HB 1539 2003
1	A bill to be entitled
2	An act relating to workers' compensation; amending s.
3	440.02, F.S.; redefining the term "employee" for purposes
4	of the Workers' Compensation Law; revising provisions that
5	authorize certain officers of a corporation to elect to be
6	exempt from ch. 440, F.S.; redefining the term
7	"employment"; redefining the term "wages"; amending s.
8	440.05, F.S.; providing a procedure under which an officer
9	of a corporation may elect to be exempt from ch. 440,
10	F.S.; providing certain exceptions; removing references to
11	sole proprietors and partners from provisions authorizing
12	election of exemption; revising requirements for notice;
13	amending s. 440.11, F.S.; providing for the exclusive
14	liability of a carrier or self-insured employer; amending
15	s. 440.13, F.S.; including a licensed psychologist within
16	the definition of the terms "physician" and "doctor";
17	deleting a mandatory requirement for certification;
18	providing for an employer or carrier to allow an employee
19	to select medical providers; revising requirements for
20	requesting treatment or care; providing requirements for
21	transfer of care; providing notice requirements for access
22	to medical records; revising requirements for independent
23	medical examinations; authorizing a health care provider
24	to file a petition in order to contest the disallowance or
25	adjustment of payment by a carrier; providing for the
26	medical provider to recover costs and attorney's fees;
27	revising requirements for determining reimbursement
28	amounts; restricting a health care provider's right to
29	recover payment for medical fees; requiring that a
30	provider file a petition in order to recover such
31	payments; providing for costs and attorney's fees;
32	amending s. 440.134, F.S.; revising requirements for
33	managed care arrangements; revising requirements for
34	medical benefits; amending s. 440.15, F.S.; revising the
35	requirements for paying impairment benefits and
36	supplemental benefits; prohibiting an employee from
37	receiving supplemental benefits and impairment benefits;
38	amending s. 440.16, F.S.; increasing the limits on the
39	amount of certain benefits paid as compensation for death;
40	amending s. 440.19, F.S.; increasing the period of
41	limitation on filing a petition for benefits; amending s.
42	440.205, F.S.; authorizing a civil suit for damages
43	against an employer who unlawfully coerces an employee for
44	a valid claim for compensation; providing that a carrier
45	who engages in unlawful conduct is subject to civil suit;
46	amending s. 440.25, F.S.; revising procedures for
47	mediations and hearings; amending s. 440.45, F.S.;
48	providing additional qualifications for members of the
49	statewide nominating commission for judges of compensation
50	claims; removing a requirement that the Office of the
51	Judges of Compensation Claims adopt procedural rules;
52	amending s. 627.041, F.S.; revising the Rating Law to
53	include within regulated rating organizations those
54	organizations that make and file prospective loss costs;
55	amending s. 627.091, F.S.; providing definitions;
56	providing for licensed rating organizations to file
57	prospective loss costs, loss data, and other information
58	with the Department of Insurance for approval; amending s.
59	627.096, F.S.; providing that the data, statistics,
60	schedules, and other information submitted to the Workers'
61	Compensation Rating Bureau are subject to public
62	disclosure under public records requirements; amending s.
63	627.101, F.S.; providing requirements for the review and
64	approval of prospective loss costs filings; amending s.
65	627.211, F.S.; providing for changes in premiums based on
66	loss adjustment expenses; providing for severability;
67	providing an effective date.
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1. Subsection (15), paragraph (b) of subsection
72	(17), and subsection (28) of section 440.02, Florida Statutes,
73	are amended to read:
74	440.02 Definitions.--When used in this chapter, unless the
75	context clearly requires otherwise, the following terms shall
76	have the following meanings:
77	(15)(a) "Employee" means any person engaged in any
78	employment under any appointment or contract of hire or
79	apprenticeship, express or implied, oral or written, whether
80	lawfully or unlawfully employed, and includes, but is not
81	limited to, aliens and minors.
82	(b) Except as provided in s. 440.05,"employee" includes
83	any person who is an officer of a corporation and who performs
84	services for remuneration for such corporation within this
85	state, whether or not such services are continuous.
86	1. Any officer of a corporation may elect to be exempt
87	from this chapter by filing written notice of the election with
88	the department as provided in s. 440.05.
89	2. As to officers of a corporation who are actively
90	engaged in the construction industry, no more than three
91	officers may elect to be exempt from this chapter by filing
92	written notice of the election with the department as provided
93	in s. 440.05. However, any exemption obtained by a corporate
94	officer of a corporation actively engaged in the construction
95	industry is not applicable with respect to any commercial
96	building project estimated to be valued at $250,000 or greater.
97	3. An officer of a corporation who elects to be exempt
98	from this chapter by filing a written notice of the election
99	with the department as provided in s. 440.05 is not an employee.
100
101	Services are presumed to have been rendered to the corporation
102	if the officer is compensated by other than dividends upon
103	shares of stock of the corporation which the officer owns.
104	(c)1."Employee" includes a sole proprietor or a partner
105	who devotes full time to the proprietorship or partnership and,
106	except as provided in this paragraph, elects to be included in
107	the definition of employee by filing notice thereof as provided
108	in s. 440.05. Partners or sole proprietors actively engaged in
109	the construction industry are considered employees unless they
110	elect to be excluded from the definition of employee by filing
111	written notice of the election with the department as provided
112	in s. 440.05. However, no more than three partners in a
113	partnership that is actively engaged in the construction
114	industry may elect to be excluded. A sole proprietor or partner
115	who is actively engaged in the construction industry and who
116	elects to be exempt from this chapter by filing a written notice
117	of the election with the department as provided in s. 440.05 is
118	not an employee. For purposes of this chapter, an independent
119	contractor is an employee unless he or she meets all of the
120	conditions set forth in subparagraph (d)1.
121	2. Notwithstanding the provisions of subparagraph 1., the
122	term "employee" includes a sole proprietor or partner actively
123	engaged in the construction industry with respect to any
124	commercial building project estimated to be valued at $250,000
125	or greater. Any exemption obtained is not applicable, with
126	respect to work performed at such a commercial building project.
127	(d) "Employee" does not include:
128	1. An independent contractor, if:
129	a. The independent contractor maintains a separate
130	business with his or her own work facility, truck, equipment,
131	materials, or similar accommodations;
132	b. The independent contractor holds or has applied for a
133	federal employer identification number, unless the independent
134	contractor is a sole proprietor who is not required to obtain a
135	federal employer identification number under state or federal
136	requirements;
137	c. The independent contractor performs or agrees to
138	perform specific services or work for specific amounts of money
139	and controls the means of performing the services or work;
140	d. The independent contractor incurs the principal
141	expenses related to the service or work that he or she performs
142	or agrees to perform;
143	e. The independent contractor is responsible for the
144	satisfactory completion of work or services that he or she
145	performs or agrees to perform and is or could be held liable for
146	a failure to complete the work or services;
147	f. The independent contractor receives compensation for
148	work or services performed for a commission or on a per-job or
149	competitive-bid basis and not on any other basis;
150	g. The independent contractor may realize a profit or
151	suffer a loss in connection with performing work or services;
152	h. The independent contractor has continuing or recurring
153	business liabilities or obligations; and
154	i. The success or failure of the independent contractor's
155	business depends on the relationship of business receipts to
156	expenditures.
157
158	However, the determination as to whether an individual included
159	in the Standard Industrial Classification Manual of 1987,
160	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
161	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
162	or a newspaper delivery person, is an independent contractor is
163	governed not by the criteria in this paragraph but by common-law
164	principles, giving due consideration to the business activity of
165	the individual. Notwithstanding the provisions of this paragraph
166	or any other provision of this chapter, with respect to any
167	commercial building project estimated to be valued at $250,000
168	or greater, a person who is actively engaged in the construction
169	industry is not an independent contractor and is either an
170	employer or an employee who may not be exempt from the coverage
171	requirements of this chapter.
172	2. A real estate salesperson or agent, if that person
173	agrees, in writing, to perform for remuneration solely by way of
174	commission.
175	3. Bands, orchestras, and musical and theatrical
176	performers, including disk jockeys, performing in licensed
177	premises as defined in chapter 562, if a written contract
178	evidencing an independent contractor relationship is entered
179	into before the commencement of such entertainment.
180	4. An owner-operator of a motor vehicle who transports
181	property under a written contract with a motor carrier which
182	evidences a relationship by which the owner-operator assumes the
183	responsibility of an employer for the performance of the
184	contract, if the owner-operator is required to furnish the
185	necessary motor vehicle equipment and all costs incidental to
186	the performance of the contract, including, but not limited to,
187	fuel, taxes, licenses, repairs, and hired help; and the owner-
188	operator is paid a commission for transportation service and is
189	not paid by the hour or on some other time-measured basis.
190	5. A person whose employment is both casual and not in the
191	course of the trade, business, profession, or occupation of the
192	employer.
193	6. A volunteer, except a volunteer worker for the state or
194	a county, municipality, or other governmental entity. A person
195	who does not receive monetary remuneration for services is
196	presumed to be a volunteer unless there is substantial evidence
197	that a valuable consideration was intended by both employer and
198	employee. For purposes of this chapter, the term "volunteer"
199	includes, but is not limited to:
200	a. Persons who serve in private nonprofit agencies and who
201	receive no compensation other than expenses in an amount less
202	than or equivalent to the standard mileage and per diem expenses
203	provided to salaried employees in the same agency or, if such
204	agency does not have salaried employees who receive mileage and
205	per diem, then such volunteers who receive no compensation other
206	than expenses in an amount less than or equivalent to the
207	customary mileage and per diem paid to salaried workers in the
208	community as determined by the department; and
209	b. Volunteers participating in federal programs
210	established under Pub. L. No. 93-113.
211	7. Any officer of a corporation who, pursuant to s.
212	440.05, is entitled to elect and whoelects to be exempt from
213	this chapter.
214	8. A sole proprietor or officer of a corporation who
215	actively engages in the construction industry, and a partner in
216	a partnership that is actively engaged in the construction
217	industry, who elects to be exempt from the provisions of this
218	chapter. Such sole proprietor, officer, or partner is not an
219	employee for any reason until the notice of revocation of
220	election filed pursuant to s. 440.05 is effective.
221	8.9.An exercise rider who does not work for a single
222	horse farm or breeder, and who is compensated for riding on a
223	case-by-case basis, provided a written contract is entered into
224	prior to the commencement of such activity which evidences that
225	an employee/employer relationship does not exist.
226	9.10. A taxicab, limousine, or other passenger vehicle-
227	for-hire driver who operates said vehicles pursuant to a written
228	agreement with a company which provides any dispatch, marketing,
229	insurance, communications, or other services under which the
230	driver and any fees or charges paid by the driver to the company
231	for such services are not conditioned upon, or expressed as a
232	proportion of, fare revenues.
233	10.11.A person who performs services as a sports official
234	for an entity sponsoring an interscholastic sports event or for
235	a public entity or private, nonprofit organization that sponsors
236	an amateur sports event. For purposes of this subparagraph, such
237	a person is an independent contractor. For purposes of this
238	subparagraph, the term "sports official" means any person who is
239	a neutral participant in a sports event, including, but not
240	limited to, umpires, referees, judges, linespersons,
241	scorekeepers, or timekeepers. This subparagraph does not apply
242	to any person employed by a district school board who serves as
243	a sports official as required by the employing school board or
244	who serves as a sports official as part of his or her
245	responsibilities during normal school hours.
246	(17)
247	(b) "Employment" includes:
248	1. Employment by the state and all political subdivisions
249	thereof and all public and quasi-public corporations therein,
250	including officers elected at the polls.
251	2. Subject to the provisions of s. 440.05,all private
252	employments in which four or more employees are employed by the
253	same employer or, with respect to the construction industry, all
254	private employment in which one or more employees are employed
255	by the same employer. In any private employment wherein an
256	employer employs employees through an employee leasing company,
257	the effective date of the employment shall be the date the
258	employee begins performing work for the employer and not the
259	date the employee appears on any employee list maintained by the
260	leasing company.
261	3. Volunteer firefighters responding to or assisting with
262	fire or medical emergencies whether or not the firefighters are
263	on duty.
264	(28) "Wages" means the money rate at which the service
265	rendered is recompensed under the contract of hiring in force at
266	the time of the injury and includes only the wages earned and
267	reported for federal income tax purposes on the job where the
268	employee is injured and any other concurrent employment reported
269	for federal income tax purposeswhere he or she is also subject
270	to workers' compensation coverage and benefits, together with
271	the reasonable value of housing furnished to the employee by the
272	employer which is the permanent year-round residence of the
273	employee, andgratuities to the extent reported to the employer
274	in writing as taxable income received in the course of
275	employment from others than the employer,and employer
276	contributions for health insurance for the employee andorthe
277	employee's dependents. However, housing furnished to migrant
278	workers shall be included in wages unless provided after the
279	time of injury. In employment in which an employee receives
280	consideration for housing, the reasonable value of such housing
281	compensation shall be the actual cost to the employer or based
282	upon the Fair Market Rent Survey promulgated pursuant to s. 8 of
283	the Housing and Urban Development Act of 1974, whichever is
284	less. However, if employer contributions for housing or health
285	insurance are continued after the time of the injury, the
286	contributions are not "wages" for the purpose of calculating an
287	employee's average weekly wage.
288	Section 2. Section 440.05, Florida Statutes, is amended to
289	read:
290	440.05 Election of exemption; revocation of election;
291	notice; certification.--
292	(1) An officer of a corporation may elect to be exempt
293	from this chapter by filing written notice of the election with
294	the department pursuant to this section. Thereafter, such
295	officer shall not be considered an employee under this chapter.
296	Not more than three corporate officers of any corporation may
297	elect to be exempt from this chapter.Each corporate officer who
298	elects not to accept the provisions of this chapter or who,
299	after electing such exemption, revokes that exemption shall mail
300	to the department in Tallahassee notice to such effect in
301	accordance with a form to be prescribed by the department.
302	(2) Each sole proprietor or partner who elects to be
303	included in the definition of "employee" or who, after such
304	election, revokes that election must mail to the department in
305	Tallahassee notice to such effect, in accordance with a form to
306	be prescribed by the department.
307	(2)(3) Each corporate officersole proprietor, partner, or
308	officer of a corporation who is actively engaged in the
309	construction industry andwho elects an exemption from this
310	chapter or who, after electing such exemption, revokes that
311	exemption, must mail a written notice to such effect to the
312	department on a form prescribed by the department.
313	(a) The department shall by rule prescribe forms and
314	procedures for filing an election of exemption, revocation of
315	election to be exempt, notice of election of coverage for all
316	employers and for issuing certificates of the election of
317	exemption. Such forms shall be submitted to the department by
318	all employers filing for the election of exemption.The notice
319	of election to be exempt from the provisions of this chapter
320	must be notarized and under oath. The notice of election shall
321	clearly state the following: "Any person who, knowingly and
322	with intent to injure, defraud, or deceive the department or any
323	employer or employee, insurance company, or purposes program,
324	files a notice of election to be exempt containing any false or
325	misleading information commits a felony of the third degree."
326	(b) The notice of election to be exempt which is submitted
327	to the department by the sole proprietor, partner, or officer of
328	a corporationmust list the name, federal tax identification
329	number, social security number, all certified or registered
330	licenses issued pursuant to chapter 489 held by the person
331	seeking the exemption, a copy of relevant documentation as to
332	employment status filed with the Internal Revenue Service as
333	specified by the department, a copy of the relevant occupational
334	license in the primary jurisdiction of the business, and, for
335	corporate officers and partners, the registration number of the
336	corporation or partnershipfiled with the Division of
337	Corporations of the Department of State. The notice of election
338	to be exempt must identify each sole proprietorship,
339	partnership, orcorporation that employs the person electing the
340	exemption and must list the social security number or federal
341	tax identification number of each such employer and the
342	additional documentation required by this section. In addition,
343	the notice of election to be exempt must provide that the sole
344	proprietor, partner, orofficer electing an exemption is not
345	entitled to benefits under this chapter, must provide that the
346	election does not exceed exemption limits for officers and
347	partnerships provided in s. 440.02, and must certify that any
348	employees of the sole proprietor, partner, orofficer electing
349	an exemption are covered by workers' compensation insurance.
350	Upon receipt of the notice of the election to be exempt, receipt
351	of all application fees, and a determination by the department
352	that the notice meets the requirements of this subsection, the
353	department shall issue a certification of the election to the
354	sole proprietor, partner, orofficer, unless the department
355	determines that the information contained in the notice is
356	invalid. The department shall revoke a certificate of election
357	to be exempt from coverage upon a determination by the
358	department that the person does not meet the requirements for
359	exemption or that the information contained in the notice of
360	election to be exempt is invalid. The certificate of election
361	must list the namenames of the sole proprietorship,
362	partnership, orcorporation listed in the request for exemption.
363	A new certificate of election must be obtained each time the
364	person is employed by a new sole proprietorship, partnership, or
365	corporation that is not listed on the certificate of election. A
366	copy of the certificate of election must be sent to each
367	workers' compensation carrier identified in the request for
368	exemption. Upon filing a notice of revocation of election, ana
369	sole proprietor, partner, orofficer who is a subcontractor must
370	notify her or his contractor. Upon revocation of a certificate
371	of election of exemption by the department, the department shall
372	notify the workers' compensation carriers identified in the
373	request for exemption.
374	(4) The notice of election to be exempt from the
375	provisions of this chapter must contain a notice that clearly
376	states in substance the following: "Any person who, knowingly
377	and with intent to injure, defraud, or deceive the department or
378	any employer or employee, insurance company, or purposes
379	program, files a notice of election to be exempt containing any
380	false or misleading information is guilty of a felony of the
381	third degree." Each person filing a notice of election to be
382	exempt shall personally sign the notice and attest that he or
383	she has reviewed, understands, and acknowledges the foregoing
384	notice.
385	(4)(5) A notice given under subsection (1) or,subsection
386	(2), or subsection (3)shall become effective when issued by the
387	department or 30 days after an application for an exemption is
388	received by the department, whichever occurs first. However, if
389	an accident or occupational disease occurs less than 30 days
390	after the effective date of the insurance policy under which the
391	payment of compensation is secured or the date the employer
392	qualified as a self-insurer, such notice is effective as of
393	12:01 a.m. of the day following the date it is mailed to the
394	department in Tallahassee.
395	(5)(6)A construction industry certificate of election to
396	be exempt which is issued in accordance with this section shall
397	be valid for 2 years after the effective date stated thereon.
398	Both the effective date and the expiration date must be listed
399	on the face of the certificate by the department. The
400	construction industry certificate must expire at midnight, 2
401	years from its issue date, as noted on the face of the exemption
402	certificate. Any person who has received from the division a
403	construction industry certificate of election to be exempt which
404	is in effect on December 31, 1998, shall file a new notice of
405	election to be exempt by the last day in his or her birth month
406	following December 1, 1998. A construction industry certificate
407	of election to be exempt may be revoked before its expiration by
408	the sole proprietor, partner, or officer for whom it was issued
409	or by the department for the reasons stated in this section. At
410	least 60 days prior to the expiration date of a construction
411	industry certificate of exemption issued after December 1, 1998,
412	the department shall send notice of the expiration date and an
413	application for renewal to the certificateholder at the address
414	on the certificate.
415	(6)(7)Any contractor responsible for compensation under
416	s. 440.10 may register in writing with the workers' compensation
417	carrier for any subcontractor and shall thereafter be entitled
418	to receive written notice from the carrier of any cancellation
419	or nonrenewal of the policy.
420	(7)(8)(a) The department must assess a fee of $50 with
421	each request for a construction industry certificate of election
422	to be exempt or renewal of election to be exempt under this
423	section.
424	(b) The funds collected by the department shall be used to
425	administer this section, to audit the businesses that pay the
426	fee for compliance with any requirements of this chapter, and to
427	enforce compliance with the provisions of this chapter.
428	(9) The department may by rule prescribe forms and
429	procedures for filing an election of exemption, revocation of
430	election to be exempt, and notice of election of coverage for
431	all employers and require specified forms to be submitted by all
432	employers in filing for the election of exemption. The
433	department may by rule prescribe forms and procedures for
434	issuing a certificate of the election of exemption.
435	(8)(10) Each sole proprietor, partner, orofficer of a
436	corporation who is actively engaged in the construction industry
437	and who elects an exemption from this chapter shall maintain
438	business records as specified by the division by rule, which
439	rules must include the provision that any corporation with
440	exempt officers and any partnershipactively engaged in the
441	construction industry with exempt partners must maintain written
442	statements of those exempted persons affirmatively acknowledging
443	each such individual's exempt status.
444	(11) Any sole proprietor or partner actively engaged in
445	the construction industry claiming an exemption under this
446	section shall maintain a copy of his or her federal income tax
447	records for each of the immediately previous 3 years in which he
448	or she claims an exemption. Such federal income tax records must
449	include a complete copy of the following for each year in which
450	an exemption is claimed:
451	(a) For sole proprietors, a copy of Federal Income Tax
452	Form 1040 and its accompanying Schedule C;
453	(b) For partners, a copy of the partner's Federal Income
454	Tax Schedule K-1 (Form 1065) and Federal Income Tax Form 1040
455	and its accompanying Schedule E.
456
457	A sole proprietor or partner shall produce, upon request by the
458	division, a copy of those documents together with a statement by
459	the sole proprietor or partner that the tax records provided are
460	true and accurate copies of what the sole proprietor or partner
461	has filed with the federal Internal Revenue Service. The
462	statement must be signed under oath by the sole proprietor or
463	partner and must be notarized. The division shall issue a stop-
464	work order under s. 440.107(5) to any sole proprietor or partner
465	who fails or refuses to produce a copy of the tax records and
466	affidavit required under this paragraph to the division within 3
467	business days after the request is made.
468	(12) For those sole proprietors or partners that have not
469	been in business long enough to provide the information required
470	of an established business, the division shall require such sole
471	proprietor or partner to provide copies of the most recently
472	filed Federal Income Tax Form 1040. The division shall establish
473	by rule such other criteria to show that the sole proprietor or
474	partner intends to engage in a legitimate enterprise within the
475	construction industry and is not otherwise attempting to evade
476	the requirements of this section. The division shall establish
477	by rule the form and format of financial information required to
478	be submitted by such employers.
479	(9)(13)Any corporate officer claiming an exemption under
480	this section must be listed on the records of this state's
481	Secretary of State, Division of Corporations, as a corporate
482	officer. If the person who claims an exemption as a corporate
483	officer is not so listed on the records of the Secretary of
484	State, the individual must provide to the division, upon request
485	by the division, a notarized affidavit stating that the
486	individual is a bona fide officer of the corporation and stating
487	the date his or her appointment or election as a corporate
488	officer became or will become effective. The statement must be
489	signed under oath by both the officer and the president or chief
490	operating officer of the corporation and must be notarized. The
491	division shall issue a stop-work order under s. 440.107(1) to
492	any corporation who employs a person who claims to be exempt as
493	a corporate officer but who fails or refuses to produce the
494	documents required under this subsection to the division within
495	3 business days after the request is made.
496	Section 3. Subsection (4) of section 440.11, Florida
497	Statutes, is amended to read:
498	440.11 Exclusiveness of liability.--
499	(4) Except as provided inNotwithstanding the provisions
500	of s. 624.155, the liability of a carrier or a self-insured
501	employerto an employee or to anyone entitled to bring suit in
502	the name of the employee for acts related to the handling of a
503	workers' compensation claimshall be as provided in this
504	chapter, which shall be exclusive and in place of all other
505	liability.
506	Section 4. Paragraph (r) of subsection (1), subsection
507	(2), paragraph (c) of subsection (4), and subsections (5), (7),
508	(12), and (14) of section 440.13, Florida Statutes, are amended
509	to read:
510	440.13 Medical services and supplies; penalty for
511	violations; limitations.--
512	(1) DEFINITIONS.--As used in this section, the term:
513	(r) "Physician" or "doctor" means a physician licensed
514	under chapter 458, an osteopathic physician licensed under
515	chapter 459, a chiropractic physician licensed under chapter
516	460, a podiatric physician licensed under chapter 461, an
517	optometrist licensed under chapter 463, a psychologist licensed
518	under chapter 490 or chapter 491,or a dentist licensed under
519	chapter 466, each of whom the agency may require to bemust be
520	certified by the agency as a health care provider.
521	(2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--
522	(a) Subject to the limitations specified elsewhere in this
523	chapter, the employer shall furnish to the employee such
524	medically necessary remedial treatment, care, and attendance for
525	such period as the nature of the injury or the process of
526	recovery may require, including medicines, medical supplies,
527	durable medical equipment, orthoses, prostheses, and other
528	medically necessary apparatus. Remedial treatment, care, and
529	attendance, including work-hardening programs or pain-management
530	programs accredited by the Commission on Accreditation of
531	Rehabilitation Facilities or Joint Commission on the
532	Accreditation of Health Organizations or pain-management
533	programs affiliated with medical schools, shall be considered as
534	covered treatment only when such care is given based on a
535	referral by a physician as defined in this chapter. Each
536	facility shall maintain outcome data, including work status at
537	discharges, total program charges, total number of visits, and
538	length of stay. The department shall utilize such data and
539	report to the President of the Senate and the Speaker of the
540	House of Representatives regarding the efficacy and cost-
541	effectiveness of such program, no later than October 1, 1994.
542	Medically necessary treatment, care, and attendance does not
543	include chiropractic services in excess of 18 treatments or
544	rendered 8 weeks beyond the date of the initial chiropractic
545	treatment, whichever comes first, unless the carrier authorizes
546	additional treatment or the employee is catastrophically
547	injured.
548	(b) An employer may tender to an employee the right to
549	select those medical providers who will furnish medically
550	necessary treatment and care to the employee. An employer
551	electing to tender the selection of health care providers to an
552	employee shall do so by certified mail to the employee and, if
553	applicable, the employee's legal representative. An employee who
554	is permitted to select his or her health care providers shall
555	not be entitled to an independent medical examination at the
556	expense of the carrier under subsection (5). An employer who
557	does not tender the right to select medical providers to an
558	employee shall not be entitled to require the employee to submit
559	to an independent medical examination under subsection (5).
560	(c)(b)The employer shall provide appropriate professional
561	or nonprofessional attendant care performed only at the
562	direction and control of a physician when such care is medically
563	necessary. The value of nonprofessional attendant care provided
564	by a family member must be determined as follows:
565	1. If the family member is not employed, the per-hour
566	value equals the federal minimum hourly wage.
567	2. If the family member is employed and elects to leave
568	that employment to provide attendant or custodial care, the per-
569	hour value of that care equals the per-hour value of the family
570	member's former employment, not to exceed the per-hour value of
571	such care available in the community at large. A family member
572	or a combination of family members providing nonprofessional
573	attendant care under this paragraph may not be compensated for
574	more than a total of 12 hours per day.
575	(d)(c)If the employer fails to provide treatment or care
576	required by this section after request by the injured employee,
577	the employee may obtain such treatment at the expense of the
578	employer, if the treatment is compensable and medically
579	necessary. The employee must make a specific written request for
580	the treatment or care being sought. The employer shall have 14
581	days after receipt of the specific written request for treatment
582	or care to authorize the requested treatment or care. It shall
583	be presumed that treatment and care requested by the employee
584	which the employer has failed, refused, or neglected to
585	authorize in accordance with this paragraph is reasonable and
586	medically necessary absent clear and convincing evidence that
587	the employer's failure to authorize the treatment or care was
588	for reasons beyond its control or that the treatment or care is
589	contrary to the employee's health, safety, and welfare. The
590	timelines afforded employers under this subsection shall not
591	apply to requests for emergency treatment or care.There must be
592	a specific request for the treatment, and the employer or
593	carrier must be given a reasonable time period within which to
594	provide the treatment or care. However, the employee is not
595	entitled to recover any amount personally expended for the
596	treatment or service unless he or she has requested the employer
597	to furnish that treatment or service and the employer has
598	failed, refused, or neglected to do so within a reasonable time
599	or unless the nature of the injury requires such treatment,
600	nursing, and services and the employer or his or her
601	superintendent or foreman, having knowledge of the injury, has
602	neglected to provide the treatment or service.
603	(e)(d)If the employee selected his or her health care
604	provider pursuant to paragraph (b),the carrier has the right to
605	transfer the care of theaninjured employee from the attending
606	health care provider if an independent medical examination
607	determines that the employee is not making appropriate progress
608	in recuperation. An independent medical examination that does
609	not involve an actual physical examination of the employee may
610	not serve as the basis for a transfer of care under this
611	paragraph. An employee who challenges a transfer of care
612	decision by a carrier must show that the deauthorized care was
613	appropriate to his or her injuries, medically necessary, and
614	that he or she was making appropriate progress in recuperation.
615	(f)(e)Except in emergency situations and for treatment
616	rendered by a managed care arrangement, after any initial
617	examination and diagnosis by a physician providing remedial
618	treatment, care, and attendance, and before a proposed course of
619	medical treatment begins, each insurer shall review, in
620	accordance with the requirements of this chapter, the proposed
621	course of treatment, to determine whether such treatment would
622	be recognized as reasonably prudent. The review must be in
623	accordance with all applicable workers' compensation practice
624	parameters. The insurer must accept any such proposed course of
625	treatment unless the insurer notifies the physician of its
626	specific objections to the proposed course of treatment by the
627	close of the tenth business day after notification by the
628	physician, or a supervised designee of the physician, of the
629	proposed course of treatment.
630	(g)(f)Upon the written request of the employee, the
631	carrier shall give the employee the opportunity for one change
632	of physician during the course of treatment for any one
633	accident. The employee shall be entitled to select another
634	physician from among not fewer than three carrier-authorized
635	physicians who are not professionally affiliated.
636	(4) NOTICE OF TREATMENT TO CARRIER; FILING WITH
637	DEPARTMENT.--
638	(c) It is the policy for the administration of the
639	workers' compensation system that there be reasonable access to
640	medical information by all parties to facilitate the self-
641	executing features of the law. Notwithstanding the limitations
642	in s. 456.057 and subject to the limitations in s. 381.004, upon
643	the request of the employer, the carrier, an authorized
644	qualified rehabilitation provider, or the attorney for the
645	employer or carrier, the medical records of an injured employee
646	must be furnished to those persons and the medical condition of
647	the injured employee must be discussed with those persons, if
648	the records and the discussions are restricted to conditions
649	relating to the workplace injury. Upon 5 days' advance written
650	notice to the employee or the employee's legal representative,
651	any such discussions may be held before or after the filing of a
652	claim without the knowledge, consent, orpresence of any other
653	party or his or her agent or representative. A health care
654	provider who willfully refuses to provide medical records or to
655	discuss the medical condition of the injured employee, after a
656	reasonable request is made for such information pursuant to this
657	subsection, shall be subject by the agency to one or more of the
658	penalties set forth in paragraph (8)(b).
659	(5) INDEPENDENT MEDICAL EXAMINATIONS.--
660	(a) Subject to the provisions of paragraph (2)(b),in any
661	dispute concerning overutilization, medical benefits,
662	compensability, or disability under this chapter, the carrier or
663	the employee may, at the expense of the carrier,select an
664	independent medical examiner. The examiner may be a health care
665	provider treating or providing other care to the employee. An
666	independent medical examiner may not render an opinion outside
667	his or her area of expertise, as demonstrated by licensure and
668	applicable practice parameters.
669	(b) Each party is bound by his or her selection of an
670	independent medical examiner and is entitled to an alternate
671	examiner only if:
672	1. The examiner is not qualified to render an opinion upon
673	an aspect of the employee's illness or injury which is material
674	to the claim or petition for benefits;
675	2. The examiner ceases to practice in the specialty
676	relevant to the employee's condition;
677	3. The examiner is unavailable due to injury, death, or
678	relocation outside a reasonably accessible geographic area; or
679	4. The parties agree to an alternate examiner.
680
681	Any party may request, or a judge of compensation claims may
682	require, designation of an agency medical advisor as an
683	independent medical examiner. The opinion of the advisors acting
684	as examiners shall not be afforded the presumption set forth in
685	paragraph (9)(c).
686	(c) The carrier shallmay, at its election, contact the
687	employee or the employee's legal representativeclaimant
688	directlyto schedule a reasonable time for an independent
689	medical examination. The carrier must confirm the scheduling
690	agreement in writing within 5 days and notify the employee and
691	the employee's legal representativeclaimant's counsel, if any,
692	at least 7 days before the date upon which the independent
693	medical examination is scheduled to occur. An attorney
694	representing a claimant is not authorized to schedule
695	independent medical evaluations under this subsection.
696	(d) If the employee fails to appear for the independent
697	medical examination without good cause and fails to advise the
698	physician at least 24 hours before the scheduled date for the
699	examination that he or she cannot appear, the employee is barred
700	from recovering compensation for any period during which he or
701	she has refused to submit to such examination. Further, the
702	employee shall reimburse the carrier 50 percent of the
703	physician's cancellation or no-show fee unless the carrier that
704	schedules the examination fails to timely provide to the
705	employee a written confirmation of the date of the examination
706	pursuant to paragraph (c) which includes an explanation of why
707	he or she failed to appear. The employee may appeal to a judge
708	of compensation claims for reimbursement when the carrier
709	withholds payment in excess of the authority granted by this
710	section.
711	(e) No medical opinion other than the opinion of a medical
712	advisor appointed by the judge of compensation claims or agency,
713	an independent medical examiner, or an authorized treating
714	provider is admissible in proceedings before the judges of
715	compensation claims.
716	(f) Attorney's fees incurred by an injured employee in
717	connection with delay of or opposition to an independent medical
718	examination, including, but not limited to, motions for
719	protective orders, are not recoverable under this chapter.
720	(7) UTILIZATION AND REIMBURSEMENT DISPUTES.--
721	(a) Any health care provider, carrier, or employerwho
722	elects to contest the disallowance or adjustment of payment by a
723	carrier under subsection (6) may file a petition for benefits in
724	accordance with s. 440.192 and proceed in the same manner as an
725	employeemust, within 30 days after receipt of notice of
726	disallowance or adjustment of payment, petition the agency to
727	resolve the dispute. A health care provider who prevails in
728	contesting a disallowance or adjustment of payment shall be
729	entitled to recover taxable costs and attorney's fees as
730	provided in s. 440.34(3)(a).The petitioner must serve a copy
731	of the petition on the carrier and on all affected parties by
732	certified mail. The petition must be accompanied by all
733	documents and records that support the allegations contained in
734	the petition. Failure of a petitioner to submit such
735	documentation to the agency results in dismissal of the
736	petition.
737	(b) The carrier must submit to the agency within 10 days
738	after receipt of the petition all documentation substantiating
739	the carrier's disallowance or adjustment. Failure of the carrier
740	to submit the requested documentation to the agency within 10
741	days constitutes a waiver of all objections to the petition.
742	(c) Within 60 days after receipt of all documentation, the
743	agency must provide to the petitioner, the carrier, and the
744	affected parties a written determination of whether the carrier
745	properly adjusted or disallowed payment. The agency must be
746	guided by standards and policies set forth in this chapter,
747	including all applicable reimbursement schedules, in rendering
748	its determination.
749	(d) If the agency finds an improper disallowance or
750	improper adjustment of payment by an insurer, the insurer shall
751	reimburse the health care provider, facility, insurer, or
752	employer within 30 days, subject to the penalties provided in
753	this subsection.
754	(e) The agency shall adopt rules to carry out this
755	subsection. The rules may include provisions for consolidating
756	petitions filed by a petitioner and expanding the timetable for
757	rendering a determination upon a consolidated petition.
758	(b)(f)Any carrier that engages in a pattern or practice
759	of arbitrarily or unreasonably disallowing or reducing payments
760	to health care providers may be subject to an administrative
761	fine assessed by the agency in an amount not to exceed $5,000
762	per instance of improperly disallowing or reducing payments.one
763	or more of the following penalties imposed by the agency:
764	1. Repayment of the appropriate amount to the health care
765	provider.
766	2. An administrative fine assessed by the agency in an
767	amount not to exceed $5,000 per instance of improperly
768	disallowing or reducing payments.
769	3. Award of the health care provider's costs, including a
770	reasonable attorney's fee, for prosecuting the petition.
771	(12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
772	REIMBURSEMENT ALLOWANCES.--
773	(a) A three-member panel is created, consisting of the
774	Insurance Commissioner, or the Insurance Commissioner's
775	designee, and two members to be appointed by the Governor,
776	subject to confirmation by the Senate, one member who, on
777	account of present or previous vocation, employment, or
778	affiliation, shall be classified as a representative of
779	employers, the other member who, on account of previous
780	vocation, employment, or affiliation, shall be classified as a
781	representative of employees. The panel shall determine statewide
782	schedules of maximum reimbursement allowances for medically
783	necessary treatment, care, and attendance provided by
784	physicians, hospitals, ambulatory surgical centers, work-
785	hardening programs, pain programs, and durable medical
786	equipment. The reimbursement for medical services furnished
787	pursuant to this chapter shall not be less than 100 percent of
788	the applicable reimbursement allowance as determined in
789	accordance with the American Medical Association Current
790	Procedural Terminology codes as adopted and updated annually by
791	the Centers for Medicare and Medicaid Services of the U.S.
792	Department of Health and Human Services.The maximum
793	reimbursement allowances for inpatient hospital care shall be
794	based on a schedule of per diem rates, to be approved by the
795	three-member panel no later than March 1, 1994, to be used in
796	conjunction with a precertification manual as determined by the
797	agency. All compensable charges for hospital outpatient care
798	shall be reimbursed at 75 percent of usual and customary
799	charges. Until the three-member panel approves a schedule of per
800	diem rates for inpatient hospital care and it becomes effective,
801	all compensable charges for hospital inpatient care must be
802	reimbursed at 75 percent of their usual and customary charges.
803	Annually, the three-member panel shall adopt schedules of
804	maximum reimbursement allowances for physicians, hospital
805	inpatient care, hospital outpatient care, ambulatory surgical
806	centers, work-hardening programs, and pain programs. However,
807	The maximum percentage of increase in the individual
808	reimbursement allowance may not exceed the percentage of annual
809	increase as determined by the Centers of Medicare and Medicaid
810	Servicesin the Consumer Price Index for the previous year. An
811	individual physician, hospital, ambulatory surgical center, pain
812	program, or work-hardening program shall be reimbursed either
813	the usual and customary charge for treatment, care, and
814	attendance, the agreed-upon contract price, or the maximum
815	reimbursement allowance in the appropriate schedule, whichever
816	is less.
817	(b) As to reimbursement for a prescription medication, the
818	reimbursement amount for a prescription shall be the average
819	wholesale price times 1.2 plus $4.18 for the dispensing fee,
820	except where the carrier has contracted for a lower amount. Fees
821	for pharmaceuticals and pharmaceutical services shall be
822	reimbursable at the applicable fee schedule amount. Where the
823	employer or carrier has contracted for such services and the
824	employee elects to obtain them through a provider not a party to
825	the contract, the carrier shall reimburse at the schedule,
826	negotiated, or contract price, whichever is lower.
827	(c) Reimbursement for all fees and other charges for such
828	treatment, care, and attendance, including treatment, care, and
829	attendance provided by any hospital or other health care
830	provider, ambulatory surgical center, work-hardening program, or
831	pain program, for which the Centers for Medicare and Medicaid
832	Services do not provide a maximum rate of reimbursementmust not
833	exceed the amounts provided by the uniform schedule of maximum
834	reimbursement allowances as determined by the panel or as
835	otherwise provided in this section. This subsection also applies
836	to independent medical examinations performed by health care
837	providers under this chapter. Until The three-member panel must
838	approveapprovesa uniform schedule of maximum reimbursement
839	allowances and it becomes effective, all compensable chargesfor
840	treatment, care, and attendance provided by physicians,
841	ambulatory surgical centers, work-hardening programs, or pain
842	programs for which the Centers for Medicare and Medicaid do not
843	provide a maximum rate of reimbursementshall be reimbursed at
844	the lowest maximum reimbursement allowance across all 1992
845	schedules of maximum reimbursement allowances for the services
846	provided regardless of the place of service. In determining the
847	uniform schedule, the panel shall first approve the data which
848	it finds representative of prevailing charges in the state for
849	similar treatment, care, and attendance of injured persons. Each
850	health care provider, health care facility, ambulatory surgical
851	center, work-hardening program, or pain program receiving
852	workers' compensation payments shall maintain records verifying
853	their usual charges. In establishing the uniform schedule of
854	maximum reimbursement allowances, the panel must consider:
855	1. The levels of reimbursement for similar treatment,
856	care, and attendance made by other health care programs or
857	third-party providers;
858	2. The impact upon cost to employers for providing a level
859	of reimbursement for treatment, care, and attendance which will
860	ensure the availability of treatment, care, and attendance
861	required by injured workers;
862	3. The financial impact of the reimbursement allowances
863	upon health care providers and health care facilities, including
864	trauma centers as defined in s. 395.4001, and its effect upon
865	their ability to make available to injured workers such
866	medically necessary remedial treatment, care, and attendance.
867	The uniform schedule of maximum reimbursement allowances must be
868	reasonable, must promote health care cost containment and
869	efficiency with respect to the workers' compensation health care
870	delivery system, and must be sufficient to ensure availability
871	of such medically necessary remedial treatment, care, and
872	attendance to injured workers; and
873	4. The most recent average maximum allowable rate of
874	increase for hospitals determined by the Health Care Board under
875	chapter 408.
876	(d) In addition to establishing the uniform schedule of
877	maximum reimbursement allowances, the panel shall:
878	1. Take testimony, receive records, and collect data to
879	evaluate the adequacy of the workers' compensation fee schedule,
880	nationally recognized fee schedules and alternative methods of
881	reimbursement to certified health care providers and health care
882	facilities for inpatient and outpatient treatment and care.
883	2. Survey certified health care providers and health care
884	facilities to determine the availability and accessibility of
885	workers' compensation health care delivery systems for injured
886	workers.
887	3. Survey carriers to determine the estimated impact on
888	carrier costs and workers' compensation premium rates by
889	implementing changes to the carrier reimbursement schedule or
890	implementing alternative reimbursement methods.
891	4. Submit recommendations on or before January 1, 2003,
892	and biennially thereafter, to the President of the Senate and
893	the Speaker of the House of Representatives on methods to
894	improve the workers' compensation health care delivery system.
895
896	The division shall provide data to the panel, including but not
897	limited to, utilization trends in the workers' compensation
898	health care delivery system. The division shall provide the
899	panel with an annual report regarding the resolution of medical
900	reimbursement disputes and any actions pursuant to s. 440.13(8).
901	The division shall provide administrative support and service to
902	the panel to the extent requested by the panel.
903	(14) PAYMENT OF MEDICAL FEES.--
904	(a) Except for emergency care treatment, fees for medical
905	services are payable only to a health care provider certified
906	and authorized to render remedial treatment, care, or attendance
907	under this chapter. A health care provider may not collect or
908	receive a fee from an injured employee within this state, except
909	as otherwise provided by this chapter. Any authorized health
910	care provider who attempts to recover from the employee payment
911	for medical services authorized and provided pursuant to this
912	chapter shall forfeit the right to payment for such medical
913	services.Such providers have recourse against the employer or
914	carrier for payment for services rendered in accordance with
915	this chapter.
916	(b) Any health care provider seeking payment of fees for
917	medical services may file a petition for benefits in accordance
918	with s. 440.192 and proceed in the same manner as an employee
919	filing a petition for benefits. A health care provider who
920	prevails in seeking payment for medical services shall be
921	entitled to recover taxable costs and attorney's fees as
922	provided in s. 440.34(3)(a).
923	(c)(b)Fees charged for remedial treatment, care, and
924	attendance, except for independent medical examinations, may not
925	exceed the applicable fee schedules adopted under this chapter.
926	(c) Notwithstanding any other provision of this chapter,
927	following overall maximum medical improvement from an injury
928	compensable under this chapter, the employee is obligated to pay
929	a copayment of $10 per visit for medical services. The copayment
930	shall not apply to emergency care provided to the employee.
931	Section 5. Paragraph (c) of subsection (10) and
932	subsections (16) and (17) of section 440.134, Florida Statutes,
933	are amended to read:
934	440.134 Workers' compensation managed care arrangement.--
935	(10) Written procedures and methods for the management of
936	an injured worker's medical care by a medical care coordinator
937	including:
938	(c) The policies and procedures for allowing an employee
939	one change to another provider as provided in s. 440.13(2)(g)
940	within the same specialty and provider network as the authorized
941	treating physician during the course of treatment for a work-
942	related injury, if a request is made to the medical care
943	coordinator by the employee; and requiring that special
944	provision be made for more than one such referral through the
945	arrangement's grievance procedures.
946	(16) When a carrier enters into a managed care arrangement
947	pursuant to this section, the medical benefits available to
948	employees must, at a minimum, equal those afforded employees
949	under s. 440.13employees who are covered by the provisions of
950	such arrangement shall be deemed to have received all the
951	benefits to which they are entitled pursuant to s. 440.13(2)(a)
952	and (b). In addition, the employer shall be deemed to have
953	complied completely with the requirements of such provisions.
954	The provisions governing managed care arrangements shall govern
955	exclusively unless said arrangements are contrary to s. 440.13,
956	in which case the provisions of said section shall apply
957	specifically stated otherwise in this section.
958	(17) Notwithstanding any other provisions of this chapter,
959	when a carrier provides medical care through a workers'
960	compensation managed care arrangement, pursuant to this section,
961	those workers who are subject to the arrangement must receive
962	medical services for work-related injuries and diseases as
963	prescribed in the contract, provided the employer and carrier
964	have provided notice to the employees of the arrangement in a
965	manner approved by the agency. Treatment received outside the
966	workers' compensation managed care arrangement is not
967	compensable unless authorized by the carrier prior to the
968	treatment date or as provided under s. 440.13(2)(d).
969	Section 6. Subsection (3) of section 440.15, Florida
970	Statutes, is amended to read:
971	440.15 Compensation for disability.--Compensation for
972	disability shall be paid to the employee, subject to the limits
973	provided in s. 440.12(2), as follows:
974	(3) PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
975	(a) Impairment benefits.--
976	1. Once the employee has reached the date of maximum
977	medical improvement, impairment benefits are due and payable
978	within 20 days after the carrier has knowledge of the
979	impairment, unless the employee is entitled to supplemental
980	benefits under paragraph (b).
981	2. The three-member panel, in cooperation with the
982	department, shall establish and use a uniform permanent
983	impairment rating schedule. This schedule must be based on
984	medically or scientifically demonstrable findings as well as the
985	systems and criteria set forth in the American Medical
986	Association's Guides to the Evaluation of Permanent Impairment;
987	the Snellen Charts, published by American Medical Association
988	Committee for Eye Injuries; and the Minnesota Department of
989	Labor and Industry Disability Schedules. The schedule should be
990	based upon objective findings. The schedule shall be more
991	comprehensive than the AMA Guides to the Evaluation of Permanent
992	Impairment and shall expand the areas already addressed and
993	address additional areas not currently contained in the guides.
994	On August 1, 1979, and pending the adoption, by rule, of a
995	permanent schedule, Guides to the Evaluation of Permanent
996	Impairment, copyright 1977, 1971, 1988, by the American Medical
997	Association, shall be the temporary schedule and shall be used
998	for the purposes hereof. For injuries after July 1, 1990,
999	pending the adoption by rule of a uniform disability rating
1000	agency schedule, the Minnesota Department of Labor and Industry
1001	Disability Schedule shall be used unless that schedule does not
1002	address an injury. In such case, the Guides to the Evaluation of
1003	Permanent Impairment by the American Medical Association shall
1004	be used. Determination of permanent impairment under this
1005	schedule must be made by a physician licensed under chapter 458,
1006	a doctor of osteopathic medicine licensed under chapters 458 and
1007	459, a chiropractic physician licensed under chapter 460, a
1008	podiatric physician licensed under chapter 461, an optometrist
1009	licensed under chapter 463, or a dentist licensed under chapter
1010	466, as appropriate considering the nature of the injury. No
1011	other persons are authorized to render opinions regarding the
1012	existence of or the extent of permanent impairment.
1013	3. All impairment income benefits shall be based on an
1014	impairment rating using the impairment schedule referred to in
1015	subparagraph 2. Impairment income benefits are paid weekly at
1016	the rate of 50 percent of the employee's average weekly
1017	temporary total disability benefit not to exceed the maximum
1018	weekly benefit under s. 440.12. An employee's entitlement to
1019	impairment income benefits begins the day after the employee
1020	reaches maximum medical improvement or the expiration of
1021	temporary benefits, whichever occurs earlier, and continues
1022	until the earlier of:
1023	a. The expiration of a period computed at the rate of 3
1024	weeks for each percentage point of impairment; or
1025	b. The death of the employee.
1026	4. After the employee has been certified by a doctor as
1027	having reached maximum medical improvement or 6 weeks before the
1028	expiration of temporary benefits, whichever occurs earlier, the
1029	certifying doctor shall evaluate the condition of the employee
1030	and assign an impairment rating, using the impairment schedule
1031	referred to in subparagraph 2. Compensation is not payable for
1032	the mental, psychological, or emotional injury arising out of
1033	depression from being out of work. If the certification and
1034	evaluation are performed by a doctor other than the employee's
1035	treating doctor, the certification and evaluation must be
1036	submitted to the treating doctor, and the treating doctor must
1037	indicate agreement or disagreement with the certification and
1038	evaluation. The certifying doctor shall issue a written report
1039	to the department, the employee, and the carrier certifying that
1040	maximum medical improvement has been reached, stating the
1041	impairment rating, and providing any other information required
1042	by the department by rule. If the employee has not been
1043	certified as having reached maximum medical improvement before
1044	the expiration of 102 weeks after the date temporary total
1045	disability benefits begin to accrue, the carrier shall notify
1046	the treating doctor of the requirements of this section.
1047	5. The carrier shall pay the employee impairment income
1048	benefits for a period based on the impairment rating.
1049	6. The department may by rule specify forms and procedures
1050	governing the method of payment of wage loss and impairment
1051	benefits for dates of accidents before January 1, 1994, and for
1052	dates of accidents on or after January 1, 1994.
1053	(b) Supplemental benefits.--
1054	1. All supplemental benefits must be paid in accordance
1055	with this subsection. An employee is entitled to supplemental
1056	benefits as provided in this paragraph as of the expiration of
1057	the impairment period, if:
1058	a. The employee has an impairment rating from the
1059	compensable injury of 1020percent or more as determined
1060	pursuant to this chapter;
1061	b. The employee has not returned to work or has returned
1062	to work earning less than 80 percent of the employee's average
1063	weekly wage as a direct result of the employee's impairment; and
1064	c. The employee has in good faith attempted to obtain
1065	employment commensurate with the employee's ability to work.
1066	2. Any employee entitled to supplemental benefits pursuant
1067	to this paragraph shall not be entitled to receive impairment
1068	benefits under paragraph (a).
1069	3.2.If an employee is not entitled to supplemental
1070	benefits at the time of payment of the final weekly impairment
1071	income benefit because the employee is earning at least 80
1072	percent of the employee's average weekly wage, the employee may
1073	become entitled to supplemental benefits at any time within 1
1074	year after the impairment income benefit period ends if:
1075	a. The employee earns wages that are less than 80 percent
1076	of the employee's average weekly wage for a period of at least
1077	90 days;
1078	b. The employee meets the other requirements of
1079	subparagraph 1.; and
1080	c. The employee's decrease in earnings is a direct result
1081	of the employee's impairment from the compensable injury.
1082	4.3.If an employee earns wages that are at least 80
1083	percent of the employee's average weekly wage for a period of at
1084	least 90 days during which the employee is receiving
1085	supplemental benefits, the employee ceases to be entitled to
1086	supplemental benefits for the filing period. Supplemental
1087	benefits that have been terminated shall be reinstated when the
1088	employee satisfies the conditions enumerated in subparagraph 3.
1089	2. and files the statement required under subparagraph 5.4.
1090	Notwithstanding any other provision, if an employee is not
1091	entitled to supplemental benefits for 12 consecutive months, the
1092	employee ceases to be entitled to any additional income benefits
1093	for the compensable injury. If the employee is discharged within
1094	12 months after losing entitlement under this subsection,
1095	benefits may be reinstated if the employee was discharged at
1096	that time with the intent to deprive the employee of
1097	supplemental benefits.
1098	5.4.After the initial determination of supplemental
1099	benefits, the employee must file a statement with the carrier
1100	stating that the employee has earned less than 80 percent of the
1101	employee's average weekly wage as a direct result of the
1102	employee's impairment, stating the amount of wages the employee
1103	earned in the filing period, and stating that the employee has
1104	in good faith sought employment commensurate with the employee's
1105	ability to work. The statement must be filed quarterly on a form
1106	and in the manner prescribed by the department. The department
1107	may modify the filing period as appropriate to an individual
1108	case. Failure to file a statement relieves the carrier of
1109	liability for supplemental benefits for the period during which
1110	a statement is not filed.
1111	6.5.The carrier shall begin payment of supplemental
1112	benefits not later than the seventh day after the expiration
1113	date of the impairment income benefit period and shall continue
1114	to timely pay those benefits. The carrier may request a
1115	mediation conference for the purpose of contesting the
1116	employee's entitlement to or the amount of supplemental income
1117	benefits.
1118	7.6.Supplemental benefits are calculated quarterly and
1119	paid monthly. For purposes of calculating supplemental benefits,
1120	80 percent of the employee's average weekly wage and the average
1121	wages the employee has earned per week are compared quarterly.
1122	For purposes of this paragraph, if the employee is offered a
1123	bona fide position of employment that the employee is capable of
1124	performing, given the physical condition of the employee and the
1125	geographic accessibility of the position, the employee's weekly
1126	wages are considered equivalent to the weekly wages for the
1127	position offered to the employee.
1128	8.7.Supplemental benefits are payable at the rate of 80
1129	percent of the difference between 80 percent of the employee's
1130	average weekly wage determined pursuant to s. 440.14 and the
1131	weekly wages the employee has earned during the reporting
1132	period, not to exceed the maximum weekly income benefit under s.
1133	440.12.
1134	9.8.The department may by rule define terms that are
1135	necessary for the administration of this section and forms and
1136	procedures governing the method of payment of supplemental
1137	benefits for dates of accidents before January 1, 1994, and for
1138	dates of accidents on or after January 1, 1994.
1139	(c) Duration of temporary impairment and supplemental
1140	income benefits.--The employee's eligibility for temporary
1141	benefits, impairment income benefits, and supplemental benefits
1142	terminates on the expiration of 401 weeks after the date of
1143	injury.
1144	Section 7. Subsections (1) and (7) of section 440.16,
1145	Florida Statutes, are amended to read:
1146	440.16 Compensation for death.--
1147	(1) If death results from the accident within 1 year
1148	thereafter or follows continuous disability and results from the
1149	accident within 5 years thereafter, the employer shall pay:
1150	(a) Within 14 days after receiving the bill, actual
1151	funeral expenses not to exceed $10,000$5,000.
1152	(b) Compensation, in addition to the above, in the
1153	following percentages of the average weekly wages to the
1154	following persons entitled thereto on account of dependency upon
1155	the deceased, and in the following order of preference, subject
1156	to the limitation provided in subparagraph 2., but such
1157	compensation shall be subject to the limits provided in s.
1158	440.12(2), shall not exceed $200,000$100,000, and may be less
1159	than, but shall not exceed, for all dependents or persons
1160	entitled to compensation, 662/3 percent of the average wage:
1161	1. To the spouse, if there is no child, 50 percent of the
1162	average weekly wage, such compensation to cease upon the
1163	spouse's death.
1164	2. To the spouse, if there is a child or children, the
1165	compensation payable under subparagraph 1. and, in addition,
1166	162/3 percent on account of the child or children. However, when
1167	the deceased is survived by a spouse and also a child or
1168	children, whether such child or children are the product of the
1169	union existing at the time of death or of a former marriage or
1170	marriages, the judge of compensation claims may provide for the
1171	payment of compensation in such manner as may appear to the
1172	judge of compensation claims just and proper and for the best
1173	interests of the respective parties and, in so doing, may
1174	provide for the entire compensation to be paid exclusively to
1175	the child or children; and, in the case of death of such spouse,
1176	331/3 percent for each child. However, upon the surviving
1177	spouse's remarriage, the spouse shall be entitled to a lump-sum
1178	payment equal to 26 weeks of compensation at the rate of 50
1179	percent of the average weekly wage as provided in s. 440.12(2),
1180	unless the $200,000$100,000limit provided in this paragraph is
1181	exceeded, in which case the surviving spouse shall receive a
1182	lump-sum payment equal to the remaining available benefits in
1183	lieu of any further indemnity benefits. In no case shall a
1184	surviving spouse's acceptance of a lump-sum payment affect
1185	payment of death benefits to other dependents.
1186	3. To the child or children, if there is no spouse, 331/3
1187	percent for each child.
1188	4. To the parents, 25 percent to each, such compensation
1189	to be paid during the continuance of dependency.
1190	5. To the brothers, sisters, and grandchildren, 15 percent
1191	for each brother, sister, or grandchild.
1192	(c) To the surviving spouse, payment of postsecondary
1193	student fees for instruction at any area technical center
1194	established under s. 1001.44 for up to 1,800 classroom hours or
1195	payment of student fees at any community college established
1196	under part III of chapter 1004 for up to 80 semester hours. The
1197	spouse of a deceased state employee shall be entitled to a full
1198	waiver of such fees as provided in ss. 1009.22 and 1009.23 in
1199	lieu of the payment of such fees. The benefits provided for in
1200	this paragraph shall be in addition to other benefits provided
1201	for in this section and shall terminate 7 years after the death
1202	of the deceased employee, or when the total payment in eligible
1203	compensation under paragraph (b) has been received. To qualify
1204	for the educational benefit under this paragraph, the spouse
1205	shall be required to meet and maintain the regular admission
1206	requirements of, and be registered at, such area technical
1207	center or community college, and make satisfactory academic
1208	progress as defined by the educational institution in which the
1209	student is enrolled.
1210	(7) Compensation under this chapter to aliens not
1211	residents (or about to become nonresidents) of the United States
1212	or Canada shall be the same in amount as provided for residents,
1213	except that dependents in any foreign country shall be limited
1214	to surviving spouse and child or children, or if there be no
1215	surviving spouse or child or children, to surviving father or
1216	mother whom the employee has supported, either wholly or in
1217	part, for the period of 1 year prior to the date of the injury,
1218	and except that the judge of compensation claims may, at the
1219	option of the judge of compensation claims, or upon the
1220	application of the insurance carrier, commute all future
1221	installments of compensation to be paid to such aliens by paying
1222	or causing to be paid to them one-half of the commuted amount of
1223	such future installments of compensation as determined by the
1224	judge of compensation claims, and provided further that
1225	compensation to dependents referred to in this subsection shall
1226	in no case exceed $100,000$50,000.
1227	Section 8. Subsection (2) of section 440.19, Florida
1228	Statutes, is amended to read:
1229	440.19 Time bars to filing petitions for benefits.--
1230	(2) Payment of any indemnity benefit or the furnishing of
1231	remedial treatment, care, or attendance pursuant to either a
1232	notice of injury or a petition for benefits shall toll the
1233	limitations period set forth above for 2 years after1 year from
1234	the date of such payment. This tolling period does not apply to
1235	the issues of compensability, date of maximum medical
1236	improvement, or permanent impairment.
1237	Section 9. Section 440.205, Florida Statutes, is amended
1238	to read:
1239	440.205 Coercion of employees.--
1240	(1)AnNo employer shall notdischarge, threaten to
1241	discharge, intimidate, or coerce any employee by reason of such
1242	employee's valid claim for compensation or attempt to claim
1243	compensation under the Workers' Compensation Law. Any employer
1244	who violates this subsection shall be subject to civil suit for
1245	damages to be filed in any circuit court of this state where the
1246	employer resides or transacts business. The immunity afforded
1247	employers under s. 440.11 does not extend to the conduct
1248	prohibited by this subsection.
1249	(2) A carrier shall not engage in conduct prohibited under
1250	s. 440.105. Any carrier who engages in conduct prohibited under
1251	s. 440.105 is subject to civil suit for damages which may be
1252	filed in any circuit court of this state where the carrier
1253	resides or transacts business. The immunity afforded carriers
1254	under s. 440.11 does not extend to conduct prohibited under this
1255	subsection or s. 440.105.
1256	Section 10. Subsection (2) of section 440.25, Florida
1257	Statutes, is amended to read:
1258	440.25 Procedures for mediation and hearings.--
1259	(2) Any party who participates in a mediation conference
1260	shall not be precluded from requesting a hearing following the
1261	mediation conference should both parties not agree to be bound
1262	by the results of the mediation conference. A mediation
1263	conference is required to be held on every petition for
1264	benefits, except in cases where the parties file a joint motion
1265	to waive mediation or in cases whereunlessthis requirement is
1266	waived by the Deputy Chief Judge. Mediation may not be waived by
1267	joint motion of the parties in any case involving a detail of
1268	compensability or a petition seeking benefits under s.
1269	440.15(1).No later than 3 days prior to the mediation
1270	conference, all parties must submit any applicable motions,
1271	including, but not limited to, a motion to waive the mediation
1272	conference, to the judge of compensation claims.
1273	Section 11. Paragraphs (b) and (c) of subsection (2) and
1274	subsection (4) of section 440.45, Florida Statutes, are amended
1275	to read:
1276	440.45 Office of the Judges of Compensation Claims.--
1277	(2)
1278	(b) Except as provided in paragraph (c), the Governor
1279	shall appoint a judge of compensation claims from a list of
1280	three persons nominated by a statewide nominating commission.
1281	The statewide nominating commission shall be composed of the
1282	following:
1283	1. Five members, at least one of whom must be a member of
1284	a minority group as defined in s. 288.703(3), one of each who
1285	resides in each of the territorial jurisdictions of the district
1286	courts of appeal, appointed by the Board of Governors of The
1287	Florida Bar from among The Florida Bar members who are engaged
1288	in the practice of law. Two of the members must be board
1289	certified in workers' compensation law by The Florida Bar and
1290	represent employers and carriers exclusively, and two of the
1291	members must be board certified in workers' compensation law by
1292	The Florida Bar and represent employees exclusively.On July 1,
1293	1999, the term of office of each person appointed by the Board
1294	of Governors of The Florida Bar to the commission expires. The
1295	Board of Governors shall appoint members who reside in the odd-
1296	numbered district court of appeal jurisdictions to 4-year terms
1297	each, beginning July 1, 1999, and members who reside in the
1298	even-numbered district court of appeal jurisdictions to 2-year
1299	terms each, beginning July 1, 1999. Thereafter, each member
1300	shall be appointed for a 4-year term;
1301	2. Five electors, at least one of whom must be a member of
1302	a minority group as defined in s. 288.703(3), one of each who
1303	resides in each of the territorial jurisdictions of the district
1304	courts of appeal, appointed by the Governor. On July 1, 1999,
1305	the term of office of each person appointed by the Governor to
1306	the commission expires. The Governor shall appoint members who
1307	reside in the odd-numbered district court of appeal
1308	jurisdictions to 2-year terms each, beginning July 1, 1999, and
1309	members who reside in the even-numbered district court of appeal
1310	jurisdictions to 4-year terms each, beginning July 1, 1999.
1311	Thereafter, each member shall be appointed for a 4-year term;
1312	and
1313	3. Five electors, at least one of whom must be a member of
1314	a minority group as defined in s. 288.703(3), one of each who
1315	resides in the territorial jurisdictions of the district courts
1316	of appeal, selected and appointed by a majority vote of the
1317	other 10 members of the commission. On October 1, 1999, the term
1318	of office of each person appointed to the commission by its
1319	other members expires. A majority of the other members of the
1320	commission shall appoint members who reside in the odd-numbered
1321	district court of appeal jurisdictions to 2-year terms each,
1322	beginning October 1, 1999, and members who reside in the even-
1323	numbered district court of appeal jurisdictions to 4-year terms
1324	each, beginning October 1, 1999. Thereafter, each member shall
1325	be appointed for a 4-year term.
1326
1327	A vacancy occurring on the commission shall be filled by the
1328	original appointing authority for the unexpired balance of the
1329	term. No attorney who appears before any judge of compensation
1330	claims more than four times a year is eligible to serve on the
1331	statewide nominating commission except as an appointee pursuant
1332	to subparagraph 1. The meetings and determinations of the
1333	nominating commission as to the judges of compensation claims
1334	shall be open to the public and shall be recorded.
1335	(c) Each judge of compensation claims shall be appointed
1336	for a term of 4 years, but during the term of office may be
1337	removed by the Governor for cause. Prior to the expiration of a
1338	judge's term of office, the statewide nominating commission
1339	shall review the judge's conduct and determine whether the
1340	judge's performance is satisfactory. Effective July 1, 2002, in
1341	determining whether a judge's performance is satisfactory, the
1342	commission shall consider the extent to which the judge has met
1343	the requirements of this chapter, including, but not limited to,
1344	the requirements of ss. 440.25(1) and (4)(a)-(f), 440.34(2), and
1345	440.442. A judge of compensation claims appearing before the
1346	commission shall testify under oath and shall be subject to
1347	penalties for perjury.If the judge's performance is deemed
1348	satisfactory, the commission shall report its finding to the
1349	Governor no later than 6 months prior to the expiration of the
1350	judge's term of office. The Governor shall review the
1351	commission's report and may reappoint the judge for an
1352	additional 4-year term. If the Governor does not reappoint the
1353	judge, the Governor shall inform the commission. The judge shall
1354	remain in office until the Governor has appointed a successor
1355	judge in accordance with paragraphs (a) and (b). If a vacancy
1356	occurs during a judge's unexpired term, the statewide nominating
1357	commission does not find the judge's performance is
1358	satisfactory, or the Governor does not reappoint the judge, the
1359	Governor shall appoint a successor judge for a term of 4 years
1360	in accordance with paragraph (b).
1361	(4) The Office of the Judges of Compensation Claims shall
1362	adopt rules to effect the purposes of this section. Such rules
1363	shall include procedural rules applicable to workers'
1364	compensation claim resolution anduniform criteria for measuring
1365	the performance of the office, including, but not limited to,
1366	the number of cases assigned and disposed, the age of pending
1367	and disposed cases, timeliness of decisionmaking, extraordinary
1368	fee awards, and other data necessary for the judicial nominating
1369	commission to review the performance of judges as required in
1370	paragraph (2)(c). Such rules shall be subject to approval by
1371	the Supreme Court.The workers' compensation rules of procedure
1372	approved by the Supreme Court apply until the rules adopted by
1373	the Office of the Judges of Compensation Claims pursuant to this
1374	section become effective.
1375	Section 12. Subsections (3) and (6) of section 627.041,
1376	Florida Statutes, are amended to read:
1377	627.041 Definitions.--As used in this part:
1378	(3) "Rating organization" means every person, other than
1379	an authorized insurer, whether located within or outside this
1380	state, who has as his or her object or purpose the making of
1381	prospective loss costs,rates, rating plans, or rating systems.
1382	Two or more authorized insurers that act in concert for the
1383	purpose of making prospective loss costs,rates, rating plans,
1384	or rating systems, and that do not operate within the specific
1385	authorizations contained in ss. 627.311, 627.314(2), (4), and
1386	627.351, shall be deemed to be a rating organization. No single
1387	insurer shall be deemed to be a rating organization.
1388	(6) "Subscriber" means an insurer which is furnished at
1389	its request:
1390	(a) With prospective loss costs, rates,and rating manuals
1391	by a rating organization of which it is not a member; or
1392	(b) With advisory services by an advisory organization of
1393	which it is not a member.
1394	Section 13. Section 627.091, Florida Statutes, is amended
1395	to read:
1396	627.091 Rate filings; workers' compensation and employer's
1397	liability insurances.--
1398	(1) As used in this section, the term:
1399	(a) "Expenses" means that portion of a rate attributable
1400	to acquisition, field supervision, collection expenses, and
1401	general expenses.
1402	(b) "Multiplier" means the profit and expenses, other than
1403	loss adjustment expenses associated with writing workers'
1404	compensation and employer's liability insurance, expressed as a
1405	single nonintegral number to be applied to the prospective loss
1406	costs approved by the department in making rates for each
1407	classification of risks utilized by that insurer.
1408	(c) "Prospective loss costs" means that portion of a rate
1409	reflecting historical aggregate losses and loss adjustment
1410	expenses projected through development to their ultimate value
1411	and through trending to a future point in time. The term does
1412	not include provisions for profit or expenses, other than loss
1413	adjustment expenses.
1414	(2)(1)As to workers' compensation and employer's
1415	liability insurances, every insurer shall file with the
1416	department every manual of classifications, rules, and rates,
1417	every rating plan, and every modification of any of the
1418	foregoing which it proposes to use. Every insurer is authorized
1419	to include deductible provisions in its manual of
1420	classifications, rules, and rates. Such deductibles shall in all
1421	cases be in a form and manner which is consistent with the
1422	underlying purpose of chapter 440.
1423	(3)(2)Every such filing shall state the proposed
1424	effective date thereof, and shall indicate the character and
1425	extent of the coverage contemplated. When a filing is not
1426	accompanied by the information upon which the insurer supports
1427	the filing and the department does not have sufficient
1428	information to determine whether the filing meets the applicable
1429	requirements of this part, it shall within 15 days after the
1430	date of filing require the insurer to furnish the information
1431	upon which it supports the filing. The information furnished in
1432	support of a filing may include:
1433	(a) The experience or judgment of the insurer or rating
1434	organization making the filing;
1435	(b) Its interpretation of any statistical data it relies
1436	upon;
1437	(c) The experience of other insurers or rating
1438	organizations; or
1439	(d) Any other factors which the insurer or rating
1440	organization deems relevant.
1441	(4)(3)A filing and any supporting information shall be
1442	open to public inspection as provided in s. 119.07(1).
1443	(5)(4) An insurer may satisfy its obligation to make such
1444	filings of prospective loss costsby becoming a member of, or a
1445	subscriber to, a licensed rating organization which makes such
1446	filings and by authorizing the department to accept such filings
1447	in its behalf; but nothing contained in this chapter shall be
1448	construed as requiring any insurer to become a member or a
1449	subscriber to any rating organization.
1450	(6)(a) A licensed rating organization may develop and file
1451	for approval with the department reference filings containing
1452	prospective loss costs and the underlying loss data and other
1453	supporting statistical and actuarial information. A rating
1454	organization may not develop or file final rates or multipliers
1455	for expenses and profit. After a loss costs reference filing has
1456	been filed with the department and approved, the rating
1457	organization shall provide its member insurers with a copy of
1458	the approved reference filing.
1459	(b) Each insurer shall independently and individually file
1460	with the department the final rates it will use and the
1461	effective date of any rate changes. An insurer may independently
1462	file its rates, including prospective loss costs, as authorized
1463	by this section. An insurer that is a member of or subscribes to
1464	a rating organization may use the prospective loss costs in an
1465	approved reference filing by the rating organization or the
1466	insurer may file for a deviation from the loss costs reference
1467	filing under s. 627.211.
1468	(c) If an insurer uses the prospective loss costs in the
1469	approved reference filing, the insurer must independently and
1470	individually file with the department its multiplier for
1471	expenses and profit. The insurer's rates shall be the
1472	combination of the prospective loss costs and the multiplier for
1473	expenses and profit. Insurers shall file data in accordance with
1474	the uniform statistical plan approved by the department.
1475	Insurers may use variable or fixed expense loads or a
1476	combination of these and may vary the expense load by class, if
1477	the insurer files supporting data justifying such variations. An
1478	insurer that uses the prospective loss costs in an approved
1479	reference filing may use its multiplier and final rates
1480	immediately upon filing with the department, subject to
1481	disapproval by the department.
1482	(d) Insurers may file with the department premium
1483	discounts, credits, and surcharges, that bear a reasonable
1484	relationship to the expected loss and expense experience of an
1485	individual policyholder, subject to a maximum surcharge of 40
1486	percent above the approved rate and a maximum discount or credit
1487	of 50 percent below the approved rate. An insurer that uses the
1488	prospective loss costs in an approved reference filing may use
1489	premium discounts, credits, and surcharges immediately upon
1490	filing with the department, subject to disapproval by the
1491	department.
1492	(e) An insurer may request to have its multiplier for
1493	expenses and profit remain on file and reference all subsequent
1494	prospective loss costs reference filings. Upon the effective
1495	date of approval of subsequent reference loss costs filings, the
1496	insurer's rates shall be the combination of the prospective loss
1497	costs and the multiplier contained in its filing with the
1498	department. The insurer's filed multiplier shall remain in
1499	effect until the insurer withdraws it and files a revised
1500	multiplier. If the insurer elects to use the prospective loss
1501	costs as filed but with a different effective date, then the
1502	insurer must file notice with the department of the effective
1503	date.
1504	(7) A rating organization may file supplementary rating
1505	information that includes policy-writing rules, rating plans
1506	classification codes and descriptions, and rules that include
1507	factors or relativities, such as increased limits factors,
1508	classification relativities, or similar factors, but excludes
1509	minimum premiums. An insurer may elect to use such supplementary
1510	rating information approved by the department.
1511	(8) A rating organization may file:
1512	(a) Final rates and rating plans for the residual market.
1513	(b) The uniform classification plan and rules.
1514	(c) The uniform experience rating plan and rules.
1515	(d) Advisory manual workers' compensation rates to be used
1516	for the sole purpose of computing the assessment liability of
1517	self-insurers.
1518	(9)(5)Pursuant to the provisions of s. 624.3161, the
1519	department may examine the underlying statistical data used in
1520	such filings.
1521	(10)(6)Whenever the committee of a recognized rating
1522	organization with responsibility for workers' compensation and
1523	employer's liability insurance rates in this state meets to
1524	discuss the necessity for, or a request for, Florida rate
1525	increases or decreases, the determination of Florida rates, the
1526	rates to be requested, and any other matters pertaining
1527	specifically and directly to such Florida rates, such meetings
1528	shall be held in this state and shall be subject to s. 286.011.
1529	The committee of such a rating organization shall provide at
1530	least 3 weeks' prior notice of such meetings to the department
1531	and shall provide at least 14 days' prior notice of such
1532	meetings to the public by publication in the Florida
1533	Administrative Weekly.
1534	Section 14. Subsection (1) of section 627.096, Florida
1535	Statutes, is amended to read:
1536	627.096 Workers' Compensation Rating Bureau.--
1537	(1) There is created within the department a Workers'
1538	Compensation Rating Bureau, which shall make an investigation
1539	and study of all insurers authorized to issue workers'
1540	compensation and employer's liability coverage in this state.
1541	Such bureau shall study the data, statistics, schedules, or
1542	other information as it may deem necessary to assist and advise
1543	the department in its review of filings made by or on behalf of
1544	workers' compensation and employer's liability insurers. The
1545	department shall have the authority to promulgate rules
1546	requiring all workers' compensation and employer's liability
1547	insurers to submit to the rating bureau any data, statistics,
1548	schedules, and other information deemed necessary to the rating
1549	bureau's study and advisement. All data, statistics, schedules,
1550	and other information submitted to, or considered by, the
1551	Workers' Compensation Rating Bureau shall be considered public
1552	record for purposes of s. 119.07(1) and s. 24(a), Art. I of the
1553	State Constitution.
1554	Section 15. Section 627.101, Florida Statutes, is amended
1555	to read:
1556	627.101 When filing becomes effective; workers'
1557	compensation and employer's liability insurances.--
1558	(1) The department shall review prospective loss costs
1559	filings and final ratefilings as to workers' compensation and
1560	employer's liability insurances as soon as reasonably possible
1561	after they have been made in order to determine whether they
1562	meet the applicable requirements of this part. If the department
1563	determines that part of a rate filing does not meet the
1564	applicable requirements of this part, it may reject so much of
1565	the filing as does not meet these requirements, and approve the
1566	remainder of the filing.
1567	(2) The department shall specifically approve a
1568	prospective loss coststhefiling before it becomes effective,
1569	unless the department has concluded it to be in the public
1570	interest to hold a public hearing to determine whether the
1571	filing meets the requirements of this chapter and has given
1572	notice of such hearing to the insurer or rating organization
1573	that made the filing, and in which case the effectiveness of the
1574	filing shall be subject to the further order of the department
1575	made as provided in s. 627.111. An insurer that uses the
1576	prospective loss costs in an approved reference filing may use
1577	its multiplier and final rates immediately upon filing with the
1578	department, as provided in s. 627.091, subject to disapproval by
1579	the department. If the department specifically disapproves
1580	either a prospective loss costs filing or a final ratethe
1581	filing, the provisions of subsection (4) shall apply.
1582	(3) An insurer or rating organization may, at the time it
1583	makes a prospective loss costsfiling with the department,
1584	request a public hearing thereon. In such event, the department
1585	shall give notice of the hearing.
1586	(4) If the department disapproves a prospective loss costs
1587	or final ratefiling, it shall promptly give notice of such
1588	disapproval to the insurer or rating organization that made the
1589	filing, stating the respects in which it finds that the filing
1590	does not meet the requirements of this chapter. If the
1591	department approves a filing, it shall give prompt notice
1592	thereof to the insurer or rating organization that made the
1593	filing, and in which case the filing shall become effective upon
1594	such approval or upon such subsequent date as may be
1595	satisfactory to the department and the insurer or rating
1596	organization that made the filing.
1597	Section 16. Subsection (1) of section 627.211, Florida
1598	Statutes, is amended to read:
1599	627.211 Deviations; workers' compensation and employer's
1600	liability insurances.--
1601	(1) Every member or subscriber to a rating organization
1602	shall, as to workers' compensation or employer's liability
1603	insurance, adhere to the filings made on its behalf by such
1604	organization; except that any such insurer may make written
1605	application to the department for permission to file a uniform
1606	percentage decrease or increase to be applied to the premiums
1607	produced by the rating system so filed for a kind of insurance,
1608	for a class of insurance which is found by the department to be
1609	a proper rating unit for the application of such uniform
1610	percentage decrease or increase, or for a subdivision of
1611	workers' compensation or employer's liability insurance:
1612	(a) Comprised of a group of manual classifications which
1613	is treated as a separate unit for ratemaking purposes; or
1614	(b) For which separate expense provisions for loss
1615	adjustment expensesare included in the filings of the rating
1616	organization.
1617
1618	Such application shall specify the basis for the modification
1619	and shall be accompanied by the data upon which the applicant
1620	relies. A copy of the application and data shall be sent
1621	simultaneously to the rating organization.
1622	Section 17. If any provision of this act or its
1623	application to any person or circumstance is held invalid, the
1624	invalidity does not affect other provisions or applications of
1625	the act which can be given effect without the invalid provision
1626	or application, and to this end the provisions of this act are
1627	declared severable.
1628	Section 18. This act shall take effect January 1, 2004.