SENATE AMENDMENT
    Bill No. CS for SB 1926
    Amendment No. ___   Barcode 685782
                            CHAMBER ACTION
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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
15  
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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SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 2 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 3 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 4 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 5 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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.-- 6 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 7 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 8 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 9 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 10 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 11 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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. 13 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 12 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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. 13 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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, 14 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 15 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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. 16 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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.-- 17 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 19 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 20 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 21 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 22 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 23 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 24 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 25 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 26 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 27 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 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 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 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 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 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 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 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 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 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 35 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 36 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 37 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 38 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 39 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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: 40 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 41 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 42 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 43 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 44 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 45 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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; 46 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 47 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 48 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 49 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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.-- 50 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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.-- 51 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 52 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 53 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 54 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 55 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 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 56 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 57 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 58 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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, 59 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 60 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 61 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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. 62 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 63 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 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. 64 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 65 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 66 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 67 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 68 4:58 PM 05/01/01 s1926c1c-08k0q
SENATE AMENDMENT Bill No. CS for SB 1926 Amendment No. ___ Barcode 685782 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 69 4:58 PM 05/01/01 s1926c1c-08k0q
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; 70 4:58 PM 05/01/01 s1926c1c-08k0q
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 71 4:58 PM 05/01/01 s1926c1c-08k0q
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. 72 4:58 PM 05/01/01 s1926c1c-08k0q
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 73 4:58 PM 05/01/01 s1926c1c-08k0q
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, 74 4:58 PM 05/01/01 s1926c1c-08k0q
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 75 4:58 PM 05/01/01 s1926c1c-08k0q
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 76 4:58 PM 05/01/01 s1926c1c-08k0q
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 77 4:58 PM 05/01/01 s1926c1c-08k0q
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; 78 4:58 PM 05/01/01 s1926c1c-08k0q
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 79 4:58 PM 05/01/01 s1926c1c-08k0q