HOUSE AMENDMENT Bill No. HB 1837
1	CHAMBER ACTION
2	Senate House
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12	Representative(s) Seiler, Gelber, Ross, Goodlette, Ritter,
13	Brown, and Berfield offered the following:
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15	Amendment (with title amendments)
16	Remove line(s) 4724 through 4749, and insert:
17	Section 31. Subsection (6) of section 440.491, Florida
18	Statutes, is amended to read:
19	440.491 Reemployment of injured workers; rehabilitation.--
20	(6) TRAINING AND EDUCATION.--
21	(a) Upon referral of an injured employee by the carrier,
22	or upon the request of an injured employee, the department shall
23	conduct a training and education screening to determine whether
24	it should refer the employee for a vocational evaluation and, if
25	appropriate, approve training and education or other vocational
26	services for the employee. The department may not approve formal
27	training and education programs unless it determines, after
28	consideration of the reemployment assessment, pertinent
29	reemployment status reviews or reports, and such other relevant
30	factors as it prescribes by rule, that the reemployment plan is
31	likely to result in return to suitable gainful employment. The
32	department is authorized to expend moneys from the Workers'
33	Compensation Administration Trust Fund, established by s.
34	440.50, to secure appropriate training and education at a
35	community college established under part III of chapter 240 or
36	at a vocational-technical school established under s. 230.63, or
37	to secureother vocational services when necessary to satisfy
38	the recommendation of a vocational evaluator. As used in this
39	paragraph, “appropriate training and education” includes
40	securing a general education diploma (GED), if necessary.The
41	department shall establish training and education standards
42	pertaining to employee eligibility, course curricula and
43	duration, and associated costs.
44	(b) When it appears thatan employee who has attained
45	maximum medical improvement is unable to earn at least 80
46	percent of the compensation rate andrequires training and
47	education to obtain suitable gainful employment, the employer or
48	carrier shall pay the employee additional training and education
49	temporary total compensation benefitswhile the employee
50	receives such training and education for a period not to exceed
51	104 weeks. The benefits provided under this paragraph shall not
52	be in addition to the 104 weeks as specified in s. 440.15(2)26
53	weeks, which period may be extended for an additional 26 weeks
54	or less, if such extended period is determined to be necessary
55	and proper by a judge of compensation claims.However, a
56	carrier or employer is not precluded from voluntarily paying
57	additional temporary total disability compensation beyond that
58	period. If an employee requires temporary residence at or near a
59	facility or an institution providing training and education
60	which is located more than 50 miles away from the employee's
61	customary residence, the reasonable cost of board, lodging, or
62	travel must be borne by the department from the Workers'
63	Compensation Administration Trust Fund established by s. 440.50.
64	An employee who refuses to accept training and education that is
65	recommended by the vocational evaluator and considered necessary
66	by the department will forfeit any additional training and
67	education benefits and any additional payment for lost wages
68	under this chapter. The department shall adopt rules to
69	implement this section, which shall include requirements placed
70	upon the carrier to notify the injured employee of the
71	availability of training and education benefits as specified in
72	this chapter. The department shall also include information
73	regarding the eligibility for training and education benefits in
74	informational materials specified in ss. 440.207 and 440.40is
75	subject to a 50-percent reduction in weekly compensation
76	benefits, including wage-loss benefits, as determined under s.
77	440.15(3)(b).
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79	================= T I T L E A M E N D M E N T =================
80	Remove line(s) 80 through 81, and insert:
81	amending s. 440.49, F.S., to conform cross references; amending
82	s. 440.491, F.S.; providing training and education requirements
83	and benefits relating to reemployment of injured workers;
84	providing for rules; amending s. 440.525, F.S.; providing for
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