HB 1179 2003
1	A bill to be entitled
2	An act relating to workers' compensation; amending s.
3	440.02, F.S.; revising and adding definitions; amending s.
4	440.021, F.S.; correcting a cross reference; creating s.
5	440.115, F.S.; providing for employer's and carrier's
6	responsibilities for production of documents; requiring a
7	written explanation if benefits are denied; amending s.
8	440.125, F.S.; providing for waiver of employee
9	confidentiality with regard to medical records and reports
10	under certain circumstances; requiring the employee to
11	complete a prior injury questionnaire; amending s. 440.13,
12	F.S.; requiring certain medical reports to include
13	specified information; providing conditions for
14	independent medical examinations; providing for claims and
15	termination or suspension of claims for medical benefits
16	in compensability admitted cases; providing for requests
17	for authorization of medical treatment or testing in such
18	cases; providing procedures and sanctions when an
19	employees fails or refuses to attend a medical
20	appointment; creating s. 440.131, F.S.; transferring
21	provisions relating to utilization review, utilization
22	reimbursement disputes, and overutilization from s.
23	440.13, F.S., to s. 440.131, F.S.; creating s. 440.1312,
24	F.S.; transferring provisions relating to audits by and
25	jurisdiction of the Agency for Health Care Administration
26	and Department of Insurance from s. 440.13, F.S., to s.
27	440.1312, F.S.; creating s. 440.1313, F.S.; transferring
28	provisions relating to the three-member panel, maximum
29	reimbursement, physician removal, and payment of medical
30	fees from s. 440.13, F.S., to s. 440.1313, F.S.; revising
31	membership of panel to include the Chief Financial
32	Officer; creating s. 440.1314, F.S.; transferring
33	provisions relating to practice parameters from s. 440.13,
34	F.S., to s. 440.1314, F.S.; creating s. 440.1315, F.S.;
35	transferring provisions relating to attendant care
36	services from s. 440.13, F.S., to s. 440.1315, F.S.;
37	requiring the employee to provide certain information in a
38	petition for benefits; specifying circumstances under
39	which attendant care services may be suspended or
40	terminated and providing for notice thereof; providing for
41	hearings; creating s. 440.145, F.S.; establishing
42	procedures for disputes regarding average weekly wage and
43	corresponding compensation rate; amending s. 440.15, F.S.;
44	revising provisions relating to temporary total disability
45	benefits; providing for notice of termination of benefits
46	and objections thereto; creating s. 440.1501, F.S.;
47	transferring provisions relating to compensation for
48	catastrophic temporary total disability from s. 440.15,
49	F.S., to s. 440.1501, F.S.; providing conditions for
50	suspension or termination of catastrophic temporary total
51	disability benefits and objections thereto; providing for
52	hearings; requiring earned income reports to the
53	Department of Insurance, employer, and carrier; creating
54	s. 440.15015, F.S.; transferring provisions requiring
55	earned income reports to the Department of Insurance,
56	employer, and carrier from s. 440.15, F.S., to s.
57	440.15015, F.S.; creating s. 440.1502, F.S.; transferring
58	provisions relating to compensation for temporary partial
59	disability from s. 440.15, F.S., to s. 440.1502, F.S.;
60	providing conditions for an employee's return to work;
61	providing conditions for termination of temporary partial
62	disability benefits and objections thereto; providing for
63	hearings; creating s. 440.1503, F.S.; transferring
64	provisions relating to compensation for impairment from s.
65	440.15, F.S., to s. 440.1503, F.S.; providing conditions
66	for termination of permanent impairment benefits and
67	objections thereto; providing for hearings; creating s.
68	440.1504, F.S.; transferring provisions relating to
69	supplemental benefits from s. 440.15, F.S., to s.
70	440.1504, F.S.; providing conditions for termination of
71	supplemental benefits and objections thereto; providing
72	for hearings; creating s. 440.1505, F.S.; transferring
73	provisions relating to compensation for permanent total
74	disability from s. 440.15, F.S., to s. 440.1505, F.S.;
75	providing conditions for termination of permanent total
76	disability benefits and objections thereto; providing for
77	hearings; creating s. 440.1506, F.S.; transferring
78	provisions relating to compensation for subsequent injury
79	from s. 440.15, F.S., to s. 440.1506, F.S.; creating s.
80	440.1507, F.S.; transferring provisions relating to
81	eligibility for benefits from s. 440.15, F.S., to s.
82	440.1507, F.S.; requiring an employee who has applied for
83	social security benefits to notify the employer or carrier
84	within a specified time period; creating s. 440.1508,
85	F.S.; transferring provisions relating to repayment of
86	benefits from s. 440.15, F.S., to s. 440.1508, F.S.;
87	providing procedures in circumstances when a
88	miscalculation of benefits is alleged; amending s. 440.16,
89	F.S.; transferring provisions relating to compensation for
90	death from s. 440.25, F.S., to s. 440.16, F.S.; requiring
91	certain information to be provided with a petition for
92	benefits in cases of death; providing conditions for
93	denial of death benefits; providing for hearings; creating
94	s. 440.1855, F.S.; providing circumstances for denial of
95	benefits as a result of the tolling of the statute of
96	limitations; repealing s. 440.191, F.S., relating to the
97	Employee Assistance and Ombudsman Office; creating s.
98	440.1915, F.S.; providing for a stay pending criminal
99	investigation and prosecution of workers' compensation
100	fraud; amending s. 440.192, F.S., relating to procedure
101	for resolving benefit disputes; requiring additional
102	information to be provided in an answer to a petition for
103	benefits; providing for extension of time by which to file
104	an answer; correcting a reference, to conform; creating s.
105	440.1927, F.S.; providing procedures for expedited
106	hearings; providing for mediation conferences; amending s.
107	440.25, F.S.; revising provisions relating to procedures
108	for mediation and hearings; providing for state and
109	private mediation conferences; providing that mediators in
110	state mediation conferences be selected by the Chief Judge
111	of Compensation Claims; providing for pretrial hearings;
112	providing for consolidation of specified petitions for
113	benefits; creating s. 440.255, F.S.; transferring
114	provisions relating to procedures for appeals from s.
115	440.25, F.S., to s. 440.255, F.S.; amending s. 440.28,
116	F.S.; requiring an application for modification of an
117	order to include information specified in s. 440.192(2),
118	F.S., relating to a petition for benefits; amending s.
119	440.29, F.S.; providing sanctions for failure to comply
120	with the provisions of said section; creating s. 440.291,
121	F.S.; providing procedures relating to discovery; creating
122	s. 440.292, F.S.; providing for motions; creating s.
123	440.293, F.S.; providing for agreements and stipulations;
124	creating s. 440.295, F.S.; providing for summary judgment;
125	amending s. 440.42, F.S.; providing procedures for
126	resolving disputes between carriers; amending s. 440.442,
127	F.S.; providing for applicability of the Code of Judicial
128	Conduct to the Chief Judge of Compensation Claims and
129	deleting references to the Deputy Chief Judge of
130	Compensation Claims; amending s. 440.45, F.S.;
131	reorganizing the Office of the Judges of Compensation
132	Claims to provide for expiration of the term of the Deputy
133	Chief Judge and the creation of the position of Chief
134	Judge; requiring the Chief Judge to report to the
135	Secretary of Management Services; removing an exception
136	regarding who may serve on the nominating commission;
137	providing responsibilities of The Florida Bar with regard
138	to the conduct of the Chief Judge; requiring The Florida
139	Bar Rules Committee to promulgate the Workers'
140	Compensation Rules of Procedure; requiring a report;
141	amending s. 440.491, F.S.; providing conditions for
142	additional rehabilitation temporary total disability
143	benefits, denial of said benefits, and objections thereto;
144	providing for hearings; amending ss. 112.3145, 120.65,
145	121.055, 216.251, 440.105, 440.134, 440.14, 440.20,
146	440.207, 440.29, 440.44, 440.47, 440.49, 440.50, 440.51,
147	631.929, 946.523, 948.03, 960.13, 985.21, 985.231, and
148	985.315, F.S.; conforming references to changes made by
149	the act; providing an effective date.
150
151	Be It Enacted by the Legislature of the State of Florida:
152
153	Section 1. Paragraph (b) of subsection (35) of section
154	440.02, Florida Statutes, is amended, and subsection (43) is
155	added to said section, to read:
156	440.02 Definitions.--When used in this chapter, unless the
157	context clearly requires otherwise, the following terms shall
158	have the following meanings:
159	(35) "Insolvency" or "insolvent" means:
160	(b) With respect to an employee claiming insolvency
161	pursuant to s. 440.255s. 440.25(5), a person is insolvent who:
162	1. Has ceased to pay his or her debts in the ordinary
163	course of business and cannot pay his or her debts as they
164	become due; or
165	2. Has been adjudicated insolvent pursuant to the federal
166	bankruptcy law.
167	(43) "Certificate of mailing" means United States Postal
168	Service form number 3817.
169	Section 2. Section 440.021, Florida Statutes, is amended
170	to read:
171	440.021 Exemption of workers' compensation from chapter
172	120.--Workers' compensation adjudications by judges of
173	compensation claims are exempt from chapter 120, and no judge of
174	compensation claims shall be considered an agency or a part
175	thereof. Communications of the result of investigations by the
176	department pursuant to s. 440.185(4) are exempt from chapter
177	120. In all instances in which the department institutes action
178	to collect a penalty or interest which may be due pursuant to
179	this chapter, the penalty or interest shall be assessed without
180	hearing, and the party against which such penalty or interest is
181	assessed shall be given written notice of such assessment and
182	shall have the right to protest within 20 days of such notice.
183	Upon receipt of a timely notice of protest and after such
184	investigation as may be necessary, the department shall, if it
185	agrees with such protest, notify the protesting party that the
186	assessment has been revoked. If the department does not agree
187	with the protest, it shall refer the matter to the judge of
188	compensation claims for determination pursuant to s. 440.25(2)-
189	(5). Such action of the department is exempt from the provisions
190	of chapter 120.
191	Section 3. Section 440.115, Florida Statutes, is created
192	to read:
193	440.115 Responsibility for continuing production of
194	documents.--
195	(1) The employer and carrier shall each serve on the
196	employee, and the employee shall serve on the employer and
197	carrier, or their respective representatives, if any, the
198	information specified in paragraphs (a)-(i) within 7 days after
199	its receipt, or within 7 days after receipt of a written request
200	by certificate of mailing:
201	(a) The first report of injury.
202	(b) A 13-week wage statement, including any fringe benefit
203	and seasonal employment information.
204	(c) Payout, excluding work product information,
205	investigative information, and payment of attorney's fees.
206	(d) Medical reports or information received from any
207	source.
208	(e) Social security information.
209	(f) All offers of employment together with corresponding
210	job descriptions.
211	(g) Vocational reports.
212	(h) A copy of any statement made or given by the employee.
213	(i) Post injury earnings on a biweekly basis through the
214	date of maximum medical improvement.
215	(2) An insurer shall provide to the employee or his or her
216	representative, if any:
217	(a) At the time of denial, a written statement of the
218	reasons that a claim is being denied with all supporting
219	documents in its possession or in the possession of its
220	representative, excluding work product and privileged material,
221	and including, but not limited to, medical reports, vocational
222	reports, or other material relevant to the denial. Any party’s
223	failure to comply with the requirements of this paragraph shall
224	bar the use of such documents in its possession or the
225	possession of its representative at any final hearing.
226	(b) If the employer or carrier denies that an injury
227	occurred during the course and scope of employment or determines
228	that the employee falsified his or her employment application,
229	the employer or carrier shall furnish all pertinent records,
230	medical records, and documentation relating to the denial at the
231	time of the denial. The employer's or carrier’s failure to
232	comply with the requirements of this paragraph shall bar the use
233	of the supporting documents at any final hearing.
234	(c) Whenever benefits requested by an employee are denied,
235	suspended, or terminated, a written explanation of the
236	employee’s rights and responsibilities, including the right to a
237	hearing, shall be sent simultaneously to the employee by
238	certificate of mailing.
239	(d) A party who has responded to a request for discovery
240	with a response that was complete when made is under a
241	continuing duty to supplement the response to include
242	information thereafter acquired. If, subsequent to compliance
243	with this chapter and the rules of procedure governing
244	discovery, a party discovers additional witnesses or material
245	that the party would have been under a duty to disclose or
246	produce at the time of the previous compliance, the party shall
247	promptly disclose or produce the witnesses or material in the
248	same manner as required under this chapter and the rules
249	governing discovery.
250	Section 4. Section 440.125, Florida Statutes, is amended
251	to read:
252	440.125 Medical records and reports; identifying
253	information in employee medical bills; confidentiality.--
254	(1)Any medical records and medical reports of an injured
255	employee and any information identifying an injured employee in
256	medical bills which are provided to the department, pursuant to
257	s. 440.13, are confidential and exempt from the provisions of s.
258	119.07(1) and s. 24(a), Art. I of the State Constitution, except
259	as otherwise provided by this chapter. The department may share
260	any such confidential and exempt records, reports, or
261	information received pursuant to s. 440.13 with the Agency for
262	Health Care Administration and the Department of Education in
263	furtherance of their official duties under ss. 440.13 and
264	440.134. The agency and the department shall maintain the
265	confidential and exempt status of such records, reports, and
266	information received.
267	(2) When an employee has submitted a claim for workers’
268	compensation benefits or is receiving indemnity or medical
269	benefits:
270	(a) The employee shall have waived any privilege of
271	confidentiality concerning any medical records and reports,
272	evaluations, bills, nonprivileged communications related to the
273	claim, or treatment for any similar condition that the employee
274	has received with any physician and health care provider,
275	including, but not limited to, communications with psychiatrists
276	or psychologists. Notwithstanding any other provision of law to
277	the contrary, when requested by the employer, carrier, or
278	employee, a health care provider and physician shall provide
279	within a reasonable time period and for a reasonable charge all
280	information and records in his or her possession relating to any
281	such examination, treatment, testing, or consultation concerning
282	the employee.
283	(b) The employee shall provide the employer or carrier
284	with a signed release for all medical records and information
285	related to the claim and the history and treatment of the injury
286	arising from the incident, including information related to the
287	treatment of any mental condition or drug or alcohol abuse. The
288	release shall designate the provider and shall state that the
289	release shall expire no less than 1 year after the date the
290	release is signed. If the employer or carrier requests a release
291	of medical information, the employee must sign and return the
292	release to the employer or carrier by certificate of mailing
293	within 30 days after the employer or carrier requests the
294	information. If the employee refuses to provide a signed release
295	for medical information:
296	1. Any compensation or medical benefits being received by
297	the employee shall be suspended and no hearing on compensation
298	or medical benefits shall be scheduled until such signed release
299	is provided. The disclosure applies to all medical information
300	relevant to the prosecution or defense of any claim for
301	compensation and medical benefits.
302	2. The employee may request a hearing before the judge of
303	compensation claims who shall determine whether this information
304	will lead to discovery of admissible evidence and enter an order
305	accordingly.
306	(c) The employee shall complete a sworn prior injury
307	questionnaire. If the employee refuses to provide a signed prior
308	injury questionnaire, as required by this section, any
309	compensation or medical benefits being received by the employee
310	shall be suspended and no hearing on compensation or medical
311	benefits shall be scheduled until such signed form is provided.
312	If the employee refuses to complete and provide the employer or
313	carrier with a prior injury questionnaire, the employee may
314	request a hearing before the judge of compensation claims who
315	shall determine whether this information will lead to discovery
316	of admissible evidence and enter an order accordingly.
317	Section 5. Paragraphs (d), (e), and (f) of subsection (2),
318	paragraph (f) of subsection (3), and subsection (4) of section
319	440.13, Florida Statutes, are amended, present subsection (5) is
320	renumbered as subsection (8) and amended, present subsections
321	(9) and (10) are renumbered as subsections (10) and (11),
322	respectively, and new subsections (5), (6), (7), and (9) are
323	added to said section, to read:
324	440.13 Medical services and supplies; penalty for
325	violations; limitations.--
326	(2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--
327	(b)(d)The carrier has the right to transfer the care of
328	an injured employee from the attending health care provider if
329	an independent medical examination determines that the employee
330	is not making appropriate progress in recuperation.
331	(c)(e)Except in emergency situations and for treatment
332	rendered by a managed care arrangement, after any initial
333	examination and diagnosis by a physician providing remedial
334	treatment, care, and attendance, and before a proposed course of
335	medical treatment begins, each insurer shall review, in
336	accordance with the requirements of this chapter, the proposed
337	course of treatment, to determine whether such treatment would
338	be recognized as reasonably prudent. The review must be in
339	accordance with all applicable workers' compensation practice
340	parameters. The insurer must accept any such proposed course of
341	treatment unless the insurer notifies the physician of its
342	specific objections to the proposed course of treatment by the
343	close of the tenth business day after notification by the
344	physician, or a supervised designee of the physician, of the
345	proposed course of treatment.
346	(d)(f)Upon the written request of the employee, the
347	carrier shall give the employee the opportunity for one change
348	of physician during the course of treatment for any one
349	accident. The employee shall be entitled to select another
350	physician from among not fewer than three carrier-authorized
351	physicians who are not professionally affiliated.
352	(3) PROVIDER ELIGIBILITY; AUTHORIZATION.--
353	(f) By accepting payment under this chapter for treatment
354	rendered to an injured employee, a health care provider consents
355	to the jurisdiction of the agency as set forth in s. 440.1312
356	subsection (11)and to the submission of all records and other
357	information concerning such treatment to the agency in
358	connection with a reimbursement dispute, audit, or review as
359	provided by this section. The health care provider must further
360	agree to comply with any decision of the agency rendered under
361	this section.
362	(4) NOTICE OF TREATMENT TO CARRIER; FILING WITH
363	DEPARTMENT.--
364	(a)1.Any health care provider providing necessary
365	remedial treatment, care, or attendance to any injured worker
366	shall submit treatment reports to the carrier in a format
367	prescribed by the department in consultation with the agency. A
368	claim for medical or surgical treatment is not valid or
369	enforceable against such employer or employee, unless, by the
370	close of the third business day following the first treatment,
371	the physician providing the treatment furnishes to the employer
372	or carrier a preliminary notice of the injury and treatment on
373	forms prescribed by the department in consultation with the
374	agency and, within 15 days thereafter, furnishes to the employer
375	or carrier a complete report, and subsequent thereto furnishes
376	progress reports, if requested by the employer or insurance
377	carrier, at intervals of not less than 3 weeks apart or at less
378	frequent intervals if requested on forms prescribed by the
379	department in consultation with the agency.
380	2. All narrative medical reports shall include the
381	following information unless the physician accurately and
382	completely fills out a physician's report which shall include
383	the following information, if not previously provided:
384	a. A complete history, including all prior injuries and
385	conditions, and a detailed description of the present injury.
386	b. A list of the complaints of the claimant.
387	c. The physician's examination findings, including a
388	description of the examination and interpretation or summary of
389	any other diagnostic tests.
390	d. The date and cause of the alleged injury and whether,
391	in the physician's opinion, the claimant's accident and injuries
392	are causally related to the employee's employment with the
393	employer, and whether such employment with the employer is the
394	major contributing cause of the employee's accident and
395	injuries.
396	e. The period during which the claimant is unable to work.
397	f. Whether the claimant is capable of returning to work
398	and, if so, what physical restrictions and limitations shall be
399	imposed on the claimant, either temporarily or permanently, by
400	completing the Doctor’s Estimate of Physical Capabilities form.
401	g. Whether the claimant has reached maximum medical
402	improvement.
403	h. Whether the claimant is able to return to the job held
404	as of the date of the accident or is a candidate for vocational
405	rehabilitation.
406	i. Whether the claimant is in need of continuing medical
407	care and, if so, the nature and extent of such medical care.
408	j. The nature and extent of any permanent impairment to
409	the employee’s body as a whole in accordance with the Florida
410	Impairment Rating Guide, including factors upon which the
411	physician’s evaluation of permanent impairment is based.
412	k. A written declaration made under penalty of perjury
413	that the report is a complete, true, and correct copy of the
414	medical records of the claimant as kept by the physician in the
415	regular course of the physician’s medical practice.
416
417	The report required by this subparagraph shall be submitted by
418	mail or electronically and, if the report is not submitted with
419	the bill on the proper Health Care Financing Administration form
420	within the time prescribed, the physician shall not be entitled
421	to payment at the expense of the employer, the carrier, or the
422	employee.
423	(b) Upon the request of the department or agency, each
424	medical report or bill obtained or received by the employer, the
425	carrier, or the injured employee, or the attorney for the
426	employer, carrier, or injured employee, with respect to the
427	remedial treatment, care, and attendance of the injured
428	employee, including any report of an examination, diagnosis, or
429	disability evaluation, must be filed with the department or
430	agency pursuant to rules adopted by the department in
431	consultation with the agency. The health care provider shall
432	also furnish to the injured employee or to his or her attorney,
433	on demand, a copy of his or her office chart, records, and
434	reports, and may charge the injured employee an amount
435	authorized by the department for the copies. Each such health
436	care provider shall provide to the agency or department
437	information about the remedial treatment, care, and attendance
438	which the agency or department reasonably requests.
439	(c) It is the policy for the administration of the
440	workers' compensation system that there be reasonable access to
441	medical information by all parties to facilitate the self-
442	executing features of the law. Notwithstanding the limitations
443	in s. 456.057 and subject to the limitations in s. 381.004, upon
444	the request of the employer, the carrier, an authorized
445	qualified rehabilitation provider, or the attorney for the
446	employer or carrier, the medical records of an injured employee
447	must be furnished to those persons and the medical condition of
448	the injured employee must be discussed with those persons, if
449	the records and the discussions are restricted to conditions
450	relating to the workplace injury. Any such discussions may be
451	held before or after the filing of a claim without the
452	knowledge, consent, or presence of any other party or his or her
453	agent or representative. A health care provider who willfully
454	refuses to provide medical records or to discuss the medical
455	condition of the injured employee, after a reasonable request is
456	made for such information pursuant to this subsection, shall be
457	subject by the agency to one or more of the penalties set forth
458	in s. 440.131(3)(b)paragraph (8)(b).
459	(5) REQUEST FOR AUTHORIZATION OF MEDICAL BENEFITS BY
460	AUTHORIZED MEDICAL PROVIDER IN COMPENSABILITY ADMITTED CASES.--
461	(a) A request for authorization of medical benefits shall
462	be accomplished through a Request for Authorization of Medical
463	Benefits by Authorized Medical Provider form sent by the
464	employee to the employer or carrier by certificate of mailing.
465	The employer or carrier shall respond to this request, in
466	writing by certificate of mailing, within 20 days after its
467	receipt by certificate of mailing. A written response to this
468	request shall be sent by the carrier directly to the requesting
469	authorized health care provider with a copy to the employee and
470	employee’s counsel, if any, and shall advise the employee of his
471	or her right to file a petition for benefits in the case of a
472	response to the Request for Authorization of Medical Benefits by
473	Authorized Medical Provider denying the request. The employer's
474	or carrier’s failure to comply with the provisions of this
475	subsection shall result in the waiver of any time period within
476	which the employee must file a petition for benefits on the
477	issue.
478	(b) The employee shall have 10 days after the date on
479	which the response to a petition for benefits denying the
480	request was mailed to file a petition for benefits. The employee
481	shall complete the petition for benefits and shall state the
482	reasons for the request and include any medical report from the
483	authorized physician requesting authorization for such request.
484	This matter shall be heard on an expedited basis as provided in
485	this section and the employer or carrier shall be deemed to have
486	waived any objection to an expedited hearing.
487	(6) CLAIM FOR MEDICAL BENEFITS IN COMPENSABILITY ADMITTED
488	CASES.--When the employee claims medical benefits, the employee
489	shall file a petition for benefits for medical benefits which
490	shall include a statement of the benefits in dispute, copies of
491	all medical records based on medical opinions pursuant to
492	paragraph (9)(b) to be offered at trial, and copies of any
493	medical bills, prescriptions, or mileage reimbursement forms in
494	dispute. Copies of said reports shall be sent to the employer
495	and carrier or its representative, if any, no later than 10 days
496	after the date of the filing of the petition for benefits.
497	Failure of the employee to provide all such documentation, which
498	shall constitute the basis for filing the petition for benefits,
499	within 10 days shall result in same being excluded at any trial.
500	(7) TERMINATION OR SUSPENSION OF MEDICAL BENEFITS IN
501	COMPENSABILITY ADMITTED CLAIMS.--
502	(a) Before terminating or suspending the provision of
503	medical benefits, the employer or carrier shall give the
504	employee 7 days' written notice by certificate of mailing that
505	medical benefits will be suspended or terminated, shall provide
506	the employee with a copy of any supporting documentation for the
507	denial, and advise the employee of his or her right to request a
508	hearing on the provision of medical benefits by filing a
509	petition for benefits. The employer's or carrier’s failure to
510	comply with these timeframes shall result in the waiver of any
511	time period within which the employee must file a petition for
512	benefits on the issue. The evidence of any investigator,
513	adjuster, or other witness in the nature of surveillance shall
514	be subject to discovery when such evidence will be used at
515	trial, provided the party intending to use such evidence is
516	first given a reasonable opportunity to depose the party or
517	witness who is the subject of the surveillance.
518	(b) If an employee objects to the termination or
519	suspension of medical benefits, the employee shall have 21 days
520	after the date on which the notice of termination was mailed to
521	object to the termination by filing a petition for benefits for
522	the provision of medical benefits. The claimant shall complete
523	the petition for benefits for the provision of medical benefits
524	and state the specific reason for the objection to the
525	termination or suspension of medical benefits.
526	(c) If the employee’s objection to the termination or
527	suspension of medical benefits is based on medical opinions
528	pursuant to paragraph (9)(b) and is to be offered at trial, a
529	copy of the record or report containing such medical opinions
530	shall be served on the employer and carrier no later than 15
531	days after the date on which the petition for benefits was filed
532	objecting to the termination or suspension of medical benefits.
533	If the petition for benefits has been timely filed by the
534	employee and medical reports or records containing medical
535	opinions pursuant to paragraph (9)(b) is served no later than 10
536	days after the date on which the petition for benefits was filed
537	on the employer or carrier and its counsel, the medical care
538	shall continue until further order of the judge of compensation
539	claims. If the employer or carrier fails to continue the
540	provision of medical care, the petition for benefits shall be
541	set for hearing under the procedure for expedited hearings and
542	the employer or carrier is deemed to waive any objection to said
543	procedure. If the judge of compensation claims awards the
544	medical benefits being claimed, an attorney’s fee shall be due
545	and owing pursuant to s. 440.34 and shall be enhanced by an
546	additional fee of $2,500.
547	(8)(5)INDEPENDENT MEDICAL EXAMINATIONS.--
548	(a)1.In any dispute concerning overutilization, medical
549	benefits, compensability, or disability under this chapter, the
550	carrier or the employee may select an independent medical
551	examiner. The examiner may be a health care provider treating or
552	providing other care to the employee. An independent medical
553	examiner may not render an opinion outside his or her area of
554	expertise, as demonstrated by licensure and applicable practice
555	parameters.
556	2. An employee shall request an independent medical
557	examination by filing a Request for an Independent Medical
558	Examination form by certificate of mailing with the carrier, who
559	shall respond in writing to this request within 20 days after
560	its receipt by certificate of mailing. A written response to
561	this request shall be sent by the carrier directly to the
562	employee and the employee’s counsel and shall advise the
563	employee of his or her right to file a petition for benefits in
564	the case of a response to the Request for an Independent Medical
565	Examination denying the request. The carrier's failure to comply
566	with the provisions of this paragraph shall result in a waiver
567	of the time period during which to file a petition for benefits
568	on the issue.
569	3. The employee shall have 10 days after the date of
570	response to the Request for an Independent Medical Examination
571	denying the request to file a petition for benefits. The
572	employee shall complete the petition for benefits stating the
573	reasons for the Request for an Independent Medical Examination
574	and include any medical report from the authorized physician
575	regarding the issue. This matter shall be heard on an expedited
576	basis as provided in this section and the employer or carrier
577	shall be deemed to have waived any objection to an expedited
578	hearing.
579	(b) Each party is bound by his or her selection of an
580	independent medical examiner and is entitled to an alternate
581	examiner only if:
582	1. The examiner is not qualified to render an opinion upon
583	an aspect of the employee's illness or injury which is material
584	to the claim or petition for benefits;
585	2. The examiner ceases to practice in the specialty
586	relevant to the employee's condition;
587	3. The examiner is unavailable due to injury, death, or
588	relocation outside a reasonably accessible geographic area; or
589	4. The parties agree to an alternate examiner.
590
591	Any party may request, or a judge of compensation claims may
592	require, designation of an agency medical advisor as an
593	independent medical examiner. The opinion of the advisors acting
594	as examiners shall not be afforded the presumption set forth in
595	paragraph (10)(c)(9)(c).
596	(c) The carrier may, at its election, contact the claimant
597	directly to schedule a reasonable time for an independent
598	medical examination. The carrier must confirm the scheduling
599	agreement in writing within 5 days and notify claimant's
600	counsel, if any, at least 7 days before the date upon which the
601	independent medical examination is scheduled to occur. An
602	attorney representing a claimant is not authorized to schedule
603	independent medical evaluations under this subsection.
604	(d) If the employee fails to appear for the independent
605	medical examination without good cause and fails to advise the
606	physician at least 24 hours before the scheduled date for the
607	examination that he or she cannot appear, the employee is barred
608	from recovering compensation for any period during which he or
609	she has refused to submit to such examination. Further, the
610	employee shall reimburse the carrier 50 percent of the
611	physician's cancellation or no-show fee unless the carrier that
612	schedules the examination fails to timely provide to the
613	employee a written confirmation of the date of the examination
614	pursuant to paragraph (c) which includes an explanation of why
615	he or she failed to appear. The employee may appeal to a judge
616	of compensation claims for reimbursement when the carrier
617	withholds payment in excess of the authority granted by this
618	section.
619	(9) FAILURE OR REFUSAL TO ATTEND MEDICAL APPOINTMENT.--
620	(a) If the employee fails or refuses to attend a scheduled
621	medical appointment with an authorized treating physician, the
622	employer or carrier shall reschedule the appointment and provide
623	the employee with at least 7 days' written notice of the
624	rescheduled appointment, including the date and time of the
625	appointment. If the employee fails or refuses to attend a
626	rescheduled appointment, the employee shall be barred from
627	recovering compensation benefits for any period during which he
628	or she has refused to submit to such examination. Upon the
629	employee subsequently attending a rescheduled appointment, he or
630	she shall advise the employer or carrier of such attendance by
631	certificate of mailing and the employer or carrier shall
632	thereupon reinstate benefits within 14 days after receipt,
633	effective upon the date of such attendance.
634	(b)(e)No medical opinion other than the opinion of a
635	medical advisor appointed by the judge of compensation claims or
636	agency, an independent medical examiner, or an authorized
637	treating provider is admissible in proceedings before the judges
638	of compensation claims.
639	(c)(f)Attorney's fees incurred by an injured employee in
640	connection with delay of or opposition to an independent medical
641	examination, including, but not limited to, motions for
642	protective orders, are not recoverable under this chapter.
643	Section 6. Subsections (6), (7), and (8) of section
644	440.13, Florida Statutes, are renumbered as section 440.131,
645	Florida Statutes, and amended to read:
646	440.131 Utilization review; reimbursement disputes;
647	overutilization.--
648	(1)(6)UTILIZATION REVIEW.--Carriers shall review all
649	bills, invoices, and other claims for payment submitted by
650	health care providers in order to identify overutilization and
651	billing errors, and may hire peer review consultants or conduct
652	independent medical evaluations. Such consultants, including
653	peer review organizations, are immune from liability in the
654	execution of their functions under this subsection to the extent
655	provided in s. 766.101. If a carrier finds that overutilization
656	of medical services or a billing error has occurred, it must
657	disallow or adjust payment for such services or error without
658	order of a judge of compensation claims or the agency, if the
659	carrier, in making its determination, has complied with this
660	section and rules adopted by the agency.
661	(2)(7)UTILIZATION AND REIMBURSEMENT DISPUTES.--
662	(a) Any health care provider, carrier, or employer who
663	elects to contest the disallowance or adjustment of payment by a
664	carrier under subsection (1)(6)must, within 30 days after
665	receipt of notice of disallowance or adjustment of payment,
666	petition the agency to resolve the dispute. The petitioner must
667	serve a copy of the petition on the carrier and on all affected
668	parties by certified mail. The petition must be accompanied by
669	all documents and records that support the allegations contained
670	in the petition. Failure of a petitioner to submit such
671	documentation to the agency results in dismissal of the
672	petition.
673	(b) The carrier must submit to the agency within 10 days
674	after receipt of the petition all documentation substantiating
675	the carrier's disallowance or adjustment. Failure of the carrier
676	to submit the requested documentation to the agency within 10
677	days constitutes a waiver of all objections to the petition.
678	(c) Within 60 days after receipt of all documentation, the
679	agency must provide to the petitioner, the carrier, and the
680	affected parties a written determination of whether the carrier
681	properly adjusted or disallowed payment. The agency must be
682	guided by standards and policies set forth in this chapter,
683	including all applicable reimbursement schedules, in rendering
684	its determination.
685	(d) If the agency finds an improper disallowance or
686	improper adjustment of payment by an insurer, the insurer shall
687	reimburse the health care provider, facility, insurer, or
688	employer within 30 days, subject to the penalties provided in
689	this subsection.
690	(e) The agency shall adopt rules to carry out this
691	subsection. The rules may include provisions for consolidating
692	petitions filed by a petitioner and expanding the timetable for
693	rendering a determination upon a consolidated petition.
694	(f) Any carrier that engages in a pattern or practice of
695	arbitrarily or unreasonably disallowing or reducing payments to
696	health care providers may be subject to one or more of the
697	following penalties imposed by the agency:
698	1. Repayment of the appropriate amount to the health care
699	provider.
700	2. An administrative fine assessed by the agency in an
701	amount not to exceed $5,000 per instance of improperly
702	disallowing or reducing payments.
703	3. Award of the health care provider's costs, including a
704	reasonable attorney's fee, for prosecuting the petition.
705	(3)(8)PATTERN OR PRACTICE OF OVERUTILIZATION.--
706	(a) Carriers must report to the agency all instances of
707	overutilization including, but not limited to, all instances in
708	which the carrier disallows or adjusts payment. The agency shall
709	determine whether a pattern or practice of overutilization
710	exists.
711	(b) If the agency determines that a health care provider
712	has engaged in a pattern or practice of overutilization or a
713	violation of this chapter or rules adopted by the agency, it may
714	impose one or more of the following penalties:
715	1. An order of the agency barring the provider from
716	payment under this chapter;
717	2. Deauthorization of care under review;
718	3. Denial of payment for care rendered in the future;
719	4. Decertification of a health care provider certified as
720	an expert medical advisor under s. 440.13(10)subsection (9)or
721	of a rehabilitation provider certified under s. 440.49;
722	5. An administrative fine assessed by the agency in an
723	amount not to exceed $5,000 per instance of overutilization or
724	violation; and
725	6. Notification of and review by the appropriate licensing
726	authority pursuant to s. 440.106(3).
727	Section 7. Subsection (11) of section 440.13, Florida
728	Statutes, is renumbered as section 440.1312, Florida Statutes,
729	and amended to read:
730	440.1312(11)Audits by Agency for Health Care
731	Administration and the Department of Insurance; jurisdiction.--
732	(1)(a)The Agency for Health Care Administration may
733	investigate health care providers to determine whether providers
734	are complying with this chapter and with rules adopted by the
735	agency, whether the providers are engaging in overutilization,
736	and whether providers are engaging in improper billing
737	practices. If the agency finds that a health care provider has
738	improperly billed, overutilized, or failed to comply with agency
739	rules or the requirements of this chapter it must notify the
740	provider of its findings and may determine that the health care
741	provider may not receive payment from the carrier or may impose
742	penalties as set forth in s. 440.131(3)subsection (8)or other
743	sections of this chapter. If the health care provider has
744	received payment from a carrier for services that were
745	improperly billed or for overutilization, it must return those
746	payments to the carrier. The agency may assess a penalty not to
747	exceed $500 for each overpayment that is not refunded within 30
748	days after notification of overpayment by the agency or carrier.
749	(2)(b)The department shall monitor and audit carriers as
750	provided in s. 624.3161, to determine if medical bills are paid
751	in accordance with this section and department rules. Any
752	employer, if self-insured, or carrier found by the division not
753	to be within 90 percent compliance as to the payment of medical
754	bills after July 1, 1994, must be assessed a fine not to exceed
755	1 percent of the prior year's assessment levied against such
756	entity under s. 440.51 for every quarter in which the entity
757	fails to attain 90-percent compliance. The department shall fine
758	or otherwise discipline an employer or carrier, pursuant to this
759	chapter, the insurance code, or rules adopted by the department,
760	for each late payment of compensation that is below the minimum
761	90-percent performance standard. Any carrier that is found to be
762	not in compliance in subsequent consecutive quarters must
763	implement a medical-bill review program approved by the
764	division, and the carrier is subject to disciplinary action by
765	the Department of Insurance.
766	(3)(c)The agency has exclusive jurisdiction to decide any
767	matters concerning reimbursement, to resolve any overutilization
768	dispute under s. 440.131(2)subsection (7), and to decide any
769	question concerning overutilization under s. 440.131(3)
770	subsection (8), which question or dispute arises after January
771	1, 1994.
772	(4)(d)The following agency actions do not constitute
773	agency action subject to review under ss. 120.569 and 120.57 and
774	do not constitute actions subject to s. 120.56: referral by the
775	entity responsible for utilization review; a decision by the
776	agency to refer a matter to a peer review committee;
777	establishment by a health care provider or entity of procedures
778	by which a peer review committee reviews the rendering of health
779	care services; and the review proceedings, report, and
780	recommendation of the peer review committee.
781	Section 8. Subsections (12), (13), and (14) of section
782	440.13, Florida Statutes, are renumbered as section 440.1313,
783	Florida Statutes, and amended to read:
784	440.1313 Panel; maximum reimbursement; physician removal;
785	payment of medical fees.--
786	(1)(12)CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
787	REIMBURSEMENT ALLOWANCES.--
788	(a) A three-member panel is created, consisting of the
789	Chief Financial Officer or the Chief Financial Officer's
790	Insurance Commissioner, or the Insurance Commissioner's
791	designee, and two members to be appointed by the Governor,
792	subject to confirmation by the Senate, one member who, on
793	account of present or previous vocation, employment, or
794	affiliation, shall be classified as a representative of
795	employers, the other member who, on account of previous
796	vocation, employment, or affiliation, shall be classified as a
797	representative of employees. The panel shall determine statewide
798	schedules of maximum reimbursement allowances for medically
799	necessary treatment, care, and attendance provided by
800	physicians, hospitals, ambulatory surgical centers, work-
801	hardening programs, pain programs, and durable medical
802	equipment. The maximum reimbursement allowances for inpatient
803	hospital care shall be based on a schedule of per diem rates, to
804	be approved by the three-member panel no later than March 1,
805	1994, to be used in conjunction with a precertification manual
806	as determined by the agency. All compensable charges for
807	hospital outpatient care shall be reimbursed at 75 percent of
808	usual and customary charges. Until the three-member panel
809	approves a schedule of per diem rates for inpatient hospital
810	care and it becomes effective, all compensable charges for
811	hospital inpatient care must be reimbursed at 75 percent of
812	their usual and customary charges. Annually, the three-member
813	panel shall adopt schedules of maximum reimbursement allowances
814	for physicians, hospital inpatient care, hospital outpatient
815	care, ambulatory surgical centers, work-hardening programs, and
816	pain programs. However, the maximum percentage of increase in
817	the individual reimbursement allowance may not exceed the
818	percentage of increase in the Consumer Price Index for the
819	previous year. An individual physician, hospital, ambulatory
820	surgical center, pain program, or work-hardening program shall
821	be reimbursed either the usual and customary charge for
822	treatment, care, and attendance, the agreed-upon contract price,
823	or the maximum reimbursement allowance in the appropriate
824	schedule, whichever is less.
825	(b) As to reimbursement for a prescription medication, the
826	reimbursement amount for a prescription shall be the average
827	wholesale price times 1.2 plus $4.18 for the dispensing fee,
828	except where the carrier has contracted for a lower amount. Fees
829	for pharmaceuticals and pharmaceutical services shall be
830	reimbursable at the applicable fee schedule amount. Where the
831	employer or carrier has contracted for such services and the
832	employee elects to obtain them through a provider not a party to
833	the contract, the carrier shall reimburse at the schedule,
834	negotiated, or contract price, whichever is lower.
835	(c) Reimbursement for all fees and other charges for such
836	treatment, care, and attendance, including treatment, care, and
837	attendance provided by any hospital or other health care
838	provider, ambulatory surgical center, work-hardening program, or
839	pain program, must not exceed the amounts provided by the
840	uniform schedule of maximum reimbursement allowances as
841	determined by the panel or as otherwise provided in this
842	section. This subsection also applies to independent medical
843	examinations performed by health care providers under this
844	chapter. Until the three-member panel approves a uniform
845	schedule of maximum reimbursement allowances and it becomes
846	effective, all compensable charges for treatment, care, and
847	attendance provided by physicians, ambulatory surgical centers,
848	work-hardening programs, or pain programs shall be reimbursed at
849	the lowest maximum reimbursement allowance across all 1992
850	schedules of maximum reimbursement allowances for the services
851	provided regardless of the place of service. In determining the
852	uniform schedule, the panel shall first approve the data which
853	it finds representative of prevailing charges in the state for
854	similar treatment, care, and attendance of injured persons. Each
855	health care provider, health care facility, ambulatory surgical
856	center, work-hardening program, or pain program receiving
857	workers' compensation payments shall maintain records verifying
858	their usual charges. In establishing the uniform schedule of
859	maximum reimbursement allowances, the panel must consider:
860	1. The levels of reimbursement for similar treatment,
861	care, and attendance made by other health care programs or
862	third-party providers;
863	2. The impact upon cost to employers for providing a level
864	of reimbursement for treatment, care, and attendance which will
865	ensure the availability of treatment, care, and attendance
866	required by injured workers;
867	3. The financial impact of the reimbursement allowances
868	upon health care providers and health care facilities, including
869	trauma centers as defined in s. 395.4001, and its effect upon
870	their ability to make available to injured workers such
871	medically necessary remedial treatment, care, and attendance.
872	The uniform schedule of maximum reimbursement allowances must be
873	reasonable, must promote health care cost containment and
874	efficiency with respect to the workers' compensation health care
875	delivery system, and must be sufficient to ensure availability
876	of such medically necessary remedial treatment, care, and
877	attendance to injured workers; and
878	4. The most recent average maximum allowable rate of
879	increase for hospitals determined by the Health Care Board under
880	chapter 408.
881	(d) In addition to establishing the uniform schedule of
882	maximum reimbursement allowances, the panel shall:
883	1. Take testimony, receive records, and collect data to
884	evaluate the adequacy of the workers' compensation fee schedule,
885	nationally recognized fee schedules and alternative methods of
886	reimbursement to certified health care providers and health care
887	facilities for inpatient and outpatient treatment and care.
888	2. Survey certified health care providers and health care
889	facilities to determine the availability and accessibility of
890	workers' compensation health care delivery systems for injured
891	workers.
892	3. Survey carriers to determine the estimated impact on
893	carrier costs and workers' compensation premium rates by
894	implementing changes to the carrier reimbursement schedule or
895	implementing alternative reimbursement methods.
896	4. Submit recommendations on or before January 1, 2003,
897	and biennially thereafter, to the President of the Senate and
898	the Speaker of the House of Representatives on methods to
899	improve the workers' compensation health care delivery system.
900
901	The division shall provide data to the panel, including but not
902	limited to, utilization trends in the workers' compensation
903	health care delivery system. The division shall provide the
904	panel with an annual report regarding the resolution of medical
905	reimbursement disputes and any actions pursuant to s. 440.131(3)
906	440.13(8). The division shall provide administrative support and
907	service to the panel to the extent requested by the panel.
908	(2)(13)REMOVAL OF PHYSICIANS FROM LISTS OF THOSE
909	AUTHORIZED TO RENDER MEDICAL CARE.--The agency shall remove from
910	the list of physicians or facilities authorized to provide
911	remedial treatment, care, and attendance under this chapter the
912	name of any physician or facility found after reasonable
913	investigation to have:
914	(a) Engaged in professional or other misconduct or
915	incompetency in connection with medical services rendered under
916	this chapter;
917	(b) Exceeded the limits of his or her or its professional
918	competence in rendering medical care under this chapter, or to
919	have made materially false statements regarding his or her or
920	its qualifications in his or her application;
921	(c) Failed to transmit copies of medical reports to the
922	employer or carrier, or failed to submit full and truthful
923	medical reports of all his or her or its findings to the
924	employer or carrier as required under this chapter;
925	(d) Solicited, or employed another to solicit for himself
926	or herself or itself or for another, professional treatment,
927	examination, or care of an injured employee in connection with
928	any claim under this chapter;
929	(e) Refused to appear before, or to answer upon request
930	of, the agency or any duly authorized officer of the state, any
931	legal question, or to produce any relevant book or paper
932	concerning his or her conduct under any authorization granted to
933	him or her under this chapter;
934	(f) Self-referred in violation of this chapter or other
935	laws of this state; or
936	(g) Engaged in a pattern of practice of overutilization or
937	a violation of this chapter or rules adopted by the agency.
938	(3)(14)PAYMENT OF MEDICAL FEES.--
939	(a) Except for emergency care treatment, fees for medical
940	services are payable only to a health care provider certified
941	and authorized to render remedial treatment, care, or attendance
942	under this chapter. A health care provider may not collect or
943	receive a fee from an injured employee within this state, except
944	as otherwise provided by this chapter. Such providers have
945	recourse against the employer or carrier for payment for
946	services rendered in accordance with this chapter.
947	(b) Fees charged for remedial treatment, care, and
948	attendance, except for independent medical examinations, may not
949	exceed the applicable fee schedules adopted under this chapter.
950	(c) Notwithstanding any other provision of this chapter,
951	following overall maximum medical improvement from an injury
952	compensable under this chapter, the employee is obligated to pay
953	a copayment of $10 per visit for medical services. The copayment
954	shall not apply to emergency care provided to the employee.
955	Section 9. Subsection (15) of section 440.13, Florida
956	Statutes, is renumbered as section 440.1314, Florida Statutes,
957	and amended to read:
958	440.1314(15)Practice parameters.--
959	(1)(a)The Agency for Health Care Administration, in
960	conjunction with the department and appropriate health
961	professional associations and health-related organizations shall
962	develop and may adopt by rule scientifically sound practice
963	parameters for medical procedures relevant to workers'
964	compensation claimants. Practice parameters developed under this
965	section must focus on identifying effective remedial treatments
966	and promoting the appropriate utilization of health care
967	resources. Priority must be given to those procedures that
968	involve the greatest utilization of resources either because
969	they are the most costly or because they are the most frequently
970	performed. Practice parameters for treatment of the 10 top
971	procedures associated with workers' compensation injuries
972	including the remedial treatment of lower-back injuries must be
973	developed by December 31, 1994.
974	(2)(b)The guidelines may be initially based on guidelines
975	prepared by nationally recognized health care institutions and
976	professional organizations but should be tailored to meet the
977	workers' compensation goal of returning employees to full
978	employment as quickly as medically possible, taking into
979	consideration outcomes data collected from managed care
980	providers and any other inpatient and outpatient facilities
981	serving workers' compensation claimants.
982	(3)(c)Procedures must be instituted which provide for the
983	periodic review and revision of practice parameters based on the
984	latest outcomes data, research findings, technological
985	advancements, and clinical experiences, at least once every 3
986	years.
987	(4)(d)Practice parameters developed under this section
988	must be used by carriers and the agency in evaluating the
989	appropriateness and overutilization of medical services provided
990	to injured employees.
991	Section 10. Paragraphs (b) and (c) of subsection (2) of
992	section 440.13, Florida Statutes, are redesignated as section
993	440.1315, Florida Statutes, and amended to read:
994	440.1315 Attendant care services.--
995	(1)(b)The employer shall provide appropriate professional
996	or nonprofessional attendant care performed only at the
997	direction and control of a physician when such care is medically
998	necessary. The value of nonprofessional attendant care provided
999	by a family member must be determined as follows:
1000	(a)1.If the family member is not employed, the per-hour
1001	value equals the federal minimum hourly wage.
1002	(b)2.If the family member is employed and elects to leave
1003	that employment to provide attendant or custodial care, the per-
1004	hour value of that care equals the per-hour value of the family
1005	member's former employment, not to exceed the per-hour value of
1006	such care available in the community at large. A family member
1007	or a combination of family members providing nonprofessional
1008	attendant care under this subsectionparagraphmay not be
1009	compensated for more than a total of 12 hours per day.
1010	(2)(c)If the employer fails to provide treatment or care
1011	required by this section after request by the injured employee,
1012	the employee may obtain such treatment at the expense of the
1013	employer, if the treatment is compensable and medically
1014	necessary. There must be a specific request for the treatment,
1015	and the employer or carrier must be given a reasonable time
1016	period within which to provide the treatment or care. However,
1017	the employee is not entitled to recover any amount personally
1018	expended for the treatment or service unless he or she has
1019	requested the employer to furnish that treatment or service and
1020	the employer has failed, refused, or neglected to do so within a
1021	reasonable time or unless the nature of the injury requires such
1022	treatment, nursing, and services and the employer or his or her
1023	superintendent or foreman, having knowledge of the injury, has
1024	neglected to provide the treatment or service.
1025	(3)(a) When the employer or carrier has voluntarily
1026	provided attendant care services without stipulation and order
1027	of the judge of compensation claims and the employer or carrier
1028	desires to terminate the attendant care services, the employer
1029	or carrier shall give the employee 7 days' written notice of
1030	termination by certificate of mailing that the employee’s
1031	eligibility for attendant care services has been terminated,
1032	provide the employee with a copy of any supporting documentation
1033	for said termination, and advise the employee of his or her
1034	right to file a petition for benefits on the issue. The
1035	employer's or carrier’s failure to comply with these time
1036	provisions shall result in a waiver of any time period in which
1037	to file a petition for benefits on the issue. The evidence of
1038	any investigator, adjuster, or other witness in the nature of
1039	surveillance shall be subject to discovery when such evidence
1040	will be used at trial, provided the party intending to use such
1041	evidence is first given a reasonable opportunity to depose the
1042	party or witness who is the subject of the surveillance.
1043	(b) If the employee objects to the employer's or carrier’s
1044	termination or denial of attendant care services, the employee
1045	shall have 21 days after the date the notice of termination or
1046	notice of denial was mailed by certificate of mailing to object
1047	to the termination or denial of attendant care services by
1048	filing a petition for benefits for the provision of attendant
1049	care services. The employee’s petition for benefits on the issue
1050	of attendant care services shall include a statement of the
1051	period in dispute, copies of all medical records related to the
1052	alleged need for continues attendant care based on medical
1053	opinions pursuant to s. 440.13(9)(b), employment, wage,
1054	vocational reports, unemployment records, and the records
1055	required by paragraph (c). Copies of said records and reports
1056	shall be mailed to the opposing parties no later than 10 days
1057	after the date of the filing of the petition for benefits.
1058	(c) When an employee seeks the provision of professional
1059	or nonprofessional attendant care services, the employee shall
1060	file a petition for benefits that sets forth the nature of the
1061	attendant care benefits being sought, including, but not limited
1062	to, a copy of the prescription which includes a medical opinion
1063	pursuant to s. 440.13(9)(b) indicating the time period for which
1064	services shall be provided, the nature of the services to be
1065	provided, and the length of time they are to be provided. If the
1066	employee seeks to have nonprofessional attendant care services
1067	provided by a family member, the petition for benefits shall
1068	contain the name and social security number of the family
1069	member, the number of hours of nonprofessional attendant care
1070	services being provided by the family member, and the per-hour
1071	value of the family member's former employment. If the family
1072	member remains employed and seeks payment for nonprofessional
1073	attendant care services, the family member shall produce payroll
1074	records documenting the hours worked in other employment during
1075	the period for which nonprofessional attendant care services are
1076	claimed. Any claim for nonprofessional attendant care shall
1077	contain the fraud notice contained in s. 440.1051 and shall be
1078	personally signed and attested to by the family member providing
1079	such care.
1080	(d) When the employer or carrier denies the payment of
1081	attendant care services, the employer or carrier shall give the
1082	employee 7 days' written notice of denial by certificate of
1083	mailing that the employee’s attendant care services are being
1084	denied; provide the employee with a copy of any documentation
1085	for said denial, including any medical reports, employment
1086	information, wage documentation, and unemployment records; and
1087	advise the employee of his or her right to request a hearing on
1088	the issue of attendant care services by filing a petition for
1089	benefits for the provision of attendant care services. The
1090	employer's or carrier’s failure to comply with the requirements
1091	of this subsection shall result in a waiver of any time period
1092	in which to file a petition for benefits on the issue. The
1093	evidence of any investigator, adjuster, or other witness in the
1094	nature of surveillance shall be subject to discovery when such
1095	evidence will be used at trial, provided the party intending to
1096	use such evidence is first given a reasonable opportunity to
1097	depose the party or witness who is the subject of the
1098	surveillance.
1099	(4) The failure of the employer, carrier, or employee to
1100	provide the documentation required by this section shall result
1101	in the same being excluded from evidence at any trial of this
1102	issue.
1103	Section 11. Section 440.145, Florida Statutes, is created
1104	to read:
1105	440.145 Average weekly wage; compensation rate.--
1106	(1) The employee shall prepare, sign, and return to the
1107	employer and carrier, within 14 days after receipt of a written
1108	request by the employer or carrier by certificate of mailing, a
1109	release of information allowing the employer or carrier to
1110	obtain any and all information regarding concurrent employment.
1111	No petition for benefits may be filed on the average weekly
1112	wage issue until the signed release of information is prepared
1113	and provided to the employer and carrier by the employee and the
1114	employee has produced the requisite information regarding
1115	concurrent employment and applicable fringe benefits includable
1116	in the average weekly wage and corresponding compensation rate
1117	calculation. Information regarding wages earned by the employee
1118	includable in the average weekly wage and corresponding
1119	compensation rate calculation that has not been disclosed by the
1120	employee prior to the filing of the petition for benefits on the
1121	average weekly wage issue shall not be admissible evidence.
1122	(2) If at any time after the employee’s industrial
1123	accident, the fringe benefits described in s. 440.02(28) are
1124	suspended or terminated, the employer shall notify the employee,
1125	the employee’s counsel, if any, and the carrier by filing an
1126	amended wage statement by certificate of mailing within 7 days
1127	after the date of the termination or suspension.
1128	(3) If the employer fails to provide an accurate and
1129	complete wage statement or notify the employee or the employee’s
1130	counsel by certificate of mailing of the suspension of any
1131	applicable fringe benefits as provided in this section, any
1132	period of compensation benefits paid to the employee during the
1133	period of such failure shall be paid at the maximum compensation
1134	rate pursuant to s. 440.12(2). Any period of compensation so
1135	paid shall not be subject to repayment by the employer or
1136	carrier pursuant to s. 440.1508(1).
1137	(4) When an employee disputes the average weekly wage and
1138	corresponding compensation rate, the employer shall, within 14
1139	days after receipt of the written request by certificate of
1140	mailing from the employee or the employee's counsel, provide the
1141	employee with a complete and accurate 13-week wage statement,
1142	including, but not limited to, gross wages as defined in s.
1143	440.02(28), wages for overtime work, vacation pay, commissions,
1144	bonuses, and gratuities. For weeks of zero earnings, the
1145	employer shall state whether work was available for the
1146	employee. If the employee received group health insurance
1147	benefits at the expense of the employer, the employer shall note
1148	the starting date of the benefits within such 13-week wage
1149	statement and the amount of the employer’s contribution on a
1150	weekly basis.
1151	(5) When an employee disputes the average weekly wage, the
1152	employee shall comply with s. 440.115. The employee’s petition
1153	for benefits disputing the average weekly wage shall include a
1154	wage statement of the employee’s gross wages for the 13 weeks
1155	prior to the accident, including the gross value of all employer
1156	paid fringe benefits and gross wages from any concurrent
1157	employment, together with the employee’s calculations as to what
1158	the correct average weekly wage and corresponding compensation
1159	rate should be. A copy of all such supporting wage and fringe
1160	benefits records shall be attached to the petition for benefits
1161	and made a part thereof. The failure of the employer or carrier
1162	to produce a 13-week wage statement, as provided in s. 440.115,
1163	constitutes a waiver of the employer's and carrier's right to
1164	dispute the average weekly wage and corresponding compensation
1165	rate.
1166	(6) In the event an employee claims the average weekly
1167	wage and corresponding compensation rate has been miscalculated
1168	because covered concurrent or seasonal wages have not been
1169	included in the calculation, the employee’s concurrent or
1170	seasonal employer shall, upon written request by certificate of
1171	mailing by the employee, employer, or carrier or their counsel,
1172	complete and provide to the requesting party a wage statement as
1173	provided by this chapter. If the concurrent or seasonal employer
1174	fails to provide the requested information within 14 days after
1175	receipt of the request and the employee prevails on the
1176	inclusion of the concurrent average weekly wage and
1177	corresponding compensation rate, the concurrent or seasonal
1178	employer's workers' compensation carrier or the employer, if
1179	self-insured, shall be liable for any employee’s attorney’s fee
1180	and taxable costs ordered by the judge of compensation claims
1181	attributable to the need to compel concurrent or seasonal
1182	employment information and inclusion of the concurrent or
1183	seasonal wages in the average weekly wage calculation.
1184	(7) When an employee has submitted a petition for benefits
1185	for a determination of the average weekly wage and corresponding
1186	compensation rate, the employee shall produce, within 14 days
1187	after receipt of a written request by the employer or carrier by
1188	certificate of mailing, copies of any and all documentation in
1189	the employee's possession regarding wages earned by the employee
1190	during the 13 weeks prior to the date of the accident, including
1191	all information regarding concurrent employment and applicable
1192	fringe benefits includable in the average weekly wage and
1193	corresponding compensation rate calculation. If the employee is
1194	claiming that he or she is a seasonal employee, the employee
1195	shall produce, within 14 days after receipt of a written request
1196	by the employer or carrier by certificate of mailing, copies of
1197	any and all documentation in the employee's possession regarding
1198	wages earned by the employee during the 52 weeks prior to the
1199	date of the accident, including all information regarding
1200	concurrent employment and applicable fringe benefits includable
1201	in the average weekly wage and corresponding compensation rate
1202	calculation.
1203	Section 12. Section 440.15, Florida Statutes, consisting
1204	of paragraphs (a) and (c) of subsection (2), is amended to read:
1205	440.15 Compensation for temporary total
1206	disability.--Compensation for temporary totaldisability shall
1207	be paid to the employee, subject to the limits provided in s.
1208	440.12(2), as follows:
1209	(1)(2)TEMPORARY TOTAL DISABILITY.--
1210	(a) In case of disability total in character but temporary
1211	in quality, 662/3 percent of the average weekly wages shall be
1212	paid to the employee during the continuance thereof, not to
1213	exceed 104 weeks except as provided in this subsection, s.
1214	440.12(1), and s. 440.14(3). Once the employee reaches the
1215	maximum number of weeks allowed, or the employee reaches the
1216	date of maximum medical improvement, whichever occurs earlier,
1217	temporary disability benefits shall cease and the injured
1218	worker's permanent impairment shall be determined.
1219	(b)(c)Temporary total disability benefits paid pursuant
1220	to this subsection shall include such period as may be
1221	reasonably necessary for training in the use of artificial
1222	members and appliances, and shall include such period as the
1223	employee may be receiving training and education under a program
1224	pursuant to s. 440.491. Notwithstanding s. 440.02, the date of
1225	maximum medical improvement for purposes of s. 440.1504
1226	paragraph (3)(b)shall be no earlier than the last day for which
1227	such temporary disability benefits are paid.
1228	(2) TERMINATION OF TEMPORARY TOTAL DISABILITY BENEFITS.--
1229	(a) Before terminating the payment of temporary total
1230	disability benefits, the employer or carrier shall give the
1231	employee 7 days' written notice by certificate of mailing that
1232	the benefits are to be terminated, provide the employee with a
1233	copy of any supporting documentation forming the basis for such
1234	termination, and advise the employee of his or her right to
1235	request a hearing on the issue of reinstatement of temporary
1236	total disability by filing a petition for benefits for the
1237	payment of temporary total disability. The employer's or
1238	carrier’s failure to comply with this time provision shall
1239	result in the waiver of the 21-day period provided in paragraph
1240	(b) within which an employee must file a petition for benefits
1241	on the issue.
1242	(b) If an employee objects to the employer’s termination
1243	of temporary total disability, the employee shall have 21 days
1244	after the date the notice of termination was mailed to object to
1245	the termination of temporary total disability by filing a
1246	petition for benefits for the payment of temporary total
1247	disability benefits. The employee’s petition for benefits on
1248	temporary total disability issues shall include a statement of
1249	the period in dispute, and copies of all medical records and
1250	reports based on a medical opinion pursuant to s. 440.13(9)(b)
1251	establishing that the employee remains temporarily and totally
1252	disabled. A copy of said petition for benefits and copies of
1253	supporting records and reports shall be filed pursuant to s.
1254	440.192(1) and shall also be mailed by certificate of mailing to
1255	opposing counsel, if any, no later than 7 days after the date of
1256	the filing of the petition for benefits.
1257	(c) If the petition for benefits has been filed by the
1258	employee within the time period set forth in paragraph (b) and
1259	all medical records and reports are served on the employer or
1260	carrier and its counsel, if any, no later than 7 days after the
1261	filing of the petition for benefits, temporary total disability
1262	shall continue until further order of the judge of compensation
1263	claims.
1264	(d) The employer or carrier shall be entitled to a credit
1265	pursuant to s. 440.1508(2) for any overpayment of temporary
1266	total disability as found by the judge of compensation claims.
1267	If the employer fails to continue payment of temporary total
1268	disability after the employee timely files the petition for
1269	benefits and timely mails all medical records and reports, the
1270	petition for benefits shall be heard under the procedure for
1271	expedited hearings. The employer or carrier is deemed to waive
1272	any objection to said proceedings. In addition to the
1273	requirements set forth in s. 440.20(6), a 20-percent penalty on
1274	all temporary total disability benefits paid as a result of the
1275	successful prosecution of such petition for benefits shall be
1276	assessed against the employer or carrier if the judge of
1277	compensation claims finds that temporary total disability
1278	benefits were due and owing.
1279	(e) When the employer or carrier denies the continued
1280	payment of temporary total disability benefits, the employer or
1281	carrier shall give the employee 7 days' written notice by
1282	certificate of mailing that the temporary total disability
1283	benefits are being denied, provide the employee with a copy of
1284	any documentation supporting said denial, including any medical
1285	records and reports based on a medical opinion pursuant to s.
1286	440.13(9)(b), and advise the employee of his or her right to
1287	request a hearing on the payment of temporary total disability
1288	benefits by filing a petition for benefits. The employer's or
1289	carrier’s failure to give the employee the required 7 days'
1290	notice shall result in a waiver of any time period in which to
1291	file a petition for benefits on this issue. The evidence of any
1292	investigator, adjuster, or other witness in the nature of
1293	surveillance shall be subject to discovery when such evidence
1294	will be used at trial, provided the party intending to use such
1295	evidence is first given a reasonable opportunity to depose the
1296	party or witness who is the subject of the surveillance. A copy
1297	of said petition for benefits and copies of supporting records
1298	and reports shall be filed pursuant to s. 440.192(1) and shall
1299	also be mailed by certificate of mailing to the employer and
1300	carrier and its legal counsel, if represented, no later than 7
1301	days after the date of the filing of the petition for benefits.
1302	(f) The failure of the employer or carrier or the employee
1303	to provide the documentation required by this section shall
1304	result in the same being excluded at trial.
1305	Section 13. Paragraph (b) of subsection (2) of section
1306	440.15, Florida Statutes, is redesignated as section 440.1501,
1307	Florida Statutes, and amended to read:
1308	440.1501 Compensation for catastrophic temporary total
1309	disability.--Compensation for catastrophic temporary total
1310	disability shall be paid to the employee, subject to the limits
1311	provided in s. 440.12(2), as follows:
1312	(1)(b) Notwithstanding the provisions of s. 440.15(1)(a)
1313	paragraph (a), an employee who has sustained the loss of an arm,
1314	leg, hand, or foot, has been rendered a paraplegic, paraparetic,
1315	quadriplegic, or quadriparetic, or has lost the sight of both
1316	eyes shall be paid temporary total disability of 80 percent of
1317	her or his average weekly wage. The increased temporary total
1318	disability compensation provided for in this subsection
1319	paragraphmust not extend beyond 6 months from the date of the
1320	accident. The compensation provided by this subsectionparagraph
1321	is not subject to the limits provided in s. 440.12(2), but
1322	instead is subject to a maximum weekly compensation rate of
1323	$700. If, at the conclusion of this period of increased
1324	temporary total disability compensation, the employee is still
1325	temporarily totally disabled, the employee shall continue to
1326	receive temporary total disability compensation as set forth in
1327	s. 440.15(1)(a) and (b)paragraphs (a) and (c). The period of
1328	time the employee has received this increased compensation will
1329	be counted as part of, and not in addition to, the maximum
1330	periods of time for which the employee is entitled to
1331	compensation under s. 440.15(1)(a)paragraph (a) but not s.
1332	440.15(1)(b)paragraph (c).
1333	(2) When an injured employee has been voluntarily paid
1334	catastrophic temporary total disability benefits by the employer
1335	or carrier and the employer or carrier desires to suspend or
1336	terminate the payment of catastrophic temporary total disability
1337	benefits, the employer or carrier shall give the employee 7
1338	days' written notice by certificate of mailing that the
1339	employee’s eligibility for catastrophic temporary total
1340	disability benefits will be terminated, provide the employee
1341	with a copy of any supporting documentation for said
1342	termination, and advise the employee of his or her right to
1343	request a hearing on the issue of reinstatement of catastrophic
1344	temporary total disability benefits by filing a petition for
1345	benefits. The employer's or carrier’s failure to comply with
1346	this time provision shall result in the waiver of the 21-day
1347	period provided in subsection (8) in which to file for a hearing
1348	on the issue. The evidence of any investigator, adjuster, or
1349	other witness in the nature of surveillance shall be subject to
1350	discovery when such evidence will be used at trial, provided the
1351	party intending to use such evidence is first given a reasonable
1352	opportunity to depose the party or witness who is the subject of
1353	the surveillance.
1354	(3) If the petition for benefits has been filed by the
1355	employee within the time period set forth in subsection (2) and
1356	all medical records and reports are served on the employer or
1357	carrier and its counsel, if any, no later than 7 days after the
1358	filing of the petition for benefits, temporary total disability
1359	shall continue until further order of the judge of compensation
1360	claims.
1361	(4) The employer or carrier shall be entitled to a credit
1362	pursuant to s. 440.1508(2) for any overpayment of temporary
1363	total disability as found by the judge of compensation claims.
1364	If the employer fails to continue payment of temporary total
1365	disability after the employee timely files the petition for
1366	benefits and timely mails all medical records and reports, the
1367	petition for benefits shall be heard under the procedure for
1368	expedited hearings. The employer or carrier is deemed to waive
1369	any objection to said proceedings. In addition to the
1370	requirements set forth in s. 440.20(6), a 20-percent penalty on
1371	all temporary total disability benefits paid as a result of the
1372	successful prosecution of such petition for benefits shall be
1373	assessed against the employer or carrier.
1374	(5) When the employer or carrier denies the continued
1375	payment of temporary total disability benefits, the employer or
1376	carrier shall give the employee 7 days' written notice by
1377	certificate of mailing that the temporary total disability
1378	benefits are being denied, provide the employee with a copy of
1379	any documentation supporting said denial, including any medical
1380	records and reports based on a medical opinion pursuant to s.
1381	440.13(9)(b), and advise the employee of his or her right to
1382	request a hearing on the payment of temporary total disability
1383	benefits by filing a petition for benefits. The employer's or
1384	carrier’s failure to give the employee the required 7 days'
1385	notice shall result in a waiver of any time period in which to
1386	file a petition for benefits on this issue. The evidence of any
1387	investigator, adjuster, or other witness in the nature of
1388	surveillance shall be subject to discovery when such evidence
1389	will be used at trial, provided the party intending to use such
1390	evidence is first given a reasonable opportunity to depose the
1391	party or witness who is the subject of the surveillance. A copy
1392	of said petition for benefits and copies of supporting records
1393	and reports shall be filed pursuant to s. 440.192(1) and shall
1394	also be mailed by certificate of mailing to the employer and
1395	carrier and its legal counsel, if any, no later than 7 days
1396	after the date of the filing of the petition for benefits.
1397	(6) The failure of the employer, carrier, or employee to
1398	provide the documentation required by this section shall result
1399	in the same being excluded at trial.
1400	(7) When the employer or carrier denies the payment of
1401	catastrophic temporary total disability benefits, the employer
1402	or carrier shall give the employee 7 days' written notice by
1403	certificate of mailing that the catastrophic temporary total
1404	disability benefits are being denied, provide the employee with
1405	a copy of any documentation supporting said denial, including
1406	any medical records and reports based on a medical opinion
1407	pursuant to s. 440.13(9)(b), employment, wage, and vocational
1408	reports and unemployment records, and advise the employee of his
1409	or her right to request a hearing on the payment of catastrophic
1410	temporary total disability benefits by filing a petition for
1411	benefits. The employer's or carrier’s failure to give the
1412	employee the required 7 days' notice shall result in a waiver of
1413	any time period in which to file a petition for benefits on this
1414	issue. The evidence of any investigator, adjuster, or other
1415	witness in the nature of surveillance shall be subject to
1416	discovery when such evidence will be used at trial, provided the
1417	party intending to use such evidence is first given a reasonable
1418	opportunity to depose the party or witness who is the subject of
1419	the surveillance.
1420	(8) If the employee objects to the employer's or carrier’s
1421	denial or termination of the payment of catastrophic temporary
1422	total disability benefits, the employee shall have 21 days after
1423	the date the notice of termination was sent to object to the
1424	termination or suspension of catastrophic temporary total
1425	disability benefits by filing a petition for benefits for the
1426	payment of catastrophic temporary total disability benefits. The
1427	employee’s petition for benefits on catastrophic temporary total
1428	disability issues shall include a statement of the period in
1429	dispute, copies of all medical reports based on a medical
1430	opinion pursuant to s. 440.13(9)(b), employment, wage, and
1431	vocational reports and unemployment records. A copy of said
1432	petition for benefits and copies shall be filed pursuant to s.
1433	440.192(1) and shall also be mailed by certificate of mailing to
1434	the employer, carrier and its legal counsel, if represented, no
1435	later than 10 days after the date of the filing of the petition
1436	for benefits.
1437	(9) The failure of the employer and carrier or the
1438	employee to provide the documentation required by this section
1439	shall result in the same being excluded at trial.
1440	(10) The department shall, by rule, provide for the
1441	periodic reporting to the department, employer, and carrier of
1442	all earned income, including social security benefits, by the
1443	injured employee who is entitled to or claiming benefits for
1444	temporary total disability. The employer and carrier are not
1445	required to make any payment of benefits for temporary total
1446	disability for any period during which the employee willfully
1447	fails or refuses to report such earned income upon request by
1448	the employer or carrier in the manner prescribed by rule. The
1449	rule must require the claimant to personally sign the claim form
1450	and attest that he or she has reviewed, understands, and
1451	acknowledges the foregoing under penalty of perjury.
1452	Section 14. Paragraph (d) of subsection (2) of section
1453	440.15, Florida Statutes, is redesignated as section 440.15015,
1454	Florida Statutes, and amended to read:
1455	440.15015 Reporting of income.--
1456	(d)The department shall, by rule, provide for the
1457	periodic reporting to the department, employer, or carrier of
1458	all earned income, including income from social security, by the
1459	injured employee who is entitled to or claiming benefits for
1460	temporary total disability. The employer or carrier is not
1461	required to make any payment of benefits for temporary total
1462	disability for any period during which the employee willfully
1463	fails or refuses to report upon request by the employer or
1464	carrier in the manner prescribed by the rules. The rule must
1465	require the claimant to personally sign the claim form and
1466	attest that she or he has reviewed, understands, and
1467	acknowledges the foregoing.
1468	Section 15. Subsection (4) of section 440.15, Florida
1469	Statutes, is renumbered as section 440.1502, Florida Statutes,
1470	and amended to read:
1471	440.1502 Compensation for temporary partial
1472	disability.--Compensation for temporary partial disability shall
1473	be paid to the employee, subject to the limits provided in s.
1474	440.12(2), as follows:
1475	(1)(4)TEMPORARY PARTIAL DISABILITY.--
1476	(a) In case of temporary partial disability, compensation
1477	shall be equal to 80 percent of the difference between 80
1478	percent of the employee's average weekly wage and the salary,
1479	wages, and other remuneration the employee is able to earn, as
1480	compared weekly; however, the weekly benefits may not exceed an
1481	amount equal to 662/3 percent of the employee's average weekly
1482	wage at the time of injury. In order to simplify the comparison
1483	of the preinjury average weekly wage with the salary, wages, and
1484	other remuneration the employee is able to earn, the department
1485	may by rule provide for the modification of the weekly
1486	comparison so as to coincide as closely as possible with the
1487	injured worker's pay periods. The amount determined to be the
1488	salary, wages, and other remuneration the employee is able to
1489	earn shall in no case be less than the sum actually being earned
1490	by the employee, including earnings from sheltered employment.
1491	(b) Such benefits shall be paid during the continuance of
1492	such disability, not to exceed a period of 104 weeks, as
1493	provided by this subsection and s. 440.15(1)subsection (2).
1494	Once the injured employee reaches the maximum number of weeks,
1495	temporary disability benefits cease and the injured worker's
1496	permanent impairment must be determined. The department may by
1497	rule specify forms and procedures governing the method of
1498	payment of temporary disability benefits for dates of accidents
1499	before January 1, 1994, and for dates of accidents on or after
1500	January 1, 1994.
1501	(c)1. If an employee has been released to return to work
1502	based on a medical opinion pursuant to s. 440.13(9)(b), the
1503	employer shall mail by certificate of mailing a Notice to
1504	Employee of Offer of Suitable Employment to the employee and the
1505	employee's attorney, if represented, at least 7 days prior to
1506	the date the employee is expected to return to work, after which
1507	benefits shall be suspended. The employer shall furnish a
1508	written job description of the employee’s job at the time of the
1509	accident or the job performed by the employee after the accident
1510	and a job description that forms the basis for the offer of
1511	suitable employment. The employer’s failure to produce this
1512	material within the time period provided shall preclude its use
1513	at any final hearing on a claim for temporary partial
1514	disability.
1515	2. If the employee has returned to work for the employer
1516	prior to maximum medical improvement and seeks payment of
1517	temporary partial disability, the employer shall mail by
1518	certificate of mailing the employee’s gross weekly wages to the
1519	carrier and its legal representative within 14 days after the
1520	employee submits a written request by certificate of mailing.
1521	(2) TERMINATION OF TEMPORARY PARTIAL DISABILITY
1522	BENEFITS.--
1523	(a) When an injured employee reaches maximum medical
1524	improvement and the employer or carrier desires to terminate the
1525	payment of temporary partial disability, the employer or carrier
1526	shall give the employee 7 days' written notice by certificate of
1527	mailing that the employee’s eligibility for temporary partial
1528	disability has been terminated, provide the employee with a copy
1529	of any supporting documentation for said termination, and advise
1530	the employee of his or her right to request a hearing on the
1531	issue of reinstatement of temporary partial disability benefits
1532	by filing a petition for benefits. The employer's or carrier’s
1533	failure to comply with this time provision results in its waiver
1534	of the 21-day period provided in paragraph (b) in which to file
1535	a petition for benefits on the issue. The evidence of any
1536	investigator, adjuster, or other witness in the nature of
1537	surveillance shall be subject to discovery when such evidence
1538	will be used at trial, provided the party intending to use such
1539	evidence is first given a reasonable opportunity to depose the
1540	party or witness who is the subject of the surveillance.
1541	(b) If the employee objects to the employer's or carrier’s
1542	termination or suspension of temporary partial disability, the
1543	employee shall have 21 days after the date the notice of
1544	termination was mailed to object to the termination or
1545	suspension of temporary partial disability benefits by filing a
1546	petition for benefits for payment of temporary partial
1547	disability benefits. The employee’s petition for benefits on
1548	temporary partial disability issues shall include a statement of
1549	the period in dispute, temporary partial disability forms for
1550	said periods with supporting wage information, copies of all
1551	medical reports establishing that the employee remains eligible
1552	for temporary partial disability benefits based on a medical
1553	opinion pursuant to s. 440.13(9)(b), and employment, wage, and
1554	vocational reports and unemployment records. Copies of said
1555	reports shall be sent to the opposing parties no later than 10
1556	days after the date of the filing of the petition for benefits.
1557	(c) When the employer or carrier denies the payment of
1558	temporary partial disability benefits for any other reason, an
1559	employer or carrier shall give the employee 7 days' written
1560	notice of denial by certificate of mailing that the employee’s
1561	temporary partial disability benefits are being denied, provide
1562	the employee with a copy of any documentation for said denial,
1563	including any medical reports based on a medical opinion
1564	pursuant to s. 440.13(9)(b), employment information, wage
1565	documentation, vocational reports, or unemployment records, and
1566	advise the employee of his or her right to request a hearing on
1567	the payment of temporary partial disability by filing a petition
1568	for benefits for the payment of temporary partial disability.
1569	The employer's or carrier’s failure to comply with the
1570	provisions of this section shall result in a waiver of any time
1571	period in which to file a petition for benefits on the issue of
1572	temporary partial disability benefits. The evidence of any
1573	investigator, adjuster, or other witness in the nature of
1574	surveillance shall be subject to discovery when such evidence
1575	will be used at trial, provided the party intending to use such
1576	evidence is first given a reasonable opportunity to depose the
1577	party or witness who is the subject of the surveillance.
1578	(d) The failure of the employer, carrier, or employee to
1579	provide the documentation required by this subsection shall
1580	result in the same being excluded at trial.
1581	Section 16. Paragraph (a) of subsection (3) of section
1582	440.15, Florida Statutes, is redesignated as section 440.1503,
1583	Florida Statutes, and amended to read:
1584	440.1503 Compensation for impairment.--Compensation for
1585	impairment shall be paid to the employee, subject to the limits
1586	provided in s. 440.12(2), as follows:
1587	(1)(3)PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
1588	(a) Impairment benefits.--
1589	(a)1.Once the employee has reached the date of maximum
1590	medical improvement, impairment benefits are due and payable
1591	within 20 days after the carrier has knowledge of the
1592	impairment.
1593	(b)2.The three-member panel, in cooperation with the
1594	department, shall establish and use a uniform permanent
1595	impairment rating schedule. This schedule must be based on
1596	medically or scientifically demonstrable findings as well as the
1597	systems and criteria set forth in the American Medical
1598	Association's Guides to the Evaluation of Permanent Impairment;
1599	the Snellen Charts, published by American Medical Association
1600	Committee for Eye Injuries; and the Minnesota Department of
1601	Labor and Industry Disability Schedules. The schedule should be
1602	based upon objective findings. The schedule shall be more
1603	comprehensive than the AMA Guides to the Evaluation of Permanent
1604	Impairment and shall expand the areas already addressed and
1605	address additional areas not currently contained in the guides.
1606	On August 1, 1979, and pending the adoption, by rule, of a
1607	permanent schedule, Guides to the Evaluation of Permanent
1608	Impairment, copyright 1977, 1971, 1988, by the American Medical
1609	Association, shall be the temporary schedule and shall be used
1610	for the purposes hereof. For injuries after July 1, 1990,
1611	pending the adoption by rule of a uniform disability rating
1612	agency schedule, the Minnesota Department of Labor and Industry
1613	Disability Schedule shall be used unless that schedule does not
1614	address an injury. In such case, the Guides to the Evaluation of
1615	Permanent Impairment by the American Medical Association shall
1616	be used. Determination of permanent impairment under this
1617	schedule must be made by a physician licensed under chapter 458,
1618	a doctor of osteopathic medicine licensed under chapters 458 and
1619	459, a chiropractic physician licensed under chapter 460, a
1620	podiatric physician licensed under chapter 461, an optometrist
1621	licensed under chapter 463, or a dentist licensed under chapter
1622	466, as appropriate considering the nature of the injury. No
1623	other persons are authorized to render opinions regarding the
1624	existence of or the extent of permanent impairment.
1625	(c)3.All impairment income benefits shall be based on an
1626	impairment rating using the impairment schedule referred to in
1627	paragraph (b)subparagraph 2. Impairment income benefits are
1628	paid weekly at the rate of 50 percent of the employee's average
1629	weekly temporary total disability benefit not to exceed the
1630	maximum weekly benefit under s. 440.12. An employee's
1631	entitlement to impairment income benefits begins the day after
1632	the employee reaches maximum medical improvement or the
1633	expiration of temporary benefits, whichever occurs earlier, and
1634	continues until the earlier of:
1635	1.a.The expiration of a period computed at the rate of 3
1636	weeks for each percentage point of impairment; or
1637	2.b.The death of the employee.
1638	(d)4.After the employee has been certified by a doctor as
1639	having reached maximum medical improvement or 6 weeks before the
1640	expiration of temporary benefits, whichever occurs earlier, the
1641	certifying doctor shall evaluate the condition of the employee
1642	and assign an impairment rating, using the impairment schedule
1643	referred to in paragraph (b)subparagraph 2. Compensation is not
1644	payable for the mental, psychological, or emotional injury
1645	arising out of depression from being out of work. If the
1646	certification and evaluation are performed by a doctor other
1647	than the employee's treating doctor, the certification and
1648	evaluation must be submitted to the treating doctor, and the
1649	treating doctor must indicate agreement or disagreement with the
1650	certification and evaluation. The certifying doctor shall issue
1651	a written report to the department, the employee, and the
1652	carrier certifying that maximum medical improvement has been
1653	reached, stating the impairment rating, and providing any other
1654	information required by the department by rule. If the employee
1655	has not been certified as having reached maximum medical
1656	improvement before the expiration of 102 weeks after the date
1657	temporary total disability benefits begin to accrue, the carrier
1658	shall notify the treating doctor of the requirements of this
1659	section.
1660	(e)5.The carrier shall pay the employee impairment income
1661	benefits for a period based on the impairment rating.
1662	(f)6.The department may by rule specify forms and
1663	procedures governing the method of payment of wage loss and
1664	impairment benefits for dates of accidents before January 1,
1665	1994, and for dates of accidents on or after January 1, 1994.
1666	(2) TERMINATION OF IMPAIRMENT BENEFITS.--
1667	(a) When an injured employee reaches maximum medical
1668	improvement and the employer or carrier desires to deny the
1669	claimant’s entitlement to the payment of impairment benefits or
1670	to terminate the continuing payment of impairment benefits, the
1671	employer or carrier shall give the employee 7 days' written
1672	notice by certificate of mailing that the employee’s entitlement
1673	to impairment benefits has been denied or the continuing payment
1674	of impairment benefits has been terminated, provide the employee
1675	with a copy of any supporting documentation for said denial or
1676	termination, and advise the employee of his or her right to
1677	request a hearing on said issues. The employer's or carrier’s
1678	failure to comply with this time provision shall result in the
1679	waiver of the 21-day period provided in paragraph (b) in which
1680	to file a petition for benefits on the issue. The evidence of
1681	any investigator, adjuster, or other witness in the nature of
1682	surveillance shall be subject to discovery when such evidence
1683	will be used at trial, provided the party intending to use such
1684	evidence is first given a reasonable opportunity to depose the
1685	party or witness who is the subject of the surveillance.
1686	(b) If the employee objects to the denial of his or her
1687	entitlement to the payment of impairment benefits or termination
1688	of the payment of impairment benefits, the employee shall have
1689	21 days after the date the notice of termination was mailed to
1690	object to the termination of the payment of impairment benefits
1691	by filing a petition for benefits for payment of impairment
1692	benefits. The employee’s petition for benefits on the payment of
1693	impairment benefits shall include a statement identifying all
1694	injuries for which impairment benefits are claimed and all
1695	medical records and reports documenting any permanent impairment
1696	rating assigned pursuant to the Florida Impairment Rating Guides
1697	based on medical opinions pursuant to s. 440.13(9)(b). Copies of
1698	said medical records and reports shall be mailed by certificate
1699	of mailing to the employer and carrier and its representative,
1700	no later than 10 days after the date of the filing of the
1701	petition for benefits for impairment benefits.
1702	(c) The failure of the employer, carrier, or employee to
1703	provide documentation required by this subsection shall result
1704	in the same being excluded at trial of this issue.
1705	Section 17. Paragraphs (b) and (c) of subsection (3) of
1706	section 440.15, Florida Statutes, are redesignated as section
1707	440.1504, Florida Statutes, and amended to read:
1708	440.1504 Supplemental benefits.--Supplemental benefits
1709	shall be paid to the employee, subject to the limits provided in
1710	s. 440.12(2), as follows:
1711	(1)(b)SUPPLEMENTAL BENEFITS.--
1712	(a)1. All supplemental benefits must be paid in accordance
1713	with this subsection.An employee is entitled to supplemental
1714	benefits as provided in this sectionparagraphas of the
1715	expiration of the impairment period, if:
1716	1.a.The employee has an impairment rating from the
1717	compensable injury of 20 percent or more as determined pursuant
1718	to this chapter;
1719	2.b.The employee has not returned to work or has returned
1720	to work earning less than 80 percent of the employee's average
1721	weekly wage as a direct result of the employee's impairment; and
1722	3.c.The employee has in good faith attempted to obtain
1723	employment commensurate with the employee's ability to work.
1724	(b)2.If an employee is not entitled to supplemental
1725	benefits at the time of payment of the final weekly impairment
1726	income benefit because the employee is earning at least 80
1727	percent of the employee's average weekly wage, the employee may
1728	become entitled to supplemental benefits at any time within 1
1729	year after the impairment income benefit period ends if:
1730	1.a.The employee earns wages that are less than 80
1731	percent of the employee's average weekly wage for a period of at
1732	least 90 days;
1733	2.b. The employee meets the other requirements of
1734	paragraph (a)subparagraph 1.; and
1735	3.c.The employee's decrease in earnings is a direct
1736	result of the employee's impairment from the compensable injury.
1737	(c)3.If an employee earns wages that are at least 80
1738	percent of the employee's average weekly wage for a period of at
1739	least 90 days during which the employee is receiving
1740	supplemental benefits, the employee ceases to be entitled to
1741	supplemental benefits for the filing period. Supplemental
1742	benefits that have been terminated shall be reinstated when the
1743	employee satisfies the conditions enumerated in paragraph (b)
1744	subparagraph 2. and files the statement required under paragraph
1745	(d)subparagraph 4. Notwithstanding any other provision, if an
1746	employee is not entitled to supplemental benefits for 12
1747	consecutive months, the employee ceases to be entitled to any
1748	additional income benefits for the compensable injury. If the
1749	employee is discharged within 12 months after losing entitlement
1750	under this sectionsubsection, benefits may be reinstated if the
1751	employee was discharged at that time with the intent to deprive
1752	the employee of supplemental benefits.
1753	(d)4.After the initial determination of supplemental
1754	benefits, the employee must file a statement with the carrier
1755	stating that the employee has earned less than 80 percent of the
1756	employee's average weekly wage as a direct result of the
1757	employee's impairment, stating the amount of wages the employee
1758	earned in the filing period, and stating that the employee has
1759	in good faith sought employment commensurate with the employee's
1760	ability to work. The statement must be filed quarterly on a form
1761	and in the manner prescribed by the department. The department
1762	may modify the filing period as appropriate to an individual
1763	case. Failure to file a statement relieves the carrier of
1764	liability for supplemental benefits for the period during which
1765	a statement is not filed.
1766	(e)5.The carrier shall begin payment of supplemental
1767	benefits not later than the seventh day after the expiration
1768	date of the impairment income benefit period and shall continue
1769	to timely pay those benefits. The carrier may request a
1770	mediation conference for the purpose of contesting the
1771	employee's entitlement to or the amount of supplemental income
1772	benefits.
1773	(f)6.Supplemental benefits are calculated quarterly and
1774	paid monthly. For purposes of calculating supplemental benefits,
1775	80 percent of the employee's average weekly wage and the average
1776	wages the employee has earned per week are compared quarterly.
1777	For purposes of this sectionparagraph, if the employee is
1778	offered a bona fide position of employment that the employee is
1779	capable of performing, given the physical condition of the
1780	employee and the geographic accessibility of the position, the
1781	employee's weekly wages are considered equivalent to the weekly
1782	wages for the position offered to the employee.
1783	(g)7.Supplemental benefits are payable at the rate of 80
1784	percent of the difference between 80 percent of the employee's
1785	average weekly wage determined pursuant to s. 440.14 and the
1786	weekly wages the employee has earned during the reporting
1787	period, not to exceed the maximum weekly income benefit under s.
1788	440.12.
1789	(h)8.The department may by rule define terms that are
1790	necessary for the administration of this section and forms and
1791	procedures governing the method of payment of supplemental
1792	benefits for dates of accidents before January 1, 1994, and for
1793	dates of accidents on or after January 1, 1994.
1794	(i)(c) Duration of temporary impairment and supplemental
1795	income benefits.--The employee's eligibility for temporary
1796	benefits, impairment income benefits, and supplemental benefits
1797	terminates on the expiration of 401 weeks after the date of
1798	injury.
1799	(2) TERMINATION OF SUPPLEMENTAL BENEFITS.--
1800	(a) When the employer or carrier desires to contest the
1801	employee’s eligibility for supplemental benefits or to terminate
1802	the payment of supplemental benefits, an employer or carrier
1803	shall give the employee 7 days' written notice by certificate of
1804	mailing that the employee’s entitlement to supplemental benefits
1805	is being contested, provide the employee with a copy of any
1806	supporting documentation for said denial, and advise the
1807	employee of his or her right to request a hearing on the issue
1808	of supplemental benefits by filing a petition for benefits. The
1809	employer's or carrier’s failure to comply with this time
1810	provision shall result in the waiver of the 21-day period
1811	provided in paragraph (b) in which to file a petition for
1812	benefits on the issue. The evidence of any investigator,
1813	adjuster, or other witness in the nature of surveillance shall
1814	be subject to discovery when such evidence will be used at
1815	trial, provided the party intending to use such evidence is
1816	first given a reasonable opportunity to depose the party or
1817	witness who is the subject of the surveillance.
1818	(b) If the employee objects to the employer's or carrier’s
1819	denial or termination of payment of supplemental benefits, the
1820	employee shall have 21 days after the date the notice of
1821	termination was mailed to object to the denial or termination of
1822	supplemental benefits by filing a petition for benefits for
1823	payment of supplemental benefits. The employee’s petition for
1824	benefits for supplemental benefits shall include a statement of
1825	the period in dispute and copies of all medical reports based on
1826	medical opinions pursuant to s. 440.13(9)(b), employment, wage,
1827	vocational reports, and unemployment records, or any other
1828	information to be offered at trial. Copies of said reports shall
1829	be sent to the employer and carrier and its representative no
1830	later than 10 days after the date of the filing of the petition
1831	for benefits.
1832	(c) When the employer or carrier denies the payment of
1833	supplemental benefits for any other reason, an employer or
1834	carrier shall give the employee 7 days' written notice of denial
1835	by certificate of mailing that the employee’s supplemental
1836	benefits are being denied, provide the employee with a copy of
1837	any documentation for said denial, including any medical,
1838	employment, wages, vocational reports, and unemployment records,
1839	and advise the employee of his or her right to request a hearing
1840	on the payment of supplemental benefits by filing a petition for
1841	benefits. The employer's or carrier’s failure to comply with
1842	this time provision shall result in a waiver of any time period
1843	in which to file a petition for benefits on the issue. The
1844	evidence of any investigator, adjuster, or other witness in the
1845	nature of surveillance shall be subject to discovery when such
1846	evidence will be used at trial, provided the party intending to
1847	use such evidence is first given a reasonable opportunity to
1848	depose the party or witness who is the subject of the
1849	surveillance.
1850	(d) If the employer or carrier denies eligibility for the
1851	payment of supplemental benefits or permanent total disability
1852	benefits because the employer or carrier has a job available to
1853	the employee, the employer or carrier shall provide the
1854	information set forth in s. 440.1502(1)(c)1. within 10 days
1855	after such job becomes available. The failure of the employer or
1856	carrier to produce this information within the timeframe
1857	provided shall preclude its use at any final hearing for
1858	supplemental benefits claims.
1859	(e) The failure of the employer, carrier, or employee to
1860	provide the documentation required by this section shall result
1861	in the same being excluded from evidence at any trial of this
1862	issue.
1863	Section 18. Subsection (1) of section 440.15, Florida
1864	Statutes, is renumbered as section 440.1505, Florida Statutes,
1865	and amended to read:
1866	440.1505 Compensation for permanent total
1867	disability.--Compensation for permanent total disability shall
1868	be paid to the employee, subject to the limits provided in s.
1869	440.12(2), as follows:
1870	(1) PERMANENT TOTAL DISABILITY.--
1871	(a) In case of total disability adjudged to be permanent,
1872	662/3 percent of the average weekly wages shall be paid to the
1873	employee during the continuance of such total disability.
1874	(b) Only a catastrophic injury as defined in s. 440.02
1875	shall, in the absence of conclusive proof of a substantial
1876	earning capacity, constitute permanent total disability. Only
1877	claimants with catastrophic injuries are eligible for permanent
1878	total benefits. In no other case may permanent total disability
1879	be awarded.
1880	(c) In cases of permanent total disability resulting from
1881	injuries that occurred prior to July 1, 1955, such payments
1882	shall not be made in excess of 700 weeks.
1883	(d) If an employee who is being paid compensation for
1884	permanent total disability becomes rehabilitated to the extent
1885	that she or he establishes an earning capacity, the employee
1886	shall be paid, instead of the compensation provided in paragraph
1887	(a), benefits pursuant to ss. 440.1503 and 440.1504subsection
1888	(3). The department shall adopt rules to enable a permanently
1889	and totally disabled employee who may have reestablished an
1890	earning capacity to undertake a trial period of reemployment
1891	without prejudicing her or his return to permanent total status
1892	in the case that such employee is unable to sustain an earning
1893	capacity.
1894	(e)1. The employer's or carrier's right to conduct
1895	vocational evaluations or testing pursuant to s. 440.491
1896	continues even after the employee has been accepted or
1897	adjudicated as entitled to compensation under this chapter. This
1898	right includes, but is not limited to, instances in which such
1899	evaluations or tests are recommended by a treating physician or
1900	independent medical-examination physician, instances warranted
1901	by a change in the employee's medical condition, or instances in
1902	which the employee appears to be making appropriate progress in
1903	recuperation. This right may not be exercised more than once
1904	every calendar year.
1905	2. The carrier must confirm the scheduling of the
1906	vocational evaluation or testing in writing, and must notify
1907	employee's counsel, if any, at least 7 days before the date on
1908	which vocational evaluation or testing is scheduled to occur.
1909	3. Pursuant to an order of the judge of compensation
1910	claims, the employer or carrier may withhold payment of benefits
1911	for permanent total disability or supplements for any period
1912	during which the employee willfully fails or refuses to appear
1913	without good cause for the scheduled vocational evaluation or
1914	testing.
1915	(f)1. If permanent total disability results from injuries
1916	that occurred subsequent to June 30, 1955, and for which the
1917	liability of the employer for compensation has not been
1918	discharged under s. 440.20(11), the injured employee shall
1919	receive additional weekly compensation benefits equal to 5
1920	percent of her or his weekly compensation rate, as established
1921	pursuant to the law in effect on the date of her or his injury,
1922	multiplied by the number of calendar years since the date of
1923	injury. The weekly compensation payable and the additional
1924	benefits payable under this paragraph, when combined, may not
1925	exceed the maximum weekly compensation rate in effect at the
1926	time of payment as determined pursuant to s. 440.12(2).
1927	Entitlement to these supplemental payments shall cease at age 62
1928	if the employee is eligible for social security benefits under
1929	42 U.S.C. ss. 402 and 423, whether or not the employee has
1930	applied for such benefits. These supplemental benefits shall be
1931	paid by the department out of the Workers' Compensation
1932	Administration Trust Fund when the injury occurred subsequent to
1933	June 30, 1955, and before July 1, 1984. These supplemental
1934	benefits shall be paid by the employer when the injury occurred
1935	on or after July 1, 1984. Supplemental benefits are not payable
1936	for any period prior to October 1, 1974.
1937	2.a. The department shall provide by rule for the periodic
1938	reporting to the department of all earnings of any nature and
1939	social security income by the injured employee entitled to or
1940	claiming additional compensation under subparagraph 1. Neither
1941	the department nor the employer or carrier shall make any
1942	payment of those additional benefits provided by subparagraph 1.
1943	for any period during which the employee willfully fails or
1944	refuses to report upon request by the department in the manner
1945	prescribed by such rules.
1946	b. The department shall provide by rule for the periodic
1947	reporting to the employer or carrier of all earnings of any
1948	nature and social security income by the injured employee
1949	entitled to or claiming benefits for permanent total disability.
1950	The employer or carrier is not required to make any payment of
1951	benefits for permanent total disability for any period during
1952	which the employee willfully fails or refuses to report upon
1953	request by the employer or carrier in the manner prescribed by
1954	such rules or if any employee who is receiving permanent total
1955	disability benefits refuses to apply for or cooperate with the
1956	employer or carrier in applying for social security benefits.
1957	3. When an injured employee receives a full or partial
1958	lump-sum advance of the employee's permanent total disability
1959	compensation benefits, the employee's benefits under this
1960	paragraph shall be computed on the employee's weekly
1961	compensation rate as reduced by the lump-sum advance.
1962	(2) TERMINATION OF PERMANENT TOTAL DISABILITY BENEFITS.--
1963	(a) When an injured employee has been voluntarily accepted
1964	as being permanently and totally disabled by the employer and
1965	carrier without stipulation of the parties or order of the judge
1966	of compensation claims, and the employer or carrier desires to
1967	suspend or terminate the payment of permanent total disability
1968	benefits, an employer or carrier shall give the employee 7 days'
1969	written notice by certificate of mailing that the employee’s
1970	eligibility for permanent total disability benefits has been
1971	terminated, provide the employee with a copy of any supporting
1972	documentation for said termination, and advise the employee of
1973	his or her right to request a hearing on the issue of
1974	reinstatement of permanent total disability benefits by filing a
1975	petition for benefits. The employer's or carrier’s failure to
1976	comply with this time provision shall result in the waiver of
1977	the period provided in paragraph (d) in which to file a petition
1978	for benefits on the issue. The evidence of any investigator,
1979	adjuster, or other witness in the nature of surveillance shall
1980	be subject to discovery when such evidence will be used at
1981	trial, provided the party intending to use such evidence is
1982	first given a reasonable opportunity to depose the party or
1983	witness who is the subject of the surveillance.
1984	(b) If the employee objects to the employer's or carrier’s
1985	termination of payment of permanent total disability benefits,
1986	the employee shall have 21 days after the date the notice of
1987	termination was mailed to object to the termination of permanent
1988	total disability by filing a petition for benefits for payment
1989	of permanent total disability. The employee’s petition for
1990	benefits on permanent total disability issues shall include a
1991	statement of the period in dispute, copies of all medical
1992	records and reports based on medical opinions pursuant to s.
1993	440.13(9)(b), and employment, wage, vocational, disability
1994	reports, and unemployment records. Copies of said records shall
1995	be mailed to the employer and carrier and its representative no
1996	later than 10 days after the date of the filing of the petition
1997	for benefits.
1998	(c) When the employer or carrier denies an employee's
1999	eligibility for the payment of permanent total disability
2000	benefits, an employer or carrier shall give the employee 7 days'
2001	written notice of denial by certificate of mailing that the
2002	employee’s permanent total disability benefits are being denied,
2003	provide the employee with a copy of any documentation for said
2004	denial, including any medical, employment, wages, vocational
2005	reports, and unemployment records, and advise the employee of
2006	his or her right to request a hearing on the payment of
2007	permanent total disability by filing a petition for benefits.
2008	The employer's or carrier’s failure to comply with this time
2009	provision shall result in a waiver of any time period in which
2010	to file a petition for benefits on this issue. The evidence of
2011	any investigator, adjuster, or other witness in the nature of
2012	surveillance shall be subject to discovery when such evidence
2013	will be used at trial, provided the party intending to use such
2014	evidence is first given a reasonable opportunity to depose the
2015	party or witness who is the subject of the surveillance.
2016	(d) If the employer or carrier denies the entitlement to
2017	permanent total disability benefits because the employer or
2018	carrier has a job available to the employee, the employer or
2019	carrier shall provide the information set forth in s.
2020	440.1502(1)(c)1. within 10 days after such job becomes
2021	available. The failure of the employer or carrier to produce
2022	this information within the timeframe provided shall preclude
2023	its use at any final hearing for permanent total disability
2024	claims.
2025	(e) If the employer or carrier denies eligibility for the
2026	payment of permanent total disability benefits because the
2027	employer or carrier has a job available to the employee, the
2028	employer or carrier shall provide the information set forth in
2029	s. 440.1502(1)(c)1. within 10 days after such job becomes
2030	available. The failure of the employer or carrier to produce
2031	this information within the timeframe provided shall preclude
2032	its use at any final hearing for permanent total disability
2033	benefits claims.
2034	(f) The failure of the employer, carrier, or employee to
2035	provide the documentation required by this subsection shall
2036	result in the same being excluded from evidence at any trial of
2037	this issue.
2038	Section 19. Subsections (5), (6), (7), (8), (9), and (12)
2039	of section 440.15, Florida Statutes, are renumbered as section
2040	440.1506, Florida Statutes, and amended to read:
2041	440.1506 Compensation for subsequent injury.--Compensation
2042	for subsequent injury shall be paid to the employee, subject to
2043	the limits provided in s. 440.12(2), as follows:
2044	(1)(5)SUBSEQUENT INJURY.--
2045	(a) The fact that an employee has suffered previous
2046	disability, impairment, anomaly, or disease, or received
2047	compensation therefor, shall not preclude her or him from
2048	benefits for a subsequent aggravation or acceleration of the
2049	preexisting condition nor preclude benefits for death resulting
2050	therefrom, except that no benefits shall be payable if the
2051	employee, at the time of entering into the employment of the
2052	employer by whom the benefits would otherwise be payable,
2053	falsely represents herself or himself in writing as not having
2054	previously been disabled or compensated because of such previous
2055	disability, impairment, anomaly, or disease and the employer
2056	detrimentally relies on the misrepresentation. Compensation for
2057	temporary disability, medical benefits, and wage-loss benefits
2058	shall not be subject to apportionment.
2059	(b) If a compensable permanent impairment, or any portion
2060	thereof, is a result of aggravation or acceleration of a
2061	preexisting condition, or is the result of merger with a
2062	preexisting impairment, an employee eligible to receive
2063	impairment benefits under s. 440.1503(1)paragraph (3)(a)shall
2064	receive such benefits for the total impairment found to result,
2065	excluding the degree of impairment existing at the time of the
2066	subject accident or injury or which would have existed by the
2067	time of the impairment rating without the intervention of the
2068	compensable accident or injury. The degree of permanent
2069	impairment attributable to the accident or injury shall be
2070	compensated in accordance with s. 440.1503(1)paragraph (3)(a).
2071	As used in this paragraph, "merger" means the combining of a
2072	preexisting permanent impairment with a subsequent compensable
2073	permanent impairment which, when the effects of both are
2074	considered together, result in a permanent impairment rating
2075	which is greater than the sum of the two permanent impairment
2076	ratings when each impairment is considered individually.
2077	(2)(6)OBLIGATION TO REHIRE.--If the employer has not in
2078	good faith made available to the employee, within a 100-mile
2079	radius of the employee's residence, work appropriate to the
2080	employee's physical limitations within 30 days after the carrier
2081	notifies the employer of maximum medical improvement and the
2082	employee's physical limitations, the employer shall pay to the
2083	department for deposit into the Workers' Compensation
2084	Administration Trust Fund a fine of $250 for every $5,000 of the
2085	employer's workers' compensation premium or payroll, not to
2086	exceed $2,000 per violation, as the department requires by rule.
2087	The employer is not subject to this subsection if the employee
2088	is receiving permanent total disability benefits or if the
2089	employer has 50 or fewer employees.
2090	(3)(7)EMPLOYEE REFUSES EMPLOYMENT.--If an injured
2091	employee refuses employment suitable to the capacity thereof,
2092	offered to or procured therefor, such employee shall not be
2093	entitled to any compensation at any time during the continuance
2094	of such refusal unless at any time in the opinion of the judge
2095	of compensation claims such refusal is justifiable.
2096	(4)(8)EMPLOYEE LEAVES EMPLOYMENT.--If an injured
2097	employee, when receiving compensation for temporary partial
2098	disability, leaves the employment of the employer by whom she or
2099	he was employed at the time of the accident for which such
2100	compensation is being paid, the employee shall, upon securing
2101	employment elsewhere, give to such former employer an affidavit
2102	in writing containing the name of her or his new employer, the
2103	place of employment, and the amount of wages being received at
2104	such new employment; and, until she or he gives such affidavit,
2105	the compensation for temporary partial disability will cease.
2106	The employer by whom such employee was employed at the time of
2107	the accident for which such compensation is being paid may also
2108	at any time demand of such employee an additional affidavit in
2109	writing containing the name of her or his employer, the place of
2110	her or his employment, and the amount of wages she or he is
2111	receiving; and if the employee, upon such demand, fails or
2112	refuses to make and furnish such affidavit, her or his right to
2113	compensation for temporary partial disability shall cease until
2114	such affidavit is made and furnished.
2115	(5)(9)EMPLOYEE BECOMES INMATE OF INSTITUTION.--In case an
2116	employee becomes an inmate of a public institution, then no
2117	compensation shall be payable unless she or he has dependent
2118	upon her or him for support a person or persons defined as
2119	dependents elsewhere in this chapter, whose dependency shall be
2120	determined as if the employee were deceased and to whom
2121	compensation would be paid in case of death; and such
2122	compensation as is due such employee shall be paid such
2123	dependents during the time she or he remains such inmate.
2124	(6)(12)FULL-PAY STATUS FOR CERTAIN LAW ENFORCEMENT
2125	OFFICERS.--Any law enforcement officer as defined in s.
2126	943.10(1), (2), or (3) who, while acting within the course of
2127	employment as provided by s. 440.091, is maliciously or
2128	intentionally injured and who thereby sustains a job-connected
2129	disability compensable under this chapter shall be carried in
2130	full-pay status rather than being required to use sick, annual,
2131	or other leave. Full-pay status shall be granted only after
2132	submission to the employing agency's head of a medical report
2133	which gives a current diagnosis of the employee's recovery and
2134	ability to return to work. In no case shall the employee's
2135	salary and workers' compensation benefits exceed the amount of
2136	the employee's regular salary requirements.
2137	Section 20. Subsections (10) and (11) of section 440.15,
2138	Florida Statutes, are renumbered as section 440.1507, Florida
2139	Statutes, and amended to read:
2140	440.1507 Eligibility for benefits.--
2141	(1)(10)EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
2142	AND FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.--
2143	(a) Weekly compensation benefits payable under this
2144	chapter for disability resulting from injuries to an employee
2145	who becomes eligible for benefits under 42 U.S.C. s. 423 shall
2146	be reduced to an amount whereby the sum of such compensation
2147	benefits payable under this chapter and such total benefits
2148	otherwise payable for such period to the employee and her or his
2149	dependents, had such employee not been entitled to benefits
2150	under this chapter, under 42 U.S.C. ss. 402 and 423, does not
2151	exceed 80 percent of the employee's average weekly wage.
2152	However, this provision shall not operate to reduce an injured
2153	worker's benefits under this chapter to a greater extent than
2154	such benefits would have otherwise been reduced under 42 U.S.C.
2155	s. 424(a). This reduction of compensation benefits is not
2156	applicable to any compensation benefits payable for any week
2157	subsequent to the week in which the injured worker reaches the
2158	age of 62 years.
2159	(b) If the provisions of 42 U.S.C. s. 424(a) are amended
2160	to provide for a reduction or increase of the percentage of
2161	average current earnings that the sum of compensation benefits
2162	payable under this chapter and the benefits payable under 42
2163	U.S.C. ss. 402 and 423 can equal, the amount of the reduction of
2164	benefits provided in this subsection shall be reduced or
2165	increased accordingly. The department may by rule specify forms
2166	and procedures governing the method for calculating and
2167	administering the offset of benefits payable under this chapter
2168	and benefits payable under 42 U.S.C. ss. 402 and 423. The
2169	department shall have first priority in taking any available
2170	social security offsets on dates of accidents occurring before
2171	July 1, 1984.
2172	(c) No disability compensation benefits payable for any
2173	week, including those benefits provided by s. 440.1505(1)(f)
2174	paragraph (1)(f), shall be reduced pursuant to this subsection
2175	until the Social Security Administration determines the amount
2176	otherwise payable to the employee under 42 U.S.C. ss. 402 and
2177	423 and the employee has begun receiving such social security
2178	benefit payments. The employee shall, upon demand by the
2179	department, the employer, or the carrier, authorize the Social
2180	Security Administration to release disability information
2181	relating to her or him and authorize the Division of
2182	Unemployment Compensation to release unemployment compensation
2183	information relating to her or him, in accordance with rules to
2184	be adopted by the department prescribing the procedure and
2185	manner for requesting the authorization and for compliance by
2186	the employee. Neither the department nor the employer or carrier
2187	shall make any payment of benefits for total disability or those
2188	additional benefits provided by s. 440.1505(1)(f)paragraph
2189	(1)(f)for any period during which the employee willfully fails
2190	or refuses to authorize the release of information in the manner
2191	and within the time prescribed by such rules. The authority for
2192	release of disability information granted by an employee under
2193	this paragraph shall be effective for a period not to exceed 12
2194	months, such authority to be renewable as the department may
2195	prescribe by rule.
2196	(d) If compensation benefits are reduced pursuant to this
2197	subsection, the minimum compensation provisions of s. 440.12(2)
2198	do not apply.
2199	(e)1. Within 30 days after any application for social
2200	security benefits, an employee who has filed a petition for
2201	benefits for workers’ compensation indemnity or medical benefits
2202	or who is receiving workers’ compensation indemnity or medical
2203	benefits shall notify the employer and carrier of the
2204	application and shall:
2205	a. Provide the employer and carrier by certificate of
2206	mailing with a copy or proof of such application.
2207	b. Provide the employer and carrier with a release of
2208	information within 14 days after written request by certificate
2209	of mailing by the employer or carrier which may be utilized by
2210	the employer or carrier to obtain the employee's social security
2211	file, including, but not limited to, average current earnings,
2212	primary insurance amount, and offset taken by the Social
2213	Security Administration.
2214	2. Within 30 days after an award or adjudication of any
2215	social security benefits, the employee shall provide a copy of
2216	said award or adjudication by certificate of mailing to the
2217	employer and carrier by certificate of mailing and provide the
2218	employer and carrier with a release as outlined in sub-
2219	subparagraph 1.b. by certificate of mailing. If the employee
2220	fails to provide the information required by this subparagraph,
2221	the employer and carrier shall nevertheless be entitled to any
2222	applicable social security disability offset retroactive to the
2223	date of the social security disability award or adjudication. If
2224	the employer or carrier fails to take the social security
2225	disability offset within 120 days after receipt of all
2226	information required in sub-subparagraph 1.b., the employer or
2227	carrier shall not be entitled to any retroactive social security
2228	disability offset.
2229	3. If the employee refuses or fails to provide the
2230	employer or carrier with a copy or proof of application for
2231	social security benefits, a release of information, and a copy
2232	of any social security award or adjudication, the employer or
2233	carrier shall not make any payment of compensation benefits for
2234	any period during which the employee continues such failure or
2235	refusal. No hearing on compensation benefits shall be scheduled
2236	at the request of the employee until the documents required by
2237	this paragraph are provided by certificate of mailing. The
2238	employer or carrier shall provide a copy of any and all
2239	information received by either the employer or carrier pursuant
2240	to sub-subparagraph 1.b. to the employee within 14 days after
2241	receipt of the information by certificate of mailing. No social
2242	security disability offset may be taken until the employer or
2243	carrier has provided a copy by certificate of mailing of all
2244	information received by it pursuant to sub-subparagraph 1.b. to
2245	the employee.
2246	4. Compensation or medical benefits withheld shall be
2247	reinstated without penalty, interest, costs, or attorney’s fees
2248	when the documents required by sub-subparagraph 1.b. and
2249	subparagraph 2., have been provided.
2250	(2)(11)EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
2251	WHO HAS RECEIVED OR IS ENTITLED TO RECEIVE UNEMPLOYMENT
2252	COMPENSATION.--
2253	(a) No compensation benefits shall be payable for
2254	temporary total disability or permanent total disability under
2255	this chapter for any week in which the injured employee has
2256	received, or is receiving, unemployment compensation benefits.
2257	(b) If an employee is entitled to temporary partial
2258	benefits pursuant to s. 440.1502(1)subsection (4)and
2259	unemployment compensation benefits, such unemployment
2260	compensation benefits shall be primary and the temporary partial
2261	benefits shall be supplemental only, the sum of the two benefits
2262	not to exceed the amount of temporary partial benefits which
2263	would otherwise be payable.
2264	Section 21. Subsection (13) of section 440.15, Florida
2265	Statutes, is renumbered as section 440.1508, Florida Statutes,
2266	and amended to read:
2267	440.1508 Repayment; miscalculation of benefits.--
2268	(1)(13)REPAYMENT.--If an employee has received a sum as
2269	an indemnity benefit under any classification or category of
2270	benefit under this chapter to which she or he is not entitled,
2271	the employee is liable to repay that sum to the employer or the
2272	carrier or to have that sum deducted from future benefits,
2273	regardless of the classification of benefits, payable to the
2274	employee under this chapter; however, a partial payment of the
2275	total repayment may not exceed 20 percent of the amount of the
2276	biweekly payment.
2277	(2) MISCALCULATION OF BENEFITS.--
2278	(a) When an employer or carrier alleges there has been an
2279	overpayment for which it is entitled to credit, the employer or
2280	carrier shall give 7 days' written notice by certificate of
2281	mailing of an overpayment; provide the employee with a copy of
2282	any supporting documentation, including, but not limited to, the
2283	payout sheet, overpayment calculations, social security
2284	disability offset calculations and material, Average Current
2285	Earnings (ACE)/ Primary Insurance Amount (PIA) information
2286	contained within a dated DWC-14 form completed by the Social
2287	Security Administration; and advise the employee of his or her
2288	right to request a hearing by filing a petition for benefits on
2289	said issues.
2290	(b) If the employee objects, the employee shall file a
2291	petition for benefits which shall include a statement outlining
2292	the employee’s objection to the credit or miscalculation of
2293	benefits, set forth the employee’s calculations with a
2294	reasonable explanation, and provide any additional documentation
2295	in support of the employee’s objection. A copy of any supporting
2296	documentation shall be sent by certificate of mailing to the
2297	employer and carrier and its representative no later than 10
2298	days after the filing of the petition for benefits.
2299	Section 22. Subsection (8) is added to section 440.16,
2300	Florida Statutes, and subsection (6) of section 440.25, Florida
2301	Statutes, is renumbered as subsection (9) of section 440.16,
2302	Florida Statutes, and amended, to read:
2303	440.16 Compensation for death.--
2304	(8)(a) A petition for benefits filed by or on behalf of a
2305	dependent or person entitled to compensation under this section
2306	shall be accompanied by a certified copy of the following:
2307	1. Death certificate of the deceased employee.
2308	2. The autopsy report, if an autopsy was performed, for
2309	the deceased employee.
2310	3. The certificate of birth of the claimant, if the
2311	claimant is a surviving child of the deceased employee.
2312	4. Adoption papers or other decrees and court records
2313	establishing legal responsibility for support of dependant
2314	children.
2315	5. If either the deceased employee or the surviving spouse
2316	have been involved in prior divorce proceedings, copies of
2317	decrees and orders of the courts.
2318	6. If the claimant is an illegitimate child, evidence of
2319	the claimant's acknowledgment by the deceased employee prior to
2320	death and evidence of dependency.
2321
2322	If the documentation required in subparagraphs 1.-6. is not
2323	readily available, the judge of compensation claims shall
2324	determine the adequacy of substitute documentation.
2325	(b) If death results from the accident within 1 year
2326	thereafter or follows continuous disability and results from the
2327	accident within 5 years thereafter, in addition to providing all
2328	the documentation required by paragraph (a), the petition for
2329	benefits filed by the claimant shall include any and all medical
2330	records and reports based on medical opinions pursuant to s.
2331	440.13(9)(b) establishing a causal relationship between the
2332	employee’s death and the industrial accident.
2333	(c) In addition to establishing compensability of death,
2334	the claimant seeking payment of actual funeral expenses shall
2335	furnish the documentation required by paragraphs (a) and (b) and
2336	copies of any and all funeral expense bills.
2337	(d) When the employer or carrier denies the payment of
2338	death benefits or funeral expenses, the employer or carrier
2339	shall give the claimant 7 days' written notice of denial by
2340	certificate of mailing that the employee’s death benefits are
2341	being denied; provide the employee with a copy of any
2342	documentation supporting said denial, including any medical,
2343	employment, wages, or unemployment records; and advise the party
2344	seeking payment of such benefits of his or her right to request
2345	a hearing on the payment of death benefits or funeral expenses
2346	by filing a petition for benefits. The employer's or carrier’s
2347	failure to comply with this time provision shall result in a
2348	waiver of any time period within which the claimant must file a
2349	petition for benefits on this issue. The evidence of any
2350	investigator, adjuster, or other witness in the nature of
2351	surveillance shall be subject to discovery when such evidence
2352	will be used at trial, provided the party intending to use such
2353	evidence is first given a reasonable opportunity to depose the
2354	party or witness who is the subject of the surveillance.
2355	(9)(6)An award of compensation for disability may be made
2356	after the death of an injured employee.
2357	Section 23. Section 440.1855, Florida Statutes, is created
2358	to read:
2359	440.1855 Statute of limitations.--
2360	(1) When the employer or carrier denies the provision of
2361	benefits on the basis that the statute of limitations has run,
2362	the employer or carrier shall give the employee 7 days' written
2363	notice of denial by certificate of mailing that the benefits are
2364	being denied based on the statute of limitations; provide the
2365	employee with copies of any supporting documentation for said
2366	denial, including any medical records and reports and carrier
2367	payout sheets; and advise the employee of his or her right to
2368	file a petition for benefits on the issue.
2369	(2) If the employee objects to the employer's or carrier’s
2370	denial on the basis of the statute of limitations, the employee
2371	shall have 21 days after the date the notice of denial was
2372	mailed to object to the denial of benefits by filing a petition
2373	for benefits seeking the provision of workers' compensation
2374	benefits. The employee’s petition for benefits shall include a
2375	statement outlining why the statute of limitations has not
2376	expired, set forth the nature of the benefits being sought, and
2377	provide all documentation in support of the claim. A copy of
2378	said documentation shall be mailed to the employer and carrier
2379	and its representative no later than 10 days after the date of
2380	the filing of the petition for benefits.
2381	(3) Failure of the employer or carrier or the employee to
2382	provide the documentation required by this section shall result
2383	in the same being excluded from evidence at any trial of this
2384	issue.
2385	Section 24. Section 440.191, Florida Statutes, is
2386	repealed.
2387	Section 25. Section 440.1915, Florida Statutes, is created
2388	to read:
2389	440.1915 Stay pending criminal investigation and
2390	prosecution.--An employer or carrier may apply to the department
2391	for certification of a pending criminal investigation of
2392	workers’ compensation fraud involving an employee who has filed
2393	a petition for benefits. Once the department certifies the
2394	existence of such investigation, said certification shall act as
2395	an immediate and automatic stay of further workers' compensation
2396	judicial proceedings, subject to the following provisions and
2397	limitations:
2398	(1) During the pendency of the stay, no trial shall be
2399	held.
2400	(2) The stay shall expire upon the occurrence of the
2401	earliest of the following:
2402	(a) A notice of determination that no criminal prosecution
2403	shall be instituted against the employee by the department or
2404	the applicable state attorney.
2405	(b) A certified copy of the final disposition of the
2406	criminal prosecution from the applicable clerk of court.
2407	Section 26. Subsections (1) and (6) of section 440.192,
2408	Florida Statutes, are amended, present subsection (7) is
2409	renumbered as subsection (6), present subsection (8) is
2410	renumbered as subsection (7) and amended, and new subsections
2411	(8) and (9) are added to said section, to read:
2412	440.192 Procedure for resolving benefit disputes.--
2413	(1) Subject to s. 440.191,Any employee who has not
2414	received a benefit to which the employee believes she or he is
2415	entitled under this chapter shall file by certified mail, or by
2416	electronic means approved by the DeputyChief Judge, with the
2417	Office of the Judges of Compensation Claims a petition for
2418	benefits which meets the requirements of this section. The
2419	department shall inform employees of the location of the Office
2420	of the Judges of Compensation Claims for purposes of filing a
2421	petition for benefits. The employee shall also serve copies of
2422	the petition for benefits by certified mail, or by electronic
2423	means approved by the DeputyChief Judge, upon the employer and
2424	the employer's carrier. The DeputyChief Judge shall refer the
2425	petitions to the judges of compensation claims.
2426	(6) If the claimant is not represented by counsel, the
2427	Office of the Judges of Compensation Claims may request the
2428	Employee Assistance and Ombudsman Office to assist the claimant
2429	in filing a petition that meets the requirements of this
2430	section.
2431	(7)(8) Within 3014days after receipt of a petition for
2432	benefits by certified mail, the carrier must either pay the
2433	requested benefits without prejudice to its right to deny within
2434	120 days from receipt of the petition or file a response to
2435	petition with the Office of the Judges of Compensation Claims.
2436	The carrier must list all benefits requested but not paid and
2437	explain its justification for nonpayment in the response to
2438	petition. A carrier that does not deny compensability in
2439	accordance with s. 440.20(4) is deemed to have accepted the
2440	employee's injuries as compensable, unless it can establish
2441	material facts relevant to the issue of compensability that
2442	could not have been discovered through reasonable investigation
2443	within the 120-day period. The carrier shall provide copies of
2444	the response to the filing party, employer, and claimant by
2445	certified mail.
2446	(8)(a) The employer or carrier, by and through counsel,
2447	shall file an answer to the petition for benefits within 30 days
2448	after the receipt of the same and provide copies to the Office
2449	of the Judge of Compensation Claims, the employee, and
2450	employee’s counsel, if any. The answer to the petition for
2451	benefits shall, if known, contain the following:
2452	1. The name and address of the attorney representing the
2453	employer or carrier.
2454	2. The name and address of the carrier.
2455	3. The carrier's claim number.
2456	4. The admission or denial of the employment relationship.
2457	5. The admission or denial that the accident or illness
2458	arose out of and in the course of employment.
2459	6. Average weekly wage and corresponding weekly
2460	compensation rate used by the employer or carrier.
2461	7. Period and classification of benefits paid.
2462	8. Name of authorized medical providers, if any.
2463	9. The admission or denial of jurisdiction of the judge of
2464	compensation claims.
2465	10. The admission or denial of coverage by the carrier for
2466	the date of the accident claimed.
2467	(b) The answer shall individually admit or deny each of
2468	the benefits alleged to be due and owing in the petition for
2469	benefits and shall state the contention of the employer or
2470	carrier with reference to notice and statute of limitations
2471	defenses.
2472	(c) Each fact alleged by the petition and not specifically
2473	denied by the answer is deemed admitted, but the failure to deny
2474	such a fact does not preclude the requirement that the fact be
2475	proven at trial.
2476	(d) A copy of the answer shall be served on the employee
2477	and his or her legal counsel, if any, and the answer may be
2478	prepared by the attorney for the employer and carrier based upon
2479	knowledge, information, or belief.
2480	(9)(a) Upon the written request of counsel for the
2481	employer or carrier, the judge of compensation claims shall
2482	extend the time in which to file an answer for 7 additional
2483	days. The time to file an answer may also be extended upon
2484	agreement of the claimant or his or her attorney of record.
2485	(b) The judge of compensation claims shall be notified in
2486	writing by the employer or carrier or its counsel, no later than
2487	5 days after the time for the filing of the answer, of the fact
2488	that an agreement has been reached, including the length of the
2489	extension. When a petition for benefits received by the judge of
2490	compensation claims does not include an answer, written
2491	extension order, or written notification of the extension
2492	agreement, such petition for benefits shall be set for hearing
2493	on the judge of compensation claims' first available date.
2494	(c) A written request for extension to answer a claim
2495	shall be made to the judge of compensation claims who has venue
2496	of the case.
2497	Section 27. Section 440.1927, Florida Statutes, is created
2498	to read:
2499	440.1927 Procedures for expedited hearings.--
2500	(1) A request for an expedited hearing when compensability
2501	has been accepted by the employer and carrier may be granted
2502	upon showing of a significant financial hardship or medical
2503	emergency directly attributable to the cessation of benefits
2504	under this chapter. In determining whether such significant
2505	financial hardship exists, the claimant shall complete and the
2506	court shall consider a motion for indigency as provided by Rule
2507	9.180(g), Florida Rules of Appellate Procedure, and
2508	consideration shall also be given to whether an employee is
2509	presently employed, the employee’s preinjury and postinjury
2510	income and medical status, other financial sources available to
2511	the employee, the nature and extent of the employee's expenses
2512	and debts, whether the employee is the sole provider for
2513	dependants, whether a foreclosure or repossession of a residence
2514	or sole mode of personal transportation is imminent, and any
2515	other relevant financial documents as determined by the court.
2516	In determining whether a medical emergency exists, consideration
2517	shall be given to the nature of the medical services recommended
2518	based on medical opinions pursuant to s. 440.13(9)(b), whether
2519	the issue of causation is being contested, and any impact the
2520	medical condition has on the employee’s employability.
2521	(2) Absent a stipulation by the parties, or waiver by the
2522	employer and carrier, that a significant financial hardship or
2523	medical emergency exists, if a request for an expedited hearing
2524	has been served and filed, the judge of compensation claims
2525	shall hold an evidentiary hearing. If such request is denied,
2526	the matter shall be returned to the regular calendar of cases.
2527	If the request is granted, the judge of compensation claims
2528	shall schedule the matter for expedited hearing.
2529	(3) Upon entry of an order granting the request for an
2530	expedited hearing, the judge of compensation claims shall,
2531	within 10 days after entry of the order, issue a mediation and
2532	live pretrial hearing notice scheduling a state mediation
2533	conference on the expedited issues within 60 days after the
2534	mediation and scheduling a live pretrial hearing within 5 days
2535	after the state mediation conference date. Following the live
2536	pretrial hearing and absent an agreement or stipulation by the
2537	parties, the judge of compensation claims shall issue an order
2538	establishing deadlines for the parties to complete any necessary
2539	additional discovery and establishing a date and time for the
2540	final hearing which shall be held within 90 days after the live
2541	pretrial hearing.
2542	Section 28. Present subsections (1) and (2) of section
2543	440.25, Florida Statutes, are amended, present subsection (3) is
2544	renumbered as subsection (6) and amended, present subsection (4)
2545	is renumbered as subsection (9) and amended, present subsection
2546	(7) is renumbered as subsection (10), and new subsections (2),
2547	(3), (4), (5), (7), and (8) are added to said section, to read:
2548	440.25 Procedures for mediation and hearings.--
2549	(1) Within 15090days after a petition for benefits is
2550	filed under s. 440.192, a mediation conference concerning such
2551	petition shall be held. Within 40 days after such petition is
2552	filed,The judge of compensation claims shall notify the
2553	interested parties by order that a mediation conference
2554	concerning such petition will be held unless the parties have
2555	notified the Office of the Judges of Compensation Claims that a
2556	mediation has been held. Such order must give the date onby
2557	which the mediation conference must be held. Such order may be
2558	served personally upon the interested parties or may be sent to
2559	the interested parties by mail. The claimant or the adjuster of
2560	the employer or carrier may, at the mediator's discretion,
2561	attend the mediation conference by telephone or, if agreed to by
2562	the parties, other electronic means. The judge of compensation
2563	claims may excuse the appearance of a party or attorney or
2564	permit the appearance of a party or attorney by telephone upon
2565	written request with timely notice of the request to the
2566	opposing counsel. It is the duty of the party or attorney
2567	appearing by telephone to ensure that facilities are arranged at
2568	the expense of the party appearing by telephone and that the
2569	means are readily available to exchange documents and sign
2570	stipulations, agreements, pretrial questionnaires, and other
2571	pleadings without unreasonable delay. If there is a conflict
2572	with the date for which the state mediation is set, counsel or
2573	the party, if unrepresented, shall within 21 days after the date
2574	of the notice contact the mediator’s office to reset the
2575	mediation.
2576	(2)(a) The parties, upon request, shall exchange the
2577	following documents within their actual or constructive control
2578	within 30 days before the date of any scheduled mediation unless
2579	previously produced:
2580	1. The employee’s 13-week wage statement together with
2581	information regarding the receipt and value of fringe benefits
2582	and the date of any suspension of same.
2583	2. Payroll records since the date of the accident.
2584	3. All medical records and reports related to the work
2585	injury or disability claimed which relate to the claim or
2586	defenses.
2587	4 A payout sheet or ledger.
2588	5. Statements, written or otherwise recorded, and not
2589	privileged.
2590	6. All offers of employment and corresponding job
2591	descriptions.
2592	7. Any and all documentation concerning the employer’s
2593	communication with the employee about returning to work.
2594	8. Any and all documents relating to recommended future
2595	medical treatment based on medical opinions pursuant to s.
2596	440.13(9)(b).
2597	(b) Failure to comply with the requirements of paragraph
2598	(a) or the requirement for continuing discovery pursuant to s.
2599	440.115(2)(d) shall result in the exclusion at the hearing of
2600	the documents not timely provided and other sanctions deemed
2601	appropriate by the judge. Mandatory exchange of documents is
2602	required unless a stipulation is entered into at the time of the
2603	pretrial that such documents are immaterial to the disputed
2604	issue.
2605	(c) No less than 30 days prior to any mediation, the
2606	employee shall make a specific written demand for settlement of
2607	the case and the issues that contains sufficient explanation and
2608	supporting documentation to enable the employer and carrier and
2609	its representative to evaluate the demand for settlement.
2610	(d) The employer and carrier and its representative
2611	receiving the demand shall respond in writing within 15 working
2612	days after receipt of the demand.
2613	(3) State mediations may be continued or rescheduled only
2614	by order of the judge of compensation claims. To obtain an
2615	order, a motion for continuance must be filed and state the
2616	reason for the continuance and the date that the notice
2617	scheduling the state mediation was mailed. The proposed order on
2618	the motion must contain a blank space so that a new state
2619	mediation conference date may be assigned.A continuance may be
2620	granted if the requesting party demonstrates to the judge of
2621	compensation claims that the reason for requesting the
2622	continuance arises from circumstances beyond the party's
2623	control. Any order granting a continuance must set forth the
2624	date of the rescheduled mediation conference.A mediation
2625	conference may not be used solely for the purpose of mediating
2626	attorney's fees.
2627	(4) State mediations may be cancelled if all issues other
2628	than attorney’s fees have been settled or resolved, the
2629	petitions for benefits have been dismissed, the parties have
2630	obtained an order substituting private mediation for the
2631	mandatory state mediation, or the state mediation conference has
2632	been waived by order of the chief judge.
2633	(5)(a) Motions to substitute private mediation for state
2634	mediation shall be filed with the presiding judge no later than
2635	7 days prior to the scheduled state mediation conference. Such
2636	motions shall include the date and time of the state and private
2637	mediations.
2638	(b) The proposed order substituting private mediation for state
2639	mediation shall include language that the parties and the
2640	private mediator shall be bound by the applicable rules and
2641	statutes pertaining to state mediations, including the filing by
2642	the private mediator of a mediator’s report pursuant to rule
2643	4.310(e), Florida Rules of Workers' Compensation Procedure. The
2644	order shall state that the private mediation may only be
2645	continued or rescheduled by order of the judge and that the
2646	claimant's counsel is responsible for ensuring that a mediator’s
2647	report is filed within 10 days after the conclusion of the
2648	private mediation conference.
2649	(c) If an order is entered allowing the substitution of private
2650	mediation for mandatory state mediation, or the parties agree to
2651	hold a private mediation conference, such private mediation
2652	conference shall be at the carrier's expense. The mediation
2653	conference shall be conducted by a mediator certified under s.
2654	44.106. If the parties do not agree upon a mediator within 20
2655	days after the date of the order substituting private mediation
2656	for mandatory state mediation and so notify the judge of
2657	compensation claims, the employee shall notify the judge in
2658	writing and the judge shall appoint a mediator under this
2659	paragraph within 7 days after the judge is notified. In the
2660	event of a private mediation, the terms and requirements of the
2661	original notice and order governing the state mediation shall
2662	remain in full force and effect and the parties shall comply
2663	with the terms thereof.
2664	(d) The private mediation shall be scheduled to occur no
2665	later than 30 days after the deadline set forth in subsection
2666	(1).
2667	(2) Any party who participates in a mediation conference
2668	shall not be precluded from requesting a hearing following the
2669	mediation conference should both parties not agree to be bound
2670	by the results of the mediation conference. A mediation
2671	conference is required to be held unless this requirement is
2672	waived by the Deputy Chief Judge. No later than 3 days prior to
2673	the mediation conference, all parties must submit any applicable
2674	motions, including, but not limited to, a motion to waive the
2675	mediation conference, to the judge of compensation claims.
2676	(6)(3)(a)Such mediation conference shall be conducted
2677	informally and does not require the use of formal rules of
2678	evidence or procedure. Any information from the files, reports,
2679	case summaries, mediator's notes, or other communications or
2680	materials, oral or written, relating to a mediation conference
2681	under this section obtained by any person performing mediation
2682	duties is privileged and confidential and may not be disclosed
2683	without the written consent of all parties to the conference.
2684	Any research or evaluation effort directed at assessing the
2685	mediation program activities or performance must protect the
2686	confidentiality of such information. Each party to a mediation
2687	conference has a privilege during and after the conference to
2688	refuse to disclose and to prevent another from disclosing
2689	communications made during the conference whether or not the
2690	contested issues are successfully resolved. This subsection and
2691	paragraphs (9)(4)(a) and (b) shall not be construed to prevent
2692	or inhibit the discovery or admissibility of any information
2693	that is otherwise subject to discovery or that is admissible
2694	under applicable law or rule of procedure, except that any
2695	conduct or statements made during a mediation conference or in
2696	negotiations concerning the conference are inadmissible in any
2697	proceeding under this chapter.
2698	(a)1. Unless the parties conduct a private mediation under
2699	paragraph (b)subparagraph 2., mediation shall be conducted by a
2700	mediator selected by the Chief Judge of Compensation Claims
2701	Director of the Division of Administrative Hearingsfrom among
2702	mediators employed on a full-time basis by the Office of the
2703	Judges of Compensation Claims. A mediator must be a member of
2704	The Florida Bar for at least 5 years,andmust complete a
2705	mediation training program approved by the Chief Judge of
2706	Compensation Claims, and must possess a minimum of 5 years'
2707	experience in the full-time practice of workers' compensation
2708	lawDirector of the Division of Administrative Hearings. Adjunct
2709	mediators may be employed by the Office of the Judges of
2710	Compensation Claims on an as-needed basis and shall be selected
2711	from a list prepared by the Chief Judge of Compensation Claims
2712	Director of the Division of Administrative Hearings. An adjunct
2713	mediator must be independent of all parties participating in the
2714	mediation conference. An adjunct mediator must be a member of
2715	The Florida Bar for at least 5 years,and must possess a minimum
2716	of 5 years' experience in the full-time practice of Florida
2717	workers' compensation law, and mustcomplete a mediation
2718	training program approved by the Chief Judge of Compensation
2719	ClaimsDirector of the Division of Administrative Hearings. An
2720	adjunct mediator shall have access to the office, equipment, and
2721	supplies of the judge of compensation claims in each district.
2722	(b)2. With respect to any mediation occurring on or after January
2723	1, 2003, if the parties agree or if mediators are not available
2724	under subparagraph 1. to conduct the required mediation within the
2725	period specified in this section, the parties shall hold a
2726	mediation conference at the carrier's expense within the 90-day
2727	period set for mediation. The mediation conference shall be
2728	conducted by a mediator certified under s. 44.106. If the parties
2729	do not agree upon a mediator within 10 days after the date of the
2730	order, the claimant shall notify the judge in writing and the judge
2731	shall appoint a mediator under this subparagraph within 7 days.In
2732	the event both parties agree, the results of the mediation
2733	conference shall be binding and neither party shall have a right to
2734	appeal the results. In the event either party refuses to agree to
2735	the results of the mediation conference, the results of the
2736	mediation conference as well as the testimony, witnesses, and
2737	evidence presented at the conference shall not be admissible at any
2738	subsequent proceeding on the claim. The mediator shall not be
2739	called in to testify or give deposition to resolve any claim for
2740	any hearing before the judge of compensation claims. The employer
2741	may be represented by an attorney at the mediation conference if
2742	the employee is also represented by an attorney at the mediation
2743	conference.
2744	(7)(a) After receiving notice of impasse from the mediator, the
2745	judge of compensation claims shall hold a live pretrial hearing.
2746	The judge of compensation claims shall give the parties at least
2747	7 days' notice of the pretrial hearing and, unless the judge of
2748	compensation claims indicates otherwise, the pretrial hearing
2749	shall be held in the county where the office of the judge of
2750	compensation claims is located. A pretrial hearing may be
2751	continued with prior approval of the judge of compensation
2752	claims.
2753	(b) The parties may submit their pretrial stipulations by mail
2754	when represented by counsel and with leave of the judge of
2755	compensation claims; however, the parties or their legal counsel
2756	shall appear at any live pretrial hearing.
2757	(c) If a party or a party’s attorney fails to attend the
2758	pretrial hearing without good cause, the judge may dismiss the
2759	petition or claim, strike defenses, or take such other action as
2760	may be authorized by law or rule 4.150, Florida Rules of
2761	Workers' Compensation Procedure.
2762	(d) At the pretrial hearing the parties shall:
2763	1. State and simplify the claims, defense, and issues.
2764	2. Stipulate and admit to such facts and documents as will
2765	avoid unnecessary proof.
2766	3. Present, examine, and mark all exhibits for identification,
2767	including all impeachment and rebuttal exhibits.
2768	4. Furnish the opposing party with the names and addresses of
2769	all witnesses, including impeachment and rebuttal witnesses. A
2770	party may be required by the judge of compensation claims to
2771	provide a statement of subject matter of the expected testimony
2772	of one or more witnesses.
2773	5. Exchange all available written reports of experts when
2774	expert opinion is offered at trial. The reports shall clearly
2775	disclose the expert opinion and its basis on all subjects on
2776	which the expert will testify. If stipulated into evidence, the
2777	reports shall be presented to the judge to be so marked. The
2778	parties shall consider and determine a limitation of the number
2779	of expert witnesses.
2780	6. Estimate time of trial and schedule the final hearing.
2781	7. Consider and determine, as appropriate, such other matters
2782	as may aid in the disposition of the case, including, but not
2783	limited to, referral to additional mediation or appointment of
2784	an expert medical advisor pursuant to s. 440.13(10)(c).
2785	(e) Final witness lists, final exhibit lists, supplements, and
2786	amendments to the pretrial stipulation shall be served no later
2787	than 30 days before the final hearing. Witness lists, exhibit
2788	lists, supplements, and amendments to be filed less than 30 days
2789	before the final hearing must be approved by the judge or
2790	stipulated to by the parties. A motion seeking such approval is
2791	a procedural motion.
2792	(f) At the discretion of the judge and on filing and service of
2793	motion and notice of hearing not less than 5 days before the
2794	date of the pretrial hearing, procedural motions may also be
2795	heard at the pretrial hearing.
2796	(g) The judge shall record the pretrial hearing by stenographer
2797	or electronic means at the request of any party or by a written
2798	stipulation signed by the parties.
2799	(h)1. At the request of any party, or by his or her own motion,
2800	the judge promptly shall enter an order reciting the actions
2801	taken at the pretrial hearing and the agreements made by the
2802	parties about any of the matters considered and limiting the
2803	issues for trial to those not disposed of by admissions or
2804	stipulations of the parties.
2805	2. The order shall control the subsequent course of action
2806	unless the judge modifies it to prevent injustice.
2807	3. The judge shall serve the order on the attorneys for the
2808	parties and on any party not represented by counsel.
2809	4. Unless otherwise specified in the notice of hearing, the
2810	judge may consider and determine all issues pending as of the
2811	date of the pretrial hearing.
2812	(i) If the date is not already set, the judge shall set the
2813	date of the final hearing at the pretrial hearing. The notice of
2814	the final hearing may be set forth in the pretrial order
2815	accompanying the pretrial stipulation or may be mailed
2816	separately by the judge to all interested parties.
2817	(8) Upon the motion of the judge of compensation claims or on
2818	the motion of any party, the judge of compensation claims may
2819	consolidate any petitions for benefits filed 30 days before the
2820	scheduled mediation with any pending petitions for benefits for
2821	purposes of a hearing or for any other purpose. Any hearing on a
2822	consolidation must be held no later than 10 days before the
2823	mediation. Only petitions for benefits filed 30 days before the
2824	mediation date are ripe, due, and owing for the final hearing.
2825	(b) The parties shall complete the pretrial stipulations
2826	before the conclusion of the mediation conference if the claims,
2827	except for attorney's fees and costs, have not been settled and
2828	if any claims in any filed petition remain unresolved. The judge
2829	of compensation claims may impose sanctions against a party or
2830	both parties for failing to complete the pretrial stipulations
2831	before the conclusion of the mediation conference.
2832	(9)(4)(a) If the parties fail to agree upon written
2833	submission of pretrial stipulations at the mediation conference,
2834	the judge of compensation claims shall order a pretrial hearing
2835	to occur within 14 days after the date of mediation ordered by
2836	the judge of compensation claims. The judge of compensation
2837	claims shall give the interested parties at least 7 days'
2838	advance notice of the pretrial hearing by mail.At the pretrial
2839	hearing, the judge of compensation claims shall, subject to
2840	paragraph (b), set a date for the final hearing that allows the
2841	parties at least 60 days to conduct discovery unless the parties
2842	consent to an earlier hearing date.
2843	(b) A continuance of the final hearingThe final hearing
2844	must be held and concluded within 90 days after the mediation
2845	conference is held. Continuances may be granted when the reason
2846	for requesting the continuance arises from circumstances beyond
2847	the party's control, when appropriate in the discretion of only
2848	if the requesting party demonstrates tothe judge of
2849	compensation claims, or by agreement of the parties; however,
2850	any continuance to a date greater than 150 days after the date
2851	of initial mediation shall require the written consent of the
2852	claimantthat the reason for requesting the continuance arises
2853	from circumstances beyond the party's control. The written
2854	consent of the claimant must be obtained before any request from
2855	a claimant's attorney is granted for an additional continuance
2856	after the initial continuance has been granted. Any order
2857	granting a continuance must set forth the date and time of the
2858	rescheduled hearing. A continuance may be granted only if the
2859	requesting party demonstrates to the judge of compensation
2860	claims that the reason for requesting the continuance arises
2861	from circumstances beyond the control of the parties. The judge
2862	of compensation claims shall report any grant of two or more
2863	continuances to the Deputy Chief Judge.
2864	(c) The judge of compensation claims shall give the
2865	interested parties at least 7 days' advance notice of the final
2866	hearing, served upon the interested parties by mail.
2867	(d) The final hearing shall be held within 210 days after
2868	receipt of the petition for benefitsin the county where the
2869	injury occurred, if the injury occurred in this state, unless
2870	otherwise agreed to between the parties and authorized by the
2871	judge of compensation claims in the county where the injury
2872	occurred. If the injury occurred outside the state and is one
2873	for which compensation is payable under this chapter, then the
2874	final hearing may be held in the county of the employer's
2875	residence or place of business, or in any other county of the
2876	state that will, in the discretion of the DeputyChief Judge, be
2877	the most convenient for a hearing. The final hearing shall be
2878	conducted by a judge of compensation claims, who shall, within
2879	30 days after final hearing or closure of the hearing record,
2880	unless otherwise agreed by the parties, enter a final order on
2881	the merits of the disputed issues. The judge of compensation
2882	claims may enter an abbreviated final order in cases in which
2883	compensability is not disputed. Either party may request
2884	separate findings of fact and conclusions of law. At the final
2885	hearing, the claimant and employer may each present evidence
2886	with respect to the claims presented by the petition for
2887	benefits and may be represented by any attorney authorized in
2888	writing for such purpose. When there is a conflict in the
2889	medical evidence submitted at the hearing, the provisions of s.
2890	440.13 shall apply. The report or testimony of the expert
2891	medical advisor shall be made a part of the record of the
2892	proceeding and shall be given the same consideration by the
2893	judge of compensation claims as is accorded other medical
2894	evidence submitted in the proceeding; and all costs incurred in
2895	connection with such examination and testimony may be assessed
2896	as costs in the proceeding, subject to the provisions of s.
2897	440.13. No judge of compensation claims may make a finding of a
2898	degree of permanent impairment that is greater than the greatest
2899	permanent impairment rating given the claimant by any examining
2900	or treating physician, except upon stipulation of the parties.
2901	Any benefit due but not raised at the final hearing which was
2902	ripe, due, or owing at the time of the final hearing is waived.
2903	(e) Co-counsel or any successor attorney shall file a
2904	notice of appearance in accordance with the Florida Rules of
2905	Workers' Compensation Procedure. Substitution of counsel may be
2906	made:
2907	1. By the filing and service of a stipulation, which does
2908	not require the approval of the judge; or
2909	2. By motion, which requires approval of the judge.
2910	(f) An attorney of record shall remain the attorney of
2911	record and not be permitted to withdraw unless:
2912	1. The attorney files a written motion for withdrawal
2913	setting forth the reasons for the motion.
2914	2. The motion is served on the client and counsel for all
2915	parties.
2916	3. An order is entered granting the motion of withdrawal.
2917	4. The attorney who is claiming attorney's fees and
2918	taxable costs files a motion for withdrawal or substitution of
2919	counsel within 60 days after the filing of said motion or
2920	substitution of counsel. The failure to file the petition for
2921	attorney's fees and taxable costs within 60 days is a waiver of
2922	any claim for the same period.
2923	(g)(e)The order making an award or rejecting the claim,
2924	referred to in this chapter as a "compensation order," shall set
2925	forth the findings of ultimate facts and the mandate; and the
2926	order need not include any other reason or justification for
2927	such mandate. The compensation order shall be filed in the
2928	Office of the Judges of Compensation Claims at Tallahassee. A
2929	copy of such compensation order shall be sent by mail to the
2930	parties and attorneys of record at the last known address of
2931	each, with the date of mailing noted thereon.
2932	(h)(f)Each judge of compensation claims is required to
2933	submit a special report to the DeputyChief Judge in each
2934	contested workers' compensation case in which the case is not
2935	determined within 30 days of final hearing or closure of the
2936	hearing record. Said form shall be provided by the secretary
2937	director of the Department of Management ServicesDivision of
2938	Administrative Hearingsand shall contain the names of the judge
2939	of compensation claims and of the attorneys involved and a brief
2940	explanation by the judge of compensation claims as to the reason
2941	for such a delay in issuing a final order.
2942	(g) Notwithstanding any other provision of this section,
2943	the judge of compensation claims may require the appearance of
2944	the parties and counsel before her or him without written notice
2945	for an emergency conference where there is a bona fide emergency
2946	involving the health, safety, or welfare of an employee. An
2947	emergency conference under this section may result in the entry
2948	of an order or the rendering of an adjudication by the judge of
2949	compensation claims.
2950	(h) To expedite dispute resolution and to enhance the
2951	self-executing features of the Workers' Compensation Law, the
2952	Deputy Chief Judge shall make provision by rule or order for the
2953	resolution of appropriate motions by judges of compensation
2954	claims without oral hearing upon submission of brief written
2955	statements in support and opposition, and for expedited
2956	discovery and docketing. Unless the judge of compensation
2957	claims, for good cause, orders a hearing under paragraph (i),
2958	each claim in a petition relating to the determination of pay
2959	under s. 440.14 shall be resolved under this paragraph without
2960	oral hearing.
2961	(i) To further expedite dispute resolution and to enhance
2962	the self-executing features of the system, those petitions filed
2963	in accordance with s. 440.192 that involve a claim for benefits
2964	of $5,000 or less shall, in the absence of compelling evidence
2965	to the contrary, be presumed to be appropriate for expedited
2966	resolution under this paragraph; and any other claim filed in
2967	accordance with s. 440.192, upon the written agreement of both
2968	parties and application by either party, may similarly be
2969	resolved under this paragraph. A claim in a petition or $5,000
2970	or less for medical benefits only or a petition for
2971	reimbursement for mileage for medical purposes shall, in the
2972	absence of compelling evidence to the contrary, be resolved
2973	through the expedited dispute resolution process provided in
2974	this paragraph. For purposes of expedited resolution pursuant to
2975	this paragraph, the Deputy Chief Judge shall make provision by
2976	rule or order for expedited and limited discovery and expedited
2977	docketing in such cases. At least 15 days prior to hearing, the
2978	parties shall exchange and file with the judge of compensation
2979	claims a pretrial outline of all issues, defenses, and witnesses
2980	on a form adopted by the Deputy Chief Judge; provided, in no
2981	event shall such hearing be held without 15 days' written notice
2982	to all parties. No pretrial hearing shall be held. The judge of
2983	compensation claims shall limit all argument and presentation of
2984	evidence at the hearing to a maximum of 30 minutes, and such
2985	hearings shall not exceed 30 minutes in length. Neither party
2986	shall be required to be represented by counsel. The employer or
2987	carrier may be represented by an adjuster or other qualified
2988	representative. The employer or carrier and any witness may
2989	appear at such hearing by telephone. The rules of evidence shall
2990	be liberally construed in favor of allowing introduction of
2991	evidence.
2992	(i)(j)A judge of compensation claims may, upon the motion
2993	of a party or the judge's own motion, dismiss a petition for
2994	lack of prosecution if a petition, response, motion, order,
2995	request for hearing, or notice of deposition has not been filed
2996	during the previous 12 months unless good cause is shown. A
2997	dismissal for lack of prosecution is without prejudice and does
2998	not require a hearing.
2999	(j)(k)A judge of compensation claims may not award
3000	interest on unpaid medical bills and the amount of such bills
3001	may not be used to calculate the amount of interest awarded.
3002	Regardless of the date benefits were initially requested,
3003	attorney's fees do not attach under this subsection until 30
3004	days after the date the carrier or self-insured employer
3005	receives the petition.
3006	(10)(7)An injured employee claiming or entitled to
3007	compensation shall submit to such physical examination by a
3008	certified expert medical advisor approved by the agency or the
3009	judge of compensation claims as the agency or the judge of
3010	compensation claims may require. The place or places shall be
3011	reasonably convenient for the employee. Such physician or
3012	physicians as the employee, employer, or carrier may select and
3013	pay for may participate in an examination if the employee,
3014	employer, or carrier so requests. Proceedings shall be suspended
3015	and no compensation shall be payable for any period during which
3016	the employee may refuse to submit to examination. Any interested
3017	party shall have the right in any case of death to require an
3018	autopsy, the cost thereof to be borne by the party requesting
3019	it; and the judge of compensation claims shall have authority to
3020	order and require an autopsy and may, in her or his discretion,
3021	withhold her or his findings and award until an autopsy is held.
3022	Section 29. Subsection (5) of section 440.25, Florida
3023	Statutes, is renumbered as section 440.255, Florida Statutes,
3024	and amended to read:
3025	440.255 Procedures for appeals.--
3026	(1)(5)(a)Procedures with respect to appeals from orders
3027	of judges of compensation claims shall be governed by rules
3028	adopted by the Supreme Court. Such an order shall become final
3029	30 days after mailing of copies of such order to the parties,
3030	unless appealed pursuant to such rules.
3031	(2)(b)An appellant may be relieved of any necessary
3032	filing fee by filing a verified petition of indigency for
3033	approval as provided in s. 57.081(1) and may be relieved in
3034	whole or in part from the costs for preparation of the record on
3035	appeal if, within 15 days after the date notice of the estimated
3036	costs for the preparation is served, the appellant files with
3037	the judge of compensation claims a copy of the designation of
3038	the record on appeal, and a verified petition to be relieved of
3039	costs. A verified petition filed prior to the date of service of
3040	the notice of the estimated costs shall be deemed not timely
3041	filed. The verified petition relating to record costs shall
3042	contain a sworn statement that the appellant is insolvent and a
3043	complete, detailed, and sworn financial affidavit showing all
3044	the appellant's assets, liabilities, and income. Failure to
3045	state in the affidavit all assets and income, including marital
3046	assets and income, shall be grounds for denying the petition
3047	with prejudice. The Office of the Judges of Compensation Claims
3048	shall adopt rules as may be required pursuant to this section
3049	subsection, including forms for use in all petitions brought
3050	under this sectionsubsection. The appellant's attorney, or the
3051	appellant if she or he is not represented by an attorney, shall
3052	include as a part of the verified petition relating to record
3053	costs an affidavit or affirmation that, in her or his opinion,
3054	the notice of appeal was filed in good faith and that there is a
3055	probable basis for the District Court of Appeal, First District,
3056	to find reversible error, and shall state with particularity the
3057	specific legal and factual grounds for the opinion. Failure to
3058	so affirm shall be grounds for denying the petition. A copy of
3059	the verified petition relating to record costs shall be served
3060	upon all interested parties. The judge of compensation claims
3061	shall promptly conduct a hearing on the verified petition
3062	relating to record costs, giving at least 15 days' notice to the
3063	appellant, the department, and all other interested parties, all
3064	of whom shall be parties to the proceedings. The judge of
3065	compensation claims may enter an order without such hearing if
3066	no objection is filed by an interested party within 20 days from
3067	the service date of the verified petition relating to record
3068	costs. Such proceedings shall be conducted in accordance with
3069	the provisions of this section and with the workers'
3070	compensation rules of procedure, to the extent applicable. In
3071	the event an insolvency petition is granted, the judge of
3072	compensation claims shall direct the department to pay record
3073	costs and filing fees from the Workers' Compensation
3074	Administration Trust Fund pending final disposition of the costs
3075	of appeal. The department may transcribe or arrange for the
3076	transcription of the record in any proceeding for which it is
3077	ordered to pay the cost of the record.
3078	(3)(c)As a condition of filing a notice of appeal to the
3079	District Court of Appeal, First District, an employer who has
3080	not secured the payment of compensation under this chapter in
3081	compliance with s. 440.38 shall file with the notice of appeal a
3082	good and sufficient bond, as provided in s. 59.13, conditioned
3083	to pay the amount of the demand and any interest and costs
3084	payable under the terms of the order if the appeal is dismissed,
3085	or if the District Court of Appeal, First District, affirms the
3086	award in any amount. Upon the failure of such employer to file
3087	such bond with the judge of compensation claims or the District
3088	Court of Appeal, First District, along with the notice of
3089	appeal, the District Court of Appeal, First District, shall
3090	dismiss the notice of appeal.
3091	Section 30. Section 440.28, Florida Statutes, is amended
3092	to read:
3093	440.28 Modification of orders.--
3094	(1)Upon a judge of compensation claims' own initiative,
3095	or upon the application of any party in interest, on the ground
3096	of a change in condition or because of a mistake in a
3097	determination of fact, the judge of compensation claims may, at
3098	any time prior to 2 years after the date of the last payment of
3099	compensation pursuant to the compensation order the party seeks
3100	to modify, or at any time prior to 2 years after the date copies
3101	of an order rejecting a claim are mailed to the parties at the
3102	last known address of each, review a compensation case in
3103	accordance with the procedure prescribed in respect of claims in
3104	s. 440.25 and, in accordance with such section, issue a new
3105	compensation order which may terminate, continue, reinstate,
3106	increase, or decrease such compensation or award compensation.
3107	Such new order shall not affect any compensation previously
3108	paid, except that an award increasing the compensation rate may
3109	be made effective from the date of the injury, and, if any part
3110	of the compensation due or to become due is unpaid, an award
3111	decreasing the compensation rate may be made effective from the
3112	date of the injury, and any payment made prior thereto in excess
3113	of such decreased rate shall be deducted from any unpaid
3114	compensation, in such manner and by such method as may be
3115	determined by the judge of compensation claims.
3116	(2) Application for modification of an order under
3117	subsection (1) shall be substantially in the form of a petition
3118	for benefits under s. 440.192(2) and shall include a request for
3119	a hearing.
3120	Section 31. Subsection (5) is added to section 440.29,
3121	Florida Statutes, to read:
3122	440.29 Procedure before the judge of compensation
3123	claims.--
3124	(5)(a) Failure to comply with the provisions of this
3125	section or any order of the judges of compensation claims may
3126	subject a party to reprimand, striking of claims, defenses,
3127	pleadings, imposition of costs or attorney's fees, and such
3128	other sanctions as the judge may deem appropriate. These
3129	sanctions are in addition to any sanctions available to the
3130	judge pursuant to s. 440.33.
3131	(b) Every pleading, written motion, and other paper shall
3132	be signed by the attorney of record or, if the party is not
3133	represented, by the party. Each paper shall state the signer’s
3134	address and telephone number, if any. Except when otherwise
3135	specifically provided by rule or statute, pleadings need not be
3136	verified. An unsigned paper shall be stricken unless omission of
3137	the signature is corrected promptly after being called to the
3138	attention of the attorney or party.
3139	(c) By presenting to the judge, whether by signing,
3140	filing, submitting, or later advocating a pleading, written
3141	motion, or other paper, an attorney or unrepresented party is
3142	certifying to the best of the person’s knowledge, information,
3143	and belief, formed after inquiry reasonable under the
3144	circumstances, that:
3145	1. It is not being presented for any improper purpose,
3146	such as to harass or to cause unnecessary delay or needless
3147	increase in the costs of litigation.
3148	2. The claims defenses and other legal contentions therein
3149	are warranted by existing law or by a nonfrivolous argument for
3150	the extension, modification, or reversal of existing law or the
3151	establishment of a new law.
3152	3. The allegations and other factual contentions have
3153	evidentiary support or, if specifically so identified, are
3154	likely to have evidentiary support after a reasonable
3155	opportunity for further investigation or discovery.
3156	4. The denials of factual contentions are warranted on the
3157	evidence or, if specifically so identified, are reasonably based
3158	on a lack of information or belief.
3159	(d) If, after notice and a reasonable opportunity to
3160	respond, the judge determines that paragraph (c) has been
3161	violated, the judge may, subject to the conditions stated in
3162	this section, impose an appropriate sanction on the attorneys or
3163	parties who have violated paragraph (c) or who are responsible
3164	for the violation.
3165	(e)1. A motion for sanctions under this section shall be
3166	made separately from other motions or requests and shall
3167	describe the specific conduct alleged, including, but not
3168	limited to, a violation of paragraph (c). The motion shall be
3169	served as provided in rule 4.030, Florida Rules of Workers'
3170	Compensation Procedure, but shall not be filed with or presented
3171	to the judge unless the challenged paper, claim, defense,
3172	allegation, or denial is not withdrawn or appropriately
3173	corrected within 21 days after service of the motion or such
3174	other period as the judge may prescribe. If warranted, the judge
3175	may award to the party prevailing on the motion the cost of the
3176	proceeding and attorney’s fees incurred in presenting the
3177	motion.
3178	2. On his or her own initiative, the judge may enter an
3179	order describing the specific conduct that appears to warrant
3180	sanctions and direct an attorney or party to show cause why it
3181	should not be sanctioned.
3182	(f)1. A sanction imposed for the violation of this section
3183	shall be limited to what is sufficient to deter repetition of
3184	such conduct or comparable conduct by others similarly situated.
3185	Subject to the limitations in this paragraph and in paragraph
3186	(d), the sanction may consist of or include directives of a
3187	nonmonetary nature, a penalty pursuant to s. 440.20 or s.
3188	440.24, or, if imposed on motion and warranted for effective
3189	deterrence, an order directing payment to the movant of some or
3190	all of the reasonable attorney’s fees and other costs incurred
3191	as a direct result of the violation. If the judge determines
3192	that any proceeding was maintained or continued frivolously, the
3193	costs of the proceeding, including attorney’s fees, shall be
3194	assessed against the offending party or attorney. Penalties,
3195	fees, and costs awarded under this section may not be recouped
3196	from the party.
3197	2. Monetary sanctions may not be awarded against a
3198	represented party for a violation of subparagraph (c)2.
3199	3. Monetary sanctions may not be awarded on the judge’s
3200	initiative unless the judge issues an order to show cause before
3201	a voluntary dismissal or settlement of the claim.
3202	(g) When imposing sanctions, the judge shall describe the
3203	conduct determined to warrant such impositions of sanctions and
3204	explain the basis for the sanctions imposed. If a penalty is
3205	assessed against an attorney pursuant to s. 440.24 or this
3206	section, the judge may forward a copy of the order assessing the
3207	penalty to the appropriate grievance committee acting under the
3208	jurisdiction of the Supreme Court.
3209	Section 32. Section 440.291, Florida Statutes, is created
3210	to read:
3211	440.291 Discovery.--
3212	(1) The judge shall have jurisdiction to take appropriate
3213	action to compel discovery, including the imposition of
3214	sanctions and, as circumstances warrant, may enlarge or shorten
3215	the applicable time for complying with discovery.
3216	(2) Discovery may be had before or after the filing of a
3217	claim or petition, in the same manner and for the same purpose
3218	as provided in the Florida Rules of Civil Procedure or s.
3219	440.30. At the pretrial hearing, the judge shall set a date for
3220	the final hearing that allows the parties at least 30 days to
3221	conduct discovery, unless the parties consent to an earlier
3222	hearing date.
3223	(3) Interrogatories, requests for admission, and other
3224	forms of discovery not authorized by the Florida Rules of
3225	Workers' Compensation Procedure shall not be permitted or used
3226	in workers' compensation proceedings.
3227	(4) Depositions of witnesses or parties may be taken and
3228	used in proceedings under this chapter in the same manner and
3229	for the same purposes as provided in the Florida Rules of Civil
3230	Procedure or as otherwise provided by law.
3231	(a) For good cause shown, the judge may require taking a
3232	deposition by telephone.
3233	(b) If a deposition is taken by telephone, the oath shall
3234	be administered in the physical presence of the witness by a
3235	notary public or officer authorized to administer oaths. A
3236	certificate of the notary public or officer, substantially the
3237	same as form 4.9105, Florida Rules of Workers' Compensation
3238	Procedure, shall be filed by the party offering the witness's
3239	deposition within 15 days after the date on which the deposition
3240	was taken.
3241	(5)(a) The parties shall be subject to discovery
3242	procedures seeking the production of records or other tangible
3243	things, including, but not limited to, all hospital and medical
3244	records pertaining to the industrial accident, all
3245	rehabilitation reports, all records pertaining to the claimant's
3246	average weekly wage at the time of the accident or earnings made
3247	subsequent to the industrial accident, and a transcript of any
3248	recorded statements of a party.
3249	(b) The parties shall be subject to discovery procedures
3250	seeking entry on land or other property for inspection or other
3251	purposes within the scope of discovery.
3252	(c) The parties shall have 30 days to serve a written
3253	response after service of any request under this section.
3254	(6) The parties may seek the production of documents and
3255	other tangible things within the scope of discovery for
3256	inspection and copying from a person who is not a party pursuant
3257	to applicable Florida Rules of Civil Procedure, except that the
3258	time for objection to production of documents under this section
3259	is reduced to 5 days.
3260	(7) The evidence of any investigator, adjuster, or other
3261	witness in the nature of surveillance shall be subject to
3262	discovery when such evidence will be used at trial, provided the
3263	party intending to use such evidence is first given a reasonable
3264	opportunity to depose the party or witness who is the subject of
3265	the surveillance.
3266	Section 33. Section 440.292, Florida Statutes, is created
3267	to read:
3268	440.292 Motion practice.--
3269	(1) A motion relating to the adjudication of entitlement
3270	to benefits, including, but not limited to, motions to vacate
3271	orders for lump-sum advances, motions for advances under s.
3272	440.20(12)(c)2. and (d), appeals of administrative fines or
3273	penalties under s. 440.106, motions for appointment of
3274	guardians, motions to appoint expert medical advisors under s.
3275	440.13(9)(b), requests for imposition of sanctions under the
3276	Florida Rules of Workers' Compensation Procedure, motions to
3277	disqualify a judge or a mediator, motions to recuse counsel,
3278	motions to correct the appellate record, and motions to appoint
3279	independent medical examiners under s. 440.13(9)(b) shall be
3280	filed and handled in the manner as provided for a claim in rule
3281	4.025, Florida Rules of Workers' Compensation Procedure, except
3282	the motion shall be filed with the presiding judge in cases
3283	where a petition is pending.
3284	(2)(a) Procedural motions include, but are not limited to,
3285	motions to consolidate, motions related to discovery, motions to
3286	dismiss for lack of jurisdiction and prosecution, motions to
3287	dismiss for lack of specificity, motions to amend and supplement
3288	pretrial stipulations, motions for a continuance, motions to
3289	compel, motions for protective orders, motions to bifurcate the
3290	issues, and motions in limine. Procedural motions shall be heard
3291	on not less than 5 days' written notice. The judge may require
3292	the moving party to serve written notice of the hearing on
3293	opposing counsel. No pretrial hearing shall be required.
3294	(b) A procedural motion shall set forth in detail the
3295	facts giving rise to the motion, its legal basis, and the
3296	specific relief sought. Any documents relied on should be
3297	specifically referenced and attached.
3298	(3)(a) All motions shall contain a certificate of counsel
3299	that the motion is made in good faith and not for the purpose of
3300	delay.
3301	(b) All motions, other than motions to dismiss for lack of
3302	prosecution under rule 4.075(e), Florida Rules of Workers'
3303	Compensation Procedure, shall contain a certificate of counsel
3304	that opposing counsel has been contacted in an effort to resolve
3305	the matter without a hearing, and despite those efforts, the
3306	opposing counsel objects to the motion.
3307	(4) All emergency procedural motions shall be identified
3308	as such and shall identify the nature of the emergency,
3309	including time constraints. Emergency procedural motions shall
3310	be heard promptly.
3311	(5) A written response to a contested motion is not
3312	required. If a written response is made, it shall specifically
3313	state the basis for the objection.
3314	(6) Unless the moving party obtains prior approval of the
3315	judge, all procedural motions shall be heard at the office of
3316	the judge. If the judge allows telephone appearances, the party
3317	wishing to appear by telephone shall be responsible to
3318	coordinate the appearance of counsel and other necessary
3319	participants and to notify the judge.
3320	(7) Notices of hearing shall be prepared and served on the
3321	parties under rule 4.030, Florida Rules of Workers' Compensation
3322	Procedure.
3323	(8) Motions may be heard at pretrial hearing in accordance
3324	with rule 4.045, Florida Rules of Workers' Compensation
3325	Procedure.
3326	(9) Judges, at their own discretion, may treat any motion
3327	seeking affirmative relief or the adjudication of entitlement to
3328	any benefits in the manner provided for a claim or petition
3329	under these rules.
3330	(10)(a) In addition to meeting the requirements of
3331	subsection (1), all motions to dismiss must state with
3332	particularity the basis for the motion. The judge shall enter an
3333	order on such motions without a hearing, unless good cause for
3334	the hearing is shown.
3335	(b) Notwithstanding the entry of a docketing order under
3336	rule 4.029, Florida Rules of Workers' Compensation Procedure,
3337	any motion to dismiss for lack of specificity must be filed
3338	pursuant to s. 440.192(5) and comply with the requirements of
3339	subsections (1) and (2).
3340	(11) All medical records and reports of authorized
3341	treating health care providers relating to the claimant and
3342	subject accident shall be received into evidence upon proper
3343	motion served on the opposing party at the time of the pretrial
3344	hearing or no later than 30 days before the final hearing. Such
3345	records shall be served with the motion.
3346	Section 34. Section 440.293, Florida Statutes, is created
3347	to read:
3348	440.293 Agreements or stipulations.--
3349	(1) Agreements or stipulations not involving settlements
3350	under s. 440.20(11) shall comply with this section.
3351	(2) An agreement or stipulation shall not be enforceable
3352	unless it is in writing and signed by the parties or their
3353	attorneys or dictated on the record.
3354	(3) All agreements or stipulations submitted to a judge
3355	for approval and entry of an order shall include a detailed
3356	statement of the issues in dispute and how the issues were
3357	resolved, including a description of the benefits provided.
3358	(4) Any agreement or stipulation under this section may be
3359	expressly relied on by the judge in any proceeding, unless a
3360	party seeks to be relieved of the agreement or stipulation for
3361	good cause shown.
3362	(5) The judge may abrogate any stipulation that appears to
3363	be manifestly contrary to the evidence on due notice to the
3364	parties; however, the judge need not inquire beyond the
3365	stipulation or agreement.
3366	Section 35. Section 440.295, Florida Statutes, is created
3367	to read:
3368	440.295 Summary judgment.--
3369	(1) Any party may, at any time, move for a summary
3370	judgment in the party’s favor on all or any part of the claim or
3371	defense. A motion for summary judgment may not delay final
3372	hearing.
3373	(2) If, upon the filing of a motion for summary judgment,
3374	the party against whom the motion is directed believes the
3375	summary judgment will delay final hearing, the party shall
3376	immediately notify the court and arrange for a telephone
3377	conference between counsel for the respective parties. The court
3378	shall determine after the conference whether further briefing
3379	and proceedings are appropriate.
3380	(3) Subject to other provisions, summary judgments shall
3381	be rendered if the pleading, depositions, and responses to all
3382	requests for production, together with affidavits, if any, show
3383	there is no genuine issue as to any material fact and the moving
3384	party is entitled to a judgment as a matter of law.
3385	(4) Any party filing a motion under this section shall
3386	include in the motion a statement of uncontroverted facts which
3387	shall set forth in full the specific facts on which the party
3388	relies in support of the motion. The specific facts shall be set
3389	forth in serial fashion and not in narrative form. As to each
3390	fact, the statement shall refer to a specific pleading,
3391	affidavit, or other document where the fact may be found. Any
3392	party opposing a motion filed under this section shall include
3393	in his or her opposition a brief statement of genuine issues,
3394	setting forth specific facts which the opposing party asserts
3395	establish a genuine issue of material fact precluding summary
3396	judgment in favor of the moving party which shall refer to a
3397	specific pleading, affidavit, or other document where the fact
3398	may be found.
3399	(5) If the movant and the party opposing the motion agree
3400	that there is no genuine issue of any material fact, they shall
3401	jointly file a stipulation with the court setting forth a
3402	statement of stipulated facts.
3403	(6) If either party desires a hearing on the motion, a
3404	request shall be made in writing to the court which shall set a
3405	time and place for hearing. If no request for hearing is made
3406	within 10 days after the filing of the motion, any right to a
3407	hearing afforded by this section shall be deemed waived. The
3408	court may order a hearing on its own motion.
3409	(7) Supporting and opposing affidavits shall be made on
3410	personal knowledge, set forth such facts as would be admissible
3411	in evidence, and show affirmatively that the affiant is
3412	competent to testify to the matters stated therein. Copies of
3413	all papers or parts thereof referred to in an affidavit shall be
3414	attached thereto or served therewith. The court may permit
3415	affidavits to be supplemented or opposed by depositions, answers
3416	to discovery, or further affidavits. When a motion for summary
3417	judgment is made and supported as provided in this section, an
3418	adverse party may not rest upon the mere allegations or denials
3419	of his or her pleading, and his or her response, by affidavits
3420	or as otherwise provided in this section, must set forth
3421	specific facts showing that there is a genuine issue for trial.
3422	If the adverse party does not so respond, summary judgment, if
3423	appropriate, may be entered against the adverse party.
3424	(8) Should it appear from the affidavits of the adverse
3425	party that the party filing the motion for summary judgment
3426	cannot present by affidavit facts essential to justify the party
3427	filing the motion for summary judgment's opposition, the court
3428	may delay judgment or may order a continuance to permit
3429	additional discovery or additional affidavits to be obtained.
3430	(9) Should it appear to the satisfaction of the court at
3431	any time that any of the affidavits presented pursuant to this
3432	rule are presented in bad faith or solely for the purpose of
3433	delay, the court may punish the offending party or parties as
3434	provided by law.
3435	Section 36. Subsections (5) and (6) are added to section
3436	440.42, Florida Statutes, to read:
3437	440.42 Insurance policies; liability.--
3438	(4) When there is any controversy as to which of two or
3439	more carriers is liable for the discharge of the obligations and
3440	duties of one or more employers with respect to a claim for
3441	compensation, remedial treatment, or other benefits under this
3442	chapter, the judge of compensation claims shall have
3443	jurisdiction to adjudicate such controversy; and if one of the
3444	carriers voluntarily or in compliance with a compensation order
3445	makes payments in discharge of such liability and it is finally
3446	determined that another carrier is liable for all or any part of
3447	such obligations and duties with respect to such claim, the
3448	carrier which has made payments either voluntarily or in
3449	compliance with a compensation order shall be entitled to
3450	reimbursement from the carrier finally determined liable, and
3451	the judge of compensation claims shall have jurisdiction to
3452	order such reimbursement; however, if the carrier finally
3453	determined liable can demonstrate that it has been prejudiced by
3454	lack of knowledge or notice of its potential liability, such
3455	reimbursement shall be only with respect to payments made after
3456	it had knowledge or notice of its potential liability.
3457	(5) If there is a dispute between two or more carriers
3458	pursuant to subsection (4) regarding liability for workers'
3459	compensation benefits, the following procedures shall be
3460	followed:
3461	(a) When the carriers in dispute agree that benefits are
3462	payable under this chapter and a dispute exists between two or
3463	more carriers as to their respective responsibilities for
3464	payment to or on behalf of the injured employee, upon the motion
3465	of any carrier or upon the motion of the judge of compensation
3466	claims, the judge of compensation claims shall enter a temporary
3467	order requiring equal payment of all compensable benefits by and
3468	between the carriers in dispute.
3469	(b) At any time after the temporary order is issued, any
3470	party may petition for a formal hearing pursuant to subsection
3471	(4) before the judge of compensation claims for a determination
3472	of liability between the carriers. When liability has been
3473	determined by a final order of the judge of compensation claims,
3474	the party held liable for benefits shall be ordered to reimburse
3475	any moneys the other party has paid and shall provide for
3476	payment of interest at 12 percent per annum on any compensation
3477	benefits reimbursed.
3478	(c) Nothing in this section shall prevent the parties from
3479	entering into a stipulation regarding their respective
3480	liabilities which shall be approved by the judge of compensation
3481	claims.
3482	(6) If the employer or carrier stipulates to the claimant
3483	entitlement to attorney's fees and taxable costs and the nature
3484	and amount of benefits secured, the claimant's counsel shall
3485	file a petition for benefits for attorney's fees and taxable
3486	costs within 60 days after said stipulation or the claim for
3487	attorney's fees and taxable costs shall be barred.
3488	Section 37. Section 440.442, Florida Statutes, is amended
3489	to read:
3490	440.442 Code of Judicial Conduct.--The DeputyChief Judge
3491	and judges of compensation claims shall observe and abide by the
3492	Code of Judicial Conduct as adopted by the Florida Supreme
3493	Court. Any material violation of a provision of the Code of
3494	Judicial Conduct shall constitute either malfeasance or
3495	misfeasance in office and shall be grounds for suspension and
3496	removal of the DeputyChief Judge or judge of compensation
3497	claims by the Governor.
3498	Section 38. Section 440.45, Florida Statutes, is amended
3499	to read:
3500	440.45 Office of the Judges of Compensation Claims.--
3501	(1)(a) There is created the Office of the Judges of
3502	Compensation Claims within the Department of Management
3503	Services. The Office of the Judges of Compensation Claims shall
3504	be headed by the Deputy Chief Judge of Compensation Claims. The
3505	Deputy Chief Judge of Compensation Claims shall report to the
3506	Secretarydirector of Management Servicesthe Division of
3507	Administrative Hearings. The DeputyChief Judge shall be
3508	appointed by the Governor for a term of 4 years from only onea
3509	list of three names submitted by the statewide nominating
3510	commission created under subsection (2). The Deputy Chief Judge
3511	of Compensation Claimsmust demonstrate prior administrative
3512	experience and possess the same qualifications for appointment
3513	as a judge of compensation claims, and the procedure for
3514	reappointment of the Deputy Chief Judge of Compensation Claims
3515	will be the same as for reappointment of a judge of compensation
3516	claims. The office shall be a separate budget entity and the
3517	Chief Judge of Compensation Claimsdirector of the Division of
3518	Administrative Hearings shall be its officeagencyhead for all
3519	purposes, including, but not limited to, rulemaking pursuant to
3520	subsection (4) and establishing agency policies and procedures.
3521	The Department of Management Services shall provide
3522	administrative support and service to the office to the extent
3523	requested by the director of the Division of Administrative
3524	Hearingsbut shall not direct, supervise, or control the Office
3525	of the Judges of Compensation Claims in any manner, including,
3526	but not limited to, personnel, purchasing, budgetary matters, or
3527	property transactions. The operating budget of the Office of the
3528	Judges of Compensation Claims shall be paid out of the Workers'
3529	Compensation Administration Trust Fund established in s. 440.50.
3530	(b) The current term of the DeputyChief Judge of
3531	Compensation Claims shall expire October 1, 20032001. Effective
3532	October 1, 20032001, the position of DeputyChief Judge of
3533	Compensation Claims is created.
3534	(2)(a) The Governor shall appoint full-time judges of
3535	compensation claims to conduct proceedings as required by this
3536	chapter or other law. No person may be nominated to serve as a
3537	judge of compensation claims unless he or she has been a member
3538	of The Florida Bar in good standing for the previous 5 years and
3539	must possess a minimum of 5 years' experienceis experiencedin
3540	the full-time practice of Floridalaw of workers' compensation
3541	law. No judge of compensation claims shall engage in the private
3542	practice of law during a term of office.
3543	(b) Except as provided in paragraph (c), the Governor
3544	shall appoint a judge of compensation claims from only onea
3545	list of three persons nominated by a statewide nominating
3546	commission. The statewide nominating commission shall be
3547	composed of the following:
3548	1. Five members, at least one of whom must be a member of
3549	a minority group as defined in s. 288.703(3), one of each who
3550	resides in each of the territorial jurisdictions of the district
3551	courts of appeal, appointed by the Board of Governors of The
3552	Florida Bar from among The Florida Bar members who are engaged
3553	in the practice of law. On July 1, 1999, the term of office of
3554	each person appointed by the Board of Governors of The Florida
3555	Bar to the commission expires. The Board of Governors shall
3556	appoint members who reside in the odd-numbered district court of
3557	appeal jurisdictions to 4-year terms each, beginning July 1,
3558	1999, and members who reside in the even-numbered district court
3559	of appeal jurisdictions to 2-year terms each, beginning July 1,
3560	1999. Thereafter, each member shall be appointed for a 4-year
3561	term;
3562	2. Five electors, at least one of whom must be a member of
3563	a minority group as defined in s. 288.703(3), one of each who
3564	resides in each of the territorial jurisdictions of the district
3565	courts of appeal, appointed by the Governor. On July 1, 1999,
3566	the term of office of each person appointed by the Governor to
3567	the commission expires. The Governor shall appoint members who
3568	reside in the odd-numbered district court of appeal
3569	jurisdictions to 2-year terms each, beginning July 1, 1999, and
3570	members who reside in the even-numbered district court of appeal
3571	jurisdictions to 4-year terms each, beginning July 1, 1999.
3572	Thereafter, each member shall be appointed for a 4-year term;
3573	and
3574	3. Five electors, at least one of whom must be a member of
3575	a minority group as defined in s. 288.703(3), one of each who
3576	resides in the territorial jurisdictions of the district courts
3577	of appeal, selected and appointed by a majority vote of the
3578	other 10 members of the commission. On October 1, 1999, the term
3579	of office of each person appointed to the commission by its
3580	other members expires. A majority of the other members of the
3581	commission shall appoint members who reside in the odd-numbered
3582	district court of appeal jurisdictions to 2-year terms each,
3583	beginning October 1, 1999, and members who reside in the even-
3584	numbered district court of appeal jurisdictions to 4-year terms
3585	each, beginning October 1, 1999. Thereafter, each member shall
3586	be appointed for a 4-year term.
3587
3588	A vacancy occurring on the commission shall be filled by the
3589	original appointing authority for the unexpired balance of the
3590	term. No attorney who appears before any judge of compensation
3591	claims more than four times a year is eligible to serve on the
3592	statewide nominating commission.The meetings and determinations
3593	of the nominating commission as to the judges of compensation
3594	claims shall be open to the public.
3595	(c) Each judge of compensation claims shall be appointed
3596	for a term of 4 years, but during the term of office may be
3597	removed by the Governor for cause. Prior to the expiration of a
3598	judge's term of office, the statewide nominating commission
3599	shall review the judge's conduct and determine whether the
3600	judge's performance is satisfactory. Effective July 1, 2002, in
3601	determining whether a judge's performance is satisfactory, the
3602	commission shall consider the extent to which the judge has met
3603	the requirements of this chapter, including, but not limited to,
3604	the requirements of ss. 440.25(1) and (9)(a)-(h)(4)(a)-(f),
3605	440.34(2), and 440.442. If the judge's performance is deemed
3606	unsatisfactorysatisfactory, the commission shall report its
3607	finding to the Governor no later than 6 months prior to the
3608	expiration of the judge's term of office. The Governor shall
3609	review the commission's report and may reappoint the judge for
3610	an additional 4-year term. If the Governor does not reappoint
3611	the judge, the Governor shall inform the commission. The judge
3612	shall remain in office until the Governor has appointed a
3613	successor judge in accordance with paragraphs (a) and (b). If a
3614	vacancy occurs during a judge's unexpired term, the statewide
3615	nominating commission does not find the judge's performance is
3616	satisfactory, or the Governor does not reappoint the judge, the
3617	Governor shall appoint a successor judge for a term of 4 years
3618	in accordance with paragraph (b).
3619	(d) The Governor may appoint any attorney who has been a
3620	member of The Florida Bar in good standing for the previous 5
3621	years and who possesses a minimum of at least 5 years'years of
3622	experience in the full-time practice of Florida workers'
3623	compensation law in this stateto serve as a judge of
3624	compensation claims pro hac vice in the absence or
3625	disqualification of any full-time judge of compensation claims
3626	or to serve temporarily as an additional judge of compensation
3627	claims in any area of the state in which the Governor determines
3628	that a need exists for such an additional judge. However, an
3629	attorney who is so appointed by the Governor may not serve for a
3630	period of more than 120 successive days.
3631	(e) The Florida Bardirector of the Division of
3632	Administrative Hearingsmay receive or initiate complaints,
3633	conduct investigations, and dismiss complaints against the
3634	DeputyChief Judge and the judges of compensation claims on the
3635	basis of the Code of Judicial Conduct. The Florida Bardirector
3636	may recommend to the Governor the removal or discipline of the
3637	Deputy Chief Judge or a judge of compensation claims or
3638	recommend the discipline of a judgewhose conduct during his or
3639	her term of office warrants such discipline. For purposes of
3640	this section, the term "discipline" includes reprimand, fine,
3641	and suspension with or without pay. At the conclusion of each
3642	investigation, The Florida Bardirectorshall submit preliminary
3643	findings of fact and recommendations to the judge of
3644	compensation claims who is the subject of the complaint. The
3645	Chief Judge and judge of compensation claims shall each havehas
3646	20 days within which to respond to the preliminary findings. The
3647	response and The Florida Bar'sdirector'srebuttal to the
3648	response must be included in the final report submitted to the
3649	Governor.
3650	(3) The DeputyChief Judge shall establish training and
3651	continuing education for new and sitting judges.
3652	(4) The Office of the Judges of Compensation Claims shall
3653	adopt rules to effect the purposes of this section. Such rules
3654	shall include procedural rules applicable to workers'
3655	compensation claim resolution anduniform criteria for measuring
3656	the performance of the office, including, but not limited to,
3657	the number of cases assigned and disposed, the age of pending
3658	and disposed cases, timeliness of decisionmaking, attorney's
3659	fees paid in excess of the fee schedule and the basis therefor
3660	extraordinary fee awards, and other data necessary for the
3661	judicial nominating commission to review the performance of
3662	judges as required in paragraph (2)(c). The Workers'
3663	Compensation Rules of Procedure, rules 4.010 through 4.918, in
3664	effect as of February 22, 2003, shall apply in all workers’
3665	compensation proceedings before the judges of compensation
3666	claims and replace Chapter 60Q-6 Rules of Procedure for Workers'
3667	Compensation Adjudication and all forms referenced therein.
3668	Thereafter, Workers' Compensation Rules of Procedure shall be
3669	promulgated by The Florida Bar Rules Committee and adopted
3670	approved by the Supreme Court apply until the rules adopted by
3671	the Office of the Judges of Compensation Claims pursuant to s.
3672	440.29(3)this section become effective. All forms referenced in
3673	this chapter shall be promulgated by The Florida Bar Rules
3674	Committee.
3675	(5) Not later than December 1 of each year, commencing
3676	December 1, 2004,the Office of the Judges of Compensation
3677	Claims shall issue a written report to the Governor, the House
3678	of Representatives, the Senate, The Florida Bar, the Workers'
3679	Compensation Section of The Florida Bar,and the statewide
3680	nominating commission summarizing the amount, cost, and outcome
3681	of all litigation resolved in the previous fiscal year;
3682	summarizing the disposition of mediation conferences, the number
3683	of mediation conferences held, the number of continuances
3684	granted for mediations and final hearings,the number and
3685	outcome of litigated cases, the amount of attorney's fees paid
3686	in excess of the fee schedule and the basis thereforin each
3687	case according to order year and accident year, and the number
3688	of final orders not issued within 6030days after the final
3689	hearing or closure of the hearing record; and recommending
3690	changes or improvements to the dispute resolution elements of
3691	the Workers' Compensation Law and regulations. If the Deputy
3692	Chief Judge finds that judges generally are unable to meet a
3693	particular statutory requirement for reasons beyond their
3694	control, the DeputyChief Judge shall submit such findings and
3695	any recommendations to the Legislature.
3696	Section 39. Subsections (6) through (9) of section
3697	440.491, Florida Statutes, are renumbered as subsections (7)
3698	through (10), respectively, and a new subsection (6) is added to
3699	said section, to read:
3700	440.491 Reemployment of injured workers; rehabilitation.--
3701	(6) ADDITIONAL REHABILITATION TEMPORARY TOTAL DISABILITY
3702	BENEFITS.--
3703	(a) When the employer or carrier denies the payment of
3704	additional rehabilitation temporary total disability benefits,
3705	an employer or carrier shall give the employee 7 days' written
3706	notice of denial by certificate of mailing that the employee’s
3707	additional rehabilitation temporary total disability benefits
3708	are being denied; provide the employee with a copy of any
3709	documentation for the denial, including any medical, employment,
3710	wages, vocational reports, and unemployment records; and advise
3711	the employee of his or her right to request a hearing on the
3712	payment of additional rehabilitation temporary total disability
3713	benefits by filing a petition for benefits. The employer's or
3714	carrier’s failure to comply with this time provision shall
3715	result in a waiver of any time period in which to file a
3716	petition for benefits on the issue. The evidence of any
3717	investigator, adjuster, or other witness in the nature of
3718	surveillance shall be subject to discovery when such evidence
3719	will be used at trial, provided the party intending to use such
3720	evidence is first given a reasonable opportunity to depose the
3721	party or witness who is the subject of the surveillance.
3722	(b) When the Division of Workers’ Compensation has
3723	determined an injured employee is entitled to retraining and
3724	education to obtain suitable gainful employment and the employee
3725	claims and the employer or carrier contests the employee’s
3726	entitlement to an additional 26 weeks of rehabilitation
3727	temporary total disability benefits, or an extended period to be
3728	determined necessary and proper by the judge of compensation
3729	claims, the employee shall file a petition for benefits for
3730	rehabilitation temporary total disability benefits which
3731	includes a statement of the period in dispute, copies of all
3732	vocational reports from the division establishing the employee's
3733	entitlement to retraining, copies of the employee’s transcripts
3734	and attendance records coinciding with the first 26 weeks of
3735	benefits, medical reports establishing that the employee has
3736	limitations and restrictions which preclude his or her obtaining
3737	suitable gainful employment as provided in this section, and a
3738	proposed course of study for the period claimed. A copy of said
3739	documentation shall be sent to the employer and carrier and its
3740	representative no later than 10 days after the filing of the
3741	petition for benefits.
3742	(c) The failure of the employee to provide the
3743	documentation required by paragraph (a) shall result in
3744	dismissal of the employee's petition for benefits. The failure
3745	of the employer or carrier to provide the documentation required
3746	by paragraph (b) shall result in the same being excluded from
3747	evidence at any trial of this issue.
3748	Section 40. Paragraph (b) of subsection (1) and subsection
3749	(4) of section 112.3145, Florida Statutes, are amended to read:
3750	112.3145 Disclosure of financial interests and clients
3751	represented before agencies.--
3752	(1) For purposes of this section, unless the context
3753	otherwise requires, the term:
3754	(b) "Specified state employee" means:
3755	1. Public counsel created by chapter 350, an assistant
3756	state attorney, an assistant public defender, a full-time state
3757	employee who serves as counsel or assistant counsel to any state
3758	agency, the DeputyChief Judge of Compensation Claims, a judge
3759	of compensation claims, an administrative law judge, or a
3760	hearing officer.
3761	2. Any person employed in the office of the Governor or in
3762	the office of any member of the Cabinet if that person is exempt
3763	from the Career Service System, except persons employed in
3764	clerical, secretarial, or similar positions.
3765	3. Each appointed secretary, assistant secretary, deputy
3766	secretary, executive director, assistant executive director, or
3767	deputy executive director of each state department, commission,
3768	board, or council; unless otherwise provided, the division
3769	director, assistant division director, deputy director, bureau
3770	chief, and assistant bureau chief of any state department or
3771	division; or any person having the power normally conferred upon
3772	such persons, by whatever title.
3773	4. The superintendent or institute director of a state
3774	mental health institute established for training and research in
3775	the mental health field or the warden or director of any major
3776	state institution or facility established for corrections,
3777	training, treatment, or rehabilitation.
3778	5. Business managers, purchasing agents having the power
3779	to make any purchase exceeding the threshold amount provided for
3780	in s. 287.017 for CATEGORY ONE, finance and accounting
3781	directors, personnel officers, or grants coordinators for any
3782	state agency.
3783	6. Any person, other than a legislative assistant exempted
3784	by the presiding officer of the house by which the legislative
3785	assistant is employed, who is employed in the legislative branch
3786	of government, except persons employed in maintenance, clerical,
3787	secretarial, or similar positions.
3788	7. Each employee of the Commission on Ethics.
3789	(4) Each elected constitutional officer, state officer,
3790	local officer, and specified state employee shall file a
3791	quarterly report of the names of clients represented for a fee
3792	or commission, except for appearances in ministerial matters,
3793	before agencies at his or her level of government. For the
3794	purposes of this part, agencies of government shall be
3795	classified as state-level agencies or agencies below state
3796	level. Each local officer shall file such report with the
3797	supervisor of elections of the county in which the officer is
3798	principally employed or is a resident. Each state officer,
3799	elected constitutional officer, and specified state employee
3800	shall file such report with the commission. The report shall be
3801	filed only when a reportable representation is made during the
3802	calendar quarter and shall be filed no later than the last day
3803	of each calendar quarter, for the previous calendar quarter.
3804	Representation before any agency shall be deemed to include
3805	representation by such officer or specified state employee or by
3806	any partner or associate of the professional firm of which he or
3807	she is a member and of which he or she has actual knowledge. For
3808	the purposes of this subsection, the term "representation before
3809	any agency" does not include appearances before any court or the
3810	DeputyChief Judge of Compensation Claims or judges of
3811	compensation claims or representations on behalf of one's agency
3812	in one's official capacity. Such term does not include the
3813	preparation and filing of forms and applications merely for the
3814	purpose of obtaining or transferring a license based on a quota
3815	or a franchise of such agency or a license or operation permit
3816	to engage in a profession, business, or occupation, so long as
3817	the issuance or granting of such license, permit, or transfer
3818	does not require substantial discretion, a variance, a special
3819	consideration, or a certificate of public convenience and
3820	necessity.
3821	Section 41. Subsection (1) of section 120.65, Florida
3822	Statutes, is amended to read:
3823	120.65 Administrative law judges.--
3824	(1) The Division of Administrative Hearings within the
3825	Department of Management Services shall be headed by a director
3826	who shall be appointed by the Administration Commission and
3827	confirmed by the Senate. The director, who shall also serve as
3828	the chief administrative law judge, and any deputy chief
3829	administrative law judge must possess the same minimum
3830	qualifications as the administrative law judges employed by the
3831	division. The DeputyChief Judge of Compensation Claims must
3832	possess the minimum qualifications established in s. 440.45(2)
3833	and shall report to the director. The division shall be a
3834	separate budget entity, and the director shall be its agency
3835	head for all purposes. The Department of Management Services
3836	shall provide administrative support and service to the division
3837	to the extent requested by the director. The division shall not
3838	be subject to control, supervision, or direction by the
3839	Department of Management Services in any manner, including, but
3840	not limited to, personnel, purchasing, transactions involving
3841	real or personal property, and budgetary matters.
3842	Section 42. Paragraph (i) of subsection (1) of section
3843	121.055, Florida Statutes, is amended to read:
3844	121.055 Senior Management Service Class.--There is hereby
3845	established a separate class of membership within the Florida
3846	Retirement System to be known as the "Senior Management Service
3847	Class," which shall become effective February 1, 1987.
3848	(1)
3849	(i)1. Except as provided in subparagraph 2., effective
3850	July 1, 1999, participation in the Senior Management Service
3851	Class is compulsory for any member of the Florida Retirement
3852	System who is employed as the DeputyChief Judge of Compensation
3853	Claims or as a judge of compensation claims with the Office of
3854	the Judges of Compensation Claims within the Division of
3855	Administrative Hearings.
3856	2. In lieu of participating in the Senior Management
3857	Service Class, the DeputyChief Judge of Compensation Claims or
3858	a judge of compensation claims may participate in the Senior
3859	Management Service Optional Annuity Program established under
3860	subsection (6).
3861	Section 43. Paragraph (b) of subsection (2) of section
3862	216.251, Florida Statutes, is amended to read:
3863	216.251 Salary appropriations; limitations.--
3864	(2)
3865	(b) Salary payments shall be made only to employees
3866	filling established positions included in the agency's or in the
3867	judicial branch's approved budgets and amendments thereto as may
3868	be provided by law; provided, however:
3869	1. Reclassification of established positions may be
3870	accomplished when justified in accordance with the established
3871	procedures for reclassifying positions; or
3872	2. When the Division of Risk Management of the Department
3873	of Insurance has determined that an employee is entitled to
3874	receive a temporary partial disability benefit pursuant to the
3875	provisions of s. 440.1502or a temporary total disability
3876	benefit pursuant to the provisions of s. 440.15 and there is
3877	medical certification that the employee cannot perform the
3878	duties of the employee's regular position, but the employee can
3879	perform some type of work beneficial to the agency, the agency
3880	may return the employee to the payroll, at his or her regular
3881	rate of pay, to perform such duties as the employee is capable
3882	of performing, even if there is not an established position in
3883	which the employee can be placed. Nothing in this subparagraph
3884	shall abrogate an employee's rights under chapter 440 or chapter
3885	447, nor shall it adversely affect the retirement credit of a
3886	member of the Florida Retirement System in the membership class
3887	he or she was in at the time of, and during, the member's
3888	disability.
3889	Section 44. Paragraph (b) of subsection (3) of section
3890	440.105, Florida Statutes, is amended to read:
3891	440.105 Prohibited activities; reports; penalties;
3892	limitations.--
3893	(3) Whoever violates any provision of this subsection
3894	commits a misdemeanor of the first degree, punishable as
3895	provided in s. 775.082 or s. 775.083.
3896	(b) It is unlawful for any attorney or other person, in
3897	his or her individual capacity or in his or her capacity as a
3898	public or private employee, or for any firm, corporation,
3899	partnership, or association to receive any fee or other
3900	consideration or any gratuity from a person on account of
3901	services rendered for a person in connection with any
3902	proceedings arising under this chapter, unless such fee,
3903	consideration, or gratuity is approved by a judge of
3904	compensation claims or by the DeputyChief Judge of Compensation
3905	Claims.
3906	Section 45. Subsection (16) of section 440.134, Florida
3907	Statutes, is amended to read:
3908	440.134 Workers' compensation managed care arrangement.--
3909	(16) When a carrier enters into a managed care arrangement
3910	pursuant to this section the employees who are covered by the
3911	provisions of such arrangement shall be deemed to have received
3912	all the benefits to which they are entitled pursuant to ss.s.
3913	440.13(2)(a) and 440.1509(1)(b). In addition, the employer shall
3914	be deemed to have complied completely with the requirements of
3915	such provisions. The provisions governing managed care
3916	arrangements shall govern exclusively unless specifically stated
3917	otherwise in this section.
3918	Section 46. Subsection (4) of section 440.14, Florida
3919	Statutes, is amended to read:
3920	440.14 Determination of pay.--
3921	(4) Upon termination of the employee or upon termination
3922	of the payment of fringe benefits of any employee who is
3923	collecting indemnity benefits pursuant to ss.s. 440.15-440.1507
3924	(2) or (3)(b), the employer shall within 7 days of such
3925	termination file a corrected 13-week wage statement reflecting
3926	the wages paid and the fringe benefits that had been paid to the
3927	injured employee, as provided in s. 440.02(28)(27).
3928	Section 47. Paragraph (a) of subsection (1), subsection
3929	(2), paragraph (c) of subsection (8), and paragraph (c) of
3930	subsection (11) of section 440.20, Florida Statutes, are amended
3931	to read:
3932	440.20 Time for payment of compensation; penalties for
3933	late payment.--
3934	(1)(a) Unless it denies compensability or entitlement to
3935	benefits, the carrier shall pay compensation directly to the
3936	employee as required by ss. 440.14, 440.15-440.1507, and 440.16,
3937	in accordance with the obligations set forth in such sections.
3938	If authorized by the employee, the carrier's obligation to pay
3939	compensation directly to the employee is satisfied when the
3940	carrier directly deposits, by electronic transfer or other
3941	means, compensation into the employee's account at a financial
3942	institution. As used in this paragraph, the term "financial
3943	institution" means a financial institution as defined in s.
3944	655.005(1)(h). Compensation by direct deposit is considered paid
3945	on the date the funds become available for withdrawal by the
3946	employee.
3947	(2) The carrier must pay the first installment of
3948	compensation or deny compensability no later than the 14th day
3949	after the employer receives notice of the injury or death. The
3950	carrier shall thereafter pay compensation in biweekly
3951	installments or as otherwise provided in ss.s. 440.15-440.1507,
3952	unless the judge of compensation claims determines or the
3953	parties agree that an alternate installment schedule is in the
3954	best interests of the employee.
3955	(8) In addition to any other penalties provided by this
3956	chapter for late payment, if any installment of compensation is
3957	not paid when it becomes due, the employer, carrier, or
3958	servicing agent shall pay interest thereon at the rate of 12
3959	percent per year from the date the installment becomes due until
3960	it is paid, whether such installment is payable without an order
3961	or under the terms of an order. The interest payment shall be
3962	the greater of the amount of interest due or $5.
3963	(c) In order to ensure carrier compliance under this
3964	chapter and provisions of the Florida Insurance Code, the
3965	department shall monitor the performance of carriers by
3966	conducting market conduct examinations, as provided in s.
3967	624.3161, and conducting investigations, as provided in s.
3968	624.317. The department shall establish by rule minimum
3969	performance standards for carriers to ensure that a minimum of
3970	90 percent of all compensation benefits are timely paid. The
3971	department shall fine a carrier as provided in s. 440.1312(2)
3972	440.13(11)(b)up to $50 for each late payment of compensation
3973	that is below the minimum 90 percent performance standard. This
3974	paragraph does not affect the imposition of any penalties or
3975	interest due to the claimant. If a carrier contracts with a
3976	servicing agent to fulfill its administrative responsibilities
3977	under this chapter, the payment practices of the servicing agent
3978	are deemed the payment practices of the carrier for the purpose
3979	of assessing penalties against the carrier.
3980	(11)
3981	(c) Notwithstanding s. 440.21(2), when a claimant is
3982	represented by counsel, the claimant may waive all rights to any
3983	and all benefits under this chapter by entering into a
3984	settlement agreement releasing the employer and the carrier from
3985	liability for workers' compensation benefits in exchange for a
3986	lump-sum payment to the claimant. The settlement agreement
3987	requires approval by the judge of compensation claims only as to
3988	the attorney's fees paid to the claimant's attorney by the
3989	claimant. The parties need not submit any information or
3990	documentation in support of the settlement, except as needed to
3991	justify the amount of the attorney's fees. Neither the employer
3992	nor the carrier is responsible for any attorney's fees relating
3993	to the settlement and release of claims under this section.
3994	Payment of the lump-sum settlement amount must be made within 14
3995	days after the date the judge of compensation claims mails the
3996	order approving the attorney's fees. Any order entered by a
3997	judge of compensation claims approving the attorney's fees as
3998	set out in the settlement under this subsection is not
3999	considered to be an award and is not subject to modification or
4000	review. The judge of compensation claims shall report these
4001	settlements to the DeputyChief Judge in accordance with the
4002	requirements set forth in paragraphs (a) and (b). Settlements
4003	entered into under this subsection are valid and apply to all
4004	dates of accident.
4005	Section 48. Subsection (2) of section 440.207, Florida
4006	Statutes, is amended to read:
4007	440.207 Workers' compensation system guide.--
4008	(2) The department shall publish an understandable guide
4009	to the workers' compensation system which shall contain an
4010	explanation of benefits provided; services provided by the
4011	Employee Assistance and Ombudsman Office;procedures regarding
4012	mediation, the hearing process, and civil and criminal
4013	penalties; relevant rules of the department; and such other
4014	information as the department believes will inform employees,
4015	employers, carriers, and those providing services pursuant to
4016	this chapter of their rights and responsibilities under this
4017	chapter and the rules of the department. For the purposes of
4018	this subsection, a guide is understandable if the text of the
4019	guide is written at a level of readability not exceeding the
4020	eighth grade level, as determined by a recognized readability
4021	test.
4022	Section 49. Subsection (2) of section 440.29, Florida
4023	Statutes, is amended to read:
4024	440.29 Procedure before the judge of compensation
4025	claims.--
4026	(2) Hearings before the judge of compensation claims shall
4027	be open to the public, and the DeputyChief Judge is authorized
4028	to designate the manner in which particular types of hearings
4029	are recorded and reported and, when necessary, to contract for
4030	the reporting of such hearings. The DeputyChief Judge shall
4031	arrange for the preparation of a record of the hearings and
4032	other proceedings before judges of compensation claims, as
4033	necessary, and is authorized to allow for the attendance of
4034	court reporters at hearings, for preparation of transcripts of
4035	testimony, for copies of any instrument, and for other reporting
4036	or recording services. The DeputyChief Judge may charge the
4037	same fees allowed by law or court rule to reporters, persons
4038	preparing transcripts, or clerks of courts of this state for
4039	like services.
4040	Section 50. Subsection (5) of section 440.44, Florida
4041	Statutes, is amended to read:
4042	440.44 Workers' compensation; staff organization.--
4043	(5) OFFICE.--The department, the agency, the Department of
4044	Education, and the DeputyChief Judge shall maintain and keep
4045	open during reasonable business hours an office, which shall be
4046	provided in the Capitol or some other suitable building in the
4047	City of Tallahassee, for the transaction of business under this
4048	chapter, at which office the official records and papers shall
4049	be kept. The office shall be furnished and equipped. The
4050	department, the agency, any judge of compensation claims, or the
4051	DeputyChief Judge may hold sessions and conduct hearings at any
4052	place within the state. The Office of the Judges of Compensation
4053	Claims shall maintain the 17 district offices, 31 judges of
4054	compensation claims, and 31 mediators as they exist on June 30,
4055	2001.
4056	Section 51. Section 440.47, Florida Statutes, is amended
4057	to read:
4058	440.47 Travel expenses.--The DeputyChief Judge, judges of
4059	compensation claims, and employees of the department shall be
4060	reimbursed for travel expenses as provided in s. 112.061. Such
4061	expenses shall be sworn to by the person who incurred the same
4062	and shall be allowed and paid as provided in s. 440.50 upon the
4063	presentation of vouchers therefor approved by the director of
4064	the Division of Administrative Hearings or the department,
4065	whichever is applicable.
4066	Section 52. Paragraph (a) of subsection (4) and paragraphs
4067	(a) and (c) of subsection (6) of section 440.49, Florida
4068	Statutes, are amended to read:
4069	440.49 Limitation of liability for subsequent injury
4070	through Special Disability Trust Fund.--
4071	(4) PERMANENT IMPAIRMENT OR PERMANENT TOTAL DISABILITY,
4072	TEMPORARY BENEFITS, MEDICAL BENEFITS, OR ATTENDANT CARE AFTER
4073	OTHER PHYSICAL IMPAIRMENT.--
4074	(a) Permanent impairment.--If an employee who has a
4075	preexisting permanent physical impairment incurs a subsequent
4076	permanent impairment from injury or occupational disease arising
4077	out of, and in the course of, her or his employment which merges
4078	with the preexisting permanent physical impairment to cause a
4079	permanent impairment, the employer shall, in the first instance,
4080	pay all benefits provided by this chapter; but, subject to the
4081	limitations specified in subsection (6), such employer shall be
4082	reimbursed from the Special Disability Trust Fund created by
4083	subsection (9) for 50 percent of all impairment benefits which
4084	the employer has been required to provide pursuant to s.
4085	440.1503(1)440.15(3)(a)as a result of the subsequent accident
4086	or occupational disease.
4087	(6) EMPLOYER KNOWLEDGE, EFFECT ON REIMBURSEMENT.--
4088	(a) Reimbursement is not allowed under this section unless
4089	it is established that the employer knew of the preexisting
4090	permanent physical impairment prior to the occurrence of the
4091	subsequent injury or occupational disease, and that the
4092	permanent physical impairment is one of the following:
4093	1. Epilepsy.
4094	2. Diabetes.
4095	3. Cardiac disease.
4096	4. Amputation of foot, leg, arm, or hand.
4097	5. Total loss of sight of one or both eyes or a partial
4098	loss of corrected vision of more than 75 percent bilaterally.
4099	6. Residual disability from poliomyelitis.
4100	7. Cerebral palsy.
4101	8. Multiple sclerosis.
4102	9. Parkinson's disease.
4103	10. Meniscectomy.
4104	11. Patellectomy.
4105	12. Ruptured cruciate ligament.
4106	13. Hemophilia.
4107	14. Chronic osteomyelitis.
4108	15. Surgical or spontaneous fusion of a major weight-
4109	bearing joint.
4110	16. Hyperinsulinism.
4111	17. Muscular dystrophy.
4112	18. Thrombophlebitis.
4113	19. Herniated intervertebral disk.
4114	20. Surgical removal of an intervertebral disk or spinal
4115	fusion.
4116	21. One or more back injuries or a disease process of the
4117	back resulting in disability over a total of 120 or more days,
4118	if substantiated by a doctor's opinion that there was a
4119	preexisting impairment to the claimant's back.
4120	22. Total deafness.
4121	23. Mental retardation, provided the employee's
4122	intelligence quotient is such that she or he falls within the
4123	lowest 2 percentile of the general population. However, it shall
4124	not be necessary for the employer to know the employee's actual
4125	intelligence quotient or actual relative ranking in relation to
4126	the intelligence quotient of the general population.
4127	24. Any permanent physical condition which, prior to the
4128	industrial accident or occupational disease, constitutes a 20-
4129	percent impairment of a member or of the body as a whole.
4130	25. Obesity, provided the employee is 30 percent or more
4131	over the average weight designated for her or his height and age
4132	in the Table of Average Weight of Americans by Height and Age
4133	prepared by the Society of Actuaries using data from the 1979
4134	Build and Blood Pressure Study.
4135	26. Any permanent physical impairment as defined in s.
4136	440.1503440.15(3)which is a result of a prior industrial
4137	accident with the same employer or the employer's parent
4138	company, subsidiary, sister company, or affiliate located within
4139	the geographical boundaries of this state.
4140	(c) An employer's or carrier's right to apportionment or
4141	deduction pursuant to ss. 440.02(1), 440.1506(1)(b)
4142	440.15(5)(b), and 440.151(1)(c) does not preclude reimbursement
4143	from such fund, except when the merger comes within the
4144	definition of paragraph (2)(c) and such apportionment or
4145	deduction relieves the employer or carrier from providing the
4146	materially and substantially greater permanent disability
4147	benefits otherwise contemplated in those paragraphs.
4148	Section 53. Paragraph (a) of subsection (1) of section
4149	440.50, Florida Statutes, is amended to read:
4150	440.50 Workers' Compensation Administration Trust Fund.--
4151	(1)(a) There is established in the State Treasury a
4152	special fund to be known as the "Workers' Compensation
4153	Administration Trust Fund" for the purpose of providing for the
4154	payment of all expenses in respect to the administration of this
4155	chapter, including the vocational rehabilitation of injured
4156	employees as provided in s. 440.49 and the payments due under s.
4157	440.1505(1)(f)440.15(1)(f), the funding of the fixed
4158	administrative expenses of the plan, and the funding of the
4159	Bureau of Workers' Compensation Fraud within the Department of
4160	Insurance. Such fund shall be administered by the department.
4161	Section 54. Paragraph (b) of subsection (1) of section
4162	440.51, Florida Statutes, is amended to read:
4163	440.51 Expenses of administration.--
4164	(1) The department shall estimate annually in advance the
4165	amounts necessary for the administration of this chapter, in the
4166	following manner.
4167	(b) The total expenses of administration shall be prorated
4168	among the carriers writing compensation insurance in the state
4169	and self-insurers. The net premiums collected by carriers and
4170	the amount of premiums calculated by the department for self-
4171	insured employers are the basis for computing the amount to be
4172	assessed. When reporting deductible policy premium for purposes
4173	of computing assessments levied after July 1, 2001, full policy
4174	premium value must be reported prior to application of
4175	deductible discounts or credits. This amount may be assessed as
4176	a specific amount or as a percentage of net premiums payable as
4177	the department may direct, provided such amount so assessed
4178	shall not exceed 2.75 percent, beginning January 1, 2001, except
4179	during the interim period from July 1, 2000, through December
4180	31, 2000, such assessments shall not exceed 4 percent of such
4181	net premiums. The carriers may elect to make the payments
4182	required under s. 440.1505(1)(f)440.15(1)(f)rather than having
4183	these payments made by the department. In that event, such
4184	payments will be credited to the carriers, and the amount due by
4185	the carrier under this section will be reduced accordingly.
4186	Section 55. Section 631.929, Florida Statutes, is amended
4187	to read:
4188	631.929 Election of remedies.--An injured worker who has a
4189	date of accident which occurred before January 1, 1994, and is
4190	not receiving benefits due under chapter 440 due to the
4191	insolvency of a self-insurance fund or its successors,
4192	regardless of the date declared insolvent by the court, may
4193	elect to seek medical care, treatment, and attendance, and
4194	compensation required under ss. 440.15-440.1507and 440.16 from
4195	the corporation and forego the remedy to seek benefits from his
4196	or her employer or the insolvent self-insurance fund. An
4197	employee who so elects may be required to obtain medical care,
4198	treatment, and attendance through a managed care plan comporting
4199	with the requirement of s. 440.134 if the plan of operation so
4200	provides. An injured worker has 60 days to seek benefits from
4201	the corporation upon ratification by the corporation of his or
4202	her right to elect a remedy under this part. If the injured
4203	worker elects to pursue his or her remedy under the provisions
4204	of this part, the corporation may, with the agreement of the
4205	injured employee, pay a lump-sum payment in exchange for the
4206	corporation's and employer's release from liability for future
4207	medical and compensation expenses, as well as any other benefit
4208	provided under chapter 440. However, there shall be no
4209	entitlement to attorney's fees, penalties, interest, or costs to
4210	be paid on any claim presented to the corporation under this
4211	part. This section shall not create any cause of action against
4212	any employer who purchased workers' compensation insurance
4213	coverage pursuant to s. 440.38.
4214	Section 56. Subsection (2) of section 946.523, Florida
4215	Statutes, is amended to read:
4216	946.523 Prison industry enhancement (PIE) programs.--
4217	(2) Notwithstanding any other law to the contrary,
4218	including s. 440.1506(5)440.15(9), private sector employers
4219	shall provide workers' compensation coverage to inmates who
4220	participate in prison industry enhancement (PIE) programs under
4221	subsection (1). However, inmates are not entitled to
4222	unemployment compensation.
4223	Section 57. Paragraph (b) of subsection (8) of section
4224	948.03, Florida Statutes, is amended to read:
4225	948.03 Terms and conditions of probation or community
4226	control.--
4227	(8)
4228	(b) In determining the average weekly wage, unless
4229	otherwise determined by a specific funding program, all
4230	remuneration received from the employer shall be considered a
4231	gratuity, and the offender shall not be entitled to any benefits
4232	otherwise payable under ss.s. 440.15-440.1507, regardless of
4233	whether the offender may be receiving wages and remuneration
4234	from other employment with another employer and regardless of
4235	his or her future wage-earning capacity. The provisions of this
4236	subsection do not apply to any person performing labor under a
4237	sentence of a court to perform community services as provided in
4238	s. 316.193.
4239	Section 58. Subsection (4) of section 960.13, Florida
4240	Statutes, is amended to read:
4241	960.13 Awards.--
4242	(4) Any award made pursuant to this chapter shall be made
4243	in accordance with the schedule of benefits, degrees of
4244	disability, and wage-loss formulas specified in ss. 440.12,and
4245	440.15-440.1505, and 440.1507excluding subsection (5) of that
4246	section.
4247	Section 59. Paragraph (a) of subsection (4) of section
4248	985.21, Florida Statutes, is amended to read:
4249	985.21 Intake and case management.--
4250	(4) The juvenile probation officer shall make a
4251	preliminary determination as to whether the report, affidavit,
4252	or complaint is complete, consulting with the state attorney as
4253	may be necessary. In any case where the juvenile probation
4254	officer or the state attorney finds that the report, affidavit,
4255	or complaint is insufficient by the standards for a probable
4256	cause affidavit, the juvenile probation officer or state
4257	attorney shall return the report, affidavit, or complaint,
4258	without delay, to the person or agency originating the report,
4259	affidavit, or complaint or having knowledge of the facts or to
4260	the appropriate law enforcement agency having investigative
4261	jurisdiction of the offense, and shall request, and the person
4262	or agency shall promptly furnish, additional information in
4263	order to comply with the standards for a probable cause
4264	affidavit.
4265	(a) The juvenile probation officer, upon determining that
4266	the report, affidavit, or complaint is complete, pursuant to
4267	uniform procedures established by the department, shall:
4268	1. When indicated by the preliminary screening, provide
4269	for a comprehensive assessment of the child and family for
4270	substance abuse problems, using community-based licensed
4271	programs with clinical expertise and experience in the
4272	assessment of substance abuse problems.
4273	2. When indicated by the preliminary screening, provide
4274	for a comprehensive assessment of the child and family for
4275	mental health problems, using community-based psychologists,
4276	psychiatrists, or other licensed mental health professionals
4277	with clinical expertise and experience in the assessment of
4278	mental health problems.
4279
4280	When indicated by the comprehensive assessment, the department
4281	is authorized to contract within appropriated funds for services
4282	with a local nonprofit community mental health or substance
4283	abuse agency licensed or authorized under chapter 394, or
4284	chapter 397, or other authorized nonprofit social service agency
4285	providing related services. The determination of mental health
4286	or substance abuse services shall be conducted in coordination
4287	with existing programs providing mental health or substance
4288	abuse services in conjunction with the intake office. Client
4289	information resulting from the screening and evaluation shall be
4290	documented pursuant to rules established by the department and
4291	shall serve to assist the juvenile probation officer in
4292	providing the most appropriate services and recommendations in
4293	the least intrusive manner. Such client information shall be
4294	used in the multidisciplinary assessment and classification of
4295	the child, but such information, and any information obtained
4296	directly or indirectly through the assessment process, is
4297	inadmissible in court prior to the disposition hearing, unless
4298	the child's written consent is obtained. At the disposition
4299	hearing, documented client information shall serve to assist the
4300	court in making the most appropriate custody, adjudicatory, and
4301	dispositional decision. If the screening and assessment indicate
4302	that the interest of the child and the public will be best
4303	served thereby, the juvenile probation officer, with the
4304	approval of the state attorney, may refer the child for care,
4305	diagnostic and evaluation services, substance abuse treatment
4306	services, mental health services, retardation services, a
4307	diversionary or arbitration or mediation program, community
4308	service work, or other programs or treatment services
4309	voluntarily accepted by the child and the child's parents or
4310	legal guardians. The victim, if any, and the law enforcement
4311	agency which investigated the offense shall be notified
4312	immediately by the state attorney of the action taken under this
4313	paragraph. Whenever a child volunteers to participate in any
4314	work program under this chapter or volunteers to work in a
4315	specified state, county, municipal, or community service
4316	organization supervised work program or to work for the victim,
4317	the child shall be considered an employee of the state for the
4318	purposes of liability. In determining the child's average weekly
4319	wage, unless otherwise determined by a specific funding program,
4320	all remuneration received from the employer is considered a
4321	gratuity, and the child is not entitled to any benefits
4322	otherwise payable under ss.s. 440.15-440.1507, regardless of
4323	whether the child may be receiving wages and remuneration from
4324	other employment with another employer and regardless of the
4325	child's future wage-earning capacity.
4326	Section 60. Paragraph (g) of subsection (1) of section
4327	985.231, Florida Statutes, is amended to read:
4328	985.231 Powers of disposition in delinquency cases.--
4329	(1)
4330	(g) Whenever a child is required by the court to
4331	participate in any work program under this part or whenever a
4332	child volunteers to work in a specified state, county,
4333	municipal, or community service organization supervised work
4334	program or to work for the victim, either as an alternative to
4335	monetary restitution or as a part of the rehabilitative or
4336	probation program, the child is an employee of the state for the
4337	purposes of liability. In determining the child's average weekly
4338	wage unless otherwise determined by a specific funding program,
4339	all remuneration received from the employer is a gratuity, and
4340	the child is not entitled to any benefits otherwise payable
4341	under ss.s. 440.15-440.1507, regardless of whether the child
4342	may be receiving wages and remuneration from other employment
4343	with another employer and regardless of the child's future wage-
4344	earning capacity.
4345	Section 61. Paragraph (c) of subsection (5) of section
4346	985.315, Florida Statutes, is amended to read:
4347	985.315 Educational/technical and vocational work-related
4348	programs.--
4349	(5)
4350	(c) Notwithstanding any other law to the contrary,
4351	including s. 440.1506(5)440.15(9), private sector employers
4352	shall provide juveniles participating in juvenile work programs
4353	under paragraph (b) with workers' compensation coverage, and
4354	juveniles shall be entitled to the benefits of such coverage.
4355	Nothing in this subsection shall be construed to allow juveniles
4356	to participate in unemployment compensation benefits.
4357	Section 62. This act shall take effect upon becoming a
4358	law.