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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  3                                .
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

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

                                  1

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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

                                  2

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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

                                  4

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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

                                  16

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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

                                  17

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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.

                                  18

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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

                                  19

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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

                                  20

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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.

                                  21

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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;

                                  22

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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,

                                  23

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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

                                  24

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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

                                  25

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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

                                  26

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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

                                  27

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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

                                  28

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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

                                  29

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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

                                  30

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                                                   HOUSE AMENDMENT

    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,

                                  31

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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

                                  32

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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.--

                                  33

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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.

                                  34

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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

                                  35

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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

                                  36

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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

                                  38

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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

                                  40

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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

                                  41

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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

                                  44

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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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    Amendment No. ___ (for drafter's use only)





  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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    Amendment No. ___ (for drafter's use only)





  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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    Amendment No. ___ (for drafter's use only)





  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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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    Amendment No. ___ (for drafter's use only)





  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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    Amendment No. ___ (for drafter's use only)





  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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    Amendment No. ___ (for drafter's use only)





  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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    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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

                                 104

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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.--

                                 105

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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

                                 106

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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.

                                 107

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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

                                 108

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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

                                 110

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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

                                 111

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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

                                 113

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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,

                                 114

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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

                                 116

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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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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    612-229AX-32                                  Bill No. HB 1643

    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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    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

    612-229AX-32                                  Bill No. HB 1643

    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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                                                   HOUSE AMENDMENT

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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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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

                                 164

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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

                                 167

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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,

                                 168

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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.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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