1 | A bill to be entitled |
2 | An act relating to the Florida Birth-Related Neurological |
3 | Injury Compensation Plan; amending s. 766.309, F.S.; |
4 | requiring the administrative law judge to determine |
5 | whether factual determinations regarding required notice |
6 | to obstetrical patients of participation in the plan are |
7 | satisfied; providing exclusive jurisdiction to make such |
8 | determinations; providing legislative intent; amending s. |
9 | 766.315, F.S.; authorizing the State Board of |
10 | Administration to invest and reinvest funds held on behalf |
11 | of the plan pursuant to certain requirements; providing an |
12 | effective date. |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Paragraph (d) is added to subsection (1) of |
17 | section 766.309, Florida Statutes, to read: |
18 | 766.309 Determination of claims; presumption; findings of |
19 | administrative law judge binding on participants.-- |
20 | (1) The administrative law judge shall make the following |
21 | determinations based upon all available evidence: |
22 | (d) Whether, if raised by the claimant or other party, the |
23 | factual determinations regarding the notice requirements in s. |
24 | 766.316 are satisfied. The administrative law judge has the |
25 | exclusive jurisdiction to make these factual determinations. |
26 | Section 2. It is the intent of the Legislature that the |
27 | amendment to s. 766.309, Florida Statutes, contained in this |
28 | act, clarifies that since July 1, 1998, the administrative law |
29 | judge has had the exclusive jurisdiction to make factual |
30 | determinations as to whether the notice requirements in s. |
31 | 766.316, Florida Statutes, are satisfied. |
32 | Section 3. Paragraph (e) of subsection (5) of section |
33 | 766.315, Florida Statutes, is amended to read: |
34 | 766.315 Florida Birth-Related Neurological Injury |
35 | Compensation Association; board of directors.-- |
36 | (5) |
37 | (e) Funds held on behalf of the plan are funds of the |
38 | State of Florida. The association may only invest plan funds in |
39 | the investments and securities described in s. 215.47, and shall |
40 | be subject to the limitations on investments contained in that |
41 | section. All income derived from such investments will be |
42 | credited to the plan. The State Board of Administration may |
43 | invest and reinvest funds held on behalf of the plan in |
44 | accordance with the trust agreement approved by the association |
45 | and the State Board of Administration and within the provisions |
46 | of ss. 215.44-215.53. |
47 | Section 4. This act shall take effect upon becoming a law. |