HB 0025A 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; providing a definition;
8	amending s. 440.06, F.S.; revising provisions relating to
9	failure to secure compensation; amending s. 440.077, F.S.;
10	providing that a corporate officer electing to be exempt
11	may not receive benefits; amending s. 440.09, F.S.;
12	revising provisions relating to compensation for
13	subsequent injuries; providing definitions; revising
14	provisions relating to drug testing; specifying effect of
15	criminal acts; creating s. 440.093, F.S.; providing for
16	compensability of mental and nervous injuries; amending s.
17	440.10, F.S.; revising provisions relating to contractors
18	and subcontractors with regard to liability for
19	compensation; requiring subcontractors to provide evidence
20	of workers' compensation coverage or proof of exemption to
21	a 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 the Office of
85	Insurance Regulation of the Financial Services Commission
86	to conduct audits, examinations, and investigations of
87	claims-handing entities; providing penalties; providing
88	for rules; providing for assistance by the Department of
89	Financial Services, if requested; amending s. 627.162,
90	F.S.; revising delinquency and collection fee for late
91	payment of premium installments; amending s. 627.311,
92	F.S.; requiring participation in safety programs;
93	providing for an additional subplan within the joint
94	underwriting plan for workers' compensation insurance;
95	providing for rates, surcharges, and assessments; limiting
96	assessment powers; amending s. 921.0022, F.S.; revising
97	the offense severity ranking chart to reflect changes in
98	penalties under the act; requiring a report to the
99	Legislature from the Department of Financial Services
100	regarding provisions of law relating to enforcement;
101	amending ss. 946.523 and 985.315, F.S., to conform cross
102	references; repealing s. 440.1925, F.S., relating to
103	procedure for resolving maximum medical improvement or
104	permanent impairment disputes; providing that amendments
105	to ss. 440.02 and 440.15, F.S., do not affect certain
106	disability, determination, and benefits; providing for
107	construction of the act in pari materia with laws enacted
108	during the Regular Session of the Legislature; providing
109	effective dates.
110
111	Be It Enacted by the Legislature of the State of Florida:
112
113	Section 1. Effective upon this act becoming a law,
114	subsections (1), (15), (29), (38), (40), (41), and (42) of
115	section 440.02, Florida Statutes, are amended to read:
116	440.02 Definitions.--When used in this chapter, unless the
117	context clearly requires otherwise, the following terms shall
118	have the following meanings:
119	(1) "Accident" means only an unexpected or unusual event
120	or result that happens suddenly. A mental or nervous injury due
121	to stress, fright, or excitement only, orDisability or death
122	due to the accidental acceleration or aggravation of a venereal
123	disease or of a disease due to the habitual use of alcohol or
124	controlled substances or narcotic drugs, or a disease that
125	manifests itself in the fear of or dislike for an individual
126	because of the individual's race, color, religion, sex, national
127	origin, age, or handicap is not an injury by accident arising
128	out of the employment. Subject to s. 440.15(5),if a preexisting
129	disease or anomaly is accelerated or aggravated by an accident
130	arising out of and in the course of employment, only
131	acceleration of death or acceleration or aggravation of the
132	preexisting condition reasonably attributable to the accident is
133	compensable, with respect to any compensation otherwise payable
134	under this chapterdeath or permanent impairment. An injury or
135	disease caused by exposure to a toxic substance, including, but
136	not limited to, fungus or mold, is not an injury by accident
137	arising out of the employment unless there is clear and
138	convincing evidence establishing that exposure to the specific
139	substance involved, at the levels to which the employee was
140	exposed, can cause the injury or disease sustained by the
141	employee.
142	(15)(a) "Employee" means any person engaged in any
143	employment under any appointment or contract of hire or
144	apprenticeship, express or implied, oral or written, whether
145	lawfully or unlawfully employed, and includes, but is not
146	limited to, aliens and minors.
147	(b) "Employee" includes any person who is an officer of a
148	corporation and who performs services for remuneration for such
149	corporation within this state, whether or not such services are
150	continuous.
151	1. Any officer of a corporation may elect to be exempt
152	from this chapter by filing written notice of the election with
153	the department as provided in s. 440.05.
154	2. As to officers of a corporation who are actively
155	engaged in the construction industry, no more than three
156	officers may elect to be exempt from this chapter by filing
157	written notice of the election with the department as provided
158	in s. 440.05. However, any exemption obtained by a corporate
159	officer of a corporation actively engaged in the construction
160	industry is not applicable with respect to any commercial
161	building project estimated to be valued at $250,000 or greater.
162	3. An officer of a corporation who elects to be exempt
163	from this chapter by filing a written notice of the election
164	with the department as provided in s. 440.05 is not an employee.
165
166	Services are presumed to have been rendered to the corporation
167	if the officer is compensated by other than dividends upon
168	shares of stock of the corporation which the officer owns.
169	(c)1."Employee" includes a sole proprietor or a partner
170	who devotes full time to the proprietorship or partnership and,
171	except as provided in this paragraph, elects to be included in
172	the definition of employee by filing notice thereof as provided
173	in s. 440.05. Partners or sole proprietors actively engaged in
174	the construction industry are considered employees unless they
175	elect to be excluded from the definition of employee by filing
176	written notice of the election with the department as provided
177	in s. 440.05. However, no more than three partners in a
178	partnership that is actively engaged in the construction
179	industry may elect to be excluded. A sole proprietor or partner
180	who is actively engaged in the construction industry and who
181	elects to be exempt from this chapter by filing a written notice
182	of the election with the department as provided in s. 440.05 is
183	not an employee. For purposes of this chapter, an independent
184	contractor is an employee unless he or she meets all of the
185	conditions set forth in subparagraph (d)1.
186	2. Notwithstanding the provisions of subparagraph 1., the
187	term "employee" includes a sole proprietor or partner actively
188	engaged in the construction industry with respect to any
189	commercial building project estimated to be valued at $250,000
190	or greater. Any exemption obtained is not applicable, with
191	respect to work performed at such a commercial building project.
192	(d) "Employee" does not include:
193	1. An independent contractor, if:
194	a. The independent contractor maintains a separate
195	business with his or her own work facility, truck, equipment,
196	materials, or similar accommodations;
197	b. The independent contractor holds or has applied for a
198	federal employer identification number, unless the independent
199	contractor is a sole proprietor who is not required to obtain a
200	federal employer identification number under state or federal
201	requirements;
202	c. The independent contractor performs or agrees to
203	perform specific services or work for specific amounts of money
204	and controls the means of performing the services or work;
205	d. The independent contractor incurs the principal
206	expenses related to the service or work that he or she performs
207	or agrees to perform;
208	e. The independent contractor is responsible for the
209	satisfactory completion of work or services that he or she
210	performs or agrees to perform and is or could be held liable for
211	a failure to complete the work or services;
212	f. The independent contractor receives compensation for
213	work or services performed for a commission or on a per-job or
214	competitive-bid basis and not on any other basis;
215	g. The independent contractor may realize a profit or
216	suffer a loss in connection with performing work or services;
217	h. The independent contractor has continuing or recurring
218	business liabilities or obligations; and
219	i. The success or failure of the independent contractor's
220	business depends on the relationship of business receipts to
221	expenditures.
222
223	However, the determination as to whether an individual included
224	in the Standard Industrial Classification Manual of 1987,
225	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
226	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
227	or a newspaper delivery person, is an independent contractor is
228	governed not by the criteria in this paragraph but by common-law
229	principles, giving due consideration to the business activity of
230	the individual. Notwithstanding the provisions of this paragraph
231	or any other provision of this chapter, with respect to any
232	commercial building project estimated to be valued at $250,000
233	or greater, a person who is actively engaged in the construction
234	industry is not an independent contractor and is either an
235	employer or an employee who may not be exempt from the coverage
236	requirements of this chapter.
237	2. A real estate salesperson or agent, if that person
238	agrees, in writing, to perform for remuneration solely by way of
239	commission.
240	3. Bands, orchestras, and musical and theatrical
241	performers, including disk jockeys, performing in licensed
242	premises as defined in chapter 562, if a written contract
243	evidencing an independent contractor relationship is entered
244	into before the commencement of such entertainment.
245	4. An owner-operator of a motor vehicle who transports
246	property under a written contract with a motor carrier which
247	evidences a relationship by which the owner-operator assumes the
248	responsibility of an employer for the performance of the
249	contract, if the owner-operator is required to furnish the
250	necessary motor vehicle equipment and all costs incidental to
251	the performance of the contract, including, but not limited to,
252	fuel, taxes, licenses, repairs, and hired help; and the owner-
253	operator is paid a commission for transportation service and is
254	not paid by the hour or on some other time-measured basis.
255	5. A person whose employment is both casual and not in the
256	course of the trade, business, profession, or occupation of the
257	employer.
258	6. A volunteer, except a volunteer worker for the state or
259	a county, municipality, or other governmental entity. A person
260	who does not receive monetary remuneration for services is
261	presumed to be a volunteer unless there is substantial evidence
262	that a valuable consideration was intended by both employer and
263	employee. For purposes of this chapter, the term "volunteer"
264	includes, but is not limited to:
265	a. Persons who serve in private nonprofit agencies and who
266	receive no compensation other than expenses in an amount less
267	than or equivalent to the standard mileage and per-diem expenses
268	provided to salaried employees in the same agency or, if such
269	agency does not have salaried employees who receive mileage and
270	per diem, then such volunteers who receive no compensation other
271	than expenses in an amount less than or equivalent to the
272	customary mileage and per diem paid to salaried workers in the
273	community as determined by the department; and
274	b. Volunteers participating in federal programs
275	established under Pub. L. No. 93-113.
276	7. Any officer of a corporation who elects to be exempt
277	from this chapter.
278	8. A sole proprietor or officer of a corporation who
279	actively engages in the construction industry, and a partner in
280	a partnership that is actively engaged in the construction
281	industry, who elects to be exempt from the provisions of this
282	chapter. Such sole proprietor, officer, or partner is not an
283	employee for any reason until the notice of revocation of
284	election filed pursuant to s. 440.05 is effective.
285	9. An exercise rider who does not work for a single horse
286	farm or breeder, and who is compensated for riding on a case-by-
287	case basis, provided a written contract is entered into prior to
288	the commencement of such activity which evidences that an
289	employee/employer relationship does not exist.
290	10. A taxicab, limousine, or other passenger vehicle-for-
291	hire driver who operates said vehicles pursuant to a written
292	agreement with a company which provides any dispatch, marketing,
293	insurance, communications, or other services under which the
294	driver and any fees or charges paid by the driver to the company
295	for such services are not conditioned upon, or expressed as a
296	proportion of, fare revenues.
297	11. A person who performs services as a sports official
298	for an entity sponsoring an interscholastic sports event or for
299	a public entity or private, nonprofit organization that sponsors
300	an amateur sports event. For purposes of this subparagraph, such
301	a person is an independent contractor. For purposes of this
302	subparagraph, the term "sports official" means any person who is
303	a neutral participant in a sports event, including, but not
304	limited to, umpires, referees, judges, linespersons,
305	scorekeepers, or timekeepers. This subparagraph does not apply
306	to any person employed by a district school board who serves as
307	a sports official as required by the employing school board or
308	who serves as a sports official as part of his or her
309	responsibilities during normal school hours.
310	(29) "Weekly compensation rate" means and refers to the
311	amount of compensation payable for a period of 7 consecutive
312	calendardays, including any Saturdays, Sundays, holidays, and
313	other nonworking days which fall within such period of 7
314	consecutive calendardays. When Saturdays, Sundays, holidays, or
315	other nonworking days immediately follow the first 7 calendar
316	days of disability or occur at the end of a period of disability
317	as the last day or days of such period, such nonworking days
318	constitute a part of the period of disability with respect to
319	which compensation is payable.
320	(38) "Catastrophic injury" means a permanent impairment
321	constituted by the loss of both hands, both arms, both feet,
322	both legs, or both eyes, or any two thereof, or paraplegia or
323	quadriplegia.:
324	(a) Spinal cord injury involving severe paralysis of an
325	arm, a leg, or the trunk;
326	(b) Amputation of an arm, a hand, a foot, or a leg
327	involving the effective loss of use of that appendage;
328	(c) Severe brain or closed-head injury as evidenced by:
329	1. Severe sensory or motor disturbances;
330	2. Severe communication disturbances;
331	3. Severe complex integrated disturbances of cerebral
332	function;
333	4. Severe episodic neurological disorders; or
334	5. Other severe brain and closed-head injury conditions at
335	least as severe in nature as any condition provided in
336	subparagraphs 1.-4.;
337	(d) Second-degree or third-degree burns of 25 percent or
338	more of the total body surface or third-degree burns of 5
339	percent or more to the face and hands;
340	(e) Total or industrial blindness; or
341	(f) Any other injury that would otherwise qualify under
342	this chapter of a nature and severity that would qualify an
343	employee to receive disability income benefits under Title II or
344	supplemental security income benefits under Title XVI of the
345	federal Social Security Act as the Social Security Act existed
346	on July 1, 1992, without regard to any time limitations provided
347	under that act.
348	(40) "Statement," for the purposes of ss. 440.105 and
349	440.106, shall include the exact fraud statement language in s.
350	440.105(7). This requirementincludes, but is not limited to,
351	any notice, representation, statement, proof of injury, bill for
352	services, diagnosis, prescription, hospital or doctor record, X
353	ray, test result, or other evidence of loss, injury, or expense.
354	(41) "Specificity" means information on the petition for
355	benefits sufficient to put the employer or carrier on notice of
356	the exact statutory classification and outstanding time period
357	of benefits being requested and includes a detailed explanation
358	of any benefits received that should be increased, decreased,
359	changed, or otherwise modified. If the petition is for medical
360	benefits, the information shall include specific details as to
361	why such benefits are being requested, why such benefits are
362	medically necessary, and why current treatment, if any, is not
363	sufficient. Any petition requesting alternate or other medical
364	care, including, but not limited to, petitions requesting
365	psychiatric or psychological treatment, must specifically
366	identify the physician, as defined in s. 440.13(1), that is
367	recommending such treatment. A copy of a report from such
368	physician making the recommendation for alternate or other
369	medical care shall also be attached to the petition. A judge of
370	compensation claims shall not order such treatment if a
371	physician is not recommending such treatment."Commercial
372	building" means any building or structure intended for
373	commercial or industrial use, or any building or structure
374	intended for multifamily use of more than four dwelling units,
375	as well as any accessory use structures constructed in
376	conjunction with the principal structure. The term, "commercial
377	building," does not include the conversion of any existing
378	residential building to a commercial building.
379	(42) "Residential building" means any building or
380	structure intended for residential use containing four or fewer
381	dwelling units and any structures intended as an accessory use
382	to the residential structure.
383	Section 2. Effective January 1, 2004, subsections (8),
384	(15), and (16) of section 440.02, Florida Statutes, as amended
385	by this act, are amended to read:
386	440.02 Definitions.--When used in this chapter, unless the
387	context clearly requires otherwise, the following terms shall
388	have the following meanings:
389	(8) "Construction industry" means for-profit activities
390	involving the carrying out ofany building, clearing, filling,
391	excavation, or substantial improvement in the size or use of any
392	structure or the appearance of any land. When appropriate to the
393	context, "construction" refers to the act of construction or the
394	result of construction. However, "construction" doesshallnot
395	mean a homeowner'slandowner'sact of construction or the result
396	of a construction upon his or her own premises, provided such
397	premises are not intended to be sold,or resold, or leased by
398	the owner within 1 year after the commencement of construction.
399	The division may, by rule, establish standard industrial
400	classification codes and definitions thereof which meet the
401	criteria of the term "construction industry" as set forth in
402	this section.
403	(15)(a) "Employee" means any person who receives
404	remuneration from an employer for the performance of any work or
405	service whileengaged in any employment under any appointment or
406	contract forofhire or apprenticeship, express or implied, oral
407	or written, whether lawfully or unlawfully employed, and
408	includes, but is not limited to, aliens and minors.
409	(b) "Employee" includes any person who is an officer of a
410	corporation and who performs services for remuneration for such
411	corporation within this state, whether or not such services are
412	continuous.
413	1. Any officer of a corporation may elect to be exempt
414	from this chapter by filing written notice of the election with
415	the department as provided in s. 440.05.
416	2. As to officers of a corporation who are actively
417	engaged in the construction industry, no more than three
418	officers of a corporation or of any group of affiliated
419	corporationsmay elect to be exempt from this chapter by filing
420	written notice of the election with the department as provided
421	in s. 440.05. Officers must be shareholders, each owning at
422	least 10 percent of the stock of such corporation and listed as
423	an officer of such corporation with the Division of Corporations
424	of the Department of State, in order to elect exemptions under
425	this chapter. For purposes of this subparagraph, the term
426	"affiliated" means and includes one or more corporations or
427	entities, any one of which is a corporation engaged in the
428	construction industry, under the same or substantially the same
429	control of a group of business entities which are connected or
430	associated so that one entity controls or has the power to
431	control each of the other business entities. The term
432	"affiliated" includes, but is not limited to, the officers,
433	directors, executives, shareholders active in management,
434	employees, and agents of the affiliated corporation. The
435	ownership by one business entity of a controlling interest in
436	another business entity or a pooling of equipment or income
437	among business entities shall be prima facie evidence that one
438	business is affiliated with the other.
439	3. An officer of a corporation who elects to be exempt
440	from this chapter by filing a written notice of the election
441	with the department as provided in s. 440.05 is not an employee.
442
443	Services are presumed to have been rendered to the corporation
444	if the officer is compensated by other than dividends upon
445	shares of stock of the corporation which the officer owns.
446	(c) "Employee" includes:
447	1. A sole proprietor or a partner who is not engaged in
448	the construction industry,devotes full time to the
449	proprietorship or partnership, and, except as provided in this
450	paragraph,elects to be included in the definition of employee
451	by filing notice thereof as provided in s. 440.05. Partners or
452	sole proprietors actively engaged in the construction industry
453	are considered employees unless they elect to be excluded from
454	the definition of employee by filing written notice of the
455	election with the department as provided in s. 440.05. However,
456	no more than three partners in a partnership that is actively
457	engaged in the construction industry may elect to be excluded. A
458	sole proprietor or partner who is actively engaged in the
459	construction industry and who elects to be exempt from this
460	chapter by filing a written notice of the election with the
461	department as provided in s. 440.05 is not an employee. For
462	purposes of this chapter, an independent contractor is an
463	employee unless he or she meets all of the conditions set forth
464	in subparagraph (d)1.
465	2. All persons who are being paid by a construction
466	contractor as a subcontractor, unless the subcontractor has
467	validly elected an exemption as permitted by this chapter, or
468	has otherwise secured the payment of compensation coverage as a
469	subcontractor, consistent with s. 440.10, for work performed by
470	or as a subcontractor.
471	3. An independent contractor working or performing
472	services in the construction industry.
473	4. A sole proprietor who engages in the construction
474	industry and a partner or partnership that is engaged in the
475	construction industry.
476	(d) "Employee" does not include:
477	1. An independent contractor who is not engaged in the
478	construction industry., if:
479	a. In order to meet the definition of independent
480	contractor, at least four of the following criteria must be met:
481	(I) The independent contractor maintains a separate
482	business with his or her own work facility, truck, equipment,
483	materials, or similar accommodations;
484	(II) The independent contractor holds or has applied for a
485	federal employer identification number, unless the independent
486	contractor is a sole proprietor who is not required to obtain a
487	federal employer identification number under state or federal
488	regulations;
489	(III) The independent contractor receives compensation for
490	services rendered or work performed and such compensation is
491	paid to a business rather than to an individual;
492	(IV) The independent contractor holds one or more bank
493	accounts in the name of the business entity for purposes of
494	paying business expenses or other expenses related to services
495	rendered or work performed for compensation;
496	(V) The independent contractor performs work or is able to
497	perform work for any entity in addition to or besides the
498	employer at his or her own election without the necessity of
499	completing an employment application or process; or
500	(VI) The independent contractor receives compensation for
501	work or services rendered on a competitive-bid basis or
502	completion of a task or a set of tasks as defined by a
503	contractual agreement, unless such contractual agreement
504	expressly states that an employment relationship exists.The
505	independent contractor maintains a separate business with his or
506	her own work facility, truck, equipment, materials, or similar
507	accommodations;
508	b. If four of the criteria listed in sub-subparagraph a.
509	do not exist, an individual may still be presumed to be an
510	independent contractor and not an employee based on full
511	consideration of the nature of the individual situation with
512	regard to satisfying any of the following conditions:
513	(I) The independent contractor performs or agrees to
514	perform specific services or work for a specific amount of money
515	and controls the means of performing the services or work.
516	(II) The independent contractor incurs the principal
517	expenses related to the service or work that he or she performs
518	or agrees to perform.
519	(III) The independent contractor is responsible for the
520	satisfactory completion of the work or services that he or she
521	performs or agrees to perform.
522	(IV) The independent contractor receives compensation for
523	work or services performed for a commission or on a per-job
524	basis and not on any other basis.
525	(V) The independent contractor may realize a profit or
526	suffer a loss in connection with performing work or services.
527	(VI) The independent contractor has continuing or
528	recurring business liabilities or obligations.
529	(VII) The success or failure of the independent
530	contractor's business depends on the relationship of business
531	receipts to expenditures.The independent contractor holds or
532	has applied for a federal employer identification number, unless
533	the independent contractor is a sole proprietor who is not
534	required to obtain a federal employer identification number
535	under state or federal requirements;
536	c. Notwithstanding anything to the contrary in this
537	subparagraph, an individual claiming to be an independent
538	contractor has the burden of proving that he or she is an
539	independent contractor for purposes of this chapter.The
540	independent contractor performs or agrees to perform specific
541	services or work for specific amounts of money and controls the
542	means of performing the services or work;
543	d. The independent contractor incurs the principal
544	expenses related to the service or work that he or she performs
545	or agrees to perform;
546	e. The independent contractor is responsible for the
547	satisfactory completion of work or services that he or she
548	performs or agrees to perform and is or could be held liable for
549	a failure to complete the work or services;
550	f. The independent contractor receives compensation for
551	work or services performed for a commission or on a per-job or
552	competitive-bid basis and not on any other basis;
553	g. The independent contractor may realize a profit or
554	suffer a loss in connection with performing work or services;
555	h. The independent contractor has continuing or recurring
556	business liabilities or obligations; and
557	i. The success or failure of the independent contractor's
558	business depends on the relationship of business receipts to
559	expenditures.
560
561	However, the determination as to whether an individual included
562	in the Standard Industrial Classification Manual of 1987,
563	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
564	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
565	or a newspaper delivery person, is an independent contractor is
566	governed not by the criteria in this paragraph but by common-law
567	principles, giving due consideration to the business activity of
568	the individual.
569	2. A real estate salesperson or agent, if that person
570	agrees, in writing, to perform for remuneration solely by way of
571	commission.
572	3. Bands, orchestras, and musical and theatrical
573	performers, including disk jockeys, performing in licensed
574	premises as defined in chapter 562, if a written contract
575	evidencing an independent contractor relationship is entered
576	into before the commencement of such entertainment.
577	4. An owner-operator of a motor vehicle who transports
578	property under a written contract with a motor carrier which
579	evidences a relationship by which the owner-operator assumes the
580	responsibility of an employer for the performance of the
581	contract, if the owner-operator is required to furnish the
582	necessary motor vehicle equipment and all costs incidental to
583	the performance of the contract, including, but not limited to,
584	fuel, taxes, licenses, repairs, and hired help; and the owner-
585	operator is paid a commission for transportation service and is
586	not paid by the hour or on some other time-measured basis.
587	5. A person whose employment is both casual and not in the
588	course of the trade, business, profession, or occupation of the
589	employer.
590	6. A volunteer, except a volunteer worker for the state or
591	a county, municipality, or other governmental entity. A person
592	who does not receive monetary remuneration for services is
593	presumed to be a volunteer unless there is substantial evidence
594	that a valuable consideration was intended by both employer and
595	employee. For purposes of this chapter, the term "volunteer"
596	includes, but is not limited to:
597	a. Persons who serve in private nonprofit agencies and who
598	receive no compensation other than expenses in an amount less
599	than or equivalent to the standard mileage and per diem expenses
600	provided to salaried employees in the same agency or, if such
601	agency does not have salaried employees who receive mileage and
602	per diem, then such volunteers who receive no compensation other
603	than expenses in an amount less than or equivalent to the
604	customary mileage and per diem paid to salaried workers in the
605	community as determined by the department; and
606	b. Volunteers participating in federal programs
607	established under Pub. L. No. 93-113.
608	7. Unless otherwise prohibited by this chapter,any
609	officer of a corporation who elects to be exempt from this
610	chapter. Such officer is not an employee for any reason under
611	this chapter until the notice of revocation of election filed
612	pursuant to s. 440.05 is effective.
613	8. Ana sole proprietor or officer of a corporation who
614	actively engages in the construction industry, and a partner in
615	a partnership that is activelyengaged in the construction
616	industry,who elects to be exempt from the provisions of this
617	chapter, as otherwise permitted by this chapter. Such sole
618	proprietor, officer, or partneris not an employee for any
619	reason until the notice of revocation of election filed pursuant
620	to s. 440.05 is effective.
621	9. An exercise rider who does not work for a single horse
622	farm or breeder, and who is compensated for riding on a case-by-
623	case basis, provided a written contract is entered into prior to
624	the commencement of such activity which evidences that an
625	employee/employer relationship does not exist.
626	10. A taxicab, limousine, or other passenger vehicle-for-
627	hire driver who operates said vehicles pursuant to a written
628	agreement with a company which provides any dispatch, marketing,
629	insurance, communications, or other services under which the
630	driver and any fees or charges paid by the driver to the company
631	for such services are not conditioned upon, or expressed as a
632	proportion of, fare revenues.
633	11. A person who performs services as a sports official
634	for an entity sponsoring an interscholastic sports event or for
635	a public entity or private, nonprofit organization that sponsors
636	an amateur sports event. For purposes of this subparagraph, such
637	a person is an independent contractor. For purposes of this
638	subparagraph, the term "sports official" means any person who is
639	a neutral participant in a sports event, including, but not
640	limited to, umpires, referees, judges, linespersons,
641	scorekeepers, or timekeepers. This subparagraph does not apply
642	to any person employed by a district school board who serves as
643	a sports official as required by the employing school board or
644	who serves as a sports official as part of his or her
645	responsibilities during normal school hours.
646	12. Medicaid-enrolled clients under chapter 393 who are
647	excluded from the definition of employment under s.
648	443.036(21)(d)5. and served by Adult Day Training Services under
649	the Home and Community-Based Medicaid Waiver program in a
650	sheltered workshop setting licensed by the United States
651	Department of Labor for the purpose of training and earning less
652	than the federal hourly minimum wage.
653	(16)(a)"Employer" means the state and all political
654	subdivisions thereof, all public and quasi-public corporations
655	therein, every person carrying on any employment, and the legal
656	representative of a deceased person or the receiver or trustees
657	of any person. "Employer" also includes employment agencies,
658	employee leasing companies, and similar agents who provide
659	employees to other persons.If the employer is a corporation,
660	parties in actual control of the corporation, including, but not
661	limited to, the president, officers who exercise broad corporate
662	powers, directors, and all shareholders who directly or
663	indirectly own a controlling interest in the corporation, are
664	considered the employer for the purposes of ss. 440.105,and
665	440.106, and 440.107.
666	(b) A homeowner shall not be considered the employer of
667	persons hired by the homeowner to carry out construction on the
668	homeowner's own premises if those premises are not intended for
669	immediate lease, sale, or resale.
670	(c) Facilities serving individuals under subparagraph
671	(15)(d)12. shall be considered agents of the Agency for Health
672	Care Administration as it relates to providing Adult Day
673	Training Services under the Home and Community-Based Medicaid
674	Waiver program and not employers or third parties for the
675	purpose of limiting or denying Medicaid benefits.
676	Section 3. Effective January 1, 2004, subsections (3),
677	(4), (6), (10), (11), and (12) of section 440.05, Florida
678	Statutes, are amended, present subsection (13) is renumbered as
679	subsection (11) and amended, and new subsections (12), (13),
680	(14), and (15) are added to said section, to read:
681	440.05 Election of exemption; revocation of election;
682	notice; certification.--
683	(3) Each sole proprietor, partner, orofficer of a
684	corporation who is activelyengaged in the construction industry
685	and who elects an exemption from this chapter or who, after
686	electing such exemption, revokes that exemption, must mail a
687	written notice to such effect to the department on a form
688	prescribed by the department. The notice of election to be
689	exempt from the provisions of this chapter must be notarized and
690	under oath. The notice of election to be exempt which is
691	submitted to the department by the sole proprietor, partner, or
692	officer of a corporation who is allowed to claim an exemption as
693	provided by this chaptermust list the name, federal tax
694	identification number, social security number, all certified or
695	registered licenses issued pursuant to chapter 489 held by the
696	person seeking the exemption, a copy of relevant documentation
697	as to employment status filed with the Internal Revenue Service
698	as specified by the department, a copy of the relevant
699	occupational license in the primary jurisdiction of the
700	business, and, for corporate officers and partners,the
701	registration number of the corporation or partnershipfiled with
702	the Division of Corporations of the Department of State along
703	with a copy of the stock certificate evidencing the required
704	ownership under this chapter. The notice of election to be
705	exempt must identify each sole proprietorship, partnership, or
706	corporation that employs the person electing the exemption and
707	must list the social security number or federal tax
708	identification number of each such employer and the additional
709	documentation required by this section. In addition, the notice
710	of election to be exempt must provide that the sole proprietor,
711	partner, orofficer electing an exemption is not entitled to
712	benefits under this chapter, must provide that the election does
713	not exceed exemption limits for officers and partnerships
714	provided in s. 440.02, and must certify that any employees of
715	the corporation whosesole proprietor, partner, or officer
716	electselectingan exemption are covered by workers'
717	compensation insurance. Upon receipt of the notice of the
718	election to be exempt, receipt of all application fees, and a
719	determination by the department that the notice meets the
720	requirements of this subsection, the department shall issue a
721	certification of the election to the sole proprietor, partner,
722	orofficer, unless the department determines that the
723	information contained in the notice is invalid. The department
724	shall revoke a certificate of election to be exempt from
725	coverage upon a determination by the department that the person
726	does not meet the requirements for exemption or that the
727	information contained in the notice of election to be exempt is
728	invalid. The certificate of election must list the namenamesof
729	the sole proprietorship, partnership, orcorporation listed in
730	the request for exemption. A new certificate of election must be
731	obtained each time the person is employed by a new sole
732	proprietorship, partnership, or differentcorporation that is
733	not listed on the certificate of election. A copy of the
734	certificate of election must be sent to each workers'
735	compensation carrier identified in the request for exemption.
736	Upon filing a notice of revocation of election, ana sole
737	proprietor, partner, or officer who is a subcontractor or an
738	officer of a corporate subcontractormust notify her or his
739	contractor. Upon revocation of a certificate of election of
740	exemption by the department, the department shall notify the
741	workers' compensation carriers identified in the request for
742	exemption.
743	(4) The notice of election to be exempt from the
744	provisions of this chapter must contain a notice that clearly
745	states in substance the following: "Any person who, knowingly
746	and with intent to injure, defraud, or deceive the department or
747	any employer or employee, insurance company, or any other person
748	purposes program, files a notice of election to be exempt
749	containing any false or misleading information is guilty of a
750	felony of the third degree." Each person filing a notice of
751	election to be exempt shall personally sign the notice and
752	attest that he or she has reviewed, understands, and
753	acknowledges the foregoing notice.
754	(6) A construction industry certificate of election to be
755	exempt which is issued in accordance with this section shall be
756	valid for 2 years after the effective date stated thereon. Both
757	the effective date and the expiration date must be listed on the
758	face of the certificate by the department. The construction
759	industry certificate must expire at midnight, 2 years from its
760	issue date, as noted on the face of the exemption certificate.
761	Any person who has received from the division a construction
762	industry certificate of election to be exempt which is in effect
763	on December 31, 1998, shall file a new notice of election to be
764	exempt by the last day in his or her birth month following
765	December 1, 1998. A construction industry certificate of
766	election to be exempt may be revoked before its expiration by
767	the sole proprietor, partner, orofficer for whom it was issued
768	or by the department for the reasons stated in this section. At
769	least 60 days prior to the expiration date of a construction
770	industry certificate of exemption issued after December 1, 1998,
771	the department shall send notice of the expiration date and an
772	application for renewal to the certificateholder at the address
773	on the certificate.
774	(10) Each sole proprietor, partner, orofficer of a
775	corporation who is actively engaged in the construction industry
776	and who elects an exemption from this chapter shall maintain
777	business records as specified by the division by rule, which
778	rules must include the provision that any corporation with
779	exempt officers and any partnership activelyengaged in the
780	construction industry with exempt partnersmust maintain written
781	statements of those exempted persons affirmatively acknowledging
782	each such individual's exempt status.
783	(11) Any sole proprietor or partner actively engaged in
784	the construction industry claiming an exemption under this
785	section shall maintain a copy of his or her federal income tax
786	records for each of the immediately previous 3 years in which he
787	or she claims an exemption. Such federal income tax records must
788	include a complete copy of the following for each year in which
789	an exemption is claimed:
790	(a) For sole proprietors, a copy of Federal Income Tax
791	Form 1040 and its accompanying Schedule C;
792	(b) For partners, a copy of the partner's Federal Income
793	Tax Schedule K-1 (Form 1065) and Federal Income Tax Form 1040
794	and its accompanying Schedule E.
795
796	A sole proprietor or partner shall produce, upon request by the
797	division, a copy of those documents together with a statement by
798	the sole proprietor or partner that the tax records provided are
799	true and accurate copies of what the sole proprietor or partner
800	has filed with the federal Internal Revenue Service. The
801	statement must be signed under oath by the sole proprietor or
802	partner and must be notarized. The division shall issue a stop-
803	work order under s. 440.107(5) to any sole proprietor or partner
804	who fails or refuses to produce a copy of the tax records and
805	affidavit required under this paragraph to the division within 3
806	business days after the request is made.
807	(12) For those sole proprietors or partners that have not
808	been in business long enough to provide the information required
809	of an established business, the division shall require such sole
810	proprietor or partner to provide copies of the most recently
811	filed Federal Income Tax Form 1040. The division shall establish
812	by rule such other criteria to show that the sole proprietor or
813	partner intends to engage in a legitimate enterprise within the
814	construction industry and is not otherwiseattempting to evade
815	the requirements of this section. The division shall establish
816	by rule the form and format of financial information required to
817	be submitted by such employers.
818	(11)(13) Any corporate officer permitted by this chapter
819	to claimclaiming an exemption under this sectionmust be listed
820	on the records of this state's Secretary of State, Division of
821	Corporations, as a corporate officer. If the person who claims
822	an exemption as a corporate officer is not so listed on the
823	records of the Secretary of State, the individual must provide
824	to the division, upon request by the division, a notarized
825	affidavit stating that the individual is a bona fide officer of
826	the corporation and stating the date his or her appointment or
827	election as a corporate officer became or will become effective.
828	The statement must be signed under oath by both the officer and
829	the president or chief operating officer of the corporation and
830	must be notarized.The division shall issue a stop-work order
831	under s. 440.107(1) to any corporation who employs a person who
832	claims to be exempt as a corporate officer but who fails or
833	refuses to produce the documents required under this subsection
834	to the division within 3 business days after the request is
835	made.
836	(12) Certificates of election to be exempt issued under
837	subsection (3) shall apply only to the corporate officer named
838	on the notice of election to be exempt and apply only within the
839	scope of the business or trade listed on the notice of election
840	to be exempt.
841	(13) Notices of election to be exempt and certificates of
842	election to be exempt shall be subject to revocation if, at any
843	time after the filing of the notice or the issuance of the
844	certificate, the person named on the notice or certificate no
845	longer meets the requirements of this section for issuance of a
846	certificate. The department shall revoke a certificate at any
847	time for failure of the person named on the certificate to meet
848	the requirements of this section.
849	(14) An officer of a corporation who elects exemption from
850	this chapter by filing a certificate of election under this
851	section may not recover benefits or compensation under this
852	chapter. For purposes of determining the appropriate premium for
853	workers' compensation coverage, carriers may not consider any
854	officer of a corporation who validly meets the requirements of
855	this section to be an employee.
856	(15) Any corporate officer who is an affiliated person
857	of a person who is delinquent in paying a stop-work order and
858	penalty assessment order issued pursuant to s. 440.107, or owed
859	pursuant to a court order, is ineligible for an election of
860	exemption. The stop-work order and penalty assessment shall be
861	in effect against any such affiliated person. As used in this
862	subsection, the term "affiliated person" means:
863	(a) The spouse of such other person;
864	(b) Any person who directly or indirectly owns or
865	controls, or holds with the power to vote, 10 percent or more of
866	the outstanding voting securities of such other person;
867	(c) Any person who directly or indirectly owns 10 percent
868	or more of the outstanding voting securities that are directly
869	or indirectly owned, controlled, or held with the power to vote
870	by such other person;
871	(d) Any person or group of persons who directly or
872	indirectly control, are controlled by, or are under common
873	control with such other person;
874	(e) Any person who directly or indirectly acquires all or
875	substantially all of the other assets of such other person;
876	(f) Any officer, director, trustee, partner, owner,
877	manager, joint venturer, or employee of such other person or a
878	person performing duties similar to persons in such positions;
879	or
880	(g) Any person who has an officer, director, trustee,
881	partner, or joint venturer in common with such person.
882	Section 4. Section 440.06, Florida Statutes, is amended to
883	read:
884	440.06 Failure to secure compensation; effect.--Every
885	employer who fails to secure the payment of compensation, as
886	provided in s. 440.10, by failing to meet the requirements of
887	under this chapter as provided ins. 440.38 may not, in any suit
888	brought against him or her by an employee subject to this
889	chapter to recover damages for injury or death, defend such a
890	suit on the grounds that the injury was caused by the negligence
891	of a fellow servant, that the employee assumed the risk of his
892	or her employment, or that the injury was due to the comparative
893	negligence of the employee.
894	Section 5. Effective January 1, 2004, section 440.077,
895	Florida Statutes, is amended to read:
896	440.077 When a corporatesole proprietor, partner, or
897	officer rejects chapter, effect.--AnA sole proprietor, partner,
898	or officer of a corporation who is permitted to elect an
899	exemption under this chapteractively engaged in the
900	construction industryand who elects to be exempt from the
901	provisions of this chapter may not recover benefits under this
902	chapter.
903	Section 6. Subsections (1) and (4) of section 440.09,
904	Florida Statutes, are amended and paragraph (e) is added to
905	subsection (7) of said section, to read:
906	440.09 Coverage.--
907	(1) The employer mustshallpay compensation or furnish
908	benefits required by this chapter if the employee suffers an
909	accidental compensableinjury or death arising out of work
910	performed in the course and the scope of employment. The injury,
911	its occupational cause, and any resulting manifestations or
912	disability mustshallbe established to a reasonable degree of
913	medical certainty, based onand by objective relevantmedical
914	findings, and the accidental compensable injury must be the
915	major contributing cause of any resulting injuries. For purposes
916	of this section, "major contributing cause" means the cause
917	which is more than 50 percent responsible for the injury as
918	compared to all other causes combined for which treatment or
919	benefits are sought. In cases involving occupational disease or
920	repetitive exposure, both causation and sufficient exposure to
921	support causation must be proven by clear and convincing
922	evidence. Pain or other subjective complaints alone, in the
923	absence of objective relevant medical findings, are not
924	compensable. For purposes of this section, "objective relevant
925	medical findings" are those objective findings that correlate to
926	the subjective complaints of the injured employee and are
927	confirmed by physical examination findings or diagnostic
928	testing. Establishment of the causal relationship between a
929	compensable accident and injuries for conditions that are not
930	readily observable must be by medical evidence only, as
931	demonstrated by physical examination findings or diagnostic
932	testing. Major contributing cause must be demonstrated by
933	medical evidence only. Mental or nervous injuries occurring as a
934	manifestation of an injury compensable under this section shall
935	be demonstrated by clear and convincing evidence.
936	(a) This chapter does not require any compensation or
937	benefits for any subsequent injury the employee suffers as a
938	result of an original injury arising out of and in the course of
939	employment unless the original injury is the major contributing
940	cause of the subsequent injury. Major contributing cause must be
941	demonstrated by medical evidence only.
942	(b) If an injury arising out of and in the course of
943	employment combines with a preexisting disease or condition to
944	cause or prolong disability or need for treatment, the employer
945	must pay compensation or benefits required by this chapter only
946	to the extent that the injury arising out of and in the course
947	of employment is and remains more than 50 percent responsible
948	for the injury as compared to all other causes combined and
949	thereafter remainsthe major contributing cause of the
950	disability or need for treatment. Major contributing cause must
951	be demonstrated by medical evidence only.
952	(c) Death resulting from an operation by a surgeon
953	furnished by the employer for the cure of hernia as required in
954	s. %_%0%_%[F.S. 1981]shall for the purpose of this chapter be
955	considered to be a death resulting from the accident causing the
956	hernia.
957	(d) If an accident happens while the employee is employed
958	elsewhere than in this state, which would entitle the employee
959	or his or her dependents to compensation if it had happened in
960	this state, the employee or his or her dependents are entitled
961	to compensation if the contract of employment was made in this
962	state, or the employment was principally localized in this
963	state. However, if an employee receives compensation or damages
964	under the laws of any other state, the total compensation for
965	the injury may not be greater than is provided in this chapter.
966	(4)(a)An employee shall not be entitled to compensation
967	or benefits under this chapter if any judge of compensation
968	claims, administrative law judge, court, or jury convened in
969	this state determines that the employee has knowingly or
970	intentionally engaged in any of the acts described in s. 440.105
971	or any criminal actfor the purpose of securing workers'
972	compensation benefits. For purposes of this section, the term
973	"intentional" shall include, but is not limited to, pleas of
974	guilty or nolo contendere in criminal matters. This section
975	shall apply to accidents, regardless of the date of the
976	accident. For injuries occurring prior to January 1, 1994, this
977	section shall pertain to the acts of the employee described in
978	s. 440.105 or criminal activities occurring subsequent to
979	January 1, 1994.
980	(b) A judge of compensation claims, administrative law
981	judge, or court of this state shall take judicial notice of a
982	finding of insurance fraud by a court of competent jurisdiction
983	and terminate or otherwise disallow benefits.
984	(c) Upon the denial of benefits in accordance with this
985	section, a judge of compensation claims shall have the
986	jurisdiction to order any benefits payable to the employee to be
987	paid into the court registry or an escrow account during the
988	pendency of an appeal or until such time as the time in which to
989	file an appeal has expired.
990	(7)
991	(e) As a part of rebutting any presumptions under
992	paragraph (b), the injured worker must prove the actual
993	quantitative amounts of the drug or its metabolites as measured
994	on the initial and confirmation post-accident drug tests of the
995	injured worker's urine sample and provide additional evidence
996	regarding the absence of drug influence other than the worker's
997	denial of being under the influence of a drug. No drug test
998	conducted on a urine sample shall be rejected as to its results
999	or the presumption imposed under paragraph (b) on the basis of
1000	the urine being bodily fluid tested.
1001	Section 7. Section 440.093, Florida Statutes, is created
1002	to read:
1003	440.093 Mental and nervous injuries.--
1004	(1) A mental or nervous injury due to stress, fright, or
1005	excitement only is not an injury by accident arising out of the
1006	employment. Nothing in this section shall be construed to allow
1007	for the payment of benefits under this chapter for mental or
1008	nervous injuries without an accompanying physical injury
1009	requiring medical treatment. A physical injury resulting from
1010	mental or nervous injuries unaccompanied by physical trauma
1011	requiring medical treatment shall not be compensable under this
1012	chapter.
1013	(2) Mental or nervous injuries occurring as a
1014	manifestation of an injury compensable under this chapter shall
1015	be demonstrated by clear and convincing medical evidence by a
1016	licensed psychiatrist meeting criteria established in the most
1017	recent edition of the diagnostic and statistical manual of
1018	mental disorders published by the American Psychiatric
1019	Association. The compensable physical injury must be and remain
1020	the major contributing cause of the mental or nervous condition
1021	and the compensable physical injury as determined by reasonable
1022	medical certainty must be at least 50 percent responsible for
1023	the mental or nervous condition as compared to all other
1024	contributing causes combined. Compensation is not payable for
1025	the mental, psychological, or emotional injury arising out of
1026	depression from being out of work or losing employment
1027	opportunities, resulting from a preexisting mental,
1028	psychological, or emotional condition or due to pain or other
1029	subjective complaints that cannot be substantiated by objective,
1030	relevant medical findings.
1031	(3) Subject to the payment of permanent benefits under s.
1032	440.15, in no event shall benefits for a compensable mental or
1033	nervous injury be paid for more than 3 months after the date of
1034	maximum medical improvement for the injured employee's physical
1035	injury or injuries, which shall be included in the period of 104
1036	weeks as provided in s. 440.15(2) and (4). Mental or nervous
1037	injuries are compensable only in accordance with the terms of
1038	this section.
1039	Section 8. Effective January 1, 2004, subsection (1) of
1040	section 440.10, Florida Statutes, is amended to read:
1041	440.10 Liability for compensation.--
1042	(1)(a) Every employer coming within the provisions of this
1043	chapter, including any brought within the chapter by waiver of
1044	exclusion or of exemption,shall be liable for, and shall
1045	secure, the payment to his or her employees, or any physician,
1046	surgeon, or pharmacist providing services under the provisions
1047	of s. 440.13, of the compensation payable under ss. 440.13,
1048	440.15, and 440.16. Any contractor or subcontractor who engages
1049	in any public or private construction in the state shall secure
1050	and maintain compensation for his or her employees under this
1051	chapter as provided in s. 440.38.
1052	(b) In case a contractor sublets any part or parts of his
1053	or her contract work to a subcontractor or subcontractors, all
1054	of the employees of such contractor and subcontractor or
1055	subcontractors engaged on such contract work shall be deemed to
1056	be employed in one and the same business or establishment,;and
1057	the contractor shall be liable for, and shall secure, the
1058	payment of compensation to all such employees, except to
1059	employees of a subcontractor who has secured such payment.
1060	(c) A contractor shallmayrequire a subcontractor to
1061	provide evidence of workers' compensation insurance or a copy of
1062	his or her certificate of election. A subcontractor who is a
1063	corporation and has an officer who electselectingto be exempt
1064	as permitted under this chaptera sole proprietor, partner, or
1065	officer of a corporationshall provide a copy of his or her
1066	certificate of exemptionelectionto the contractor.
1067	(d)1. If a contractor becomes liable for the payment of
1068	compensation to the employees of a subcontractor who has failed
1069	to secure such payment in violation of s. 440.38, the contractor
1070	or other third-party payor shall be entitled to recover from the
1071	subcontractor all benefits paid or payable plus interest unless
1072	the contractor and subcontractor have agreed in writing that the
1073	contractor will provide coverage.
1074	2. If a contractor or third-party payor becomes liable for
1075	the payment of compensation to the corporate officeremployeeof
1076	a subcontractor who is activelyengaged in the construction
1077	industry and has elected to be exempt from the provisions of
1078	this chapter, but whose election is invalid, the contractor or
1079	third-party payor may recover from the claimant, partnership,or
1080	corporation all benefits paid or payable plus interest, unless
1081	the contractor and the subcontractor have agreed in writing that
1082	the contractor will provide coverage.
1083	(e) A subcontractor providing services in conjunction with
1084	a contractor on the same project or contract workis not liable
1085	for the payment of compensation to the employees of another
1086	subcontractor or the contractor on such contract work and is not
1087	protected by the exclusiveness-of-liability provisions of s.
1088	440.11 from anyaction at law or in admiralty on account of
1089	injury to anof such employee of another subcontractor, or of
1090	the contractor, provided that:
1091	1. The subcontractor has secured workers' compensation
1092	insurance for its employees or the contractor has secured such
1093	insurance on behalf of the subcontractor and its employees in
1094	accordance with paragraph (b); and
1095	2. The subcontractor's own gross negligence was not the
1096	major contributing cause of the injury.
1097	(f) If an employer fails to secure compensation as
1098	required by this chapter, the department shallmayassess
1099	against the employer a penalty not to exceed $5,000 for each
1100	employee of that employer who is classified by the employer as
1101	an independent contractor but who is found by the department to
1102	not meet the criteria for an independent contractor that are set
1103	forth in s. 440.02. The division shall adopt rules to administer
1104	the provisions of this paragraph.
1105	(g) Subject to s. 440.38, any employer who has employees
1106	engaged in work in this state shall obtain a Florida policy or
1107	endorsement for such employees which utilizes Florida class
1108	codes, rates, rules, and manuals that are in compliance with and
1109	approved under the provisions of this chapter and the Florida
1110	Insurance Code. Failure to comply with this paragraph is a
1111	felony of the second degree, punishable as provided in s.
1112	775.082, s. 775.083, or s. 775.084. The department shall adopt
1113	rules for construction industry and nonconstruction-industry
1114	employers with regard to the activities that define what
1115	constitutes being "engaged in work" in this state, using the
1116	following standards:
1117	1. For employees of nonconstruction-industry employers who
1118	have their headquarters outside of Florida and also operate in
1119	Florida and who are routinely crossing state lines, but usually
1120	return to their homes each night, the employee shall be assigned
1121	to the headquarters' state. However, the construction industry
1122	employees performing new construction or alterations in Florida
1123	shall be assigned to Florida even if the employees return to
1124	their home state each night.
1125	2. The payroll of executive supervisors who may visit a
1126	Florida location but who are not in direct charge of a Florida
1127	location shall be assigned to the state in which the
1128	headquarters is located.
1129	3. For construction contractors who maintain a permanent
1130	staff of employees and superintendents, if any of these
1131	employees or superintendents are assigned to a job that is
1132	located in Florida, either for the duration of the job or any
1133	portion thereof, their payroll shall be assigned to Florida
1134	rather than headquarters' state.
1135	4. Employees who are hired for a specific project in
1136	Florida shall be assigned to Florida.For purposes of this
1137	section, a person is conclusively presumed to be an independent
1138	contractor if:
1139	1. The independent contractor provides the general
1140	contractor with an affidavit stating that he or she meets all
1141	the requirements of s. 440.02; and
1142	2. The independent contractor provides the general
1143	contractor with a valid certificate of workers' compensation
1144	insurance or a valid certificate of exemption issued by the
1145	department.
1146
1147	A sole proprietor, partner, or officer of a corporation who
1148	elects exemption from this chapter by filing a certificate of
1149	election under s. 440.05 may not recover benefits or
1150	compensation under this chapter. An independent contractor who
1151	provides the general contractor with both an affidavit stating
1152	that he or she meets the requirements of s. 440.02 and a
1153	certificate of exemption is not an employee under s. 440.02 and
1154	may not recover benefits under this chapter. For purposes of
1155	determining the appropriate premium for workers' compensation
1156	coverage, carriers may not consider any person who meets the
1157	requirements of this paragraph to be an employee.
1158	Section 9. Section 440.1025, Florida Statutes, is amended
1159	to read:
1160	440.1025 Consideration of publicEmployer workplace safety
1161	program in rate-setting; program requirements; rulemaking.—
1162	(1) For a public or privateemployer to be eligible for
1163	receipt of specific identifiable consideration under s. 627.0915
1164	for a workplace safety program in the setting of rates, the
1165	publicemployer must have a workplace safety program. At a
1166	minimum, the program must include a written safety policy and
1167	safety rules, and make provision for safety inspections,
1168	preventative maintenance, safety training, first-aid, accident
1169	investigation, and necessary recordkeeping. For purposes of this
1170	section, "public employer" means any agency within state,
1171	county, or municipal government employing individuals for
1172	salary, wages, or other remuneration. The division may adopt
1173	promulgate rules for insurers to utilize in determining public
1174	employer compliance with the requirements of this section.
1175	(2) The division shall publicize on the Internet, and
1176	shall encourage insurers to publicize, the availability of free
1177	safety consultation services and safety program resources.
1178	Section 10. Section 440.103, Florida Statutes, is amended
1179	to read:
1180	440.103 Building permits; identification of minimum
1181	premium policy.--Except as otherwise provided in this chapter,
1182	Every employer shall, as a condition to applying for and
1183	receiving a building permit, show proof and certify to the
1184	permit issuerthat it has secured compensation for its employees
1185	under this chapter as provided in ss. 440.10 and 440.38. Such
1186	proof of compensation must be evidenced by a certificate of
1187	coverage issued by the carrier, a valid exemption certificate
1188	approved by the department or the former Division of Workers'
1189	Compensation of the Department of Labor and Employment Security,
1190	or a copy of the employer's authority to self-insure and shall
1191	be presented each time the employer applies for a building
1192	permit. As provided in s. 627.413(5), each certificate of
1193	coverage must show, on its face, whether or not coverage is
1194	secured under the minimum premium provisions of rules adopted by
1195	rating organizations licensed by the department. The words
1196	"minimum premium policy" or equivalent language shall be typed,
1197	printed, stamped, or legibly handwritten.
1198	Section 11. Section 440.105, Florida Statutes, is amended
1199	to read:
1200	440.105 Prohibited activities; reports; penalties;
1201	limitations.--
1202	(1)(a) Any insurance carrier, any individual self-insured,
1203	any commercial or group self-insurance fund, any professional
1204	practitioner licensed or regulated by the Department of Health
1205	Business and Professional Regulation, except as otherwise
1206	provided by law, any medical review committee as defined in s.
1207	766.101, any private medical review committee, and any insurer,
1208	agent, or other person licensed under the insurance code, or any
1209	employee thereof, having knowledge or who believes that a
1210	fraudulent act or any other act or practice which, upon
1211	conviction, constitutes a felony or misdemeanor under this
1212	chapter is being or has been committed shall send to the
1213	Division of Insurance Fraud, Bureau of Workers' Compensation
1214	Fraud, a report or information pertinent to such knowledge or
1215	belief and such additional information relative thereto as the
1216	bureau may require. The bureau shall review such information or
1217	reports and select such information or reports as, in its
1218	judgment, may require further investigation. It shall then cause
1219	an independent examination of the facts surrounding such
1220	information or report to be made to determine the extent, if
1221	any, to which a fraudulent act or any other act or practice
1222	which, upon conviction, constitutes a felony or a misdemeanor
1223	under this chapter is being committed. The bureau shall report
1224	any alleged violations of law which its investigations disclose
1225	to the appropriate licensing agency and state attorney or other
1226	prosecuting agency having jurisdiction with respect to any such
1227	violations of this chapter. If prosecution by the state attorney
1228	or other prosecuting agency having jurisdiction with respect to
1229	such violation is not begun within 60 days of the bureau's
1230	report, the state attorney or other prosecuting agency having
1231	jurisdiction with respect to such violation shall inform the
1232	bureau of the reasons for the lack of prosecution.
1233	(b) In the absence of fraud or bad faith, a person is not
1234	subject to civil liability for libel, slander, or any other
1235	relevant tort by virtue of filing reports, without malice, or
1236	furnishing other information, without malice, required by this
1237	section or required by the bureau, and no civil cause of action
1238	of any nature shall arise against such person:
1239	1. For any information relating to suspected fraudulent
1240	acts furnished to or received from law enforcement officials,
1241	their agents, or employees;
1242	2. For any information relating to suspected fraudulent
1243	acts furnished to or received from other persons subject to the
1244	provisions of this chapter; or
1245	3. For any such information relating to suspected
1246	fraudulent acts furnished in reports to the bureau, or the
1247	National Association of Insurance Commissioners.
1248	(2) Whoever violates any provision of this subsection
1249	commits a misdemeanor of the firstseconddegree, punishable as
1250	provided in s. 775.082 or s. 775.083.
1251	(a) It shall be unlawful for any employer to knowingly:
1252	1. Coerce or attempt to coerce, as a precondition to
1253	employment or otherwise, an employee to obtain a certificate of
1254	election of exemption pursuant to s. 440.05.
1255	2. Discharge or refuse to hire an employee or job
1256	applicant because the employee or applicant has filed a claim
1257	for benefits under this chapter.
1258	3. Discharge, discipline, or take any other adverse
1259	personnel action against any employee for disclosing information
1260	to the department or any law enforcement agency relating to any
1261	violation or suspected violation of any of the provisions of
1262	this chapter or rules promulgated hereunder.
1263	4. Violate a stop-work order issued by the department
1264	pursuant to s. 440.107.
1265	(b) It shall be unlawful for any insurance entity to
1266	revoke or cancel a workers' compensation insurance policy or
1267	membership because an employer has returned an employee to work
1268	or hired an employee who has filed a workers' compensation
1269	claim.
1270	(3) Whoever violates any provision of this subsection
1271	commits a misdemeanor of the first degree, punishable as
1272	provided in s. 775.082 or s. 775.083.
1273	(a) It shall be unlawful for any employer to knowingly
1274	fail to update applications for coverage as required by s.
1275	440.381(1) and department of Insurance rules within 7 days after
1276	the reporting date for any change in the required information,
1277	or to post notice of coverage pursuant to s. 440.40.
1278	(b) It is unlawful for any attorney or other person, in
1279	his or her individual capacity or in his or her capacity as a
1280	public or private employee, or for any firm, corporation,
1281	partnership, or association to receive any fee or other
1282	consideration or any gratuity from a person on account of
1283	services rendered for a person in connection with any
1284	proceedings arising under this chapter, unless such fee,
1285	consideration, or gratuity is approved by a judge of
1286	compensation claims or by the Deputy Chief Judge of Compensation
1287	Claims.
1288	(4) Whoever violates any provision of this subsection
1289	commits insurance fraud, punishable as provided in paragraph
1290	(f).
1291	(a) It shall be unlawful for any employer to knowingly:
1292	1. Present or cause to be presented any false, fraudulent,
1293	or misleading oral or written statement to any person as
1294	evidence of compliance with s. 440.38.
1295	2. Make a deduction from the pay of any employee entitled
1296	to the benefits of this chapter for the purpose of requiring the
1297	employee to pay any portion of premium paid by the employer to a
1298	carrier or to contribute to a benefit fund or department
1299	maintained by such employer for the purpose of providing
1300	compensation or medical services and supplies as required by
1301	this chapter.
1302	3. Fail to secure payment of compensation if required to
1303	do so by this chapter.
1304	(b) It shall be unlawful for any person:
1305	1. To knowingly make, or cause to be made, any false,
1306	fraudulent, or misleading oral or written statement for the
1307	purpose of obtaining or denying any benefit or payment under
1308	this chapter.
1309	2. To present or cause to be presented any written or oral
1310	statement as part of, or in support of, a claim for payment or
1311	other benefit pursuant to any provision of this chapter, knowing
1312	that such statement contains any false, incomplete, or
1313	misleading information concerning any fact or thing material to
1314	such claim.
1315	3. To prepare or cause to be prepared any written or oral
1316	statement that is intended to be presented to any employer,
1317	insurance company, or self-insured program in connection with,
1318	or in support of, any claim for payment or other benefit
1319	pursuant to any provision of this chapter, knowing that such
1320	statement contains any false, incomplete, or misleading
1321	information concerning any fact or thing material to such claim.
1322	4. To knowingly assist, conspire with, or urge any person
1323	to engage in activity prohibited by this section.
1324	5. To knowingly make any false, fraudulent, or misleading
1325	oral or written statement, or to knowingly omit or conceal
1326	material information, required by s. 440.185 or s. 440.381, for
1327	the purpose of obtaining workers' compensation coverage or for
1328	the purpose of avoiding, delaying, or diminishing the amount of
1329	payment of any workers' compensation premiums.
1330	6. To knowingly misrepresent or conceal payroll,
1331	classification of workers, or information regarding an
1332	employer's loss history which would be material to the
1333	computation and application of an experience rating modification
1334	factor for the purpose of avoiding or diminishing the amount of
1335	payment of any workers' compensation premiums.
1336	7. To knowingly present or cause to be presented any
1337	false, fraudulent, or misleading oral or written statement to
1338	any person as evidence of compliance with s. 440.38, as evidence
1339	of eligibility for a certificate of exemption under s. 440.05.
1340	8. To knowingly violate a stop-work order issued by the
1341	department pursuant to s. 440.107.
1342	9. To knowingly present or cause to be presented any
1343	false, fraudulent, or misleading oral or written statement to
1344	any person as evidence of identity for the purpose of obtaining
1345	employment or filing or supporting a claim for workers'
1346	compensation benefits.
1347	(c) It shall be unlawful for any physician licensed under
1348	chapter 458, osteopathic physician licensed under chapter 459,
1349	chiropractic physician licensed under chapter 460, podiatric
1350	physician licensed under chapter 461, optometric physician
1351	licensed under chapter 463, or any other practitioner licensed
1352	under the laws of this state to knowingly and willfully assist,
1353	conspire with, or urge any person to fraudulently violate any of
1354	the provisions of this chapter.
1355	(d) It shall be unlawful for any person or governmental
1356	entity licensed under chapter 395 to maintain or operate a
1357	hospital in such a manner so that such person or governmental
1358	entity knowingly and willfully allows the use of the facilities
1359	of such hospital by any person, in a scheme or conspiracy to
1360	fraudulently violate any of the provisions of this chapter.
1361	(e) It shall be unlawful for any attorney or other person,
1362	in his or her individual capacity or in his or her capacity as a
1363	public or private employee, or any firm, corporation,
1364	partnership, or association, to knowingly assist, conspire with,
1365	or urge any person to fraudulently violate any of the provisions
1366	of this chapter.
1367	(f) If the monetary valueamount of any claim or workers'
1368	compensation insurance premium involved in anyviolation of this
1369	subsection:
1370	1. Is less than $20,000, the offender commits a felony of
1371	the third degree, punishable as provided in s. 775.082, s.
1372	775.083, or s. 775.084.
1373	2. Is $20,000 or more, but less than $100,000, the
1374	offender commits a felony of the second degree, punishable as
1375	provided in s. 775.082,. 775.083, or s. 775.084.
1376	3. Is $100,000 or more, the offender commits a felony of
1377	the first degree, punishable as provided in s. 775.082, s.
1378	775.083, or s. 775.084.
1379	(5) It shall be unlawful for any attorney or other person,
1380	in his or her individual capacity or in his or her capacity as a
1381	public or private employee or for any firm, corporation,
1382	partnership, or association, to unlawfully solicit any business
1383	in and about city or county hospitals, courts, or any public
1384	institution or public place; in and about private hospitals or
1385	sanitariums; in and about any private institution; or upon
1386	private property of any character whatsoever for the purpose of
1387	making workers' compensation claims. Whoever violates any
1388	provision of this subsection commits a felony of the second
1389	thirddegree, punishable as provided in s. 775.082, s. 775.083,
1390	or s. 775.085.
1391	(6) This section shall not be construed to preclude the
1392	applicability of any other provision of criminal law that
1393	applies or may apply to any transaction.
1394	(7) For the purpose of the section, the term "statement"
1395	includes, but is not limited to, any notice, representation,
1396	statement, proof of injury, bill for services, diagnosis,
1397	prescription, hospital or doctor records, X ray, test result, or
1398	other evidence of loss, injury, or expense.
1399	(7)(8)An injured employee or any other party making a
1400	claim under this chapter shall provide his or her personal
1401	signature attesting that he or she has reviewed, understands,
1402	and acknowledgesAll claim forms as provided for in this chapter
1403	shall contain a notice that clearly states in substancethe
1404	following statement: "Any person who, knowingly and with intent
1405	to injure, defraud, or deceive any employer or employee,
1406	insurance company, or self-insured program, files a statement of
1407	claim containing any false or misleading information commits
1408	insurance fraud, punishable as provided in s. 817.234." If the
1409	injured employee or other party refuses to sign the document
1410	attestingEach claimant shall personally sign the claim form and
1411	attestthat he or she has reviewed, understands, and
1412	acknowledges the statement, benefits or payments under this
1413	chapter shall be suspended until such signature is obtained
1414	foregoing notice.
1415	Section 12. Subsection (3) of section 440.1051, Florida
1416	Statutes, is amended to read:
1417	440.1051 Fraud reports; civil immunity; criminal
1418	penalties.--
1419	(2) Any person who reports workers' compensation fraud to
1420	the division under subsection (1) is immune from civil liability
1421	for doing so, and the person or entity alleged to have committed
1422	the fraud may not retaliate against him or her for providing
1423	such report, unless the person making the report knows it to be
1424	false.
1425	(3) A person who calls and, knowingly and falsely, reports
1426	workers' compensation fraud or who, in violation of subsection
1427	(2) retaliates against a person for making such report, commits
1428	is guilty of a felonymisdemeanor of the thirdfirstdegree,
1429	punishable as provided in s. 775.082,or s. 775.083, or s.
1430	775.084both.
1431	Section 13. Section 440.107, Florida Statutes, is amended
1432	to read:
1433	440.107 Department powers to enforce employer compliance
1434	with coverage requirements.--
1435	(1) The Legislature finds that the failure of an employer
1436	to comply with the workers' compensation coverage requirements
1437	under this chapter poses an immediate danger to public health,
1438	safety, and welfare. The Legislature authorizes the department
1439	to secure employer compliance with the workers' compensation
1440	coverage requirements and authorizes the department to conduct
1441	investigations for the purpose of ensuring employer compliance.
1442	(2) For the purposes of this section, "securing the
1443	payment of workers' compensation" means obtaining coverage that
1444	meets the requirements of this chapter and the Florida Insurance
1445	Code. However, if at any time an employer materially understates
1446	or conceals payroll, materially misrepresents or conceals
1447	employee duties so as to avoid proper classification for premium
1448	calculations, or materially misrepresents or conceals
1449	information pertinent to the computation and application of an
1450	experience rating modification factor, such employer shall be
1451	deemed to have failed to secure payment of workers' compensation
1452	and shall be subject to the sanctions set forth in this section.
1453	A stop-work order issued because an employer is deemed to have
1454	failed to secure the payment of workers' compensation required
1455	under this chapter because the employer has materially
1456	understated or concealed payroll, materially misrepresented or
1457	concealed employee duties so as to avoid proper classification
1458	for premium calculations, or materially misrepresented or
1459	concealed information pertinent to the computation and
1460	application of an experience rating modification factor shall
1461	have no effect upon an employer's or carrier's duty to provide
1462	benefits under this chapter or upon any of the employer's or
1463	carrier's rights and defenses under this chapter, including
1464	exclusive remedy.The department and its authorized
1465	representatives may enter and inspect any place of business at
1466	any reasonable time for the limited purpose of investigating
1467	compliance with workers' compensation coverage requirements
1468	under this chapter. Each employer shall keep true and accurate
1469	business records that contain such information as the department
1470	prescribes by rule. The business records must contain
1471	information necessary for the department to determine compliance
1472	with workers' compensation coverage requirements and must be
1473	maintained within this state by the business, in such a manner
1474	as to be accessible within a reasonable time upon request by the
1475	department. The business records must be open to inspection and
1476	be available for copying by the department at any reasonable
1477	time and place and as often as necessary. The department may
1478	require from any employer any sworn or unsworn reports,
1479	pertaining to persons employed by that employer, deemed
1480	necessary for the effective administration of the workers'
1481	compensation coverage requirements.
1482	(3) The department shall enforce workers' compensation
1483	coverage requirements, including the requirement that the
1484	employer secure the payment of workers' compensation, and the
1485	requirement that the employer provide the carrier with
1486	information to accurately determine payroll and correctly assign
1487	classification codes. In addition to any other powers under this
1488	chapter, the department shall have the power to:
1489	(a) Conduct investigations for the purpose of ensuring
1490	employer compliance.
1491	(b) Enter and inspect any place of business at any
1492	reasonable time for the purpose of investigating employer
1493	compliance.
1494	(c) Examine and copy business records.
1495	(d) Administer oaths and affirmations.
1496	(e) Certify to official acts.
1497	(f) Issue and serve subpoenas for attendance of witnesses
1498	or production of business records, books, papers,
1499	correspondence, memoranda, and other records.
1500	(g) Issue stop-work orders, penalty assessment orders, and
1501	any other orders necessary for the administration of this
1502	section.
1503	(h) Enforce the terms of a stop-work order.
1504	(i) Levy and pursue actions to recover penalties.
1505	(j) Seek injunctions and other appropriate relief.In
1506	discharging its duties, the department may administer oaths and
1507	affirmations, certify to official acts, issue subpoenas to
1508	compel the attendance of witnesses and the production of books,
1509	papers, correspondence, memoranda, and other records deemed
1510	necessary by the department as evidence in order to ensure
1511	proper compliance with the coverage provisions of this chapter.
1512	(4) The department shall designate representatives who may
1513	serve subpoenas and other process of the department issued under
1514	this section.
1515	(5) The department shall specify by rule the business
1516	records that employers must maintain and produce to comply with
1517	this section.
1518	(6)(4)If a person has refused to obey a subpoena to
1519	appear before the department or its authorized representative or
1520	andproduce evidence requested by the department or to give
1521	testimony about the matter that is under investigation, a court
1522	has jurisdiction to issue an order requiring compliance with the
1523	subpoena if the court has jurisdiction in the geographical area
1524	where the inquiry is being carried on or in the area where the
1525	person who has refused the subpoena is found, resides, or
1526	transacts business. Failure to obey such a court order may be
1527	punished by the court as contempt, either civilly or criminally.
1528	Costs, including reasonable attorney's fees, incurred by the
1529	department to obtain an order granting, in whole or in part, a
1530	petition to enforce a subpoena or a subpoena duces tecum shall
1531	be taxed against the subpoenaed party.
1532	(7)(a)(5)Whenever the department determines that an
1533	employer who is required to secure the payment to his or her
1534	employees of the compensation provided for by this chapter has
1535	failed to secure the payment of workers' compensation required
1536	by this chapter or produce the required business records under
1537	subsection (5) within 5 business days after receipt of the
1538	written request of the departmentdo so, such failure shall be
1539	deemed an immediate serious danger to public health, safety, or
1540	welfare sufficient to justify service by the department of a
1541	stop-work order on the employer, requiring the cessation of all
1542	business operations at the place of employment or job site. If
1543	the departmentdivision makes such a determination, the
1544	departmentdivisionshall issue a stop-work order within 72
1545	hours. The order shall take effect when served upon the date of
1546	service upon the employer or, for a particular employer
1547	worksite, when served at that worksite. In addition to serving a
1548	stop-work order, which shall be effective immediately, at a
1549	particular worksite, the department shall immediately proceed
1550	with service upon the employer which shall be effective upon all
1551	employer worksites in the state. A stop-work order may be served
1552	with regard to an employer's worksite by posting a copy of the
1553	stop-work order in a conspicuous location at such site. The
1554	order shall remain in effect until the department issues an
1555	order releasing the stop-work order upon a finding that the
1556	employer has come into compliance with the coverage requirements
1557	of this chapter and has paid any penalty assessed under this
1558	section. The department may require an employer who is found to
1559	have failed to comply with the coverage requirements of s.
1560	440.38 to file with the department, as a condition of release
1561	from a stop-work order, periodic reports that demonstrate the
1562	employer's continued compliance with this chapter for a
1563	probationary period that shall not exceed 2 years. The
1564	department shall by rule specify the reports required and the
1565	time for filing under this subsection, unless the employer
1566	provides evidence satisfactory to the department of having
1567	secured any necessary insurance or self-insurance and pays a
1568	civil penalty to the department, to be deposited by the
1569	department into the Workers' Compensation Administration Trust
1570	Fund, in the amount of $100 per day for each day the employer
1571	was not in compliance with this chapter.
1572	(b) Stop-work orders and penalty assessment orders issued
1573	under this section against a corporation, partnership, or sole
1574	proprietorship shall be in effect against any successor
1575	corporation or business entity that has one or more of the same
1576	principals or officers as the corporation or partnership against
1577	which the stop-work order was issued and is engaged in the same
1578	or related enterprise.
1579	(c) The department shall assess a penalty of $1,000 per
1580	day against an employer for each day that the employer conducts
1581	business operations that are in violation of a stop-work order.
1582	(d)1. In addition to any penalty, stop-work order, or
1583	injunction, the department shall assess against any employer who
1584	has failed to secure the payment of compensation as required by
1585	this chapter a penalty equal to 1.5 times the amount the
1586	employer would have paid in premium when applying approved
1587	manual rates to the employer's payroll during periods for which
1588	it failed to secure the payment of workers' compensation
1589	required by this chapter within the preceding 3-year period or
1590	$1,000, whichever is greater.
1591	2. Any subsequent violation within 5 years after the most
1592	recent violation shall, in addition to the penalties set forth
1593	in this subsection, be deemed a knowing act within the meaning
1594	of s. 440.105.
1595	(e) When an employer fails to provide business records
1596	sufficient to enable the department to determine the employer's
1597	payroll for the period requested for the calculation of the
1598	penalty provided in paragraph (d), for penalty calculation
1599	purposes, the imputed weekly payroll for each employee,
1600	corporate officer, sole proprietor, or partner shall be the
1601	statewide average weekly wage as defined in s. 440.12(2)
1602	multiplied by 1.5.
1603	(f) In addition to any other penalties provided for in
1604	this chapter, the department may assess against the employer a
1605	penalty of $5,000 for each employee of that employer who the
1606	employer represents to the department or carrier as an
1607	independent contractor but who is determined by the department
1608	not to be an independent contractor as defined in s. 440.02.
1609	(8)(6)In addition to the issuance of a stop-work order
1610	under subsection (7),the department may file a complaint in the
1611	circuit court in and for Leon County to enjoin any employer,who
1612	has failed to secure the payment of workers' compensation as
1613	required by this chapter,from employing individuals and from
1614	conducting business until the employer presents evidence
1615	satisfactory to the department of having secured the payment of
1616	workers'for compensation required by this chapterand pays a
1617	civil penalty assessed byto the department under this section,
1618	to be deposited by the department into the Workers' Compensation
1619	Administration Trust Fund, in the amount of $100 per day for
1620	each day the employer was not in compliance with this chapter.
1621	(9)(7) In addition to any penalty, stop-work order, or
1622	injunction, the department shall assess against any employer,
1623	who has failed to secure the payment of compensation as required
1624	by this chapter, a penalty in the following amount:
1625	(a) An amount equal to at least the amount that the
1626	employer would have paid or up to twice the amount the employer
1627	would have paid during periods it illegally failed to secure
1628	payment of compensation in the preceding 3-year period based on
1629	the employer's payroll during the preceding 3-year period; or
1630	(b) One thousand dollars, whichever is greater. Any
1631	penalty assessed under this subsection is due within 30 days
1632	after the date on which the employer is notified, except that,
1633	if the department has posted a stop-work order or obtained
1634	injunctive relief against the employer, payment is due, in
1635	addition to those conditions set forth in this section, as a
1636	condition to relief from a stop-work order or an injunction.
1637	Interest shall accrue on amounts not paid when due at the rate
1638	of 1 percent per month. The departmentdivisionshall adopt
1639	rules to administer this section.
1640	(10)(8)The department may bring an action in circuit
1641	court to recover penalties assessed under this section,
1642	including any interest owed to the department pursuant to this
1643	section. In any action brought by the department pursuant to
1644	this section in which it prevails, the circuit court shall award
1645	costs, including the reasonable costs of investigation and a
1646	reasonable attorney's fee.
1647	(11)(9)Any judgment obtained by the department and any
1648	penalty due pursuant to the service of a stop-work order or
1649	otherwise due under this section shall, until collected,
1650	constitute a lien upon the entire interest of the employer,
1651	legal or equitable, in any property, real or personal, tangible
1652	or intangible; however, such lien is subordinate to claims for
1653	unpaid wages and any prior recorded liens, and a lien created by
1654	this section is not valid against any person who, subsequent to
1655	such lien and in good faith and for value, purchases real or
1656	personal property from such employer or becomes the mortgagee on
1657	real or personal property of such employer, or against a
1658	subsequent attaching creditor, unless, with respect to real
1659	estate of the employer, a notice of the lien is recorded in the
1660	public records of the county where the real estate is located,
1661	and with respect to personal property of the employer, the
1662	notice is recorded with the Secretary of State.
1663	(12)(10)Any law enforcement agency in the state may, at
1664	the request of the department, render any assistance necessary
1665	to carry out the provisions of this section, including, but not
1666	limited to, preventing any employee or other person from
1667	remaining at a place of employment or job site after a stop-work
1668	order or injunction has taken effect.
1669	(13)(11)Agency actionActionsby the department under
1670	this section, if contested,must be contested as provided in
1671	chapter 120. All civilpenalties assessed by the department must
1672	be paid into the Workers' Compensation Administration Trust
1673	Fund. The department shall return any sums previously paid, upon
1674	conclusion of an action, if the department fails to prevail and
1675	if so directed by an order of court or an administrative hearing
1676	officer. The requirements of this subsection may be met by
1677	posting a bond in an amount equal to twice the penalty and in a
1678	form approved by the department.
1679	(14)(12) If the departmentdivisionfinds that an employer
1680	who is certified or registered under part I or part II of
1681	chapter 489 and who is required to secure the payment of
1682	workers'the compensation underprovided for bythis chapter to
1683	his or her employees has failed to do so, the department
1684	divisionshall immediately notify the Department of Business and
1685	Professional Regulation.
1686	Section 14. Subsections (1) and (3) of section 440.11,
1687	Florida Statutes, are amended to read:
1688	440.11 Exclusiveness of liability.--
1689	(1) The liability of an employer prescribed in s. 440.10
1690	shall be exclusive and in place of all other liability,
1691	including vicarious liability,of such employer to any third-
1692	party tortfeasor and to the employee, the legal representative
1693	thereof, husband or wife, parents, dependents, next of kin, and
1694	anyone otherwise entitled to recover damages from such employer
1695	at law or in admiralty on account of such injury or death,
1696	except as follows:that
1697	(a)If an employer fails to secure payment of compensation
1698	as required by this chapter, an injured employee, or the legal
1699	representative thereof in case death results from the injury,
1700	may elect to claim compensation under this chapter or to
1701	maintain an action at law or in admiralty for damages on account
1702	of such injury or death. In such action the defendant may not
1703	plead as a defense that the injury was caused by negligence of a
1704	fellow employee, that the employee assumed the risk of the
1705	employment, or that the injury was due to the comparative
1706	negligence of the employee.
1707	(b) When an employer commits an intentional tort that
1708	causes the injury or death of the employee. For purposes of this
1709	paragraph, an employer's actions shall be deemed to constitute
1710	an intentional tort and not an accident only when the employee
1711	proves, by clear and convincing evidence, that:
1712	1. The employer deliberately intended to injure the
1713	employee; or
1714	2. The employer engaged in conduct that the employer knew,
1715	based on prior similar accidents or on explicit warnings
1716	specifically identifying a known danger, was certain to result
1717	in injury or death to the employee, and the employee was not
1718	aware of the risk because the danger was not apparent and the
1719	employer deliberately concealed or misrepresented the danger so
1720	as to prevent the employee from exercising informed judgment
1721	about whether to perform the work.
1722
1723	The same immunities from liability enjoyed by an employer shall
1724	extend as well to each employee of the employer when such
1725	employee is acting in furtherance of the employer's business and
1726	the injured employee is entitled to receive benefits under this
1727	chapter. Such fellow-employee immunities shall not be applicable
1728	to an employee who acts, with respect to a fellow employee, with
1729	willful and wanton disregard or unprovoked physical aggression
1730	or with gross negligence when such acts result in injury or
1731	death or such acts proximately cause such injury or death, nor
1732	shall such immunities be applicable to employees of the same
1733	employer when each is operating in the furtherance of the
1734	employer's business but they are assigned primarily to unrelated
1735	works within private or public employment. The same immunity
1736	provisions enjoyed by an employer shall also apply to any sole
1737	proprietor, partner, corporate officer or director, supervisor,
1738	or other person who in the course and scope of his or her duties
1739	acts in a managerial or policymaking capacity and the conduct
1740	which caused the alleged injury arose within the course and
1741	scope of said managerial or policymaking duties and was not a
1742	violation of a law, whether or not a violation was charged, for
1743	which the maximum penalty which may be imposed does not exceed
1744	60 days' imprisonment as set forth in s. 775.082. The immunity
1745	from liability provided in this subsection extends to county
1746	governments with respect to employees of county constitutional
1747	officers whose offices are funded by the board of county
1748	commissioners.
1749	(3) An employer's workers' compensation carrier, service
1750	agent, or safety consultant shall not be liable as a third-party
1751	tortfeasor to employees of the employer or employees of its
1752	subcontractors for assisting the employer and its
1753	subcontractors, if any,in carrying out the employer's rights
1754	and responsibilities under this chapter by furnishing any safety
1755	inspection, safety consultative service, or other safety service
1756	incidental to the workers' compensation or employers' liability
1757	coverage or to the workers' compensation or employer's liability
1758	servicing contract. Without limitation, a safety consultant may
1759	include an owner, as defined in chapter 713, or an owner's
1760	related, affiliated, or subsidiary companies and the employees
1761	of each.The exclusion from liability under this subsection
1762	shall not apply in any case in which injury or death is
1763	proximately caused by the willful and unprovoked physical
1764	aggression, or by the negligent operation of a motor vehicle, by
1765	employees, officers, or directors of the employer's workers'
1766	compensation carrier, service agent, or safety consultant.
1767	Section 15. Section 440.13, Florida Statutes, is amended
1768	to read:
1769	440.13 Medical services and supplies; penalty for
1770	violations; limitations.--
1771	(1) DEFINITIONS.--As used in this section, the term:
1772	(a) "Alternate medical care" means a change in treatment
1773	or health care provider.
1774	(b) "Attendant care" means care rendered by trained
1775	professional attendants which is beyond the scope of household
1776	duties. Family members may provide nonprofessional attendant
1777	care, but may not be compensated under this chapter for care
1778	that falls within the scope of household duties and other
1779	services normally and gratuitously provided by family members.
1780	"Family member" means a spouse, father, mother, brother, sister,
1781	child, grandchild, father-in-law, mother-in-law, aunt, or uncle.
1782	(c) "Carrier" means, for purposes of this section,
1783	insurance carrier, self-insurance fund or individually self-
1784	insured employer, or assessable mutual insurer.
1785	(d) "Catastrophic injury" means an injury as defined in s.
1786	440.02.
1787	(e) "Certified health care provider" means a health care
1788	provider who has been certified by the agency or who has entered
1789	an agreement with a licensed managed care organization to
1790	provide treatment to injured workers under this section.
1791	Certification of such health care provider must include
1792	documentation that the health care provider has read and is
1793	familiar with the portions of the statute, impairment guides,
1794	practice parameters, protocols of treatment,and rules which
1795	govern the provision of remedial treatment, care, and
1796	attendance.
1797	(f) "Compensable" means a determination by a carrier or
1798	judge of compensation claims that a condition suffered by an
1799	employee results from an injury arising out of and in the course
1800	of employment.
1801	(g) "Emergency services and care" means emergency services
1802	and care as defined in s. 395.002.
1803	(h) "Health care facility" means any hospital licensed
1804	under chapter 395 and any health care institution licensed under
1805	chapter 400.
1806	(i) "Health care provider" means a physician or any
1807	recognized practitioner who provides skilled services pursuant
1808	to a prescription or under the supervision or direction of a
1809	physician and who has been certified by the agency as a health
1810	care provider. The term "health care provider" includes a health
1811	care facility.
1812	(j) "Independent medical examiner" means a physician
1813	selected by either an employee or a carrier to render one or
1814	more independent medical examinations in connection with a
1815	dispute arising under this chapter.
1816	(k) "Independent medical examination" means an objective
1817	evaluation of the injured employee's medical condition,
1818	including, but not limited to, impairment or work status,
1819	performed by a physician or an expert medical advisor at the
1820	request of a party, a judge of compensation claims, or the
1821	agency to assist in the resolution of a dispute arising under
1822	this chapter.
1823	(l) "Instance of overutilization" means a specific
1824	inappropriate service or level of service provided to an injured
1825	employee that includes the provision of treatment in excess of
1826	established practice parameters and protocols of treatment
1827	established in accordance with this chapter.
1828	(m) "Medically necessary" or "medical necessity"means any
1829	medical service or medical supply which is used to identify or
1830	treat an illness or injury, is appropriate to the patient's
1831	diagnosis and status of recovery, and is consistent with the
1832	location of service, the level of care provided, and applicable
1833	practice parameters. The service should be widely accepted among
1834	practicing health care providers, based on scientific criteria,
1835	and determined to be reasonably safe. The service must not be of
1836	an experimental, investigative, or research nature, except in
1837	those instances in which prior approval of the Agency for Health
1838	Care Administration has been obtained. The Agency for Health
1839	Care Administration shall adopt rules providing for such
1840	approval on a case-by-case basis when the service or supply is
1841	shown to have significant benefits to the recovery and well-
1842	being of the patient.
1843	(n) "Medicine" means a drug prescribed by an authorized
1844	health care provider and includes only generic drugs or single-
1845	source patented drugs for which there is no generic equivalent,
1846	unless the authorized health care provider writes or states that
1847	the brand-name drug as defined in s. 465.025 is medically
1848	necessary, or is a drug appearing on the schedule of drugs
1849	created pursuant to s. 465.025(6), or is available at a cost
1850	lower than its generic equivalent.
1851	(o) "Palliative care" means noncurative medical services
1852	that mitigate the conditions, effects, or pain of an injury.
1853	(p) "Pattern or practice of overutilization" means
1854	repetition of instances of overutilization within a specific
1855	medical case or multiple cases by a single health care provider.
1856	(q) "Peer review" means an evaluation by two or more
1857	physicians licensed under the same authority and with the same
1858	or similar specialty as the physician under review, of the
1859	appropriateness, quality, and cost of health care and health
1860	services provided to a patient, based on medically accepted
1861	standards.
1862	(r) "Physician" or "doctor" means a physician licensed
1863	under chapter 458, an osteopathic physician licensed under
1864	chapter 459, a chiropractic physician licensed under chapter
1865	460, a podiatric physician licensed under chapter 461, an
1866	optometrist licensed under chapter 463, or a dentist licensed
1867	under chapter 466, each of whom must be certified by the agency
1868	as a health care provider.
1869	(s) "Reimbursement dispute" means any disagreement between
1870	a health care provider or health care facility and carrier
1871	concerning payment for medical treatment.
1872	(t) "Utilization control" means a systematic process of
1873	implementing measures that assure overall management and cost
1874	containment of services delivered, including compliance with
1875	practice parameters and protocols of treatment as provided for
1876	in this chapter.
1877	(u) "Utilization review" means the evaluation of the
1878	appropriateness of both the level and the quality of health care
1879	and health services provided to a patient, including, but not
1880	limited to, evaluation of the appropriateness of treatment,
1881	hospitalization, or office visits based on medically accepted
1882	standards. Such evaluation must be accomplished by means of a
1883	system that identifies the utilization of medical services based
1884	on practice parameters and protocols of treatment as provided
1885	for in this chaptermedically accepted standards as established
1886	by medical consultants with qualifications similar to those
1887	providing the care under review, and that refers patterns and
1888	practices of overutilization to the agency.
1889	(2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--
1890	(a) Subject to the limitations specified elsewhere in this
1891	chapter, the employer shall furnish to the employee such
1892	medically necessary remedial treatment, care, and attendance for
1893	such period as the nature of the injury or the process of
1894	recovery may require, which is in accordance with established
1895	practice parameters and protocols of treatment as provided for
1896	in this chapter, including medicines, medical supplies, durable
1897	medical equipment, orthoses, prostheses, and other medically
1898	necessary apparatus. Remedial treatment, care, and attendance,
1899	including work-hardening programs or pain-management programs
1900	accredited by the Commission on Accreditation of Rehabilitation
1901	Facilities or Joint Commission on the Accreditation of Health
1902	Organizations or pain-management programs affiliated with
1903	medical schools, shall be considered as covered treatment only
1904	when such care is given based on a referral by a physician as
1905	defined in this chapter. Each facility shall maintain outcome
1906	data, including work status at discharges, total program
1907	charges, total number of visits, and length of stay. The
1908	department shall utilize such data and report to the President
1909	of the Senate and the Speaker of the House of Representatives
1910	regarding the efficacy and cost-effectiveness of such program,
1911	no later than October 1, 1994.Medically necessary treatment,
1912	care, and attendance does not include chiropractic services in
1913	excess of 2418 treatments or rendered 128weeks beyond the
1914	date of the initial chiropractic treatment, whichever comes
1915	first, unless the carrier authorizes additional treatment or the
1916	employee is catastrophically injured.
1917	(b) The employer shall provide appropriate professional or
1918	nonprofessional attendant care performed only at the direction
1919	and control of a physician when such care is medically
1920	necessary. The physician shall prescribe such care in writing.
1921	The employer or carrier shall not be responsible for such care
1922	until the prescription for attendant care is received by the
1923	employer and carrier, which shall specify the time periods for
1924	such care, the level of care required, and the type of
1925	assistance required. A prescription for attendant care shall not
1926	prescribe such care retroactively.The value of nonprofessional
1927	attendant care provided by a family member must be determined as
1928	follows:
1929	1. If the family member is not employed or if the family
1930	member is employed and is providing attendant care services
1931	during hours that he or she is not engaged in employment, the
1932	per-hour value equals the federal minimum hourly wage.
1933	2. If the family member is employed and elects to leave
1934	that employment to provide attendant or custodial care, the per-
1935	hour value of that care equals the per-hour value of the family
1936	member's former employment, not to exceed the per-hour value of
1937	such care available in the community at large. A family member
1938	or a combination of family members providing nonprofessional
1939	attendant care under this paragraph may not be compensated for
1940	more than a total of 12 hours per day.
1941	3. If the family member remains employed while providing
1942	attendant or custodial care, the per-hour value of that care
1943	equals the per-hour value of the family member's employment, not
1944	to exceed the per-hour value of such care available in the
1945	community at large.
1946	(c) If the employer fails to provide initialtreatment or
1947	care required by this section after request by the injured
1948	employee, the employee may obtain such initialtreatment at the
1949	expense of the employer, if the initial treatment or careis
1950	compensable and medically necessary and is in accordance with
1951	established practice parameters and protocols of treatment as
1952	provided for in this chapter. There must be a specific request
1953	for the initial treatment or care, and the employer or carrier
1954	must be given a reasonable time period within which to provide
1955	the initialtreatment or care. However, the employee is not
1956	entitled to recover any amount personally expended for the
1957	initial treatment or careserviceunless he or she has requested
1958	the employer to furnish that initialtreatment or service and
1959	the employer has failed, refused, or neglected to do so within a
1960	reasonable time or unless the nature of the injury requires such
1961	initialtreatment, nursing, and services and the employer or his
1962	or her superintendent or foreman, having knowledge of the
1963	injury, has neglected to provide the initial treatment or care
1964	service.
1965	(d) The carrier has the right to transfer the care of an
1966	injured employee from the attending health care provider if an
1967	independent medical examination determines that the employee is
1968	not making appropriate progress in recuperation.
1969	(e) Except in emergency situations and for treatment
1970	rendered by a managed care arrangement, after any initial
1971	examination and diagnosis by a physician providing remedial
1972	treatment, care, and attendance, and before a proposed course of
1973	medical treatment begins, each insurer shall review, in
1974	accordance with the requirements of this chapter, the proposed
1975	course of treatment, to determine whether such treatment would
1976	be recognized as reasonably prudent. The review must be in
1977	accordance with all applicable workers' compensation practice
1978	parameters and protocols of treatment established in accordance
1979	with this chapter. The insurer must accept any such proposed
1980	course of treatment unless the insurer notifies the physician of
1981	its specific objections to the proposed course of treatment by
1982	the close of the tenth business day after notification by the
1983	physician, or a supervised designee of the physician, of the
1984	proposed course of treatment.
1985	(f) Upon the written request of the employee, the carrier
1986	shall give the employee the opportunity for one change of
1987	physician during the course of treatment for any one accident.
1988	Upon the granting of a change of physician, the originally
1989	authorized physician in the same specialty as the changed
1990	physician shall become deauthorized upon written notification by
1991	the employer or carrier. The carrier shall authorize an
1992	alternative physician who shall not be professionally affiliated
1993	with the previous physician within 5 days after receipt of the
1994	request. If the carrier fails to provide a change of physician
1995	as requested by the employee, the employee may select the
1996	physician and such physician shall be considered authorized if
1997	the treatment being provided is compensable and medically
1998	necessary.
1999
2000	Failure of the carrier to timely comply with this subsection
2001	shall be a violation of this chapter and the carrier shall be
2002	subject to penalties as provided for in s. 440.525.The employee
2003	shall be entitled to select another physician from among not
2004	fewer than three carrier-authorized physicians who are not
2005	professionally affiliated.
2006	(3) PROVIDER ELIGIBILITY; AUTHORIZATION.--
2007	(a) As a condition to eligibility for payment under this
2008	chapter, a health care provider who renders services must be a
2009	certified health care provider and must receive authorization
2010	from the carrier before providing treatment. This paragraph does
2011	not apply to emergency care. The agency shall adopt rules to
2012	implement the certification of health care providers.
2013	(b) A health care provider who renders emergency care must
2014	notify the carrier by the close of the third business day after
2015	it has rendered such care. If the emergency care results in
2016	admission of the employee to a health care facility, the health
2017	care provider must notify the carrier by telephone within 24
2018	hours after initial treatment. Emergency care is not compensable
2019	under this chapter unless the injury requiring emergency care
2020	arose as a result of a work-related accident. Pursuant to
2021	chapter 395, all licensed physicians and health care providers
2022	in this state shall be required to make their services available
2023	for emergency treatment of any employee eligible for workers'
2024	compensation benefits. To refuse to make such treatment
2025	available is cause for revocation of a license.
2026	(c) A health care provider may not refer the employee to
2027	another health care provider, diagnostic facility, therapy
2028	center, or other facility without prior authorization from the
2029	carrier, except when emergency care is rendered. Any referral
2030	must be to a health care provider that has been certified by the
2031	agency, unless the referral is for emergency treatment, and the
2032	referral must be made in accordance with practice parameters and
2033	protocols of treatment as provided for in this chapter.
2034	(d) A carrier must respond, by telephone or in writing, to
2035	a request for authorization from an authorized health care
2036	providerby the close of the third business day after receipt of
2037	the request. A carrier who fails to respond to a written request
2038	for authorization for referral for medical treatment by the
2039	close of the third business day after receipt of the request
2040	consents to the medical necessity for such treatment. All such
2041	requests must be made to the carrier. Notice to the carrier does
2042	not include notice to the employer.
2043	(e) Carriers shall adopt procedures for receiving,
2044	reviewing, documenting, and responding to requests for
2045	authorization. Such procedures shall be for a health care
2046	provider certified under this section.
2047	(f) By accepting payment under this chapter for treatment
2048	rendered to an injured employee, a health care provider consents
2049	to the jurisdiction of the agency as set forth in subsection
2050	(11) and to the submission of all records and other information
2051	concerning such treatment to the agency in connection with a
2052	reimbursement dispute, audit, or review as provided by this
2053	section. The health care provider must further agree to comply
2054	with any decision of the agency rendered under this section.
2055	(g) The employee is not liable for payment for medical
2056	treatment or services provided pursuant to this section except
2057	as otherwise provided in this section.
2058	(h) The provisions of s. 456.053 are applicable to
2059	referrals among health care providers, as defined in subsection
2060	(1), treating injured workers.
2061	(i) Notwithstanding paragraph (d), a claim for specialist
2062	consultations, surgical operations, physiotherapeutic or
2063	occupational therapy procedures, X-ray examinations, or special
2064	diagnostic laboratory tests that cost more than $1,000 and other
2065	specialty services that the agency identifies by rule is not
2066	valid and reimbursable unless the services have been expressly
2067	authorized by the carrier, or unless the carrier has failed to
2068	respond within 10 days to a written request for authorization,
2069	or unless emergency care is required. The insurer shall not
2070	refuse toauthorize such consultation or procedure unless the
2071	health care provider or facility is not authorized or certified,
2072	unless such treatment is not in accordance with practice
2073	parameters and protocols of treatment established in this
2074	chapter, or unless a judge of compensation claimsan expert
2075	medical advisorhas determined that the consultation or
2076	procedure is not medically necessary, not in accordance with the
2077	practice parameters and protocols of treatment established in
2078	this chapter, or otherwise notcompensable under this chapter.
2079	Authorization of a treatment plan does not constitute express
2080	authorization for purposes of this section, except to the extent
2081	the carrier provides otherwise in its authorization procedures.
2082	This paragraph does not limit the carrier's obligation to
2083	identify and disallow overutilization or billing errors.
2084	(j) Notwithstanding anything in this chapter to the
2085	contrary, a sick or injured employee shall be entitled, at all
2086	times, to free, full, and absolute choice in the selection of
2087	the pharmacy or pharmacist dispensing and filling prescriptions
2088	for medicines required under this chapter. It is expressly
2089	forbidden for the agency, an employer, or a carrier, or any
2090	agent or representative of the agency, an employer, or a
2091	carrier to select the pharmacy or pharmacist which the sick or
2092	injured employee must use; condition coverage or payment on the
2093	basis of the pharmacy or pharmacist utilized; or to otherwise
2094	interfere in the selection by the sick or injured employee of a
2095	pharmacy or pharmacist.
2096	(4) NOTICE OF TREATMENT TO CARRIER; FILING WITH
2097	DEPARTMENT.--
2098	(a) Any health care provider providing necessary remedial
2099	treatment, care, or attendance to any injured worker shall
2100	submit treatment reports to the carrier in a format prescribed
2101	by the department in consultation with the agency. A claim for
2102	medical or surgical treatment is not valid or enforceable
2103	against such employer or employee, unless, by the close of the
2104	third business day following the first treatment, the physician
2105	providing the treatment furnishes to the employer or carrier a
2106	preliminary notice of the injury and treatment in a formaton
2107	forms prescribed by the department in consultation with the
2108	agencyand, within 15 days thereafter, furnishes to the employer
2109	or carrier a complete report, and subsequent thereto furnishes
2110	progress reports, if requested by the employer or insurance
2111	carrier, at intervals of not less than 3 weeks apart or at less
2112	frequent intervals if requested in a formaton formsprescribed
2113	by the department in consultation with the agency.
2114	(b) Upon the request of the department or agency, each
2115	medical report or bill obtained or received by the employer, the
2116	carrier, or the injured employee, or the attorney for the
2117	employer, carrier, or injured employee, with respect to the
2118	remedial treatment, care, and attendance of the injured
2119	employee, including any report of an examination, diagnosis, or
2120	disability evaluation, must be produced by the health care
2121	provider tofiled with the department or agencypursuant to
2122	rules adopted by the department in consultation with the agency.
2123	The health care provider shall also furnish to the injured
2124	employee or to his or her attorney and the employer or carrier
2125	or its attorney, on demand, a copy of his or her office chart,
2126	records, and reports, and may charge the injured employee no
2127	more than 50 cents per page for copying the records and the
2128	actual direct cost to the health care provider or health care
2129	facility for X rays, microfilm, or other nonpaper recordsan
2130	amount authorized by the department for the copies. Each such
2131	health care provider shall provide to the agency ordepartment
2132	information about the remedial treatment, care, and attendance
2133	which the agency ordepartment reasonably requests.
2134	(c) It is the policy for the administration of the
2135	workers' compensation system that there shallbe reasonable
2136	access to medical information by all parties to facilitate the
2137	self-executing features of the law. An employee who reports an
2138	injury or illness alleged to be work-related waives any
2139	physician-patient privilege with respect to any condition or
2140	complaint reasonably related to the condition for which the
2141	employee claims compensation.Notwithstanding the limitations in
2142	s. 456.057 and subject to the limitations in s. 381.004, upon
2143	the request of the employer, the carrier, an authorized
2144	qualified rehabilitation provider, or the attorney for the
2145	employer or carrier, the medical records, reports, and
2146	information of an injured employee relevant to the particular
2147	injury or illness for which compensation is soughtmust be
2148	furnished to those persons and the medical condition of the
2149	injured employee must be discussed with those persons, if the
2150	records and the discussions are restricted to conditions
2151	relating to the workplace injury. Release of medical information
2152	by the health care provider or other physician does not require
2153	the authorization of the injured employee. If medical records,
2154	reports, and information of an injured employee are sought from
2155	health care providers who are not subject to the jurisdiction of
2156	the state, the injured employee shall sign an authorization
2157	allowing for the employer or carrier to obtain the medical
2158	records, reports, or information. Any such discussions or
2159	release of informationmay be held before or after the filing of
2160	a claim or petition for benefitswithout the knowledge, consent,
2161	or presence of any other party or his or her agent or
2162	representative. A health care provider who willfully refuses to
2163	provide medical records or to discuss the medical condition of
2164	the injured employee, after a reasonable request is made for
2165	such information pursuant to this subsection, shall be subject
2166	by the departmentagencyto one or more of the penalties set
2167	forth in paragraph (8)(b). The department may adopt rules to
2168	carry out this subsection.
2169	(5) INDEPENDENT MEDICAL EXAMINATIONS.--
2170	(a) In any dispute concerning overutilization, medical
2171	benefits, compensability, or disability under this chapter, the
2172	carrier or the employee may select an independent medical
2173	examiner. If the parties agree,the examiner may be a health
2174	care provider treating or providing other care to the employee.
2175	An independent medical examiner may not render an opinion
2176	outside his or her area of expertise, as demonstrated by
2177	licensure and applicable practice parameters. The employer and
2178	employee shall be entitled to only one independent medical
2179	examination per accident and not one independent medical
2180	examination per medical specialty. The party requesting and
2181	selecting the independent medical examination shall be
2182	responsible for all expenses associated with said examination,
2183	including, but not limited to, medically necessary diagnostic
2184	testing performed and physician or medical care provider fees
2185	for the evaluation. The party selecting the independent medical
2186	examination shall identify the choice of the independent medical
2187	examiner to all other parties within 15 days after the date the
2188	independent medical examination is to take place. Failure to
2189	timely provide such notification shall preclude the requesting
2190	party from submitting the findings of such independent medical
2191	examiner in a proceeding before a judge of compensation claims.
2192	The independent medical examiner may not provide followup care
2193	if such recommendation for care is found to be medically
2194	necessary. If the employee prevails in a medical dispute as
2195	determined in an order by a judge of compensation claims or if
2196	benefits are paid or treatment provided after the employee has
2197	obtained an independent medical examination based upon the
2198	examiner's findings, the costs of such examination shall be paid
2199	by the employer or carrier.
2200	(b) Each party is bound by his or her selection of an
2201	independent medical examiner, including the selection of the
2202	independent medical examiner in accordance with s. 440.134 and
2203	the opinions of such independent medical examiner. Each party
2204	andis entitled to an alternate examiner only if:
2205	1. The examiner is not qualified to render an opinion upon
2206	an aspect of the employee's illness or injury which is material
2207	to the claim or petition for benefits;
2208	2. The examiner ceases to practice in the specialty
2209	relevant to the employee's condition;
2210	3. The examiner is unavailable due to injury, death, or
2211	relocation outside a reasonably accessible geographic area; or
2212	4. The parties agree to an alternate examiner.
2213
2214	Any party may request, or a judge of compensation claims may
2215	require, designation of an agency medical advisor as an
2216	independent medical examiner. The opinion of the advisors acting
2217	as examiners shall not be afforded the presumption set forth in
2218	paragraph (9)(c).
2219	(c) The carrier may, at its election, contact the claimant
2220	directly to schedule a reasonable time for an independent
2221	medical examination. The carrier must confirm the scheduling
2222	agreement in writing with the claimant and thewithin 5 days and
2223	notifyclaimant's counsel, if any, at least 7 days before the
2224	date upon which the independent medical examination is scheduled
2225	to occur. An attorney representing a claimant is not authorized
2226	to schedule the self-insured employer's or carrier'sindependent
2227	medical evaluations under this subsection. Neither the self-
2228	insured employer nor the carrier shall be responsible for
2229	scheduling any independent medical examination other than an
2230	employer or carrier independent medical examination.
2231	(d) If the employee fails to appear for the independent
2232	medical examination scheduled by the employer or carrierwithout
2233	good cause and fails to advise the physician at least 24 hours
2234	before the scheduled date for the examination that he or she
2235	cannot appear, the employee is barred from recovering
2236	compensation for any period during which he or she has refused
2237	to submit to such examination. Further, the employee shall
2238	reimburse the employer orcarrier 50 percent of the physician's
2239	cancellation or no-show fee unless the employer orcarrier that
2240	schedules the examination fails to timely provide to the
2241	employee a written confirmation of the date of the examination
2242	pursuant to paragraph (c) which includes an explanation of why
2243	he or she failed to appear. The employee may appeal to a judge
2244	of compensation claims for reimbursement when the employer or
2245	carrier withholds payment in excess of the authority granted by
2246	this section.
2247	(e) No medical opinion other than the opinion of a medical
2248	advisor appointed by the judge of compensation claims or the
2249	departmentagency, an independent medical examiner, or an
2250	authorized treating provider is admissible in proceedings before
2251	the judges of compensation claims.
2252	(f) Attorney's fees incurred by an injured employee in
2253	connection with delay of or opposition to an independent medical
2254	examination, including, but not limited to, motions for
2255	protective orders, are not recoverable under this chapter.
2256	(g) When a medical dispute arises, the parties may
2257	mutually agree to refer the employee to a licensed physician
2258	specializing in the diagnosis and treatment of the medical
2259	condition at issue for an independent medical examination and
2260	report. Such medical examination shall be referred to as a
2261	"consensus independent medical examination." The findings and
2262	conclusions of such mutually agreed upon consensus independent
2263	medical examination shall be binding on the parties and shall
2264	constitute resolution of the medical dispute addressed in the
2265	independent consensus medical examination and in any proceeding.
2266	Agreement by the parties to a consensus independent medical
2267	examination shall not affect the employer's, carrier's, or
2268	employee's entitlement to one independent medical examination
2269	per accident as provided for in this subsection.
2270	(6) UTILIZATION REVIEW.--Carriers shall review all bills,
2271	invoices, and other claims for payment submitted by health care
2272	providers in order to identify overutilization and billing
2273	errors, including compliance with practice parameters and
2274	protocols of treatment established in accordance with this
2275	chapter, and may hire peer review consultants or conduct
2276	independent medical evaluations. Such consultants, including
2277	peer review organizations, are immune from liability in the
2278	execution of their functions under this subsection to the extent
2279	provided in s. 766.101. If a carrier finds that overutilization
2280	of medical services or a billing error has occurred, or there is
2281	a violation of the practice parameters and protocols of
2282	treatment established in accordance with this chapter, it must
2283	disallow or adjust payment for such services or error without
2284	order of a judge of compensation claims or the agency, if the
2285	carrier, in making its determination, has complied with this
2286	section and rules adopted by the agency.
2287	(7) UTILIZATION AND REIMBURSEMENT DISPUTES.--
2288	(a) Any health care provider, carrier, or employer who
2289	elects to contest the disallowance or adjustment of payment by a
2290	carrier under subsection (6) must, within 30 days after receipt
2291	of notice of disallowance or adjustment of payment, petition the
2292	agency to resolve the dispute. The petitioner must serve a copy
2293	of the petition on the carrier and on all affected parties by
2294	certified mail. The petition must be accompanied by all
2295	documents and records that support the allegations contained in
2296	the petition. Failure of a petitioner to submit such
2297	documentation to the agency results in dismissal of the
2298	petition.
2299	(b) The carrier must submit to the agency within 10 days
2300	after receipt of the petition all documentation substantiating
2301	the carrier's disallowance or adjustment. Failure of the carrier
2302	to timelysubmit the requested documentation to the agency
2303	within 10 days constitutes a waiver of all objections to the
2304	petition.
2305	(c) Within 60 days after receipt of all documentation, the
2306	agency must provide to the petitioner, the carrier, and the
2307	affected parties a written determination of whether the carrier
2308	properly adjusted or disallowed payment. The agency must be
2309	guided by standards and policies set forth in this chapter,
2310	including all applicable reimbursement schedules, practice
2311	parameters, and protocols of treatment,in rendering its
2312	determination.
2313	(d) If the agency finds an improper disallowance or
2314	improper adjustment of payment by an insurer, the insurer shall
2315	reimburse the health care provider, facility, insurer, or
2316	employer within 30 days, subject to the penalties provided in
2317	this subsection.
2318	(e) The agency shall adopt rules to carry out this
2319	subsection. The rules may include provisions for consolidating
2320	petitions filed by a petitioner and expanding the timetable for
2321	rendering a determination upon a consolidated petition.
2322	(f) Any carrier that engages in a pattern or practice of
2323	arbitrarily or unreasonably disallowing or reducing payments to
2324	health care providers may be subject to one or more of the
2325	following penalties imposed by the agency:
2326	1. Repayment of the appropriate amount to the health care
2327	provider.
2328	2. An administrative fine assessed by the agency in an
2329	amount not to exceed $5,000 per instance of improperly
2330	disallowing or reducing payments.
2331	3. Award of the health care provider's costs, including a
2332	reasonable attorney's fee, for prosecuting the petition.
2333	(8) PATTERN OR PRACTICE OF OVERUTILIZATION.--
2334	(a) Carriers must report to the agency all instances of
2335	overutilization including, but not limited to, all instances in
2336	which the carrier disallows or adjusts payment or a
2337	determination has been made that the provided or recommended
2338	treatment is in excess of the practice parameters and protocols
2339	of treatment established in this chapter. The agency shall
2340	determine whether a pattern or practice of overutilization
2341	exists.
2342	(b) If the agency determines that a health care provider
2343	has engaged in a pattern or practice of overutilization or a
2344	violation of this chapter or rules adopted by the agency,
2345	including a pattern or practice of providing treatment in excess
2346	of the practice parameters or protocols of treatment, it may
2347	impose one or more of the following penalties:
2348	1. An order of the agency barring the provider from
2349	payment under this chapter;
2350	2. Deauthorization of care under review;
2351	3. Denial of payment for care rendered in the future;
2352	4. Decertification of a health care provider certified as
2353	an expert medical advisor under subsection (9) or of a
2354	rehabilitation provider certified under s. 440.49;
2355	5. An administrative fine assessed by the agency in an
2356	amount not to exceed $5,000 per instance of overutilization or
2357	violation; and
2358	6. Notification of and review by the appropriate licensing
2359	authority pursuant to s. 440.106(3).
2360	(9) EXPERT MEDICAL ADVISORS.--
2361	(a) The agency shall certify expert medical advisors in
2362	each specialty to assist the agency and the judges of
2363	compensation claims within the advisor's area of expertise as
2364	provided in this section. The agency shall, in a manner
2365	prescribed by rule, in certifying, recertifying, or decertifying
2366	an expert medical advisor, consider the qualifications,
2367	training, impartiality, and commitment of the health care
2368	provider to the provision of quality medical care at a
2369	reasonable cost. As a prerequisite for certification or
2370	recertification, the agency shall require, at a minimum, that
2371	an expert medical advisor have specialized workers' compensation
2372	training or experience under the workers' compensation system of
2373	this state and board certification or board eligibility.
2374	(b) The agency shall contract with one or more entities
2375	that employ, contract with, or otherwise secureor employexpert
2376	medical advisors to provide peer review or expertmedical
2377	consultation, opinions, and testimonyto the agency or to a
2378	judge of compensation claims in connection with resolving
2379	disputes relating to reimbursement, differing opinions of health
2380	care providers, and health care and physician services rendered
2381	under this chapter, including utilization issues. The agency
2382	shall by rule establish the qualifications of expert medical
2383	advisors, including training and experience in the workers'
2384	compensation system in the state and the expert medical
2385	advisor's knowledge of and commitment to the standards of care,
2386	practice parameters, and protocols established pursuant to this
2387	chapter. Expert medical advisors contracting with the agency
2388	shall, as a term of such contract, agree to provide consultation
2389	or services in accordance with the timetables set forth in this
2390	chapter and to abide by rules adopted by the agency, including,
2391	but not limited to, rules pertaining to procedures for review of
2392	the services rendered by health care providers and preparation
2393	of reports and testimony orrecommendations for submission to
2394	the agency or the judge of compensation claims.
2395	(c) If there is disagreement in the opinions of the health
2396	care providers, if two health care providers disagree on medical
2397	evidence supporting the employee's complaints or the need for
2398	additional medical treatment, or if two health care providers
2399	disagree that the employee is able to return to work, the agency
2400	may, and the judge of compensation claims shall, upon his or her
2401	own motion or within 15 days after receipt of a written request
2402	by either the injured employee, the employer, or the carrier,
2403	order the injured employee to be evaluated by an expert medical
2404	advisor. The opinion of the expert medical advisor is presumed
2405	to be correct unless there is clear and convincing evidence to
2406	the contrary as determined by the judge of compensation claims.
2407	The expert medical advisor appointed to conduct the evaluation
2408	shall have free and complete access to the medical records of
2409	the employee. An employee who fails to report to and cooperate
2410	with such evaluation forfeits entitlement to compensation during
2411	the period of failure to report or cooperate.
2412	(d) The expert medical advisor must complete his or her
2413	evaluation and issue his or her report to the agency or to the
2414	judge of compensation claims within 1545days after receipt of
2415	all medical records. The expert medical advisor must furnish a
2416	copy of the report to the carrier and to the employee.
2417	(e) An expert medical advisor is not liable under any
2418	theory of recovery for evaluations performed under this section
2419	without a showing of fraud or malice. The protections of s.
2420	766.101 apply to any officer, employee, or agent of the agency
2421	and to any officer, employee, or agent of any entity with which
2422	the agency has contracted under this subsection.
2423	(f) If the agency or a judge of compensation claims orders
2424	determines thatthe services of a certified expert medical
2425	advisor are requiredto resolve a dispute under this section,
2426	the party requesting such examinationcarriermust compensate
2427	the advisor for his or her time in accordance with a schedule
2428	adopted by the agency. If the employee prevails in a dispute as
2429	determined in an order by a judge of compensation claims based
2430	upon the expert medical advisor's findings, the employer or
2431	carrier shall pay for the costs of such expert medical advisor.
2432	If a judge of compensation claims, upon his or her motion, finds
2433	that an expert medical advisor is needed to resolve the dispute,
2434	the carrier must compensate the advisor for his or her time in
2435	accordance with a schedule adopted by the agency.The agency may
2436	assess a penalty not to exceed $500 against any carrier that
2437	fails to timely compensate an advisor in accordance with this
2438	section.
2439	(10) WITNESS FEES.--Any health care provider who gives a
2440	deposition shall be allowed a witness fee. The amount charged by
2441	the witness may not exceed $200 per hour. An expert witness who
2442	has never provided direct professional services to a party but
2443	has merely reviewed medical records and provided an expert
2444	opinion or has provided only direct professional services that
2445	were unrelated to the workers' compensation case may not be
2446	allowed a witness fee in excess of $200 per day.
2447	(11) AUDITS BY AGENCY FOR HEALTH CARE ADMINISTRATION AND
2448	THE DEPARTMENT OF INSURANCE; JURISDICTION.--
2449	(a) The Agency for Health Care Administration may
2450	investigate health care providers to determine whether providers
2451	are complying with this chapter and with rules adopted by the
2452	agency, whether the providers are engaging in overutilization,
2453	andwhether providers are engaging in improper billing
2454	practices, and whether providers are adhering to practice
2455	parameters and protocols established in accordance with this
2456	chapter. If the agency finds that a health care provider has
2457	improperly billed, overutilized, or failed to comply with agency
2458	rules or the requirements of this chapter, including, but not
2459	limited to, practice parameters and protocols established in
2460	accordance with this chapter,it must notify the provider of its
2461	findings and may determine that the health care provider may not
2462	receive payment from the carrier or may impose penalties as set
2463	forth in subsection (8) or other sections of this chapter. If
2464	the health care provider has received payment from a carrier for
2465	services that were improperly billed, that constitute
2466	overutilization, or that were outside practice parameters or
2467	protocols established in accordance with this chapteror for
2468	overutilization, it must return those payments to the carrier.
2469	The agency may assess a penalty not to exceed $500 for each
2470	overpayment that is not refunded within 30 days after
2471	notification of overpayment by the agency or carrier.
2472	(b) The department shall monitor and audit carriers as
2473	provided in s. 624.3161, to determine if medical bills are paid
2474	in accordance with this section and department rules. Any
2475	employer, if self-insured, or carrier found by the division not
2476	to be within 90 percent compliance as to the payment of medical
2477	bills after July 1, 1994, must be assessed a fine not to exceed
2478	1 percent of the prior year's assessment levied against such
2479	entity under s. 440.51 for every quarter in which the entity
2480	fails to attain 90-percent compliance. The department shall fine
2481	or otherwise discipline an employer or carrier, pursuant to this
2482	chapter, the insurance code, or rules adopted by the department,
2483	for each late payment of compensation that is below the minimum
2484	95-percent90-percentperformance standard. Any carrier that is
2485	found to be not in compliance in subsequent consecutive quarters
2486	must implement a medical-bill review program approved by the
2487	division, and the carrier is subject to disciplinary action by
2488	the Department of Insurance.
2489	(c) The agency has exclusive jurisdiction to decide any
2490	matters concerning reimbursement, to resolve any overutilization
2491	dispute under subsection (7), and to decide any question
2492	concerning overutilization under subsection (8), which question
2493	or dispute arises after January 1, 1994.
2494	(d) The following agency actions do not constitute agency
2495	action subject to review under ss. 120.569 and 120.57 and do not
2496	constitute actions subject to s. 120.56: referral by the entity
2497	responsible for utilization review; a decision by the agency to
2498	refer a matter to a peer review committee; establishment by a
2499	health care provider or entity of procedures by which a peer
2500	review committee reviews the rendering of health care services;
2501	and the review proceedings, report, and recommendation of the
2502	peer review committee.
2503	(12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
2504	REIMBURSEMENT ALLOWANCES.--
2505	(a) A three-member panel is created, consisting of the
2506	Insurance Commissioner, or the Insurance Commissioner's
2507	designee, and two members to be appointed by the Governor,
2508	subject to confirmation by the Senate, one member who, on
2509	account of present or previous vocation, employment, or
2510	affiliation, shall be classified as a representative of
2511	employers, the other member who, on account of previous
2512	vocation, employment, or affiliation, shall be classified as a
2513	representative of employees. The panel shall determine statewide
2514	schedules of maximum reimbursement allowances for medically
2515	necessary treatment, care, and attendance provided by
2516	physicians, hospitals, ambulatory surgical centers, work-
2517	hardening programs, pain programs, and durable medical
2518	equipment. The maximum reimbursement allowances for inpatient
2519	hospital care shall be based on a schedule of per diem rates, to
2520	be approved by the three-member panel no later than March 1,
2521	1994, to be used in conjunction with a precertification manual
2522	as determined by the department, including maximum hours in
2523	which an outpatient may remain in observation status, which
2524	shall not exceed 23 hoursagency. All compensable charges for
2525	hospital outpatient care shall be reimbursed at 75 percent of
2526	usual and customary charges, except as otherwise provided by
2527	this subsection. Until the three-member panel approves a
2528	schedule of per diem rates for inpatient hospital care and it
2529	becomes effective, all compensable charges for hospital
2530	inpatient care must be reimbursed at 75 percent of their usual
2531	and customary charges.Annually, the three-member panel shall
2532	adopt schedules of maximum reimbursement allowances for
2533	physicians, hospital inpatient care, hospital outpatient care,
2534	ambulatory surgical centers, work-hardening programs, and pain
2535	programs. However, the maximum percentage of increase in the
2536	individual reimbursement allowance may not exceed the percentage
2537	of increase in the Consumer Price Index for the previous year.
2538	An individual physician, hospital, ambulatory surgical center,
2539	pain program, or work-hardening program shall be reimbursed
2540	either the usual and customary charge for treatment, care, and
2541	attendance, the agreed-upon contract price,or the maximum
2542	reimbursement allowance in the appropriate schedule, whichever
2543	is less.
2544	(b) It is the intent of the Legislature to increase the
2545	schedule of maximum reimbursement allowances for selected
2546	physicians effective January 1, 2004, and to pay for the
2547	increases through reductions in payments to hospitals. Revisions
2548	developed pursuant to this subsection are limited to the
2549	following:
2550	1. Payments for outpatient physical, occupational, and
2551	speech therapy provided by hospitals shall be reduced to the
2552	schedule of maximum reimbursement allowances for these services
2553	which applies to nonhospital providers.
2554	2. Payments for scheduled outpatient nonemergency
2555	radiological and clinical laboratory services that are not
2556	provided in conjunction with a surgical procedure shall be
2557	reduced to the schedule of maximum reimbursement allowances for
2558	these services which applies to nonhospital providers.
2559	3. Outpatient reimbursement for scheduled surgeries shall
2560	be reduced from 75 percent of charges to 60 percent of charges.
2561	4. Maximum reimbursement for a physician licensed under
2562	chapter 458 or chapter 459 shall be increased to 110 percent of
2563	the reimbursement allowed by Medicare, using appropriate codes
2564	and modifiers or the medical reimbursement level adopted by the
2565	three-member panel as of January 1, 2003, whichever is greater.
2566	5. Maximum reimbursement for surgical procedures shall be
2567	increased to 140 percent of the reimbursement allowed by
2568	Medicare or the medical reimbursement level adopted by the
2569	three-member panel as of January 1, 2003, whichever is greater.
2570	(c)(b)As to reimbursement for a prescription medication,
2571	the reimbursement amount for a prescription shall be the average
2572	wholesale price times 1.2plus $4.18 for the dispensing fee,
2573	except where the carrier has contracted for a lower amount. Fees
2574	for pharmaceuticals and pharmaceutical services shall be
2575	reimbursable at the applicable fee schedule amount. Where the
2576	employer or carrier has contracted for such services and the
2577	employee elects to obtain them through a provider not a party to
2578	the contract, the carrier shall reimburse at the schedule,
2579	negotiated, or contract price, whichever is lower. No such
2580	contract shall rely on a provider that is not reasonably
2581	accessible to the employee.
2582	(d)(c)Reimbursement for all fees and other charges for
2583	such treatment, care, and attendance, including treatment, care,
2584	and attendance provided by any hospital or other health care
2585	provider, ambulatory surgical center, work-hardening program, or
2586	pain program, must not exceed the amounts provided by the
2587	uniform schedule of maximum reimbursement allowances as
2588	determined by the panel or as otherwise provided in this
2589	section. This subsection also applies to independent medical
2590	examinations performed by health care providers under this
2591	chapter. Until the three-member panel approves a uniform
2592	schedule of maximum reimbursement allowances and it becomes
2593	effective, all compensable charges for treatment, care, and
2594	attendance provided by physicians, ambulatory surgical centers,
2595	work-hardening programs, or pain programs shall be reimbursed at
2596	the lowest maximum reimbursement allowance across all 1992
2597	schedules of maximum reimbursement allowances for the services
2598	provided regardless of the place of service.In determining the
2599	uniform schedule, the panel shall first approve the data which
2600	it finds representative of prevailing charges in the state for
2601	similar treatment, care, and attendance of injured persons. Each
2602	health care provider, health care facility, ambulatory surgical
2603	center, work-hardening program, or pain program receiving
2604	workers' compensation payments shall maintain records verifying
2605	their usual charges. In establishing the uniform schedule of
2606	maximum reimbursement allowances, the panel must consider:
2607	1. The levels of reimbursement for similar treatment,
2608	care, and attendance made by other health care programs or
2609	third-party providers;
2610	2. The impact upon cost to employers for providing a level
2611	of reimbursement for treatment, care, and attendance which will
2612	ensure the availability of treatment, care, and attendance
2613	required by injured workers;
2614	3. The financial impact of the reimbursement allowances
2615	upon health care providers and health care facilities, including
2616	trauma centers as defined in s. 395.4001, and its effect upon
2617	their ability to make available to injured workers such
2618	medically necessary remedial treatment, care, and attendance.
2619	The uniform schedule of maximum reimbursement allowances must be
2620	reasonable, must promote health care cost containment and
2621	efficiency with respect to the workers' compensation health care
2622	delivery system, and must be sufficient to ensure availability
2623	of such medically necessary remedial treatment, care, and
2624	attendance to injured workers; and
2625	4. The most recent average maximum allowable rate of
2626	increase for hospitals determined by the Health Care Board under
2627	chapter 408.
2628	(e)(d)In addition to establishing the uniform schedule of
2629	maximum reimbursement allowances, the panel shall:
2630	1. Take testimony, receive records, and collect data to
2631	evaluate the adequacy of the workers' compensation fee schedule,
2632	nationally recognized fee schedules and alternative methods of
2633	reimbursement to certified health care providers and health care
2634	facilities for inpatient and outpatient treatment and care.
2635	2. Survey certified health care providers and health care
2636	facilities to determine the availability and accessibility of
2637	workers' compensation health care delivery systems for injured
2638	workers.
2639	3. Survey carriers to determine the estimated impact on
2640	carrier costs and workers' compensation premium rates by
2641	implementing changes to the carrier reimbursement schedule or
2642	implementing alternative reimbursement methods.
2643	4. Submit recommendations on or before January 1, 2003,
2644	and biennially thereafter, to the President of the Senate and
2645	the Speaker of the House of Representatives on methods to
2646	improve the workers' compensation health care delivery system.
2647
2648	The division shall provide data to the panel, including but not
2649	limited to, utilization trends in the workers' compensation
2650	health care delivery system. The division shall provide the
2651	panel with an annual report regarding the resolution of medical
2652	reimbursement disputes and any actions pursuant to s. 440.13(8).
2653	The division shall provide administrative support and service to
2654	the panel to the extent requested by the panel.
2655	(13) REMOVAL OF PHYSICIANS FROM LISTS OF THOSE AUTHORIZED
2656	TO RENDER MEDICAL CARE.--The agency shall remove from the list
2657	of physicians or facilities authorized to provide remedial
2658	treatment, care, and attendance under this chapter the name of
2659	any physician or facility found after reasonable investigation
2660	to have:
2661	(a) Engaged in professional or other misconduct or
2662	incompetency in connection with medical services rendered under
2663	this chapter;
2664	(b) Exceeded the limits of his or her or its professional
2665	competence in rendering medical care under this chapter, or to
2666	have made materially false statements regarding his or her or
2667	its qualifications in his or her application;
2668	(c) Failed to transmit copies of medical reports to the
2669	employer or carrier, or failed to submit full and truthful
2670	medical reports of all his or her or its findings to the
2671	employer or carrier as required under this chapter;
2672	(d) Solicited, or employed another to solicit for himself
2673	or herself or itself or for another, professional treatment,
2674	examination, or care of an injured employee in connection with
2675	any claim under this chapter;
2676	(e) Refused to appear before, or to answer upon request
2677	of, the agency or any duly authorized officer of the state, any
2678	legal question, or to produce any relevant book or paper
2679	concerning his or her conduct under any authorization granted to
2680	him or her under this chapter;
2681	(f) Self-referred in violation of this chapter or other
2682	laws of this state; or
2683	(g) Engaged in a pattern of practice of overutilization or
2684	a violation of this chapter or rules adopted by the agency,
2685	including failure to adhere to practice parameters and protocols
2686	established in accordance with this chapter.
2687	(14) PAYMENT OF MEDICAL FEES.--
2688	(a) Except for emergency care treatment, fees for medical
2689	services are payable only to a health care provider certified
2690	and authorized to render remedial treatment, care, or attendance
2691	under this chapter. Carriers shall pay, disallow, or deny
2692	payment to health care providers in the manner and at times set
2693	forth in this chapter.A health care provider may not collect or
2694	receive a fee from an injured employee within this state, except
2695	as otherwise provided by this chapter. Such providers have
2696	recourse against the employer or carrier for payment for
2697	services rendered in accordance with this chapter. Payment to
2698	health care providers or physicians shall be subject to the
2699	medical fee schedule and applicable practice parameters and
2700	protocols, regardless of whether the health care provider or
2701	claimant is asserting that the payment should be made.
2702	(b) Fees charged for remedial treatment, care, and
2703	attendance, except for independent medical examinations and
2704	consensus independent medical examinations, may not exceed the
2705	applicable fee schedules adopted under this chapter and
2706	department rule. Notwithstanding any other provision in this
2707	chapter, if a physician or health care provider specifically
2708	agrees in writing to follow identified procedures aimed at
2709	providing quality medical care to injured workers at reasonable
2710	costs, deviations from established fee schedules shall be
2711	permitted. Written agreements warranting deviations may include,
2712	but are not limited to, the timely scheduling of appointments
2713	for injured workers, participating in return-to-work programs
2714	with injured workers' employers, expediting the reporting of
2715	treatments provided to injured workers, and agreeing to
2716	continuing education, utilization review, quality assurance,
2717	precertification, and case management systems that are designed
2718	to provide needed treatment for injured workers.
2719	(c) Notwithstanding any other provision of this chapter,
2720	following overall maximum medical improvement from an injury
2721	compensable under this chapter, the employee is obligated to pay
2722	a copayment of $10 per visit for medical services. The copayment
2723	shall not apply to emergency care provided to the employee.
2724	(15) PRACTICE PARAMETERS.--The practice parameters and
2725	protocols mandated under this chapter shall be the practice
2726	parameters and protocols adopted by the United States Agency for
2727	Healthcare Research and Quality in effect on January 1, 2003.
2728	(a) The Agency for Health Care Administration, in
2729	conjunction with the department and appropriate health
2730	professional associations and health-related organizations shall
2731	develop and may adopt by rule scientifically sound practice
2732	parameters for medical procedures relevant to workers'
2733	compensation claimants. Practice parameters developed under this
2734	section must focus on identifying effective remedial treatments
2735	and promoting the appropriate utilization of health care
2736	resources. Priority must be given to those procedures that
2737	involve the greatest utilization of resources either because
2738	they are the most costly or because they are the most frequently
2739	performed. Practice parameters for treatment of the 10 top
2740	procedures associated with workers' compensation injuries
2741	including the remedial treatment of lower-back injuries must be
2742	developed by December 31, 1994.
2743	(b) The guidelines may be initially based on guidelines
2744	prepared by nationally recognized health care institutions and
2745	professional organizations but should be tailored to meet the
2746	workers' compensation goal of returning employees to full
2747	employment as quickly as medically possible, taking into
2748	consideration outcomes data collected from managed care
2749	providers and any other inpatient and outpatient facilities
2750	serving workers' compensation claimants.
2751	(c) Procedures must be instituted which provide for the
2752	periodic review and revision of practice parameters based on the
2753	latest outcomes data, research findings, technological
2754	advancements, and clinical experiences, at least once every 3
2755	years.
2756	(d) Practice parameters developed under this section must
2757	be used by carriers and the agency in evaluating the
2758	appropriateness and overutilization of medical services provided
2759	to injured employees.
2760	(16) STANDARDS OF CARE.--The following standards of care
2761	shall be followed in providing medical care under this chapter:
2762	(a) Abnormal anatomical findings alone, in the absence of
2763	objective relevant medical findings, shall not be an indicator
2764	of injury or illness, a justification for the provision of
2765	remedial medical care or the assignment of restrictions, or a
2766	foundation for limitations.
2767	(b) At all times during evaluation and treatment, the
2768	provider shall act on the premise that returning to work is an
2769	integral part of the treatment plan. The goal of removing all
2770	restrictions and limitations as early as appropriate shall be
2771	part of the treatment plan on a continuous basis. The assignment
2772	of restrictions and limitations shall be reviewed with each
2773	patient exam and upon receipt of new information, such as
2774	progress reports from physical therapists and other providers.
2775	Consideration shall be given to upgrading or removing the
2776	restrictions and limitations with each patient exam, based upon
2777	the presence or absence of objective relevant medical findings.
2778	(c) Reasonable necessary medical care of injured employees
2779	shall in all situations:
2780	1. Utilize a high intensity, short duration treatment
2781	approach that focuses on early activation and restoration of
2782	function whenever possible.
2783	2. Include reassessment of the treatment plans, regimes,
2784	therapies, prescriptions, and functional limitations or
2785	restrictions prescribed by the provider every 30 days.
2786	3. Be focused on treatment of the individual employee's
2787	specific clinical dysfunction or status and shall not be based
2788	upon nondescript diagnostic labels.
2789
2790	All treatment shall be inherently scientifically logical and the
2791	evaluation or treatment procedure must match the documented
2792	physiologic and clinical problem. Treatment shall match the
2793	type, intensity, and duration of service required by the problem
2794	identified.
2795	(17) Failure to comply with this section shall be
2796	considered a violation of this chapter and is subject to
2797	penalties as provided for in s. 440.525.
2798	Section 16. Paragraphs (d) and (i) of subsection (1) and
2799	subsections (2), (6), (7), (8), (9), (10), (11), (17), and (25)
2800	of section 440.134, Florida Statutes, are amended to read:
2801	440.134 Workers' compensation managed care arrangement.--
2802	(1) As used in this section, the term:
2803	(d) "Grievance" means a written complaint, other than a
2804	petition for benefits, filed by the injured worker pursuant to
2805	the requirements of the managed care arrangement, expressing
2806	dissatisfaction with the medical care provided by aninsurer's
2807	workers' compensation managed care arrangement's refusal to
2808	provide medical care or the medical care providedarrangement
2809	health care providers, expressed in writing by an injured
2810	worker.
2811	(i) "Medical care coordinator" means a primary care
2812	provider within a provider network who is responsible for
2813	managing the medical care of an injured worker including
2814	determining other health care providers and health care
2815	facilities to which the injured employee will be referred for
2816	evaluation or treatment. A medical care coordinator shall be a
2817	physician licensed under chapter 458,oran osteopathic
2818	physician licensed under chapter 459, a chiropractic physician
2819	licensed under chapter 460, or a podiatric physician licensed
2820	under chapter 461.
2821	(2)(a) The self-insured employer or carrier may, subject
2822	to the terms and limitations specified elsewhere in this section
2823	and chapter, furnish to the employee solely through managed care
2824	arrangements such medically necessary remedial treatment, care,
2825	and attendance for such period as the nature of the injury or
2826	the process of recovery requires and which shall be in
2827	accordance with practice parameters and protocols established
2828	pursuant to this chapter. For any self-insured employer or
2829	carrier who elects to deliver the medical benefits required by
2830	this chapter through a method other than a workers' compensation
2831	managed care arrangement, the discontinuance of the use of the
2832	workers' compensation managed care arrangement shall be without
2833	regard to the date of the accident, notwithstanding any other
2834	provision of law or rule.
2835	(b) The agency shall authorize an insurer to offer or
2836	utilize a workers' compensation managed care arrangement after
2837	the insurer files a completed application along with the payment
2838	of a $1,000 application fee, and upon the agency's being
2839	satisfied that the applicant has the ability to provide quality
2840	of care consistent with the prevailing professional standards of
2841	care and the insurer and its workers' compensation managed care
2842	arrangement otherwise meets the requirements of this section. No
2843	insurer may offer or utilize a managed care arrangement without
2844	such authorization. The authorization, unless sooner suspended
2845	or revoked, shall automatically expire 2 years after the date of
2846	issuance unless renewed by the insurer. The authorization shall
2847	be renewed upon application for renewal and payment of a renewal
2848	fee of $1,000, provided that the insurer is in compliance with
2849	the requirements of this section and any rules adopted
2850	hereunder. An application for renewal of the authorization shall
2851	be made 90 days prior to expiration of the authorization, on
2852	forms provided by the agency. The renewal application shall not
2853	require the resubmission of any documents previously filed with
2854	the agency if such documents have remained valid and unchanged
2855	since their original filing.
2856	(6) The proposed managed care plan of operation must
2857	include:
2858	(a) A statement or map providing a clear description of
2859	the service area.
2860	(b) A description of the grievance procedure to be used.
2861	(c) A description of the quality assurance program which
2862	assures that the health care services provided to workers shall
2863	be rendered under reasonable standards of quality of care
2864	consistent with the prevailing standards of medical practice in
2865	the medical community. The program shall include, but not be
2866	limited to:
2867	1. A written statement of goals and objectives that
2868	stresses health and return-to-work outcomes as the principal
2869	criteria for the evaluation of the quality of care rendered to
2870	injured workers.
2871	2. A written statement describing how methodology has been
2872	incorporated into an ongoing system for monitoring of care that
2873	is individual case oriented and, when implemented, can provide
2874	interpretation and analysis of patterns of care rendered to
2875	individual patients by individual providers.
2876	3. Written procedures for taking appropriate remedial
2877	action whenever, as determined under the quality assurance
2878	program, inappropriate or substandard services have been
2879	provided or services that should have been furnished have not
2880	been provided.
2881	4. A written plan, which includes ongoing review, for
2882	providing review of physicians and other licensed medical
2883	providers.
2884	5. Appropriate financial incentives to reduce service
2885	costs and utilization without sacrificing the quality of
2886	service.
2887	6. Adequate methods of peer review and utilization review.
2888	The utilization review process shall include a health care
2889	facility'sfacilitiesprecertification mechanism, including, but
2890	not limited to, all elective admissions and nonemergency
2891	surgeries and adherence to practice parameters and protocols
2892	established in accordance with this chapter.
2893	7. Provisions for resolution of disputes arising between a
2894	health care provider and an insurer regarding reimbursements and
2895	utilization review.
2896	8. Availability of a process for aggressive medical care
2897	coordination, as well as a program involving cooperative efforts
2898	by the workers, the employer, and the workers' compensation
2899	managed care arrangement to promote early return to work for
2900	injured workers.
2901	9. A written plan allowing for the independent medical
2902	examination provided for in s. 440.13(5). Notwithstanding any
2903	provision to the contrary, the costs for the independent medical
2904	examination shall be paid by the carrier if such examination is
2905	performed by a physician in the provider network. Otherwise,
2906	such costs shall be paid in accordance with s. 440.13(5). An
2907	independent medical examination requested by a claimant and paid
2908	for by the carrier shall constitute the claimant's one
2909	independent medical examination per accident under s. 440.13(5).
2910	A process allowing employees to obtain one second medical
2911	opinion in the same specialty and within the provider network
2912	during the course of treatment for a work-related injury.
2913	10. A provision for the selection of a primary care
2914	provider by the employee from among primary providers in the
2915	provider network.
2916	11. The written information proposed to be used by the
2917	insurer to comply with subparagraph 8.
2918	(7) Written procedures to provide the insurer with timely
2919	medical records and information including, but not limited to,
2920	work status, work restrictions, date of maximum medical
2921	improvement, permanent impairment ratings, and other information
2922	as required, including information demonstrating compliance with
2923	the practice parameters and protocols of treatment established
2924	pursuant to this chapter.
2925	(8) Evidence that appropriate health care providers and
2926	administrative staff of the insurer's workers' compensation
2927	managed care arrangement have received training and education on
2928	the provisions of this chapter;andthe administrative rules
2929	that govern the provision of remedial treatment, care, and
2930	attendance of injured workers; and the practice parameters and
2931	protocols of treatment established pursuant to this chapter.
2932	(9) Written procedures and methods to prevent
2933	inappropriate or excessive treatment that are in accordance with
2934	the practice parameters and protocols of treatment established
2935	pursuant to this chapter.
2936	(10) Written procedures and methods for the management of
2937	an injured worker's medical care by a medical care coordinator
2938	including:
2939	(a) The mechanism for assuring that covered employees
2940	receive all initial covered services from a primary care
2941	provider participating in the provider network, except for
2942	emergency care.
2943	(b) The mechanism for assuring that all continuing covered
2944	services be received from the same primary care provider
2945	participating in the provider network that provided the initial
2946	covered services, except when services from another provider are
2947	authorized by the medical care coordinator pursuant to paragraph
2948	(d).
2949	(c) The policies and procedures for allowing an employee
2950	one change to another provider within the same specialty and
2951	provider network as the authorized treating physician during the
2952	course of treatment for a work-related injury, in accordance
2953	with the procedures provided in s. 440.13(2)(f), if a request is
2954	made to the medical care coordinator by the employee; and
2955	requiring that special provision be made for more than one such
2956	referral through the arrangement's grievance procedures.
2957	(d) The process for assuring that all referrals authorized
2958	by a medical care coordinator, in accordance with the practice
2959	parameters and protocols of treatment established pursuant to
2960	this chapter,are made to the participating network providers,
2961	unless medically necessary treatment, care, and attendance are
2962	not available and accessible to the injured worker in the
2963	provider network.
2964	(e) Assignment of a medical care coordinator licensed
2965	under chapter 458 or chapter 459 to manage care by physicians
2966	licensed under chapter 458 or chapter 459, a medical care
2967	coordinator licensed under chapter 460 to manage care by
2968	physicians licensed under chapter 460, and a medical care
2969	coordinator licensed under chapter 461 to manage care by
2970	physicians licensed under chapter 461 upon request by an injured
2971	employee for care by a physician licensed under chapter 458,
2972	chapter 459, chapter 460, or chapter 461.
2973	(11) A description of the use of workers' compensation
2974	practice parameters and protocols of treatmentfor health care
2975	services when adopted by the agency.
2976	(17) Notwithstanding any other provisions of this chapter,
2977	when a carrier provides medical care through a workers'
2978	compensation managed care arrangement, pursuant to this section,
2979	those workers who are subject to the arrangement must receive
2980	medical services for work-related injuries and diseases as
2981	prescribed in the contract, provided the employer and carrier
2982	have provided notice to the employees of the arrangement in a
2983	manner approved by the agency and the medical services are in
2984	accordance with the practice parameters and protocols
2985	established pursuant to this chapter. Treatment received outside
2986	the workers' compensation managed care arrangement is not
2987	compensable, regardless of the purpose of the treatment,
2988	including, but not limited to, evaluations, examinations, or
2989	diagnostic studies to determine causation between medical
2990	findings and a compensable accident, the existence or extent of
2991	impairments or disabilities, and whether the injured employee
2992	has reached maximum medical improvement,unless authorized by
2993	the carrier prior to the treatment date.
2994	(25) The agency shall adopt rules that specify:
2995	(a) Procedures for authorization and examination of
2996	workers' compensation managed care arrangements by the agency.
2997	(b) Requirements and procedures for authorization of
2998	workers' compensation arrangement provider networks and
2999	procedures for the agency to grant exceptions from accessibility
3000	of services.
3001	(c) Requirements and procedures for case management,
3002	utilization management, and peer review.
3003	(d) Requirements and procedures for quality assurance and
3004	medical records.
3005	(e) Requirements and procedures for dispute resolution in
3006	conformance with this chapter.
3007	(f) Requirements and procedures for employee and provider
3008	education.
3009	(g) Requirements and procedures for reporting data
3010	regarding grievances, return-to-work outcomes, and provider
3011	networks.
3012	Section 17. Subsections (1) and (4)and paragraph (b) of
3013	subsection (5) of section 440.14, Florida Statutes, are amended
3014	to read:
3015	440.14 Determination of pay.--
3016	(1) Except as otherwise provided in this chapter, the
3017	average weekly wages of the injured employee on the date of the
3018	accidentat the time of the injuryshall be taken as the basis
3019	upon which to compute compensation and shall be determined,
3020	subject to the limitations of s. 440.12(2), as follows:
3021	(a) If the injured employee has worked in the employment
3022	in which she or he was working on the date of the accidentat
3023	the time of the injury, whether for the same or another
3024	employer, during substantially the whole of 13 weeks immediately
3025	preceding the accidentinjury, her or his average weekly wage
3026	shall be one-thirteenth of the total amount of wages earned in
3027	such employment during the 13 weeks. As used in this paragraph,
3028	the term "substantially the whole of 13 weeks" means the
3029	calendarshall be deemed to mean and refer to a constructive
3030	period of 13 weeks as a whole, which shall be defined as the 13
3031	calendar weeks before the date of the accident, excluding the
3032	week during which the accident occurred.a consecutive period of
3033	91 days, andThe term "during substantially the whole of 13
3034	weeks" shall be deemed to mean during not less than 7590
3035	percent of the total customary full-timehours of employment
3036	within such period considered as a whole.
3037	(b) If the injured employee has not worked in such
3038	employment during substantially the whole of 13 weeks
3039	immediately preceding the accidentinjury, the wages of a
3040	similar employee in the same employment who has worked
3041	substantially the whole of such 13 weeks shall be used in making
3042	the determination under the preceding paragraph.
3043	(c) If an employee is a seasonal worker and the foregoing
3044	method cannot be fairly applied in determining the average
3045	weekly wage, then the employee may use, instead of the 13 weeks
3046	immediately preceding the accidentinjury, the calendar year or
3047	the 52 weeks immediately preceding the accidentinjury. The
3048	employee will have the burden of proving that this method will
3049	be more reasonable and fairer than the method set forth in
3050	paragraphs (a) and (b) and, further, must document prior
3051	earnings with W-2 forms, written wage statements, or income tax
3052	returns. The employer shall have 30 days following the receipt
3053	of this written proof to adjust the compensation rate, including
3054	the making of any additional payment due for prior weekly
3055	payments, based on the lower rate compensation.
3056	(d) If any of the foregoing methods cannot reasonably and
3057	fairly be applied, the full-time weekly wages of the injured
3058	employee shall be used, except as otherwise provided in
3059	paragraph (e) or paragraph (f).
3060	(e) If it is established that the injured employee was
3061	under 22 years of age when the accident occurredinjuredand
3062	that under normal conditions her or his wages should be expected
3063	to increase during the period of disability, the fact may be
3064	considered in arriving at her or his average weekly wages.
3065	(f) If it is established that the injured employee was a
3066	part-time worker on the date of the accidentat the time of the
3067	injury, that she or he had adopted part-time employment as a
3068	customary practice, and that under normal working conditions she
3069	or he probably would have remained a part-time worker during the
3070	period of disability, these factors shall be considered in
3071	arriving at her or his average weekly wages. For the purpose of
3072	this paragraph, the term "part-time worker" means an individual
3073	who customarily works less than the full-time hours or full-time
3074	workweek of a similar employee in the same employment.
3075	(g) If compensation is due for a fractional part of the
3076	week, the compensation for such fractional part shall be
3077	determined by dividing the weekly compensation rate by the
3078	number of days employed per week to compute the amount due for
3079	each day.
3080	(4) Upon termination of the employee or upon termination
3081	of the payment of fringe benefits of any employee who is
3082	collecting indemnity benefits pursuant to s. 440.15(2) or
3083	(3)(b), the employer shall within 7 days of such termination
3084	file a corrected 13-week wage statement reflecting the wages
3085	paid and the fringe benefits that had been paid to the injured
3086	employee, as provided in s. 440.02(27).
3087	(5)
3088	(b) The employee waives any entitlement to interest,
3089	penalties, and attorney's fees during the period in which the
3090	employee has not provided information concerning the loss of
3091	earnings from concurrent employment. Carriers are not subject to
3092	penalties by the division under s. 440.20(8)(b) and (c)for
3093	unpaid compensation related to concurrent employment during the
3094	period in which the employee has not provided information
3095	concerning the loss of earnings from concurrent employment.
3096	Section 18. Section 440.15, Florida Statutes, is amended
3097	to read:
3098	440.15 Compensation for disability.--Compensation for
3099	disability shall be paid to the employee, subject to the limits
3100	provided in s. 440.12(2), as follows:
3101	(1) PERMANENT TOTAL DISABILITY.--
3102	(a) In case of total disability adjudged to be permanent,
3103	66 2/3 percent of the average weekly wages shall be paid to the
3104	employee during the continuance of such total disability.
3105	(b) Only A catastrophic injury as defined in s. 440.02(38)
3106	shall, in the absence of conclusive proof of a substantial
3107	earning capacity, constitute permanent total disability. In all
3108	other cases, no compensation shall be payable under paragraph
3109	(a) if the employee is engaged in, or is physically capable of
3110	engaging in at least sedentary employment. In order to obtain
3111	permanent total disability benefits, the employee must establish
3112	that he or she is not able uninterruptedly to engage in at least
3113	sedentary employment, within a 50-mile radius of the employee's
3114	residence, due to his or her physical limitation. Such benefits
3115	shall be payable until the employee reaches age 75,
3116	notwithstanding any age limits. If the accident occurred on or
3117	after the employee reaches age 70, benefits shall be payable
3118	during the continuance of permanent total disability, not to
3119	exceed 5 years following the determination of permanent total
3120	disability. Only claimants with catastrophic injuries or
3121	claimants who are incapable of engaging in employment, as
3122	described in this paragraph,are eligible for permanent total
3123	benefits. In no other case may permanent total disability be
3124	awarded.
3125	(c) In cases of permanent total disability resulting from
3126	injuries that occurred prior to July 1, 1955, such payments
3127	shall not be made in excess of 700 weeks.
3128	(d) If an employee who is being paid compensation for
3129	permanent total disability becomes rehabilitated to the extent
3130	that she or he establishes an earning capacity, the employee
3131	shall be paid, instead of the compensation provided in paragraph
3132	(a), benefits pursuant to subsection (3). The department shall
3133	adopt rules to enable a permanently and totally disabled
3134	employee who may have reestablished an earning capacity to
3135	undertake a trial period of reemployment without prejudicing her
3136	or his return to permanent total status in the case that such
3137	employee is unable to sustain an earning capacity.
3138	(e)1. The employer's or carrier's right to conduct
3139	vocational evaluations or testing by the employer's or carrier's
3140	chosen rehabilitation advisor or providerpursuant to s. 440.491
3141	continues even after the employee has been accepted or
3142	adjudicated as entitled to compensation under this chapter and
3143	costs for such evaluations and testing shall be borne by the
3144	employer or carrier, respectively. This right includes, but is
3145	not limited to, instances in which such evaluations or tests are
3146	recommended by a treating physician or independent medical-
3147	examination physician, instances warranted by a change in the
3148	employee's medical condition, or instances in which the employee
3149	appears to be making appropriate progress in recuperation. This
3150	right may not be exercised more than once every calendar year.
3151	2. The carrier must confirm the scheduling of the
3152	vocational evaluation or testing in writing, and must notify the
3153	employee and theemployee's counsel, if any, at least 7 days
3154	before the date on which vocational evaluation or testing is
3155	scheduled to occur.
3156	3. Pursuant to an order of the judge of compensation
3157	claims,The employer or carrier may withhold payment of benefits
3158	for permanent total disability or supplements for any period
3159	during which the employee willfully fails or refuses to appear
3160	without good cause for the scheduled vocational evaluation or
3161	testing.
3162	(f)1. If permanent total disability results from injuries
3163	that occurred subsequent to June 30, 1955, and for which the
3164	liability of the employer for compensation has not been
3165	discharged under s. 440.20(11), the injured employee shall
3166	receive additional weekly compensation benefits equal to 35
3167	percent of her or his weekly compensation rate, as established
3168	pursuant to the law in effect on the date of her or his injury,
3169	multiplied by the number of calendar years since the date of
3170	injury. The weekly compensation payable and the additional
3171	benefits payable under this paragraph, when combined, may not
3172	exceed the maximum weekly compensation rate in effect at the
3173	time of payment as determined pursuant to s. 440.12(2).
3174	Entitlement to These supplemental payments shall not be paid or
3175	payable after the employee attainscease at age 62, regardless
3176	of whetherif the employee has applied for or is eligible to
3177	applyis eligiblefor social security benefits under 42 U.S.C.
3178	ss. 402 and 423, whether or not the employee has applied for
3179	such benefits. These supplemental benefits shall be paid by the
3180	department out of the Workers' Compensation Administration Trust
3181	Fund when the injury occurred subsequent to June 30, 1955, and
3182	before July 1, 1984. These supplemental benefits shall be paid
3183	by the employer when the injury occurred on or after July 1,
3184	1984. Supplemental benefits are not payable for any period prior
3185	to October 1, 1974.
3186	2.a. The department shall provide by rule for the periodic
3187	reporting to the department of all earnings of any nature and
3188	social security income by the injured employee entitled to or
3189	claiming additional compensation under subparagraph 1. Neither
3190	the department nor the employer or carrier shall make any
3191	payment of those additional benefits provided by subparagraph 1.
3192	for any period during which the employee willfully fails or
3193	refuses to report upon request by the department in the manner
3194	prescribed by such rules.
3195	b. The department shall provide by rule for the periodic
3196	reporting to the employer or carrier of all earnings of any
3197	nature and social security income by the injured employee
3198	entitled to or claiming benefits for permanent total disability.
3199	The employer or carrier is not required to make any payment of
3200	benefits for permanent total disability for any period during
3201	which the employee willfully fails or refuses to report upon
3202	request by the employer or carrier in the manner prescribed by
3203	such rules or if any employee who is receiving permanent total
3204	disability benefits refuses to apply for or cooperate with the
3205	employer or carrier in applying for social security benefits.
3206	3. When an injured employee receives a full or partial
3207	lump-sum advance of the employee's permanent total disability
3208	compensation benefits, the employee's benefits under this
3209	paragraph shall be computed on the employee's weekly
3210	compensation rate as reduced by the lump-sum advance.
3211	(2) TEMPORARY TOTAL DISABILITY.--
3212	(a) Subject to subsection (7),in case of disability total
3213	in character but temporary in quality, 66 2/3 percent of the
3214	average weekly wages shall be paid to the employee during the
3215	continuance thereof, not to exceed 104 weeks except as provided
3216	in this subsection, s. 440.12(1), and s. 440.14(3). Once the
3217	employee reaches the maximum number of weeks allowed, or the
3218	employee reaches the date of maximum medical improvement,
3219	whichever occurs earlier, temporary disability benefits shall
3220	cease and the injured worker's permanent impairment shall be
3221	determined.
3222	(b) Notwithstanding the provisions of paragraph (a), an
3223	employee who has sustained the loss of an arm, leg, hand, or
3224	foot, has been rendered a paraplegic, paraparetic, quadriplegic,
3225	or quadriparetic, or has lost the sight of both eyes shall be
3226	paid temporary total disability of 80 percent of her or his
3227	average weekly wage. The increased temporary total disability
3228	compensation provided for in this paragraph must not extend
3229	beyond 6 months from the date of the accident; however, such
3230	benefits shall not be due or payable if the employee is eligible
3231	for, entitled to, or collecting permanent total disability
3232	benefits. The compensation provided by this paragraph is not
3233	subject to the limits provided in s. 440.12(2), but instead is
3234	subject to a maximum weekly compensation rate of $700. If, at
3235	the conclusion of this period of increased temporary total
3236	disability compensation, the employee is still temporarily
3237	totally disabled, the employee shall continue to receive
3238	temporary total disability compensation as set forth in
3239	paragraphs (a) and (c). The period of time the employee has
3240	received this increased compensation will be counted as part of,
3241	and not in addition to, the maximum periods of time for which
3242	the employee is entitled to compensation under paragraph (a) but
3243	not paragraph (c).
3244	(c) Temporary total disability benefits paid pursuant to
3245	this subsection shall include such period as may be reasonably
3246	necessary for training in the use of artificial members and
3247	appliances, and shall include such period as the employee may be
3248	receiving training and education under a program pursuant to s.
3249	440.491. Notwithstanding s. 440.02, the date of maximum medical
3250	improvement for purposes of paragraph (3)(b) shall be no earlier
3251	than the last day for which such temporary disability benefits
3252	are paid.
3253	(d) The department shall, by rule, provide for the
3254	periodic reporting to the department, employer, or carrier of
3255	all earned income, including income from social security, by the
3256	injured employee who is entitled to or claiming benefits for
3257	temporary total disability. The employer or carrier is not
3258	required to make any payment of benefits for temporary total
3259	disability for any period during which the employee willfully
3260	fails or refuses to report upon request by the employer or
3261	carrier in the manner prescribed by the rules. The rule must
3262	require the claimant to personally sign the claim form and
3263	attest that she or he has reviewed, understands, and
3264	acknowledges the foregoing.
3265	(3) PERMANENT IMPAIRMENT AND WAGE-LOSSBENEFITS.--
3266	(a) Impairment benefits.--
3267	1.Once the employee has reached the date of maximum
3268	medical improvement, impairment benefits are due and payable
3269	within 1420days after the carrier has knowledge of the
3270	impairment.
3271	(b)2.The three-member panel, in cooperation with the
3272	department, shall establish and use a uniform permanent
3273	impairment rating schedule. This schedule must be based on
3274	medically or scientifically demonstrable findings as well as the
3275	systems and criteria set forth in the American Medical
3276	Association's Guides to the Evaluation of Permanent Impairment;
3277	the Snellen Charts, published by American Medical Association
3278	Committee for Eye Injuries; and the Minnesota Department of
3279	Labor and Industry Disability Schedules. The schedule must
3280	shouldbe based upon objective findings. The schedule shall be
3281	more comprehensive than the AMA Guides to the Evaluation of
3282	Permanent Impairment and shall expand the areas already
3283	addressed and address additional areas not currently contained
3284	in the guides. On August 1, 1979, and pending the adoption, by
3285	rule, of a permanent schedule, Guides to the Evaluation of
3286	Permanent Impairment, copyright 1977, 1971, 1988, by the
3287	American Medical Association, shall be the temporary schedule
3288	and shall be used for the purposes hereof. For injuries after
3289	July 1, 1990, pending the adoption by rule of a uniform
3290	disability rating agency schedule, the Minnesota Department of
3291	Labor and Industry Disability Schedule shall be used unless that
3292	schedule does not address an injury. In such case, the Guides to
3293	the Evaluation of Permanent Impairment by the American Medical
3294	Association shall be used. Determination of permanent impairment
3295	under this schedule must be made by a physician licensed under
3296	chapter 458, a doctor of osteopathic medicine licensed under
3297	chapters 458 and 459, a chiropractic physician licensed under
3298	chapter 460, a podiatric physician licensed under chapter 461,
3299	an optometrist licensed under chapter 463, or a dentist licensed
3300	under chapter 466, as appropriate considering the nature of the
3301	injury. No other persons are authorized to render opinions
3302	regarding the existence of or the extent of permanent
3303	impairment.
3304	(c)3.All impairment income benefits shall be based on an
3305	impairment rating using the impairment schedule referred to in
3306	paragraph (b)subparagraph 2. Impairment income benefits are
3307	paid biweeklyweekly at the rate of 7550percent of the
3308	employee's average weekly temporary total disability benefit not
3309	to exceed the maximum weekly benefit under s. 440.12; provided,
3310	however, that such benefits shall be reduced by 50 percent for
3311	each week in which the employee has earned income equal to or in
3312	excess of the employee's average weekly wage. An employee's
3313	entitlement to impairment income benefits begins the day after
3314	the employee reaches maximum medical improvement or the
3315	expiration of temporary benefits, whichever occurs earlier, and
3316	continues until the earlier of:
3317	1.a.The expiration of a period computed at the rate of 3
3318	weeks for each percentage point of impairment; or
3319	2.b.The death of the employee.
3320
3321	Impairment income benefits as defined by this subsection are
3322	payable only for impairment ratings for physical impairments. If
3323	objective medical findings can substantiate a permanent
3324	psychiatric impairment resulting from the accident, permanent
3325	impairment benefits are limited for the permanent psychiatric
3326	impairment to 1-percent permanent impairment.
3327	(d)4.After the employee has been certified by a doctor as
3328	having reached maximum medical improvement or 6 weeks before the
3329	expiration of temporary benefits, whichever occurs earlier, the
3330	certifying doctor shall evaluate the condition of the employee
3331	and assign an impairment rating, using the impairment schedule
3332	referred to in paragraph (b)subparagraph 2. Compensation is not
3333	payable for the mental, psychological, or emotional injury
3334	arising out of depression from being out of work.If the
3335	certification and evaluation are performed by a doctor other
3336	than the employee's treating doctor, the certification and
3337	evaluation must be submitted to the treating doctor, the
3338	employee, and the carrier within 10 days after the evaluation.
3339	and The treating doctor must indicate to the carrieragreement
3340	or disagreement with the other doctor'scertification and
3341	evaluation.
3342	1.The certifying doctor shall issue a written report to
3343	the department, the employee,and the carrier certifying that
3344	maximum medical improvement has been reached, stating the
3345	impairment rating to the body as a whole, and providing any
3346	other information required by the department by rule. The
3347	carrier shall establish an overall maximum medical improvement
3348	date and permanent impairment rating, based upon all such
3349	reports.
3350	2. Within 14 days after the carrier's knowledge of each
3351	maximum medical improvement date and impairment rating to the
3352	body as a whole upon which the carrier is paying benefits, the
3353	carrier shall report such maximum medical improvement date and,
3354	when determined, the overall maximum medical improvement date
3355	and associated impairment rating to the department in a format
3356	as set forth in department rule.If the employee has not been
3357	certified as having reached maximum medical improvement before
3358	the expiration of 98102 weeks after the date temporary total
3359	disability benefits begin to accrue, the carrier shall notify
3360	the treating doctor of the requirements of this section.
3361	(e)5. The carrier shall pay the employee impairment income
3362	benefits for a period based on the impairment rating.
3363	(f)6. The department may by rule specify forms and
3364	procedures governing the method of payment of wage loss and
3365	impairment benefits under this sectionfor dates of accidents
3366	before January 1, 1994, and for dates of accidents on or after
3367	January 1, 1994.
3368	(b) Supplemental benefits.--
3369	1. All supplemental benefits must be paid in accordance
3370	with this subsection. An employee is entitled to supplemental
3371	benefits as provided in this paragraph as of the expiration of
3372	the impairment period, if:
3373	a. The employee has an impairment rating from the
3374	compensable injury of 20 percent or more as determined pursuant
3375	to this chapter;
3376	b. The employee has not returned to work or has returned
3377	to work earning less than 80 percent of the employee's average
3378	weekly wage as a direct result of the employee's impairment; and
3379	c. The employee has in good faith attempted to obtain
3380	employment commensurate with the employee's ability to work.
3381	2. If an employee is not entitled to supplemental benefits
3382	at the time of payment of the final weekly impairment income
3383	benefit because the employee is earning at least 80 percent of
3384	the employee's average weekly wage, the employee may become
3385	entitled to supplemental benefits at any time within 1 year
3386	after the impairment income benefit period ends if:
3387	a. The employee earns wages that are less than 80 percent
3388	of the employee's average weekly wage for a period of at least
3389	90 days;
3390	b. The employee meets the other requirements of
3391	subparagraph 1.; and
3392	c. The employee's decrease in earnings is a direct result
3393	of the employee's impairment from the compensable injury.
3394	3. If an employee earns wages that are at least 80 percent
3395	of the employee's average weekly wage for a period of at least
3396	90 days during which the employee is receiving supplemental
3397	benefits, the employee ceases to be entitled to supplemental
3398	benefits for the filing period. Supplemental benefits that have
3399	been terminated shall be reinstated when the employee satisfies
3400	the conditions enumerated in subparagraph 2. and files the
3401	statement required under subparagraph 4. Notwithstanding any
3402	other provision, if an employee is not entitled to supplemental
3403	benefits for 12 consecutive months, the employee ceases to be
3404	entitled to any additional income benefits for the compensable
3405	injury. If the employee is discharged within 12 months after
3406	losing entitlement under this subsection, benefits may be
3407	reinstated if the employee was discharged at that time with the
3408	intent to deprive the employee of supplemental benefits.
3409	4. After the initial determination of supplemental
3410	benefits, the employee must file a statement with the carrier
3411	stating that the employee has earned less than 80 percent of the
3412	employee's average weekly wage as a direct result of the
3413	employee's impairment, stating the amount of wages the employee
3414	earned in the filing period, and stating that the employee has
3415	in good faith sought employment commensurate with the employee's
3416	ability to work. The statement must be filed quarterly on a form
3417	and in the manner prescribed by the department. The department
3418	may modify the filing period as appropriate to an individual
3419	case. Failure to file a statement relieves the carrier of
3420	liability for supplemental benefits for the period during which
3421	a statement is not filed.
3422	5. The carrier shall begin payment of supplemental
3423	benefits not later than the seventh day after the expiration
3424	date of the impairment income benefit period and shall continue
3425	to timely pay those benefits. The carrier may request a
3426	mediation conference for the purpose of contesting the
3427	employee's entitlement to or the amount of supplemental income
3428	benefits.
3429	6. Supplemental benefits are calculated quarterly and paid
3430	monthly. For purposes of calculating supplemental benefits, 80
3431	percent of the employee's average weekly wage and the average
3432	wages the employee has earned per week are compared quarterly.
3433	For purposes of this paragraph, if the employee is offered a
3434	bona fide position of employment that the employee is capable of
3435	performing, given the physical condition of the employee and the
3436	geographic accessibility of the position, the employee's weekly
3437	wages are considered equivalent to the weekly wages for the
3438	position offered to the employee.
3439	7. Supplemental benefits are payable at the rate of 80
3440	percent of the difference between 80 percent of the employee's
3441	average weekly wage determined pursuant to s. 440.14 and the
3442	weekly wages the employee has earned during the reporting
3443	period, not to exceed the maximum weekly income benefit under s.
3444	440.12.
3445	8. The department may by rule define terms that are
3446	necessary for the administration of this section and forms and
3447	procedures governing the method of payment of supplemental
3448	benefits for dates of accidents before January 1, 1994, and for
3449	dates of accidents on or after January 1, 1994.
3450	(c) Duration of temporary impairment and supplemental
3451	income benefits.--The employee's eligibility for temporary
3452	benefits, impairment income benefits, and supplemental benefits
3453	terminates on the expiration of 401 weeks after the date of
3454	injury.
3455	(g) Notwithstanding paragraph (c), for accidents occurring
3456	on or after October 1, 2003, an employee's entitlement to
3457	impairment income benefits begins the day after the employee
3458	reaches maximum medical improvement or the expiration of
3459	temporary benefits, whichever occurs earlier, and continues for
3460	the following periods:
3461	1. Two weeks of benefits are to be paid to the employee
3462	for each percentage point of impairment from 1 percent up to and
3463	including 10 percent.
3464	2. For each percentage point of impairment from 11 percent
3465	up to and including 15 percent, 3 weeks of benefits are to be
3466	paid.
3467	3. For each percentage point of impairment from 16 percent
3468	up to and including 20 percent, 4 weeks of benefits are to be
3469	paid.
3470	4. For each percentage point of impairment from 21 percent
3471	and higher, 6 weeks of benefits are to be paid.
3472	(4) TEMPORARY PARTIAL DISABILITY.--
3473	(a) Subject to subsection (7),in case of temporary
3474	partial disability, compensation shall be equal to 80 percent of
3475	the difference between 80 percent of the employee's average
3476	weekly wage and the salary, wages, and other remuneration the
3477	employee is able to earn post injury, as compared weekly;
3478	however, the weekly temporary partial disabilitybenefits may
3479	not exceed an amount equal to 66 2/3 percent of the employee's
3480	average weekly wage at the time of accidentinjury. In order to
3481	simplify the comparison of the preinjury average weekly wage
3482	with the salary, wages, and other remuneration the employee is
3483	able to earn post injury, the department may by rule provide for
3484	payment of the initial installment of temporary partial
3485	disability benefits to be paid as a partial week so that payment
3486	for remaining weeks of temporary partial disability canthe
3487	modification of the weekly comparison so as tocoincide as
3488	closely as possible with the post injury employer's work week
3489	injured worker's pay periods. The amount determined to be the
3490	salary, wages, and other remuneration the employee is able to
3491	earn shall in no case be less than the sum actually being earned
3492	by the employee, including earnings from sheltered employment.
3493	Benefits shall be payable under this subsection only if overall
3494	maximum medical improvement has not been reached and the medical
3495	conditions resulting from the accident create restrictions on
3496	the injured employee's ability to return to work.
3497	(b) Within 5 business days after the carrier's knowledge
3498	of the employee's release to restricted work, the carrier shall
3499	mail to the employee and employer an informational letter,
3500	adopted by department rule, explaining the employee's possible
3501	eligibility and responsibilities for temporary partial
3502	disability benefits.
3503	(c) When an employee returns to work with the restrictions
3504	resulting from the accident and is earning wages less than 80
3505	percent of the preinjury average weekly wage, the first
3506	installment of temporary partial disability benefits is due 7
3507	days after the last date of the post injury employer's first
3508	biweekly work week. Thereafter, payment for temporary partial
3509	benefits shall be paid biweekly no later than the 7th day
3510	following the last day of each biweekly work week.
3511	(d) If the employee is unable to return to work with the
3512	restrictions resulting from the accident and is not earning
3513	wages, salary, or other remuneration, temporary partial
3514	disability benefits shall be paid no later than the last day of
3515	each biweekly period. The employee shall notify the carrier
3516	within 5 business days after returning to work. Failure to
3517	notify the carrier of the establishment of an earning capacity
3518	in the required time shall result in a suspension or nonpayment
3519	of temporary partial disability benefits until the proper
3520	notification is provided.
3521	(e)(b)Such benefits shall be paid during the continuance
3522	of such disability, not to exceed a period of 104 weeks, as
3523	provided by this subsection and subsection (2). Once the injured
3524	employee reaches the maximum number of weeks, temporary
3525	disability benefits cease and the injured worker's permanent
3526	impairment must be determined. If the employee is terminated
3527	from post injury employment based on the employee's misconduct,
3528	temporary partial disability benefits are not payable as
3529	provided for in this section. The department shallmayby rule
3530	specify forms and procedures governing the method and time for
3531	ofpayment of temporary disability benefits for dates of
3532	accidents before January 1, 1994, and for dates of accidents on
3533	or after January 1, 1994.
3534	(5) SUBSEQUENT INJURY.--
3535	(a) The fact that an employee has suffered previous
3536	disability, impairment, anomaly, or disease, or received
3537	compensation therefor, shall not preclude her or him from
3538	benefits, as specified in paragraph (b),for a subsequent
3539	aggravation or acceleration of the preexisting condition ornor
3540	preclude benefits for death resulting therefrom, except that no
3541	benefits shall be payable if the employee, at the time of
3542	entering into the employment of the employer by whom the
3543	benefits would otherwise be payable, falsely represents herself
3544	or himself in writing as not having previously been disabled or
3545	compensated because of such previous disability, impairment,
3546	anomaly, or disease and the employer detrimentally relies on the
3547	misrepresentation. Compensation for temporary disability,
3548	medical benefits, and wage-loss benefitsshall not be subject to
3549	apportionment.
3550	(b) If a compensable injury, disability, or need for
3551	medical carepermanent impairment, or any portion thereof, is a
3552	result of aggravation or acceleration of a preexisting
3553	condition, or is the result of merger with a preexisting
3554	condition, only the disabilities and medical treatment
3555	associated with such compensable injury shall be payable under
3556	this chapter, excluding the degree of disability or medical
3557	conditions existing at the time of the impairment rating or at
3558	the time of the accident, regardless of whether the preexisting
3559	condition was disabling at the time of the accident or at the
3560	time of the impairment rating and without considering whether
3561	the preexisting condition would be disabling without the
3562	compensable accidentimpairment, an employee eligible to receive
3563	impairment benefits under paragraph (3)(a) shall receive such
3564	benefits for the total impairment found to result, excluding the
3565	degree of impairment existing at the time of the subject
3566	accident or injury or which would have existed by the time of
3567	the impairment rating without the intervention of the
3568	compensable accident or injury. The degree of permanent
3569	impairment or disabilityattributable to the accident or injury
3570	shall be compensated in accordance with this section,
3571	apportioning out the preexisting condition based on the
3572	anatomical impairment rating attributable to the preexisting
3573	condition. Medical benefits shall be paid apportioning out the
3574	percentage of the need for such care attributable to the
3575	preexisting conditionparagraph (3)(a). As used in this
3576	paragraph, "merger" means the combining of a preexisting
3577	permanent impairment or disabilitywith a subsequent compensable
3578	permanent impairment or disabilitywhich, when the effects of
3579	both are considered together, result in a permanent impairment
3580	or disabilityrating which is greater than the sum of the two
3581	permanent impairment or disability ratings when each impairment
3582	or disability is considered individually.
3583	(6) OBLIGATION TO REHIRE.--If the employer has not in good
3584	faith made available to the employee, within a 100-mile radius
3585	of the employee's residence, work appropriate to the employee's
3586	physical limitations within 30 days after the carrier notifies
3587	the employer of maximum medical improvement and the employee's
3588	physical limitations, the employer shall pay to the department
3589	for deposit into the Workers' Compensation Administration Trust
3590	Fund a fine of $250 for every $5,000 of the employer's workers'
3591	compensation premium or payroll, not to exceed $2,000 per
3592	violation, as the department requires by rule. The employer is
3593	not subject to this subsection if the employee is receiving
3594	permanent total disability benefits or if the employer has 50 or
3595	fewer employees.
3596	(6)(7)EMPLOYEE REFUSES EMPLOYMENT.--If an injured
3597	employee refuses employment suitable to the capacity thereof,
3598	offered to or procured therefor, such employee shall not be
3599	entitled to any compensation at any time during the continuance
3600	of such refusal unless at any time in the opinion of the judge
3601	of compensation claims such refusal is justifiable. Time periods
3602	for the payment of benefits in accordance with this section
3603	shall be counted in determining the limitation of benefits as
3604	provided for in paragraphs (2)(a), (3)(c), and (4)(b).
3605	(7)(8)EMPLOYEE LEAVES EMPLOYMENT.--If an injured
3606	employee, when receiving compensation for temporary partial
3607	disability, leaves the employment of the employer by whom she or
3608	he was employed at the time of the accident for which such
3609	compensation is being paid, the employee shall, upon securing
3610	employment elsewhere, give to such former employer an affidavit
3611	in writing containing the name of her or his new employer, the
3612	place of employment, and the amount of wages being received at
3613	such new employment; and, until she or he gives such affidavit,
3614	the compensation for temporary partial disability will cease.
3615	The employer by whom such employee was employed at the time of
3616	the accident for which such compensation is being paid may also
3617	at any time demand of such employee an additional affidavit in
3618	writing containing the name of her or his employer, the place of
3619	her or his employment, and the amount of wages she or he is
3620	receiving; and if the employee, upon such demand, fails or
3621	refuses to make and furnish such affidavit, her or his right to
3622	compensation for temporary partial disability shall cease until
3623	such affidavit is made and furnished. If the employee leaves her
3624	or his employment while receiving temporary partial benefits
3625	without just cause as determined by the judge of compensation
3626	claims, temporary partial benefits shall be payable based on the
3627	deemed earnings of the employee as if she or he had remained
3628	employed.
3629	(8)(9)EMPLOYEE BECOMES INMATE OF INSTITUTION.--In case an
3630	employee becomes an inmate of a public institution, then no
3631	compensation shall be payable unless she or he has dependent
3632	upon her or him for support a person or persons defined as
3633	dependents elsewhere in this chapter, whose dependency shall be
3634	determined as if the employee were deceased and to whom
3635	compensation would be paid in case of death; and such
3636	compensation as is due such employee shall be paid such
3637	dependents during the time she or he remains such inmate.
3638	(9)(10)EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
3639	AND FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.--
3640	(a) Weekly compensation benefits payable under this
3641	chapter for disability resulting from injuries to an employee
3642	who becomes eligible for benefits under 42 U.S.C. s. 423 shall
3643	be reduced to an amount whereby the sum of such compensation
3644	benefits payable under this chapter and such total benefits
3645	otherwise payable for such period to the employee and her or his
3646	dependents, had such employee not been entitled to benefits
3647	under this chapter, under 42 U.S.C. ss. 402 and 423, does not
3648	exceed 80 percent of the employee's average weekly wage.
3649	However, this provision shall not operate to reduce an injured
3650	worker's benefits under this chapter to a greater extent than
3651	such benefits would have otherwise been reduced under 42 U.S.C.
3652	s. 424(a). This reduction of compensation benefits is not
3653	applicable to any compensation benefits payable for any week
3654	subsequent to the week in which the injured worker reaches the
3655	age of 62 years.
3656	(b) If the provisions of 42 U.S.C. s. 424(a) are amended
3657	to provide for a reduction or increase of the percentage of
3658	average current earnings that the sum of compensation benefits
3659	payable under this chapter and the benefits payable under 42
3660	U.S.C. ss. 402 and 423 can equal, the amount of the reduction of
3661	benefits provided in this subsection shall be reduced or
3662	increased accordingly. The department may by rule specify forms
3663	and procedures governing the method for calculating and
3664	administering the offset of benefits payable under this chapter
3665	and benefits payable under 42 U.S.C. ss. 402 and 423. The
3666	department shall have first priority in taking any available
3667	social security offsets on dates of accidents occurring before
3668	July 1, 1984.
3669	(c) No disability compensation benefits payable for any
3670	week, including those benefits provided by paragraph (1)(f),
3671	shall be reduced pursuant to this subsection until the Social
3672	Security Administration determines the amount otherwise payable
3673	to the employee under 42 U.S.C. ss. 402 and 423 and the employee
3674	has begun receiving such social security benefit payments. The
3675	employee shall, upon demand by the department, the employer, or
3676	the carrier, authorize the Social Security Administration to
3677	release disability information relating to her or him and
3678	authorize the Division of Unemployment Compensation to release
3679	unemployment compensation information relating to her or him, in
3680	accordance with rules to be adopted by the department
3681	prescribing the procedure and manner for requesting the
3682	authorization and for compliance by the employee. Neither the
3683	department nor the employer or carrier shall make any payment of
3684	benefits for total disability or those additional benefits
3685	provided by paragraph (1)(f) for any period during which the
3686	employee willfully fails or refuses to authorize the release of
3687	information in the manner and within the time prescribed by such
3688	rules. The authority for release of disability information
3689	granted by an employee under this paragraph shall be effective
3690	for a period not to exceed 12 months, such authority to be
3691	renewable as the department may prescribe by rule.
3692	(d) If compensation benefits are reduced pursuant to this
3693	subsection, the minimum compensation provisions of s. 440.12(2)
3694	do not apply.
3695	(10)(11)EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
3696	WHO HAS RECEIVED OR IS ENTITLED TO RECEIVE UNEMPLOYMENT
3697	COMPENSATION.--
3698	(a) No compensation benefits shall be payable for
3699	temporary total disability or permanent total disability under
3700	this chapter for any week in which the injured employee has
3701	received, or is receiving, unemployment compensation benefits.
3702	(b) If an employee is entitled to temporary partial
3703	benefits pursuant to subsection (4) and unemployment
3704	compensation benefits, such unemployment compensation benefits
3705	shall be primary and the temporary partial benefits shall be
3706	supplemental only, the sum of the two benefits not to exceed the
3707	amount of temporary partial benefits which would otherwise be
3708	payable.
3709	(11)(12)FULL-PAY STATUS FOR CERTAIN LAW ENFORCEMENT
3710	OFFICERS.--Any law enforcement officer as defined in s.
3711	943.10(1), (2), or (3) who, while acting within the course of
3712	employment as provided by s. 440.091, is maliciously or
3713	intentionally injured and who thereby sustains a job-connected
3714	disability compensable under this chapter shall be carried in
3715	full-pay status rather than being required to use sick, annual,
3716	or other leave. Full-pay status shall be granted only after
3717	submission to the employing agency's head of a medical report
3718	which gives a current diagnosis of the employee's recovery and
3719	ability to return to work. In no case shall the employee's
3720	salary and workers' compensation benefits exceed the amount of
3721	the employee's regular salary requirements.
3722	(12)(13)REPAYMENT.--If an employee has received a sum as
3723	an indemnity benefit under any classification or category of
3724	benefit under this chapter to which she or he is not entitled,
3725	the employee is liable to repay that sum to the employer or the
3726	carrier or to have that sum deducted from future benefits,
3727	regardless of the classification of benefits, payable to the
3728	employee under this chapter; however, a partial payment of the
3729	total repayment may not exceed 20 percent of the amount of the
3730	biweekly payment.
3731	Section 19. Subsections (1), (2), and (3) of section
3732	440.151, Florida Statutes, are amended to read:
3733	440.151 Occupational diseases.--
3734	(1)(a) Where the employer and employee are subject to the
3735	provisions of the Workers' Compensation Law, the disablement or
3736	death of an employee resulting from an occupational disease as
3737	hereinafter defined shall be treated as the happening of an
3738	injury by accident, notwithstanding any other provisions of this
3739	chapter, and the employee or, in case of death, the employee's
3740	dependents shall be entitled to compensation as provided by this
3741	chapter, except as hereinafter otherwise provided; and the
3742	practice and procedure prescribed by this chapter shall apply to
3743	all proceedings under this section, except as hereinafter
3744	otherwise provided. Provided, however, that in no case shall an
3745	employer be liable for compensation under the provisions of this
3746	section unless such disease has resulted from the nature of the
3747	employment in which the employee was engaged under such
3748	employer,and was actually contracted while so engaged, and the
3749	nature of the employment was the major contributing cause of the
3750	disease. Major contributing cause must be shown by medical
3751	evidence only, as demonstrated by physical examination findings
3752	and diagnostic testing.meaning by "Nature of the employment"
3753	means that intothe occupation in which the employee was so
3754	engaged there is attached a particular hazard of such disease
3755	that distinguishes it from the usual run of occupations, or the
3756	incidence of such disease is substantially higher in the
3757	occupation in which the employee was so engaged than in the
3758	usual run of occupations. In claims for death under s. 440.16,
3759	death must occuror, in case of death, unless death follows
3760	continuous disability from such disease, commencing within the
3761	period above limited, for which compensation has been paid or
3762	awarded, or timely claim made as provided in this section, and
3763	results within 350 weeks after such last exposure. Both
3764	causation and sufficient exposure to a specific harmful
3765	substance shown to be present in the workplace to support
3766	causation shall be proven by clear and convincing evidence.
3767	(b) No compensation shall be payable for an occupational
3768	disease if the employee, at the time of entering into the
3769	employment of the employer by whom the compensation would
3770	otherwise be payable, falsely represents herself or himself in
3771	writing as not having previously been disabled, laid off or
3772	compensated in damages or otherwise, because of such disease.
3773	(c) Where an occupational disease is aggravated by any
3774	other disease or infirmity, not itself compensable, or where
3775	disability or death from any other cause, not itself
3776	compensable, is aggravated, prolonged, accelerated or in anywise
3777	contributed to by an occupational disease, the compensation
3778	shall be payable only if the occupational disease is the major
3779	contributing cause of the injury. Any compensationshall be
3780	reduced and limited to such proportion only of the compensation
3781	that would be payable if the occupational disease were the sole
3782	cause of the disability or death as such occupational disease,
3783	as a causative factor, bears to all the causes of such
3784	disability or death, such reduction in compensation to be
3785	effected by reducing the number of weekly or monthly payments or
3786	the amounts of such payments, as under the circumstances of the
3787	particular case may be for the best interest of the claimant or
3788	claimants. Major contributing cause must be demonstrated by
3789	medical evidence based on physical examination findings and
3790	diagnostic testing.
3791	(d) No compensation for death from an occupational disease
3792	shall be payable to any person whose relationship to the
3793	deceased, which under the provisions of this Workers'
3794	Compensation Law would give right to compensation, arose
3795	subsequent to the beginning of the first compensable disability,
3796	save only to afterborn children of a marriage existing at the
3797	beginning of such disability.
3798	(e) No compensation shall be payable for disability or
3799	death resulting from tuberculosis arising out of and in the
3800	course of employment by the Department of Health at a state
3801	tuberculosis hospital, or aggravated by such employment, when
3802	the employee had suffered from said disease at any time prior to
3803	the commencement of such employment.
3804	(2) Whenever used in this section the term "occupational
3805	disease" shall be construed to mean only a disease which is due
3806	to causes and conditions which are characteristic of and
3807	peculiar to a particular trade, occupation, process, or
3808	employment, and to exclude all ordinary diseases of life to
3809	which the general public is exposed, unless the incidence of the
3810	disease is substantially higher in the particular trade,
3811	occupation, process, or employment than for the general public.
3812	"Occupational disease" means only a disease for which there are
3813	epidemiological studies showing that exposure to the specific
3814	substance involved, at the levels to which the employee was
3815	exposed, may cause the precise disease sustained by the
3816	employee.
3817	(3) Except as hereinafterotherwise provided in this
3818	section, "disablement" means disability as described in s.
3819	440.02(13)the event of an employee's becoming actually
3820	incapacitated, partially or totally, because of an occupational
3821	disease, from performing her or his work in the last occupation
3822	in which injuriously exposed to the hazards of such disease; and
3823	"disability" means the state of being so incapacitated.
3824	Section 20. Subsections (1) and (7) of section 440.16,
3825	Florida Statutes, are amended to read:
3826	440.16 Compensation for death.--
3827	(1) If death results from the accident within 1 year
3828	thereafter or follows continuous disability and results from the
3829	accident within 5 years thereafter, the employer shall pay:
3830	(a) Within 14 days after receiving the bill, actual
3831	funeral expenses not to exceed $7,500$5,000.
3832	(b) Compensation, in addition to the above, in the
3833	following percentages of the average weekly wages to the
3834	following persons entitled thereto on account of dependency upon
3835	the deceased, and in the following order of preference, subject
3836	to the limitation provided in subparagraph 2., but such
3837	compensation shall be subject to the limits provided in s.
3838	440.12(2), shall not exceed $150,000$100,000, and may be less
3839	than, but shall not exceed, for all dependents or persons
3840	entitled to compensation, 66 2/3 percent of the average wage:
3841	1. To the spouse, if there is no child, 50 percent of the
3842	average weekly wage, such compensation to cease upon the
3843	spouse's death.
3844	2. To the spouse, if there is a child or children, the
3845	compensation payable under subparagraph 1. and, in addition, 16
3846	2/3 percent on account of the child or children. However, when
3847	the deceased is survived by a spouse and also a child or
3848	children, whether such child or children are the product of the
3849	union existing at the time of death or of a former marriage or
3850	marriages, the judge of compensation claims may provide for the
3851	payment of compensation in such manner as may appear to the
3852	judge of compensation claims just and proper and for the best
3853	interests of the respective parties and, in so doing, may
3854	provide for the entire compensation to be paid exclusively to
3855	the child or children; and, in the case of death of such spouse,
3856	33 1/3 percent for each child. However, upon the surviving
3857	spouse's remarriage, the spouse shall be entitled to a lump-sum
3858	payment equal to 26 weeks of compensation at the rate of 50
3859	percent of the average weekly wage as provided in s. 440.12(2),
3860	unless the $150,000$100,000limit provided in this paragraph is
3861	exceeded, in which case the surviving spouse shall receive a
3862	lump-sum payment equal to the remaining available benefits in
3863	lieu of any further indemnity benefits. In no case shall a
3864	surviving spouse's acceptance of a lump-sum payment affect
3865	payment of death benefits to other dependents.
3866	3. To the child or children, if there is no spouse, 33 1/3
3867	percent for each child.
3868	4. To the parents, 25 percent to each, such compensation
3869	to be paid during the continuance of dependency.
3870	5. To the brothers, sisters, and grandchildren, 15 percent
3871	for each brother, sister, or grandchild.
3872	(c) To the surviving spouse, payment of postsecondary
3873	student fees for instruction at any area technical center
3874	established under s. 1001.44 for up to 1,800 classroom hours or
3875	payment of student fees at any community college established
3876	under part III of chapter 1004 for up to 80 semester hours. The
3877	spouse of a deceased state employee shall be entitled to a full
3878	waiver of such fees as provided in ss. 1009.22 and 1009.23 in
3879	lieu of the payment of such fees. The benefits provided for in
3880	this paragraph shall be in addition to other benefits provided
3881	for in this section and shall terminate 7 years after the death
3882	of the deceased employee, or when the total payment in eligible
3883	compensation under paragraph (b) has been received. To qualify
3884	for the educational benefit under this paragraph, the spouse
3885	shall be required to meet and maintain the regular admission
3886	requirements of, and be registered at, such area technical
3887	center or community college, and make satisfactory academic
3888	progress as defined by the educational institution in which the
3889	student is enrolled.
3890	(7) Compensation under this chapter to aliens not
3891	residents (or about to become nonresidents) of the United States
3892	or Canada shall be the same in amount as provided for residents,
3893	except that dependents in any foreign country shall be limited
3894	to surviving spouse and child or children, or if there be no
3895	surviving spouse or child or children, to surviving father or
3896	mother whom the employee has supported, either wholly or in
3897	part, for the period of 1 year prior to the date of the injury,
3898	and except that the judge of compensation claims may, at the
3899	option of the judge of compensation claims, or upon the
3900	application of the insurance carrier, commute all future
3901	installments of compensation to be paid to such aliens by paying
3902	or causing to be paid to them one-half of the commuted amount of
3903	such future installments of compensation as determined by the
3904	judge of compensation claims, and provided further that
3905	compensation to dependents referred to in this subsection shall
3906	in no case exceed $75,000$50,000.
3907	Section 21. Subsection (9) of section 440.185, Florida
3908	Statutes, is amended, and subsection (12) is added to said
3909	section, to read:
3910	440.185 Notice of injury or death; reports; penalties for
3911	violations.--
3912	(9) Any employer or carrier who fails or refuses to timely
3913	send any form, report, or notice required by this section shall
3914	be subject to an administrative fine by the departmenta civil
3915	penalty not to exceed $1,000$500for each such failure or
3916	refusal. If, within 1 calendar year, an employer fails to timely
3917	submit to the carrier more than 10 percent of its notices of
3918	injury or death, the employer shall be subject to an
3919	administrative fine by the department not to exceed $2,000 for
3920	each such failure or refusal.However, any employer who fails to
3921	notify the carrier of the injury on the prescribed form or by
3922	letter within the 7 days required in subsection (2) shall be
3923	liable for the administrative finecivil penalty, which shall be
3924	paid by the employer and not the carrier. Failure by the
3925	employer to meet its obligations under subsection (2) shall not
3926	relieve the carrier from liability for the administrative fine
3927	civil penaltyif it fails to comply with subsections (4) and
3928	(5).
3929	(12) Upon receiving notice of an injury from an employee
3930	under subsection (1), the employer or carrier shall provide the
3931	employee with a written notice, in the form and manner
3932	determined by the department by rule, of the availability of
3933	services from the Employee Assistance and Ombudsman Office. The
3934	substance of the notice to the employee shall include:
3935	(a) A description of the scope of services provided by the
3936	office.
3937	(b) A listing of the toll-free telephone number of, the
3938	email address, and the postal address of the office.
3939	(c) A statement that the informational brochure referred
3940	to in subsection (4) will be mailed to the employee within 3
3941	days after the carrier receives notice of the injury.
3942	(d) Any other information regarding access to assistance
3943	that the department finds is immediately necessary for an
3944	injured employee.
3945	Section 22. Subsections (1) and (2) of section 440.192,
3946	Florida Statutes, are amended, and subsection (9) is added to
3947	said section, to read:
3948	440.192 Procedure for resolving benefit disputes.—
3949	(1) Subject to s. 440.191, Any employee may, for any
3950	benefit that is ripe, due, and owing,who has not received a
3951	benefit to which the employee believes she or he is entitled
3952	under this chapter shallfile by certified mail, or by
3953	electronic means approved by the Deputy Chief Judge, with the
3954	Office of the Judges of Compensation Claims a petition for
3955	benefits which meets the requirements of this section and the
3956	definition of specificity in s. 440.02. The department shall
3957	inform employees of the location of the Office of the Judges of
3958	Compensation Claims for purposes of filing a petition for
3959	benefits. The employee shall also serve copies of the petition
3960	for benefits by certified mail, or by electronic means approved
3961	by the Deputy Chief Judge, upon the employer and the employer's
3962	carrier. The DeputyChief Judge shall refer the petitions to the
3963	judges of compensation claims.
3964	(2) Upon receipt, the Office of the Judges of Compensation
3965	Claims shall review each petition and shall dismiss each
3966	petition or any portion of such a petition, upon the judge's own
3967	motion or upon the motion of any party,that does not on its
3968	face specifically identify or itemize the following:
3969	(a) Name, address, telephone number, and social security
3970	number of the employee.
3971	(b) Name, address, and telephone number of the employer.
3972	(c) A detailed description of the injury and cause of the
3973	injury, including the location of the occurrence and the date or
3974	dates of the accident.
3975	(d) A detailed description of the employee's job, work
3976	responsibilities, and work the employee was performing when the
3977	injury occurred.
3978	(e) The time period for which compensation and the
3979	specific classification of compensation were not timely
3980	provided.
3981	(f) Date of maximum medical improvement, character of
3982	disability, and specific statement of all benefits or
3983	compensation that the employee is seeking.
3984	(g) All specific travel costs to which the employee
3985	believes she or he is entitled, including dates of travel and
3986	purpose of travel, means of transportation, and mileage and
3987	including the date the request for mileage was filed with the
3988	carrier and a copy of the request filed with the carrier.
3989	(h) Specific listing of all medical charges alleged
3990	unpaid, including the name and address of the medical provider,
3991	the amounts due, and the specific dates of treatment.
3992	(i) The type or nature of treatment care or attendance
3993	sought and the justification for such treatment. If the employee
3994	is under the care of a physician for an injury identified under
3995	paragraph (c), a copy of the physician's request, authorization,
3996	or recommendation for treatment, care, or attendance must
3997	accompany the petition.
3998	(j) Specific explanation of any other disputed issue that
3999	a judge of compensation claims will be called to rule upon.
4000
4001	The dismissal of any petition or portion of such a petition
4002	under this section is without prejudice and does not require a
4003	hearing.
4004	(9) A petition for benefits must contain claims for all
4005	benefits that are ripe, due, and owing on the date the petition
4006	is filed. Unless stipulated in writing by the parties, only
4007	claims which have been properly raised in a petition for
4008	benefits and have undergone mediation may be considered for
4009	adjudication by a judge of compensation claims.
4010	Section 23. Section 440.1926, Florida Statutes, is created
4011	to read:
4012	440.1926 Alternate dispute resolution; claim
4013	arbitration.--Notwithstanding any other provision of this
4014	chapter, the employer, carrier, and employee may mutually agree
4015	to seek consent from a judge of compensation claims to enter
4016	into binding claim arbitration in lieu of any other remedy
4017	provided for in this chapter to resolve all issues in dispute
4018	regarding an injury. Arbitrations agreed to pursuant to this
4019	section shall be governed by chapter 682, the Florida
4020	Arbitration Code, except that, notwithstanding any provision in
4021	chapter 682, the term "court" shall mean a judge of compensation
4022	claims. An arbitration award in accordance with this section
4023	shall be enforceable in the same manner and with the same powers
4024	as any final compensation order.
4025	Section 24. Subsections (2), (3), (4), (6), and (8) and
4026	paragraph (d) of subsection (11) of section 440.20, Florida
4027	Statutes, are amended to read:
4028	440.20 Time for payment of compensation and medical bills;
4029	penalties for late payment.--
4030	(2)(a)The carrier must pay the first installment of
4031	compensation for total disability or death benefitsor deny
4032	compensability no later than the 14th calendarday after the
4033	employer receives notificationnotice of the injury or death,
4034	when disability is immediate and continuous for 8 calendar days
4035	or more after the injury. If the first 7 days after disability
4036	are nonconsecutive or delayed, the first installment of
4037	compensation is due on the 6th day after the first 8 calendar
4038	days of disability. The carrier shall thereafter pay
4039	compensation in biweekly installments or as otherwise provided
4040	in s. 440.15, unless the judge of compensation claims determines
4041	or the parties agree that an alternate installment schedule is
4042	in the best interests of the employee.
4043	(b) The carrier must pay, disallow, or deny all medical,
4044	dental, pharmacy, and hospital bills submitted to the carrier in
4045	accordance with department rule no later than 45 calendar days
4046	after the carrier's receipt of the bill.
4047	(3) Upon making initial payment of indemnity benefits, or
4048	upon suspension or cessation of payment for any reason, the
4049	carrier shall immediately notify the injured employee, the
4050	employer, and thedepartment that it has commenced, suspended,
4051	or ceased payment of compensation. The department may require
4052	such notification to the injured employee, employer, and the
4053	department in aanyformat and manner it deems necessary to
4054	obtain accurate and timely notificationreporting.
4055	(4) If the carrier is uncertain of its obligation to
4056	provide all benefits or compensation, it may initiate payment
4057	without prejudice and without admitting liability. the carrier
4058	shall immediately and in good faith commence investigation of
4059	the employee's entitlement to benefits under this chapter and
4060	shall admit or deny compensability within 120 days after the
4061	initial provision of compensation or benefits as required under
4062	subsection (2) or s. 440.192(8). Additionally, the carrier shall
4063	initiate payment and continue the provision of all benefits and
4064	compensation as if the claim had been accepted as compensable,
4065	without prejudice and without admitting liability.Upon
4066	commencement of payment as required under subsection (2) or s.
4067	440.192 (8), the carrier shall provide written notice to the
4068	employee that it has elected to pay all or part ofthe claim
4069	pending further investigation, and that it will advise the
4070	employee of claim acceptance or denial within 120 days. A
4071	carrier that fails to deny compensability within 120 days after
4072	the initial provision of benefits or payment of compensation as
4073	required under subsection (2) or s. 440.192(8) waives the right
4074	to deny compensability, unless the carrier can establish
4075	material facts relevant to the issue of compensability that it
4076	could not have discovered through reasonable investigation
4077	within the 120-day period. The initial provision of compensation
4078	or benefits, for purposes of this subsection, means the first
4079	installment of compensation or benefits to be paid by the
4080	carrier under subsection (2) or pursuant to a petition for
4081	benefits under s. 440.192(8).
4082	(6)(a)If any installment of compensation for death or
4083	dependency benefits, or compensation for disability benefits,
4084	permanent impairment, or wage losspayable without an award is
4085	not paid within 7 days after it becomes due, as provided in
4086	subsection (2), subsection (3), or subsection (4), there shall
4087	be added to such unpaid installment a punitivepenalty of an
4088	amount equal to 20 percent of the unpaid installment or $5,
4089	which shall be paid at the same time as, but in addition to,
4090	such installment of compensation. This penalty shall not apply
4091	for late payments resulting, unless notice is filed under
4092	subsection (4) or unless such nonpayment resultsfrom conditions
4093	over which the employer or carrier had no control. When any
4094	installment of compensation payable without an award has not
4095	been paid within 7 days after it became due and the claimant
4096	concludes the prosecution of the claim before a judge of
4097	compensation claims without having specifically claimed
4098	additional compensation in the nature of a penalty under this
4099	section, the claimant will be deemed to have acknowledged that,
4100	owing to conditions over which the employer or carrier had no
4101	control, such installment could not be paid within the period
4102	prescribed for payment and to have waived the right to claim
4103	such penalty. However, during the course of a hearing, the judge
4104	of compensation claims shall on her or his own motion raise the
4105	question of whether such penalty should be awarded or excused.
4106	The department may assess without a hearing the punitivepenalty
4107	against either the employer or the insurancecarrier, depending
4108	upon who was at fault in causing the delay. The insurance policy
4109	cannot provide that this sum will be paid by the carrier if the
4110	department or the judge of compensation claims determines that
4111	the punitive penalty should be paidmadeby the employer rather
4112	than the carrier. Any additional installment of compensation
4113	paid by the carrier pursuant to this section shall be paid
4114	directly to the employee by check or, if authorized by the
4115	employee, by direct deposit into the employee's account at a
4116	financial institution. As used in this subsection, the term
4117	"financial institution" means a financial institution as defined
4118	in s. 655.005(1)(h).
4119	(b) For medical services provided on or after January 1,
4120	2004, the department shall require that all medical, hospital,
4121	pharmacy, or dental bills properly submitted by the provider,
4122	except for bills that are disallowed or denied by the carrier or
4123	its authorized vendor in accordance with department rule, are
4124	timely paid within 45 calendar days after the carrier's receipt
4125	of the bill. The department shall impose penalties for late
4126	payments or disallowances or denials of medical, hospital,
4127	pharmacy, or dental bills that are below a minimum 95 percent
4128	timely performance standard. The carrier shall pay to the
4129	Workers' Compensation Administration Trust Fund a penalty of:
4130	1. Twenty-five dollars for each bill below the 95 percent
4131	timely performance standard, but meeting a 90 percent timely
4132	standard.
4133	2. Fifty dollars for each bill below a 90 percent timely
4134	performance standard.
4135	(8)(a)In addition to any other penalties provided by this
4136	chapter for late payment, if any installment of compensation is
4137	not paid when it becomes due, the employer, carrier, or
4138	servicing agent shall pay interest thereon at the rate of 12
4139	percent per year from the date the installment becomes due until
4140	it is paid, whether such installment is payable without an order
4141	or under the terms of an order. The interest payment shall be
4142	the greater of the amount of interest due or $5.
4143	(a) Within 30 days after final payment of compensation has
4144	been made, the employer, carrier, or servicing agent shall send
4145	to the department a notice, in accordance with a format and
4146	manner prescribed by the department, stating that such final
4147	payment has been made and stating the total amount of
4148	compensation paid, the name of the employee and of any other
4149	person to whom compensation has been paid, the date of the
4150	injury or death, and the date to which compensation has been
4151	paid.
4152	(b) If the employer, carrier, or servicing agent fails to
4153	so notify the department within such time, the department shall
4154	assess against such employer, carrier, or servicing agent a
4155	civil penalty in an amount not over $100.
4156	(b)(c)In order to ensure carrier compliance under this
4157	chapter and provisions of the Florida Insurance Code, the office
4158	department shall monitor, audit, and investigatethe performance
4159	of carriers by conducting market conduct examinations, as
4160	provided in s. 624.3161, and conducting investigations, as
4161	provided in s. 624.317. The officedepartment shall require
4162	establish by rule minimum performance standards for carriers to
4163	ensure that a minimum of 90 percent ofall compensation benefits
4164	are timely paid in accordance with this section. The office
4165	department shall impose penaltiesfine a carrier as provided in
4166	s. 440.13(11)(b) up to $50 for each late paymentspaymentof
4167	compensation that areis below athe minimum 9590 percent
4168	timely payment performance standard. The carrier shall pay to
4169	the Workers' Compensation Administration Trust Fund a penalty
4170	of:
4171	1. Fifty dollars per number of installments of
4172	compensation below the 95 percent timely payment performance
4173	standard and equal to or greater than a 90 percent timely
4174	payment performance standard.
4175	2. One hundred dollars per number of installments of
4176	compensation below a 90 percent timely payment performance
4177	standard.
4178
4179	This section does not affect the imposition of any penalties or
4180	interest due to the claimant. If a carrier contracts with a
4181	servicing agent to fulfill its administrative responsibilities
4182	under this chapter, the payment practices of the servicing agent
4183	are deemed the payment practices of the carrier for the purpose
4184	of assessing penalties against the carrier.
4185	(11)
4186	(d)1. With respect to any lump-sum settlement under this
4187	subsection, a judge of compensation claims must consider at the
4188	time of the settlement, whether the settlement allocation
4189	provides for the appropriate recovery of child support
4190	arrearages. An employer or carrier does not have a duty to
4191	investigate or collect information regarding child support
4192	arrearages.
4193	2. When reviewing any settlement of lump-sum payment
4194	pursuant to this subsection, judges of compensation claims shall
4195	consider the interests of the worker and the worker's family
4196	when approving the settlement, which must consider and provide
4197	for appropriate recovery of past due support.
4198	Section 25. Section 440.25, Florida Statutes, is amended
4199	to read:
4200	440.25 Procedures for mediation and hearings.--
4201	(1) Forty daysWithin 90 daysafter a petition for
4202	benefits is filed under s. 440.192, a mediation conference
4203	concerning such petition shall be held. Within 40 days after
4204	such petition is filed,the judge of compensation claims shall
4205	notify the interested parties by order that a mediation
4206	conference concerning such petition has been scheduledwill be
4207	held unless the parties have notified the judgeOffice of the
4208	Judges of compensation claims that a privatemediation has been
4209	held or is scheduled to be held. A mediation, whether private or
4210	public, shall be held within 130 days after the filing of the
4211	petition. Such order must give the date by whichthe mediation
4212	conference is tomustbe held. Such order may be served
4213	personally upon the interested parties or may be sent to the
4214	interested parties by mail. If multiple petitions are pending,
4215	or if additional petitions are filed after the scheduling of a
4216	mediation, the judge of compensation claims shall consolidate
4217	all petitions into one mediation.The claimant or the adjuster
4218	of the employer or carrier may, at the mediator's discretion,
4219	attend the mediation conference by telephone or, if agreed to by
4220	the parties, other electronic means. A continuance may be
4221	granted upon the agreement of the parties orif the requesting
4222	party demonstrates to the judge of compensation claims that the
4223	reason for requesting the continuance arises from circumstances
4224	beyond the party's control. Any order granting a continuance
4225	must set forth the date of the rescheduled mediation conference.
4226	A mediation conference may not be used solely for the purpose of
4227	mediating attorney's fees.
4228	(2) Any party who participates in a mediation conference
4229	shall not be precluded from requesting a hearing following the
4230	mediation conference should both parties not agree to be bound
4231	by the results of the mediation conference. A mediation
4232	conference is required to be held unless this requirement is
4233	waived by the Deputy Chief Judge. No later than 3 days prior to
4234	the mediation conference, all parties must submit any applicable
4235	motions, including, but not limited to, a motion to waive the
4236	mediation conference, to the judge of compensation claims.
4237	(3)(a)Such mediation conference shall be conducted
4238	informally and does not require the use of formal rules of
4239	evidence or procedure. Any information from the files, reports,
4240	case summaries, mediator's notes, or other communications or
4241	materials, oral or written, relating to a mediation conference
4242	under this section obtained by any person performing mediation
4243	duties is privileged and confidential and may not be disclosed
4244	without the written consent of all parties to the conference.
4245	Any research or evaluation effort directed at assessing the
4246	mediation program activities or performance must protect the
4247	confidentiality of such information. Each party to a mediation
4248	conference has a privilege during and after the conference to
4249	refuse to disclose and to prevent another from disclosing
4250	communications made during the conference whether or not the
4251	contested issues are successfully resolved. This subsection and
4252	paragraphs (4)(a) and (b) shall not be construed to prevent or
4253	inhibit the discovery or admissibility of any information that
4254	is otherwise subject to discovery or that is admissible under
4255	applicable law or rule of procedure, except that any conduct or
4256	statements made during a mediation conference or in negotiations
4257	concerning the conference are inadmissible in any proceeding
4258	under this chapter.
4259	(a)1. Unless the parties conduct a private mediation under
4260	paragraph (b)subparagraph 2., mediation shall be conducted by a
4261	mediator selected by the Director of the Division of
4262	Administrative Hearings from among mediators employed on a full-
4263	time basis by the Office of the Judges of Compensation Claims. A
4264	mediator must be a member of The Florida Bar for at least 5
4265	years and must complete a mediation training program approved by
4266	the Deputy Chief JudgeDirector of the Division of
4267	Administrative Hearings. Adjunct mediators may be employed by
4268	the Office of the Judges of Compensation Claims on an as-needed
4269	basis and shall be selected from a list prepared by the Director
4270	of the Division of Administrative Hearings. An adjunct mediator
4271	must be independent of all parties participating in the
4272	mediation conference. An adjunct mediator must be a member of
4273	The Florida Bar for at least 5 years and must complete a
4274	mediation training program approved by the Office of the Judges
4275	of Compensation ClaimsDirector of the Division of
4276	Administrative Hearings. An adjunct mediator shall have access
4277	to the office, equipment, and supplies of the judge of
4278	compensation claims in each district.
4279	(b)2. With respect to any private mediation occurring on
4280	or after January 1, 2003, if the parties agree or if mediators
4281	are not available under paragraph (a), pursuant to notice from
4282	the judge of compensation claims,subparagraph 1.to conduct the
4283	required mediation within the period specified in this section,
4284	the parties shall hold a mediation conference at the carrier's
4285	expense within the 130-day90-dayperiod set for mediation. The
4286	mediation conference shall be conducted by a mediator certified
4287	under s. 44.106. If the parties do not agree upon a mediator
4288	within 10 days after the date of the order, the claimant shall
4289	notify the judge in writing and the judge shall appoint a
4290	mediator under this subparagraph within 7 days. In the event
4291	both parties agree, the results of the mediation conference
4292	shall be binding and neither party shall have a right to appeal
4293	the results. In the event either party refuses to agree to the
4294	results of the mediation conference, the results of the
4295	mediation conference as well as the testimony, witnesses, and
4296	evidence presented at the conference shall not be admissible at
4297	any subsequent proceeding on the claim. The mediator shall not
4298	be called in to testify or give deposition to resolve any claim
4299	for any hearing before the judge of compensation claims. The
4300	employer may be represented by an attorney at the mediation
4301	conference if the employee is also represented by an attorney at
4302	the mediation conference.
4303	(b) The parties shall complete the pretrial stipulations
4304	before the conclusion of the mediation conference if the claims,
4305	except for attorney's fees and costs, have not been settled and
4306	if any claims in any filed petition remain unresolved. The judge
4307	of compensation claims may impose sanctions against a party or
4308	both parties for failing to complete the pretrial stipulations
4309	before the conclusion of the mediation conference.
4310	(4)(a) If the parties fail to agree touponwritten
4311	submission of pretrial stipulations at the mediation conference,
4312	the judge of compensation claims shall conduct a liveorder a
4313	pretrial hearing to occur within 14 days after the date of
4314	mediation ordered by the judge of compensation claims. The judge
4315	of compensation claims shall give the interested parties at
4316	least 147 days' advance notice of the pretrial hearing by mail.
4317	At the pretrial hearing, the judge of compensation claims shall,
4318	subject to paragraph (b), set a date for the final hearing that
4319	allows the parties at least 60 days to conduct discovery unless
4320	the parties consent to an earlier hearing date.
4321	(b) The final hearing must be held and concluded within 90
4322	days after the mediation conference is held, allowing the
4323	parties sufficient time to complete discovery. Except as set
4324	forth in this section,continuances may be granted only if the
4325	requesting party demonstrates to the judge of compensation
4326	claims that the reason for requesting the continuance arises
4327	from circumstances beyond the party's control. The written
4328	consent of the claimant must be obtained before any request from
4329	a claimant's attorney is granted for an additional continuance
4330	after the initial continuance has been granted. Any order
4331	granting a continuance must set forth the date and time of the
4332	rescheduled hearing. A continuance may be granted only if the
4333	requesting party demonstrates to the judge of compensation
4334	claims that the reason for requesting the continuance arises
4335	from circumstances beyond the control of the parties. The judge
4336	of compensation claims shall report any grant of two or more
4337	continuances to the Deputy Chief Judge.
4338	(c) The judge of compensation claims shall give the
4339	interested parties at least 147days' advance notice of the
4340	final hearing, served upon the interested parties by mail.
4341	(d) The final hearing shall be held within 210 days after
4342	receipt of the petition for benefits in the county where the
4343	injury occurred, if the injury occurred in this state, unless
4344	otherwise agreed to between the parties and authorized by the
4345	judge of compensation claims in the county where the injury
4346	occurred. However, the claimant may waive the timeframes within
4347	this section for good cause shown.If the injury occurred
4348	outside the state and is one for which compensation is payable
4349	under this chapter, then the final hearing may be held in the
4350	county of the employer's residence or place of business, or in
4351	any other county of the state that will, in the discretion of
4352	the Deputy Chief Judge, be the most convenient for a hearing.
4353	The final hearing shall be conducted by a judge of compensation
4354	claims, who shall, within 30 days after final hearing or closure
4355	of the hearing record, unless otherwise agreed by the parties,
4356	enter a final order on the merits of the disputed issues. The
4357	judge of compensation claims may enter an abbreviated final
4358	order in cases in which compensability is not disputed. Either
4359	party may request separate findings of fact and conclusions of
4360	law. At the final hearing, the claimant and employer may each
4361	present evidence with respect to the claims presented by the
4362	petition for benefits and may be represented by any attorney
4363	authorized in writing for such purpose. When there is a conflict
4364	in the medical evidence submitted at the hearing, the provisions
4365	of s. 440.13 shall apply. The report or testimony of the expert
4366	medical advisor shall be admitted into evidence in amade a part
4367	of the record of the proceeding and shall be given the same
4368	consideration by the judge of compensation claims as is accorded
4369	other medical evidence submitted in the proceeding;and all
4370	costs incurred in connection with such examination and testimony
4371	may be assessed as costs in the proceeding, subject to the
4372	provisions of s. 440.13. No judge of compensation claims may
4373	make a finding of a degree of permanent impairment that is
4374	greater than the greatest permanent impairment rating given the
4375	claimant by any examining or treating physician,except upon
4376	stipulation of the parties. Any benefit due but not raised at
4377	the final hearing which was ripe, due, or owing at the time of
4378	the final hearing is waived.
4379	(e) The order making an award or rejecting the claim,
4380	referred to in this chapter as a "compensation order," shall set
4381	forth the findings of ultimate facts and the mandate; and the
4382	order need not include any other reason or justification for
4383	such mandate. The compensation order shall be filed in the
4384	Office of the Judges of Compensation Claims at Tallahassee. A
4385	copy of such compensation order shall be sent by mail to the
4386	parties and attorneys of record at the last known address of
4387	each, with the date of mailing noted thereon.
4388	(f) Each judge of compensation claims is required to
4389	submit a special report to the Deputy Chief Judge in each
4390	contested workers' compensation case in which the case is not
4391	determined within 30 days of final hearing or closure of the
4392	hearing record. Said form shall be provided by the director of
4393	the Division of Administrative Hearings and shall contain the
4394	names of the judge of compensation claims and of the attorneys
4395	involved and a brief explanation by the judge of compensation
4396	claims as to the reason for such a delay in issuing a final
4397	order.
4398	(f)(g)Notwithstanding any other provision of this
4399	section, the judge of compensation claims may require the
4400	appearance of the parties and counsel before her or him without
4401	written notice for an emergency conference where there is a bona
4402	fide emergency involving the health, safety, or welfare of an
4403	employee. An emergency conference under this section may result
4404	in the entry of an order or the rendering of an adjudication by
4405	the judge of compensation claims.
4406	(g)(h)To expedite dispute resolution and to enhance the
4407	self-executing features of the Workers' Compensation Law, the
4408	Deputy Chief Judge shall make provision by rule or order for the
4409	resolution of appropriate motions by judges of compensation
4410	claims without oral hearing upon submission of brief written
4411	statements in support and opposition, and for expedited
4412	discovery and docketing. Unless the judge of compensation
4413	claims, for good cause, orders a hearing under paragraph (h)(i),
4414	each claim in a petition relating to the determination of the
4415	average weekly wagepayunder s. 440.14 shall be resolved under
4416	this paragraph without oral hearing.
4417	(h)(i)To further expedite dispute resolution and to
4418	enhance the self-executing features of the system, those
4419	petitions filed in accordance with s. 440.192 that involve a
4420	claim for benefits of $5,000 or less shall, in the absence of
4421	compelling evidence to the contrary, be presumed to be
4422	appropriate for expedited resolution under this paragraph; and
4423	any other claim filed in accordance with s. 440.192, upon the
4424	written agreement of both parties and application by either
4425	party, may similarly be resolved under this paragraph. A claim
4426	in a petition or $5,000 or less for medical benefits only or a
4427	petition for reimbursement for mileage for medical purposes
4428	shall, in the absence of compelling evidence to the contrary, be
4429	resolved through the expedited dispute resolution process
4430	provided in this paragraph. For purposes of expedited resolution
4431	pursuant to this paragraph, the Deputy Chief Judge shall make
4432	provision by rule or order for expedited and limited discovery
4433	and expedited docketing in such cases. At least 15 days prior to
4434	hearing, the parties shall exchange and file with the judge of
4435	compensation claims a pretrial outline of all issues, defenses,
4436	and witnesses on a form adopted by the Deputy Chief Judge;
4437	provided, in no event shall such hearing be held without 15
4438	days' written notice to all parties. No pretrial hearing shall
4439	be held and no mediation scheduled unless requested by a party.
4440	The judge of compensation claims shall limit all argument and
4441	presentation of evidence at the hearing to a maximum of 30
4442	minutes, and such hearings shall not exceed 30 minutes in
4443	length. Neither party shall be required to be represented by
4444	counsel. The employer or carrier may be represented by an
4445	adjuster or other qualified representative. The employer or
4446	carrier and any witness may appear at such hearing by telephone.
4447	The rules of evidence shall be liberally construed in favor of
4448	allowing introduction of evidence.
4449	(i)(j)A judge of compensation claims may, upon the motion
4450	of a party or the judge's own motion, dismiss a petition for
4451	lack of prosecution if a petition, response, motion, order,
4452	request for hearing, or notice of deposition has not been filed
4453	during the previous 12 months unless good cause is shown. A
4454	dismissal for lack of prosecution is without prejudice and does
4455	not require a hearing.
4456	(j)(k)A judge of compensation claims may not award
4457	interest on unpaid medical bills and the amount of such bills
4458	may not be used to calculate the amount of interest awarded.
4459	Regardless of the date benefits were initially requested,
4460	attorney's fees do not attach under this subsection until 30
4461	days after the date the carrier or self-insured employer
4462	receives the petition.
4463	(5)(a) Procedures with respect to appeals from orders of
4464	judges of compensation claims shall be governed by rules adopted
4465	by the Supreme Court. Such an order shall become final 30 days
4466	after mailing of copies of such order to the parties, unless
4467	appealed pursuant to such rules.
4468	(b) An appellant may be relieved of any necessary filing
4469	fee by filing a verified petition of indigency for approval as
4470	provided in s. 57.081(1) and may be relieved in whole or in part
4471	from the costs for preparation of the record on appeal if,
4472	within 15 days after the date notice of the estimated costs for
4473	the preparation is served, the appellant files with the judge of
4474	compensation claims a copy of the designation of the record on
4475	appeal, and a verified petition to be relieved of costs. A
4476	verified petition filed prior to the date of service of the
4477	notice of the estimated costs shall be deemed not timely filed.
4478	The verified petition relating to record costs shall contain a
4479	sworn statement that the appellant is insolvent and a complete,
4480	detailed, and sworn financial affidavit showing all the
4481	appellant's assets, liabilities, and income. Failure to state in
4482	the affidavit all assets and income, including marital assets
4483	and income, shall be grounds for denying the petition with
4484	prejudice. The Office of the Judges of Compensation Claims shall
4485	adopt rules as may be required pursuant to this subsection,
4486	including forms for use in all petitions brought under this
4487	subsection. The appellant's attorney, or the appellant if she or
4488	he is not represented by an attorney, shall include as a part of
4489	the verified petition relating to record costs an affidavit or
4490	affirmation that, in her or his opinion, the notice of appeal
4491	was filed in good faith and that there is a probable basis for
4492	the District Court of Appeal, First District, to find reversible
4493	error, and shall state with particularity the specific legal and
4494	factual grounds for the opinion. Failure to so affirm shall be
4495	grounds for denying the petition. A copy of the verified
4496	petition relating to record costs shall be served upon all
4497	interested parties. The judge of compensation claims shall
4498	promptly conduct a hearing on the verified petition relating to
4499	record costs, giving at least 15 days' notice to the appellant,
4500	the department, and all other interested parties, all of whom
4501	shall be parties to the proceedings. The judge of compensation
4502	claims may enter an order without such hearing if no objection
4503	is filed by an interested party within 20 days from the service
4504	date of the verified petition relating to record costs. Such
4505	proceedings shall be conducted in accordance with the provisions
4506	of this section and with the workers' compensation rules of
4507	procedure, to the extent applicable. In the event an insolvency
4508	petition is granted, the judge of compensation claims shall
4509	direct the department to pay record costs and filing fees from
4510	the Workers' Compensation Administration Trust Fund pending
4511	final disposition of the costs of appeal. The department may
4512	transcribe or arrange for the transcription of the record in any
4513	proceeding for which it is ordered to pay the cost of the
4514	record.
4515	(c) As a condition of filing a notice of appeal to the
4516	District Court of Appeal, First District, an employer who has
4517	not secured the payment of compensation under this chapter in
4518	compliance with s. 440.38 shall file with the notice of appeal a
4519	good and sufficient bond, as provided in s. 59.13, conditioned
4520	to pay the amount of the demand and any interest and costs
4521	payable under the terms of the order if the appeal is dismissed,
4522	or if the District Court of Appeal, First District, affirms the
4523	award in any amount. Upon the failure of such employer to file
4524	such bond with the judge of compensation claims orthe District
4525	Court of Appeal, First District, along with the notice of
4526	appeal, the District Court of Appeal, First District, shall
4527	dismiss the notice of appeal.
4528	(6) An award of compensation for disability may be made
4529	after the death of an injured employee.
4530	(7) An injured employee claiming or entitled to
4531	compensation shall submit to such physical examination by a
4532	certified expert medical advisor approved by the agency or the
4533	judge of compensation claims as the agency or the judge of
4534	compensation claims may require. The place or places shall be
4535	reasonably convenient for the employee. Such physician or
4536	physicians as the employee, employer, or carrier may select and
4537	pay for may participate in an examination if the employee,
4538	employer, or carrier so requests. Proceedings shall be suspended
4539	and no compensation shall be payable for any period during which
4540	the employee may refuse to submit to examination.Any interested
4541	party shall have the right in any case of death to require an
4542	autopsy, the cost thereof to be borne by the party requesting
4543	it; and the judge of compensation claims shall have authority to
4544	order and require an autopsy and may, in her or his discretion,
4545	withhold her or his findings and award until an autopsy is held.
4546	Section 26. Subsections (1), (2), and (3) of section
4547	440.34, Florida Statutes, are amended, and subsection (7) is
4548	added to said section, to read:
4549	440.34 Attorney's fees; costs.--
4550	(1) A fee, gratuity, or other consideration may not be
4551	paid for services rendered fora claimant in connection with any
4552	proceedings arising under this chapter, unless approved as
4553	reasonable by the judge of compensation claims or court having
4554	jurisdiction over such proceedings. Except as provided by this
4555	subsection,Any attorney's fee approved by a judge of
4556	compensation claims for benefits secured on behalf ofservices
4557	rendered toa claimant must equal to 20 percent of the first
4558	$5,000 of the amount of the benefits secured, 15 percent of the
4559	next $5,000 of the amount of the benefits secured, 10 percent of
4560	the remaining amount of the benefits secured to be provided
4561	during the first 10 years after the date the claim is filed, and
4562	5 percent of the benefits secured after 10 years. The judge of
4563	compensation claims shall not approve a compensation order, a
4564	joint stipulation for lump-sum settlement, a stipulation or
4565	agreement between a claimant and his or her attorney, or any
4566	other agreement related to benefits under this chapter that
4567	provides for an attorney's fee in excess of the amount permitted
4568	by this section. The judge of compensation claims is not
4569	required to approve any retainer agreement between the claimant
4570	and his or her attorney. The retainer agreement as to fees and
4571	costs may not be for compensation in excess of the amount
4572	allowed under this section.However, The judge of compensation
4573	claims shall consider the following factors in each case and may
4574	increase or decrease the attorney's fee if, in her or his
4575	judgment, the circumstances of the particular case warrant such
4576	action:
4577	(a) The time and labor required, the novelty and
4578	difficulty of the questions involved, and the skill requisite to
4579	perform the legal service properly.
4580	(b) The fee customarily charged in the locality for
4581	similar legal services.
4582	(c) The amount involved in the controversy and the
4583	benefits resulting to the claimant.
4584	(d) The time limitation imposed by the claimant or the
4585	circumstances.
4586	(e) The experience, reputation, and ability of the lawyer
4587	or lawyers performing services.
4588	(f) The contingency or certainty of a fee.
4589	(2) In awarding a reasonableclaimant's attorney's fee,
4590	the judge of compensation claims shall consider only those
4591	benefits secured byto the claimant that the attorney is
4592	responsible for securing. An attorney is not entitled to
4593	attorney's fees for representation in any issue that was ripe,
4594	due, and owing and that reasonably could have been addressed,
4595	but was not addressed, during the pendency of other issues for
4596	the same injury.The amount, statutory basis, and type of
4597	benefits obtained through legal representation shall be listed
4598	on all attorney's fees awarded by the judge of compensation
4599	claims. For purposes of this section, the term "benefits
4600	secured" means benefits obtained as a result of the claimant's
4601	attorney's legal services rendered in connection with the claim
4602	for benefits. However, such termdoes not include future
4603	medical benefits to be provided on any date more than 5 years
4604	after the date the claim is filed. In the event an offer to
4605	settle an issue pending before a judge of compensation claims is
4606	communicated in writing to the claimant or the claimant's
4607	attorney at least 30 days prior to the trial date on such issue,
4608	benefits secured shall be only that amount awarded above that
4609	specified in the offer to settle. If multiple issues are pending
4610	before the judge of compensation claims, said offer of
4611	settlement shall address each issue pending and shall state
4612	explicitly whether or not the offer on each issue is severable.
4613	The written offer shall also unequivocally state whether or not
4614	it includes medical witness fees and expenses and all other
4615	costs associated with the claim.
4616	(3) If any partythe claimantshould prevail in any
4617	proceedings before a judge of compensation claims or court,
4618	there shall be taxed against the nonprevailing partyemployer
4619	the reasonable costs of such proceedings, not to include the
4620	attorney's fees of the claimant. A claimant shall be
4621	responsible for the payment of her or his own attorney's fees,
4622	except that a claimant shall be entitled to recover a reasonable
4623	attorney's fee from a carrier or employer:
4624	(a) Against whom she or he successfully asserts a petition
4625	for medical benefits only, if the claimant has not filed or is
4626	not entitled to file at such time a claim for disability,
4627	permanent impairment, wage-loss, or death benefits, arising out
4628	of the same accident;
4629	(b) In any case in which the employer or carrier files a
4630	response to petition denying benefits with the Office of the
4631	Judges of Compensation Claims and the injured person has
4632	employed an attorney in the successful prosecution of the
4633	petition;
4634	(c) In a proceeding in which a carrier or employer denies
4635	that an accident occurred for which compensation benefits are
4636	payable, and the claimant prevails on the issue of
4637	compensability; or
4638	(d) In cases where the claimant successfully prevails in
4639	proceedings filed under s. 440.24 or s. 440.28.
4640
4641	Regardless of the date benefits were initially requested,
4642	attorney's fees shall not attach under this subsection until 30
4643	days after the date the carrier or employer, if self-insured,
4644	receives the petition. In applying the factors set forth in
4645	subsection (1) to cases arising under paragraphs (a), (b), (c),
4646	and (d), the judge of compensation claims must only consider
4647	only such benefits and the time reasonably spent in obtaining
4648	them as were secured for the claimant within the scope of
4649	paragraphs (a), (b), (c), and (d).
4650	(7) If an attorney's fee is owed under paragraph (3)(a),
4651	the judge of compensation claims may approve an alternative
4652	attorney's fee not to exceed $1,500 only once per accident,
4653	based on a maximum hourly rate of $150 per hour, if the judge of
4654	compensation claims expressly finds that the attorney's fee
4655	amount provided for in subsection (1), based on benefits
4656	secured, fails to fairly compensate the attorney for disputed
4657	medical-only claims as provided in paragraph (3)(a) and the
4658	circumstances of the particular case warrant such action.
4659	Section 27. Subsection (7) is added to section 440.38,
4660	Florida Statutes, to read:
4661	440.38 Security for compensation; insurance carriers and
4662	self-insurers.—
4663	(7) Any employer who meets the requirements of subsection
4664	(1) through a policy of insurance issued outside of this state
4665	must at all times, with respect to all employees working in this
4666	state, maintain the required coverage under a Florida
4667	endorsement using Florida rates and rules pursuant to payroll
4668	reporting that accurately reflects the work performed in this
4669	state by such employees.
4670	Section 28. Subsections (2) and (6) of section 440.381,
4671	Florida Statutes, are amended to read:
4672	440.381 Application for coverage; reporting payroll;
4673	payroll audit procedures; penalties.--
4674	(2) Submission of an application that contains false,
4675	misleading, or incomplete information provided with the purpose
4676	of avoiding or reducing the amount of premiums for workers'
4677	compensation coverage is a felony of the second degree,
4678	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4679	The application must contain a statement that the filing of an
4680	application containing false, misleading, or incomplete
4681	information providedwith the purpose of avoiding or reducing
4682	the amount of premiums for workers' compensation coverage is a
4683	felony of the third degree, punishable as provided in s.
4684	775.082, s. 775.083, or s. 775.084. The application must contain
4685	a sworn statement by the employer attesting to the accuracy of
4686	the information submitted and acknowledging the provisions of
4687	former s. 440.37(4). The application must contain a sworn
4688	statement by the agent attesting that the agent explained to the
4689	employer or officer the classification codes that are used for
4690	premium calculations.
4691	(6)(a)If an employer understates or conceals payroll, or
4692	misrepresents or conceals employee duties so as to avoid proper
4693	classification for premium calculations, or misrepresents or
4694	conceals information pertinent to the computation and
4695	application of an experience rating modification factor, the
4696	employer, or the employer's agent or attorney, shall pay to the
4697	insurance carrier a penalty of 10 times the amount of the
4698	difference in premium paid and the amount the employer should
4699	have paid and reasonable attorney's fees. The penalty may be
4700	enforced in the circuit courts of this state.
4701	(b) If the department determines that an employer has
4702	materially understated or concealed payroll, has materially
4703	misrepresented or concealed employee duties so as to avoid
4704	proper classification for premium calculations, or has
4705	materially misrepresented or concealed information pertinent to
4706	the computation and application of an experience rating
4707	modification factor, the department shall immediately notify the
4708	employer's carrier of such determination. The carrier shall
4709	commence a physical onsite audit of the employer within 30 days
4710	after receiving notification from the department. If the carrier
4711	fails to commence the audit as required by this section, the
4712	department shall contract with auditing professionals to conduct
4713	the audit at the carrier's expense. A copy of the carrier's
4714	audit of the employer shall be provided to the department upon
4715	completion. The carrier is not required to conduct the physical
4716	onsite audit of the employer as set forth in this paragraph if
4717	the carrier gives written notice of cancellation to the employer
4718	within 30 days after receiving notification from the department
4719	of the material misrepresentation, understatement, or
4720	concealment and an audit is conducted in conjunction with the
4721	cancellation.
4722	Section 29. Subsection (3) of section 440.42, Florida
4723	Statutes, is amended to read:
4724	440.42 Insurance policies; liability.--
4725	(3) No contract or policy of insurance issued by a carrier
4726	under this chapter shall expire or be canceled until at least 30
4727	days have elapsed after a notice of cancellation has been sent
4728	to the department and to the employer in accordance with the
4729	provisions of s. 440.185(7). For cancellation due to nonpayment
4730	of premium, the insurer shall mail notification to the employer
4731	at least 10 days prior to the effective date of the
4732	cancellation.However, when duplicate or dual coverage exists by
4733	reason of two different carriers having issued policies of
4734	insurance to the same employer securing the same liability, it
4735	shall be presumed that only that policy with the later effective
4736	date shall be in force and that the earlier policy terminated
4737	upon the effective date of the latter. In the event that both
4738	policies carry the same effective date, one of the policies may
4739	be canceled instanter upon filing a notice of cancellation with
4740	the department and serving a copy thereof upon the employer in
4741	such manner as the department prescribes by rule. The department
4742	may by rule prescribe the content of the notice of retroactive
4743	cancellation and specify the time, place, and manner in which
4744	the notice of cancellation is to be served.
4745	Section 30. Paragraph (a) of subsection (4) of section
4746	440.49, Florida Statutes, is amended to read:
4747	440.49 Limitation of liability for subsequent injury
4748	through Special Disability Trust Fund.--
4749	(4) PERMANENT IMPAIRMENT OR PERMANENT TOTAL DISABILITY,
4750	TEMPORARY BENEFITS, MEDICAL BENEFITS, OR ATTENDANT CARE AFTER
4751	OTHER PHYSICAL IMPAIRMENT.--
4752	(a) Permanent impairment.--If an employee who has a
4753	preexisting permanent physical impairment incurs a subsequent
4754	permanent impairment from injury or occupational disease arising
4755	out of, and in the course of, her or his employment which merges
4756	with the preexisting permanent physical impairment to cause a
4757	permanent impairment, the employer shall, in the first instance,
4758	pay all benefits provided by this chapter; but, subject to the
4759	limitations specified in subsection (6), such employer shall be
4760	reimbursed from the Special Disability Trust Fund created by
4761	subsection (9) for 50 percent of all impairment benefits which
4762	the employer has been required to provide pursuant to s.
4763	440.15(3)(a)as a result of the subsequent accident or
4764	occupational disease.
4765	Section 31. Subsection (6) of section 440.491, Florida
4766	Statutes, is amended to read:
4767	440.491 Reemployment of injured workers; rehabilitation.--
4768	(6) TRAINING AND EDUCATION.--
4769	(a) Upon referral of an injured employee by the carrier,
4770	or upon the request of an injured employee, the department shall
4771	conduct a training and education screening to determine whether
4772	it should refer the employee for a vocational evaluation and, if
4773	appropriate, approve training and education or other vocational
4774	services for the employee. The department may not approve formal
4775	training and education programs unless it determines, after
4776	consideration of the reemployment assessment, pertinent
4777	reemployment status reviews or reports, and such other relevant
4778	factors as it prescribes by rule, that the reemployment plan is
4779	likely to result in return to suitable gainful employment. The
4780	department is authorized to expend moneys from the Workers'
4781	Compensation Administration Trust Fund, established by s.
4782	440.50, to secure appropriate training and education at a
4783	community college established under part III of chapter 240 or
4784	at a vocational-technical school established under s. 230.63, or
4785	to secureother vocational services when necessary to satisfy
4786	the recommendation of a vocational evaluator. As used in this
4787	paragraph, "appropriate training and education" includes
4788	securing a general education diploma (GED), if necessary.The
4789	department shall establish training and education standards
4790	pertaining to employee eligibility, course curricula and
4791	duration, and associated costs.
4792	(b) When it appears thatan employee who has attained
4793	maximum medical improvement is unable to earn at least 80
4794	percent of the compensation rate andrequires training and
4795	education to obtain suitable gainful employment, the employer or
4796	carrier shall pay the employee additional training and education
4797	temporary total compensation benefitswhile the employee
4798	receives such training and education for a period not to exceed
4799	104 weeks. The benefits provided under this paragraph shall not
4800	be in addition to the 104 weeks as specified in s. 440.15(2)26
4801	weeks, which period may be extended for an additional 26 weeks
4802	or less, if such extended period is determined to be necessary
4803	and proper by a judge of compensation claims.However, a carrier
4804	or employer is not precluded from voluntarily paying additional
4805	temporary total disability compensation beyond that period. If
4806	an employee requires temporary residence at or near a facility
4807	or an institution providing training and education which is
4808	located more than 50 miles away from the employee's customary
4809	residence, the reasonable cost of board, lodging, or travel must
4810	be borne by the department from the Workers' Compensation
4811	Administration Trust Fund established by s. 440.50. An employee
4812	who refuses to accept training and education that is recommended
4813	by the vocational evaluator and considered necessary by the
4814	department will forfeit any additional training and education
4815	benefits and any additional payment for lost wages under this
4816	chapter. The department shall adopt rules to implement this
4817	section, which shall include requirements placed upon the
4818	carrier to notify the injured employee of the availability of
4819	training and education benefits as specified in this chapter.
4820	The department shall also include information regarding the
4821	eligibility for training and education benefits in informational
4822	materials specified in ss. 440.207 and 440.40is subject to a
4823	50-percent reduction in weekly compensation benefits, including
4824	wage-loss benefits, as determined under s. 440.15(3)(b).
4825	Section 32. Section 440.525, Florida Statutes, is amended
4826	to read:
4827	440.525 Audit, examination, and examination of carriers
4828	and claims-handling entities.--
4829	(1) The Office of Insurance Regulationdepartment may
4830	audit, examine, or investigate anyeach carrier, third-party
4831	administrator, servicing agent, or other claims-handling entity
4832	as often as is warranted to ensure that it iscarriers are
4833	fulfilling itstheir obligations under this chapterthe law. The
4834	examination may cover any period of the carrier's operations
4835	since the last previous examination.
4836	(2) An audit or examination may cover any period of the
4837	carrier's, third-party administrator's, servicing agent's, or
4838	other claims-handling entity's operations since the last
4839	previous audit or examination. An investigation based upon a
4840	reasonable belief by the office that a material violation of
4841	this chapter has occurred may cover any time period, but may not
4842	predate the last audit by more than 5 years. The Financial
4843	Services Commission may by rule establish procedures, standards,
4844	and protocols for audits, examinations, and investigations. If
4845	the office finds any violation of this chapter, it may impose
4846	administrative penalties pursuant to this chapter. If the office
4847	finds any self-insurer in violation of this chapter, it may take
4848	action pursuant s. 440.38(3). Audits, examinations, or
4849	investigations by the office may address, but are not limited to
4850	addressing, unfair or unreasonable claims-handling techniques;
4851	patterns or practices of unreasonable denial of claims or
4852	unreasonable delay in claims handling; timeliness and accuracy
4853	of payments and reports under ss. 440.13, 440.16, and 440.185;
4854	proper application of practice parameters and protocols in
4855	paying medical benefits; or patterns or practices of harassment,
4856	coercion, or intimidation of claimants. The commission may also
4857	specify by rule the documentation to be maintained for each
4858	claim file.
4859	(3) As to any audit, examination, or investigation
4860	conducted under this chapter, the office shall have the power to
4861	conduct onsite inspections of claims records and documentation
4862	of a carrier, third-party administrator, servicing agent, or
4863	other claims-handling entity, and conduct interviews, both sworn
4864	and unsworn, of claims-handling personnel. Carriers, third-party
4865	administrators, servicing agents, and other claims-handling
4866	entities shall make all claims records, documentation,
4867	communication, and correspondence available to office personnel
4868	during regular business hours. If any person fails to comply
4869	with an office request for production of records or documents or
4870	fails to produce an employee for interview, the office may
4871	compel production or attendance by subpoena. The results of an
4872	audit, examination, or investigation shall be provided to the
4873	carrier, third-party administrator, servicing agent, or other
4874	claims-handling entity in a written report setting forth the
4875	basis for any violations that are asserted. Such report is
4876	agency action for purposes of chapter 120, and the aggrieved
4877	party may request a proceeding under s. 120.57 with regard to
4878	the findings and conclusion of the report.
4879	(4) If the office finds that violations of this chapter
4880	have occurred, the office may impose an administrative penalty
4881	upon the offending entity or entities. For each offending
4882	entity, such penalties shall not exceed $2,500 for each pattern
4883	or practice constituting nonwillful violation and shall not
4884	exceed an aggregate amount of $10,000 for all nonwillful
4885	violations arising out of the same action. If the office finds a
4886	pattern of practice that constitutes a willful violation, the
4887	office may impose an administrative penalty upon each offending
4888	entity not to exceed $20,000 for each willful pattern or
4889	practice. Such fines shall not exceed $100,000 for all willful
4890	violations arising out of the same action. No penalty assessed
4891	under this section may be recouped by any carrier in the rate
4892	base, the premium, or any rate filing. Any administrative
4893	penalty imposed under this section for a nonwillful violation
4894	shall not duplicate an administrative penalty imposed under
4895	another provision of this chapter. The commission may adopt
4896	rules to implement this section. The commission shall adopt
4897	penalty guidelines by rule to set penalties under this chapter.
4898	(5) The department shall provide such assistance as may be
4899	requested by the office to enable the office to carry out its
4900	powers and duties under this section.
4901	Section 33. Subsection (2) of section 627.162, Florida
4902	Statutes, is amended to read:
4903	627.162 Requirements for premium installments;
4904	delinquency, collection, and check return charges; attorney's
4905	fees.--
4906	(2) Insurers providing workers' compensation coverage
4907	under chapter 440 may charge the insured a delinquency and
4908	collection fee on each installment in default for a period of
4909	not less than 5 days in an amount not to exceed $25$10or 5
4910	percent of the delinquent installment, whichever is greater.
4911	Only one such delinquency and collection fee may be collected on
4912	any such installment regardless of the period during which it
4913	remains in default.
4914	Section 34. Paragraphs (c) and (d) of subsection (4) of
4915	section 627.311, Florida Statutes, are amended to read
4916	627.311 Joint underwriters and joint reinsurers.--
4917	(4)
4918	(c) The operation of the plan shall be governed by a plan
4919	of operation that is prepared at the direction of the board of
4920	governors. The plan of operation may be changed at any time by
4921	the board of governors or upon request of the department. The
4922	plan of operation and all changes thereto are subject to the
4923	approval of the department. The plan of operation shall:
4924	1. Authorize the board to engage in the activities
4925	necessary to implement this subsection, including, but not
4926	limited to, borrowing money.
4927	2. Develop criteria for eligibility for coverage by the
4928	plan, including, but not limited to, documented rejection by at
4929	least two insurers which reasonably assures that insureds
4930	covered under the plan are unable to acquire coverage in the
4931	voluntary market. Any insured may voluntarily elect to accept
4932	coverage from an insurer for a premium equal to or greater than
4933	the plan premium if the insurer writing the coverage adheres to
4934	the provisions of s. 627.171.
4935	3. Require notice from the agent to the insured at the
4936	time of the application for coverage that the application is for
4937	coverage with the plan and that coverage may be available
4938	through an insurer, group self-insurers' fund, commercial self-
4939	insurance fund, or assessable mutual insurer through another
4940	agent at a lower cost.
4941	4. Establish programs to encourage insurers to provide
4942	coverage to applicants of the plan in the voluntary market and
4943	to insureds of the plan, including, but not limited to:
4944	a. Establishing procedures for an insurer to use in
4945	notifying the plan of the insurer's desire to provide coverage
4946	to applicants to the plan or existing insureds of the plan and
4947	in describing the types of risks in which the insurer is
4948	interested. The description of the desired risks must be on a
4949	form developed by the plan.
4950	b. Developing forms and procedures that provide an insurer
4951	with the information necessary to determine whether the insurer
4952	wants to write particular applicants to the plan or insureds of
4953	the plan.
4954	c. Developing procedures for notice to the plan and the
4955	applicant to the plan or insured of the plan that an insurer
4956	will insure the applicant or the insured of the plan, and notice
4957	of the cost of the coverage offered; and developing procedures
4958	for the selection of an insuring entity by the applicant or
4959	insured of the plan.
4960	d. Provide for a market-assistance plan to assist in the
4961	placement of employers. All applications for coverage in the
4962	plan received 45 days before the effective date for coverage
4963	shall be processed through the market-assistance plan. A market-
4964	assistance plan specifically designed to serve the needs of
4965	small good policyholders as defined by the board must be
4966	finalized by January 1, 1994.
4967	5. Provide for policy and claims services to the insureds
4968	of the plan of the nature and quality provided for insureds in
4969	the voluntary market.
4970	6. Provide for the review of applications for coverage
4971	with the plan for reasonableness and accuracy, using any
4972	available historic information regarding the insured.
4973	7. Provide for procedures for auditing insureds of the
4974	plan which are based on reasonable business judgment and are
4975	designed to maximize the likelihood that the plan will collect
4976	the appropriate premiums.
4977	8. Authorize the plan to terminate the coverage of and
4978	refuse future coverage for any insured that submits a fraudulent
4979	application to the plan or provides fraudulent or grossly
4980	erroneous records to the plan or to any service provider of the
4981	plan in conjunction with the activities of the plan.
4982	9. Establish service standards for agents who submit
4983	business to the plan.
4984	10. Establish criteria and procedures to prohibit any
4985	agent who does not adhere to the established service standards
4986	from placing business with the plan or receiving, directly or
4987	indirectly, any commissions for business placed with the plan.
4988	11. Provide for the establishment of reasonable safety
4989	programs for all insureds in the plan. All insureds of the plan
4990	must participate in the safety program.
4991	12. Authorize the plan to terminate the coverage of and
4992	refuse future coverage to any insured who fails to pay premiums
4993	or surcharges when due; who, at the time of application, is
4994	delinquent in payments of workers' compensation or employer's
4995	liability insurance premiums or surcharges owed to an insurer,
4996	group self-insurers' fund, commercial self-insurance fund, or
4997	assessable mutual insurer licensed to write such coverage in
4998	this state; or who refuses to substantially comply with any
4999	safety programs recommended by the plan.
5000	13. Authorize the board of governors to provide the
5001	services required by the plan through staff employed by the
5002	plan, through reasonably compensated service providers who
5003	contract with the plan to provide services as specified by the
5004	board of governors, or through a combination of employees and
5005	service providers.
5006	14. Provide for service standards for service providers,
5007	methods of determining adherence to those service standards,
5008	incentives and disincentives for service, and procedures for
5009	terminating contracts for service providers that fail to adhere
5010	to service standards.
5011	15. Provide procedures for selecting service providers and
5012	standards for qualification as a service provider that
5013	reasonably assure that any service provider selected will
5014	continue to operate as an ongoing concern and is capable of
5015	providing the specified services in the manner required.
5016	16. Provide for reasonable accounting and data-reporting
5017	practices.
5018	17. Provide for annual review of costs associated with the
5019	administration and servicing of the policies issued by the plan
5020	to determine alternatives by which costs can be reduced.
5021	18. Authorize the acquisition of such excess insurance or
5022	reinsurance as is consistent with the purposes of the plan.
5023	19. Provide for an annual report to the department on a
5024	date specified by the department and containing such information
5025	as the department reasonably requires.
5026	20. Establish multiple rating plans for various
5027	classifications of risk which reflect risk of loss, hazard
5028	grade, actual losses, size of premium, and compliance with loss
5029	control. At least one of such plans must be a preferred-rating
5030	plan to accommodate small-premium policyholders with good
5031	experience as defined in sub-subparagraph 22.a.
5032	21. Establish agent commission schedules.
5033	22. Establish fourthreesubplans as follows:
5034	a. Subplan "A" must include those insureds whose annual
5035	premium does not exceed $2,500 and who have neither incurred any
5036	lost-time claims nor incurred medical-only claims exceeding 50
5037	percent of their premium for the immediate 2 years.
5038	b. Subplan "B" must include insureds that are employers
5039	identified by the board of governors as high-risk employers due
5040	solely to the nature of the operations being performed by those
5041	insureds and for whom no market exists in the voluntary market,
5042	and whose experience modifications are less than 1.00.
5043	c. Subplan "C" must include all otherinsureds within the
5044	plan that are not eligible for subplan "A," subplan "B," or
5045	subplan "D."
5046	d. Subplan "D" must include any employer with 50 or fewer
5047	employees, except that an employer who is eligible for subplan
5048	"D" and another subplan may elect the subplan in which it will
5049	participate. The rate plan for subplan "D" shall be the same
5050	rate plan as the plan approved under ss. 627.091-627.151 and
5051	each participant in subplan "D" shall pay the premium determined
5052	under such rate plan, plus a surcharge determined by the board
5053	to be sufficient to ensure that the plan does not compete with
5054	the voluntary market rate for any participant, but not to exceed
5055	25 percent.
5056	23. Provide for a depopulation program to reduce the
5057	number of insureds in subplan "D." If an employer insured
5058	through subplan "D" is offered coverage from a voluntary market
5059	carrier:
5060	a. During the first 30 days of coverage under the subplan;
5061	b. Before a policy is issued under the subplan;
5062	c. By issuance of a policy upon expiration or cancellation
5063	of the policy under the subplan; or
5064	d. By assumption of the subplan's obligation with respect
5065	to an in-force policy,
5066
5067	that employer is no longer eligible for coverage through the
5068	plan. The premium for risks assumed by the voluntary market
5069	carrier must be the same premium plus, for the first 2 years,
5070	the surcharge as determined in sub-subparagraph 22.d. A premium
5071	under this subparagraph, including surcharge, is deemed approved
5072	and is not an excess premium for purposes of s. 627.171.
5073	24. Require that policies issued under subplan "D" and
5074	applications for such policies must include a notice that the
5075	policy issued under subplan "D" could be replaced by a policy
5076	issued from a voluntary market carrier and that if an offer of
5077	coverage is obtained from a voluntary market carrier, the
5078	policyholder is no longer eligible for coverage through subplan
5079	"D." The notice must also specify that acceptance of coverage
5080	under subplan "D" creates a conclusive presumption that the
5081	applicant or policyholder is aware of this potential. With
5082	respect to any employer organized as a not-for-profit
5083	corporation and tax-exempt under s. 501(c)(3) of the Internal
5084	Revenue Code, the surcharge shall be sufficient to ensure that
5085	the subplan does not compete with the voluntary market but does
5086	not exceed 10 percent.
5087	(d)1.The plan must be funded through actuarially sound
5088	premiums charged to insureds of the plan.
5089	2.The plan may issue assessable policies only to those
5090	insureds in subplan "C." and subplan "D." Assessments levied
5091	against subplan "C" participants shall cover only the excess
5092	losses attributable to subplan "C," and assessments levied
5093	against subplan "D" participants shall cover only the excess
5094	losses attributable to subplan "D." In no event may the plan
5095	levy assessments against any person or entity except as
5096	authorized by this paragraph.Those assessable policies must be
5097	clearly identified as assessable by containing, in contrasting
5098	color and in not less than 10-point type, the following
5099	statements: "This is an assessable policy. If the plan is unable
5100	to pay its obligations, policyholders will be required to
5101	contribute on a pro rata earned premium basis the money
5102	necessary to meet any assessment levied."
5103	3.The plan may issue assessable policies with differing
5104	terms and conditions to different groups within subplan "C" and
5105	subplan "D"the planwhen a reasonable basis exists for the
5106	differentiation.
5107	4.The plan may offer rating, dividend plans, and other
5108	plans to encourage loss prevention programs.
5109	Section 35. Paragraphs (c) and (e) of subsection (3) of
5110	section 921.0022, Florida Statutes, are amended to read:
5111	921.0022 Criminal Punishment Code; offense severity
5112	ranking chart.--
5113	(3) OFFENSE SEVERITY RANKING CHART
5114	FloridaStatute FelonyDegree Description
5115	(c) LEVEL 3
5116	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
5117	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
5118	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
5119	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
5120	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
5121	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
5122	327.35(2)(b) 3rd Felony BUI.
5123	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
5124	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
5125	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
5126	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
5127	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
5128	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
5129	697.08 3rd Equity skimming.
5130	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
5131	796.05(1) 3rd Live on earnings of a prostitute.
5132	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
5133	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
5134	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
5135	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
5136	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
5137	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
5138	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
5139	817.233 3rd Burning to defraud insurer.
5140	817.234(8)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
5141	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
5142	817.505(4) 3rd Patient brokering.
5143	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
5144	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
5145	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
5146	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
5147	843.19 3rd Injure, disable, or kill police dog or horse.
5148	870.01(2) 3rd Riot; inciting or encouraging.
5149	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).
5150	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.
5151	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.
5152	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
5153	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
5154	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
5155	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
5156	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
5157	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.
5158	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.
5159	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
5160	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.
5161	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
5162	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
5163	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
5164	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
5165	(e) LEVEL 5
5166	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
5167	316.1935(4) 2nd Aggravated fleeing or eluding.
5168	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
5169	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
5170	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
5171
5172	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
5173	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
5174	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
5175	790.01(2) 3rd Carrying a concealed firearm.
5176	790.162 2nd Threat to throw or discharge destructive device.
5177	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
5178	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
5179	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
5180	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
5181	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
5182	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
5183	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
5184	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
5185	812.019(1) 2nd Stolen property; dealing in or trafficking in.
5186	812.131(2)(b) 3rd Robbery by sudden snatching.
5187	812.16(2) 3rd Owning, operating, or conducting a chop shop.
5188	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
5189	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
5190	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.
5191	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
5192	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
5193	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
5194	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.
5195	843.01 3rd Resist officer with violence to person; resist arrest with violence.
5196	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
5197	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).
5198	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.
5199	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.
5200	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.
5201	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.
5202	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).
5203	Section 36. Report to the Legislature regarding
5204	outstanding enforcement issues.--The Department of Financial
5205	Services shall, no later than January 1, 2004, provide a report
5206	to the President of the Senate, the Speaker of the House of
5207	Representatives, the minority leaders of the Senate and the
5208	House of Representatives, and the chairs of the standing
5209	committees of the Senate and the House of Representatives having
5210	jurisdiction over insurance issues, containing the following
5211	information:
5212	(1) Any provision of chapter 440, Florida Statutes,
5213	relating to workers' compensation carrier compliance and
5214	enforcement, that the department finds it is unable to enforce.
5215	(2) Any administrative rule relating to workers'
5216	compensation carrier compliance and enforcement that the
5217	department finds it is unable to enforce.
5218	(3) Any other impediment to enforcement of chapter 440,
5219	Florida Statutes, resulting from the transfer of activities from
5220	the former Department of Labor and Employment Security to the
5221	department or the reorganization of the former Department of
5222	Insurance into the department.
5223	Section 37. Subsection (2) of section 946.523, Florida
5224	Statutes, is amended to read:
5225	946.523 Prison industry enhancement (PIE) programs.--
5226	(2) Notwithstanding any other law to the contrary,
5227	including s. 440.15(8)(9), private sector employers shall
5228	provide workers' compensation coverage to inmates who
5229	participate in prison industry enhancement (PIE) programs under
5230	subsection (1). However, inmates are not entitled to
5231	unemployment compensation.
5232	Section 38. Paragraph (c) of subsection (5) of section
5233	985.315, Florida Statutes, is amended to read:
5234	985.315 Educational/technical and vocational work-related
5235	programs.--
5236	(5)
5237	(c) Notwithstanding any other law to the contrary,
5238	including s. 440.15(8)(9), private sector employers shall
5239	provide juveniles participating in juvenile work programs under
5240	paragraph (b) with workers' compensation coverage, and juveniles
5241	shall be entitled to the benefits of such coverage. Nothing in
5242	this subsection shall be construed to allow juveniles to
5243	participate in unemployment compensation benefits.
5244	Section 39. Section 440.1925, Florida Statutes, is
5245	repealed.
5246	Section 40. The amendments to ss. 440.02 and 440.15,
5247	Florida Statutes, which are made by this act shall not be
5248	construed to affect any determination of disability under s.
5249	112.18, s. 112.181, or s. 112.19, Florida Statutes.
5250	Section 41. If any law amended by this act was also
5251	amended by a law enacted at the 2003 Regular Session of the
5252	Legislature, such laws shall be construed as if they had been
5253	enacted at the same session of the Legislature, and full effect
5254	shall be given to each if possible.
5255	Section 42. Except as otherwise provided herein, this act
5256	shall take effect October 1, 2003.