HB 1837, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to workers' compensation; amending s.
3	440.02, F.S.; providing, revising, and deleting
4	definitions; amending s. 440.05, F.S.; revising
5	authorization to claim exemptions and requirements
6	relating to submitting notice of election of exemption;
7	specifying effect of exemption; amending s. 440.06, F.S.;
8	revising provisions relating to failure to secure
9	compensation; amending s. 440.077, F.S.; providing that a
10	corporate officer electing to be exempt may not receive
11	benefits; amending s. 440.09, F.S.; revising provisions
12	relating to compensation for subsequent injuries;
13	providing definitions; revising provisions relating to
14	drug testing; specifying effect of criminal acts; creating
15	s. 440.093, F.S.; providing for compensability of mental
16	and nervous injuries; amending s. 440.10, F.S.; revising
17	provisions relating to contractors and subcontractors with
18	regard to liability for compensation; requiring
19	subcontractors to provide evidence of workers'
20	compensation coverage or proof of exemption to a
21	contractor; deleting provisions relating to independent
22	contractors; amending s. 440.1025, F.S.; revising
23	requirements relating to workplace safety programs;
24	amending s. 440.103, F.S.; providing conditions for
25	applying for building permits; amending s. 440.105, F.S.;
26	increasing criminal penalties for certain violations;
27	providing sanctions for violation of stop-work orders and
28	presentation of certain false or misleading statements as
29	evidence; amending s. 440.1051, F.S.; increasing criminal
30	penalty for false reports; amending s. 440.107, F.S.;
31	providing additional powers to the Department of Financial
32	Services relating to compliance and enforcement; providing
33	a definition; providing penalties; amending s. 440.11,
34	F.S.; providing exclusiveness of liability; revising
35	provisions relating to employer and safety consultant
36	immunity from liability; amending s. 440.13, F.S.;
37	providing for practice parameters and treatment protocols;
38	revising provisions relating to provider reimbursement;
39	requiring revision of specified reimbursement schedules;
40	providing for release of information; providing additional
41	criteria for independent medical examinations; providing a
42	definition; providing standards for medical care under ch.
43	440, F.S.; providing penalties; amending s. 440.134, F.S.;
44	revising provisions relating to managed care arrangements;
45	revising definitions; providing for assignment of a
46	medical care coordinator; amending s. 440.14, F.S.;
47	revising provisions relating to calculation of average
48	weekly wage for injured employees; conforming cross
49	references; amending s. 440.15, F.S.; providing additional
50	limitations on compensation for permanent total
51	disability; providing a definition; specifying impairment
52	benefits and providing for partial reduction under certain
53	circumstances; deleting provisions relating to
54	supplemental benefits; amending s. 440.151, F.S.;
55	specifying compensability of occupational disease;
56	providing a definition; amending s. 440.16, F.S.;
57	increasing the limits on the amount of certain benefits
58	paid as compensation for death; amending s. 440.185, F.S.;
59	specifying duty of employer upon receipt of notice of
60	injury or death; increasing penalties for noncompliance;
61	amending s. 440.192, F.S.; revising procedure for
62	resolving benefit disputes; requiring a petition for
63	benefits to include all claims which are ripe, due, and
64	owing; providing that the Chief Judge, rather than the
65	Deputy Chief Judge, shall refer petitions for benefits;
66	creating s. 440.1926, F.S.; providing for alternative
67	dispute resolution and arbitration of claims; amending s.
68	440.20, F.S.; revising provisions relating to timely
69	payment of compensation and medical bills and penalties
70	for late payment; amending s. 440.25, F.S.; revising
71	procedures for mediation and hearings; amending s. 440.34,
72	F.S.; revising provisions relating to the award of
73	attorney's fees; amending s. 440.38, F.S.; providing
74	requirement for employers with coverage provided by
75	insurers from outside the state; amending s. 440.381,
76	F.S.; providing criminal penalty for unlawful
77	applications; requiring on-site audits of employers under
78	certain circumstances; amending s. 440.42, F.S.; revising
79	provision relating to notice of cancellation of coverage;
80	amending s. 440.49, F.S., to conform cross references;
81	amending s. 440.491, F.S.; providing training and
82	education requirements and benefits relating to
83	reemployment of injured workers; providing for rules;
84	amending s. 440.525, F.S.; providing for audits,
85	examinations, and investigations of claims-handing
86	entities; providing penalties; providing for rules;
87	amending s. 627.162, F.S.; revising delinquency and
88	collection fee for late payment of premium installments;
89	amending s. 627.311, F.S.; requiring participation in
90	safety programs; providing for an additional subplan
91	within the joint underwriting plan for workers’
92	compensation insurance; providing for rates, surcharges,
93	and assessments; limiting assessment powers; amending s.
94	921.0022, F.S.; revising the offense severity ranking
95	chart to reflect changes in penalties under the act;
96	requiring a report to the Legislature from the Department
97	of Financial Services regarding provisions of law relating
98	to enforcement; amending ss. 946.523 and 985.315, F.S.,
99	to conform cross references; repealing s. 440.1925, F.S.,
100	relating to procedure for resolving maximum medical
101	improvement or permanent impairment disputes; providing
102	that amendments to ss. 440.02 and 440.15, F.S., do not
103	affect certain disability, determination, and benefits;
104	providing effective dates.
105
106	Be It Enacted by the Legislature of the State of Florida:
107
108	Section 1. Effective upon this act becoming a law,
109	Subsections (1), (15), (29), (38), (40), (41), and (42) of
110	section 440.02, Florida Statutes, are amended to read:
111	440.02 Definitions.-- When used in this chapter, unless
112	the context clearly requires otherwise, the following terms
113	shall have the following meanings:
114	(1) "Accident" means only an unexpected or unusual event
115	or result that happens suddenly. A mental or nervous injury due
116	to stress, fright, or excitement only, orDisability or death
117	due to the accidental acceleration or aggravation of a venereal
118	disease or of a disease due to the habitual use of alcohol or
119	controlled substances or narcotic drugs, or a disease that
120	manifests itself in the fear of or dislike for an individual
121	because of the individual's race, color, religion, sex, national
122	origin, age, or handicap is not an injury by accident arising
123	out of the employment. Subject to s. 440.15(5),if a preexisting
124	disease or anomaly is accelerated or aggravated by an accident
125	arising out of and in the course of employment, only
126	acceleration of death or acceleration or aggravation of the
127	preexisting condition reasonably attributable to the accident is
128	compensable, with respect to any compensation otherwise payable
129	under this chapterdeath or permanent impairment. An injury or
130	disease caused by exposure to a toxic substance, including, but
131	not limited to, fungus or mold, is not an injury by accident
132	arising out of the employment unless there is clear and
133	convincing evidence establishing that exposure to the specific
134	substance involved, at the levels to which the employee was
135	exposed, can cause the injury or disease sustained by the
136	employee.
137	(15)(a) "Employee" means any person engaged in any
138	employment under any appointment or contract of hire or
139	apprenticeship, express or implied, oral or written, whether
140	lawfully or unlawfully employed, and includes, but is not
141	limited to, aliens and minors.
142	(b) "Employee" includes any person who is an officer of a
143	corporation and who performs services for remuneration for such
144	corporation within this state, whether or not such services are
145	continuous.
146	1. Any officer of a corporation may elect to be exempt
147	from this chapter by filing written notice of the election with
148	the department as provided in s. 440.05.
149	2. As to officers of a corporation who are actively
150	engaged in the construction industry, no more than three
151	officers may elect to be exempt from this chapter by filing
152	written notice of the election with the department as provided
153	in s. 440.05. However, any exemption obtained by a corporate
154	officer of a corporation actively engaged in the construction
155	industry is not applicable with respect to any commercial
156	building project estimated to be valued at $250,000 or greater.
157	3. An officer of a corporation who elects to be exempt
158	from this chapter by filing a written notice of the election
159	with the department as provided in s. 440.05 is not an employee.
160
161	Services are presumed to have been rendered to the corporation
162	if the officer is compensated by other than dividends upon
163	shares of stock of the corporation which the officer owns.
164	(c)1."Employee" includes a sole proprietor or a partner
165	who devotes full time to the proprietorship or partnership and,
166	except as provided in this paragraph, elects to be included in
167	the definition of employee by filing notice thereof as provided
168	in s. 440.05. Partners or sole proprietors actively engaged in
169	the construction industry are considered employees unless they
170	elect to be excluded from the definition of employee by filing
171	written notice of the election with the department as provided
172	in s. 440.05. However, no more than three partners in a
173	partnership that is actively engaged in the construction
174	industry may elect to be excluded. A sole proprietor or partner
175	who is actively engaged in the construction industry and who
176	elects to be exempt from this chapter by filing a written notice
177	of the election with the department as provided in s. 440.05 is
178	not an employee. For purposes of this chapter, an independent
179	contractor is an employee unless he or she meets all of the
180	conditions set forth in subparagraph (d)1.
181	2. Notwithstanding the provisions of subparagraph 1., the
182	term "employee" includes a sole proprietor or partner actively
183	engaged in the construction industry with respect to any
184	commercial building project estimated to be valued at $250,000
185	or greater. Any exemption obtained is not applicable, with
186	respect to work performed at such a commercial building project.
187	(d) "Employee" does not include:
188	1. An independent contractor, if:
189	a. The independent contractor maintains a separate
190	business with his or her own work facility, truck, equipment,
191	materials, or similar accommodations;
192	b. The independent contractor holds or has applied for a
193	federal employer identification number, unless the independent
194	contractor is a sole proprietor who is not required to obtain a
195	federal employer identification number under state or federal
196	requirements;
197	c. The independent contractor performs or agrees to
198	perform specific services or work for specific amounts of money
199	and controls the means of performing the services or work;
200	d. The independent contractor incurs the principal
201	expenses related to the service or work that he or she performs
202	or agrees to perform;
203	e. The independent contractor is responsible for the
204	satisfactory completion of work or services that he or she
205	performs or agrees to perform and is or could be held liable for
206	a failure to complete the work or services;
207	f. The independent contractor receives compensation for
208	work or services performed for a commission or on a per-job or
209	competitive-bid basis and not on any other basis;
210	g. The independent contractor may realize a profit or
211	suffer a loss in connection with performing work or services;
212	h. The independent contractor has continuing or recurring
213	business liabilities or obligations; and
214	i. The success or failure of the independent contractor's
215	business depends on the relationship of business receipts to
216	expenditures.
217
218	However, the determination as to whether an individual included
219	in the Standard Industrial Classification Manual of 1987,
220	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
221	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
222	or a newspaper delivery person, is an independent contractor is
223	governed not by the criteria in this paragraph but by common-law
224	principles, giving due consideration to the business activity of
225	the individual. Notwithstanding the provisions of this paragraph
226	or any other provision of this chapter, with respect to any
227	commercial building project estimated to be valued at $250,000
228	or greater, a person who is actively engaged in the construction
229	industry is not an independent contractor and is either an
230	employer or an employee who may not be exempt from the coverage
231	requirements of this chapter.
232	2. A real estate salesperson or agent, if that person
233	agrees, in writing, to perform for remuneration solely by way of
234	commission.
235	3. Bands, orchestras, and musical and theatrical
236	performers, including disk jockeys, performing in licensed
237	premises as defined in chapter 562, if a written contract
238	evidencing an independent contractor relationship is entered
239	into before the commencement of such entertainment.
240	4. An owner-operator of a motor vehicle who transports
241	property under a written contract with a motor carrier which
242	evidences a relationship by which the owner-operator assumes the
243	responsibility of an employer for the performance of the
244	contract, if the owner-operator is required to furnish the
245	necessary motor vehicle equipment and all costs incidental to
246	the performance of the contract, including, but not limited to,
247	fuel, taxes, licenses, repairs, and hired help; and the owner-
248	operator is paid a commission for transportation service and is
249	not paid by the hour or on some other time-measured basis.
250	5. A person whose employment is both casual and not in the
251	course of the trade, business, profession, or occupation of the
252	employer.
253	6. A volunteer, except a volunteer worker for the state or
254	a county, municipality, or other governmental entity. A person
255	who does not receive monetary remuneration for services is
256	presumed to be a volunteer unless there is substantial evidence
257	that a valuable consideration was intended by both employer and
258	employee. For purposes of this chapter, the term "volunteer"
259	includes, but is not limited to:
260	a. Persons who serve in private nonprofit agencies and who
261	receive no compensation other than expenses in an amount less
262	than or equivalent to the standard mileage and per-diem expenses
263	provided to salaried employees in the same agency or, if such
264	agency does not have salaried employees who receive mileage and
265	per diem, then such volunteers who receive no compensation other
266	than expenses in an amount less than or equivalent to the
267	customary mileage and per diem paid to salaried workers in the
268	community as determined by the department; and
269	b. Volunteers participating in federal programs
270	established under Pub. L. No. 93-113.
271	7. Any officer of a corporation who elects to be exempt
272	from this chapter.
273	8. A sole proprietor or officer of a corporation who
274	actively engages in the construction industry, and a partner in
275	a partnership that is actively engaged in the construction
276	industry, who elects to be exempt from the provisions of this
277	chapter. Such sole proprietor, officer, or partner is not an
278	employee for any reason until the notice of revocation of
279	election filed pursuant to s. 440.05 is effective.
280	9. An exercise rider who does not work for a single horse
281	farm or breeder, and who is compensated for riding on a case-by-
282	case basis, provided a written contract is entered into prior to
283	the commencement of such activity which evidences that an
284	employee/employer relationship does not exist.
285	10. A taxicab, limousine, or other passenger vehicle-for-
286	hire driver who operates said vehicles pursuant to a written
287	agreement with a company which provides any dispatch, marketing,
288	insurance, communications, or other services under which the
289	driver and any fees or charges paid by the driver to the company
290	for such services are not conditioned upon, or expressed as a
291	proportion of, fare revenues.
292	11. A person who performs services as a sports official
293	for an entity sponsoring an interscholastic sports event or for
294	a public entity or private, nonprofit organization that sponsors
295	an amateur sports event. For purposes of this subparagraph, such
296	a person is an independent contractor. For purposes of this
297	subparagraph, the term "sports official" means any person who is
298	a neutral participant in a sports event, including, but not
299	limited to, umpires, referees, judges, linespersons,
300	scorekeepers, or timekeepers. This subparagraph does not apply
301	to any person employed by a district school board who serves as
302	a sports official as required by the employing school board or
303	who serves as a sports official as part of his or her
304	responsibilities during normal school hours.
305	(29) "Weekly compensation rate" means and refers to the
306	amount of compensation payable for a period of 7 consecutive
307	calendardays, including any Saturdays, Sundays, holidays, and
308	other nonworking days which fall within such period of 7
309	consecutive calendardays. When Saturdays, Sundays, holidays, or
310	other nonworking days follow the first 7 calendardays of
311	disability or occur at the end of a period of disability as the
312	last day or days of such period, such nonworking days constitute
313	a part of the period of disability with respect to which
314	compensation is payable.
315	(38) "Catastrophic injury" means a permanent impairment
316	constituted by the loss of both hands, both arms, both feet,
317	both legs, or both eyes, or any two thereof, or paraplegia or
318	quadriplegia.:
319	(a) Spinal cord injury involving severe paralysis of an
320	arm, a leg, or the trunk;
321	(b) Amputation of an arm, a hand, a foot, or a leg
322	involving the effective loss of use of that appendage;
323	(c) Severe brain or closed-head injury as evidenced by:
324	1. Severe sensory or motor disturbances;
325	2. Severe communication disturbances;
326	3. Severe complex integrated disturbances of cerebral
327	function;
328	4. Severe episodic neurological disorders; or
329	5. Other severe brain and closed-head injury conditions at
330	least as severe in nature as any condition provided in
331	subparagraphs 1.-4.;
332	(d) Second-degree or third-degree burns of 25 percent or
333	more of the total body surface or third-degree burns of 5
334	percent or more to the face and hands;
335	(e) Total or industrial blindness; or
336	(f) Any other injury that would otherwise qualify under
337	this chapter of a nature and severity that would qualify an
338	employee to receive disability income benefits under Title II or
339	supplemental security income benefits under Title XVI of the
340	federal Social Security Act as the Social Security Act existed
341	on July 1, 1992, without regard to any time limitations provided
342	under that act.
343	(40) "Statement," for the purposes of ss. 440.105 and
344	440.106, shall include the exact fraud statement language in s.
345	440.105(7). This requirementincludes, but is not limited to,
346	any notice, representation, statement, proof of injury, bill for
347	services, diagnosis, prescription, hospital or doctor record, X
348	ray, test result, or other evidence of loss, injury, or expense.
349	(41) “Specificity” means information on the petition for
350	benefits sufficient to put the employer or carrier on notice of
351	the exact statutory classification and outstanding time period
352	of benefits being requested and includes a detailed explanation
353	of any benefits received that should be increased, decreased,
354	changed, or otherwise modified. If the petition is for medical
355	benefits, the information shall include specific details as to
356	why such benefits are being requested, why such benefits are
357	medically necessary, and why current treatment, if any, is not
358	sufficient. Any petition requesting alternate or other medical
359	care, including, but not limited to, petitions requesting
360	psychiatric or psychological treatment, must specifically
361	identify the physician, as defined in s. 440.13(1), that is
362	recommending such treatment. A copy of a report from such
363	physician making the recommendation for alternate or other
364	medical care shall also be attached to the petition. A judge of
365	compensation claims shall not order such treatment if a
366	physician is not recommending such treatment."Commercial
367	building" means any building or structure intended for
368	commercial or industrial use, or any building or structure
369	intended for multifamily use of more than four dwelling units,
370	as well as any accessory use structures constructed in
371	conjunction with the principal structure. The term, "commercial
372	building," does not include the conversion of any existing
373	residential building to a commercial building.
374	(42) "Residential building" means any building or
375	structure intended for residential use containing four or fewer
376	dwelling units and any structures intended as an accessory use
377	to the residential structure.
378	Section 2. Effective January 1, 2004, subsections (8),
379	(15), and (16) of section 440.02, Florida Statutes, as amended
380	by this act, are amended to read:
381	440.02 Definitions.--When used in this chapter, unless the
382	context clearly requires otherwise, the following terms shall
383	have the following meanings:
384	(8) "Construction industry" means for-profit activities
385	involving the carrying out ofany building, clearing, filling,
386	excavation, or substantial improvement in the size or use of any
387	structure or the appearance of any land. When appropriate to the
388	context, "construction" refers to the act of construction or the
389	result of construction. However, "construction" doesshallnot
390	mean a homeowner'slandowner'sact of construction or the result
391	of a construction upon his or her own premises, provided such
392	premises are not intended to be sold,or resold, or leased by
393	the owner within 1 year after the commencement of construction.
394	The division may, by rule, establish standard industrial
395	classification codes and definitions thereof which meet the
396	criteria of the term “construction industry” as set forth in
397	this section.
398	(15)(a) "Employee" means any person who receives
399	remuneration from an employer for the performance of any work or
400	service whileengaged in any employment under any appointment or
401	contract forofhire or apprenticeship, express or implied, oral
402	or written, whether lawfully or unlawfully employed, and
403	includes, but is not limited to, aliens and minors.
404	(b) "Employee" includes any person who is an officer of a
405	corporation and who performs services for remuneration for such
406	corporation within this state, whether or not such services are
407	continuous.
408	1. Any officer of a corporation may elect to be exempt
409	from this chapter by filing written notice of the election with
410	the department as provided in s. 440.05.
411	2. As to officers of a corporation who are actively
412	engaged in the construction industry, no more than three
413	officers of a corporation or of any group of affiliated
414	corporationsmay elect to be exempt from this chapter by filing
415	written notice of the election with the department as provided
416	in s. 440.05. Officers must be shareholders, each owning at
417	least 10 percent of the stock of such corporation and listed as
418	an officer of such corporation with the Division of Corporations
419	of the Department of State, in order to elect exemptions under
420	this chapter. For purposes of this subparagraph, the term
421	“affiliated” means and includes one or more corporations or
422	entities, any one of which is a corporation engaged in the
423	construction industry, under the same or substantially the same
424	control of a group of business entities which are connected or
425	associated so that one entity controls or has the power to
426	control each of the other business entities. The term
427	“affiliated” includes, but is not limited to, the officers,
428	directors, executives, shareholders active in management,
429	employees, and agents of the affiliated corporation. The
430	ownership by one business entity of a controlling interest in
431	another business entity or a pooling of equipment or income
432	among business entities shall be prima facie evidence that one
433	business is affiliated with the other.
434	3. An officer of a corporation who elects to be exempt
435	from this chapter by filing a written notice of the election
436	with the department as provided in s. 440.05 is not an employee.
437
438	Services are presumed to have been rendered to the corporation
439	if the officer is compensated by other than dividends upon
440	shares of stock of the corporation which the officer owns.
441	(c) "Employee" includes:
442	1. A sole proprietor or a partner who is not engaged in
443	the construction industry,devotes full time to the
444	proprietorship or partnership, and, except as provided in this
445	paragraph,elects to be included in the definition of employee
446	by filing notice thereof as provided in s. 440.05. Partners or
447	sole proprietors actively engaged in the construction industry
448	are considered employees unless they elect to be excluded from
449	the definition of employee by filing written notice of the
450	election with the department as provided in s. 440.05. However,
451	no more than three partners in a partnership that is actively
452	engaged in the construction industry may elect to be excluded. A
453	sole proprietor or partner who is actively engaged in the
454	construction industry and who elects to be exempt from this
455	chapter by filing a written notice of the election with the
456	department as provided in s. 440.05 is not an employee. For
457	purposes of this chapter, an independent contractor is an
458	employee unless he or she meets all of the conditions set forth
459	in subparagraph (d)1.
460	2. All persons who are being paid by a construction
461	contractor as a subcontractor, unless the subcontractor has
462	validly elected an exemption as permitted by this chapter, or
463	has otherwise secured the payment of compensation coverage as a
464	subcontractor, consistent with s. 440.10, for work performed by
465	or as a subcontractor.
466	3. An independent contractor working or performing
467	services in the construction industry.
468	4. A sole proprietor who engages in the construction
469	industry and a partner or partnership that is engaged in the
470	construction industry.
471	(d) "Employee" does not include:
472	1. An independent contractor who is not engaged in the
473	construction industry., if:
474	a. In order to meet the definition of independent
475	contractor, at least four of the following criteria must be met:
476	(I) The independent contractor maintains a separate
477	business with his or her own work facility, truck, equipment,
478	materials, or similar accommodations;
479	(II) The independent contractor holds or has applied for a
480	federal employer identification number, unless the independent
481	contractor is a sole proprietor who is not required to obtain a
482	federal employer identification number under state or federal
483	regulations;
484	(III) The independent contractor receives compensation for
485	services rendered or work performed and such compensation is
486	paid to a business rather than to an individual;
487	(IV) The independent contractor holds one or more bank
488	accounts in the name of the business entity for purposes of
489	paying business expenses or other expenses related to services
490	rendered or work performed for compensation;
491	(V) The independent contractor performs work or is able to
492	perform work for any entity in addition to or besides the
493	employer at his or her own election without the necessity of
494	completing an employment application or process; or
495	(VI) The independent contractor receives compensation for
496	work or services rendered on a competitive-bid basis or
497	completion of a task or a set of tasks as defined by a
498	contractual agreement, unless such contractual agreement
499	expressly states that an employment relationship exists.The
500	independent contractor maintains a separate business with his or
501	her own work facility, truck, equipment, materials, or similar
502	accommodations;
503	b. If four of the criteria listed in sub-subparagraph a.
504	do not exist, an individual may still be presumed to be an
505	independent contractor and not an employee based on full
506	consideration of the nature of the individual situation with
507	regard to satisfying any of the following conditions:
508	(I) The independent contractor performs or agrees to
509	perform specific services or work for a specific amount of money
510	and controls the means of performing the services or work.
511	(II) The independent contractor incurs the principal
512	expenses related to the service or work that he or she performs
513	or agrees to perform.
514	(III) The independent contractor is responsible for the
515	satisfactory completion of the work or services that he or she
516	performs or agrees to perform.
517	(IV) The independent contractor receives compensation for
518	work or services performed for a commission or on a per-job
519	basis and not on any other basis.
520	(V) The independent contractor may realize a profit or
521	suffer a loss in connection with performing work or services.
522	(VI) The independent contractor has continuing or
523	recurring business liabilities or obligations.
524	(VII) The success or failure of the independent
525	contractor’s business depends on the relationship of business
526	receipts to expenditures.The independent contractor holds or
527	has applied for a federal employer identification number, unless
528	the independent contractor is a sole proprietor who is not
529	required to obtain a federal employer identification number
530	under state or federal requirements;
531	c. Notwithstanding anything to the contrary in this
532	subparagraph, an individual claiming to be an independent
533	contractor has the burden of proving that he or she is an
534	independent contractor for purposes of this chapter.The
535	independent contractor performs or agrees to perform specific
536	services or work for specific amounts of money and controls the
537	means of performing the services or work;
538	d. The independent contractor incurs the principal
539	expenses related to the service or work that he or she performs
540	or agrees to perform;
541	e. The independent contractor is responsible for the
542	satisfactory completion of work or services that he or she
543	performs or agrees to perform and is or could be held liable for
544	a failure to complete the work or services;
545	f. The independent contractor receives compensation for
546	work or services performed for a commission or on a per-job or
547	competitive-bid basis and not on any other basis;
548	g. The independent contractor may realize a profit or
549	suffer a loss in connection with performing work or services;
550	h. The independent contractor has continuing or recurring
551	business liabilities or obligations; and
552	i. The success or failure of the independent contractor's
553	business depends on the relationship of business receipts to
554	expenditures.
555
556	However, the determination as to whether an individual included
557	in the Standard Industrial Classification Manual of 1987,
558	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
559	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
560	or a newspaper delivery person, is an independent contractor is
561	governed not by the criteria in this paragraph but by common-law
562	principles, giving due consideration to the business activity of
563	the individual.
564	2. A real estate salesperson or agent, if that person
565	agrees, in writing, to perform for remuneration solely by way of
566	commission.
567	3. Bands, orchestras, and musical and theatrical
568	performers, including disk jockeys, performing in licensed
569	premises as defined in chapter 562, if a written contract
570	evidencing an independent contractor relationship is entered
571	into before the commencement of such entertainment.
572	4. An owner-operator of a motor vehicle who transports
573	property under a written contract with a motor carrier which
574	evidences a relationship by which the owner-operator assumes the
575	responsibility of an employer for the performance of the
576	contract, if the owner-operator is required to furnish the
577	necessary motor vehicle equipment and all costs incidental to
578	the performance of the contract, including, but not limited to,
579	fuel, taxes, licenses, repairs, and hired help; and the owner-
580	operator is paid a commission for transportation service and is
581	not paid by the hour or on some other time-measured basis.
582	5. A person whose employment is both casual and not in the
583	course of the trade, business, profession, or occupation of the
584	employer.
585	6. A volunteer, except a volunteer worker for the state or
586	a county, municipality, or other governmental entity. A person
587	who does not receive monetary remuneration for services is
588	presumed to be a volunteer unless there is substantial evidence
589	that a valuable consideration was intended by both employer and
590	employee. For purposes of this chapter, the term "volunteer"
591	includes, but is not limited to:
592	a. Persons who serve in private nonprofit agencies and who
593	receive no compensation other than expenses in an amount less
594	than or equivalent to the standard mileage and per diem expenses
595	provided to salaried employees in the same agency or, if such
596	agency does not have salaried employees who receive mileage and
597	per diem, then such volunteers who receive no compensation other
598	than expenses in an amount less than or equivalent to the
599	customary mileage and per diem paid to salaried workers in the
600	community as determined by the department; and
601	b. Volunteers participating in federal programs
602	established under Pub. L. No. 93-113.
603	7. Unless otherwise prohibited by this chapter,any
604	officer of a corporation who elects to be exempt from this
605	chapter. Such officer is not an employee for any reason under
606	this chapter until the notice of revocation of election filed
607	pursuant to s. 440.05 is effective.
608	8. Ana sole proprietor or officer of a corporation who
609	actively engages in the construction industry, and a partner in
610	a partnership that is activelyengaged in the construction
611	industry,who elects to be exempt from the provisions of this
612	chapter, as otherwise permitted by this chapter. Such sole
613	proprietor, officer, or partneris not an employee for any
614	reason until the notice of revocation of election filed pursuant
615	to s. 440.05 is effective.
616	9. An exercise rider who does not work for a single horse
617	farm or breeder, and who is compensated for riding on a case-by-
618	case basis, provided a written contract is entered into prior to
619	the commencement of such activity which evidences that an
620	employee/employer relationship does not exist.
621	10. A taxicab, limousine, or other passenger vehicle-for-
622	hire driver who operates said vehicles pursuant to a written
623	agreement with a company which provides any dispatch, marketing,
624	insurance, communications, or other services under which the
625	driver and any fees or charges paid by the driver to the company
626	for such services are not conditioned upon, or expressed as a
627	proportion of, fare revenues.
628	11. A person who performs services as a sports official
629	for an entity sponsoring an interscholastic sports event or for
630	a public entity or private, nonprofit organization that sponsors
631	an amateur sports event. For purposes of this subparagraph, such
632	a person is an independent contractor. For purposes of this
633	subparagraph, the term "sports official" means any person who is
634	a neutral participant in a sports event, including, but not
635	limited to, umpires, referees, judges, linespersons,
636	scorekeepers, or timekeepers. This subparagraph does not apply
637	to any person employed by a district school board who serves as
638	a sports official as required by the employing school board or
639	who serves as a sports official as part of his or her
640	responsibilities during normal school hours.
641	12. Medicaid-enrolled clients under chapter 393 who are
642	excluded from the definition of employment under s.
643	443.036(21)(d)5. and served by Adult Day Training Services under
644	the Home and Community-Based Medicaid Waiver program in a
645	sheltered workshop setting licensed by the United States
646	Department of Labor for the purpose of training and earning less
647	than the federal hourly minimum wage.
648	(16)(a)"Employer" means the state and all political
649	subdivisions thereof, all public and quasi-public corporations
650	therein, every person carrying on any employment, and the legal
651	representative of a deceased person or the receiver or trustees
652	of any person. "Employer" also includes employment agencies,
653	employee leasing companies, and similar agents who provide
654	employees to other persons.If the employer is a corporation,
655	parties in actual control of the corporation, including, but not
656	limited to, the president, officers who exercise broad corporate
657	powers, directors, and all shareholders who directly or
658	indirectly own a controlling interest in the corporation, are
659	considered the employer for the purposes of ss. 440.105,and
660	440.106, and 440.107.
661	(b) A homeowner shall not be considered the employer of
662	persons hired by the homeowner to carry out construction on the
663	homeowner’s own premises if those premises are not intended for
664	immediate lease, sale, or resale.
665	(c) Facilities serving individuals under subparagraph
666	(15)(d)12. shall be considered agents of the Agency for Health
667	Care Administration as it relates to providing Adult Day
668	Training Services under the Home and Community-Based Medicaid
669	Waiver program and not employers or third parties for the
670	purpose of limiting or denying Medicaid benefits.
671	Section 3. Effective January 1, 2004, subsections (3),
672	(4), (6), (10), (11), and (12) of section 440.05, Florida
673	Statutes, are amended, present subsection (13) is renumbered as
674	subsection (11) and amended, and new subsections (12), (13), and
675	(14) are added to said section, to read:
676	440.05 Election of exemption; revocation of election;
677	notice; certification.--
678	(3) Each sole proprietor, partner, orofficer of a
679	corporation who is activelyengaged in the construction industry
680	and who elects an exemption from this chapter or who, after
681	electing such exemption, revokes that exemption, must mail a
682	written notice to such effect to the department on a form
683	prescribed by the department. The notice of election to be
684	exempt from the provisions of this chapter must be notarized and
685	under oath. The notice of election to be exempt which is
686	submitted to the department by the sole proprietor, partner, or
687	officer of a corporation who is allowed to claim an exemption as
688	provided by this chaptermust list the name, federal tax
689	identification number, social security number, all certified or
690	registered licenses issued pursuant to chapter 489 held by the
691	person seeking the exemption, a copy of relevant documentation
692	as to employment status filed with the Internal Revenue Service
693	as specified by the department, a copy of the relevant
694	occupational license in the primary jurisdiction of the
695	business, and, for corporate officers and partners,the
696	registration number of the corporation or partnershipfiled with
697	the Division of Corporations of the Department of State along
698	with a copy of the stock certificate evidencing the required
699	ownership under this chapter. The notice of election to be
700	exempt must identify each sole proprietorship, partnership, or
701	corporation that employs the person electing the exemption and
702	must list the social security number or federal tax
703	identification number of each such employer and the additional
704	documentation required by this section. In addition, the notice
705	of election to be exempt must provide that the sole proprietor,
706	partner, orofficer electing an exemption is not entitled to
707	benefits under this chapter, must provide that the election does
708	not exceed exemption limits for officers and partnerships
709	provided in s. 440.02, and must certify that any employees of
710	the corporation whosesole proprietor, partner, or officer
711	electselectingan exemption are covered by workers'
712	compensation insurance. Upon receipt of the notice of the
713	election to be exempt, receipt of all application fees, and a
714	determination by the department that the notice meets the
715	requirements of this subsection, the department shall issue a
716	certification of the election to the sole proprietor, partner,
717	orofficer, unless the department determines that the
718	information contained in the notice is invalid. The department
719	shall revoke a certificate of election to be exempt from
720	coverage upon a determination by the department that the person
721	does not meet the requirements for exemption or that the
722	information contained in the notice of election to be exempt is
723	invalid. The certificate of election must list the namenamesof
724	the sole proprietorship, partnership, orcorporation listed in
725	the request for exemption. A new certificate of election must be
726	obtained each time the person is employed by a new sole
727	proprietorship, partnership, or differentcorporation that is
728	not listed on the certificate of election. A copy of the
729	certificate of election must be sent to each workers'
730	compensation carrier identified in the request for exemption.
731	Upon filing a notice of revocation of election, ana sole
732	proprietor, partner, or officer who is a subcontractor or an
733	officer of a corporate subcontractormust notify her or his
734	contractor. Upon revocation of a certificate of election of
735	exemption by the department, the department shall notify the
736	workers' compensation carriers identified in the request for
737	exemption.
738	(4) The notice of election to be exempt from the
739	provisions of this chapter must contain a notice that clearly
740	states in substance the following: "Any person who, knowingly
741	and with intent to injure, defraud, or deceive the department or
742	any employer or employee, insurance company, or any other person
743	purposes program, files a notice of election to be exempt
744	containing any false or misleading information is guilty of a
745	felony of the third degree." Each person filing a notice of
746	election to be exempt shall personally sign the notice and
747	attest that he or she has reviewed, understands, and
748	acknowledges the foregoing notice.
749	(6) A construction industry certificate of election to be
750	exempt which is issued in accordance with this section shall be
751	valid for 2 years after the effective date stated thereon. Both
752	the effective date and the expiration date must be listed on the
753	face of the certificate by the department. The construction
754	industry certificate must expire at midnight, 2 years from its
755	issue date, as noted on the face of the exemption certificate.
756	Any person who has received from the division a construction
757	industry certificate of election to be exempt which is in effect
758	on December 31, 1998, shall file a new notice of election to be
759	exempt by the last day in his or her birth month following
760	December 1, 1998. A construction industry certificate of
761	election to be exempt may be revoked before its expiration by
762	the sole proprietor, partner, orofficer for whom it was issued
763	or by the department for the reasons stated in this section. At
764	least 60 days prior to the expiration date of a construction
765	industry certificate of exemption issued after December 1, 1998,
766	the department shall send notice of the expiration date and an
767	application for renewal to the certificateholder at the address
768	on the certificate.
769	(10) Each sole proprietor, partner, orofficer of a
770	corporation who is actively engaged in the construction industry
771	and who elects an exemption from this chapter shall maintain
772	business records as specified by the division by rule, which
773	rules must include the provision that any corporation with
774	exempt officers and any partnership activelyengaged in the
775	construction industry with exempt partnersmust maintain written
776	statements of those exempted persons affirmatively acknowledging
777	each such individual's exempt status.
778	(11) Any sole proprietor or partner actively engaged in
779	the construction industry claiming an exemption under this
780	section shall maintain a copy of his or her federal income tax
781	records for each of the immediately previous 3 years in which he
782	or she claims an exemption. Such federal income tax records must
783	include a complete copy of the following for each year in which
784	an exemption is claimed:
785	(a) For sole proprietors, a copy of Federal Income Tax
786	Form 1040 and its accompanying Schedule C;
787	(b) For partners, a copy of the partner's Federal Income
788	Tax Schedule K-1 (Form 1065) and Federal Income Tax Form 1040
789	and its accompanying Schedule E.
790
791	A sole proprietor or partner shall produce, upon request by the
792	division, a copy of those documents together with a statement by
793	the sole proprietor or partner that the tax records provided are
794	true and accurate copies of what the sole proprietor or partner
795	has filed with the federal Internal Revenue Service. The
796	statement must be signed under oath by the sole proprietor or
797	partner and must be notarized. The division shall issue a stop-
798	work order under s. 440.107(5) to any sole proprietor or partner
799	who fails or refuses to produce a copy of the tax records and
800	affidavit required under this paragraph to the division within 3
801	business days after the request is made.
802	(12) For those sole proprietors or partners that have not
803	been in business long enough to provide the information required
804	of an established business, the division shall require such sole
805	proprietor or partner to provide copies of the most recently
806	filed Federal Income Tax Form 1040. The division shall establish
807	by rule such other criteria to show that the sole proprietor or
808	partner intends to engage in a legitimate enterprise within the
809	construction industry and is not otherwiseattempting to evade
810	the requirements of this section. The division shall establish
811	by rule the form and format of financial information required to
812	be submitted by such employers.
813	(11)(13) Any corporate officer permitted by this chapter
814	to claimclaiming an exemption under this sectionmust be listed
815	on the records of this state's Secretary of State, Division of
816	Corporations, as a corporate officer. If the person who claims
817	an exemption as a corporate officer is not so listed on the
818	records of the Secretary of State, the individual must provide
819	to the division, upon request by the division, a notarized
820	affidavit stating that the individual is a bona fide officer of
821	the corporation and stating the date his or her appointment or
822	election as a corporate officer became or will become effective.
823	The statement must be signed under oath by both the officer and
824	the president or chief operating officer of the corporation and
825	must be notarized.The division shall issue a stop-work order
826	under s. 440.107(1) to any corporation who employs a person who
827	claims to be exempt as a corporate officer but who fails or
828	refuses to produce the documents required under this subsection
829	to the division within 3 business days after the request is
830	made.
831	(12) Certificates of election to be exempt issued under
832	subsection (3) shall apply only to the corporate officer named
833	on the notice of election to be exempt and apply only within the
834	scope of the business or trade listed on the notice of election
835	to be exempt.
836	(13) Notices of election to be exempt and certificates of
837	election to be exempt shall be subject to revocation if, at any
838	time after the filing of the notice or the issuance of the
839	certificate, the person named on the notice or certificate no
840	longer meets the requirements of this section for issuance of a
841	certificate. The department shall revoke a certificate at any
842	time for failure of the person named on the certificate to meet
843	the requirements of this section.
844	(14) An officer of a corporation who elects exemption from
845	this chapter by filing a certificate of election under this
846	section may not recover benefits or compensation under this
847	chapter. For purposes of determining the appropriate premium for
848	workers' compensation coverage, carriers may not consider any
849	officer of a corporation who validly meets the requirements of
850	this section to be an employee.
851	Section 4. Section 440.06, Florida Statutes, is amended to
852	read:
853	440.06 Failure to secure compensation; effect.--Every
854	employer who fails to secure the payment of compensation, as
855	provided in s. 440.10, by failing to meet the requirements of
856	under this chapter as provided ins. 440.38 may not, in any suit
857	brought against him or her by an employee subject to this
858	chapter to recover damages for injury or death, defend such a
859	suit on the grounds that the injury was caused by the negligence
860	of a fellow servant, that the employee assumed the risk of his
861	or her employment, or that the injury was due to the comparative
862	negligence of the employee.
863	Section 5. Effective January 1, 2004, section 440.077,
864	Florida Statutes, is amended to read:
865	440.077 When a corporatesole proprietor, partner, or
866	officer rejects chapter, effect.--AnA sole proprietor, partner,
867	or officer of a corporation who is permitted to elect an
868	exemption under this chapteractively engaged in the
869	construction industryand who elects to be exempt from the
870	provisions of this chapter may not recover benefits under this
871	chapter.
872	Section 6. Subsections (1) and (4) of section 440.09,
873	Florida Statutes, are amended and paragraph (e) is added to
874	subsection (7) of said section, to read:
875	440.09 Coverage.--
876	(1) The employer mustshallpay compensation or furnish
877	benefits required by this chapter if the employee suffers an
878	accidental compensableinjury or death arising out of work
879	performed in the course and the scope of employment. The injury,
880	its occupational cause, and any resulting manifestations or
881	disability mustshallbe established to a reasonable degree of
882	medical certainty, based onand by objective relevantmedical
883	findings, and the accidental compensable injury must be the
884	major contributing cause of any resulting injuries. For purposes
885	of this section, “major contributing cause” means the cause
886	which is more than 50 percent responsible for the injury as
887	compared to all other causes combined for which treatment or
888	benefits are sought. In cases involving occupational disease or
889	repetitive exposure, both causation and sufficient exposure to
890	support causation must be proven by clear and convincing
891	evidence. Pain or other subjective complaints alone, in the
892	absence of objective relevant medical findings, are not
893	compensable. For purposes of this section, “objective relevant
894	medical findings” are those objective findings that correlate to
895	the subjective complaints of the injured employee and are
896	confirmed by physical examination findings or diagnostic
897	testing. Establishment of the causal relationship between a
898	compensable accident and injuries for conditions that are not
899	readily observable must be by medical evidence only, as
900	demonstrated by physical examination findings or diagnostic
901	testing. Major contributing cause must be demonstrated by
902	medical evidence only. Mental or nervous injuries occurring as a
903	manifestation of an injury compensable under this section shall
904	be demonstrated by clear and convincing evidence.
905	(a) This chapter does not require any compensation or
906	benefits for any subsequent injury the employee suffers as a
907	result of an original injury arising out of and in the course of
908	employment unless the original injury is the major contributing
909	cause of the subsequent injury. Major contributing cause must be
910	demonstrated by medical evidence only.
911	(b) If an injury arising out of and in the course of
912	employment combines with a preexisting disease or condition to
913	cause or prolong disability or need for treatment, the employer
914	must pay compensation or benefits required by this chapter only
915	to the extent that the injury arising out of and in the course
916	of employment is and remains more than 50 percent responsible
917	for the injury as compared to all other causes combined and
918	thereafter remainsthe major contributing cause of the
919	disability or need for treatment. Major contributing cause must
920	be demonstrated by medical evidence only.
921	(c) Death resulting from an operation by a surgeon
922	furnished by the employer for the cure of hernia as required in
923	s. %_%0%_%[F.S. 1981]shall for the purpose of this chapter be
924	considered to be a death resulting from the accident causing the
925	hernia.
926	(d) If an accident happens while the employee is employed
927	elsewhere than in this state, which would entitle the employee
928	or his or her dependents to compensation if it had happened in
929	this state, the employee or his or her dependents are entitled
930	to compensation if the contract of employment was made in this
931	state, or the employment was principally localized in this
932	state. However, if an employee receives compensation or damages
933	under the laws of any other state, the total compensation for
934	the injury may not be greater than is provided in this chapter.
935	(4)(a)An employee shall not be entitled to compensation or
936	benefits under this chapter if any judge of compensation claims,
937	administrative law judge, court, or jury convened in this state
938	determines that the employee has knowingly or intentionally
939	engaged in any of the acts described in s. 440.105 or any
940	criminal actfor the purpose of securing workers' compensation
941	benefits. For purposes of this section, the term “intentional”
942	shall include, but is not limited to, pleas of guilty or nolo
943	contendere in criminal matters. This section shall apply to
944	accidents, regardless of the date of the accident. For injuries
945	occurring prior to January 1, 1994, this section shall pertain
946	to the acts of the employee described in s. 440.105 or criminal
947	activities occurring subsequent to January 1, 1994.
948	(b) A judge of compensation claims, administrative law
949	judge, or court of this state shall take judicial notice of a
950	finding of insurance fraud by a court of competent jurisdiction
951	and terminate or otherwise disallow benefits.
952	(c) Upon the denial of benefits in accordance with this
953	section, a judge of compensation claims shall have the
954	jurisdiction to order any benefits payable to the employee to be
955	paid into the court registry or an escrow account during the
956	pendency of an appeal or until such time as the time in which to
957	file an appeal has expired.
958	(7)
959	(e) As a part of rebutting any presumptions under
960	paragraph (b), the injured worker must prove the actual
961	quantitative amounts of the drug or its metabolites as measured
962	on the initial and confirmation post-accident drug tests of the
963	injured worker’s urine sample and provide additional evidence
964	regarding the absence of drug influence other than the worker’s
965	denial of being under the influence of a drug. No drug test
966	conducted on a urine sample shall be rejected as to its results
967	or the presumption imposed under paragraph (b) on the basis of
968	the urine being bodily fluid tested.
969	Section 7. Section 440.093, Florida Statutes, is created
970	to read:
971	440.093 Mental and nervous injuries.--
972	(1) A mental or nervous injury due to stress, fright, or
973	excitement only is not an injury by accident arising out of the
974	employment. Nothing in this section shall be construed to allow
975	for the payment of benefits under this chapter for mental or
976	nervous injuries without an accompanying physical injury
977	requiring medical treatment. A physical injury resulting from
978	mental or nervous injuries unaccompanied by physical trauma
979	requiring medical treatment shall not be compensable under this
980	chapter.
981	(2) Mental or nervous injuries occurring as a
982	manifestation of an injury compensable under this chapter shall
983	be demonstrated by clear and convincing medical evidence by a
984	licensed psychiatrist meeting criteria established in the most
985	recent edition of the diagnostic and statistical manual of
986	mental disorders published by the American Psychiatric
987	Association. The compensable physical injury must be and remain
988	the major contributing cause of the mental or nervous condition
989	and the compensable physical injury as determined by reasonable
990	medical certainty must be at least 50 percent responsible for
991	the mental or nervous condition as compared to all other
992	contributing causes combined. Compensation is not payable for
993	the mental, psychological, or emotional injury arising out of
994	depression from being out of work or losing employment
995	opportunities, resulting from a preexisting mental,
996	psychological, or emotional condition or due to pain or other
997	subjective complaints that cannot be substantiated by objective,
998	relevant medical findings.
999	(3) Subject to the payment of permanent benefits under s.
1000	440.15, in no event shall benefits for a compensable mental or
1001	nervous injury be paid for more than 3 months after the date of
1002	maximum medical improvement for the injured employee’s physical
1003	injury or injuries, which shall be included in the period of 104
1004	weeks as provided in s. 440.15(2) and (4). Mental or nervous
1005	injuries are compensable only in accordance with the terms of
1006	this section.
1007	Section 8. Effective January 1, 2004, subsection (1) of
1008	section 440.10, Florida Statutes, is amended to read:
1009	440.10 Liability for compensation.--
1010	(1)(a) Every employer coming within the provisions of this
1011	chapter, including any brought within the chapter by waiver of
1012	exclusion or of exemption,shall be liable for, and shall
1013	secure, the payment to his or her employees, or any physician,
1014	surgeon, or pharmacist providing services under the provisions
1015	of s. 440.13, of the compensation payable under ss. 440.13,
1016	440.15, and 440.16. Any contractor or subcontractor who engages
1017	in any public or private construction in the state shall secure
1018	and maintain compensation for his or her employees under this
1019	chapter as provided in s. 440.38.
1020	(b) In case a contractor sublets any part or parts of his
1021	or her contract work to a subcontractor or subcontractors, all
1022	of the employees of such contractor and subcontractor or
1023	subcontractors engaged on such contract work shall be deemed to
1024	be employed in one and the same business or establishment,;and
1025	the contractor shall be liable for, and shall secure, the
1026	payment of compensation to all such employees, except to
1027	employees of a subcontractor who has secured such payment.
1028	(c) A contractor shallmayrequire a subcontractor to
1029	provide evidence of workers' compensation insurance or a copy of
1030	his or her certificate of election. A subcontractor who is a
1031	corporation and has an officer who electselectingto be exempt
1032	as permitted under this chaptera sole proprietor, partner, or
1033	officer of a corporationshall provide a copy of his or her
1034	certificate of exemptionelectionto the contractor.
1035	(d)1. If a contractor becomes liable for the payment of
1036	compensation to the employees of a subcontractor who has failed
1037	to secure such payment in violation of s. 440.38, the contractor
1038	or other third-party payor shall be entitled to recover from the
1039	subcontractor all benefits paid or payable plus interest unless
1040	the contractor and subcontractor have agreed in writing that the
1041	contractor will provide coverage.
1042	2. If a contractor or third-party payor becomes liable for
1043	the payment of compensation to the corporate officeremployeeof
1044	a subcontractor who is activelyengaged in the construction
1045	industry and has elected to be exempt from the provisions of
1046	this chapter, but whose election is invalid, the contractor or
1047	third-party payor may recover from the claimant, partnership,or
1048	corporation all benefits paid or payable plus interest, unless
1049	the contractor and the subcontractor have agreed in writing that
1050	the contractor will provide coverage.
1051	(e) A subcontractor providing services in conjunction with
1052	a contractor on the same project or contract workis not liable
1053	for the payment of compensation to the employees of another
1054	subcontractor or the contractor on such contract work and is not
1055	protected by the exclusiveness-of-liability provisions of s.
1056	440.11 from anyaction at law or in admiralty on account of
1057	injury to anof such employee of another subcontractor, or of
1058	the contractor, provided that:
1059	1. The subcontractor has secured workers’ compensation
1060	insurance for its employees or the contractor has secured such
1061	insurance on behalf of the subcontractor and its employees in
1062	accordance with paragraph (b); and
1063	2. The subcontractor’s own gross negligence was not the
1064	major contributing cause of the injury.
1065	(f) If an employer fails to secure compensation as
1066	required by this chapter, the department shallmayassess
1067	against the employer a penalty not to exceed $5,000 for each
1068	employee of that employer who is classified by the employer as
1069	an independent contractor but who is found by the department to
1070	not meet the criteria for an independent contractor that are set
1071	forth in s. 440.02. The division shall adopt rules to administer
1072	the provisions of this paragraph.
1073	(g) Subject to s. 440.38, any employer who has employees
1074	engaged in work in this state shall obtain a Florida policy or
1075	endorsement for such employees which utilizes Florida class
1076	codes, rates, rules, and manuals that are in compliance with and
1077	approved under the provisions of this chapter and the Florida
1078	Insurance Code. Failure to comply with this paragraph is a
1079	felony of the second degree, punishable as provided in s.
1080	775.082, s. 775.083, or s. 775.084. The department shall adopt
1081	rules for construction industry and nonconstruction-industry
1082	employers with regard to the activities that define what
1083	constitutes being “engaged in work” in this state, using the
1084	following standards:
1085	1. For employees of nonconstruction-industry employers who
1086	have their headquarters outside of Florida and also operate in
1087	Florida and who are routinely crossing state lines, but usually
1088	return to their homes each night, the employee shall be assigned
1089	to the headquarters’ state. However, the construction industry
1090	employees performing new construction or alterations in Florida
1091	shall be assigned to Florida even if the employees return to
1092	their home state each night.
1093	2. The payroll of executive supervisors who may visit a
1094	Florida location but who are not in direct charge of a Florida
1095	location shall be assigned to the state in which the
1096	headquarters is located.
1097	3. For construction contractors who maintain a permanent
1098	staff of employees and superintendents, if any of these
1099	employees or superintendents are assigned to a job that is
1100	located in Florida, either for the duration of the job or any
1101	portion thereof, their payroll shall be assigned to Florida
1102	rather than headquarters’ state.
1103	4. Employees who are hired for a specific project in
1104	Florida shall be assigned to Florida.For purposes of this
1105	section, a person is conclusively presumed to be an independent
1106	contractor if:
1107	1. The independent contractor provides the general
1108	contractor with an affidavit stating that he or she meets all
1109	the requirements of s. 440.02; and
1110	2. The independent contractor provides the general
1111	contractor with a valid certificate of workers' compensation
1112	insurance or a valid certificate of exemption issued by the
1113	department.
1114
1115	A sole proprietor, partner, or officer of a corporation who
1116	elects exemption from this chapter by filing a certificate of
1117	election under s. 440.05 may not recover benefits or
1118	compensation under this chapter. An independent contractor who
1119	provides the general contractor with both an affidavit stating
1120	that he or she meets the requirements of s. 440.02 and a
1121	certificate of exemption is not an employee under s. 440.02 and
1122	may not recover benefits under this chapter. For purposes of
1123	determining the appropriate premium for workers' compensation
1124	coverage, carriers may not consider any person who meets the
1125	requirements of this paragraph to be an employee.
1126	Section 9. Section 440.1025, Florida Statutes, is amended
1127	to read:
1128	440.1025 Consideration of publicEmployer workplace safety
1129	program in rate-setting; program requirements; rulemaking.—
1130	(1) For a public or privateemployer to be eligible for
1131	receipt of specific identifiable consideration under s. 627.0915
1132	for a workplace safety program in the setting of rates, the
1133	publicemployer must have a workplace safety program. At a
1134	minimum, the program must include a written safety policy and
1135	safety rules, and make provision for safety inspections,
1136	preventative maintenance, safety training, first-aid, accident
1137	investigation, and necessary recordkeeping. For purposes of this
1138	section, "public employer" means any agency within state,
1139	county, or municipal government employing individuals for
1140	salary, wages, or other remuneration. The division may adopt
1141	promulgate rules for insurers to utilize in determining public
1142	employer compliance with the requirements of this section.
1143	(2) The division shall publicize on the Internet, and
1144	shall encourage insurers to publicize, the availability of free
1145	safety consultation services and safety program resources.
1146	Section 10. Section 440.103, Florida Statutes, is amended
1147	to read:
1148	440.103 Building permits; identification of minimum
1149	premium policy.--Except as otherwise provided in this chapter,
1150	Every employer shall, as a condition to applying for and
1151	receiving a building permit, show proof and certify to the
1152	permit issuerthat it has secured compensation for its employees
1153	under this chapter as provided in ss. 440.10 and 440.38. Such
1154	proof of compensation must be evidenced by a certificate of
1155	coverage issued by the carrier, a valid exemption certificate
1156	approved by the department or the former Division of Workers'
1157	Compensation of the Department of Labor and Employment Security,
1158	or a copy of the employer's authority to self-insure and shall
1159	be presented each time the employer applies for a building
1160	permit. As provided in s. 627.413(5), each certificate of
1161	coverage must show, on its face, whether or not coverage is
1162	secured under the minimum premium provisions of rules adopted by
1163	rating organizations licensed by the department. The words
1164	"minimum premium policy" or equivalent language shall be typed,
1165	printed, stamped, or legibly handwritten.
1166	Section 11. Section 440.105, Florida Statutes, is amended
1167	to read:
1168	440.105 Prohibited activities; reports; penalties;
1169	limitations.--
1170	(1)(a) Any insurance carrier, any individual self-insured,
1171	any commercial or group self-insurance fund, any professional
1172	practitioner licensed or regulated by the Department of Health
1173	Business and Professional Regulation, except as otherwise
1174	provided by law, any medical review committee as defined in s.
1175	766.101, any private medical review committee, and any insurer,
1176	agent, or other person licensed under the insurance code, or any
1177	employee thereof, having knowledge or who believes that a
1178	fraudulent act or any other act or practice which, upon
1179	conviction, constitutes a felony or misdemeanor under this
1180	chapter is being or has been committed shall send to the
1181	Division of Insurance Fraud, Bureau of Workers' Compensation
1182	Fraud, a report or information pertinent to such knowledge or
1183	belief and such additional information relative thereto as the
1184	bureau may require. The bureau shall review such information or
1185	reports and select such information or reports as, in its
1186	judgment, may require further investigation. It shall then cause
1187	an independent examination of the facts surrounding such
1188	information or report to be made to determine the extent, if
1189	any, to which a fraudulent act or any other act or practice
1190	which, upon conviction, constitutes a felony or a misdemeanor
1191	under this chapter is being committed. The bureau shall report
1192	any alleged violations of law which its investigations disclose
1193	to the appropriate licensing agency and state attorney or other
1194	prosecuting agency having jurisdiction with respect to any such
1195	violations of this chapter. If prosecution by the state attorney
1196	or other prosecuting agency having jurisdiction with respect to
1197	such violation is not begun within 60 days of the bureau's
1198	report, the state attorney or other prosecuting agency having
1199	jurisdiction with respect to such violation shall inform the
1200	bureau of the reasons for the lack of prosecution.
1201	(b) In the absence of fraud or bad faith, a person is not
1202	subject to civil liability for libel, slander, or any other
1203	relevant tort by virtue of filing reports, without malice, or
1204	furnishing other information, without malice, required by this
1205	section or required by the bureau, and no civil cause of action
1206	of any nature shall arise against such person:
1207	1. For any information relating to suspected fraudulent
1208	acts furnished to or received from law enforcement officials,
1209	their agents, or employees;
1210	2. For any information relating to suspected fraudulent
1211	acts furnished to or received from other persons subject to the
1212	provisions of this chapter; or
1213	3. For any such information relating to suspected
1214	fraudulent acts furnished in reports to the bureau, or the
1215	National Association of Insurance Commissioners.
1216	(2) Whoever violates any provision of this subsection
1217	commits a misdemeanor of the firstseconddegree, punishable as
1218	provided in s. 775.082 or s. 775.083.
1219	(a) It shall be unlawful for any employer to knowingly:
1220	1. Coerce or attempt to coerce, as a precondition to
1221	employment or otherwise, an employee to obtain a certificate of
1222	election of exemption pursuant to s. 440.05.
1223	2. Discharge or refuse to hire an employee or job
1224	applicant because the employee or applicant has filed a claim
1225	for benefits under this chapter.
1226	3. Discharge, discipline, or take any other adverse
1227	personnel action against any employee for disclosing information
1228	to the department or any law enforcement agency relating to any
1229	violation or suspected violation of any of the provisions of
1230	this chapter or rules promulgated hereunder.
1231	4. Violate a stop-work order issued by the department
1232	pursuant to s. 440.107.
1233	(b) It shall be unlawful for any insurance entity to
1234	revoke or cancel a workers' compensation insurance policy or
1235	membership because an employer has returned an employee to work
1236	or hired an employee who has filed a workers' compensation
1237	claim.
1238	(3) Whoever violates any provision of this subsection
1239	commits a misdemeanor of the first degree, punishable as
1240	provided in s. 775.082 or s. 775.083.
1241	(a) It shall be unlawful for any employer to knowingly
1242	fail to update applications for coverage as required by s.
1243	440.381(1) and department of Insurance rules within 7 days after
1244	the reporting date for any change in the required information,
1245	or to post notice of coverage pursuant to s. 440.40.
1246	(b) It is unlawful for any attorney or other person, in
1247	his or her individual capacity or in his or her capacity as a
1248	public or private employee, or for any firm, corporation,
1249	partnership, or association to receive any fee or other
1250	consideration or any gratuity from a person on account of
1251	services rendered for a person in connection with any
1252	proceedings arising under this chapter, unless such fee,
1253	consideration, or gratuity is approved by a judge of
1254	compensation claims or by the Deputy Chief Judge of Compensation
1255	Claims.
1256	(4) Whoever violates any provision of this subsection
1257	commits insurance fraud, punishable as provided in paragraph
1258	(f).
1259	(a) It shall be unlawful for any employer to knowingly:
1260	1. Present or cause to be presented any false, fraudulent,
1261	or misleading oral or written statement to any person as
1262	evidence of compliance with s. 440.38.
1263	2. Make a deduction from the pay of any employee entitled
1264	to the benefits of this chapter for the purpose of requiring the
1265	employee to pay any portion of premium paid by the employer to a
1266	carrier or to contribute to a benefit fund or department
1267	maintained by such employer for the purpose of providing
1268	compensation or medical services and supplies as required by
1269	this chapter.
1270	3. Fail to secure payment of compensation if required to
1271	do so by this chapter.
1272	(b) It shall be unlawful for any person:
1273	1. To knowingly make, or cause to be made, any false,
1274	fraudulent, or misleading oral or written statement for the
1275	purpose of obtaining or denying any benefit or payment under
1276	this chapter.
1277	2. To present or cause to be presented any written or oral
1278	statement as part of, or in support of, a claim for payment or
1279	other benefit pursuant to any provision of this chapter, knowing
1280	that such statement contains any false, incomplete, or
1281	misleading information concerning any fact or thing material to
1282	such claim.
1283	3. To prepare or cause to be prepared any written or oral
1284	statement that is intended to be presented to any employer,
1285	insurance company, or self-insured program in connection with,
1286	or in support of, any claim for payment or other benefit
1287	pursuant to any provision of this chapter, knowing that such
1288	statement contains any false, incomplete, or misleading
1289	information concerning any fact or thing material to such claim.
1290	4. To knowingly assist, conspire with, or urge any person
1291	to engage in activity prohibited by this section.
1292	5. To knowingly make any false, fraudulent, or misleading
1293	oral or written statement, or to knowingly omit or conceal
1294	material information, required by s. 440.185 or s. 440.381, for
1295	the purpose of obtaining workers' compensation coverage or for
1296	the purpose of avoiding, delaying, or diminishing the amount of
1297	payment of any workers' compensation premiums.
1298	6. To knowingly misrepresent or conceal payroll,
1299	classification of workers, or information regarding an
1300	employer's loss history which would be material to the
1301	computation and application of an experience rating modification
1302	factor for the purpose of avoiding or diminishing the amount of
1303	payment of any workers' compensation premiums.
1304	7. To knowingly present or cause to be presented any
1305	false, fraudulent, or misleading oral or written statement to
1306	any person as evidence of compliance with s. 440.38, as evidence
1307	of eligibility for a certificate of exemption under s. 440.05.
1308	8. To knowingly violate a stop-work order issued by the
1309	department pursuant to s. 440.107.
1310	9. To knowingly present or cause to be presented any
1311	false, fraudulent, or misleading oral or written statement to
1312	any person as evidence of identity for the purpose of obtaining
1313	employment or filing or supporting a claim for workers’
1314	compensation benefits.
1315	(c) It shall be unlawful for any physician licensed under
1316	chapter 458, osteopathic physician licensed under chapter 459,
1317	chiropractic physician licensed under chapter 460, podiatric
1318	physician licensed under chapter 461, optometric physician
1319	licensed under chapter 463, or any other practitioner licensed
1320	under the laws of this state to knowingly and willfully assist,
1321	conspire with, or urge any person to fraudulently violate any of
1322	the provisions of this chapter.
1323	(d) It shall be unlawful for any person or governmental
1324	entity licensed under chapter 395 to maintain or operate a
1325	hospital in such a manner so that such person or governmental
1326	entity knowingly and willfully allows the use of the facilities
1327	of such hospital by any person, in a scheme or conspiracy to
1328	fraudulently violate any of the provisions of this chapter.
1329	(e) It shall be unlawful for any attorney or other person,
1330	in his or her individual capacity or in his or her capacity as a
1331	public or private employee, or any firm, corporation,
1332	partnership, or association, to knowingly assist, conspire with,
1333	or urge any person to fraudulently violate any of the provisions
1334	of this chapter.
1335	(f) If the monetary value amount of any claim or workers'
1336	compensation insurance premium involved in anyviolation of this
1337	subsection:
1338	1. Is less than $20,000, the offender commits a felony of
1339	the third degree, punishable as provided in s. 775.082, s.
1340	775.083, or s. 775.084.
1341	2. Is $20,000 or more, but less than $100,000, the
1342	offender commits a felony of the second degree, punishable as
1343	provided in s. 775.082,. 775.083, or s. 775.084.
1344	3. Is $100,000 or more, the offender commits a felony of
1345	the first degree, punishable as provided in s. 775.082, s.
1346	775.083, or s. 775.084.
1347	(5) It shall be unlawful for any attorney or other person,
1348	in his or her individual capacity or in his or her capacity as a
1349	public or private employee or for any firm, corporation,
1350	partnership, or association, to unlawfully solicit any business
1351	in and about city or county hospitals, courts, or any public
1352	institution or public place; in and about private hospitals or
1353	sanitariums; in and about any private institution; or upon
1354	private property of any character whatsoever for the purpose of
1355	making workers' compensation claims. Whoever violates any
1356	provision of this subsection commits a felony of the second
1357	thirddegree, punishable as provided in s. 775.082, s. 775.083,
1358	or s. 775.085.
1359	(6) This section shall not be construed to preclude the
1360	applicability of any other provision of criminal law that
1361	applies or may apply to any transaction.
1362	(7) For the purpose of the section, the term "statement"
1363	includes, but is not limited to, any notice, representation,
1364	statement, proof of injury, bill for services, diagnosis,
1365	prescription, hospital or doctor records, X ray, test result, or
1366	other evidence of loss, injury, or expense.
1367	(7)(8)An injured employee or any other party making a
1368	claim under this chapter shall provide his or her personal
1369	signature attesting that he or she has reviewed, understands,
1370	and acknowledgesAll claim forms as provided for in this chapter
1371	shall contain a notice that clearly states in substancethe
1372	following statement: "Any person who, knowingly and with intent
1373	to injure, defraud, or deceive any employer or employee,
1374	insurance company, or self-insured program, files a statement of
1375	claim containing any false or misleading information commits
1376	insurance fraud, punishable as provided in s. 817.234." If the
1377	injured employee or other party refuses to sign the document
1378	attestingEach claimant shall personally sign the claim form and
1379	attestthat he or she has reviewed, understands, and
1380	acknowledges the statement, benefits or payments under this
1381	chapter shall be suspended until such signature is obtained
1382	foregoing notice.
1383	Section 12. Subsection (3) of section 440.1051, Florida
1384	Statutes, is amended to read:
1385	440.1051 Fraud reports; civil immunity; criminal
1386	penalties.--
1387	(2) Any person who reports workers' compensation fraud to
1388	the division under subsection (1) is immune from civil liability
1389	for doing so, and the person or entity alleged to have committed
1390	the fraud may not retaliate against him or her for providing
1391	such report, unless the person making the report knows it to be
1392	false.
1393	(3) A person who calls and, knowingly and falsely, reports
1394	workers' compensation fraud or who, in violation of subsection
1395	(2) retaliates against a person for making such report, commits
1396	is guilty of a felonymisdemeanor of the thirdfirstdegree,
1397	punishable as provided in s. 775.082,or s. 775.083, or s.
1398	775.084both.
1399	Section 13. Section 440.107, Florida Statutes, is amended
1400	to read:
1401	440.107 Department powers to enforce employer compliance
1402	with coverage requirements.--
1403	(1) The Legislature finds that the failure of an employer
1404	to comply with the workers' compensation coverage requirements
1405	under this chapter poses an immediate danger to public health,
1406	safety, and welfare. The Legislature authorizes the department
1407	to secure employer compliance with the workers' compensation
1408	coverage requirements and authorizes the department to conduct
1409	investigations for the purpose of ensuring employer compliance.
1410	(2) For the purposes of this section, “securing the
1411	payment of workers’ compensation” means obtaining coverage that
1412	meets the requirements of this chapter and the Florida Insurance
1413	Code. However, if at any time an employer materially understates
1414	or conceals payroll, materially misrepresents or conceals
1415	employee duties so as to avoid proper classification for premium
1416	calculations, or materially misrepresents or conceals
1417	information pertinent to the computation and application of an
1418	experience rating modification factor, such employer shall be
1419	deemed to have failed to secure payment of workers’ compensation
1420	and shall be subject to the sanctions set forth in this section.
1421	A stop-work order issued because an employer is deemed to have
1422	failed to secure the payment of workers’ compensation required
1423	under this chapter because the employer has materially
1424	understated or concealed payroll, materially misrepresented or
1425	concealed employee duties so as to avoid proper classification
1426	for premium calculations, or materially misrepresented or
1427	concealed information pertinent to the computation and
1428	application of an experience rating modification factor shall
1429	have no effect upon an employer’s or carrier’s duty to provide
1430	benefits under this chapter or upon any of the employer’s or
1431	carrier’s rights and defenses under this chapter, including
1432	exclusive remedy.The department and its authorized
1433	representatives may enter and inspect any place of business at
1434	any reasonable time for the limited purpose of investigating
1435	compliance with workers' compensation coverage requirements
1436	under this chapter. Each employer shall keep true and accurate
1437	business records that contain such information as the department
1438	prescribes by rule. The business records must contain
1439	information necessary for the department to determine compliance
1440	with workers' compensation coverage requirements and must be
1441	maintained within this state by the business, in such a manner
1442	as to be accessible within a reasonable time upon request by the
1443	department. The business records must be open to inspection and
1444	be available for copying by the department at any reasonable
1445	time and place and as often as necessary. The department may
1446	require from any employer any sworn or unsworn reports,
1447	pertaining to persons employed by that employer, deemed
1448	necessary for the effective administration of the workers'
1449	compensation coverage requirements.
1450	(3) The department shall enforce workers’ compensation
1451	coverage requirements, including the requirement that the
1452	employer secure the payment of workers’ compensation, and the
1453	requirement that the employer provide the carrier with
1454	information to accurately determine payroll and correctly assign
1455	classification codes. In addition to any other powers under this
1456	chapter, the department shall have the power to:
1457	(a) Conduct investigations for the purpose of ensuring
1458	employer compliance.
1459	(b) Enter and inspect any place of business at any
1460	reasonable time for the purpose of investigating employer
1461	compliance.
1462	(c) Examine and copy business records.
1463	(d) Administer oaths and affirmations.
1464	(e) Certify to official acts.
1465	(f) Issue and serve subpoenas for attendance of witnesses
1466	or production of business records, books, papers,
1467	correspondence, memoranda, and other records.
1468	(g) Issue stop-work orders, penalty assessment orders, and
1469	any other orders necessary for the administration of this
1470	section.
1471	(h) Enforce the terms of a stop-work order.
1472	(i) Levy and pursue actions to recover penalties.
1473	(j) Seek injunctions and other appropriate relief.In
1474	discharging its duties, the department may administer oaths and
1475	affirmations, certify to official acts, issue subpoenas to
1476	compel the attendance of witnesses and the production of books,
1477	papers, correspondence, memoranda, and other records deemed
1478	necessary by the department as evidence in order to ensure
1479	proper with the coverage provisions of this chapter.
1480	(4) The department shall designate representatives who may
1481	serve subpoenas and other process of the department issued under
1482	this section.
1483	(5) The department shall specify by rule the business
1484	records that employers must maintain and produce to comply with
1485	this section.
1486	(6)(4)If a person has refused to obey a subpoena to
1487	appear before the department or its authorized representative or
1488	andproduce evidence requested by the department or to give
1489	testimony about the matter that is under investigation, a court
1490	has jurisdiction to issue an order requiring compliance with the
1491	subpoena if the court has jurisdiction in the geographical area
1492	where the inquiry is being carried on or in the area where the
1493	person who has refused the subpoena is found, resides, or
1494	transacts business. Failure to obey such a court order may be
1495	punished by the court as contempt, either civilly or criminally.
1496	Costs, including reasonable attorney's fees, incurred by the
1497	department to obtain an order granting, in whole or in part, a
1498	petition to enforce a subpoena or a subpoena duces tecum shall
1499	be taxed against the subpoenaed party.
1500	(7)(a)(5)Whenever the department determines that an
1501	employer who is required to secure the payment to his or her
1502	employees of the compensation provided for by this chapter has
1503	failed to secure the payment of workers’ compensation required
1504	by this chapter or produce the required business records under
1505	subsection (5) within 5 business days after receipt of the
1506	written request of the departmentdo so, such failure shall be
1507	deemed an immediate serious danger to public health, safety, or
1508	welfare sufficient to justify service by the department of a
1509	stop-work order on the employer, requiring the cessation of all
1510	business operations at the place of employment or job site. If
1511	the departmentdivision makes such a determination, the
1512	departmentdivisionshall issue a stop-work order within 72
1513	hours. The order shall take effect when served upon the date of
1514	service upon the employer or, for a particular employer
1515	worksite, when served at that worksite. In addition to serving a
1516	stop-work order, which shall be effective immediately, at a
1517	particular worksite, the department shall immediately proceed
1518	with service upon the employer which shall be effective upon all
1519	employer worksites in the state. A stop-work order may be served
1520	with regard to an employer’s worksite by posting a copy of the
1521	stop-work order in a conspicuous location at such site. The
1522	order shall remain in effect until the department issues an
1523	order releasing the stop-work order upon a finding that the
1524	employer has come into compliance with the coverage requirements
1525	of this chapter and has paid any penalty assessed under this
1526	section. The department may require an employer who is found to
1527	have failed to comply with the coverage requirements of s.
1528	440.38 to file with the department, as a condition of release
1529	from a stop-work order, periodic reports that demonstrate the
1530	employer's continued compliance with this chapter for a
1531	probationary period that shall not exceed 2 years. The
1532	department shall by rule specify the reports required and the
1533	time for filing under this subsectionunless the employer
1534	provides evidence satisfactory to the department of having
1535	secured any necessary insurance or self-insurance and pays a
1536	civil penalty to the department, to be deposited by the
1537	department into the Workers' Compensation Administration Trust
1538	Fund, in the amount of $100 per day for each day the employer
1539	was not in compliance with this chapter.
1540	(b) Stop-work orders and penalty assessment orders issued
1541	under this section against a corporation, partnership, or sole
1542	proprietorship shall be in effect against any successor
1543	corporation or business entity that has one or more of the same
1544	principals or officers as the corporation or partnership against
1545	which the stop-work order was issued and is engaged in the same
1546	or related enterprise.
1547	(c) The department shall assess a penalty of $1,000 per
1548	day against an employer for each day that the employer conducts
1549	business operations that are in violation of a stop-work order.
1550	(d)1. In addition to any penalty, stop-work order, or
1551	injunction, the department shall assess against any employer who
1552	has failed to secure the payment of compensation as required by
1553	this chapter a penalty equal to 1.5 times the amount the
1554	employer would have paid in premium when applying approved
1555	manual rates to the employer’s payroll during periods for which
1556	it failed to secure the payment of workers’ compensation
1557	required by this chapter within the preceding 3-year period or
1558	$1,000, whichever is greater.
1559	2. Any subsequent violation within 5 years after the most
1560	recent violation shall, in addition to the penalties set forth
1561	in this subsection, be deemed a knowing act within the meaning
1562	of s. 440.105.
1563	(e) When an employer fails to provide business records
1564	sufficient to enable the department to determine the employer’s
1565	payroll for the period requested for the calculation of the
1566	penalty provided in paragraph (d), for penalty calculation
1567	purposes, the imputed weekly payroll for each employee,
1568	corporate officer, sole proprietor, or partner shall be the
1569	statewide average weekly wage as defined in s. 440.12(2)
1570	multiplied by 1.5.
1571	(f) In addition to any other penalties provided for in
1572	this chapter, the department may assess against the employer a
1573	penalty of $5,000 for each employee of that employer who the
1574	employer represents to the department or carrier as an
1575	independent contractor but who is determined by the department
1576	not to be an independent contractor as defined in s. 440.02.
1577	(8)(6)In addition to the issuance of a stop-work order
1578	under subsection (7),the department may file a complaint in the
1579	circuit court in and for Leon County to enjoin any employer,who
1580	has failed to secure the payment of workers’ compensation as
1581	required by this chapter,from employing individuals and from
1582	conducting business until the employer presents evidence
1583	satisfactory to the department of having secured the payment of
1584	workers’for compensation required by this chapterand pays a
1585	civil penalty assessed byto the department under this section,
1586	to be deposited by the department into the Workers' Compensation
1587	Administration Trust Fund, in the amount of $100 per day for
1588	each day the employer was not in compliance with this chapter.
1589	(9)(7) In addition to any penalty, stop-work order, or
1590	injunction, the department shall assess against any employer,
1591	who has failed to secure the payment of compensation as required
1592	by this chapter, a penalty in the following amount:
1593	(a) An amount equal to at least the amount that the
1594	employer would have paid or up to twice the amount the employer
1595	would have paid during periods it illegally failed to secure
1596	payment of compensation in the preceding 3-year period based on
1597	the employer's payroll during the preceding 3-year period; or
1598	(b) One thousand dollars, whichever is greater. Any
1599	penalty assessed under this subsection is due within 30 days
1600	after the date on which the employer is notified, except that,
1601	if the department has posted a stop-work order or obtained
1602	injunctive relief against the employer, payment is due, in
1603	addition to those conditions set forth in this section, as a
1604	condition to relief from a stop-work order or an injunction.
1605	Interest shall accrue on amounts not paidwhen due at the rate
1606	of 1 percent per month. The departmentdivisionshall adopt
1607	rules to administer this section.
1608	(10)(8)The department may bring an action in circuit
1609	court to recover penalties assessed under this section,
1610	including any interest owed to the department pursuant to this
1611	section. In any action brought by the department pursuant to
1612	this section in which it prevails, the circuit court shall award
1613	costs, including the reasonable costs of investigation and a
1614	reasonable attorney's fee.
1615	(11)(9)Any judgment obtained by the department and any
1616	penalty due pursuant to the service of a stop-work order or
1617	otherwise due under this section shall, until collected,
1618	constitute a lien upon the entire interest of the employer,
1619	legal or equitable, in any property, real or personal, tangible
1620	or intangible; however, such lien is subordinate to claims for
1621	unpaid wages and any prior recorded liens, and a lien created by
1622	this section is not valid against any person who, subsequent to
1623	such lien and in good faith and for value, purchases real or
1624	personal property from such employer or becomes the mortgagee on
1625	real or personal property of such employer, or against a
1626	subsequent attaching creditor, unless, with respect to real
1627	estate of the employer, a notice of the lien is recorded in the
1628	public records of the county where the real estate is located,
1629	and with respect to personal property of the employer, notice is
1630	recorded with the Secretary of State.
1631	(12)(10)Any law enforcement agency in the state may, at
1632	the request of the department, render any assistance necessary
1633	to carry out the provisions of this section, including, but not
1634	limited to, preventing any employee or other person from
1635	remaining at a place of employment or job site after a stop-work
1636	order or injunction has taken effect.
1637	(13)(11)Agency actionActionsby the department under
1638	this section, if contested,must be contested as provided in
1639	chapter 120. All civilpenalties assessed by the department must
1640	be paid into the Workers' Compensation Administration Trust
1641	Fund. The department shall return any sums previously paid, upon
1642	conclusion of an action, if the department fails to prevail and
1643	if so directed by an order of court or an administrative hearing
1644	officer. The requirements of this subsection may be met by
1645	posting a bond in an amount equal to twice the penalty and in a
1646	form approved by the department.
1647	(14)(12) If the departmentdivisionfinds that an employer
1648	who is certified or registered under part I or part II of
1649	chapter 489 and who is required to secure the payment of
1650	workers’the compensation underprovided for bythis chapter to
1651	his or her employees has failed to do so, the department
1652	divisionshall immediately notify the Department of Business and
1653	Professional Regulation.
1654	Section 14. Subsections (1) and (3) of section 440.11,
1655	Florida Statutes, are amended to read:
1656	440.11 Exclusiveness of liability.--
1657	(1) The liability of an employer prescribed in s. 440.10
1658	shall be exclusive and in place of all other liability,
1659	including vicarious liability,of such employer to any third-
1660	party tortfeasor and to the employee, the legal representative
1661	thereof, husband or wife, parents, dependents, next of kin, and
1662	anyone otherwise entitled to recover damages from such employer
1663	at law or in admiralty on account of such injury or death,
1664	except as follows:that
1665	(a)If an employer fails to secure payment of compensation
1666	as required by this chapter, an injured employee, or the legal
1667	representative thereof in case death results from the injury,
1668	may elect to claim compensation under this chapter or to
1669	maintain an action at law or in admiralty for damages on account
1670	of such injury or death. In such action the defendant may not
1671	plead as a defense that the injury was caused by negligence of a
1672	fellow employee, that the employee assumed the risk of the
1673	employment, or that the injury was due to the comparative
1674	negligence of the employee.
1675	(b) When an employer commits an intentional tort that
1676	causes the injury or death of the employee. For purposes of this
1677	paragraph, an employer’s actions shall be deemed to constitute
1678	an intentional tort and not an accident only when the employee
1679	proves, by clear and convincing evidence, that:
1680	1. The employer deliberately intended to injure the
1681	employee; or
1682	2. The employer engaged in conduct that the employer knew,
1683	based on prior similar accidents or on explicit warnings
1684	specifically identifying a known danger, was certain to result
1685	in injury or death to the employee, and the employee was not
1686	aware of the risk because the danger was not apparent and the
1687	employer deliberately concealed or misrepresented the danger so
1688	as to prevent the employee from exercising informed judgment
1689	about whether to perform the work.
1690
1691	The same immunities from liability enjoyed by an employer shall
1692	extend as well to each employee of the employer when such
1693	employee is acting in furtherance of the employer's business and
1694	the injured employee is entitled to receive benefits under this
1695	chapter. Such fellow-employee immunities shall not be applicable
1696	to an employee who acts, with respect to a fellow employee, with
1697	willful and wanton disregard or unprovoked physical aggression
1698	or with gross negligence when such acts result in injury or
1699	death or such acts proximately cause such injury or death, nor
1700	shall such immunities be applicable to employees of the same
1701	employer when each is operating in the furtherance of the
1702	employer's business but they are assigned primarily to unrelated
1703	works within private or public employment. The same immunity
1704	provisions enjoyed by an employer shall also apply to any sole
1705	proprietor, partner, corporate officer or director, supervisor,
1706	or other person who in the course and scope of his or her duties
1707	acts in a managerial or policymaking capacity and the conduct
1708	which caused the alleged injury arose within the course and
1709	scope of said managerial or policymaking duties and was not a
1710	violation of a law, whether or not a violation was charged, for
1711	which the maximum penalty which may be imposed does not exceed
1712	60 days' imprisonment as set forth in s. 775.082. The immunity
1713	from liability provided in this subsection extends to county
1714	governments with respect to employees of county constitutional
1715	officers whose offices are funded by the board of county
1716	commissioners.
1717	(3) An employer's workers' compensation carrier, service
1718	agent, or safety consultant shall not be liable as a third-party
1719	tortfeasor to employees of the employer or employees of its
1720	subcontractors for assisting the employer and its
1721	subcontractors, if any,in carrying out the employer's rights
1722	and responsibilities under this chapter by furnishing any safety
1723	inspection, safety consultative service, or other safety service
1724	incidental to the workers' compensation or employers' liability
1725	coverage or to the workers' compensation or employer's liability
1726	servicing contract. Without limitation, a safety consultant may
1727	include an owner, as defined in chapter 713, or an owner’s
1728	related, affiliated, or subsidiary companies and the employees
1729	of each.The exclusion from liability under this subsection
1730	shall not apply in any case in which injury or death is
1731	proximately caused by the willful and unprovoked physical
1732	aggression, or by the negligent operation of a motor vehicle, by
1733	employees, officers, or directors of the employer's workers'
1734	compensation carrier, service agent, or safety consultant.
1735	Section 15. Section 440.13, Florida Statutes, is amended
1736	to read:
1737	440.13 Medical services and supplies; penalty for
1738	violations; limitations.--
1739	(1) DEFINITIONS.-- As used in this section, the term:
1740	(a) "Alternate medical care" means a change in treatment
1741	or health care provider.
1742	(b) "Attendant care" means care rendered by trained
1743	professional attendants which is beyond the scope of household
1744	duties. Family members may provide nonprofessional attendant
1745	care, but may not be compensated under this chapter for care
1746	that falls within the scope of household duties and other
1747	services normally and gratuitously provided by family members.
1748	"Family member" means a spouse, father, mother, brother, sister,
1749	child, grandchild, father-in-law, mother-in-law, aunt, or uncle.
1750	(c) "Carrier" means, for purposes of this section,
1751	insurance carrier, self-insurance fund or individually self-
1752	insured employer, assessable mutual insurer.
1753	(d) "Catastrophic injury" means an injury as defined in s.
1754	440.02.
1755	(e) "Certified health care provider" means a health care
1756	provider who has been certified by the agency or who has entered
1757	an agreement with a licensed managed care organization to
1758	provide treatment to injured workers under this section.
1759	Certification of such health care provider must include
1760	documentation that the health care provider has read and is
1761	familiar with the portions of the statute, impairment guides,
1762	practice parameters, protocols of treatment,and rules which
1763	govern the provision of remedial treatment, care, and
1764	attendance.
1765	(f) "Compensable" means a determination by a carrier or
1766	judge of compensation claims that a condition suffered by an
1767	employee results from an injury arising out of and in the course
1768	of employment.
1769	(g) "Emergency services and care" means emergency services
1770	and care as defined in s. 395.002.
1771	(h) "Health care facility" means any hospital licensed
1772	under chapter 395 and any health care institution licensed under
1773	chapter 400.
1774	(i) "Health care provider" means a physician or any
1775	recognized practitioner who provides skilled services pursuant
1776	to a prescription or under the supervision or direction of a
1777	physician and who has been certified by the agency as a health
1778	care provider. The term "health care provider" includes a health
1779	care facility.
1780	(j) "Independent medical examiner" means a physician
1781	selected by either an employee or a carrier to render one or
1782	more independent medical examinations in connection with a
1783	dispute arising under this chapter.
1784	(k) "Independent medical examination" means an objective
1785	evaluation of the injured employee's medical condition,
1786	including, but not limited to, impairment or work status,
1787	performed by a physician or an expert medical advisor at the
1788	request of a party, a judge of compensation claims, or the
1789	agency to assist in the resolution of a dispute arising under
1790	this chapter.
1791	(l) “Instance of overutilization" means a specific
1792	inappropriate service or level of service provided to an injured
1793	employee that includes the provision of treatment in excess of
1794	established practice parameters and protocols of treatment
1795	established in accordance with this chapter.
1796	(m) "Medically necessary" or “medical necessity”means any
1797	medical service or medical supply which is used to identify or
1798	treat an illness or injury, is appropriate to the patient's
1799	diagnosis and status of recovery, and is consistent with the
1800	location of service, the level of care provided, and applicable
1801	practice parameters. The service should be widely accepted among
1802	practicing health care providers, based on scientific criteria,
1803	and determined to be reasonably safe. The service must not be of
1804	an experimental, investigative, or research nature, except in
1805	those instances in which prior approval of the Agency for Health
1806	Care Administration has been obtained. The Agency for Health
1807	Care Administration shall adopt rules providing for such
1808	approval on a case-by-case basis when the service or supply is
1809	shown to have significant benefits to the recovery and well-
1810	being of the patient.
1811	(n) "Medicine" means a drug prescribed by an authorized
1812	health care provider and includes only generic drugs or single-
1813	source patented drugs for which there is no generic equivalent,
1814	unless the authorized health care provider writes or states that
1815	the brand-name drug as defined in s. 465.025 is medically
1816	necessary, or is a drug appearing on the schedule of drugs
1817	created pursuant to s. 465.025(6), or is available at a cost
1818	lower than its generic equivalent.
1819	(o) "Palliative care" means noncurative medical services
1820	that mitigate the conditions, effects, or pain of an injury.
1821	(p) "Pattern or practice of overutilization" means
1822	repetition of instances of overutilization within a specific
1823	medical case or multiple cases by a single health care provider.
1824	(q) "Peer review" means an evaluation by two or more
1825	physicians licensed under the same authority and with the same
1826	or similar specialty as the physician under review, of the
1827	appropriateness, quality, and cost of health care and health
1828	services provided to a patient, based on medically accepted
1829	standards.
1830	(r) "Physician" or "doctor" means a physician licensed
1831	under chapter 458, an osteopathic physician licensed under
1832	chapter 459, a chiropractic physician licensed under chapter
1833	460, a podiatric physician licensed under chapter 461, an
1834	optometrist licensed under chapter 463, or a dentist licensed
1835	under chapter 466, each of whom must be certified by the agency
1836	as a health care provider.
1837	(s) "Reimbursement dispute" means any disagreement between
1838	a health care provider or health care facility and carrier
1839	concerning payment for medical treatment.
1840	(t) “Utilization control" means a systematic process of
1841	implementing measures that assure overall management and cost
1842	containment of services delivered, including compliance with
1843	practice parameters and protocols of treatment as provided for
1844	in this chapter.
1845	(u) "Utilization review" means the evaluation of the
1846	appropriateness of both the level and the quality of health care
1847	and health services provided to a patient, including, but not
1848	limited to, evaluation of the appropriateness of treatment,
1849	hospitalization, or office visits based on medically accepted
1850	standards. Such evaluation must be accomplished by means of a
1851	system that identifies the utilization of medical services based
1852	on practice parameters and protocols of treatment as provided
1853	for in this chaptermedically accepted standards as established
1854	by medical consultants with qualifications similar to those
1855	providing the care under review, and that refers patterns and
1856	practices of overutilization to the agency.
1857	(2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--
1858	(a) Subject to the limitations specified elsewhere in this
1859	chapter, the employer shall furnish to the employee such
1860	medically necessary remedial treatment, care, and attendance for
1861	such period as the nature of the injury or the process of
1862	recovery may require, which is in accordance with established
1863	practice parameters and protocols of treatment as provided for
1864	in this chapter, including medicines, medical supplies, durable
1865	medical equipment, orthoses, prostheses, and other medically
1866	necessary apparatus. Remedial treatment, care, and attendance,
1867	including work-hardening programs or pain-management programs
1868	accredited by the Commission on Accreditation of Rehabilitation
1869	Facilities or Joint Commission on the Accreditation of Health
1870	Organizations or pain-management programs affiliated with
1871	medical schools, shall be considered as covered treatment only
1872	when such care is given based on a referral by a physician as
1873	defined in this chapter. Each facility shall maintain outcome
1874	data, including work status at discharges, total program
1875	charges, total number of visits, and length of stay. The
1876	department shall utilize such data and report to the President
1877	of the Senate and the Speaker of the House of Representatives
1878	regarding the efficacy and cost-effectiveness of such program,
1879	no later than October 1, 1994.Medically necessary treatment,
1880	care, and attendance does not include chiropractic services in
1881	excess of 2418 treatments or rendered 128weeks beyond the
1882	date of the initial chiropractic treatment, whichever comes
1883	first, unless the carrier authorizes additional treatment or the
1884	employee is catastrophically injured.
1885	(b) The employer shall provide appropriate professional or
1886	nonprofessional attendant care performed only at the direction
1887	and control of a physician when such care is medically
1888	necessary. The physician shall prescribe such care in writing.
1889	The employer or carrier shall not be responsible for such care
1890	until the prescription for attendant care is received by the
1891	employer and carrier, which shall specify the time periods for
1892	such care, the level of care required, and the type of
1893	assistance required. A prescription for attendant care shall not
1894	prescribe such care retroactively.The value of nonprofessional
1895	attendant care provided by a family member must be determined as
1896	follows:
1897	1. If the family member is not employed or if the family
1898	member is employed and is providing attendant care services
1899	during hours that he or she is not engaged in employment, the
1900	per-hour value equals the federal minimum hourly wage.
1901	2. If the family member is employed and elects to leave
1902	that employment to provide attendant or custodial care, the per-
1903	hour value of that care equals the per-hour value of the family
1904	member's former employment, not to exceed the per-hour value of
1905	such care available in the community at large. A family member
1906	or a combination of family members providing nonprofessional
1907	attendant care under this paragraph may not be compensated for
1908	more than a total of 12 hours per day.
1909	3. If the family member remains employed while providing
1910	attendant or custodial care, the per-hour value of that care
1911	equals the per-hour value of the family member’s employment, not
1912	to exceed the per-hour value of such care available in the
1913	community at large.
1914	(c) If the employer fails to provide initialtreatment or
1915	care required by this section after request by the injured
1916	employee, the employee may obtain such initialtreatment at the
1917	expense of the employer, if the initial treatment or careis
1918	compensable and medically necessary and is in accordance with
1919	established practice parameters and protocols of treatment as
1920	provided for in this chapter. There must be a specific request
1921	for the initial treatment or care, and the employer or carrier
1922	must be given a reasonable time period within which to provide
1923	the initialtreatment or care. However, the employee is not
1924	entitled to recover any amount personally expended for the
1925	initial treatment or careserviceunless he or she has requested
1926	the employer to furnish that initialtreatment or service and
1927	the employer has failed, refused, or neglected to do so within a
1928	reasonable time or unless the nature of the injury requires such
1929	initialtreatment, nursing, and services and the employer or his
1930	or her superintendent or foreman, having knowledge of the
1931	injury, has neglected to provide the initial treatment or care
1932	service.
1933	(d) The carrier has the right to transfer the care of an
1934	injured employee from the attending health care provider if an
1935	independent medical examination determines that the employee is
1936	not making appropriate progress in recuperation.
1937	(e) Except in emergency situations and for treatment
1938	rendered by a managed care arrangement, after any initial
1939	examination and diagnosis by a physician providing remedial
1940	treatment, care, and attendance, and before a proposed course of
1941	medical treatment begins, each insurer shall review, in
1942	accordance with the requirements of this chapter, the proposed
1943	course of treatment, to determine whether such treatment would
1944	be recognized as reasonably prudent. The review must be in
1945	accordance with all applicable workers' compensation practice
1946	parameters and protocols of treatment established in accordance
1947	with this chapter. The insurer must accept any such proposed
1948	course of treatment unless the insurer notifies the physician of
1949	its specific objections to the proposed course of treatment by
1950	the close of the tenth business day after notification by the
1951	physician, or a supervised designee of the physician, of the
1952	proposed course of treatment.
1953	(f) Upon the written request of the employee, the carrier
1954	shall give the employee the opportunity for one change of
1955	physician during the course of treatment for any one accident.
1956	Upon the granting of a change of physician, the originally
1957	authorized physician in the same specialty as the changed
1958	physician shall become deauthorized upon written notification by
1959	the employer or carrier. The carrier shall authorize an
1960	alternative physician who shall not be professionally affiliated
1961	with the previous physician within 5 days after receipt of the
1962	request. If the carrier fails to provide a change of physician
1963	as requested by the employee, the employee may select the
1964	physician and such physician shall be considered authorized if
1965	the treatment being provided is compensable and medically
1966	necessary.
1967
1968	Failure of the carrier to timely comply with this subsection
1969	shall be a violation of this chapter and the carrier shall be
1970	subject to penalties as provided for in s. 440.525.The employee
1971	shall be entitled to select another physician from among not
1972	fewer than three carrier-authorized physicians who are not
1973	professionally affiliated.
1974	(3) PROVIDER ELIGIBILITY; AUTHORIZATION.--
1975	(a) As a condition to eligibility for payment under this
1976	chapter, a health care provider who renders services must be a
1977	certified health care provider and must receive authorization
1978	from the carrier before providing treatment. This paragraph does
1979	not apply to emergency care. The agency shall adopt rules to
1980	implement the certification of health care providers.
1981	(b) A health care provider who renders emergency care must
1982	notify the carrier by the close of the third business day after
1983	it has rendered such care. If the emergency care results in
1984	admission of the employee to a health care facility, the health
1985	care provider must notify the carrier by telephone within 24
1986	hours after initial treatment. Emergency care is not compensable
1987	under this chapter unless the injury requiring emergency care
1988	arose as a result of a work-related accident. Pursuant to
1989	chapter 395, all licensed physicians and health care providers
1990	in this state shall be required to make their services available
1991	for emergency treatment of any employee eligible for workers'
1992	compensation benefits. To refuse to make such treatment
1993	available is cause for revocation of a license.
1994	(c) A health care provider may not refer the employee to
1995	another health care provider, diagnostic facility, therapy
1996	center, or other facility without prior authorization from the
1997	carrier, except when emergency care is rendered. Any referral
1998	must be to a health care provider that has been certified by the
1999	agency, unless the referral is for emergency treatment, and the
2000	referral must be made in accordance with practice parameters and
2001	protocols of treatment as provided for in this chapter.
2002	(d) A carrier must respond, by telephone or in writing, to
2003	a request for authorization from an authorized health care
2004	providerby the close of the third business day after receipt of
2005	the request. A carrier who fails to respond to a written request
2006	for authorization for referral for medical treatment by the
2007	close of the third business day after receipt of the request
2008	consents to the medical necessity for such treatment. All such
2009	requests must be made to the carrier. Notice to the carrier does
2010	not include notice to the employer.
2011	(e) Carriers shall adopt procedures for receiving,
2012	reviewing, documenting, and responding to requests for
2013	authorization. Such procedures shall be for a health care
2014	provider certified under this section.
2015	(f) By accepting payment under this chapter for treatment
2016	rendered to an injured employee, a health care provider consents
2017	to the jurisdiction of the agency as set forth in subsection
2018	(11) and to the submission of all records and other information
2019	concerning such treatment to the agency in connection with a
2020	reimbursement dispute, audit, or review as provided by this
2021	section. The health care provider must further agree to comply
2022	with any decision of the agency rendered under this section.
2023	(g) The employee is not liable for payment for medical
2024	treatment or services provided pursuant to this section except
2025	as otherwise provided in this section.
2026	(h) The provisions of s. 456.053 are applicable to
2027	referrals among health care providers, as defined in subsection
2028	(1), treating injured workers.
2029	(i) Notwithstanding paragraph (d), a claim for specialist
2030	consultations, surgical operations, physiotherapeutic or
2031	occupational therapy procedures, X-ray examinations, or special
2032	diagnostic laboratory tests that cost more than $1,000 and other
2033	specialty services that the agency identifies by rule is not
2034	valid and reimbursable unless the services have been expressly
2035	authorized by the carrier, or unless the carrier has failed to
2036	respond within 10 days to a written request for authorization,
2037	or unless emergency care is required. The insurer shall not
2038	refuse toauthorize such consultation or procedure unless the
2039	health care provider or facility is not authorized or certified,
2040	unless such treatment is not in accordance with practice
2041	parameters and protocols of treatment established in this
2042	chapter, or unless a judge of compensation claimsan expert
2043	medical advisorhas determined that the consultation or
2044	procedure is not medically necessary, not in accordance with the
2045	practice parameters and protocols of treatment established in
2046	this chapter, or otherwise notcompensable under this chapter.
2047	Authorization of a treatment plan does not constitute express
2048	authorization for purposes of this section, except to the extent
2049	the carrier provides otherwise in its authorization procedures.
2050	This paragraph does not limit the carrier's obligation to
2051	identify and disallow overutilization or billing errors.
2052	(j) Notwithstanding anything in this chapter to the
2053	contrary, a sick or injured employee shall be entitled, at all
2054	times, to free, full, and absolute choice in the selection of
2055	the pharmacy or pharmacist dispensing and filling prescriptions
2056	for medicines required under this chapter. It is expressly
2057	forbidden for the agency, an employer, or a carrier, or any
2058	agent or representative of the agency, an employer, or a
2059	carrier to select the pharmacy or pharmacist which the sick or
2060	injured employee must use; condition coverage or payment on the
2061	basis of the pharmacy or pharmacist utilized; or to otherwise
2062	interfere in the selection by the sick or injured employee of a
2063	pharmacy or pharmacist.
2064	(4) NOTICE OF TREATMENT TO CARRIER; FILING WITH
2065	DEPARTMENT.--
2066	(a) Any health care provider providing necessary remedial
2067	treatment, care, or attendance to any injured worker shall
2068	submit treatment reports to the carrier in a format prescribed
2069	by the department in consultation with the agency. A claim for
2070	medical or surgical treatment is not valid or enforceable
2071	against such employer or employee, unless, by the close of the
2072	third business day following the first treatment, the physician
2073	providing the treatment furnishes to the employer or carrier a
2074	preliminary notice of the injury and treatment in a formaton
2075	forms prescribed by the department in consultation with the
2076	agencyand, within 15 days thereafter, furnishes to the employer
2077	or carrier a complete report, and subsequent thereto furnishes
2078	progress reports, if requested by the employer or insurance
2079	carrier, at intervals of not less than 3 weeks apart or at less
2080	frequent intervals if requested in a formaton formsprescribed
2081	by the department in consultation with the agency.
2082	(b) Upon the request of the department or agency, each
2083	medical report or bill obtained or received by the employer, the
2084	carrier, or the injured employee, or the attorney for the
2085	employer, carrier, or injured employee, with respect to the
2086	remedial treatment, care, and attendance of the injured
2087	employee, including any report of an examination, diagnosis, or
2088	disability evaluation, must be produced by the health care
2089	provider tofiled with the department or agencypursuant to
2090	rules adopted by the department in consultation with the agency.
2091	The health care provider shall also furnish to the injured
2092	employee or to his or her attorney and the employer or carrier
2093	or its attorney, on demand, a copy of his or her office chart,
2094	records, and reports, and may charge the injured employee no
2095	more than 50 cents per page for copying the records and the
2096	actual direct cost to the health care provider or health care
2097	facility for X rays, microfilm, or other nonpaper recordsan
2098	amount authorized by the department for the copies. Each such
2099	health care provider shall provide to the agency ordepartment
2100	information about the remedial treatment, care, and attendance
2101	which the agency ordepartment reasonably requests.
2102	(c) It is the policy for the administration of the
2103	workers' compensation system that there shallbe reasonable
2104	access to medical information by all parties to facilitate the
2105	self-executing features of the law. An employee who reports an
2106	injury or illness alleged to be work-related waives any
2107	physician-patient privilege with respect to any condition or
2108	complaint reasonably related to the condition for which the
2109	employee claims compensation.Notwithstanding the limitations in
2110	s. 456.057 and subject to the limitations in s. 381.004, upon
2111	the request of the employer, the carrier, an authorized
2112	qualified rehabilitation provider, or the attorney for the
2113	employer or carrier, the medical records, reports, and
2114	information of an injured employee relevant to the particular
2115	injury or illness for which compensation is soughtmust be
2116	furnished to those persons and the medical condition of the
2117	injured employee must be discussed with those persons, if the
2118	records and the discussions are restricted to conditions
2119	relating to the workplace injury. Release of medical information
2120	by the health care provider or other physician does not require
2121	the authorization of the injured employee. If medical records,
2122	reports, and information of an injured employee are sought from
2123	health care providers who are not subject to the jurisdiction of
2124	the state, the injured employee shall sign an authorization
2125	allowing for the employer or carrier to obtain the medical
2126	records, reports, or information. Any such discussions or
2127	release of informationmay be held before or after the filing of
2128	a claim or petition for benefitswithout the knowledge, consent,
2129	or presence of any other party or his or her agent or
2130	representative. A health care provider who willfully refuses to
2131	provide medical records or to discuss the medical condition of
2132	the injured employee, after a reasonable request is made for
2133	such information pursuant to this subsection, shall be subject
2134	by the departmentagencyto one or more of the penalties set
2135	forth in paragraph (8)(b). The department may adopt rules to
2136	carry out this subsection.
2137	(5) INDEPENDENT MEDICAL EXAMINATIONS.--
2138	(a) In any dispute concerning overutilization, medical
2139	benefits, compensability, or disability under this chapter, the
2140	carrier or the employee may select an independent medical
2141	examiner. If the parties agree,the examiner may be a health
2142	care provider treating or providing other care to the employee.
2143	An independent medical examiner may not render an opinion
2144	outside his or her area of expertise, as demonstrated by
2145	licensure and applicable practice parameters. The employer and
2146	employee shall be entitled to only one independent medical
2147	examination per accident and not one independent medical
2148	examination per medical specialty. The party requesting and
2149	selecting the independent medical examination shall be
2150	responsible for all expenses associated with said examination,
2151	including, but not limited to, medically necessary diagnostic
2152	testing performed and physician or medical care provider fees
2153	for the evaluation. The party selecting the independent medical
2154	examination shall identify the choice of the independent medical
2155	examiner to all other parties within 15 days after the date the
2156	independent medical examination is to take place. Failure to
2157	timely provide such notification shall preclude the requesting
2158	party from submitting the findings of such independent medical
2159	examiner in a proceeding before a judge of compensation claims.
2160	The independent medical examiner may not provide followup care
2161	if such recommendation for care is found to be medically
2162	necessary. If the employee prevails in a medical dispute as
2163	determined in an order by a judge of compensation claims or if
2164	benefits are paid or treatment provided after the employee has
2165	obtained an independent medical examination based upon the
2166	examiner’s findings, the costs of such examination shall be paid
2167	by the employer or carrier.
2168	(b) Each party is bound by his or her selection of an
2169	independent medical examiner, including the selection of the
2170	independent medical examiner in accordance with s. 440.134 and
2171	the opinions of such independent medical examiner. Each party
2172	andis entitled to an alternate examiner only if:
2173	1. The examiner is not qualified to render an opinion upon
2174	an aspect of the employee's illness or injury which is material
2175	to the claim or petition for benefits;
2176	2. The examiner ceases to practice in the specialty
2177	relevant to the employee's condition;
2178	3. The examiner is unavailable due to injury, death, or
2179	relocation outside a reasonably accessible geographic area; or
2180	4. The parties agree to an alternate examiner.
2181
2182	Any party may request, or a judge of compensation claims may
2183	require, designation of an agency medical advisor as an
2184	independent medical examiner. The opinion of the advisors acting
2185	as examiners shall not be afforded the presumption set forth in
2186	paragraph (9)(c).
2187	(c) The carrier may, at its election, contact the claimant
2188	directly to schedule a reasonable time for an independent
2189	medical examination. The carrier must confirm the scheduling
2190	agreement in writing with the claimant and thewithin 5 days and
2191	notifyclaimant's counsel, if any, at least 7 days before the
2192	date upon which the independent medical examination is scheduled
2193	to occur. An attorney representing a claimant is not authorized
2194	to schedule the self-insured employer’s or carrier’sindependent
2195	medical evaluations under this subsection. Neither the self-
2196	insured employer nor the carrier shall be responsible for
2197	scheduling any independent medical examination other than an
2198	employer or carrier independent medical examination.
2199	(d) If the employee fails to appear for the independent
2200	medical examination scheduled by the employer or carrierwithout
2201	good cause and fails to advise the physician at least 24 hours
2202	before the scheduled date for the examination that he or she
2203	cannot appear, the employee is barred from recovering
2204	compensation for any period during which he or she has refused
2205	to submit to such examination. Further, the employee shall
2206	reimburse the employer orcarrier 50 percent of the physician's
2207	cancellation or no-show fee unless the employer orcarrier that
2208	schedules the examination fails to timely provide to the
2209	employee a written confirmation of the date of the examination
2210	pursuant to paragraph (c) which includes an explanation of why
2211	he or she failed to appear. The employee may appeal to a judge
2212	of compensation claims for reimbursement when the employer or
2213	carrier withholds payment in excess of the authority granted by
2214	this section.
2215	(e) No medical opinion other than the opinion of a medical
2216	advisor appointed by the judge of compensation claims or the
2217	departmentagency, an independent medical examiner, or an
2218	authorized treating provider is admissible in proceedings before
2219	the judges of compensation claims.
2220	(f) Attorney’s fees incurred by an injured employee in
2221	connection with delay of or opposition to an independent medical
2222	examination, including, but not limited to, motions for
2223	protective orders, are not recoverable under this chapter.
2224	(g) When a medical dispute arises, the parties may
2225	mutually agree to refer the employee to a licensed physician
2226	specializing in the diagnosis and treatment of the medical
2227	condition at issue for an independent medical examination and
2228	report. Such medical examination shall be referred to as a
2229	“consensus independent medical examination.” The findings and
2230	conclusions of such mutually agreed upon consensus independent
2231	medical examination shall be binding on the parties and shall
2232	constitute resolution of the medical dispute addressed in the
2233	independent consensus medical examination and in any proceeding.
2234	Agreement by the parties to a consensus independent medical
2235	examination shall not affect the employer's, carrier's, or
2236	employee's entitlement to one independent medical examination
2237	per accident as provided for in this subsection.
2238	(6) UTILIZATION REVIEW.--Carriers shall review all bills,
2239	invoices, and other claims for payment submitted by health care
2240	providers in order to identify overutilization and billing
2241	errors, including compliance with practice parameters and
2242	protocols of treatment established in accordance with this
2243	chapter, and may hire peer review consultants or conduct
2244	independent medical evaluations. Such consultants, including
2245	peer review organizations, are immune from liability in the
2246	execution of their functions under this subsection to the extent
2247	provided in s. 766.101. If a carrier finds that overutilization
2248	of medical services or a billing error has occurred, or there is
2249	a violation of the practice parameters and protocols of
2250	treatment established in accordance with this chapter, it must
2251	disallow or adjust payment for such services or error without
2252	order of a judge of compensation claims or the agency, if the
2253	carrier, in making its determination, has complied with this
2254	section and rules adopted by the agency.
2255	(7) UTILIZATION AND REIMBURSEMENT DISPUTES.--
2256	(a) Any health care provider, carrier, or employer who
2257	elects to contest the disallowance or adjustment of payment by a
2258	carrier under subsection (6) must, within 30 days after receipt
2259	of notice of disallowance or adjustment of payment, petition the
2260	agency to resolve the dispute. The petitioner must serve a copy
2261	of the petition on the carrier and on all affected parties by
2262	certified mail. The petition must be accompanied by all
2263	documents and records that support the allegations contained in
2264	the petition. Failure of a petitioner to submit such
2265	documentation to the agency results in dismissal of the
2266	petition.
2267	(b) The carrier must submit to the agency within 10 days
2268	after receipt of the petition all documentation substantiating
2269	the carrier's disallowance or adjustment. Failure of the carrier
2270	to timelysubmit the requested documentation to the agency
2271	within 10 days constitutes a waiver of all objections to the
2272	petition.
2273	(c) Within 60 days after receipt of all documentation, the
2274	agency must provide to the petitioner, the carrier, and the
2275	affected parties a written determination of whether the carrier
2276	properly adjusted or disallowed payment. The agency must be
2277	guided by standards and policies set forth in this chapter,
2278	including all applicable reimbursement schedules, practice
2279	parameters, and protocols of treatment,in rendering its
2280	determination.
2281	(d) If the agency finds an improper disallowance or
2282	improper adjustment of payment by an insurer, the insurer shall
2283	reimburse the health care provider, facility, insurer, or
2284	employer within 30 days, subject to the penalties provided in
2285	this subsection.
2286	(e) The agency shall adopt rules to carry out this
2287	subsection. The rules may include provisions for consolidating
2288	petitions filed by a petitioner and expanding the timetable for
2289	rendering a determination upon a consolidated petition.
2290	(f) Any carrier that engages in a pattern or practice of
2291	arbitrarily or unreasonably disallowing or reducing payments to
2292	health care providers may be subject to one or more of the
2293	following penalties imposed by the agency:
2294	1. Repayment of the appropriate amount to the health care
2295	provider.
2296	2. An administrative fine assessed by the agency in an
2297	amount not to exceed $5,000 per instance of improperly
2298	disallowing or reducing payments.
2299	3. Award of the health care provider's costs, including a
2300	reasonable attorney's fee, for prosecuting the petition.
2301	(8) PATTERN OR PRACTICE OF OVERUTILIZATION.--
2302	(a) Carriers must report to the agency all instances of
2303	overutilization including, but not limited to, all instances in
2304	which the carrier disallows or adjusts payment or a
2305	determination has been made that the provided or recommended
2306	treatment is in excess of the practice parameters and protocols
2307	of treatment established in this chapter. The agency shall
2308	determine whether a pattern or practice of overutilization
2309	exists.
2310	(b) If the agency determines that a health care provider
2311	has engaged in a pattern or practice of overutilization or a
2312	violation of this chapter or rules adopted by the agency,
2313	including a pattern or practice of providing treatment in excess
2314	of the practice parameters or protocols of treatment, it may
2315	impose one or more of the following penalties:
2316	1. An order of the agency barring the provider from
2317	payment under this chapter;
2318	2. Deauthorization of care under review;
2319	3. Denial of payment for care rendered in the future;
2320	4. Decertification of a health care provider certified as
2321	an expert medical advisor under subsection (9) or of a
2322	rehabilitation provider certified under s. 440.49;
2323	5. An administrative fine assessed by the agency in an
2324	amount not to exceed $5,000 per instance of overutilization or
2325	violation; and
2326	6. Notification of and review by the appropriate licensing
2327	authority pursuant to s. 440.106(3).
2328	(9) EXPERT MEDICAL ADVISORS.--
2329	(a) The agency shall certify expert medical advisors in
2330	each specialty to assist the agency and the judges of
2331	compensation claims within the advisor's area of expertise as
2332	provided in this section. The agency shall, in a manner
2333	prescribed by rule, in certifying, recertifying, or decertifying
2334	an expert medical advisor, consider the qualifications,
2335	training, impartiality, and commitment of the health care
2336	provider to the provision of quality medical care at a
2337	reasonable cost. As a prerequisite for certification or
2338	recertification, the agency shall require, at a minimum, that
2339	an expert medical advisor have specialized workers' compensation
2340	training or experience under the workers' compensation system of
2341	this state and board certification or board eligibility.
2342	(b) The agency shall contract with one or more entities
2343	that employ, contract with, or otherwise secureor employexpert
2344	medical advisors to provide peer review or expertmedical
2345	consultation, opinions, and testimonyto the agency or to a
2346	judge of compensation claims in connection with resolving
2347	disputes relating to reimbursement, differing opinions of health
2348	care providers, and health care and physician services rendered
2349	under this chapter, including utilization issues. The agency
2350	shall by rule establish the qualifications of expert medical
2351	advisors, including training and experience in the workers’
2352	compensation system in the state and the expert medical
2353	advisor’s knowledge of and commitment to the standards of care,
2354	practice parameters, and protocols established pursuant to this
2355	chapter.Expert medical advisors contracting with the agency
2356	shall, as a term of such contract, agree to provide consultation
2357	or services in accordance with the timetables set forth in this
2358	chapter and to abide by rules adopted by the agency, including,
2359	but not limited to, rules pertaining to procedures for review of
2360	the services rendered by health care providers and preparation
2361	of reports and testimony orrecommendations for submission to
2362	the agency or the judge of compensation claims.
2363	(c) If there is disagreement in the opinions of the health
2364	care providers, if two health care providers disagree on medical
2365	evidence supporting the employee's complaints or the need for
2366	additional medical treatment, or if two health care providers
2367	disagree that the employee is able to return to work, the agency
2368	may, and the judge of compensation claims shall, upon his or her
2369	own motion or within 15 days after receipt of a written request
2370	by either the injured employee, the employer, or the carrier,
2371	order the injured employee to be evaluated by an expert medical
2372	advisor. The opinion of the expert medical advisor is presumed
2373	to be correct unless there is clear and convincing evidence to
2374	the contrary as determined by the judge of compensation claims.
2375	The expert medical advisor appointed to conduct the evaluation
2376	shall have free and complete access to the medical records of
2377	the employee. An employee who fails to report to and cooperate
2378	with such evaluation forfeits entitlement to compensation during
2379	the period of failure to report or cooperate.
2380	(d) The expert medical advisor must complete his or her
2381	evaluation and issue his or her report to the agency or to the
2382	judge of compensation claims within 1545days after receipt of
2383	all medical records. The expert medical advisor must furnish a
2384	copy of the report to the carrier and to the employee.
2385	(e) An expert medical advisor is not liable under any
2386	theory of recovery for evaluations performed under this section
2387	without a showing of fraud or malice. The protections of s.
2388	766.101 apply to any officer, employee, or agent of the agency
2389	and to any officer, employee, or agent of any entity with which
2390	the agency has contracted under this subsection.
2391	(f) If the agency or a judge of compensation claims orders
2392	determines thatthe services of a certified expert medical
2393	advisor are requiredto resolve a dispute under this section,
2394	the party requesting such examinationcarriermust compensate
2395	the advisor for his or her time in accordance with a schedule
2396	adopted by the agency. If the employee prevails in a dispute as
2397	determined in an order by a judge of compensation claims based
2398	upon the expert medical advisor’s findings, the employer or
2399	carrier shall pay for the costs of such expert medical advisor.
2400	If a judge of compensation claims, upon his or her motion, finds
2401	that an expert medical advisor is needed to resolve the dispute,
2402	the carrier must compensate the advisor for his or her time in
2403	accordance with a schedule adopted by the agency.The agency may
2404	assess a penalty not to exceed $500 against any carrier that
2405	fails to timely compensate an advisor in accordance with this
2406	section.
2407	(10) WITNESS FEES.-- Any health care provider who gives a
2408	deposition shall be allowed a witness fee. The amount charged by
2409	the witness may not exceed $200 per hour. An expert witness who
2410	has never provided direct professional services to a party but
2411	has merely reviewed medical records and provided an expert
2412	opinion or has provided only direct professional services that
2413	were unrelated to the workers' compensation case may not be
2414	allowed a witness fee in excess of $200 per day.
2415	(11) AUDITS BY AGENCY FOR HEALTH CARE ADMINISTRATION AND
2416	THE DEPARTMENT OF INSURANCE; JURISDICTION.--
2417	(a) The Agency for Health Care Administration may
2418	investigate health care providers to determine whether providers
2419	are complying with this chapter and with rules adopted by the
2420	agency, whether the providers are engaging in overutilization,
2421	andwhether providers are engaging in improper billing
2422	practices, and whether providers are adhering to practice
2423	parameters and protocols established in accordance with this
2424	chapter. If the agency finds that a health care provider has
2425	improperly billed, overutilized, or failed to comply with agency
2426	rules or the requirements of this chapter, including, but not
2427	limited to, practice parameters and protocols established in
2428	accordance with this chapter,it must notify the provider of its
2429	findings and may determine that the health care provider may not
2430	receive payment from the carrier or may impose penalties as set
2431	forth in subsection (8) or other sections of this chapter. If
2432	the health care provider has received payment from a carrier for
2433	services that were improperly billed, that constitute
2434	overutilization, or that were outside practice parameters or
2435	protocols established in accordance with this chapteror for
2436	overutilization, it must return those payments to the carrier.
2437	The agency may assess a penalty not to exceed $500 for each
2438	overpayment that is not refunded within 30 days after
2439	notification of overpayment by the agency or carrier.
2440	(b) The department shall fine or otherwise discipline an
2441	employer or carrier, pursuant to this chapter, the insurance
2442	code, or rules adopted by the department, for each late payment
2443	of compensation that is below the minimum 95-percent90-percent
2444	performance standard. Any carrier that is found to be not in
2445	compliance in subsequent consecutive quarters must implement a
2446	medical-bill review program approved by the division, and the
2447	carrier is subject to disciplinary action by the Department of
2448	Insurance.
2449	(c) The agency has exclusive jurisdiction to decide any
2450	matters concerning reimbursement, to resolve any overutilization
2451	dispute under subsection (7), and to decide any question
2452	concerning overutilization under subsection (8), which question
2453	or dispute arises after January 1, 1994.
2454	(d) The following agency actions do not constitute agency
2455	action subject to review under ss. 120.569 and 120.57 and do not
2456	constitute actions subject to s. 120.56: referral by the entity
2457	responsible for utilization review; a decision by the agency to
2458	refer a matter to a peer review committee; establishment by a
2459	health care provider or entity of procedures by which a peer
2460	review committee reviews the rendering of health care services;
2461	and the review proceedings, report, and recommendation of the
2462	peer review committee.
2463	(12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
2464	REIMBURSEMENT ALLOWANCES.--
2465	(a) A three-member panel is created, consisting of the
2466	Insurance Commissioner, or the Insurance Commissioner's
2467	designee, and two members to be appointed by the Governor,
2468	subject to confirmation by the Senate, one member who, on
2469	account of present or previous vocation, employment, or
2470	affiliation, shall be classified as a representative of
2471	employers, the other member who, on account of previous
2472	vocation, employment, or affiliation, shall be classified as a
2473	representative of employees. The panel shall determine statewide
2474	schedules of maximum reimbursement allowances for medically
2475	necessary treatment, care, and attendance provided by
2476	physicians, hospitals, ambulatory surgical centers, work-
2477	hardening programs, pain programs, and durable medical
2478	equipment. The maximum reimbursement allowances for inpatient
2479	hospital care shall be based on a schedule of per diem rates, to
2480	be approved by the three-member panel no later than March 1,
2481	1994, to be used in conjunction with a precertification manual
2482	as determined by the department, including maximum hours in
2483	which an outpatient may remain in observation status, which
2484	shall not exceed 23 hoursagency. All compensable charges for
2485	hospital outpatient care shall be reimbursed at 75 percent of
2486	usual and customary charges, except as otherwise provided by
2487	this subsection. Until the three-member panel approves a
2488	schedule of per diem rates for inpatient hospital care and it
2489	becomes effective, all compensable charges for hospital
2490	inpatient care must be reimbursed at 75 percent of their usual
2491	and customary charges.Annually, the three-member panel shall
2492	adopt schedules of maximum reimbursement allowances for
2493	physicians, hospital inpatient care, hospital outpatient care,
2494	ambulatory surgical centers, work-hardening programs, and pain
2495	programs. However, the maximum percentage of increase in the
2496	individual reimbursement allowance may not exceed the percentage
2497	of increase in the Consumer Price Index for the previous year.
2498	An individual physician, hospital, ambulatory surgical center,
2499	pain program, or work-hardening program shall be reimbursed
2500	either the usual and customary charge for treatment, care, and
2501	attendance, the agreed-upon contract price,or the maximum
2502	reimbursement allowance in the appropriate schedule, whichever
2503	is less.
2504	(b) It is the intent of the Legislature to increase the
2505	schedule of maximum reimbursement allowances for selected
2506	physicians effective January 1, 2004, and to pay for the
2507	increases through reductions in payments to hospitals. Revisions
2508	developed pursuant to this subsection are limited to the
2509	following:
2510	1. Payments for outpatient physical, occupational, and
2511	speech therapy provided by hospitals shall be reduced to the
2512	schedule of maximum reimbursement allowances for these services
2513	which applies to nonhospital providers.
2514	2. Payments for scheduled outpatient nonemergency
2515	radiological and clinical laboratory services that are not
2516	provided in conjunction with a surgical procedure shall be
2517	reduced to the schedule of maximum reimbursement allowances for
2518	these services which applies to nonhospital providers.
2519	3. Outpatient reimbursement for scheduled surgeries shall
2520	be reduced from 75 percent of charges to 60 percent of charges.
2521	4. Maximum reimbursement for a physician licensed under
2522	chapter 458 or chapter 459 shall be increased to 110 percent of
2523	the reimbursement allowed by Medicare, using appropriate codes
2524	and modifiers or the medical reimbursement level adopted by the
2525	three-member panel as of January 1, 2003, whichever is greater.
2526	5. Maximum reimbursement for surgical procedures shall be
2527	increased to 140 percent of the reimbursement allowed by
2528	Medicare or the medical reimbursement level adopted by the
2529	three-member panel as of January 1, 2003, whichever is greater.
2530	(c)(b)As to reimbursement for a prescription medication,
2531	the reimbursement amount for a prescription shall be the average
2532	wholesale price times 0.861.2 plus $4.26$4.18for the
2533	dispensing fee, except where the carrier has contracted for a
2534	lower amount. Fees for pharmaceuticals and pharmaceutical
2535	services shall be reimbursable at the applicable fee schedule
2536	amount. Where the employer or carrier has contracted for such
2537	services and the employee elects to obtain them through a
2538	provider not a party to the contract, the carrier shall
2539	reimburse at the schedule, negotiated, or contract price,
2540	whichever is lower. No such contract shall rely on a provider
2541	that is not reasonably accessible to the employee.
2542	(d)(c)Reimbursement for all fees and other charges for
2543	such treatment, care, and attendance, including treatment, care,
2544	and attendance provided by any hospital or other health care
2545	provider, ambulatory surgical center, work-hardening program, or
2546	pain program, must not exceed the amounts provided by the
2547	uniform schedule of maximum reimbursement allowances as
2548	determined by the panel or as otherwise provided in this
2549	section. This subsection also applies to independent medical
2550	examinations performed by health care providers under this
2551	chapter. In determining the uniform schedule, the panel shall
2552	first approve the data which it finds representative of
2553	prevailing charges in the state for similar treatment, care, and
2554	attendance of injured persons. Each health care provider, health
2555	care facility, ambulatory surgical center, work-hardening
2556	program, or pain program receiving workers' compensation
2557	payments shall maintain records verifying their usual charges.
2558	In establishing the uniform schedule of maximum reimbursement
2559	allowances, the panel must consider:
2560	1. The levels of reimbursement for similar treatment,
2561	care, and attendance made by other health care programs or
2562	third-party providers;
2563	2. The impact upon cost to employers for providing a level
2564	of reimbursement for treatment, care, and attendance which will
2565	ensure the availability of treatment, care, and attendance
2566	required by injured workers;
2567	3. The financial impact of the reimbursement allowances
2568	upon health care providers and health care facilities, including
2569	trauma centers as defined in s. 395.4001, and its effect upon
2570	their ability to make available to injured workers such
2571	medically necessary remedial treatment, care, and attendance.
2572	The uniform schedule of maximum reimbursement allowances must be
2573	reasonable, must promote health care cost containment and
2574	efficiency with respect to the workers' compensation health care
2575	delivery system, and must be sufficient to ensure availability
2576	of such medically necessary remedial treatment, care, and
2577	attendance to injured workers; and
2578	4. The most recent average maximum allowable rate of
2579	increase for hospitals determined by the Health Care Board under
2580	chapter 408.
2581	(e)(d)In addition to establishing the uniform schedule of
2582	maximum reimbursement allowances, the panel shall:
2583	1. Take testimony, receive records, and collect data to
2584	evaluate the adequacy of the workers' compensation fee schedule,
2585	nationally recognized fee schedules and alternative methods of
2586	reimbursement to certified health care providers and health care
2587	facilities for inpatient and outpatient treatment and care.
2588	2. Survey certified health care providers and health care
2589	facilities to determine the availability and accessibility of
2590	workers' compensation health care delivery systems for injured
2591	workers.
2592	3. Survey carriers to determine the estimated impact on
2593	carrier costs and workers' compensation premium rates by
2594	implementing changes to the carrier reimbursement schedule or
2595	implementing alternative reimbursement methods.
2596	4. Submit recommendations on or before January 1, 2003,
2597	and biennially thereafter, to the President of the Senate and
2598	the Speaker of the House of Representatives on methods to
2599	improve the workers' compensation health care delivery system.
2600
2601	The division shall provide data to the panel, including but not
2602	limited to, utilization trends in the workers' compensation
2603	health care delivery system. The division shall provide the
2604	panel with an annual report regarding the resolution of medical
2605	reimbursement disputes and any actions pursuant to s. 440.13(8).
2606	The division shall provide administrative support and service to
2607	the panel to the extent requested by the panel.
2608	(13) REMOVAL OF PHYSICIANS FROM LISTS OF THOSE AUTHORIZED
2609	TO RENDER MEDICAL CARE.-- The agency shall remove from the list
2610	of physicians or facilities authorized to provide remedial
2611	treatment, care, and attendance under this chapter the name of
2612	any physician or facility found after reasonable investigation
2613	to have:
2614	(a) Engaged in professional or other misconduct or
2615	incompetency in connection with medical services rendered under
2616	this chapter;
2617	(b) Exceeded the limits of his or her or its professional
2618	competence in rendering medical care under this chapter, or to
2619	have made materially false statements regarding his or her or
2620	its qualifications in his or her application;
2621	(c) Failed to transmit copies of medical reports to the
2622	employer or carrier, or failed to submit full and truthful
2623	medical reports of all his or her or its findings to the
2624	employer or carrier as required under this chapter;
2625	(d) Solicited, or employed another to solicit for himself
2626	or herself or itself or for another, professional treatment,
2627	examination, or care of an injured employee in connection with
2628	any claim under this chapter;
2629	(e) Refused to appear before, or to answer upon request
2630	of, the agency or any duly authorized officer of the state, any
2631	legal question, or to produce any relevant book or paper
2632	concerning his or her conduct under any authorization granted to
2633	him or her under this chapter;
2634	(f) Self-referred in violation of this chapter or other
2635	laws of this state; or
2636	(g) Engaged in a pattern of practice of overutilization or
2637	a violation of this chapter or rules adopted by the agency,
2638	including failure to adhere to practice parameters and protocols
2639	established in accordance with this chapter.
2640	(14) PAYMENT OF MEDICAL FEES.--
2641	(a) Except for emergency care treatment, fees for medical
2642	services are payable only to a health care provider certified
2643	and authorized to render remedial treatment, care, or attendance
2644	under this chapter. Carriers shall pay, disallow, or deny
2645	payment to health care providers in the manner and at times set
2646	forth in this chapter.A health care provider may not collect or
2647	receive a fee from an injured employee within this state, except
2648	as otherwise provided by this chapter. Such providers have
2649	recourse against the employer or carrier for payment for
2650	services rendered in accordance with this chapter. Payment to
2651	health care providers or physicians shall be subject to the
2652	medical fee schedule and applicable practice parameters and
2653	protocols, regardless of whether the health care provider or
2654	claimant is asserting that the payment should be made.
2655	(b) Fees charged for remedial treatment, care, and
2656	attendance, except for independent medical examinations and
2657	consensus independent medical examinations, may not exceed the
2658	applicable fee schedules adopted under this chapter and
2659	department rule. Notwithstanding any other provision in this
2660	chapter, if a physician or health care provider specifically
2661	agrees in writing to follow identified procedures aimed at
2662	providing quality medical care to injured workers at reasonable
2663	costs, deviations from established fee schedules shall be
2664	permitted. Written agreements warranting deviations may include,
2665	but are not limited to, the timely scheduling of appointments
2666	for injured workers, participating in return-to-work programs
2667	with injured workers’ employers, expediting the reporting of
2668	treatments provided to injured workers, and agreeing to
2669	continuing education, utilization review, quality assurance,
2670	precertification, and case management systems that are designed
2671	to provide needed treatment for injured workers.
2672	(c) Notwithstanding any other provision of this chapter,
2673	following overall maximum medical improvement from an injury
2674	compensable under this chapter, the employee is obligated to pay
2675	a copayment of $10 per visit for medical services. The copayment
2676	shall not apply to emergency care provided to the employee.
2677	(15) PRACTICE PARAMETERS.—The practice parameters and
2678	protocols mandated under this chapter shall be the Workers’
2679	Compensation Utilization Management Standards adopted by the
2680	American Accreditation Health Care Commission in effect on
2681	January 1, 2003.
2682	(a) The Agency for Health Care Administration, in
2683	conjunction with the department and appropriate health
2684	professional associations and health-related organizations shall
2685	develop and may adopt by rule scientifically sound practice
2686	parameters for medical procedures relevant to workers'
2687	compensation claimants. Practice parameters developed under this
2688	section must focus on identifying effective remedial treatments
2689	and promoting the appropriate utilization of health care
2690	resources. Priority must be given to those procedures that
2691	involve the greatest utilization of resources either because
2692	they are the most costly or because they are the most frequently
2693	performed. Practice parameters for treatment of the 10 top
2694	procedures associated with workers' compensation injuries
2695	including the remedial treatment of lower-back injuries must be
2696	developed by December 31, 1994.
2697	(b) The guidelines may be initially based on guidelines
2698	prepared by nationally recognized health care institutions and
2699	professional organizations but should be tailored to meet the
2700	workers' compensation goal of returning employees to full
2701	employment as quickly as medically possible, taking into
2702	consideration outcomes data collected from managed care
2703	providers and any other inpatient and outpatient facilities
2704	serving workers' compensation claimants.
2705	(c) Procedures must be instituted which provide for the
2706	periodic review and revision of practice parameters based on the
2707	latest outcomes data, research findings, technological
2708	advancements, and clinical experiences, at least once every 3
2709	years.
2710	(d) Practice parameters developed under this section must
2711	be used by carriers and the agency in evaluating the
2712	appropriateness and overutilization of medical services provided
2713	to injured employees.
2714	(16) STANDARDS OF CARE.--The following standards of care
2715	shall be followed in providing medical care under this chapter:
2716	(a) Abnormal anatomical findings alone, in the absence of
2717	objective relevant medical findings, shall not be an indicator
2718	of injury or illness, a justification for the provision of
2719	remedial medical care or the assignment of restrictions, or a
2720	foundation for limitations.
2721	(b) At all times during evaluation and treatment, the
2722	provider shall act on the premise that returning to work is an
2723	integral part of the treatment plan. The goal of removing all
2724	restrictions and limitations as early as appropriate shall be
2725	part of the treatment plan on a continuous basis. The assignment
2726	of restrictions and limitations shall be reviewed with each
2727	patient exam and upon receipt of new information, such as
2728	progress reports from physical therapists and other providers.
2729	Consideration shall be given to upgrading or removing the
2730	restrictions and limitations with each patient exam, based upon
2731	the presence or absence of objective relevant medical findings.
2732	(c) Reasonable necessary medical care of injured employees
2733	shall in all situations:
2734	1. Utilize a high intensity, short duration treatment
2735	approach that focuses on early activation and restoration of
2736	function whenever possible.
2737	2. Include reassessment of the treatment plans, regimes,
2738	therapies, prescriptions, and functional limitations or
2739	restrictions prescribed by the provider every 30 days.
2740	3. Be focused on treatment of the individual employee's
2741	specific clinical dysfunction or status and shall not be based
2742	upon nondescript diagnostic labels.
2743
2744	All treatment shall be inherently scientifically logical and the
2745	evaluation or treatment procedure must match the documented
2746	physiologic and clinical problem. Treatment shall match the
2747	type, intensity, and duration of service required by the problem
2748	identified.
2749	(17) Failure to comply with this section shall be
2750	considered a violation of this chapter and is subject to
2751	penalties as provided for in s. 440.525.
2752	Section 16. Paragraphs (d) and (i) of subsection (1) and
2753	subsections (2), (6), (7), (8), (9), (10), (11), (17), and (25)
2754	of section 440.134, Florida Statutes, are amended to read:
2755	440.134 Workers' compensation managed care arrangement.--
2756	(1) As used in this section, the term:
2757	(d) “Grievance" means a written complaint, other than a
2758	petition for benefits, filed by the injured worker pursuant to
2759	the requirements of the managed care arrangement, expressing
2760	dissatisfaction with the medical care provided by aninsurer's
2761	workers' compensation managed care arrangement’s refusal to
2762	provide medical care or the medical care providedarrangement
2763	health care providers, expressed in writing by an injured
2764	worker.
2765	(i) "Medical care coordinator" means a primary care
2766	provider within a provider network who is responsible for
2767	managing the medical care of an injured worker including
2768	determining other health care providers and health care
2769	facilities to which the injured employee will be referred for
2770	evaluation or treatment. A medical care coordinator shall be a
2771	physician licensed under chapter 458,oran osteopathic
2772	physician licensed under chapter 459, a chiropractic physician
2773	licensed under chapter 460, or a podiatric physician licensed
2774	under chapter 461.
2775	(2)(a) The self-insured employer or carrier may, subject
2776	to the terms and limitations specified elsewhere in this section
2777	and chapter, furnish to the employee solely through managed care
2778	arrangements such medically necessary remedial treatment, care,
2779	and attendance for such period as the nature of the injury or
2780	the process of recovery requires and which shall be in
2781	accordance with practice parameters and protocols established
2782	pursuant to this chapter. For any self-insured employer or
2783	carrier who elects to deliver the medical benefits required by
2784	this chapter through a method other than a workers' compensation
2785	managed care arrangement, the discontinuance of the use of the
2786	workers' compensation managed care arrangement shall be without
2787	regard to the date of the accident, notwithstanding any other
2788	provision of law or rule.
2789	(b) The agency shall authorize an insurer to offer or
2790	utilize a workers' compensation managed care arrangement after
2791	the insurer files a completed application along with the payment
2792	of a $1,000 application fee, and upon the agency's being
2793	satisfied that the applicant has the ability to provide quality
2794	of care consistent with the prevailing professional standards of
2795	care and the insurer and its workers' compensation managed care
2796	arrangement otherwise meets the requirements of this section. No
2797	insurer may offer or utilize a managed care arrangement without
2798	such authorization. The authorization, unless sooner suspended
2799	or revoked, shall automatically expire 2 years after the date of
2800	issuance unless renewed by the insurer. The authorization shall
2801	be renewed upon application for renewal and payment of a renewal
2802	fee of $1,000, provided that the insurer is in compliance with
2803	the requirements of this section and any rules adopted
2804	hereunder. An application for renewal of the authorization shall
2805	be made 90 days prior to expiration of the authorization, on
2806	forms provided by the agency. Renewal application shall not
2807	require the resubmission of any documents previously filed with
2808	the agency if such documents have remained valid and unchanged
2809	since their original filing.
2810	(6) The proposed managed care plan of operation must
2811	include:
2812	(a) A statement or map providing a clear description of
2813	the service area.
2814	(b) A description of the grievance procedure to be used.
2815	(c) A description of the quality assurance program which
2816	assures that the health care services provided to workers shall
2817	be rendered under reasonable standards of quality of care
2818	consistent with the prevailing standards of medical practice in
2819	the medical community. The program shall include, but not be
2820	limited to:
2821	1. A written statement of goals and objectives that
2822	stresses health and return-to-work outcomes as the principal
2823	criteria for the evaluation of the quality of care rendered to
2824	injured workers.
2825	2. A written statement describing how methodology has been
2826	incorporated into an ongoing system for monitoring of care that
2827	is individual case oriented and, when implemented, can provide
2828	interpretation and analysis of patterns of care rendered to
2829	individual patients by individual providers.
2830	3. Written procedures for taking appropriate remedial
2831	action whenever, as determined under the quality assurance
2832	program, inappropriate or substandard services have been
2833	provided or services that should have been furnished have not
2834	been provided.
2835	4. A written plan, which includes ongoing review, for
2836	providing review of physicians and other licensed medical
2837	providers.
2838	5. Appropriate financial incentives to reduce service
2839	costs and utilization without sacrificing the quality of
2840	service.
2841	6. Adequate methods of peer review and utilization review.
2842	The utilization review process shall include a health care
2843	facility'sfacilitiesprecertification mechanism, including, but
2844	not limited to, all elective admissions and nonemergency
2845	surgeries and adherence to practice parameters and protocols
2846	established in accordance with this chapter.
2847	7. Provisions for resolution of disputes arising between a
2848	health care provider and an insurer regarding reimbursements and
2849	utilization review.
2850	8. Availability of a process for aggressive medical care
2851	coordination, as well as a program involving cooperative efforts
2852	by the workers, the employer, and the workers' compensation
2853	managed care arrangement to promote early return to work for
2854	injured workers.
2855	9. A written plan allowing for the independent medical
2856	examination provided for in s. 440.13(5). Notwithstanding any
2857	provision to the contrary, the costs for the independent medical
2858	examination shall be paid by the carrier if such examination is
2859	performed by a physician in the provider network. Otherwise,
2860	such costs shall be paid in accordance with s. 440.13(5). An
2861	independent medical examination requested by a claimant and paid
2862	for by the carrier shall constitute the claimant’s one
2863	independent medical examination per accident under s. 440.13(5).
2864	A process allowing employees to obtain one second medical
2865	opinion in the same specialty and within the provider network
2866	during the course of treatment for a work-related injury.
2867	10. A provision for the selection of a primary care
2868	provider by the employee from among primary providers in the
2869	provider network.
2870	11. The written information proposed to be used by the
2871	insurer to comply with subparagraph 8.
2872	(7) Written procedures to provide the insurer with timely
2873	medical records and information including, but not limited to,
2874	work status, work restrictions, date of maximum medical
2875	improvement, permanent impairment ratings, and other information
2876	as required, including information demonstrating compliance with
2877	the practice parameters and protocols of treatment established
2878	pursuant to this chapter.
2879	(8) Evidence that appropriate health care providers and
2880	administrative staff of the insurer's workers' compensation
2881	managed care arrangement have received training and education on
2882	the provisions of this chapter;andthe administrative rules
2883	that govern the provision of remedial treatment, care, and
2884	attendance of injured workers; and the practice parameters and
2885	protocols of treatment established pursuant to this chapter.
2886	(9) Written procedures and methods to prevent
2887	inappropriate or excessive treatment that are in accordance with
2888	the practice parameters and protocols of treatment established
2889	pursuant to this chapter.
2890	(10) Written procedures and methods for the management of
2891	an injured worker's medical care by a medical care coordinator
2892	including:
2893	(a) The mechanism for assuring that covered employees
2894	receive all initial covered services from a primary care
2895	provider participating in the provider network, except for
2896	emergency care.
2897	(b) The mechanism for assuring that all continuing covered
2898	services be received from the same primary care provider
2899	participating in the provider network that provided the initial
2900	covered services, except when services from another provider are
2901	authorized by the medical care coordinator pursuant to paragraph
2902	(d).
2903	(c) The policies and procedures for allowing an employee
2904	one change to another provider within the same specialty and
2905	provider network as the authorized treating physician during the
2906	course of treatment for a work-related injury, in accordance
2907	with the procedures provided in s. 440.13(2)(f), if a request is
2908	made to the medical care coordinator by the employee; and
2909	requiring that special provision be made for more than one such
2910	referral through the arrangement's grievance procedures.
2911	(d) The process for assuring that all referrals authorized
2912	by a medical care coordinator, in accordance with the practice
2913	parameters and protocols of treatment established pursuant to
2914	this chapter,are made to the participating network providers,
2915	unless medically necessary treatment, care, and attendance are
2916	not available and accessible to the injured worker in the
2917	provider network.
2918	(e) Assignment of a medical care coordinator licensed
2919	under chapter 458 or chapter 459 to manage care by physicians
2920	licensed under chapter 458 or chapter 459, a medical care
2921	coordinator licensed under chapter 460 to manage care by
2922	physicians licensed under chapter 460, and a medical care
2923	coordinator licensed under chapter 461 to manage care by
2924	physicians licensed under chapter 461 upon request by an injured
2925	employee for care by a physician licensed under chapter 458,
2926	chapter 459, chapter 460, or chapter 461.
2927	(11) A description of the use of workers' compensation
2928	practice parameters and protocols of treatmentfor health care
2929	services when adopted by the agency.
2930	(17) Notwithstanding any other provisions of this chapter,
2931	when a carrier provides medical care through a workers'
2932	compensation managed care arrangement, pursuant to this section,
2933	those workers who are subject to the arrangement must receive
2934	medical services for work-related injuries and diseases as
2935	prescribed in the contract, provided the employer and carrier
2936	have provided notice to the employees of the arrangement in a
2937	manner approved by the agency and the medical services are in
2938	accordance with the practice parameters and protocols
2939	established pursuant to this chapter. Treatment received outside
2940	the workers' compensation managed care arrangement is not
2941	compensable, regardless of the purpose of the treatment,
2942	including, but not limited to, evaluations, examinations, or
2943	diagnostic studies to determine causation between medical
2944	findings and a compensable accident, the existence or extent of
2945	impairments or disabilities, and whether the injured employee
2946	has reached maximum medical improvement,unless authorized by
2947	the carrier prior to the treatment date.
2948	(25) The agency shall adopt rules that specify:
2949	(a) Procedures for authorization and examination of
2950	workers' compensation managed care arrangements by the agency.
2951	(b) Requirements and procedures for authorization of
2952	workers' compensation arrangement provider networks and
2953	procedures for the agency to grant exceptions from accessibility
2954	of services.
2955	(c) Requirements and procedures for case management,
2956	utilization management, and peer review.
2957	(d) Requirements and procedures for quality assurance and
2958	medical records.
2959	(e) Requirements and procedures for dispute resolution in
2960	conformance with this chapter.
2961	(f) Requirements and procedures for employee and provider
2962	education.
2963	(g) Requirements and procedures for reporting data
2964	regarding grievances, return-to-work outcomes, and provider
2965	networks.
2966	Section 17. Subsections (1) and (4)and paragraph (b) of
2967	subsection (5) of section 440.14, Florida Statutes, are amended
2968	to read:
2969	440.14 Determination of pay.--
2970	(1) Except as otherwise provided in this chapter, the
2971	average weekly wages of the injured employee on the date of the
2972	accidentat the time of the injuryshall be taken as the basis
2973	upon which to compute compensation and shall be determined,
2974	subject to the limitations of s. 440.12(2), as follows:
2975	(a) If the injured employee has worked in the employment
2976	in which she or he was working on the date of the accidentat
2977	the time of the injury, whether for the same or another
2978	employer, during substantially the whole of 13 weeks immediately
2979	preceding the accidentinjury, her or his average weekly wage
2980	shall be one-thirteenth of the total amount of wages earned in
2981	such employment during the 13 weeks. As used in this paragraph,
2982	the term "substantially the whole of 13 weeks" means the
2983	calendarshall be deemed to mean and refer to a constructive
2984	period of 13 weeks as a whole, which shall be defined as the 13
2985	calendar weeks before the date of the accident, excluding the
2986	week during which the accident occurred.a consecutive period of
2987	91 days, andThe term "during substantially the whole of 13
2988	weeks" shall be deemed to mean during not less than 7590
2989	percent of the total customary full-timehours of employment
2990	within such period considered as a whole.
2991	(b) If the injured employee has not worked in such
2992	employment during substantially the whole of 13 weeks
2993	immediately preceding the accidentinjury, the wages of a
2994	similar employee in the same employment who has worked
2995	substantially the whole of such 13 weeks shall be used in making
2996	the determination under the preceding paragraph.
2997	(c) If an employee is a seasonal worker and the foregoing
2998	method cannot be fairly applied in determining the average
2999	weekly wage, then the employee may use, instead of the 13 weeks
3000	immediately preceding the accidentinjury, the calendar year or
3001	the 52 weeks immediately preceding the accidentinjury. The
3002	employee will have the burden of proving that this method will
3003	be more reasonable and fairer than the method set forth in
3004	paragraphs (a) and (b) and, further, must document prior
3005	earnings with W-2 forms, written wage statements, or income tax
3006	returns. The employer shall have 30 days following the receipt
3007	of this written proof to adjust the compensation rate, including
3008	the making of any additional payment due for prior weekly
3009	payments, based on the lower rate compensation.
3010	(d) If any of the foregoing methods cannot reasonably and
3011	fairly be applied, the full-time weekly wages of the injured
3012	employee shall be used, except as otherwise provided in
3013	paragraph (e) or paragraph (f).
3014	(e) If it is established that the injured employee was
3015	under 22 years of age when the accident occurredinjuredand
3016	that under normal conditions her or his wages should be expected
3017	to increase during the period of disability, the fact may be
3018	considered in arriving at her or his average weekly wages.
3019	(f) If it is established that the injured employee was a
3020	part-time worker on the date of the accidentat the time of the
3021	injury, that she or he had adopted part-time employment as a
3022	customary practice, and that under normal working conditions she
3023	or he probably would have remained a part-time worker during the
3024	period of disability, these factors shall be considered in
3025	arriving at her or his average weekly wages. For the purpose of
3026	this paragraph, the term "part-time worker" means an individual
3027	who customarily works less than the full-time hours or full-time
3028	workweek of a similar employee in the same employment.
3029	(g) If compensation is due for a fractional part of the
3030	week, the compensation for such fractional part shall be
3031	determined by dividing the weekly compensation rate by the
3032	number of days employed per week to compute the amount due for
3033	each day.
3034	(4) Upon termination of the employee or upon termination
3035	of the payment of fringe benefits of any employee who is
3036	collecting indemnity benefits pursuant to s. 440.15(2) or
3037	(3)(b), the employer shall within 7 days of such termination
3038	file a corrected 13-week wage statement reflecting the wages
3039	paid and the fringe benefits that had been paid to the injured
3040	employee, as provided in s. 440.02(27).
3041	(5)
3042	(b) The employee waives any entitlement to interest,
3043	penalties, and attorney's fees during the period in which the
3044	employee has not provided information concerning the loss of
3045	earnings from concurrent employment. Carriers are not subject to
3046	penalties by the division under s. 440.20(8)(b) and (c)for
3047	unpaid compensation related to concurrent employment during the
3048	period in which the employee has not provided information
3049	concerning the loss of earnings from concurrent employment.
3050	Section 18. Section 440.15, Florida Statutes, is amended
3051	to read:
3052	440.15 Compensation for disability.-- Compensation for
3053	disability shall be paid to the employee, subject to the limits
3054	provided in s. 440.12(2), as follows:
3055	(1) PERMANENT TOTAL DISABILITY.--
3056	(a) In case of total disability adjudged to be permanent,
3057	662/3 percent of the average weekly wages shall be paid to the
3058	employee during the continuance of such total disability.
3059	(b) Only A catastrophic injury as defined in s. 440.02(38)
3060	shall, in the absence of conclusive proof of a substantial
3061	earning capacity, constitute permanent total disability. In all
3062	other cases, no compensation shall be payable under paragraph
3063	(a) if the employee is engaged in, or is physically capable of
3064	engaging in at least sedentary employment. In order to obtain
3065	permanent total disability benefits, the employee must establish
3066	that he or she is not able uninterruptedly to engage in at least
3067	sedentary employment, within a 50-mile radius of the employee’s
3068	residence, due to his or her physical limitation. Such benefits
3069	shall be payable until the employee reaches age 75,
3070	notwithstanding any age limits. If the accident occurred on or
3071	after the employee reaches age 70, benefits shall be payable
3072	during the continuance of permanent total disability, not to
3073	exceed 5 years following the determination of permanent total
3074	disability. Only claimants with catastrophic injuries or
3075	claimants who are incapable of engaging in employment, as
3076	described in this paragraph,are eligible for permanent total
3077	benefits. In no other case may permanent total disability be
3078	awarded.
3079	(c) In cases of permanent total disability resulting from
3080	injuries that occurred prior to July 1, 1955, such payments
3081	shall not be made in excess of 700 weeks.
3082	(d) If an employee who is being paid compensation for
3083	permanent total disability becomes rehabilitated to the extent
3084	that she or he establishes an earning capacity, the employee
3085	shall be paid, instead of the compensation provided in paragraph
3086	(a), benefits pursuant to subsection (3). The department shall
3087	adopt rules to enable a permanently and totally disabled
3088	employee who may have reestablished an earning capacity to
3089	undertake a trial period of reemployment without prejudicing her
3090	or his return to permanent total status in the case that such
3091	employee is unable to sustain an earning capacity.
3092	(e)1. The employer's or carrier's right to conduct
3093	vocational evaluations or testing by the employer's or carrier's
3094	chosen rehabilitation advisor or providerpursuant to s. 440.491
3095	continues even after the employee has been accepted or
3096	adjudicated as entitled to compensation under this chapter and
3097	costs for such evaluations and testing shall be borne by the
3098	employer or carrier, respectively. This right includes, but is
3099	not limited to, instances in which such evaluations or tests are
3100	recommended by a treating physician or independent medical-
3101	examination physician, instances warranted by a change in the
3102	employee's medical condition, or instances in which the employee
3103	appears to be making appropriate progress in recuperation. This
3104	right may not be exercised more than once every calendar year.
3105	2. The carrier must confirm the scheduling of the
3106	vocational evaluation or testing in writing, and must notify the
3107	employee and theemployee's counsel, if any, at least 7 days
3108	before the date on which vocational evaluation or testing is
3109	scheduled to occur.
3110	3. Pursuant to an order of the judge of compensation
3111	claims,The employer or carrier may withhold payment of benefits
3112	for permanent total disability or supplements for any period
3113	during which the employee willfully fails or refuses to appear
3114	without good cause for the scheduled vocational evaluation or
3115	testing.
3116	(f)1. If permanent total disability results from injuries
3117	that occurred subsequent to June 30, 1955, and for which the
3118	liability of the employer for compensation has not been
3119	discharged under s. 440.20(11), the injured employee shall
3120	receive additional weekly compensation benefits equal to 5
3121	percent of her or his weekly compensation rate, as established
3122	pursuant to the law in effect on the date of her or his injury,
3123	multiplied by the number of calendar years since the date of
3124	injury. The weekly compensation payable and the additional
3125	benefits payable under this paragraph, when combined, may not
3126	exceed the maximum weekly compensation rate in effect at the
3127	time of payment as determined pursuant to s. 440.12(2).
3128	Entitlement to These supplemental payments shall not be paid or
3129	payable after the employee attainscease at age 62, regardless
3130	of whetherif the employee has applied for or is eligible to
3131	applyis eligiblefor social security benefits under 42 U.S.C.
3132	ss. 402 and 423, whether or not the employee has applied for
3133	such benefits. These supplemental benefits shall be paid by the
3134	department out of the Workers' Compensation Administration Trust
3135	Fund when the injury occurred subsequent to June 30, 1955, and
3136	before July 1, 1984. These supplemental benefits shall be paid
3137	by the employer when the injury occurred on or after July 1,
3138	1984. Supplemental benefits are not payable for any period prior
3139	to October 1, 1974.
3140	2.a. The department shall provide by rule for the periodic
3141	reporting to the department of all earnings of any nature and
3142	social security income by the injured employee entitled to or
3143	claiming additional compensation under subparagraph 1. Neither
3144	the department nor the employer or carrier shall make any
3145	payment of those additional benefits provided by subparagraph 1.
3146	for any period during which the employee willfully fails or
3147	refuses to report upon request by the department in the manner
3148	prescribed by such rules.
3149	b. The department shall provide by rule for the periodic
3150	reporting to the employer or carrier of all earnings of any
3151	nature and social security income by the injured employee
3152	entitled to or claiming benefits for permanent total disability.
3153	The employer or carrier is not required to make any payment of
3154	benefits for permanent total disability for any period during
3155	which the employee willfully fails or refuses to report upon
3156	request by the employer or carrier in the manner prescribed by
3157	such rules or if any employee who is receiving permanent total
3158	disability benefits refuses to apply for or cooperate with the
3159	employer or carrier in applying for social security benefits.
3160	3. When an injured employee receives a full or partial
3161	lump-sum advance of the employee's permanent total disability
3162	compensation benefits, the employee's benefits under this
3163	paragraph shall be computed on the employee's weekly
3164	compensation rate as reduced by the lump-sum advance.
3165	(2) TEMPORARY TOTAL DISABILITY.--
3166	(a) Subject to subsection (7),in case of disability total
3167	in character but temporary in quality, 662/3 percent of the
3168	average weekly wages shall be paid to the employee during the
3169	continuance thereof, not to exceed 104 weeks except as provided
3170	in this subsection, s. 440.12(1), and s. 440.14(3). Once the
3171	employee reaches the maximum number of weeks allowed, or the
3172	employee reaches the date of maximum medical improvement,
3173	whichever occurs earlier, temporary disability benefits shall
3174	cease and the injured worker's permanent impairment shall be
3175	determined.
3176	(b) Notwithstanding the provisions of paragraph (a), an
3177	employee who has sustained the loss of an arm, leg, hand, or
3178	foot, has been rendered a paraplegic, paraparetic, quadriplegic,
3179	or quadriparetic, or has lost the sight of both eyes shall be
3180	paid temporary total disability of 80 percent of her or his
3181	average weekly wage. The increased temporary total disability
3182	compensation provided for in this paragraph must not extend
3183	beyond 6 months from the date of the accident; however, such
3184	benefits shall not be due or payable if the employee is eligible
3185	for, entitled to, or collecting permanent total disability
3186	benefits. The compensation provided by this paragraph is not
3187	subject to the limits provided in s. 440.12(2), but instead is
3188	subject to a maximum weekly compensation rate of $700. If, at
3189	the conclusion of this period of increased temporary total
3190	disability compensation, the employee is still temporarily
3191	totally disabled, the employee shall continue to receive
3192	temporary total disability compensation as set forth in
3193	paragraphs (a) and (c). The period of time the employee has
3194	received this increased compensation will be counted as part of,
3195	and not in addition to, the maximum periods of time for which
3196	the employee is entitled to compensation under paragraph (a) but
3197	not paragraph (c).
3198	(c) Temporary total disability benefits paid pursuant to
3199	this subsection shall include such period as may be reasonably
3200	necessary for training in the use of artificial members and
3201	appliances, and shall include such period as the employee may be
3202	receiving training and education under a program pursuant to s.
3203	440.491. Notwithstanding s. 440.02, the date of maximum medical
3204	improvement for purposes of paragraph (3)(b) shall be no earlier
3205	than the last day for which such temporary disability benefits
3206	are paid.
3207	(d) The department shall, by rule, provide for the
3208	periodic reporting to the department, employer, or carrier of
3209	all earned income, including income from social security, by the
3210	injured employee who is entitled to or claiming benefits for
3211	temporary total disability. The employer or carrier is not
3212	required to make any payment of benefits for temporary total
3213	disability for any period during which the employee willfully
3214	fails or refuses to report upon request by the employer or
3215	carrier in the manner prescribed by the rules. The rule must
3216	require the claimant to personally sign the claim form and
3217	attest that she or he has reviewed, understands, and
3218	acknowledges the foregoing.
3219	(3) PERMANENT IMPAIRMENT AND WAGE-LOSSBENEFITS.--
3220	(a) Impairment benefits.--
3221	1.Once the employee has reached the date of maximum
3222	medical improvement, impairment benefits are due and payable
3223	within 1420days after the carrier has knowledge of the
3224	impairment.
3225	(b)2.The three-member panel, in cooperation with the
3226	department, shall establish and use a uniform permanent
3227	impairment rating schedule. This schedule must be based on
3228	medically or scientifically demonstrable findings as well as the
3229	systems and criteria set forth in the American Medical
3230	Association's Guides to the Evaluation of Permanent Impairment;
3231	the Snellen Charts, published by American Medical Association
3232	Committee for Eye Injuries; and the Minnesota Department of
3233	Labor and Industry Disability Schedules. The schedule must
3234	shouldbe based upon objective findings. The schedule shall be
3235	more comprehensive than the AMA Guides to the Evaluation of
3236	Permanent Impairment and shall expand the areas already
3237	addressed and address additional areas not currently contained
3238	in the guides. On August 1, 1979, and pending the adoption, by
3239	rule, of a permanent schedule, Guides to the Evaluation of
3240	Permanent Impairment, copyright 1977, 1971, 1988, by the
3241	American Medical Association, shall be the temporary schedule
3242	and shall be used for the purposes hereof. For injuries after
3243	July 1, 1990, pending the adoption by rule of a uniform
3244	disability rating agency schedule, the Minnesota Department of
3245	Labor and Industry Disability Schedule shall be used unless that
3246	schedule does not address an injury. In such case, the Guides to
3247	the Evaluation of Permanent Impairment by the American Medical
3248	Association shall be used. Determination of permanent impairment
3249	under this schedule must be made by a physician licensed under
3250	chapter 458, a doctor of osteopathic medicine licensed under
3251	chapters 458 and 459, a chiropractic physician licensed under
3252	chapter 460, a podiatric physician licensed under chapter 461,
3253	an optometrist licensed under chapter 463, or a dentist licensed
3254	under chapter 466, as appropriate considering the nature of the
3255	injury. No other persons are authorized to render opinions
3256	regarding the existence of or the extent of permanent
3257	impairment.
3258	(c)3.All impairment income benefits shall be based on an
3259	impairment rating using the impairment schedule referred to in
3260	paragraph (b)subparagraph 2. Impairment income benefits are
3261	paid biweeklyweekly at the rate of 7550percent of the
3262	employee's average weekly temporary total disability benefit not
3263	to exceed the maximum weekly benefit under s. 440.12; provided,
3264	however, that such benefits shall be reduced by 50 percent for
3265	each week in which the employee has earned income equal to or in
3266	excess of the employee’s average weekly wage. An employee's
3267	entitlement to impairment income benefits begins the day after
3268	the employee reaches maximum medical improvement or the
3269	expiration of temporary benefits, whichever occurs earlier, and
3270	continues until the earlier of:
3271	1.a.The expiration of a period computed at the rate of 3
3272	weeks for each percentage point of impairment; or
3273	2.b.The death of the employee.
3274
3275	Impairment income benefits as defined by this subsection are
3276	payable only for impairment ratings for physical impairments. If
3277	objective medical findings can substantiate a permanent
3278	psychiatric impairment resulting from the accident, permanent
3279	impairment benefits are limited for the permanent psychiatric
3280	impairment to 1-percent permanent impairment.
3281	(d)4.After the employee has been certified by a doctor as
3282	having reached maximum medical improvement or 6 weeks before the
3283	expiration of temporary benefits, whichever occurs earlier, the
3284	certifying doctor shall evaluate the condition of the employee
3285	and assign an impairment rating, using the impairment schedule
3286	referred to in paragraph (b)subparagraph 2. Compensation is not
3287	payable for the mental, psychological, or emotional injury
3288	arising out of depression from being out of work.If the
3289	certification and evaluation are performed by a doctor other
3290	than the employee's treating doctor, the certification and
3291	evaluation must be submitted to the treating doctor, the
3292	employee, and the carrier within 10 days after the evaluation.
3293	and The treating doctor must indicate to the carrieragreement
3294	or disagreement with the other doctor’scertification and
3295	evaluation.
3296	1.The certifying doctor shall issue a written report to
3297	the department, the employee,and the carrier certifying that
3298	maximum medical improvement has been reached, stating the
3299	impairment rating to the body as a whole, and providing any
3300	other information required by the department by rule. The
3301	carrier shall establish an overall maximum medical improvement
3302	date and permanent impairment rating, based upon all such
3303	reports.
3304	2. Within 14 days after the carrier’s knowledge of each
3305	maximum medical improvement date and impairment rating to the
3306	body as a whole upon which the carrier is paying benefits, the
3307	carrier shall report such maximum medical improvement date and,
3308	when determined, the overall maximum medical improvement date
3309	and associated impairment rating to the department in a format
3310	as set forth in department rule.If the employee has not been
3311	certified as having reached maximum medical improvement before
3312	the expiration of 98102 weeks after the date temporary total
3313	disability benefits begin to accrue, the carrier shall notify
3314	the treating doctor of the requirements of this section.
3315	(e)5. The carrier shall pay the employee impairment income
3316	benefits for a period based on the impairment rating.
3317	(f)6. The department may by rule specify forms and
3318	procedures governing the method of payment of wage loss and
3319	impairment benefits under this sectionfor dates of accidents
3320	before January 1, 1994, and for dates of accidents on or after
3321	January 1, 1994.
3322	(b) Supplemental benefits.--
3323	1. All supplemental benefits must be paid in accordance
3324	with this subsection. An employee is entitled to supplemental
3325	benefits as provided in this paragraph as of the expiration of
3326	the impairment period, if:
3327	a. The employee has an impairment rating from the
3328	compensable injury of 20 percent or more as determined pursuant
3329	to this chapter;
3330	b. The employee has not returned to work or has returned
3331	to work earning less than 80 percent of the employee's average
3332	weekly wage as a direct result of the employee's impairment; and
3333	c. The employee has in good faith attempted to obtain
3334	employment commensurate with the employee's ability to work.
3335	2. If an employee is not entitled to supplemental benefits
3336	at the time of payment of the final weekly impairment income
3337	benefit because the employee is earning at least 80 percent of
3338	the employee's average weekly wage, the employee may become
3339	entitled to supplemental benefits at any time within 1 year
3340	after the impairment income benefit period ends if:
3341	a. The employee earns wages that are less than 80 percent
3342	of the employee's average weekly wage for a period of at least
3343	90 days;
3344	b. The employee meets the other requirements of
3345	subparagraph 1.; and
3346	c. The employee's decrease in earnings is a direct result
3347	of the employee's impairment from the compensable injury.
3348	3. If an employee earns wages that are at least 80 percent
3349	of the employee's average weekly wage for a period of at least
3350	90 days during which the employee is receiving supplemental
3351	benefits, the employee ceases to be entitled to supplemental
3352	benefits for the filing period. Supplemental benefits that have
3353	been terminated shall be reinstated when the employee satisfies
3354	the conditions enumerated in subparagraph 2. and files the
3355	statement required under subparagraph 4. Notwithstanding any
3356	other provision, if an employee is not entitled to supplemental
3357	benefits for 12 consecutive months, employee ceases to be
3358	entitled to any additional income benefits for the compensable
3359	injury. If the employee is discharged within 12 months after
3360	losing entitlement under this subsection, benefits may be
3361	reinstated if the employee was discharged at that time with the
3362	intent to deprive the employee of supplemental benefits.
3363	4. After the initial determination of supplemental
3364	benefits, the employee must file a statement with the carrier
3365	stating that the employee has earned less than 80 percent of the
3366	employee's average weekly wage as a direct result of the
3367	employee's impairment, stating the amount of wages the employee
3368	earned in the filing period, and stating that the employee has
3369	in good faith sought employment commensurate with the employee's
3370	ability to work. The statement must be filed quarterly on a form
3371	and in the manner prescribed by the department. The department
3372	may modify the filing period as appropriate to an individual
3373	case. Failure to file a statement relieves the carrier of
3374	liability for supplemental benefits for the period during which
3375	a statement is not filed.
3376	5. The carrier shall begin payment of supplemental
3377	benefits not later than the seventh day after the expiration
3378	date of the impairment income benefit period and shall continue
3379	to timely pay those benefits. The carrier may request a
3380	mediation conference for the purpose of contesting the
3381	employee's entitlement to or the amount of supplemental income
3382	benefits.
3383	6. Supplemental benefits are calculated quarterly and paid
3384	monthly. For purposes of calculating supplemental benefits, 80
3385	percent of the employee's average weekly wage and the average
3386	wages the employee has earned per week are compared quarterly.
3387	For purposes of this paragraph, if the employee is offered a
3388	bona fide position of employment that the employee is capable of
3389	performing, given the physical condition of the employee and the
3390	geographic accessibility of the position, the employee's weekly
3391	wages are considered equivalent to the weekly wages for the
3392	position offered to the employee.
3393	7. Supplemental benefits are payable at the rate of 80
3394	percent of the difference between 80 percent of the employee's
3395	average weekly wage determined pursuant to s. 440.14 and the
3396	weekly wages the employee has earned during the reporting
3397	period, not to exceed the maximum weekly income benefit under s.
3398	440.12.
3399	8. The department may by rule define terms that are
3400	necessary for the administration of this section and forms and
3401	procedures governing the method of payment of supplemental
3402	benefits for dates of accidents before January 1, 1994, and for
3403	dates of accidents on or after January 1, 1994.
3404	(c) Duration of temporary impairment and supplemental
3405	income benefits.-- The employee's eligibility for temporary
3406	benefits, impairment income benefits, and supplemental benefits
3407	terminates on the expiration of 401 weeks after the date of
3408	injury.
3409	(g) Notwithstanding paragraph (c), for accidents occurring
3410	on or after October 1, 2003, an employee's entitlement to
3411	impairment income benefits begins the day after the employee
3412	reaches maximum medical improvement or the expiration of
3413	temporary benefits, whichever occurs earlier, and continues for
3414	the following periods:
3415	1. Two weeks of benefits are to be paid to the employee
3416	for each percentage point of impairment from 1 percent up to and
3417	including 10 percent.
3418	2. For each percentage point of impairment from 11 percent
3419	up to and including 15 percent, 3 weeks of benefits are to be
3420	paid.
3421	3. For each percentage point of impairment from 16 percent
3422	up to and including 20 percent, 4 weeks of benefits are to be
3423	paid.
3424	4. For each percentage point of impairment from 21 percent
3425	and higher, 6 weeks of benefits are to be paid.
3426	(4) TEMPORARY PARTIAL DISABILITY.--
3427	(a) Subject to subsection (7),in case of temporary
3428	partial disability, compensation shall be equal to 80 percent of
3429	the difference between 80 percent of the employee's average
3430	weekly wage and the salary, wages, and other remuneration the
3431	employee is able to earn post injury, as compared weekly;
3432	however, the weekly temporary partial disabilitybenefits may
3433	not exceed an amount equal to 66 2/3 percent of the employee's
3434	average weekly wage at the time of accidentinjury. In order to
3435	simplify the comparison of the preinjury average weekly wage
3436	with the salary, wages, and other remuneration the employee is
3437	able to earn post injury, the department may by rule provide for
3438	payment of the initial installment of temporary partial
3439	disability benefits to be paid as a partial week so that payment
3440	for remaining weeks of temporary partial disability canthe
3441	modification of the weekly comparison so as tocoincide as
3442	closely as possible with the post injury employer’s work week
3443	injured worker's pay periods. The amount determined to be the
3444	salary, wages, and other remuneration the employee is able to
3445	earn shall in no case be less than the sum actually being earned
3446	by the employee, including earnings from sheltered employment.
3447	Benefits shall be payable under this subsection only if overall
3448	maximum medical improvement has not been reached and the medical
3449	conditions resulting from the accident create restrictions on
3450	the injured employee’s ability to return to work.
3451	(b) Within 5 business days after the carrier’s knowledge
3452	of the employee’s release to restricted work, the carrier shall
3453	mail to the employee and employer an informational letter,
3454	adopted by department rule, explaining the employee’s possible
3455	eligibility and responsibilities for temporary partial
3456	disability benefits.
3457	(c) When an employee returns to work with the restrictions
3458	resulting from the accident and is earning wages less than 80
3459	percent of the preinjury average weekly wage, the first
3460	installment of temporary partial disability benefits is due 7
3461	days after the last date of the post injury employer’s first
3462	biweekly work week. Thereafter, payment for temporary partial
3463	benefits shall be paid biweekly no later than the 7th day
3464	following the last day of each biweekly work week.
3465	(d) If the employee is unable to return to work with the
3466	restrictions resulting from the accident and is not earning
3467	wages, salary, or other remuneration, temporary partial
3468	disability benefits shall be paid no later than the last day of
3469	each biweekly period. The employee shall notify the carrier
3470	within 5 business days after returning to work. Failure to
3471	notify the carrier of the establishment of an earning capacity
3472	in the required time shall result in a suspension or nonpayment
3473	of temporary partial disability benefits until the proper
3474	notification is provided.
3475	(e)(b)Such benefits shall be paid during the continuance
3476	of such disability, not to exceed a period of 104 weeks, as
3477	provided by this subsection and subsection (2). Once the injured
3478	employee reaches the maximum number of weeks, temporary
3479	disability benefits cease and the injured worker's permanent
3480	impairment must be determined. If the employee is terminated
3481	from post injury employment based on the employee’s misconduct,
3482	temporary partial disability benefits are not payable as
3483	provided for in this section. The department shallmayby rule
3484	specify forms and procedures governing the method and time for
3485	ofpayment of temporary disability benefits for dates of
3486	accidents before January 1, 1994, and for dates of accidents on
3487	or after January 1, 1994.
3488	(5) SUBSEQUENT INJURY.--
3489	(a) The fact that an employee has suffered previous
3490	disability, impairment, anomaly, or disease, or received
3491	compensation therefor, shall not preclude her or him from
3492	benefits, as specified in paragraph (b),for a subsequent
3493	aggravation or acceleration of the preexisting condition ornor
3494	preclude benefits for death resulting therefrom, except that no
3495	benefits shall be payable if the employee, at the time of
3496	entering into the employment of the employer by whom the
3497	benefits would otherwise be payable, falsely represents herself
3498	or himself in writing as not having previously been disabled or
3499	compensated because of such previous disability, impairment,
3500	anomaly, or disease and the employer detrimentally relies on the
3501	misrepresentation. Compensation for temporary disability,
3502	medical benefits, and wage-loss benefitsshall not be subject to
3503	apportionment.
3504	(b) If a compensable injury, disability, or need for
3505	medical carepermanent impairment, or any portion thereof, is a
3506	result of aggravation or acceleration of a preexisting
3507	condition, or is the result of merger with a preexisting
3508	condition, only the disabilities and medical treatment
3509	associated with such compensable injury shall be payable under
3510	this chapter, excluding the degree of disability or medical
3511	conditions existing at the time of the impairment rating or at
3512	the time of the accident, regardless of whether the preexisting
3513	condition was disabling at the time of the accident or at the
3514	time of the impairment rating and without considering whether
3515	the preexisting condition would be disabling without the
3516	compensable accidentimpairment, an employee eligible to receive
3517	impairment benefits under paragraph (3)(a) shall receive such
3518	benefits for the total impairment found to result, excluding the
3519	degree of impairment existing at the time of the subject
3520	accident or injury or which would have existed by the time of
3521	the impairment rating without the intervention of the
3522	compensable accident or injury. The degree of permanent
3523	impairment or disabilityattributable to the accident or injury
3524	shall be compensated in accordance with this section,
3525	apportioning out the preexisting condition based on the
3526	anatomical impairment rating attributable to the preexisting
3527	condition. Medical benefits shall be paid apportioning out the
3528	percentage of the need for such care attributable to the
3529	preexisting conditionparagraph (3)(a). As used in this
3530	paragraph, "merger" means the combining of a preexisting
3531	permanent impairment or disabilitywith a subsequent compensable
3532	permanent impairment or disabilitywhich, when the effects of
3533	both are considered together, result in a permanent impairment
3534	or disabilityrating which is greater than the sum of the two
3535	permanent impairment or disability ratings when each impairment
3536	or disability is considered individually.
3537	(6) OBLIGATION TO REHIRE.-- If the employer has not in
3538	good faith made available to the employee, within a 100-mile
3539	radius of the employee's residence, work appropriate to the
3540	employee's physical limitations within 30 days after the carrier
3541	notifies the employer of maximum medical improvement and the
3542	employee's physical limitations, the employer shall pay to the
3543	department for deposit into the Workers' Compensation
3544	Administration Trust Fund a fine of $250 for every $5,000 of the
3545	employer's workers' compensation premium or payroll, not to
3546	exceed $2,000 per violation, as the department requires by rule.
3547	The employer is not subject to this subsection if the employee
3548	is receiving permanent total disability benefits or if the
3549	employer has 50 or fewer employees.
3550	(6)(7)EMPLOYEE REFUSES EMPLOYMENT.--If an injured
3551	employee refuses employment suitable to the capacity thereof,
3552	offered to or procured therefor, such employee shall not be
3553	entitled to any compensation at any time during the continuance
3554	of such refusal unless at any time in the opinion of the judge
3555	of compensation claims such refusal is justifiable. Time periods
3556	for the payment of benefits in accordance with this section
3557	shall be counted in determining the limitation of benefits as
3558	provided for in paragraphs (2)(a), (3)(c), and (4)(b).
3559	(7)(8)EMPLOYEE LEAVES EMPLOYMENT.-- If an injured
3560	employee, when receiving compensation for temporary partial
3561	disability, leaves the employment of the employer by whom she or
3562	he was employed at the time of the accident for which such
3563	compensation is being paid, the employee shall, upon securing
3564	employment elsewhere, give to such former employer an affidavit
3565	in writing containing the name of her or his new employer, the
3566	place of employment, and the amount of wages being received at
3567	such new employment; and, until she or he gives such affidavit,
3568	the compensation for temporary partial disability will cease.
3569	The employer by whom such employee was employed at the time of
3570	the accident for which such compensation is being paid may also
3571	at any time demand of such employee an additional affidavit in
3572	writing containing the name of her or his employer, the place of
3573	her or his employment, and the amount of wages she or he is
3574	receiving; and if the employee, upon such demand, fails or
3575	refuses to make and furnish such affidavit, her or his right to
3576	compensation for temporary partial disability shall cease until
3577	such affidavit is made and furnished. If the employee leaves her
3578	or his employment while receiving temporary partial benefits
3579	without just cause as determined by the judge of compensation
3580	claims, temporary partial benefits shall be payable based on the
3581	deemed earnings of the employee as if she or he had remained
3582	employed.
3583	(8)(9)EMPLOYEE BECOMES INMATE OF INSTITUTION.--In case an
3584	employee becomes an inmate of a public institution, then no
3585	compensation shall be payable unless she or he has dependent
3586	upon her or him for support a person or persons defined as
3587	dependents elsewhere in this chapter, whose dependency shall be
3588	determined as if the employee were deceased and to whom
3589	compensation would be paid in case of death; and such
3590	compensation as is due such employee shall be paid such
3591	dependents during the time she or he remains such inmate.
3592	(9)(10)EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
3593	AND FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.--
3594	(a) Weekly compensation benefits payable under this
3595	chapter for disability resulting from injuries to an employee
3596	who becomes eligible for benefits under 42 U.S.C. s. 423 shall
3597	be reduced to an amount whereby the sum of such compensation
3598	benefits payable under this chapter and such total benefits
3599	otherwise payable for such period to the employee and her or his
3600	dependents, had such employee not been entitled to benefits
3601	under this chapter, under 42 U.S.C. ss. 402 and 423, does not
3602	exceed 80 percent of the employee's average weekly wage.
3603	However, this provision shall not operate to reduce an injured
3604	worker's benefits under this chapter to a greater extent than
3605	such benefits would have otherwise been reduced under 42 U.S.C.
3606	s. 424(a). This reduction of compensation benefits is not
3607	applicable to any compensation benefits payable for any week
3608	subsequent to the week in which the injured worker reaches the
3609	age of 62 years.
3610	(b) If the provisions of 42 U.S.C. s. 424(a) are amended
3611	to provide for a reduction or increase of the percentage of
3612	average current earnings that the sum of compensation benefits
3613	payable under this chapter and the benefits payable under 42
3614	U.S.C. ss. 402 and 423 can equal, the amount of the reduction of
3615	benefits provided in this subsection shall be reduced or
3616	increased accordingly. The department may by rule specify forms
3617	and procedures governing the method for calculating and
3618	administering the offset of benefits payable under this chapter
3619	and benefits payable under 42 U.S.C. ss. 402 and 423. The
3620	department shall have first priority in taking any available
3621	social security offsets on dates of accidents occurring before
3622	July 1, 1984.
3623	(c) No disability compensation benefits payable for any
3624	week, including those benefits provided by paragraph (1)(f),
3625	shall be reduced pursuant to this subsection until the Social
3626	Security Administration determines the amount otherwise payable
3627	to the employee under 42 U.S.C. ss. 402 and 423 and the employee
3628	has begun receiving such social security benefit payments. The
3629	employee shall, upon demand by the department, the employer, or
3630	the carrier, authorize the Social Security Administration to
3631	release disability information relating to her or him and
3632	authorize the Division of Unemployment Compensation to release
3633	unemployment compensation information relating to her or him, in
3634	accordance with rules to be adopted by the department
3635	prescribing the procedure and manner for requesting the
3636	authorization and for compliance by the employee. Neither the
3637	department nor the employer or carrier shall make any payment of
3638	benefits for total disability or those additional benefits
3639	provided by paragraph (1)(f) for any period during which the
3640	employee willfully fails or refuses to authorize the release of
3641	information in the manner and within the time prescribed by such
3642	rules. The authority for release of disability information
3643	granted by an employee under this paragraph shall be effective
3644	for a period not to exceed 12 months, such authority to be
3645	renewable as the department may prescribe by rule.
3646	(d) If compensation benefits are reduced pursuant to this
3647	subsection, the minimum compensation provisions of s. 440.12(2)
3648	do not apply.
3649	(10)(11)EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
3650	WHO HAS RECEIVED OR IS ENTITLED TO RECEIVE UNEMPLOYMENT
3651	COMPENSATION.--
3652	(a) No compensation benefits shall be payable for
3653	temporary total disability or permanent total disability under
3654	this chapter for any week in which the injured employee has
3655	received, or is receiving, unemployment compensation benefits.
3656	(b) If an employee is entitled to temporary partial
3657	benefits pursuant to subsection (4) and unemployment
3658	compensation benefits, such unemployment compensation benefits
3659	shall be primary and the temporary partial benefits shall be
3660	supplemental only, the sum of the two benefits not to exceed the
3661	amount of temporary partial benefits which would otherwise be
3662	payable.
3663	(11)(12)FULL-PAY STATUS FOR CERTAIN LAW ENFORCEMENT
3664	OFFICERS.--Any law enforcement officer as defined in s.
3665	943.10(1), (2), or (3) who, while acting within the course of
3666	employment as provided by s. 440.091, is maliciously or
3667	intentionally injured and who thereby sustains a job-connected
3668	disability compensable under this chapter shall be carried in
3669	full-pay status rather than being required to use sick, annual,
3670	or other leave. Full-pay status shall be granted only after
3671	submission to the employing agency's head of a medical report
3672	which gives a current diagnosis of the employee's recovery and
3673	ability to return to work. In no case shall the employee's
3674	salary and workers' compensation benefits exceed the amount of
3675	the employee's regular salary requirements.
3676	(12)(13)REPAYMENT.--If an employee has received a sum as
3677	an indemnity benefit under any classification or category of
3678	benefit under this chapter to which she or he is not entitled,
3679	the employee is liable to repay that sum to the employer or the
3680	carrier or to have that sum deducted from future benefits,
3681	regardless of the classification of benefits, payable to the
3682	employee under this chapter; however, a partial payment of the
3683	total repayment may not exceed 20 percent of the amount of the
3684	biweekly payment.
3685	Section 19. Subsections (1), (2), and (3) of section
3686	440.151, Florida Statutes, are amended to read:
3687	440.151 Occupational diseases.--
3688	(1)(a) Where the employer and employee are subject to the
3689	provisions of the Workers' Compensation Law, the disablement or
3690	death of an employee resulting from an occupational disease as
3691	hereinafter defined shall be treated as the happening of an
3692	injury by accident, notwithstanding any other provisions of this
3693	chapter, and the employee or, in case of death, the employee's
3694	dependents shall be entitled to compensation as provided by this
3695	chapter, except as hereinafter otherwise provided; and the
3696	practice and procedure prescribed by this chapter shall apply to
3697	all proceedings under this section, except as hereinafter
3698	otherwise provided. Provided, however, that in no case shall an
3699	employer be liable for compensation under the provisions of this
3700	section unless such disease has resulted from the nature of the
3701	employment in which the employee was engaged under such
3702	employer,and was actually contracted while so engaged, and the
3703	nature of the employment was the major contributing cause of the
3704	disease. Major contributing cause must be shown by medical
3705	evidence only, as demonstrated by physical examination findings
3706	and diagnostic testing.meaning by "Nature of the employment"
3707	means that intothe occupation in which the employee was so
3708	engaged there is attached a particular hazard of such disease
3709	that distinguishes it from the usual run of occupations, or the
3710	incidence of such disease is substantially higher in the
3711	occupation in which the employee was so engaged than in the
3712	usual run of occupations. In claims for death under s. 440.16,
3713	death must occuror, in case of death, unless death follows
3714	continuous disability from such disease, commencing within the
3715	period above limited, for which compensation has been paid or
3716	awarded, or timely claim made as provided in this section, and
3717	results within 350 weeks after such last exposure. Both
3718	causation and sufficient exposure to a specific harmful
3719	substance shown to be present in the workplace to support
3720	causation shall be proven by clear and convincing evidence.
3721	(b) No compensation shall be payable for an occupational
3722	disease if the employee, at the time of entering into the
3723	employment of the employer by whom the compensation would
3724	otherwise be payable, falsely represents herself or himself in
3725	writing as not having previously been disabled, laid off or
3726	compensated in damages or otherwise, because of such disease.
3727	(c) Where an occupational disease is aggravated by any
3728	other disease or infirmity, not itself compensable, or where
3729	disability or death from any other cause, not itself
3730	compensable, is aggravated, prolonged, accelerated or in anywise
3731	contributed to by an occupational disease, the compensation
3732	shall be payable only if the occupational disease is the major
3733	contributing cause of the injury. Any compensationshall be
3734	reduced and limited to such proportion only of the compensation
3735	that would be payable if the occupational disease were the sole
3736	cause of the disability or death as such occupational disease,
3737	as a causative factor, bears to all the causes of such
3738	disability or death, such reduction in compensation to be
3739	effected by reducing the number of weekly or monthly payments or
3740	the amounts of such payments, as under the circumstances of the
3741	particular case may be for the best interest of the claimant or
3742	claimants. Major contributing cause must be demonstrated by
3743	medical evidence based on physical examination findings and
3744	diagnostic testing.
3745	(d) No compensation for death from an occupational disease
3746	shall be payable to any person whose relationship to the
3747	deceased, which under the provisions of this Workers'
3748	Compensation Law would give right to compensation, arose
3749	subsequent to the beginning of the first compensable disability,
3750	save only to afterborn children of a marriage existing at the
3751	beginning of such disability.
3752	(e) No compensation shall be payable for disability or
3753	death resulting from tuberculosis arising out of and in the
3754	course of employment by the Department of Health at a state
3755	tuberculosis hospital, or aggravated by such employment, when
3756	the employee had suffered from said disease at any time prior to
3757	the commencement of such employment.
3758	(2) Whenever used in this section the term "occupational
3759	disease" shall be construed to mean only a disease which is due
3760	to causes and conditions which are characteristic of and
3761	peculiar to a particular trade, occupation, process, or
3762	employment, and to exclude all ordinary diseases of life to
3763	which the general public is exposed, unless the incidence of the
3764	disease is substantially higher in the particular trade,
3765	occupation, process, or employment than for the general public.
3766	“Occupational disease” means only a disease for which there are
3767	epidemiological studies showing that exposure to the specific
3768	substance involved, at the levels to which the employee was
3769	exposed, may cause the precise disease sustained by the
3770	employee.
3771	(3) Except as hereinafterotherwise provided in this
3772	section, "disablement" means disability as described in s.
3773	440.02(13)the event of an employee's becoming actually
3774	incapacitated, partially or totally, because of an occupational
3775	disease, from performing her or his work in the last occupation
3776	in which injuriously exposed to the hazards of such disease; and
3777	"disability" means the state of being so incapacitated.
3778	Section 20. Subsections (1) and (7) of section 440.16,
3779	Florida Statutes, are amended to read:
3780	440.16 Compensation for death.--
3781	(1) If death results from the accident within 1 year
3782	thereafter or follows continuous disability and results from the
3783	accident within 5 years thereafter, the employer shall pay:
3784	(a) Within 14 days after receiving the bill, actual
3785	funeral expenses not to exceed $7,500$5,000.
3786	(b) Compensation, in addition to the above, in the
3787	following percentages of the average weekly wages to the
3788	following persons entitled thereto on account of dependency upon
3789	the deceased, and in the following order of preference, subject
3790	to the limitation provided in subparagraph 2., but such
3791	compensation shall be subject to the limits provided in s.
3792	440.12(2), shall not exceed $150,000$100,000, and may be less
3793	than, but shall not exceed, for all dependents or persons
3794	entitled to compensation, 662/3 percent of the average wage:
3795	1. To the spouse, if there is no child, 50 percent of the
3796	average weekly wage, such compensation to cease upon the
3797	spouse's death.
3798	2. To the spouse, if there is a child or children, the
3799	compensation payable under subparagraph 1. and, in addition,
3800	162/3 percent on account of the child or children. However, when
3801	the deceased is survived by a spouse and also a child or
3802	children, whether such child or children are the product of the
3803	union existing at the time of death or of a former marriage or
3804	marriages, the judge of compensation claims may provide for the
3805	payment of compensation in such manner as may appear to the
3806	judge of compensation claims just and proper and for the best
3807	interests of the respective parties and, in so doing, may
3808	provide for the entire compensation to be paid exclusively to
3809	the child or children; and, in the case of death of such spouse,
3810	331/3 percent for each child. However, upon the surviving
3811	spouse's remarriage, the spouse shall be entitled to a lump-sum
3812	payment equal to 26 weeks of compensation at the rate of 50
3813	percent of the average weekly wage as provided in s. 440.12(2),
3814	unless the $150,000$100,000limit provided in this paragraph is
3815	exceeded, in which case the surviving spouse shall receive a
3816	lump-sum payment equal to the remaining available benefits in
3817	lieu of any further indemnity benefits. In no case shall a
3818	surviving spouse's acceptance of a lump-sum payment affect
3819	payment of death benefits to other dependents.
3820	3. To the child or children, if there is no spouse, 331/3
3821	percent for each child.
3822	4. To the parents, 25 percent to each, such compensation
3823	to be paid during the continuance of dependency.
3824	5. To the brothers, sisters, and grandchildren, 15 percent
3825	for each brother, sister, or grandchild.
3826	(c) To the surviving spouse, payment of postsecondary
3827	student fees for instruction at any area technical center
3828	established under s. 1001.44 for up to 1,800 classroom hours or
3829	payment of student fees at any community college established
3830	under part III of chapter 1004 for up to 80 semester hours. The
3831	spouse of a deceased state employee shall be entitled to a full
3832	waiver of such fees as provided in ss. 1009.22 and 1009.23 in
3833	lieu of the payment of such fees. The benefits provided for in
3834	this paragraph shall be in addition to other benefits provided
3835	for in this section and shall terminate 7 years after the death
3836	of the deceased employee, or when the total payment in eligible
3837	compensation under paragraph (b) has been received. To qualify
3838	for the educational benefit under this paragraph, the spouse
3839	shall be required to meet and maintain the regular admission
3840	requirements of, and be registered at, such area technical
3841	center or community college, and make satisfactory academic
3842	progress as defined by the educational institution in which the
3843	student is enrolled.
3844	(7) Compensation under this chapter to aliens not
3845	residents (or about to become nonresidents) of the United States
3846	or Canada shall be the same in amount as provided for residents,
3847	except that dependents in any foreign country shall be limited
3848	to surviving spouse and child or children, or if there be no
3849	surviving spouse or child or children, to surviving father or
3850	mother whom the employee has supported, either wholly or in
3851	part, for the period of 1 year prior to the date of the injury,
3852	and except that the judge of compensation claims may, at the
3853	option of the judge of compensation claims, or upon the
3854	application of the insurance carrier, commute all future
3855	installments of compensation to be paid to such aliens by paying
3856	or causing to be paid to them one-half of the commuted amount of
3857	such future installments of compensation as determined by the
3858	judge of compensation claims, and provided further that
3859	compensation to dependents referred to in this subsection shall
3860	in no case exceed $75,000$50,000.
3861	Section 21. Subsection (9) of section 440.185, Florida
3862	Statutes, is amended, and subsection (12) is added to said
3863	section, to read:
3864	440.185 Notice of injury or death; reports; penalties for
3865	violations.--
3866	(9) Any employer or carrier who fails or refuses to timely
3867	send any form, report, or notice required by this section shall
3868	be subject to an administrative fine by the departmenta civil
3869	penalty not to exceed $1,000$500for each such failure or
3870	refusal. If, within 1 calendar year, an employer fails to timely
3871	submit to the carrier more than 10 percent of its notices of
3872	injury or death, the employer shall be subject to an
3873	administrative fine by the department not to exceed $2,000 for
3874	each such failure or refusal.However, any employer who fails to
3875	notify the carrier of the injury on the prescribed form or by
3876	letter within the 7 days required in subsection (2) shall be
3877	liable for the administrative finecivil penalty, which shall be
3878	paid by the employer and not the carrier. Failure by the
3879	employer to meet its obligations under subsection (2) shall not
3880	relieve the carrier from liability for the administrative fine
3881	civil penaltyif it fails to comply with subsections (4) and
3882	(5).
3883	(12) Upon receiving notice of an injury from an employee
3884	under subsection (1), the employer or carrier shall provide the
3885	employee with a written notice, in the form and manner
3886	determined by the department by rule, of the availability of
3887	services from the Employee Assistance and Ombudsman Office. The
3888	substance of the notice to the employee shall include:
3889	(a) A description of the scope of services provided by the
3890	office.
3891	(b) A listing of the toll-free telephone number of, the
3892	email address, and the postal address of the office.
3893	(c) A statement that the informational brochure referred
3894	to in subsection (4) will be mailed to the employee within 3
3895	days after the carrier receives notice of the injury.
3896	(d) Any other information regarding access to assistance
3897	that the department finds is immediately necessary for an
3898	injured employee.
3899	Section 22. Subsections (1) and (2) of section 440.192,
3900	Florida Statutes, are amended, and subsection (9) is added to
3901	said section, to read:
3902	440.192 Procedure for resolving benefit disputes.—
3903	(1) Subject to s. 440.191, Any employee may, for any
3904	benefit that is ripe, due, and owing,who has not received a
3905	benefit to which the employee believes she or he is entitled
3906	under this chapter shallfile by certified mail, or by
3907	electronic means approved by the Deputy Chief Judge, with the
3908	Office of the Judges of Compensation Claims a petition for
3909	benefits which meets the requirements of this section and the
3910	definition of specificity in s. 440.02. The department shall
3911	inform employees of the location of the Office of the Judges of
3912	Compensation Claims for purposes of filing a petition for
3913	benefits. The employee shall also serve copies of the petition
3914	for benefits by certified mail, or by electronic means approved
3915	by the Deputy Chief Judge, upon the employer and the employer's
3916	carrier. The DeputyChief Judge shall refer the petitions to the
3917	judges of compensation claims.
3918	(2) Upon receipt, the Office of the Judges of Compensation
3919	Claims shall review each petition and shall dismiss each
3920	petition or any portion of such a petition, upon the judge's own
3921	motion or upon the motion of any party,that does not on its
3922	face specifically identify or itemize the following:
3923	(a) Name, address, telephone number, and social security
3924	number of the employee.
3925	(b) Name, address, and telephone number of the employer.
3926	(c) A detailed description of the injury and cause of the
3927	injury, including the location of the occurrence and the date or
3928	dates of the accident.
3929	(d) A detailed description of the employee's job, work
3930	responsibilities, and work the employee was performing when the
3931	injury occurred.
3932	(e) The time period for which compensation and the
3933	specific classification of compensation were not timely
3934	provided.
3935	(f) Date of maximum medical improvement, character of
3936	disability, specific statement of all benefits or compensation
3937	that the employee is seeking.
3938	(g) All specific travel costs to which the employee
3939	believes she or he is entitled, including dates of travel and
3940	purpose of travel, means of transportation, and mileage and
3941	including the date the request for mileage was filed with the
3942	carrier and a copy of the request filed with the carrier.
3943	(h) Specific listing of all medical charges alleged
3944	unpaid, including the name and address of the medical provider,
3945	the amounts due, and the specific dates of treatment.
3946	(i) The type or nature of treatment care or attendance
3947	sought and the justification for such treatment. If the employee
3948	is under the care of a physician for an injury identified under
3949	paragraph (c), a copy of the physician’s request, authorization,
3950	or recommendation for treatment, care, or attendance must
3951	accompany the petition.
3952	(j) Specific explanation of any other disputed issue that
3953	a judge of compensation claims will be called to rule upon.
3954
3955	The dismissal of any petition or portion of such a petition
3956	under this section is without prejudice and does not require a
3957	hearing.
3958	(9) A petition for benefits must contain claims for all
3959	benefits that are ripe, due, and owing on the date the petition
3960	is filed. Unless stipulated in writing by the parties, only
3961	claims which have been properly raised in a petition for
3962	benefits and have undergone mediation may be considered for
3963	adjudication by a judge of compensation claims.
3964	Section 23. Section 440.1926, Florida Statutes, is created
3965	to read:
3966	440.1926 Alternate dispute resolution; claim
3967	arbitration.--Notwithstanding any other provision of this
3968	chapter, the employer, carrier, and employee may mutually agree
3969	to seek consent from a judge of compensation claims to enter
3970	into binding claim arbitration in lieu of any other remedy
3971	provided for in this chapter to resolve all issues in dispute
3972	regarding an injury. Arbitrations agreed to pursuant to this
3973	section shall be governed by chapter 682, the Florida
3974	Arbitration Code, except that, notwithstanding any provision in
3975	chapter 682, the term “court” shall mean a judge of compensation
3976	claims. An arbitration award in accordance with this section
3977	shall be enforceable in the same manner and with the same powers
3978	as any final compensation order.
3979	Section 24. Subsections (2), (3), (4), (6), and (8) and
3980	paragraph (d) of subsection (11) of section 440.20, Florida
3981	Statutes, are amended to read:
3982	440.20 Time for payment of compensation and medical bills;
3983	penalties for late payment.--
3984	(2)(a)The carrier must pay the first installment of
3985	compensation for total disability or death benefitsor deny
3986	compensability no later than the 14th calendarday after the
3987	employer receives notificationnotice of the injury or death,
3988	when disability is immediate and continuous for 8 calendar days
3989	or more after the injury. If the first 7 days after disability
3990	are nonconsecutive or delayed, the first installment of
3991	compensation is due on the 6th day after the first 8 calendar
3992	days of disability.The carrier shall thereafter pay
3993	compensation in biweekly installments or as otherwise provided
3994	in s. 440.15, unless the judge of compensation claims determines
3995	or the parties agree that an alternate installment schedule is
3996	in the best interests of the employee.
3997	(b) The carrier must pay, disallow, or deny all medical,
3998	dental, pharmacy, and hospital bills submitted to the carrier in
3999	accordance with department rule no later than 45 calendar days
4000	after the carrier’s receipt of the bill.
4001	(3) Upon making initial payment of indemnity benefits, or
4002	upon suspension or cessation of payment for any reason, the
4003	carrier shall immediately notify the injured employee, the
4004	employer, and thedepartment that it has commenced, suspended,
4005	or ceased payment of compensation. The department may require
4006	such notification to the injured employee, employer, and the
4007	department in aanyformat and manner it deems necessary to
4008	obtain accurate and timely notificationreporting.
4009	(4) If the carrier is uncertain of its obligation to
4010	provide all benefits or compensation, it may initiate payment
4011	without prejudice and without admitting liability. the carrier
4012	shall immediately and in good faith commence investigation of
4013	the employee's entitlement to benefits under this chapter and
4014	shall admit or deny compensability within 120 days after the
4015	initial provision of compensation or benefits as required under
4016	subsection (2) or s. 440.192(8). Additionally, the carrier shall
4017	initiate payment and continue the provision of all benefits and
4018	compensation as if the claim had been accepted as compensable,
4019	without prejudice and without admitting liability.Upon
4020	commencement of payment as required under subsection (2) or s.
4021	440.192 (8), the carrier shall provide written notice to the
4022	employee that itis has elected to pay all or part ofthe claim
4023	pending further investigation, and that it will advise the
4024	employee of claim acceptance or denial within 120 days. A
4025	carrier that fails to deny compensability within 120 days after
4026	the initial provision of benefits or payment of compensation as
4027	required under subsection (2) or s. 440.192(8) waives the right
4028	to deny compensability, unless the carrier can establish
4029	material facts relevant to the issue of compensability that it
4030	could not have discovered through reasonable investigation
4031	within the 120-day period. The initial provision of compensation
4032	or benefits, for purposes of this subsection, means the first
4033	installment of compensation or benefits to be paid by the
4034	carrier under subsection (2) or pursuant to a petition for
4035	benefits under s. 440.192(8).
4036	(6)(a)If any installment of compensation for death or
4037	dependency benefits, or compensation for disability benefits,
4038	permanent impairment, or wage losspayable without an award is
4039	not paid within 7 days after it becomes due, as provided in
4040	subsection (2), subsection (3), or subsection (4), there shall
4041	be added to such unpaid installment a punitivepenalty of an
4042	amount equal to 20 percent of the unpaid installment or $5,
4043	which shall be paid at the same time as, but in addition to,
4044	such installment of compensation. This penalty shall not apply
4045	for late payments resulting, unless notice is filed under
4046	subsection (4) or unless such nonpayment resultsfrom conditions
4047	over which the employer or carrier had no control. When any
4048	installment of compensation payable without an award has not
4049	been paid within 7 days after it became due and the claimant
4050	concludes the prosecution of the claim before a judge of
4051	compensation claims without having specifically claimed
4052	additional compensation in the nature of a penalty under this
4053	section, the claimant will be deemed to have acknowledged that,
4054	owing to conditions over which the employer or carrier had no
4055	control, such installment could not be paid within the period
4056	prescribed for payment and to have waived the right to claim
4057	such penalty. However, during the course of a hearing, the judge
4058	of compensation claims shall on her or his own motion raise the
4059	question of whether such penalty should be awarded or excused.
4060	The department may assess without a hearing the punitivepenalty
4061	against either the employer or the insurancecarrier, depending
4062	upon who was at fault in causing the delay. The insurance policy
4063	cannot provide that this sum will be paid by the carrier if the
4064	department or the judge of compensation claims determines that
4065	the punitive penalty should be paidmadeby the employer rather
4066	than the carrier. Any additional installment of compensation
4067	paid by the carrier pursuant to this section shall be paid
4068	directly to the employee by check or, if authorized by the
4069	employee, by direct deposit into the employee's account at a
4070	financial institution. As used in this subsection, the term
4071	"financial institution" means a financial institution as defined
4072	in s. 655.005(1)(h).
4073	(b) For medical services provided on or after January 1,
4074	2004, the department shall require that all medical, hospital,
4075	pharmacy, or dental bills properly submitted by the provider,
4076	except for bills that are disallowed or denied by the carrier or
4077	its authorized vendor in accordance with department rule, are
4078	timely paid within 45 calendar days after the carrier’s receipt
4079	of the bill. The department shall impose penalties for late
4080	payments or disallowances or denials of medical, hospital,
4081	pharmacy, or dental bills that are below a minimum 95 percent
4082	timely performance standard. The carrier shall pay to the
4083	Workers’ Compensation Administration Trust Fund a penalty of:
4084	1. Twenty-five dollars for each bill below the 95 percent
4085	timely performance standard, but meeting a 90 percent timely
4086	standard.
4087	2. Fifty dollars for each bill below a 90 percent timely
4088	performance standard.
4089	(8)(a)In addition to any other penalties provided by this
4090	chapter for late payment, if any installment of compensation is
4091	not paid when it becomes due, the employer, carrier, or
4092	servicing agent shall pay interest thereon at the rate of 12
4093	percent per year from the date the installment becomes due until
4094	it is paid, whether such installment is payable without an order
4095	or terms of an order. The interest payment shall be the greater
4096	of the amount due or $5.
4097	(a) Within 30 days after final payment of compensation has
4098	been made, the employer, carrier, or servicing agent shall send
4099	to the department a notice, in accordance with a format and
4100	manner prescribed by the department, stating that such final
4101	payment has been made and stating the total amount of
4102	compensation paid, the name of the employee and of any other
4103	person to whom compensation has been paid, the date of the
4104	injury or death, and the date to which compensation has been
4105	paid.
4106	(b) If the employer, carrier, or servicing agent fails to
4107	so notify the department within such time, the department shall
4108	assess against such employer, carrier, or servicing agent a
4109	civil penalty in an amount not over $100.
4110	(b)(c)In order to ensure carrier compliance under this
4111	chapter and provisions of the Insurance Code, the department
4112	shall monitor, audit, and investigatethe performance of
4113	carriers by conducting market conduct examinations, as provided
4114	in s. 624.3161, and conducting investigations, as provided in s.
4115	624.317. The department shall requireestablish by rule a
4116	minimum performance standards for carriers to ensure that a
4117	minimum of 90 percent ofall compensation benefits are timely
4118	paid in accordance with this section. The department shall
4119	impose penaltiesfine a carrier as provided in s. 440.13(11)(b)
4120	up to $50 for each late paymentspayment of compensation that
4121	areis below athe minimum 9590 percent timely payment
4122	performance standard. The carrier shall pay to the Workers’
4123	Compensation Administration Trust Fund a penalty of:
4124	1. Fifty dollars per number of installments of
4125	compensation below the 95 percent timely payment performance
4126	standard and equal to or greater than a 90 percent timely
4127	payment performance standard.
4128	2. One hundred dollars per number of installments of
4129	compensation below a 90 percent timely payment performance
4130	standard.
4131
4132	This section does not affect the imposition of any penalties or
4133	interest due to the claimant. If a carrier contracts with a
4134	servicing agent to fulfill its administrative responsibilities
4135	under this chapter, the payment practices of the servicing agent
4136	are deemed the payment practices of the carrier for the purpose
4137	of assessing penalties against the carrier.
4138	(11)
4139	(d)1. With respect to any lump-sum settlement under this
4140	subsection, a judge of compensation claims must consider at the
4141	time of the settlement, whether the settlement allocation
4142	provides for the appropriate recovery of child support
4143	arrearages. An employer or carrier does not have a duty to
4144	investigate or collect information regarding child support
4145	arrearages.
4146	2. When reviewing any settlement of lump-sum payment
4147	pursuant to this subsection, judges of compensation claims shall
4148	consider the interests of the worker and the worker's family
4149	when approving the settlement, which must consider and provide
4150	for appropriate recovery of past due support.
4151	Section 25. Section 440.25, Florida Statutes, is amended
4152	to read:
4153	440.25 Procedures for mediation and hearings.--
4154	(1) Forty daysWithin 90 daysafter a petition for
4155	benefits is filed under s. 440.192, a mediation conference
4156	concerning such petition shall be held. Within 40 days after
4157	such petition is filed,the judge of compensation claims shall
4158	notify the interested parties by order that a mediation
4159	conference concerning such petition has been scheduledwill be
4160	held unless the parties have notified the judgeOffice of the
4161	Judges of compensation claims that a privatemediation has been
4162	held or is scheduled to be held. A mediation, whether private
4163	or public, shall be held within 130 days after the filing of the
4164	petition. Such order must give the date by whichthe mediation
4165	conference is tomustbe held. Such order may be served
4166	personally upon the interested parties or may be sent to the
4167	interested parties by mail. If multiple petitions are pending,
4168	or if additional petitions are filed after the scheduling of a
4169	mediation, the judge of compensation claims shall consolidate
4170	all petitions into one mediation.The claimant or the adjuster
4171	of the employer or carrier may, at the mediator's discretion,
4172	attend the mediation conference by telephone or, if agreed to by
4173	the parties, other electronic means. A continuance may be
4174	granted upon the agreement of the parties orif the requesting
4175	party demonstrates to the judge of compensation claims that the
4176	reason for requesting the continuance arises from circumstances
4177	beyond the party's control. Any order granting a continuance
4178	must set forth the date of the rescheduled mediation conference.
4179	A mediation conference may not be used solely for the purpose of
4180	mediating attorney's fees.
4181	(2) Any party who participates in a mediation conference
4182	shall not be precluded from requesting a hearing following the
4183	mediation conference should both parties not agree to be bound
4184	by the results of the mediation conference. A mediation
4185	conference is required to be held unless this requirement is
4186	waived by the Deputy Chief Judge. No later than 3 days prior to
4187	the mediation conference, all parties must submit any applicable
4188	motions, including, but not limited to, a motion to waive the
4189	mediation conference, to the judge of compensation claims.
4190	(3)(a)Such mediation conference shall be conducted
4191	informally and does not require the use of formal rules of
4192	evidence or procedure. Any information from the files, reports,
4193	case summaries, mediator's notes, or other communications or
4194	materials, oral or written, relating to a mediation conference
4195	under this section obtained by any person performing mediation
4196	duties is privileged and confidential and may not be disclosed
4197	without the written consent of all parties to the conference.
4198	Any research or evaluation effort directed at assessing the
4199	mediation program activities or performance must protect the
4200	confidentiality of such information. Each party to a mediation
4201	conference has a privilege during and after the conference to
4202	refuse to disclose and to prevent another from disclosing
4203	communications made during the conference whether or not the
4204	contested issues are successfully resolved. This subsection and
4205	paragraphs (4)(a) and (b) shall not be construed to prevent or
4206	inhibit the discovery or admissibility of any information that
4207	is otherwise subject to discovery or that is admissible under
4208	applicable law or rule of procedure, except that any conduct or
4209	statements made during a mediation conference or in negotiations
4210	concerning the conference are inadmissible in any proceeding
4211	under this chapter.
4212	(a)1. Unless the parties conduct a private mediation under
4213	paragraph (b)subparagraph 2., mediation shall be conducted by a
4214	mediator selected by the Director of the Division of
4215	Administrative Hearings from among mediators employed on a full-
4216	time basis by the Office of the Judges of Compensation Claims. A
4217	mediator must be a member of The Florida Bar for at least 5
4218	years and must complete a mediation training program approved by
4219	the Deputy Chief JudgeDirector of the Division of
4220	Administrative Hearings. Adjunct mediators may be employed by
4221	the Office of the Judges of Compensation Claims on an as-needed
4222	basis and shall be selected from a list prepared by the Director
4223	of the Division of Administrative Hearings. An adjunct mediator
4224	must be independent of all parties participating in the
4225	mediation conference. An adjunct mediator must be a member of
4226	The Florida Bar for at least 5 years and must complete a
4227	mediation training program approved by the Office of the Judges
4228	of Compensation ClaimsDirector of the Division of
4229	Administrative Hearings. An adjunct mediator shall have access
4230	to the office, equipment, and supplies of the judge of
4231	compensation claims in each district.
4232	(b)2. With respect to any private mediation occurring on
4233	or after January 1, 2003, if the parties agree or if mediators
4234	are not available under paragraph (a), pursuant to notice from
4235	the judge of compensation claimssubparagraph 1., to conduct the
4236	required mediation within the period specified in this section,
4237	the parties shall hold a mediation conference at the carrier's
4238	expense within the 130-day90-dayperiod set for mediation. The
4239	mediation conference shall be conducted by a mediator certified
4240	under s. 44.106. If the parties do not agree upon a mediator
4241	within 10 days after the date of the order, the claimant shall
4242	notify the judge in writing and the judge shall appoint a
4243	mediator under this subparagraph within 7 days. In the event
4244	both parties agree, the results of the mediation conference
4245	shall be binding and neither party shall have a right to appeal
4246	the results. In the event either party refuses to agree to the
4247	results of the mediation conference, the results of the
4248	mediation conference as well as the testimony, witnesses, and
4249	evidence presented at the conference shall not be admissible at
4250	any subsequent proceeding on the claim. The mediator shall not
4251	be called in to testify or give deposition to resolve any claim
4252	for any hearing before the judge of compensation claims. The
4253	employer may be represented by an attorney at the mediation
4254	conference if the employee is also represented by an attorney at
4255	the mediation conference.
4256	(b) The parties shall complete the pretrial stipulations
4257	before the conclusion of the mediation conference if the claims,
4258	except for attorney's fees and costs, have not been settled and
4259	if any claims in any filed petition remain unresolved. The judge
4260	of compensation claims may impose sanctions against a party or
4261	both parties for failing to complete the pretrial stipulations
4262	before the conclusion of the mediation conference.
4263	(4)(a) If the parties fail to agree touponwritten
4264	submission of pretrial stipulations at the mediation conference,
4265	the judge of compensation claims shall conduct a liveorder a
4266	pretrial hearing to occur within 14 days after the date of
4267	mediation ordered by the judge of compensation claims. The judge
4268	of compensation claims shall give the interested parties at
4269	least 147 days' advance notice of the pretrial hearing by mail.
4270	At the pretrial hearing, the judge of compensation claims shall,
4271	subject to paragraph (b), set a date for the final hearing that
4272	allows the parties at least 60 days to conduct discovery unless
4273	the parties consent to an earlier hearing date.
4274	(b) The final hearing must be held and concluded within 90
4275	days after the mediation conference is held, allowing the
4276	parties sufficient time to complete discovery. Except as set
4277	forth in this section,continuances may be granted only if the
4278	requesting party demonstrates to the judge of compensation
4279	claims that the reason for requesting the continuance arises
4280	from circumstances beyond the party's control. The written
4281	consent of the claimant must be obtained before any request from
4282	a claimant's attorney is granted for an additional continuance
4283	after the initial continuance has been granted. Any order
4284	granting a continuance must set forth the date and time of the
4285	rescheduled hearing. A continuance may be granted only if the
4286	requesting party demonstrates to the judge of compensation
4287	claims that the reason for requesting the continuance arises
4288	from circumstances beyond the control of the parties. The judge
4289	of compensation claims shall report any grant of two or more
4290	continuances to the Deputy Chief Judge.
4291	(c) The judge of compensation claims shall give the
4292	interested parties at least 147days' advance notice of the
4293	final hearing, served upon the interested parties by mail.
4294	(d) The final hearing shall be held within 210 days after
4295	receipt of the petition for benefits in the county where the
4296	injury occurred, if the injury occurred in this state, unless
4297	otherwise agreed to between the parties and authorized by the
4298	judge of compensation claims in the county where the injury
4299	occurred; However, the claimant may waive the timeframes within
4300	this section for good cause shown. If the injury occurred
4301	outside the state and is one for which compensation is payable
4302	under this chapter, then the final hearing may be held in the
4303	county of the employer's residence or place of business, or in
4304	any other county of the state that will, in the discretion of
4305	the Deputy Chief Judge, be the most convenient for a hearing.
4306	The final hearing shall be conducted by a judge of compensation
4307	claims, who shall, within 30 days after final hearing or closure
4308	of the hearing record, unless otherwise agreed by the parties,
4309	enter a final order on the merits of the disputed issues. The
4310	judge of compensation claims may enter an abbreviated final
4311	order in cases in which compensability is not disputed. Either
4312	party may request separate findings of fact and conclusions of
4313	law. At the final hearing, the claimant and employer may each
4314	present evidence with respect to the claims presented by the
4315	petition for benefits and may be represented by any attorney
4316	authorized in writing for such purpose. When there is a conflict
4317	in the medical evidence submitted at the hearing, the provisions
4318	of s. 440.13 shall apply. The report or testimony of the expert
4319	medical advisor shall be admitted into evidence in amade a part
4320	of the record of the proceeding and shall be given the same
4321	consideration by the judge of compensation claims as is accorded
4322	other medical evidence submitted in the proceeding;and all
4323	costs incurred in connection with such examination and testimony
4324	may be assessed as costs in the proceeding, subject to the
4325	provisions of s. 440.13. No judge of compensation claims may
4326	make a finding of a degree of permanent impairment that is
4327	greater than the greatest permanent impairment rating given the
4328	claimant by any examining or treating physician,except upon
4329	stipulation of the parties. Any benefit due but not raised at
4330	the final hearing which was ripe, due, or owing at the time of
4331	the final hearing is waived.
4332	(e) The order making an award or rejecting the claim,
4333	referred to in this chapter as a "compensation order," shall set
4334	forth the findings of ultimate facts and the mandate; and the
4335	order need not include any other reason or justification for
4336	such mandate. The compensation order shall be filed in the
4337	Office of the Judges of Compensation Claims at Tallahassee. A
4338	copy of such compensation order shall be sent by mail to the
4339	parties and attorneys of record at the last known address of
4340	each, with the date of mailing noted thereon.
4341	(f) Each judge of compensation claims is required to
4342	submit a special report to the Deputy Chief Judge in each
4343	contested workers' compensation case in which the case is not
4344	determined within 30 days of final hearing or closure of the
4345	hearing record. Said form shall be provided by the director of
4346	the Division of Administrative Hearings and shall contain the
4347	names of the judge of compensation claims and of the attorneys
4348	involved and a brief explanation by the judge of compensation
4349	claims as to the reason for such a delay in issuing a final
4350	order.
4351	(f)(g)Notwithstanding any other provision of this
4352	section, the judge of compensation claims may require the
4353	appearance of the parties and counsel before her or him without
4354	written notice for an emergency conference where there is a bona
4355	fide emergency involving the health, safety, or welfare of an
4356	employee. An emergency conference under this section may result
4357	in the entry of an order or the rendering of an adjudication by
4358	the judge of compensation claims.
4359	(g)(h)To expedite dispute resolution and to enhance the
4360	self-executing features of the Workers' Compensation Law, the
4361	Deputy Chief Judge shall make provision by rule or order for the
4362	resolution of appropriate motions by judges of compensation
4363	claims without oral hearing upon submission of brief written
4364	statements in support and opposition, and for expedited
4365	discovery and docketing. Unless the judge of compensation
4366	claims, for good cause, orders a hearing under paragraph (h)(i),
4367	each claim in a petition relating to the determination of the
4368	average weekly wagepayunder s. 440.14 shall be resolved under
4369	this paragraph without oral hearing.
4370	(h)(i)To further expedite dispute resolution and to
4371	enhance the self-executing features of the system, those
4372	petitions filed in accordance with s. 440.192 that involve a
4373	claim for benefits of $5,000 or less shall, in the absence of
4374	compelling evidence to the contrary, be presumed to be
4375	appropriate for expedited resolution under this paragraph; and
4376	any other claim filed in accordance with s. 440.192, upon the
4377	written agreement of both parties and application by either
4378	party, may similarly be resolved under this paragraph. A claim
4379	in a petition or $5,000 or less for medical benefits only or a
4380	petition for reimbursement for mileage for medical purposes
4381	shall, in the absence of compelling evidence to the contrary, be
4382	resolved through the expedited dispute resolution process
4383	provided in this paragraph. For purposes of expedited resolution
4384	pursuant to this paragraph, the Deputy Chief Judge shall make
4385	provision by rule or order for expedited and limited discovery
4386	and expedited docketing in such cases. At least 15 days prior to
4387	hearing, the parties shall exchange and file with the judge of
4388	compensation claims a pretrial outline of all issues, defenses,
4389	and witnesses on a form adopted by the Deputy Chief Judge;
4390	provided, in no event shall such hearing be held without 15
4391	days' written notice to all parties. No pretrial hearing shall
4392	be held and no mediation scheduled unless requested by a party.
4393	The judge of compensation claims shall limit all argument and
4394	presentation of evidence at the hearing to a maximum of 30
4395	minutes, and such hearings shall not exceed 30 minutes in
4396	length. Neither party shall be required to be represented by
4397	counsel. The employer or carrier may be represented by an
4398	adjuster or other qualified representative. The employer or
4399	carrier and any witness may appear at such hearing by telephone.
4400	The rules of evidence shall be liberally construed in favor of
4401	allowing introduction of evidence.
4402	(i)(j)A judge of compensation claims may, upon the motion
4403	of a party or the judge's own motion, dismiss a petition for
4404	lack of prosecution if a petition, response, motion, order,
4405	request for hearing, or notice of deposition has not been filed
4406	during the previous 12 months unless good cause is shown. A
4407	dismissal for lack of prosecution is without prejudice and does
4408	not require a hearing.
4409	(j)(k)A judge of compensation claims may not award
4410	interest on unpaid medical bills and the amount of such bills
4411	may not be used to calculate the amount of interest awarded.
4412	Regardless of the date benefits were initially requested,
4413	attorney's fees do not attach under this subsection until 30
4414	days after the date the carrier or self-insured employer
4415	receives the petition.
4416	(5)(a) Procedures with respect to appeals from orders of
4417	judges of compensation claims shall be governed by rules adopted
4418	by the Supreme Court. Such an order shall become final 30 days
4419	after mailing of copies of such order to the parties, unless
4420	appealed pursuant to such rules.
4421	(b) An appellant may be relieved of any necessary filing
4422	fee by filing a verified petition of indigency for approval as
4423	provided in s. 57.081(1) and may be relieved in whole or in part
4424	from the costs for preparation of the record on appeal if,
4425	within 15 days after the date notice of the estimated costs for
4426	the preparation is served, the appellant files with the judge of
4427	compensation claims a copy of the designation of the record on
4428	appeal, and a verified petition to be relieved of costs. A
4429	verified petition filed prior to the date of service of the
4430	notice of the estimated costs shall be deemed not timely filed.
4431	The verified petition relating to record costs shall contain a
4432	sworn statement that the appellant is insolvent and a complete,
4433	detailed, and sworn financial affidavit showing all the
4434	appellant's assets, liabilities, and income. Failure to state in
4435	the affidavit all assets and income, including marital assets
4436	and income, shall be grounds for denying the petition with
4437	prejudice. The Office of the Judges of Compensation Claims shall
4438	adopt rules as may be required pursuant to this subsection,
4439	including forms for use in all petitions brought under this
4440	subsection. The appellant's attorney, or the appellant if she or
4441	he is not represented by an attorney, shall include as a part of
4442	the verified petition relating to record costs an affidavit or
4443	affirmation that, in her or his opinion, the notice of appeal
4444	was filed in good faith and that there is a probable basis for
4445	the District Court of Appeal, First District, to find reversible
4446	error, and shall state with particularity the specific legal and
4447	factual grounds for the opinion. Failure to so affirm shall be
4448	grounds for denying the petition. A copy of the verified
4449	petition relating to record costs shall be served upon all
4450	interested parties. The judge of compensation claims shall
4451	promptly conduct a hearing on the verified petition relating to
4452	record costs, giving at least 15 days' notice to the appellant,
4453	the department, and all other interested parties, all of whom
4454	shall be parties to the proceedings. The judge of compensation
4455	claims may enter an order without such hearing if no objection
4456	is filed by an interested party within 20 days from the service
4457	date of the verified petition relating to record costs. Such
4458	proceedings shall be conducted in accordance with the provisions
4459	of this section and with the workers' compensation rules of
4460	procedure, to the extent applicable. In the event an insolvency
4461	petition is granted, the judge of compensation claims shall
4462	direct the department to pay record costs and filing fees from
4463	the Workers' Compensation Administration Trust Fund pending
4464	final disposition of the costs of appeal. The department may
4465	transcribe or arrange for the transcription of the record in any
4466	proceeding for which it is ordered to pay the cost of the
4467	record.
4468	(c) As a condition of filing a notice of appeal to the
4469	District Court of Appeal, First District, an employer who has
4470	not secured the payment of compensation under this chapter in
4471	compliance with s. 440.38 shall file with the notice of appeal a
4472	good and sufficient bond, as provided in s. 59.13, conditioned
4473	to pay the amount of the demand and any interest and costs
4474	payable under the terms of the order if the appeal is dismissed,
4475	or if the District Court of Appeal, First District, affirms the
4476	award in any amount. Upon the failure of such employer to file
4477	such bond with the judge of compensation claims orthe District
4478	Court of Appeal, First District, along with the notice of
4479	appeal, the District Court of Appeal, First District, shall
4480	dismiss the notice of appeal.
4481	(6) An award of compensation for disability may be made
4482	after the death of an injured employee.
4483	(7) An injured employee claiming or entitled to
4484	compensation shall submit to such physical examination by a
4485	certified expert medical advisor approved by the agency or the
4486	judge of compensation claims as the agency or the judge of
4487	compensation claims may require. The place or places shall be
4488	reasonably convenient for the employee. Such physician or
4489	physicians as the employee, employer, or carrier may select and
4490	pay for may participate in an examination if the employee,
4491	employer, or carrier so requests. Proceedings shall be suspended
4492	and no compensation shall be payable for any period during which
4493	the employee may refuse to submit to examination.Any interested
4494	party shall have the right in any case of death to require an
4495	autopsy, the cost thereof to be borne by the party requesting
4496	it; and the judge of compensation claims shall have authority to
4497	order and require an autopsy and may, in her or his discretion,
4498	withhold her or his findings and award until an autopsy is held.
4499	Section 26. Subsections (1), (2), and (3) of section
4500	440.34, Florida Statutes, are amended to read:
4501	440.34 Attorney's fees; costs.--
4502	(1) A fee, gratuity, or other consideration may not be
4503	paid for services rendered fora claimant in connection with any
4504	proceedings arising under this chapter, unless approved as
4505	reasonable by the judge of compensation claims or court having
4506	jurisdiction over such proceedings. Except as provided by this
4507	subsection,Any attorney's fee approved by a judge of
4508	compensation claims for benefits secured on behalf ofservices
4509	rendered toa claimant must equal to 20 percent of the first
4510	$5,000 of the amount of the benefits secured, 15 percent of the
4511	next $5,000 of the amount of the benefits secured, 10 percent of
4512	the remaining amount of the benefits secured to be provided
4513	during the first 10 years after the date the claim is filed, and
4514	5 percent of the benefits secured after 10 years. The judge of
4515	compensation claims shall not approve a compensation order, a
4516	joint stipulation for lump-sum settlement, a stipulation or
4517	agreement between a claimant and his or her attorney, or any
4518	other agreement related to benefits under this chapter that
4519	provides for an attorney’s fee in excess of the amount permitted
4520	by this section. The judge of compensation claims is not
4521	required to approve any retainer agreement between the claimant
4522	and his or her attorney. The retainer agreement as to fees and
4523	costs may not be for compensation in excess of the amount
4524	allowed under this section.However, The judge of compensation
4525	claims shall consider the following factors in each case and may
4526	increase or decrease the attorney's fee if, in her or his
4527	judgment, the circumstances of the particular case warrant such
4528	action:
4529	(a) The time and labor required, the novelty and
4530	difficulty of the questions involved, and the skill requisite to
4531	perform the legal service properly.
4532	(b) The fee customarily charged in the locality for
4533	similar legal services.
4534	(c) The amount involved in the controversy and the
4535	benefits resulting to the claimant.
4536	(d) The time limitation imposed by the claimant or the
4537	circumstances.
4538	(e) The experience, reputation, and ability of the lawyer
4539	or lawyers performing services.
4540	(f) The contingency or certainty of a fee.
4541	(2) In awarding a reasonable claimant's attorney's fee,
4542	the judge of compensation claims shall consider only those
4543	benefits secured byto the claimant that the attorney is
4544	responsible for securing. The amount, statutory basis, and type
4545	of benefits obtained through legal representation shall be
4546	listed on all attorney's fees awarded by the judge of
4547	compensation claims. For purposes of this section, the term
4548	"benefits secured" means benefits obtained as a result of the
4549	claimant's attorney's legal services rendered in connection with
4550	the claim for benefits. However, such termdoes not include
4551	future medical benefits to be provided on any date more than 5
4552	years after the date the claim is filed. In the event an offer
4553	to settle an issue pending before a judge of compensation claims
4554	is communicated in writing to the claimant or the claimant’s
4555	attorney at least 30 days prior to the trial date on such issue,
4556	benefits secured shall be only that amount awarded above that
4557	specified in the offer to settle. If multiple issues are pending
4558	before the judge of compensation claims, said offer of
4559	settlement shall address each issue pending and shall state
4560	explicitly whether or not the offer on each issue is severable.
4561	The written offer shall also unequivocally state whether or not
4562	it includes medical witness fees and expenses and all other
4563	costs associated with the claim.
4564	(3) If any partythe claimantshould prevail in any
4565	proceedings before a judge of compensation claims or court,
4566	there shall be taxed against the nonprevailing partyemployer
4567	the reasonable costs of such proceedings, not to include the
4568	attorney's fees of the claimant. A claimant shall be
4569	responsible for the payment of her or his own attorney's fees,
4570	except that a claimant shall be entitled to recover a reasonable
4571	attorney's fee from a carrier or employer:
4572	(a) Against whom she or he successfully asserts a petition
4573	for medical benefits only, if the claimant has not filed or is
4574	not entitled to file at such time a claim for disability,
4575	permanent impairment, wage-loss, or death benefits, arising out
4576	of the same accident;
4577	(b) In any case in which the employer or carrier files a
4578	response to petition denying benefits with the Office of the
4579	Judges of Compensation Claims and the injured person has
4580	employed an attorney in the successful prosecution of the
4581	petition;
4582	(c) In a proceeding in which a carrier or employer denies
4583	that an accident occurred for which compensation benefits are
4584	payable, and the claimant prevails on the issue of
4585	compensability; or
4586	(d) In cases where the claimant successfully prevails in
4587	proceedings filed under s. 440.24 or s. 440.28.
4588
4589	Regardless of the date benefits were initially requested,
4590	attorney's fees shall not attach under this subsection until 30
4591	days after the date the carrier or employer, if self-insured,
4592	receives the petition. In applying the factors set forth in
4593	subsection (1) to cases arising under paragraphs (a), (b), (c),
4594	and (d), the judge of compensation claims must only consider
4595	only such benefits and the time reasonably spent in obtaining
4596	them as were secured for the claimant within the scope of
4597	paragraphs (a), (b), (c), and (d).
4598	Section 27. Subsection (7) is added to section 440.38,
4599	Florida Statutes, to read:
4600	440.38 Security for compensation; insurance carriers and
4601	self-insurers.—
4602	(7) Any employer who meets the requirements of subsection
4603	(1) through a policy of insurance issued outside of this state
4604	must at all times, with respect to all employees working in this
4605	state, maintain the required coverage under a Florida
4606	endorsement using Florida rates and rules pursuant to payroll
4607	reporting that accurately reflects the work performed in this
4608	state by such employees.
4609	Section 28. Subsections (2) and (6) of section 440.381,
4610	Florida Statutes, are amended to read:
4611	440.381 Application for coverage; reporting payroll;
4612	payroll audit procedures; penalties.--
4613	(2) Submission of an application that contains false,
4614	misleading, or incomplete information provided with the purpose
4615	of avoiding or reducing the amount of premiums for workers’
4616	compensation coverage is a felony of the second degree,
4617	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4618	The application must contain a statement that the filing of an
4619	application containing false, misleading, or incomplete
4620	information providedwith the purpose of avoiding or reducing
4621	the amount of premiums for workers' compensation coverage is a
4622	felony of the third degree, punishable as provided in s.
4623	775.082, s. 775.083, or s. 775.084. The application must contain
4624	a sworn statement by the employer attesting to the accuracy of
4625	the information submitted and acknowledging the provisions of
4626	former s. 440.37(4). The application must contain a sworn
4627	statement by the agent attesting that the agent explained to the
4628	employer or officer the classification codes that are used for
4629	premium calculations.
4630	(6)(a) If an employer understates or conceals payroll, or
4631	misrepresents or conceals employee duties so as to avoid proper
4632	classification for premium calculations, or misrepresents or
4633	conceals information pertinent to the computation and
4634	application of an experience rating modification factor, the
4635	employer, or the employer's agent or attorney, shall pay to the
4636	insurance carrier a penalty of 10 times the amount of the
4637	difference in premium paid and the amount the employer should
4638	have paid and reasonable attorney's fees. The penalty may be
4639	enforced in the circuit courts of this state.
4640	(b) If the department determines that an employer has
4641	materially understated or concealed payroll, has materially
4642	misrepresented or concealed employee duties so as to avoid
4643	proper classification for premium calculations, or has
4644	materially misrepresented or concealed information pertinent to
4645	the computation and application of an experience rating
4646	modification factor, the department shall immediately notify the
4647	employer’s carrier of such determination. The carrier shall
4648	commence a physical onsite audit of the employer within 30 days
4649	after receiving notification from the department. If the carrier
4650	fails to commence the audit as required by this section, the
4651	department shall contract with auditing professionals to conduct
4652	the audit at the carrier’s expense. A copy of the carrier’s
4653	audit of the employer shall be provided to the department upon
4654	completion. The carrier is not required to conduct the physical
4655	onsite audit of the employer as set forth in this paragraph if
4656	the carrier gives written notice of cancellation to the employer
4657	within 30 days after receiving notification from the department
4658	of the material misrepresentation, understatement, or
4659	concealment and an audit is conducted in conjunction with the
4660	cancellation.
4661	Section 29. Subsection (3) of section 440.42, Florida
4662	Statutes, is amended to read:
4663	440.42 Insurance policies; liability.--
4664	(3) No contract or policy of insurance issued by a carrier
4665	under this chapter shall expire or be canceled until at least 30
4666	days have elapsed after a notice of cancellation has been sent
4667	to the department and to the employer in accordance with the
4668	provisions of s. 440.185(7). For cancellation due to nonpayment
4669	of premium, the insurer shall mail notification to the employer
4670	at least 10 days prior to the effective date of the
4671	cancellation.However, when duplicate or dual coverage exists by
4672	reason of two different carriers having issued policies of
4673	insurance to the same employer securing the same liability, it
4674	shall be presumed that only that policy with the later effective
4675	date shall be in force and that the earlier policy terminated
4676	upon the effective date of the latter. In the event that both
4677	policies carry the same effective date, one of the policies may
4678	be canceled instanter upon filing a notice of cancellation with
4679	the department and serving a copy thereof upon the employer in
4680	such manner as the department prescribes by rule. The department
4681	may by rule prescribe the content of the notice of retroactive
4682	cancellation and specify the time, place, and manner in which
4683	the notice of cancellation is to be served.
4684	Section 30. Paragraph (a) of subsection (4) of section
4685	440.49, Florida Statutes, is amended to read:
4686	440.49 Limitation of liability for subsequent injury
4687	through Special Disability Trust Fund.--
4688	(4) PERMANENT IMPAIRMENT OR PERMANENT TOTAL DISABILITY,
4689	TEMPORARY BENEFITS, MEDICAL BENEFITS, OR ATTENDANT CARE AFTER
4690	OTHER PHYSICAL IMPAIRMENT.--
4691	(a) Permanent impairment.--If an employee who has a
4692	preexisting permanent physical impairment incurs a subsequent
4693	permanent impairment from injury or occupational disease arising
4694	out of, and in the course of, her or his employment which merges
4695	with the preexisting permanent physical impairment to cause a
4696	permanent impairment, the employer shall, in the first instance,
4697	pay all benefits provided by this chapter; but, subject to the
4698	limitations specified in subsection (6), such employer shall be
4699	reimbursed from the Special Disability Trust Fund created by
4700	subsection (9) for 50 percent of all impairment benefits which
4701	the employer has been required to provide pursuant to s.
4702	440.15(3)(a)as a result of the subsequent accident or
4703	occupational disease.
4704	Section 31. Subsection (6) of section 440.491, Florida
4705	Statutes, is amended to read:
4706	440.491 Reemployment of injured workers; rehabilitation.--
4707	(6) TRAINING AND EDUCATION.--
4708	(a) Upon referral of an injured employee by the carrier,
4709	or upon the request of an injured employee, the department shall
4710	conduct a training and education screening to determine whether
4711	it should refer the employee for a vocational evaluation and, if
4712	appropriate, approve training and education or other vocational
4713	services for the employee. The department may not approve formal
4714	training and education programs unless it determines, after
4715	consideration of the reemployment assessment, pertinent
4716	reemployment status reviews or reports, and such other relevant
4717	factors as it prescribes by rule, that the reemployment plan is
4718	likely to result in return to suitable gainful employment. The
4719	department is authorized to expend moneys from the Workers'
4720	Compensation Administration Trust Fund, established by s.
4721	440.50, to secure appropriate training and education at a
4722	community college established under part III of chapter 240 or
4723	at a vocational-technical school established under s. 230.63, or
4724	to secureother vocational services when necessary to satisfy
4725	the recommendation of a vocational evaluator. As used in this
4726	paragraph, “appropriate training and education” includes
4727	securing a general education diploma (GED), if necessary.The
4728	department shall establish training and education standards
4729	pertaining to employee eligibility, course curricula and
4730	duration, and associated costs.
4731	(b) When it appears thatan employee who has attained
4732	maximum medical improvement is unable to earn at least 80
4733	percent of the compensation rate andrequires training and
4734	education to obtain suitable gainful employment, the employer or
4735	carrier shall pay the employee additional training and education
4736	temporary total compensation benefitswhile the employee
4737	receives such training and education for a period not to exceed
4738	104 weeks. The benefits provided under this paragraph shall not
4739	be in addition to the 104 weeks as specified in s. 440.15(2)26
4740	weeks, which period may be extended for an additional 26 weeks
4741	or less, if such extended period is determined to be necessary
4742	and proper by a judge of compensation claims.However, a
4743	carrier or employer is not precluded from voluntarily paying
4744	additional temporary total disability compensation beyond that
4745	period. If an employee requires temporary residence at or near a
4746	facility or an institution providing training and education
4747	which is located more than 50 miles away from the employee's
4748	customary residence, the reasonable cost of board, lodging, or
4749	travel must be borne by the department from the Workers'
4750	Compensation Administration Trust Fund established by s. 440.50.
4751	An employee who refuses to accept training and education that is
4752	recommended by the vocational evaluator and considered necessary
4753	by the department will forfeit any additional training and
4754	education benefits and any additional payment for lost wages
4755	under this chapter. The department shall adopt rules to
4756	implement this section, which shall include requirements placed
4757	upon the carrier to notify the injured employee of the
4758	availability of training and education benefits as specified in
4759	this chapter. The department shall also include information
4760	regarding the eligibility for training and education benefits in
4761	informational materials specified in ss. 440.207 and 440.40is
4762	subject to a 50-percent reduction in weekly compensation
4763	benefits, including wage-loss benefits, as determined under s.
4764	440.15(3)(b).
4765	Section 32. Section 440.525, Florida Statutes, is amended
4766	to read:
4767	440.525 Audit, examination, and examination of carriers
4768	and claims-handling entities.--
4769	(1) The department may audit, examine, or investigate any
4770	each carrier, third-party administrator, servicing agent, or
4771	other claims-handling entityas often as is warranted to ensure
4772	that it iscarriers are fulfilling itstheir obligations under
4773	this chapterthe law. The examination may cover any period of
4774	the carrier's operations since the last previous examination.
4775	(2) An audit or examination may cover any period of the
4776	carrier’s, third-party administrator’s, servicing agent’s, or
4777	other claims-handling entity’s operations since the last
4778	previous audit or examination. An investigation based upon a
4779	reasonable belief by the department that a material violation of
4780	this chapter has occurred may cover any time period, but may not
4781	predate the last audit by more than 5 years. The department may
4782	by rule establish procedures, standards, and protocols for
4783	audits, examinations, and investigations. If the department
4784	finds any violation of this chapter, it may impose
4785	administrative penalties pursuant to this chapter. If the
4786	department finds any self-insurer in violation of this chapter,
4787	it may take action pursuant s. 440.38(3). Audits, examinations,
4788	or investigations by the department may address, but are not
4789	limited to addressing: unfair or unreasonable claims-handling
4790	techniques; patterns or practices of unreasonable denial of
4791	claims or unreasonable delay in claims handling; timeliness and
4792	accuracy of payments and reports under ss. 440.13, 440.16, and
4793	440.185; proper application of practice parameters and protocols
4794	in paying medical benefits; or patterns or practices of
4795	harassment, coercion, or intimidation of claimants. The
4796	department may also specify by rule the documentation to be
4797	maintained for each claim file.
4798	(3) As to any audit, examination, or investigation
4799	conducted under this chapter, the department shall have the
4800	power to conduct onsite inspections of claims records and
4801	documentation of a carrier, third-party administrator, servicing
4802	agent, or other claims-handling entity, and conduct interviews,
4803	both sworn and unsworn, of claims-handling personnel. Carriers,
4804	third-party administrators, servicing agents, and other claims-
4805	handling entities shall make all claims records, documentation,
4806	communication, and correspondence available to department
4807	personnel during regular business hours. If any person fails to
4808	comply with a department request for production of records or
4809	documents or fails to produce an employee for interview, the
4810	department may compel production or attendance by subpoena. The
4811	results of an audit, examination, or investigation shall be
4812	provided to the carrier, third-party administrator, servicing
4813	agent, or other claims-handling entity in a written report
4814	setting forth the basis for any violations that are asserted.
4815	Such report is agency action for purposes of chapter 120, and
4816	the aggrieved party may request a proceeding under s. 120.57
4817	with regard to the findings and conclusion of the report.
4818	(4) If the department finds that violations of this
4819	chapter have occurred, the department may impose an
4820	administrative penalty upon the offending entity or entities.
4821	For each offending entity, such penalties shall not exceed
4822	$2,500 for each pattern or practice constituting nonwillful
4823	violation and shall not exceed an aggregate amount of $10,000
4824	for all nonwillful violations arising out of the same action. If
4825	the department finds a pattern of practice that constitutes a
4826	willful violation, the department may impose an administrative
4827	penalty upon each offending entity not to exceed $20,000 for
4828	each willful pattern or practice. Such fines shall not exceed
4829	$100,000 for all willful violations arising out of the same
4830	action. No penalty assessed under this section may be recouped
4831	by any carrier in the rate base, the premium, or any rate
4832	filing. Any administrative penalty imposed under this section
4833	for a nonwillful violation shall not duplicate an administrative
4834	penalty imposed under another provision of this chapter. The
4835	department may adopt rules to implement this section. The
4836	department shall adopt penalty guidelines by rule to set
4837	penalties under this chapter.
4838	Section 33. Subsection (2) of section 627.162, Florida
4839	Statutes, is amended to read:
4840	627.162 Requirements for premium installments;
4841	delinquency, collection, and check return charges; attorney's
4842	fees.--
4843	(2) Insurers providing workers' compensation coverage
4844	under chapter 440 may charge the insured a delinquency and
4845	collection fee on each installment in default for a period of
4846	not less than 5 days in an amount not to exceed $25$10or 5
4847	percent of the delinquent installment, whichever is greater.
4848	Only one such delinquency and collection fee may be collected on
4849	any such installment regardless of the period during which it
4850	remains in default.
4851	Section 34. Paragraphs (c) and (d) of subsection (4) of
4852	section 627.311, Florida Statutes, are amended to read
4853	627.311 Joint underwriters and joint reinsurers.--
4854	(4)
4855	(c) The operation of the plan shall be governed by a plan
4856	of operation that is prepared at the direction of the board of
4857	governors. The plan of operation may be changed at any time by
4858	the board of governors or upon request of the department. The
4859	plan of operation and all changes thereto are subject to the
4860	approval of the department. The plan of operation shall:
4861	1. Authorize the board to engage in the activities
4862	necessary to implement this subsection, including, but not
4863	limited to, borrowing money.
4864	2. Develop criteria for eligibility for coverage by the
4865	plan, including, but not limited to, documented rejection by at
4866	least two insurers which reasonably assures that insureds
4867	covered under the plan are unable to acquire coverage in the
4868	voluntary market. Any insured may voluntarily elect to accept
4869	coverage from an insurer for a premium equal to or greater than
4870	the plan premium if the insurer writing the coverage adheres to
4871	the provisions of s. 627.171.
4872	3. Require notice from the agent to the insured at the
4873	time of the application for coverage that the application is for
4874	coverage with the plan and that coverage may be available
4875	through an insurer, group self-insurers' fund, commercial self-
4876	insurance fund, or assessable mutual insurer through another
4877	agent at a lower cost.
4878	4. Establish programs to encourage insurers to provide
4879	coverage to applicants of the plan in the voluntary market and
4880	to insureds of the plan, including, but not limited to:
4881	a. Establishing procedures for an insurer to use in
4882	notifying the plan of the insurer's desire to provide coverage
4883	to applicants to the plan or existing insureds of the plan and
4884	in describing the types of risks in which the insurer is
4885	interested. The description of the desired risks must be on a
4886	form developed by the plan.
4887	b. Developing forms and procedures that provide an insurer
4888	with the information necessary to determine whether the insurer
4889	wants to write particular applicants to the plan or insureds of
4890	the plan.
4891	c. Developing procedures for notice to the plan and the
4892	applicant to the plan or insured of the plan that an insurer
4893	will insure the applicant or the insured of the plan, and notice
4894	of the cost of the coverage offered; and developing procedures
4895	for the selection of an insuring entity by the applicant or
4896	insured of the plan.
4897	d. Provide for a market-assistance plan to assist in the
4898	placement of employers. All applications for coverage in the
4899	plan received 45 days before the effective date for coverage
4900	shall be processed through the market-assistance plan. A market-
4901	assistance plan specifically designed to serve the needs of
4902	small good policyholders as defined by the board must be
4903	finalized by January 1, 1994.
4904	5. Provide for policy and claims services to the insureds
4905	of the plan of the nature and quality provided for insureds in
4906	the voluntary market.
4907	6. Provide for the review of applications for coverage
4908	with the plan for reasonableness and accuracy, using any
4909	available historic information regarding the insured.
4910	7. Provide for procedures for auditing insureds of the
4911	plan which are based on reasonable business judgment and are
4912	designed to maximize the likelihood that the plan will collect
4913	the appropriate premiums.
4914	8. Authorize the plan to terminate the coverage of and
4915	refuse future coverage for any insured that submits a fraudulent
4916	application to the plan or provides fraudulent or grossly
4917	erroneous records to the plan or to any service provider of the
4918	plan in conjunction with the activities of the plan.
4919	9. Establish service standards for agents who submit
4920	business to the plan.
4921	10. Establish criteria and procedures to prohibit any
4922	agent who does not adhere to the established service standards
4923	from placing business with the plan or receiving, directly or
4924	indirectly, any commissions for business placed with the plan.
4925	11. Provide for the establishment of reasonable safety
4926	programs for all insureds in the plan. All insureds of the plan
4927	must participate in the safety program.
4928	12. Authorize the plan to terminate the coverage of and
4929	refuse future coverage to any insured who fails to pay premiums
4930	or surcharges when due; who, at the time of application, is
4931	delinquent in payments of workers' compensation or employer's
4932	liability insurance premiums or surcharges owed to an insurer,
4933	group self-insurers' fund, commercial self-insurance fund, or
4934	assessable mutual insurer licensed to write such coverage in
4935	this state; or who refuses to substantially comply with any
4936	safety programs recommended by the plan.
4937	13. Authorize the board of governors to provide the
4938	services required by the plan through staff employed by the
4939	plan, through reasonably compensated service providers who
4940	contract with the plan to provide services as specified by the
4941	board of governors, or through a combination of employees and
4942	service providers.
4943	14. Provide for service standards for service providers,
4944	methods of determining adherence to those service standards,
4945	incentives and disincentives for service, and procedures for
4946	terminating contracts for service providers that fail to adhere
4947	to service standards.
4948	15. Provide procedures for selecting service providers and
4949	standards for qualification as a service provider that
4950	reasonably assure that any service provider selected will
4951	continue to operate as an ongoing concern and is capable of
4952	providing the specified services in the manner required.
4953	16. Provide for reasonable accounting and data-reporting
4954	practices.
4955	17. Provide for annual review of costs associated with the
4956	administration and servicing of the policies issued by the plan
4957	to determine alternatives by which costs can be reduced.
4958	18. Authorize the acquisition of such excess insurance or
4959	reinsurance as is consistent with the purposes of the plan.
4960	19. Provide for an annual report to the department on a
4961	date specified by the department and containing such information
4962	as the department reasonably requires.
4963	20. Establish multiple rating plans for various
4964	classifications of risk which reflect risk of loss, hazard
4965	grade, actual losses, size of premium, and compliance with loss
4966	control. At least one of such plans must be a preferred-rating
4967	plan to accommodate small-premium policyholders with good
4968	experience as defined in sub-subparagraph 22.a.
4969	21. Establish agent commission schedules.
4970	22. Establish fourthreesubplans as follows:
4971	a. Subplan “A” must include those insureds whose annual
4972	premium does not exceed $2,500 and who have neither incurred any
4973	lost-time claims nor incurred medical-only claims exceeding 50
4974	percent of their premium for the immediate 2 years.
4975	b. Subplan “B” must include insureds that are employers
4976	identified by the board of governors as high-risk employers due
4977	solely to the nature of the operations being performed by those
4978	insureds and for whom no market exists in the voluntary market,
4979	and whose experience modifications are less than 1.00.
4980	c. Subplan “C” must include all otherinsureds within the
4981	plan that are not eligible for subplan “A,” subplan “B,” or
4982	subplan “D.”
4983	d. Subplan “D” must include any employer with 50 or fewer
4984	employees, except that an employer who is eligible for subplan
4985	“D” and another subplan may elect the subplan in which it will
4986	participate. The rate plan for subplan “D” shall be the same
4987	rate plan as the plan approved under ss. 627.091-627.151 and
4988	each participant in subplan “D” shall pay the premium determined
4989	under such rate plan, plus a surcharge determined by the board
4990	to be sufficient to ensure that the plan does not compete with
4991	the voluntary market rate for any participant, but not to exceed
4992	25 percent.
4993	23. Provide for a depopulation program to reduce the
4994	number of insureds in subplan “D.” If an employer insured
4995	through subplan “D” is offered coverage from a voluntary market
4996	carrier:
4997	a. During the first 30 days of coverage under the subplan;
4998	b. Before a policy is issued under the subplan;
4999	c. By issuance of a policy upon expiration or cancellation
5000	of the policy under the subplan; or
5001	d. By assumption of the subplan’s obligation with respect
5002	to an in-force policy,
5003
5004	that employer is no longer eligible for coverage through the
5005	plan. The premium for risks assumed by the voluntary market
5006	carrier must be the same premium plus, for the first 2 years,
5007	the surcharge as determined in sub-subparagraph 22.d. A premium
5008	under this subparagraph, including surcharge, is deemed approved
5009	and is not an excess premium for purposes of s. 627.171.
5010	24. Require that policies issued under subplan “D” and
5011	applications for such policies must include a notice that the
5012	policy issued under subplan “D” could be replaced by a policy
5013	issued from a voluntary market carrier and that if an offer of
5014	coverage is obtained from a voluntary market carrier, the
5015	policyholder is no longer eligible for coverage through subplan
5016	“D.” The notice must also specify that acceptance of coverage
5017	under subplan “D” creates a conclusive presumption that the
5018	applicant or policyholder is aware of this potential. With
5019	respect to any employer organized as a not-for-profit
5020	corporation and tax-exempt under s. 501(c)(3) of the Internal
5021	Revenue Code, the surcharge shall be sufficient to ensure that
5022	the subplan does not compete with the voluntary market but does
5023	not exceed 10 percent.
5024	(d)1.The plan must be funded through actuarially sound
5025	premiums charged to insureds of the plan.
5026	2.The plan may issue assessable policies only to those
5027	insureds in subplan “C.” and subplan “D.” Assessments levied
5028	against subplan “C” participants shall cover only the excess
5029	losses attributable to subplan “C,” and assessments levied
5030	against subplan “D” participants shall cover only the excess
5031	losses attributable to subplan “D.” In no event may the plan
5032	levy assessments against any person or entity except as
5033	authorized by this paragraph.Those assessable policies must be
5034	clearly identified as assessable by containing, in contrasting
5035	color and in not less than 10-point type, the following
5036	statements: “This is an assessable policy. If the plan is unable
5037	to pay its obligations, policyholders will be required to
5038	contribute on a pro rata earned premium basis the money
5039	necessary to meet any assessment levied.”
5040	3.The plan may issue assessable policies with differing
5041	terms and conditions to different groups within subplan “C” and
5042	subplan “D”the planwhen a reasonable basis exists for the
5043	differentiation.
5044	4.The plan may offer rating, dividend plans, and other
5045	plans to encourage loss prevention programs.
5046	Section 35. Paragraphs (c) and (e) of subsection (3) of
5047	section 921.0022, Florida Statutes, are amended to read:
5048	921.0022 Criminal Punishment Code; offense severity
5049	ranking chart.--
5050	(3) OFFENSE SEVERITY RANKING CHART
5051	FloridaStatute FelonyDegree Description
5052	(c) LEVEL 3
5053	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
5054	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
5055	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
5056	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
5057	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
5058	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
5059	327.35(2)(b) 3rd Felony BUI.
5060	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
5061	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
5062	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
5063	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
5064	440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
5065	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
5066	697.08 3rd Equity skimming.
5067	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
5068	796.05(1) 3rd Live on earnings of a prostitute.
5069	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
5070	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
5071	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
5072	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
5073	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
5074	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
5075	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
5076	817.233 3rd Burning to defraud insurer.
5077	817.234(8)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
5078	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
5079	817.505(4) 3rd Patient brokering.
5080	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
5081	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
5082	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
5083	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
5084	843.19 3rd Injure, disable, or kill police dog or horse.
5085	870.01(2) 3rd Riot; inciting or encouraging.
5086	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
5087	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of university or public park.
5088	893.13(1)(f)2. 3rd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of public housing facility.
5089	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
5090	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
5091	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
5092	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
5093	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
5094	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
5095	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
5096	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
5097	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
5098	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
5099	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
5100	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
5101	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
5102	(e) LEVEL 5
5103	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
5104	316.1935(4) 2nd Aggravated fleeing or eluding.
5105	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
5106	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
5107	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
5108
5109	440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
5110	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
5111	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
5112	790.01(2) 3rd Carrying a concealed firearm.
5113	790.162 2nd Threat to throw or discharge destructive device.
5114	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
5115	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
5116	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
5117	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
5118	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
5119	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
5120	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
5121	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
5122	812.019(1) 2nd Stolen property; dealing in or trafficking in.
5123	812.131(2)(b) 3rd Robbery by sudden snatching.
5124	812.16(2) 3rd Owning, operating, or conducting a chop shop.
5125	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
5126	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
5127	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $75,000 or more.
5128	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
5129	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
5130	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
5131	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
5132	843.01 3rd Resist officer with violence to person; resist arrest with violence.
5133	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
5134	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
5135	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or school.
5136	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of university or public park.
5137	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
5138	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of public housing facility.
5139	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
5140	Section 36. Report to the Legislature regarding
5141	outstanding enforcement issues.--The Department of Financial
5142	Services shall, no later than January 1, 2004, provide a report
5143	to the President of the Senate, the Speaker of the House of
5144	Representatives, the minority leaders of the Senate and the
5145	House of Representatives, and the chairs of the standing
5146	committees of the Senate and the House of Representatives having
5147	jurisdiction over insurance issues, containing the following
5148	information:
5149	(1) Any provision of chapter 440, Florida Statutes,
5150	relating to workers’ compensation carrier compliance and
5151	enforcement, that the department finds it is unable to enforce.
5152	(2) Any administrative rule relating to workers’
5153	compensation carrier compliance and enforcement that the
5154	department finds it is unable to enforce.
5155	(3) Any other impediment to enforcement of chapter 440,
5156	Florida Statutes, resulting from the transfer of activities from
5157	the former Department of Labor and Employment Security to the
5158	department or the reorganization of the former Department of
5159	Insurance into the department.
5160	Section 37. Subsection (2) of section 946.523, Florida
5161	Statutes, is amended to read:
5162	946.523 Prison industry enhancement (PIE) programs.--
5163	(2) Notwithstanding any other law to the contrary,
5164	including s. 440.15(8)(9), private sector employers shall
5165	provide workers' compensation coverage to inmates who
5166	participate in prison industry enhancement (PIE) programs under
5167	subsection (1). However, inmates are not entitled to
5168	unemployment compensation.
5169	Section 38. Paragraph (c) of subsection (5) of section
5170	985.315, Florida Statutes, is amended to read:
5171	985.315 Educational/technical and vocational work-related
5172	programs.--
5173	(5)
5174	(c) Notwithstanding any other law to the contrary,
5175	including s. 440.15(8)(9), private sector employers shall
5176	provide juveniles participating in juvenile work programs under
5177	paragraph (b) with workers' compensation coverage, and juveniles
5178	shall be entitled to the benefits of such coverage. Nothing in
5179	this subsection shall be construed to allow juveniles to
5180	participate in unemployment compensation benefits.
5181	Section 39. Section 440.1925, Florida Statutes, is
5182	repealed.
5183	Section 40. The amendments to ss. 440.02 and 440.15,
5184	Florida Statutes, which are made by this act shall not be
5185	construed to affect any determination of disability under s.
5186	112.18, s. 112.181, or s. 112.19, Florida Statutes.
5187	Section 41. Except as otherwise provided herein, this act
5188	shall take effect October 1, 2003.