Senate Bill sb0542er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2006 Legislature SB 542
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2 An act relating to the Florida Birth-Related
3 Neurological Injury Compensation Plan; amending
4 s. 766.309, F.S.; requiring the administrative
5 law judge to determine whether factual
6 determinations regarding required notice to
7 obstetrical patients of participation in the
8 plan are satisfied; providing exclusive
9 jurisdiction to make such determinations;
10 providing legislative intent; amending s.
11 766.315, F.S.; authorizing the State Board of
12 Administration to invest and reinvest funds
13 held on behalf of the plan pursuant to certain
14 requirements; providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Paragraph (d) is added to subsection (1) of
19 section 766.309, Florida Statutes, to read:
20 766.309 Determination of claims; presumption; findings
21 of administrative law judge binding on participants.--
22 (1) The administrative law judge shall make the
23 following determinations based upon all available evidence:
24 (d) Whether, if raised by the claimant or other party,
25 the factual determinations regarding the notice requirements
26 in s. 766.316 are satisfied. The administrative law judge has
27 the exclusive jurisdiction to make these factual
28 determinations.
29 Section 2. It is the intent of the Legislature that
30 the amendment to s. 766.309, Florida Statutes, contained in
31 this act, clarifies that since July 1, 1998, the
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CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2006 Legislature SB 542
1 administrative law judge has had the exclusive jurisdiction to
2 make factual determinations as to whether the notice
3 requirements in s. 766.316, Florida Statutes, are satisfied.
4 Section 3. Paragraph (e) of subsection (5) of section
5 766.315, Florida Statutes, is amended to read:
6 766.315 Florida Birth-Related Neurological Injury
7 Compensation Association; board of directors.--
8 (5)
9 (e) Funds held on behalf of the plan are funds of the
10 State of Florida. The association may only invest plan funds
11 in the investments and securities described in s. 215.47, and
12 shall be subject to the limitations on investments contained
13 in that section. All income derived from such investments will
14 be credited to the plan. The State Board of Administration may
15 invest and reinvest funds held on behalf of the plan in
16 accordance with the trust agreement approved by the
17 association and the State Board of Administration and within
18 the provisions of ss. 215.44-215.53.
19 Section 4. This act shall take effect upon becoming a
20 law.
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