Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1334
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Banking and Insurance (Broxson) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 183 and 184
    4  insert:
    5         Section 3. Subsections (16) and (17) are added to section
    6  440.107, Florida Statutes, to read:
    7         440.107 Department powers to enforce employer compliance
    8  with coverage requirements.—
    9         (16)(a)Each subcontractor contracting with a contractor as
   10  defined in s. 489.105(3) shall, in connection with each
   11  construction project contracted for and before commencement of
   12  work, provide to each of its contractors that it directly
   13  contracts with a written certification from a principal or an
   14  authorized officer of the subcontractor. The certification must
   15  contain an attestation that the subcontractor has secured
   16  workers’ compensation coverage for all of its employees,
   17  including leased employees pursuant to part XI of chapter 468,
   18  and that for all of its employees, including leased employees,
   19  for the duration of the contract, workers’ compensation
   20  insurance coverage will be maintained while the subcontractor is
   21  performing work for the contractor. Each contractor who receives
   22  such certification shall retain each certification for at least
   23  3 years after the termination date of the project.
   24         (b)The department shall verify the coverage attested to in
   25  certifications under this subsection.
   26         (c)An employee leasing company as defined in s. 468.520(5)
   27  shall provide the department with notice within 30 days after
   28  any employee of a client company, as defined in s. 468.520(6),
   29  which is operating pursuant to an employee leasing arrangement
   30  is denied workers compensation benefits by the employee leasing
   31  company or the carrier of the employee leasing company on the
   32  basis that the employee of the client company was not an
   33  employee of the employee leasing company.
   34         (d)The department shall adopt rules to administer this
   35  subsection.
   36         (17) The Office of Program Policy Analysis and Government
   37  Accountability shall conduct a study and prepare a report to
   38  determine the feasibility of regulation of employee leasing
   39  companies by the department. The study must include a survey of
   40  the regulation of employee leasing companies in other states and
   41  the staffing requirements and potential costs to the department.
   42  The report must be completed by October 1, 2020, and presented
   43  to the Governor, the Chief Financial Officer, the President of
   44  the Senate, and the Speaker of the House of Representatives.
   46  ================= T I T L E  A M E N D M E N T ================
   47  And the title is amended as follows:
   48         Delete line 15
   49  and insert:
   50         title; amending s. 440.107, F.S.; requiring a
   51         subcontractor, before commencement of work, to provide
   52         a specified written certification to each of its
   53         contractors relating to workers’ compensation coverage
   54         for the subcontractor’s employees; requiring
   55         contractors to retain the certifications for a certain
   56         time after a project ends; requiring the Department of
   57         Financial Services to verify coverage attested to in
   58         the certifications; requiring employee leasing
   59         companies to provide the department with notice of
   60         certain denied workers’ compensation benefits within a
   61         certain timeframe; requiring the department to adopt
   62         rules; requiring the Office of Program Policy Analysis
   63         and Government Accountability to perform a certain
   64         study and prepare a report relating to the feasibility
   65         of employee leasing company regulation by the
   66         department; requiring the report to be completed by a
   67         certain date and presented to the Governor, the Chief
   68         Financial Officer, and the Legislature; amending s.
   69         624.155, F.S.; revising