CODING: Words stricken are deletions; words underlined are additions.
                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW
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10  ______________________________________________________________
11  The Committee on Transportation & Economic Development
12  Appropriations offered the following:
13
14         Amendment (with title amendment) 
15  Remove everything after the enacting clause,
16
17  and insert:
18         Section 1.  (1)  All powers, duties, functions, rules,
19  records, personnel, property, and unexpended balances of
20  appropriations, allocations, and other funds of the Division
21  of Workers' Compensation are transferred by a type two
22  transfer, as defined in s. 20.06(2), Florida Statutes, from
23  the Department of Labor and Employment Security to the
24  Department of Insurance, except as otherwise provided in this
25  subsection, as follows: the full-time equivalent positions,
26  and the associated funding for salaries, benefits, and
27  expenses related to oversight of medical services in workers'
28  compensation provider relations, dispute and complaint
29  resolution, program evaluation, data management, and review of
30  carrier medical bill payments, are transferred by a type two
31  transfer, as defined in s. 20.06(2), Florida Statutes, from
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  the Department of Labor and Employment Security to the Agency
  2  for Health Care Administration; the full-time equivalent
  3  positions, and the associated funding for salaries, benefits,
  4  and expenses related to the rehabilitation and reemployment of
  5  injured workers are transferred by a type two transfer, as
  6  defined in s. 20.06(2), Florida Statutes, from the Department
  7  of Labor and Employment Security to the Department of
  8  Education; and the full-time equivalent positions, and the
  9  associated funding for salaries, benefits, and expenses
10  related to the administration of child labor laws under
11  chapter 450, Florida Statutes, are transferred by a type two
12  transfer, as defined in s. 20.06(2), Florida Statutes, from
13  the Department of Labor and Employment Security to the
14  Department of Business and Professional Regulation. To the
15  extent feasible, the positions transferred to the Department
16  of Insurance will be reclassified to pay grades comparable to
17  the positions established by the Department of Labor and
18  Employment Security, based on the classification codes and
19  specifications of the positions for work to be performed at
20  the Department of Insurance.  The number of positions the
21  department establishes may not exceed the number of authorized
22  positions and the salary and benefits that were authorized for
23  the Division of Workers' Compensation within the Department of
24  Labor and Employment Security prior to the transfer.  The
25  Department of Insurance is further authorized to reassign,
26  reorganize, reclassify, or otherwise transfer positions to
27  appropriate administrative subdivisions within the department
28  and to establish such regional offices as are necessary to
29  properly enforce and administer its responsibilities under the
30  Florida Insurance Code and chapter 440, Florida Statutes. The
31  department may also enter into contracts with public or
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  private entities to administer its duties and responsibilities
  2  associated with the transfer of the Division of Workers'
  3  Compensation.
  4         (2)  All powers, duties, functions, rules, records,
  5  personnel, property, and unexpended balances of
  6  appropriations, allocations, and other funds of the Office of
  7  the Secretary and the Office of Administrative Services of the
  8  Department of Labor and Employment Security related to the
  9  regulation of labor organizations under chapter 447, Florida
10  Statutes, and the administration of migrant labor and farm
11  labor laws under chapter 450, Florida Statutes, are
12  transferred by a type two transfer, as defined in s. 20.06(2),
13  Florida Statutes, from the Department of Labor and Employment
14  Security to the Department of Business and Professional
15  Regulation.
16         (3)  Any other powers, duties, functions, rules,
17  records, property, and unexpended balances of appropriations,
18  allocations, and other funds of the Department of Labor and
19  Employment Security not otherwise transferred by this act
20  relating to workplace regulation and enforcement, including,
21  but not limited to, those under chapter 448, Florida Statutes,
22  are transferred by a type two transfer, as defined in s.
23  20.06(2), Florida Statutes, from the Department of Labor and
24  Employment Security to the Department of Business and
25  Professional Regulation.
26         (4)  All powers, duties, functions, rules, records,
27  personnel, property, and unexpended balances of
28  appropriations, allocations, and other funds of the
29  Unemployment Appeals Commission relating to the commission's
30  specified authority, powers, duties, and responsibilities are
31  transferred by a type two transfer, as defined in s. 20.06(2),
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Florida Statutes, to the Agency for Workforce Innovation.
  2         (5)  The Office of Information Systems is transferred
  3  by a type two transfer, as defined in s. 20.06(2), Florida
  4  Statutes, from the Department of Labor and Employment Security
  5  to the State Technology Office. Upon completion of this
  6  transfer, the State Technology Office and the Department of
  7  Insurance shall enter into discussions to determine whether it
  8  would be technologically feasible and cost effective to
  9  separate the workers' compensation related systems and
10  transfer ownership of these systems to the Department of
11  Insurance.  If the State Technology Office determines that it
12  would be technologically feasible and cost effective to
13  transfer ownership of the workers' compensation related
14  systems to the Department of Insurance, the State Technology
15  Office and the Department of Insurance shall jointly develop
16  and implement a plan to transfer these systems to the
17  Department of Insurance.
18         (6)(a)  The records, property, and unexpended balances
19  of appropriations, allocations, and other funds and resources
20  of the Office of the Secretary and the Office of
21  Administrative Services of the Department of Labor and
22  Employment Security which support the activities and functions
23  transferred under subsection (1) to the Department of
24  Insurance are transferred as provided in s. 20.06(2), Florida
25  Statutes, to the Department of Insurance.
26         (b)  The records, property, and unexpended balances of
27  appropriations, allocations, and other funds and resources of
28  the Office of the Secretary and the Office of Administrative
29  Services of the Department of Labor and Employment Security
30  which support the activities and functions transferred under
31  subsection (1) to the Agency for Health Care Administration
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  are transferred as provided in s. 20.06(2), Florida Statutes,
  2  to the Agency for Health Care Administration.
  3         (c)  The records, property, and unexpended balances of
  4  appropriations, allocations, and other funds and resources of
  5  the Office of the Secretary and the Office of Administrative
  6  Services of the Department of Labor and Employment Security
  7  which support the activities and functions transferred under
  8  subsection (1) to the Department of Education are transferred
  9  as provided in s. 20.06(2), Florida Statutes, to the
10  Department of Education.
11         (d)  The records, property, and unexpended balances of
12  appropriations, allocations, and other funds and resources of
13  the Office of the Secretary and the Office of Administrative
14  Services of the Department of Labor and Employment Security
15  which support the activities and functions transferred under
16  subsections (1), (2), and (3) to the Department of Business
17  and Professional Regulation are transferred as provided in s.
18  20.06(2), Florida Statutes, to the Department of Business and
19  Professional Regulation.
20         (e)  The records, property, and unexpended balances of
21  appropriations, allocations, and other funds and resources of
22  the Office of the Secretary and the Office of Administrative
23  Services of the Department of Labor and Employment Security
24  which support the activities and functions transferred under
25  subsection (4) to the Agency for Workforce Innovation are
26  transferred as provided in s. 20.06(2), Florida Statutes, to
27  the Agency for Workforce Innovation.
28         (f)  The records, property, and unexpended balances of
29  appropriations, allocations, and other funds and resources of
30  the Office of the Secretary and the Office of Administrative
31  Services of the Department of Labor and Employment Security
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  which support the activities and functions transferred under
  2  subsection (5) to the State Technology Office are transferred
  3  as provided in s. 20.06(2), Florida Statutes, to the State
  4  Technology Office.
  5         (7)  The Department of Management Services shall become
  6  the custodian of any property of the Department of Labor and
  7  Employment Security which is not otherwise transferred for the
  8  purposes of chapter 273, Florida Statutes. The Department of
  9  Management Services is authorized to permit the use of such
10  property by organizations as necessary to implement the
11  provisions of this act.
12         (8)  The Department of Banking and Finance, in
13  conjunction with the Office of the Attorney General, may use
14  any unexpended balances of the Department of Labor and
15  Employment Security to settle any claims or leases, pay out
16  personnel annual leave or sick leave, or close out other costs
17  owed by the department, regardless of whether such costs
18  relate to federal, state, or local governments, department
19  employees, or the private sector. Any remaining balances of
20  the department shall be transferred as directed by this act or
21  by budget amendment.
22         (9)  Notwithstanding any other provision of law, any
23  binding contract or interagency agreement existing on or
24  before July 1, 2002, between the Department of Labor and
25  Employment Security, or an entity or agent of the department,
26  and any other agency, entity, or person shall continue as a
27  binding contract or agreement for the remainder of the term of
28  such contract or agreement with the successor department,
29  agency, or entity responsible for the program, activity, or
30  functions relative to the contract or agreement.
31         (10)  This act does not affect the validity of any
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  judicial or administrative proceeding involving the Department
  2  of Labor and Employment Security which is pending as of the
  3  effective date of any transfer under this act. The successor
  4  department, agency, or entity responsible for the program,
  5  activity, or function relative to the proceeding shall be
  6  substituted, as of the effective date of the applicable
  7  transfer under this act, for the Department of Labor and
  8  Employment Security as a party in interest in any such
  9  proceedings.
10         (11)  To expedite the acquisition of goods and services
11  for implementation of the provisions of this act, the
12  Department of Insurance, the Agency for Health Care
13  Administration, the Department of Education, the Department of
14  Business and Professional Regulation, the Agency for Workforce
15  Innovation, and the State Technology Office are exempt from
16  the provisions of chapter 287, Florida Statutes, when
17  contracting for the purchase or lease of goods or services
18  under this act. This subsection shall take effect upon this
19  act becoming a law and shall expire July 1, 2002.
20         (12)  To expedite the leasing of facilities for
21  implementation of the provisions of this act, the Department
22  of Revenue, the Agency for Health Care Administration, the
23  Department of Education, the Department of Business and
24  Professional Regulation, the Agency for Workforce Innovation,
25  and the State Technology Office are exempt from the
26  requirements of any state laws relating to the leasing of
27  space, including, but not limited to, the requirements imposed
28  by s. 255.25, Florida Statutes, and any rules adopted under
29  such laws; however, all leases entered into under this act on
30  or before June 30, 2002, must be submitted for approval to the
31  Department of Management Services at the earliest practicable
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  time. This subsection shall take effect upon this act becoming
  2  a law and shall expire July 1, 2002.
  3         (13)  Notwithstanding any provisions of chapter 120,
  4  Florida Statutes, to the contrary, the Department of
  5  Insurance, the Agency for Health Care Administration, the
  6  Department of Education, the Department of Business and
  7  Professional Regulation, the Agency for Workforce Innovation,
  8  and the State Technology Office are authorized to develop
  9  emergency rules relating to and in furtherance of the orderly
10  implementation of the provisions of this act. This subsection
11  shall take effect upon this act becoming a law, and these
12  emergency rules shall be valid for a period of 90 days after
13  July 1, 2002.
14         Section 2.  Paragraph (k) is added to subsection (2) of
15  section 20.13, Florida Statutes, to read:
16         20.13  Department of Insurance.--There is created a
17  Department of Insurance.
18         (2)  The following divisions of the Department of
19  Insurance are established:
20         (k)  Division of Workers' Compensation.
21         Section 3.  Subsections (2) and (3) of section 20.50,
22  Florida Statutes, are amended to read:
23         20.50  Agency for Workforce Innovation.--There is
24  created the Agency for Workforce Innovation within the
25  Department of Management Services. The agency shall be a
26  separate budget entity, and the director of the agency shall
27  be the agency head for all purposes. The agency shall not be
28  subject to control, supervision, or direction by the
29  Department of Management Services in any manner, including,
30  but not limited to, personnel, purchasing, transactions
31  involving real or personal property, and budgetary matters.
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         (2)  The Agency for Workforce Innovation shall be the
  2  designated administrative agency for receipt of federal
  3  workforce development grants and other federal funds, and
  4  shall carry out the duties and responsibilities assigned by
  5  the Governor under each federal grant assigned to the agency.
  6  The agency shall be a separate budget entity and shall expend
  7  each revenue source as provided by federal and state law and
  8  as provided in plans developed by and agreements with
  9  Workforce Florida, Inc. The agency shall prepare and submit as
10  a separate budget entity a unified budget request for
11  workforce development, in accordance with chapter 216 for, and
12  in conjunction with, Workforce Florida, Inc., and its board.
13  The head of the agency is the Director of Workforce
14  Innovation, who shall be appointed by the Governor.
15  Accountability and reporting functions of the agency shall be
16  administered by the director or his or her designee. Included
17  in these functions are budget management, financial
18  management, audit, performance management standards and
19  controls, assessing outcomes of service delivery, and
20  financial administration of workforce programs pursuant to s.
21  445.004(5) and (9). Within the agency's overall organizational
22  structure, the agency shall include the following offices
23  which shall have the specified responsibilities:
24         (a)  The Office of Workforce Services shall administer
25  state merit system program staff within the unemployment
26  compensation program, the Rapid Response program, the Work
27  Opportunity Tax Credit program, the Alien Labor Certification
28  program, and any other programs that are delivered directly by
29  agency staff rather than through the one-stop workforce
30  service delivery system, pursuant to policies of Workforce
31  Florida, Inc. The office shall be responsible for delivering
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  services through the one-stop delivery system and for ensuring
  2  that participants in welfare transition programs receive case
  3  management services, diversion assistance, support services,
  4  including subsidized child care and transportation services,
  5  Medicaid services, and transition assistance to enable them to
  6  succeed in the workforce.  The office shall be directed by the
  7  Deputy Director for Workforce Services, who shall be appointed
  8  by and serve at the pleasure of the director.
  9         (b)  The Office of Program Support Workforce Investment
10  and Accountability shall administer state merit system program
11  staff within the workforce service delivery system, pursuant
12  to policies of Workforce Florida, Inc. The office shall be
13  responsible for delivering services through the one-stop
14  delivery system and for ensuring that participants in welfare
15  transition programs receive case management services,
16  diversion assistance, support services, including subsidized
17  child care and transportation services, Medicaid services, and
18  transition assistance to enable them to succeed in the
19  workforce.  The office shall also be responsible for program
20  quality assurance, grants and contract management procurement,
21  contracting, financial management, accounting, audits, and
22  reporting verification. The office shall be directed by the
23  Deputy Director for Program Support Workforce Investment and
24  Accountability, who shall be appointed by and serve at the
25  pleasure of the director.  The office shall be responsible
26  for:
27         1.  Establishing standards and controls for reporting
28  budgeting, expenditure, and performance information for
29  assessing outcomes, service delivery, and financial
30  administration of workforce programs pursuant to s. 445.004(5)
31  and (9).
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         1.2.  Establishing monitoring, quality assurance, and
  2  quality improvement systems that routinely assess the quality
  3  and effectiveness of contracted programs and services.
  4         2.3.  Annual review of each regional workforce board
  5  and administrative entity to ensure adequate systems of
  6  reporting and control are in place, and monitoring, quality
  7  assurance, and quality improvement activities are conducted
  8  routinely, and corrective action is taken to eliminate
  9  deficiencies.
10         (c)  The Office of Agency Support Workforce Information
11  Services shall be responsible for procurement, human resource
12  services, and information services including delivering
13  deliver information on labor markets, employment, occupations,
14  and performance, and shall implement and maintain information
15  systems that are required for the effective operation of the
16  one-stop delivery system and the school readiness services
17  system, including, but not limited to, those systems described
18  in s. 445.009. The office will be under the direction of the
19  Deputy Director for Agency Support Workforce Information
20  Services, who shall be appointed by and serve at the pleasure
21  of the director.  The office shall be responsible for
22  establishing:
23         1.  Information systems and controls that report
24  reliable, timely and accurate fiscal and performance data for
25  assessing outcomes, service delivery, and financial
26  administration of workforce programs pursuant to s. 445.004(5)
27  and (9).
28         2.  Information systems that support service
29  integration and case management by providing for case tracking
30  for participants in welfare transition programs.
31         3.  Information systems that support school readiness
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  services.
  2         (d)  The Unemployment Appeals Commission, authorized by
  3  s. 443.012, shall not be subject to the control, supervision,
  4  or direction by the Agency for Workforce Innovation in the
  5  performance of its powers and duties but shall receive any and
  6  all support and assistance from the agency that may be
  7  required for the performance of its duties.
  8         (3)  The Agency for Workforce Innovation shall serve as
  9  the designated agency for purposes of each federal workforce
10  development grant assigned to it for administration. The
11  agency shall carry out the duties assigned to it by the
12  Governor, under the terms and conditions of each grant. The
13  agency shall have the level of authority and autonomy
14  necessary to be the designated recipient of each federal grant
15  assigned to it, and shall disperse such grants pursuant to the
16  plans and policies of Workforce Florida, Inc. The director
17  may, upon delegation from the Governor and pursuant to
18  agreement with Workforce Florida, Inc., sign contracts,
19  grants, and other instruments as necessary to execute
20  functions assigned to the agency. Notwithstanding other
21  provisions of law, the following federal grants and other
22  funds are assigned for administration to the Agency for
23  Workforce Innovation:
24         (a)  Programs authorized under Title I of the Workforce
25  Investment Act of 1998, Pub. L. No. 105-220, except for
26  programs funded directly by the United States Department of
27  Labor under Title I, s. 167.
28         (b)  Programs authorized under the Wagner-Peyser Act of
29  1933, as amended, 29 U.S.C. ss. 49 et seq.
30         (c)  Welfare-to-work grants administered by the United
31  States Department of Labor under Title IV, s. 403, of the
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Social Security Act, as amended.
  2         (d)  Activities authorized under Title II of the Trade
  3  Act of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the
  4  Trade Adjustment Assistance Program.
  5         (e)  Activities authorized under chapter 41 of Title 38
  6  U.S.C., including job counseling, training, and placement for
  7  veterans.
  8         (f)  Employment and training activities carried out
  9  under the Community Services Block Grant Act, 42 U.S.C. ss.
10  9901 et seq.
11         (g)  Employment and training activities carried out
12  under funds awarded to this state by the United States
13  Department of Housing and Urban Development.
14         (h)  Designated state and local program expenditures
15  under part A of Title IV of the Social Security Act for
16  welfare transition workforce services associated with the
17  Temporary Assistance for Needy Families Program.
18         (i)  Programs authorized under the National and
19  Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
20  and the Service-America programs, the National Service Trust
21  programs, the Civilian Community Corps, the Corporation for
22  National and Community Service, the American Conservation and
23  Youth Service Corps, and the Points of Light Foundation
24  programs, if such programs are awarded to the state.
25         (j)  The Unemployment Compensation program provided
26  pursuant to chapter 443.
27         (k)(j)  Other programs funded by federal or state
28  appropriations, as determined by the Legislature in the
29  General Appropriations Act or by law.
30         Section 4.  Paragraph (m) of subsection (2) of section
31  110.205, Florida Statutes, is amended to read:
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         110.205  Career service; exemptions.--
  2         (2)  EXEMPT POSITIONS.--The exempt positions that are
  3  not covered by this part include the following:
  4         (m)  All assistant division director, deputy division
  5  director, and bureau chief positions in any department, and
  6  those positions determined by the department to have
  7  managerial responsibilities comparable to such positions,
  8  which positions include, but are not limited to, positions in
  9  the Department of Health, the Department of Children and
10  Family Services, and the Department of Corrections that are
11  assigned primary duties of serving as the superintendent or
12  assistant superintendent, or warden or assistant warden, of an
13  institution; positions in the Department of Corrections that
14  are assigned primary duties of serving as the circuit
15  administrator or deputy circuit administrator; positions in
16  the Department of Transportation that are assigned primary
17  duties of serving as regional toll managers and managers of
18  offices as defined in s. 20.23(3)(d)3. and (4)(d); positions
19  in the Department of Environmental Protection that are
20  assigned the duty of an Environmental Administrator or program
21  administrator; those positions described in s. 20.171 as
22  included in the Senior Management Service; and positions in
23  the Department of Health that are assigned the duties of
24  Environmental Administrator, Assistant County Health
25  Department Director, and County Health Department Financial
26  Administrator. Unless otherwise fixed by law, the department
27  shall set the salary and benefits of these positions in
28  accordance with the rules established for the Selected Exempt
29  Service.
30         Section 5.  Paragraph (h) of subsection (2) of section
31  112.19, Florida Statutes, is amended to read:
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         112.19  Law enforcement, correctional, and correctional
  2  probation officers; death benefits.--
  3         (2)
  4         (h)1.  Any employer who employs a full-time law
  5  enforcement, correctional, or correctional probation officer
  6  who, on or after January 1, 1995, suffers a catastrophic
  7  injury, as defined in s. 440.02 s. 440.02(37), in the line of
  8  duty shall pay the entire premium of the employer's health
  9  insurance plan for the injured employee, the injured
10  employee's spouse, and for each dependent child of the injured
11  employee until the child reaches the age of majority or until
12  the end of the calendar year in which the child reaches the
13  age of 25 if the child continues to be dependent for support,
14  or the child is a full-time or part-time student and is
15  dependent for support.  The term "health insurance plan" does
16  not include supplemental benefits that are not part of the
17  basic group health insurance plan.  If the injured employee
18  subsequently dies, the employer shall continue to pay the
19  entire health insurance premium for the surviving spouse until
20  remarried, and for the dependent children, under the
21  conditions outlined in this paragraph. However:
22         a.  Health insurance benefits payable from any other
23  source shall reduce benefits payable under this section.
24         b.  It is unlawful for a person to willfully and
25  knowingly make, or cause to be made, or to assist, conspire
26  with, or urge another to make, or cause to be made, any false,
27  fraudulent, or misleading oral or written statement to obtain
28  health insurance coverage as provided under this paragraph.  A
29  person who violates this sub-subparagraph commits a
30  misdemeanor of the first degree, punishable as provided in s.
31  775.082 or s. 775.083.
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         c.  In addition to any applicable criminal penalty,
  2  upon conviction for a violation as described in
  3  sub-subparagraph b., a law enforcement, correctional, or
  4  correctional probation officer or other beneficiary who
  5  receives or seeks to receive health insurance benefits under
  6  this paragraph shall forfeit the right to receive such health
  7  insurance benefits, and shall reimburse the employer for all
  8  benefits paid due to the fraud or other prohibited activity.
  9  For purposes of this sub-subparagraph, "conviction" means a
10  determination of guilt that is the result of a plea or trial,
11  regardless of whether adjudication is withheld.
12         2.  In order for the officer, spouse, and dependent
13  children to be eligible for such insurance coverage, the
14  injury must have occurred as the result of the officer's
15  response to fresh pursuit, the officer's response to what is
16  reasonably believed to be an emergency, or an unlawful act
17  perpetrated by another.  Except as otherwise provided herein,
18  nothing in this paragraph shall be construed to limit health
19  insurance coverage for which the officer, spouse, or dependent
20  children may otherwise be eligible, except that a person who
21  qualifies under this section shall not be eligible for the
22  health insurance subsidy provided under chapter 121, chapter
23  175, or chapter 185.
24         Section 6.  Paragraph (g) of subsection (2) of section
25  112.191, Florida Statutes, is amended to read:
26         112.191  Firefighters; death benefits.--
27         (2)
28         (g)1.  Any employer who employs a full-time firefighter
29  who, on or after January 1, 1995, suffers a catastrophic
30  injury, as defined in s. 440.02 s. 440.02(37), in the line of
31  duty shall pay the entire premium of the employer's health
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  insurance plan for the injured employee, the injured
  2  employee's spouse, and for each dependent child of the injured
  3  employee until the child reaches the age of majority or until
  4  the end of the calendar year in which the child reaches the
  5  age of 25 if the child continues to be dependent for support,
  6  or the child is a full-time or part-time student and is
  7  dependent for support. The term "health insurance plan" does
  8  not include supplemental benefits that are not part of the
  9  basic group health insurance plan.  If the injured employee
10  subsequently dies, the employer shall continue to pay the
11  entire health insurance premium for the surviving spouse until
12  remarried, and for the dependent children, under the
13  conditions outlined in this paragraph. However:
14         a.  Health insurance benefits payable from any other
15  source shall reduce benefits payable under this section.
16         b.  It is unlawful for a person to willfully and
17  knowingly make, or cause to be made, or to assist, conspire
18  with, or urge another to make, or cause to be made, any false,
19  fraudulent, or misleading oral or written statement to obtain
20  health insurance coverage as provided under this paragraph.  A
21  person who violates this sub-subparagraph commits a
22  misdemeanor of the first degree, punishable as provided in s.
23  775.082 or s. 775.083.
24         c.  In addition to any applicable criminal penalty,
25  upon conviction for a violation as described in
26  sub-subparagraph b., a firefighter or other beneficiary who
27  receives or seeks to receive health insurance benefits under
28  this paragraph shall forfeit the right to receive such health
29  insurance benefits, and shall reimburse the employer for all
30  benefits paid due to the fraud or other prohibited activity.
31  For purposes of this sub-subparagraph, "conviction" means a
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  determination of guilt that is the result of a plea or trial,
  2  regardless of whether adjudication is withheld.
  3         2.  In order for the firefighter, spouse, and dependent
  4  children to be eligible for such insurance coverage, the
  5  injury must have occurred as the result of the firefighter's
  6  response to what is reasonably believed to be an emergency
  7  involving the protection of life or property, or an unlawful
  8  act perpetrated by another.  Except as otherwise provided
  9  herein, nothing in this paragraph shall be construed to limit
10  health insurance coverage for which the firefighter, spouse,
11  or dependent children may otherwise be eligible, except that a
12  person who qualifies for benefits under this section shall not
13  be eligible for the health insurance subsidy provided under
14  chapter 121, chapter 175, or chapter 185.
15
16  Notwithstanding any provision of this section to the contrary,
17  the death benefits provided in paragraphs (b), (c), and (f)
18  shall also be applicable and paid in cases where a firefighter
19  received bodily injury prior to July 1, 1993, and subsequently
20  died on or after July 1, 1993, as a result of such
21  in-line-of-duty injury.
22         Section 7.  Section 121.125, Florida Statutes, is
23  amended to read:
24         121.125  Credit for workers' compensation payment
25  periods.--A member of the retirement system created by this
26  chapter who has been eligible or becomes eligible to receive
27  workers' compensation payments for an injury or illness
28  occurring during his or her employment while a member of any
29  state retirement system shall, upon return to active
30  employment with a covered employer for 1 calendar month or
31  upon approval for disability retirement in accordance with s.
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  121.091(4), receive full retirement credit for the period
  2  prior to such return to active employment or disability
  3  retirement for which the workers' compensation payments were
  4  received.  However, no member may receive retirement credit
  5  for any such period occurring after the earlier of the date of
  6  maximum medical improvement has been attained as defined in s.
  7  440.02 s. 440.02(9) or the date termination has occurred as
  8  defined in s. 121.021(39). The employer of record at the time
  9  of the worker's compensation injury or illness shall make the
10  required retirement contributions based on the member's rate
11  of monthly compensation immediately prior to his or her
12  receiving workers' compensation payments for retirement credit
13  received by the member.
14         Section 8.  Subsection (7) of section 122.03, Florida
15  Statutes, is amended to read:
16         122.03  Contributions; participants; prior service
17  credit.--
18         (7)  A member of the retirement system created by this
19  chapter who has been eligible or becomes eligible to receive
20  workers' compensation payments for an injury or illness
21  occurring during his or her employment while a member of any
22  state retirement system shall, upon his or her return to
23  active employment with a covered employer for 1 calendar month
24  or upon his or her approval for disability retirement in
25  accordance with s. 122.09, receive full retirement credit for
26  the period prior to such return to active employment or
27  disability retirement for which the workers' compensation
28  payments were received.  However, no member may receive
29  retirement credit for any such period occurring after the
30  earlier of the date of maximum medical improvement has been
31  attained as defined in s. 440.02 s. 440.02(9) or the date
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  termination has occurred as defined in s. 121.021(39). The
  2  employer of record at the time of the worker's compensation
  3  injury or illness shall make the required employee and
  4  employer retirement contributions based on the member's rate
  5  of monthly compensation immediately prior to receipt of
  6  workers' compensation payments.
  7         Section 9.  Subsection (10) of section 238.06, Florida
  8  Statutes, is amended to read:
  9         238.06  Membership application, creditable service, and
10  time for making contributions.--
11         (10)  A member of the retirement system created by this
12  chapter who has been eligible or becomes eligible to receive
13  workers' compensation payments for an injury or illness
14  occurring during his or her employment while a member of any
15  state retirement system shall, upon his or her return to
16  active employment with a covered employer for 1 calendar month
17  or upon his or her approval for disability retirement in
18  accordance with s. 238.07, receive full retirement credit for
19  the period prior to such return to active employment or
20  disability retirement for which the workers' compensation
21  payments were received.  However, no member may receive
22  retirement credit for any such period occurring after the
23  earlier of the date of maximum medical improvement has been
24  attained as defined in s. 440.02 s. 440.02(9) or the date
25  termination has occurred as defined in s. 121.021(39). The
26  employer of record at the time of the worker's compensation
27  injury or illness shall make the required employee and
28  employer retirement contributions based on the member's rate
29  of monthly compensation immediately prior to his or her
30  receiving workers' compensation payments.
31         Section 10.  Subsections (3) through (39) of section
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  440.02, Florida Statutes, are renumbered as subsections (4)
  2  through (40), respectively, a new subsection (3) is added to
  3  said section, and present subsections (11), (13), and (14) of
  4  said section are amended, to read:
  5         440.02  Definitions.--When used in this chapter, unless
  6  the context clearly requires otherwise, the following terms
  7  shall have the following meanings:
  8         (3)  "Agency" means the Agency for Health Care
  9  Administration.
10         (12)(11)  "Department" means the Department of
11  Insurance Labor and Employment Security.
12         (14)(13)  "Division" means the Division of Workers'
13  Compensation of the Department of Insurance Labor and
14  Employment Security.
15         (15)(14)(a)  "Employee" means any person engaged in any
16  employment under any appointment or contract of hire or
17  apprenticeship, express or implied, oral or written, whether
18  lawfully or unlawfully employed, and includes, but is not
19  limited to, aliens and minors.
20         (b)  "Employee" includes any person who is an officer
21  of a corporation and who performs services for remuneration
22  for such corporation within this state, whether or not such
23  services are continuous.
24         1.  Any officer of a corporation may elect to be exempt
25  from this chapter by filing written notice of the election
26  with the department division as provided in s. 440.05.
27         2.  As to officers of a corporation who are actively
28  engaged in the construction industry, no more than three
29  officers may elect to be exempt from this chapter by filing
30  written notice of the election with the department division as
31  provided in s. 440.05.
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         3.  An officer of a corporation who elects to be exempt
  2  from this chapter by filing a written notice of the election
  3  with the department division as provided in s. 440.05 is not
  4  an employee.
  5
  6  Services are presumed to have been rendered to the corporation
  7  if the officer is compensated by other than dividends upon
  8  shares of stock of the corporation which the officer owns.
  9         (c)  "Employee" includes a sole proprietor or a partner
10  who devotes full time to the proprietorship or partnership
11  and, except as provided in this paragraph, elects to be
12  included in the definition of employee by filing notice
13  thereof as provided in s. 440.05. Partners or sole proprietors
14  actively engaged in the construction industry are considered
15  employees unless they elect to be excluded from the definition
16  of employee by filing written notice of the election with the
17  department division as provided in s. 440.05. However, no more
18  than three partners in a partnership that is actively engaged
19  in the construction industry may elect to be excluded. A sole
20  proprietor or partner who is actively engaged in the
21  construction industry and who elects to be exempt from this
22  chapter by filing a written notice of the election with the
23  department division as provided in s. 440.05 is not an
24  employee. For purposes of this chapter, an independent
25  contractor is an employee unless he or she meets all of the
26  conditions set forth in subparagraph (d)1.
27         (d)  "Employee" does not include:
28         1.  An independent contractor, if:
29         a.  The independent contractor maintains a separate
30  business with his or her own work facility, truck, equipment,
31  materials, or similar accommodations;
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         b.  The independent contractor holds or has applied for
  2  a federal employer identification number, unless the
  3  independent contractor is a sole proprietor who is not
  4  required to obtain a federal employer identification number
  5  under state or federal requirements;
  6         c.  The independent contractor performs or agrees to
  7  perform specific services or work for specific amounts of
  8  money and controls the means of performing the services or
  9  work;
10         d.  The independent contractor incurs the principal
11  expenses related to the service or work that he or she
12  performs or agrees to perform;
13         e.  The independent contractor is responsible for the
14  satisfactory completion of work or services that he or she
15  performs or agrees to perform and is or could be held liable
16  for a failure to complete the work or services;
17         f.  The independent contractor receives compensation
18  for work or services performed for a commission or on a
19  per-job or competitive-bid basis and not on any other basis;
20         g.  The independent contractor may realize a profit or
21  suffer a loss in connection with performing work or services;
22         h.  The independent contractor has continuing or
23  recurring business liabilities or obligations; and
24         i.  The success or failure of the independent
25  contractor's business depends on the relationship of business
26  receipts to expenditures.
27
28  However, the determination as to whether an individual
29  included in the Standard Industrial Classification Manual of
30  1987, Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762,
31  0781, 0782, 0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436,
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  2448, or 2449, or a newspaper delivery person, is an
  2  independent contractor is governed not by the criteria in this
  3  paragraph but by common-law principles, giving due
  4  consideration to the business activity of the individual.
  5         2.  A real estate salesperson or agent, if that person
  6  agrees, in writing, to perform for remuneration solely by way
  7  of commission.
  8         3.  Bands, orchestras, and musical and theatrical
  9  performers, including disk jockeys, performing in licensed
10  premises as defined in chapter 562, if a written contract
11  evidencing an independent contractor relationship is entered
12  into before the commencement of such entertainment.
13         4.  An owner-operator of a motor vehicle who transports
14  property under a written contract with a motor carrier which
15  evidences a relationship by which the owner-operator assumes
16  the responsibility of an employer for the performance of the
17  contract, if the owner-operator is required to furnish the
18  necessary motor vehicle equipment and all costs incidental to
19  the performance of the contract, including, but not limited
20  to, fuel, taxes, licenses, repairs, and hired help; and the
21  owner-operator is paid a commission for transportation service
22  and is not paid by the hour or on some other time-measured
23  basis.
24         5.  A person whose employment is both casual and not in
25  the course of the trade, business, profession, or occupation
26  of the employer.
27         6.  A volunteer, except a volunteer worker for the
28  state or a county, municipality, or other governmental entity.
29  A person who does not receive monetary remuneration for
30  services is presumed to be a volunteer unless there is
31  substantial evidence that a valuable consideration was
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  intended by both employer and employee. For purposes of this
  2  chapter, the term "volunteer" includes, but is not limited to:
  3         a.  Persons who serve in private nonprofit agencies and
  4  who receive no compensation other than expenses in an amount
  5  less than or equivalent to the standard mileage and per diem
  6  expenses provided to salaried employees in the same agency or,
  7  if such agency does not have salaried employees who receive
  8  mileage and per diem, then such volunteers who receive no
  9  compensation other than expenses in an amount less than or
10  equivalent to the customary mileage and per diem paid to
11  salaried workers in the community as determined by the
12  department division; and
13         b.  Volunteers participating in federal programs
14  established under Pub. L. No. 93-113.
15         7.  Any officer of a corporation who elects to be
16  exempt from this chapter.
17         8.  A sole proprietor or officer of a corporation who
18  actively engages in the construction industry, and a partner
19  in a partnership that is actively engaged in the construction
20  industry, who elects to be exempt from the provisions of this
21  chapter. Such sole proprietor, officer, or partner is not an
22  employee for any reason until the notice of revocation of
23  election filed pursuant to s. 440.05 is effective.
24         9.  An exercise rider who does not work for a single
25  horse farm or breeder, and who is compensated for riding on a
26  case-by-case basis, provided a written contract is entered
27  into prior to the commencement of such activity which
28  evidences that an employee/employer relationship does not
29  exist.
30         10.  A taxicab, limousine, or other passenger
31  vehicle-for-hire driver who operates said vehicles pursuant to
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  a written agreement with a company which provides any
  2  dispatch, marketing, insurance, communications, or other
  3  services under which the driver and any fees or charges paid
  4  by the driver to the company for such services are not
  5  conditioned upon, or expressed as a proportion of, fare
  6  revenues.
  7         11.  A person who performs services as a sports
  8  official for an entity sponsoring an interscholastic sports
  9  event or for a public entity or private, nonprofit
10  organization that sponsors an amateur sports event.  For
11  purposes of this subparagraph, such a person is an independent
12  contractor. For purposes of this subparagraph, the term
13  "sports official" means any person who is a neutral
14  participant in a sports event, including, but not limited to,
15  umpires, referees, judges, linespersons, scorekeepers, or
16  timekeepers. This subparagraph does not apply to any person
17  employed by a district school board who serves as a sports
18  official as required by the employing school board or who
19  serves as a sports official as part of his or her
20  responsibilities during normal school hours.
21         Section 11.  Section 440.021, Florida Statutes, is
22  amended to read:
23         440.021  Exemption of workers' compensation from
24  chapter 120.--Workers' compensation adjudications by judges of
25  compensation claims are exempt from chapter 120, and no judge
26  of compensation claims shall be considered an agency or a part
27  thereof. Communications of the result of investigations by the
28  department division pursuant to s. 440.185(4) are exempt from
29  chapter 120. In all instances in which the department division
30  institutes action to collect a penalty or interest which may
31  be due pursuant to this chapter, the penalty or interest shall
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  be assessed without hearing, and the party against which such
  2  penalty or interest is assessed shall be given written notice
  3  of such assessment and shall have the right to protest within
  4  20 days of such notice. Upon receipt of a timely notice of
  5  protest and after such investigation as may be necessary, the
  6  department division shall, if it agrees with such protest,
  7  notify the protesting party that the assessment has been
  8  revoked.  If the department division does not agree with the
  9  protest, it shall refer the matter to the judge of
10  compensation claims for determination pursuant to s.
11  440.25(2)-(5).  Such action of the division is exempt from the
12  provisions of chapter 120.
13         Section 12.  Section 440.05, Florida Statutes, is
14  amended to read:
15         440.05  Election of exemption; revocation of election;
16  notice; certification.--
17         (1)  Each corporate officer who elects not to accept
18  the provisions of this chapter or who, after electing such
19  exemption, revokes that exemption shall mail to the department
20  division in Tallahassee notice to such effect in accordance
21  with a form to be prescribed by the department division.
22         (2)  Each sole proprietor or partner who elects to be
23  included in the definition of "employee" or who, after such
24  election, revokes that election must mail to the department
25  division in Tallahassee notice to such effect, in accordance
26  with a form to be prescribed by the department division.
27         (3)  Each sole proprietor, partner, or officer of a
28  corporation who is actively engaged in the construction
29  industry and who elects an exemption from this chapter or who,
30  after electing such exemption, revokes that exemption, must
31  mail a written notice to such effect to the department
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  division on a form prescribed by the department division. The
  2  notice of election to be exempt from the provisions of this
  3  chapter must be notarized and under oath. The notice of
  4  election to be exempt which is submitted to the division by
  5  the sole proprietor, partner, or officer of a corporation must
  6  list the name, federal tax identification number, social
  7  security number, all certified or registered licenses issued
  8  pursuant to chapter 489 held by the person seeking the
  9  exemption, a copy of relevant documentation as to employment
10  status filed with the Internal Revenue Service as specified by
11  the department division, a copy of the relevant occupational
12  license in the primary jurisdiction of the business, and, for
13  corporate officers and partners, the registration number of
14  the corporation or partnership filed with the Division of
15  Corporations of the Department of State. The notice of
16  election to be exempt must identify each sole proprietorship,
17  partnership, or corporation that employs the person electing
18  the exemption and must list the social security number or
19  federal tax identification number of each such employer and
20  the additional documentation required by this section. In
21  addition, the notice of election to be exempt must provide
22  that the sole proprietor, partner, or officer electing an
23  exemption is not entitled to benefits under this chapter, must
24  provide that the election does not exceed exemption limits for
25  officers and partnerships provided in s. 440.02, and must
26  certify that any employees of the sole proprietor, partner, or
27  officer electing an exemption are covered by workers'
28  compensation insurance. Upon receipt of the notice of the
29  election to be exempt, receipt of all application fees, and a
30  determination by the department division that the notice meets
31  the requirements of this subsection, the department division
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  shall issue a certification of the election to the sole
  2  proprietor, partner, or officer, unless the department
  3  division determines that the information contained in the
  4  notice is invalid. The division shall revoke a certificate of
  5  election to be exempt from coverage upon a determination by
  6  the department division that the person does not meet the
  7  requirements for exemption or that the information contained
  8  in the notice of election to be exempt is invalid. The
  9  certificate of election must list the names of the sole
10  proprietorship, partnership, or corporation listed in the
11  request for exemption. A new certificate of election must be
12  obtained each time the person is employed by a new sole
13  proprietorship, partnership, or corporation that is not listed
14  on the certificate of election. A copy of the certificate of
15  election must be sent to each workers' compensation carrier
16  identified in the request for exemption. Upon filing a notice
17  of revocation of election, a sole proprietor, partner, or
18  officer who is a subcontractor must notify her or his
19  contractor.  Upon revocation of a certificate of election of
20  exemption by the department division, the department division
21  shall notify the workers' compensation carriers identified in
22  the request for exemption.
23         (4)  The notice of election to be exempt from the
24  provisions of this chapter must contain a notice that clearly
25  states in substance the following: "Any person who, knowingly
26  and with intent to injure, defraud, or deceive the department
27  division or any employer or employee, insurance company, or
28  purposes program, files a notice of election to be exempt
29  containing any false or misleading information is guilty of a
30  felony of the third degree." Each person filing a notice of
31  election to be exempt shall personally sign the notice and
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  attest that he or she has reviewed, understands, and
  2  acknowledges the foregoing notice.
  3         (5)  A notice given under subsection (1), subsection
  4  (2), or subsection (3) shall become effective when issued by
  5  the department division or 30 days after an application for an
  6  exemption is received by the department division, whichever
  7  occurs first. However, if an accident or occupational disease
  8  occurs less than 30 days after the effective date of the
  9  insurance policy under which the payment of compensation is
10  secured or the date the employer qualified as a self-insurer,
11  such notice is effective as of 12:01 a.m. of the day following
12  the date it is mailed to the department division in
13  Tallahassee.
14         (6)  A construction industry certificate of election to
15  be exempt which is issued in accordance with this section
16  shall be valid for 2 years after the effective date stated
17  thereon. Both the effective date and the expiration date must
18  be listed on the face of the certificate by the department
19  division. The construction industry certificate must expire at
20  midnight, 2 years from its issue date, as noted on the face of
21  the exemption certificate. Any person who has received from
22  the department division a construction industry certificate of
23  election to be exempt which is in effect on December 31, 1998,
24  shall file a new notice of election to be exempt by the last
25  day in his or her birth month following December 1, 1998. A
26  construction industry certificate of election to be exempt may
27  be revoked before its expiration by the sole proprietor,
28  partner, or officer for whom it was issued or by the division
29  for the reasons stated in this section.  At least 60 days
30  prior to the expiration date of a construction industry
31  certificate of exemption issued after December 1, 1998, the
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  department division shall send notice of the expiration date
  2  and an application for renewal to the certificateholder at the
  3  address on the certificate.
  4         (7)  Any contractor responsible for compensation under
  5  s. 440.10 may register in writing with the workers'
  6  compensation carrier for any subcontractor and shall
  7  thereafter be entitled to receive written notice from the
  8  carrier of any cancellation or nonrenewal of the policy.
  9         (8)(a)  The department division must assess a fee of
10  $50 with each request for a construction industry certificate
11  of election to be exempt or renewal of election to be exempt
12  under this section.
13         (b)  The funds collected by the department division
14  shall be used to administer this section, to audit the
15  businesses that pay the fee for compliance with any
16  requirements of this chapter, and to enforce compliance with
17  the provisions of this chapter.
18         (9)  The department division may by rule prescribe
19  forms and procedures for filing an election of exemption,
20  revocation of election to be exempt, and notice of election of
21  coverage for all employers and require specified forms to be
22  submitted by all employers in filing for the election of
23  exemption. The department division may by rule prescribe forms
24  and procedures for issuing a certificate of the election of
25  exemption.
26         Section 13.  Paragraph (d) of subsection (7) of section
27  440.09, Florida Statutes, is amended to read:
28         440.09  Coverage.--
29         (7)
30         (d)  The agency division shall provide by rule for the
31  authorization and regulation of drug-testing policies,
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  procedures, and methods. Testing of injured employees shall
  2  not commence until such rules are adopted.
  3         Section 14.  Paragraphs (f) and (g) of subsection (1)
  4  of section 440.10, Florida Statutes, are amended to read:
  5         440.10  Liability for compensation.--
  6         (1)
  7         (f)  If an employer willfully fails to secure
  8  compensation as required by this chapter, the department
  9  division may assess against the employer a penalty not to
10  exceed $5,000 for each employee of that employer who is
11  classified by the employer as an independent contractor but
12  who is found by the department division to not meet the
13  criteria for an independent contractor that are set forth in
14  s. 440.02.
15         (g)  For purposes of this section, a person is
16  conclusively presumed to be an independent contractor if:
17         1.  The independent contractor provides the general
18  contractor with an affidavit stating that he or she meets all
19  the requirements of s. 440.02(14)(d); and
20         2.  The independent contractor provides the general
21  contractor with a valid certificate of workers' compensation
22  insurance or a valid certificate of exemption issued by the
23  department division.
24
25  A sole proprietor, partner, or officer of a corporation who
26  elects exemption from this chapter by filing a certificate of
27  election under s. 440.05 may not recover benefits or
28  compensation under this chapter.  An independent contractor
29  who provides the general contractor with both an affidavit
30  stating that he or she meets the requirements of s.
31  440.02(14)(d) and a certificate of exemption is not an
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  employee under s. 440.02(14)(c) and may not recover benefits
  2  under this chapter.  For purposes of determining the
  3  appropriate premium for workers' compensation coverage,
  4  carriers may not consider any person who meets the
  5  requirements of this paragraph to be an employee.
  6         Section 15.  Subsection (2), paragraph (a) of
  7  subsection (3), and paragraph (g) of subsection (7) of section
  8  440.102, Florida Statutes, are amended to read:
  9         440.102  Drug-free workplace program requirements.--The
10  following provisions apply to a drug-free workplace program
11  implemented pursuant to law or to rules adopted by the Agency
12  for Health Care Administration:
13         (2)  DRUG TESTING.--An employer may test an employee or
14  job applicant for any drug described in paragraph (1)(c). In
15  order to qualify as having established a drug-free workplace
16  program which affords an employer the ability to qualify for
17  the discounts provided under s. 627.0915 and deny medical and
18  indemnity benefits, under this chapter all drug testing
19  conducted by employers shall be in conformity with the
20  standards and procedures established in this section and all
21  applicable rules adopted pursuant to this section. However, an
22  employer does not have a legal duty under this section to
23  request an employee or job applicant to undergo drug testing.
24  If an employer fails to maintain a drug-free workplace program
25  in accordance with the standards and procedures established in
26  this section and in applicable rules, the employer shall not
27  be eligible for discounts under s. 627.0915. All employers
28  qualifying for and receiving discounts provided under s.
29  627.0915 must be reported annually by the insurer to the
30  department division.
31         (3)  NOTICE TO EMPLOYEES AND JOB APPLICANTS.--
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         (a)  One time only, prior to testing, an employer shall
  2  give all employees and job applicants for employment a written
  3  policy statement which contains:
  4         1.  A general statement of the employer's policy on
  5  employee drug use, which must identify:
  6         a.  The types of drug testing an employee or job
  7  applicant may be required to submit to, including
  8  reasonable-suspicion drug testing or drug testing conducted on
  9  any other basis.
10         b.  The actions the employer may take against an
11  employee or job applicant on the basis of a positive confirmed
12  drug test result.
13         2.  A statement advising the employee or job applicant
14  of the existence of this section.
15         3.  A general statement concerning confidentiality.
16         4.  Procedures for employees and job applicants to
17  confidentially report to a medical review officer the use of
18  prescription or nonprescription medications to a medical
19  review officer both before and after being tested.
20         5.  A list of the most common medications, by brand
21  name or common name, as applicable, as well as by chemical
22  name, which may alter or affect a drug test. A list of such
23  medications as developed by the Agency for Health Care
24  Administration shall be available to employers through the
25  Division of Workers' Compensation of the department of Labor
26  and Employment Security.
27         6.  The consequences of refusing to submit to a drug
28  test.
29         7.  A representative sampling of names, addresses, and
30  telephone numbers of employee assistance programs and local
31  drug rehabilitation programs.
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         8.  A statement that an employee or job applicant who
  2  receives a positive confirmed test result may contest or
  3  explain the result to the medical review officer within 5
  4  working days after receiving written notification of the test
  5  result; that if an employee's or job applicant's explanation
  6  or challenge is unsatisfactory to the medical review officer,
  7  the medical review officer shall report a positive test result
  8  back to the employer; and that a person may contest the drug
  9  test result pursuant to law or to rules adopted by the Agency
10  for Health Care Administration.
11         9.  A statement informing the employee or job applicant
12  of his or her responsibility to notify the laboratory of any
13  administrative or civil action brought pursuant to this
14  section.
15         10.  A list of all drugs for which the employer will
16  test, described by brand name or common name, as applicable,
17  as well as by chemical name.
18         11.  A statement regarding any applicable collective
19  bargaining agreement or contract and the right to appeal to
20  the Public Employees Relations Commission or applicable court.
21         12.  A statement notifying employees and job applicants
22  of their right to consult with a medical review officer for
23  technical information regarding prescription or
24  nonprescription medication.
25         (7)  EMPLOYER PROTECTION.--
26         (g)  This section does not prohibit an employer from
27  conducting medical screening or other tests required,
28  permitted, or not disallowed by any statute, rule, or
29  regulation for the purpose of monitoring exposure of employees
30  to toxic or other unhealthy substances in the workplace or in
31  the performance of job responsibilities. Such screening or
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  testing is limited to the specific substances expressly
  2  identified in the applicable statute, rule, or regulation,
  3  unless prior written consent of the employee is obtained for
  4  other tests. Such screening or testing need not be in
  5  compliance with the rules adopted by the Agency for Health
  6  Care Administration under this chapter or under s. 112.0455. A
  7  public employer may, through the use of an unbiased selection
  8  procedure, conduct random drug tests of employees occupying
  9  safety-sensitive or special-risk positions if the testing is
10  performed in accordance with drug-testing rules adopted by the
11  Agency for Health Care Administration and the department of
12  Labor and Employment Security. If applicable, random drug
13  testing must be specified in a collective bargaining agreement
14  as negotiated by the appropriate certified bargaining agent
15  before such testing is implemented.
16         Section 16.  Section 440.103, Florida Statutes, is
17  amended to read:
18         440.103  Building permits; identification of minimum
19  premium policy.--Except as otherwise provided in this chapter,
20  every employer shall, as a condition to receiving a building
21  permit, show proof that it has secured compensation for its
22  employees under this chapter as provided in ss. 440.10 and
23  440.38. Such proof of compensation must be evidenced by a
24  certificate of coverage issued by the carrier, a valid
25  exemption certificate approved by the department or the former
26  Division of Workers' Compensation of the Department of Labor
27  and Employment Security, or a copy of the employer's authority
28  to self-insure and shall be presented each time the employer
29  applies for a building permit. As provided in s. 627.413(5),
30  each certificate of coverage must show, on its face, whether
31  or not coverage is secured under the minimum premium
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  provisions of rules adopted by rating organizations licensed
  2  by the department of Insurance. The words "minimum premium
  3  policy" or equivalent language shall be typed, printed,
  4  stamped, or legibly handwritten.
  5         Section 17.  Subsection (1) of section 440.104, Florida
  6  Statutes, is amended to read:
  7         440.104  Competitive bidder; civil actions.--
  8         (1)  Any person engaged in the construction industry,
  9  as provided in s. 440.02 s. 440.02(7), who loses a competitive
10  bid for a contract shall have a cause of action for damages
11  against the person awarded the contract for which the bid was
12  made, if the person making the losing bid establishes that the
13  winning bidder knew or should have known that he or she was in
14  violation of s. 440.10, s. 440.105, or s. 440.38 while
15  performing the work under the contract.
16         Section 18.  Paragraph (a) of subsection (2) of section
17  440.105, Florida Statutes, is amended to read:
18         440.105  Prohibited activities; reports; penalties;
19  limitations.--
20         (2)  Whoever violates any provision of this subsection
21  commits a misdemeanor of the second degree, punishable as
22  provided in s. 775.082 or s. 775.083.
23         (a)  It shall be unlawful for any employer to
24  knowingly:
25         1.  Coerce or attempt to coerce, as a precondition to
26  employment or otherwise, an employee to obtain a certificate
27  of election of exemption pursuant to s. 440.05.
28         2.  Discharge or refuse to hire an employee or job
29  applicant because the employee or applicant has filed a claim
30  for benefits under this chapter.
31         3.  Discharge, discipline, or take any other adverse
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  personnel action against any employee for disclosing
  2  information to the department division or any law enforcement
  3  agency relating to any violation or suspected violation of any
  4  of the provisions of this chapter or rules promulgated
  5  hereunder.
  6         4.  Violate a stop-work order issued by the department
  7  division pursuant to s. 440.107.
  8         Section 19.  Subsections (3) and (4) of section
  9  440.106, Florida Statutes, are amended to read:
10         440.106  Civil remedies; administrative penalties.--
11         (3)  Whenever any group or individual self-insurer,
12  carrier, rating bureau, or agent or other representative of
13  any carrier or rating bureau is determined to have violated s.
14  440.105, the department of Insurance may revoke or suspend the
15  authority or certification of any group or individual
16  self-insurer, carrier, agent, or broker.
17         (4)  The department division shall report any
18  contractor determined in violation of requirements of this
19  chapter to the appropriate state licensing board for
20  disciplinary action.
21         Section 20.  Section 440.107, Florida Statutes, is
22  amended to read:
23         440.107  Department Division powers to enforce employer
24  compliance with coverage requirements.--
25         (1)  The Legislature finds that the failure of an
26  employer to comply with the workers' compensation coverage
27  requirements under this chapter poses an immediate danger to
28  public health, safety, and welfare. The Legislature authorizes
29  the department division to secure employer compliance with the
30  workers' compensation coverage requirements and authorizes the
31  department division to conduct investigations for the purpose
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  of ensuring employer compliance.
  2         (2)  The department division and its authorized
  3  representatives may enter and inspect any place of business at
  4  any reasonable time for the limited purpose of investigating
  5  compliance with workers' compensation coverage requirements
  6  under this chapter. Each employer shall keep true and accurate
  7  business records that contain such information as the
  8  department division prescribes by rule. The business records
  9  must contain information necessary for the department division
10  to determine compliance with workers' compensation coverage
11  requirements and must be maintained within this state by the
12  business, in such a manner as to be accessible within a
13  reasonable time upon request by the department division. The
14  business records must be open to inspection and be available
15  for copying by the department division at any reasonable time
16  and place and as often as necessary. The department division
17  may require from any employer any sworn or unsworn reports,
18  pertaining to persons employed by that employer, deemed
19  necessary for the effective administration of the workers'
20  compensation coverage requirements.
21         (3)  In discharging its duties, the department division
22  may administer oaths and affirmations, certify to official
23  acts, issue subpoenas to compel the attendance of witnesses
24  and the production of books, papers, correspondence,
25  memoranda, and other records deemed necessary by the
26  department division as evidence in order to ensure proper
27  compliance with the coverage provisions of this chapter.
28         (4)  If a person has refused to obey a subpoena to
29  appear before the department division or its authorized
30  representative and produce evidence requested by the
31  department division or to give testimony about the matter that
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  is under investigation, a court has jurisdiction to issue an
  2  order requiring compliance with the subpoena if the court has
  3  jurisdiction in the geographical area where the inquiry is
  4  being carried on or in the area where the person who has
  5  refused the subpoena is found, resides, or transacts business.
  6  Failure to obey such a court order may be punished by the
  7  court as contempt.
  8         (5)  Whenever the department division determines that
  9  an employer who is required to secure the payment to his or
10  her employees of the compensation provided for by this chapter
11  has failed to do so, such failure shall be deemed an immediate
12  serious danger to public health, safety, or welfare sufficient
13  to justify service by the department division of a stop-work
14  order on the employer, requiring the cessation of all business
15  operations at the place of employment or job site. The order
16  shall take effect upon the date of service upon the employer,
17  unless the employer provides evidence satisfactory to the
18  department division of having secured any necessary insurance
19  or self-insurance and pays a civil penalty to the department
20  division, to be deposited by the department division into the
21  Workers' Compensation Administration Trust Fund, in the amount
22  of $100 per day for each day the employer was not in
23  compliance with this chapter.
24         (6)  The department division may file a complaint in
25  the circuit court in and for Leon County to enjoin any
26  employer, who has failed to secure compensation as required by
27  this chapter, from employing individuals and from conducting
28  business until the employer presents evidence satisfactory to
29  the department division of having secured payment for
30  compensation and pays a civil penalty to the department
31  division, to be deposited by the department division into the
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Workers' Compensation Administration Trust Fund, in the amount
  2  of $100 per day for each day the employer was not in
  3  compliance with this chapter.
  4         (7)  In addition to any penalty, stop-work order, or
  5  injunction, the department division may assess against any
  6  employer, who has failed to secure the payment of compensation
  7  as required by this chapter, a penalty in the amount of:
  8         (a)  Twice the amount the employer would have paid
  9  during periods it illegally failed to secure payment of
10  compensation in the preceding 3-year period based on the
11  employer's payroll during the preceding 3-year period; or
12         (b)  One thousand dollars, whichever is greater.
13
14  Any penalty assessed under this subsection is due within 30
15  days after the date on which the employer is notified, except
16  that, if the department division has posted a stop-work order
17  or obtained injunctive relief against the employer, payment is
18  due, in addition to those conditions set forth in this
19  section, as a condition to relief from a stop-work order or an
20  injunction. Interest shall accrue on amounts not paid when due
21  at the rate of 1 percent per month.
22         (8)  The department division may bring an action in
23  circuit court to recover penalties assessed under this
24  section, including any interest owed to the department
25  division pursuant to this section. In any action brought by
26  the department division pursuant to this section in which it
27  prevails, the circuit court shall award costs, including the
28  reasonable costs of investigation and a reasonable attorney's
29  fee.
30         (9)  Any judgment obtained by the department division
31  and any penalty due pursuant to the service of a stop-work
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  order or otherwise due under this section shall, until
  2  collected, constitute a lien upon the entire interest of the
  3  employer, legal or equitable, in any property, real or
  4  personal, tangible or intangible; however, such lien is
  5  subordinate to claims for unpaid wages and any prior recorded
  6  liens, and a lien created by this section is not valid against
  7  any person who, subsequent to such lien and in good faith and
  8  for value, purchases real or personal property from such
  9  employer or becomes the mortgagee on real or personal property
10  of such employer, or against a subsequent attaching creditor,
11  unless, with respect to real estate of the employer, a notice
12  of the lien is recorded in the public records of the county
13  where the real estate is located, and with respect to personal
14  property of the employer, the notice is recorded with the
15  Secretary of State.
16         (10)  Any law enforcement agency in the state may, at
17  the request of the department division, render any assistance
18  necessary to carry out the provisions of this section,
19  including, but not limited to, preventing any employee or
20  other person from remaining at a place of employment or job
21  site after a stop-work order or injunction has taken effect.
22         (11)  Actions by the department division under this
23  section must be contested as provided in chapter 120. All
24  civil penalties assessed by the department division must be
25  paid into the Workers' Compensation Administration Trust Fund.
26  The department division shall return any sums previously paid,
27  upon conclusion of an action, if the department division fails
28  to prevail and if so directed by an order of court or an
29  administrative hearing officer. The requirements of this
30  subsection may be met by posting a bond in an amount equal to
31  twice the penalty and in a form approved by the department
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  division.
  2         Section 21.  Subsection (1) of section 440.108, Florida
  3  Statutes, is amended to read:
  4         440.108  Investigatory records relating to workers'
  5  compensation employer compliance; confidentiality.--
  6         (1)  All investigatory records of the department
  7  Division of Workers' Compensation made or received pursuant to
  8  s. 440.107 and any records necessary to complete an
  9  investigation are confidential and exempt from the provisions
10  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
11  until the investigation is completed or ceases to be active.
12  For purposes of this section, an investigation is considered
13  "active" while such investigation is being conducted by the
14  department division with a reasonable, good faith belief that
15  it may lead to the filing of administrative, civil, or
16  criminal proceedings. An investigation does not cease to be
17  active if the agency is proceeding with reasonable dispatch
18  and there is a good faith belief that action may be initiated
19  by the agency or other administrative or law enforcement
20  agency. After an investigation is completed or ceases to be
21  active, records relating to the investigation remain
22  confidential and exempt from the provisions of s. 119.07(1)
23  and s. 24(a), Art. I of the State Constitution if disclosure
24  would:
25         (a)  Jeopardize the integrity of another active
26  investigation;
27         (b)  Reveal a trade secret, as defined in s. 688.002;
28         (c)  Reveal business or personal financial information;
29         (d)  Reveal the identity of a confidential source;
30         (e)  Defame or cause unwarranted damage to the good
31  name or reputation of an individual or jeopardize the safety
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  of an individual; or
  2         (f)  Reveal investigative techniques or procedures.
  3         Section 22.  Subsection (2) of section 440.12, Florida
  4  Statutes, is amended to read:
  5         440.12  Time for commencement and limits on weekly rate
  6  of compensation.--
  7         (2)  Compensation for disability resulting from
  8  injuries which occur after December 31, 1974, shall not be
  9  less than $20 per week.  However, if the employee's wages at
10  the time of injury are less than $20 per week, he or she shall
11  receive his or her full weekly wages.  If the employee's wages
12  at the time of the injury exceed $20 per week, compensation
13  shall not exceed an amount per week which is:
14         (a)  Equal to 100 percent of the statewide average
15  weekly wage, determined as hereinafter provided for the year
16  in which the injury occurred; however, the increase to 100
17  percent from 66 2/3 percent of the statewide average weekly
18  wage shall apply only to injuries occurring on or after August
19  1, 1979; and
20         (b)  Adjusted to the nearest dollar.
21
22  For the purpose of this subsection, the "statewide average
23  weekly wage" means the average weekly wage paid by employers
24  subject to the Florida Unemployment Compensation Law as
25  reported to the Agency for Workforce Innovation department for
26  the four calendar quarters ending each June 30, which average
27  weekly wage shall be determined by the Agency for Workforce
28  Innovation department on or before November 30 of each year
29  and shall be used in determining the maximum weekly
30  compensation rate with respect to injuries occurring in the
31  calendar year immediately following. The statewide average
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  weekly wage determined by the Agency for Workforce Innovation
  2  department shall be reported annually to the Legislature.
  3         Section 23.  Section 440.125, Florida Statutes, is
  4  amended to read:
  5         440.125  Medical records and reports; identifying
  6  information in employee medical bills; confidentiality.--
  7         (1)  Any medical records and medical reports of an
  8  injured employee and any information identifying an injured
  9  employee in medical bills which are provided to the
10  department, agency, or Department of Education Division of
11  Workers' Compensation of the Department of Labor and
12  Employment Security pursuant to s. 440.13 are confidential and
13  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
14  I of the State Constitution, except as otherwise provided by
15  this chapter.
16         (2)  The Legislature finds that it is a public
17  necessity that an injured employee's medical records and
18  medical reports and information identifying the employee in
19  medical bills held by the department, agency, or Department of
20  Education Division of Workers' Compensation pursuant to s.
21  440.13 be confidential and exempt from the public records law.
22  Public access to such information is an invasion of the
23  injured employee's right to privacy in that personal,
24  sensitive information would be revealed, and public knowledge
25  of such information could lead to discrimination against the
26  employee by coworkers and others. Additionally, there is
27  little utility in providing public access to such information
28  in that the effectiveness and efficiency of the workers'
29  compensation program can be otherwise adequately monitored and
30  evaluated.
31         (3)  The department may share any confidential and
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  exempt information received pursuant to s. 440.13 with the
  2  Agency for Health Care Administration in furtherance of the
  3  agency's official duties under ss. 440.13 and 440.134. The
  4  agency shall maintain the confidential and exempt status of
  5  the information.
  6         Section 24.  Subsections (1), (3), (4), (5), (6), (7),
  7  (8), (9), (11), (12), (13), and (15) of section 440.13,
  8  Florida Statutes, are amended to read:
  9         440.13  Medical services and supplies; penalty for
10  violations; limitations.--
11         (1)  DEFINITIONS.--As used in this section, the term:
12         (a)  "Alternate medical care" means a change in
13  treatment or health care provider.
14         (b)  "Attendant care" means care rendered by trained
15  professional attendants which is beyond the scope of household
16  duties. Family members may provide nonprofessional attendant
17  care, but may not be compensated under this chapter for care
18  that falls within the scope of household duties and other
19  services normally and gratuitously provided by family members.
20  "Family member" means a spouse, father, mother, brother,
21  sister, child, grandchild, father-in-law, mother-in-law, aunt,
22  or uncle.
23         (c)  "Carrier" means, for purposes of this section,
24  insurance carrier, self-insurance fund or individually
25  self-insured employer, or assessable mutual insurer.
26         (d)  "Catastrophic injury" means an injury as defined
27  in s. 440.02.
28         (e)  "Certified health care provider" means a health
29  care provider who has been certified by the agency division or
30  who has entered an agreement with a licensed managed care
31  organization to provide treatment to injured workers under
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  this section. Certification of such health care provider must
  2  include documentation that the health care provider has read
  3  and is familiar with the portions of the statute, impairment
  4  guides, and rules which govern the provision of remedial
  5  treatment, care, and attendance.
  6         (f)  "Compensable" means a determination by a carrier
  7  or judge of compensation claims that a condition suffered by
  8  an employee results from an injury arising out of and in the
  9  course of employment.
10         (g)  "Emergency services and care" means emergency
11  services and care as defined in s. 395.002.
12         (h)  "Health care facility" means any hospital licensed
13  under chapter 395 and any health care institution licensed
14  under chapter 400.
15         (i)  "Health care provider" means a physician or any
16  recognized practitioner who provides skilled services pursuant
17  to a prescription or under the supervision or direction of a
18  physician and who has been certified by the agency division as
19  a health care provider. The term "health care provider"
20  includes a health care facility.
21         (j)  "Independent medical examiner" means a physician
22  selected by either an employee or a carrier to render one or
23  more independent medical examinations in connection with a
24  dispute arising under this chapter.
25         (k)  "Independent medical examination" means an
26  objective evaluation of the injured employee's medical
27  condition, including, but not limited to, impairment or work
28  status, performed by a physician or an expert medical advisor
29  at the request of a party, a judge of compensation claims, or
30  the agency division to assist in the resolution of a dispute
31  arising under this chapter.
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         (l)  "Instance of overutilization" means a specific
  2  inappropriate service or level of service provided to an
  3  injured employee.
  4         (m)  "Medically necessary" means any medical service or
  5  medical supply which is used to identify or treat an illness
  6  or injury, is appropriate to the patient's diagnosis and
  7  status of recovery, and is consistent with the location of
  8  service, the level of care provided, and applicable practice
  9  parameters. The service should be widely accepted among
10  practicing health care providers, based on scientific
11  criteria, and determined to be reasonably safe. The service
12  must not be of an experimental, investigative, or research
13  nature, except in those instances in which prior approval of
14  the Agency for Health Care Administration has been obtained.
15  The Agency for Health Care Administration shall adopt rules
16  providing for such approval on a case-by-case basis when the
17  service or supply is shown to have significant benefits to the
18  recovery and well-being of the patient.
19         (n)  "Medicine" means a drug prescribed by an
20  authorized health care provider and includes only generic
21  drugs or single-source patented drugs for which there is no
22  generic equivalent, unless the authorized health care provider
23  writes or states that the brand-name drug as defined in s.
24  465.025 is medically necessary, or is a drug appearing on the
25  schedule of drugs created pursuant to s. 465.025(6), or is
26  available at a cost lower than its generic equivalent.
27         (o)  "Palliative care" means noncurative medical
28  services that mitigate the conditions, effects, or pain of an
29  injury.
30         (p)  "Pattern or practice of overutilization" means
31  repetition of instances of overutilization within a specific
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  medical case or multiple cases by a single health care
  2  provider.
  3         (q)  "Peer review" means an evaluation by two or more
  4  physicians licensed under the same authority and with the same
  5  or similar specialty as the physician under review, of the
  6  appropriateness, quality, and cost of health care and health
  7  services provided to a patient, based on medically accepted
  8  standards.
  9         (r)  "Physician" or "doctor" means a physician licensed
10  under chapter 458, an osteopathic physician licensed under
11  chapter 459, a chiropractic physician licensed under chapter
12  460, a podiatric physician licensed under chapter 461, an
13  optometrist licensed under chapter 463, or a dentist licensed
14  under chapter 466, each of whom must be certified by the
15  agency division as a health care provider.
16         (s)  "Reimbursement dispute" means any disagreement
17  between a health care provider or health care facility and
18  carrier concerning payment for medical treatment.
19         (t)  "Utilization control" means a systematic process
20  of implementing measures that assure overall management and
21  cost containment of services delivered.
22         (u)  "Utilization review" means the evaluation of the
23  appropriateness of both the level and the quality of health
24  care and health services provided to a patient, including, but
25  not limited to, evaluation of the appropriateness of
26  treatment, hospitalization, or office visits based on
27  medically accepted standards. Such evaluation must be
28  accomplished by means of a system that identifies the
29  utilization of medical services based on medically accepted
30  standards as established by medical consultants with
31  qualifications similar to those providing the care under
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  review, and that refers patterns and practices of
  2  overutilization to the agency division.
  3         (3)  PROVIDER ELIGIBILITY; AUTHORIZATION.--
  4         (a)  As a condition to eligibility for payment under
  5  this chapter, a health care provider who renders services must
  6  be a certified health care provider and must receive
  7  authorization from the carrier before providing treatment.
  8  This paragraph does not apply to emergency care. The agency
  9  division shall adopt rules to implement the certification of
10  health care providers.
11         (b)  A health care provider who renders emergency care
12  must notify the carrier by the close of the third business day
13  after it has rendered such care. If the emergency care results
14  in admission of the employee to a health care facility, the
15  health care provider must notify the carrier by telephone
16  within 24 hours after initial treatment. Emergency care is not
17  compensable under this chapter unless the injury requiring
18  emergency care arose as a result of a work-related accident.
19  Pursuant to chapter 395, all licensed physicians and health
20  care providers in this state shall be required to make their
21  services available for emergency treatment of any employee
22  eligible for workers' compensation benefits. To refuse to make
23  such treatment available is cause for revocation of a license.
24         (c)  A health care provider may not refer the employee
25  to another health care provider, diagnostic facility, therapy
26  center, or other facility without prior authorization from the
27  carrier, except when emergency care is rendered. Any referral
28  must be to a health care provider that has been certified by
29  the agency division, unless the referral is for emergency
30  treatment.
31         (d)  A carrier must respond, by telephone or in
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  writing, to a request for authorization by the close of the
  2  third business day after receipt of the request. A carrier who
  3  fails to respond to a written request for authorization for
  4  referral for medical treatment by the close of the third
  5  business day after receipt of the request consents to the
  6  medical necessity for such treatment. All such requests must
  7  be made to the carrier. Notice to the carrier does not include
  8  notice to the employer.
  9         (e)  Carriers shall adopt procedures for receiving,
10  reviewing, documenting, and responding to requests for
11  authorization. Such procedures shall be for a health care
12  provider certified under this section.
13         (f)  By accepting payment under this chapter for
14  treatment rendered to an injured employee, a health care
15  provider consents to the jurisdiction of the agency division
16  as set forth in subsection (11) and to the submission of all
17  records and other information concerning such treatment to the
18  agency division in connection with a reimbursement dispute,
19  audit, or review as provided by this section. The health care
20  provider must further agree to comply with any decision of the
21  agency division rendered under this section.
22         (g)  The employee is not liable for payment for medical
23  treatment or services provided pursuant to this section except
24  as otherwise provided in this section.
25         (h)  The provisions of s. 456.053 are applicable to
26  referrals among health care providers, as defined in
27  subsection (1), treating injured workers.
28         (i)  Notwithstanding paragraph (d), a claim for
29  specialist consultations, surgical operations,
30  physiotherapeutic or occupational therapy procedures, X-ray
31  examinations, or special diagnostic laboratory tests that cost
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  more than $1,000 and other specialty services that the agency
  2  division identifies by rule is not valid and reimbursable
  3  unless the services have been expressly authorized by the
  4  carrier, or unless the carrier has failed to respond within 10
  5  days to a written request for authorization, or unless
  6  emergency care is required. The insurer shall not refuse to
  7  authorize such consultation or procedure unless the health
  8  care provider or facility is not authorized or certified or
  9  unless an expert medical advisor has determined that the
10  consultation or procedure is not medically necessary or
11  otherwise compensable under this chapter. Authorization of a
12  treatment plan does not constitute express authorization for
13  purposes of this section, except to the extent the carrier
14  provides otherwise in its authorization procedures. This
15  paragraph does not limit the carrier's obligation to identify
16  and disallow overutilization or billing errors.
17         (j)  Notwithstanding anything in this chapter to the
18  contrary, a sick or injured employee shall be entitled, at all
19  times, to free, full, and absolute choice in the selection of
20  the pharmacy or pharmacist dispensing and filling
21  prescriptions for medicines required under this chapter. It is
22  expressly forbidden for the agency division, an employer, or a
23  carrier, or any agent or representative of the agency
24  division, an employer, or a carrier to select the pharmacy or
25  pharmacist which the sick or injured employee must use;
26  condition coverage or payment on the basis of the pharmacy or
27  pharmacist utilized; or to otherwise interfere in the
28  selection by the sick or injured employee of a pharmacy or
29  pharmacist.
30         (4)  NOTICE OF TREATMENT TO CARRIER; FILING WITH
31  DEPARTMENT DIVISION.--
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         (a)  Any health care provider providing necessary
  2  remedial treatment, care, or attendance to any injured worker
  3  shall submit treatment reports to the carrier in a format
  4  prescribed by the department in consultation with the agency
  5  division. A claim for medical or surgical treatment is not
  6  valid or enforceable against such employer or employee,
  7  unless, by the close of the third business day following the
  8  first treatment, the physician providing the treatment
  9  furnishes to the employer or carrier a preliminary notice of
10  the injury and treatment on forms prescribed by the department
11  in consultation with the agency division and, within 15 days
12  thereafter, furnishes to the employer or carrier a complete
13  report, and subsequent thereto furnishes progress reports, if
14  requested by the employer or insurance carrier, at intervals
15  of not less than 3 weeks apart or at less frequent intervals
16  if requested on forms prescribed by the department in
17  consultation with the agency division.
18         (b)  Upon the request of the department Division of
19  Workers' Compensation, each medical report or bill obtained or
20  received by the employer, the carrier, or the injured
21  employee, or the attorney for the employer, carrier, or
22  injured employee, with respect to the remedial treatment,
23  care, and attendance of the injured employee, including any
24  report of an examination, diagnosis, or disability evaluation,
25  must be filed with the department Division of Workers'
26  Compensation pursuant to rules adopted by the department in
27  consultation with the agency division. The health care
28  provider shall also furnish to the injured employee or to his
29  or her attorney, on demand, a copy of his or her office chart,
30  records, and reports, and may charge the injured employee an
31  amount authorized by the department division for the copies.
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Each such health care provider shall provide to the agency or
  2  department division information about the remedial treatment,
  3  care, and attendance which the agency or department division
  4  reasonably requests.
  5         (c)  It is the policy for the administration of the
  6  workers' compensation system that there be reasonable access
  7  to medical information by all parties to facilitate the
  8  self-executing features of the law. Notwithstanding the
  9  limitations in s. 456.057 and subject to the limitations in s.
10  381.004, upon the request of the employer, the carrier, an
11  authorized qualified rehabilitation provider, or the attorney
12  for the employer or carrier, the medical records of an injured
13  employee must be furnished to those persons and the medical
14  condition of the injured employee must be discussed with those
15  persons, if the records and the discussions are restricted to
16  conditions relating to the workplace injury. Any such
17  discussions may be held before or after the filing of a claim
18  without the knowledge, consent, or presence of any other party
19  or his or her agent or representative. A health care provider
20  who willfully refuses to provide medical records or to discuss
21  the medical condition of the injured employee, after a
22  reasonable request is made for such information pursuant to
23  this subsection, shall be subject by the agency division to
24  one or more of the penalties set forth in paragraph (8)(b).
25         (5)  INDEPENDENT MEDICAL EXAMINATIONS.--
26         (a)  In any dispute concerning overutilization, medical
27  benefits, compensability, or disability under this chapter,
28  the carrier or the employee may select an independent medical
29  examiner. The examiner may be a health care provider treating
30  or providing other care to the employee. An independent
31  medical examiner may not render an opinion outside his or her
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  area of expertise, as demonstrated by licensure and applicable
  2  practice parameters.
  3         (b)  Each party is bound by his or her selection of an
  4  independent medical examiner and is entitled to an alternate
  5  examiner only if:
  6         1.  The examiner is not qualified to render an opinion
  7  upon an aspect of the employee's illness or injury which is
  8  material to the claim or petition for benefits;
  9         2.  The examiner ceases to practice in the specialty
10  relevant to the employee's condition;
11         3.  The examiner is unavailable due to injury, death,
12  or relocation outside a reasonably accessible geographic area;
13  or
14         4.  The parties agree to an alternate examiner.
15
16  Any party may request, or a judge of compensation claims may
17  require, designation of an agency a division medical advisor
18  as an independent medical examiner. The opinion of the
19  advisors acting as examiners shall not be afforded the
20  presumption set forth in paragraph (9)(c).
21         (c)  The carrier may, at its election, contact the
22  claimant directly to schedule a reasonable time for an
23  independent medical examination. The carrier must confirm the
24  scheduling agreement in writing within 5 days and notify
25  claimant's counsel, if any, at least 7 days before the date
26  upon which the independent medical examination is scheduled to
27  occur. An attorney representing a claimant is not authorized
28  to schedule independent medical evaluations under this
29  subsection.
30         (d)  If the employee fails to appear for the
31  independent medical examination without good cause and fails
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  to advise the physician at least 24 hours before the scheduled
  2  date for the examination that he or she cannot appear, the
  3  employee is barred from recovering compensation for any period
  4  during which he or she has refused to submit to such
  5  examination. Further, the employee shall reimburse the carrier
  6  50 percent of the physician's cancellation or no-show fee
  7  unless the carrier that schedules the examination fails to
  8  timely provide to the employee a written confirmation of the
  9  date of the examination pursuant to paragraph (c) which
10  includes an explanation of why he or she failed to appear. The
11  employee may appeal to a judge of compensation claims for
12  reimbursement when the carrier withholds payment in excess of
13  the authority granted by this section.
14         (e)  No medical opinion other than the opinion of a
15  medical advisor appointed by the judge of compensation claims
16  or agency division, an independent medical examiner, or an
17  authorized treating provider is admissible in proceedings
18  before the judges of compensation claims.
19         (f)  Attorney's fees incurred by an injured employee in
20  connection with delay of or opposition to an independent
21  medical examination, including, but not limited to, motions
22  for protective orders, are not recoverable under this chapter.
23         (6)  UTILIZATION REVIEW.--Carriers shall review all
24  bills, invoices, and other claims for payment submitted by
25  health care providers in order to identify overutilization and
26  billing errors, and may hire peer review consultants or
27  conduct independent medical evaluations. Such consultants,
28  including peer review organizations, are immune from liability
29  in the execution of their functions under this subsection to
30  the extent provided in s. 766.101. If a carrier finds that
31  overutilization of medical services or a billing error has
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  occurred, it must disallow or adjust payment for such services
  2  or error without order of a judge of compensation claims or
  3  the agency division, if the carrier, in making its
  4  determination, has complied with this section and rules
  5  adopted by the agency division.
  6         (7)  UTILIZATION AND REIMBURSEMENT DISPUTES.--
  7         (a)  Any health care provider, carrier, or employer who
  8  elects to contest the disallowance or adjustment of payment by
  9  a carrier under subsection (6) must, within 30 days after
10  receipt of notice of disallowance or adjustment of payment,
11  petition the agency division to resolve the dispute. The
12  petitioner must serve a copy of the petition on the carrier
13  and on all affected parties by certified mail. The petition
14  must be accompanied by all documents and records that support
15  the allegations contained in the petition. Failure of a
16  petitioner to submit such documentation to the agency division
17  results in dismissal of the petition.
18         (b)  The carrier must submit to the agency division
19  within 10 days after receipt of the petition all documentation
20  substantiating the carrier's disallowance or adjustment.
21  Failure of the carrier to submit the requested documentation
22  to the agency division within 10 days constitutes a waiver of
23  all objections to the petition.
24         (c)  Within 60 days after receipt of all documentation,
25  the agency division must provide to the petitioner, the
26  carrier, and the affected parties a written determination of
27  whether the carrier properly adjusted or disallowed payment.
28  The agency division must be guided by standards and policies
29  set forth in this chapter, including all applicable
30  reimbursement schedules, in rendering its determination.
31         (d)  If the agency division finds an improper
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  disallowance or improper adjustment of payment by an insurer,
  2  the insurer shall reimburse the health care provider,
  3  facility, insurer, or employer within 30 days, subject to the
  4  penalties provided in this subsection.
  5         (e)  The agency division shall adopt rules to carry out
  6  this subsection. The rules may include provisions for
  7  consolidating petitions filed by a petitioner and expanding
  8  the timetable for rendering a determination upon a
  9  consolidated petition.
10         (f)  Any carrier that engages in a pattern or practice
11  of arbitrarily or unreasonably disallowing or reducing
12  payments to health care providers may be subject to one or
13  more of the following penalties imposed by the agency
14  division:
15         1.  Repayment of the appropriate amount to the health
16  care provider.
17         2.  An administrative fine assessed by the agency
18  division in an amount not to exceed $5,000 per instance of
19  improperly disallowing or reducing payments.
20         3.  Award of the health care provider's costs,
21  including a reasonable attorney's fee, for prosecuting the
22  petition.
23         (8)  PATTERN OR PRACTICE OF OVERUTILIZATION.--
24         (a)  Carriers must report to the agency division all
25  instances of overutilization including, but not limited to,
26  all instances in which the carrier disallows or adjusts
27  payment. The agency division shall determine whether a pattern
28  or practice of overutilization exists.
29         (b)  If the agency division determines that a health
30  care provider has engaged in a pattern or practice of
31  overutilization or a violation of this chapter or rules
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  adopted by the agency division, it may impose one or more of
  2  the following penalties:
  3         1.  An order of the agency division barring the
  4  provider from payment under this chapter;
  5         2.  Deauthorization of care under review;
  6         3.  Denial of payment for care rendered in the future;
  7         4.  Decertification of a health care provider certified
  8  as an expert medical advisor under subsection (9) or of a
  9  rehabilitation provider certified under s. 440.49;
10         5.  An administrative fine assessed by the agency
11  division in an amount not to exceed $5,000 per instance of
12  overutilization or violation; and
13         6.  Notification of and review by the appropriate
14  licensing authority pursuant to s. 440.106(3).
15         (9)  EXPERT MEDICAL ADVISORS.--
16         (a)  The agency division shall certify expert medical
17  advisors in each specialty to assist the agency division and
18  the judges of compensation claims within the advisor's area of
19  expertise as provided in this section. The agency division
20  shall, in a manner prescribed by rule, in certifying,
21  recertifying, or decertifying an expert medical advisor,
22  consider the qualifications, training, impartiality, and
23  commitment of the health care provider to the provision of
24  quality medical care at a reasonable cost. As a prerequisite
25  for certification or recertification, the agency division
26  shall require, at a minimum, that an expert medical advisor
27  have specialized workers' compensation training or experience
28  under the workers' compensation system of this state and board
29  certification or board eligibility.
30         (b)  The agency division shall contract with or employ
31  expert medical advisors to provide peer review or medical
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  consultation to the agency division or to a judge of
  2  compensation claims in connection with resolving disputes
  3  relating to reimbursement, differing opinions of health care
  4  providers, and health care and physician services rendered
  5  under this chapter. Expert medical advisors contracting with
  6  the agency division shall, as a term of such contract, agree
  7  to provide consultation or services in accordance with the
  8  timetables set forth in this chapter and to abide by rules
  9  adopted by the agency division, including, but not limited to,
10  rules pertaining to procedures for review of the services
11  rendered by health care providers and preparation of reports
12  and recommendations for submission to the agency division.
13         (c)  If there is disagreement in the opinions of the
14  health care providers, if two health care providers disagree
15  on medical evidence supporting the employee's complaints or
16  the need for additional medical treatment, or if two health
17  care providers disagree that the employee is able to return to
18  work, the agency division may, and the judge of compensation
19  claims shall, upon his or her own motion or within 15 days
20  after receipt of a written request by either the injured
21  employee, the employer, or the carrier, order the injured
22  employee to be evaluated by an expert medical advisor. The
23  opinion of the expert medical advisor is presumed to be
24  correct unless there is clear and convincing evidence to the
25  contrary as determined by the judge of compensation claims.
26  The expert medical advisor appointed to conduct the evaluation
27  shall have free and complete access to the medical records of
28  the employee. An employee who fails to report to and cooperate
29  with such evaluation forfeits entitlement to compensation
30  during the period of failure to report or cooperate.
31         (d)  The expert medical advisor must complete his or
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  1  her evaluation and issue his or her report to the agency
  2  division or to the judge of compensation claims within 45 days
  3  after receipt of all medical records. The expert medical
  4  advisor must furnish a copy of the report to the carrier and
  5  to the employee.
  6         (e)  An expert medical advisor is not liable under any
  7  theory of recovery for evaluations performed under this
  8  section without a showing of fraud or malice. The protections
  9  of s. 766.101 apply to any officer, employee, or agent of the
10  agency division and to any officer, employee, or agent of any
11  entity with which the agency division has contracted under
12  this subsection.
13         (f)  If the agency division or a judge of compensation
14  claims determines that the services of a certified expert
15  medical advisor are required to resolve a dispute under this
16  section, the carrier must compensate the advisor for his or
17  her time in accordance with a schedule adopted by the agency
18  division. The agency division may assess a penalty not to
19  exceed $500 against any carrier that fails to timely
20  compensate an advisor in accordance with this section.
21         (11)  AUDITS BY AGENCY FOR HEALTH CARE ADMINISTRATION
22  DIVISION; JURISDICTION.--
23         (a)  The Agency for Health Care Administration Division
24  of Workers' Compensation of the Department of Labor and
25  Employment Security may investigate health care providers to
26  determine whether providers are complying with this chapter
27  and with rules adopted by the agency division, whether the
28  providers are engaging in overutilization, and whether
29  providers are engaging in improper billing practices. If the
30  agency division finds that a health care provider has
31  improperly billed, overutilized, or failed to comply with
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  1  agency division rules or the requirements of this chapter it
  2  must notify the provider of its findings and may determine
  3  that the health care provider may not receive payment from the
  4  carrier or may impose penalties as set forth in subsection (8)
  5  or other sections of this chapter. If the health care provider
  6  has received payment from a carrier for services that were
  7  improperly billed or for overutilization, it must return those
  8  payments to the carrier. The agency division may assess a
  9  penalty not to exceed $500 for each overpayment that is not
10  refunded within 30 days after notification of overpayment by
11  the agency division or carrier.
12         (b)  The agency division shall monitor and audit
13  carriers to determine if medical bills are paid in accordance
14  with this section and agency division rules. Any employer, if
15  self-insured, or carrier found by the agency division not to
16  be within 90 percent compliance as to the payment of medical
17  bills after July 1, 1994, must be assessed a fine not to
18  exceed 1 percent of the prior year's assessment levied against
19  such entity under s. 440.51 for every quarter in which the
20  entity fails to attain 90-percent compliance. The agency
21  division shall fine or otherwise discipline an employer or
22  carrier, pursuant to rules adopted by the agency division, for
23  each late payment of compensation that is below the minimum
24  90-percent performance standard. Any carrier that is found to
25  be not in compliance in subsequent consecutive quarters must
26  implement a medical-bill review program approved by the agency
27  division, and the carrier is subject to disciplinary action by
28  the Department of Insurance.
29         (c)  The agency division has exclusive jurisdiction to
30  decide any matters concerning reimbursement, to resolve any
31  overutilization dispute under subsection (7), and to decide
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    Amendment No. ___ (for drafter's use only)
  1  any question concerning overutilization under subsection (8),
  2  which question or dispute arises after January 1, 1994.
  3         (d)  The following agency division actions do not
  4  constitute agency action subject to review under ss. 120.569
  5  and 120.57 and do not constitute actions subject to s. 120.56:
  6  referral by the entity responsible for utilization review; a
  7  decision by the agency division to refer a matter to a peer
  8  review committee; establishment by a health care provider or
  9  entity of procedures by which a peer review committee reviews
10  the rendering of health care services; and the review
11  proceedings, report, and recommendation of the peer review
12  committee.
13         (12)  CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
14  REIMBURSEMENT ALLOWANCES.--
15         (a)  A three-member panel is created, consisting of the
16  Insurance Commissioner, or the Insurance Commissioner's
17  designee, and two members to be appointed by the Governor,
18  subject to confirmation by the Senate, one member who, on
19  account of present or previous vocation, employment, or
20  affiliation, shall be classified as a representative of
21  employers, the other member who, on account of previous
22  vocation, employment, or affiliation, shall be classified as a
23  representative of employees. The panel shall determine
24  statewide schedules of maximum reimbursement allowances for
25  medically necessary treatment, care, and attendance provided
26  by physicians, hospitals, ambulatory surgical centers,
27  work-hardening programs, pain programs, and durable medical
28  equipment. The maximum reimbursement allowances for inpatient
29  hospital care shall be based on a schedule of per diem rates,
30  to be approved by the three-member panel no later than March
31  1, 1994, to be used in conjunction with a precertification
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    Amendment No. ___ (for drafter's use only)
  1  manual as determined by the agency division. All compensable
  2  charges for hospital outpatient care shall be reimbursed at 75
  3  percent of usual and customary charges. Until the three-member
  4  panel approves a schedule of per diem rates for inpatient
  5  hospital care and it becomes effective, all compensable
  6  charges for hospital inpatient care must be reimbursed at 75
  7  percent of their usual and customary charges. Annually, the
  8  three-member panel shall adopt schedules of maximum
  9  reimbursement allowances for physicians, hospital inpatient
10  care, hospital outpatient care, ambulatory surgical centers,
11  work-hardening programs, and pain programs. However, the
12  maximum percentage of increase in the individual reimbursement
13  allowance may not exceed the percentage of increase in the
14  Consumer Price Index for the previous year. An individual
15  physician, hospital, ambulatory surgical center, pain program,
16  or work-hardening program shall be reimbursed either the usual
17  and customary charge for treatment, care, and attendance, the
18  agreed-upon contract price, or the maximum reimbursement
19  allowance in the appropriate schedule, whichever is less.
20         (b)  As to reimbursement for a prescription medication,
21  the reimbursement amount for a prescription shall be the
22  average wholesale price times 1.2 plus $4.18 for the
23  dispensing fee, except where the carrier has contracted for a
24  lower amount. Fees for pharmaceuticals and pharmaceutical
25  services shall be reimbursable at the applicable fee schedule
26  amount. Where the employer or carrier has contracted for such
27  services and the employee elects to obtain them through a
28  provider not a party to the contract, the carrier shall
29  reimburse at the schedule, negotiated, or contract price,
30  whichever is lower.
31         (c)  Reimbursement for all fees and other charges for
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  1  such treatment, care, and attendance, including treatment,
  2  care, and attendance provided by any hospital or other health
  3  care provider, ambulatory surgical center, work-hardening
  4  program, or pain program, must not exceed the amounts provided
  5  by the uniform schedule of maximum reimbursement allowances as
  6  determined by the panel or as otherwise provided in this
  7  section. This subsection also applies to independent medical
  8  examinations performed by health care providers under this
  9  chapter. Until the three-member panel approves a uniform
10  schedule of maximum reimbursement allowances and it becomes
11  effective, all compensable charges for treatment, care, and
12  attendance provided by physicians, ambulatory surgical
13  centers, work-hardening programs, or pain programs shall be
14  reimbursed at the lowest maximum reimbursement allowance
15  across all 1992 schedules of maximum reimbursement allowances
16  for the services provided regardless of the place of service.
17  In determining the uniform schedule, the panel shall first
18  approve the data which it finds representative of prevailing
19  charges in the state for similar treatment, care, and
20  attendance of injured persons. Each health care provider,
21  health care facility, ambulatory surgical center,
22  work-hardening program, or pain program receiving workers'
23  compensation payments shall maintain records verifying their
24  usual charges. In establishing the uniform schedule of maximum
25  reimbursement allowances, the panel must consider:
26         1.  The levels of reimbursement for similar treatment,
27  care, and attendance made by other health care programs or
28  third-party providers;
29         2.  The impact upon cost to employers for providing a
30  level of reimbursement for treatment, care, and attendance
31  which will ensure the availability of treatment, care, and
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  attendance required by injured workers;
  2         3.  The financial impact of the reimbursement
  3  allowances upon health care providers and health care
  4  facilities, including trauma centers as defined in s.
  5  395.4001, and its effect upon their ability to make available
  6  to injured workers such medically necessary remedial
  7  treatment, care, and attendance. The uniform schedule of
  8  maximum reimbursement allowances must be reasonable, must
  9  promote health care cost containment and efficiency with
10  respect to the workers' compensation health care delivery
11  system, and must be sufficient to ensure availability of such
12  medically necessary remedial treatment, care, and attendance
13  to injured workers; and
14         4.  The most recent average maximum allowable rate of
15  increase for hospitals determined by the Health Care Board
16  under chapter 408.
17         (13)  REMOVAL OF PHYSICIANS FROM LISTS OF THOSE
18  AUTHORIZED TO RENDER MEDICAL CARE.--The agency division shall
19  remove from the list of physicians or facilities authorized to
20  provide remedial treatment, care, and attendance under this
21  chapter the name of any physician or facility found after
22  reasonable investigation to have:
23         (a)  Engaged in professional or other misconduct or
24  incompetency in connection with medical services rendered
25  under this chapter;
26         (b)  Exceeded the limits of his or her or its
27  professional competence in rendering medical care under this
28  chapter, or to have made materially false statements regarding
29  his or her or its qualifications in his or her application;
30         (c)  Failed to transmit copies of medical reports to
31  the employer or carrier, or failed to submit full and truthful
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  medical reports of all his or her or its findings to the
  2  employer or carrier as required under this chapter;
  3         (d)  Solicited, or employed another to solicit for
  4  himself or herself or itself or for another, professional
  5  treatment, examination, or care of an injured employee in
  6  connection with any claim under this chapter;
  7         (e)  Refused to appear before, or to answer upon
  8  request of, the agency division or any duly authorized officer
  9  of the state, any legal question, or to produce any relevant
10  book or paper concerning his or her conduct under any
11  authorization granted to him or her under this chapter;
12         (f)  Self-referred in violation of this chapter or
13  other laws of this state; or
14         (g)  Engaged in a pattern of practice of
15  overutilization or a violation of this chapter or rules
16  adopted by the agency division.
17         (15)  PRACTICE PARAMETERS.--
18         (a)  The Agency for Health Care Administration, in
19  conjunction with the department division and appropriate
20  health professional associations and health-related
21  organizations shall develop and may adopt by rule
22  scientifically sound practice parameters for medical
23  procedures relevant to workers' compensation claimants.
24  Practice parameters developed under this section must focus on
25  identifying effective remedial treatments and promoting the
26  appropriate utilization of health care resources. Priority
27  must be given to those procedures that involve the greatest
28  utilization of resources either because they are the most
29  costly or because they are the most frequently performed.
30  Practice parameters for treatment of the 10 top procedures
31  associated with workers' compensation injuries including the
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    Amendment No. ___ (for drafter's use only)
  1  remedial treatment of lower-back injuries must be developed by
  2  December 31, 1994.
  3         (b)  The guidelines may be initially based on
  4  guidelines prepared by nationally recognized health care
  5  institutions and professional organizations but should be
  6  tailored to meet the workers' compensation goal of returning
  7  employees to full employment as quickly as medically possible,
  8  taking into consideration outcomes data collected from managed
  9  care providers and any other inpatient and outpatient
10  facilities serving workers' compensation claimants.
11         (c)  Procedures must be instituted which provide for
12  the periodic review and revision of practice parameters based
13  on the latest outcomes data, research findings, technological
14  advancements, and clinical experiences, at least once every 3
15  years.
16         (d)  Practice parameters developed under this section
17  must be used by carriers and the agency division in evaluating
18  the appropriateness and overutilization of medical services
19  provided to injured employees.
20         Section 25.  Subsection (23) of section 440.134,
21  Florida Statutes, is amended to read:
22         440.134  Workers' compensation managed care
23  arrangement.--
24         (23)  The agency shall immediately notify the
25  department of Insurance and the Department of Labor and
26  Employment Security whenever it issues an administrative
27  complaint or an order or otherwise initiates legal proceedings
28  resulting in, or which may result in, suspension or revocation
29  of an insurer's authorization.
30         Section 26.  Subsections (3) and (4) of section 440.14,
31  Florida Statutes, are amended to read:
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         440.14  Determination of pay.--
  2         (3)  The department division shall establish by rule a
  3  form which shall contain a simplified checklist of those items
  4  which may be included as "wage" for determining the average
  5  weekly wage.
  6         (4)  Upon termination of the employee or upon
  7  termination of the payment of fringe benefits of any employee
  8  who is collecting indemnity benefits pursuant to s. 440.15(2)
  9  or (3)(b), the employer shall within 7 days of such
10  termination file a corrected 13-week wage statement reflecting
11  the wages paid and the fringe benefits that had been paid to
12  the injured employee, as provided defined in s. 440.02(27).
13         Section 27.  Paragraphs (d) and (f) of subsection (1),
14  paragraphs (c) and (d) of subsection (2), subsections (3),
15  (4), and (6), and paragraphs (b) and (c) of subsection (10) of
16  section 440.15, Florida Statutes, are amended to read:
17         440.15  Compensation for disability.--Compensation for
18  disability shall be paid to the employee, subject to the
19  limits provided in s. 440.12(2), as follows:
20         (1)  PERMANENT TOTAL DISABILITY.--
21         (d)  If an employee who is being paid compensation for
22  permanent total disability becomes rehabilitated to the extent
23  that she or he establishes an earning capacity, the employee
24  shall be paid, instead of the compensation provided in
25  paragraph (a), benefits pursuant to subsection (3). The
26  department division shall adopt rules to enable a permanently
27  and totally disabled employee who may have reestablished an
28  earning capacity to undertake a trial period of reemployment
29  without prejudicing her or his return to permanent total
30  status in the case that such employee is unable to sustain an
31  earning capacity.
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         (f)1.  If permanent total disability results from
  2  injuries that occurred subsequent to June 30, 1955, and for
  3  which the liability of the employer for compensation has not
  4  been discharged under s. 440.20(11), the injured employee
  5  shall receive additional weekly compensation benefits equal to
  6  5 percent of her or his weekly compensation rate, as
  7  established pursuant to the law in effect on the date of her
  8  or his injury, multiplied by the number of calendar years
  9  since the date of injury. The weekly compensation payable and
10  the additional benefits payable under this paragraph, when
11  combined, may not exceed the maximum weekly compensation rate
12  in effect at the time of payment as determined pursuant to s.
13  440.12(2). Entitlement to these supplemental payments shall
14  cease at age 62 if the employee is eligible for social
15  security benefits under 42 U.S.C. ss. 402 and 423, whether or
16  not the employee has applied for such benefits. These
17  supplemental benefits shall be paid by the department division
18  out of the Workers' Compensation Administration Trust Fund
19  when the injury occurred subsequent to June 30, 1955, and
20  before July 1, 1984. These supplemental benefits shall be paid
21  by the employer when the injury occurred on or after July 1,
22  1984. Supplemental benefits are not payable for any period
23  prior to October 1, 1974.
24         2.a.  The department division shall provide by rule for
25  the periodic reporting to the department division of all
26  earnings of any nature and social security income by the
27  injured employee entitled to or claiming additional
28  compensation under subparagraph 1. Neither the department
29  division nor the employer or carrier shall make any payment of
30  those additional benefits provided by subparagraph 1. for any
31  period during which the employee willfully fails or refuses to
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  report upon request by the department division in the manner
  2  prescribed by such rules.
  3         b.  The department division shall provide by rule for
  4  the periodic reporting to the employer or carrier of all
  5  earnings of any nature and social security income by the
  6  injured employee entitled to or claiming benefits for
  7  permanent total disability. The employer or carrier is not
  8  required to make any payment of benefits for permanent total
  9  disability for any period during which the employee willfully
10  fails or refuses to report upon request by the employer or
11  carrier in the manner prescribed by such rules or if any
12  employee who is receiving permanent total disability benefits
13  refuses to apply for or cooperate with the employer or carrier
14  in applying for social security benefits.
15         3.  When an injured employee receives a full or partial
16  lump-sum advance of the employee's permanent total disability
17  compensation benefits, the employee's benefits under this
18  paragraph shall be computed on the employee's weekly
19  compensation rate as reduced by the lump-sum advance.
20         (2)  TEMPORARY TOTAL DISABILITY.--
21         (c)  Temporary total disability benefits paid pursuant
22  to this subsection shall include such period as may be
23  reasonably necessary for training in the use of artificial
24  members and appliances, and shall include such period as the
25  employee may be receiving training and education under a
26  program pursuant to s. 440.491. Notwithstanding s. 440.02(9),
27  the date of maximum medical improvement for purposes of
28  paragraph (3)(b) shall be no earlier than the last day for
29  which such temporary disability benefits are paid.
30         (d)  The department division shall, by rule, provide
31  for the periodic reporting to the department division,
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  employer, or carrier of all earned income, including income
  2  from social security, by the injured employee who is entitled
  3  to or claiming benefits for temporary total disability. The
  4  employer or carrier is not required to make any payment of
  5  benefits for temporary total disability for any period during
  6  which the employee willfully fails or refuses to report upon
  7  request by the employer or carrier in the manner prescribed by
  8  the rules. The rule must require the claimant to personally
  9  sign the claim form and attest that she or he has reviewed,
10  understands, and acknowledges the foregoing.
11         (3)  PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
12         (a)  Impairment benefits.--
13         1.  Once the employee has reached the date of maximum
14  medical improvement, impairment benefits are due and payable
15  within 20 days after the carrier has knowledge of the
16  impairment.
17         2.  The three-member panel, in cooperation with the
18  department division, shall establish and use a uniform
19  permanent impairment rating schedule. This schedule must be
20  based on medically or scientifically demonstrable findings as
21  well as the systems and criteria set forth in the American
22  Medical Association's Guides to the Evaluation of Permanent
23  Impairment; the Snellen Charts, published by American Medical
24  Association Committee for Eye Injuries; and the Minnesota
25  Department of Labor and Industry Disability Schedules. The
26  schedule should be based upon objective findings. The schedule
27  shall be more comprehensive than the AMA Guides to the
28  Evaluation of Permanent Impairment and shall expand the areas
29  already addressed and address additional areas not currently
30  contained in the guides. On August 1, 1979, and pending the
31  adoption, by rule, of a permanent schedule, Guides to the
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Evaluation of Permanent Impairment, copyright 1977, 1971,
  2  1988, by the American Medical Association, shall be the
  3  temporary schedule and shall be used for the purposes hereof.
  4  For injuries after July 1, 1990, pending the adoption by
  5  department division rule of a uniform disability rating
  6  schedule, the Minnesota Department of Labor and Industry
  7  Disability Schedule shall be used unless that schedule does
  8  not address an injury. In such case, the Guides to the
  9  Evaluation of Permanent Impairment by the American Medical
10  Association shall be used. Determination of permanent
11  impairment under this schedule must be made by a physician
12  licensed under chapter 458, a doctor of osteopathic medicine
13  licensed under chapters 458 and 459, a chiropractic physician
14  licensed under chapter 460, a podiatric physician licensed
15  under chapter 461, an optometrist licensed under chapter 463,
16  or a dentist licensed under chapter 466, as appropriate
17  considering the nature of the injury. No other persons are
18  authorized to render opinions regarding the existence of or
19  the extent of permanent impairment.
20         3.  All impairment income benefits shall be based on an
21  impairment rating using the impairment schedule referred to in
22  subparagraph 2. Impairment income benefits are paid weekly at
23  the rate of 50 percent of the employee's average weekly
24  temporary total disability benefit not to exceed the maximum
25  weekly benefit under s. 440.12. An employee's entitlement to
26  impairment income benefits begins the day after the employee
27  reaches maximum medical improvement or the expiration of
28  temporary benefits, whichever occurs earlier, and continues
29  until the earlier of:
30         a.  The expiration of a period computed at the rate of
31  3 weeks for each percentage point of impairment; or
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         b.  The death of the employee.
  2         4.  After the employee has been certified by a doctor
  3  as having reached maximum medical improvement or 6 weeks
  4  before the expiration of temporary benefits, whichever occurs
  5  earlier, the certifying doctor shall evaluate the condition of
  6  the employee and assign an impairment rating, using the
  7  impairment schedule referred to in subparagraph 2.
  8  Compensation is not payable for the mental, psychological, or
  9  emotional injury arising out of depression from being out of
10  work. If the certification and evaluation are performed by a
11  doctor other than the employee's treating doctor, the
12  certification and evaluation must be submitted to the treating
13  doctor, and the treating doctor must indicate agreement or
14  disagreement with the certification and evaluation. The
15  certifying doctor shall issue a written report to the
16  department division, the employee, and the carrier certifying
17  that maximum medical improvement has been reached, stating the
18  impairment rating, and providing any other information
19  required by the department by rule division. If the employee
20  has not been certified as having reached maximum medical
21  improvement before the expiration of 102 weeks after the date
22  temporary total disability benefits begin to accrue, the
23  carrier shall notify the treating doctor of the requirements
24  of this section.
25         5.  The carrier shall pay the employee impairment
26  income benefits for a period based on the impairment rating.
27         6.  The department division may by rule specify forms
28  and procedures governing the method of payment of wage loss
29  and impairment benefits for dates of accidents before January
30  1, 1994, and for dates of accidents on or after January 1,
31  1994.
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         (b)  Supplemental benefits.--
  2         1.  All supplemental benefits must be paid in
  3  accordance with this subsection. An employee is entitled to
  4  supplemental benefits as provided in this paragraph as of the
  5  expiration of the impairment period, if:
  6         a.  The employee has an impairment rating from the
  7  compensable injury of 20 percent or more as determined
  8  pursuant to this chapter;
  9         b.  The employee has not returned to work or has
10  returned to work earning less than 80 percent of the
11  employee's average weekly wage as a direct result of the
12  employee's impairment; and
13         c.  The employee has in good faith attempted to obtain
14  employment commensurate with the employee's ability to work.
15         2.  If an employee is not entitled to supplemental
16  benefits at the time of payment of the final weekly impairment
17  income benefit because the employee is earning at least 80
18  percent of the employee's average weekly wage, the employee
19  may become entitled to supplemental benefits at any time
20  within 1 year after the impairment income benefit period ends
21  if:
22         a.  The employee earns wages that are less than 80
23  percent of the employee's average weekly wage for a period of
24  at least 90 days;
25         b.  The employee meets the other requirements of
26  subparagraph 1.; and
27         c.  The employee's decrease in earnings is a direct
28  result of the employee's impairment from the compensable
29  injury.
30         3.  If an employee earns wages that are at least 80
31  percent of the employee's average weekly wage for a period of
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  1  at least 90 days during which the employee is receiving
  2  supplemental benefits, the employee ceases to be entitled to
  3  supplemental benefits for the filing period. Supplemental
  4  benefits that have been terminated shall be reinstated when
  5  the employee satisfies the conditions enumerated in
  6  subparagraph 2. and files the statement required under
  7  subparagraph 5. Notwithstanding any other provision, if an
  8  employee is not entitled to supplemental benefits for 12
  9  consecutive months, the employee ceases to be entitled to any
10  additional income benefits for the compensable injury. If the
11  employee is discharged within 12 months after losing
12  entitlement under this subsection, benefits may be reinstated
13  if the employee was discharged at that time with the intent to
14  deprive the employee of supplemental benefits.
15         4.  During the period that impairment income benefits
16  or supplemental income benefits are being paid, the carrier
17  has the affirmative duty to determine at least annually
18  whether any extended unemployment or underemployment is a
19  direct result of the employee's impairment. To accomplish this
20  purpose, the division may require periodic reports from the
21  employee and the carrier, and it may, at the carrier's
22  expense, require any physical or other examinations,
23  vocational assessments, or other tests or diagnoses necessary
24  to verify that the carrier is performing its duty. Not more
25  than once in each 12 calendar months, the employee and the
26  carrier may each request that the division review the status
27  of the employee and determine whether the carrier has
28  performed its duty with respect to whether the employee's
29  unemployment or underemployment is a direct result of
30  impairment from the compensable injury.
31         4.5.  After the initial determination of supplemental
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  1  benefits, the employee must file a statement with the carrier
  2  stating that the employee has earned less than 80 percent of
  3  the employee's average weekly wage as a direct result of the
  4  employee's impairment, stating the amount of wages the
  5  employee earned in the filing period, and stating that the
  6  employee has in good faith sought employment commensurate with
  7  the employee's ability to work. The statement must be filed
  8  quarterly on a form and in the manner prescribed by the
  9  department division. The department division may modify the
10  filing period as appropriate to an individual case. Failure to
11  file a statement relieves the carrier of liability for
12  supplemental benefits for the period during which a statement
13  is not filed.
14         5.6.  The carrier shall begin payment of supplemental
15  benefits not later than the seventh day after the expiration
16  date of the impairment income benefit period and shall
17  continue to timely pay those benefits. The carrier may request
18  a mediation conference for the purpose of contesting the
19  employee's entitlement to or the amount of supplemental income
20  benefits.
21         6.7.  Supplemental benefits are calculated quarterly
22  and paid monthly. For purposes of calculating supplemental
23  benefits, 80 percent of the employee's average weekly wage and
24  the average wages the employee has earned per week are
25  compared quarterly. For purposes of this paragraph, if the
26  employee is offered a bona fide position of employment that
27  the employee is capable of performing, given the physical
28  condition of the employee and the geographic accessibility of
29  the position, the employee's weekly wages are considered
30  equivalent to the weekly wages for the position offered to the
31  employee.
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  1         7.8.  Supplemental benefits are payable at the rate of
  2  80 percent of the difference between 80 percent of the
  3  employee's average weekly wage determined pursuant to s.
  4  440.14 and the weekly wages the employee has earned during the
  5  reporting period, not to exceed the maximum weekly income
  6  benefit under s. 440.12.
  7         8.9.  The department division may by rule define terms
  8  that are necessary for the administration of this section and
  9  forms and procedures governing the method of payment of
10  supplemental benefits for dates of accidents before January 1,
11  1994, and for dates of accidents on or after January 1, 1994.
12         (c)  Duration of temporary impairment and supplemental
13  income benefits.--The employee's eligibility for temporary
14  benefits, impairment income benefits, and supplemental
15  benefits terminates on the expiration of 401 weeks after the
16  date of injury.
17         (4)  TEMPORARY PARTIAL DISABILITY.--
18         (a)  In case of temporary partial disability,
19  compensation shall be equal to 80 percent of the difference
20  between 80 percent of the employee's average weekly wage and
21  the salary, wages, and other remuneration the employee is able
22  to earn, as compared weekly; however, the weekly benefits may
23  not exceed an amount equal to 66 2/3  percent of the
24  employee's average weekly wage at the time of injury. In order
25  to simplify the comparison of the preinjury average weekly
26  wage with the salary, wages, and other remuneration the
27  employee is able to earn, the department division may by rule
28  provide for the modification of the weekly comparison so as to
29  coincide as closely as possible with the injured worker's pay
30  periods. The amount determined to be the salary, wages, and
31  other remuneration the employee is able to earn shall in no
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    Amendment No. ___ (for drafter's use only)
  1  case be less than the sum actually being earned by the
  2  employee, including earnings from sheltered employment.
  3         (b)  Such benefits shall be paid during the continuance
  4  of such disability, not to exceed a period of 104 weeks, as
  5  provided by this subsection and subsection (2). Once the
  6  injured employee reaches the maximum number of weeks,
  7  temporary disability benefits cease and the injured worker's
  8  permanent impairment must be determined. The department
  9  division may by rule specify forms and procedures governing
10  the method of payment of temporary disability benefits for
11  dates of accidents before January 1, 1994, and for dates of
12  accidents on or after January 1, 1994.
13         (6)  OBLIGATION TO REHIRE.--If the employer has not in
14  good faith made available to the employee, within a 100-mile
15  radius of the employee's residence, work appropriate to the
16  employee's physical limitations within 30 days after the
17  carrier notifies the employer of maximum medical improvement
18  and the employee's physical limitations, the employer shall
19  pay to the department division for deposit into the Workers'
20  Compensation Administration Trust Fund a fine of $250 for
21  every $5,000 of the employer's workers' compensation premium
22  or payroll, not to exceed $2,000 per violation, as the
23  department division requires by rule. The employer is not
24  subject to this subsection if the employee is receiving
25  permanent total disability benefits or if the employer has 50
26  or fewer employees.
27         (10)  EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
28  AND FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
29  ACT.--
30         (b)  If the provisions of 42 U.S.C. s. 424(a) are
31  amended to provide for a reduction or increase of the
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    Amendment No. ___ (for drafter's use only)
  1  percentage of average current earnings that the sum of
  2  compensation benefits payable under this chapter and the
  3  benefits payable under 42 U.S.C. ss. 402 and 423 can equal,
  4  the amount of the reduction of benefits provided in this
  5  subsection shall be reduced or increased accordingly. The
  6  department division may by rule specify forms and procedures
  7  governing the method for calculating and administering the
  8  offset of benefits payable under this chapter and benefits
  9  payable under 42 U.S.C. ss. 402 and 423. The department
10  division shall have first priority in taking any available
11  social security offsets on dates of accidents occurring before
12  July 1, 1984.
13         (c)  No disability compensation benefits payable for
14  any week, including those benefits provided by paragraph
15  (1)(f), shall be reduced pursuant to this subsection until the
16  Social Security Administration determines the amount otherwise
17  payable to the employee under 42 U.S.C. ss. 402 and 423 and
18  the employee has begun receiving such social security benefit
19  payments. The employee shall, upon demand by the department
20  division, the employer, or the carrier, authorize the Social
21  Security Administration to release disability information
22  relating to her or him and authorize the Division of
23  Unemployment Compensation to release unemployment compensation
24  information relating to her or him, in accordance with rules
25  to be adopted promulgated by the department division
26  prescribing the procedure and manner for requesting the
27  authorization and for compliance by the employee. Neither the
28  department division nor the employer or carrier shall make any
29  payment of benefits for total disability or those additional
30  benefits provided by paragraph (1)(f) for any period during
31  which the employee willfully fails or refuses to authorize the
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  release of information in the manner and within the time
  2  prescribed by such rules. The authority for release of
  3  disability information granted by an employee under this
  4  paragraph shall be effective for a period not to exceed 12
  5  months, such authority to be renewable as the department
  6  division may prescribe by rule.
  7         Section 28.  Subsections (2), (3), (4), (5), (7), and
  8  (10) of section 440.185, Florida Statutes, are amended to
  9  read:
10         440.185  Notice of injury or death; reports; penalties
11  for violations.--
12         (2)  Within 7 days after actual knowledge of injury or
13  death, the employer shall report such injury or death to its
14  carrier, in a format prescribed by the department division,
15  and shall provide a copy of such report to the employee or the
16  employee's estate. The report of injury shall contain the
17  following information:
18         (a)  The name, address, and business of the employer;
19         (b)  The name, social security number, street, mailing
20  address, telephone number, and occupation of the employee;
21         (c)  The cause and nature of the injury or death;
22         (d)  The year, month, day, and hour when, and the
23  particular locality where, the injury or death occurred; and
24         (e)  Such other information as the department division
25  may require.
26
27  The carrier shall, within 14 days after the employer's receipt
28  of the form reporting the injury, file the information
29  required by this subsection with the department division in
30  Tallahassee. However, the department division may by rule
31  provide for a different reporting system for those types of
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  injuries which it determines should be reported in a different
  2  manner and for those cases which involve minor injuries
  3  requiring professional medical attention in which the employee
  4  does not lose more than 7 days of work as a result of the
  5  injury and is able to return to the job immediately after
  6  treatment and resume regular work.
  7         (3)  In addition to the requirements of subsection (2),
  8  the employer shall notify the department division within 24
  9  hours by telephone or telegraph of any injury resulting in
10  death.  However, this special notice shall not be required
11  when death results subsequent to the submission to the
12  department division of a previous report of the injury
13  pursuant to subsection (2).
14         (4)  Within 3 days after the employer or the employee
15  informs the carrier of an injury the carrier shall mail to the
16  injured worker an informational brochure approved by the
17  department division which sets forth in clear and
18  understandable language an explanation of the rights,
19  benefits, procedures for obtaining benefits and assistance,
20  criminal penalties, and obligations of injured workers and
21  their employers under the Florida Workers' Compensation Law.
22  Annually, the carrier or its third-party administrator shall
23  mail to the employer an informational brochure approved by the
24  department division which sets forth in clear and
25  understandable language an explanation of the rights,
26  benefits, procedures for obtaining benefits and assistance,
27  criminal penalties, and obligations of injured workers and
28  their employers under the Florida Workers' Compensation Law.
29  All such informational brochures shall contain a notice that
30  clearly states in substance the following: "Any person who,
31  knowingly and with intent to injure, defraud, or deceive any
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    Amendment No. ___ (for drafter's use only)
  1  employer or employee, insurance company, or self-insured
  2  program, files a statement of claim containing any false or
  3  misleading information commits a felony of the third degree."
  4         (5)  Additional reports with respect to such injury and
  5  of the condition of such employee, including copies of medical
  6  reports, funeral expenses, and wage statements, shall be filed
  7  by the employer or carrier to the department division at such
  8  times and in such manner as the department division may
  9  prescribe by rule.  In carrying out its responsibilities under
10  this chapter, the department or agency division may by rule
11  provide for the obtaining of any medical records relating to
12  medical treatment provided pursuant to this chapter,
13  notwithstanding the provisions of ss. 90.503 and 395.3025(4).
14         (7)  Every carrier shall file with the department
15  division within 21 days after the issuance of a policy or
16  contract of insurance such policy information as the
17  department division requires, including notice of whether the
18  policy is a minimum premium policy. Notice of cancellation or
19  expiration of a policy as set out in s. 440.42(3) shall be
20  mailed to the department division in accordance with rules
21  adopted by the department division under chapter 120. The
22  department division may contract with a private entity for the
23  collection of policy information required to be filed by
24  carriers under this subsection and the receipt of notices of
25  cancellation or expiration of a policy required to be filed by
26  carriers under s. 440.42(3). The submission of policy
27  information or notices of cancellation or expiration to the
28  contracted private entity satisfies the filing requirements of
29  this subsection and s. 440.42(3).
30         (10)  The department division may by rule prescribe
31  forms and procedures governing the submission of the change in
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  claims administration report and the risk class code and
  2  standard industry code report for all lost time and denied
  3  lost-time cases. The department division may by rule define
  4  terms that are necessary for the effective administration of
  5  this section.
  6         Section 29.  Subsection (1) and paragraph (d) of
  7  subsection (2) of section 440.191, Florida Statutes, are
  8  amended to read:
  9         440.191  Employee Assistance and Ombudsman Office.--
10         (1)(a)  In order to effect the self-executing features
11  of the Workers' Compensation Law, this chapter shall be
12  construed to permit injured employees and employers or the
13  employer's carrier to resolve disagreements without undue
14  expense, costly litigation, or delay in the provisions of
15  benefits. It is the duty of all who participate in the
16  workers' compensation system, including, but not limited to,
17  carriers, service providers, health care providers, attorneys,
18  employers, and employees, to attempt to resolve disagreements
19  in good faith and to cooperate with the department's
20  division's efforts to resolve disagreements between the
21  parties. The department division may by rule prescribe
22  definitions that are necessary for the effective
23  administration of this section.
24         (b)  An Employee Assistance and Ombudsman Office is
25  created within the department Division of Workers'
26  Compensation to inform and assist injured workers, employers,
27  carriers, and health care providers in fulfilling their
28  responsibilities under this chapter. The department division
29  may by rule specify forms and procedures for administering
30  requests for assistance provided by this section.
31         (c)  The Employee Assistance and Ombudsman Office,
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Division of Workers' Compensation, shall be a resource
  2  available to all employees who participate in the workers'
  3  compensation system and shall take all steps necessary to
  4  educate and disseminate information to employees and
  5  employers.
  6         (2)
  7         (d)  The Employee Assistance and Ombudsman Office may
  8  assign an ombudsman to assist the employee in resolving the
  9  dispute. If the dispute is not resolved within 30 days after
10  the employee contacts the office, the ombudsman shall, at the
11  employee's request, assist the employee in drafting a petition
12  for benefits and explain the procedures for filing petitions.
13  The department division may by rule determine the method used
14  to calculate the 30-day period. The Employee Assistance and
15  Ombudsman Office may not represent employees before the judges
16  of compensation claims. An employer or carrier may not pay any
17  attorneys' fees on behalf of the employee for services
18  rendered or costs incurred in connection with this section,
19  unless expressly authorized elsewhere in this chapter.
20         Section 30.  Subsection (1) of section 440.192, Florida
21  Statutes, is amended to read:
22         440.192  Procedure for resolving benefit disputes.--
23         (1)  Subject to s. 440.191, any employee who has not
24  received a benefit to which the employee believes she or he is
25  entitled under this chapter shall file by certified mail, or
26  by electronic means approved by the Deputy Chief Judge, with
27  the Office of the Judges of Compensation Claims a petition for
28  benefits which meets the requirements of this section.  The
29  department division shall inform employees of the location of
30  the Office of the Judges of Compensation Claims for purposes
31  of filing a petition for benefits.  The employee shall also
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  serve copies of the petition for benefits by certified mail,
  2  or by electronic means approved by the Deputy Chief Judge,
  3  upon the employer and the employer's carrier. The Deputy Chief
  4  Judge shall refer the petitions to the judges of compensation
  5  claims.
  6         Section 31.  Subsections (1), (3), and (4) of section
  7  440.1925, Florida Statutes, are amended to read:
  8         440.1925  Procedure for resolving maximum medical
  9  improvement or permanent impairment disputes.--
10         (1)  Notwithstanding the limitations on carrier
11  independent medical examinations in s. 440.13, an employee or
12  carrier who wishes to obtain an opinion other than the opinion
13  of the treating physician or an agency a division advisor on
14  the issue of permanent impairment may obtain one independent
15  medical examination, except that the employee or carrier who
16  selects the treating physician is not entitled to obtain an
17  alternate opinion on the issue of permanent impairment, unless
18  the parties otherwise agree. This section and s. 440.13(2) do
19  not permit an employee or a carrier to obtain an additional
20  medical opinion on the issue of permanent impairment by
21  requesting an alternate treating physician pursuant to s.
22  440.13.
23         (3)  Disputes shall be resolved under this section
24  when:
25         (a)  A carrier that is entitled to obtain a
26  determination of an employee's date of maximum medical
27  improvement or permanent impairment has done so;
28         (b)  The independent medical examiner's opinion on the
29  date of the employee's maximum medical improvement and degree
30  or permanent impairment differs from the opinion of the
31  employee's treating physician on either of those issues, or
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  from the opinion of the expert medical advisor appointed by
  2  the agency division on the degree of permanent impairment; or
  3         (c)  The carrier denies any portion of an employee's
  4  claim petition for benefits due to disputed maximum medical
  5  improvement or permanent impairment issues.
  6         (4)  Only opinions of the employee's treating
  7  physician, an agency a division medical advisor, or an
  8  independent medical examiner are admissible in proceedings
  9  before a judge of compensation claims to resolve maximum
10  medical improvement or impairment disputes.
11         Section 32.  Subsections (3), (6), (8), (9), (10),
12  (11), (12), (15), (16), and (17) of section 440.20, Florida
13  Statutes, are amended to read:
14         440.20  Time for payment of compensation; penalties for
15  late payment.--
16         (3)  Upon making payment, or upon suspension or
17  cessation of payment for any reason, the carrier shall
18  immediately notify the department division that it has
19  commenced, suspended, or ceased payment of compensation. The
20  department division may require such notification in any
21  format and manner it deems necessary to obtain accurate and
22  timely reporting.
23         (6)  If any installment of compensation for death or
24  dependency benefits, disability, permanent impairment, or wage
25  loss payable without an award is not paid within 7 days after
26  it becomes due, as provided in subsection (2), subsection (3),
27  or subsection (4), there shall be added to such unpaid
28  installment a punitive penalty of an amount equal to 20
29  percent of the unpaid installment or $5, which shall be paid
30  at the same time as, but in addition to, such installment of
31  compensation, unless notice is filed under subsection (4) or
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  unless such nonpayment results from conditions over which the
  2  employer or carrier had no control. When any installment of
  3  compensation payable without an award has not been paid within
  4  7 days after it became due and the claimant concludes the
  5  prosecution of the claim before a judge of compensation claims
  6  without having specifically claimed additional compensation in
  7  the nature of a penalty under this section, the claimant will
  8  be deemed to have acknowledged that, owing to conditions over
  9  which the employer or carrier had no control, such installment
10  could not be paid within the period prescribed for payment and
11  to have waived the right to claim such penalty. However,
12  during the course of a hearing, the judge of compensation
13  claims shall on her or his own motion raise the question of
14  whether such penalty should be awarded or excused. The
15  department division may assess without a hearing the punitive
16  penalty against either the employer or the insurance carrier,
17  depending upon who was at fault in causing the delay. The
18  insurance policy cannot provide that this sum will be paid by
19  the carrier if the department division or the judge of
20  compensation claims determines that the punitive penalty
21  should be made by the employer rather than the carrier. Any
22  additional installment of compensation paid by the carrier
23  pursuant to this section shall be paid directly to the
24  employee.
25         (8)  In addition to any other penalties provided by
26  this chapter for late payment, if any installment of
27  compensation is not paid when it becomes due, the employer,
28  carrier, or servicing agent shall pay interest thereon at the
29  rate of 12 percent per year from the date the installment
30  becomes due until it is paid, whether such installment is
31  payable without an order or under the terms of an order. The
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  interest payment shall be the greater of the amount of
  2  interest due or $5.
  3         (a)  Within 30 days after final payment of compensation
  4  has been made, the employer, carrier, or servicing agent shall
  5  send to the department division a notice, in accordance with a
  6  format and manner form prescribed by the department division,
  7  stating that such final payment has been made and stating the
  8  total amount of compensation paid, the name of the employee
  9  and of any other person to whom compensation has been paid,
10  the date of the injury or death, and the date to which
11  compensation has been paid.
12         (b)  If the employer, carrier, or servicing agent fails
13  to so notify the department division within such time, the
14  department division shall assess against such employer,
15  carrier, or servicing agent a civil penalty in an amount not
16  over $100.
17         (c)  In order to ensure carrier compliance under this
18  chapter and provisions of the Florida Insurance Code, the
19  department division shall monitor the performance of carriers
20  by conducting market conduct examinations, as provided in s.
21  624.3161, and conducting investigations, as provided in s.
22  624.317. The department division shall impose penalties on
23  establish by rule minimum performance standards for carriers
24  to ensure that a minimum of 90 percent of all compensation
25  benefits are timely paid. The division shall fine a carrier as
26  provided in s. 440.13(11)(b) up to $50 for each late payment
27  of compensation pursuant to s. 624.4211 that is below the
28  minimum 90 percent performance standard. This paragraph does
29  not affect the imposition of any penalties or interest due to
30  the claimant. If a carrier contracts with a servicing agent to
31  fulfill its administrative responsibilities under this
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  chapter, the payment practices of the servicing agent are
  2  deemed the payment practices of the carrier for the purpose of
  3  assessing penalties against the carrier.
  4         (9)  The department division may upon its own
  5  initiative at any time in a case in which payments are being
  6  made without an award investigate same and shall, in any case
  7  in which the right to compensation is controverted, or in
  8  which payments of compensation have been stopped or suspended,
  9  upon receipt of notice from any person entitled to
10  compensation or from the employer that the right to
11  compensation is controverted or that payments of compensation
12  have been stopped or suspended, make such investigations,
13  cause such medical examination to be made, or hold such
14  hearings, and take such further action as it considers will
15  properly protect the rights of all parties.
16         (10)  Whenever the department division deems it
17  advisable, it may require any employer to make a deposit with
18  the Treasurer to secure the prompt and convenient payments of
19  such compensation; and payments therefrom upon any awards
20  shall be made upon order of the department division or judge
21  of compensation claims.
22         (11)(a)  When a claimant is not represented by counsel,
23  upon joint petition of all interested parties, a lump-sum
24  payment in exchange for the employer's or carrier's release
25  from liability for future medical expenses, as well as future
26  payments of compensation expenses and any other benefits
27  provided under this chapter, shall be allowed at any time in
28  any case in which the employer or carrier has filed a written
29  notice of denial within 120 days after the employer receives
30  notice of the injury, and the judge of compensation claims at
31  a hearing to consider the settlement proposal finds a
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  justiciable controversy as to legal or medical compensability
  2  of the claimed injury or the alleged accident.  The employer
  3  or carrier may not pay any attorney's fees on behalf of the
  4  claimant for any settlement under this section unless
  5  expressly authorized elsewhere in this chapter. Upon the joint
  6  petition of all interested parties and after giving due
  7  consideration to the interests of all interested parties, the
  8  judge of compensation claims may enter a compensation order
  9  approving and authorizing the discharge of the liability of
10  the employer for compensation and remedial treatment, care,
11  and attendance, as well as rehabilitation expenses, by the
12  payment of a lump sum. Such a compensation order so entered
13  upon joint petition of all interested parties is not subject
14  to modification or review under s. 440.28. If the settlement
15  proposal together with supporting evidence is not approved by
16  the judge of compensation claims, it shall be considered void.
17  Upon approval of a lump-sum settlement under this subsection,
18  the judge of compensation claims shall send a report to the
19  Chief Judge of the amount of the settlement and a statement of
20  the nature of the controversy. The Chief Judge shall keep a
21  record of all such reports filed by each judge of compensation
22  claims and shall submit to the Legislature a summary of all
23  such reports filed under this subsection annually by September
24  15.
25         (b)  When a claimant is not represented by counsel,
26  upon joint petition of all interested parties, a lump-sum
27  payment in exchange for the employer's or carrier's release
28  from liability for future medical expenses, as well as future
29  payments of compensation and rehabilitation expenses, and any
30  other benefits provided under this chapter, may be allowed at
31  any time in any case after the injured employee has attained
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  maximum medical improvement. An employer or carrier may not
  2  pay any attorney's fees on behalf of the claimant for any
  3  settlement, unless expressly authorized elsewhere in this
  4  chapter. A compensation order so entered upon joint petition
  5  of all interested parties shall not be subject to modification
  6  or review under s. 440.28. However, a judge of compensation
  7  claims is not required to approve any award for lump-sum
  8  payment when it is determined by the judge of compensation
  9  claims that the payment being made is in excess of the value
10  of benefits the claimant would be entitled to under this
11  chapter. The judge of compensation claims shall make or cause
12  to be made such investigations as she or he considers
13  necessary, in each case in which the parties have stipulated
14  that a proposed final settlement of liability of the employer
15  for compensation shall not be subject to modification or
16  review under s. 440.28, to determine whether such final
17  disposition will definitely aid the rehabilitation of the
18  injured worker or otherwise is clearly for the best interests
19  of the person entitled to compensation and, in her or his
20  discretion, may have an investigation made by the Department
21  of Education Rehabilitation Section of the Division of
22  Workers' Compensation. The joint petition and the report of
23  any investigation so made will be deemed a part of the
24  proceeding. An employer shall have the right to appear at any
25  hearing pursuant to this subsection which relates to the
26  discharge of such employer's liability and to present
27  testimony at such hearing. The carrier shall provide
28  reasonable notice to the employer of the time and date of any
29  such hearing and inform the employer of her or his rights to
30  appear and testify. The probability of the death of the
31  injured employee or other person entitled to compensation
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  before the expiration of the period during which such person
  2  is entitled to compensation shall, in the absence of special
  3  circumstances making such course improper, be determined in
  4  accordance with the most recent United States Life Tables
  5  published by the National Office of Vital Statistics of the
  6  United States Department of Health and Human Services. The
  7  probability of the happening of any other contingency
  8  affecting the amount or duration of the compensation, except
  9  the possibility of the remarriage of a surviving spouse, shall
10  be disregarded. As a condition of approving a lump-sum payment
11  to a surviving spouse, the judge of compensation claims, in
12  the judge of compensation claims' discretion, may require
13  security which will ensure that, in the event of the
14  remarriage of such surviving spouse, any unaccrued future
15  payments so paid may be recovered or recouped by the employer
16  or carrier. Such applications shall be considered and
17  determined in accordance with s. 440.25.
18         (c)  Notwithstanding s. 440.21(2), when a claimant is
19  represented by counsel, the claimant may waive all rights to
20  any and all benefits under this chapter by entering into a
21  settlement agreement releasing the employer and the carrier
22  from liability for workers' compensation benefits in exchange
23  for a lump-sum payment to the claimant. The settlement
24  agreement requires approval by the judge of compensation
25  claims only as to the attorney's fees paid to the claimant's
26  attorney by the claimant. The parties need not submit any
27  information or documentation in support of the settlement,
28  except as needed to justify the amount of the attorney's fees.
29  Neither the employer nor the carrier is responsible for any
30  attorney's fees relating to the settlement and release of
31  claims under this section. Payment of the lump-sum settlement
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  amount must be made within 14 days after the date the judge of
  2  compensation claims mails the order approving the attorney's
  3  fees. Any order entered by a judge of compensation claims
  4  approving the attorney's fees as set out in the settlement
  5  under this subsection is not considered to be an award and is
  6  not subject to modification or review. The judge of
  7  compensation claims shall report these settlements to the
  8  Deputy Chief Judge in accordance with the requirements set
  9  forth in paragraphs (a) and (b). Settlements entered into
10  under this subsection are valid and apply to all dates of
11  accident.
12         (d)1.  With respect to any lump-sum settlement under
13  this subsection, a judge of compensation claims must consider
14  at the time of the settlement, whether the settlement
15  allocation provides for the appropriate recovery of child
16  support arrearages.
17         2.  When reviewing any settlement of lump-sum payment
18  pursuant to this subsection, judges of compensation claims
19  shall consider the interests of the worker and the worker's
20  family when approving the settlement, which must consider and
21  provide for appropriate recovery of past due support.
22         (e)  This section applies to all claims that the
23  parties have not previously settled, regardless of the date of
24  accident.
25         (12)(a)  Liability of an employer for future payments
26  of compensation may not be discharged by advance payment
27  unless prior approval of a judge of compensation claims or the
28  department division has been obtained as hereinafter provided.
29  The approval shall not constitute an adjudication of the
30  claimant's percentage of disability.
31         (b)  When the claimant has reached maximum recovery and
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  returned to her or his former or equivalent employment with no
  2  substantial reduction in wages, such approval of a reasonable
  3  advance payment of a part of the compensation payable to the
  4  claimant may be given informally by letter by a judge of
  5  compensation claims or, by the department division director,
  6  or by the administrator of claims of the division.
  7         (c)  In the event the claimant has not returned to the
  8  same or equivalent employment with no substantial reduction in
  9  wages or has suffered a substantial loss of earning capacity
10  or a physical impairment, actual or apparent:
11         1.  An advance payment of compensation not in excess of
12  $2,000 may be approved informally by letter, without hearing,
13  by any judge of compensation claims or the Chief Judge.
14         2.  An advance payment of compensation not in excess of
15  $2,000 may be ordered by any judge of compensation claims
16  after giving the interested parties an opportunity for a
17  hearing thereon pursuant to not less than 10 days' notice by
18  mail, unless such notice is waived, and after giving due
19  consideration to the interests of the person entitled thereto.
20  When the parties have stipulated to an advance payment of
21  compensation not in excess of $2,000, such advance may be
22  approved by an order of a judge of compensation claims, with
23  or without hearing, or informally by letter by any such judge
24  of compensation claims, or by the department division
25  director, if such advance is found to be for the best
26  interests of the person entitled thereto.
27         3.  When the parties have stipulated to an advance
28  payment in excess of $2,000, subject to the approval of the
29  department division, such payment may be approved by a judge
30  of compensation claims by order if the judge finds that such
31  advance payment is for the best interests of the person
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  entitled thereto and is reasonable under the circumstances of
  2  the particular case. The judge of compensation claims shall
  3  make or cause to be made such investigations as she or he
  4  considers necessary concerning the stipulation and, in her or
  5  his discretion, may have an investigation of the matter made
  6  by the Department of Education Rehabilitation Section of the
  7  division. The stipulation and the report of any investigation
  8  shall be deemed a part of the record of the proceedings.
  9         (d)  When an application for an advance payment in
10  excess of $2,000 is opposed by the employer or carrier, it
11  shall be heard by a judge of compensation claims after giving
12  the interested parties not less than 10 days' notice of such
13  hearing by mail, unless such notice is waived. In her or his
14  discretion, the judge of compensation claims may have an
15  investigation of the matter made by the Department of
16  Education Rehabilitation Section of the division, in which
17  event the report and recommendation of that section will be
18  deemed a part of the record of the proceedings. If the judge
19  of compensation claims finds that such advance payment is for
20  the best interests of the person entitled to compensation,
21  will not materially prejudice the rights of the employer and
22  carrier, and is reasonable under the circumstances of the
23  case, she or he may order the same paid. However, in no event
24  may any such advance payment under this paragraph be granted
25  in excess of $7,500 or 26 weeks of benefits in any 48-month
26  period, whichever is greater, from the date of the last
27  advance payment.
28         (15)(a)  The department division shall examine on an
29  ongoing basis claims files in accordance with ss. 624.3161 and
30  624.310(5) and this chapter in order to identify questionable
31  claims-handling techniques, questionable patterns or practices
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  of claims, or a pattern of repeated unreasonably controverted
  2  claims by employers, carriers, as defined in s. 440.02,
  3  self-insurers, health care providers, health care facilities,
  4  training and education providers, or any others providing
  5  services to employees pursuant to this chapter and may certify
  6  its findings to the Department of Insurance. If the department
  7  finds such questionable techniques, patterns, or repeated
  8  unreasonably controverted claims as constitute a general
  9  business practice of a carrier, as defined in s. 440.02 in the
10  judgment of the division shall be certified in its findings by
11  the division to the Department of Insurance or such other
12  appropriate licensing agency. Such certification by the
13  division is exempt from the provisions of chapter 120. Upon
14  receipt of any such certification, the department of Insurance
15  shall take appropriate action so as to bring such general
16  business practices to a halt pursuant to s. 440.38(3)(a) or
17  may impose penalties pursuant to s. 624.4211. The department
18  division may initiate investigations of questionable
19  techniques, patterns, practices, or repeated unreasonably
20  controverted claims. The department division may by rule
21  establish forms and procedures for corrective action plans and
22  for auditing carriers.
23         (b)  As to any examination, investigation, or hearing
24  being conducted under this chapter, the Insurance Commissioner
25  or his or her Secretary of Labor and Employment Security or
26  the secretary's designee:
27         1.  May administer oaths, examine and cross-examine
28  witnesses, receive oral and documentary evidence; and
29         2.  Shall have the power to subpoena witnesses, compel
30  their attendance and testimony, and require by subpoena the
31  production of books, papers, records, files, correspondence,
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  documents, or other evidence which is relevant to the inquiry.
  2         (c)  If any person refuses to comply with any such
  3  subpoena or to testify as to any matter concerning which she
  4  or he may be lawfully interrogated, the Circuit Court of Leon
  5  County or of the county wherein such examination,
  6  investigation, or hearing is being conducted, or of the county
  7  wherein such person resides, may, on the application of the
  8  department, issue an order requiring such person to comply
  9  with the subpoena and to testify.
10         (d)  Subpoenas shall be served, and proof of such
11  service made, in the same manner as if issued by a circuit
12  court. Witness fees, costs, and reasonable travel expenses, if
13  claimed, shall be allowed the same as for testimony in a
14  circuit court.
15         (e)  The department division shall publish annually a
16  report which indicates the promptness of first payment of
17  compensation records of each carrier or self-insurer so as to
18  focus attention on those carriers or self-insurers with poor
19  payment records for the preceding year. A copy of such report
20  shall be certified to The department of Insurance which shall
21  take appropriate steps so as to cause such poor carrier
22  payment practices to halt pursuant to s. 440.38(3)(a). In
23  addition, the department division shall take appropriate
24  action so as to halt such poor payment practices of
25  self-insurers. "Poor payment practice" means a practice of
26  late payment sufficient to constitute a general business
27  practice.
28         (f)  The department division shall promulgate rules
29  providing guidelines to carriers, as defined in s. 440.02,
30  self-insurers, and employers to indicate behavior that may be
31  construed as questionable claims-handling techniques,
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  questionable patterns of claims, repeated unreasonably
  2  controverted claims, or poor payment practices.
  3         (16)  No penalty assessed under this section may be
  4  recouped by any carrier or self-insurer in the rate base, the
  5  premium, or any rate filing. In the case of carriers, The
  6  Department of Insurance shall enforce this subsection; and in
  7  the case of self-insurers, the  division shall enforce this
  8  subsection.
  9         (17)  The department division may by rule establish
10  audit procedures and set standards for the Automated Carrier
11  Performance System.
12         Section 33.  Subsections (1) and (2) of section
13  440.207, Florida Statutes, are amended to read:
14         440.207  Workers' compensation system guide.--
15         (1)  The department Division of Workers' Compensation
16  of the Department of Labor and Employment Security shall
17  educate all persons providing or receiving benefits pursuant
18  to this chapter as to their rights and responsibilities under
19  this chapter.
20         (2)  The department division shall publish an
21  understandable guide to the workers' compensation system which
22  shall contain an explanation of benefits provided; services
23  provided by the Employee Assistance and Ombudsman Office;
24  procedures regarding mediation, the hearing process, and civil
25  and criminal penalties; relevant rules of the department
26  division; and such other information as the department
27  division believes will inform employees, employers, carriers,
28  and those providing services pursuant to this chapter of their
29  rights and responsibilities under this chapter and the rules
30  of the department division. For the purposes of this
31  subsection, a guide is understandable if the text of the guide
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  is written at a level of readability not exceeding the eighth
  2  grade level, as determined by a recognized readability test.
  3         Section 34.  Subsection (1) of section 440.211, Florida
  4  Statutes, is amended to read:
  5         440.211  Authorization of collective bargaining
  6  agreement.--
  7         (1)  Subject to the limitation stated in subsection
  8  (2), a provision that is mutually agreed upon in any
  9  collective bargaining agreement filed with the department
10  division between an individually self-insured employer or
11  other employer upon consent of the employer's carrier and a
12  recognized or certified exclusive bargaining representative
13  establishing any of the following shall be valid and binding:
14         (a)  An alternative dispute resolution system to
15  supplement, modify, or replace the provisions of this chapter
16  which may include, but is not limited to, conciliation,
17  mediation, and arbitration. Arbitration held pursuant to this
18  section shall be binding on the parties.
19         (b)  The use of an agreed-upon list of certified health
20  care providers of medical treatment which may be the exclusive
21  source of all medical treatment under this chapter.
22         (c)  The use of a limited list of physicians to conduct
23  independent medical examinations which the parties may agree
24  shall be the exclusive source of independent medical examiners
25  pursuant to this chapter.
26         (d)  A light-duty, modified-job, or return-to-work
27  program.
28         (e)  A vocational rehabilitation or retraining program.
29         Section 35.  Subsections (1), (2), and (3) of section
30  440.24, Florida Statutes, are amended to read:
31         440.24  Enforcement of compensation orders;
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  penalties.--
  2         (1)  In case of default by the employer or carrier in
  3  the payment of compensation due under any compensation order
  4  of a judge of compensation claims or other failure by the
  5  employer or carrier to comply with such order within 10 days
  6  after the order becomes final, any circuit court of this state
  7  within the jurisdiction of which the employer or carrier
  8  resides or transacts business shall, upon application by the
  9  department division or any beneficiary under such order, have
10  jurisdiction to issue a rule nisi directing such employer or
11  carrier to show cause why a writ of execution, or such other
12  process as may be necessary to enforce the terms of such
13  order, shall not be issued, and, unless such cause is shown,
14  the court shall have jurisdiction to issue a writ of execution
15  or such other process or final order as may be necessary to
16  enforce the terms of such order of the judge of compensation
17  claims.
18         (2)  In any case where the employer is insured and the
19  carrier fails to comply with any compensation order of a judge
20  of compensation claims or court within 10 days after such
21  order becomes final, the division shall notify the department
22  of Insurance of such failure, and the Department of Insurance
23  shall thereupon suspend the license of such carrier to do an
24  insurance business in this state, until such carrier has
25  complied with such order.
26         (3)  In any case where the employer is a self-insurer
27  and fails to comply with any compensation order of a judge of
28  compensation claims or court within 10 days after such order
29  becomes final, the department division may suspend or revoke
30  any authorization previously given to the employer to become a
31  self-insurer, and the department division may sell such of the
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  securities deposited by such self-insurer with the department
  2  division as may be necessary to satisfy such order.
  3         Section 36.  Subsections (5) and (7) of section 440.25,
  4  Florida Statutes, are amended to read:
  5         440.25  Procedures for mediation and hearings.--
  6         (5)(a)  Procedures with respect to appeals from orders
  7  of judges of compensation claims shall be governed by rules
  8  adopted by the Supreme Court. Such an order shall become final
  9  30 days after mailing of copies of such order to the parties,
10  unless appealed pursuant to such rules.
11         (b)  An appellant may be relieved of any necessary
12  filing fee by filing a verified petition of indigency for
13  approval as provided in s. 57.081(1) and may be relieved in
14  whole or in part from the costs for preparation of the record
15  on appeal if, within 15 days after the date notice of the
16  estimated costs for the preparation is served, the appellant
17  files with the judge of compensation claims a copy of the
18  designation of the record on appeal, and a verified petition
19  to be relieved of costs. A verified petition filed prior to
20  the date of service of the notice of the estimated costs shall
21  be deemed not timely filed. The verified petition relating to
22  record costs shall contain a sworn statement that the
23  appellant is insolvent and a complete, detailed, and sworn
24  financial affidavit showing all the appellant's assets,
25  liabilities, and income. Failure to state in the affidavit all
26  assets and income, including marital assets and income, shall
27  be grounds for denying the petition with prejudice. The Office
28  of the Judges of Compensation Claims shall adopt rules as may
29  be required pursuant to this subsection, including forms for
30  use in all petitions brought under this subsection. The
31  appellant's attorney, or the appellant if she or he is not
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  represented by an attorney, shall include as a part of the
  2  verified petition relating to record costs an affidavit or
  3  affirmation that, in her or his opinion, the notice of appeal
  4  was filed in good faith and that there is a probable basis for
  5  the District Court of Appeal, First District, to find
  6  reversible error, and shall state with particularity the
  7  specific legal and factual grounds for the opinion. Failure to
  8  so affirm shall be grounds for denying the petition. A copy of
  9  the verified petition relating to record costs shall be served
10  upon all interested parties. The judge of compensation claims
11  shall promptly conduct a hearing on the verified petition
12  relating to record costs, giving at least 15 days' notice to
13  the appellant, the department division, and all other
14  interested parties, all of whom shall be parties to the
15  proceedings. The judge of compensation claims may enter an
16  order without such hearing if no objection is filed by an
17  interested party within 20 days from the service date of the
18  verified petition relating to record costs. Such proceedings
19  shall be conducted in accordance with the provisions of this
20  section and with the workers' compensation rules of procedure,
21  to the extent applicable. In the event an insolvency petition
22  is granted, the judge of compensation claims shall direct the
23  department division to pay record costs and filing fees from
24  the Workers' Compensation Administrative Trust Fund pending
25  final disposition of the costs of appeal. The department
26  division may transcribe or arrange for the transcription of
27  the record in any proceeding for which it is ordered to pay
28  the cost of the record.
29         (c)  As a condition of filing a notice of appeal to the
30  District Court of Appeal, First District, an employer who has
31  not secured the payment of compensation under this chapter in
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  compliance with s. 440.38 shall file with the notice of appeal
  2  a good and sufficient bond, as provided in s. 59.13,
  3  conditioned to pay the amount of the demand and any interest
  4  and costs payable under the terms of the order if the appeal
  5  is dismissed, or if the District Court of Appeal, First
  6  District, affirms the award in any amount. Upon the failure of
  7  such employer to file such bond with the judge of compensation
  8  claims or the District Court of Appeal, First District, along
  9  with the notice of appeal, the District Court of Appeal, First
10  District, shall dismiss the notice of appeal.
11         (7)  An injured employee claiming or entitled to
12  compensation shall submit to such physical examination by a
13  certified expert medical advisor approved by the department
14  division or the judge of compensation claims as the department
15  division or the judge of compensation claims may require. The
16  place or places shall be reasonably convenient for the
17  employee. Such physician or physicians as the employee,
18  employer, or carrier may select and pay for may participate in
19  an examination if the employee, employer, or carrier so
20  requests. Proceedings shall be suspended and no compensation
21  shall be payable for any period during which the employee may
22  refuse to submit to examination. Any interested party shall
23  have the right in any case of death to require an autopsy, the
24  cost thereof to be borne by the party requesting it; and the
25  judge of compensation claims shall have authority to order and
26  require an autopsy and may, in her or his discretion, withhold
27  her or his findings and award until an autopsy is held.
28         Section 37.  Section 440.271, Florida Statutes, is
29  amended to read:
30         440.271  Appeal of order of judge of compensation
31  claims.--Review of any order of a judge of compensation claims
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  entered pursuant to this chapter shall be by appeal to the
  2  District Court of Appeal, First District.  Appeals shall be
  3  filed in accordance with rules of procedure prescribed by the
  4  Supreme Court for review of such orders. The department
  5  division shall be given notice of any proceedings pertaining
  6  to s. 440.25, regarding indigency, or s. 440.49, regarding the
  7  Special Disability Trust Fund, and shall have the right to
  8  intervene in any proceedings.
  9         Section 38.  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 as
14  the Division of Administrative Hearings Office of the Judges
15  of Compensation Claims requires by rule. The Office of the
16  Judges of Compensation Claims shall annually summarize such
17  data in a report to the Workers' Compensation Oversight Board.
18         Section 39.  Section 440.35, Florida Statutes, is
19  amended to read:
20         440.35  Record of injury or death.--Every employer
21  shall keep a record in respect of any injury to an employee.
22  Such record shall contain such information of disability or
23  death in respect of such injury as the department division may
24  by regulation require, and shall be available to inspection by
25  the department division or by any state authority at such time
26  and under such conditions as the department division may by
27  regulation prescribe.
28         Section 40.  Subsections (1), (2), and (3) of section
29  440.38, Florida Statutes, are amended to read:
30         440.38  Security for compensation; insurance carriers
31  and self-insurers.--
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         (1)  Every employer shall secure the payment of
  2  compensation under this chapter:
  3         (a)  By insuring and keeping insured the payment of
  4  such compensation with any stock company or mutual company or
  5  association or exchange, authorized to do business in the
  6  state;
  7         (b)  By furnishing satisfactory proof to the department
  8  division of its financial ability to pay such compensation
  9  individually and on behalf of its subsidiary and affiliated
10  companies with employees in this state and receiving an
11  authorization from the department division to pay such
12  compensation directly in accordance with the following
13  provisions:
14         1.  The department division may require an employer to
15  deposit with the department division a qualifying security
16  deposit. The department division shall determine the type and
17  amount of the qualifying security deposit and shall prescribe
18  conditions for the qualifying security deposit, which shall
19  include authorization for the department division to call the
20  qualifying security deposit in the case of default. In
21  addition, the department division shall require, as a
22  condition to authorization to self-insure, proof that the
23  employer has provided for competent personnel with whom to
24  deliver benefits and to provide a safe working environment.
25  Further, the department division shall require such employer
26  to carry reinsurance at levels that will ensure the actuarial
27  soundness of such employer in accordance with rules adopted
28  promulgated by the department division.  The department
29  division may by rule require that, in the event of an
30  individual self-insurer's insolvency, such qualifying security
31  deposits and reinsurance policies are payable to the Florida
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Self-Insurers Guaranty Association, Incorporated, created
  2  pursuant to s. 440.385.  Any employer securing compensation in
  3  accordance with the provisions of this paragraph shall be
  4  known as a self-insurer and shall be classed as a carrier of
  5  her or his own insurance.
  6         2.  If the employer fails to maintain the foregoing
  7  requirements, the department division shall revoke the
  8  employer's authority to self-insure, unless the employer
  9  provides to the department division the certified opinion of
10  an independent actuary who is a member of the American Academy
11  Society of Actuaries as to the actuarial present value of the
12  employer's determined and estimated future compensation
13  payments based on cash reserves, using a 4-percent discount
14  rate, and a qualifying security deposit equal to 1.5 times the
15  value so certified. The employer shall thereafter annually
16  provide such a certified opinion until such time as the
17  employer meets the requirements of subparagraph 1.  The
18  qualifying security deposit shall be adjusted at the time of
19  each such annual report.  Upon the failure of the employer to
20  timely provide such opinion or to timely provide a security
21  deposit in an amount equal to 1.5 times the value certified in
22  the latest opinion, the department division shall then revoke
23  such employer's authorization to self-insure, and such failure
24  shall be deemed to constitute an immediate serious danger to
25  the public health, safety, or welfare sufficient to justify
26  the summary suspension of the employer's authorization to
27  self-insure pursuant to s. 120.68.
28         3.  Upon the suspension or revocation of the employer's
29  authorization to self-insure, the employer shall provide to
30  the department division and to the Florida Self-Insurers
31  Guaranty Association, Incorporated, created pursuant to s.
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  440.385 the certified opinion of an independent actuary who is
  2  a member of the American Academy Society of Actuaries of the
  3  actuarial present value of the determined and estimated future
  4  compensation payments of the employer for claims incurred
  5  while the member exercised the privilege of self-insurance,
  6  using a discount rate of 4 percent. The employer shall provide
  7  such an opinion at 6-month intervals thereafter until such
  8  time as the latest opinion shows no remaining value of claims.
  9  With each such opinion, the employer shall deposit with the
10  department division a qualifying security deposit in an amount
11  equal to the value certified by the actuary.  The association
12  has a cause of action against an employer, and against any
13  successor of the employer, who fails to timely provide such
14  opinion or who fails to timely maintain the required security
15  deposit with the department division. The association shall
16  recover a judgment in the amount of the actuarial present
17  value of the determined and estimated future compensation
18  payments of the employer for claims incurred while the
19  employer exercised the privilege of self-insurance, together
20  with attorney's fees.  For purposes of this section, the
21  successor of an employer means any person, business entity, or
22  group of persons or business entities, which holds or acquires
23  legal or beneficial title to the majority of the assets or the
24  majority of the shares of the employer.
25         4.  A qualifying security deposit shall consist, at the
26  option of the employer, of:
27         a.  Surety bonds, in a form and containing such terms
28  as prescribed by the department division, issued by a
29  corporation surety authorized to transact surety business by
30  the Department of Insurance, and whose policyholders' and
31  financial ratings, as reported in A.M. Best's Insurance
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Reports, Property-Liability, are not less than "A" and "V",
  2  respectively.
  3         b.  Irrevocable letters of credit in favor of the
  4  department division issued by financial institutions located
  5  within this state, the deposits of which are insured through
  6  the Federal Deposit Insurance Corporation.
  7         5.  The qualifying security deposit shall be held by
  8  the department division exclusively for the benefit of
  9  workers' compensation claimants. The security shall not be
10  subject to assignment, execution, attachment, or any legal
11  process whatsoever, except as necessary to guarantee the
12  payment of compensation under this chapter.  No surety bond
13  may be terminated, and no letter of credit may be allowed to
14  expire, without 90 days' prior notice to the department
15  division and deposit by the self-insuring employer of some
16  other qualifying security deposit of equal value within 10
17  business days after such notice. Failure to provide such
18  notice or failure to timely provide qualifying replacement
19  security after such notice shall constitute grounds for the
20  department division to call or sue upon the surety bond or to
21  exercise its 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 department
25  division may specify by rule the amount of the qualifying
26  security deposit required prior to authorizing an employer to
27  self-insure and the amount of net worth required for an
28  employer to qualify for authorization to self-insure;
29         (c)  By entering into a contract with a public utility
30  under an approved utility-provided self-insurance program as
31  set forth in s. 624.46225 in effect as of July 1, 1983.  The
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  department division shall adopt rules to implement this
  2  paragraph;
  3         (d)  By entering into an interlocal agreement with
  4  other local governmental entities to create a local government
  5  pool pursuant to s. 624.4622;
  6         (e)  In accordance with s. 440.135, an employer, other
  7  than a local government unit, may elect coverage under the
  8  Workers' Compensation Law and retain the benefit of the
  9  exclusiveness of liability provided in s. 440.11 by obtaining
10  a 24-hour health insurance policy from an authorized property
11  and casualty insurance carrier or an authorized life and
12  health insurance carrier, or by participating in a fully or
13  partially self-insured 24-hour health plan that is established
14  or maintained by or for two or more employers, so long as the
15  law of this state is not preempted by the Employee Retirement
16  Income Security Act of 1974, Pub. L. No. 93-406, or any
17  amendment to that law, which policy or plan must provide, for
18  at least occupational injuries and illnesses, medical benefits
19  that are comparable to those required by this chapter. A local
20  government unit, as a single employer, in accordance with s.
21  440.135, may participate in the 24-hour health insurance
22  coverage plan referenced in this paragraph. Disputes and
23  remedies arising under policies issued under this section are
24  governed by the terms and conditions of the policies and under
25  the applicable provisions of the Florida Insurance Code and
26  rules adopted under the insurance code and other applicable
27  laws of this state. The 24-hour health insurance policy may
28  provide for health care by a health maintenance organization
29  or a preferred provider organization. The premium for such
30  24-hour health insurance policy shall be paid entirely by the
31  employer. The 24-hour health insurance policy may use
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  deductibles and coinsurance provisions that require the
  2  employee to pay a portion of the actual medical care received
  3  by the employee. If an employer obtains a 24-hour health
  4  insurance policy or self-insured plan to secure payment of
  5  compensation as to medical benefits, the employer must also
  6  obtain an insurance policy or policies that provide indemnity
  7  benefits as follows:
  8         1.  If indemnity benefits are provided only for
  9  occupational-related disability, such benefits must be
10  comparable to those required by this chapter.
11         2.  If indemnity benefits are provided for both
12  occupational-related and nonoccupational-related disability,
13  such benefits must be comparable to those required by this
14  chapter, except that they must be based on 60 percent of the
15  average weekly wages.
16         3.  The employer shall provide for each of its
17  employees life insurance with a death benefit of $100,000.
18         4.  Policies providing coverage under this subsection
19  must use prescribed and acceptable underwriting standards,
20  forms, and policies approved by the Department of Insurance.
21  If any insurance policy that provides coverage under this
22  section is canceled, terminated, or nonrenewed for any reason,
23  the cancellation, termination, or nonrenewal is ineffective
24  until the self-insured employer or insurance carrier or
25  carriers notify the division and the Department of Insurance
26  of the cancellation, termination, or nonrenewal, and until the
27  department division has actually received the notification.
28  The division must be notified of replacement coverage under a
29  workers' compensation and employer's liability insurance
30  policy or plan by the employer prior to the effective date of
31  the cancellation, termination, or nonrenewal; or
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         (f)  By entering into a contract with an individual
  2  self-insurer under an approved individual
  3  self-insurer-provided self-insurance program as set forth in
  4  s. 624.46225.  The department division may adopt rules to
  5  administer this subsection.
  6         (2)(a)  The department division shall adopt rules by
  7  which businesses may become qualified to provide underwriting
  8  claims-adjusting, loss control, and safety engineering
  9  services to self-insurers.
10         (b)  The department division shall adopt rules
11  requiring self-insurers to file any reports necessary to
12  fulfill the requirements of this chapter.  Any self-insurer
13  who fails to file any report as prescribed by the rules
14  adopted by the department division shall be subject to a civil
15  penalty not to exceed $100 for each such failure.
16         (3)(a)  The license of any stock company or mutual
17  company or association or exchange authorized to do insurance
18  business in the state shall for good cause, upon
19  recommendation of the division, be suspended or revoked by the
20  Department of Insurance.  No suspension or revocation shall
21  affect the liability of any carrier already incurred.
22         (b)  The department division shall suspend or revoke
23  any authorization to a self-insurer for good cause, as defined
24  by rule of the department division. No suspension or
25  revocation shall affect the liability of any self-insurer
26  already incurred.
27         (c)  Violation of s. 440.381 by a self-insurance fund
28  shall result in the imposition of a fine not to exceed $1,000
29  per audit if the self-insurance fund fails to act on said
30  audits by correcting errors in employee classification or
31  accepted applications for coverage where it knew employee
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  classifications were incorrect.  Such fines shall be levied by
  2  the department division and deposited into the Workers'
  3  Compensation Administration Trust Fund.
  4         Section 41.  Subsections (3) and (7) of section
  5  440.381, Florida Statutes, are amended to read:
  6         440.381  Application for coverage; reporting payroll;
  7  payroll audit procedures; penalties.--
  8         (3)  The department of Insurance and the Department of
  9  Labor and Employment Security shall establish by rule minimum
10  requirements for audits of payroll and classifications in
11  order to ensure that the appropriate premium is charged for
12  workers' compensation coverage. The rules shall ensure that
13  audits performed by both carriers and employers are adequate
14  to provide that all sources of payments to employees,
15  subcontractors, and independent contractors have been reviewed
16  and that the accuracy of classification of employees has been
17  verified. The rules shall provide that employers in all
18  classes other than the construction class be audited not less
19  frequently than biennially and may provide for more frequent
20  audits of employers in specified classifications based on
21  factors such as amount of premium, type of business, loss
22  ratios, or other relevant factors. In no event shall employers
23  in the construction class, generating more than the amount of
24  premium required to be experience rated, be audited less than
25  annually. The annual audits required for construction classes
26  shall consist of physical onsite audits. Payroll verification
27  audit rules must include, but need not be limited to, the use
28  of state and federal reports of employee income, payroll and
29  other accounting records, certificates of insurance maintained
30  by subcontractors, and duties of employees.
31         (7)  If an employee suffering a compensable injury was
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  not reported as earning wages on the last quarterly earnings
  2  report filed with the Division of Unemployment Compensation
  3  before the accident, the employer shall indemnify the carrier
  4  for all workers' compensation benefits paid to or on behalf of
  5  the employee unless the employer establishes that the employee
  6  was hired after the filing of the quarterly report, in which
  7  case the employer and employee shall attest to the fact that
  8  the employee was employed by the employer at the time of the
  9  injury. It shall be the responsibility of the Division of
10  Workers' Compensation to collect all necessary data so as to
11  enable it to notify the carrier of the name of an injured
12  worker who was not reported as earning wages on the last
13  quarterly earnings report. The division is hereby authorized
14  to release such records to the carrier which will enable the
15  carrier to seek reimbursement as provided under this
16  subsection. Failure of the employer to indemnify the insurer
17  within 21 days after demand by the insurer shall constitute
18  grounds for the insurer to immediately cancel coverage.  Any
19  action for indemnification brought by the carrier shall be
20  cognizable in the circuit court having jurisdiction where the
21  employer or carrier resides or transacts business.  The
22  insurer shall be entitled to a reasonable attorney's fee if it
23  recovers any portion of the benefits paid in such action.
24         Section 42.  Subsections (1), (2), (3), (4), (5), (6),
25  (8), (9), and (10) of section 440.385, Florida Statutes, are
26  amended to read:
27         440.385  Florida Self-Insurers Guaranty Association,
28  Incorporated.--
29         (1)  CREATION OF ASSOCIATION.--
30         (a)  There is created a nonprofit corporation to be
31  known as the "Florida Self-Insurers Guaranty Association,
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Incorporated," hereinafter referred to as "the association."
  2  Upon incorporation of the association, all individual
  3  self-insurers as defined in ss. 440.02(23)(a) and
  4  440.38(1)(b), other than individual self-insurers which are
  5  public utilities or governmental entities, shall be members of
  6  the association as a condition of their authority to
  7  individually self-insure in this state.  The association shall
  8  perform its functions under a plan of operation as established
  9  and approved under subsection (5) and shall exercise its
10  powers and duties through a board of directors as established
11  under subsection (2). The corporation shall have those powers
12  granted or permitted corporations not for profit, as provided
13  in chapter 617.
14         (b)  A member may voluntarily withdraw from the
15  association when the member voluntarily terminates the
16  self-insurance privilege and pays all assessments due to the
17  date of such termination.  However, the withdrawing member
18  shall continue to be bound by the provisions of this section
19  relating to the period of his or her membership and any claims
20  charged pursuant thereto.  The withdrawing member who is a
21  member on or after January 1, 1991, shall also be required to
22  provide to the department division upon withdrawal, and at
23  12-month intervals thereafter, satisfactory proof that it
24  continues to meet the standards of s. 440.38(1)(b)1. in
25  relation to claims incurred while the withdrawing member
26  exercised the privilege of self-insurance. Such reporting
27  shall continue until the withdrawing member satisfies the
28  department division that there is no remaining value to claims
29  incurred while the withdrawing member was self-insured.  If
30  during this reporting period the withdrawing member fails to
31  meet the standards of s. 440.38(1)(b)1., the withdrawing
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  member who is a member on or after January 1, 1991, shall
  2  thereupon, and at 6-month intervals thereafter, provide to the
  3  department division and the association the certified opinion
  4  of an independent actuary who is a member of the American
  5  Academy Society of Actuaries of the actuarial present value of
  6  the determined and estimated future compensation payments of
  7  the member for claims incurred while the member was a
  8  self-insurer, using a discount rate of 4 percent.  With each
  9  such opinion, the withdrawing member shall deposit with the
10  department division security in an amount equal to the value
11  certified by the actuary and of a type that is acceptable for
12  qualifying security deposits under s. 440.38(1)(b).  The
13  withdrawing member shall continue to provide such opinions and
14  to provide such security until such time as the latest opinion
15  shows no remaining value of claims.  The association has a
16  cause of action against a withdrawing member, and against any
17  successor of a withdrawing member, who fails to timely provide
18  the required opinion or who fails to maintain the required
19  deposit with the department division.  The association shall
20  be entitled to recover a judgment in the amount of the
21  actuarial present value of the determined and estimated future
22  compensation payments of the withdrawing member for claims
23  incurred during the time that the withdrawing member exercised
24  the privilege of self-insurance, together with reasonable
25  attorney's fees.  For purposes of this section, the successor
26  of a withdrawing member means any person, business entity, or
27  group of persons or business entities, which holds or acquires
28  legal or beneficial title to the majority of the assets or the
29  majority of the shares of the withdrawing member.
30         (2)  BOARD OF DIRECTORS.--The board of directors of the
31  association shall consist of nine persons and shall be
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  organized as established in the plan of operation.  With
  2  respect to initial appointments, the Secretary of Labor and
  3  Employment Security shall, by July 15, 1982, approve and
  4  appoint to the board persons who are experienced with
  5  self-insurance in this state and who are recommended by the
  6  individual self-insurers in this state required to become
  7  members of the association pursuant to the provisions of
  8  paragraph (1)(a). In the event the secretary finds that any
  9  person so recommended does not have the necessary
10  qualifications for service on the board and a majority of the
11  board has been appointed, the secretary shall request the
12  directors thus far approved and appointed to recommend another
13  person for appointment to the board.  Each director shall
14  serve for a 4-year term and may be reappointed.  Appointments
15  after June 30, 2002, other than initial appointments shall be
16  made by the Insurance Commissioner Secretary of Labor and
17  Employment Security upon recommendation of members of the
18  association.  Any vacancy on the board shall be filled for the
19  remaining period of the term in the same manner as
20  appointments other than initial appointments are made. Each
21  director shall be reimbursed for expenses incurred in carrying
22  out the duties of the board on behalf of the association.
23         (3)  POWERS AND DUTIES.--
24         (a)  Upon creation of the Insolvency Fund pursuant to
25  the provisions of subsection (4), the association is obligated
26  for payment of compensation under this chapter to insolvent
27  members' employees resulting from incidents and injuries
28  existing prior to the member becoming an insolvent member and
29  from incidents and injuries occurring within 30 days after the
30  member has become an insolvent member, provided the incidents
31  giving rise to claims for compensation under this chapter
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  occur during the year in which such insolvent member is a
  2  member of the guaranty fund and was assessable pursuant to the
  3  plan of operation, and provided the employee makes timely
  4  claim for such payments according to procedures set forth by a
  5  court of competent jurisdiction over the delinquency or
  6  bankruptcy proceedings of the insolvent member. Such
  7  obligation includes only that amount due the injured worker or
  8  workers of the insolvent member under this chapter.  In no
  9  event is the association obligated to a claimant in an amount
10  in excess of the obligation of the insolvent member.  The
11  association shall be deemed the insolvent employer for
12  purposes of this chapter to the extent of its obligation on
13  the covered claims and, to such extent, shall have all rights,
14  duties, and obligations of the insolvent employer as if the
15  employer had not become insolvent. However, in no event shall
16  the association be liable for any penalties or interest.
17         (b)  The association may:
18         1.  Employ or retain such persons as are necessary to
19  handle claims and perform other duties of the association.
20         2.  Borrow funds necessary to effect the purposes of
21  this section in accord with the plan of operation.
22         3.  Sue or be sued.
23         4.  Negotiate and become a party to such contracts as
24  are necessary to carry out the purposes of this section.
25         5.  Purchase such reinsurance as is determined
26  necessary pursuant to the plan of operation.
27         6.  Review all applicants for membership in the
28  association.  Prior to a final determination by the department
29  Division of Workers' Compensation as to whether or not to
30  approve any applicant for membership in the association, the
31  association may issue opinions to the department division
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  concerning any applicant, which opinions shall be considered
  2  by the department division prior to any final determination.
  3         7.  Charge fees to any member of the association to
  4  cover the actual costs of examining the financial and safety
  5  conditions of that member.
  6         8.  Charge an applicant for membership in the
  7  association a fee sufficient to cover the actual costs of
  8  examining the financial condition of the applicant.
  9         (c)1.  To the extent necessary to secure funds for the
10  payment of covered claims and also to pay the reasonable costs
11  to administer them, the department of Labor and Employment
12  Security, upon certification of the board of directors, shall
13  levy assessments based on the annual normal premium each
14  employer would have paid had the employer not been
15  self-insured.  Every assessment shall be made as a uniform
16  percentage of the figure applicable to all individual
17  self-insurers, provided that the assessment levied against any
18  self-insurer in any one year shall not exceed 1 percent of the
19  annual normal premium during the calendar year preceding the
20  date of the assessment. Assessments shall be remitted to and
21  administered by the board of directors in the manner specified
22  by the approved plan.  Each employer so assessed shall have at
23  least 30 days' written notice as to the date the assessment is
24  due and payable.  The association shall levy assessments
25  against any newly admitted member of the association so that
26  the basis of contribution of any newly admitted member is the
27  same as previously admitted members, provision for which shall
28  be contained in the plan of operation.
29         2.  If, in any one year, funds available from such
30  assessments, together with funds previously raised, are not
31  sufficient to make all the payments or reimbursements then
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    Amendment No. ___ (for drafter's use only)
  1  owing, the funds available shall be prorated, and the unpaid
  2  portion shall be paid as soon thereafter as sufficient
  3  additional funds become available.
  4         3.  No state funds of any kind shall be allocated or
  5  paid to the association or any of its accounts except those
  6  state funds accruing to the association by and through the
  7  assignment of rights of an insolvent employer.
  8         (4)  INSOLVENCY FUND.--Upon the adoption of a plan of
  9  operation or the adoption of rules by the department of Labor
10  and Employment Security pursuant to subsection (5), there
11  shall be created an Insolvency Fund to be managed by the
12  association.
13         (a)  The Insolvency Fund is created for purposes of
14  meeting the obligations of insolvent members incurred while
15  members of the association and after the exhaustion of any
16  bond, as required under this chapter.  However, if such bond,
17  surety, or reinsurance policy is payable to the Florida
18  Self-Insurers Guaranty Association, the association shall
19  commence to provide benefits out of the Insolvency Fund and be
20  reimbursed from the bond, surety, or reinsurance policy.  The
21  method of operation of the Insolvency Fund shall be defined in
22  the plan of operation as provided in subsection (5).
23         (b)  The department shall have the authority to audit
24  the financial soundness of the Insolvency Fund annually.
25         (c)  The department may offer certain amendments to the
26  plan of operation to the board of directors of the association
27  for purposes of assuring the ongoing financial soundness of
28  the Insolvency Fund and its ability to meet the obligations of
29  this section.
30         (d)  The department actuary may make certain
31  recommendations to improve the orderly payment of claims.
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         (5)  PLAN OF OPERATION.--The association shall operate
  2  pursuant to a plan of operation approved by the board of
  3  directors. The plan of operation in effect on June 30, 2002,
  4  and approved by the Department of Labor and Employment
  5  Security shall remain in effect until it is subsequently
  6  revised by amendments approved by the Department of Insurance.
  7  By September 15, 1982, the board of directors shall submit to
  8  the Department of Labor and Employment Security a proposed
  9  plan of operation for the administration of the association
10  and the Insolvency Fund.
11         (a)  The purpose of the plan of operation shall be to
12  provide the association and the board of directors with the
13  authority and responsibility to establish the necessary
14  programs and to take the necessary actions to protect against
15  the insolvency of a member of the association.  In addition,
16  the plan shall provide that the members of the association
17  shall be responsible for maintaining an adequate Insolvency
18  Fund to meet the obligations of insolvent members provided for
19  under this act and shall authorize the board of directors to
20  contract and employ those persons with the necessary expertise
21  to carry out this stated purpose.
22         (b)  The plan of operation, and any amendments thereto,
23  shall take effect upon approval in writing by the department.
24  If the board of directors fails to submit a plan by September
25  15, 1982, or fails to make required amendments to the plan
26  within 30 days thereafter, the department shall promulgate
27  such rules as are necessary to effectuate the provisions of
28  this subsection.  Such rules shall continue in force until
29  modified by the department or superseded by a plan submitted
30  by the board of directors and approved by the department.
31         (b)(c)  All member employers shall comply with the plan
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    Amendment No. ___ (for drafter's use only)
  1  of operation.
  2         (c)(d)  The plan of operation shall:
  3         1.  Establish the procedures whereby all the powers and
  4  duties of the association under subsection (3) will be
  5  performed.
  6         2.  Establish procedures for handling assets of the
  7  association.
  8         3.  Establish the amount and method of reimbursing
  9  members of the board of directors under subsection (2).
10         4.  Establish procedures by which claims may be filed
11  with the association and establish acceptable forms of proof
12  of covered claims.  Notice of claims to the receiver or
13  liquidator of the insolvent employer shall be deemed notice to
14  the association or its agent, and a list of such claims shall
15  be submitted periodically to the association or similar
16  organization in another state by the receiver or liquidator.
17         5.  Establish regular places and times for meetings of
18  the board of directors.
19         6.  Establish procedures for records to be kept of all
20  financial transactions of the association and its agents and
21  the board of directors.
22         7.  Provide that any member employer aggrieved by any
23  final action or decision of the association may appeal to the
24  department within 30 days after the action or decision.
25         8.  Establish the procedures whereby recommendations of
26  candidates for the board of directors shall be submitted to
27  the department.
28         9.  Contain additional provisions necessary or proper
29  for the execution of the powers and duties of the association.
30         (d)(e)  The plan of operation may provide that any or
31  all of the powers and duties of the association, except those
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  specified under subparagraphs (d)1. and 2., be delegated to a
  2  corporation, association, or other organization which performs
  3  or will perform functions similar to those of this association
  4  or its equivalent in two or more states.  Such a corporation,
  5  association, or organization shall be reimbursed as a
  6  servicing facility would be reimbursed and shall be paid for
  7  its performance of any other functions of the association.  A
  8  delegation of powers or duties under this subsection shall
  9  take effect only with the approval of both the board of
10  directors and the department and may be made only to a
11  corporation, association, or organization which extends
12  protection which is not substantially less favorable and
13  effective than the protection provided by this section.
14         (6)  POWERS AND DUTIES OF DEPARTMENT OF INSURANCE LABOR
15  AND EMPLOYMENT SECURITY.--
16         (a)  The department shall:
17         1.  Notify the association of the existence of an
18  insolvent employer not later than 3 days after it receives
19  notice of the determination of insolvency.
20         2.  Upon request of the board of directors, provide the
21  association with a statement of the annual normal premiums of
22  each member employer.
23         (b)  The department may:
24         1.  Require that the association notify the member
25  employers and any other interested parties of the
26  determination of insolvency and of their rights under this
27  section.  Such notification shall be by mail at the last known
28  address thereof when available; but, if sufficient information
29  for notification by mail is not available, notice by
30  publication in a newspaper of general circulation shall be
31  sufficient.
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         2.  Suspend or revoke the authority of any member
  2  employer failing to pay an assessment when due or failing to
  3  comply with the plan of operation to self-insure in this
  4  state. As an alternative, the department may levy a fine on
  5  any member employer failing to pay an assessment when due.
  6  Such fine shall not exceed 5 percent of the unpaid assessment
  7  per month, except that no fine shall be less than $100 per
  8  month.
  9         3.  Revoke the designation of any servicing facility if
10  the department finds that claims are being handled
11  unsatisfactorily.
12         (8)  PREVENTION OF INSOLVENCIES.--To aid in the
13  detection and prevention of employer insolvencies:
14         (a)  Upon determination by majority vote that any
15  member employer may be insolvent or in a financial condition
16  hazardous to the employees thereof or to the public, it shall
17  be the duty of the board of directors to notify the department
18  of Labor and Employment Security of any information indicating
19  such condition.
20         (b)  The board of directors may, upon majority vote,
21  request that the department determine the condition of any
22  member employer which the board in good faith believes may no
23  longer be qualified to be a member of the association.  Within
24  30 days of the receipt of such request or, for good cause
25  shown, within a reasonable time thereafter, the department
26  shall make such determination and shall forthwith advise the
27  board of its findings. Each request for a determination shall
28  be kept on file by the department, but the request shall not
29  be open to public inspection prior to the release of the
30  determination to the public.
31         (c)  It shall also be the duty of the department to
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  report to the board of directors when it has reasonable cause
  2  to believe that a member employer may be in such a financial
  3  condition as to be no longer qualified to be a member of the
  4  association.
  5         (d)  The board of directors may, upon majority vote,
  6  make reports and recommendations to the department upon any
  7  matter which is germane to the solvency, liquidation,
  8  rehabilitation, or conservation of any member employer. Such
  9  reports and recommendations shall not be considered public
10  documents.
11         (e)  The board of directors may, upon majority vote,
12  make recommendations to the department for the detection and
13  prevention of employer insolvencies.
14         (f)  The board of directors shall, at the conclusion of
15  any member's insolvency in which the association was obligated
16  to pay covered claims, prepare a report on the history and
17  cause of such insolvency, based on the information available
18  to the association, and shall submit such report to the
19  department.
20         (9)  EXAMINATION OF THE ASSOCIATION.--The association
21  shall be subject to examination and regulation by the
22  department of Labor and Employment Security.  No later than
23  March 30 of each year, the board of directors shall submit a
24  financial report for the preceding calendar year in a form
25  approved by the department.
26         (10)  IMMUNITY.--There shall be no liability on the
27  part of, and no cause of action of any nature shall arise
28  against, any member employer, the association or its agents or
29  employees, the board of directors, or the department of Labor
30  and Employment Security or its representatives for any action
31  taken by them in the performance of their powers and duties
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  under this section.
  2         Section 43.  Section 440.40, Florida Statutes, is
  3  amended to read:
  4         440.40  Compensation notice.--Every employer who has
  5  secured compensation under the provisions of this chapter
  6  shall keep posted in a conspicuous place or places in and
  7  about her or his place or places of business typewritten or
  8  printed notices, in accordance with a form prescribed by the
  9  department division, stating that such employer has secured
10  the payment of compensation in accordance with the provisions
11  of this chapter. Such notices shall contain the name and
12  address of the carrier, if any, with whom the employer has
13  secured payment of compensation and the date of the expiration
14  of the policy. The department division may by rule prescribe
15  the form of the notices and require carriers to provide the
16  notices to policyholders.
17         Section 44.  Section 440.41, Florida Statutes, is
18  amended to read:
19         440.41  Substitution of carrier for employer.--In any
20  case where the employer is not a self-insurer, in order that
21  the liability for compensation imposed by this chapter may be
22  most effectively discharged by the employer, and in order that
23  the administration of this chapter in respect of such
24  liability may be facilitated, the department division shall by
25  regulation provide for the discharge, by the carrier for such
26  employer, of such obligations and duties of the employer in
27  respect of such liability, imposed by this chapter upon the
28  employer, as it considers proper in order to effectuate the
29  provisions of this chapter.  For such purposes:
30         (1)  Notice to or knowledge of an employer of the
31  occurrence of the injury shall be notice to or knowledge of
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  the carrier.
  2         (2)  Jurisdiction of the employer by the judges of
  3  compensation claims, the department division, or any court
  4  under this chapter shall be jurisdiction of the carrier.
  5         (3)  Any requirement by the judges of compensation
  6  claims, the department division, or any court under any
  7  compensation order, finding, or decision shall be binding upon
  8  the carrier in the same manner and to the same extent as upon
  9  the employer.
10         Section 45.  Subsection (3) of section 440.42, Florida
11  Statutes, is amended to read:
12         440.42  Insurance policies; liability.--
13         (3)  No contract or policy of insurance issued by a
14  carrier under this chapter shall expire or be canceled until
15  at least 30 days have elapsed after a notice of cancellation
16  has been sent to the department division and to the employer
17  in accordance with the provisions of s. 440.185(7).  However,
18  when duplicate or dual coverage exists by reason of two
19  different carriers having issued policies of insurance to the
20  same employer securing the same liability, it shall be
21  presumed that only that policy with the later effective date
22  shall be in force and that the earlier policy terminated upon
23  the effective date of the latter.  In the event that both
24  policies carry the same effective date, one of the policies
25  may be canceled instanter upon filing a notice of cancellation
26  with the department division and serving a copy thereof upon
27  the employer in such manner as the department division
28  prescribes by rule. The department division may by rule
29  prescribe the content of the notice of retroactive
30  cancellation and specify the time, place, and manner in which
31  the notice of cancellation is to be served.
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         Section 46.  Section 440.44, Florida Statutes, is
  2  amended to read:
  3         440.44  Workers' compensation; staff organization.--
  4         (1)  INTERPRETATION OF LAW.--As a guide to the
  5  interpretation of this chapter, the Legislature takes due
  6  notice of federal social and labor acts and hereby creates an
  7  agency to administer such acts passed for the benefit of
  8  employees and employers in Florida industry, and desires to
  9  meet the requirements of such federal acts wherever not
10  inconsistent with the Constitution and laws of Florida.
11         (2)  INTENT.--It is the intent of the Legislature that
12  the department, the agency, the Department of Education, and
13  the Division of Administrative Hearings assume an active and
14  forceful role in its administration of this act, so as to
15  ensure that the system operates efficiently and with maximum
16  benefit to both employers and employees.
17         (3)  EXPENDITURES.--The department, the agency, the
18  Department of Education, division and the director of the
19  Division of Administrative Hearings shall make such
20  expenditures, including expenditures for personal services and
21  rent at the seat of government and elsewhere, for law books;
22  for telephone services and WATS lines; for books of reference,
23  periodicals, equipment, and supplies; and for printing and
24  binding as may be necessary in the administration of this
25  chapter.  All expenditures in the administration of this
26  chapter shall be allowed and paid as provided in s. 440.50
27  upon the presentation of itemized vouchers therefor approved
28  by the department, the agency, the Department of Education,
29  division or the director of the Division of Administrative
30  Hearings.
31         (4)  MERIT SYSTEM PRINCIPLE OF PERSONNEL
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  ADMINISTRATION.--Subject to the other provisions of this
  2  chapter, the division is authorized to appoint, and prescribe
  3  the duties and powers of, bureau chiefs, attorneys,
  4  accountants, medical advisers, technical assistants,
  5  inspectors, claims examiners, and such other employees as may
  6  be necessary in the performance of their its duties under this
  7  chapter.
  8         (5)  OFFICE.--The department, the agency, the
  9  Department of Education, division and the Deputy Chief Judge
10  shall maintain and keep open during reasonable business hours
11  an office, which shall be provided in the Capitol or some
12  other suitable building in the City of Tallahassee, for the
13  transaction of business under this chapter, at which office
14  the official records and papers shall be kept.  The office
15  shall be furnished and equipped.  The department, the agency
16  division, any judge of compensation claims, or the Deputy
17  Chief Judge may hold sessions and conduct hearings at any
18  place within the state. The Office of the Judges of
19  Compensation Claims shall maintain the 17 district offices, 31
20  judges of compensation claims, and 31 mediators as they exist
21  on June 30, 2001.
22         (6)  SEAL.--The department division and the judges of
23  compensation claims shall have a seal upon which shall be
24  inscribed the words "State of Florida Department of
25  Insurance--Seal" and "Division of Administrative
26  Hearings--Seal," respectively.
27         (7)  DESTRUCTION OF OBSOLETE RECORDS.--The department
28  division is expressly authorized to provide by regulation for
29  and to destroy obsolete records of the department division.
30  The Division of Administrative Hearings is expressly
31  authorized to provide by regulation for and to destroy
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  obsolete records of the Office of the Judges of Compensation
  2  Claims.
  3         (8)  PROCEDURE.--In the exercise of its duties and
  4  functions requiring administrative hearings, the department
  5  and the agency division shall proceed in accordance with the
  6  Administrative Procedure Act.  The authority of the department
  7  and the agency division to issue orders resulting from
  8  administrative hearings as provided for in this chapter shall
  9  not infringe upon the jurisdiction of the judges of
10  compensation claims.
11         Section 47.  Subsection (1) of section 440.45, Florida
12  Statutes, is amended to read:
13         440.45  Office of the Judges of Compensation Claims.--
14         (1)(a)  There is created the Office of the Judges of
15  Compensation Claims within the Department of Management
16  Services. The Office of the Judges of Compensation Claims
17  shall be headed by the Deputy Chief Judge of Compensation
18  Claims. The Deputy Chief Judge shall report to the director of
19  the Division of Administrative Hearings. The Deputy Chief
20  Judge shall be appointed by the Governor for a term of 4 years
21  from a list of three names submitted by the statewide
22  nominating commission created under subsection (2). The Deputy
23  Chief Judge must demonstrate prior administrative experience
24  and possess the same qualifications for appointment as a judge
25  of compensation claims, and the procedure for reappointment of
26  the Deputy Chief Judge will be the same as for reappointment
27  of a judge of compensation claims. The office shall be a
28  separate budget entity and the director of the Division of
29  Administrative Hearings shall be its agency head for all
30  purposes, including, but not limited to, rulemaking and
31  establishing agency policies and procedures.  The Department
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  of Management Services shall provide administrative support
  2  and service to the office to the extent requested by the
  3  director of the Division of Administrative Hearings but shall
  4  not direct, supervise, or control the Office of the Judges of
  5  Compensation Claims in any manner, including, but not limited
  6  to, personnel, purchasing, budgetary matters, or property
  7  transactions. The operating budget of the Office of the Judges
  8  of Compensation Claims shall be paid out of the Workers'
  9  Compensation Administration Trust Fund established in s.
10  440.50.
11         (b)  The current term of the Chief Judge of
12  Compensation Claims shall expire October 1, 2001. Effective
13  October 1, 2001, the position of Deputy Chief Judge of
14  Compensation Claims is created.
15         Section 48.  Subsections (1), (2), (7), (8), (9), (10),
16  and (11) of section 440.49, Florida Statutes, are amended to
17  read:
18         440.49  Limitation of liability for subsequent injury
19  through Special Disability Trust Fund.--
20         (1)  LEGISLATIVE INTENT.--Whereas it is often difficult
21  for workers with disabilities to achieve employment or to
22  become reemployed following an injury, and it is the desire of
23  the Legislature to facilitate the return of these workers to
24  the workplace, it is the purpose of this section to encourage
25  the employment, reemployment, and accommodation of the
26  physically disabled by reducing an employer's insurance
27  premium for reemploying an injured worker, to decrease
28  litigation between carriers on apportionment issues, and to
29  protect employers from excess liability for compensation and
30  medical expense when an injury to a physically disabled worker
31  merges with, aggravates, or accelerates her or his preexisting
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  permanent physical impairment to cause either a greater
  2  disability or permanent impairment, or an increase in
  3  expenditures for temporary compensation or medical benefits
  4  than would have resulted from the injury alone. The department
  5  division or the administrator shall inform all employers of
  6  the existence and function of the fund and shall interpret
  7  eligibility requirements liberally. However, this subsection
  8  shall not be construed to create or provide any benefits for
  9  injured employees or their dependents not otherwise provided
10  by this chapter. The entitlement of an injured employee or her
11  or his dependents to compensation under this chapter shall be
12  determined without regard to this subsection, the provisions
13  of which shall be considered only in determining whether an
14  employer or carrier who has paid compensation under this
15  chapter is entitled to reimbursement from the Special
16  Disability Trust Fund.
17         (2)  DEFINITIONS.--As used in this section, the term:
18         (a)  "Permanent physical impairment" means and is
19  limited to the conditions listed in paragraph (6)(a).
20         (b)  "Preferred worker" means a worker who, because of
21  a permanent impairment resulting from a compensable injury or
22  occupational disease, is unable to return to the worker's
23  regular employment.
24         (c)  "Merger" describes or means that:
25         1.  If the permanent physical impairment had not
26  existed, the subsequent accident or occupational disease would
27  not have occurred;
28         2.  The permanent disability or permanent impairment
29  resulting from the subsequent accident or occupational disease
30  is materially and substantially greater than that which would
31  have resulted had the permanent physical impairment not
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  existed, and the employer has been required to pay, and has
  2  paid, permanent total disability or permanent impairment
  3  benefits for that materially and substantially greater
  4  disability;
  5         3.  The preexisting permanent physical impairment is
  6  aggravated or accelerated as a result of the subsequent injury
  7  or occupational disease, or the preexisting impairment has
  8  contributed, medically and circumstantially, to the need for
  9  temporary compensation, medical, or attendant care and the
10  employer has been required to pay, and has paid, temporary
11  compensation, medical, or attendant care benefits for the
12  aggravated preexisting permanent impairment; or
13         4.  Death would not have been accelerated if the
14  permanent physical impairment had not existed.
15         (d)  "Excess permanent compensation" means that
16  compensation for permanent impairment, or permanent total
17  disability or death benefits, for which the employer or
18  carrier is otherwise entitled to reimbursement from the
19  Special Disability Trust Fund.
20         (e)  "Administrator" means the entity selected by the
21  department division to review, allow, deny, compromise,
22  controvert, and litigate claims of the Special Disability
23  Trust Fund.
24
25  In addition to the definitions contained in this subsection,
26  the department division may by rule prescribe definitions that
27  are necessary for the effective administration of this
28  section.
29         (7)  REIMBURSEMENT OF EMPLOYER.--
30         (a)  The right to reimbursement as provided in this
31  section is barred unless written notice of claim of the right
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  to such reimbursement is filed by the employer or carrier
  2  entitled to such reimbursement with the department division or
  3  administrator at Tallahassee within 2 years after the date the
  4  employee last reached maximum medical improvement, or within 2
  5  years after the date of the first payment of compensation for
  6  permanent total disability, wage loss, or death, whichever is
  7  later. The notice of claim must contain such information as
  8  the department division by rule requires or as established by
  9  the administrator; and the employer or carrier claiming
10  reimbursement shall furnish such evidence in support of the
11  claim as the department division or administrator reasonably
12  may require.
13         (b)  For notice of claims on the Special Disability
14  Trust Fund filed on or after July 1, 1978, the Special
15  Disability Trust Fund shall, within 120 days after receipt of
16  notice that a carrier has paid, been required to pay, or
17  accepted liability for excess compensation, serve notice of
18  the acceptance of the claim for reimbursement.
19         (c)  A proof of claim must be filed on each notice of
20  claim on file as of June 30, 1997, within 1 year after July 1,
21  1997, or the right to reimbursement of the claim shall be
22  barred. A notice of claim on file on or before June 30, 1997,
23  may be withdrawn and refiled if, at the time refiled, the
24  notice of claim remains within the limitation period specified
25  in paragraph (a).  Such refiling shall not toll, extend, or
26  otherwise alter in any way the limitation period applicable to
27  the withdrawn and subsequently refiled notice of claim. Each
28  proof of claim filed shall be accompanied by a proof-of-claim
29  fee as provided in paragraph (9)(d). The Special Disability
30  Trust Fund shall, within 120 days after receipt of the proof
31  of claim, serve notice of the acceptance of the claim for
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  reimbursement. This paragraph shall apply to all claims
  2  notwithstanding the provisions of subsection (12).
  3         (d)  Each notice of claim filed or refiled on or after
  4  July 1, 1997, must be accompanied by a notification fee as
  5  provided in paragraph (9)(d).  A proof of claim must be filed
  6  within 1 year after the date the notice of claim is filed or
  7  refiled, accompanied by a proof-of-claim fee as provided in
  8  paragraph (9)(d), or the claim shall be barred.  The
  9  notification fee shall be waived if both the notice of claim
10  and proof of claim are submitted together as a single filing.
11  The Special Disability Trust Fund shall, within 180 days after
12  receipt of the proof of claim, serve notice of the acceptance
13  of the claim for reimbursement.  This paragraph shall apply to
14  all claims notwithstanding the provisions of subsection (12).
15         (e)  For dates of accident on or after January 1, 1994,
16  the Special Disability Trust Fund shall, within 120 days of
17  receipt of notice that a carrier has been required to pay, and
18  has paid over $10,000 in benefits, serve notice of the
19  acceptance of the claim for reimbursement. Failure of the
20  Special Disability Trust Fund to serve notice of acceptance
21  shall give rise to the right to request a hearing on the claim
22  for reimbursement. If the Special Disability Trust Fund
23  through its representative denies or controverts the claim,
24  the right to such reimbursement shall be barred unless an
25  application for a hearing thereon is filed with the department
26  division or administrator at Tallahassee within 60 days after
27  notice to the employer or carrier of such denial or
28  controversion. When such application for a hearing is timely
29  filed, the claim shall be heard and determined in accordance
30  with the procedure prescribed in s. 440.25, to the extent that
31  such procedure is applicable, and in accordance with the
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  workers' compensation rules of procedure. In such proceeding
  2  on a claim for reimbursement, the Special Disability Trust
  3  Fund shall be made the party respondent, and no findings of
  4  fact made with respect to the claim of the injured employee or
  5  the dependents for compensation, including any finding made or
  6  order entered pursuant to s. 440.20(11), shall be res
  7  judicata. The Special Disability Trust Fund may not be joined
  8  or made a party to any controversy or dispute between an
  9  employee and the dependents and the employer or between two or
10  more employers or carriers without the written consent of the
11  fund.
12         (f)  When it has been determined that an employer or
13  carrier is entitled to reimbursement in any amount, the
14  employer or carrier shall be reimbursed annually from the
15  Special Disability Trust Fund for the compensation and medical
16  benefits paid by the employer or carrier for which the
17  employer or carrier is entitled to reimbursement, upon filing
18  request therefor and submitting evidence of such payment in
19  accordance with rules prescribed by the department division,
20  which rules may include parameters for annual audits. The
21  Special Disability Trust Fund shall pay the approved
22  reimbursement requests on a first-in, first-out basis
23  reflecting the order in which the reimbursement requests were
24  received.
25         (g)  The department division may by rule require
26  specific forms and procedures for the administration and
27  processing of claims made through the Special Disability Trust
28  Fund.
29         (8)  PREFERRED WORKER PROGRAM.--The Department of
30  Education division or administrator shall issue identity cards
31  to preferred workers upon request by qualified employees and
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    Amendment No. ___ (for drafter's use only)
  1  the Department of Insurance shall reimburse an employer, from
  2  the Special Disability Trust Fund, for the cost of workers'
  3  compensation premium related to the preferred workers payroll
  4  for up to 3 years of continuous employment upon satisfactory
  5  evidence of placement and issuance of payroll and
  6  classification records and upon the employee's certification
  7  of employment. The department and the Department of Education
  8  division may by rule prescribe definitions, forms, and
  9  procedures for the administration of the preferred worker
10  program. The Department of Education division may by rule
11  prescribe the schedule for submission of forms for
12  participation in the program.
13         (9)  SPECIAL DISABILITY TRUST FUND.--
14         (a)  There is established in the State Treasury a
15  special fund to be known as the "Special Disability Trust
16  Fund," which shall be available only for the purposes stated
17  in this section; and the assets thereof may not at any time be
18  appropriated or diverted to any other use or purpose. The
19  Treasurer shall be the custodian of such fund, and all moneys
20  and securities in such fund shall be held in trust by such
21  Treasurer and shall not be the money or property of the state.
22  The Treasurer is authorized to disburse moneys from such fund
23  only when approved by the department division or corporation
24  and upon the order of the Comptroller. The Treasurer shall
25  deposit any moneys paid into such fund into such depository
26  banks as the department division may designate and is
27  authorized to invest any portion of the fund which, in the
28  opinion of the department division, is not needed for current
29  requirements, in the same manner and subject to all the
30  provisions of the law with respect to the deposits of state
31  funds by such Treasurer. All interest earned by such portion
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    Amendment No. ___ (for drafter's use only)
  1  of the fund as may be invested by the Treasurer shall be
  2  collected by her or him and placed to the credit of such fund.
  3         (b)1.  The Special Disability Trust Fund shall be
  4  maintained by annual assessments upon the insurance companies
  5  writing compensation insurance in the state, the commercial
  6  self-insurers under ss. 624.462 and 624.4621, the assessable
  7  mutuals under s. 628.601, and the self-insurers under this
  8  chapter, which assessments shall become due and be paid
  9  quarterly at the same time and in addition to the assessments
10  provided in s. 440.51. The department division shall estimate
11  annually in advance the amount necessary for the
12  administration of this subsection and the maintenance of this
13  fund and shall make such assessment in the manner hereinafter
14  provided.
15         2.  The annual assessment shall be calculated to
16  produce during the ensuing fiscal year an amount which, when
17  combined with that part of the balance in the fund on June 30
18  of the current fiscal year which is in excess of $100,000, is
19  equal to the average of:
20         a.  The sum of disbursements from the fund during the
21  immediate past 3 calendar years, and
22         b.  Two times the disbursements of the most recent
23  calendar year.
24
25  Such amount shall be prorated among the insurance companies
26  writing compensation insurance in the state and the
27  self-insurers. Provided however, for those carriers that have
28  excluded ceded reinsurance premiums from their assessments on
29  or before January 1, 2000, no assessments on ceded reinsurance
30  premiums shall be paid by those carriers until such time as
31  the former Division of Workers' Compensation of the Department
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  of Labor and Employment Security or the department advises
  2  each of those carriers of the impact that the inclusion of
  3  ceded reinsurance premiums has on their assessment. The
  4  department division may not recover any past underpayments of
  5  assessments levied against any carrier that on or before
  6  January 1, 2000, excluded ceded reinsurance premiums from
  7  their assessment prior to the point that the former Division
  8  of Workers' Compensation of the Department of Labor and
  9  Employment Security or the department advises of the
10  appropriate assessment that should have been paid.
11         3.  The net premiums written by the companies for
12  workers' compensation in this state and the net premium
13  written applicable to the self-insurers in this state are the
14  basis for computing the amount to be assessed as a percentage
15  of net premiums. Such payments shall be made by each carrier
16  and self-insurer to the department division for the Special
17  Disability Trust Fund in accordance with such regulations as
18  the department division prescribes.
19         4.  The Treasurer is authorized to receive and credit
20  to such Special Disability Trust Fund any sum or sums that may
21  at any time be contributed to the state by the United States
22  under any Act of Congress, or otherwise, to which the state
23  may be or become entitled by reason of any payments made out
24  of such fund.
25         (c)  Notwithstanding the Special Disability Trust Fund
26  assessment rate calculated pursuant to this section, the rate
27  assessed shall not exceed 4.52 percent.
28         (d)  The Special Disability Trust Fund shall be
29  supplemented by a $250 notification fee on each notice of
30  claim filed or refiled after July 1, 1997, and a $500 fee on
31  each proof of claim filed in accordance with subsection (7).
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    Amendment No. ___ (for drafter's use only)
  1  Revenues from the fee shall be deposited into the Special
  2  Disability Trust Fund and are exempt from the deduction
  3  required by s. 215.20. The fees provided in this paragraph
  4  shall not be imposed upon any insurer which is in receivership
  5  with the Department of Insurance.
  6         (e)  The department of Labor and Employment Security or
  7  administrator shall report annually on the status of the
  8  Special Disability Trust Fund.  The report shall update the
  9  estimated undiscounted and discounted fund liability, as
10  determined by an independent actuary, change in the total
11  number of notices of claim on file with the fund in addition
12  to the number of newly filed notices of claim, change in the
13  number of proofs of claim processed by the fund, the fee
14  revenues refunded and revenues applied to pay down the
15  liability of the fund, the average time required to reimburse
16  accepted claims, and the average administrative costs per
17  claim.  The department or administrator shall submit its
18  report to the Governor, the President of the Senate, and the
19  Speaker of the House of Representatives by December 1 of each
20  year.
21         (10)  DEPARTMENT DIVISION ADMINISTRATION OF FUND;
22  CLAIMS; EXPENSES.--The department division or administrator
23  shall administer the Special Disability Trust Fund with
24  authority to allow, deny, compromise, controvert, and litigate
25  claims made against it and to designate an attorney to
26  represent it in proceedings involving claims against the fund,
27  including negotiation and consummation of settlements,
28  hearings before judges of compensation claims, and judicial
29  review. The department division or administrator or the
30  attorney designated by it shall be given notice of all
31  hearings and proceedings involving the rights or obligations
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    Amendment No. ___ (for drafter's use only)
  1  of such fund and shall have authority to make expenditures for
  2  such medical examinations, expert witness fees, depositions,
  3  transcripts of testimony, and the like as may be necessary to
  4  the proper defense of any claim. All expenditures made in
  5  connection with conservation of the fund, including the salary
  6  of the attorney designated to represent it and necessary
  7  travel expenses, shall be allowed and paid from the Special
  8  Disability Trust Fund as provided in this section upon the
  9  presentation of itemized vouchers therefor approved by the
10  department division.
11         (11)  EFFECTIVE DATES.--This section does not apply to
12  any case in which the accident causing the subsequent injury
13  or death or the disablement or death from a subsequent
14  occupational disease occurred prior to July 1, 1955, or on or
15  after January 1, 1998.  In no event shall the Special
16  Disability Trust Fund be liable for, or reimburse employers or
17  carriers for, any case in which the accident causing the
18  subsequent injury or death or the disablement or death from a
19  subsequent occupational disease occurred on or after January
20  1, 1998.  The Special Disability Trust Fund shall continue to
21  reimburse employers or carriers for subsequent injuries
22  occurring prior to January 1, 1998, and the department
23  division shall continue to assess for and the department
24  division or administrator shall fund reimbursements as
25  provided in subsection (9) for this purpose.
26         Section 49.  Paragraphs (b) through (h) of subsection
27  (1) of section 440.491, Florida Statutes, are redesignated as
28  paragraphs (c) through (i), respectively, a new paragraph (b)
29  is added to said subsection, and paragraph (c) of subsection
30  (1), paragraph (a) of subsection (3), paragraph (b) of
31  subsection (4), paragraphs (b) and (c) of subsection (5), and
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  subsections (6), (7), and (8) of said section are amended, to
  2  read:
  3         440.491  Reemployment of injured workers;
  4  rehabilitation.--
  5         (1)  DEFINITIONS.--As used in this section, the term:
  6         (b)  "Department" means the Department of Education.
  7         (d)(c)  "Qualified rehabilitation provider" means a
  8  rehabilitation nurse, rehabilitation counselor, vocational
  9  evaluator, rehabilitation facility, or agency approved by the
10  Department of Education division as qualified to provide
11  reemployment assessments, medical care coordination,
12  reemployment services, or vocational evaluations under this
13  chapter.
14         (3)  REEMPLOYMENT STATUS REVIEWS AND REPORTS.--
15         (a)  When an employee who has suffered an injury
16  compensable under this chapter is unemployed 60 days after the
17  date of injury and is receiving benefits for temporary total
18  disability, temporary partial disability, or wage loss, and
19  has not yet been provided medical care coordination and
20  reemployment services voluntarily by the carrier, the carrier
21  must determine whether the employee is likely to return to
22  work and must report its determination to the department
23  division. The carrier must thereafter determine the
24  reemployment status of the employee at 90-day intervals as
25  long as the employee remains unemployed, is not receiving
26  medical care coordination or reemployment services, and is
27  receiving the benefits specified in this subsection.
28         (4)  REEMPLOYMENT ASSESSMENTS.--
29         (b)  The carrier shall authorize only a qualified
30  rehabilitation provider to provide the reemployment
31  assessment. The rehabilitation provider shall conduct its
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  assessment and issue a report to the carrier, the employee,
  2  and the department division within 30 days after the time such
  3  assessment is complete.
  4         (5)  MEDICAL CARE COORDINATION AND REEMPLOYMENT
  5  SERVICES.--
  6         (b)  If the rehabilitation provider concludes that
  7  training and education are necessary to return the employee to
  8  suitable gainful employment, or if the employee has not
  9  returned to suitable gainful employment within 180 days after
10  referral for reemployment services or receives $2,500 in
11  reemployment services, whichever comes first, the carrier must
12  discontinue reemployment services and refer the employee to
13  the department division for a vocational evaluation.
14  Notwithstanding any provision of chapter 289 or chapter 627,
15  the cost of a reemployment assessment and the first $2,500 in
16  reemployment services to an injured employee must not be
17  treated as loss adjustment expense for workers' compensation
18  ratemaking purposes.
19         (c)  A carrier may voluntarily provide medical care
20  coordination or reemployment services to the employee at
21  intervals more frequent than those required in this section.
22  For the purpose of monitoring reemployment, the carrier or the
23  rehabilitation provider shall report to the department
24  division, in the manner prescribed by the department division,
25  the date of reemployment and wages of the employee. The
26  carrier shall report its voluntary service activity to the
27  department division as required by rule. Voluntary services
28  offered by the carrier for any of the following injuries must
29  be considered benefits for purposes of ratemaking: traumatic
30  brain injury; spinal cord injury; amputation, including loss
31  of an eye or eyes; burns of 5 percent or greater of the total
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  body surface.
  2         (6)  TRAINING AND EDUCATION.--
  3         (a)  Upon referral of an injured employee by the
  4  carrier, or upon the request of an injured employee, the
  5  department division shall conduct a training and education
  6  screening to determine whether it should refer the employee
  7  for a vocational evaluation and, if appropriate, approve
  8  training and education or other vocational services for the
  9  employee.  The department division may not approve formal
10  training and education programs unless it determines, after
11  consideration of the reemployment assessment, pertinent
12  reemployment status reviews or reports, and such other
13  relevant factors as it prescribes by rule, that the
14  reemployment plan is likely to result in return to suitable
15  gainful employment.  The department division is authorized to
16  expend moneys from the Workers' Compensation Administration
17  Trust Fund, established by s. 440.50, to secure appropriate
18  training and education or other vocational services when
19  necessary to satisfy the recommendation of a vocational
20  evaluator.  The department division shall establish training
21  and education standards pertaining to employee eligibility,
22  course curricula and duration, and associated costs.
23         (b)  When it appears that an employee who has attained
24  maximum medical improvement requires training and education to
25  obtain suitable gainful employment, the employer shall pay the
26  employee additional temporary total compensation while the
27  employee receives such training and education for a period not
28  to exceed 26 weeks, which period may be extended for an
29  additional 26 weeks or less, if such extended period is
30  determined to be necessary and proper by a judge of
31  compensation claims. However, a carrier or employer is not
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    Amendment No. ___ (for drafter's use only)
  1  precluded from voluntarily paying additional temporary total
  2  disability compensation beyond that period. If an employee
  3  requires temporary residence at or near a facility or an
  4  institution providing training and education which is located
  5  more than 50 miles away from the employee's customary
  6  residence, the reasonable cost of board, lodging, or travel
  7  must be borne by the department division from the Workers'
  8  Compensation Administration Trust Fund established by s.
  9  440.50. An employee who refuses to accept training and
10  education that is recommended by the vocational evaluator and
11  considered necessary by the department division is subject to
12  a 50-percent reduction in weekly compensation benefits,
13  including wage-loss benefits, as determined under s.
14  440.15(3)(b).
15         (7)  PROVIDER QUALIFICATIONS.--
16         (a)  The department division shall investigate and
17  maintain a directory of each qualified public and private
18  rehabilitation provider, facility, and agency, and shall
19  establish by rule the minimum qualifications, credentials, and
20  requirements that each rehabilitation service provider,
21  facility, and agency must satisfy to be eligible for listing
22  in the directory. These minimum qualifications and credentials
23  must be based on those generally accepted within the service
24  specialty for which the provider, facility, or agency is
25  approved.
26         (b)  The department division shall impose a biennial
27  application fee of $25 for each listing in the directory, and
28  all such fees must be deposited in the Workers' Compensation
29  Administration Trust Fund.
30         (c)  The department division shall monitor and evaluate
31  each rehabilitation service provider, facility, and agency
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  qualified under this subsection to ensure its compliance with
  2  the minimum qualifications and credentials established by the
  3  department division. The failure of a qualified rehabilitation
  4  service provider, facility, or agency to provide the
  5  department division with information requested or access
  6  necessary for the department division to satisfy its
  7  responsibilities under this subsection is grounds for
  8  disqualifying the provider, facility, or agency from further
  9  referrals.
10         (d)  A qualified rehabilitation service provider,
11  facility, or agency may not be authorized by an employer, a
12  carrier, or the department division to provide any services,
13  including expert testimony, under this section in this state
14  unless the provider, facility, or agency is listed or has been
15  approved for listing in the directory. This restriction does
16  not apply to services provided outside this state under this
17  section.
18         (e)  The department division, after consultation with
19  representatives of employees, employers, carriers,
20  rehabilitation providers, and qualified training and education
21  providers, shall adopt rules governing professional practices
22  and standards.
23         (8)  CARRIER PRACTICES.--The department division shall
24  monitor the selection of providers and the provision of
25  services by carriers under this section for consistency with
26  legislative intent set forth in subsection (2).
27         Section 50.  Section 440.50, Florida Statutes, is
28  amended to read:
29         440.50  Workers' Compensation Administration Trust
30  Fund.--
31         (1)(a)  There is established in the State Treasury a
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  special fund to be known as the "Workers' Compensation
  2  Administration Trust Fund" for the purpose of providing for
  3  the payment of all expenses in respect to the administration
  4  of this chapter, including the vocational rehabilitation of
  5  injured employees as provided in s. 440.49 and the payments
  6  due under s. 440.15(1)(f), the funding of the fixed
  7  administrative expenses of the plan, and the funding of the
  8  Bureau of Workers' Compensation Fraud within the Department of
  9  Insurance.  Such fund shall be administered by the department
10  division.
11         (b)  The department division is authorized to transfer
12  as a loan an amount not in excess of $250,000 from such
13  special fund to the Special Disability Trust Fund established
14  by s. 440.49(9), which amount shall be repaid to said special
15  fund in annual payments equal to not less than 10 percent of
16  moneys received for such Special Disability Trust Fund.
17         (2)  The Treasurer is authorized to disburse moneys
18  from such fund only when approved by the department division
19  and upon the order of the Comptroller.
20         (3)  The Treasurer shall deposit any moneys paid into
21  such fund into such depository banks as the department
22  division may designate and is authorized to invest any portion
23  of the fund which, in the opinion of the department division,
24  is not needed for current requirements, in the same manner and
25  subject to all the provisions of the law with respect to the
26  deposit of state funds by such Treasurer.  All interest earned
27  by such portion of the fund as may be invested by the
28  Treasurer shall be collected by him or her and placed to the
29  credit of such fund.
30         (4)  All civil penalties provided in this chapter, if
31  not voluntarily paid, may be collected by civil suit brought
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  by the department division and shall be paid into such fund.
  2         Section 51.  Section 440.51, Florida Statutes, is
  3  amended to read:
  4         440.51  Expenses of administration.--
  5         (1)  The department division shall estimate annually in
  6  advance the amounts necessary for the administration of this
  7  chapter, in the following manner.
  8         (a)  The department division shall, by July 1 of each
  9  year, notify carriers and self-insurers of the assessment
10  rate, which shall be based on the anticipated expenses of the
11  administration of this chapter for the next calendar year.
12  Such assessment rate shall take effect January 1 of the next
13  calendar year and shall be included in workers' compensation
14  rate filings approved by the Department of Insurance which
15  become effective on or after January 1 of the next calendar
16  year. Assessments shall become due and be paid quarterly.
17         (b)  The total expenses of administration shall be
18  prorated among the carriers writing compensation insurance in
19  the state and self-insurers.  The net premiums collected by
20  carriers and the amount of premiums calculated by the
21  department division for self-insured employers are the basis
22  for computing the amount to be assessed. When reporting
23  deductible policy premium for purposes of computing
24  assessments levied after July 1, 2001, full policy premium
25  value must be reported prior to application of deductible
26  discounts or credits. This amount may be assessed as a
27  specific amount or as a percentage of net premiums payable as
28  the department division may direct, provided such amount so
29  assessed shall not exceed 2.75 percent, beginning January 1,
30  2001, except during the interim period from July 1, 2000,
31  through December 31, 2000, such assessments shall not exceed 4
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    Amendment No. ___ (for drafter's use only)
  1  percent of such net premiums.  The carriers may elect to make
  2  the payments required under s. 440.15(1)(f) rather than having
  3  these payments made by the department division.  In that
  4  event, such payments will be credited to the carriers, and the
  5  amount due by the carrier under this section will be reduced
  6  accordingly.
  7         (2)  The department division shall provide by
  8  regulation for the collection of the amounts assessed against
  9  each carrier.  Such amounts shall be paid within 30 days from
10  the date that notice is served upon such carrier.  If such
11  amounts are not paid within such period, there may be assessed
12  for each 30 days the amount so assessed remains unpaid, a
13  civil penalty equal to 10 percent of the amount so unpaid,
14  which shall be collected at the same time and a part of the
15  amount assessed. For those carriers who excluded ceded
16  reinsurance premiums from their assessments prior to January
17  1, 2000, the department division shall not recover any past
18  underpayments of assessments related to ceded reinsurance
19  premiums prior to January 1, 2001, against such carriers.
20         (3)  If any carrier fails to pay the amounts assessed
21  against him or her under the provisions of this section within
22  60 days from the time such notice is served upon him or her,
23  the department of Insurance upon being advised by the division
24  may suspend or revoke the authorization to insure compensation
25  in accordance with the procedure in s. 440.38(3)(a). The
26  department division may permit a carrier to remit any
27  underpayment of assessments for assessments levied after
28  January 1, 2001.
29         (4)  All amounts collected under the provisions of this
30  section shall be paid into the fund established in s. 440.50.
31         (5)  Any amount so assessed against and paid by an
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    Amendment No. ___ (for drafter's use only)
  1  insurance carrier, self-insurer authorized pursuant to s.
  2  624.4621, or commercial self-insurance fund authorized under
  3  ss. 624.460-624.488 shall be allowed as a deduction against
  4  the amount of any other tax levied by the state upon the
  5  premiums, assessments, or deposits for workers' compensation
  6  insurance on contracts or policies of said insurance carrier,
  7  self-insurer, or commercial self-insurance fund. Any insurance
  8  carrier claiming such a deduction against the amount of any
  9  such tax shall not be required to pay any additional
10  retaliatory tax levied pursuant to s. 624.5091 as a result of
11  claiming such deduction. Because deductions under this
12  subsection are available to insurance carriers, s. 624.5091
13  does not limit such deductions in any manner.
14         (6)(a)  The department division may require from each
15  carrier, at such time and in accordance with such regulations
16  as the department division may prescribe, reports in respect
17  to all gross earned premiums and of all payments of
18  compensation made by such carrier during each prior period,
19  and may determine the amounts paid by each carrier and the
20  amounts paid by all carriers during such period.
21         (b)  The Department of Insurance may require from each
22  self-insurer, at such time and in accordance with such
23  regulations as the Department of Insurance prescribes, reports
24  in respect to wages paid, the amount of premiums such
25  self-insurer would have to pay if insured, and all payments of
26  compensation made by such self-insurer during each prior
27  period, and may determine the amounts paid by each
28  self-insurer and the amounts paid by all self-insurers during
29  such period. For the purposes of this section, the payroll
30  records of each self-insurer shall be open to annual
31  inspection and audit by the Department of Insurance or its
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    Amendment No. ___ (for drafter's use only)
  1  authorized representative, during regular business hours; and
  2  if any audit of such records of a self-insurer discloses a
  3  deficiency in the amounts reported to the Department of
  4  Insurance or in the amounts paid to the Department of
  5  Insurance by a self-insurer pursuant to this section, the
  6  Department of Insurance may assess the cost of such audit
  7  against the self-insurer.
  8         (7)  The department division shall keep accumulated
  9  cost records of all injuries occurring within the state coming
10  within the purview of this chapter on a policy and
11  calendar-year basis.  For the purpose of this chapter, a
12  "calendar year" is defined as the year in which the injury is
13  reported to the department division; "policy year" is defined
14  as that calendar year in which the policy becomes effective,
15  and the losses under such policy shall be chargeable against
16  the policy year so defined.
17         (8)  The department division shall assign an account
18  number to each employer under this chapter and an account
19  number to each insurance carrier authorized to write workers'
20  compensation insurance in the state; and it shall be the duty
21  of the department division under the account number so
22  assigned to keep the cost experience of each carrier and the
23  cost experience of each employer under the account number so
24  assigned by calendar and policy year, as above defined.
25         (9)  In addition to the above, it shall be the duty of
26  the division to keep the accident experience, as classified by
27  the division, by industry as follows:
28         (a)  Cause of the injury;
29         (b)  Nature of the injury; and
30         (c)  Type of disability.
31         (10)  In every case where the duration of disability
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    Amendment No. ___ (for drafter's use only)
  1  exceeds 30 days, the carrier shall establish a sufficient
  2  reserve to pay all benefits to which the injured employee, or
  3  in case of death, his or her dependents, may be entitled to
  4  under the law.  In establishing the reserve, consideration
  5  shall be given to the nature of the injury, the probable
  6  period of disability, and the estimated cost of medical
  7  benefits.
  8         (11)  The department division shall furnish to any
  9  employer or carrier, upon request, its individual experience.
10  The division shall furnish to the Department of Insurance,
11  upon request, the Florida experience as developed under
12  accident year or calendar year.
13         (12)  In addition to any other penalties provided by
14  this law, the failure to submit any report or other
15  information required by this law shall be just cause to
16  suspend the right of a self-insurer to operate as such, or,
17  upon certification by the division to the Department of
18  Insurance that a carrier has failed or refused to furnish such
19  reports, shall be just cause for the department of Insurance
20  to suspend or revoke the license of such carrier.
21         (13)  As used in s. 440.50 and this section, the term:
22         (a)  "Plan" means the workers' compensation joint
23  underwriting plan provided for in s. 627.311(4).
24         (b)  "Fixed administrative expenses" means the expenses
25  of the plan, not to exceed $750,000, which are directly
26  related to the plan's administration but which do not vary in
27  direct relationship to the amount of premium written by the
28  plan and which do not include loss adjustment premiums.
29         (14)  Before July 1 in each year, the plan shall notify
30  the department division of the amount of the plan's gross
31  written premiums for the preceding calendar year. Whenever the
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    Amendment No. ___ (for drafter's use only)
  1  plan's gross written premiums reported to the department
  2  division are less than $30 million, the department division
  3  shall transfer to the plan, subject to appropriation by the
  4  Legislature, an amount not to exceed the plan's fixed
  5  administrative expenses for the preceding calendar year.
  6         Section 52.  Subsections (1) and (3) of section 440.52,
  7  Florida Statutes, are amended to read:
  8         440.52  Registration of insurance carriers; notice of
  9  cancellation or expiration of policy; suspension or revocation
10  of authority.--
11         (1)  Each insurance carrier who desires to write such
12  compensation insurance in compliance with this chapter shall
13  be required, before writing such insurance, to register with
14  the department division and pay a registration fee of $100.
15  This shall be deposited by the department division in the fund
16  created by s. 440.50.
17         (3)  If the department division finds, after due notice
18  and a hearing at which the insurance carrier is entitled to be
19  heard in person or by counsel and present evidence, that the
20  insurance carrier has repeatedly failed to comply with its
21  obligations under this chapter, the department division may
22  request the Department of Insurance to suspend or revoke the
23  authorization of such insurance carrier to write workers'
24  compensation insurance under this chapter.  Such suspension or
25  revocation shall not affect the liability of any such
26  insurance carrier under policies in force prior to the
27  suspension or revocation.
28         Section 53.  Section 440.525, Florida Statutes, is
29  amended to read:
30         440.525  Examination of carriers.--Beginning July 1,
31  1994, The Division of Workers' Compensation of the department
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    Amendment No. ___ (for drafter's use only)
  1  of Labor and Employment Security may examine each carrier as
  2  often as is warranted to ensure that carriers are fulfilling
  3  their obligations under the law, and shall examine each
  4  carrier not less frequently than once every 3 years. The
  5  examination must cover the preceding 3 fiscal years of the
  6  carrier's operations and must commence within 12 months after
  7  the end of the most recent fiscal year being covered by the
  8  examination. The examination may cover any period of the
  9  carrier's operations since the last previous examination.
10         Section 54.  Section 440.572, Florida Statutes, is
11  amended to read:
12         440.572  Authorization for individual self-insurer to
13  provide coverage.--An individual self-insurer having a net
14  worth of not less than $250 million as authorized by s.
15  440.38(1)(f) may assume by contract the liabilities under this
16  chapter of contractors and subcontractors, or each of them,
17  employed by or on behalf of such individual self-insurer when
18  performing work on or adjacent to property owned or used by
19  the individual self-insurer by the department division. The
20  net worth of the individual self-insurer shall include the
21  assets of the self-insurer's parent company and its
22  subsidiaries, sister companies, affiliated companies, and
23  other related entities, located within the geographic
24  boundaries of the state.
25         Section 55.  Section 440.59, Florida Statutes, is
26  amended to read:
27         440.59  Reporting requirements.--
28         (1)  The department shall annually prepare a report of
29  the administration of this chapter for the preceding calendar
30  year, including a detailed statement of the receipts of and
31  expenditures from the fund established in s. 440.50 and a
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    Amendment No. ___ (for drafter's use only)
  1  statement of the causes of the accidents leading to the
  2  injuries for which the awards were made, together with such
  3  recommendations as the department considers advisable. On or
  4  before September 15 of each year, the department shall submit
  5  a copy of the report to the Governor, the President of the
  6  Senate, the Speaker of the House of Representatives, the
  7  Democratic and Republican Leaders of the Senate and the House
  8  of Representatives, and the chairs of the legislative
  9  committees having jurisdiction over workers' compensation.
10         (2)  The division shall annually prepare a closed claim
11  report for all claims for which the employee lost more than 7
12  days from work and shall submit a copy of the report to the
13  Governor, the President of the Senate, the Speaker of the
14  House of Representatives, the Democratic and Republican
15  Leaders of the Senate and the House of Representatives, and
16  the chairs of the legislative committees having jurisdiction
17  over workers' compensation on or before September 15 of each
18  year. The closed claim report shall include, but not be
19  limited to, an analysis of all claims closed during the
20  preceding year as to the date of accident, age of the injured
21  employee, occupation of the injured employee, type of injury,
22  body part affected, type and duration of indemnity benefits
23  paid, permanent impairment rating, medical benefits identified
24  by type of health care provider, and type and cost of any
25  rehabilitation benefits provided.
26         (3)  The division shall prepare an annual report for
27  all claims for which the employee lost more than 7 days from
28  work and shall submit a copy of the report to the Governor,
29  the President of the Senate, the Speaker of the House of
30  Representatives, the Democratic and Republican Leaders of the
31  Senate and the House of Representatives, and the chairs of the
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    Amendment No. ___ (for drafter's use only)
  1  legislative committees having jurisdiction over workers'
  2  compensation, on or before September 15 of each year. The
  3  annual report shall include a status report on all cases
  4  involving work-related injuries in the previous 10 years. The
  5  annual report shall include, but not be limited to, the number
  6  of open and closed cases, the number of cases receiving
  7  various types of benefits, and the cash and medical benefits
  8  paid between the date of injury and the evaluation date in
  9  each case.
10         Section 56.  Section 440.591, Florida Statutes, is
11  amended to read:
12         440.591  Administrative procedure; rulemaking
13  authority.--The department, the agency, and the Department of
14  Education may division has authority to adopt rules pursuant
15  to ss. 120.536(1) and 120.54 to implement the provisions of
16  this chapter conferring duties upon it.
17         Section 57.  Section 440.593, Florida Statutes, is
18  amended to read:
19         440.593  Electronic reporting.--
20         (1)  The department division may establish an
21  electronic reporting system requiring or authorizing an
22  employer or carrier to submit required forms, reports, or
23  other information electronically rather than by other means.
24  The department division may establish different deadlines for
25  submitting forms, reports, or information to the department
26  division, or to its authorized agent, via the electronic
27  reporting system than are otherwise required when reporting
28  information by other means.
29         (2)  The department division may require any carrier to
30  submit data electronically, either directly or through a
31  third-party vendor, and may require any carrier or vendor
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    Amendment No. ___ (for drafter's use only)
  1  submitting data to the department division electronically to
  2  be certified by the department division.  The department
  3  division may specify performance requirements for any carrier
  4  or vendor submitting data electronically.
  5         (3)  The department division may revoke the
  6  certification of any carrier or vendor determined by the
  7  department division to be in noncompliance with performance
  8  standards prescribed by rule for electronic submissions.
  9         (4)  The department division may assess a civil
10  penalty, not to exceed $500 for each violation, as prescribed
11  by rule.
12         (5)  The department may division is authorized to adopt
13  rules to administer this section.
14         Section 58.  Subsections (1), (4), and (5) of section
15  443.012, Florida Statutes, are amended to read:
16         443.012  Unemployment Appeals Commission.--
17         (1)  There is created within the Agency for Workforce
18  Innovation Department of Labor and Employment Security an
19  Unemployment Appeals Commission, hereinafter referred to as
20  the "commission."  The commission shall consist of a chair and
21  two other members to be appointed by the Governor, subject to
22  confirmation by the Senate.  Not more than one appointee must
23  be a person who, on account of previous vocation, employment,
24  or affiliation, is classified as a representative of
25  employers; and not more than one such appointee must be a
26  person who, on account of previous vocation, employment, or
27  affiliation, is classified as a representative of employees.
28         (a)  The chair shall devote his or her entire time to
29  commission duties and shall be responsible for the
30  administrative functions of the commission.
31         (b)  The chair shall have the authority to appoint a
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    Amendment No. ___ (for drafter's use only)
  1  general counsel and such other personnel as may be necessary
  2  to carry out the duties and responsibilities of the
  3  commission.
  4         (c)  The chair shall have the qualifications required
  5  by law for a judge of the circuit court and shall not engage
  6  in any other business vocation or employment. Notwithstanding
  7  any other provisions of existing law, the chair shall be paid
  8  a salary equal to that paid under state law to a judge of the
  9  circuit court.
10         (d)  The remaining members shall be paid a stipend of
11  $100 for each day they are engaged in the work of the
12  commission.  The chair and other members shall also be
13  reimbursed for travel expenses, as provided in s. 112.061.
14         (e)  The total salary and travel expenses of each
15  member of the commission shall be paid from the Employment
16  Security Administration Trust Fund.
17         (4)  The property, personnel, and appropriations
18  relating to the specified authority, powers, duties, and
19  responsibilities of the commission shall be provided to the
20  commission by the Agency for Workforce Innovation Department
21  of Labor and Employment Security.
22         (5)  The commission shall not be subject to control,
23  supervision, or direction by the Agency for Workforce
24  Innovation Department of Labor and Employment Security in the
25  performance of its powers and duties under this chapter.
26         Section 59.  Subsection (12) of section 443.036,
27  Florida Statutes, is amended to read:
28         443.036  Definitions.--As used in this chapter, unless
29  the context clearly requires otherwise:
30         (12)  COMMISSION.--"Commission" means the Unemployment
31  Appeals Commission of the Department of Labor and Employment
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Security.
  2         Section 60.  Subsection (3) of section 447.02, Florida
  3  Statutes, is amended to read:
  4         447.02  Definitions.--The following terms, when used in
  5  this chapter, shall have the meanings ascribed to them in this
  6  section:
  7         (3)  The term "department" means the Department of
  8  Business and Professional Regulation Labor and Employment
  9  Security.
10         Section 61.  Subsection (4) of section 447.305, Florida
11  Statutes, is amended to read:
12         447.305  Registration of employee organization.--
13         (4)  Notification of registrations and renewals of
14  registration shall be furnished at regular intervals by the
15  commission to the Department of Business and Professional
16  Regulation Labor and Employment Security.
17         Section 62.  Subsection (4) of section 450.012, Florida
18  Statutes, is amended to read:
19         450.012  Definitions.--For the purpose of this chapter,
20  the word, phrase, or term:
21         (4)  "Department" means the Department of Business and
22  Professional Regulation Labor and Employment Security.
23         Section 63.  Paragraph (j) of subsection (1) of section
24  450.191, Florida Statutes, is amended to read:
25         450.191  Executive Office of the Governor; powers and
26  duties.--
27         (1)  The Executive Office of the Governor is authorized
28  and directed to:
29         (j)  Cooperate with the farm labor office of the
30  Department of Business and Professional Regulation Labor and
31  Employment Security in the recruitment and referral of migrant
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  laborers and other persons for the planting, cultivation, and
  2  harvesting of agricultural crops in Florida.
  3         Section 64.  Subsection (2) of section 450.28, Florida
  4  Statutes, is amended to read:
  5         450.28  Definitions.--
  6         (2)  "Department" means the Department of Business and
  7  Professional Regulation Labor and Employment Security.
  8         Section 65.  Subsections (1) and (5) of section
  9  624.3161, Florida Statutes, are amended to read:
10         624.3161  Market conduct examinations.--
11         (1)  As often as it deems necessary, the department
12  shall examine each licensed rating organization, each advisory
13  organization, each group, association, carrier, as defined in
14  s. 440.02, or other organization of insurers which engages in
15  joint underwriting or joint reinsurance, and each authorized
16  insurer transacting in this state any class of insurance to
17  which the provisions of chapter 627 are applicable.  The
18  examination shall be for the purpose of ascertaining
19  compliance by the person examined with the applicable
20  provisions of chapters 440, 624, 626, 627, and 635.
21         (5)  Such examinations shall also be subject to the
22  applicable provisions of chapter 440 and ss. 624.318, 624.319,
23  624.321, and 624.322.
24         Section 66.  Paragraph (m) of subsection (1) of section
25  626.88, Florida Statutes, is amended to read:
26         626.88  Definitions of "administrator" and "insurer".--
27         (1)  For the purposes of this part, an "administrator"
28  is any person who directly or indirectly solicits or effects
29  coverage of, collects charges or premiums from, or adjusts or
30  settles claims on residents of this state in connection with
31  authorized commercial self-insurance funds or with insured or
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  self-insured programs which provide life or health insurance
  2  coverage or coverage of any other expenses described in s.
  3  624.33(1), other than any of the following persons:
  4         (m)  A person approved by the Division of Workers'
  5  Compensation of the Department of Insurance Labor and
  6  Employment Security who administers only self-insured workers'
  7  compensation plans.
  8         Section 67.  Subsection (9) of section 626.989, Florida
  9  Statutes, is amended to read:
10         626.989  Investigation by department or Division of
11  Insurance Fraud; compliance; immunity; confidential
12  information; reports to division; division investigator's
13  power of arrest.--
14         (9)  In recognition of the complementary roles of
15  investigating instances of workers' compensation fraud and
16  enforcing compliance with the workers' compensation coverage
17  requirements under chapter 440, the Division of Insurance
18  Fraud of the Department of Insurance is and the Division of
19  Workers' Compensation of the Department of Labor and
20  Employment Security are directed to prepare and submit a joint
21  performance report to the President of the Senate and the
22  Speaker of the House of Representatives by November 1, 2003 of
23  each year for each of the next 2 years, and then by November 1
24  every 3 years thereafter, describing the results obtained in
25  achieving compliance with the workers' compensation coverage
26  requirements and reducing the incidence of workers'
27  compensation fraud.
28         Section 68.  Section 627.0915, Florida Statutes, is
29  amended to read:
30         627.0915  Rate filings; workers' compensation,
31  drug-free workplace, and safe employers.--The Department of
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  Insurance shall approve rating plans for workers' compensation
  2  insurance that give specific identifiable consideration in the
  3  setting of rates to employers that either implement a
  4  drug-free workplace program pursuant to rules adopted by the
  5  Division of Workers' Compensation of the Department of
  6  Insurance Labor and Employment Security or implement a safety
  7  program pursuant to provisions of the rating plan or implement
  8  both a drug-free workplace program and a safety program. The
  9  plans must be actuarially sound and must state the savings
10  anticipated to result from such drug-testing and safety
11  programs.
12         Section 69.  Subsection (3) of section 627.914, Florida
13  Statutes, is amended to read:
14         627.914  Reports of information by workers'
15  compensation insurers required.--
16         (3)  Individual self-insurers as defined in s. 440.02
17  shall report only Florida data as prescribed in paragraphs
18  (2)(a)-(e) to the Division of Workers' Compensation of the
19  department of Labor and Employment Security.
20         (a)  The department Division of Workers' Compensation
21  shall publish the dates and forms necessary to enable
22  individual self-insurers to comply with this section.
23         (b)  A statistical or rating organization may be used
24  by individual self-insurers for the purposes of reporting the
25  data required by this section and calculating experience
26  ratings.
27         Section 70.  Sections 20.171 and 440.4416, Florida
28  Statutes, are repealed.
29         Section 71.  If any provision of this act or its
30  application to any person or circumstance is held invalid, the
31  invalidity does not affect other provisions or applications of
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    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1  the act which can be given effect without the invalid
  2  provision or application, and to this end the provisions of
  3  this act are severable.
  4         Section 72.  Except as otherwise provided herein, this
  5  act shall take effect July 1, 2002.
  6
  7
  8  ================ T I T L E   A M E N D M E N T ===============
  9  And the title is amended as follows:
10  remove:  the entire title
11
12  and insert:
13                      A bill to be entitled
14         An act relating to transferring and reassigning
15         divisions, functions, and responsibilities of
16         the Department of Labor and Employment
17         Security; providing for a type two transfer of
18         the Division of Workers' Compensation to the
19         Department of Insurance; providing for a type
20         two transfer of workers' compensation medical
21         services to the Agency for Health Care
22         Administration; providing for a type two
23         transfer of workers' compensation
24         rehabilitation and reemployment services to the
25         Department of Education; providing for a type
26         two transfer of the administration of child
27         labor laws to the Department of Business and
28         Professional Regulation; providing for
29         comparable pay grades for the transferred
30         positions; authorizing the Department of
31         Insurance to reclassify and reorganize
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         positions within the department and establish
  2         regional offices; authorizing the Department of
  3         Insurance to enter into contracts; providing
  4         for existing contracts to be subject to review
  5         and cancellation; providing for a type two
  6         transfer of certain functions of the Office of
  7         the Secretary and the Office of Administrative
  8         Services of the Department of Labor and
  9         Employment Security relating to labor
10         organizations and migrant and farm labor
11         registration to the Department of Business and
12         Professional Regulation; providing for a type
13         two transfer of other workplace regulation
14         functions to the Department of Business and
15         Professional Regulation; providing for the
16         transfer of the Unemployment Appeals Commission
17         to the Agency for Workforce Innovation by a
18         type two transfer; providing for the transfer
19         of the Office of Information Systems to the
20         State Technology Office by a type two transfer;
21         requiring the State Technology Office and the
22         Department of Insurance to determine whether it
23         is feasible to transfer ownership of the
24         Workers' Compensation Integrated System to the
25         Department of Insurance; authorizing the
26         Department of Banking and Finance, in
27         conjunction with the Office of the Attorney
28         General, to use unexpended funds to settle
29         certain claims; providing for the continuation
30         of contracts or agreements of the Department of
31         Labor and Employment Security; providing for a
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         successor department, agency, or entity to be
  2         substituted for the Department of Labor and
  3         Employment Security as a party in interest in
  4         pending proceedings; exempting specified state
  5         agencies, on a temporary basis, from provisions
  6         relating to procurement of property and
  7         services and leasing of space; authorizing
  8         specified state agencies to develop temporary
  9         emergency rules relating to the implementation
10         of the act; amending s. 20.13, F.S.;
11         establishing the Division of Workers'
12         Compensation within the Department of
13         Insurance; amending s. 20.50, F.S.; revising
14         provisions relating to the Agency for Workforce
15         Innovation to conform; revising
16         responsibilities of certain offices within the
17         agency; specifying that the Unemployment
18         Appeals Commission is not subject to the
19         agency; amending ss. 110.205, 112.19, 112.191,
20         121.125, 122.03, and 238.06, F.S., to conform;
21         amending s. 440.02, F.S.; providing a
22         definition for the term "agency"; conforming
23         definitions of "department" and "division" to
24         the transfer of the Division of Workers'
25         Compensation; amending ss. 440.021, 440.05,
26         440.09, 440.10, 440.102, 440.103, 440.104,
27         440.105, 440.106, 440.107, 440.108, 440.12, and
28         440.125, F.S.; conforming references to reflect
29         the transfer of the Division of Workers'
30         Compensation; amending s. 440.13, F.S.,
31         relating to medical services and supplies under
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         the workers' compensation law; reassigning
  2         certain functions from the Division of Workers'
  3         Compensation to the Agency for Health Care
  4         Administration; conforming agency references to
  5         reflect the transfer of the Division of
  6         Workers' Compensation; amending ss. 440.134 and
  7         440.14, F.S.; conforming provisions to changes
  8         made by the act; amending s. 440.15, F.S.;
  9         providing for the agency to specify certain
10         forms and procedures governing wage loss and
11         impairment benefits; conforming a cross
12         reference; amending ss. 440.185, 440.191,
13         440.192, and 440.1925, F.S.; conforming
14         provisions to changes made by the act; amending
15         ss. 440.20, 440.207, and 440.211, F.S.,
16         relating to payment of compensation; conforming
17         provisions to changes made by the act; amending
18         s. 440.24, F.S.; providing for the sale of
19         securities on deposit to satisfy a compensation
20         order; amending ss. 440.25 and 440.271, F.S.,
21         relating to mediation, hearings, and appeals;
22         conforming provisions to changes made by the
23         act; amending ss. 440.345 and 440.35, F.S.,
24         relating to the reporting of attorney's fees
25         and employer records of injury or death;
26         conforming provisions to changes made by the
27         act; amending ss. 440.38, 440.381, and 440.385,
28         F.S., relating to security for compensation by
29         insurance carriers and self-insurers, audits of
30         payroll and classifications, and the creation,
31         board of directors, powers and duties,
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         insolvency fund, and plan of operation for the
  2         Florida Self-Insurance Guaranty Association;
  3         conforming references to reflect the transfer
  4         of the Division of Workers' Compensation;
  5         amending ss. 440.40, 440.41, and 440.42, F.S.,
  6         relating to employers posting notice of
  7         compensation, substitution of carriers for
  8         employers with respect to notice and the effect
  9         of an order, and expiration of insurance
10         policies, to conform; amending s. 440.44, F.S.,
11         relating to the administration of the Workers'
12         Compensation Law; conforming references to
13         reflect the transfer of the Division of
14         Workers' Compensation; amending s. 440.45,
15         F.S., relating to the Office of the Judges of
16         Compensation Claims; clarifying the
17         responsibilities of the director of the
18         Division of Administrative Hearings as agency
19         head of the Office of the Judges of
20         Compensation Claims; amending s. 440.49, F.S.,
21         relating to the Special Disability Trust Fund;
22         conforming references to reflect the transfer
23         of the Division of Workers' Compensation;
24         reassigning responsibility for a report on the
25         Special Disability Trust Fund to the Department
26         of Insurance; amending s. 440.491, F.S.,
27         relating to the reemployment of injured
28         workers; conforming references to the transfer
29         of rehabilitation and reemployment services to
30         the Department of Education; amending ss.
31         440.50, 440.51, and 440.52, F.S., relating to
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         the Workers' Compensation Administration Trust
  2         Fund, expenses of administration, and certain
  3         responsibilities of insurance carriers;
  4         conforming references to reflect the transfer
  5         of the Division of Workers' Compensation;
  6         amending s. 440.525, F.S., relating to the
  7         examination of carriers; conforming agency
  8         references to the transfer of programs from the
  9         Department of Labor and Employment Security to
10         the Department of Insurance; amending s.
11         440.572, F.S., to conform; amending s. 440.59,
12         F.S., relating to division reporting
13         requirements; eliminating unnecessary reporting
14         requirements; amending ss. 440.591 and 440.593,
15         F.S., relating to authorization to self-insure,
16         reporting requirements, and rulemaking
17         authority; conforming provisions to changes
18         made by the act; amending s. 443.012, F.S.;
19         providing for the Unemployment Appeals
20         Commission to be created within the Agency for
21         Workforce Innovation rather than the Department
22         of Labor and Employment Security; conforming
23         provisions; amending s. 443.036, F.S.;
24         conforming the definition of "commission" to
25         the transfer of the Unemployment Appeals
26         Commission to the Agency for Workforce
27         Innovation; amending s. 447.02, F.S.;
28         conforming the definition of "department" to
29         the transfer of the regulation of labor
30         organizations to the Department of Business and
31         Professional Regulation; amending s. 447.305,
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         F.S.; providing that notification of
  2         registrations and renewals of registration
  3         shall be furnished to the Department of
  4         Business and Professional Regulation, to
  5         conform; amending s. 450.012, F.S.; conforming
  6         the definition of "department" to the transfer
  7         of the regulation of child labor to the
  8         Department of Business and Professional
  9         Regulation; amending s. 450.191, F.S., relating
10         to the duties of the Executive Office of the
11         Governor with respect to migrant labor;
12         conforming provisions to changes made by the
13         act; amending s. 450.28, F.S.; conforming the
14         definition of "department" to the transfer of
15         the regulation of farm labor to the Department
16         of Business and Professional Regulation;
17         amending s. 624.3161, F.S., relating to
18         insurance market conduct examinations;
19         conforming provisions to changes made by the
20         act; amending s. 626.88, F.S., relating to
21         self-insurance definitions; conforming
22         provisions to changes made by the act; amending
23         s. 626.989, F.S., relating to Division of
24         Insurance Fraud reporting requirements;
25         conforming provisions to changes made by the
26         act and establishing reporting deadlines;
27         amending s. 627.0915, F.S.; conforming
28         departmental references to changes made by the
29         act; amending s. 627.914, F.S., relating to
30         reporting requirements by self-insurers;
31         conforming provisions to changes made by the
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                                                   HOUSE AMENDMENT
    612-229AX-32                                  Bill No. HB 1643
    Amendment No. ___ (for drafter's use only)
  1         act; repealing s. 20.171, F.S., relating to the
  2         establishment and the authority and
  3         organizational structure of the Department of
  4         Labor and Employment Security; repealing s.
  5         440.4416, F.S., relating to the Workers'
  6         Compensation Oversight Board; providing for
  7         severability; providing effective dates.
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