Senate Bill sb1172

    Florida Senate - 2005                                  SB 1172

    By Senator Jones





    13-734A-05

  1                      A bill to be entitled

  2         An act relating to the Florida Birth-Related

  3         Neurological Injury Compensation Plan; amending

  4         s. 766.309, F.S.; authorizing an administrative

  5         law judge to determine if the notice

  6         requirements have been satisfied when a claim

  7         is made under the Florida Birth-Related

  8         Neurological Injury Compensation Plan;

  9         providing legislative intent with respect to a

10         provision clarifying the jurisdiction of an

11         administrative law judge; amending s. 766.315,

12         F.S.; authorizing the State Board of

13         Administration to invest funds held on behalf

14         of the Florida Birth-Related Neurological

15         Injury Compensation Plan; providing an

16         effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Paragraph (d) is added to subsection (1) of

21  section 766.309, Florida Statutes, to read:

22         766.309  Determination of claims; presumption; findings

23  of administrative law judge binding on participants.--

24         (1)  The administrative law judge shall make the

25  following determinations based upon all available evidence:

26         (d)  Whether, if raised by the claimant or other party,

27  the factual determinations regarding the notice requirements

28  in s. 766.316 are satisfied. The administrative law judge has

29  the exclusive jurisdiction to make these factual

30  determinations.

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1172
    13-734A-05




 1         Section 2.  The amendment to section 766.309, Florida

 2  Statutes, contained in this act, is intended to clarify that

 3  since July 1, 1998, the administrative law judge has had the

 4  exclusive jurisdiction to make factual determinations as to

 5  whether the notice requirements in section 766.316, Florida

 6  Statutes, are satisfied.

 7         Section 3.  Paragraph (e) of subsection (5) of section

 8  766.315, Florida Statutes, is amended to read:

 9         766.315  Florida Birth-Related Neurological Injury

10  Compensation Association; board of directors.--

11         (5)

12         (e)  Funds held on behalf of the plan are funds of the

13  State of Florida. The association may only invest plan funds

14  in the investments and securities described in s. 215.47, and

15  shall be subject to the limitations on investments contained

16  in that section. All income derived from such investments will

17  be credited to the plan. The State Board of Administration may

18  invest and reinvest funds held on behalf of the plan in

19  accordance with the trust agreement approved by the

20  association and the State Board of Administration and within

21  the provisions of ss. 215.44-215.53.

22         Section 4.  This act shall take effect upon becoming a

23  law.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Authorizes an administrative law judge to determine if
      the notice requirements have been satisfied when a claim
28    is made under the Florida Birth-Related Neurological
      Injury Compensation Plan. Authorizes the State Board of
29    Administration to invest funds held on behalf of the
      Florida Birth-Related Neurological Injury Compensation
30    Plan.

31  

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CODING: Words stricken are deletions; words underlined are additions.