Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 986
       
       
       
       
       
       
                                Ì756866ZÎ756866                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2016           .                                
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       The Committee on Banking and Insurance (Smith) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 45 - 110
    4  and insert:
    5         Section 1. Section 440.021, Florida Statutes, is amended to
    6  read:
    7         440.021 Exemption of workers’ compensation from chapter
    8  120.—Workers’ compensation adjudications by judges of
    9  compensation claims are exempt from chapter 120, and no judge of
   10  compensation claims shall be considered an agency or a part
   11  thereof. Communications of the result of investigations by the
   12  department pursuant to s. 440.185(3) s. 440.185(4) are exempt
   13  from chapter 120. In all instances in which the department
   14  institutes action to collect a penalty or interest which may be
   15  due pursuant to this chapter, the penalty or interest shall be
   16  assessed without hearing, and the party against which such
   17  penalty or interest is assessed shall be given written notice of
   18  such assessment and shall have the right to protest within 20
   19  days of such notice. Upon receipt of a timely notice of protest
   20  and after such investigation as may be necessary, the department
   21  shall, if it agrees with such protest, notify the protesting
   22  party that the assessment has been revoked. If the department
   23  does not agree with the protest, it shall refer the matter to
   24  the judge of compensation claims for determination pursuant to
   25  s. 440.25(2)-(5). Such action of the department is exempt from
   26  the provisions of chapter 120.
   27         Section 2. Subsections (1), (2), (3), (5), (10), and (11)
   28  of section 440.05, Florida Statutes, are amended to read:
   29         440.05 Election of exemption; revocation of election;
   30  notice; certification.—
   31         (1) Each corporate officer who elects not to accept the
   32  provisions of this chapter or who, after electing such
   33  exemption, revokes that exemption shall submit mail to the
   34  department in Tallahassee notice to such effect in accordance
   35  with a form to be prescribed by the department.
   36         (2) Each sole proprietor or partner who elects to be
   37  included in the definition
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40  And the title is amended as follows:
   41         Delete lines 3 - 7
   42  and insert:
   43         administration; amending s. 440.021, F.S.; conforming
   44         a cross-reference; amending s. 440.05, F.S.; deleting
   45         a required item to be