The Florida Senate

440.4416  Workers' Compensation Oversight Board.--

(1)  There is created within the Department of Labor and Employment Security the Workers' Compensation Oversight Board. The board shall be composed of the following members, each of whom has knowledge of, or experience with, the workers' compensation system:

(a)  Six members selected by the Governor, none of whom shall be a member of the Legislature at the time of appointment, consisting of the following:

1.  Two representatives of employers.

2.  Four representatives of employees, one of whom must be a representative of an employee's union whose members are covered by workers' compensation pursuant to this chapter.

(b)  Three members selected by the President of the Senate, none of whom shall be members of the Legislature at the time of appointment, consisting of:

1.  A representative of employers who employs at least 10 employees in Florida for which workers' compensation coverage is provided pursuant to this chapter, and who is a licensed general contractor actively engaged in the construction industry in this state.

2.  A representative of employers who employs fewer than 10 employees in Florida for which workers' compensation coverage is provided pursuant to this chapter.

3.  A representative of employees.

(c)  Three members selected by the Speaker of the House of Representatives, none of whom shall be members of the Legislature at the time of appointment, consisting of:

1.  A representative of employers who employs fewer than 10 employees in Florida and who is a licensed general contractor actively engaged in the construction industry in this state for which workers' compensation coverage is provided pursuant to this chapter.

2.  A representative of employers who employs at least 10 employees in Florida for which workers' compensation coverage is provided pursuant to this chapter.

3.  A representative of employees.

(d)  Additionally, the Insurance Commissioner and the secretary of the Department of Labor and Employment Security shall be nonvoting ex officio members.

(e)  The original appointments to the board shall be made on or before January 1, 1994. Vacancies in the membership of the board shall be filled in the same manner as the original appointments. Except as to ex officio members of the board, three appointees of the Governor, two appointees of the President of the Senate, and two appointees of the Speaker of the House of Representatives shall serve for terms of 2 years, and the remaining appointees shall serve for terms of 4 years. Thereafter, all members shall serve for terms of 4 years; except that a vacancy shall be filled by appointment for the remainder of the term. The board shall have an organizational meeting on or before March 1, 1994, the time and place of such meeting to be determined by the Governor.

(f)  Each member is accountable to the Governor for proper performance of his or her duties as a member of the board. The Governor may remove from office any member for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or for pleading guilty or nolo contendere to, or having been adjudicated guilty of, a first degree misdemeanor or a felony.

(g)  A vacancy shall occur upon failure of a member to attend four consecutive meetings of the board or 50 percent of the meetings of the board during a 12-month period, unless the board by majority votes to excuse the absence of such member.

(2)  POWERS AND DUTIES; ORGANIZATION.--

(a)  The board shall have all the powers necessary and convenient to carry out and effectuate the purposes of this section, including, but not limited to, the power to:

1.  Conduct public hearings.

2.  Report to the Legislature by January 1, 1995, as to the feasibility of a return-to-work program that includes incentives for employers who encourage such a program and disincentives for employers who hinder such a program.

3.  Prescribe qualifications for board employees.

4.  Appear on its own behalf before other boards, commissions, or agencies of the state or Federal Government.

5.  Make and execute contracts to the extent that such contracts are consistent with duties and powers set forth in this section and elsewhere in the law of this state.

(b)  The board shall adopt bylaws, formulate workers' compensation legislation or amendments, review, advise, and appear before the Legislature in connection with legislation that impacts the workers' compensation system, advise the division on policy, administrative and legislative issues, and appear before other state or federal agencies in connection with matters impacting the workers' compensation system.

(c)  The board shall select a chair who shall serve for a period of 2 years and until a successor is elected and qualified. The chair shall be the chief administrative officer of the board and shall have the authority to plan, direct, coordinate, and execute the powers and duties of the board.

(d)  The board shall hold such meetings during the year as it deems necessary, except that the chair, a quorum of the board, or the division may call meetings. The board shall maintain transcripts of each meeting. Such transcripts shall be available to any interested person in accordance with chapter 119.

(e)  The board shall approve the bylaws or amendments thereto by unanimous vote. All other board actions or recommendations shall be approved by not less than a majority vote of employee representatives and majority vote of employer representatives, unless the bylaws otherwise provide.

(3)  EXECUTIVE DIRECTOR; EXPENSES.--

(a)  The board shall appoint an executive director to direct and supervise the administrative affairs and general management of the board who shall be subject to the provisions of part IV of chapter 110. The executive director may employ persons and obtain technical assistance as authorized by the board and shall attend all meetings of the board. Board employees shall be exempt from part II of chapter 110.

(b)  In addition to per diem and travel expenses authorized by s. 112.061, board members shall receive compensation of $50 for each full day allocable to business of the board. The board shall promulgate procedures defining "business" for purposes of receiving compensation. Such procedures shall require each member to maintain time records and submit such records to the executive director on a monthly basis. Failure to timely file such monthly record shall extinguish the member's entitlement to compensation for the subject period. Travel outside this state shall be approved by the secretary of the department. Expenses associated with the administration of this section shall be appropriated and paid for from the trust fund created by s. 440.50.

History.--s. 38, ch. 93-415; s. 126, ch. 97-103.