HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Council for Smarter Government offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  (1)  The Division of Workers' Compensation
18  of the Department of Labor and Employment Security is
19  transferred by a type two transfer, as defined in section
20  20.06(2), Florida Statutes, to the Department of Insurance,
21  except as otherwise provided in this section. The transfers to
22  the Department of Insurance shall include all resources, data,
23  records, property, and unexpended balances of appropriations,
24  allocations, or other funds. No personnel are transferred to
25  the Department of Insurance. The employees of the Department
26  of Labor and Employment Security's Division of Workers'
27  Compensation, Office of the Secretary, Office of
28  Administrative Services, and Office of General Counsel
29  employed by the Department of Labor and Employment Security as
30  of March 1, 2001 may be given hiring priority by the
31  Department of Insurance, and at least 300 of these employees
                                  1
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  shall be offered employment by the Department of Insurance,
 2  effective October 1, 2001. To the extent feasible, the
 3  positions established by the Department of Insurance will be
 4  at pay grades comparable to the positions established by the
 5  Department of Labor and Employment Security based on the
 6  classification code and specifications of the positions for
 7  work to be performed at the Department of Insurance. Offers of
 8  employment to the 300 employees must be tendered no later than
 9  August 15, 2001. The Department of Labor and Employment
10  Security shall offer, and if accepted provide, job placement
11  assistance to those employees not offered employment by the
12  Department of Insurance. After October 1, 2001, such
13  assistance, upon request, shall be provided to these employees
14  by the Agency for Workforce Innovation. The Department of
15  Insurance shall determine the number of positions needed to
16  administer the provisions of chapter 440, Florida Statutes.
17  The number of positions the department determines is needed
18  may not exceed the number of authorized positions and salary
19  and benefits that was authorized for the Division of Workers'
20  Compensation within the Department of Labor and Employment
21  Security prior to the transfer. Upon transfer of the Division
22  of Workers' Compensation, the number of required positions as
23  determined by the department shall be authorized within the
24  agency. The Department of Insurance is further authorized to
25  reassign, reorganize, or otherwise transfer positions to
26  appropriate administrative subdivisions within the department
27  and to establish such regional offices as are necessary to
28  properly enforce and administer its responsibilities under the
29  Florida Insurance Code and chapter 440, Florida Statutes. The
30  department may also enter into contracts with public or
31  private entities to administer its duties and responsibilities
                                  2
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  associated with the transfer of the Division of Workers'
 2  Compensation. All existing contracts related to those
 3  functions that are transferred to the Department of Insurance
 4  are subject to cancellation or renewal upon review by the
 5  Department of Insurance.
 6         (2)  Three senior attorney positions and one
 7  administrative assistant III position, and the related
 8  property and unexpended balances of appropriations,
 9  allocations, and other funds, are transferred from the Office
10  of General Counsel of the Department of Labor and Employment
11  Security to the Department of Insurance by a type two
12  transfer, as defined in section 20.06(2), Florida Statutes.
13         (3)  The Office of the Judges of Compensation Claims is
14  transferred by a type two transfer, as defined in section
15  20.06(2), Florida Statutes, from the Department of Labor and
16  Employment Security to the Division of Administrative Hearings
17  of the Department of Management Services.
18         (4)  Four positions within the Division of Workers'
19  Compensation of the Department of Labor and Employment
20  Security responsible for coding or entering data contained
21  within final orders issued by the judges of compensation
22  claims are transferred by a type two transfer, as defined in
23  section 20.06(2), Florida Statutes, to the Office of the
24  Judges of Compensation Claims within the Division of
25  Administrative Hearings of the Department of Management
26  Services.
27         (5)  Ten positions within the Division of Workers'
28  Compensation of the Department of Labor and Employment
29  Security responsible for receiving and preparing docketing
30  orders for the petitions for benefits and for receiving and
31  entering data related to the petitions for benefits are
                                  3
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  transferred by a type two transfer, as defined in section
 2  20.06(2), Florida Statutes, to the Office of the Judges of
 3  Compensation Claims within the Division of Administrative
 4  Hearings of the Department of Management Services.
 5         (6)  Four positions within the Division of Workers'
 6  Compensation of the Department of Labor and Employment
 7  Security responsible for financial management, accounting, and
 8  budgeting for the Office of the Judges of Compensation Claims
 9  are transferred by a type two transfer, as defined in section
10  20.06(2), Florida Statutes, to the Office of the Judges of
11  Compensation Claims within the Division of Administrative
12  Hearings of the Department of Management Services.
13         (7)  Twenty-nine full-time equivalent positions from
14  the Division of Workers' Compensation of the Department of
15  Labor and Employment Security and the records, property, and
16  unexpended balances of appropriations, allocations, and other
17  funds related to oversight of medical services in workers'
18  compensation provider relations, dispute and complaint
19  resolution, program evaluation, and data management are
20  transferred by a type two transfer, as defined in section
21  20.06(2), Florida Statutes, from the Department of Labor and
22  Employment Security to the Agency for Health Care
23  Administration. However, the claims review functions and
24  three-member panel shall not be so transferred and shall be
25  retained by the Department of Insurance.
26         (8)  All statutory powers, duties, functions, rules,
27  records, personnel, property, and unexpended balances of
28  appropriations, allocations, and other funds of the Division
29  of Workers' Compensation, Office of Medical Services and
30  Rehabilitation, related to reemployment, training and
31  education, obligations to rehire, and preferred worker
                                  4
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  requirements, consisting of 98 full-time equivalent positions,
 2  are transferred by a type two transfer, as defined in section
 3  20.06(2), Florida Statutes, from the Department of Labor and
 4  Employment Security to the Department of Education.
 5         (9)  Except as provided in this section, the records,
 6  property, and unexpended balances of appropriations,
 7  allocations, and other funds and resources of the Office of
 8  the Secretary and the Office of Administrative Services of the
 9  Department of Labor and Employment Security which support the
10  activities and functions of the Division of Workers'
11  Compensation are transferred by a type two transfer as defined
12  in section 20.06(2), Florida Statutes, to the Department of
13  Insurance. The Department of Insurance, in consultation with
14  the Department of Labor and Employment Security, shall
15  determine the number of positions needed for administrative
16  support of the programs within the Division of Workers'
17  Compensation as transferred to the Department of Insurance.
18  The number of administrative support positions that the
19  Department of Insurance determines is needed may not exceed
20  the number of administrative support positions that was
21  authorized for the Department of Labor and Employment Security
22  for this purpose prior to the transfer. Upon transfer of the
23  Division of Workers' Compensation, the number of required
24  administrative support positions as determined by the
25  Department of Insurance shall be authorized within the
26  Department of Insurance.
27         (10)  All the personnel, records, property, and
28  unexpended balances of appropriations, allocations, and other
29  funds and resources of the Office of the Secretary and the
30  Office of Administrative Services of the Department of Labor
31  and Employment Security which support the activities and
                                  5
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  functions transferred under subsections (7) and (8) to the
 2  Department of Education are transferred by a type two transfer
 3  as defined in section 20.06(2), Florida Statutes, to the
 4  Department of Education.
 5         (11)  The records, property, and unexpended balances of
 6  appropriations, allocations, and other funds and resources of
 7  the Office of the Secretary and the Office of Administrative
 8  Services of the Department of Labor and Employment Security
 9  which support the activities and functions transferred under
10  subsection (7) to the Agency for Health Care Administration
11  are transferred by a type two transfer as defined in section
12  20.06(2), Florida Statutes, to the Agency for Health Care
13  Administration.
14         (12)  Effective July 1, 2001, all powers, duties,
15  functions, rules, records, personnel, property, and unexpended
16  balances of appropriations, allocations, and other funds of
17  the Unemployment Appeals Commission relating to the
18  commission's specified authority, powers, duties, and
19  responsibilities are transferred by a type two transfer, as
20  defined in s. 20.06(2), Florida Statutes, to the Agency for
21  Workforce Innovation.
22         (13)  Effective July 1, 2001, all powers, duties,
23  functions, rules, records, personnel, property, and unexpended
24  balances of appropriations, allocations, and other funds of
25  the Public Employees Relations Commission relating to the
26  commission's specified authority, powers, duties, and
27  responsibilities are transferred by a type two transfer, as
28  defined in s. 20.06(2), Florida Statutes, to the Department of
29  Management Services.
30         (14)  Effective July 1, 2001, the Office of Information
31  Systems is transferred by a type two transfer, as defined in
                                  6
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  s. 20.06(2), Florida Statutes, from the Department of Labor
 2  and Employment Security to the State Technology Office.
 3         (15)(a)  Effective July 1, 2001, the records, property,
 4  and unexpended balances of appropriations, allocations, and
 5  other funds and resources of the Office of the Secretary and
 6  the Office of Administrative Services of the Department of
 7  Labor and Employment Security which support the activities and
 8  functions transferred under subsection (12) to the Agency for
 9  Workforce Innovation are transferred as provided in s.
10  20.06(2), Florida Statutes, to the Agency for Workforce
11  Innovation.
12         (b)  Effective July 1, 2001, the records, property, and
13  unexpended balances of appropriations, allocations, and other
14  funds and resources of the Office of the Secretary and the
15  Office of Administrative Services of the Department of Labor
16  and Employment Security which support the activities and
17  functions transferred under subsection (13) to the Department
18  of Management Services are transferred as provided in s.
19  20.06(2), Florida Statutes, to the Department of Management
20  Services.
21         (c)  Effective July 1, 2001, the records, property, and
22  unexpended balances of appropriations, allocations, and other
23  funds and resources of the Office of the Secretary and the
24  Office of Administrative Services of the Department of Labor
25  and Employment Security which support the activities and
26  functions transferred under subsection (14) to the State
27  Technology Office are transferred as provided in s. 20.06(2),
28  Florida Statutes, to the State Technology Office.
29         (16)  This act does not affect the validity of any
30  judicial or administrative proceeding involving the Department
31  of Labor and Employment Security, which is pending as of the
                                  7
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  effective date of any transfer under this act. The successor
 2  department, agency, or entity responsible for the program,
 3  activity, or function relative to the proceeding shall be
 4  substituted, as of the effective date of the applicable
 5  transfer under this act, for the Department of Labor and
 6  Employment Security as a party in interest in any such
 7  proceedings.
 8         (17)  Effective July 1, 2001, eleven full-time
 9  equivalent positions from the Division of Workers'
10  Compensation of the Department of Labor and Employment
11  Security, and the powers, duties, functions, rules, records,
12  personnel, property, and unexpended balances of
13  appropriations, allocations, and other funds related to the
14  administration of child labor laws under chapter 450, Florida
15  Statutes, are transferred by a type two transfer, as defined
16  in section 20.06(2), Florida Statutes, from the Department of
17  Labor and Employment Security to the Department of Business
18  and Professional Regulation.
19         (18)  Effective July 1, 2001, thirty full-time
20  equivalent positions from the Compliance and Enforcement
21  Program in the Office of the Secretary and Administrative
22  Services and one senior attorney and one administrative
23  secretary from the Office of General Counsel in the Office of
24  the Secretary and Administrative Services, and the powers,
25  duties, functions, rules, records, personnel, property, and
26  unexpended balances of appropriations, allocations, and other
27  funds of the Office of the Secretary and Administrative
28  Services of the Department of Labor and Employment Security
29  related to the regulation of labor organizations under chapter
30  447, Florida Statutes, and the administration of migrant labor
31  and farm labor laws under chapter 450, Florida Statutes, are
                                  8
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  transferred by a type two transfer, as defined in section
 2  20.06 (2), Florida Statutes, from the Department of Labor and
 3  Employment Security to the Department of Business and
 4  Professional Regulation.
 5         (19)  Effective July 1, 2001, any other powers, duties,
 6  functions, rules, records, property, and unexpended balances
 7  of appropriations, allocations, and other funds of the
 8  Department of Labor and Employment Security not otherwise
 9  transferred by this act, relating to workplace regulation and
10  enforcement, including, but not limited to, those under
11  chapter 448, Florida Statutes, are transferred by a type two
12  transfer, as defined in section 20.06(2), Florida Statutes,
13  from the Department of Labor and Employment Security to the
14  Department of Business and Professional Regulation.
15         (20)  Effective July 1, 2001, the records, property,
16  and unexpended balances of appropriations, allocations, and
17  other funds and resources of the Office of the Secretary and
18  Administrative Services of the Department of Labor and
19  Employment Security which support the activities and functions
20  transferred under subsections (17), (18), and (19) to the
21  Department of Business and Professional Regulation are
22  transferred as provided in section 20.06(2), Florida Statutes,
23  to the Department of Business and Professional Regulation.
24         (21)  Notwithstanding any other provision of law, any
25  binding contract or interagency agreement existing on or
26  before October 1, 2001, between the Department of Labor and
27  Employment Security, or an entity or agent of the department,
28  and any other agency, entity, or person shall continue as a
29  binding contract or agreement for the remainder of the term of
30  such contract or agreement with the successor department,
31  agency, or entity responsible for the program, activity, or
                                  9
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  functions relative to the contract or agreement.
 2         Section 2.  Paragraph (k) is added to subsection (2) of
 3  section 20.13, Florida Statutes, to read:
 4         20.13  Department of Insurance.--There is created a
 5  Department of Insurance.
 6         (2)  The following divisions of the Department of
 7  Insurance are established:
 8         (k)  Division of Workers' Compensation.
 9         Section 3.  Section 20.171, Florida Statutes, is
10  repealed.
11         Section 4.  Paragraph (1) of subsection (2) of section
12  110.205, Florida Statutes, is amended to read:
13         110.205  Career service; exemptions.--
14         (2)  EXEMPT POSITIONS.--The exempt positions which are
15  not covered by this part include the following, provided that
16  no position, except for positions established for a limited
17  period of time pursuant to paragraph (h), shall be exempted if
18  the position reports to a position in the career service:
19         (l)  All assistant division director, deputy division
20  director, and bureau chief positions in any department, and
21  those positions determined by the department to have
22  managerial responsibilities comparable to such positions,
23  which positions include, but are not limited to, positions in
24  the Department of Health, the Department of Children and
25  Family Services, and the Department of Corrections that are
26  assigned primary duties of serving as the superintendent or
27  assistant superintendent, or warden or assistant warden, of an
28  institution; positions in the Department of Corrections that
29  are assigned primary duties of serving as the circuit
30  administrator or deputy circuit administrator; positions in
31  the Department of Transportation that are assigned primary
                                  10
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  duties of serving as regional toll managers and managers of
 2  offices as defined in s. 20.23(3)(d)3. and (4)(d); positions
 3  in the Department of Environmental Protection that are
 4  assigned the duty of an Environmental Administrator or program
 5  administrator; those positions described in s. 20.171 as
 6  included in the Senior Management Service; and positions in
 7  the Department of Health that are assigned the duties of
 8  Environmental Administrator, Assistant County Health
 9  Department Director, and County Health Department Financial
10  Administrator. Unless otherwise fixed by law, the department
11  shall set the salary and benefits of these positions in
12  accordance with the rules established for the Selected Exempt
13  Service.
14         Section 5.  Section 440.015, Florida Statutes, is
15  amended to read:
16         440.015  Legislative intent.--It is the intent of the
17  Legislature that the Workers' Compensation Law be interpreted
18  so as to assure the quick and efficient delivery of disability
19  and medical benefits to an injured worker and to facilitate
20  the worker's return to gainful reemployment at a reasonable
21  cost to the employer. It is the specific intent of the
22  Legislature that workers' compensation cases shall be decided
23  on their merits. The workers' compensation system in Florida
24  is based on a mutual renunciation of common-law rights and
25  defenses by employers and employees alike. In addition, it is
26  the intent of the Legislature that the facts in a workers'
27  compensation case are not to be interpreted liberally in favor
28  of either the rights of the injured worker or the rights of
29  the employer. Additionally, the Legislature hereby declares
30  that disputes concerning the facts in workers' compensation
31  cases are not to be given a broad liberal construction in
                                  11
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  favor of the employee on the one hand or of the employer on
 2  the other hand, and the laws pertaining to workers'
 3  compensation are to be construed in accordance with the basic
 4  principles of statutory construction and not liberally in
 5  favor of either employee or employer. It is the intent of the
 6  Legislature to ensure the prompt delivery of benefits to the
 7  injured worker. Therefore, an efficient and self-executing
 8  system must be created which is not an economic or
 9  administrative burden. The Division of Workers' Compensation
10  of the Department of Insurance, the Department of Education,
11  and the Agency for Health Care Administration shall administer
12  the Workers' Compensation Law in a manner that which
13  facilitates the self-execution of the system and the process
14  of ensuring a prompt and cost-effective delivery of payments.
15         Section 6.  Subsections (11), (13), and (14) of section
16  440.02, Florida Statutes, are amended, and subsection (40) is
17  added to that section, to read:
18         440.02  Definitions.--When used in this chapter, unless
19  the context clearly requires otherwise, the following terms
20  shall have the following meanings:
21         (11)  "Department" means the Department of Insurance
22  Labor and Employment Security.
23         (13)  "Division" means the Division of Workers'
24  Compensation of the Department of Insurance Labor and
25  Employment Security.
26         (14)(a)  "Employee" means any person engaged in any
27  employment under any appointment or contract of hire or
28  apprenticeship, express or implied, oral or written, whether
29  lawfully or unlawfully employed, and includes, but is not
30  limited to, aliens and minors.
31         (b)  "Employee" includes any person who is an officer
                                  12
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  of a corporation and who performs services for remuneration
 2  for such corporation within this state, whether or not such
 3  services are continuous.
 4         1.  Any officer of a corporation may elect to be exempt
 5  from this chapter by filing written notice of the election
 6  with the department division as provided in s. 440.05.
 7         2.  As to officers of a corporation who are actively
 8  engaged in the construction industry, no more than three
 9  officers may elect to be exempt from this chapter by filing
10  written notice of the election with the department division as
11  provided in s. 440.05.
12         3.  An officer of a corporation who elects to be exempt
13  from this chapter by filing a written notice of the election
14  with the department division as provided in s. 440.05 is not
15  an employee.
16  
17  Services are presumed to have been rendered to the corporation
18  if the officer is compensated by other than dividends upon
19  shares of stock of the corporation which the officer owns.
20         (c)  "Employee" includes a sole proprietor or a partner
21  who devotes full time to the proprietorship or partnership
22  and, except as provided in this paragraph, elects to be
23  included in the definition of employee by filing notice
24  thereof as provided in s. 440.05. Partners or sole proprietors
25  actively engaged in the construction industry are considered
26  employees unless they elect to be excluded from the definition
27  of employee by filing written notice of the election with the
28  department division as provided in s. 440.05. However, no more
29  than three partners in a partnership that is actively engaged
30  in the construction industry may elect to be excluded. A sole
31  proprietor or partner who is actively engaged in the
                                  13
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  construction industry and who elects to be exempt from this
 2  chapter by filing a written notice of the election with the
 3  department division as provided in s. 440.05 is not an
 4  employee. For purposes of this chapter, an independent
 5  contractor is an employee unless he or she meets all of the
 6  conditions set forth in subparagraph (d)1.
 7         (d)  "Employee" does not include:
 8         1.  An independent contractor, if:
 9         a.  The independent contractor maintains a separate
10  business with his or her own work facility, truck, equipment,
11  materials, or similar accommodations;
12         b.  The independent contractor holds or has applied for
13  a federal employer identification number, unless the
14  independent contractor is a sole proprietor who is not
15  required to obtain a federal employer identification number
16  under state or federal requirements;
17         c.  The independent contractor performs or agrees to
18  perform specific services or work for specific amounts of
19  money and controls the means of performing the services or
20  work;
21         d.  The independent contractor incurs the principal
22  expenses related to the service or work that he or she
23  performs or agrees to perform;
24         e.  The independent contractor is responsible for the
25  satisfactory completion of work or services that he or she
26  performs or agrees to perform and is or could be held liable
27  for a failure to complete the work or services;
28         f.  The independent contractor receives compensation
29  for work or services performed for a commission or on a
30  per-job or competitive-bid basis and not on any other basis;
31         g.  The independent contractor may realize a profit or
                                  14
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  suffer a loss in connection with performing work or services;
 2         h.  The independent contractor has continuing or
 3  recurring business liabilities or obligations; and
 4         i.  The success or failure of the independent
 5  contractor's business depends on the relationship of business
 6  receipts to expenditures.
 7  
 8  However, the determination as to whether an individual
 9  included in the Standard Industrial Classification Manual of
10  1987, Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762,
11  0781, 0782, 0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436,
12  2448, or 2449, or a newspaper delivery person, is an
13  independent contractor is governed not by the criteria in this
14  paragraph but by common-law principles, giving due
15  consideration to the business activity of the individual.
16         2.  A real estate salesperson or agent, if that person
17  agrees, in writing, to perform for remuneration solely by way
18  of commission.
19         3.  Bands, orchestras, and musical and theatrical
20  performers, including disk jockeys, performing in licensed
21  premises as defined in chapter 562, if a written contract
22  evidencing an independent contractor relationship is entered
23  into before the commencement of such entertainment.
24         4.  An owner-operator of a motor vehicle who transports
25  property under a written contract with a motor carrier which
26  evidences a relationship by which the owner-operator assumes
27  the responsibility of an employer for the performance of the
28  contract, if the owner-operator is required to furnish the
29  necessary motor vehicle equipment and all costs incidental to
30  the performance of the contract, including, but not limited
31  to, fuel, taxes, licenses, repairs, and hired help; and the
                                  15
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  owner-operator is paid a commission for transportation service
 2  and is not paid by the hour or on some other time-measured
 3  basis.
 4         5.  A person whose employment is both casual and not in
 5  the course of the trade, business, profession, or occupation
 6  of the employer.
 7         6.  A volunteer, except a volunteer worker for the
 8  state or a county, municipality, or other governmental entity.
 9  A person who does not receive monetary remuneration for
10  services is presumed to be a volunteer unless there is
11  substantial evidence that a valuable consideration was
12  intended by both employer and employee. For purposes of this
13  chapter, the term "volunteer" includes, but is not limited to:
14         a.  Persons who serve in private nonprofit agencies and
15  who receive no compensation other than expenses in an amount
16  less than or equivalent to the standard mileage and per diem
17  expenses provided to salaried employees in the same agency or,
18  if such agency does not have salaried employees who receive
19  mileage and per diem, then such volunteers who receive no
20  compensation other than expenses in an amount less than or
21  equivalent to the customary mileage and per diem paid to
22  salaried workers in the community as determined by the
23  department division; and
24         b.  Volunteers participating in federal programs
25  established under Pub. L. No. 93-113.
26         7.  Any officer of a corporation who elects to be
27  exempt from this chapter.
28         8.  A sole proprietor or officer of a corporation who
29  actively engages in the construction industry, and a partner
30  in a partnership that is actively engaged in the construction
31  industry, who elects to be exempt from the provisions of this
                                  16
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  chapter. Such sole proprietor, officer, or partner is not an
 2  employee for any reason until the notice of revocation of
 3  election filed pursuant to s. 440.05 is effective.
 4         9.  An exercise rider who does not work for a single
 5  horse farm or breeder, and who is compensated for riding on a
 6  case-by-case basis, provided a written contract is entered
 7  into prior to the commencement of such activity which
 8  evidences that an employee/employer relationship does not
 9  exist.
10         10.  A taxicab, limousine, or other passenger
11  vehicle-for-hire driver who operates said vehicles pursuant to
12  a written agreement with a company which provides any
13  dispatch, marketing, insurance, communications, or other
14  services under which the driver and any fees or charges paid
15  by the driver to the company for such services are not
16  conditioned upon, or expressed as a proportion of, fare
17  revenues.
18         (40)  "Agency" means the Agency for Health Care
19  Administration.
20         Section 7.  Section 440.021, Florida Statutes, is
21  amended to read:
22         440.021  Exemption of workers' compensation from
23  chapter 120.--Workers' compensation adjudications by judges of
24  compensation claims are exempt from chapter 120, and no judge
25  of compensation claims shall be considered an agency or a part
26  thereof. Communications of the result of investigations by the
27  department division pursuant to s. 440.185(4) are exempt from
28  chapter 120. In all instances in which the department division
29  institutes action to collect a penalty or interest which may
30  be due pursuant to this chapter, the penalty or interest shall
31  be assessed without hearing, and the party against which such
                                  17
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  penalty or interest is assessed shall be given written notice
 2  of such assessment and shall have the right to protest within
 3  20 days of such notice. Upon receipt of a timely notice of
 4  protest and after such investigation as may be necessary, the
 5  department division shall, if it agrees with such protest,
 6  notify the protesting party that the assessment has been
 7  revoked.  If the department division does not agree with the
 8  protest, it shall refer the matter to the judge of
 9  compensation claims for determination pursuant to s.
10  440.25(2)-(5).  Such action of the department division is
11  exempt from the provisions of chapter 120.
12         Section 8.  Section 440.05, Florida Statutes, is
13  amended to read:
14         440.05  Election of exemption; revocation of election;
15  notice; certification.--
16         (1)  Each corporate officer who elects not to accept
17  the provisions of this chapter or who, after electing such
18  exemption, revokes that exemption shall mail to the department
19  division in Tallahassee notice to such effect in accordance
20  with a form to be prescribed by the department division.
21         (2)  Each sole proprietor or partner who elects to be
22  included in the definition of "employee" or who, after such
23  election, revokes that election must mail to the department
24  division in Tallahassee notice to such effect, in accordance
25  with a form to be prescribed by the department division.
26         (3)  Each sole proprietor, partner, or officer of a
27  corporation who is actively engaged in the construction
28  industry and who elects an exemption from this chapter or who,
29  after electing such exemption, revokes that exemption, must
30  mail a written notice to such effect to the department
31  division on a form prescribed by the department division
                                  18
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  notice of election to be exempt from the provisions of this
 2  chapter must be notarized and under oath. The notice of
 3  election to be exempt which is submitted to the department
 4  division by the sole proprietor, partner, or officer of a
 5  corporation must list the name, federal tax identification
 6  number, social security number, all certified or registered
 7  licenses issued pursuant to chapter 489 held by the person
 8  seeking the exemption, a copy of relevant documentation as to
 9  employment status filed with the Internal Revenue Service as
10  specified by the department division, a copy of the relevant
11  occupational license in the primary jurisdiction of the
12  business, and, for corporate officers and partners, the
13  registration number of the corporation or partnership filed
14  with the Division of Corporations of the Department of State.
15  The notice of election to be exempt must identify each sole
16  proprietorship, partnership, or corporation that employs the
17  person electing the exemption and must list the social
18  security number or federal tax identification number of each
19  such employer and the additional documentation required by
20  this section. In addition, the notice of election to be exempt
21  must provide that the sole proprietor, partner, or officer
22  electing an exemption is not entitled to benefits under this
23  chapter, must provide that the election does not exceed
24  exemption limits for officers and partnerships provided in s.
25  440.02, and must certify that any employees of the sole
26  proprietor, partner, or officer electing an exemption are
27  covered by workers' compensation insurance. Upon receipt of
28  the notice of the election to be exempt, receipt of all
29  application fees, and a determination by the department
30  division that the notice meets the requirements of this
31  subsection, the department division shall issue a
                                  19
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  certification of the election to the sole proprietor, partner,
 2  or officer, unless the department division determines that the
 3  information contained in the notice is invalid. The department
 4  division shall revoke a certificate of election to be exempt
 5  from coverage upon a determination by the department division
 6  that the person does not meet the requirements for exemption
 7  or that the information contained in the notice of election to
 8  be exempt is invalid. The certificate of election must list
 9  the names of the sole proprietorship, partnership, or
10  corporation listed in the request for exemption. A new
11  certificate of election must be obtained each time the person
12  is employed by a new sole proprietorship, partnership, or
13  corporation that is not listed on the certificate of election.
14  A copy of the certificate of election must be sent to each
15  workers' compensation carrier identified in the request for
16  exemption. Upon filing a notice of revocation of election, a
17  sole proprietor, partner, or officer who is a subcontractor
18  must notify her or his contractor.  Upon revocation of a
19  certificate of election of exemption by the department
20  division, the department division shall notify the workers'
21  compensation carriers identified in the request for exemption.
22         (4)  The notice of election to be exempt from the
23  provisions of this chapter must contain a notice that clearly
24  states in substance the following: "Any person who, knowingly
25  and with intent to injure, defraud, or deceive the department
26  division or any employer or employee, insurance company, or
27  purposes program, files a notice of election to be exempt
28  containing any false or misleading information is guilty of a
29  felony of the third degree." Each person filing a notice of
30  election to be exempt shall personally sign the notice and
31  attest that he or she has reviewed, understands, and
                                  20
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  acknowledges the foregoing notice.
 2         (5)  A notice given under subsection (1), subsection
 3  (2), or subsection (3) shall become effective when issued by
 4  the department division or 30 days after an application for an
 5  exemption is received by the department division, whichever
 6  occurs first. However, if an accident or occupational disease
 7  occurs less than 30 days after the effective date of the
 8  insurance policy under which the payment of compensation is
 9  secured or the date the employer qualified as a self-insurer,
10  such notice is effective as of 12:01 a.m. of the day following
11  the date it is mailed to the department division in
12  Tallahassee.
13         (6)  A construction industry certificate of election to
14  be exempt which is issued in accordance with this section
15  shall be valid for 2 years after the effective date stated
16  thereon. Both the effective date and the expiration date must
17  be listed on the face of the certificate by the department
18  division. The construction industry certificate must expire at
19  midnight, 2 years from its issue date, as noted on the face of
20  the exemption certificate. Any person who has received from
21  the department division a construction industry certificate of
22  election to be exempt which is in effect on December 31, 1998,
23  shall file a new notice of election to be exempt by the last
24  day in his or her birth month following December 1, 1998. A
25  construction industry certificate of election to be exempt may
26  be revoked before its expiration by the sole proprietor,
27  partner, or officer for whom it was issued or by the
28  department division for the reasons stated in this section.
29  At least 60 days prior to the expiration date of a
30  construction industry certificate of exemption issued after
31  December 1, 1998, the department division shall send notice of
                                  21
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  the expiration date and an application for renewal to the
 2  certificateholder at the address on the certificate.
 3         (7)  Any contractor responsible for compensation under
 4  s. 440.10 may register in writing with the workers'
 5  compensation carrier for any subcontractor and shall
 6  thereafter be entitled to receive written notice from the
 7  carrier of any cancellation or nonrenewal of the policy.
 8         (8)(a)  The department division must assess a fee of
 9  $50 with each request for a construction industry certificate
10  of election to be exempt or renewal of election to be exempt
11  under this section.
12         (b)  The funds collected by the department division
13  shall be used to administer this section, to audit the
14  businesses that pay the fee for compliance with any
15  requirements of this chapter, and to enforce compliance with
16  the provisions of this chapter.
17         (9)  The department division may by rule prescribe
18  forms and procedures for filing an election of exemption,
19  revocation of election to be exempt, and notice of election of
20  coverage for all employers and require specified forms to be
21  submitted by all employers in filing for the election of
22  exemption. The department division may by rule prescribe forms
23  and procedures for issuing a certificate of the election of
24  exemption.
25         Section 9.  Paragraph (d) of subsection (7) of section
26  440.09, Florida Statutes, is amended to read:
27         440.09  Coverage.--
28         (7)
29         (d)  The department division shall provide by rule for
30  the authorization and regulation of drug-testing policies,
31  procedures, and methods. Testing of injured employees shall
                                  22
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  not commence until such rules are adopted.
 2         Section 10.  Paragraphs (f) and (g) of subsection (1)
 3  of section 440.10, Florida Statutes, are amended to read:
 4         440.10  Liability for compensation.--
 5         (1)
 6         (f)  If an employer willfully fails to secure
 7  compensation as required by this chapter, the department
 8  division may assess against the employer a penalty not to
 9  exceed $5,000 for each employee of that employer who is
10  classified by the employer as an independent contractor but
11  who is found by the department division to not meet the
12  criteria for an independent contractor that are set forth in
13  s. 440.02.
14         (g)  For purposes of this section, a person is
15  conclusively presumed to be an independent contractor if:
16         1.  The independent contractor provides the general
17  contractor with an affidavit stating that he or she meets all
18  the requirements of s. 440.02(14)(d); and
19         2.  The independent contractor provides the general
20  contractor with a valid certificate of workers' compensation
21  insurance or a valid certificate of exemption issued by the
22  department division.
23  
24  A sole proprietor, partner, or officer of a corporation who
25  elects exemption from this chapter by filing a certificate of
26  election under s. 440.05 may not recover benefits or
27  compensation under this chapter.  An independent contractor
28  who provides the general contractor with both an affidavit
29  stating that he or she meets the requirements of s.
30  440.02(14)(d) and a certificate of exemption is not an
31  employee under s. 440.02(14)(c) and may not recover benefits
                                  23
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  under this chapter.  For purposes of determining the
 2  appropriate premium for workers' compensation coverage,
 3  carriers may not consider any person who meets the
 4  requirements of this paragraph to be an employee.
 5         Section 11.  Subsection (2), paragraph (a) of
 6  subsection (3), and paragraph (g) of subsection (7) of section
 7  440.102, Florida Statutes, are amended to read:
 8         440.102  Drug-free workplace program requirements.--The
 9  following provisions apply to a drug-free workplace program
10  implemented pursuant to law or to rules adopted by the Agency
11  for Health Care Administration:
12         (2)  DRUG TESTING.--An employer may test an employee or
13  job applicant for any drug described in paragraph (1)(c). In
14  order to qualify as having established a drug-free workplace
15  program which affords an employer the ability to qualify for
16  the discounts provided under s. 627.0915 and deny medical and
17  indemnity benefits, under this chapter all drug testing
18  conducted by employers shall be in conformity with the
19  standards and procedures established in this section and all
20  applicable rules adopted pursuant to this section. However, an
21  employer does not have a legal duty under this section to
22  request an employee or job applicant to undergo drug testing.
23  If an employer fails to maintain a drug-free workplace program
24  in accordance with the standards and procedures established in
25  this section and in applicable rules, the employer shall not
26  be eligible for discounts under s. 627.0915. All employers
27  qualifying for and receiving discounts provided under s.
28  627.0915 must be reported annually by the insurer to the
29  department division.
30         (3)  NOTICE TO EMPLOYEES AND JOB APPLICANTS.--
31         (a)  One time only, prior to testing, an employer shall
                                  24
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  give all employees and job applicants for employment a written
 2  policy statement which contains:
 3         1.  A general statement of the employer's policy on
 4  employee drug use, which must identify:
 5         a.  The types of drug testing an employee or job
 6  applicant may be required to submit to, including
 7  reasonable-suspicion drug testing or drug testing conducted on
 8  any other basis.
 9         b.  The actions the employer may take against an
10  employee or job applicant on the basis of a positive confirmed
11  drug test result.
12         2.  A statement advising the employee or job applicant
13  of the existence of this section.
14         3.  A general statement concerning confidentiality.
15         4.  Procedures for employees and job applicants to
16  confidentially report to a medical review officer the use of
17  prescription or nonprescription medications to a medical
18  review officer both before and after being tested.
19         5.  A list of the most common medications, by brand
20  name or common name, as applicable, as well as by chemical
21  name, which may alter or affect a drug test. A list of such
22  medications as developed by the Agency for Health Care
23  Administration shall be available to employers through the
24  Division of Workers' Compensation of the Department of Labor
25  and Employment Security.
26         6.  The consequences of refusing to submit to a drug
27  test.
28         7.  A representative sampling of names, addresses, and
29  telephone numbers of employee assistance programs and local
30  drug rehabilitation programs.
31         8.  A statement that an employee or job applicant who
                                  25
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  receives a positive confirmed test result may contest or
 2  explain the result to the medical review officer within 5
 3  working days after receiving written notification of the test
 4  result; that if an employee's or job applicant's explanation
 5  or challenge is unsatisfactory to the medical review officer,
 6  the medical review officer shall report a positive test result
 7  back to the employer; and that a person may contest the drug
 8  test result pursuant to law or to rules adopted by the Agency
 9  for Health Care Administration.
10         9.  A statement informing the employee or job applicant
11  of his or her responsibility to notify the laboratory of any
12  administrative or civil action brought pursuant to this
13  section.
14         10.  A list of all drugs for which the employer will
15  test, described by brand name or common name, as applicable,
16  as well as by chemical name.
17         11.  A statement regarding any applicable collective
18  bargaining agreement or contract and the right to appeal to
19  the Public Employees Relations Commission or applicable court.
20         12.  A statement notifying employees and job applicants
21  of their right to consult with a medical review officer for
22  technical information regarding prescription or
23  nonprescription medication.
24         (7)  EMPLOYER PROTECTION.--
25         (g)  This section does not prohibit an employer from
26  conducting medical screening or other tests required,
27  permitted, or not disallowed by any statute, rule, or
28  regulation for the purpose of monitoring exposure of employees
29  to toxic or other unhealthy substances in the workplace or in
30  the performance of job responsibilities. Such screening or
31  testing is limited to the specific substances expressly
                                  26
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  identified in the applicable statute, rule, or regulation,
 2  unless prior written consent of the employee is obtained for
 3  other tests. Such screening or testing need not be in
 4  compliance with the rules adopted by the Agency for Health
 5  Care Administration under this chapter or under s. 112.0455. A
 6  public employer may, through the use of an unbiased selection
 7  procedure, conduct random drug tests of employees occupying
 8  safety-sensitive or special-risk positions if the testing is
 9  performed in accordance with drug-testing rules adopted by the
10  Agency for Health Care Administration and the Department of
11  Insurance Labor and Employment Security. If applicable, random
12  drug testing must be specified in a collective bargaining
13  agreement as negotiated by the appropriate certified
14  bargaining agent before such testing is implemented.
15         Section 12.  Section 440.103, Florida Statutes, is
16  amended to read:
17         440.103  Building permits; identification of minimum
18  premium policy.--Except as otherwise provided in this chapter,
19  every employer shall, as a condition to receiving a building
20  permit, show proof that it has secured compensation for its
21  employees under this chapter as provided in ss. 440.10 and
22  440.38. Such proof of compensation must be evidenced by a
23  certificate of coverage issued by the carrier, a valid
24  exemption certificate approved by the division or the
25  department, or a copy of the employer's authority to
26  self-insure and shall be presented each time the employer
27  applies for a building permit. As provided in s. 627.413(5),
28  each certificate of coverage must show, on its face, whether
29  or not coverage is secured under the minimum premium
30  provisions of rules adopted by rating organizations licensed
31  by the Department of Insurance. The words "minimum premium
                                  27
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  policy" or equivalent language shall be typed, printed,
 2  stamped, or legibly handwritten.
 3         Section 13.  Paragraph (a) of subsection (2) of section
 4  440.105, Florida Statutes, is amended to read:
 5         440.105  Prohibited activities; reports; penalties;
 6  limitations.--
 7         (2)  Whoever violates any provision of this subsection
 8  commits a misdemeanor of the second degree, punishable as
 9  provided in s. 775.082 or s. 775.083.
10         (a)  It shall be unlawful for any employer to
11  knowingly:
12         1.  Coerce or attempt to coerce, as a precondition to
13  employment or otherwise, an employee to obtain a certificate
14  of election of exemption pursuant to s. 440.05.
15         2.  Discharge or refuse to hire an employee or job
16  applicant because the employee or applicant has filed a claim
17  for benefits under this chapter.
18         3.  Discharge, discipline, or take any other adverse
19  personnel action against any employee for disclosing
20  information to the department division or any law enforcement
21  agency relating to any violation or suspected violation of any
22  of the provisions of this chapter or rules promulgated
23  hereunder.
24         4.  Violate a stop-work order issued by the department
25  division pursuant to s. 440.107.
26         Section 14.  Subsections (3) and (4) of section
27  440.106, Florida Statutes, are amended to read:
28         440.106  Civil remedies; administrative penalties.--
29         (3)  Whenever any group or individual self-insurer,
30  carrier, rating bureau, or agent or other representative of
31  any carrier or rating bureau is determined to have violated s.
                                  28
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  440.105, the department of Insurance may revoke or suspend the
 2  authority or certification of any group or individual
 3  self-insurer, carrier, agent, or broker.
 4         (4)  The department division shall report any
 5  contractor determined in violation of requirements of this
 6  chapter to the appropriate state licensing board for
 7  disciplinary action.
 8         Section 15.  Section 440.107, Florida Statutes, is
 9  amended to read:
10         440.107  Department Division powers to enforce employer
11  compliance with coverage requirements.--
12         (1)  The Legislature finds that the failure of an
13  employer to comply with the workers' compensation coverage
14  requirements under this chapter poses an immediate danger to
15  public health, safety, and welfare. The Legislature authorizes
16  the department division to secure employer compliance with the
17  workers' compensation coverage requirements and authorizes the
18  department division to conduct investigations for the purpose
19  of ensuring employer compliance.
20         (2)  The department division and its authorized
21  representatives may enter and inspect any place of business at
22  any reasonable time for the limited purpose of investigating
23  compliance with workers' compensation coverage requirements
24  under this chapter. Each employer shall keep true and accurate
25  business records that contain such information as the
26  department division prescribes by rule. The business records
27  must contain information necessary for the department division
28  to determine compliance with workers' compensation coverage
29  requirements and must be maintained within this state by the
30  business, in such a manner as to be accessible within a
31  reasonable time upon request by the department division. The
                                  29
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  business records must be open to inspection and be available
 2  for copying by the department division at any reasonable time
 3  and place and as often as necessary. The department division
 4  may require from any employer any sworn or unsworn reports,
 5  pertaining to persons employed by that employer, deemed
 6  necessary for the effective administration of the workers'
 7  compensation coverage requirements.
 8         (3)  In discharging its duties, the department division
 9  may administer oaths and affirmations, certify to official
10  acts, issue subpoenas to compel the attendance of witnesses
11  and the production of books, papers, correspondence,
12  memoranda, and other records deemed necessary by the
13  department division as evidence in order to ensure proper
14  compliance with the coverage provisions of this chapter.
15         (4)  If a person has refused to obey a subpoena to
16  appear before the department division or its authorized
17  representative and produce evidence requested by the
18  department division or to give testimony about the matter that
19  is under investigation, a court has jurisdiction to issue an
20  order requiring compliance with the subpoena if the court has
21  jurisdiction in the geographical area where the inquiry is
22  being carried on or in the area where the person who has
23  refused the subpoena is found, resides, or transacts business.
24  Failure to obey such a court order may be punished by the
25  court as contempt.
26         (5)  Whenever the department division determines that
27  an employer who is required to secure the payment to his or
28  her employees of the compensation provided for by this chapter
29  has failed to do so, such failure shall be deemed an immediate
30  serious danger to public health, safety, or welfare sufficient
31  to justify service by the department division of a stop-work
                                  30
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  order on the employer, requiring the cessation of all business
 2  operations at the place of employment or job site. The order
 3  shall take effect upon the date of service upon the employer,
 4  unless the employer provides evidence satisfactory to the
 5  department division of having secured any necessary insurance
 6  or self-insurance and pays a civil penalty to the department
 7  division, to be deposited by the department division into the
 8  Workers' Compensation Administration Trust Fund, in the amount
 9  of $100 per day for each day the employer was not in
10  compliance with this chapter.
11         (6)  The department division may file a complaint in
12  the circuit court in and for Leon County to enjoin any
13  employer, who has failed to secure compensation as required by
14  this chapter, from employing individuals and from conducting
15  business until the employer presents evidence satisfactory to
16  the department division of having secured payment for
17  compensation and pays a civil penalty to the department
18  division, to be deposited by the department division into the
19  Workers' Compensation Administration Trust Fund, in the amount
20  of $100 per day for each day the employer was not in
21  compliance with this chapter.
22         (7)  In addition to any penalty, stop-work order, or
23  injunction, the department division may assess against any
24  employer, who has failed to secure the payment of compensation
25  as required by this chapter, a penalty in the amount of:
26         (a)  Twice the amount the employer would have paid
27  during periods it illegally failed to secure payment of
28  compensation in the preceding 3-year period based on the
29  employer's payroll during the preceding 3-year period; or
30         (b)  One thousand dollars, whichever is greater.
31  
                                  31
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Any penalty assessed under this subsection is due within 30
 2  days after the date on which the employer is notified, except
 3  that, if the department division has posted a stop-work order
 4  or obtained injunctive relief against the employer, payment is
 5  due, in addition to those conditions set forth in this
 6  section, as a condition to relief from a stop-work order or an
 7  injunction. Interest shall accrue on amounts not paid when due
 8  at the rate of 1 percent per month.
 9         (8)  The department division may bring an action in
10  circuit court to recover penalties assessed under this
11  section, including any interest owed to the department
12  division pursuant to this section. In any action brought by
13  the department division pursuant to this section in which it
14  prevails, the circuit court shall award costs, including the
15  reasonable costs of investigation and a reasonable attorney's
16  fee.
17         (9)  Any judgment obtained by the department division
18  and any penalty due pursuant to the service of a stop-work
19  order or otherwise due under this section shall, until
20  collected, constitute a lien upon the entire interest of the
21  employer, legal or equitable, in any property, real or
22  personal, tangible or intangible; however, such lien is
23  subordinate to claims for unpaid wages and any prior recorded
24  liens, and a lien created by this section is not valid against
25  any person who, subsequent to such lien and in good faith and
26  for value, purchases real or personal property from such
27  employer or becomes the mortgagee on real or personal property
28  of such employer, or against a subsequent attaching creditor,
29  unless, with respect to real estate of the employer, a notice
30  of the lien is recorded in the public records of the county
31  where the real estate is located, and with respect to personal
                                  32
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  property of the employer, the notice is recorded with the
 2  Secretary of State.
 3         (10)  Any law enforcement agency in the state may, at
 4  the request of the department division, render any assistance
 5  necessary to carry out the provisions of this section,
 6  including, but not limited to, preventing any employee or
 7  other person from remaining at a place of employment or job
 8  site after a stop-work order or injunction has taken effect.
 9         (11)  Actions by the department division under this
10  section must be contested as provided in chapter 120. All
11  civil penalties assessed by the department division must be
12  paid into the Workers' Compensation Administration Trust Fund.
13  The department division shall return any sums previously paid,
14  upon conclusion of an action, if the department division fails
15  to prevail and if so directed by an order of court or an
16  administrative hearing officer. The requirements of this
17  subsection may be met by posting a bond in an amount equal to
18  twice the penalty and in a form approved by the department
19  division.
20         Section 16.  Subsection (1) of section 440.108, Florida
21  Statutes, is amended to read:
22         440.108  Investigatory records relating to workers'
23  compensation employer compliance; confidentiality.--
24         (1)  All investigatory records of the department
25  Division of Workers' Compensation made or received pursuant to
26  s. 440.107 and any records necessary to complete an
27  investigation are confidential and exempt from the provisions
28  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
29  until the investigation is completed or ceases to be active.
30  For purposes of this section, an investigation is considered
31  "active" while such investigation is being conducted by the
                                  33
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  department division with a reasonable, good-faith good faith
 2  belief that it may lead to the filing of administrative,
 3  civil, or criminal proceedings. An investigation does not
 4  cease to be active if the agency is proceeding with reasonable
 5  dispatch and there is a good faith belief that action may be
 6  initiated by the agency or other administrative or law
 7  enforcement agency. After an investigation is completed or
 8  ceases to be active, records relating to the investigation
 9  remain confidential and exempt from the provisions of s.
10  119.07(1) and s. 24(a), Art. I of the State Constitution if
11  disclosure would:
12         (a)  Jeopardize the integrity of another active
13  investigation;
14         (b)  Reveal a trade secret, as defined in s. 688.002;
15         (c)  Reveal business or personal financial information;
16         (d)  Reveal the identity of a confidential source;
17         (e)  Defame or cause unwarranted damage to the good
18  name or reputation of an individual or jeopardize the safety
19  of an individual; or
20         (f)  Reveal investigative techniques or procedures.
21         Section 17.  Section 440.125, Florida Statutes, is
22  amended to read:
23         440.125  Medical records and reports; identifying
24  information in employee medical bills; confidentiality.--
25         (1)  Any medical records and medical reports of an
26  injured employee and any information identifying an injured
27  employee in medical bills which are provided to the
28  department, agency, or Department of Education Division of
29  Workers' Compensation of the Department of Labor and
30  Employment Security pursuant to s. 440.13 are confidential and
31  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
                                  34
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  I of the State Constitution, except as otherwise provided by
 2  this chapter.
 3         (2)  The Legislature finds that it is a public
 4  necessity that an injured employee's medical records and
 5  medical reports and information identifying the employee in
 6  medical bills held by the department, agency, or Department of
 7  Education Division of Workers' Compensation pursuant to s.
 8  440.13 be confidential and exempt from the public records law.
 9  Public access to such information is an invasion of the
10  injured employee's right to privacy in that personal,
11  sensitive information would be revealed, and public knowledge
12  of such information could lead to discrimination against the
13  employee by coworkers and others. Additionally, there is
14  little utility in providing public access to such information
15  in that the effectiveness and efficiency of the workers'
16  compensation program can be otherwise adequately monitored and
17  evaluated.
18         (3)  The department may share any confidential and
19  exempt information received pursuant to s. 440.13 with the
20  Agency for Health Care Administration in furtherance of the
21  agency's official duties under ss. 440.13 and 440.134. The
22  agency shall maintain the confidential and exempt status of
23  the information.
24         Section 18.  Section 440.13, Florida Statutes, is
25  amended to read:
26         440.13  Medical services and supplies; penalty for
27  violations; limitations.--
28         (1)  DEFINITIONS.--As used in this section, the term:
29         (a)  "Alternate medical care" means a change in
30  treatment or health care provider.
31         (b)  "Attendant care" means care rendered by trained
                                  35
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  professional attendants which is beyond the scope of household
 2  duties. Family members may provide nonprofessional attendant
 3  care, but may not be compensated under this chapter for care
 4  that falls within the scope of household duties and other
 5  services normally and gratuitously provided by family members.
 6  "Family member" means a spouse, father, mother, brother,
 7  sister, child, grandchild, father-in-law, mother-in-law, aunt,
 8  or uncle.
 9         (c)  "Carrier" means, for purposes of this section,
10  insurance carrier, self-insurance fund or individually
11  self-insured employer, or assessable mutual insurer.
12         (d)  "Catastrophic injury" means an injury as defined
13  in s. 440.02.
14         (e)  "Certified health care provider" means a health
15  care provider who has been certified by the agency division or
16  who has entered an agreement with a licensed managed care
17  organization to provide treatment to injured workers under
18  this section. Certification of such health care provider must
19  include documentation that the health care provider has read
20  and is familiar with the portions of the statute, impairment
21  guides, and rules which govern the provision of remedial
22  treatment, care, and attendance.
23         (f)  "Compensable" means a determination by a carrier
24  or judge of compensation claims that a condition suffered by
25  an employee results from an injury arising out of and in the
26  course of employment.
27         (g)  "Emergency services and care" means emergency
28  services and care as defined in s. 395.002.
29         (h)  "Health care facility" means any hospital licensed
30  under chapter 395 and any health care institution licensed
31  under chapter 400.
                                  36
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (i)  "Health care provider" means a physician or any
 2  recognized practitioner who provides skilled services pursuant
 3  to a prescription or under the supervision or direction of a
 4  physician and who has been certified by the agency division as
 5  a health care provider. The term "health care provider"
 6  includes a health care facility.
 7         (j)  "Independent medical examiner" means a physician
 8  selected by either an employee or a carrier to render one or
 9  more independent medical examinations in connection with a
10  dispute arising under this chapter.
11         (k)  "Independent medical examination" means an
12  objective evaluation of the injured employee's medical
13  condition, including, but not limited to, impairment or work
14  status, performed by a physician or an expert medical advisor
15  at the request of a party, a judge of compensation claims, or
16  the agency division to assist in the resolution of a dispute
17  arising under this chapter.
18         (l)  "Instance of overutilization" means a specific
19  inappropriate service or level of service provided to an
20  injured employee.
21         (m)  "Medically necessary" means any medical service or
22  medical supply which is used to identify or treat an illness
23  or injury, is appropriate to the patient's diagnosis and
24  status of recovery, and is consistent with the location of
25  service, the level of care provided, and applicable practice
26  parameters. The service should be widely accepted among
27  practicing health care providers, based on scientific
28  criteria, and determined to be reasonably safe. The service
29  must not be of an experimental, investigative, or research
30  nature, except in those instances in which prior approval of
31  the Agency for Health Care Administration has been obtained.
                                  37
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  The Agency for Health Care Administration shall adopt rules
 2  providing for such approval on a case-by-case basis when the
 3  service or supply is shown to have significant benefits to the
 4  recovery and well-being of the patient.
 5         (n)  "Medicine" means a drug prescribed by an
 6  authorized health care provider and includes only generic
 7  drugs or single-source patented drugs for which there is no
 8  generic equivalent, unless the authorized health care provider
 9  writes or states that the brand-name drug as defined in s.
10  465.025 is medically necessary, or is a drug appearing on the
11  schedule of drugs created pursuant to s. 465.025(6), or is
12  available at a cost lower than its generic equivalent.
13         (o)  "Palliative care" means noncurative medical
14  services that mitigate the conditions, effects, or pain of an
15  injury.
16         (p)  "Pattern or practice of overutilization" means
17  repetition of instances of overutilization within a specific
18  medical case or multiple cases by a single health care
19  provider.
20         (q)  "Peer review" means an evaluation by two or more
21  physicians licensed under the same authority and with the same
22  or similar specialty as the physician under review, of the
23  appropriateness, quality, and cost of health care and health
24  services provided to a patient, based on medically accepted
25  standards.
26         (r)  "Physician" or "doctor" means a physician licensed
27  under chapter 458, an osteopathic physician licensed under
28  chapter 459, a chiropractic physician licensed under chapter
29  460, a podiatric physician licensed under chapter 461, an
30  optometrist licensed under chapter 463, or a dentist licensed
31  under chapter 466, each of whom must be certified by the
                                  38
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  agency division as a health care provider.
 2         (s)  "Reimbursement dispute" means any disagreement
 3  between a health care provider or health care facility and
 4  carrier concerning payment for medical treatment.
 5         (t)  "Utilization control" means a systematic process
 6  of implementing measures that assure overall management and
 7  cost containment of services delivered.
 8         (u)  "Utilization review" means the evaluation of the
 9  appropriateness of both the level and the quality of health
10  care and health services provided to a patient, including, but
11  not limited to, evaluation of the appropriateness of
12  treatment, hospitalization, or office visits based on
13  medically accepted standards. Such evaluation must be
14  accomplished by means of a system that identifies the
15  utilization of medical services based on medically accepted
16  standards as established by medical consultants with
17  qualifications similar to those providing the care under
18  review, and that refers patterns and practices of
19  overutilization to the agency division.
20         (2)  MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--
21         (a)  Subject to the limitations specified elsewhere in
22  this chapter, the employer shall furnish to the employee such
23  medically necessary remedial treatment, care, and attendance
24  for such period as the nature of the injury or the process of
25  recovery may require, including medicines, medical supplies,
26  durable medical equipment, orthoses, prostheses, and other
27  medically necessary apparatus. Remedial treatment, care, and
28  attendance, including work-hardening programs or
29  pain-management programs accredited by the Commission on
30  Accreditation of Rehabilitation Facilities or Joint Commission
31  on the Accreditation of Health Organizations or
                                  39
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  pain-management programs affiliated with medical schools,
 2  shall be considered as covered treatment only when such care
 3  is given based on a referral by a physician as defined in this
 4  chapter. Each facility shall maintain outcome data, including
 5  work status at discharges, total program charges, total number
 6  of visits, and length of stay. The department shall utilize
 7  such data and report to the President of the Senate and the
 8  Speaker of the House of Representatives regarding the efficacy
 9  and cost-effectiveness of such program, no later than October
10  1, 1994. Medically necessary treatment, care, and attendance
11  does not include chiropractic services in excess of 18
12  treatments or rendered 8 weeks beyond the date of the initial
13  chiropractic treatment, whichever comes first, unless the
14  carrier authorizes additional treatment or the employee is
15  catastrophically injured.
16         (b)  The employer shall provide appropriate
17  professional or nonprofessional attendant care performed only
18  at the direction and control of a physician when such care is
19  medically necessary. The value of nonprofessional attendant
20  care provided by a family member must be determined as
21  follows:
22         1.  If the family member is not employed, the per-hour
23  value equals the federal minimum hourly wage.
24         2.  If the family member is employed and elects to
25  leave that employment to provide attendant or custodial care,
26  the per-hour value of that care equals the per-hour value of
27  the family member's former employment, not to exceed the
28  per-hour value of such care available in the community at
29  large. A family member or a combination of family members
30  providing nonprofessional attendant care under this paragraph
31  may not be compensated for more than a total of 12 hours per
                                  40
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  day.
 2         (c)  If the employer fails to provide treatment or care
 3  required by this section after request by the injured
 4  employee, the employee may obtain such treatment at the
 5  expense of the employer, if the treatment is compensable and
 6  medically necessary. There must be a specific request for the
 7  treatment, and the employer or carrier must be given a
 8  reasonable time period within which to provide the treatment
 9  or care. However, the employee is not entitled to recover any
10  amount personally expended for the treatment or service unless
11  he or she has requested the employer to furnish that treatment
12  or service and the employer has failed, refused, or neglected
13  to do so within a reasonable time or unless the nature of the
14  injury requires such treatment, nursing, and services and the
15  employer or his or her superintendent or foreman, having
16  knowledge of the injury, has neglected to provide the
17  treatment or service.
18         (d)  The carrier has the right to transfer the care of
19  an injured employee from the attending health care provider if
20  an independent medical examination determines that the
21  employee is not making appropriate progress in recuperation.
22         (e)  Except in emergency situations and for treatment
23  rendered by a managed care arrangement, after any initial
24  examination and diagnosis by a physician providing remedial
25  treatment, care, and attendance, and before a proposed course
26  of medical treatment begins, each insurer shall review, in
27  accordance with the requirements of this chapter, the proposed
28  course of treatment, to determine whether such treatment would
29  be recognized as reasonably prudent. The review must be in
30  accordance with all applicable workers' compensation practice
31  parameters. The insurer must accept any such proposed course
                                  41
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  of treatment unless the insurer notifies the physician of its
 2  specific objections to the proposed course of treatment by the
 3  close of the tenth business day after notification by the
 4  physician, or a supervised designee of the physician, of the
 5  proposed course of treatment.
 6         (3)  PROVIDER ELIGIBILITY; AUTHORIZATION.--
 7         (a)  As a condition to eligibility for payment under
 8  this chapter, a health care provider who renders services must
 9  be a certified health care provider and must receive
10  authorization from the carrier before providing treatment.
11  This paragraph does not apply to emergency care. The agency
12  division shall adopt rules to implement the certification of
13  health care providers. As a one-time prerequisite to obtaining
14  certification, the agency division shall require each
15  physician to demonstrate proof of completion of a minimum
16  5-hour course that covers the subject areas of cost
17  containment, utilization control, ergonomics, and the practice
18  parameters adopted by the agency division governing the
19  physician's field of practice. The agency division shall
20  coordinate with the Agency for Health Care Administration, the
21  Florida Medical Association, the Florida Osteopathic Medical
22  Association, the Florida Chiropractic Association, the Florida
23  Podiatric Medical Association, the Florida Optometric
24  Association, the Florida Dental Association, and other health
25  professional organizations and their respective boards as
26  deemed necessary by the Agency for Health Care Administration
27  in complying with this subsection. No later than October 1,
28  1994, the division shall adopt rules regarding the criteria
29  and procedures for approval of courses and the filing of proof
30  of completion by the physicians.
31         (b)  A health care provider who renders emergency care
                                  42
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  must notify the carrier by the close of the third business day
 2  after it has rendered such care. If the emergency care results
 3  in admission of the employee to a health care facility, the
 4  health care provider must notify the carrier by telephone
 5  within 24 hours after initial treatment. Emergency care is not
 6  compensable under this chapter unless the injury requiring
 7  emergency care arose as a result of a work-related accident.
 8  Pursuant to chapter 395, all licensed physicians and health
 9  care providers in this state shall be required to make their
10  services available for emergency treatment of any employee
11  eligible for workers' compensation benefits. To refuse to make
12  such treatment available is cause for revocation of a license.
13         (c)  A health care provider may not refer the employee
14  to another health care provider, diagnostic facility, therapy
15  center, or other facility without prior authorization from the
16  carrier, except when emergency care is rendered. Any referral
17  must be to a health care provider that has been certified by
18  the agency division, unless the referral is for emergency
19  treatment.
20         (d)  A carrier must respond, by telephone or in
21  writing, to a request for authorization by the close of the
22  third business day after receipt of the request. A carrier who
23  fails to respond to a written request for authorization for
24  referral for medical treatment by the close of the third
25  business day after receipt of the request consents to the
26  medical necessity for such treatment. All such requests must
27  be made to the carrier. Notice to the carrier does not include
28  notice to the employer.
29         (e)  Carriers shall adopt procedures for receiving,
30  reviewing, documenting, and responding to requests for
31  authorization. Such procedures shall be for a health care
                                  43
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  provider certified under this section.
 2         (f)  By accepting payment under this chapter for
 3  treatment rendered to an injured employee, a health care
 4  provider consents to the jurisdiction of the agency division
 5  as set forth in subsection (11) and to the submission of all
 6  records and other information concerning such treatment to the
 7  agency division in connection with a reimbursement dispute,
 8  audit, or review as provided by this section. The health care
 9  provider must further agree to comply with any decision of the
10  agency division rendered under this section.
11         (g)  The employee is not liable for payment for medical
12  treatment or services provided pursuant to this section except
13  as otherwise provided in this section.
14         (h)  The provisions of s. 456.053 are applicable to
15  referrals among health care providers, as defined in
16  subsection (1), treating injured workers.
17         (i)  Notwithstanding paragraph (d), a claim for
18  specialist consultations, surgical operations,
19  physiotherapeutic or occupational therapy procedures, X-ray
20  examinations, or special diagnostic laboratory tests that cost
21  more than $1,000 and other specialty services that the agency
22  division identifies by rule is not valid and reimbursable
23  unless the services have been expressly authorized by the
24  carrier, or unless the carrier has failed to respond within 10
25  days to a written request for authorization, or unless
26  emergency care is required. The insurer shall not refuse to
27  authorize such consultation or procedure unless the health
28  care provider or facility is not authorized or certified or
29  unless an expert medical advisor has determined that the
30  consultation or procedure is not medically necessary or
31  otherwise compensable under this chapter. Authorization of a
                                  44
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  treatment plan does not constitute express authorization for
 2  purposes of this section, except to the extent the carrier
 3  provides otherwise in its authorization procedures. This
 4  paragraph does not limit the carrier's obligation to identify
 5  and disallow overutilization or billing errors.
 6         (j)  Notwithstanding anything in this chapter to the
 7  contrary, a sick or injured employee shall be entitled, at all
 8  times, to free, full, and absolute choice in the selection of
 9  the pharmacy or pharmacist dispensing and filling
10  prescriptions for medicines required under this chapter. It is
11  expressly forbidden for the agency division, an employer, or a
12  carrier, or any agent or representative of the agency
13  division, an employer, or a carrier to select the pharmacy or
14  pharmacist which the sick or injured employee must use;
15  condition coverage or payment on the basis of the pharmacy or
16  pharmacist utilized; or to otherwise interfere in the
17  selection by the sick or injured employee of a pharmacy or
18  pharmacist.
19         (4)  NOTICE OF TREATMENT TO CARRIER; FILING WITH
20  DEPARTMENT DIVISION.--
21         (a)  Any health care provider providing necessary
22  remedial treatment, care, or attendance to any injured worker
23  shall submit treatment reports to the carrier in a format
24  prescribed by the department in consultation with the agency
25  division. A claim for medical or surgical treatment is not
26  valid or enforceable against such employer or employee,
27  unless, by the close of the third business day following the
28  first treatment, the physician providing the treatment
29  furnishes to the employer or carrier a preliminary notice of
30  the injury and treatment on forms prescribed by the department
31  in consultation with the agency division and, within 15 days
                                  45
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  thereafter, furnishes to the employer or carrier a complete
 2  report, and subsequent thereto furnishes progress reports, if
 3  requested by the employer or insurance carrier, at intervals
 4  of not less than 3 weeks apart or at less frequent intervals
 5  if requested on forms prescribed by the department division.
 6         (b)  Each medical report or bill obtained or received
 7  by the employer, the carrier, or the injured employee, or the
 8  attorney for the employer, carrier, or injured employee, with
 9  respect to the remedial treatment or care of the injured
10  employee, including any report of an examination, diagnosis,
11  or disability evaluation, must be filed with the department
12  Division of Workers' Compensation pursuant to rules adopted by
13  the department in consultation with the agency division. The
14  health care provider shall also furnish to the injured
15  employee or to his or her attorney, on demand, a copy of his
16  or her office chart, records, and reports, and may charge the
17  injured employee an amount authorized by the department
18  division for the copies. Each such health care provider shall
19  provide to the agency or department division any additional
20  information about the remedial treatment, care, and attendance
21  that the agency or department division reasonably requests.
22         (c)  It is the policy for the administration of the
23  workers' compensation system that there be reasonable access
24  to medical information by all parties to facilitate the
25  self-executing features of the law. Notwithstanding the
26  limitations in s. 456.057 and subject to the limitations in s.
27  381.004, upon the request of the employer, the carrier, or the
28  attorney for either of them, the medical records of an injured
29  employee must be furnished to those persons and the medical
30  condition of the injured employee must be discussed with those
31  persons, if the records and the discussions are restricted to
                                  46
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  conditions relating to the workplace injury. Any such
 2  discussions may be held before or after the filing of a claim
 3  without the knowledge, consent, or presence of any other party
 4  or his or her agent or representative. A health care provider
 5  who willfully refuses to provide medical records or to discuss
 6  the medical condition of the injured employee, after a
 7  reasonable request is made for such information pursuant to
 8  this subsection, shall be subject by the agency division to
 9  one or more of the penalties set forth in paragraph (8)(b).
10         (5)  INDEPENDENT MEDICAL EXAMINATIONS.--
11         (a)  In any dispute concerning overutilization, medical
12  benefits, compensability, or disability under this chapter,
13  the carrier or the employee may select an independent medical
14  examiner. The examiner may be a health care provider treating
15  or providing other care to the employee. An independent
16  medical examiner may not render an opinion outside his or her
17  area of expertise, as demonstrated by licensure and applicable
18  practice parameters.
19         (b)  Each party is bound by his or her selection of an
20  independent medical examiner and is entitled to an alternate
21  examiner only if:
22         1.  The examiner is not qualified to render an opinion
23  upon an aspect of the employee's illness or injury which is
24  material to the claim or petition for benefits;
25         2.  The examiner ceases to practice in the specialty
26  relevant to the employee's condition;
27         3.  The examiner is unavailable due to injury, death,
28  or relocation outside a reasonably accessible geographic area;
29  or
30         4.  The parties agree to an alternate examiner.
31  
                                  47
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Any party may request, or a judge of compensation claims may
 2  require, designation of an agency a division medical advisor
 3  as an independent medical examiner. The opinion of the
 4  advisors acting as examiners shall not be afforded the
 5  presumption set forth in paragraph (9)(c).
 6         (c)  The carrier may, at its election, contact the
 7  claimant directly to schedule a reasonable time for an
 8  independent medical examination. The carrier must confirm the
 9  scheduling agreement in writing within 5 days and notify
10  claimant's counsel, if any, at least 7 days before the date
11  upon which the independent medical examination is scheduled to
12  occur. An attorney representing a claimant is not authorized
13  to schedule independent medical evaluations under this
14  subsection.
15         (d)  If the employee fails to appear for the
16  independent medical examination without good cause and fails
17  to advise the physician at least 24 hours before the scheduled
18  date for the examination that he or she cannot appear, the
19  employee is barred from recovering compensation for any period
20  during which he or she has refused to submit to such
21  examination. Further, the employee shall reimburse the carrier
22  50 percent of the physician's cancellation or no-show fee
23  unless the carrier that schedules the examination fails to
24  timely provide to the employee a written confirmation of the
25  date of the examination pursuant to paragraph (c) which
26  includes an explanation of why he or she failed to appear. The
27  employee may appeal to a judge of compensation claims for
28  reimbursement when the carrier withholds payment in excess of
29  the authority granted by this section.
30         (e)  No medical opinion other than the opinion of a
31  medical advisor appointed by the judge of compensation claims
                                  48
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  or agency division, an independent medical examiner, or an
 2  authorized treating provider is admissible in proceedings
 3  before the judges of compensation claims.
 4         (f)  Attorney's fees incurred by an injured employee in
 5  connection with delay of or opposition to an independent
 6  medical examination, including, but not limited to, motions
 7  for protective orders, are not recoverable under this chapter.
 8         (6)  UTILIZATION REVIEW.--Carriers shall review all
 9  bills, invoices, and other claims for payment submitted by
10  health care providers in order to identify overutilization and
11  billing errors, and may hire peer review consultants or
12  conduct independent medical evaluations. Such consultants,
13  including peer review organizations, are immune from liability
14  in the execution of their functions under this subsection to
15  the extent provided in s. 766.101. If a carrier finds that
16  overutilization of medical services or a billing error has
17  occurred, it must disallow or adjust payment for such services
18  or error without order of a judge of compensation claims or
19  the agency division, if the carrier, in making its
20  determination, has complied with this section and rules
21  adopted by the agency division.
22         (7)  UTILIZATION AND REIMBURSEMENT DISPUTES.--
23         (a)  Any health care provider, carrier, or employer who
24  elects to contest the disallowance or adjustment of payment by
25  a carrier under subsection (6) must, within 30 days after
26  receipt of notice of disallowance or adjustment of payment,
27  petition the agency division to resolve the dispute. The
28  petitioner must serve a copy of the petition on the carrier
29  and on all affected parties by certified mail. The petition
30  must be accompanied by all documents and records that support
31  the allegations contained in the petition. Failure of a
                                  49
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  petitioner to submit such documentation to the agency division
 2  results in dismissal of the petition.
 3         (b)  The carrier must submit to the agency division
 4  within 10 days after receipt of the petition all documentation
 5  substantiating the carrier's disallowance or adjustment.
 6  Failure of the carrier to submit the requested documentation
 7  to the agency division within 10 days constitutes a waiver of
 8  all objections to the petition.
 9         (c)  Within 60 days after receipt of all documentation,
10  the agency division must provide to the petitioner, the
11  carrier, and the affected parties a written determination of
12  whether the carrier properly adjusted or disallowed payment.
13  The agency division must be guided by standards and policies
14  set forth in this chapter, including all applicable
15  reimbursement schedules, in rendering its determination.
16         (d)  If the agency division finds an improper
17  disallowance or improper adjustment of payment by an insurer,
18  the insurer shall reimburse the health care provider,
19  facility, insurer, or employer within 30 days, subject to the
20  penalties provided in this subsection.
21         (e)  The agency division shall adopt rules to carry out
22  this subsection. The rules may include provisions for
23  consolidating petitions filed by a petitioner and expanding
24  the timetable for rendering a determination upon a
25  consolidated petition.
26         (f)  Any carrier that engages in a pattern or practice
27  of arbitrarily or unreasonably disallowing or reducing
28  payments to health care providers may be subject to one or
29  more of the following penalties imposed by the agency
30  division:
31         1.  Repayment of the appropriate amount to the health
                                  50
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  care provider.
 2         2.  An administrative fine assessed by the agency
 3  division in an amount not to exceed $5,000 per instance of
 4  improperly disallowing or reducing payments.
 5         3.  Award of the health care provider's costs,
 6  including a reasonable attorney's fee, for prosecuting the
 7  petition.
 8         (8)  PATTERN OR PRACTICE OF OVERUTILIZATION.--
 9         (a)  Carriers must report to the agency division all
10  instances of overutilization including, but not limited to,
11  all instances in which the carrier disallows or adjusts
12  payment. The agency division shall determine whether a pattern
13  or practice of overutilization exists.
14         (b)  If the agency division determines that a health
15  care provider has engaged in a pattern or practice of
16  overutilization or a violation of this chapter or rules
17  adopted by the agency division, it may impose one or more of
18  the following penalties:
19         1.  An order of the agency division barring the
20  provider from payment under this chapter;
21         2.  Deauthorization of care under review;
22         3.  Denial of payment for care rendered in the future;
23         4.  Decertification of a health care provider certified
24  as an expert medical advisor under subsection (9) or of a
25  rehabilitation provider certified under s. 440.49;
26         5.  An administrative fine assessed by the agency
27  division in an amount not to exceed $5,000 per instance of
28  overutilization or violation; and
29         6.  Notification of and review by the appropriate
30  licensing authority pursuant to s. 440.106(3).
31         (9)  EXPERT MEDICAL ADVISORS.--
                                  51
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (a)  The agency division shall certify expert medical
 2  advisors in each specialty to assist the agency division and
 3  the judges of compensation claims within the advisor's area of
 4  expertise as provided in this section. The agency division
 5  shall, in a manner prescribed by rule, in certifying,
 6  recertifying, or decertifying an expert medical advisor,
 7  consider the qualifications, training, impartiality, and
 8  commitment of the health care provider to the provision of
 9  quality medical care at a reasonable cost. As a prerequisite
10  for certification or recertification, the agency division
11  shall require, at a minimum, that an expert medical advisor
12  have specialized workers' compensation training or experience
13  under the workers' compensation system of this state and board
14  certification or board eligibility.
15         (b)  The agency division shall contract with or employ
16  expert medical advisors to provide peer review or medical
17  consultation to the agency division or to a judge of
18  compensation claims in connection with resolving disputes
19  relating to reimbursement, differing opinions of health care
20  providers, and health care and physician services rendered
21  under this chapter. Expert medical advisors contracting with
22  the agency division shall, as a term of such contract, agree
23  to provide consultation or services in accordance with the
24  timetables set forth in this chapter and to abide by rules
25  adopted by the agency division, including, but not limited to,
26  rules pertaining to procedures for review of the services
27  rendered by health care providers and preparation of reports
28  and recommendations for submission to the agency division.
29         (c)  If there is disagreement in the opinions of the
30  health care providers, if two health care providers disagree
31  on medical evidence supporting the employee's complaints or
                                  52
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  the need for additional medical treatment, or if two health
 2  care providers disagree that the employee is able to return to
 3  work, the agency division may, and the judge of compensation
 4  claims shall, upon his or her own motion or within 15 days
 5  after receipt of a written request by either the injured
 6  employee, the employer, or the carrier, order the injured
 7  employee to be evaluated by an expert medical advisor. The
 8  opinion of the expert medical advisor is presumed to be
 9  correct unless there is clear and convincing evidence to the
10  contrary as determined by the judge of compensation claims.
11  The expert medical advisor appointed to conduct the evaluation
12  shall have free and complete access to the medical records of
13  the employee. An employee who fails to report to and cooperate
14  with such evaluation forfeits entitlement to compensation
15  during the period of failure to report or cooperate.
16         (d)  The expert medical advisor must complete his or
17  her evaluation and issue his or her report to the agency
18  division or to the judge of compensation claims within 45 days
19  after receipt of all medical records. The expert medical
20  advisor must furnish a copy of the report to the carrier and
21  to the employee.
22         (e)  An expert medical advisor is not liable under any
23  theory of recovery for evaluations performed under this
24  section without a showing of fraud or malice. The protections
25  of s. 766.101 apply to any officer, employee, or agent of the
26  agency division and to any officer, employee, or agent of any
27  entity with which the agency division has contracted under
28  this subsection.
29         (f)  If the agency division or a judge of compensation
30  claims determines that the services of a certified expert
31  medical advisor are required to resolve a dispute under this
                                  53
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  section, the carrier must compensate the advisor for his or
 2  her time in accordance with a schedule adopted by the agency
 3  division. The agency division may assess a penalty not to
 4  exceed $500 against any carrier that fails to timely
 5  compensate an advisor in accordance with this section.
 6         (10)  WITNESS FEES.--Any health care provider who gives
 7  a deposition shall be allowed a witness fee. The amount
 8  charged by the witness may not exceed $200 per hour. An expert
 9  witness who has never provided direct professional services to
10  a party but has merely reviewed medical records and provided
11  an expert opinion or has provided only direct professional
12  services that were unrelated to the workers' compensation case
13  may not be allowed a witness fee in excess of $200 per day.
14         (11)  AUDITS BY AGENCY FOR HEALTH CARE ADMINISTRATION
15  DIVISION; JURISDICTION.--
16         (a)  The Agency for Health Care Administration Division
17  of Workers' Compensation of the Department of Labor and
18  Employment Security may investigate health care providers to
19  determine whether providers are complying with this chapter
20  and with rules adopted by the agency division, whether the
21  providers are engaging in overutilization, and whether
22  providers are engaging in improper billing practices. If the
23  agency division finds that a health care provider has
24  improperly billed, overutilized, or failed to comply with
25  agency division rules or the requirements of this chapter it
26  must notify the provider of its findings and may determine
27  that the health care provider may not receive payment from the
28  carrier or may impose penalties as set forth in subsection (8)
29  or other sections of this chapter. If the health care provider
30  has received payment from a carrier for services that were
31  improperly billed or for overutilization, it must return those
                                  54
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  payments to the carrier. The agency division may assess a
 2  penalty not to exceed $500 for each overpayment that is not
 3  refunded within 30 days after notification of overpayment by
 4  the agency division or carrier.
 5         (b)  The department division shall monitor and audit
 6  carriers, as provided in s. 624.3161, to determine if medical
 7  bills are paid in accordance with this section and department
 8  division rules. Any employer, if self-insured, or carrier
 9  found by the division not to be within 90 percent compliance
10  as to the payment of medical bills after July 1, 1994, must be
11  assessed a fine not to exceed 1 percent of the prior year's
12  assessment levied against such entity under s. 440.51 for
13  every quarter in which the entity fails to attain 90-percent
14  compliance. The department division shall fine or otherwise
15  discipline an employer or carrier, pursuant to this chapter,
16  the insurance code, or rules adopted by the department
17  division, for each late payment of compensation that is below
18  the minimum 90-percent performance standard. Any carrier that
19  is found to be not in compliance in subsequent consecutive
20  quarters must implement a medical-bill review program approved
21  by the division, and the carrier is subject to disciplinary
22  action by the Department of Insurance.
23         (c)  The agency division has exclusive jurisdiction to
24  decide any matters concerning reimbursement, to resolve any
25  overutilization dispute under subsection (7), and to decide
26  any question concerning overutilization under subsection (8),
27  which question or dispute arises after January 1, 1994.
28         (d)  The following agency division actions do not
29  constitute agency action subject to review under ss. 120.569
30  and 120.57 and do not constitute actions subject to s. 120.56:
31  referral by the entity responsible for utilization review; a
                                  55
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  decision by the agency division to refer a matter to a peer
 2  review committee; establishment by a health care provider or
 3  entity of procedures by which a peer review committee reviews
 4  the rendering of health care services; and the review
 5  proceedings, report, and recommendation of the peer review
 6  committee.
 7         (12)  CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
 8  REIMBURSEMENT ALLOWANCES.--
 9         (a)  A three-member panel is created, consisting of the
10  Insurance Commissioner, or the Insurance Commissioner's
11  designee, and two members to be appointed by the Governor,
12  subject to confirmation by the Senate, one member who, on
13  account of present or previous vocation, employment, or
14  affiliation, shall be classified as a representative of
15  employers, the other member who, on account of previous
16  vocation, employment, or affiliation, shall be classified as a
17  representative of employees. The panel shall determine
18  statewide schedules of maximum reimbursement allowances for
19  medically necessary treatment, care, and attendance provided
20  by physicians, hospitals, ambulatory surgical centers,
21  work-hardening programs, pain programs, and durable medical
22  equipment. The maximum reimbursement allowances for inpatient
23  hospital care shall be based on a schedule of per diem rates,
24  to be approved by the three-member panel no later than March
25  1, 1994, to be used in conjunction with a precertification
26  manual as determined by the agency division. All compensable
27  charges for hospital outpatient care shall be reimbursed at 75
28  percent of usual and customary charges. Until the three-member
29  panel approves a schedule of per diem rates for inpatient
30  hospital care and it becomes effective, all compensable
31  charges for hospital inpatient care must be reimbursed at 75
                                  56
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  percent of their usual and customary charges. Annually, the
 2  three-member panel shall adopt schedules of maximum
 3  reimbursement allowances for physicians, hospital inpatient
 4  care, hospital outpatient care, ambulatory surgical centers,
 5  work-hardening programs, and pain programs. However, the
 6  maximum percentage of increase in the individual reimbursement
 7  allowance may not exceed the percentage of increase in the
 8  Consumer Price Index for the previous year. An individual
 9  physician, hospital, ambulatory surgical center, pain program,
10  or work-hardening program shall be reimbursed either the usual
11  and customary charge for treatment, care, and attendance, the
12  agreed-upon contract price, the per diem rate for hospital
13  inpatient stay, or the maximum reimbursement allowance in the
14  appropriate schedule, whichever is less.
15         (b)  As to reimbursement for a prescription medication,
16  the reimbursement amount for a prescription shall be the
17  average wholesale price times 1.2 plus $4.18 for the
18  dispensing fee, except where the carrier has contracted for a
19  lower amount. Fees for pharmaceuticals and pharmaceutical
20  services shall be reimbursable at the applicable fee schedule
21  amount. Where the employer or carrier has contracted for such
22  services and the employee elects to obtain them through a
23  provider not a party to the contract, the carrier shall
24  reimburse at the schedule, negotiated, or contract price,
25  whichever is lower.
26         (c)  Reimbursement for all fees and other charges for
27  such treatment, care, and attendance, including treatment,
28  care, and attendance provided by any hospital or other health
29  care provider, ambulatory surgical center, work-hardening
30  program, or pain program, must not exceed the amounts provided
31  by the uniform schedule of maximum reimbursement allowances as
                                  57
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  determined by the panel or as otherwise provided in this
 2  section. This subsection also applies to independent medical
 3  examinations performed by health care providers under this
 4  chapter. Until the three-member panel approves a uniform
 5  schedule of maximum reimbursement allowances and it becomes
 6  effective, all compensable charges for treatment, care, and
 7  attendance provided by physicians, ambulatory surgical
 8  centers, work-hardening programs, or pain programs shall be
 9  reimbursed at the lowest maximum reimbursement allowance
10  across all 1992 schedules of maximum reimbursement allowances
11  for the services provided regardless of the place of service.
12  In determining the uniform schedule, the panel shall first
13  approve the data which it finds representative of prevailing
14  charges in the state for similar treatment, care, and
15  attendance of injured persons. Each health care provider,
16  health care facility, ambulatory surgical center,
17  work-hardening program, or pain program receiving workers'
18  compensation payments shall maintain records verifying their
19  usual charges. In establishing the uniform schedule of maximum
20  reimbursement allowances, the panel must consider:
21         1.  The levels of reimbursement for similar treatment,
22  care, and attendance made by other health care programs or
23  third-party providers;
24         2.  The impact upon cost to employers for providing a
25  level of reimbursement for treatment, care, and attendance
26  which will ensure the availability of treatment, care, and
27  attendance required by injured workers;
28         3.  The financial impact of the reimbursement
29  allowances upon health care providers and health care
30  facilities, including trauma centers as defined in s.
31  395.4001, and its effect upon their ability to make available
                                  58
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  to injured workers such medically necessary remedial
 2  treatment, care, and attendance. The uniform schedule of
 3  maximum reimbursement allowances must be reasonable, must
 4  promote health care cost containment and efficiency with
 5  respect to the workers' compensation health care delivery
 6  system, and must be sufficient to ensure availability of such
 7  medically necessary remedial treatment, care, and attendance
 8  to injured workers; and
 9         4.  The most recent average maximum allowable rate of
10  increase for hospitals determined by the Health Care Board
11  under chapter 408.
12         (13)  REMOVAL OF PHYSICIANS FROM LISTS OF THOSE
13  AUTHORIZED TO RENDER MEDICAL CARE.--The agency division shall
14  remove from the list of physicians or facilities authorized to
15  provide remedial treatment, care, and attendance under this
16  chapter the name of any physician or facility found after
17  reasonable investigation to have:
18         (a)  Engaged in professional or other misconduct or
19  incompetency in connection with medical services rendered
20  under this chapter;
21         (b)  Exceeded the limits of his or her or its
22  professional competence in rendering medical care under this
23  chapter, or to have made materially false statements regarding
24  his or her or its qualifications in his or her application;
25         (c)  Failed to transmit copies of medical reports to
26  the employer or carrier, or failed to submit full and truthful
27  medical reports of all his or her or its findings to the
28  employer or carrier as required under this chapter;
29         (d)  Solicited, or employed another to solicit for
30  himself or herself or itself or for another, professional
31  treatment, examination, or care of an injured employee in
                                  59
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  connection with any claim under this chapter;
 2         (e)  Refused to appear before, or to answer upon
 3  request of, the agency division or any duly authorized officer
 4  of the state, any legal question, or to produce any relevant
 5  book or paper concerning his or her conduct under any
 6  authorization granted to him or her under this chapter;
 7         (f)  Self-referred in violation of this chapter or
 8  other laws of this state; or
 9         (g)  Engaged in a pattern of practice of
10  overutilization or a violation of this chapter or rules
11  adopted by the agency division.
12         (14)  PAYMENT OF MEDICAL FEES.--
13         (a)  Except for emergency care treatment, fees for
14  medical services are payable only to a health care provider
15  certified and authorized to render remedial treatment, care,
16  or attendance under this chapter. A health care provider may
17  not collect or receive a fee from an injured employee within
18  this state, except as otherwise provided by this chapter. Such
19  providers have recourse against the employer or carrier for
20  payment for services rendered in accordance with this chapter.
21         (b)  Fees charged for remedial treatment, care, and
22  attendance may not exceed the applicable fee schedules adopted
23  under this chapter.
24         (c)  Notwithstanding any other provision of this
25  chapter, following overall maximum medical improvement from an
26  injury compensable under this chapter, the employee is
27  obligated to pay a copayment of $10 per visit for medical
28  services. The copayment shall not apply to emergency care
29  provided to the employee.
30         (15)  PRACTICE PARAMETERS.--
31         (a)  The Agency for Health Care Administration, in
                                  60
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  conjunction with the department division and appropriate
 2  health professional associations and health-related
 3  organizations shall develop and may adopt by rule
 4  scientifically sound practice parameters for medical
 5  procedures relevant to workers' compensation claimants.
 6  Practice parameters developed under this section must focus on
 7  identifying effective remedial treatments and promoting the
 8  appropriate utilization of health care resources. Priority
 9  must be given to those procedures that involve the greatest
10  utilization of resources either because they are the most
11  costly or because they are the most frequently performed.
12  Practice parameters for treatment of the 10 top procedures
13  associated with workers' compensation injuries including the
14  remedial treatment of lower-back injuries must be developed by
15  December 31, 1994.
16         (b)  The guidelines may be initially based on
17  guidelines prepared by nationally recognized health care
18  institutions and professional organizations but should be
19  tailored to meet the workers' compensation goal of returning
20  employees to full employment as quickly as medically possible,
21  taking into consideration outcomes data collected from managed
22  care providers and any other inpatient and outpatient
23  facilities serving workers' compensation claimants.
24         (c)  Procedures must be instituted which provide for
25  the periodic review and revision of practice parameters based
26  on the latest outcomes data, research findings, technological
27  advancements, and clinical experiences, at least once every 3
28  years.
29         (d)  Practice parameters developed under this section
30  must be used by carriers and the agency division in evaluating
31  the appropriateness and overutilization of medical services
                                  61
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  provided to injured employees.
 2         Section 19.  Subsection (23) of section 440.134,
 3  Florida Statutes, is amended to read:
 4         440.134  Workers' compensation managed care
 5  arrangement.--
 6         (23)  The agency shall immediately notify the
 7  Department of Insurance and the Department of Labor and
 8  Employment Security whenever it issues an administrative
 9  complaint or an order or otherwise initiates legal proceedings
10  resulting in, or which may result in, suspension or revocation
11  of an insurer's authorization.
12         Section 20.  Subsection (3) of section 440.14, Florida
13  Statutes, is amended to read:
14         440.14  Determination of pay.--
15         (3)  The department division shall establish by rule a
16  form which shall contain a simplified checklist of those items
17  which may be included as "wage" for determining the average
18  weekly wage.
19         Section 21.  Subsections (11), (13), and (14) of
20  section 440.02, Florida Statutes, are amended, and subsection
21  (40) is added to that section, to read:
22         440.02  Definitions.--When used in this chapter, unless
23  the context clearly requires otherwise, the following terms
24  shall have the following meanings:
25         (11)  "Department" means the Department of Insurance
26  Labor and Employment Security.
27         (13)  "Division" means the Division of Workers'
28  Compensation of the Department of Insurance Labor and
29  Employment Security.
30         (14)(a)  "Employee" means any person engaged in any
31  employment under any appointment or contract of hire or
                                  62
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  apprenticeship, express or implied, oral or written, whether
 2  lawfully or unlawfully employed, and includes, but is not
 3  limited to, aliens and minors.
 4         (b)  "Employee" includes any person who is an officer
 5  of a corporation and who performs services for remuneration
 6  for such corporation within this state, whether or not such
 7  services are continuous.
 8         1.  Any officer of a corporation may elect to be exempt
 9  from this chapter by filing written notice of the election
10  with the department division as provided in s. 440.05.
11         2.  As to officers of a corporation who are actively
12  engaged in the construction industry, no more than three
13  officers may elect to be exempt from this chapter by filing
14  written notice of the election with the department division as
15  provided in s. 440.05.
16         3.  An officer of a corporation who elects to be exempt
17  from this chapter by filing a written notice of the election
18  with the department division as provided in s. 440.05 is not
19  an employee.
20  
21  Services are presumed to have been rendered to the corporation
22  if the officer is compensated by other than dividends upon
23  shares of stock of the corporation which the officer owns.
24         (c)  "Employee" includes a sole proprietor or a partner
25  who devotes full time to the proprietorship or partnership
26  and, except as provided in this paragraph, elects to be
27  included in the definition of employee by filing notice
28  thereof as provided in s. 440.05. Partners or sole proprietors
29  actively engaged in the construction industry are considered
30  employees unless they elect to be excluded from the definition
31  of employee by filing written notice of the election with the
                                  63
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  department division as provided in s. 440.05. However, no more
 2  than three partners in a partnership that is actively engaged
 3  in the construction industry may elect to be excluded. A sole
 4  proprietor or partner who is actively engaged in the
 5  construction industry and who elects to be exempt from this
 6  chapter by filing a written notice of the election with the
 7  department division as provided in s. 440.05 is not an
 8  employee. For purposes of this chapter, an independent
 9  contractor is an employee unless he or she meets all of the
10  conditions set forth in subparagraph (d)1.
11         (d)  "Employee" does not include:
12         1.  An independent contractor, if:
13         a.  The independent contractor maintains a separate
14  business with his or her own work facility, truck, equipment,
15  materials, or similar accommodations;
16         b.  The independent contractor holds or has applied for
17  a federal employer identification number, unless the
18  independent contractor is a sole proprietor who is not
19  required to obtain a federal employer identification number
20  under state or federal requirements;
21         c.  The independent contractor performs or agrees to
22  perform specific services or work for specific amounts of
23  money and controls the means of performing the services or
24  work;
25         d.  The independent contractor incurs the principal
26  expenses related to the service or work that he or she
27  performs or agrees to perform;
28         e.  The independent contractor is responsible for the
29  satisfactory completion of work or services that he or she
30  performs or agrees to perform and is or could be held liable
31  for a failure to complete the work or services;
                                  64
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         f.  The independent contractor receives compensation
 2  for work or services performed for a commission or on a
 3  per-job or competitive-bid basis and not on any other basis;
 4         g.  The independent contractor may realize a profit or
 5  suffer a loss in connection with performing work or services;
 6         h.  The independent contractor has continuing or
 7  recurring business liabilities or obligations; and
 8         i.  The success or failure of the independent
 9  contractor's business depends on the relationship of business
10  receipts to expenditures.
11  
12  However, the determination as to whether an individual
13  included in the Standard Industrial Classification Manual of
14  1987, Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762,
15  0781, 0782, 0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436,
16  2448, or 2449, or a newspaper delivery person, is an
17  independent contractor is governed not by the criteria in this
18  paragraph but by common-law principles, giving due
19  consideration to the business activity of the individual.
20         2.  A real estate salesperson or agent, if that person
21  agrees, in writing, to perform for remuneration solely by way
22  of commission.
23         3.  Bands, orchestras, and musical and theatrical
24  performers, including disk jockeys, performing in licensed
25  premises as defined in chapter 562, if a written contract
26  evidencing an independent contractor relationship is entered
27  into before the commencement of such entertainment.
28         4.  An owner-operator of a motor vehicle who transports
29  property under a written contract with a motor carrier which
30  evidences a relationship by which the owner-operator assumes
31  the responsibility of an employer for the performance of the
                                  65
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  contract, if the owner-operator is required to furnish the
 2  necessary motor vehicle equipment and all costs incidental to
 3  the performance of the contract, including, but not limited
 4  to, fuel, taxes, licenses, repairs, and hired help; and the
 5  owner-operator is paid a commission for transportation service
 6  and is not paid by the hour or on some other time-measured
 7  basis.
 8         5.  A person whose employment is both casual and not in
 9  the course of the trade, business, profession, or occupation
10  of the employer.
11         6.  A volunteer, except a volunteer worker for the
12  state or a county, municipality, or other governmental entity.
13  A person who does not receive monetary remuneration for
14  services is presumed to be a volunteer unless there is
15  substantial evidence that a valuable consideration was
16  intended by both employer and employee. For purposes of this
17  chapter, the term "volunteer" includes, but is not limited to:
18         a.  Persons who serve in private nonprofit agencies and
19  who receive no compensation other than expenses in an amount
20  less than or equivalent to the standard mileage and per diem
21  expenses provided to salaried employees in the same agency or,
22  if such agency does not have salaried employees who receive
23  mileage and per diem, then such volunteers who receive no
24  compensation other than expenses in an amount less than or
25  equivalent to the customary mileage and per diem paid to
26  salaried workers in the community as determined by the
27  department division; and
28         b.  Volunteers participating in federal programs
29  established under Pub. L. No. 93-113.
30         7.  Any officer of a corporation who elects to be
31  exempt from this chapter.
                                  66
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         8.  A sole proprietor or officer of a corporation who
 2  actively engages in the construction industry, and a partner
 3  in a partnership that is actively engaged in the construction
 4  industry, who elects to be exempt from the provisions of this
 5  chapter. Such sole proprietor, officer, or partner is not an
 6  employee for any reason until the notice of revocation of
 7  election filed pursuant to s. 440.05 is effective.
 8         9.  An exercise rider who does not work for a single
 9  horse farm or breeder, and who is compensated for riding on a
10  case-by-case basis, provided a written contract is entered
11  into prior to the commencement of such activity which
12  evidences that an employee/employer relationship does not
13  exist.
14         10.  A taxicab, limousine, or other passenger
15  vehicle-for-hire driver who operates said vehicles pursuant to
16  a written agreement with a company which provides any
17  dispatch, marketing, insurance, communications, or other
18  services under which the driver and any fees or charges paid
19  by the driver to the company for such services are not
20  conditioned upon, or expressed as a proportion of, fare
21  revenues.
22         (40)  "Agency" means the Agency for Health Care
23  Administration.
24         Section 22.  Section 440.15, Florida Statutes, is
25  amended to read:
26         440.15  Compensation for disability.--Compensation for
27  disability shall be paid to the employee, subject to the
28  limits provided in s. 440.12(2), as follows:
29         (1)  PERMANENT TOTAL DISABILITY.--
30         (a)  In case of total disability adjudged to be
31  permanent, 66 2/3  percent of the average weekly wages shall
                                  67
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  be paid to the employee during the continuance of such total
 2  disability.
 3         (b)  Only a catastrophic injury as defined in s. 440.02
 4  shall, in the absence of conclusive proof of a substantial
 5  earning capacity, constitute permanent total disability. Only
 6  claimants with catastrophic injuries are eligible for
 7  permanent total benefits. In no other case may permanent total
 8  disability be awarded.
 9         (c)  In cases of permanent total disability resulting
10  from injuries that occurred prior to July 1, 1955, such
11  payments shall not be made in excess of 700 weeks.
12         (d)  If an employee who is being paid compensation for
13  permanent total disability becomes rehabilitated to the extent
14  that she or he establishes an earning capacity, the employee
15  shall be paid, instead of the compensation provided in
16  paragraph (a), benefits pursuant to subsection (3). The
17  department division shall adopt rules to enable a permanently
18  and totally disabled employee who may have reestablished an
19  earning capacity to undertake a trial period of reemployment
20  without prejudicing her or his return to permanent total
21  status in the case that such employee is unable to sustain an
22  earning capacity.
23         (e)1.  The employer's or carrier's right to conduct
24  vocational evaluations or testing pursuant to s. 440.491
25  continues even after the employee has been accepted or
26  adjudicated as entitled to compensation under this chapter.
27  This right includes, but is not limited to, instances in which
28  such evaluations or tests are recommended by a treating
29  physician or independent medical-examination physician,
30  instances warranted by a change in the employee's medical
31  condition, or instances in which the employee appears to be
                                  68
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  making appropriate progress in recuperation. This right may
 2  not be exercised more than once every calendar year.
 3         2.  The carrier must confirm the scheduling of the
 4  vocational evaluation or testing in writing, and must notify
 5  employee's counsel, if any, at least 7 days before the date on
 6  which vocational evaluation or testing is scheduled to occur.
 7         3.  Pursuant to an order of the judge of compensation
 8  claims, the employer or carrier may withhold payment of
 9  benefits for permanent total disability or supplements for any
10  period during which the employee willfully fails or refuses to
11  appear without good cause for the scheduled vocational
12  evaluation or testing.
13         (f)1.  If permanent total disability results from
14  injuries that occurred subsequent to June 30, 1955, and for
15  which the liability of the employer for compensation has not
16  been discharged under s. 440.20(11), the injured employee
17  shall receive additional weekly compensation benefits equal to
18  5 percent of her or his weekly compensation rate, as
19  established pursuant to the law in effect on the date of her
20  or his injury, multiplied by the number of calendar years
21  since the date of injury. The weekly compensation payable and
22  the additional benefits payable under this paragraph, when
23  combined, may not exceed the maximum weekly compensation rate
24  in effect at the time of payment as determined pursuant to s.
25  440.12(2). Entitlement to these supplemental payments shall
26  cease at age 62 if the employee is eligible for social
27  security benefits under 42 U.S.C. ss. 402 and 423, whether or
28  not the employee has applied for such benefits. These
29  supplemental benefits shall be paid by the division out of the
30  Workers' Compensation Administration Trust Fund when the
31  injury occurred subsequent to June 30, 1955, and before July
                                  69
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  1, 1984. These supplemental benefits shall be paid by the
 2  employer when the injury occurred on or after July 1, 1984.
 3  Supplemental benefits are not payable for any period prior to
 4  October 1, 1974.
 5         2.a.  The department division shall provide by rule for
 6  the periodic reporting to the department division of all
 7  earnings of any nature and social security income by the
 8  injured employee entitled to or claiming additional
 9  compensation under subparagraph 1. Neither the department
10  division nor the employer or carrier shall make any payment of
11  those additional benefits provided by subparagraph 1. for any
12  period during which the employee willfully fails or refuses to
13  report upon request by the department division in the manner
14  prescribed by such rules.
15         b.  The department division shall provide by rule for
16  the periodic reporting to the employer or carrier of all
17  earnings of any nature and social security income by the
18  injured employee entitled to or claiming benefits for
19  permanent total disability. The employer or carrier is not
20  required to make any payment of benefits for permanent total
21  disability for any period during which the employee willfully
22  fails or refuses to report upon request by the employer or
23  carrier in the manner prescribed by such rules or if any
24  employee who is receiving permanent total disability benefits
25  refuses to apply for or cooperate with the employer or carrier
26  in applying for social security benefits.
27         3.  When an injured employee receives a full or partial
28  lump-sum advance of the employee's permanent total disability
29  compensation benefits, the employee's benefits under this
30  paragraph shall be computed on the employee's weekly
31  compensation rate as reduced by the lump-sum advance.
                                  70
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (2)  TEMPORARY TOTAL DISABILITY.--
 2         (a)  In case of disability total in character but
 3  temporary in quality, 66 2/3  percent of the average weekly
 4  wages shall be paid to the employee during the continuance
 5  thereof, not to exceed 104 weeks except as provided in this
 6  subsection, s. 440.12(1), and s. 440.14(3). Once the employee
 7  reaches the maximum number of weeks allowed, or the employee
 8  reaches the date of maximum medical improvement, whichever
 9  occurs earlier, temporary disability benefits shall cease and
10  the injured worker's permanent impairment shall be determined.
11         (b)  Notwithstanding the provisions of paragraph (a),
12  an employee who has sustained the loss of an arm, leg, hand,
13  or foot, has been rendered a paraplegic, paraparetic,
14  quadriplegic, or quadriparetic, or has lost the sight of both
15  eyes shall be paid temporary total disability of 80 percent of
16  her or his average weekly wage. The increased temporary total
17  disability compensation provided for in this paragraph must
18  not extend beyond 6 months from the date of the accident. The
19  compensation provided by this paragraph is not subject to the
20  limits provided in s. 440.12(2), but instead is subject to a
21  maximum weekly compensation rate of $700. If, at the
22  conclusion of this period of increased temporary total
23  disability compensation, the employee is still temporarily
24  totally disabled, the employee shall continue to receive
25  temporary total disability compensation as set forth in
26  paragraphs (a) and (c). The period of time the employee has
27  received this increased compensation will be counted as part
28  of, and not in addition to, the maximum periods of time for
29  which the employee is entitled to compensation under paragraph
30  (a) but not paragraph (c).
31         (c)  Temporary total disability benefits paid pursuant
                                  71
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  to this subsection shall include such period as may be
 2  reasonably necessary for training in the use of artificial
 3  members and appliances, and shall include such period as the
 4  employee may be receiving training and education under a
 5  program pursuant to s. 440.49(1). Notwithstanding s.
 6  440.02(9), the date of maximum medical improvement for
 7  purposes of paragraph (3)(b) shall be no earlier than the last
 8  day for which such temporary disability benefits are paid.
 9         (d)  The department division shall, by rule, provide
10  for the periodic reporting to the department division,
11  employer, or carrier of all earned income, including income
12  from social security, by the injured employee who is entitled
13  to or claiming benefits for temporary total disability. The
14  employer or carrier is not required to make any payment of
15  benefits for temporary total disability for any period during
16  which the employee willfully fails or refuses to report upon
17  request by the employer or carrier in the manner prescribed by
18  the rules. The rule must require the claimant to personally
19  sign the claim form and attest that she or he has reviewed,
20  understands, and acknowledges the foregoing.
21         (3)  PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
22         (a)  Impairment benefits.--
23         1.  Once the employee has reached the date of maximum
24  medical improvement, impairment benefits are due and payable
25  within 20 days after the carrier has knowledge of the
26  impairment.
27         2.  The three-member panel, in cooperation with the
28  department division, shall establish and use a uniform
29  permanent impairment rating schedule. This schedule must be
30  based on medically or scientifically demonstrable findings as
31  well as the systems and criteria set forth in the American
                                  72
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Medical Association's Guides to the Evaluation of Permanent
 2  Impairment; the Snellen Charts, published by American Medical
 3  Association Committee for Eye Injuries; and the Minnesota
 4  Department of Labor and Industry Disability Schedules. The
 5  schedule should be based upon objective findings. The schedule
 6  shall be more comprehensive than the AMA Guides to the
 7  Evaluation of Permanent Impairment and shall expand the areas
 8  already addressed and address additional areas not currently
 9  contained in the guides. On August 1, 1979, and pending the
10  adoption, by rule, of a permanent schedule, Guides to the
11  Evaluation of Permanent Impairment, copyright 1977, 1971,
12  1988, by the American Medical Association, shall be the
13  temporary schedule and shall be used for the purposes hereof.
14  For injuries after July 1, 1990, pending the adoption by
15  department division rule of a uniform disability rating
16  schedule, the Minnesota Department of Labor and Industry
17  Disability Schedule shall be used unless that schedule does
18  not address an injury. In such case, the Guides to the
19  Evaluation of Permanent Impairment by the American Medical
20  Association shall be used. Determination of permanent
21  impairment under this schedule must be made by a physician
22  licensed under chapter 458, a doctor of osteopathic medicine
23  licensed under chapters 458 and 459, a chiropractic physician
24  licensed under chapter 460, a podiatric physician licensed
25  under chapter 461, an optometrist licensed under chapter 463,
26  or a dentist licensed under chapter 466, as appropriate
27  considering the nature of the injury. No other persons are
28  authorized to render opinions regarding the existence of or
29  the extent of permanent impairment.
30         3.  All impairment income benefits shall be based on an
31  impairment rating using the impairment schedule referred to in
                                  73
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  subparagraph 2. Impairment income benefits are paid weekly at
 2  the rate of 50 percent of the employee's average weekly
 3  temporary total disability benefit not to exceed the maximum
 4  weekly benefit under s. 440.12. An employee's entitlement to
 5  impairment income benefits begins the day after the employee
 6  reaches maximum medical improvement or the expiration of
 7  temporary benefits, whichever occurs earlier, and continues
 8  until the earlier of:
 9         a.  The expiration of a period computed at the rate of
10  3 weeks for each percentage point of impairment; or
11         b.  The death of the employee.
12         4.  After the employee has been certified by a doctor
13  as having reached maximum medical improvement or 6 weeks
14  before the expiration of temporary benefits, whichever occurs
15  earlier, the certifying doctor shall evaluate the condition of
16  the employee and assign an impairment rating, using the
17  impairment schedule referred to in subparagraph 2.
18  Compensation is not payable for the mental, psychological, or
19  emotional injury arising out of depression from being out of
20  work. If the certification and evaluation are performed by a
21  doctor other than the employee's treating doctor, the
22  certification and evaluation must be submitted to the treating
23  doctor, and the treating doctor must indicate agreement or
24  disagreement with the certification and evaluation. The
25  certifying doctor shall issue a written report to the
26  department division, the employee, and the carrier certifying
27  that maximum medical improvement has been reached, stating the
28  impairment rating, and providing any other information
29  required by the department by rule division. If the employee
30  has not been certified as having reached maximum medical
31  improvement before the expiration of 102 weeks after the date
                                  74
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  temporary total disability benefits begin to accrue, the
 2  carrier shall notify the treating doctor of the requirements
 3  of this section.
 4         5.  The carrier shall pay the employee impairment
 5  income benefits for a period based on the impairment rating.
 6         6.  The department division may by rule specify forms
 7  and procedures governing the method of payment of wage loss
 8  and impairment benefits for dates of accidents before January
 9  1, 1994, and for dates of accidents on or after January 1,
10  1994.
11         (b)  Supplemental benefits.--
12         1.  All supplemental benefits must be paid in
13  accordance with this subsection. An employee is entitled to
14  supplemental benefits as provided in this paragraph as of the
15  expiration of the impairment period, if:
16         a.  The employee has an impairment rating from the
17  compensable injury of 20 percent or more as determined
18  pursuant to this chapter;
19         b.  The employee has not returned to work or has
20  returned to work earning less than 80 percent of the
21  employee's average weekly wage as a direct result of the
22  employee's impairment; and
23         c.  The employee has in good faith attempted to obtain
24  employment commensurate with the employee's ability to work.
25         2.  If an employee is not entitled to supplemental
26  benefits at the time of payment of the final weekly impairment
27  income benefit because the employee is earning at least 80
28  percent of the employee's average weekly wage, the employee
29  may become entitled to supplemental benefits at any time
30  within 1 year after the impairment income benefit period ends
31  if:
                                  75
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         a.  The employee earns wages that are less than 80
 2  percent of the employee's average weekly wage for a period of
 3  at least 90 days;
 4         b.  The employee meets the other requirements of
 5  subparagraph 1.; and
 6         c.  The employee's decrease in earnings is a direct
 7  result of the employee's impairment from the compensable
 8  injury.
 9         3.  If an employee earns wages that are at least 80
10  percent of the employee's average weekly wage for a period of
11  at least 90 days during which the employee is receiving
12  supplemental benefits, the employee ceases to be entitled to
13  supplemental benefits for the filing period. Supplemental
14  benefits that have been terminated shall be reinstated when
15  the employee satisfies the conditions enumerated in
16  subparagraph 2. and files the statement required under
17  subparagraph 5. Notwithstanding any other provision, if an
18  employee is not entitled to supplemental benefits for 12
19  consecutive months, the employee ceases to be entitled to any
20  additional income benefits for the compensable injury. If the
21  employee is discharged within 12 months after losing
22  entitlement under this subsection, benefits may be reinstated
23  if the employee was discharged at that time with the intent to
24  deprive the employee of supplemental benefits.
25         4.  During the period that impairment income benefits
26  or supplemental income benefits are being paid, the carrier
27  has the affirmative duty to determine at least annually
28  whether any extended unemployment or underemployment is a
29  direct result of the employee's impairment. To accomplish this
30  purpose, the division may require periodic reports from the
31  employee and the carrier, and it may, at the carrier's
                                  76
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  expense, require any physical or other examinations,
 2  vocational assessments, or other tests or diagnoses necessary
 3  to verify that the carrier is performing its duty. Not more
 4  than once in each 12 calendar months, the employee and the
 5  carrier may each request that the division review the status
 6  of the employee and determine whether the carrier has
 7  performed its duty with respect to whether the employee's
 8  unemployment or underemployment is a direct result of
 9  impairment from the compensable injury.
10         4.5.  After the initial determination of supplemental
11  benefits, the employee must file a statement with the carrier
12  stating that the employee has earned less than 80 percent of
13  the employee's average weekly wage as a direct result of the
14  employee's impairment, stating the amount of wages the
15  employee earned in the filing period, and stating that the
16  employee has in good faith sought employment commensurate with
17  the employee's ability to work. The statement must be filed
18  quarterly on a form and in the manner prescribed by the
19  department division. The department division may modify the
20  filing period as appropriate to an individual case. Failure to
21  file a statement relieves the carrier of liability for
22  supplemental benefits for the period during which a statement
23  is not filed.
24         5.6.  The carrier shall begin payment of supplemental
25  benefits not later than the seventh day after the expiration
26  date of the impairment income benefit period and shall
27  continue to timely pay those benefits. The carrier may request
28  a mediation conference for the purpose of contesting the
29  employee's entitlement to or the amount of supplemental income
30  benefits.
31         6.7.  Supplemental benefits are calculated quarterly
                                  77
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  and paid monthly. For purposes of calculating supplemental
 2  benefits, 80 percent of the employee's average weekly wage and
 3  the average wages the employee has earned per week are
 4  compared quarterly. For purposes of this paragraph, if the
 5  employee is offered a bona fide position of employment that
 6  the employee is capable of performing, given the physical
 7  condition of the employee and the geographic accessibility of
 8  the position, the employee's weekly wages are considered
 9  equivalent to the weekly wages for the position offered to the
10  employee.
11         7.8.  Supplemental benefits are payable at the rate of
12  80 percent of the difference between 80 percent of the
13  employee's average weekly wage determined pursuant to s.
14  440.14 and the weekly wages the employee has earned during the
15  reporting period, not to exceed the maximum weekly income
16  benefit under s. 440.12.
17         8.9.  The department division may by rule define terms
18  that are necessary for the administration of this section and
19  forms and procedures governing the method of payment of
20  supplemental benefits for dates of accidents before January 1,
21  1994, and for dates of accidents on or after January 1, 1994.
22         (c)  Duration of temporary impairment and supplemental
23  income benefits.--The employee's eligibility for temporary
24  benefits, impairment income benefits, and supplemental
25  benefits terminates on the expiration of 401 weeks after the
26  date of injury.
27         (4)  TEMPORARY PARTIAL DISABILITY.--
28         (a)  In case of temporary partial disability,
29  compensation shall be equal to 80 percent of the difference
30  between 80 percent of the employee's average weekly wage and
31  the salary, wages, and other remuneration the employee is able
                                  78
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  to earn, as compared weekly; however, the weekly benefits may
 2  not exceed an amount equal to 66 2/3  percent of the
 3  employee's average weekly wage at the time of injury. In order
 4  to simplify the comparison of the preinjury average weekly
 5  wage with the salary, wages, and other remuneration the
 6  employee is able to earn, the department division may by rule
 7  provide for the modification of the weekly comparison so as to
 8  coincide as closely as possible with the injured worker's pay
 9  periods. The amount determined to be the salary, wages, and
10  other remuneration the employee is able to earn shall in no
11  case be less than the sum actually being earned by the
12  employee, including earnings from sheltered employment.
13         (b)  Such benefits shall be paid during the continuance
14  of such disability, not to exceed a period of 104 weeks, as
15  provided by this subsection and subsection (2). Once the
16  injured employee reaches the maximum number of weeks,
17  temporary disability benefits cease and the injured worker's
18  permanent impairment must be determined. The department
19  division may by rule specify forms and procedures governing
20  the method of payment of temporary disability benefits for
21  dates of accidents before January 1, 1994, and for dates of
22  accidents on or after January 1, 1994.
23         (5)  SUBSEQUENT INJURY.--
24         (a)  The fact that an employee has suffered previous
25  disability, impairment, anomaly, or disease, or received
26  compensation therefor, shall not preclude her or him from
27  benefits for a subsequent aggravation or acceleration of the
28  preexisting condition nor preclude benefits for death
29  resulting therefrom, except that no benefits shall be payable
30  if the employee, at the time of entering into the employment
31  of the employer by whom the benefits would otherwise be
                                  79
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  payable, falsely represents herself or himself in writing as
 2  not having previously been disabled or compensated because of
 3  such previous disability, impairment, anomaly, or disease and
 4  the employer detrimentally relies on the misrepresentation.
 5  Compensation for temporary disability, medical benefits, and
 6  wage-loss benefits shall not be subject to apportionment.
 7         (b)  If a compensable permanent impairment, or any
 8  portion thereof, is a result of aggravation or acceleration of
 9  a preexisting condition, or is the result of merger with a
10  preexisting impairment, an employee eligible to receive
11  impairment benefits under paragraph (3)(a) shall receive such
12  benefits for the total impairment found to result, excluding
13  the degree of impairment existing at the time of the subject
14  accident or injury or which would have existed by the time of
15  the impairment rating without the intervention of the
16  compensable accident or injury. The degree of permanent
17  impairment attributable to the accident or injury shall be
18  compensated in accordance with paragraph (3)(a). As used in
19  this paragraph, "merger" means the combining of a preexisting
20  permanent impairment with a subsequent compensable permanent
21  impairment which, when the effects of both are considered
22  together, result in a permanent impairment rating which is
23  greater than the sum of the two permanent impairment ratings
24  when each impairment is considered individually.
25         (6)  OBLIGATION TO REHIRE.--If the employer has not in
26  good faith made available to the employee, within a 100-mile
27  radius of the employee's residence, work appropriate to the
28  employee's physical limitations within 30 days after the
29  carrier notifies the employer of maximum medical improvement
30  and the employee's physical limitations, the employer shall
31  pay to the department division for deposit into the Workers'
                                  80
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Compensation Administration Trust Fund a fine of $250 for
 2  every $5,000 of the employer's workers' compensation premium
 3  or payroll, not to exceed $2,000 per violation, as the
 4  department division requires by rule. The employer is not
 5  subject to this subsection if the employee is receiving
 6  permanent total disability benefits or if the employer has 50
 7  or fewer employees.
 8         (7)  EMPLOYEE REFUSES EMPLOYMENT.--If an injured
 9  employee refuses employment suitable to the capacity thereof,
10  offered to or procured therefor, such employee shall not be
11  entitled to any compensation at any time during the
12  continuance of such refusal unless at any time in the opinion
13  of the judge of compensation claims such refusal is
14  justifiable.
15         (8)  EMPLOYEE LEAVES EMPLOYMENT.--If an injured
16  employee, when receiving compensation for temporary partial
17  disability, leaves the employment of the employer by whom she
18  or he was employed at the time of the accident for which such
19  compensation is being paid, the employee shall, upon securing
20  employment elsewhere, give to such former employer an
21  affidavit in writing containing the name of her or his new
22  employer, the place of employment, and the amount of wages
23  being received at such new employment; and, until she or he
24  gives such affidavit, the compensation for temporary partial
25  disability will cease. The employer by whom such employee was
26  employed at the time of the accident for which such
27  compensation is being paid may also at any time demand of such
28  employee an additional affidavit in writing containing the
29  name of her or his employer, the place of her or his
30  employment, and the amount of wages she or he is receiving;
31  and if the employee, upon such demand, fails or refuses to
                                  81
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  make and furnish such affidavit, her or his right to
 2  compensation for temporary partial disability shall cease
 3  until such affidavit is made and furnished.
 4         (9)  EMPLOYEE BECOMES INMATE OF INSTITUTION.--In case
 5  an employee becomes an inmate of a public institution, then no
 6  compensation shall be payable unless she or he has dependent
 7  upon her or him for support a person or persons defined as
 8  dependents elsewhere in this chapter, whose dependency shall
 9  be determined as if the employee were deceased and to whom
10  compensation would be paid in case of death; and such
11  compensation as is due such employee shall be paid such
12  dependents during the time she or he remains such inmate.
13         (10)  EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
14  AND FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
15  ACT.--
16         (a)  Weekly compensation benefits payable under this
17  chapter for disability resulting from injuries to an employee
18  who becomes eligible for benefits under 42 U.S.C. s. 423 shall
19  be reduced to an amount whereby the sum of such compensation
20  benefits payable under this chapter and such total benefits
21  otherwise payable for such period to the employee and her or
22  his dependents, had such employee not been entitled to
23  benefits under this chapter, under 42 U.S.C. ss. 402 and 423,
24  does not exceed 80 percent of the employee's average weekly
25  wage. However, this provision shall not operate to reduce an
26  injured worker's benefits under this chapter to a greater
27  extent than such benefits would have otherwise been reduced
28  under 42 U.S.C. s. 424(a). This reduction of compensation
29  benefits is not applicable to any compensation benefits
30  payable for any week subsequent to the week in which the
31  injured worker reaches the age of 62 years.
                                  82
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (b)  If the provisions of 42 U.S.C. s. 424(a) are
 2  amended to provide for a reduction or increase of the
 3  percentage of average current earnings that the sum of
 4  compensation benefits payable under this chapter and the
 5  benefits payable under 42 U.S.C. ss. 402 and 423 can equal,
 6  the amount of the reduction of benefits provided in this
 7  subsection shall be reduced or increased accordingly. The
 8  department division may by rule specify forms and procedures
 9  governing the method for calculating and administering the
10  offset of benefits payable under this chapter and benefits
11  payable under 42 U.S.C. ss. 402 and 423. The department
12  division shall have first priority in taking any available
13  social security offsets on dates of accidents occurring before
14  July 1, 1984.
15         (c)  No disability compensation benefits payable for
16  any week, including those benefits provided by paragraph
17  (1)(f), shall be reduced pursuant to this subsection until the
18  Social Security Administration determines the amount otherwise
19  payable to the employee under 42 U.S.C. ss. 402 and 423 and
20  the employee has begun receiving such social security benefit
21  payments. The employee shall, upon demand by the department
22  division, the employer, or the carrier, authorize the Social
23  Security Administration to release disability information
24  relating to her or him and authorize the Division of
25  Unemployment Compensation to release unemployment compensation
26  information relating to her or him, in accordance with rules
27  to be promulgated by the department division prescribing the
28  procedure and manner for requesting the authorization and for
29  compliance by the employee. Neither the department division
30  nor the employer or carrier shall make any payment of benefits
31  for total disability or those additional benefits provided by
                                  83
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  paragraph (1)(f) for any period during which the employee
 2  willfully fails or refuses to authorize the release of
 3  information in the manner and within the time prescribed by
 4  such rules. The authority for release of disability
 5  information granted by an employee under this paragraph shall
 6  be effective for a period not to exceed 12 months, such
 7  authority to be renewable as the department division may
 8  prescribe by rule.
 9         (d)  If compensation benefits are reduced pursuant to
10  this subsection, the minimum compensation provisions of s.
11  440.12(2) do not apply.
12         (11)  EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
13  WHO HAS RECEIVED OR IS ENTITLED TO RECEIVE UNEMPLOYMENT
14  COMPENSATION.--
15         (a)  No compensation benefits shall be payable for
16  temporary total disability or permanent total disability under
17  this chapter for any week in which the injured employee has
18  received, or is receiving, unemployment compensation benefits.
19         (b)  If an employee is entitled to temporary partial
20  benefits pursuant to subsection (4) and unemployment
21  compensation benefits, such unemployment compensation benefits
22  shall be primary and the temporary partial benefits shall be
23  supplemental only, the sum of the two benefits not to exceed
24  the amount of temporary partial benefits which would otherwise
25  be payable.
26         (12)  FULL-PAY STATUS FOR CERTAIN LAW ENFORCEMENT
27  OFFICERS.--Any law enforcement officer as defined in s.
28  943.10(1), (2), or (3) who, while acting within the course of
29  employment as provided by s. 440.091, is maliciously or
30  intentionally injured and who thereby sustains a job-connected
31  disability compensable under this chapter shall be carried in
                                  84
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  full-pay status rather than being required to use sick,
 2  annual, or other leave. Full-pay status shall be granted only
 3  after submission to the employing agency's head of a medical
 4  report which gives a current diagnosis of the employee's
 5  recovery and ability to return to work. In no case shall the
 6  employee's salary and workers' compensation benefits exceed
 7  the amount of the employee's regular salary requirements.
 8         (13)  REPAYMENT.--If an employee has received a sum as
 9  an indemnity benefit under any classification or category of
10  benefit under this chapter to which she or he is not entitled,
11  the employee is liable to repay that sum to the employer or
12  the carrier or to have that sum deducted from future benefits,
13  regardless of the classification of benefits, payable to the
14  employee under this chapter; however, a partial payment of the
15  total repayment may not exceed 20 percent of the amount of the
16  biweekly payment.
17         Section 23.  Section 440.17, Florida Statutes, is
18  amended to read:
19         440.17  Guardian for minor or incompetent.--Prior to
20  the filing of a claim, the department division, and after the
21  filing of a claim, a judge of compensation claims, may require
22  the appointment by a court of competent jurisdiction, for any
23  person who is mentally incompetent or a minor, of a guardian
24  or other representative to receive compensation payable to
25  such person under this chapter and to exercise the powers
26  granted to or to perform the duties required of such person
27  under this chapter; however, the judge of compensation claims,
28  in the judge of compensation claims' discretion, may designate
29  in the compensation award a person to whom payment of
30  compensation may be paid for a minor or incompetent, in which
31  event payment to such designated person shall discharge all
                                  85
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  liability for such compensation.
 2         Section 24.  Section 440.185, Florida Statutes, is
 3  amended to read:
 4         440.185  Notice of injury or death; reports; penalties
 5  for violations.--
 6         (1)  An employee who suffers an injury arising out of
 7  and in the course of employment shall advise his or her
 8  employer of the injury within 30 days after the date of or
 9  initial manifestation of the injury. Failure to so advise the
10  employer shall bar a petition under this chapter unless:
11         (a)  The employer or the employer's agent had actual
12  knowledge of the injury;
13         (b)  The cause of the injury could not be identified
14  without a medical opinion and the employee advised the
15  employer within 30 days after obtaining a medical opinion
16  indicating that the injury arose out of and in the course of
17  employment;
18         (c)  The employer did not put its employees on notice
19  of the requirements of this section by posting notice pursuant
20  to s. 440.055; or
21         (d)  Exceptional circumstances, outside the scope of
22  paragraph (a) or paragraph (b) justify such failure.
23  
24  In the event of death arising out of and in the course of
25  employment, the requirements of this subsection shall be
26  satisfied by the employee's agent or estate. Documents
27  prepared by counsel in connection with litigation, including
28  but not limited to notices of appearance, petitions, motions,
29  or complaints, shall not constitute notice for purposes of
30  this section.
31         (2)  Within 7 days after actual knowledge of injury or
                                  86
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  death, the employer shall report such injury or death to its
 2  carrier, in a format prescribed by the department division,
 3  and shall provide a copy of such report to the employee or the
 4  employee's estate. The report of injury shall contain the
 5  following information:
 6         (a)  The name, address, and business of the employer;
 7         (b)  The name, social security number, street, mailing
 8  address, telephone number, and occupation of the employee;
 9         (c)  The cause and nature of the injury or death;
10         (d)  The year, month, day, and hour when, and the
11  particular locality where, the injury or death occurred; and
12         (e)  Such other information as the department division
13  may require.
14  
15  The carrier shall, within 14 days after the employer's receipt
16  of the form reporting the injury, file the information
17  required by this subsection with the department division in
18  Tallahassee. However, the department division may by rule
19  provide for a different reporting system for those types of
20  injuries which it determines should be reported in a different
21  manner and for those cases which involve minor injuries
22  requiring professional medical attention in which the employee
23  does not lose more than 7 days of work as a result of the
24  injury and is able to return to the job immediately after
25  treatment and resume regular work.
26         (3)  In addition to the requirements of subsection (2),
27  the employer shall notify the department division within 24
28  hours by telephone or telegraph of any injury resulting in
29  death.  However, this special notice shall not be required
30  when death results subsequent to the submission to the
31  department division of a previous report of the injury
                                  87
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  pursuant to subsection (2).
 2         (4)  Within 3 days after the employer or the employee
 3  informs the carrier of an injury the carrier shall mail to the
 4  injured worker an informational brochure approved by the
 5  department division which sets forth in clear and
 6  understandable language an explanation of the rights,
 7  benefits, procedures for obtaining benefits and assistance,
 8  criminal penalties, and obligations of injured workers and
 9  their employers under the Florida Workers' Compensation Law.
10  Annually, the carrier or its third-party administrator shall
11  mail to the employer an informational brochure approved by the
12  department division which sets forth in clear and
13  understandable language an explanation of the rights,
14  benefits, procedures for obtaining benefits and assistance,
15  criminal penalties, and obligations of injured workers and
16  their employers under the Florida Workers' Compensation Law.
17  All such informational brochures shall contain a notice that
18  clearly states in substance the following: "Any person who,
19  knowingly and with intent to injure, defraud, or deceive any
20  employer or employee, insurance company, or self-insured
21  program, files a statement of claim containing any false or
22  misleading information commits a felony of the third degree."
23         (5)  Additional reports with respect to such injury and
24  of the condition of such employee, including copies of medical
25  reports, funeral expenses, and wage statements, shall be filed
26  by the employer or carrier to the department division at such
27  times and in such manner as the department division may
28  prescribe by rule.  In carrying out its responsibilities under
29  this chapter, the department and agency division may by rule
30  provide for the obtaining of any medical records relating to
31  medical treatment provided pursuant to this chapter,
                                  88
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  notwithstanding the provisions of ss. 90.503 and 395.3025(4).
 2         (6)  In the absence of a stipulation by the parties,
 3  reports provided for in subsection (2), subsection (4), or
 4  subsection (5) shall not be evidence of any fact stated in
 5  such report in any proceeding relating thereto, except for
 6  medical reports which, if otherwise qualified, may be admitted
 7  at the discretion of the judge of compensation claims.
 8         (7)  Every carrier shall file with the department
 9  division within 21 days after the issuance of a policy or
10  contract of insurance such policy information as the
11  department division may require, including notice of whether
12  the policy is a minimum premium policy. Notice of cancellation
13  or expiration of a policy as set out in s. 440.42(3) shall be
14  mailed to the department division in accordance with rules
15  adopted promulgated by the department division under chapter
16  120.
17         (8)  When a claimant, employer, or carrier has the
18  right, or is required, to mail a report or notice with
19  required copies within the times prescribed in subsection (2),
20  subsection (4), or subsection (5), such mailing will be
21  completed and in compliance with this section if it is
22  postmarked and mailed prepaid to the appropriate recipient
23  prior to the expiration of the time periods prescribed in this
24  section.
25         (9)  Any employer or carrier who fails or refuses to
26  timely send any form, report, or notice required by this
27  section shall be subject to a civil penalty not to exceed $500
28  for each such failure or refusal. However, any employer who
29  fails to notify the carrier of the injury on the prescribed
30  form or by letter within the 7 days required in subsection (2)
31  shall be liable for the civil penalty, which shall be paid by
                                  89
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  the employer and not the carrier.  Failure by the employer to
 2  meet its obligations under subsection (2) shall not relieve
 3  the carrier from liability for the civil penalty if it fails
 4  to comply with subsections (4) and (5).
 5         (10)  The department division may by rule prescribe
 6  forms and procedures governing the submission of the change in
 7  claims administration report and the risk class code and
 8  standard industry code report for all lost time and denied
 9  lost-time cases. The department division may by rule define
10  terms that are necessary for the effective administration of
11  this section.
12         (11)  Any information in a report of injury or illness
13  filed pursuant to this section that would identify an ill or
14  injured employee is confidential and exempt from the
15  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
16  Constitution. This subsection is subject to the Open
17  Government Sunset Review Act of 1995 in accordance with s.
18  119.15, and shall stand repealed on October 2, 2003, unless
19  reviewed and saved from repeal through reenactment by the
20  Legislature.
21         Section 25.  Subsection (1) of section 440.191, Florida
22  Statutes, is amended to read:
23         440.191  Employee Assistance and Ombudsman Office.--
24         (1)(a)  In order to effect the self-executing features
25  of the Workers' Compensation Law, this chapter shall be
26  construed to permit injured employees and employers or the
27  employer's carrier to resolve disagreements without undue
28  expense, costly litigation, or delay in the provisions of
29  benefits. It is the duty of all who participate in the
30  workers' compensation system, including, but not limited to,
31  carriers, service providers, health care providers, attorneys,
                                  90
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  employers, and employees, to attempt to resolve disagreements
 2  in good faith and to cooperate with the department's
 3  division's efforts to resolve disagreements between the
 4  parties. The department division may by rule prescribe
 5  definitions that are necessary for the effective
 6  administration of this section.
 7         (b)  An Employee Assistance and Ombudsman Office is
 8  created within the department Division of Workers'
 9  Compensation to inform and assist injured workers, employers,
10  carriers, and health care providers in fulfilling their
11  responsibilities under this chapter. The department division
12  may by rule specify forms and procedures for administering
13  requests for assistance provided by this section.
14         (c)  The Employee Assistance and Ombudsman Office,
15  Division of Workers' Compensation, shall be a resource
16  available to all employees who participate in the workers'
17  compensation system and shall take all steps necessary to
18  educate and disseminate information to employees and
19  employers.
20         Section 26.  Subsections (1) and (8) of section
21  440.192, Florida Statutes, are amended to read:
22         440.192  Procedure for resolving benefit disputes.--
23         (1)  Subject to s. 440.191, any employee who has not
24  received a benefit to which the employee believes she or he is
25  entitled under this chapter shall serve by certified mail upon
26  the employer, the employer's carrier, and the department
27  division in Tallahassee a petition for benefits that meets the
28  requirements of this section. The department division shall
29  refer the petition to the Office of the Judges of Compensation
30  Claims.
31         (8)  Within 14 days after receipt of a petition for
                                  91
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  benefits by certified mail, the carrier must either pay the
 2  requested benefits without prejudice to its right to deny
 3  within 120 days from receipt of the petition or file a notice
 4  of denial with the department division. The carrier must list
 5  all benefits requested but not paid and explain its
 6  justification for nonpayment in the notice of denial. A
 7  carrier that does not deny compensability in accordance with
 8  s. 440.20(4) is deemed to have accepted the employee's
 9  injuries as compensable, unless it can establish material
10  facts relevant to the issue of compensability that could not
11  have been discovered through reasonable investigation within
12  the 120-day period. The carrier shall provide copies of the
13  notice to the filing party, employer, and claimant by
14  certified mail.
15         Section 27.  Subsections (1), (3), and (4) of section
16  440.1925, Florida Statutes, are amended to read:
17         440.1925  Procedure for resolving maximum medical
18  improvement or permanent impairment disputes.--
19         (1)  Notwithstanding the limitations on carrier
20  independent medical examinations in s. 440.13, an employee or
21  carrier who wishes to obtain an opinion other than the opinion
22  of the treating physician or an agency a division advisor on
23  the issue of permanent impairment may obtain one independent
24  medical examination, except that the employee or carrier who
25  selects the treating physician is not entitled to obtain an
26  alternate opinion on the issue of permanent impairment, unless
27  the parties otherwise agree. This section and s. 440.13(2) do
28  not permit an employee or a carrier to obtain an additional
29  medical opinion on the issue of permanent impairment by
30  requesting an alternate treating physician pursuant to s.
31  440.13.
                                  92
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (3)  Disputes shall be resolved under this section
 2  when:
 3         (a)  A carrier that is entitled to obtain a
 4  determination of an employee's date of maximum medical
 5  improvement or permanent impairment has done so;
 6         (b)  The independent medical examiner's opinion on the
 7  date of the employee's maximum medical improvement and degree
 8  or permanent impairment differs from the opinion of the
 9  employee's treating physician on either of those issues, or
10  from the opinion of the expert medical advisor appointed by
11  the agency division on the degree of permanent impairment; or
12         (c)  The carrier denies any portion of an employee's
13  claim petition for benefits due to disputed maximum medical
14  improvement or permanent impairment issues.
15         (4)  Only opinions of the employee's treating
16  physician, an agency a division medical advisor, or an
17  independent medical examiner are admissible in proceedings
18  before a judge of compensation claims to resolve maximum
19  medical improvement or impairment disputes.
20         Section 28.  Subsections (3), (6), (8), (9), (10),
21  (11), (12), (15), (16), and (17) of section 440.20, Florida
22  Statutes, are amended to read:
23         440.20  Time for payment of compensation; penalties for
24  late payment.--
25         (3)  Upon making payment, or upon suspension or
26  cessation of payment for any reason, the carrier shall
27  immediately notify the department division that it has
28  commenced, suspended, or ceased payment of compensation. The
29  department division may require such notification in any
30  format and manner it deems necessary to obtain accurate and
31  timely reporting.
                                  93
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (6)  If any installment of compensation for death or
 2  dependency benefits, disability, permanent impairment, or wage
 3  loss payable without an award is not paid within 7 days after
 4  it becomes due, as provided in subsection (2), subsection (3),
 5  or subsection (4), there shall be added to such unpaid
 6  installment a punitive penalty of an amount equal to 20
 7  percent of the unpaid installment or $5, which shall be paid
 8  at the same time as, but in addition to, such installment of
 9  compensation, unless notice is filed under subsection (4) or
10  unless such nonpayment results from conditions over which the
11  employer or carrier had no control. When any installment of
12  compensation payable without an award has not been paid within
13  7 days after it became due and the claimant concludes the
14  prosecution of the claim before a judge of compensation claims
15  without having specifically claimed additional compensation in
16  the nature of a penalty under this section, the claimant will
17  be deemed to have acknowledged that, owing to conditions over
18  which the employer or carrier had no control, such installment
19  could not be paid within the period prescribed for payment and
20  to have waived the right to claim such penalty. However,
21  during the course of a hearing, the judge of compensation
22  claims shall on her or his own motion raise the question of
23  whether such penalty should be awarded or excused. The
24  department division may assess without a hearing the punitive
25  penalty against either the employer or the insurance carrier,
26  depending upon who was at fault in causing the delay. The
27  insurance policy cannot provide that this sum will be paid by
28  the carrier if the department division or the judge of
29  compensation claims determines that the punitive penalty
30  should be made by the employer rather than the carrier. Any
31  additional installment of compensation paid by the carrier
                                  94
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  pursuant to this section shall be paid directly to the
 2  employee.
 3         (8)  In addition to any other penalties provided by
 4  this chapter for late payment, if any installment of
 5  compensation is not paid when it becomes due, the employer,
 6  carrier, or servicing agent shall pay interest thereon at the
 7  rate of 12 percent per year from the date the installment
 8  becomes due until it is paid, whether such installment is
 9  payable without an order or under the terms of an order. The
10  interest payment shall be the greater of the amount of
11  interest due or $5.
12         (a)  Within 30 days after final payment of compensation
13  has been made, the employer, carrier, or servicing agent shall
14  send to the department division a notice, in accordance with a
15  form format and manner prescribed by the department division,
16  stating that such final payment has been made and stating the
17  total amount of compensation paid, the name of the employee
18  and of any other person to whom compensation has been paid,
19  the date of the injury or death, and the date to which
20  compensation has been paid.
21         (b)  If the employer, carrier, or servicing agent fails
22  to so notify the department division within such time, the
23  department division shall assess against such employer,
24  carrier, or servicing agent a civil penalty in an amount not
25  over $100.
26         (c)  In order to ensure carrier compliance under this
27  chapter and provisions of the insurance code, the department
28  division shall monitor the performance of carriers by
29  conducting market conduct examinations, as provided in s.
30  624.3161, and conducting investigations, as provided in s.
31  624.317. The department division shall impose penalties on
                                  95
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  establish by rule minimum performance standards for carriers
 2  to ensure that a minimum of 90 percent of all compensation
 3  benefits are timely paid. The division shall fine a carrier as
 4  provided in s. 440.13(11)(b) up to $50 for each late payment
 5  of compensation pursuant to s. 624.4211 that is below the
 6  minimum 90 percent performance standard. This paragraph does
 7  not affect the imposition of any penalties or interest due to
 8  the claimant. If a carrier contracts with a servicing agent to
 9  fulfill its administrative responsibilities under this
10  chapter, the payment practices of the servicing agent are
11  deemed the payment practices of the carrier for the purpose of
12  assessing penalties against the carrier.
13         (9)  The department division may upon its own
14  initiative at any time in a case in which payments are being
15  made without an award investigate same and shall, in any case
16  in which the right to compensation is controverted, or in
17  which payments of compensation have been stopped or suspended,
18  upon receipt of notice from any person entitled to
19  compensation or from the employer that the right to
20  compensation is controverted or that payments of compensation
21  have been stopped or suspended, make such investigations,
22  cause such medical examination to be made, or hold such
23  hearings, and take such further action as it considers will
24  properly protect the rights of all parties.
25         (10)  Whenever the department division deems it
26  advisable, it may require any employer to make a deposit with
27  the Treasurer to secure the prompt and convenient payments of
28  such compensation; and payments therefrom upon any awards
29  shall be made upon order of the department division or judge
30  of compensation claims.
31         (11)(a)  Upon joint petition of all interested parties,
                                  96
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  a lump-sum payment in exchange for the employer's or carrier's
 2  release from liability for future medical expenses, as well as
 3  future payments of compensation expenses and any other
 4  benefits provided under this chapter, shall be allowed at any
 5  time in any case in which the employer or carrier has filed a
 6  written notice of denial within 120 days after the date of the
 7  injury, and the judge of compensation claims at a hearing to
 8  consider the settlement proposal finds a justiciable
 9  controversy as to legal or medical compensability of the
10  claimed injury or the alleged accident. The employer or
11  carrier may not pay any attorney's fees on behalf of the
12  claimant for any settlement under this section unless
13  expressly authorized elsewhere in this chapter. Upon the joint
14  petition of all interested parties and after giving due
15  consideration to the interests of all interested parties, the
16  judge of compensation claims may enter a compensation order
17  approving and authorizing the discharge of the liability of
18  the employer for compensation and remedial treatment, care,
19  and attendance, as well as rehabilitation expenses, by the
20  payment of a lump sum. Such a compensation order so entered
21  upon joint petition of all interested parties is not subject
22  to modification or review under s. 440.28. If the settlement
23  proposal together with supporting evidence is not approved by
24  the judge of compensation claims, it shall be considered void.
25  Upon approval of a lump-sum settlement under this subsection,
26  the judge of compensation claims shall send a report to the
27  Chief Judge of the amount of the settlement and a statement of
28  the nature of the controversy. The Chief Judge shall keep a
29  record of all such reports filed by each judge of compensation
30  claims and shall submit to the Legislature a summary of all
31  such reports filed under this subsection annually by September
                                  97
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  15.
 2         (b)  Upon joint petition of all interested parties, a
 3  lump-sum payment in exchange for the employer's or carrier's
 4  release from liability for future medical expenses, as well as
 5  future payments of compensation and rehabilitation expenses,
 6  and any other benefits provided under this chapter, may be
 7  allowed at any time in any case after the injured employee has
 8  attained maximum medical improvement. An employer or carrier
 9  may not pay any attorney's fees on behalf of the claimant for
10  any settlement, unless expressly authorized elsewhere in this
11  chapter. A compensation order so entered upon joint petition
12  of all interested parties shall not be subject to modification
13  or review under s. 440.28. However, a judge of compensation
14  claims is not required to approve any award for lump-sum
15  payment when it is determined by the judge of compensation
16  claims that the payment being made is in excess of the value
17  of benefits the claimant would be entitled to under this
18  chapter. The judge of compensation claims shall make or cause
19  to be made such investigations as she or he considers
20  necessary, in each case in which the parties have stipulated
21  that a proposed final settlement of liability of the employer
22  for compensation shall not be subject to modification or
23  review under s. 440.28, to determine whether such final
24  disposition will definitely aid the rehabilitation of the
25  injured worker or otherwise is clearly for the best interests
26  of the person entitled to compensation and, in her or his
27  discretion, may have an investigation made by the Department
28  of Education Rehabilitation Section of the Division of
29  Workers' Compensation. The joint petition and the report of
30  any investigation so made will be deemed a part of the
31  proceeding. An employer shall have the right to appear at any
                                  98
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  hearing pursuant to this subsection which relates to the
 2  discharge of such employer's liability and to present
 3  testimony at such hearing. The carrier shall provide
 4  reasonable notice to the employer of the time and date of any
 5  such hearing and inform the employer of her or his rights to
 6  appear and testify. When the claimant is represented by
 7  counsel or when the claimant and carrier or employer are
 8  represented by counsel, final approval of the lump-sum
 9  settlement agreement, as provided for in a joint petition and
10  stipulation, shall be approved by entry of an order within 7
11  days after the filing of such joint petition and stipulation
12  without a hearing, unless the judge of compensation claims
13  determines, in her or his discretion, that additional
14  testimony is needed before such settlement can be approved or
15  disapproved and so notifies the parties. The probability of
16  the death of the injured employee or other person entitled to
17  compensation before the expiration of the period during which
18  such person is entitled to compensation shall, in the absence
19  of special circumstances making such course improper, be
20  determined in accordance with the most recent United States
21  Life Tables published by the National Office of Vital
22  Statistics of the United States Department of Health and Human
23  Services. The probability of the happening of any other
24  contingency affecting the amount or duration of the
25  compensation, except the possibility of the remarriage of a
26  surviving spouse, shall be disregarded. As a condition of
27  approving a lump-sum payment to a surviving spouse, the judge
28  of compensation claims, in the judge of compensation claims'
29  discretion, may require security which will ensure that, in
30  the event of the remarriage of such surviving spouse, any
31  unaccrued future payments so paid may be recovered or recouped
                                  99
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  by the employer or carrier. Such applications shall be
 2  considered and determined in accordance with s. 440.25.
 3         (c)  This section applies to all claims that the
 4  parties have not previously settled, regardless of the date of
 5  accident.
 6         (12)(a)  Liability of an employer for future payments
 7  of compensation may not be discharged by advance payment
 8  unless prior approval of a judge of compensation claims or the
 9  department division has been obtained as hereinafter provided.
10  The approval shall not constitute an adjudication of the
11  claimant's percentage of disability.
12         (b)  When the claimant has reached maximum recovery and
13  returned to her or his former or equivalent employment with no
14  substantial reduction in wages, such approval of a reasonable
15  advance payment of a part of the compensation payable to the
16  claimant may be given informally by letter by a judge of
17  compensation claims or, by the department division director,
18  or by the administrator of claims of the division.
19         (c)  In the event the claimant has not returned to the
20  same or equivalent employment with no substantial reduction in
21  wages or has suffered a substantial loss of earning capacity
22  or a physical impairment, actual or apparent:
23         1.  An advance payment of compensation not in excess of
24  $2,000 may be approved informally by letter, without hearing,
25  by any judge of compensation claims or the Chief Judge.
26         2.  An advance payment of compensation not in excess of
27  $2,000 may be ordered by any judge of compensation claims
28  after giving the interested parties an opportunity for a
29  hearing thereon pursuant to not less than 10 days' notice by
30  mail, unless such notice is waived, and after giving due
31  consideration to the interests of the person entitled thereto.
                                 100
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  When the parties have stipulated to an advance payment of
 2  compensation not in excess of $2,000, such advance may be
 3  approved by an order of a judge of compensation claims, with
 4  or without hearing, or informally by letter by any such judge
 5  of compensation claims, or by the department division
 6  director, if such advance is found to be for the best
 7  interests of the person entitled thereto.
 8         3.  When the parties have stipulated to an advance
 9  payment in excess of $2,000, subject to the approval of the
10  department division, such payment may be approved by a judge
11  of compensation claims by order if the judge finds that such
12  advance payment is for the best interests of the person
13  entitled thereto and is reasonable under the circumstances of
14  the particular case. The judge of compensation claims shall
15  make or cause to be made such investigations as she or he
16  considers necessary concerning the stipulation and, in her or
17  his discretion, may have an investigation of the matter made
18  by the Department of Education Rehabilitation Section of the
19  division. The stipulation and the report of any investigation
20  shall be deemed a part of the record of the proceedings.
21         (d)  When an application for an advance payment in
22  excess of $2,000 is opposed by the employer or carrier, it
23  shall be heard by a judge of compensation claims after giving
24  the interested parties not less than 10 days' notice of such
25  hearing by mail, unless such notice is waived. In her or his
26  discretion, the judge of compensation claims may have an
27  investigation of the matter made by the Department of
28  Education Rehabilitation Section of the division, in which
29  event the report and recommendation of that section will be
30  deemed a part of the record of the proceedings. If the judge
31  of compensation claims finds that such advance payment is for
                                 101
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  the best interests of the person entitled to compensation,
 2  will not materially prejudice the rights of the employer and
 3  carrier, and is reasonable under the circumstances of the
 4  case, she or he may order the same paid. However, in no event
 5  may any such advance payment under this paragraph be granted
 6  in excess of $7,500 or 26 weeks of benefits in any 48-month
 7  period, whichever is greater, from the date of the last
 8  advance payment.
 9         (15)(a)  The department division shall examine on an
10  ongoing basis claims files in accordance with ss. 624.3161 and
11  624.310(5) in order to identify questionable claims-handling
12  techniques, questionable patterns or practices of claims, or a
13  pattern of repeated unreasonably controverted claims by
14  employers, carriers, and self-insurers, health care providers,
15  health care facilities, training and education providers, or
16  any others providing services to employees pursuant to this
17  chapter and may certify its findings to the Department of
18  Insurance. If the department finds such questionable
19  techniques, patterns, or repeated unreasonably controverted
20  claims as constitute a general business practice of a carrier,
21  in the judgment of the division shall be certified in its
22  findings by the division to the Department of Insurance or
23  such other appropriate licensing agency. Such certification by
24  the division is exempt from the provisions of chapter 120.
25  Upon receipt of any such certification, the department of
26  Insurance shall take appropriate action so as to bring such
27  general business practices to a halt pursuant to s.
28  440.38(3)(a) or may impose penalties pursuant to s. 624.4211.
29  The department division may initiate investigations of
30  questionable techniques, patterns, practices, or repeated
31  unreasonably controverted claims. The department division may
                                 102
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  by rule establish penalties for violations and forms and
 2  procedures for corrective action plans and for auditing
 3  carriers.
 4         (b)  As to any examination, investigation, or hearing
 5  being conducted under this chapter, the Treasurer or his or
 6  her designee Secretary of Labor and Employment Security or the
 7  secretary's designee:
 8         1.  May administer oaths, examine and cross-examine
 9  witnesses, receive oral and documentary evidence; and
10         2.  Shall have the power to subpoena witnesses, compel
11  their attendance and testimony, and require by subpoena the
12  production of books, papers, records, files, correspondence,
13  documents, or other evidence which is relevant to the inquiry.
14         (c)  If any person refuses to comply with any such
15  subpoena or to testify as to any matter concerning which she
16  or he may be lawfully interrogated, the Circuit Court of Leon
17  County or of the county wherein such examination,
18  investigation, or hearing is being conducted, or of the county
19  wherein such person resides, may, on the application of the
20  department, issue an order requiring such person to comply
21  with the subpoena and to testify.
22         (d)  Subpoenas shall be served, and proof of such
23  service made, in the same manner as if issued by a circuit
24  court. Witness fees, costs, and reasonable travel expenses, if
25  claimed, shall be allowed the same as for testimony in a
26  circuit court.
27         (e)  The division shall publish annually a report which
28  indicates the promptness of first payment of compensation
29  records of each carrier or self-insurer so as to focus
30  attention on those carriers or self-insurers with poor payment
31  records for the preceding year. A copy of such report shall be
                                 103
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  certified to The department of Insurance which shall take
 2  appropriate steps so as to cause such poor carrier payment
 3  practices to halt pursuant to s. 440.38(3)(a). In addition,
 4  the department division shall take appropriate action so as to
 5  halt such poor payment practices of self-insurers. "Poor
 6  payment practice" means a practice of late payment sufficient
 7  to constitute a general business practice.
 8         (f)  The department division shall promulgate rules
 9  providing guidelines to carriers, self-insurers, and employers
10  to indicate behavior that may be construed as questionable
11  claims-handling techniques, questionable patterns of claims,
12  repeated unreasonably controverted claims, or poor payment
13  practices.
14         (16)  No penalty assessed under this section may be
15  recouped by any carrier or self-insurer in the rate base, the
16  premium, or any rate filing. In the case of carriers, The
17  Department of Insurance shall enforce this subsection; and in
18  the case of self-insurers, the  division shall enforce this
19  subsection.
20         (17)  The department division may by rule establish
21  audit procedures and set standards for the Automated Carrier
22  Performance System.
23         Section 29.  Subsections (1) and (2) of section
24  440.207, Florida Statutes, are amended to read:
25         440.207  Workers' compensation system guide.--
26         (1)  The department Division of Workers' Compensation
27  of the Department of Labor and Employment Security shall
28  educate all persons providing or receiving benefits pursuant
29  to this chapter as to their rights and responsibilities under
30  this chapter.
31         (2)  The department division shall publish an
                                 104
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  understandable guide to the workers' compensation system which
 2  shall contain an explanation of benefits provided; services
 3  provided by the Employee Assistance and Ombudsman Office;
 4  procedures regarding mediation, the hearing process, and civil
 5  and criminal penalties; relevant rules of the department
 6  division; and such other information as the department
 7  division believes will inform employees, employers, carriers,
 8  and those providing services pursuant to this chapter of their
 9  rights and responsibilities under this chapter and the rules
10  of the department division. For the purposes of this
11  subsection, a guide is understandable if the text of the guide
12  is written at a level of readability not exceeding the eighth
13  grade level, as determined by a recognized readability test.
14         Section 30.  Subsection (1) of section 440.211, Florida
15  Statutes, is amended to read:
16         440.211  Authorization of collective bargaining
17  agreement.--
18         (1)  Subject to the limitation stated in subsection
19  (2), a provision that is mutually agreed upon in any
20  collective bargaining agreement filed with the department
21  division between an individually self-insured employer or
22  other employer upon consent of the employer's carrier and a
23  recognized or certified exclusive bargaining representative
24  establishing any of the following shall be valid and binding:
25         (a)  An alternative dispute resolution system to
26  supplement, modify, or replace the provisions of this chapter
27  which may include, but is not limited to, conciliation,
28  mediation, and arbitration. Arbitration held pursuant to this
29  section shall be binding on the parties.
30         (b)  The use of an agreed-upon list of certified health
31  care providers of medical treatment which may be the exclusive
                                 105
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  source of all medical treatment under this chapter.
 2         (c)  The use of a limited list of physicians to conduct
 3  independent medical examinations which the parties may agree
 4  shall be the exclusive source of independent medical examiners
 5  pursuant to this chapter.
 6         (d)  A light-duty, modified-job, or return-to-work
 7  program.
 8         (e)  A vocational rehabilitation or retraining program.
 9         Section 31.  Subsections (1), (2), and (3) of section
10  440.24, Florida Statutes, are amended to read:
11         440.24  Enforcement of compensation orders;
12  penalties.--
13         (1)  In case of default by the employer or carrier in
14  the payment of compensation due under any compensation order
15  of a judge of compensation claims or other failure by the
16  employer or carrier to comply with such order within 10 days
17  after the order becomes final, any circuit court of this state
18  within the jurisdiction of which the employer or carrier
19  resides or transacts business shall, upon application by the
20  department division or any beneficiary under such order, have
21  jurisdiction to issue a rule nisi directing such employer or
22  carrier to show cause why a writ of execution, or such other
23  process as may be necessary to enforce the terms of such
24  order, shall not be issued, and, unless such cause is shown,
25  the court shall have jurisdiction to issue a writ of execution
26  or such other process or final order as may be necessary to
27  enforce the terms of such order of the judge of compensation
28  claims.
29         (2)  In any case where the employer is insured and the
30  carrier fails to comply with any compensation order of a judge
31  of compensation claims or court within 10 days after such
                                 106
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  order becomes final, the division shall notify the department
 2  of Insurance of such failure, and the Department of Insurance
 3  shall thereupon suspend the license of such carrier to do an
 4  insurance business in this state, until such carrier has
 5  complied with such order.
 6         (3)  In any case where the employer is a self-insurer
 7  and fails to comply with any compensation order of a judge of
 8  compensation claims or court within 10 days after such order
 9  becomes final, the department division may suspend or revoke
10  any authorization previously given to the employer to become a
11  self-insurer, and the department division may sell such of the
12  securities deposited by such self-insurer with the department
13  division as may be necessary to satisfy such order.
14         Section 32.  Subsections (4), (5), and (7) of section
15  440.25, Florida Statutes, are amended to read:
16         440.25  Procedures for mediation and hearings.--
17         (4)(a)  If, on the 10th day following commencement of
18  mediation, the questions in dispute have not been resolved,
19  the judge of compensation claims shall hold a pretrial
20  hearing. The judge of compensation claims shall give the
21  interested parties at least 7 days' advance notice of the
22  pretrial hearing by mail. At the pretrial hearing, the judge
23  of compensation claims shall, subject to paragraph (b), set a
24  date for the final hearing that allows the parties at least 30
25  days to conduct discovery unless the parties consent to an
26  earlier hearing date.
27         (b)  The final hearing must be held and concluded
28  within 45 days after the pretrial hearing. Continuances may be
29  granted only if the requesting party demonstrates to the judge
30  of compensation claims that the reason for requesting the
31  continuance arises from circumstances beyond the party's
                                 107
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  control.
 2         (c)  The judge of compensation claims shall give the
 3  interested parties at least 7 days' advance notice of the
 4  final hearing, served upon the interested parties by mail.
 5         (d)  The hearing shall be held in the county where the
 6  injury occurred, if the injury occurred in this state, unless
 7  otherwise agreed to between the parties and authorized by the
 8  judge of compensation claims in the county where the injury
 9  occurred. If the injury occurred without the state and is one
10  for which compensation is payable under this chapter, then the
11  hearing above referred to may be held in the county of the
12  employer's residence or place of business, or in any other
13  county of the state which will, in the discretion of the Chief
14  Judge, be the most convenient for a hearing. The hearing shall
15  be conducted by a judge of compensation claims, who shall,
16  within 14 days after final hearing, unless otherwise agreed by
17  the parties, determine the dispute in a summary manner. At
18  such hearing, the claimant and employer may each present
19  evidence in respect of such claim and may be represented by
20  any attorney authorized in writing for such purpose. When
21  there is a conflict in the medical evidence submitted at the
22  hearing, the provisions of s. 440.13 shall apply. The report
23  or testimony of the expert medical advisor shall be made a
24  part of the record of the proceeding and shall be given the
25  same consideration by the judge of compensation claims as is
26  accorded other medical evidence submitted in the proceeding;
27  and all costs incurred in connection with such examination and
28  testimony may be assessed as costs in the proceeding, subject
29  to the provisions of s. 440.13. No judge of compensation
30  claims may make a finding of a degree of permanent impairment
31  that is greater than the greatest permanent impairment rating
                                 108
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  given the claimant by any examining or treating physician,
 2  except upon stipulation of the parties.
 3         (e)  The order making an award or rejecting the claim,
 4  referred to in this chapter as a "compensation order," shall
 5  set forth the findings of ultimate facts and the mandate; and
 6  the order need not include any other reason or justification
 7  for such mandate. The compensation order shall be filed in the
 8  office of the department division at Tallahassee. A copy of
 9  such compensation order shall be sent by mail to the parties
10  and attorneys of record at the last known address of each,
11  with the date of mailing noted thereon.
12         (f)  Each judge of compensation claims is required to
13  submit a special report to the Chief Judge in each contested
14  workers' compensation case in which the case is not determined
15  within 14 days of final hearing. Said form shall be provided
16  by the Chief Judge and shall contain the names of the judge of
17  compensation claims and of the attorneys involved and a brief
18  explanation by the judge of compensation claims as to the
19  reason for such a delay in issuing a final order. The Chief
20  Judge shall compile these special reports into an annual
21  public report to the Governor, the department Secretary of
22  Labor and Employment Security, the Legislature, The Florida
23  Bar, and the appellate district judicial nominating
24  commissions.
25         (g)  Judges of compensation claims shall adopt and
26  enforce uniform local rules for workers' compensation.
27         (h)  Notwithstanding any other provision of this
28  section, the judge of compensation claims may require the
29  appearance of the parties and counsel before her or him
30  without written notice for an emergency conference where there
31  is a bona fide emergency involving the health, safety, or
                                 109
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  welfare of an employee. An emergency conference under this
 2  section may result in the entry of an order or the rendering
 3  of an adjudication by the judge of compensation claims.
 4         (i)  To expedite dispute resolution and to enhance the
 5  self-executing features of the Workers' Compensation Law, the
 6  Chief Judge shall make provision by rule or order for the
 7  resolution of appropriate motions by judges of compensation
 8  claims without oral hearing upon submission of brief written
 9  statements in support and opposition, and for expedited
10  discovery and docketing.
11         (j)  To further expedite dispute resolution and to
12  enhance the self-executing features of the system, those
13  petitions filed in accordance with s. 440.192 that involve a
14  claim for benefits of $5,000 or less shall, in the absence of
15  compelling evidence to the contrary, be presumed to be
16  appropriate for expedited resolution under this paragraph; and
17  any other claim filed in accordance with s. 440.192, upon the
18  written agreement of both parties and application by either
19  party, may similarly be resolved under this paragraph. For
20  purposes of expedited resolution pursuant to this paragraph,
21  the Chief Judge shall make provision by rule or order for
22  expedited and limited discovery and expedited docketing in
23  such cases. At least 15 days prior to hearing, the parties
24  shall exchange and file with the judge of compensation claims
25  a pretrial outline of all issues, defenses, and witnesses on a
26  form promulgated by the Chief Judge; provided, in no event
27  shall such hearing be held without 15 days' written notice to
28  all parties. No pretrial hearing shall be held. The judge of
29  compensation claims shall limit all argument and presentation
30  of evidence at the hearing to a maximum of 30 minutes, and
31  such hearings shall not exceed 30 minutes in length. Neither
                                 110
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  party shall be required to be represented by counsel. The
 2  employer or carrier may be represented by an adjuster or other
 3  qualified representative. The employer or carrier and any
 4  witness may appear at such hearing by telephone. The rules of
 5  evidence shall be liberally construed in favor of allowing
 6  introduction of evidence.
 7         (5)(a)  Procedures with respect to appeals from orders
 8  of judges of compensation claims shall be governed by rules
 9  adopted by the Supreme Court. Such an order shall become final
10  30 days after mailing of copies of such order to the parties,
11  unless appealed pursuant to such rules.
12         (b)  An appellant may be relieved of any necessary
13  filing fee by filing a verified petition of indigency for
14  approval as provided in s. 57.081(1) and may be relieved in
15  whole or in part from the costs for preparation of the record
16  on appeal if, within 15 days after the date notice of the
17  estimated costs for the preparation is served, the appellant
18  files with the judge of compensation claims a copy of the
19  designation of the record on appeal, and a verified petition
20  to be relieved of costs. A verified petition filed prior to
21  the date of service of the notice of the estimated costs shall
22  be deemed not timely filed. The verified petition relating to
23  record costs shall contain a sworn statement that the
24  appellant is insolvent and a complete, detailed, and sworn
25  financial affidavit showing all the appellant's assets,
26  liabilities, and income. Failure to state in the affidavit all
27  assets and income, including marital assets and income, shall
28  be grounds for denying the petition with prejudice. The
29  department division shall promulgate rules as may be required
30  pursuant to this subsection, including forms for use in all
31  petitions brought under this subsection. The appellant's
                                 111
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  attorney, or the appellant if she or he is not represented by
 2  an attorney, shall include as a part of the verified petition
 3  relating to record costs an affidavit or affirmation that, in
 4  her or his opinion, the notice of appeal was filed in good
 5  faith and that there is a probable basis for the District
 6  Court of Appeal, First District, to find reversible error, and
 7  shall state with particularity the specific legal and factual
 8  grounds for the opinion. Failure to so affirm shall be grounds
 9  for denying the petition. A copy of the verified petition
10  relating to record costs shall be served upon all interested
11  parties, including the department division and the Office of
12  the General Counsel, Department of Labor and Employment
13  Security, in Tallahassee. The judge of compensation claims
14  shall promptly conduct a hearing on the verified petition
15  relating to record costs, giving at least 15 days' notice to
16  the appellant, the department division, and all other
17  interested parties, all of whom shall be parties to the
18  proceedings. The judge of compensation claims may enter an
19  order without such hearing if no objection is filed by an
20  interested party within 20 days from the service date of the
21  verified petition relating to record costs. Such proceedings
22  shall be conducted in accordance with the provisions of this
23  section and with the workers' compensation rules of procedure,
24  to the extent applicable. In the event an insolvency petition
25  is granted, the judge of compensation claims shall direct the
26  department division to pay record costs and filing fees from
27  the Workers' Compensation Administrative Trust Fund pending
28  final disposition of the costs of appeal. The department
29  division may transcribe or arrange for the transcription of
30  the record in any proceeding for which it is ordered to pay
31  the cost of the record. In the event the insolvency petition
                                 112
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  is denied, the judge of compensation claims may enter an order
 2  requiring the petitioner to reimburse the department division
 3  for costs incurred in opposing the petition, including
 4  investigation and travel expenses.
 5         (c)  As a condition of filing a notice of appeal to the
 6  District Court of Appeal, First District, an employer who has
 7  not secured the payment of compensation under this chapter in
 8  compliance with s. 440.38 shall file with the notice of appeal
 9  a good and sufficient bond, as provided in s. 59.13,
10  conditioned to pay the amount of the demand and any interest
11  and costs payable under the terms of the order if the appeal
12  is dismissed, or if the District Court of Appeal, First
13  District, affirms the award in any amount. Upon the failure of
14  such employer to file such bond with the judge of compensation
15  claims or the District Court of Appeal, First District, along
16  with the notice of appeal, the District Court of Appeal, First
17  District, shall dismiss the notice of appeal.
18         (7)  An injured employee claiming or entitled to
19  compensation shall submit to such physical examination by a
20  certified expert medical advisor approved by the agency
21  division or the judge of compensation claims as the agency
22  division or the judge of compensation claims may require. The
23  place or places shall be reasonably convenient for the
24  employee. Such physician or physicians as the employee,
25  employer, or carrier may select and pay for may participate in
26  an examination if the employee, employer, or carrier so
27  requests. Proceedings shall be suspended and no compensation
28  shall be payable for any period during which the employee may
29  refuse to submit to examination. Any interested party shall
30  have the right in any case of death to require an autopsy, the
31  cost thereof to be borne by the party requesting it; and the
                                 113
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  judge of compensation claims shall have authority to order and
 2  require an autopsy and may, in her or his discretion, withhold
 3  her or his findings and award until an autopsy is held.
 4         Section 33.  Section 440.271, Florida Statutes, is
 5  amended to read:
 6         440.271  Appeal of order of judge of compensation
 7  claims.--Review of any order of a judge of compensation claims
 8  entered pursuant to this chapter shall be by appeal to the
 9  District Court of Appeal, First District.  Appeals shall be
10  filed in accordance with rules of procedure prescribed by the
11  Supreme Court for review of such orders. The department
12  division shall be given notice of any proceedings pertaining
13  to s. 440.25, regarding indigency, or s. 440.49, regarding the
14  Special Disability Trust Fund, and shall have the right to
15  intervene in any proceedings.
16         Section 34.  Section 440.345, Florida Statutes, is
17  amended to read:
18         440.345  Reporting of attorney's fees.--All fees paid
19  to attorneys for services rendered under this chapter shall be
20  reported to the department division as the department division
21  requires by rule. The department division shall annually
22  summarize such data in a report to the Workers' Compensation
23  Oversight Board.
24         Section 35.  Section 440.35, Florida Statutes, is
25  amended to read:
26         440.35  Record of injury or death.--Every employer
27  shall keep a record in respect of any injury to an employee.
28  Such record shall contain such information of disability or
29  death in respect of such injury as the department division may
30  by regulation require, and shall be available to inspection by
31  the department division or by any state authority at such time
                                 114
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  and under such conditions as the department division may by
 2  regulation prescribe.
 3         Section 36.  Subsections (1), (2), and (3) of section
 4  440.38, Florida Statutes, are amended to read:
 5         440.38  Security for compensation; insurance carriers
 6  and self-insurers.--
 7         (1)  Every employer shall secure the payment of
 8  compensation under this chapter:
 9         (a)  By insuring and keeping insured the payment of
10  such compensation with any stock company or mutual company or
11  association or exchange, authorized to do business in the
12  state;
13         (b)  By furnishing satisfactory proof to the department
14  division of its financial ability to pay such compensation
15  individually and on behalf of its subsidiary and affiliated
16  companies with employees in this state and receiving an
17  authorization from the department division to pay such
18  compensation directly in accordance with the following
19  provisions:
20         1.  The department division may, as a condition to such
21  authorization, require such employer to deposit in a
22  depository designated by the department division either an
23  indemnity bond or securities, at the option of the employer,
24  of a kind and in an amount determined by the department
25  division and subject to such conditions as the department
26  division may prescribe, which shall include authorization to
27  the department division in the case of default to sell any
28  such securities sufficient to pay compensation awards or to
29  bring suit upon such bonds, to procure prompt payment of
30  compensation under this chapter. In addition, the department
31  division shall require, as a condition to authorization to
                                 115
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  self-insure, proof that the employer has provided for
 2  competent personnel with whom to deliver benefits and to
 3  provide a safe working environment. Further, the department
 4  division shall require such employer to carry reinsurance at
 5  levels that will ensure the actuarial soundness of such
 6  employer in accordance with rules promulgated by the
 7  department division. The department division may by rule
 8  require that, in the event of an individual self-insurer's
 9  insolvency, such indemnity bonds, securities, and reinsurance
10  policies shall be payable to the Florida Self-Insurers
11  Guaranty Association, Incorporated, created pursuant to s.
12  440.385.  Any employer securing compensation in accordance
13  with the provisions of this paragraph shall be known as a
14  self-insurer and shall be classed as a carrier of her or his
15  own insurance.
16         2.  If the employer fails to maintain the foregoing
17  requirements, the department division shall revoke the
18  employer's authority to self-insure, unless the employer
19  provides to the department division the certified opinion of
20  an independent actuary who is a member of the American Society
21  of Actuaries as to the actuarial present value of the
22  employer's determined and estimated future compensation
23  payments based on cash reserves, using a 4-percent discount
24  rate, and a qualifying security deposit equal to 1.5 times the
25  value so certified. The employer shall thereafter annually
26  provide such a certified opinion until such time as the
27  employer meets the requirements of subparagraph 1.  The
28  qualifying security deposit shall be adjusted at the time of
29  each such annual report.  Upon the failure of the employer to
30  timely provide such opinion or to timely provide a security
31  deposit in an amount equal to 1.5 times the value certified in
                                 116
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  the latest opinion, the department division shall then revoke
 2  such employer's authorization to self-insure, and such failure
 3  shall be deemed to constitute an immediate serious danger to
 4  the public health, safety, or welfare sufficient to justify
 5  the summary suspension of the employer's authorization to
 6  self-insure pursuant to s. 120.68.
 7         3.  Upon the suspension or revocation of the employer's
 8  authorization to self-insure, the employer shall provide to
 9  the department division and to the Florida Self-Insurers
10  Guaranty Association, Incorporated, created pursuant to s.
11  440.385 the certified opinion of an independent actuary who is
12  a member of the American Society of Actuaries of the actuarial
13  present value of the determined and estimated future
14  compensation payments of the employer for claims incurred
15  while the member exercised the privilege of self-insurance,
16  using a discount rate of 4 percent. The employer shall provide
17  such an opinion at 6-month intervals thereafter until such
18  time as the latest opinion shows no remaining value of claims.
19  With each such opinion, the employer shall deposit with the
20  department division a qualifying security deposit in an amount
21  equal to the value certified by the actuary. The association
22  has a cause of action against an employer, and against any
23  successor of the employer, who fails to timely provide such
24  opinion or who fails to timely maintain the required security
25  deposit with the department division. The association shall
26  recover a judgment in the amount of the actuarial present
27  value of the determined and estimated future compensation
28  payments of the employer for claims incurred while the
29  employer exercised the privilege of self-insurance, together
30  with attorney's fees.  For purposes of this section, the
31  successor of an employer means any person, business entity, or
                                 117
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  group of persons or business entities, which holds or acquires
 2  legal or beneficial title to the majority of the assets or the
 3  majority of the shares of the employer.
 4         4.  A qualifying security deposit shall consist, at the
 5  option of the employer, of:
 6         a.  Surety bonds, in a form and containing such terms
 7  as prescribed by the department division, issued by a
 8  corporation surety authorized to transact surety business by
 9  the Department of Insurance, and whose policyholders' and
10  financial ratings, as reported in A.M. Best's Insurance
11  Reports, Property-Liability, are not less than "A" and "V",
12  respectively.
13         b.  Certificates of deposit with financial
14  institutions, the deposits of which are insured through the
15  Federal Deposit Insurance Corporation or the Federal Savings
16  and Loan Insurance Corporation.
17         c.  Irrevocable letters of credit in favor of the
18  department division issued by financial institutions described
19  in sub-subparagraph b.
20         d.  Direct obligations of the United States Treasury
21  backed by the full faith and credit of the United States.
22         e.  Securities issued by this state and backed by the
23  full faith and credit of this state.
24         5.  The qualifying security deposit shall be held by
25  the department division, or by a depository authorized by the
26  department division, exclusively for the benefit of workers'
27  compensation claimants. The security shall not be subject to
28  assignment, execution, attachment, or any legal process
29  whatsoever, except as necessary to guarantee the payment of
30  compensation under this chapter.  No surety bond may be
31  terminated, and no other qualifying security may be allowed to
                                 118
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  lapse, without 90 days' prior notice to the department
 2  division and deposit by the self-insuring employer of other
 3  qualifying security of equal value within 10 business days
 4  after such notice. Failure to provide such notice or failure
 5  to timely provide qualifying replacement security after such
 6  notice shall constitute grounds for the department division to
 7  call or sue upon the surety bond, or to act with respect to
 8  other pledged security in any manner necessary to preserve its
 9  value for the purposes intended by this section, including the
10  exercise of rights under a letter of credit, the sale of any
11  security at then prevailing market rates, or the withdrawal of
12  any funds represented by any certificate of deposit forming
13  part of the qualifying security deposit. The department
14  division may specify by rule the amount of the qualifying
15  security deposit required prior to authorizing an employer to
16  self-insure and the amount of net worth required for an
17  employer to qualify for authorization to self-insure;
18         (c)  By entering into a contract with a public utility
19  under an approved utility-provided self-insurance program as
20  set forth in s. 440.571 in effect as of July 1, 1983. The
21  department division shall adopt rules to implement this
22  paragraph;
23         (d)  By entering into an interlocal agreement with
24  other local governmental entities to create a local government
25  pool pursuant to s. 624.4622;
26         (e)  In accordance with s. 440.135, an employer, other
27  than a local government unit, may elect coverage under the
28  Workers' Compensation Law and retain the benefit of the
29  exclusiveness of liability provided in s. 440.11 by obtaining
30  a 24-hour health insurance policy from an authorized property
31  and casualty insurance carrier or an authorized life and
                                 119
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  health insurance carrier, or by participating in a fully or
 2  partially self-insured 24-hour health plan that is established
 3  or maintained by or for two or more employers, so long as the
 4  law of this state is not preempted by the Employee Retirement
 5  Income Security Act of 1974, Pub. L. No. 93-406, or any
 6  amendment to that law, which policy or plan must provide, for
 7  at least occupational injuries and illnesses, medical benefits
 8  that are comparable to those required by this chapter. A local
 9  government unit, as a single employer, in accordance with s.
10  440.135, may participate in the 24-hour health insurance
11  coverage plan referenced in this paragraph. Disputes and
12  remedies arising under policies issued under this section are
13  governed by the terms and conditions of the policies and under
14  the applicable provisions of the Florida Insurance Code and
15  rules adopted under the insurance code and other applicable
16  laws of this state. The 24-hour health insurance policy may
17  provide for health care by a health maintenance organization
18  or a preferred provider organization. The premium for such
19  24-hour health insurance policy shall be paid entirely by the
20  employer. The 24-hour health insurance policy may use
21  deductibles and coinsurance provisions that require the
22  employee to pay a portion of the actual medical care received
23  by the employee. If an employer obtains a 24-hour health
24  insurance policy or self-insured plan to secure payment of
25  compensation as to medical benefits, the employer must also
26  obtain an insurance policy or policies that provide indemnity
27  benefits as follows:
28         1.  If indemnity benefits are provided only for
29  occupational-related disability, such benefits must be
30  comparable to those required by this chapter.
31         2.  If indemnity benefits are provided for both
                                 120
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  occupational-related and nonoccupational-related disability,
 2  such benefits must be comparable to those required by this
 3  chapter, except that they must be based on 60 percent of the
 4  average weekly wages.
 5         3.  The employer shall provide for each of its
 6  employees life insurance with a death benefit of $100,000.
 7         4.  Policies providing coverage under this subsection
 8  must use prescribed and acceptable underwriting standards,
 9  forms, and policies approved by the Department of Insurance.
10  If any insurance policy that provides coverage under this
11  section is canceled, terminated, or nonrenewed for any reason,
12  the cancellation, termination, or nonrenewal is ineffective
13  until the self-insured employer or insurance carrier or
14  carriers notify the division and the Department of Insurance
15  of the cancellation, termination, or nonrenewal, and until the
16  department division has actually received the notification.
17  The department division must be notified of replacement
18  coverage under a workers' compensation and employer's
19  liability insurance policy or plan by the employer prior to
20  the effective date of the cancellation, termination, or
21  nonrenewal; or
22         (f)  By entering into a contract with an individual
23  self-insurer under an approved individual
24  self-insurer-provided self-insurance program as set forth in
25  s. 624.46225. The department division may adopt rules to
26  implement this subsection.
27         (2)(a)  The department division shall adopt rules by
28  which businesses may become qualified to provide underwriting
29  claims-adjusting, loss control, and safety engineering
30  services to self-insurers.
31         (b)  The department division shall adopt rules
                                 121
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  requiring self-insurers to file any reports necessary to
 2  fulfill the requirements of this chapter. Any self-insurer who
 3  fails to file any report as prescribed by the rules adopted by
 4  the department division shall be subject to a civil penalty
 5  not to exceed $100 for each such failure.
 6         (3)(a)  The license of any stock company or mutual
 7  company or association or exchange authorized to do insurance
 8  business in the state shall for good cause, upon
 9  recommendation of the division, be suspended or revoked by the
10  Department of Insurance.  No suspension or revocation shall
11  affect the liability of any carrier already incurred.
12         (b)  The department division shall suspend or revoke
13  any authorization to a self-insurer for good cause, as defined
14  by rule of the department division. No suspension or
15  revocation shall affect the liability of any self-insurer
16  already incurred.
17         (c)  Violation of s. 440.381 by a self-insurance fund
18  shall result in the imposition of a fine not to exceed $1,000
19  per audit if the self-insurance fund fails to act on said
20  audits by correcting errors in employee classification or
21  accepted applications for coverage where it knew employee
22  classifications were incorrect. Such fines shall be levied by
23  the department division and deposited into the Workers'
24  Compensation Administration Trust Fund.
25         Section 37.  Subsections (3) and (7) of section
26  440.381, Florida Statutes, are amended to read:
27         440.381  Application for coverage; reporting payroll;
28  payroll audit procedures; penalties.--
29         (3)  The department of Insurance and the Department of
30  Labor and Employment Security shall establish by rule minimum
31  requirements for audits of payroll and classifications in
                                 122
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  order to ensure that the appropriate premium is charged for
 2  workers' compensation coverage. The rules shall ensure that
 3  audits performed by both carriers and employers are adequate
 4  to provide that all sources of payments to employees,
 5  subcontractors, and independent contractors have been reviewed
 6  and that the accuracy of classification of employees has been
 7  verified. The rules shall provide that employers in all
 8  classes other than the construction class be audited not less
 9  frequently than biennially and may provide for more frequent
10  audits of employers in specified classifications based on
11  factors such as amount of premium, type of business, loss
12  ratios, or other relevant factors. In no event shall employers
13  in the construction class, generating more than the amount of
14  premium required to be experience rated, be audited less than
15  annually. The annual audits required for construction classes
16  shall consist of physical onsite audits. Payroll verification
17  audit rules must include, but need not be limited to, the use
18  of state and federal reports of employee income, payroll and
19  other accounting records, certificates of insurance maintained
20  by subcontractors, and duties of employees.
21         (7)  If an employee suffering a compensable injury was
22  not reported as earning wages on the last quarterly earnings
23  report filed with the Division of Unemployment Compensation
24  before the accident, the employer shall indemnify the carrier
25  for all workers' compensation benefits paid to or on behalf of
26  the employee unless the employer establishes that the employee
27  was hired after the filing of the quarterly report, in which
28  case the employer and employee shall attest to the fact that
29  the employee was employed by the employer at the time of the
30  injury. It shall be the responsibility of the Division of
31  Workers' Compensation to collect all necessary data so as to
                                 123
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  enable it to notify the carrier of the name of an injured
 2  worker who was not reported as earning wages on the last
 3  quarterly earnings report. The division is hereby authorized
 4  to release such records to the carrier which will enable the
 5  carrier to seek reimbursement as provided under this
 6  subsection. Failure of the employer to indemnify the insurer
 7  within 21 days after demand by the insurer shall constitute
 8  grounds for the insurer to immediately cancel coverage.  Any
 9  action for indemnification brought by the carrier shall be
10  cognizable in the circuit court having jurisdiction where the
11  employer or carrier resides or transacts business.  The
12  insurer shall be entitled to a reasonable attorney's fee if it
13  recovers any portion of the benefits paid in such action.
14         Section 38.  Section 440.385, Florida Statutes, is
15  amended to read:
16         440.385  Florida Self-Insurers Guaranty Association,
17  Incorporated.--
18         (1)  CREATION OF ASSOCIATION.--
19         (a)  There is created a nonprofit corporation to be
20  known as the "Florida Self-Insurers Guaranty Association,
21  Incorporated," hereinafter referred to as "the association."
22  Upon incorporation of the association, all individual
23  self-insurers as defined in ss. 440.02(23)(a) and
24  440.38(1)(b), other than individual self-insurers which are
25  public utilities or governmental entities, shall be members of
26  the association as a condition of their authority to
27  individually self-insure in this state.  The association
28  corporation shall perform its functions under a plan of
29  operation as established and approved under subsection (5) and
30  shall exercise its powers and duties through a board of
31  directors as established under subsection (2). The association
                                 124
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  corporation shall have those powers granted or permitted
 2  associations corporations not for profit, as provided in
 3  chapter 617. The activities of the association shall be
 4  subject to review by the Department of Insurance. The
 5  Department of Insurance shall have oversight responsibility as
 6  set forth in this act. The association is specifically
 7  authorized to enter into agreements with the State of Florida
 8  to perform specified services.
 9         (b)  A member may voluntarily withdraw from the
10  association when the member voluntarily terminates the
11  self-insurance privilege and pays all assessments due to the
12  date of such termination.  However, the withdrawing member
13  shall continue to be bound by the provisions of this section
14  relating to the period of his or her membership and any claims
15  charged pursuant thereto.  The withdrawing member who is a
16  member on or after January 1, 1991, shall also be required to
17  provide to the association division upon withdrawal, and at
18  12-month intervals thereafter, satisfactory proof, including,
19  if requested by the association, a report of known and
20  potential claims certified by a member of the American Academy
21  of Actuaries, that it continues to meet the standards of s.
22  440.38(1)(b)1. in relation to claims incurred while the
23  withdrawing member exercised the privilege of self-insurance.
24  Such reporting shall continue until the withdrawing member
25  demonstrates to satisfies the association division that there
26  is no remaining value to claims incurred while the withdrawing
27  member was self-insured. If a withdrawing member fails or
28  refuses to timely provide an actuarial report to the
29  association, the association may obtain an order from a
30  circuit court requiring the member to produce such a report
31  and ordering such other relief as the court determines
                                 125
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  appropriate.  The association shall be entitled to recover all
 2  reasonable costs and attorney's fees expended in such
 3  proceedings. If during this reporting period the withdrawing
 4  member fails to meet the standards of s. 440.38(1)(b)1., the
 5  withdrawing member who is a member on or after January 1,
 6  1991, shall thereupon, and at 6-month intervals thereafter,
 7  provide to the division and the association the certified
 8  opinion of an independent actuary who is a member of the
 9  American Academy Society of Actuaries of the actuarial present
10  value of the determined and estimated future compensation
11  payments of the member for claims incurred while the member
12  was a self-insurer, using a discount rate of 4 percent.  With
13  each such opinion, the withdrawing member shall deposit with
14  the association division security in an amount equal to the
15  value certified by the actuary and of a type that is
16  acceptable for qualifying security deposits under s.
17  440.38(1)(b).  The withdrawing member shall continue to
18  provide such opinions and to provide such security until such
19  time as the latest opinion shows no remaining value of claims.
20  The association has a cause of action against a withdrawing
21  member, and against any successor of a withdrawing member, who
22  fails to timely provide the required opinion or who fails to
23  maintain the required deposit with the division.  The
24  association shall be entitled to recover a judgment in the
25  amount of the actuarial present value of the determined and
26  estimated future compensation payments of the withdrawing
27  member for claims incurred during the time that the
28  withdrawing member exercised the privilege of self-insurance,
29  together with reasonable attorney's fees. The association is
30  also entitled to recover reasonable attorney's fees in any
31  action to compel production of any actuarial report required
                                 126
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  by this statute. For purposes of this section, the successor
 2  of a withdrawing member means any person, business entity, or
 3  group of persons or business entities, which holds or acquires
 4  legal or beneficial title to the majority of the assets or the
 5  majority of the shares of the withdrawing member.
 6         (2)  BOARD OF DIRECTORS.--The board of directors of the
 7  association shall consist of nine persons and shall be
 8  organized as established in the plan of operation. All board
 9  members shall be experienced in self-insurance in this state.
10  With respect to initial appointments, the Secretary of Labor
11  and Employment Security shall, by July 15, 1982, approve and
12  appoint to the board persons who are experienced with
13  self-insurance in this state and who are recommended by the
14  individual self-insurers in this state required to become
15  members of the association pursuant to the provisions of
16  paragraph (1)(a). In the event the secretary finds that any
17  person so recommended does not have the necessary
18  qualifications for service on the board and a majority of the
19  board has been appointed, the secretary shall request the
20  directors thus far approved and appointed to recommend another
21  person for appointment to the board. Each director shall serve
22  for a 4-year term and may be reappointed.  Appointments after
23  March 21, 2001, other than initial appointments shall be made
24  by the Insurance Commissioner Secretary of Labor and
25  Employment Security upon recommendation of members of the
26  association.  Any vacancy on the board shall be filled for the
27  remaining period of the term in the same manner as
28  appointments other than initial appointments are made. Each
29  director shall be reimbursed for expenses incurred in carrying
30  out the duties of the board on behalf of the association.
31         (3)  POWERS AND DUTIES.--
                                 127
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (a)  Upon creation of the Insolvency Fund pursuant to
 2  the provisions of subsection (4), the association is obligated
 3  for payment of compensation under this chapter to insolvent
 4  members' employees resulting from incidents and injuries
 5  existing prior to the member becoming an insolvent member and
 6  from incidents and injuries occurring within 30 days after the
 7  member has become an insolvent member, provided the incidents
 8  giving rise to claims for compensation under this chapter
 9  occur during the year in which such insolvent member is a
10  member of the guaranty fund and was assessable pursuant to the
11  plan of operation, and provided the employee makes timely
12  claim for such payments according to procedures set forth by a
13  court of competent jurisdiction over the delinquency or
14  bankruptcy proceedings of the insolvent member. Such
15  obligation includes only that amount due the injured worker or
16  workers of the insolvent member under this chapter.  In no
17  event is the association obligated to a claimant in an amount
18  in excess of the obligation of the insolvent member.  The
19  association shall be deemed the insolvent employer for
20  purposes of this chapter to the extent of its obligation on
21  the covered claims and, to such extent, shall have all rights,
22  duties, and obligations of the insolvent employer as if the
23  employer had not become insolvent. However, in no event shall
24  the association be liable for any penalties or interest.
25         (b)  The association may:
26         1.  Employ or retain such persons as are necessary to
27  handle claims and perform other duties of the association.
28         2.  Borrow funds necessary to effect the purposes of
29  this section in accord with the plan of operation.
30         3.  Sue or be sued.
31         4.  Negotiate and become a party to such contracts as
                                 128
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  are necessary to carry out the purposes of this section.
 2         5.  Purchase such reinsurance as is determined
 3  necessary pursuant to the plan of operation.
 4         6.  Review all applicants for membership in the
 5  association to determine whether the applicant is qualified
 6  for membership under the law.  The association shall recommend
 7  to the Department of Insurance that the application be
 8  accepted or rejected based on the criteria set forth in s.
 9  440.38(1)(b).  The department shall approve or disapprove the
10  application. Prior to a final determination by the Division of
11  Workers' Compensation as to whether or not to approve any
12  applicant for membership in the association, the association
13  may issue opinions to the division concerning any applicant,
14  which opinions shall be considered by the division prior to
15  any final determination.
16         7.  Collect and review financial information from
17  employers and make recommendations to the Department of
18  Insurance regarding the appropriate security deposit and
19  reinsurance amounts necessary for an employer to demonstrate
20  that it has the financial strength necessary to assure the
21  timely payment of all current and future claims. The
22  association may audit and examine an employer to verify the
23  financial strength of its current and former members. If the
24  association determines that a current or former self-insured
25  employer does not have the financial strength necessary to
26  assure the timely payment of all current and estimated future
27  claims, the association may recommend to the department that
28  the department:
29         a.  Revoke the employer's self-insurance privilege.
30         b.  Require the employer to provide a certified opinion
31  of an independent actuary who is a member of the American
                                 129
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Academy of Actuaries as to the actuarial present value of the
 2  employer's estimated current and future compensation payments,
 3  using a 4-percent discount rate.
 4         c.  Require an increase in the employer's security
 5  deposit in an amount determined by the association to be
 6  necessary to assure payment of compensation claims.  The
 7  department shall act on such recommendations.  The association
 8  has a cause of action against an employer, and against any
 9  successor of an employer, who fails to provide an additional
10  security deposit required by the department.  The association
11  shall recover a judgment in the amount of the requested
12  additional security deposit together with reasonable
13  attorney's fees.  For the purposes of this section, the
14  successor of an employer is any person, business entity, or
15  group of persons or business entities that holds or acquires
16  legal or beneficial title to the majority of the assets or the
17  majority of the shares of the employer.
18         8.7.  Charge fees to any member of the association to
19  cover the actual costs of examining the financial and safety
20  conditions of that member.
21         9.8.  Charge an applicant for membership in the
22  association a fee sufficient to cover the actual costs of
23  examining the financial condition of the applicant.
24         10.  Implement any and all procedures necessary to
25  ensure compliance with regulatory actions taken by the
26  department.
27         (c)1.  To the extent necessary to secure funds for the
28  payment of covered claims and also to pay the reasonable costs
29  to administer them, the association, subject to approval by
30  the Department of Insurance Labor and Employment Security,
31  upon certification of the board of directors, shall levy
                                 130
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  assessments based on the annual written normal premium each
 2  employer would have paid had the employer not been
 3  self-insured. Every assessment shall be made as a uniform
 4  percentage of the figure applicable to all individual
 5  self-insurers, provided that the assessment levied against any
 6  self-insurer in any one year shall not exceed 1 percent of the
 7  annual written normal premium during the calendar year
 8  preceding the date of the assessment. Assessments shall be
 9  remitted to and administered by the board of directors in the
10  manner specified by the approved plan.  Each employer so
11  assessed shall have at least 30 days' written notice as to the
12  date the assessment is due and payable.  The association shall
13  levy assessments against any newly admitted member of the
14  association so that the basis of contribution of any newly
15  admitted member is the same as previously admitted members,
16  provision for which shall be contained in the plan of
17  operation.
18         2.  If, in any one year, funds available from such
19  assessments, together with funds previously raised, are not
20  sufficient to make all the payments or reimbursements then
21  owing, the funds available shall be prorated, and the unpaid
22  portion shall be paid as soon thereafter as sufficient
23  additional funds become available.
24         3.  Funds may be allocated or paid from the Workers'
25  Compensation Administration Trust Fund to contract with the
26  association to perform services required by law. However, no
27  state funds of any kind shall be allocated or paid to the
28  association or any of its accounts for payment of covered
29  claims or related expenses except those state funds accruing
30  to the association by and through the assignment of rights of
31  an insolvent employer. The department shall not levy any
                                 131
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  assessment on the Florida Self-Insurance Guaranty Association.
 2         (4)  INSOLVENCY FUND.--Upon the adoption of a plan of
 3  operation or the adoption of rules by the Department of Labor
 4  and Employment Security pursuant to subsection (5), there
 5  shall be created an Insolvency Fund to be managed by the
 6  association.
 7         (a)  The Insolvency Fund is created for purposes of
 8  meeting the obligations of insolvent members incurred while
 9  members of the association and after the exhaustion of any
10  security deposit bond, as required under this chapter.
11  However, if such security deposit bond, surety, or reinsurance
12  policy is payable to the Florida Self-Insurers Guaranty
13  Association, the association shall commence to provide
14  benefits out of the Insolvency Fund and be reimbursed from the
15  security deposit bond, surety, or reinsurance policy.  The
16  method of operation of the Insolvency Fund shall be defined in
17  the plan of operation as provided in subsection (5).
18         (b)  The department shall have the authority to audit
19  the financial soundness of the Insolvency Fund annually.
20         (c)  The department may offer certain amendments to the
21  plan of operation to the board of directors of the association
22  for purposes of assuring the ongoing financial soundness of
23  the Insolvency Fund and its ability to meet the obligations of
24  this section.
25         (d)  The department actuary may make certain
26  recommendations to improve the orderly payment of claims.
27         (5)  PLAN OF OPERATION.--The association shall operate
28  pursuant to a plan of operation approved by the board of
29  directors.  The plan of operation in effect on March 1, 2001,
30  and approved by the Department of Labor and Employment
31  Security shall remain in effect. However, any amendments to
                                 132
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  the plan shall not become effective until approved by the
 2  Department of Insurance. By September 15, 1982, the board of
 3  directors shall submit to the Department of Labor and
 4  Employment Security a proposed plan of operation for the
 5  administration of the association and the Insolvency Fund.
 6         (a)  The purpose of the plan of operation shall be to
 7  provide the association and the board of directors with the
 8  authority and responsibility to establish the necessary
 9  programs and to take the necessary actions to protect against
10  the insolvency of a member of the association.  In addition,
11  the plan shall provide that the members of the association
12  shall be responsible for maintaining an adequate Insolvency
13  Fund to meet the obligations of insolvent members provided for
14  under this act and shall authorize the board of directors to
15  contract and employ those persons with the necessary expertise
16  to carry out this stated purpose. By January 1, 2002, the
17  board of directors shall submit to the Department of Insurance
18  a proposed plan of operation for the administration of the
19  association. The Department of Insurance shall approve the
20  plan by order, consistent with this act. The Department of
21  Insurance shall approve any amendments to the plan, by order
22  consistent with this act, and determined appropriate to carry
23  out the duties and responsibilities of the association.
24         (b)  The plan of operation, and any amendments thereto,
25  shall take effect upon approval in writing by the department.
26  If the board of directors fails to submit a plan by September
27  15, 1982, or fails to make required amendments to the plan
28  within 30 days thereafter, the department shall promulgate
29  such rules as are necessary to effectuate the provisions of
30  this subsection.  Such rules shall continue in force until
31  modified by the department or superseded by a plan submitted
                                 133
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  by the board of directors and approved by the department.
 2         (b)(c)  All member employers shall comply with the plan
 3  of operation.
 4         (c)(d)  The plan of operation shall:
 5         1.  Establish the procedures whereby all the powers and
 6  duties of the association under subsection (3) will be
 7  performed.
 8         2.  Establish procedures for handling assets of the
 9  association.
10         3.  Establish the amount and method of reimbursing
11  members of the board of directors under subsection (2).
12         4.  Establish procedures by which claims may be filed
13  with the association and establish acceptable forms of proof
14  of covered claims.  Notice of claims to the receiver or
15  liquidator of the insolvent employer shall be deemed notice to
16  the association or its agent, and a list of such claims shall
17  be submitted periodically to the association or similar
18  organization in another state by the receiver or liquidator.
19         5.  Establish regular places and times for meetings of
20  the board of directors.
21         6.  Establish procedures for records to be kept of all
22  financial transactions of the association and its agents and
23  the board of directors.
24         7.  Provide that any member employer aggrieved by any
25  final action or decision of the association may appeal to the
26  department within 30 days after the action or decision.
27         8.  Establish the procedures whereby recommendations of
28  candidates for the board of directors shall be submitted to
29  the department.
30         9.  Contain additional provisions necessary or proper
31  for the execution of the powers and duties of the association.
                                 134
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (d)(e)  The plan of operation may provide that any or
 2  all of the powers and duties of the association, except those
 3  specified under subparagraphs (c)(d)1. and 2., be delegated to
 4  a corporation, association, or other organization which
 5  performs or will perform functions similar to those of this
 6  association or its equivalent in two or more states.  Such a
 7  corporation, association, or organization shall be reimbursed
 8  as a servicing facility would be reimbursed and shall be paid
 9  for its performance of any other functions of the association.
10  A delegation of powers or duties under this subsection shall
11  take effect only with the approval of both the board of
12  directors and the department and may be made only to a
13  corporation, association, or organization which extends
14  protection which is not substantially less favorable and
15  effective than the protection provided by this section.
16         (6)  POWERS AND DUTIES OF DEPARTMENT OF INSURANCE LABOR
17  AND EMPLOYMENT SECURITY.--
18         (a)  The department shall:
19         1.  review recommendations of the association
20  concerning whether current or former self-insured employers or
21  members of the association have the financial strength
22  necessary to ensure the timely payment of all current and
23  estimated future claims.  If the association determines an
24  employer does not have the financial strength necessary to
25  ensure the timely payment of all current and future claims and
26  recommends action pursuant to paragraph (3)(b), the Department
27  of Insurance may take such action as necessary to order the
28  employer to comply with the recommendation. Notify the
29  association of the existence of an insolvent employer not
30  later than 3 days after it receives notice of the
31  determination of insolvency.
                                 135
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (b)  The department may:
 2         1.  Contract with the association for services, which
 3  may include, but not be limited to, the following:
 4         a.  Process applications for self-insurance.
 5         b.  Collect and review financial statements and loss
 6  reserve information from individual self-insurers.
 7         c.  Collect and maintain files for original security
 8  deposit documents and reinsurance policies from individual
 9  self-insurers and, if necessary, perfect security interests in
10  security deposits.
11         d.  Process compliance documentation for individual
12  self-insurers and provide same to the Department of Insurance.
13         e.  Collect all data necessary to calculate annual
14  premium for all individual self-insurers, including individual
15  self-insurers that are public utilities or governmental
16  entities, and provide such calculated annual premium to the
17  Department of Insurance for assessment purposes.
18         f.  Inspect and audit annually, if necessary, the
19  payroll and other records of each individual self-insurer,
20  including individual self-insurers that are public utilities
21  or governmental entities, in order to determine the wages paid
22  by each individual self-insurer, the premium such individual
23  self-insurer would have to pay if insured, and all payments of
24  compensation made by such individual self-insurer during each
25  prior period with the results of such audit provided to the
26  Department of Insurance.  For the purposes of this section,
27  the payroll records of each individual self-insurer shall be
28  open to inspection and audit by the association, the
29  department, or their authorized representative, during regular
30  business hours.
31         g.  Provide legal representation to implement the
                                 136
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  administration and audit of individual self-insurers and make
 2  recommendations regarding prosecution of any administrative or
 3  legal proceedings necessitated by the department's regulation
 4  of the individual self-insurers.
 5         2.  Contract with an attorney or attorneys recommended
 6  by the association for representation of the department in any
 7  administrative or legal proceedings necessitated by the
 8  recommended regulation of the individual self-insurers. Upon
 9  request of the board of directors, provide the association
10  with a statement of the annual normal premiums of each member
11  employer.
12         (b)  The department may:
13         3.1.  Direct the association to require from each
14  individual self-insurer, at such time and in accordance with
15  such regulations as the department prescribes, reports in
16  respect to wages paid, the amount of premiums such individual
17  self-insurer would have to pay if insured, and all payments of
18  compensation made by such individual self-insurer during each
19  prior period and determine the amounts paid by each individual
20  self-insurer and the amounts paid by all individual
21  self-insurers during such period. For the purposes of this
22  section, the payroll records of each individual self-insurer
23  shall be open to annual inspection and audit by the
24  association, the department, or their authorized
25  representative, during regular business hours, and if any
26  audit of such records of an individual self-insurer discloses
27  a deficiency in the amount reported to the association or in
28  the amounts paid to the Department of Insurance by an
29  individual self-insurer for its assessment for the Workers'
30  Compensation Administration Trust Fund, the Department of
31  Insurance or the association may assess the cost of such audit
                                 137
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  against the individual self-insurer.
 2         4.  Require that the association notify the member
 3  employers and any other interested parties of the
 4  determination of insolvency and of their rights under this
 5  section.  Such notification shall be by mail at the last known
 6  address thereof when available; but, if sufficient information
 7  for notification by mail is not available, notice by
 8  publication in a newspaper of general circulation shall be
 9  sufficient.
10         5.2.  Suspend or revoke the authority of any member
11  employer failing to pay an assessment when due or failing to
12  comply with the plan of operation to self-insure in this
13  state. As an alternative, the department may levy a fine on
14  any member employer failing to pay an assessment when due.
15  Such fine shall not exceed 5 percent of the unpaid assessment
16  per month, except that no fine shall be less than $100 per
17  month.
18         3.  Revoke the designation of any servicing facility if
19  the department finds that claims are being handled
20  unsatisfactorily.
21         (7)  EFFECT OF PAID CLAIMS.--
22         (a)  Any person who recovers from the association under
23  this section shall be deemed to have assigned his or her
24  rights to the association to the extent of such recovery.
25  Every claimant seeking the protection of this section shall
26  cooperate with the association to the same extent as such
27  person would have been required to cooperate with the
28  insolvent member.  The association shall have no cause of
29  action against the employee of the insolvent member for any
30  sums the association has paid out, except such causes of
31  action as the insolvent member would have had if such sums had
                                 138
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  been paid by the insolvent member.  In the case of an
 2  insolvent member operating on a plan with assessment
 3  liability, payments of claims by the association shall not
 4  operate to reduce the liability of the insolvent member to the
 5  receiver, liquidator, or statutory successor for unpaid
 6  assessments.
 7         (b)  The receiver, liquidator, or statutory successor
 8  of an insolvent member shall be bound by settlements of
 9  covered claims by the association or a similar organization in
10  another state.  The court having jurisdiction shall grant such
11  claims priority against the assets of the insolvent member
12  equal to that to which the claimant would have been entitled
13  in the absence of this section. The expense of the association
14  or similar organization in handling claims shall be accorded
15  the same priority as the expenses of the liquidator.
16         (c)  The association shall file periodically with the
17  receiver or liquidator of the insolvent member statements of
18  the covered claims paid by the association and estimates of
19  anticipated claims on the association, which shall preserve
20  the rights of the association against the assets of the
21  insolvent member.
22         (8)  NOTIFICATION PREVENTION OF INSOLVENCIES.--To aid
23  in the detection and prevention of employer insolvencies:
24         (a)  upon determination by majority vote that any
25  member employer may be insolvent or in a financial condition
26  hazardous to the employees thereof or to the public, it shall
27  be the duty of the board of directors to notify the Department
28  of Insurance Labor and Employment Security of any information
29  indicating such condition.
30         (b)  The board of directors may, upon majority vote,
31  request that the department determine the condition of any
                                 139
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  member employer which the board in good faith believes may no
 2  longer be qualified to be a member of the association.  Within
 3  30 days of the receipt of such request or, for good cause
 4  shown, within a reasonable time thereafter, the department
 5  shall make such determination and shall forthwith advise the
 6  board of its findings. Each request for a determination shall
 7  be kept on file by the department, but the request shall not
 8  be open to public inspection prior to the release of the
 9  determination to the public.
10         (c)  It shall also be the duty of the department to
11  report to the board of directors when it has reasonable cause
12  to believe that a member employer may be in such a financial
13  condition as to be no longer qualified to be a member of the
14  association.
15         (d)  The board of directors may, upon majority vote,
16  make reports and recommendations to the department upon any
17  matter which is germane to the solvency, liquidation,
18  rehabilitation, or conservation of any member employer. Such
19  reports and recommendations shall not be considered public
20  documents.
21         (e)  The board of directors may, upon majority vote,
22  make recommendations to the department for the detection and
23  prevention of employer insolvencies.
24         (f)  The board of directors shall, at the conclusion of
25  any member's insolvency in which the association was obligated
26  to pay covered claims, prepare a report on the history and
27  cause of such insolvency, based on the information available
28  to the association, and shall submit such report to the
29  department.
30         (9)  EXAMINATION OF THE ASSOCIATION.--The association
31  shall be subject to examination and regulation by the
                                 140
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Department of Insurance Labor and Employment Security.  No
 2  later than March 30 of each year, the board of directors shall
 3  submit an audited a financial statement report for the
 4  preceding calendar year in a form approved by the department.
 5         (10)  IMMUNITY.--There shall be no liability on the
 6  part of, and no cause of action of any nature shall arise
 7  against, any member employer, the association or its agents or
 8  employees, the board of directors, or the Department of
 9  Insurance Labor and Employment Security or its representatives
10  for any action taken by them in the performance of their
11  powers and duties under this section.
12         (11)  STAY OF PROCEEDINGS; REOPENING OF DEFAULT
13  JUDGMENTS.--All proceedings in which an insolvent employer is
14  a party, or is obligated to defend a party, in any court or
15  before any quasi-judicial body or administrative board in this
16  state shall be stayed for up to 6 months, or for such
17  additional period from the date the employer becomes an
18  insolvent member, as is deemed necessary by a court of
19  competent jurisdiction to permit proper defense by the
20  association of all pending causes of action as to any covered
21  claims arising from a judgment under any decision, verdict, or
22  finding based on the default of the insolvent member. The
23  association, either on its own behalf or on behalf of the
24  insolvent member, may apply to have such judgment, order,
25  decision, verdict, or finding set aside by the same court or
26  administrator that made such judgment, order, decision,
27  verdict, or finding and shall be permitted to defend against
28  such claim on the merits.  If requested by the association,
29  the stay of proceedings may be shortened or waived.
30         (12)  LIMITATION ON CERTAIN ACTIONS.--Notwithstanding
31  any other provision of this chapter, a covered claim, as
                                 141
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  defined herein, with respect to which settlement is not
 2  effected and pursuant to which suit is not instituted against
 3  the insured of an insolvent member or the association within 1
 4  year after the deadline for filing claims with the receiver of
 5  the insolvent member, or any extension of the deadline, shall
 6  thenceforth be barred as a claim against the association.
 7         (13)  CORPORATE INCOME TAX CREDIT.--Any sums acquired
 8  by a member by refund, dividend, or otherwise from the
 9  association shall be payable within 30 days of receipt to the
10  Department of Insurance for deposit with the Treasurer to the
11  credit of the General Revenue Fund.  All provisions of chapter
12  220 relating to penalties and interest on delinquent corporate
13  income tax payments apply to payments due under this
14  subsection.
15         Section 39.  Subsections (2), (3), and (4) of section
16  440.386, Florida Statutes, are amended to read:
17         440.386  Individual self-insurers' insolvency;
18  conservation; liquidation.--
19         (2)  COMMENCEMENT OF DELINQUENCY PROCEEDING.--The
20  Department of Insurance or the Florida Self-Insurers Guaranty
21  Association, Incorporated, may commence a delinquency any such
22  proceeding by application to the court for an order directing
23  the individual self-insurer to show cause why the department
24  or association should not have the relief prayed for. The
25  Florida Self-Insurers Guaranty Association, Incorporated, may
26  petition the department to commence such proceedings, and upon
27  receipt of such petition, the department shall commence such
28  proceeding.  On the return of such order to show cause, and
29  after a full hearing, the court shall either deny the
30  application or grant the application, together with such other
31  relief as the nature of the case and the interests of the
                                 142
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  claimants, creditors, stockholders, members, subscribers, or
 2  public may require.  The Department of Insurance and the
 3  association shall give Florida Self-Insurers Guaranty
 4  Association, Incorporated, shall be given reasonable written
 5  notice to each other by the department of all hearings which
 6  pertain to an adjudication of insolvency of a member
 7  individual self-insurer.
 8         (3)  GROUNDS FOR LIQUIDATION.--The Department of
 9  Insurance or the association may apply to the court for an
10  order appointing a receiver and directing the receiver to
11  liquidate the business of a domestic individual self-insurer
12  if such individual self-insurer is insolvent.  Florida
13  Self-Insurers Guaranty Association, Incorporated, may petition
14  the department to apply to the court for such order.  Upon
15  receipt of such petition, the department shall apply to the
16  court for such order.
17         (4)  GROUNDS FOR CONSERVATION; FOREIGN INDIVIDUAL
18  SELF-INSURERS.--
19         (a)  The Department of Insurance or the association may
20  apply to the court for an order appointing a receiver or
21  ancillary receiver, and directing the receiver to conserve the
22  assets within this state, of a foreign individual self-insurer
23  if such individual self-insurer is insolvent.  Florida
24  Self-Insurers Guaranty Association, Incorporated, may petition
25  the department to apply for such order, and, upon receipt of
26  such petition, the department shall apply to the court for
27  such order.
28         (b)  An order to conserve the assets of an individual
29  self-insurer shall require the receiver forthwith to take
30  possession of the property of the receiver within the state
31  and to conserve it, subject to the further direction of the
                                 143
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  court.
 2         Section 40.  Section 440.40, Florida Statutes, is
 3  amended to read:
 4         440.40  Compensation notice.--Every employer who has
 5  secured compensation under the provisions of this chapter
 6  shall keep posted in a conspicuous place or places in and
 7  about her or his place or places of business typewritten or
 8  printed notices, in accordance with a form prescribed by the
 9  department division, stating that such employer has secured
10  the payment of compensation in accordance with the provisions
11  of this chapter. Such notices shall contain the name and
12  address of the carrier, if any, with whom the employer has
13  secured payment of compensation and the date of the expiration
14  of the policy. The department division may by rule prescribe
15  the form of the notices and require carriers to provide the
16  notices to policyholders.
17         Section 41.  Section 440.41, Florida Statutes, is
18  amended to read:
19         440.41  Substitution of carrier for employer.--In any
20  case where the employer is not a self-insurer, in order that
21  the liability for compensation imposed by this chapter may be
22  most effectively discharged by the employer, and in order that
23  the administration of this chapter in respect of such
24  liability may be facilitated, the department division shall by
25  regulation provide for the discharge, by the carrier for such
26  employer, of such obligations and duties of the employer in
27  respect of such liability, imposed by this chapter upon the
28  employer, as it considers proper in order to effectuate the
29  provisions of this chapter.  For such purposes:
30         (1)  Notice to or knowledge of an employer of the
31  occurrence of the injury shall be notice to or knowledge of
                                 144
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  the carrier.
 2         (2)  Jurisdiction of the employer by the judges of
 3  compensation claims, the department division, or any court
 4  under this chapter shall be jurisdiction of the carrier.
 5         (3)  Any requirement by the judges of compensation
 6  claims, the department division, or any court under any
 7  compensation order, finding, or decision shall be binding upon
 8  the carrier in the same manner and to the same extent as upon
 9  the employer.
10         Section 42.  Subsection (3) of section 440.42, Florida
11  Statutes, is amended to read:
12         440.42  Insurance policies; liability.--
13         (3)  No contract or policy of insurance issued by a
14  carrier under this chapter shall expire or be canceled until
15  at least 30 days have elapsed after a notice of cancellation
16  has been sent to the department division and to the employer
17  in accordance with the provisions of s. 440.185(7).  However,
18  when duplicate or dual coverage exists by reason of two
19  different carriers having issued policies of insurance to the
20  same employer securing the same liability, it shall be
21  presumed that only that policy with the later effective date
22  shall be in force and that the earlier policy terminated upon
23  the effective date of the latter.  In the event that both
24  policies carry the same effective date, one of the policies
25  may be canceled instanter upon filing a notice of cancellation
26  with the department division and serving a copy thereof upon
27  the employer in such manner as the department division
28  prescribes by rule. The department division may by rule
29  prescribe the content of the notice of retroactive
30  cancellation and specify the time, place, and manner in which
31  the notice of cancellation is to be served.
                                 145
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         Section 43.  Section 440.44, Florida Statutes, is
 2  amended to read:
 3         440.44  Workers' compensation; staff organization.--
 4         (1)  INTERPRETATION OF LAW.--As a guide to the
 5  interpretation of this chapter, the Legislature takes due
 6  notice of federal social and labor acts and hereby creates an
 7  agency to administer such acts passed for the benefit of
 8  employees and employers in Florida industry, and desires to
 9  meet the requirements of such federal acts wherever not
10  inconsistent with the Constitution and laws of Florida.
11         (2)  INTENT.--It is the intent of the Legislature that
12  the department, the agency, and the Department of Education
13  division assume an active and forceful role in their its
14  administration of this act, so as to ensure that the system
15  operates efficiently and with maximum benefit to both
16  employers and employees.
17         (3)  EXPENDITURES.--The department, the agency, the
18  Department of Education, division and the Chief Judge shall
19  make such expenditures, including expenditures for personal
20  services and rent at the seat of government and elsewhere, for
21  law books; for telephone services and WATS lines; for books of
22  reference, periodicals, equipment, and supplies; and for
23  printing and binding as may be necessary in the administration
24  of this chapter.  All expenditures in the administration of
25  this chapter shall be allowed and paid as provided in s.
26  440.50 upon the presentation of itemized vouchers therefor
27  approved by the department, the agency, the Department of
28  Education, division or the Chief Judge.
29         (4)  MERIT SYSTEM PRINCIPLE OF PERSONNEL
30  ADMINISTRATION.--Subject to the other provisions of this
31  chapter, the department, the agency, and the Department of
                                 146
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Education are division is authorized to appoint, and prescribe
 2  the duties and powers of, bureau chiefs, attorneys,
 3  accountants, medical advisers, technical assistants,
 4  inspectors, claims examiners, and such other employees as may
 5  be necessary in the performance of its duties under this
 6  chapter.
 7         (5)  OFFICE.--The department, the agency, the
 8  Department of Education, division and the Chief Judge shall
 9  maintain and keep open during reasonable business hours an
10  office, which shall be provided in the Capitol or some other
11  suitable building in the City of Tallahassee, for the
12  transaction of business under this chapter, at which office
13  the official records and papers shall be kept.  The office
14  shall be furnished and equipped.  The department, the agency
15  division, any judge of compensation claims, or the Chief Judge
16  may hold sessions and conduct hearings at any place within the
17  state.
18         (6)  SEAL.--The division and, the Office of the Judges
19  of Compensation Claims judges of compensation claims, and the
20  Chief Judge shall have seals a seal upon which shall be
21  inscribed the words "State of Florida Department of Insurance
22  ...Seal" and the "Division of Administrative Hearings...
23  Seal." respectively. of Labor and Employment Security--Seal."
24         (7)  DESTRUCTION OF OBSOLETE RECORDS.--The department
25  division is expressly authorized to provide by regulation for
26  and to destroy obsolete records of the department division and
27  commission.
28         (8)  PROCEDURE.--In the exercise of their its duties
29  and functions requiring administrative hearings, the
30  department and the agency division shall proceed in accordance
31  with the Administrative Procedure Act.  The authority of the
                                 147
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  department and the agency division to issue orders resulting
 2  from administrative hearings as provided for in this chapter
 3  shall not infringe upon the jurisdiction of the judges of
 4  compensation claims.
 5         Section 44.  Section 440.4416, Florida Statutes, is
 6  hereby repealed.
 7         Section 45.  Subsection (1) of section 440.45, Florida
 8  Statutes, is amended to read:
 9         440.45  Office of the Judges of Compensation Claims.--
10         (1)  There is hereby created the Office of the Judges
11  of Compensation Claims within the Division of Administrative
12  Hearing of the Department of Management Services Department of
13  Labor and Employment Security. The Office of the Judges of
14  Compensation Claims shall be headed by a Chief Judge.  The
15  Chief Judge shall be appointed by the Governor for a term of 4
16  years from a list of three names submitted by the statewide
17  nominating commission created under subsection (2). The Chief
18  Judge must possess the same qualifications for appointment as
19  a judge of compensation claims, and the procedure for
20  reappointment of the Chief Judge will be the same as for
21  reappointment of a judge of compensation claims. The office
22  shall be a separate budget entity and the Chief Judge shall be
23  its agency head for all purposes.  The Division of
24  Administrative Hearings Department of Labor and Employment
25  Security shall provide administrative support and service to
26  the office to the extent requested by the Chief Judge but
27  shall not direct, supervise, or control the Office of the
28  Judges of Compensation Claims in any manner, including, but
29  not limited to, personnel, purchasing, budgetary matters, or
30  property transactions. The operating budget of the Office of
31  the Judges of Compensation Claims shall be paid out of the
                                 148
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Workers' Compensation Administration Trust Fund established in
 2  s. 440.50.
 3         Section 46.  Subsections (1), (2), (7), (8), (9), (10),
 4  and (11) of section 440.49, Florida Statutes, are amended to
 5  read:
 6         440.49  Limitation of liability for subsequent injury
 7  through Special Disability Trust Fund.--
 8         (1)  LEGISLATIVE INTENT.--Whereas it is often difficult
 9  for workers with disabilities to achieve employment or to
10  become reemployed following an injury, and it is the desire of
11  the Legislature to facilitate the return of these workers to
12  the workplace, it is the purpose of this section to encourage
13  the employment, reemployment, and accommodation of the
14  physically disabled by reducing an employer's insurance
15  premium for reemploying an injured worker, to decrease
16  litigation between carriers on apportionment issues, and to
17  protect employers from excess liability for compensation and
18  medical expense when an injury to a physically disabled worker
19  merges with, aggravates, or accelerates her or his preexisting
20  permanent physical impairment to cause either a greater
21  disability or permanent impairment, or an increase in
22  expenditures for temporary compensation or medical benefits
23  than would have resulted from the injury alone. The department
24  division or the administrator shall inform all employers of
25  the existence and function of the fund and shall interpret
26  eligibility requirements liberally. However, this subsection
27  shall not be construed to create or provide any benefits for
28  injured employees or their dependents not otherwise provided
29  by this chapter. The entitlement of an injured employee or her
30  or his dependents to compensation under this chapter shall be
31  determined without regard to this subsection, the provisions
                                 149
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  of which shall be considered only in determining whether an
 2  employer or carrier who has paid compensation under this
 3  chapter is entitled to reimbursement from the Special
 4  Disability Trust Fund.
 5         (2)  DEFINITIONS.--As used in this section, the term:
 6         (a)  "Permanent physical impairment" means and is
 7  limited to the conditions listed in paragraph (6)(a).
 8         (b)  "Preferred worker" means a worker who, because of
 9  a permanent impairment resulting from a compensable injury or
10  occupational disease, is unable to return to the worker's
11  regular employment.
12         (c)  "Merger" describes or means that:
13         1.  If the permanent physical impairment had not
14  existed, the subsequent accident or occupational disease would
15  not have occurred;
16         2.  The permanent disability or permanent impairment
17  resulting from the subsequent accident or occupational disease
18  is materially and substantially greater than that which would
19  have resulted had the permanent physical impairment not
20  existed, and the employer has been required to pay, and has
21  paid, permanent total disability or permanent impairment
22  benefits for that materially and substantially greater
23  disability;
24         3.  The preexisting permanent physical impairment is
25  aggravated or accelerated as a result of the subsequent injury
26  or occupational disease, or the preexisting impairment has
27  contributed, medically and circumstantially, to the need for
28  temporary compensation, medical, or attendant care and the
29  employer has been required to pay, and has paid, temporary
30  compensation, medical, or attendant care benefits for the
31  aggravated preexisting permanent impairment; or
                                 150
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         4.  Death would not have been accelerated if the
 2  permanent physical impairment had not existed.
 3         (d)  "Excess permanent compensation" means that
 4  compensation for permanent impairment, or permanent total
 5  disability or death benefits, for which the employer or
 6  carrier is otherwise entitled to reimbursement from the
 7  Special Disability Trust Fund.
 8         (e)  "Administrator" means the entity selected by the
 9  commission to review, allow, deny, compromise, controvert, and
10  litigate claims of the Special Disability Trust Fund.
11         (f)  "Corporation" means the Special Disability Trust
12  Fund Financing Corporation, as created under subsection (14).
13         (g)  "Commission" means the Special Disability Trust
14  Fund Privatization Commission, as created under subsection
15  (13).
16  
17  In addition to the definitions contained in this subsection,
18  the department division may by rule prescribe definitions that
19  are necessary for the effective administration of this
20  section.
21         (7)  REIMBURSEMENT OF EMPLOYER.--
22         (a)  The right to reimbursement as provided in this
23  section is barred unless written notice of claim of the right
24  to such reimbursement is filed by the employer or carrier
25  entitled to such reimbursement with the department division or
26  administrator at Tallahassee within 2 years after the date the
27  employee last reached maximum medical improvement, or within 2
28  years after the date of the first payment of compensation for
29  permanent total disability, wage loss, or death, whichever is
30  later. The notice of claim must contain such information as
31  the department division by rule requires or as established by
                                 151
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  the administrator; and the employer or carrier claiming
 2  reimbursement shall furnish such evidence in support of the
 3  claim as the department division or administrator reasonably
 4  may require.
 5         (b)  For notice of claims on the Special Disability
 6  Trust Fund filed on or after July 1, 1978, the Special
 7  Disability Trust Fund shall, within 120 days after receipt of
 8  notice that a carrier has paid, been required to pay, or
 9  accepted liability for excess compensation, serve notice of
10  the acceptance of the claim for reimbursement.
11         (c)  A proof of claim must be filed on each notice of
12  claim on file as of June 30, 1997, within 1 year after July 1,
13  1997, or the right to reimbursement of the claim shall be
14  barred. A notice of claim on file on or before June 30, 1997,
15  may be withdrawn and refiled if, at the time refiled, the
16  notice of claim remains within the limitation period specified
17  in paragraph (a).  Such refiling shall not toll, extend, or
18  otherwise alter in any way the limitation period applicable to
19  the withdrawn and subsequently refiled notice of claim. Each
20  proof of claim filed shall be accompanied by a proof-of-claim
21  fee as provided in paragraph (9)(d). The Special Disability
22  Trust Fund shall, within 120 days after receipt of the proof
23  of claim, serve notice of the acceptance of the claim for
24  reimbursement. This paragraph shall apply to all claims
25  notwithstanding the provisions of subsection (12).
26         (d)  Each notice of claim filed or refiled on or after
27  July 1, 1997, must be accompanied by a notification fee as
28  provided in paragraph (9)(d).  A proof of claim must be filed
29  within 1 year after the date the notice of claim is filed or
30  refiled, accompanied by a proof-of-claim fee as provided in
31  paragraph (9)(d), or the claim shall be barred.  The
                                 152
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  notification fee shall be waived if both the notice of claim
 2  and proof of claim are submitted together as a single filing.
 3  The Special Disability Trust Fund shall, within 180 days after
 4  receipt of the proof of claim, serve notice of the acceptance
 5  of the claim for reimbursement.  This paragraph shall apply to
 6  all claims notwithstanding the provisions of subsection (12).
 7         (e)  For dates of accident on or after January 1, 1994,
 8  the Special Disability Trust Fund shall, within 120 days of
 9  receipt of notice that a carrier has been required to pay, and
10  has paid over $10,000 in benefits, serve notice of the
11  acceptance of the claim for reimbursement. Failure of the
12  Special Disability Trust Fund to serve notice of acceptance
13  shall give rise to the right to request a hearing on the claim
14  for reimbursement. If the Special Disability Trust Fund
15  through its representative denies or controverts the claim,
16  the right to such reimbursement shall be barred unless an
17  application for a hearing thereon is filed with the department
18  division or administrator at Tallahassee within 60 days after
19  notice to the employer or carrier of such denial or
20  controversion. When such application for a hearing is timely
21  filed, the claim shall be heard and determined in accordance
22  with the procedure prescribed in s. 440.25, to the extent that
23  such procedure is applicable, and in accordance with the
24  workers' compensation rules of procedure. In such proceeding
25  on a claim for reimbursement, the Special Disability Trust
26  Fund shall be made the party respondent, and no findings of
27  fact made with respect to the claim of the injured employee or
28  the dependents for compensation, including any finding made or
29  order entered pursuant to s. 440.20(11), shall be res
30  judicata. The Special Disability Trust Fund may not be joined
31  or made a party to any controversy or dispute between an
                                 153
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  employee and the dependents and the employer or between two or
 2  more employers or carriers without the written consent of the
 3  fund.
 4         (f)  When it has been determined that an employer or
 5  carrier is entitled to reimbursement in any amount, the
 6  employer or carrier shall be reimbursed annually from the
 7  Special Disability Trust Fund for the compensation and medical
 8  benefits paid by the employer or carrier for which the
 9  employer or carrier is entitled to reimbursement, upon filing
10  request therefor and submitting evidence of such payment in
11  accordance with rules prescribed by the department division,
12  which rules may include parameters for annual audits. The
13  Special Disability Trust Fund shall pay the approved
14  reimbursement requests on a first-in, first-out basis
15  reflecting the order in which the reimbursement requests were
16  received.
17         (g)  The department division may by rule require
18  specific forms and procedures for the administration and
19  processing of claims made through the Special Disability Trust
20  Fund.
21         (8)  PREFERRED WORKER PROGRAM.--The The Department of
22  Education division or administrator shall issue identity cards
23  to preferred workers upon request by qualified employees and
24  the department shall reimburse an employer, from the Special
25  Disability Trust Fund, for the cost of workers' compensation
26  premium related to the preferred workers payroll for up to 3
27  years of continuous employment upon satisfactory evidence of
28  placement and issuance of payroll and classification records
29  and upon the employee's certification of employment. The
30  department and the Department of Education division may by
31  rule prescribe definitions, forms, and procedures for the
                                 154
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  administration of the preferred worker program. The Department
 2  of Education division may by rule prescribe the schedule for
 3  submission of forms for participation in the program.
 4         (9)  SPECIAL DISABILITY TRUST FUND.--
 5         (a)  There is established in the State Treasury a
 6  special fund to be known as the "Special Disability Trust
 7  Fund," which shall be available only for the purposes stated
 8  in this section; and the assets thereof may not at any time be
 9  appropriated or diverted to any other use or purpose. The
10  Treasurer shall be the custodian of such fund, and all moneys
11  and securities in such fund shall be held in trust by such
12  Treasurer and shall not be the money or property of the state.
13  The Treasurer is authorized to disburse moneys from such fund
14  only when approved by the department division or corporation
15  and upon the order of the Comptroller. The Treasurer shall
16  deposit any moneys paid into such fund into such depository
17  banks as the department division or corporation may designate
18  and is authorized to invest any portion of the fund which, in
19  the opinion of the division, is not needed for current
20  requirements, in the same manner and subject to all the
21  provisions of the law with respect to the deposits of state
22  funds by such Treasurer. All interest earned by such portion
23  of the fund as may be invested by the Treasurer shall be
24  collected by her or him and placed to the credit of such fund.
25         (b)1.  The Special Disability Trust Fund shall be
26  maintained by annual assessments upon the insurance companies
27  writing compensation insurance in the state, the commercial
28  self-insurers under ss. 624.462 and 624.4621, the assessable
29  mutuals under s. 628.601, and the self-insurers under this
30  chapter, which assessments shall become due and be paid
31  quarterly at the same time and in addition to the assessments
                                 155
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  provided in s. 440.51. The department division shall estimate
 2  annually in advance the amount necessary for the
 3  administration of this subsection and the maintenance of this
 4  fund and shall make such assessment in the manner hereinafter
 5  provided.
 6         2.  The annual assessment shall be calculated to
 7  produce during the ensuing fiscal year an amount which, when
 8  combined with that part of the balance in the fund on June 30
 9  of the current fiscal year which is in excess of $100,000, is
10  equal to the average of:
11         a.  The sum of disbursements from the fund during the
12  immediate past 3 calendar years, and
13         b.  Two times the disbursements of the most recent
14  calendar year.
15  
16  Such amount shall be prorated among the insurance companies
17  writing compensation insurance in the state and the
18  self-insurers. Provided however, for those carriers that have
19  excluded ceded reinsurance premiums from their assessments on
20  or before January 1, 2000, no assessments on ceded reinsurance
21  premiums shall be paid by those carriers until such time as
22  the Division of Workers' Compensation of the Department of
23  Labor and Employment Security or the department advises each
24  of those carriers of the impact that the inclusion of ceded
25  reinsurance premiums has on their assessment. The department
26  division may not recover any past underpayments of assessments
27  levied against any carrier that on or before January 1, 2000,
28  excluded ceded reinsurance premiums from their assessment
29  prior to the point that the Division of Workers' Compensation
30  of the Department of Labor and Employment Security or the
31  department advises of the appropriate assessment that should
                                 156
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  have been paid.
 2         3.  The net premiums written by the companies for
 3  workers' compensation in this state and the net premium
 4  written applicable to the self-insurers in this state are the
 5  basis for computing the amount to be assessed as a percentage
 6  of net premiums. Such payments shall be made by each carrier
 7  and self-insurer to the department division for the Special
 8  Disability Trust Fund in accordance with such regulations as
 9  the department division prescribes.
10         4.  The Treasurer is authorized to receive and credit
11  to such Special Disability Trust Fund any sum or sums that may
12  at any time be contributed to the state by the United States
13  under any Act of Congress, or otherwise, to which the state
14  may be or become entitled by reason of any payments made out
15  of such fund.
16         (c)  Notwithstanding the Special Disability Trust Fund
17  assessment rate calculated pursuant to this section, the rate
18  assessed shall not exceed 4.52 percent.
19         (d)  The Special Disability Trust Fund shall be
20  supplemented by a $250 notification fee on each notice of
21  claim filed or refiled after July 1, 1997, and a $500 fee on
22  each proof of claim filed in accordance with subsection (7).
23  Revenues from the fee shall be deposited into the Special
24  Disability Trust Fund and are exempt from the deduction
25  required by s. 215.20. The fees provided in this paragraph
26  shall not be imposed upon any insurer which is in receivership
27  with the Department of Insurance.
28         (e)  The Department of Insurance Labor and Employment
29  Security or administrator shall report annually on the status
30  of the Special Disability Trust Fund.  The report shall update
31  the estimated undiscounted and discounted fund liability, as
                                 157
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  determined by an independent actuary, change in the total
 2  number of notices of claim on file with the fund in addition
 3  to the number of newly filed notices of claim, change in the
 4  number of proofs of claim processed by the fund, the fee
 5  revenues refunded and revenues applied to pay down the
 6  liability of the fund, the average time required to reimburse
 7  accepted claims, and the average administrative costs per
 8  claim.  The department or administrator shall submit its
 9  report to the Governor, the President of the Senate, and the
10  Speaker of the House of Representatives by December 1 of each
11  year.
12         (10)  DEPARTMENT DIVISION ADMINISTRATION OF FUND;
13  CLAIMS; ADVISORY COMMITTEE; EXPENSES.--The department division
14  or administrator shall administer the Special Disability Trust
15  Fund with authority to allow, deny, compromise, controvert,
16  and litigate claims made against it and to designate an
17  attorney to represent it in proceedings involving claims
18  against the fund, including negotiation and consummation of
19  settlements, hearings before judges of compensation claims,
20  and judicial review. The department division or administrator
21  or the attorney designated by it shall be given notice of all
22  hearings and proceedings involving the rights or obligations
23  of such fund and shall have authority to make expenditures for
24  such medical examinations, expert witness fees, depositions,
25  transcripts of testimony, and the like as may be necessary to
26  the proper defense of any claim. The department division shall
27  appoint an advisory committee composed of representatives of
28  management, compensation insurance carriers, and self-insurers
29  to aid it in formulating policies with respect to conservation
30  of the fund, who shall serve without compensation for such
31  terms as specified by it, but be reimbursed for travel
                                 158
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  expenses as provided in s. 112.061. All expenditures made in
 2  connection with conservation of the fund, including the salary
 3  of the attorney designated to represent it and necessary
 4  travel expenses, shall be allowed and paid from the Special
 5  Disability Trust Fund as provided in this section upon the
 6  presentation of itemized vouchers therefor approved by the
 7  department division.
 8         (11)  EFFECTIVE DATES.--This section does not apply to
 9  any case in which the accident causing the subsequent injury
10  or death or the disablement or death from a subsequent
11  occupational disease occurred prior to July 1, 1955, or on or
12  after January 1, 1998.  In no event shall the Special
13  Disability Trust Fund be liable for, or reimburse employers or
14  carriers for, any case in which the accident causing the
15  subsequent injury or death or the disablement or death from a
16  subsequent occupational disease occurred on or after January
17  1, 1998.  The Special Disability Trust Fund shall continue to
18  reimburse employers or carriers for subsequent injuries
19  occurring prior to January 1, 1998, and the department
20  division shall continue to assess for and the department
21  division or administrator shall fund reimbursements as
22  provided in subsection (9) for this purpose.
23         Section 47.  Section 440.491, Florida Statutes, is
24  amended to read:
25         440.491  Reemployment of injured workers;
26  rehabilitation.--
27         (1)  DEFINITIONS.--As used in this section, the term:
28         (a)  "Carrier" means group self-insurance funds or
29  individual self-insureds authorized under this chapter and
30  commercial funds or insurance entities authorized to write
31  workers' compensation insurance under chapter 624.
                                 159
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (b)  "Medical care coordination" includes, but is not
 2  limited to, coordinating physical rehabilitation services such
 3  as medical, psychiatric, or therapeutic treatment for the
 4  injured employee, providing health training to the employee
 5  and family, and monitoring the employee's recovery. The
 6  purposes of medical care coordination are to minimize the
 7  disability and recovery period without jeopardizing medical
 8  stability, to assure that proper medical treatment and other
 9  restorative services are timely provided in a logical
10  sequence, and to contain medical costs.
11         (c)  "Qualified rehabilitation provider" means a
12  rehabilitation nurse, rehabilitation counselor, vocational
13  evaluator, rehabilitation facility, or agency approved by the
14  Department of Education division as qualified to provide
15  reemployment assessments, medical care coordination,
16  reemployment services, or vocational evaluations under this
17  chapter.
18         (d)  "Reemployment assessment" means a written
19  assessment performed by a qualified rehabilitation provider
20  which provides a comprehensive review of the medical
21  diagnosis, treatment, and prognosis; includes conferences with
22  the employer, physician, and claimant; and recommends a
23  cost-effective physical and vocational rehabilitation plan to
24  assist the employee in returning to suitable gainful
25  employment.
26         (e)  "Reemployment services" means services that
27  include, but are not limited to, vocational counseling,
28  job-seeking skills training, ergonomic job analysis,
29  transferable skills analysis, selective job placement, labor
30  market surveys, and arranging other services such as education
31  or training, vocational and on-the-job, which may be needed by
                                 160
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  the employee to secure suitable gainful employment.
 2         (f)  "Reemployment status review" means a review to
 3  determine whether an injured employee is at risk of not
 4  returning to work.
 5         (g)  "Suitable gainful employment" means employment or
 6  self-employment that is reasonably attainable in light of the
 7  employee's age, education, work history, transferable skills,
 8  previous occupation, and injury, and which offers an
 9  opportunity to restore the individual as soon as practicable
10  and as nearly as possible to his or her average weekly
11  earnings at the time of injury.
12         (h)  "Vocational evaluation" means a review of the
13  employee's physical and intellectual capabilities, his or her
14  aptitudes and achievements, and his or her work-related
15  behaviors to identify the most cost-effective means toward the
16  employee's return to suitable gainful employment.
17         (2)  INTENT.--It is the intent of this section to
18  implement a systematic review by carriers of the factors that
19  are predictive of longer-term disability and to encourage the
20  provision of medical care coordination and reemployment
21  services that are necessary to assist the employee in
22  returning to work as soon as is medically feasible.
23         (3)  REEMPLOYMENT STATUS REVIEWS AND REPORTS.--
24         (a)  When an employee who has suffered an injury
25  compensable under this chapter is unemployed 60 days after the
26  date of injury and is receiving benefits for temporary total
27  disability, temporary partial disability, or wage loss, and
28  has not yet been provided medical care coordination and
29  reemployment services voluntarily by the carrier, the carrier
30  must determine whether the employee is likely to return to
31  work and must report its determination to the Department of
                                 161
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Education division. The carrier must thereafter determine the
 2  reemployment status of the employee at 90-day intervals as
 3  long as the employee remains unemployed, is not receiving
 4  medical care coordination or reemployment services, and is
 5  receiving the benefits specified in this subsection.
 6         (b)  If medical care coordination or reemployment
 7  services are voluntarily undertaken within 60 days of the date
 8  of injury, such services may continue to be provided as agreed
 9  by the employee and the carrier.
10         (4)  REEMPLOYMENT ASSESSMENTS.--
11         (a)  The carrier may require the employee to receive a
12  reemployment assessment as it considers appropriate. However,
13  the carrier is encouraged to obtain a reemployment assessment
14  if:
15         1.  The carrier determines that the employee is at risk
16  of remaining unemployed.
17         2.  The case involves catastrophic or serious injury.
18         (b)  The carrier shall authorize only a qualified
19  rehabilitation provider to provide the reemployment
20  assessment. The rehabilitation provider shall conduct its
21  assessment and issue a report to the carrier, the employee,
22  and the Department of Education division within 30 days after
23  the time such assessment is complete.
24         (c)  If the rehabilitation provider recommends that the
25  employee receive medical care coordination or reemployment
26  services, the carrier shall advise the employee of the
27  recommendation and determine whether the employee wishes to
28  receive such services. The employee shall have 15 days after
29  the date of receipt of the recommendation in which to agree to
30  accept such services. If the employee elects to receive
31  services, the carrier may refer the employee to a
                                 162
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  rehabilitation provider for such coordination or services
 2  within 15 days of receipt of the assessment report or notice
 3  of the employee's election, whichever is later.
 4         (5)  MEDICAL CARE COORDINATION AND REEMPLOYMENT
 5  SERVICES.--
 6         (a)  Once the carrier has assigned a case to a
 7  qualified rehabilitation provider for medical care
 8  coordination or reemployment services, the provider shall
 9  develop a reemployment plan and submit the plan to the carrier
10  and the employee for approval.
11         (b)  If the rehabilitation provider concludes that
12  training and education are necessary to return the employee to
13  suitable gainful employment, or if the employee has not
14  returned to suitable gainful employment within 180 days after
15  referral for reemployment services or receives $2,500 in
16  reemployment services, whichever comes first, the carrier must
17  discontinue reemployment services and refer the employee to
18  the Department of Education division for a vocational
19  evaluation. Notwithstanding any provision of chapter 289 or
20  chapter 627, the cost of a reemployment assessment and the
21  first $2,500 in reemployment services to an injured employee
22  must not be treated as loss adjustment expense for workers'
23  compensation ratemaking purposes.
24         (c)  A carrier may voluntarily provide medical care
25  coordination or reemployment services to the employee at
26  intervals more frequent than those required in this section.
27  For the purpose of monitoring reemployment, the carrier or the
28  rehabilitation provider shall report to the Department of
29  Education division, in the manner prescribed by the Department
30  of Education division, the date of reemployment and wages of
31  the employee. The carrier shall report its voluntary service
                                 163
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  activity to the Department of Education division as required
 2  by rule. Voluntary services offered by the carrier for any of
 3  the following injuries must be considered benefits for
 4  purposes of ratemaking: traumatic brain injury; spinal cord
 5  injury; amputation, including loss of an eye or eyes; burns of
 6  5 percent or greater of the total body surface.
 7         (d)  If medical care coordination or reemployment
 8  services have not been undertaken as prescribed in paragraph
 9  (3)(b), a qualified rehabilitation service provider, facility,
10  or agency that performs a reemployment assessment shall not
11  provide medical care coordination or reemployment services for
12  the employees it assesses.
13         (6)  TRAINING AND EDUCATION.--
14         (a)  Upon referral of an injured employee by the
15  carrier, or upon the request of an injured employee, the
16  Department of Education division shall conduct a training and
17  education screening to determine whether it should refer the
18  employee for a vocational evaluation and, if appropriate,
19  approve training and education or other vocational services
20  for the employee.  The Department of Education division may
21  not approve formal training and education programs unless it
22  determines, after consideration of the reemployment
23  assessment, pertinent reemployment status reviews or reports,
24  and such other relevant factors as it prescribes by rule, that
25  the reemployment plan is likely to result in return to
26  suitable gainful employment.  The Department of Education
27  division is authorized to expend moneys from the Workers'
28  Compensation Administration Trust Fund, established by s.
29  440.50, to secure appropriate training and education or other
30  vocational services when necessary to satisfy the
31  recommendation of a vocational evaluator.  The Department of
                                 164
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Education division shall establish training and education
 2  standards pertaining to employee eligibility, course curricula
 3  and duration, and associated costs.
 4         (b)  When it appears that an employee who has attained
 5  maximum medical improvement requires training and education to
 6  obtain suitable gainful employment, the employer shall pay the
 7  employee additional temporary total compensation while the
 8  employee receives such training and education for a period not
 9  to exceed 26 weeks, which period may be extended for an
10  additional 26 weeks or less, if such extended period is
11  determined to be necessary and proper by a judge of
12  compensation claims. However, a carrier or employer is not
13  precluded from voluntarily paying additional temporary total
14  disability compensation beyond that period. If an employee
15  requires temporary residence at or near a facility or an
16  institution providing training and education which is located
17  more than 50 miles away from the employee's customary
18  residence, the reasonable cost of board, lodging, or travel
19  must be borne by the Department of Insurance division from the
20  Workers' Compensation Administration Trust Fund established by
21  s. 440.50. An employee who refuses to accept training and
22  education that is recommended by the vocational evaluator and
23  considered necessary by the Department of Education division
24  is subject to a 50-percent reduction in weekly compensation
25  benefits, including wage-loss benefits, as determined under s.
26  440.15(3)(b).
27         (7)  PROVIDER QUALIFICATIONS.--
28         (a)  The Department of Education division shall
29  investigate and maintain a directory of each qualified public
30  and private rehabilitation provider, facility, and agency, and
31  shall establish by rule the minimum qualifications,
                                 165
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  credentials, and requirements that each rehabilitation service
 2  provider, facility, and agency must satisfy to be eligible for
 3  listing in the directory. These minimum qualifications and
 4  credentials must be based on those generally accepted within
 5  the service specialty for which the provider, facility, or
 6  agency is approved.
 7         (b)  The Department of Education division shall impose
 8  a biennial application fee of $25 for each listing in the
 9  directory, and all such fees must be deposited in the Workers'
10  Compensation Administration Trust Fund.
11         (c)  The Department of Education division shall monitor
12  and evaluate each rehabilitation service provider, facility,
13  and agency qualified under this subsection to ensure its
14  compliance with the minimum qualifications and credentials
15  established by the Department of Education division. The
16  failure of a qualified rehabilitation service provider,
17  facility, or agency to provide the Department of Education
18  division with information requested or access necessary for
19  the Department of Education division to satisfy its
20  responsibilities under this subsection is grounds for
21  disqualifying the provider, facility, or agency from further
22  referrals.
23         (d)  A qualified rehabilitation service provider,
24  facility, or agency may not be authorized by an employer, a
25  carrier, or the Department of Education division to provide
26  any services, including expert testimony, under this section
27  in this state unless the provider, facility, or agency is
28  listed or has been approved for listing in the directory. This
29  restriction does not apply to services provided outside this
30  state under this section.
31         (e)  The Department of Education division, after
                                 166
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  consultation with representatives of employees, employers,
 2  carriers, rehabilitation providers, and qualified training and
 3  education providers, shall adopt rules governing professional
 4  practices and standards.
 5         (8)  CARRIER PRACTICES.--The department division shall
 6  monitor the selection of providers and the provision of
 7  services by carriers under this section for consistency with
 8  legislative intent set forth in subsection (2).
 9         (9)  PERMANENT DISABILITY.--The judge of compensation
10  claims may not adjudicate an injured employee as permanently
11  and totally disabled until or unless the carrier is given the
12  opportunity to provide a reemployment assessment.
13         Section 48.  Section 440.50, Florida Statutes, is
14  amended to read:
15         440.50  Workers' Compensation Administration Trust
16  Fund.--
17         (1)(a)  There is established in the State Treasury a
18  special fund to be known as the "Workers' Compensation
19  Administration Trust Fund" for the purpose of providing for
20  the payment of all expenses in respect to the administration
21  of this chapter, including the vocational rehabilitation of
22  injured employees as provided in s. 440.49 and the payments
23  due under s. 440.15(1)(f), the funding of the fixed
24  administrative expenses of the plan, and the funding of the
25  Bureau of Workers' Compensation Fraud within the Department of
26  Insurance.  Such fund shall be administered by the department
27  division.
28         (b)  The department division is authorized to transfer
29  as a loan an amount not in excess of $250,000 from such
30  special fund to the Special Disability Trust Fund established
31  by s. 440.49(9), which amount shall be repaid to said special
                                 167
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  fund in annual payments equal to not less than 10 percent of
 2  moneys received for such Special Disability Trust Fund.
 3         (2)  The Treasurer is authorized to disburse moneys
 4  from such fund only when approved by the department division
 5  and upon the order of the Comptroller.
 6         (3)  The Treasurer shall deposit any moneys paid into
 7  such fund into such depository banks as the department
 8  division may designate and is authorized to invest any portion
 9  of the fund which, in the opinion of the department division,
10  is not needed for current requirements, in the same manner and
11  subject to all the provisions of the law with respect to the
12  deposit of state funds by such Treasurer.  All interest earned
13  by such portion of the fund as may be invested by the
14  Treasurer shall be collected by him or her and placed to the
15  credit of such fund.
16         (4)  All civil penalties provided in this chapter, if
17  not voluntarily paid, may be collected by civil suit brought
18  by the department division and shall be paid into such fund.
19         Section 49.  Section 440.51, Florida Statutes, is
20  amended to read:
21         440.51  Expenses of administration.--
22         (1)  The department division shall estimate annually in
23  advance the amounts necessary for the administration of this
24  chapter, in the following manner.
25         (a)  The department division shall, by July 1 of each
26  year, notify carriers and self-insurers of the assessment
27  rate, which shall be based on the anticipated expenses of the
28  administration of this chapter for the next calendar year.
29  Such assessment rate shall take effect January 1 of the next
30  calendar year and shall be included in workers' compensation
31  rate filings approved by the Department of Insurance which
                                 168
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  become effective on or after January 1 of the next calendar
 2  year. Assessments shall become due and be paid quarterly.
 3         (b)  The total expenses of administration shall be
 4  prorated among the carriers writing compensation insurance in
 5  the state and self-insurers.  The net premiums collected by
 6  carriers and the amount of premiums calculated by the
 7  department division for self-insured employers are the basis
 8  for computing the amount to be assessed. When reporting
 9  deductible policy premium for purposes of computing
10  assessments levied after July 1, 2001, full policy premium
11  value must be reported prior to application of deductible
12  discounts or credits. This amount may be assessed as a
13  specific amount or as a percentage of net premiums payable as
14  the department division may direct, provided such amount so
15  assessed shall not exceed 2.75 percent, beginning January 1,
16  2001, except during the interim period from July 1, 2000,
17  through December 31, 2000, such assessments shall not exceed 4
18  percent of such net premiums.  The carriers may elect to make
19  the payments required under s. 440.15(1)(f) rather than having
20  these payments made by the department division.  In that
21  event, such payments will be credited to the carriers, and the
22  amount due by the carrier under this section will be reduced
23  accordingly.
24         (2)  The department division shall provide by
25  regulation for the collection of the amounts assessed against
26  each carrier.  Such amounts shall be paid within 30 days from
27  the date that notice is served upon such carrier.  If such
28  amounts are not paid within such period, there may be assessed
29  for each 30 days the amount so assessed remains unpaid, a
30  civil penalty equal to 10 percent of the amount so unpaid,
31  which shall be collected at the same time and a part of the
                                 169
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  amount assessed. For those carriers who excluded ceded
 2  reinsurance premiums from their assessments prior to January
 3  1, 2000, the department division shall not recover any past
 4  underpayments of assessments related to ceded reinsurance
 5  premiums prior to January 1, 2001, against such carriers.
 6         (3)  If any carrier fails to pay the amounts assessed
 7  against him or her under the provisions of this section within
 8  60 days from the time such notice is served upon him or her,
 9  the Department of Insurance upon being advised by the division
10  may suspend or revoke the authorization to insure compensation
11  in accordance with the procedure in s. 440.38(3)(a). The
12  department division may permit a carrier to remit any
13  underpayment of assessments for assessments levied after
14  January 1, 2001.
15         (4)  All amounts collected under the provisions of this
16  section shall be paid into the fund established in s. 440.50.
17         (5)  Any amount so assessed against and paid by an
18  insurance carrier, self-insurer authorized pursuant to s.
19  624.4621, or commercial self-insurance fund authorized under
20  ss. 624.460-624.488 shall be allowed as a deduction against
21  the amount of any other tax levied by the state upon the
22  premiums, assessments, or deposits for workers' compensation
23  insurance on contracts or policies of said insurance carrier,
24  self-insurer, or commercial self-insurance fund. Any insurance
25  carrier claiming such a deduction against the amount of any
26  such tax shall not be required to pay any additional
27  retaliatory tax levied pursuant to s. 624.5091 as a result of
28  claiming such deduction. Because deductions under this
29  subsection are available to insurance carriers, s. 624.5091
30  does not limit such deductions in any manner.
31         (6)(a)  The department division may require from each
                                 170
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  carrier, at such time and in accordance with such regulations
 2  as the department division may prescribe, reports in respect
 3  to all gross earned premiums and of all payments of
 4  compensation made by such carrier during each prior period,
 5  and may determine the amounts paid by each carrier and the
 6  amounts paid by all carriers during such period.
 7         (b)  The Department of Insurance may require from each
 8  self-insurer, at such time and in accordance with such
 9  regulations as the Department of Insurance prescribes, reports
10  in respect to wages paid, the amount of premiums such
11  self-insurer would have to pay if insured, and all payments of
12  compensation made by such self-insurer during each prior
13  period, and may determine the amounts paid by each
14  self-insurer and the amounts paid by all self-insurers during
15  such period. For the purposes of this section, the payroll
16  records of each self-insurer shall be open to annual
17  inspection and audit by the Department of Insurance or its
18  authorized representative, during regular business hours; and
19  if any audit of such records of a self-insurer discloses a
20  deficiency in the amounts reported to the Department of
21  Insurance or in the amounts paid to the Department of
22  Insurance by a self-insurer pursuant to this section, the
23  Department of Insurance may assess the cost of such audit
24  against the self-insurer.
25         (7)  The department division shall keep accumulated
26  cost records of all injuries occurring within the state coming
27  within the purview of this chapter on a policy and
28  calendar-year basis.  For the purpose of this chapter, a
29  "calendar year" is defined as the year in which the injury is
30  reported to the department division; "policy year" is defined
31  as that calendar year in which the policy becomes effective,
                                 171
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  and the losses under such policy shall be chargeable against
 2  the policy year so defined.
 3         (8)  The department division shall assign an account
 4  number to each employer under this chapter and an account
 5  number to each insurance carrier authorized to write workers'
 6  compensation insurance in the state; and it shall be the duty
 7  of the department division under the account number so
 8  assigned to keep the cost experience of each carrier and the
 9  cost experience of each employer under the account number so
10  assigned by calendar and policy year, as above defined.
11         (9)  In addition to the above, it shall be the duty of
12  the department division to keep the accident experience, as
13  classified by the department division, by industry as follows:
14         (a)  Cause of the injury;
15         (b)  Nature of the injury; and
16         (c)  Type of disability.
17         (10)  In every case where the duration of disability
18  exceeds 30 days, the carrier shall establish a sufficient
19  reserve to pay all benefits to which the injured employee, or
20  in case of death, his or her dependents, may be entitled to
21  under the law.  In establishing the reserve, consideration
22  shall be given to the nature of the injury, the probable
23  period of disability, and the estimated cost of medical
24  benefits.
25         (11)  The department division shall furnish to any
26  employer or carrier, upon request, its individual experience.
27  The division shall furnish to the Department of Insurance,
28  upon request, the Florida experience as developed under
29  accident year or calendar year.
30         (12)  In addition to any other penalties provided by
31  this law, the failure to submit any report or other
                                 172
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  information required by this law shall be just cause to
 2  suspend the right of a self-insurer to operate as such, or,
 3  upon certification by the division to the Department of
 4  Insurance that a carrier has failed or refused to furnish such
 5  reports, shall be just cause for the Department of Insurance
 6  to suspend or revoke the license of such carrier.
 7         (13)  As used in s. 440.50 and this section, the term:
 8         (a)  "Plan" means the workers' compensation joint
 9  underwriting plan provided for in s. 627.311(4).
10         (b)  "Fixed administrative expenses" means the expenses
11  of the plan, not to exceed $750,000, which are directly
12  related to the plan's administration but which do not vary in
13  direct relationship to the amount of premium written by the
14  plan and which do not include loss adjustment premiums.
15         (14)  Before July 1 in each year, the plan shall notify
16  the department division of the amount of the plan's gross
17  written premiums for the preceding calendar year. Whenever the
18  plan's gross written premiums reported to the department
19  division are less than $30 million, the department division
20  shall transfer to the plan, subject to appropriation by the
21  Legislature, an amount not to exceed the plan's fixed
22  administrative expenses for the preceding calendar year.
23         Section 50.  Section 440.52, Florida Statutes, is
24  amended to read:
25         440.52  Registration of insurance carriers; notice of
26  cancellation or expiration of policy; suspension or revocation
27  of authority.--
28         (1)  Each insurance carrier who desires to write such
29  compensation insurance in compliance with this chapter shall
30  be required, before writing such insurance, to register with
31  the division and pay a registration fee of $100. This shall be
                                 173
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  deposited by the division in the fund created by s. 440.50.
 2         (1)(2)  A carrier or self-insurance fund that receives
 3  notice pursuant to s. 440.05 shall notify the contractor of
 4  the cancellation or expiration of the insurance.
 5         (2)(3)  If the department division finds, after due
 6  notice and a hearing at which the insurance carrier is
 7  entitled to be heard in person or by counsel and present
 8  evidence, that the insurance carrier has repeatedly failed to
 9  comply with its obligations under this chapter, the department
10  division may request the Department of Insurance to suspend or
11  revoke the authorization of such insurance carrier to write
12  workers' compensation insurance under this chapter.  Such
13  suspension or revocation shall not affect the liability of any
14  such insurance carrier under policies in force prior to the
15  suspension or revocation.
16         (3)(4)  In addition to the penalties prescribed in
17  subsection (3), violation of s. 440.381 by an insurance
18  carrier shall result in the imposition of a fine not to exceed
19  $1,000 per audit, if the insurance carrier fails to act on
20  said audits by correcting errors in employee classification or
21  accepted applications for coverage where it knew employee
22  classifications were incorrect.  Such fines shall be levied by
23  the Department of Insurance and deposited into the Insurance
24  Commissioner's Regulatory Trust Fund.
25         Section 51.  Section 440.525, Florida Statutes, is
26  amended to read:
27         440.525  Examination of carriers.--Beginning July 1,
28  1994, The Division of Workers' Compensation of the department
29  of Labor and Employment Security may examine each carrier as
30  often as is warranted to ensure that carriers are fulfilling
31  their obligations under the law, and shall examine each
                                 174
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  carrier not less frequently than once every 3 years. The
 2  examination must cover the preceding 3 fiscal years of the
 3  carrier's operations and must commence within 12 months after
 4  the end of the most recent fiscal year being covered by the
 5  examination. The examination may cover any period of the
 6  carrier's operations since the last previous examination.
 7         Section 52.  Section 440.572, Florida Statutes, is
 8  amended to read:
 9         440.572  Authorization for individual self-insurer to
10  provide coverage.--An individual self-insurer having a net
11  worth of not less than $250 million as authorized by s.
12  440.38(1)(f) may assume by contract the liabilities under this
13  chapter of contractors and subcontractors, or each of them,
14  employed by or on behalf of such individual self-insurer when
15  performing work on or adjacent to property owned or used by
16  the individual self-insurer by the department division. The
17  net worth of the individual self-insurer shall include the
18  assets of the self-insurer's parent company and its
19  subsidiaries, sister companies, affiliated companies, and
20  other related entities, located within the geographic
21  boundaries of the state.
22         Section 53.  Section 440.59, Florida Statutes, is
23  amended to read:
24         440.59  Reporting requirements.--
25         (1)  The department of Labor and Employment Security
26  shall annually prepare a report of the administration of this
27  chapter for the preceding calendar year, including a detailed
28  statement of the receipts of and expenditures from the fund
29  established in s. 440.50 and a statement of the causes of the
30  accidents leading to the injuries for which the awards were
31  made, together with such recommendations as the department
                                 175
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  considers advisable. On or before September 15 of each year,
 2  the department shall submit a copy of the report to the
 3  Governor, the President of the Senate, the Speaker of the
 4  House of Representatives, the Democratic and Republican
 5  Leaders of the Senate and the House of Representatives, and
 6  the chairs of the legislative committees having jurisdiction
 7  over workers' compensation.
 8         (2)  The Division of Workers' Compensation of the
 9  department of Labor and Employment Security shall periodically
10  complete on a quarterly basis an analysis of the previous
11  quarter's injuries which resulted in workers' compensation
12  claims as deemed necessary by the department. The analysis
13  shall include the information, data, and statistics deemed
14  relevant by the department be broken down by risk
15  classification, shall show for each such risk classification
16  the frequency and severity for the various types of injury,
17  and shall include an analysis of the causes of such injuries.
18  The department division shall make available distribute to
19  each employer and self-insurer in the state covered by the
20  Workers' Compensation Law the data relevant to its workforce.
21  The report shall also be distributed to the insurers
22  authorized to write workers' compensation insurance in the
23  state.
24         (3)  The department division shall annually prepare a
25  closed claim report for all claims for which the employee lost
26  more than 7 days from work and shall submit a copy of the
27  report to the Governor, the President of the Senate, the
28  Speaker of the House of Representatives, the Democratic and
29  Republican Leaders of the Senate and the House of
30  Representatives, and the chairs of the legislative committees
31  having jurisdiction over workers' compensation on or before
                                 176
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  September 15 of each year. The closed claim report shall
 2  include information, data, and statistics deemed relevant by
 3  the department, but not be limited to, an analysis of all
 4  claims closed during the preceding year as to the date of
 5  accident, age of the injured employee, occupation of the
 6  injured employee, type of injury, body part affected, type and
 7  duration of indemnity benefits paid, permanent impairment
 8  rating, medical benefits identified by type of health care
 9  provider, and type and cost of any rehabilitation benefits
10  provided.
11         (4)  The department division shall prepare an annual
12  report for all claims for which the employee lost more than 7
13  days from work and shall submit a copy of the report to the
14  Governor, the President of the Senate, the Speaker of the
15  House of Representatives, the Democratic and Republican
16  Leaders of the Senate and the House of Representatives, and
17  the chairs of the legislative committees having jurisdiction
18  over workers' compensation, on or before September 15 of each
19  year. The annual report shall include information, data, and
20  statistics deemed relevant by the department a status report
21  on all cases involving work-related injuries in the previous
22  10 years. The annual report shall include, but not be limited
23  to, the number of open and closed cases, the number of cases
24  receiving various types of benefits, the cash and medical
25  benefits paid between the date of injury and the evaluation
26  date, the number of litigated cases, and the amount of
27  attorney's fees paid in each case.
28         (5)  The Chief Judge must prepare an annual report
29  summarizing the disposition of mediation conferences and must
30  submit the report to the Governor, the President of the
31  Senate, the Speaker of the House of Representatives, the
                                 177
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Democratic and Republican Leaders of the Senate and the House
 2  of Representatives, and the chairs of the legislative
 3  committees having jurisdiction over workers' compensation, on
 4  or before September 15 of each year.
 5         Section 54.  Section 440.591, Florida Statutes, is
 6  amended to read:
 7         440.591  Administrative procedure; rulemaking
 8  authority.--The department, the agency, and the Department of
 9  Education have division has authority to adopt rules pursuant
10  to ss. 120.536(1) and 120.54 to implement the provisions of
11  this chapter conferring duties upon it.
12         Section 55.  Section 440.593, Florida Statutes, is
13  amended to read:
14         440.593  Electronic reporting.--The department division
15  may establish by rule an electronic reporting system whereby
16  an employer or carrier is required to submit information
17  electronically rather than by filing otherwise required forms
18  or reports. The department division may by rule establish
19  different deadlines for reporting information to the
20  department division via the electronic reporting system than
21  are otherwise required.
22         Section 56.  Subsections (1), (4), and (5) of section
23  443.012, Florida Statutes, are amended to read:
24         443.012  Unemployment Appeals Commission.--
25         (1)  There is created within the Agency for Workforce
26  Innovation Department of Labor and Employment Security an
27  Unemployment Appeals Commission, hereinafter referred to as
28  the "commission."  The commission shall consist of a chair and
29  two other members to be appointed by the Governor, subject to
30  confirmation by the Senate.  Not more than one appointee must
31  be a person who, on account of previous vocation, employment,
                                 178
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  or affiliation, is classified as a representative of
 2  employers; and not more than one such appointee must be a
 3  person who, on account of previous vocation, employment, or
 4  affiliation, is classified as a representative of employees.
 5         (a)  The chair shall devote his or her entire time to
 6  commission duties and shall be responsible for the
 7  administrative functions of the commission.
 8         (b)  The chair shall have the authority to appoint a
 9  general counsel and such other personnel as may be necessary
10  to carry out the duties and responsibilities of the
11  commission.
12         (c)  The chair shall have the qualifications required
13  by law for a judge of the circuit court and shall not engage
14  in any other business vocation or employment. Notwithstanding
15  any other provisions of existing law, the chair shall be paid
16  a salary equal to that paid under state law to a judge of the
17  circuit court.
18         (d)  The remaining members shall be paid a stipend of
19  $100 for each day they are engaged in the work of the
20  commission.  The chair and other members shall also be
21  reimbursed for travel expenses, as provided in s. 112.061.
22         (e)  The total salary and travel expenses of each
23  member of the commission shall be paid from the Employment
24  Security Administration Trust Fund.
25         (4)  The property, personnel, and appropriations
26  relating to the specified authority, powers, duties, and
27  responsibilities of the commission shall be provided to the
28  commission by the Agency for Workforce Innovation Department
29  of Labor and Employment Security.
30         (5)  The commission shall not be subject to control,
31  supervision, or direction by the Agency for Workforce
                                 179
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  Innovation Department of Labor and Employment Security in the
 2  performance of its powers and duties under this chapter.
 3         Section 57.  Subsection (12) of section 443.036,
 4  Florida Statutes, is amended to read:
 5         443.036  Definitions.--As used in this chapter, unless
 6  the context clearly requires otherwise:
 7         (12)  COMMISSION.--"Commission" means the Unemployment
 8  Appeals Commission of the Department of Labor and Employment
 9  Security.
10         Section 58.  Subsection (3) of section 447.02, Florida
11  Statutes, is amended to read:
12         447.02  Definitions.--The following terms, when used in
13  this chapter, shall have the meanings ascribed to them in this
14  section:
15         (3)  The term "department" means the Department of
16  Business and Professional Regulation Labor and Employment
17  Security.
18         Section 59.  Subsections (1), (3), and (4) of section
19  447.205, Florida Statutes, are amended to read:
20         447.205  Public Employees Relations Commission.--
21         (1)  There is hereby created within the Department of
22  Management Services Labor and Employment Security the Public
23  Employees Relations Commission, hereinafter referred to as the
24  "commission."  The commission shall be composed of a chair and
25  two full-time members to be appointed by the Governor, subject
26  to confirmation by the Senate, from persons representative of
27  the public and known for their objective and independent
28  judgment, who shall not be employed by, or hold any commission
29  with, any governmental unit in the state or any employee
30  organization, as defined in this part, while in such office.
31  In no event shall more than one appointee be a person who, on
                                 180
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  account of previous vocation, employment, or affiliation, is,
 2  or has been, classified as a representative of employers; and
 3  in no event shall more than one such appointee be a person
 4  who, on account of previous vocation, employment, or
 5  affiliation, is, or has been, classified as a representative
 6  of employees or employee organizations.  The commissioners
 7  shall devote full time to commission duties and shall not
 8  engage in any other business, vocation, or employment while in
 9  such office. Beginning January 1, 1980, the chair shall be
10  appointed for a term of 4 years, one commissioner for a term
11  of 1 year, and one commissioner for a term of 2 years.
12  Thereafter, Every term of office shall be for 4 years; and
13  each term of the office of chair shall commence on January 1
14  of the second year following each regularly scheduled general
15  election at which a Governor is elected to a full term of
16  office.  In the event of a vacancy prior to the expiration of
17  a term of office, an appointment shall be made for the
18  unexpired term of that office. The chair shall be responsible
19  for the administrative functions of the commission and shall
20  have the authority to employ such personnel as may be
21  necessary to carry out the provisions of this part.  Once
22  appointed to the office of chair, the chair shall serve as
23  chair for the duration of the term of office of chair.
24  Nothing contained herein prohibits a chair or commissioner
25  from serving multiple terms.
26         (3)  The commission, in the performance of its powers
27  and duties under this part, shall not be subject to control,
28  supervision, or direction by the Department of Management
29  Services Labor and Employment Security.
30         (4)  The property, personnel, and appropriations
31  related to the commission's specified authority, powers,
                                 181
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  duties, and responsibilities shall be provided to the
 2  commission by the Department of Management Services Labor and
 3  Employment Security.
 4         Section 60.  Subsection (4) of section 447.305, Florida
 5  Statutes, is amended to read:
 6         447.305  Registration of employee organization.--
 7         (4)  Notification of registrations and renewals of
 8  registration shall be furnished at regular intervals by the
 9  commission to the Department of Business and Professional
10  Regulation Labor and Employment Security.
11         Section 61.  Subsection (4) of section 450.012, Florida
12  Statutes, is amended to read:
13         450.012  Definitions.--For the purpose of this chapter,
14  the word, phrase, or term:
15         (4)  "Department" means the Department of Business and
16  Professional Regulation Labor and Employment Security.
17         Section 62.  Subsection (2) of section 450.28, Florida
18  Statutes, is amended to read:
19         450.28  Definitions.--
20         (2)  "Department" means the Department of Business and
21  Professional Regulation Labor and Employment Security.
22         Section 63.  Subsection (1) of section 450.191, Florida
23  Statutes, is amended to read:
24         450.191  Executive Office of the Governor; powers and
25  duties.--
26         (1)  The Executive Office of the Governor is authorized
27  and directed to:
28         (a)  Advise and consult with employers of migrant
29  workers as to the ways and means of improving living
30  conditions of seasonal workers;
31         (b)  Cooperate with the Department of Health in
                                 182
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  establishing minimum standards of preventive and curative
 2  health and of housing and sanitation in migrant labor camps
 3  and in making surveys to determine the adequacy of preventive
 4  and curative health services available to occupants of migrant
 5  labor camps;
 6         (c)  Provide coordination for the enforcement of ss.
 7  381.008-381.0088;
 8         (d)  Cooperate with the other departments of government
 9  in coordinating all applicable labor laws, including, but not
10  limited to, those relating to private employment agencies,
11  child labor, wage payments, wage claims, and crew leaders;
12         (e)  Cooperate with the Department of Education to
13  provide educational facilities for the children of migrant
14  laborers;
15         (f)  Cooperate with the Department of Highway Safety
16  and Motor Vehicles to establish minimum standards for the
17  transporting of migrant laborers;
18         (g)  Cooperate with the Department of Agriculture and
19  Consumer Services to conduct an education program for
20  employers of migrant laborers pertaining to the standards,
21  methods, and objectives of the office;
22         (h)  Cooperate with the Department of Children and
23  Family Services in coordinating all public assistance programs
24  as they may apply to migrant laborers;
25         (i)  Coordinate all federal, state, and local programs
26  pertaining to migrant laborers; and
27         (j)  Cooperate with the farm labor office of the
28  Department of Business and Professional Regulation Labor and
29  Employment Security in the recruitment and referral of migrant
30  laborers and other persons for the planting, cultivation, and
31  harvesting of agricultural crops in Florida.
                                 183
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         Section 64.  Subsection (3) of section 468.529, Florida
 2  Statutes, is amended to read:
 3         468.529  Licensee's insurance; employment tax; benefit
 4  plans.--
 5         (3)  A licensed employee leasing company shall within
 6  30 days of initiation or termination notify its workers'
 7  compensation insurance carrier, the Department of Insurance
 8  Division of Workers' Compensation, and the Division of
 9  Unemployment Compensation of the Department of Revenue Labor
10  and Employment Security of both the initiation or the
11  termination of the company's relationship with any client
12  company.
13         Section 65.  Subsections (1) and (5) of section
14  624.3161, Florida Statutes, are amended to read:
15         624.3161  Market conduct examinations.--
16         (1)  As often as it deems necessary, the department
17  shall examine each licensed rating organization, each advisory
18  organization, each group, association carrier as defined in s.
19  440.02,, or other organization of insurers which engages in
20  joint underwriting or joint reinsurance, and each authorized
21  insurer transacting in this state any class of insurance to
22  which the provisions of chapter 627 are applicable.  The
23  examination shall be for the purpose of ascertaining
24  compliance by the person examined with the applicable
25  provisions of chapters 440, 624, 626, 627, and 635.
26         (5)  Such examinations shall also be subject to the
27  applicable provisions of ss. 624.318, 624.319, 624.321, and
28  624.322 and chapter 440.
29         Section 66.  Paragraph (m) of subsection (1) of section
30  626.88, Florida Statutes, is amended to read:
31         626.88  Definitions of "administrator" and "insurer".--
                                 184
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (1)  For the purposes of this part, an "administrator"
 2  is any person who directly or indirectly solicits or effects
 3  coverage of, collects charges or premiums from, or adjusts or
 4  settles claims on residents of this state in connection with
 5  authorized commercial self-insurance funds or with insured or
 6  self-insured programs which provide life or health insurance
 7  coverage or coverage of any other expenses described in s.
 8  624.33(1), other than any of the following persons:
 9         (m)  A person approved by the Department of Insurance
10  Division of Workers' Compensation of the Department of Labor
11  and Employment Security who administers only self-insured
12  workers' compensation plans.
13         Section 67.  Subsection (9) of section 626.989, Florida
14  Statutes, is amended to read:
15         626.989  Investigation by department or Division of
16  Insurance Fraud; compliance; immunity; confidential
17  information; reports to division; division investigator's
18  power of arrest.--
19         (9)  In recognition of the complementary roles of
20  investigating instances of workers' compensation fraud and
21  enforcing compliance with the workers' compensation coverage
22  requirements under chapter 440, the Division of Insurance
23  Fraud of the Department of Insurance is and the Division of
24  Workers' Compensation of the Department of Labor and
25  Employment Security are directed to prepare and submit a joint
26  performance report to the President of the Senate and the
27  Speaker of the House of Representatives by November 1 of each
28  year for each of the next 2 years, and then every 3 years
29  thereafter, describing the results obtained in achieving
30  compliance with the workers' compensation coverage
31  requirements and reducing the incidence of workers'
                                 185
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1  compensation fraud.
 2         Section 68.  Section 627.0915, Florida Statutes, is
 3  amended to read:
 4         627.0915  Rate filings; workers' compensation,
 5  drug-free workplace, and safe employers.--The Department of
 6  Insurance shall approve rating plans for workers' compensation
 7  insurance that give specific identifiable consideration in the
 8  setting of rates to employers that either implement a
 9  drug-free workplace program pursuant to rules adopted by the
10  department Division of Workers' Compensation of the Department
11  of Labor and Employment Security or implement a safety program
12  approved by the Division of Safety pursuant to rules adopted
13  by the Division of Safety of the Department of Labor and
14  Employment Security or implement both a drug-free workplace
15  program and a safety program. The Division of Safety may by
16  rule require that the client of a help supply services company
17  comply with the essential requirements of a workplace safety
18  program as a condition for receiving a premium credit. The
19  plans must take effect January 1, 1994, must be actuarially
20  sound, and must state the savings anticipated to result from
21  such drug-testing program and safety programs.
22         Section 69.  Subsection (5) of section 627.914, Florida
23  Statutes, is amended to read:
24         627.914  Reports of information by workers'
25  compensation insurers required.--
26         (5)  Self-insurers authorized to transact workers'
27  compensation insurance as provided in s. 440.02 shall report
28  only Florida data as prescribed in paragraphs (a)-(e) of
29  subsection (4) to the department Division of Workers'
30  Compensation of the Department of Labor and Employment
31  Security.
                                 186
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         (a)  The department Division of Workers' Compensation
 2  shall publish the dates and forms necessary to enable
 3  self-insurers to comply with this section.
 4         (b)  The Division of Workers' Compensation shall report
 5  the information collected under this section to the Department
 6  of Insurance in a manner prescribed by the department.
 7         (b)(c)  A statistical or rating organization may be
 8  used by self-insurers for the purposes of reporting the data
 9  required by this section and calculating experience ratings.
10         Section 70.  If any provision of this act or its
11  application to any person or circumstance is held invalid, the
12  invalidity does not affect other provisions or applications of
13  the act which can be given effect without the invalid
14  provision or application, and to this end the provisions of
15  this act are severable.
16         Section 71.  To the extent that any conflict exists
17  between this act and the provisions of SB 1926, or similar
18  legislation, which transfers the Office of Judges of
19  Compensation Claims to the Division of Administration
20  Hearings, the provisions of SB 1926 or the similar legislation
21  shall control.
22         Section 72.  Unless otherwise expressly provided for in
23  this act, this act shall take effect October 1, 2001.
24  
25  
26  ================ T I T L E   A M E N D M E N T ===============
27  And the title is amended as follows:
28         On page 1, line 1, through 5, line 29,
29  remove the entire title of the bill:  
30  
31  and insert in lieu thereof:
                                 187
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1                  A bill to be entitled
 2         An act relating to The Department of Labor and
 3         Employment Security; transferring the Division
 4         of Workers' Compensation from the Department of
 5         Labor and Employment Security to the Department
 6         of Insurance; providing exceptions;
 7         transferring various functions, powers, duties,
 8         personnel, and assets relating to workers'
 9         compensation to the Department of Education,
10         the Agency for Health Care Administration, and
11         the Department of Insurance; amending s. 20.13,
12         F.S.; providing for certain employees of the
13         Division to be given hiring priority by the
14         Department of Insurance; providing pay and
15         employment guidelines for such employees;
16         creating the Division of Workers' Compensation
17         in the Department of Insurance; repealing s.
18         20.171, F.S., which creates the Department of
19         Labor and Employment Security; amending s.
20         440.015, F.S.; designating state agencies to
21         administer the workers' compensation law;
22         amending s. 440.02, F.S.; providing
23         definitions; amending ss. 110.025, 440.05,
24         440.09, 440.10, 440.021, 440.102, 440.103,
25         440.105, 440.106, 440.107, 440.108, 440.125,
26         440.13, 440.134, 440.14, 440.15, 440.17,
27         440.185, 440.191, 440.192, 440.1925, 440.20,
28         440.207, 440.211, 440.24, 440.25, 440.271,
29         440.345, 440.35, 440.38, 440.381, 440.385,
30         440.386, 440.40, 440.41, 440.42, 440.44,
31         440.49, 440.491, 440.50, 440.51, 440.52,
                                 188
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         440.525, 440.572, 440.59, 440.591, 440.593,
 2         443.012, 443.036, 447.02, 447.205, 447.305,
 3         450.12, 450.197, 450.28, 468.529, 626.88,
 4         626.989, 627.0915, 627.914, F.S., to conform to
 5         the transfers made by this act; providing for
 6         the continuation of contracts and agreements;
 7         amending s. 440.4416, F.S.; revising the
 8         composition of the Workers' Compensation
 9         Oversight Board; providing for substitution of
10         a successor agency as a party in judicial and
11         administrative proceedings; providing
12         severability; amending s. 624.3161, F.S.;
13         providing for market conduct examinations with
14         respect to workers' compensation; providing
15         legislative intent; providing for a type two
16         transfer of the administration of child labor
17         laws to the Department of Business and
18         Professional Regulation; providing for a type
19         two transfer of certain functions of the Office
20         of the Secretary and the Office of
21         Administrative Services of the Department of
22         Labor and Employment Security relating to labor
23         organizations and migrant and farm labor
24         registration to the Department of Business and
25         Professional Regulation; providing for a type
26         two transfer of other workplace regulation
27         functions to the Department of Business and
28         Professional Regulation; providing
29         appropriations; amending s. 447.02, F.S.;
30         conforming the definition of "department" to
31         the transfer of the regulation of labor
                                 189
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1655
    Amendment No. ___ (for drafter's use only)
 1         organizations to the Department of Business and
 2         Professional Regulation; amending s. 450.012,
 3         F.S.; conforming the definition of "department"
 4         to the transfer of the regulation of child
 5         labor to the Department of Business and
 6         Professional Regulation; amending s. 450.191,
 7         F.S., relating to the duties of the Executive
 8         Office of the Governor with respect to migrant
 9         labor; conforming provisions to changes made by
10         the act; amending s. 450.28, F.S.; conforming
11         the definition of "department" to the transfer
12         of the regulation of farm labor to the
13         Department of Business and Professional
14         Regulation; providing effective dates.
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                 190
    File original & 9 copies    04/20/01                          
    hsa0005                     03:43 pm         01655-sgc -325659