such surviving spouse, any
24 unaccrued future payments so paid may be recovered or recouped
25 by the employer or carrier. Such applications shall be
26 considered and determined in accordance with s. 440.25.
27 (c) Notwithstanding s. 440.21(2), when a claimant is
28 represented by counsel, the claimant may waive all rights to
29 any and all benefits under this chapter by entering into a
30 settlement agreement releasing the employer and the carrier
31 from liability for workers' compensation benefits in exchange
30
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1 for a lump-sum payment to the claimant. The settlement
2 agreement requires approval by the judge of compensation
3 claims only as to the attorney's fees paid to the claimant's
4 attorney by the claimant. The parties need not submit any
5 information or documentation in support of the settlement,
6 except as needed to justify the amount of the attorney's fees.
7 Neither the employer nor the carrier is responsible for any
8 attorney's fees relating to the settlement and release of
9 claims under this section. Payment of the lump-sum settlement
10 amount must be made within 14 days after the date the judge of
11 compensation claims mails the order approving the attorney's
12 fees. Any order entered by a judge of compensation claims
13 approving the attorney's fees as set out in the settlement
14 under this subsection is not considered to be an award and is
15 not subject to modification or review. The judge of
16 compensation claims shall report these settlements to the
17 Deputy Chief Judge in accordance with the requirements set
18 forth in paragraphs (a) and (b). Settlements entered into
19 under this subsection are valid and apply to all dates of
20 accident.
21 (d) With respect to any payment provision under this
22 chapter, a judge of compensation claims must consider whether
23 any and all benefits, including settlements, provide for
24 appropriate recovery of any child support arrearage.
25 (e)(c) This section applies to all claims that the
26 parties have not previously settled, regardless of the date of
27 accident.
28 Section 18. Section 440.22, Florida Statutes, is
29 amended to read:
30 440.22 Assignment and exemption from claims of
31 creditors.--No assignment, release, or commutation of
31
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Amendment No. ___ Barcode 685782
1 compensation or benefits due or payable under this chapter
2 except as provided by this chapter shall be valid, and such
3 compensation and benefits shall be exempt from all claims of
4 creditors, and from levy, execution and attachments or other
5 remedy for recovery or collection of a debt, which exemption
6 may not be waived. However, the exemption of workers'
7 compensation claims from creditors does not extend to claims
8 based on an award of child support or alimony.
9 Section 19. Subsections (1), (2), (3), and (4) and
10 paragraph (b) of subsection (5) of section 440.25, Florida
11 Statutes, are amended to read:
12 440.25 Procedures for mediation and hearings.--
13 (1) Within 21 days after a petition for benefits is
14 filed under s. 440.192, a mediation conference concerning such
15 petition shall be held. Within 7 days after such petition is
16 filed, the judge of compensation claims shall notify the
17 interested parties that a mediation conference concerning such
18 petition will be held. Such notice shall give the date, time,
19 and location of the mediation conference. Such notice may be
20 served personally upon the interested parties or may be sent
21 to the interested parties by mail. The claimant or the
22 adjuster of the employer or carrier may, at the mediator's
23 discretion, attend the mediation conference by telephone or,
24 if agreed to by the parties, other electronic means.
25 (2) Any party who participates in a mediation
26 conference shall not be precluded from requesting a hearing
27 following the mediation conference should both parties not
28 agree to be bound by the results of the mediation conference.
29 A mediation conference is required to be held unless this
30 requirement is waived by the Deputy Chief Judge. No later than
31 3 days prior to the mediation conference, all parties must
32
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Amendment No. ___ Barcode 685782
1 submit any applicable motions, including, but not limited to,
2 a motion to waive the mediation conference, to the judge of
3 compensation claims.
4 (3) Such mediation conference shall be conducted
5 informally and does not require the use of formal rules of
6 evidence or procedure. Any information from the files,
7 reports, case summaries, mediator's notes, or other
8 communications or materials, oral or written, relating to a
9 mediation conference under this section obtained by any person
10 performing mediation duties is privileged and confidential and
11 may not be disclosed without the written consent of all
12 parties to the conference. Any research or evaluation effort
13 directed at assessing the mediation program activities or
14 performance must protect the confidentiality of such
15 information. Each party to a mediation conference has a
16 privilege during and after the conference to refuse to
17 disclose and to prevent another from disclosing communications
18 made during the conference whether or not the contested issues
19 are successfully resolved. This subsection and paragraphs
20 (4)(a) and (b) shall not be construed to prevent or inhibit
21 the discovery or admissibility of any information that is
22 otherwise subject to discovery or that is admissible under
23 applicable law or rule of procedure, except that any conduct
24 or statements made during a mediation conference or in
25 negotiations concerning the conference are inadmissible in any
26 proceeding under this chapter. The Deputy Chief Judge shall
27 select a mediator. The mediator shall be employed on a
28 full-time basis by the Office of the Judges of Compensation
29 Claims. A mediator must be a member of The Florida Bar for at
30 least 5 years and must complete a mediation training program
31 approved by the Deputy Chief Judge. Adjunct mediators may be
33
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1 employed by the Office of the Judges of Compensation Claims on
2 an as-needed basis and shall be selected from a list prepared
3 by the Deputy Chief Judge. An adjunct mediator must be
4 independent of all parties participating in the mediation
5 conference. An adjunct mediator must be a member of The
6 Florida Bar for at least 5 years and must complete a mediation
7 training program approved by the Deputy Chief Judge. An
8 adjunct mediator shall have access to the office, equipment,
9 and supplies of the judge of compensation claims in each
10 district. In the event both parties agree, the results of the
11 mediation conference shall be binding and neither party shall
12 have a right to appeal the results. In the event either party
13 refuses to agree to the results of the mediation conference,
14 the results of the mediation conference as well as the
15 testimony, witnesses, and evidence presented at the conference
16 shall not be admissible at any subsequent proceeding on the
17 claim. The mediator shall not be called in to testify or give
18 deposition to resolve any claim for any hearing before the
19 judge of compensation claims. The employer may be represented
20 by an attorney at the mediation conference if the employee is
21 also represented by an attorney at the mediation conference.
22 (4)(a) If, on the 10th day following commencement of
23 mediation, the questions in dispute have not been resolved,
24 the judge of compensation claims shall hold a pretrial
25 hearing. The judge of compensation claims shall give the
26 interested parties at least 7 days' advance notice of the
27 pretrial hearing by mail. At the pretrial hearing, the judge
28 of compensation claims shall, subject to paragraph (b), set a
29 date for the final hearing that allows the parties at least 30
30 days to conduct discovery unless the parties consent to an
31 earlier hearing date.
34
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Amendment No. ___ Barcode 685782
1 (b) The final hearing must be held and concluded
2 within 45 days after the pretrial hearing. Continuances may be
3 granted only if the requesting party demonstrates to the judge
4 of compensation claims that the reason for requesting the
5 continuance arises from circumstances beyond the party's
6 control. The written consent of the claimant must be obtained
7 before any request is granted for an additional continuance
8 after the initial continuance has been granted.
9 (c) The judge of compensation claims shall give the
10 interested parties at least 7 days' advance notice of the
11 final hearing, served upon the interested parties by mail.
12 (d) The hearing shall be held in the county where the
13 injury occurred, if the injury occurred in this state, unless
14 otherwise agreed to between the parties and authorized by the
15 judge of compensation claims in the county where the injury
16 occurred. If the injury occurred without the state and is one
17 for which compensation is payable under this chapter, then the
18 hearing above referred to may be held in the county of the
19 employer's residence or place of business, or in any other
20 county of the state which will, in the discretion of the
21 Deputy Chief Judge, be the most convenient for a hearing. The
22 hearing shall be conducted by a judge of compensation claims,
23 who shall, within 30 14 days after final hearing or closure of
24 the hearing record, unless otherwise agreed by the parties,
25 enter a final order on the merits of the disputed issues
26 determine the dispute in a summary manner. The judge of
27 compensation claims may enter an abbreviated final order in
28 cases in which compensability is not disputed. Either party
29 may request separate findings of fact and conclusions of law.
30 At such hearing, the claimant and employer may each present
31 evidence in respect of such claim and may be represented by
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1 any attorney authorized in writing for such purpose. When
2 there is a conflict in the medical evidence submitted at the
3 hearing, the provisions of s. 440.13 shall apply. The report
4 or testimony of the expert medical advisor shall be made a
5 part of the record of the proceeding and shall be given the
6 same consideration by the judge of compensation claims as is
7 accorded other medical evidence submitted in the proceeding;
8 and all costs incurred in connection with such examination and
9 testimony may be assessed as costs in the proceeding, subject
10 to the provisions of s. 440.13. No judge of compensation
11 claims may make a finding of a degree of permanent impairment
12 that is greater than the greatest permanent impairment rating
13 given the claimant by any examining or treating physician,
14 except upon stipulation of the parties.
15 (e) The order making an award or rejecting the claim,
16 referred to in this chapter as a "compensation order," shall
17 set forth the findings of ultimate facts and the mandate; and
18 the order need not include any other reason or justification
19 for such mandate. The compensation order shall be filed in the
20 Office of the Judges of Compensation Claims division at
21 Tallahassee. A copy of such compensation order shall be sent
22 by mail to the parties and attorneys of record at the last
23 known address of each, with the date of mailing noted thereon.
24 (f) Each judge of compensation claims is required to
25 submit a special report to the Deputy Chief Judge in each
26 contested workers' compensation case in which the case is not
27 determined within 30 14 days of final hearing or closure of
28 the hearing record. Said form shall be provided by the
29 director of the Division of Administrative Hearings Chief
30 Judge and shall contain the names of the judge of compensation
31 claims and of the attorneys involved and a brief explanation
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1 by the judge of compensation claims as to the reason for such
2 a delay in issuing a final order. The Chief Judge shall
3 compile these special reports into an annual public report to
4 the Governor, the Secretary of Labor and Employment Security,
5 the Legislature, The Florida Bar, and the appellate district
6 judicial nominating commissions.
7 (g) Judges of compensation claims shall adopt and
8 enforce uniform local rules for workers' compensation.
9 (g)(h) Notwithstanding any other provision of this
10 section, the judge of compensation claims may require the
11 appearance of the parties and counsel before her or him
12 without written notice for an emergency conference where there
13 is a bona fide emergency involving the health, safety, or
14 welfare of an employee. An emergency conference under this
15 section may result in the entry of an order or the rendering
16 of an adjudication by the judge of compensation claims.
17 (h)(i) To expedite dispute resolution and to enhance
18 the self-executing features of the Workers' Compensation Law,
19 the Deputy Chief Judge shall make provision by rule or order
20 for the resolution of appropriate motions by judges of
21 compensation claims without oral hearing upon submission of
22 brief written statements in support and opposition, and for
23 expedited discovery and docketing.
24 (i)(j) To further expedite dispute resolution and to
25 enhance the self-executing features of the system, those
26 petitions filed in accordance with s. 440.192 that involve a
27 claim for benefits of $5,000 or less shall, in the absence of
28 compelling evidence to the contrary, be presumed to be
29 appropriate for expedited resolution under this paragraph; and
30 any other claim filed in accordance with s. 440.192, upon the
31 written agreement of both parties and application by either
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1 party, may similarly be resolved under this paragraph. For
2 purposes of expedited resolution pursuant to this paragraph,
3 the Deputy Chief Judge shall make provision by rule or order
4 for expedited and limited discovery and expedited docketing in
5 such cases. At least 15 days prior to hearing, the parties
6 shall exchange and file with the judge of compensation claims
7 a pretrial outline of all issues, defenses, and witnesses on a
8 form adopted promulgated by the Deputy Chief Judge; provided,
9 in no event shall such hearing be held without 15 days'
10 written notice to all parties. No pretrial hearing shall be
11 held. The judge of compensation claims shall limit all
12 argument and presentation of evidence at the hearing to a
13 maximum of 30 minutes, and such hearings shall not exceed 30
14 minutes in length. Neither party shall be required to be
15 represented by counsel. The employer or carrier may be
16 represented by an adjuster or other qualified representative.
17 The employer or carrier and any witness may appear at such
18 hearing by telephone. The rules of evidence shall be liberally
19 construed in favor of allowing introduction of evidence.
20 (5)
21 (b) An appellant may be relieved of any necessary
22 filing fee by filing a verified petition of indigency for
23 approval as provided in s. 57.081(1) and may be relieved in
24 whole or in part from the costs for preparation of the record
25 on appeal if, within 15 days after the date notice of the
26 estimated costs for the preparation is served, the appellant
27 files with the judge of compensation claims a copy of the
28 designation of the record on appeal, and a verified petition
29 to be relieved of costs. A verified petition filed prior to
30 the date of service of the notice of the estimated costs shall
31 be deemed not timely filed. The verified petition relating to
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1 record costs shall contain a sworn statement that the
2 appellant is insolvent and a complete, detailed, and sworn
3 financial affidavit showing all the appellant's assets,
4 liabilities, and income. Failure to state in the affidavit all
5 assets and income, including marital assets and income, shall
6 be grounds for denying the petition with prejudice. The Office
7 of the Judges of Compensation Claims division shall adopt
8 promulgate rules as may be required pursuant to this
9 subsection, including forms for use in all petitions brought
10 under this subsection. The appellant's attorney, or the
11 appellant if she or he is not represented by an attorney,
12 shall include as a part of the verified petition relating to
13 record costs an affidavit or affirmation that, in her or his
14 opinion, the notice of appeal was filed in good faith and that
15 there is a probable basis for the District Court of Appeal,
16 First District, to find reversible error, and shall state with
17 particularity the specific legal and factual grounds for the
18 opinion. Failure to so affirm shall be grounds for denying the
19 petition. A copy of the verified petition relating to record
20 costs shall be served upon all interested parties, including
21 the division and the Office of the General Counsel, Department
22 of Labor and Employment Security, in Tallahassee. The judge of
23 compensation claims shall promptly conduct a hearing on the
24 verified petition relating to record costs, giving at least 15
25 days' notice to the appellant, the division, and all other
26 interested parties, all of whom shall be parties to the
27 proceedings. The judge of compensation claims may enter an
28 order without such hearing if no objection is filed by an
29 interested party within 20 days from the service date of the
30 verified petition relating to record costs. Such proceedings
31 shall be conducted in accordance with the provisions of this
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1 section and with the workers' compensation rules of procedure,
2 to the extent applicable. In the event an insolvency petition
3 is granted, the judge of compensation claims shall direct the
4 division to pay record costs and filing fees from the Workers'
5 Compensation Trust Fund pending final disposition of the costs
6 of appeal. The division may transcribe or arrange for the
7 transcription of the record in any proceeding for which it is
8 ordered to pay the cost of the record. In the event the
9 insolvency petition is denied, the judge of compensation
10 claims may enter an order requiring the petitioner to
11 reimburse the division for costs incurred in opposing the
12 petition, including investigation and travel expenses.
13 Section 20. Section 440.271, Florida Statutes, is
14 amended to read:
15 440.271 Appeal of order of judge of compensation
16 claims.--Review of any order of a judge of compensation claims
17 entered pursuant to this chapter shall be by appeal to the
18 District Court of Appeal, First District. To promote
19 consistency and uniformity in the application of this chapter,
20 the District Court of Appeal, First District, shall establish
21 a specialized division to hear all appeals of orders of judges
22 of compensation claims. The court may structure the division
23 to hear workers' compensation cases exclusively or in addition
24 to other appeals. Appeals shall be filed in accordance with
25 rules of procedure prescribed by the Supreme Court for review
26 of such orders. The division shall be given notice of any
27 proceedings pertaining to s. 440.25, regarding indigency, or
28 s. 440.49, regarding the Special Disability Trust Fund, and
29 shall have the right to intervene in any proceedings.
30 Section 21. Subsection (2) of section 440.29, Florida
31 Statutes, is amended to read:
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1 440.29 Procedure before the judge of compensation
2 claims.--
3 (2) Hearings before the judge of compensation claims
4 shall be open to the public, and the Deputy Chief Judge is
5 authorized to designate the manner in which particular types
6 of hearings are recorded and reported and, when necessary, to
7 contract for the reporting of such hearings. The Deputy Chief
8 Judge shall arrange for the preparation of a record of the
9 hearings and other proceedings before judges of compensation
10 claims, as necessary, and is authorized to allow for the
11 attendance of court reporters at hearings, for preparation of
12 transcripts of testimony, for copies of any instrument, and
13 for other reporting or recording services. The Deputy Chief
14 Judge may charge the same fees allowed by law or court rule to
15 reporters, persons preparing transcripts, or clerks of courts
16 of this state for like services.
17 Section 22. Paragraph (b) of subsection (3) of section
18 440.34, Florida Statutes, is amended to read:
19 440.34 Attorney's fees; costs.--
20 (3) If the claimant should prevail in any proceedings
21 before a judge of compensation claims or court, there shall be
22 taxed against the employer the reasonable costs of such
23 proceedings, not to include the attorney's fees of the
24 claimant. A claimant shall be responsible for the payment of
25 her or his own attorney's fees, except that a claimant shall
26 be entitled to recover a reasonable attorney's fee from a
27 carrier or employer:
28 (b) In any case in which the employer or carrier files
29 a response to petition notice of denial with the Office of the
30 Judges of Compensation Claims division and the injured person
31 has employed an attorney in the successful prosecution of the
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1 claim; or
2
3 In applying the factors set forth in subsection (1) to cases
4 arising under paragraphs (a), (b), (c), and (d), the judge of
5 compensation claims must only consider only such benefits and
6 the time reasonably spent in obtaining them as were secured
7 for the claimant within the scope of paragraphs (a), (b), (c),
8 and (d).
9 Section 23. Section 440.345, Florida Statutes, is
10 amended to read:
11 440.345 Reporting of attorney's fees.--All fees paid
12 to attorneys for services rendered under this chapter shall be
13 reported to the Office of the Judges of Compensation Claims
14 division as the Office of the Judges of Compensation Claims
15 division requires by rule. The Office of the Judges of
16 Compensation Claims division shall annually summarize such
17 data in a report to the Workers' Compensation Oversight Board.
18 Section 24. Paragraphs (b), (c), and (f) of subsection
19 (1) of section 440.38, Florida Statutes, are amended to read:
20 440.38 Security for compensation; insurance carriers
21 and self-insurers.--
22 (1) Every employer shall secure the payment of
23 compensation under this chapter:
24 (b) By furnishing satisfactory proof to the division
25 of its financial ability to pay such compensation individually
26 and on behalf of its subsidiary and affiliated companies with
27 employees in this state and receiving an authorization from
28 the division to pay such compensation directly in accordance
29 with the following provisions:
30 1. The division may, as a condition to such
31 authorization, require an such employer to deposit with in a
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1 depository designated by the division a qualifying security
2 deposit. The division shall determine the type and amount of
3 the qualifying security deposit and shall either an indemnity
4 bond or securities, at the option of the employer, of a kind
5 and in an amount determined by the division and subject to
6 such conditions as the division may prescribe conditions for
7 the qualifying security deposit, which shall include
8 authorization for to the division to call the qualifying
9 security deposit in the case of default to sell any such
10 securities sufficient to pay compensation awards or to bring
11 suit upon such bonds, to procure prompt payment of
12 compensation under this chapter. In addition, the division
13 shall require, as a condition to authorization to self-insure,
14 proof that the employer has provided for competent personnel
15 with whom to deliver benefits and to provide a safe working
16 environment. Further, the division shall require such
17 employer to carry reinsurance at levels that will ensure the
18 actuarial soundness of such employer in accordance with rules
19 promulgated by the division. The division may by rule require
20 that, in the event of an individual self-insurer's insolvency,
21 such qualifying security deposits indemnity bonds, securities,
22 and reinsurance policies are shall be payable to the Florida
23 Self-Insurers Guaranty Association, Incorporated, created
24 pursuant to s. 440.385. Any employer securing compensation in
25 accordance with the provisions of this paragraph shall be
26 known as a self-insurer and shall be classed as a carrier of
27 her or his own insurance.
28 2. If the employer fails to maintain the foregoing
29 requirements, the division shall revoke the employer's
30 authority to self-insure, unless the employer provides to the
31 division the certified opinion of an independent actuary who
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1 is a member of the American Society of Actuaries as to the
2 actuarial present value of the employer's determined and
3 estimated future compensation payments based on cash reserves,
4 using a 4-percent discount rate, and a qualifying security
5 deposit equal to 1.5 times the value so certified. The
6 employer shall thereafter annually provide such a certified
7 opinion until such time as the employer meets the requirements
8 of subparagraph 1. The qualifying security deposit shall be
9 adjusted at the time of each such annual report. Upon the
10 failure of the employer to timely provide such opinion or to
11 timely provide a security deposit in an amount equal to 1.5
12 times the value certified in the latest opinion, the division
13 shall then revoke such employer's authorization to
14 self-insure, and such failure shall be deemed to constitute an
15 immediate serious danger to the public health, safety, or
16 welfare sufficient to justify the summary suspension of the
17 employer's authorization to self-insure pursuant to s. 120.68.
18 3. Upon the suspension or revocation of the employer's
19 authorization to self-insure, the employer shall provide to
20 the division and to the Florida Self-Insurers Guaranty
21 Association, Incorporated, created pursuant to s. 440.385 the
22 certified opinion of an independent actuary who is a member of
23 the American Society of Actuaries of the actuarial present
24 value of the determined and estimated future compensation
25 payments of the employer for claims incurred while the member
26 exercised the privilege of self-insurance, using a discount
27 rate of 4 percent. The employer shall provide such an opinion
28 at 6-month intervals thereafter until such time as the latest
29 opinion shows no remaining value of claims. With each such
30 opinion, the employer shall deposit with the division a
31 qualifying security deposit in an amount equal to the value
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1 certified by the actuary. The association has a cause of
2 action against an employer, and against any successor of the
3 employer, who fails to timely provide such opinion or who
4 fails to timely maintain the required security deposit with
5 the division. The association shall recover a judgment in the
6 amount of the actuarial present value of the determined and
7 estimated future compensation payments of the employer for
8 claims incurred while the employer exercised the privilege of
9 self-insurance, together with attorney's fees. For purposes
10 of this section, the successor of an employer means any
11 person, business entity, or group of persons or business
12 entities, which holds or acquires legal or beneficial title to
13 the majority of the assets or the majority of the shares of
14 the employer.
15 4. A qualifying security deposit shall consist, at the
16 option of the employer, of:
17 a. Surety bonds, in a form and containing such terms
18 as prescribed by the division, issued by a corporation surety
19 authorized to transact surety business by the Department of
20 Insurance, and whose policyholders' and financial ratings, as
21 reported in A.M. Best's Insurance Reports, Property-Liability,
22 are not less than "A" and "V", respectively.
23 b. Certificates of deposit with financial
24 institutions, the deposits of which are insured through the
25 Federal Deposit Insurance Corporation or the Federal Savings
26 and Loan Insurance Corporation.
27 b.c. Irrevocable letters of credit in favor of the
28 division issued by financial institutions located within this
29 state, the deposits of which are insured through the Federal
30 Deposit Insurance Corporation described in sub-subparagraph b.
31 d. Direct obligations of the United States Treasury
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1 backed by the full faith and credit of the United States.
2 e. Securities issued by this state and backed by the
3 full faith and credit of this state.
4 5. The qualifying security deposit shall be held by
5 the division, or by a depository authorized by the division,
6 exclusively for the benefit of workers' compensation
7 claimants. The security shall not be subject to assignment,
8 execution, attachment, or any legal process whatsoever, except
9 as necessary to guarantee the payment of compensation under
10 this chapter. No surety bond may be terminated, and no letter
11 of credit other qualifying security may be allowed to expire
12 lapse, without 90 days' prior notice to the division and
13 deposit by the self-insuring employer of some other qualifying
14 security deposit of equal value within 10 business days after
15 such notice. Failure to provide such notice or failure to
16 timely provide qualifying replacement security after such
17 notice shall constitute grounds for the division to call or
18 sue upon the surety bond, or to act with respect to other
19 pledged security in any manner necessary to preserve its value
20 for the purposes intended by this section, including the
21 exercise its of rights under a letter of credit. Current
22 self-insured employers must comply with this section on or
23 before December 31, 2001, or upon the maturity of existing
24 security deposits, whichever occurs later, the sale of any
25 security at then prevailing market rates, or the withdrawal of
26 any funds represented by any certificate of deposit forming
27 part of the qualifying security deposit. The division may
28 specify by rule the amount of the qualifying security deposit
29 required prior to authorizing an employer to self-insure and
30 the amount of net worth required for an employer to qualify
31 for authorization to self-insure;
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1 (c) By entering into a contract with a public utility
2 under an approved utility-provided self-insurance program as
3 set forth in s. 624.46225 440.571 in effect as of July 1,
4 1983. The division shall adopt rules to implement this
5 paragraph;
6 (f) By entering into a contract with an individual
7 self-insurer under an approved individual
8 self-insurer-provided self-insurance program as set forth in
9 s. 624.46225. The division may adopt rules to administer
10 implement this subsection.
11 Section 25. Subsections (3), (5), (6), and (7) of
12 section 440.44, Florida Statutes, are amended to read:
13 440.44 Workers' compensation; staff organization.--
14 (3) EXPENDITURES.--The division and the director of
15 the Division of Administrative Hearings Chief Judge shall make
16 such expenditures, including expenditures for personal
17 services and rent at the seat of government and elsewhere, for
18 law books; for telephone services and WATS lines; for books of
19 reference, periodicals, equipment, and supplies; and for
20 printing and binding as may be necessary in the administration
21 of this chapter. All expenditures in the administration of
22 this chapter shall be allowed and paid as provided in s.
23 440.50 upon the presentation of itemized vouchers therefor
24 approved by the division or the director of the Division of
25 Administrative Hearings Chief Judge.
26 (5) OFFICE.--The division and the Deputy Chief Judge
27 shall maintain and keep open during reasonable business hours
28 an office, which shall be provided in the Capitol or some
29 other suitable building in the City of Tallahassee, for the
30 transaction of business under this chapter, at which office
31 the official records and papers shall be kept. The office
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1 shall be furnished and equipped. The division, any judge of
2 compensation claims, or the Deputy Chief Judge may hold
3 sessions and conduct hearings at any place within the state.
4 The Office of the Judges of Compensation Claims shall maintain
5 the 17 district offices, 31 judges of compensation claims, and
6 31 mediators as they exist on June 30, 2001.
7 (6) SEAL.--The division and, the judges of
8 compensation claims, and the Chief Judge shall have a seal
9 upon which shall be inscribed the words "State of Florida
10 Department of Insurance Labor and Employment Security--Seal"
11 and "Division of Administrative Hearings--Seal,"
12 respectively."
13 (7) DESTRUCTION OF OBSOLETE RECORDS.--The division is
14 expressly authorized to provide by regulation for and to
15 destroy obsolete records of the division and commission. The
16 Division of Administrative Hearings is expressly authorized to
17 provide by regulation for and to destroy obsolete records of
18 the Office of the Judges of Compensation Claims.
19 Section 26. Section 440.442, Florida Statutes, is
20 amended to read:
21 440.442 Code of Judicial Conduct.--The Deputy Chief
22 Judge, and judges of compensation claims shall observe and
23 abide by the Code of Judicial Conduct as adopted by the
24 Florida Supreme Court provided in this section. Any material
25 violation of a provision of the Code of Judicial Conduct shall
26 constitute either malfeasance or misfeasance in office and
27 shall be grounds for suspension and removal of the Deputy such
28 Chief Judge, or judge of compensation claims by the Governor.
29 (1) A JUDGE SHOULD UPHOLD THE INTEGRITY AND
30 INDEPENDENCE OF THE JUDICIARY.--An independent and honorable
31 judiciary is indispensable to justice in our society. A judge
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1 should participate in establishing, maintaining, and
2 enforcing, and should himself or herself observe, high
3 standards of conduct so that the integrity and independence of
4 the judiciary may be preserved. The provisions of this code
5 should be construed and applied to further that objective.
6 (2) A JUDGE SHOULD AVOID IMPROPRIETY AND THE
7 APPEARANCE OF IMPROPRIETY IN ALL HIS OR HER ACTIVITIES.--
8 (a) A judge should respect and comply with the law and
9 should conduct himself or herself at all times in a manner
10 that promotes public confidence in the integrity and
11 impartiality of the judiciary.
12 (b) A judge should not allow his or her personal
13 relationships to influence his or her judicial conduct of
14 judgment. A judge should not lend the prestige of the office
15 to advance the private interest of others; nor convey or
16 authorize others to convey the impression that they are in a
17 special position to influence him or her. A judge should not
18 testify voluntarily as a character witness.
19 (3) A JUDGE SHOULD PERFORM THE DUTIES OF OFFICE
20 IMPARTIALLY AND DILIGENTLY.--The judicial duties of a judge
21 take precedence over all his or her other activities. The
22 judicial duties include all the duties of office prescribed by
23 law. In the performance of these duties, the following
24 standards with respect to adjudicative responsibilities apply:
25 (a) A judge should be faithful to the law and maintain
26 professional competence in it. A judge should be unswayed by
27 partisan interests, public clamor, or fear of criticism.
28 (b) A judge should maintain order and decorum in
29 proceedings.
30 (c) A judge should be patient, dignified, and
31 courteous to litigants, jurors, witnesses, lawyers, and others
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1 with whom he or she must deal in an official capacity, and
2 should request similar conduct of lawyers, and of his or her
3 staff, court officials, and others subject to his or her
4 direction and control.
5 (4) A JUDGE MAY ENGAGE IN ACTIVITIES TO IMPROVE THE
6 LAW, THE LEGAL SYSTEM, AND THE ADMINISTRATION OF JUSTICE.--A
7 judge, subject to the proper performance of his or her
8 judicial duties, may engage in the following quasi-judicial
9 activities, if in doing so he or she does not cast doubt on
10 his or her capacity to decide impartiality on any issue that
11 may come before him or her:
12 (a) Speak, write, lecture, teach, and participate in
13 other activities concerning the law, the legal system, and the
14 administration of justice.
15 (b) Appear at a public hearing before an executive or
16 legislative body or official on matters concerning the law,
17 the legal system, and the administration of justice, and may
18 otherwise consult with an executive or legislative body or
19 official, but only on matters concerning the administration of
20 justice.
21 (c) Serve as a member, officer, or director of an
22 organization or governmental agency devoted to the improvement
23 of the law, the legal system, or the administration of justice
24 and assist such an organization in raising funds and may
25 participate in their management and investment, but should not
26 personally participate in public fundraising activities.
27 (d) Make recommendations to public and private
28 fund-granting agencies on projects and programs concerning the
29 law, the legal system, and the administration of justice.
30 (5) A JUDGE SHOULD REGULATE EXTRAJUDICIAL ACTIVITIES
31 TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES.--
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1 (a) Avocational activities.--A judge may write,
2 lecture, teach, and speak on nonlegal subjects, and engage in
3 the arts, sports, or other social and recreational activities,
4 if such avocational activities do not detract from the dignity
5 of the office or interfere with the performance of judicial
6 duties.
7 (b) Civil and charitable activities.--A judge may not
8 participate in civic and charitable activities that reflect
9 adversely upon his or her impartiality or interfere with the
10 performance of his or her duties. A judge may serve as an
11 officer, director, trustee, or nonlegal advisory of an
12 educational, religious, charitable, fraternal, or civic
13 organization not conducted for the economic or political
14 advantage of its members, subject to the following
15 limitations:
16 1. A judge should not serve if it is likely that the
17 organization will be engaged in proceedings that would
18 ordinarily come before him or her or will be regularly engaged
19 in adversary proceedings in any court.
20 2. A judge should not solicit funds for any
21 educational, religious, charitable, fraternal, or civil
22 organization, or use or permit the use of the prestige of the
23 office for that purpose, but may be listed as an officer,
24 director, or trustee of such an organization. A judge should
25 not be a speaker or a guest of honor at any organization's
26 fundraising events, but may attend such events.
27 3. A judge should not give investment advice to such
28 an organization, but may serve on its board of directors or
29 trustees even though it has the responsibility for approving
30 investment decisions.
31 (c) Financial activities.--
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1 1. A judge should refrain from financial and business
2 dealings that tend to reflect adversely on his or her
3 impartiality, interfere with the proper performance of his or
4 her judicial duties, exploit his or her judicial position, or
5 involve the judge in frequent transactions with lawyers or
6 persons likely to come before the court on which he or she
7 serves.
8 2. Subject to the requirements of subsection (1), a
9 judge in an individual or corporate capacity may hold and
10 manage investments, including real estate, and engage in other
11 remunerative activity, but should not serve as an officer,
12 director, manager, advisor, or employee of any business,
13 except a closely held family business that does not conflict
14 with subsection (1).
15 3. A judge should manage his or her investments and
16 other financial interests to minimize the number of cases in
17 which he or she is disqualified. As soon as the judge can do
18 so without serious financial detriment, he or she should
19 divest himself or herself of investments and other financial
20 interests that might require frequent disqualifications.
21 4. A judge should not accept a gift, bequest, favor,
22 or loan from anyone except as follows:
23 a. A judge may accept a gift incident to a public
24 testimonial to him or her; books supplied by publishers on a
25 complimentary basis for official use; or an invitation to the
26 judge and spouse to attend a bar-related function or activity
27 devoted to the improvement of the law, the legal system, or
28 the administration of justice;
29 b. A judge may accept ordinary hospitality; a gift,
30 bequest, favor, or loan from a relative; a wedding or an
31 engagement gift; a loan from a lending institution in its
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1 regular course of business on the same terms generally
2 available to persons who are not judges; or a scholarship or
3 fellowship awarded on the same terms applied to other
4 applicants;
5 c. A judge may accept any other gift, bequest, favor,
6 or loan exceeding $100 only if the donor is not a party or
7 other person whose interests have recently come or may likely
8 come before him or her in the immediate future.
9 5. A judge should make a reasonable effort to be
10 informed about the personal financial interests of members of
11 his or her family residing in the judge's household and shall
12 report any gift, bequest, favor, or loan received thereby of
13 which he or she has knowledge and which tends to reflect
14 adversely on his or her impartiality, in the same manner as he
15 or she reports compensation in subsection (6).
16 6. For the purpose of this section, "member of his or
17 her family residing in the judge's household" means any
18 relative of a judge by blood or marriage, or a person treated
19 by a judge as a member of his or her family, who resides in
20 the judge's household.
21 7. A judge is not required by this section to disclose
22 his or her income, debts, or investments, except as provided
23 in subsections (3) and (6).
24 8. Information required by a judge in which his or her
25 judicial capacity should not be used or disclosed by the judge
26 in financial dealings or for any other purpose not related to
27 his or her judicial duties.
28 (6) FISCAL MATTERS OF JUDGES.--Fiscal matters of a
29 judge should be conducted in a manner that will not give the
30 appearance of influence or impropriety. A judge should
31 regularly file public reports as required by s. 8, Art. II of
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1 the State Constitution, and should publicly report gifts.
2 (a) Compensation for quasi-judicial and extrajudicial
3 services and reimbursement of expenses.--A judge may receive
4 compensation and reimbursement of expenses for the
5 quasi-judicial and extrajudicial activities permitted by this
6 section, if the source of such payments does not give the
7 appearance of influencing the judge in his or her judicial
8 duties or otherwise give the impression of impropriety subject
9 to the following restrictions:
10 1. Compensation: Compensation should not exceed a
11 reasonable amount nor should it exceed what a person who is
12 not a judge would receive for the same activity.
13 2. Expense reimbursement: Expense reimbursement
14 should be limited to the actual cost of travel, food, and
15 lodging reasonably incurred by the judge and, where
16 appropriate to the occasion, to his or her spouse. Any payment
17 in excess of such an amount is compensation.
18 (b) Public financial reporting.--
19 1. Income and assets: A judge shall file such public
20 reports as may be required by law for all public officials to
21 comply fully with the provisions of s. 8, Art. II of the State
22 Constitution. The form for public financial disclosure shall
23 be that recommended or adopted by the Florida Commission on
24 Ethics for use by all public officials. The form shall be
25 filed in the office of the Commission on Ethics on the date
26 prescribed by law.
27 2. Gifts: A judge shall file a public report of all
28 gifts which are required to be disclosed under Canons 5D(5)(h)
29 and 6B(2) of the Code of Judicial Conduct. The report of gifts
30 received in the preceding calendar year shall be filed in the
31 office of the Commission on Ethics on or before July 1 of each
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1 year.
2 Section 27. Section 440.45, Florida Statutes, is
3 amended to read:
4 440.45 Office of the Judges of Compensation Claims.--
5 (1)(a) There is hereby created the Office of the
6 Judges of Compensation Claims within the Department of
7 Management Services Labor and Employment Security. The Office
8 of the Judges of Compensation Claims shall be headed by the
9 Deputy a Chief Judge of Compensation Claims. The Deputy Chief
10 Judge shall report to the director of the Division of
11 Administrative Hearings. The Deputy Chief Judge shall be
12 appointed by the Governor for a term of 4 years from a list of
13 three names submitted by the statewide nominating commission
14 created under subsection (2). The Deputy Chief Judge must
15 demonstrate prior administrative experience and possess the
16 same qualifications for appointment as a judge of compensation
17 claims, and the procedure for reappointment of the Deputy
18 Chief Judge will be the same as for reappointment of a judge
19 of compensation claims. The office shall be a separate budget
20 entity and the director of the Division of Administrative
21 Hearings Chief Judge shall be its agency head for all
22 purposes. The Department of Management Services Labor and
23 Employment Security shall provide administrative support and
24 service to the office to the extent requested by the director
25 of the Division of Administrative Hearings Chief Judge but
26 shall not direct, supervise, or control the Office of the
27 Judges of Compensation Claims in any manner, including, but
28 not limited to, personnel, purchasing, budgetary matters, or
29 property transactions. The operating budget of the Office of
30 the Judges of Compensation Claims shall be paid out of the
31 Workers' Compensation Administration Trust Fund established in
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Amendment No. ___ Barcode 685782
1 s. 440.50.
2 (b) The current term of the Chief Judge of
3 Compensation Claims shall expire October 1, 2001. Effective
4 October 1, 2001, the position of Deputy Chief Judge of
5 Compensation Claims is created.
6 (2)(a) The Governor shall appoint full-time judges of
7 compensation claims to conduct proceedings as required by this
8 chapter or other law. No person may be nominated to serve as a
9 judge of compensation claims unless he or she has been a
10 member of The Florida Bar in good standing for the previous 5
11 years and is experienced knowledgeable in the practice of law
12 of workers' compensation. No judge of compensation claims
13 shall engage in the private practice of law during a term of
14 office.
15 (b) Except as provided in paragraph (c), the Governor
16 shall appoint a judge of compensation claims from a list of
17 three persons nominated by a statewide nominating commission.
18 The statewide nominating commission shall be composed of the
19 following:
20 1. Five members, at least one of whom must be a member
21 of a minority group as defined in s. 288.703(3), one of each
22 who resides in each of the territorial jurisdictions of the
23 district courts of appeal, appointed by the Board of Governors
24 of The Florida Bar from among The Florida Bar members who are
25 engaged in the practice of law. On July 1, 1999, the term of
26 office of each person appointed by the Board of Governors of
27 The Florida Bar to the commission expires. The Board of
28 Governors shall appoint members who reside in the odd-numbered
29 district court of appeal jurisdictions to 4-year terms each,
30 beginning July 1, 1999, and members who reside in the
31 even-numbered district court of appeal jurisdictions to 2-year
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1 terms each, beginning July 1, 1999. Thereafter, each member
2 shall be appointed for a 4-year term;
3 2. Five electors, at least one of whom must be a
4 member of a minority group as defined in s. 288.703(3), one of
5 each who resides in each of the territorial jurisdictions of
6 the district courts of appeal, appointed by the Governor. On
7 July 1, 1999, the term of office of each person appointed by
8 the Governor to the commission expires. The Governor shall
9 appoint members who reside in the odd-numbered district court
10 of appeal jurisdictions to 2-year terms each, beginning July
11 1, 1999, and members who reside in the even-numbered district
12 court of appeal jurisdictions to 4-year terms each, beginning
13 July 1, 1999. Thereafter, each member shall be appointed for a
14 4-year term; and
15 3. Five electors, at least one of whom must be a
16 member of a minority group as defined in s. 288.703(3), one of
17 each who resides in the territorial jurisdictions of the
18 district courts of appeal, selected and appointed by a
19 majority vote of the other 10 members of the commission. On
20 October 1, 1999, the term of office of each person appointed
21 to the commission by its other members expires. A majority of
22 the other members of the commission shall appoint members who
23 reside in the odd-numbered district court of appeal
24 jurisdictions to 2-year terms each, beginning October 1, 1999,
25 and members who reside in the even-numbered district court of
26 appeal jurisdictions to 4-year terms each, beginning October
27 1, 1999. Thereafter, each member shall be appointed for a
28 4-year term.
29
30 A vacancy occurring on the commission shall be filled by the
31 original appointing authority for the unexpired balance of the
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1 term. No attorney who appears before any judge of compensation
2 claims more than four times a year is eligible to serve on the
3 statewide nominating commission. The meetings and
4 determinations of the nominating commission as to the judges
5 of compensation claims shall be open to the public.
6 (c) Each judge of compensation claims shall be
7 appointed for a term of 4 years, but during the term of office
8 may be removed by the Governor for cause. Prior to the
9 expiration of a judge's term of office, the statewide
10 nominating commission shall review the judge's conduct and
11 determine whether the judge's performance is satisfactory.
12 Effective July 1, 2002, in determining whether a judge's
13 performance is satisfactory, the commission shall consider the
14 extent to which the judge has met the requirements of this
15 chapter, including, but not limited to, the requirements of
16 ss. 440.192(2), 440.25(1) and (4)(a)-(f), 440.34(2), and
17 440.442. If the judge's performance is deemed satisfactory,
18 the commission shall report its finding to the Governor no
19 later than 6 months prior to the expiration of the judge's
20 term of office. The Governor shall review the commission's
21 report and may reappoint the judge for an additional 4-year
22 term. If the Governor does not reappoint the judge, the
23 Governor shall inform the commission. The judge shall remain
24 in office until the Governor has appointed a successor judge
25 in accordance with paragraphs (a) and (b). If a vacancy occurs
26 during a judge's unexpired term, the statewide nominating
27 commission does not find the judge's performance is
28 satisfactory, or the Governor does not reappoint the judge,
29 the Governor shall appoint a successor judge for a term of 4
30 years in accordance with paragraph (b).
31 (d) The Governor may appoint any attorney who has at
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1 least 5 years of experience in the practice of law in this
2 state to serve as a judge of compensation claims pro hac vice
3 in the absence or disqualification of any full-time judge of
4 compensation claims or to serve temporarily as an additional
5 judge of compensation claims in any area of the state in which
6 the Governor determines that a need exists for such an
7 additional judge. However, an attorney who is so appointed by
8 the Governor may not serve for a period of more than 120
9 successive days.
10 (e) The director of the Division of Administrative
11 Hearings may receive or initiate complaints, conduct
12 investigations, and dismiss complaints against the Deputy
13 Chief Judge and the judges of compensation claims on the basis
14 of the Code of Judicial Conduct. The director may recommend to
15 the Governor the removal of the Deputy Chief Judge or a judge
16 of compensation claims or recommend the discipline of a judge
17 whose conduct during his or her term of office warrants such
18 discipline. For purposes of this section, the term
19 "discipline" includes reprimand, fine, and suspension with or
20 without pay. At the conclusion of each investigation, the
21 director shall submit preliminary findings of fact and
22 recommendations to the judge of compensation claims who is the
23 subject of the complaint. The judge of compensation claims has
24 20 days within which to respond to the preliminary findings.
25 The response and the director's rebuttal to the response must
26 be included in the final report submitted to the Governor.
27 (3) The Chief Judge shall select from among the full
28 time judges of the office two or more judges to rotate as
29 docketing judges. Docketing judges shall review all claims for
30 benefits for consistency with the requirements of this chapter
31 and the rules of procedure, including, but not limited to,
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1 specificity requirements, and shall dismiss any claim that
2 fails to comport with such rules and requirements. The
3 docketing judge shall not dismiss any claim with prejudice
4 without offering the parties an opportunity to appear and
5 present argument. The Chief Judge may as he or she deems
6 appropriate expand the duties of the docketing judges to
7 include resolution without hearing of other types of
8 procedural and substantive matters, including resolution of
9 fee disputes.
10 (3)(4) The Chief Judge shall have the discretion to
11 require mediation and to designate qualified persons to act as
12 mediators in any dispute pending before the judges of
13 compensation claims and the division. The Deputy Chief Judge
14 shall coordinate with the Director of the Division of Workers'
15 Compensation to establish a mandatory mediation program to
16 facilitate early and efficient resolution of disputes arising
17 under this chapter and to establish training and continuing
18 education for new and sitting judges.
19 (4)(5) The Office of the Judges of Compensation Claims
20 shall adopt promulgate rules to effect the purposes of this
21 section. Such rules shall include procedural rules applicable
22 to workers' compensation claim resolution and uniform criteria
23 for measuring the performance of the office, including, but
24 not limited to, the number of cases assigned and disposed, the
25 age of pending and disposed cases, timeliness of
26 decisionmaking, extraordinary fee awards, and other data
27 necessary for the judicial nominating commission to review the
28 performance of judges as required in paragraph (2)(c)
29 performance indicators. The workers' compensation rules of
30 procedure approved by the Supreme Court shall apply until the
31 rules adopted promulgated by the Office of the Judges of
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1 Compensation Claims pursuant to this section become effective.
2 (5)(6) Not later than December 1 of each year, the
3 Office of the Judges of Compensation Claims and the Division
4 of Workers' Compensation shall jointly issue a written report
5 to the Governor, the House of Representatives, and the Senate,
6 The Florida Bar, and the statewide nominating commission
7 summarizing the amount, cost, and outcome of all litigation
8 resolved in the previous fiscal prior year, summarizing the
9 disposition of mediation conferences, the number of mediation
10 conferences held, the number of continuances granted for
11 mediations and final hearings, the number and outcome of
12 litigated cases, the amount of attorney's fees paid in each
13 case according to order year and accident year, and the number
14 of final orders not issued within 30 days after the final
15 hearing or closure of the hearing record, applications and
16 motions for mediation conferences and recommending changes or
17 improvements to the dispute resolution elements of the
18 Workers' Compensation Law and regulations. If the Deputy Chief
19 Judge finds that judges generally are unable to meet a
20 particular statutory requirement for reasons beyond their
21 control, the Deputy Chief Judge shall submit such findings and
22 any recommendations to the Legislature.
23 Section 28. Section 440.47, Florida Statutes, is
24 amended to read:
25 440.47 Travel expenses.--The Deputy Chief Judge,
26 judges of compensation claims, and employees of the department
27 shall be reimbursed for travel expenses as provided in s.
28 112.061. Such expenses shall be sworn to by the person who
29 incurred the same and shall be allowed and paid as provided in
30 s. 440.50 upon the presentation of vouchers therefor approved
31 by the director of the Division of Administrative Hearings
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1 Chief Judge or the department, whichever is applicable.
2 Section 29. Section 440.59, Florida Statutes, is
3 amended to read:
4 440.59 Reporting requirements.--
5 (1) The department of Labor and Employment Security
6 shall annually prepare a report of the administration of this
7 chapter for the preceding calendar year, including a detailed
8 statement of the receipts of and expenditures from the fund
9 established in s. 440.50 and a statement of the causes of the
10 accidents leading to the injuries for which the awards were
11 made, together with such recommendations as the department
12 considers advisable. On or before September 15 of each year,
13 the department shall submit a copy of the report to the
14 Governor, the President of the Senate, the Speaker of the
15 House of Representatives, the Democratic and Republican
16 Leaders of the Senate and the House of Representatives, and
17 the chairs of the legislative committees having jurisdiction
18 over workers' compensation.
19 (2) The Division of Workers' Compensation of the
20 Department of Labor and Employment Security shall complete on
21 a quarterly basis an analysis of the previous quarter's
22 injuries which resulted in workers' compensation claims. The
23 analysis shall be broken down by risk classification, shall
24 show for each such risk classification the frequency and
25 severity for the various types of injury, and shall include an
26 analysis of the causes of such injuries. The division shall
27 distribute to each employer and self-insurer in the state
28 covered by the Workers' Compensation Law the data relevant to
29 its workforce. The report shall also be distributed to the
30 insurers authorized to write workers' compensation insurance
31 in the state.
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1 (2)(3) The division shall annually prepare a closed
2 claim report for all claims for which the employee lost more
3 than 7 days from work and shall submit a copy of the report to
4 the Governor, the President of the Senate, the Speaker of the
5 House of Representatives, the Democratic and Republican
6 Leaders of the Senate and the House of Representatives, and
7 the chairs of the legislative committees having jurisdiction
8 over workers' compensation on or before September 15 of each
9 year. The closed claim report shall include, but not be
10 limited to, an analysis of all claims closed during the
11 preceding year as to the date of accident, age of the injured
12 employee, occupation of the injured employee, type of injury,
13 body part affected, type and duration of indemnity benefits
14 paid, permanent impairment rating, medical benefits identified
15 by type of health care provider, and type and cost of any
16 rehabilitation benefits provided.
17 (3)(4) The division shall prepare an annual report for
18 all claims for which the employee lost more than 7 days from
19 work and shall submit a copy of the report to the Governor,
20 the President of the Senate, the Speaker of the House of
21 Representatives, the Democratic and Republican Leaders of the
22 Senate and the House of Representatives, and the chairs of the
23 legislative committees having jurisdiction over workers'
24 compensation, on or before September 15 of each year. The
25 annual report shall include a status report on all cases
26 involving work-related injuries in the previous 10 years. The
27 annual report shall include, but not be limited to, the number
28 of open and closed cases, the number of cases receiving
29 various types of benefits, and the cash and medical benefits
30 paid between the date of injury and the evaluation date, the
31 number of litigated cases, and the amount of attorney's fees
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Amendment No. ___ Barcode 685782
1 paid in each case.
2 (5) The Chief Judge must prepare an annual report
3 summarizing the disposition of mediation conferences and must
4 submit the report to the Governor, the President of the
5 Senate, the Speaker of the House of Representatives, the
6 Democratic and Republican Leaders of the Senate and the House
7 of Representatives, and the chairs of the legislative
8 committees having jurisdiction over workers' compensation, on
9 or before September 15 of each year.
10 Section 30. Section 440.593, Florida Statutes, is
11 amended to read:
12 440.593 Electronic reporting.--
13 (1) The division may establish by rule an electronic
14 reporting system requiring or authorizing whereby an employer
15 or carrier is required to submit required forms, reports, or
16 other information electronically rather than by other means
17 filing otherwise required forms or reports. The division may
18 by rule establish different deadlines for submitting forms,
19 reports, or reporting information to the division, or to its
20 authorized agent, via the electronic reporting system than are
21 otherwise required when reporting information by other means.
22 (2) The division may require any carrier to submit
23 data electronically, either directly or through a third-party
24 vendor, and may require any carrier or vendor submitting data
25 to the division electronically to be certified by the
26 division. The division may specify performance requirements
27 for any carrier or vendor submitting data electronically.
28 (3) The division may revoke the certification of any
29 carrier or vendor determined by the division to be in
30 noncompliance with performance standards prescribed by rule
31 for electronic submissions.
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1 (4) The division may assess a civil penalty, not to
2 exceed $500 for each violation, as prescribed by rule.
3 (5) The division is authorized to adopt rules to
4 administer this section.
5 Section 31. Section 489.114, Florida Statutes, is
6 amended to read:
7 489.114 Evidence of workers' compensation
8 coverage.--Except as provided in s. 489.115(5)(d), any person,
9 business organization, or qualifying agent engaged in the
10 business of contracting in this state and certified or
11 registered under this part shall, as a condition precedent to
12 the issuance or renewal of a certificate, registration, or
13 certificate of authority of the contractor, provide to the
14 Construction Industry Licensing Board, as provided by board
15 rule, evidence of workers' compensation coverage pursuant to
16 chapter 440. In the event that the Division of Workers'
17 Compensation of the Department of Labor and Employment
18 Security receives notice of the cancellation of a policy of
19 workers' compensation insurance insuring a person or entity
20 governed by this section, the Division of Workers'
21 Compensation shall certify and identify all persons or
22 entities by certification or registration license number to
23 the department after verification is made by the Division of
24 Workers' Compensation that such cancellation has occurred or
25 that persons or entities governed by this section are no
26 longer covered by workers' compensation insurance. Such
27 certification and verification by the Division of Workers'
28 Compensation shall result solely from records furnished to the
29 Division of Workers' Compensation by the persons or entities
30 governed by this section. The department shall notify the
31 persons or entities governed by this section who have been
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1 determined to be in noncompliance with chapter 440, and the
2 persons or entities notified shall provide certification of
3 compliance with chapter 440 to the department and pay an
4 administrative fine as provided by rule. The failure to
5 maintain workers' compensation coverage as required by law
6 shall be grounds for the board to revoke, suspend, or deny the
7 issuance or renewal of a certificate, registration, or
8 certificate of authority of the contractor under the
9 provisions of s. 489.129.
10 Section 32. Paragraph (d) is added to subsection (5)
11 of section 489.115, Florida Statutes, to read:
12 489.115 Certification and registration; endorsement;
13 reciprocity; renewals; continuing education.--
14 (5)
15 (d) An applicant for initial issuance of a certificate
16 or registration shall submit as a prerequisite to qualifying
17 for an exemption from workers' compensation coverage
18 requirements under s. 440.05 an affidavit attesting to the
19 fact that the applicant will obtain an exemption within 30
20 days after the date the initial certificate or registration is
21 issued by the board.
22 Section 33. Section 489.510, Florida Statutes, is
23 amended to read:
24 489.510 Evidence of workers' compensation
25 coverage.--Except as provided in s. 489.515(3)(b), any person,
26 business organization, or qualifying agent engaged in the
27 business of contracting in this state and certified or
28 registered under this part shall, as a condition precedent to
29 the issuance or renewal of a certificate or registration of
30 the contractor, provide to the Electrical Contractors'
31 Licensing Board, as provided by board rule, evidence of
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1 workers' compensation coverage pursuant to chapter 440. In
2 the event that the Division of Workers' Compensation of the
3 Department of Labor and Employment Security receives notice of
4 the cancellation of a policy of workers' compensation
5 insurance insuring a person or entity governed by this
6 section, the Division of Workers' Compensation shall certify
7 and identify all persons or entities by certification or
8 registration license number to the department after
9 verification is made by the Division of Workers' Compensation
10 that such cancellation has occurred or that persons or
11 entities governed by this section are no longer covered by
12 workers' compensation insurance. Such certification and
13 verification by the Division of Workers' Compensation shall
14 result solely from records furnished to the Division of
15 Workers' Compensation by the persons or entities governed by
16 this section. The department shall notify the persons or
17 entities governed by this section who have been determined to
18 be in noncompliance with chapter 440, and the persons or
19 entities notified shall provide certification of compliance
20 with chapter 440 to the department and pay an administrative
21 fine as provided by rule. The failure to maintain workers'
22 compensation coverage as required by law shall be grounds for
23 the board to revoke, suspend, or deny the issuance or renewal
24 of a certificate or registration of the contractor under the
25 provisions of s. 489.533.
26 Section 34. Subsection (3) of section 489.515, Florida
27 Statutes, is amended to read:
28 489.515 Issuance of certificates; registrations.--
29 (3)(a) As a prerequisite to the initial issuance or
30 the renewal of a certificate or registration, the applicant
31 shall submit an affidavit on a form provided by the board
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1 attesting to the fact that the applicant has obtained both
2 workers' compensation insurance or an acceptable exemption
3 certificate issued by the department and public liability and
4 property damage insurance for the health, safety, and welfare
5 of the public in amounts determined by rule of the board. The
6 board shall by rule establish a procedure to verify the
7 accuracy of such affidavits based upon a random audit method.
8 (b) An applicant for initial issuance of a certificate
9 or registration shall submit as a prerequisite to qualifying
10 for an exemption from workers' compensation coverage
11 requirements under s. 440.05 an affidavit attesting to the
12 fact that the applicant will obtain an exemption within 30
13 days after the date the initial certificate or registration is
14 issued by the board.
15 Section 35. Section 627.0915, Florida Statutes, is
16 amended to read:
17 627.0915 Rate filings; workers' compensation,
18 drug-free workplace, and safe employers.--The Department of
19 Insurance shall approve rating plans for workers' compensation
20 insurance that give specific identifiable consideration in the
21 setting of rates to employers that either implement a
22 drug-free workplace program pursuant to rules adopted by the
23 Division of Workers' Compensation of the Department of Labor
24 and Employment Security or implement a safety program pursuant
25 to provisions of the rating plan approved by the Division of
26 Safety pursuant to rules adopted by the Division of Safety of
27 the Department of Labor and Employment Security or implement
28 both a drug-free workplace program and a safety program. The
29 Division of Safety may by rule require that the client of a
30 help supply services company comply with the essential
31 requirements of a workplace safety program as a condition for
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1 receiving a premium credit. The plans must take effect January
2 1, 1994, must be actuarially sound, and must state the savings
3 anticipated to result from such drug-testing and safety
4 programs.
5 Section 36. Paragraph (p) of subsection (4) of section
6 627.311, Florida Statutes, is amended to read:
7 627.311 Joint underwriters and joint reinsurers.--
8 (4)
9 (p) Neither the plan nor any member of the board of
10 governors is liable for monetary damages to any person for any
11 statement, vote, decision, or failure to act, regarding the
12 management or policies of the plan, unless:
13 1. The member breached or failed to perform her or his
14 duties as a member; and
15 2. The member's breach of, or failure to perform,
16 duties constitutes:
17 a. A violation of the criminal law, unless the member
18 had reasonable cause to believe her or his conduct was not
19 unlawful. A judgment or other final adjudication against a
20 member in any criminal proceeding for violation of the
21 criminal law estops that member from contesting the fact that
22 her or his breach, or failure to perform, constitutes a
23 violation of the criminal law; but does not estop the member
24 from establishing that she or he had reasonable cause to
25 believe that her or his conduct was lawful or had no
26 reasonable cause to believe that her or his conduct was
27 unlawful;
28 b. A transaction from which the member derived an
29 improper personal benefit, either directly or indirectly; or
30 c. Recklessness or any act or omission that was
31 committed in bad faith or with malicious purpose or in a
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SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
1 manner exhibiting wanton and willful disregard of human
2 rights, safety, or property. For purposes of this
3 sub-subparagraph, the term "recklessness" means the acting, or
4 omission to act, in conscious disregard of a risk:
5 (I) Known, or so obvious that it should have been
6 known, to the member; and
7 (II) Known to the member, or so obvious that it should
8 have been known, to be so great as to make it highly probable
9 that harm would follow from such act or omission.
10 Section 37. Effective July 1, 2001, section 627.914,
11 Florida Statutes, is amended to read:
12 627.914 Reports of information by workers'
13 compensation insurers required.--
14 (1) The department shall adopt promulgate rules and
15 statistical plans that must which shall thereafter be used by
16 each insurer and self-insurance fund as defined in s. 624.461
17 in the recording and reporting of loss, expense, and claims
18 experience, in order that the experience of all insurers and
19 self-insurance funds self-insurers may be made available at
20 least annually in such form and detail as may be necessary to
21 aid the department in determining whether Florida experience
22 for workers' compensation insurance is sufficient for
23 establishing rates.
24 (2) Any insurer authorized to write a policy of
25 workers' compensation insurance shall transmit the following
26 information to the department each year with its annual
27 report, and such information shall be reported on a net basis
28 with respect to reinsurance for nationwide experience and on a
29 direct basis for Florida experience:
30 (a) Premiums written;
31 (b) Premiums earned;
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SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
1 (c) Dividends paid or credited to policyholders;
2 (d) Losses paid;
3 (e) Allocated loss adjustment expenses;
4 (f) The ratio of allocated loss adjustment expenses to
5 losses paid;
6 (g) Unallocated loss adjustment expenses;
7 (h) The ratio of unallocated loss adjustment expenses
8 to losses paid;
9 (i) The total of losses paid and unallocated and
10 allocated loss adjustment expenses;
11 (j) The ratio of losses paid and unallocated and
12 allocated loss adjustment expenses to premiums earned;
13 (k) The number of claims outstanding as of December 31
14 of each year;
15 (l) The total amount of losses unpaid as of December
16 31 of each year;
17 (m) The total amount of allocated and unallocated loss
18 adjustment expenses unpaid as of December 31 of each year; and
19 (n) The total of losses paid and allocated loss
20 adjustment expenses and unallocated loss adjustment expenses,
21 plus the total of losses unpaid as of December 31 of each year
22 and loss adjustment expenses unpaid as of December 31 of each
23 year.
24 (3) A report of the information required in subsection
25 (2) shall be filed no later than April 1 of each year and
26 shall include the information for the preceding year ending
27 December 31. All reports shall be on a calendar-accident year
28 basis, and each calendar-accident year shall be reported at
29 eight stages of development.
30 (2)(4) Each insurer and self-insurance fund authorized
31 to write a policy of workers' compensation insurance shall
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SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
1 transmit the following information for paragraphs (a), (b),
2 (d), and (e) annually on both Florida experience and
3 nationwide experience separately:
4 (a) Payrolls by classification.
5 (b) Manual premiums by classification.
6 (c) Standard premiums by classification.
7 (d) Losses by classification and injury type.
8 (e) Expenses.
9
10 A report of this information shall be filed no later than July
11 April 1 of each year. All reports shall be filed in
12 accordance with standard reporting procedures for insurers,
13 which procedures have received approval by the department, and
14 shall contain data for the most recent policy period
15 available. A statistical or rating organization may be used
16 by insurers and self-insurance funds to report the data
17 required by this section. The statistical or rating
18 organization shall report each data element in the aggregate
19 only for insurers and self-insurance funds required to report
20 under this section who elect to have the rating organization
21 report on their behalf. Such insurers and self-insurance funds
22 shall be named in the report.
23 (3)(5) Individual self-insurers as defined authorized
24 to transact workers' compensation insurance as provided in s.
25 440.02 shall report only Florida data as prescribed in
26 paragraphs (a)-(e) of subsection (2) (4) to the Division of
27 Workers' Compensation of the Department of Labor and
28 Employment Security.
29 (a) The Division of Workers' Compensation shall
30 publish the dates and forms necessary to enable individual
31 self-insurers to comply with this section.
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SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
1 (b) The Division of Workers' Compensation shall report
2 the information collected under this section to the Department
3 of Insurance in a manner prescribed by the department.
4 (b)(c) A statistical or rating organization may be
5 used by individual self-insurers for the purposes of reporting
6 the data required by this section and calculating experience
7 ratings.
8 (4)(6) The department shall provide a summary of
9 information provided pursuant to subsection subsections (2)
10 and (4) in its annual report.
11 Section 38. (1) The Office of the Judges of
12 Compensation Claims is transferred by a type two transfer, as
13 defined in section 20.06(2), Florida Statutes, from the
14 Department of Labor and Employment Security to the Division of
15 Administrative Hearings of the Department of Management
16 Services.
17 (2) Four positions within the Division of Workers'
18 Compensation of the Department of Labor and Employment
19 Security responsible for coding or entering data contained
20 within final orders issued by the judges of compensation
21 claims are transferred by a type two transfer, as defined in
22 section 20.06(2), Florida Statutes, to the Office of the
23 Judges of Compensation Claims within the Division of
24 Administrative Hearings of the Department of Management
25 Services.
26 (3) Ten positions within the Division of Workers'
27 Compensation of the Department of Labor and Employment
28 Security responsible for receiving and preparing docketing
29 orders for the petitions for benefits and for receiving and
30 entering data related to the petitions for benefits are
31 transferred by a type two transfer, as defined in section
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SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
1 20.06(2), Florida Statutes, to the Office of the Judges of
2 Compensation Claims within the Division of Administrative
3 Hearings of the Department of Management Services.
4 (4) Four positions within the Division of Workers'
5 Compensation of the Department of Labor and Employment
6 Security responsible for financial management, accounting, and
7 budgeting for the Office of the Judges of Compensation Claims
8 are transferred by a type two transfer, as defined in section
9 20.06(2), Florida Statutes, to the Office of the Judges of
10 Compensation Claims within the Division of Administrative
11 Hearings of the Department of Management Services.
12 Section 39. Except as otherwise provided herein, this
13 act shall take effect October 1, 2001.
14
15
16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 Delete everything before the enacting clause
19
20 and insert:
21 A bill to be entitled
22 An act relating to workers' compensation;
23 amending s. 61.14, F.S.; requiring a judge of
24 compensation claims to consider the interests
25 of the worker and the worker's family when
26 approving settlements of workers' compensation
27 claims; requiring appropriate recovery of any
28 child support arrearage from such settlements;
29 amending s. 61.30, F.S.; providing that gross
30 income includes all workers' compensation
31 benefits and settlements; amending s. 112.3145,
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SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
1 F.S.; redefining the term "specified state
2 employee" to include the Deputy Chief Judge of
3 Compensation Claims; amending s. 120.65, F.S.;
4 establishing requirements for the Deputy Chief
5 Judge; amending s. 121.055, F.S.; including the
6 Deputy Chief Judge in the Senior Management
7 Service Class of the Florida Retirement System;
8 conforming provisions to the transfer of the
9 judges of compensation claims from the
10 Department of Labor and Employment Security to
11 the Division of Administrative Hearings;
12 amending s. 381.004, F.S.; conforming
13 provisions to the transfer of the judges of
14 compensation claims to the Division of
15 Administrative Hearings; amending s. 440.02,
16 F.S.; revising a monetary limit in a
17 definition; excluding certain sports officials
18 from the definition of "employee"; excluding
19 certain work done by state prisoners and county
20 inmates from the definition of "employment";
21 amending s. 440.09, F.S.; excluding employees
22 covered under the Defense Base Act from payment
23 of benefits; creating s. 440.1025, F.S.;
24 providing for consideration of a public
25 employer workplace safety program in
26 rate-setting; amending s. 440.105, F.S.;
27 reclassifying the Chief Judge of Compensation
28 Claims as the Deputy Chief Judge of
29 Compensation Claims; amending s. 440.12, F.S.;
30 providing for direct deposit of compensation
31 payments; amending s. 440.13, F.S.; revising
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SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
1 requirements for submission of certain medical
2 reports and bills; granting rehabilitation
3 providers access to medical records; revising
4 provider eligibility requirements; amending s.
5 440.134, F.S.; requiring certain insurers to
6 provide medically necessary remedial treatment,
7 care, and attendance under certain
8 circumstances; amending s. 440.14, F.S.;
9 requiring an employee to provide certain
10 information concerning concurrent employment;
11 amending s. 440.185, F.S.; authorizing the
12 division to contract with a private entity for
13 collection of certain policy information;
14 providing application; amending s. 440.192,
15 F.S.; revising requirements and procedures for
16 filing petitions for benefits; permitting
17 judges to dismiss portions of a petition;
18 specifying that dismissal of petitions is
19 without prejudice; amending grounds for
20 dismissal; redesignating the notice of denial
21 as a response to petition; amending s. 440.20,
22 F.S.; providing for payment of compensation by
23 direct deposit under certain circumstances;
24 providing procedural guidelines for certain
25 carriers for certain purposes; revising
26 lump-sum settlement requirements; amending s.
27 440.22, F.S.; excluding child support and
28 alimony claims from general exemption of
29 workers' compensation benefits from claims of
30 creditors; amending s. 440.25, F.S.; revising
31 mediation procedures; requiring written consent
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SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
1 for additional continuances; authorizing the
2 director of the Division of Administrative
3 Hearings to employ mediators; requiring judges
4 of compensation claims to file a report under
5 certain circumstances; eliminating local rule
6 adoption; removing the division's participation
7 in indigency proceedings; conforming provisions
8 to the reclassification of the Chief Judge as
9 the Deputy Chief Judge; amending s. 440.271,
10 F.S.; requiring the First District Court of
11 Appeal to establish a specialized division to
12 hear workers' compensation cases; amending s.
13 440.29, F.S.; conforming provisions to the
14 reclassification of the Chief Judge as the
15 Deputy Chief Judge; amending s. 440.34, F.S.;
16 providing for attorney's fees in a response to
17 petition; amending s. 440.345, F.S.; revising
18 reporting requirements; amending s. 440.38,
19 F.S.; providing for the type of qualifying
20 security deposit necessary to become a
21 self-insured employer; providing requirements,
22 procedures, and criteria; correcting a
23 cross-reference; amending s. 440.44, F.S.;
24 revising record requirements; authorizing the
25 director of the Division of Administrative
26 Hearings to make expenditures relating to the
27 Office of the Judges of Compensation Claims;
28 requiring the office to maintain certain
29 offices and personnel; conforming provisions to
30 the transfer of the Office of the Judges of
31 Compensation Claims to the Division of
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SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
1 Administrative Hearings; amending s. 440.442,
2 F.S.; deleting Code of Judicial Conduct
3 requirements; providing for a Code of Judicial
4 Conduct as adopted by the Florida Supreme
5 Court; amending s. 440.45, F.S.; eliminating
6 the Chief Judge position; creating the position
7 of Deputy Chief Judge of Compensation Claims;
8 conforming provisions to the transfer of the
9 judges of compensation claims from the
10 Department of Labor and Employment Security to
11 the Division of Administrative Hearings within
12 the Department of Management Services;
13 requiring nominees for the judges of
14 compensation claims to meet additional
15 experience requirements; authorizing the
16 director of the Division of Administrative
17 Hearings to initiate and investigate complaints
18 against the Deputy Chief Judge and judges of
19 compensation claims and make recommendations to
20 the Governor; revising reporting requirements;
21 requiring the judicial nominating commission to
22 consider whether judges of compensation claims
23 have met certain requirements; providing
24 procedures; authorizing the Governor to appoint
25 certain judges of compensation claims; amending
26 s. 440.47, F.S.; conforming provisions to the
27 reclassification of the Chief Judge as the
28 Deputy Chief Judge; providing that the director
29 of the Division of Administrative Hearings must
30 approve travel expenses; amending s. 440.59,
31 F.S.; revising certain reporting requirements;
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SENATE AMENDMENT
Bill No. CS for SB 1926
Amendment No. ___ Barcode 685782
1 deleting an injury reporting requirement;
2 deleting an annual reporting requirement of the
3 Chief Judge; amending s. 440.593, F.S.;
4 providing the division with enforcement
5 authority relating to electronic reporting;
6 authorizing the division to assess a civil
7 penalty; authorizing the division to adopt
8 rules; amending ss. 489.114 and 489.510, F.S.;
9 providing an exception to certain workers'
10 compensation coverage evidence requirements;
11 amending ss. 489.115 and 489.515, F.S.;
12 revising certification and registration
13 requirements for initial licensure; amending s.
14 627.0915, F.S.; eliminating references to the
15 Division of Safety of the Department of Labor
16 and Employment Security in relation to rating
17 plans' workplace safety programs; amending s.
18 627.311, F.S.; clarifying language with respect
19 to joint underwriters' liability for monetary
20 damages; amending s. 627.914, F.S.; revising
21 the requirements for reports of information by
22 workers' compensation insurers; deleting a
23 reporting requirement for the Division of
24 Workers' Compensation; transferring the Office
25 of the Judges of Compensation Claims to the
26 Division of Administrative Hearings;
27 transferring certain positions from the
28 Division of Workers' Compensation to the Office
29 of Judges of Compensation Claims; providing
30 effective dates.
31
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