SENATE AMENDMENT
Bill No. CS for CS for SB 1132
Amendment No. ___ Barcode 032818
CHAMBER ACTION
Senate House
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11 Senator Smith moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 251, line 11, through
15 page 263, line 18, delete those lines
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17 and insert:
18 (5) OFFICE.--The department, the agency, the
19 Department of Education, and the Deputy Chief Judge shall
20 maintain and keep open during reasonable business hours an
21 office, which shall be provided in the Capitol or some other
22 suitable building in the City of Tallahassee, for the
23 transaction of business under this chapter, at which office
24 the official records and papers shall be kept. The office
25 shall be furnished and equipped. The department, the agency,
26 any judge of compensation claims, or the Deputy Chief Judge
27 may hold sessions and conduct hearings at any place within the
28 state. The Office of the Judges of Compensation Claims shall
29 maintain the 17 district offices, 31 judges of compensation
30 claims, and 31 mediators as they exist on June 30, 2001.
31 (6) SEAL.--The department and the judges of
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SENATE AMENDMENT
Bill No. CS for CS for SB 1132
Amendment No. ___ Barcode 032818
1 compensation claims shall have a seal upon which shall be
2 inscribed the words "State of Florida Department of Financial
3 Services Insurance--Seal" and "Division of Administrative
4 Hearings--Seal," respectively, and each shall be judicially
5 noticed.
6 (7) DESTRUCTION OF OBSOLETE RECORDS.--The department
7 is expressly authorized to provide by regulation for and to
8 destroy obsolete records of the department. The Division of
9 Administrative Hearings is expressly authorized to provide by
10 regulation for and to destroy obsolete records of the Office
11 of the Judges of Compensation Claims.
12 (8) PROCEDURE.--In the exercise of their duties and
13 functions requiring administrative hearings, the department
14 and the agency shall proceed in accordance with the
15 Administrative Procedure Act. The authority of the department
16 and the agency to issue orders resulting from administrative
17 hearings as provided for in this chapter shall not infringe
18 upon the jurisdiction of the judges of compensation claims.
19 Section 50. Paragraph (b) of subsection (2) of section
20 440.45, Florida Statutes, is amended to read:
21 440.45 Office of the Judges of Compensation Claims.--
22 (2)
23 (b) Except as provided in paragraph (c), the Governor
24 shall appoint a judge of compensation claims from a list of
25 three persons nominated by a statewide nominating commission.
26 The statewide nominating commission shall be composed of the
27 following:
28 1. Five members, at least one of whom must be a member
29 of a minority group as defined in s. 288.703(3), one of each
30 who resides in each of the territorial jurisdictions of the
31 district courts of appeal, appointed by the Board of Governors
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SENATE AMENDMENT
Bill No. CS for CS for SB 1132
Amendment No. ___ Barcode 032818
1 of The Florida Bar from among The Florida Bar members who are
2 engaged in the practice of law. Two of the members must be
3 board certified in workers' compensation law by The Florida
4 Bar and represent employers and carriers exclusively, and two
5 of the members must be board certified in workers'
6 compensation law by The Florida Bar and represent employees
7 exclusively; provided, further, that no other member of the
8 statewide nominating commission may be engaged in the practice
9 of workers' compensation law. On July 1, 1999, the term of
10 office of each person appointed by the Board of Governors of
11 The Florida Bar to the commission expires. The Board of
12 Governors shall appoint members who reside in the odd-numbered
13 district court of appeal jurisdictions to 4-year terms each,
14 beginning July 1, 1999, and members who reside in the
15 even-numbered district court of appeal jurisdictions to 2-year
16 terms each, beginning July 1, 1999. Thereafter, each member
17 shall be appointed for a 4-year term;
18 2. Five electors, at least one of whom must be a
19 member of a minority group as defined in s. 288.703(3), one of
20 each who resides in each of the territorial jurisdictions of
21 the district courts of appeal, appointed by the Governor. On
22 July 1, 1999, the term of office of each person appointed by
23 the Governor to the commission expires. The Governor shall
24 appoint members who reside in the odd-numbered district court
25 of appeal jurisdictions to 2-year terms each, beginning July
26 1, 1999, and members who reside in the even-numbered district
27 court of appeal jurisdictions to 4-year terms each, beginning
28 July 1, 1999. Thereafter, each member shall be appointed for a
29 4-year term; and
30 3. Five electors, at least one of whom must be a
31 member of a minority group as defined in s. 288.703(3), one of
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SENATE AMENDMENT
Bill No. CS for CS for SB 1132
Amendment No. ___ Barcode 032818
1 each who resides in the territorial jurisdictions of the
2 district courts of appeal, selected and appointed by a
3 majority vote of the other 10 members of the commission. On
4 October 1, 1999, the term of office of each person appointed
5 to the commission by its other members expires. A majority of
6 the other members of the commission shall appoint members who
7 reside in the odd-numbered district court of appeal
8 jurisdictions to 2-year terms each, beginning October 1, 1999,
9 and members who reside in the even-numbered district court of
10 appeal jurisdictions to 4-year terms each, beginning October
11 1, 1999. Thereafter, each member shall be appointed for a
12 4-year term.
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14 A vacancy occurring on the commission shall be filled by the
15 original appointing authority for the unexpired balance of the
16 term. No attorney who appears before any judge of compensation
17 claims more than four times a year is eligible to serve on the
18 statewide nominating commission. The meetings and
19 determinations of the nominating commission as to the judges
20 of compensation claims shall be open to the public.
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22 (Redesignate subsequent sections.)
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25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 On page 6, lines 15-27, delete those lines
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29 and insert:
30 440.44, F.S.; conforming terminology; amending
31 s. 440.45, F.S.; revising the statewide
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SENATE AMENDMENT
Bill No. CS for CS for SB 1132
Amendment No. ___ Barcode 032818
1 nominating commission membership; creating
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