House Bill hb1803e1

CODING: Words stricken are deletions; words underlined are additions.




                                   CS/HB 1803, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 61.14, F.S.; requiring a judge of

  4         compensation claims to consider the interests

  5         of the worker and the worker's family when

  6         approving settlements of workers' compensation

  7         claims; requiring appropriate recovery of any

  8         child support arrearage from such settlements;

  9         amending s. 61.30, F.S.; providing that gross

10         income includes all workers' compensation

11         benefits and settlements; amending s. 112.3145,

12         F.S.; redefining the term "specified state

13         employee" to include the Deputy Chief Judge of

14         Compensation Claims; amending s. 120.65, F.S.;

15         establishing requirements for the Deputy Chief

16         Judge; amending s. 121.055, F.S.; including the

17         Deputy Chief Judge in the Senior Management

18         Service Class of the Florida Retirement System;

19         conforming provisions to the transfer of the

20         judges of compensation claims from the

21         Department of Labor and Employment Security to

22         the Division of Administrative Hearings;

23         amending s. 381.004, F.S.; conforming

24         provisions to the transfer of the judges of

25         compensation claims to the Division of

26         Administrative Hearings; amending s. 440.02,

27         F.S.; revising a monetary limit in a

28         definition; excluding certain sports officials

29         from the definition of "employee"; excluding

30         certain work done by state prisoners and county

31         inmates from the definition of "employment";


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         amending s. 440.09, F.S.; excluding employees

  2         covered under the Defense Base Act from payment

  3         of benefits; amending s. 440.105, F.S.;

  4         reclassifying the Chief Judge of Compensation

  5         Claims as the Deputy Chief Judge of

  6         Compensation Claims; amending s. 440.12, F.S.;

  7         providing for direct deposit of compensation

  8         payments; amending s. 440.13, F.S.; revising

  9         requirements for submission of certain medical

10         reports and bills; granting rehabilitation

11         providers access to medical records; revising

12         provider eligibility requirements; amending s.

13         440.134, F.S.; requiring certain insurers to

14         provide medically necessary remedial treatment,

15         care, and attendance under certain

16         circumstances; amending s. 440.14, F.S.;

17         requiring an employee to provide certain

18         information concerning concurrent employment;

19         amending s. 440.185, F.S.; authorizing the

20         division to contract with a private entity for

21         collection of certain policy information;

22         providing application; amending s. 440.192,

23         F.S.; revising requirements and procedures for

24         filing petitions for benefits; permitting

25         judges to dismiss portions of a petition;

26         specifying that dismissal of petitions is

27         without prejudice; amending grounds for

28         dismissal; redesignating the notice of denial

29         as a response to petition; amending s. 440.20,

30         F.S.; providing for payment of compensation by

31         direct deposit under certain circumstances;


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         providing procedural guidelines for certain

  2         carriers for certain purposes; revising

  3         lump-sum settlement requirements; amending s.

  4         440.22, F.S.; excluding child support and

  5         alimony claims from general exemption of

  6         workers' compensation benefits from claims of

  7         creditors; amending s. 440.25, F.S.; revising

  8         mediation procedures; requiring written consent

  9         for additional continuances; authorizing the

10         director of the Division of Administrative

11         Hearings to employ mediators; requiring judges

12         of compensation claims to file a report under

13         certain circumstances; eliminating local rule

14         adoption; removing the division's participation

15         in indigency proceedings; conforming provisions

16         to the reclassification of the Chief Judge as

17         the Deputy Chief Judge; amending s. 440.271,

18         F.S.; requiring the First District Court of

19         Appeal to establish a specialized division to

20         hear workers' compensation cases; amending s.

21         440.29, F.S.; conforming provisions to the

22         reclassification of the Chief Judge as the

23         Deputy Chief Judge; amending s. 440.34, F.S.;

24         providing for attorney's fees in a response to

25         petition; amending s. 440.345, F.S.; revising

26         reporting requirements; amending s. 440.38,

27         F.S.; providing for the type of qualifying

28         security deposit necessary to become a

29         self-insured employer; providing requirements,

30         procedures, and criteria; correcting a cross

31         reference; amending s. 440.44, F.S.; revising


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         record requirements; authorizing the director

  2         of the Division of Administrative Hearings to

  3         make expenditures relating to the Office of the

  4         Judges of Compensation Claims; requiring the

  5         office to maintain certain offices and

  6         personnel; conforming provisions to the

  7         transfer of the Office of the Judges of

  8         Compensation Claims to the Division of

  9         Administrative Hearings; amending s. 440.442,

10         F.S.; deleting Code of Judicial Conduct

11         requirements; providing for a Code of Judicial

12         Conduct as adopted by the Florida Supreme

13         Court; amending s. 440.45, F.S.; eliminating

14         the Chief Judge position; creating the position

15         of Deputy Chief Judge of Compensation Claims;

16         conforming provisions to the transfer of the

17         judges of compensation claims from the

18         Department of Labor and Employment Security to

19         the Division of Administrative Hearings within

20         the Department of Management Services;

21         requiring nominees for the judges of

22         compensation claims to meet additional

23         experience requirements; authorizing the

24         director of the Division of Administrative

25         Hearings to initiate and investigate complaints

26         against the Deputy Chief Judge and judges of

27         compensation claims and make recommendations to

28         the Governor; revising reporting requirements;

29         requiring the judicial nominating commission to

30         consider whether judges of compensation claims

31         have met certain requirements; providing


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         procedures; authorizing the Governor to appoint

  2         certain judges of compensation claims; amending

  3         s. 440.47, F.S.; conforming provisions to the

  4         reclassification of the Chief Judge as the

  5         Deputy Chief Judge; providing that the director

  6         of the Division of Administrative Hearings must

  7         approve travel expenses; amending s. 440.59,

  8         F.S.; revising certain reporting requirements;

  9         deleting an injury reporting requirement;

10         deleting an annual reporting requirement of the

11         Chief Judge; amending s. 440.593, F.S.;

12         providing the division with enforcement

13         authority relating to electronic reporting;

14         authorizing the division to assess a civil

15         penalty; authorizing the division to adopt

16         rules; amending ss. 489.114 and 489.510, F.S.;

17         providing an exception to certain workers'

18         compensation coverage evidence requirements;

19         amending ss. 489.115 and 489.515, F.S.;

20         revising certification and registration

21         requirements for initial licensure; amending s.

22         627.0915, F.S.; eliminating references to the

23         Division of Safety of the Department of Labor

24         and Employment Security in relation to rating

25         plans' workplace safety programs; amending s.

26         627.311, F.S.; clarifying language with respect

27         to joint underwriters' liability for monetary

28         damages; amending s. 627.914, F.S.; revising

29         the requirements for reports of information by

30         workers' compensation insurers; deleting a

31         reporting requirement for the Division of


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         Workers' Compensation; transferring the Office

  2         of the Judges of Compensation Claims to the

  3         Division of Administrative Hearings;

  4         transferring certain positions from the

  5         Division of Workers' Compensation to the Office

  6         of Judges of Compensation Claims; providing

  7         effective dates.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsection (8) of section 61.14, Florida

12  Statutes, is amended to read:

13         61.14  Enforcement and modification of support,

14  maintenance, or alimony agreements or orders.--

15         (8)(a)  When reviewing and approving any lump-sum

16  settlement under s. 440.20(11)(a) and (b), a judge of

17  compensation claims must consider whether the settlement

18  serves the interests of the worker and the worker's family,

19  including, but not limited to, whether the settlement provides

20  for appropriate recovery of any child-support arrearage.

21         (b)  In accordance with Notwithstanding the provisions

22  of s. 440.22, any compensation due or that may become due an

23  employee under chapter 440 is exempt from garnishment,

24  attachment, execution, and assignment of income, except for

25  the purposes of enforcing child or spousal support

26  obligations.

27         Section 2.  Paragraph (a) of subsection (2) of section

28  61.30, Florida Statutes, is amended to read:

29         61.30  Child support guidelines; retroactive child

30  support.--

31  


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         (2)  Income shall be determined on a monthly basis for

  2  the obligor and for the obligee as follows:

  3         (a)  Gross income shall include, but is not limited to,

  4  the following items:

  5         1.  Salary or wages.

  6         2.  Bonuses, commissions, allowances, overtime, tips,

  7  and other similar payments.

  8         3.  Business income from sources such as

  9  self-employment, partnership, close corporations, and

10  independent contracts. "Business income" means gross receipts

11  minus ordinary and necessary expenses required to produce

12  income.

13         4.  Disability benefits.

14         5.  All workers' worker's compensation benefits and

15  settlements.

16         6.  Unemployment compensation.

17         7.  Pension, retirement, or annuity payments.

18         8.  Social security benefits.

19         9.  Spousal support received from a previous marriage

20  or court ordered in the marriage before the court.

21         10.  Interest and dividends.

22         11.  Rental income, which is gross receipts minus

23  ordinary and necessary expenses required to produce the

24  income.

25         12.  Income from royalties, trusts, or estates.

26         13.  Reimbursed expenses or in kind payments to the

27  extent that they reduce living expenses.

28         14.  Gains derived from dealings in property, unless

29  the gain is nonrecurring.

30  

31  


                                  7

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         Section 3.  Paragraph (b) of subsection (1) and

  2  subsection (4) of section 112.3145, Florida Statutes, are

  3  amended to read:

  4         112.3145  Disclosure of financial interests and clients

  5  represented before agencies.--

  6         (1)  For purposes of this section, unless the context

  7  otherwise requires, the term:

  8         (b)  "Specified state employee" means:

  9         1.  Public counsel created by chapter 350, an assistant

10  state attorney, an assistant public defender, a full-time

11  state employee who serves as counsel or assistant counsel to

12  any state agency, the Deputy Chief Judge of Compensation

13  Claims, a judge of compensation claims, an administrative law

14  judge, or a hearing officer.

15         2.  Any person employed in the office of the Governor

16  or in the office of any member of the Cabinet if that person

17  is exempt from the Career Service System, except persons

18  employed in clerical, secretarial, or similar positions.

19         3.  Each appointed secretary, assistant secretary,

20  deputy secretary, executive director, assistant executive

21  director, or deputy executive director of each state

22  department, commission, board, or council; unless otherwise

23  provided, the division director, assistant division director,

24  deputy director, bureau chief, and assistant bureau chief of

25  any state department or division; or any person having the

26  power normally conferred upon such persons, by whatever title.

27         4.  The superintendent or institute director of a state

28  mental health institute established for training and research

29  in the mental health field or the warden or director of any

30  major state institution or facility established for

31  corrections, training, treatment, or rehabilitation.


                                  8

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         5.  Business managers, purchasing agents having the

  2  power to make any purchase exceeding the threshold amount

  3  provided for in s. 287.017 for CATEGORY ONE, finance and

  4  accounting directors, personnel officers, or grants

  5  coordinators for any state agency.

  6         6.  Any person, other than a legislative assistant

  7  exempted by the presiding officer of the house by which the

  8  legislative assistant is employed, who is employed in the

  9  legislative branch of government, except persons employed in

10  maintenance, clerical, secretarial, or similar positions.

11         7.  Each employee of the Commission on Ethics.

12         (4)  Each elected constitutional officer, state

13  officer, local officer, and specified state employee shall

14  file a quarterly report of the names of clients represented

15  for a fee or commission, except for appearances in ministerial

16  matters, before agencies at his or her level of government.

17  For the purposes of this part, agencies of government shall be

18  classified as state-level agencies or agencies below state

19  level.  Each local officer shall file such report with the

20  supervisor of elections of the county in which the officer is

21  principally employed or is a resident.  Each state officer,

22  elected constitutional officer, and specified state employee

23  shall file such report with the commission.  The report shall

24  be filed only when a reportable representation is made during

25  the calendar quarter and shall be filed no later than the last

26  day of each calendar quarter, for the previous calendar

27  quarter. Representation before any agency shall be deemed to

28  include representation by such officer or specified state

29  employee or by any partner or associate of the professional

30  firm of which he or she is a member and of which he or she has

31  actual knowledge.  For the purposes of this subsection, the


                                  9

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  term "representation before any agency" does not include

  2  appearances before any court or the Deputy Chief Judge Judges

  3  of Compensation Claims or judges of compensation claims or

  4  representations on behalf of one's agency in one's official

  5  capacity.  Such term does not include the preparation and

  6  filing of forms and applications merely for the purpose of

  7  obtaining or transferring a license based on a quota or a

  8  franchise of such agency or a license or operation permit to

  9  engage in a profession, business, or occupation, so long as

10  the issuance or granting of such license, permit, or transfer

11  does not require substantial discretion, a variance, a special

12  consideration, or a certificate of public convenience and

13  necessity.

14         Section 4.  Subsection (1) of section 120.65, Florida

15  Statutes, is amended to read:

16         120.65  Administrative law judges.--

17         (1)  The Division of Administrative Hearings within the

18  Department of Management Services shall be headed by a

19  director who shall be appointed by the Administration

20  Commission and confirmed by the Senate.  The director, who

21  shall also serve as the chief administrative law judge, and

22  any deputy chief administrative law judge must possess the

23  same minimum qualifications as the administrative law judges

24  employed by the division. The Deputy Chief Judge of

25  Compensation Claims must possess the minimum qualifications

26  established in s. 440.45(2) and shall report to the director.

27  The division shall be a separate budget entity, and the

28  director shall be its agency head for all purposes.  The

29  Department of Management Services shall provide administrative

30  support and service to the division to the extent requested by

31  the director. The division shall not be subject to control,


                                  10

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  supervision, or direction by the Department of Management

  2  Services in any manner, including, but not limited to,

  3  personnel, purchasing, transactions involving real or personal

  4  property, and budgetary matters.

  5         Section 5.  Paragraph (i) of subsection (1) of section

  6  121.055, Florida Statutes, is amended to read:

  7         121.055  Senior Management Service Class.--There is

  8  hereby established a separate class of membership within the

  9  Florida Retirement System to be known as the "Senior

10  Management Service Class," which shall become effective

11  February 1, 1987.

12         (1)

13         (i)1.  Except as provided in subparagraph 2., effective

14  July 1, 1999, participation in the Senior Management Service

15  Class is compulsory for any member of the Florida Retirement

16  System who is employed as the Deputy Chief Judge of

17  Compensation Claims or as a judge of compensation claims with

18  the Office of the Judges of Compensation Claims within the

19  Division of Administrative Hearings Department of Labor and

20  Employment Security.

21         2.  In lieu of participating in the Senior Management

22  Service Class, the Deputy Chief Judge of Compensation Claims

23  or a judge of compensation claims may participate in the

24  Senior Management Service Optional Annuity Program established

25  under subsection (6).

26         Section 6.  Paragraph (e) of subsection (3) of section

27  381.004, Florida Statutes, is amended to read:

28         381.004  HIV testing.--

29         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

30  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

31  


                                  11

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         (e)  Except as provided in this section, the identity

  2  of any person upon whom a test has been performed and test

  3  results are confidential and exempt from the provisions of s.

  4  119.07(1).  No person who has obtained or has knowledge of a

  5  test result pursuant to this section may disclose or be

  6  compelled to disclose the identity of any person upon whom a

  7  test is performed, or the results of such a test in a manner

  8  which permits identification of the subject of the test,

  9  except to the following persons:

10         1.  The subject of the test or the subject's legally

11  authorized representative.

12         2.  Any person, including third-party payors,

13  designated in a legally effective release of the test results

14  executed prior to or after the test by the subject of the test

15  or the subject's legally authorized representative. The test

16  subject may in writing authorize the disclosure of the test

17  subject's HIV test results to third party payors, who need not

18  be specifically identified, and to other persons to whom the

19  test subject subsequently issues a general release of medical

20  information.  A general release without such prior written

21  authorization is not sufficient to release HIV test results.

22         3.  An authorized agent or employee of a health

23  facility or health care provider if the health facility or

24  health care provider itself is authorized to obtain the test

25  results, the agent or employee participates in the

26  administration or provision of patient care or handles or

27  processes specimens of body fluids or tissues, and the agent

28  or employee has a need to know such information.  The

29  department shall adopt a rule defining which persons have a

30  need to know pursuant to this subparagraph.

31  


                                  12

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         4.  Health care providers consulting between themselves

  2  or with health care facilities to determine diagnosis and

  3  treatment. For purposes of this subparagraph, health care

  4  providers shall include licensed health care professionals

  5  employed by or associated with state, county, or municipal

  6  detention facilities when such health care professionals are

  7  acting exclusively for the purpose of providing diagnoses or

  8  treatment of persons in the custody of such facilities.

  9         5.  The department, in accordance with rules for

10  reporting and controlling the spread of disease, as otherwise

11  provided by state law.

12         6.  A health facility or health care provider which

13  procures, processes, distributes, or uses:

14         a.  A human body part from a deceased person, with

15  respect to medical information regarding that person; or

16         b.  Semen provided prior to July 6, 1988, for the

17  purpose of artificial insemination.

18         7.  Health facility staff committees, for the purposes

19  of conducting program monitoring, program evaluation, or

20  service reviews pursuant to chapters 395 and 766.

21         8.  Authorized medical or epidemiological researchers

22  who may not further disclose any identifying characteristics

23  or information.

24         9.  A person allowed access by a court order which is

25  issued in compliance with the following provisions:

26         a.  No court of this state shall issue such order

27  unless the court finds that the person seeking the test

28  results has demonstrated a compelling need for the test

29  results which cannot be accommodated by other means.  In

30  assessing compelling need, the court shall weigh the need for

31  disclosure against the privacy interest of the test subject


                                  13

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  and the public interest which may be disserved by disclosure

  2  which deters blood, organ, and semen donation and future human

  3  immunodeficiency virus-related testing or which may lead to

  4  discrimination.  This paragraph shall not apply to blood bank

  5  donor records.

  6         b.  Pleadings pertaining to disclosure of test results

  7  shall substitute a pseudonym for the true name of the subject

  8  of the test.  The disclosure to the parties of the subject's

  9  true name shall be communicated confidentially in documents

10  not filed with the court.

11         c.  Before granting any such order, the court shall

12  provide the individual whose test result is in question with

13  notice and a reasonable opportunity to participate in the

14  proceedings if he or she is not already a party.

15         d.  Court proceedings as to disclosure of test results

16  shall be conducted in camera, unless the subject of the test

17  agrees to a hearing in open court or unless the court

18  determines that a public hearing is necessary to the public

19  interest and the proper administration of justice.

20         e.  Upon the issuance of an order to disclose test

21  results, the court shall impose appropriate safeguards against

22  unauthorized disclosure which shall specify the persons who

23  may have access to the information, the purposes for which the

24  information shall be used, and appropriate prohibitions on

25  future disclosure.

26         10.  A person allowed access by order of a judge of

27  compensation claims of the Division of Administrative Hearings

28  Workers' Compensation of the Department of Labor and

29  Employment Security.  A judge of compensation claims shall not

30  issue such order unless he or she finds that the person

31  seeking the test results has demonstrated a compelling need


                                  14

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  for the test results which cannot be accommodated by other

  2  means.

  3         11.  Those employees of the department or of

  4  child-placing or child-caring agencies or of family foster

  5  homes, licensed pursuant to s. 409.175, who are directly

  6  involved in the placement, care, control, or custody of such

  7  test subject and who have a need to know such information;

  8  adoptive parents of such test subject; or any adult custodian,

  9  any adult relative, or any person responsible for the child's

10  welfare, if the test subject was not tested under subparagraph

11  (b)2. and if a reasonable attempt has been made to locate and

12  inform the legal guardian of a test result. The department

13  shall adopt a rule to implement this subparagraph.

14         12.  Those employees of residential facilities or of

15  community-based care programs that care for developmentally

16  disabled persons, pursuant to chapter 393, who are directly

17  involved in the care, control, or custody of such test subject

18  and who have a need to know such information.

19         13.  A health care provider involved in the delivery of

20  a child can note the mother's HIV test results in the child's

21  medical record.

22         14.  Medical personnel or nonmedical personnel who have

23  been subject to a significant exposure during the course of

24  medical practice or in the performance of professional duties,

25  or individuals who are the subject of the significant exposure

26  as provided in subparagraphs (h)10., 11., and 13.

27         15.  The medical examiner shall disclose positive HIV

28  test results to the department in accordance with rules for

29  reporting and controlling the spread of disease.

30  

31  


                                  15

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         Section 7.  Subsection (4), paragraph (d) of subsection

  2  (14), and paragraph (c) of subsection (16) of section 440.02,

  3  Florida Statutes, are amended to read:

  4         440.02  Definitions.--When used in this chapter, unless

  5  the context clearly requires otherwise, the following terms

  6  shall have the following meanings:

  7         (4)  "Casual" as used in this section refers shall be

  8  taken to refer only to employments for when the work that is

  9  anticipated contemplated is to be completed in not exceeding

10  10 working days or less, without regard to the number of

11  persons employed, and at a when the total labor cost of such

12  work is less than $500 $100.

13         (14)

14         (d)  "Employee" does not include:

15         1.  An independent contractor, if:

16         a.  The independent contractor maintains a separate

17  business with his or her own work facility, truck, equipment,

18  materials, or similar accommodations;

19         b.  The independent contractor holds or has applied for

20  a federal employer identification number, unless the

21  independent contractor is a sole proprietor who is not

22  required to obtain a federal employer identification number

23  under state or federal requirements;

24         c.  The independent contractor performs or agrees to

25  perform specific services or work for specific amounts of

26  money and controls the means of performing the services or

27  work;

28         d.  The independent contractor incurs the principal

29  expenses related to the service or work that he or she

30  performs or agrees to perform;

31  


                                  16

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         e.  The independent contractor is responsible for the

  2  satisfactory completion of work or services that he or she

  3  performs or agrees to perform and is or could be held liable

  4  for a failure to complete the work or services;

  5         f.  The independent contractor receives compensation

  6  for work or services performed for a commission or on a

  7  per-job or competitive-bid basis and not on any other basis;

  8         g.  The independent contractor may realize a profit or

  9  suffer a loss in connection with performing work or services;

10         h.  The independent contractor has continuing or

11  recurring business liabilities or obligations; and

12         i.  The success or failure of the independent

13  contractor's business depends on the relationship of business

14  receipts to expenditures.

15  

16  However, the determination as to whether an individual

17  included in the Standard Industrial Classification Manual of

18  1987, Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762,

19  0781, 0782, 0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436,

20  2448, or 2449, or a newspaper delivery person, is an

21  independent contractor is governed not by the criteria in this

22  paragraph but by common-law principles, giving due

23  consideration to the business activity of the individual.

24         2.  A real estate salesperson or agent, if that person

25  agrees, in writing, to perform for remuneration solely by way

26  of commission.

27         3.  Bands, orchestras, and musical and theatrical

28  performers, including disk jockeys, performing in licensed

29  premises as defined in chapter 562, if a written contract

30  evidencing an independent contractor relationship is entered

31  into before the commencement of such entertainment.


                                  17

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         4.  An owner-operator of a motor vehicle who transports

  2  property under a written contract with a motor carrier which

  3  evidences a relationship by which the owner-operator assumes

  4  the responsibility of an employer for the performance of the

  5  contract, if the owner-operator is required to furnish the

  6  necessary motor vehicle equipment and all costs incidental to

  7  the performance of the contract, including, but not limited

  8  to, fuel, taxes, licenses, repairs, and hired help; and the

  9  owner-operator is paid a commission for transportation service

10  and is not paid by the hour or on some other time-measured

11  basis.

12         5.  A person whose employment is both casual and not in

13  the course of the trade, business, profession, or occupation

14  of the employer.

15         6.  A volunteer, except a volunteer worker for the

16  state or a county, municipality, or other governmental entity.

17  A person who does not receive monetary remuneration for

18  services is presumed to be a volunteer unless there is

19  substantial evidence that a valuable consideration was

20  intended by both employer and employee. For purposes of this

21  chapter, the term "volunteer" includes, but is not limited to:

22         a.  Persons who serve in private nonprofit agencies and

23  who receive no compensation other than expenses in an amount

24  less than or equivalent to the standard mileage and per diem

25  expenses provided to salaried employees in the same agency or,

26  if such agency does not have salaried employees who receive

27  mileage and per diem, then such volunteers who receive no

28  compensation other than expenses in an amount less than or

29  equivalent to the customary mileage and per diem paid to

30  salaried workers in the community as determined by the

31  division; and


                                  18

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         b.  Volunteers participating in federal programs

  2  established under Pub. L. No. 93-113.

  3         7.  Any officer of a corporation who elects to be

  4  exempt from this chapter.

  5         8.  A sole proprietor or officer of a corporation who

  6  actively engages in the construction industry, and a partner

  7  in a partnership that is actively engaged in the construction

  8  industry, who elects to be exempt from the provisions of this

  9  chapter. Such sole proprietor, officer, or partner is not an

10  employee for any reason until the notice of revocation of

11  election filed pursuant to s. 440.05 is effective.

12         9.  An exercise rider who does not work for a single

13  horse farm or breeder, and who is compensated for riding on a

14  case-by-case basis, provided a written contract is entered

15  into prior to the commencement of such activity which

16  evidences that an employee/employer relationship does not

17  exist.

18         10.  A taxicab, limousine, or other passenger

19  vehicle-for-hire driver who operates said vehicles pursuant to

20  a written agreement with a company which provides any

21  dispatch, marketing, insurance, communications, or other

22  services under which the driver and any fees or charges paid

23  by the driver to the company for such services are not

24  conditioned upon, or expressed as a proportion of, fare

25  revenues.

26         11.  A person who performs services as a sports

27  official for an entity sponsoring an interscholastic sports

28  event or for a public entity or private, nonprofit

29  organization that sponsors an amateur sports event.  For

30  purposes of this subparagraph, such a person is an independent

31  contractor.  For purposes of this subparagraph, the term


                                  19

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  "sports official" means any person who is a neutral

  2  participant in a sports event, including, but not limited to,

  3  umpires, referees, judges, linespersons, scorekeepers, or

  4  timekeepers. This subparagraph does not apply to any person

  5  employed by a district school board who serves as a sports

  6  official as required by the employing school board or who

  7  serves as a sports official as part of his or her

  8  responsibilities during normal school hours.

  9         (16)

10         (c)  "Employment" does not include service performed by

11  or as:

12         1.  Domestic servants in private homes.

13         2.  Agricultural labor performed on a farm in the

14  employ of a bona fide farmer, or association of farmers, that

15  who employs 5 or fewer regular employees and that who employs

16  fewer than 12 other employees at one time for seasonal

17  agricultural labor that is completed in less than 30 days,

18  provided such seasonal employment does not exceed 45 days in

19  the same calendar year. The term "farm" includes stock, dairy,

20  poultry, fruit, fur-bearing animals, fish, and truck farms,

21  ranches, nurseries, and orchards. The term "agricultural

22  labor" includes field foremen, timekeepers, checkers, and

23  other farm labor supervisory personnel.

24         3.  Professional athletes, such as professional boxers,

25  wrestlers, baseball, football, basketball, hockey, polo,

26  tennis, jai alai, and similar players, and motorsports teams

27  competing in a motor racing event as defined in s. 549.08.

28         4.  Labor under a sentence of a court to perform

29  community services as provided in s. 316.193.

30  

31  


                                  20

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         5.  State prisoners or county inmates, except those

  2  performing services for private employers or those enumerated

  3  in s. 948.03(8)(a).

  4         Section 8.  Subsection (2) of section 440.09, Florida

  5  Statutes, is amended to read:

  6         440.09  Coverage.--

  7         (2)  Benefits are not payable in respect of the

  8  disability or death of any employee covered by the Federal

  9  Employer's Liability Act, the Longshoremen's and Harbor

10  Worker's Compensation Act, the Defense Base Act, or the Jones

11  Act.

12         Section 9.  Paragraph (b) of subsection (3) of section

13  440.105, Florida Statutes, is amended to read:

14         440.105  Prohibited activities; reports; penalties;

15  limitations.--

16         (3)  Whoever violates any provision of this subsection

17  commits a misdemeanor of the first degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         (b)  It is shall be unlawful for any attorney or other

20  person, in his or her individual capacity or in his or her

21  capacity as a public or private employee, or for any firm,

22  corporation, partnership, or association to receive any fee or

23  other consideration or any gratuity from a person on account

24  of services rendered for a person in connection with any

25  proceedings arising under this chapter, unless such fee,

26  consideration, or gratuity is approved by a judge of

27  compensation claims or by the Deputy Chief Judge of

28  Compensation Claims.

29         Section 10.  Subsection (1) of section 440.12, Florida

30  Statutes, is amended to read:

31  


                                  21

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         440.12  Time for commencement and limits on weekly rate

  2  of compensation.--

  3         (1)  No compensation shall be allowed for the first 7

  4  days of the disability, except benefits provided for in s.

  5  440.13. However, if the injury results in disability of more

  6  than 21 days, compensation shall be allowed from the

  7  commencement of the disability.  All weekly compensation

  8  payments, except for the first payment, shall be paid by check

  9  or, if authorized by the employee, deposited directly into the

10  employee's account at a financial institution. As used in this

11  subsection, the term "financial institution" means a financial

12  institution as defined in s. 655.005(1)(h).

13         Section 11.  Paragraph (a) of subsection (3) and

14  paragraphs (b) and (c) of subsection (4) of section 440.13,

15  Florida Statutes, are amended, and paragraph (f) is added to

16  subsection (2) of said section, to read:

17         440.13  Medical services and supplies; penalty for

18  violations; limitations.--

19         (2)  MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--

20         (f)  Upon the written request of the employee, the

21  carrier shall give the employee the opportunity for one change

22  of physician during the course of treatment for any one

23  accident.  The employee shall be entitled to select another

24  physician from among not fewer than three carrier-authorized

25  physicians who are not professionally affiliated.

26         (3)  PROVIDER ELIGIBILITY; AUTHORIZATION.--

27         (a)  As a condition to eligibility for payment under

28  this chapter, a health care provider who renders services must

29  be a certified health care provider and must receive

30  authorization from the carrier before providing treatment.

31  This paragraph does not apply to emergency care. The division


                                  22

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  shall adopt rules to implement the certification of health

  2  care providers. As a one-time prerequisite to obtaining

  3  certification, the division shall require each physician to

  4  demonstrate proof of completion of a minimum 5-hour course

  5  that covers the subject areas of cost containment, utilization

  6  control, ergonomics, and the practice parameters adopted by

  7  the division governing the physician's field of practice. The

  8  division shall coordinate with the Agency for Health Care

  9  Administration, the Florida Medical Association, the Florida

10  Osteopathic Medical Association, the Florida Chiropractic

11  Association, the Florida Podiatric Medical Association, the

12  Florida Optometric Association, the Florida Dental

13  Association, and other health professional organizations and

14  their respective boards as deemed necessary by the Agency for

15  Health Care Administration in complying with this subsection.

16  No later than October 1, 1994, the division shall adopt rules

17  regarding the criteria and procedures for approval of courses

18  and the filing of proof of completion by the physicians.

19         (4)  NOTICE OF TREATMENT TO CARRIER; FILING WITH

20  DIVISION.--

21         (b)  Upon the request of the Division of Workers'

22  Compensation, each medical report or bill obtained or received

23  by the employer, the carrier, or the injured employee, or the

24  attorney for the employer, carrier, or injured employee, with

25  respect to the remedial treatment, or care, and attendance of

26  the injured employee, including any report of an examination,

27  diagnosis, or disability evaluation, must be filed with the

28  Division of Workers' Compensation pursuant to rules adopted by

29  the division. The health care provider shall also furnish to

30  the injured employee or to his or her attorney, on demand, a

31  copy of his or her office chart, records, and reports, and may


                                  23

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  charge the injured employee an amount authorized by the

  2  division for the copies. Each such health care provider shall

  3  provide to the division any additional information about the

  4  remedial treatment, care, and attendance which that the

  5  division reasonably requests.

  6         (c)  It is the policy for the administration of the

  7  workers' compensation system that there be reasonable access

  8  to medical information by all parties to facilitate the

  9  self-executing features of the law. Notwithstanding the

10  limitations in s. 456.057 and subject to the limitations in s.

11  381.004, upon the request of the employer, the carrier, an

12  authorized qualified rehabilitation provider, or the attorney

13  for the employer or carrier either of them, the medical

14  records of an injured employee must be furnished to those

15  persons and the medical condition of the injured employee must

16  be discussed with those persons, if the records and the

17  discussions are restricted to conditions relating to the

18  workplace injury. Any such discussions may be held before or

19  after the filing of a claim without the knowledge, consent, or

20  presence of any other party or his or her agent or

21  representative. A health care provider who willfully refuses

22  to provide medical records or to discuss the medical condition

23  of the injured employee, after a reasonable request is made

24  for such information pursuant to this subsection, shall be

25  subject by the division to one or more of the penalties set

26  forth in paragraph (8)(b).

27         Section 12.  Paragraphs (a) and (b) of subsection (2)

28  of section 440.134, Florida Statutes, are amended to read:

29         440.134  Workers' compensation managed care

30  arrangement.--

31  


                                  24

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         (2)(a)(b)  Effective January 1, 1997, The employer may

  2  shall, subject to the terms and limitations specified

  3  elsewhere in this section and chapter, furnish to the employee

  4  solely through managed care arrangements such medically

  5  necessary remedial treatment, care, and attendance for such

  6  period as the nature of the injury or the process of recovery

  7  requires.

  8         (b)(a)  The agency shall authorize an insurer to offer

  9  or utilize a workers' compensation managed care arrangement

10  after the insurer files a completed application along with the

11  payment of a $1,000 application fee, and upon the agency's

12  being satisfied that the applicant has the ability to provide

13  quality of care consistent with the prevailing professional

14  standards of care and the insurer and its workers'

15  compensation managed care arrangement otherwise meets the

16  requirements of this section. No insurer may offer or utilize

17  a managed care arrangement without such authorization. The

18  authorization, unless sooner suspended or revoked, shall

19  automatically expire 2 years after the date of issuance unless

20  renewed by the insurer. The authorization shall be renewed

21  upon application for renewal and payment of a renewal fee of

22  $1,000, provided that the insurer is in compliance with the

23  requirements of this section and any rules adopted hereunder.

24  An application for renewal of the authorization shall be made

25  90 days prior to expiration of the authorization, on forms

26  provided by the agency. The renewal application shall not

27  require the resubmission of any documents previously filed

28  with the agency if such documents have remained valid and

29  unchanged since their original filing.

30         Section 13.  Subsection (5) is added to section 440.14,

31  Florida Statutes, to read:


                                  25

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         440.14  Determination of pay.--

  2         (5)(a)  If the lost wages from concurrent employment

  3  are used in calculating the average weekly wage, the employee

  4  is responsible for providing information concerning the loss

  5  of earnings from the concurrent employment.

  6         (b)  The employee waives any entitlement to interest,

  7  penalties, and attorney's fees during the period in which the

  8  employee has not provided information concerning the loss of

  9  earnings from concurrent employment. Carriers are not subject

10  to penalties by the division under s. 440.20(8)(b) and (c) for

11  unpaid compensation related to concurrent employment during

12  the period in which the employee has not provided information

13  concerning the loss of earnings from concurrent employment.

14         Section 14.  Subsection (7) of section 440.185, Florida

15  Statutes, is amended to read:

16         440.185  Notice of injury or death; reports; penalties

17  for violations.--

18         (7)  Every carrier shall file with the division within

19  21 days after the issuance of a policy or contract of

20  insurance such policy information as the division requires may

21  require, including notice of whether the policy is a minimum

22  premium policy. Notice of cancellation or expiration of a

23  policy as set out in s. 440.42(3) shall be mailed to the

24  division in accordance with rules adopted promulgated by the

25  division under chapter 120. The division may contract with a

26  private entity for the collection of policy information

27  required to be filed by carriers under this subsection and the

28  receipt of notices of cancellation or expiration of a policy

29  required to be filed by carriers under s. 440.42(3).  The

30  submission of policy information or notices of cancellation or

31  


                                  26

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  expiration to the contracted private entity satisfies the

  2  filing requirements of this subsection and s. 440.42(3).

  3         Section 15.  Subsections (1), (2), (5), and (8) of

  4  section 440.192, Florida Statutes, are amended to read:

  5         440.192  Procedure for resolving benefit disputes.--

  6         (1)  Subject to s. 440.191, any employee who has not

  7  received a benefit to which the employee believes she or he is

  8  entitled under this chapter shall file by certified mail, or

  9  by electronic means approved by the Deputy Chief Judge, with

10  the Office of the Judges of Compensation Claims a petition for

11  benefits which meets the requirements of this section.  The

12  division shall inform employees of the location of the Office

13  of the Judges of Compensation Claims for purposes of filing a

14  petition for benefits.  The employee shall also serve copies

15  of the petition for benefits by certified mail, or by

16  electronic means approved by the Deputy Chief Judge, upon the

17  employer and, the employer's carrier, and the division in

18  Tallahassee a petition for benefits that meets the

19  requirements of this section. The Deputy Chief Judge shall

20  refer the petitions to the judges of compensation claims. The

21  division shall refer the petition to the Office of the Judges

22  of Compensation Claims.

23         (2)  Upon receipt, the Office of the Judges of

24  Compensation Claims shall review each petition and shall

25  dismiss each petition or any portion of such a petition, upon

26  the judge's its own motion or upon the motion of any party,

27  that does not on its face specifically identify or itemize the

28  following:

29         (a)  Name, address, telephone number, and social

30  security number of the employee.

31  


                                  27

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         (b)  Name, address, and telephone number of the

  2  employer.

  3         (c)  A detailed description of the injury and cause of

  4  the injury, including the location of the occurrence and the

  5  date or dates of the accident.

  6         (d)  A detailed description of the employee's job, work

  7  responsibilities, and work the employee was performing when

  8  the injury occurred.

  9         (e)  The time period for which compensation and the

10  specific classification of compensation were was not timely

11  provided.

12         (f)  Date of maximum medical improvement, character of

13  disability, and specific statement of all benefits or

14  compensation that the employee is seeking.

15         (g)  All specific travel costs to which the employee

16  believes she or he is entitled, including dates of travel and

17  purpose of travel, means of transportation, and mileage and

18  including the date the request for mileage was filed with the

19  carrier and a copy of the request filed with the carrier.

20         (h)  Specific listing of all medical charges alleged

21  unpaid, including the name and address of the medical

22  provider, the amounts due, and the specific dates of

23  treatment.

24         (i)  The type or nature of treatment care or attendance

25  sought and the justification for such treatment.

26         (j)  Specific explanation of any other disputed issue

27  that a judge of compensation claims will be called to rule

28  upon.

29  

30  

31  


                                  28

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  The dismissal of any petition or portion of such a petition

  2  under this section is without prejudice and does not require a

  3  hearing.

  4         (5)  All motions to dismiss must state with

  5  particularity the basis for the motion. The judge of

  6  compensation claims shall enter an order upon such motions

  7  without hearing, unless good cause for hearing is shown. When

  8  any petition or portion of a petition is dismissed for lack of

  9  specificity under this subsection, the claimant must be

10  allowed 20 days after the date of the order of dismissal in

11  which to file an amended petition. Any grounds for dismissal

12  for lack of specificity under this section which are not

13  asserted within 30 days after receipt of the petition for

14  benefits are thereby waived.

15         (8)  Within 14 days after receipt of a petition for

16  benefits by certified mail, the carrier must either pay the

17  requested benefits without prejudice to its right to deny

18  within 120 days from receipt of the petition or file a

19  response to petition notice of denial with the Office of the

20  Judges of Compensation Claims division. The carrier must list

21  all benefits requested but not paid and explain its

22  justification for nonpayment in the response to petition

23  notice of denial. A carrier that does not deny compensability

24  in accordance with s. 440.20(4) is deemed to have accepted the

25  employee's injuries as compensable, unless it can establish

26  material facts relevant to the issue of compensability that

27  could not have been discovered through reasonable

28  investigation within the 120-day period. The carrier shall

29  provide copies of the response notice to the filing party,

30  employer, and claimant by certified mail.

31  


                                  29

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         Section 16.  Paragraph (a) of subsection (1) and

  2  subsections (4), (6), and (11) of section 440.20, Florida

  3  Statutes, are amended to read:

  4         440.20  Time for payment of compensation; penalties for

  5  late payment.--

  6         (1)(a)  Unless it denies compensability or entitlement

  7  to benefits, the carrier shall pay compensation directly to

  8  the employee as required by ss. 440.14, 440.15, and 440.16, in

  9  accordance with the obligations set forth in such sections. If

10  authorized by the employee, the carrier's obligation to pay

11  compensation directly to the employee is satisfied when the

12  carrier directly deposits, by electronic transfer or other

13  means, compensation into the employee's account at a financial

14  institution. As used in this paragraph, the term "financial

15  institution" means a financial institution as defined in s.

16  655.005(1)(h). Compensation by direct deposit is considered

17  paid on the date the funds become available for withdrawal by

18  the employee.

19         (4)  If the carrier is uncertain of its obligation to

20  provide benefits or compensation, it may initiate payment

21  without prejudice and without admitting liability. The carrier

22  shall immediately and in good faith commence investigation of

23  the employee's entitlement to benefits under this chapter and

24  shall admit or deny compensability within 120 days after the

25  initial provision of compensation or benefits as required

26  under subsection (2) or s. 440.192(8). Upon commencement of

27  payment as required under subsection (2) or s. 440.192(8), the

28  carrier shall provide written notice to the employee that it

29  has elected to pay all or part of the claim pending further

30  investigation, and that it will advise the employee of claim

31  acceptance or denial within 120 days. A carrier that fails to


                                  30

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  deny compensability within 120 days after the initial

  2  provision of benefits or payment of compensation as required

  3  under subsection (2) or s. 440.192(8) waives the right to deny

  4  compensability, unless the carrier can establish material

  5  facts relevant to the issue of compensability that it could

  6  not have discovered through reasonable investigation within

  7  the 120-day period. The initial provision of compensation or

  8  benefits, for purposes of this subsection, means the first

  9  installment of compensation or benefits to be paid by the

10  carrier under subsection (2) or pursuant to a petition for

11  benefits under s. 440.192(8).

12         (6)  If any installment of compensation for death or

13  dependency benefits, disability, permanent impairment, or wage

14  loss payable without an award is not paid within 7 days after

15  it becomes due, as provided in subsection (2), subsection (3),

16  or subsection (4), there shall be added to such unpaid

17  installment a punitive penalty of an amount equal to 20

18  percent of the unpaid installment or $5, which shall be paid

19  at the same time as, but in addition to, such installment of

20  compensation, unless notice is filed under subsection (4) or

21  unless such nonpayment results from conditions over which the

22  employer or carrier had no control. When any installment of

23  compensation payable without an award has not been paid within

24  7 days after it became due and the claimant concludes the

25  prosecution of the claim before a judge of compensation claims

26  without having specifically claimed additional compensation in

27  the nature of a penalty under this section, the claimant will

28  be deemed to have acknowledged that, owing to conditions over

29  which the employer or carrier had no control, such installment

30  could not be paid within the period prescribed for payment and

31  to have waived the right to claim such penalty. However,


                                  31

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  during the course of a hearing, the judge of compensation

  2  claims shall on her or his own motion raise the question of

  3  whether such penalty should be awarded or excused. The

  4  division may assess without a hearing the punitive penalty

  5  against either the employer or the insurance carrier,

  6  depending upon who was at fault in causing the delay. The

  7  insurance policy cannot provide that this sum will be paid by

  8  the carrier if the division or the judge of compensation

  9  claims determines that the punitive penalty should be made by

10  the employer rather than the carrier. Any additional

11  installment of compensation paid by the carrier pursuant to

12  this section shall be paid directly to the employee by check

13  or, if authorized by the employee, by direct deposit into the

14  employee's account at a financial institution. As used in this

15  subsection, the term "financial institution" means a financial

16  institution as defined in s. 655.005(1)(h).

17         (11)(a)  When a claimant is not represented by counsel,

18  upon joint petition of all interested parties, a lump-sum

19  payment in exchange for the employer's or carrier's release

20  from liability for future medical expenses, as well as future

21  payments of compensation expenses and any other benefits

22  provided under this chapter, shall be allowed at any time in

23  any case in which the employer or carrier has filed a written

24  notice of denial within 120 days after the employer receives

25  notice date of the injury, and the judge of compensation

26  claims at a hearing to consider the settlement proposal finds

27  a justiciable controversy as to legal or medical

28  compensability of the claimed injury or the alleged accident.

29  The employer or carrier may not pay any attorney's fees on

30  behalf of the claimant for any settlement under this section

31  unless expressly authorized elsewhere in this chapter. Upon


                                  32

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  the joint petition of all interested parties and after giving

  2  due consideration to the interests of all interested parties,

  3  the judge of compensation claims may enter a compensation

  4  order approving and authorizing the discharge of the liability

  5  of the employer for compensation and remedial treatment, care,

  6  and attendance, as well as rehabilitation expenses, by the

  7  payment of a lump sum. Such a compensation order so entered

  8  upon joint petition of all interested parties is not subject

  9  to modification or review under s. 440.28. If the settlement

10  proposal together with supporting evidence is not approved by

11  the judge of compensation claims, it shall be considered void.

12  Upon approval of a lump-sum settlement under this subsection,

13  the judge of compensation claims shall send a report to the

14  Chief Judge of the amount of the settlement and a statement of

15  the nature of the controversy. The Chief Judge shall keep a

16  record of all such reports filed by each judge of compensation

17  claims and shall submit to the Legislature a summary of all

18  such reports filed under this subsection annually by September

19  15.

20         (b)  When a claimant is not represented by counsel,

21  upon joint petition of all interested parties, a lump-sum

22  payment in exchange for the employer's or carrier's release

23  from liability for future medical expenses, as well as future

24  payments of compensation and rehabilitation expenses, and any

25  other benefits provided under this chapter, may be allowed at

26  any time in any case after the injured employee has attained

27  maximum medical improvement. An employer or carrier may not

28  pay any attorney's fees on behalf of the claimant for any

29  settlement, unless expressly authorized elsewhere in this

30  chapter. A compensation order so entered upon joint petition

31  of all interested parties shall not be subject to modification


                                  33

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  or review under s. 440.28. However, a judge of compensation

  2  claims is not required to approve any award for lump-sum

  3  payment when it is determined by the judge of compensation

  4  claims that the payment being made is in excess of the value

  5  of benefits the claimant would be entitled to under this

  6  chapter. The judge of compensation claims shall make or cause

  7  to be made such investigations as she or he considers

  8  necessary, in each case in which the parties have stipulated

  9  that a proposed final settlement of liability of the employer

10  for compensation shall not be subject to modification or

11  review under s. 440.28, to determine whether such final

12  disposition will definitely aid the rehabilitation of the

13  injured worker or otherwise is clearly for the best interests

14  of the person entitled to compensation and, in her or his

15  discretion, may have an investigation made by the

16  Rehabilitation Section of the Division of Workers'

17  Compensation. The joint petition and the report of any

18  investigation so made will be deemed a part of the proceeding.

19  An employer shall have the right to appear at any hearing

20  pursuant to this subsection which relates to the discharge of

21  such employer's liability and to present testimony at such

22  hearing. The carrier shall provide reasonable notice to the

23  employer of the time and date of any such hearing and inform

24  the employer of her or his rights to appear and testify. When

25  the claimant is represented by counsel or when the claimant

26  and carrier or employer are represented by counsel, final

27  approval of the lump-sum settlement agreement, as provided for

28  in a joint petition and stipulation, shall be approved by

29  entry of an order within 7 days after the filing of such joint

30  petition and stipulation without a hearing, unless the judge

31  of compensation claims determines, in her or his discretion,


                                  34

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  that additional testimony is needed before such settlement can

  2  be approved or disapproved and so notifies the parties. The

  3  probability of the death of the injured employee or other

  4  person entitled to compensation before the expiration of the

  5  period during which such person is entitled to compensation

  6  shall, in the absence of special circumstances making such

  7  course improper, be determined in accordance with the most

  8  recent United States Life Tables published by the National

  9  Office of Vital Statistics of the United States Department of

10  Health and Human Services. The probability of the happening of

11  any other contingency affecting the amount or duration of the

12  compensation, except the possibility of the remarriage of a

13  surviving spouse, shall be disregarded. As a condition of

14  approving a lump-sum payment to a surviving spouse, the judge

15  of compensation claims, in the judge of compensation claims'

16  discretion, may require security which will ensure that, in

17  the event of the remarriage of such surviving spouse, any

18  unaccrued future payments so paid may be recovered or recouped

19  by the employer or carrier. Such applications shall be

20  considered and determined in accordance with s. 440.25.

21         (c)  Notwithstanding s. 440.21(2), when a claimant is

22  represented by counsel, the claimant may waive all rights to

23  any and all benefits under this chapter by entering into a

24  settlement agreement releasing the employer and the carrier

25  from liability for workers' compensation benefits in exchange

26  for a lump-sum payment to the claimant. The settlement

27  agreement requires approval by the judge of compensation

28  claims only as to the attorney's fees paid to the claimant's

29  attorney by the claimant. The parties need not submit any

30  information or documentation in support of the settlement,

31  except as needed to justify the amount of the attorney's fees.


                                  35

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  Neither the employer nor the carrier is responsible for any

  2  attorney's fees relating to the settlement and release of

  3  claims under this section. Payment of the lump-sum settlement

  4  amount must be made within 14 days after the date the judge of

  5  compensation claims mails the order approving the attorney's

  6  fees. Any order entered by a judge of compensation claims

  7  approving the attorney's fees as set out in the settlement

  8  under this subsection is not considered to be an award and is

  9  not subject to modification or review. The judge of

10  compensation claims shall report these settlements to the

11  Deputy Chief Judge in accordance with the requirements set

12  forth in paragraphs (a) and (b). Settlements entered into

13  under this subsection are valid and apply to all dates of

14  accident.

15         (d)  With respect to any lump-sum settlement under this

16  subsection, a judge of compensation claims must consider

17  whether the settlement provides for appropriate recovery of

18  any child support arrearage.

19         (e)(c)  This section applies to all claims that the

20  parties have not previously settled, regardless of the date of

21  accident.

22         Section 17.  Section 440.22, Florida Statutes, is

23  amended to read:

24         440.22  Assignment and exemption from claims of

25  creditors.--No assignment, release, or commutation of

26  compensation or benefits due or payable under this chapter

27  except as provided by this chapter shall be valid, and such

28  compensation and benefits shall be exempt from all claims of

29  creditors, and from levy, execution and attachments or other

30  remedy for recovery or collection of a debt, which exemption

31  may not be waived. However, the exemption of workers'


                                  36

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  compensation claims from creditors does not extend to claims

  2  based on an award of child support or alimony.

  3         Section 18.  Subsections (1), (2), (3), and (4) and

  4  paragraph (b) of subsection (5) of section 440.25, Florida

  5  Statutes, are amended to read:

  6         440.25  Procedures for mediation and hearings.--

  7         (1)  Within 21 days after a petition for benefits is

  8  filed under s. 440.192, a mediation conference concerning such

  9  petition shall be held. Within 7 days after such petition is

10  filed, the judge of compensation claims shall notify the

11  interested parties that a mediation conference concerning such

12  petition will be held. Such notice shall give the date, time,

13  and location of the mediation conference. Such notice may be

14  served personally upon the interested parties or may be sent

15  to the interested parties by mail. The claimant or the

16  adjuster of the employer or carrier may, at the mediator's

17  discretion, attend the mediation conference by telephone or,

18  if agreed to by the parties, other electronic means.

19         (2)  Any party who participates in a mediation

20  conference shall not be precluded from requesting a hearing

21  following the mediation conference should both parties not

22  agree to be bound by the results of the mediation conference.

23  A mediation conference is required to be held unless this

24  requirement is waived by the Deputy Chief Judge. No later than

25  3 days prior to the mediation conference, all parties must

26  submit any applicable motions, including, but not limited to,

27  a motion to waive the mediation conference, to the judge of

28  compensation claims.

29         (3)  Such mediation conference shall be conducted

30  informally and does not require the use of formal rules of

31  evidence or procedure. Any information from the files,


                                  37

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  reports, case summaries, mediator's notes, or other

  2  communications or materials, oral or written, relating to a

  3  mediation conference under this section obtained by any person

  4  performing mediation duties is privileged and confidential and

  5  may not be disclosed without the written consent of all

  6  parties to the conference. Any research or evaluation effort

  7  directed at assessing the mediation program activities or

  8  performance must protect the confidentiality of such

  9  information. Each party to a mediation conference has a

10  privilege during and after the conference to refuse to

11  disclose and to prevent another from disclosing communications

12  made during the conference whether or not the contested issues

13  are successfully resolved. This subsection and paragraphs

14  (4)(a) and (b) shall not be construed to prevent or inhibit

15  the discovery or admissibility of any information that is

16  otherwise subject to discovery or that is admissible under

17  applicable law or rule of procedure, except that any conduct

18  or statements made during a mediation conference or in

19  negotiations concerning the conference are inadmissible in any

20  proceeding under this chapter. The Deputy Chief Judge shall

21  select a mediator. The mediator shall be employed on a

22  full-time basis by the Office of the Judges of Compensation

23  Claims. A mediator must be a member of The Florida Bar for at

24  least 5 years and must complete a mediation training program

25  approved by the Deputy Chief Judge. Adjunct mediators may be

26  employed by the Office of the Judges of Compensation Claims on

27  an as-needed basis and shall be selected from a list prepared

28  by the Deputy Chief Judge. An adjunct mediator must be

29  independent of all parties participating in the mediation

30  conference. An adjunct mediator must be a member of The

31  Florida Bar for at least 5 years and must complete a mediation


                                  38

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  training program approved by the Deputy Chief Judge.  An

  2  adjunct mediator shall have access to the office, equipment,

  3  and supplies of the judge of compensation claims in each

  4  district. In the event both parties agree, the results of the

  5  mediation conference shall be binding and neither party shall

  6  have a right to appeal the results. In the event either party

  7  refuses to agree to the results of the mediation conference,

  8  the results of the mediation conference as well as the

  9  testimony, witnesses, and evidence presented at the conference

10  shall not be admissible at any subsequent proceeding on the

11  claim. The mediator shall not be called in to testify or give

12  deposition to resolve any claim for any hearing before the

13  judge of compensation claims. The employer may be represented

14  by an attorney at the mediation conference if the employee is

15  also represented by an attorney at the mediation conference.

16         (4)(a)  If, on the 10th day following commencement of

17  mediation, the questions in dispute have not been resolved,

18  the judge of compensation claims shall hold a pretrial

19  hearing. The judge of compensation claims shall give the

20  interested parties at least 7 days' advance notice of the

21  pretrial hearing by mail. At the pretrial hearing, the judge

22  of compensation claims shall, subject to paragraph (b), set a

23  date for the final hearing that allows the parties at least 30

24  days to conduct discovery unless the parties consent to an

25  earlier hearing date.

26         (b)  The final hearing must be held and concluded

27  within 45 days after the pretrial hearing. Continuances may be

28  granted only if the requesting party demonstrates to the judge

29  of compensation claims that the reason for requesting the

30  continuance arises from circumstances beyond the party's

31  control. The written consent of the claimant must be obtained


                                  39

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  before any request is granted for an additional continuance

  2  after the initial continuance has been granted.

  3         (c)  The judge of compensation claims shall give the

  4  interested parties at least 7 days' advance notice of the

  5  final hearing, served upon the interested parties by mail.

  6         (d)  The hearing shall be held in the county where the

  7  injury occurred, if the injury occurred in this state, unless

  8  otherwise agreed to between the parties and authorized by the

  9  judge of compensation claims in the county where the injury

10  occurred. If the injury occurred without the state and is one

11  for which compensation is payable under this chapter, then the

12  hearing above referred to may be held in the county of the

13  employer's residence or place of business, or in any other

14  county of the state which will, in the discretion of the

15  Deputy Chief Judge, be the most convenient for a hearing. The

16  hearing shall be conducted by a judge of compensation claims,

17  who shall, within 30 14 days after final hearing or closure of

18  the hearing record, unless otherwise agreed by the parties,

19  enter a final order on the merits of the disputed issues

20  determine the dispute in a summary manner. The judge of

21  compensation claims may enter an abbreviated final order in

22  cases in which compensability is not disputed. Either party

23  may request separate findings of fact and conclusions of law.

24  At such hearing, the claimant and employer may each present

25  evidence in respect of such claim and may be represented by

26  any attorney authorized in writing for such purpose. When

27  there is a conflict in the medical evidence submitted at the

28  hearing, the provisions of s. 440.13 shall apply. The report

29  or testimony of the expert medical advisor shall be made a

30  part of the record of the proceeding and shall be given the

31  same consideration by the judge of compensation claims as is


                                  40

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  accorded other medical evidence submitted in the proceeding;

  2  and all costs incurred in connection with such examination and

  3  testimony may be assessed as costs in the proceeding, subject

  4  to the provisions of s. 440.13. No judge of compensation

  5  claims may make a finding of a degree of permanent impairment

  6  that is greater than the greatest permanent impairment rating

  7  given the claimant by any examining or treating physician,

  8  except upon stipulation of the parties.

  9         (e)  The order making an award or rejecting the claim,

10  referred to in this chapter as a "compensation order," shall

11  set forth the findings of ultimate facts and the mandate; and

12  the order need not include any other reason or justification

13  for such mandate. The compensation order shall be filed in the

14  Office of the Judges of Compensation Claims division at

15  Tallahassee. A copy of such compensation order shall be sent

16  by mail to the parties and attorneys of record at the last

17  known address of each, with the date of mailing noted thereon.

18         (f)  Each judge of compensation claims is required to

19  submit a special report to the Deputy Chief Judge in each

20  contested workers' compensation case in which the case is not

21  determined within 30 14 days of final hearing or closure of

22  the hearing record. Said form shall be provided by the

23  director of the Division of Administrative Hearings Chief

24  Judge and shall contain the names of the judge of compensation

25  claims and of the attorneys involved and a brief explanation

26  by the judge of compensation claims as to the reason for such

27  a delay in issuing a final order. The Chief Judge shall

28  compile these special reports into an annual public report to

29  the Governor, the Secretary of Labor and Employment Security,

30  the Legislature, The Florida Bar, and the appellate district

31  judicial nominating commissions.


                                  41

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         (g)  Judges of compensation claims shall adopt and

  2  enforce uniform local rules for workers' compensation.

  3         (g)(h)  Notwithstanding any other provision of this

  4  section, the judge of compensation claims may require the

  5  appearance of the parties and counsel before her or him

  6  without written notice for an emergency conference where there

  7  is a bona fide emergency involving the health, safety, or

  8  welfare of an employee. An emergency conference under this

  9  section may result in the entry of an order or the rendering

10  of an adjudication by the judge of compensation claims.

11         (h)(i)  To expedite dispute resolution and to enhance

12  the self-executing features of the Workers' Compensation Law,

13  the Deputy Chief Judge shall make provision by rule or order

14  for the resolution of appropriate motions by judges of

15  compensation claims without oral hearing upon submission of

16  brief written statements in support and opposition, and for

17  expedited discovery and docketing.

18         (i)(j)  To further expedite dispute resolution and to

19  enhance the self-executing features of the system, those

20  petitions filed in accordance with s. 440.192 that involve a

21  claim for benefits of $5,000 or less shall, in the absence of

22  compelling evidence to the contrary, be presumed to be

23  appropriate for expedited resolution under this paragraph; and

24  any other claim filed in accordance with s. 440.192, upon the

25  written agreement of both parties and application by either

26  party, may similarly be resolved under this paragraph. For

27  purposes of expedited resolution pursuant to this paragraph,

28  the Deputy Chief Judge shall make provision by rule or order

29  for expedited and limited discovery and expedited docketing in

30  such cases. At least 15 days prior to hearing, the parties

31  shall exchange and file with the judge of compensation claims


                                  42

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  a pretrial outline of all issues, defenses, and witnesses on a

  2  form adopted promulgated by the Deputy Chief Judge; provided,

  3  in no event shall such hearing be held without 15 days'

  4  written notice to all parties. No pretrial hearing shall be

  5  held. The judge of compensation claims shall limit all

  6  argument and presentation of evidence at the hearing to a

  7  maximum of 30 minutes, and such hearings shall not exceed 30

  8  minutes in length. Neither party shall be required to be

  9  represented by counsel. The employer or carrier may be

10  represented by an adjuster or other qualified representative.

11  The employer or carrier and any witness may appear at such

12  hearing by telephone. The rules of evidence shall be liberally

13  construed in favor of allowing introduction of evidence.

14         (5)

15         (b)  An appellant may be relieved of any necessary

16  filing fee by filing a verified petition of indigency for

17  approval as provided in s. 57.081(1) and may be relieved in

18  whole or in part from the costs for preparation of the record

19  on appeal if, within 15 days after the date notice of the

20  estimated costs for the preparation is served, the appellant

21  files with the judge of compensation claims a copy of the

22  designation of the record on appeal, and a verified petition

23  to be relieved of costs. A verified petition filed prior to

24  the date of service of the notice of the estimated costs shall

25  be deemed not timely filed. The verified petition relating to

26  record costs shall contain a sworn statement that the

27  appellant is insolvent and a complete, detailed, and sworn

28  financial affidavit showing all the appellant's assets,

29  liabilities, and income. Failure to state in the affidavit all

30  assets and income, including marital assets and income, shall

31  be grounds for denying the petition with prejudice. The Office


                                  43

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  of the Judges of Compensation Claims division shall adopt

  2  promulgate rules as may be required pursuant to this

  3  subsection, including forms for use in all petitions brought

  4  under this subsection. The appellant's attorney, or the

  5  appellant if she or he is not represented by an attorney,

  6  shall include as a part of the verified petition relating to

  7  record costs an affidavit or affirmation that, in her or his

  8  opinion, the notice of appeal was filed in good faith and that

  9  there is a probable basis for the District Court of Appeal,

10  First District, to find reversible error, and shall state with

11  particularity the specific legal and factual grounds for the

12  opinion. Failure to so affirm shall be grounds for denying the

13  petition. A copy of the verified petition relating to record

14  costs shall be served upon all interested parties, including

15  the division and the Office of the General Counsel, Department

16  of Labor and Employment Security, in Tallahassee. The judge of

17  compensation claims shall promptly conduct a hearing on the

18  verified petition relating to record costs, giving at least 15

19  days' notice to the appellant, the division, and all other

20  interested parties, all of whom shall be parties to the

21  proceedings. The judge of compensation claims may enter an

22  order without such hearing if no objection is filed by an

23  interested party within 20 days from the service date of the

24  verified petition relating to record costs. Such proceedings

25  shall be conducted in accordance with the provisions of this

26  section and with the workers' compensation rules of procedure,

27  to the extent applicable. In the event an insolvency petition

28  is granted, the judge of compensation claims shall direct the

29  division to pay record costs and filing fees from the Workers'

30  Compensation Trust Fund pending final disposition of the costs

31  of appeal. The division may transcribe or arrange for the


                                  44

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  transcription of the record in any proceeding for which it is

  2  ordered to pay the cost of the record. In the event the

  3  insolvency petition is denied, the judge of compensation

  4  claims may enter an order requiring the petitioner to

  5  reimburse the division for costs incurred in opposing the

  6  petition, including investigation and travel expenses.

  7         Section 19.  Section 440.271, Florida Statutes, is

  8  amended to read:

  9         440.271  Appeal of order of judge of compensation

10  claims.--Review of any order of a judge of compensation claims

11  entered pursuant to this chapter shall be by appeal to the

12  District Court of Appeal, First District. To promote

13  consistency and uniformity in the application of this chapter,

14  the District Court of Appeal, First District, shall establish

15  a specialized division to hear all appeals of orders of judges

16  of compensation claims.  The court may structure the division

17  to hear workers' compensation cases exclusively or in addition

18  to other appeals. Appeals shall be filed in accordance with

19  rules of procedure prescribed by the Supreme Court for review

20  of such orders.  The division shall be given notice of any

21  proceedings pertaining to s. 440.25, regarding indigency, or

22  s. 440.49, regarding the Special Disability Trust Fund, and

23  shall have the right to intervene in any proceedings.

24         Section 20.  Subsection (2) of section 440.29, Florida

25  Statutes, is amended to read:

26         440.29  Procedure before the judge of compensation

27  claims.--

28         (2)  Hearings before the judge of compensation claims

29  shall be open to the public, and the Deputy Chief Judge is

30  authorized to designate the manner in which particular types

31  of hearings are recorded and reported and, when necessary, to


                                  45

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  contract for the reporting of such hearings.  The Deputy Chief

  2  Judge shall arrange for the preparation of a record of the

  3  hearings and other proceedings before judges of compensation

  4  claims, as necessary, and is authorized to allow for the

  5  attendance of court reporters at hearings, for preparation of

  6  transcripts of testimony, for copies of any instrument, and

  7  for other reporting or recording services. The Deputy Chief

  8  Judge may charge the same fees allowed by law or court rule to

  9  reporters, persons preparing transcripts, or clerks of courts

10  of this state for like services.

11         Section 21.  Paragraph (b) of subsection (3) of section

12  440.34, Florida Statutes, is amended to read:

13         440.34  Attorney's fees; costs.--

14         (3)  If the claimant should prevail in any proceedings

15  before a judge of compensation claims or court, there shall be

16  taxed against the employer the reasonable costs of such

17  proceedings, not to include the attorney's fees of the

18  claimant. A claimant shall be responsible for the payment of

19  her or his own attorney's fees, except that a claimant shall

20  be entitled to recover a reasonable attorney's fee from a

21  carrier or employer:

22         (b)  In any case in which the employer or carrier files

23  a response to petition notice of denial with the Office of the

24  Judges of Compensation Claims division and the injured person

25  has employed an attorney in the successful prosecution of the

26  claim; or

27  

28  In applying the factors set forth in subsection (1) to cases

29  arising under paragraphs (a), (b), (c), and (d), the judge of

30  compensation claims must only consider only such benefits and

31  the time reasonably spent in obtaining them as were secured


                                  46

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  for the claimant within the scope of paragraphs (a), (b), (c),

  2  and (d).

  3         Section 22.  Section 440.345, Florida Statutes, is

  4  amended to read:

  5         440.345  Reporting of attorney's fees.--All fees paid

  6  to attorneys for services rendered under this chapter shall be

  7  reported to the Office of the Judges of Compensation Claims

  8  division as the Office of the Judges of Compensation Claims

  9  division requires by rule. The Office of the Judges of

10  Compensation Claims division shall annually summarize such

11  data in a report to the Workers' Compensation Oversight Board.

12         Section 23.  Paragraphs (b), (c), and (f) of subsection

13  (1) of section 440.38, Florida Statutes, are amended to read:

14         440.38  Security for compensation; insurance carriers

15  and self-insurers.--

16         (1)  Every employer shall secure the payment of

17  compensation under this chapter:

18         (b)  By furnishing satisfactory proof to the division

19  of its financial ability to pay such compensation individually

20  and on behalf of its subsidiary and affiliated companies with

21  employees in this state and receiving an authorization from

22  the division to pay such compensation directly in accordance

23  with the following provisions:

24         1.  The division may, as a condition to such

25  authorization, require an such employer to deposit with in a

26  depository designated by the division a qualifying security

27  deposit. The division shall determine the type and amount of

28  the qualifying security deposit and shall either an indemnity

29  bond or securities, at the option of the employer, of a kind

30  and in an amount determined by the division and subject to

31  such conditions as the division may prescribe conditions for


                                  47

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  the qualifying security deposit, which shall include

  2  authorization for to the division to call the qualifying

  3  security deposit in the case of default to sell any such

  4  securities sufficient to pay compensation awards or to bring

  5  suit upon such bonds, to procure prompt payment of

  6  compensation under this chapter.  In addition, the division

  7  shall require, as a condition to authorization to self-insure,

  8  proof that the employer has provided for competent personnel

  9  with whom to deliver benefits and to provide a safe working

10  environment.  Further, the division shall require such

11  employer to carry reinsurance at levels that will ensure the

12  actuarial soundness of such employer in accordance with rules

13  promulgated by the division.  The division may by rule require

14  that, in the event of an individual self-insurer's insolvency,

15  such qualifying security deposits indemnity bonds, securities,

16  and reinsurance policies are shall be payable to the Florida

17  Self-Insurers Guaranty Association, Incorporated, created

18  pursuant to s. 440.385.  Any employer securing compensation in

19  accordance with the provisions of this paragraph shall be

20  known as a self-insurer and shall be classed as a carrier of

21  her or his own insurance.

22         2.  If the employer fails to maintain the foregoing

23  requirements, the division shall revoke the employer's

24  authority to self-insure, unless the employer provides to the

25  division the certified opinion of an independent actuary who

26  is a member of the American Society of Actuaries as to the

27  actuarial present value of the employer's determined and

28  estimated future compensation payments based on cash reserves,

29  using a 4-percent discount rate, and a qualifying security

30  deposit equal to 1.5 times the value so certified. The

31  employer shall thereafter annually provide such a certified


                                  48

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  opinion until such time as the employer meets the requirements

  2  of subparagraph 1.  The qualifying security deposit shall be

  3  adjusted at the time of each such annual report.  Upon the

  4  failure of the employer to timely provide such opinion or to

  5  timely provide a security deposit in an amount equal to 1.5

  6  times the value certified in the latest opinion, the division

  7  shall then revoke such employer's authorization to

  8  self-insure, and such failure shall be deemed to constitute an

  9  immediate serious danger to the public health, safety, or

10  welfare sufficient to justify the summary suspension of the

11  employer's authorization to self-insure pursuant to s. 120.68.

12         3.  Upon the suspension or revocation of the employer's

13  authorization to self-insure, the employer shall provide to

14  the division and to the Florida Self-Insurers Guaranty

15  Association, Incorporated, created pursuant to s. 440.385 the

16  certified opinion of an independent actuary who is a member of

17  the American Society of Actuaries of the actuarial present

18  value of the determined and estimated future compensation

19  payments of the employer for claims incurred while the member

20  exercised the privilege of self-insurance, using a discount

21  rate of 4 percent. The employer shall provide such an opinion

22  at 6-month intervals thereafter until such time as the latest

23  opinion shows no remaining value of claims.  With each such

24  opinion, the employer shall deposit with the division a

25  qualifying security deposit in an amount equal to the value

26  certified by the actuary.  The association has a cause of

27  action against an employer, and against any successor of the

28  employer, who fails to timely provide such opinion or who

29  fails to timely maintain the required security deposit with

30  the division. The association shall recover a judgment in the

31  amount of the actuarial present value of the determined and


                                  49

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  estimated future compensation payments of the employer for

  2  claims incurred while the employer exercised the privilege of

  3  self-insurance, together with attorney's fees.  For purposes

  4  of this section, the successor of an employer means any

  5  person, business entity, or group of persons or business

  6  entities, which holds or acquires legal or beneficial title to

  7  the majority of the assets or the majority of the shares of

  8  the employer.

  9         4.  A qualifying security deposit shall consist, at the

10  option of the employer, of:

11         a.  Surety bonds, in a form and containing such terms

12  as prescribed by the division, issued by a corporation surety

13  authorized to transact surety business by the Department of

14  Insurance, and whose policyholders' and financial ratings, as

15  reported in A.M. Best's Insurance Reports, Property-Liability,

16  are not less than "A" and "V", respectively.

17         b.  Certificates of deposit with financial

18  institutions, the deposits of which are insured through the

19  Federal Deposit Insurance Corporation or the Federal Savings

20  and Loan Insurance Corporation.

21         b.c.  Irrevocable letters of credit in favor of the

22  division issued by financial institutions located within this

23  state, the deposits of which are insured through the Federal

24  Deposit Insurance Corporation described in sub-subparagraph b.

25         d.  Direct obligations of the United States Treasury

26  backed by the full faith and credit of the United States.

27         e.  Securities issued by this state and backed by the

28  full faith and credit of this state.

29         5.  The qualifying security deposit shall be held by

30  the division, or by a depository authorized by the division,

31  exclusively for the benefit of workers' compensation


                                  50

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  claimants. The security shall not be subject to assignment,

  2  execution, attachment, or any legal process whatsoever, except

  3  as necessary to guarantee the payment of compensation under

  4  this chapter.  No surety bond may be terminated, and no letter

  5  of credit other qualifying security may be allowed to expire

  6  lapse, without 90 days' prior notice to the division and

  7  deposit by the self-insuring employer of some other qualifying

  8  security deposit of equal value within 10 business days after

  9  such notice. Failure to provide such notice or failure to

10  timely provide qualifying replacement security after such

11  notice shall constitute grounds for the division to call or

12  sue upon the surety bond, or to act with respect to other

13  pledged security in any manner necessary to preserve its value

14  for the purposes intended by this section, including the

15  exercise its of rights under a letter of credit. Current

16  self-insured employers must comply with this section on or

17  before December 31, 2001, or upon the maturity of existing

18  security deposits, whichever occurs later, the sale of any

19  security at then prevailing market rates, or the withdrawal of

20  any funds represented by any certificate of deposit forming

21  part of the qualifying security deposit. The division may

22  specify by rule the amount of the qualifying security deposit

23  required prior to authorizing an employer to self-insure and

24  the amount of net worth required for an employer to qualify

25  for authorization to self-insure;

26         (c)  By entering into a contract with a public utility

27  under an approved utility-provided self-insurance program as

28  set forth in s. 624.46225 440.571 in effect as of July 1,

29  1983.  The division shall adopt rules to implement this

30  paragraph;

31  


                                  51

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         (f)  By entering into a contract with an individual

  2  self-insurer under an approved individual

  3  self-insurer-provided self-insurance program as set forth in

  4  s. 624.46225.  The division may adopt rules to administer

  5  implement this subsection.

  6         Section 24.  Subsections (3), (5), (6), and (7) of

  7  section 440.44, Florida Statutes, are amended to read:

  8         440.44  Workers' compensation; staff organization.--

  9         (3)  EXPENDITURES.--The division and the director of

10  the Division of Administrative Hearings Chief Judge shall make

11  such expenditures, including expenditures for personal

12  services and rent at the seat of government and elsewhere, for

13  law books; for telephone services and WATS lines; for books of

14  reference, periodicals, equipment, and supplies; and for

15  printing and binding as may be necessary in the administration

16  of this chapter.  All expenditures in the administration of

17  this chapter shall be allowed and paid as provided in s.

18  440.50 upon the presentation of itemized vouchers therefor

19  approved by the division or the director of the Division of

20  Administrative Hearings Chief Judge.

21         (5)  OFFICE.--The division and the Deputy Chief Judge

22  shall maintain and keep open during reasonable business hours

23  an office, which shall be provided in the Capitol or some

24  other suitable building in the City of Tallahassee, for the

25  transaction of business under this chapter, at which office

26  the official records and papers shall be kept.  The office

27  shall be furnished and equipped.  The division, any judge of

28  compensation claims, or the Deputy Chief Judge may hold

29  sessions and conduct hearings at any place within the state.

30  The Office of the Judges of Compensation Claims shall maintain

31  


                                  52

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  the 17 district offices, 31 judges of compensation claims, and

  2  31 mediators as they exist on June 30, 2001.

  3         (6)  SEAL.--The division and, the judges of

  4  compensation claims, and the Chief Judge shall have a seal

  5  upon which shall be inscribed the words "State of Florida

  6  Department of Insurance Labor and Employment Security--Seal"

  7  and "Division of Administrative Hearings--Seal,"

  8  respectively."

  9         (7)  DESTRUCTION OF OBSOLETE RECORDS.--The division is

10  expressly authorized to provide by regulation for and to

11  destroy obsolete records of the division and commission. The

12  Division of Administrative Hearings is expressly authorized to

13  provide by regulation for and to destroy obsolete records of

14  the Office of the Judges of Compensation Claims.

15         Section 25.  Section 440.442, Florida Statutes, is

16  amended to read:

17         440.442  Code of Judicial Conduct.--The Deputy Chief

18  Judge, and judges of compensation claims shall observe and

19  abide by the Code of Judicial Conduct as adopted by the

20  Florida Supreme Court provided in this section. Any material

21  violation of a provision of the Code of Judicial Conduct shall

22  constitute either malfeasance or misfeasance in office and

23  shall be grounds for suspension and removal of the Deputy such

24  Chief Judge, or judge of compensation claims by the Governor.

25         (1)  A JUDGE SHOULD UPHOLD THE INTEGRITY AND

26  INDEPENDENCE OF THE JUDICIARY.--An independent and honorable

27  judiciary is indispensable to justice in our society. A judge

28  should participate in establishing, maintaining, and

29  enforcing, and should himself or herself observe, high

30  standards of conduct so that the integrity and independence of

31  


                                  53

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  the judiciary may be preserved. The provisions of this code

  2  should be construed and applied to further that objective.

  3         (2)  A JUDGE SHOULD AVOID IMPROPRIETY AND THE

  4  APPEARANCE OF IMPROPRIETY IN ALL HIS OR HER ACTIVITIES.--

  5         (a)  A judge should respect and comply with the law and

  6  should conduct himself or herself at all times in a manner

  7  that promotes public confidence in the integrity and

  8  impartiality of the judiciary.

  9         (b)  A judge should not allow his or her personal

10  relationships to influence his or her judicial conduct of

11  judgment. A judge should not lend the prestige of the office

12  to advance the private interest of others; nor convey or

13  authorize others to convey the impression that they are in a

14  special position to influence him or her. A judge should not

15  testify voluntarily as a character witness.

16         (3)  A JUDGE SHOULD PERFORM THE DUTIES OF OFFICE

17  IMPARTIALLY AND DILIGENTLY.--The judicial duties of a judge

18  take precedence over all his or her other activities. The

19  judicial duties include all the duties of office prescribed by

20  law. In the performance of these duties, the following

21  standards with respect to adjudicative responsibilities apply:

22         (a)  A judge should be faithful to the law and maintain

23  professional competence in it. A judge should be unswayed by

24  partisan interests, public clamor, or fear of criticism.

25         (b)  A judge should maintain order and decorum in

26  proceedings.

27         (c)  A judge should be patient, dignified, and

28  courteous to litigants, jurors, witnesses, lawyers, and others

29  with whom he or she must deal in an official capacity, and

30  should request similar conduct of lawyers, and of his or her

31  


                                  54

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  staff, court officials, and others subject to his or her

  2  direction and control.

  3         (4)  A JUDGE MAY ENGAGE IN ACTIVITIES TO IMPROVE THE

  4  LAW, THE LEGAL SYSTEM, AND THE ADMINISTRATION OF JUSTICE.--A

  5  judge, subject to the proper performance of his or her

  6  judicial duties, may engage in the following quasi-judicial

  7  activities, if in doing so he or she does not cast doubt on

  8  his or her capacity to decide impartiality on any issue that

  9  may come before him or her:

10         (a)  Speak, write, lecture, teach, and participate in

11  other activities concerning the law, the legal system, and the

12  administration of justice.

13         (b)  Appear at a public hearing before an executive or

14  legislative body or official on matters concerning the law,

15  the legal system, and the administration of justice, and may

16  otherwise consult with an executive or legislative body or

17  official, but only on matters concerning the administration of

18  justice.

19         (c)  Serve as a member, officer, or director of an

20  organization or governmental agency devoted to the improvement

21  of the law, the legal system, or the administration of justice

22  and assist such an organization in raising funds and may

23  participate in their management and investment, but should not

24  personally participate in public fundraising activities.

25         (d)  Make recommendations to public and private

26  fund-granting agencies on projects and programs concerning the

27  law, the legal system, and the administration of justice.

28         (5)  A JUDGE SHOULD REGULATE EXTRAJUDICIAL ACTIVITIES

29  TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES.--

30         (a)  Avocational activities.--A judge may write,

31  lecture, teach, and speak on nonlegal subjects, and engage in


                                  55

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  the arts, sports, or other social and recreational activities,

  2  if such avocational activities do not detract from the dignity

  3  of the office or interfere with the performance of judicial

  4  duties.

  5         (b)  Civil and charitable activities.--A judge may not

  6  participate in civic and charitable activities that reflect

  7  adversely upon his or her impartiality or interfere with the

  8  performance of his or her duties. A judge may serve as an

  9  officer, director, trustee, or nonlegal advisory of an

10  educational, religious, charitable, fraternal, or civic

11  organization not conducted for the economic or political

12  advantage of its members, subject to the following

13  limitations:

14         1.  A judge should not serve if it is likely that the

15  organization will be engaged in proceedings that would

16  ordinarily come before him or her or will be regularly engaged

17  in adversary proceedings in any court.

18         2.  A judge should not solicit funds for any

19  educational, religious, charitable, fraternal, or civil

20  organization, or use or permit the use of the prestige of the

21  office for that purpose, but may be listed as an officer,

22  director, or trustee of such an organization. A judge should

23  not be a speaker or a guest of honor at any organization's

24  fundraising events, but may attend such events.

25         3.  A judge should not give investment advice to such

26  an organization, but may serve on its board of directors or

27  trustees even though it has the responsibility for approving

28  investment decisions.

29         (c)  Financial activities.--

30         1.  A judge should refrain from financial and business

31  dealings that tend to reflect adversely on his or her


                                  56

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  impartiality, interfere with the proper performance of his or

  2  her judicial duties, exploit his or her judicial position, or

  3  involve the judge in frequent transactions with lawyers or

  4  persons likely to come before the court on which he or she

  5  serves.

  6         2.  Subject to the requirements of subsection (1), a

  7  judge in an individual or corporate capacity may hold and

  8  manage investments, including real estate, and engage in other

  9  remunerative activity, but should not serve as an officer,

10  director, manager, advisor, or employee of any business,

11  except a closely held family business that does not conflict

12  with subsection (1).

13         3.  A judge should manage his or her investments and

14  other financial interests to minimize the number of cases in

15  which he or she is disqualified. As soon as the judge can do

16  so without serious financial detriment, he or she should

17  divest himself or herself of investments and other financial

18  interests that might require frequent disqualifications.

19         4.  A judge should not accept a gift, bequest, favor,

20  or loan from anyone except as follows:

21         a.  A judge may accept a gift incident to a public

22  testimonial to him or her; books supplied by publishers on a

23  complimentary basis for official use; or an invitation to the

24  judge and spouse to attend a bar-related function or activity

25  devoted to the improvement of the law, the legal system, or

26  the administration of justice;

27         b.  A judge may accept ordinary hospitality; a gift,

28  bequest, favor, or loan from a relative; a wedding or an

29  engagement gift; a loan from a lending institution in its

30  regular course of business on the same terms generally

31  available to persons who are not judges; or a scholarship or


                                  57

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  fellowship awarded on the same terms applied to other

  2  applicants;

  3         c.  A judge may accept any other gift, bequest, favor,

  4  or loan exceeding $100 only if the donor is not a party or

  5  other person whose interests have recently come or may likely

  6  come before him or her in the immediate future.

  7         5.  A judge should make a reasonable effort to be

  8  informed about the personal financial interests of members of

  9  his or her family residing in the judge's household and shall

10  report any gift, bequest, favor, or loan received thereby of

11  which he or she has knowledge and which tends to reflect

12  adversely on his or her impartiality, in the same manner as he

13  or she reports compensation in subsection (6).

14         6.  For the purpose of this section, "member of his or

15  her family residing in the judge's household" means any

16  relative of a judge by blood or marriage, or a person treated

17  by a judge as a member of his or her family, who resides in

18  the judge's household.

19         7.  A judge is not required by this section to disclose

20  his or her income, debts, or investments, except as provided

21  in subsections (3) and (6).

22         8.  Information required by a judge in which his or her

23  judicial capacity should not be used or disclosed by the judge

24  in financial dealings or for any other purpose not related to

25  his or her judicial duties.

26         (6)  FISCAL MATTERS OF JUDGES.--Fiscal matters of a

27  judge should be conducted in a manner that will not give the

28  appearance of influence or impropriety. A judge should

29  regularly file public reports as required by s. 8, Art. II of

30  the State Constitution, and should publicly report gifts.

31  


                                  58

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         (a)  Compensation for quasi-judicial and extrajudicial

  2  services and reimbursement of expenses.--A judge may receive

  3  compensation and reimbursement of expenses for the

  4  quasi-judicial and extrajudicial activities permitted by this

  5  section, if the source of such payments does not give the

  6  appearance of influencing the judge in his or her judicial

  7  duties or otherwise give the impression of impropriety subject

  8  to the following restrictions:

  9         1.  Compensation:  Compensation should not exceed a

10  reasonable amount nor should it exceed what a person who is

11  not a judge would receive for the same activity.

12         2.  Expense reimbursement:  Expense reimbursement

13  should be limited to the actual cost of travel, food, and

14  lodging reasonably incurred by the judge and, where

15  appropriate to the occasion, to his or her spouse. Any payment

16  in excess of such an amount is compensation.

17         (b)  Public financial reporting.--

18         1.  Income and assets:  A judge shall file such public

19  reports as may be required by law for all public officials to

20  comply fully with the provisions of s. 8, Art. II of the State

21  Constitution. The form for public financial disclosure shall

22  be that recommended or adopted by the Florida Commission on

23  Ethics for use by all public officials. The form shall be

24  filed in the office of the Commission on Ethics on the date

25  prescribed by law.

26         2.  Gifts:  A judge shall file a public report of all

27  gifts which are required to be disclosed under Canons 5D(5)(h)

28  and 6B(2) of the Code of Judicial Conduct. The report of gifts

29  received in the preceding calendar year shall be filed in the

30  office of the Commission on Ethics on or before July 1 of each

31  year.


                                  59

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         Section 26.  Section 440.45, Florida Statutes, is

  2  amended to read:

  3         440.45  Office of the Judges of Compensation Claims.--

  4         (1)(a)  There is hereby created the Office of the

  5  Judges of Compensation Claims within the Department of

  6  Management Services Labor and Employment Security. The Office

  7  of the Judges of Compensation Claims shall be headed by the

  8  Deputy a Chief Judge of Compensation Claims. The Deputy Chief

  9  Judge shall report to the director of the Division of

10  Administrative Hearings. The Deputy Chief Judge shall be

11  appointed by the Governor for a term of 4 years from a list of

12  three names submitted by the statewide nominating commission

13  created under subsection (2). The Deputy Chief Judge must

14  demonstrate prior administrative experience and possess the

15  same qualifications for appointment as a judge of compensation

16  claims, and the procedure for reappointment of the Deputy

17  Chief Judge will be the same as for reappointment of a judge

18  of compensation claims. The office shall be a separate budget

19  entity and the director of the Division of Administrative

20  Hearings Chief Judge shall be its agency head for all

21  purposes.  The Department of Management Services Labor and

22  Employment Security shall provide administrative support and

23  service to the office to the extent requested by the director

24  of the Division of Administrative Hearings Chief Judge but

25  shall not direct, supervise, or control the Office of the

26  Judges of Compensation Claims in any manner, including, but

27  not limited to, personnel, purchasing, budgetary matters, or

28  property transactions. The operating budget of the Office of

29  the Judges of Compensation Claims shall be paid out of the

30  Workers' Compensation Administration Trust Fund established in

31  s. 440.50.


                                  60

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         (b)  The current term of the Chief Judge of

  2  Compensation Claims shall expire October 1, 2001. Effective

  3  October 1, 2001, the position of Deputy Chief Judge of

  4  Compensation Claims is created.

  5         (2)(a)  The Governor shall appoint full-time judges of

  6  compensation claims to conduct proceedings as required by this

  7  chapter or other law. No person may be nominated to serve as a

  8  judge of compensation claims unless he or she has been a

  9  member of The Florida Bar in good standing for the previous 5

10  years and is experienced knowledgeable in the practice of law

11  of workers' compensation. No judge of compensation claims

12  shall engage in the private practice of law during a term of

13  office.

14         (b)  Except as provided in paragraph (c), the Governor

15  shall appoint a judge of compensation claims from a list of

16  three persons nominated by a statewide nominating commission.

17  The statewide nominating commission shall be composed of the

18  following:

19         1.  Five members, at least one of whom must be a member

20  of a minority group as defined in s. 288.703(3), one of each

21  who resides in each of the territorial jurisdictions of the

22  district courts of appeal, appointed by the Board of Governors

23  of The Florida Bar from among The Florida Bar members who are

24  engaged in the practice of law. On July 1, 1999, the term of

25  office of each person appointed by the Board of Governors of

26  The Florida Bar to the commission expires. The Board of

27  Governors shall appoint members who reside in the odd-numbered

28  district court of appeal jurisdictions to 4-year terms each,

29  beginning July 1, 1999, and members who reside in the

30  even-numbered district court of appeal jurisdictions to 2-year

31  


                                  61

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  terms each, beginning July 1, 1999. Thereafter, each member

  2  shall be appointed for a 4-year term;

  3         2.  Five electors, at least one of whom must be a

  4  member of a minority group as defined in s. 288.703(3), one of

  5  each who resides in each of the territorial jurisdictions of

  6  the district courts of appeal, appointed by the Governor. On

  7  July 1, 1999, the term of office of each person appointed by

  8  the Governor to the commission expires. The Governor shall

  9  appoint members who reside in the odd-numbered district court

10  of appeal jurisdictions to 2-year terms each, beginning July

11  1, 1999, and members who reside in the even-numbered district

12  court of appeal jurisdictions to 4-year terms each, beginning

13  July 1, 1999. Thereafter, each member shall be appointed for a

14  4-year term; and

15         3.  Five electors, at least one of whom must be a

16  member of a minority group as defined in s. 288.703(3), one of

17  each who resides in the territorial jurisdictions of the

18  district courts of appeal, selected and appointed by a

19  majority vote of the other 10 members of the commission. On

20  October 1, 1999, the term of office of each person appointed

21  to the commission by its other members expires. A majority of

22  the other members of the commission shall appoint members who

23  reside in the odd-numbered district court of appeal

24  jurisdictions to 2-year terms each, beginning October 1, 1999,

25  and members who reside in the even-numbered district court of

26  appeal jurisdictions to 4-year terms each, beginning October

27  1, 1999. Thereafter, each member shall be appointed for a

28  4-year term.

29  

30  A vacancy occurring on the commission shall be filled by the

31  original appointing authority for the unexpired balance of the


                                  62

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  term. No attorney who appears before any judge of compensation

  2  claims more than four times a year is eligible to serve on the

  3  statewide nominating commission. The meetings and

  4  determinations of the nominating commission as to the judges

  5  of compensation claims shall be open to the public.

  6         (c)  Each judge of compensation claims shall be

  7  appointed for a term of 4 years, but during the term of office

  8  may be removed by the Governor for cause. Prior to the

  9  expiration of a judge's term of office, the statewide

10  nominating commission shall review the judge's conduct and

11  determine whether the judge's performance is satisfactory.

12  Effective July 1, 2002, in determining whether a judge's

13  performance is satisfactory, the commission shall consider the

14  extent to which the judge has met the requirements of this

15  chapter, including, but not limited to, the requirements of

16  ss. 440.192(2), 440.25(1) and (4)(a)-(f), 440.34(2), and

17  440.442. If the judge's performance is deemed satisfactory,

18  the commission shall report its finding to the Governor no

19  later than 6 months prior to the expiration of the judge's

20  term of office. The Governor shall review the commission's

21  report and may reappoint the judge for an additional 4-year

22  term. If the Governor does not reappoint the judge, the

23  Governor shall inform the commission. The judge shall remain

24  in office until the Governor has appointed a successor judge

25  in accordance with paragraphs (a) and (b). If a vacancy occurs

26  during a judge's unexpired term, the statewide nominating

27  commission does not find the judge's performance is

28  satisfactory, or the Governor does not reappoint the judge,

29  the Governor shall appoint a successor judge for a term of 4

30  years in accordance with paragraph (b).

31  


                                  63

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         (d)  The Governor may appoint any attorney who has at

  2  least 5 years of experience in the practice of law in this

  3  state to serve as a judge of compensation claims pro hac vice

  4  in the absence or disqualification of any full-time judge of

  5  compensation claims or to serve temporarily as an additional

  6  judge of compensation claims in any area of the state in which

  7  the Governor determines that a need exists for such an

  8  additional judge. However, an attorney who is so appointed by

  9  the Governor may not serve for a period of more than 120

10  successive days.

11         (e)  The director of the Division of Administrative

12  Hearings may receive or initiate complaints, conduct

13  investigations, and dismiss complaints against the Deputy

14  Chief Judge and the judges of compensation claims. The

15  director may recommend to the Governor the removal of the

16  Deputy Chief Judge or a judge of compensation claims or

17  recommend the discipline of a judge whose conduct during his

18  or her term of office warrants such discipline. For purposes

19  of this section, the term "discipline" includes reprimand,

20  fine, and suspension with or without pay. At the conclusion of

21  each investigation, the director shall submit preliminary

22  findings of fact and recommendations to the judge of

23  compensation claims who is the subject of the complaint. The

24  judge of compensation claims has 20 days within which to

25  respond to the preliminary findings. The response and the

26  director's rebuttal to the response must be included in the

27  final report submitted to the Governor.

28         (3)  The Chief Judge shall select from among the full

29  time judges of the office two or more judges to rotate as

30  docketing judges. Docketing judges shall review all claims for

31  benefits for consistency with the requirements of this chapter


                                  64

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  and the rules of procedure, including, but not limited to,

  2  specificity requirements, and shall dismiss any claim that

  3  fails to comport with such rules and requirements. The

  4  docketing judge shall not dismiss any claim with prejudice

  5  without offering the parties an opportunity to appear and

  6  present argument. The Chief Judge may as he or she deems

  7  appropriate expand the duties of the docketing judges to

  8  include resolution without hearing of other types of

  9  procedural and substantive matters, including resolution of

10  fee disputes.

11         (3)(4)  The Chief Judge shall have the discretion to

12  require mediation and to designate qualified persons to act as

13  mediators in any dispute pending before the judges of

14  compensation claims and the division. The Deputy Chief Judge

15  shall coordinate with the Director of the Division of Workers'

16  Compensation to establish a mandatory mediation program to

17  facilitate early and efficient resolution of disputes arising

18  under this chapter and to establish training and continuing

19  education for new and sitting judges.

20         (4)(5)  The Office of the Judges of Compensation Claims

21  shall adopt promulgate rules to effect the purposes of this

22  section. Such rules shall include procedural rules applicable

23  to workers' compensation claim resolution and uniform criteria

24  for measuring the performance of the office, including, but

25  not limited to, the number of cases assigned and disposed, the

26  age of pending and disposed cases, timeliness of

27  decisionmaking, extraordinary fee awards, and other data

28  necessary for the judicial nominating commission to review the

29  performance of judges as required in paragraph (2)(c)

30  performance indicators. The workers' compensation rules of

31  procedure approved by the Supreme Court shall apply until the


                                  65

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  rules adopted promulgated by the Office of the Judges of

  2  Compensation Claims pursuant to this section become effective.

  3         (5)(6)  Not later than December 1 of each year, the

  4  Office of the Judges of Compensation Claims and the Division

  5  of Workers' Compensation shall jointly issue a written report

  6  to the Governor, the House of Representatives, and the Senate,

  7  The Florida Bar, and the statewide nominating commission

  8  summarizing the amount, cost, and outcome of all litigation

  9  resolved in the previous fiscal prior year, summarizing the

10  disposition of mediation conferences, the number of mediation

11  conferences held, the number of continuances granted for

12  mediations and final hearings, the number and outcome of

13  litigated cases, the amount of attorney's fees paid in each

14  case according to order year and accident year, and the number

15  of final orders not issued within 30 days after the final

16  hearing or closure of the hearing record, applications and

17  motions for mediation conferences and recommending changes or

18  improvements to the dispute resolution elements of the

19  Workers' Compensation Law and regulations. If the Deputy Chief

20  Judge finds that judges generally are unable to meet a

21  particular statutory requirement for reasons beyond their

22  control, the Deputy Chief Judge shall submit such findings and

23  any recommendations to the Legislature.

24         Section 27.  Section 440.47, Florida Statutes, is

25  amended to read:

26         440.47  Travel expenses.--The Deputy Chief Judge,

27  judges of compensation claims, and employees of the department

28  shall be reimbursed for travel expenses as provided in s.

29  112.061. Such expenses shall be sworn to by the person who

30  incurred the same and shall be allowed and paid as provided in

31  s. 440.50 upon the presentation of vouchers therefor approved


                                  66

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  by the director of the Division of Administrative Hearings

  2  Chief Judge or the department, whichever is applicable.

  3         Section 28.  Section 440.59, Florida Statutes, is

  4  amended to read:

  5         440.59  Reporting requirements.--

  6         (1)  The department of Labor and Employment Security

  7  shall annually prepare a report of the administration of this

  8  chapter for the preceding calendar year, including a detailed

  9  statement of the receipts of and expenditures from the fund

10  established in s. 440.50 and a statement of the causes of the

11  accidents leading to the injuries for which the awards were

12  made, together with such recommendations as the department

13  considers advisable. On or before September 15 of each year,

14  the department shall submit a copy of the report to the

15  Governor, the President of the Senate, the Speaker of the

16  House of Representatives, the Democratic and Republican

17  Leaders of the Senate and the House of Representatives, and

18  the chairs of the legislative committees having jurisdiction

19  over workers' compensation.

20         (2)  The Division of Workers' Compensation of the

21  Department of Labor and Employment Security shall complete on

22  a quarterly basis an analysis of the previous quarter's

23  injuries which resulted in workers' compensation claims. The

24  analysis shall be broken down by risk classification, shall

25  show for each such risk classification the frequency and

26  severity for the various types of injury, and shall include an

27  analysis of the causes of such injuries. The division shall

28  distribute to each employer and self-insurer in the state

29  covered by the Workers' Compensation Law the data relevant to

30  its workforce. The report shall also be distributed to the

31  


                                  67

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  insurers authorized to write workers' compensation insurance

  2  in the state.

  3         (2)(3)  The division shall annually prepare a closed

  4  claim report for all claims for which the employee lost more

  5  than 7 days from work and shall submit a copy of the report to

  6  the Governor, the President of the Senate, the Speaker of the

  7  House of Representatives, the Democratic and Republican

  8  Leaders of the Senate and the House of Representatives, and

  9  the chairs of the legislative committees having jurisdiction

10  over workers' compensation on or before September 15 of each

11  year. The closed claim report shall include, but not be

12  limited to, an analysis of all claims closed during the

13  preceding year as to the date of accident, age of the injured

14  employee, occupation of the injured employee, type of injury,

15  body part affected, type and duration of indemnity benefits

16  paid, permanent impairment rating, medical benefits identified

17  by type of health care provider, and type and cost of any

18  rehabilitation benefits provided.

19         (3)(4)  The division shall prepare an annual report for

20  all claims for which the employee lost more than 7 days from

21  work and shall submit a copy of the report to the Governor,

22  the President of the Senate, the Speaker of the House of

23  Representatives, the Democratic and Republican Leaders of the

24  Senate and the House of Representatives, and the chairs of the

25  legislative committees having jurisdiction over workers'

26  compensation, on or before September 15 of each year. The

27  annual report shall include a status report on all cases

28  involving work-related injuries in the previous 10 years. The

29  annual report shall include, but not be limited to, the number

30  of open and closed cases, the number of cases receiving

31  various types of benefits, and the cash and medical benefits


                                  68

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  paid between the date of injury and the evaluation date, the

  2  number of litigated cases, and the amount of attorney's fees

  3  paid in each case.

  4         (5)  The Chief Judge must prepare an annual report

  5  summarizing the disposition of mediation conferences and must

  6  submit the report to the Governor, the President of the

  7  Senate, the Speaker of the House of Representatives, the

  8  Democratic and Republican Leaders of the Senate and the House

  9  of Representatives, and the chairs of the legislative

10  committees having jurisdiction over workers' compensation, on

11  or before September 15 of each year.

12         Section 29.  Section 440.593, Florida Statutes, is

13  amended to read:

14         440.593  Electronic reporting.--

15         (1)  The division may establish by rule an electronic

16  reporting system requiring or authorizing whereby an employer

17  or carrier is required to submit required forms, reports, or

18  other information electronically rather than by other means

19  filing otherwise required forms or reports. The division may

20  by rule establish different deadlines for submitting forms,

21  reports, or reporting information to the division, or to its

22  authorized agent, via the electronic reporting system than are

23  otherwise required when reporting information by other means.

24         (2)  The division may require any carrier to submit

25  data electronically, either directly or through a third-party

26  vendor, and may require any carrier or vendor submitting data

27  to the division electronically to be certified by the

28  division.  The division may specify performance requirements

29  for any carrier or vendor submitting data electronically.

30         (3)  The division may revoke the certification of any

31  carrier or vendor determined by the division to be in


                                  69

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  noncompliance with performance standards prescribed by rule

  2  for electronic submissions.

  3         (4)  The division may assess a civil penalty, not to

  4  exceed $500 for each violation, as prescribed by rule.

  5         (5)  The division is authorized to adopt rules to

  6  administer this section.

  7         Section 30.  Section 489.114, Florida Statutes, is

  8  amended to read:

  9         489.114  Evidence of workers' compensation

10  coverage.--Except as provided in s. 489.115(5)(d), any person,

11  business organization, or qualifying agent engaged in the

12  business of contracting in this state and certified or

13  registered under this part shall, as a condition precedent to

14  the issuance or renewal of a certificate, registration, or

15  certificate of authority of the contractor, provide to the

16  Construction Industry Licensing Board, as provided by board

17  rule, evidence of workers' compensation coverage pursuant to

18  chapter 440.  In the event that the Division of Workers'

19  Compensation of the Department of Labor and Employment

20  Security receives notice of the cancellation of a policy of

21  workers' compensation insurance insuring a person or entity

22  governed by this section, the Division of Workers'

23  Compensation shall certify and identify all persons or

24  entities by certification or registration license number to

25  the department after verification is made by the Division of

26  Workers' Compensation that such cancellation has occurred or

27  that persons or entities governed by this section are no

28  longer covered by workers' compensation insurance.  Such

29  certification and verification by the Division of Workers'

30  Compensation shall result solely from records furnished to the

31  Division of Workers' Compensation by the persons or entities


                                  70

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  governed by this section.  The department shall notify the

  2  persons or entities governed by this section who have been

  3  determined to be in noncompliance with chapter 440, and the

  4  persons or entities notified shall provide certification of

  5  compliance with chapter 440 to the department and pay an

  6  administrative fine as provided by rule.  The failure to

  7  maintain workers' compensation coverage as required by law

  8  shall be grounds for the board to revoke, suspend, or deny the

  9  issuance or renewal of a certificate, registration, or

10  certificate of authority of the contractor under the

11  provisions of s. 489.129.

12         Section 31.  Paragraph (d) is added to subsection (5)

13  of section 489.115, Florida Statutes, to read:

14         489.115  Certification and registration; endorsement;

15  reciprocity; renewals; continuing education.--

16         (5)

17         (d)  An applicant for initial issuance of a certificate

18  or registration shall submit as a prerequisite to qualifying

19  for an exemption from workers' compensation coverage

20  requirements under s. 440.05 an affidavit attesting to the

21  fact that the applicant will obtain an exemption within 30

22  days after the date the initial certificate or registration is

23  issued by the board.

24         Section 32.  Section 489.510, Florida Statutes, is

25  amended to read:

26         489.510  Evidence of workers' compensation

27  coverage.--Except as provided in s. 489.515(3)(b), any person,

28  business organization, or qualifying agent engaged in the

29  business of contracting in this state and certified or

30  registered under this part shall, as a condition precedent to

31  the issuance or renewal of a certificate or registration of


                                  71

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  the contractor, provide to the Electrical Contractors'

  2  Licensing Board, as provided by board rule, evidence of

  3  workers' compensation coverage pursuant to chapter 440.  In

  4  the event that the Division of Workers' Compensation of the

  5  Department of Labor and Employment Security receives notice of

  6  the cancellation of a policy of workers' compensation

  7  insurance insuring a person or entity governed by this

  8  section, the Division of Workers' Compensation shall certify

  9  and identify all persons or entities by certification or

10  registration license number to the department after

11  verification is made by the Division of Workers' Compensation

12  that such cancellation has occurred or that persons or

13  entities governed by this section are no longer covered by

14  workers' compensation insurance.  Such certification and

15  verification by the Division of Workers' Compensation shall

16  result solely from records furnished to the Division of

17  Workers' Compensation by the persons or entities governed by

18  this section. The department shall notify the persons or

19  entities governed by this section who have been determined to

20  be in noncompliance with chapter 440, and the persons or

21  entities notified shall provide certification of compliance

22  with chapter 440 to the department and pay an administrative

23  fine as provided by rule.  The failure to maintain workers'

24  compensation coverage as required by law shall be grounds for

25  the board to revoke, suspend, or deny the issuance or renewal

26  of a certificate or registration of the contractor under the

27  provisions of s. 489.533.

28         Section 33.  Subsection (3) of section 489.515, Florida

29  Statutes, is amended to read:

30         489.515  Issuance of certificates; registrations.--

31  


                                  72

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         (3)(a)  As a prerequisite to the initial issuance or

  2  the renewal of a certificate or registration, the applicant

  3  shall submit an affidavit on a form provided by the board

  4  attesting to the fact that the applicant has obtained both

  5  workers' compensation insurance or an acceptable exemption

  6  certificate issued by the department and public liability and

  7  property damage insurance for the health, safety, and welfare

  8  of the public in amounts determined by rule of the board. The

  9  board shall by rule establish a procedure to verify the

10  accuracy of such affidavits based upon a random audit method.

11         (b)  An applicant for initial issuance of a certificate

12  or registration shall submit as a prerequisite to qualifying

13  for an exemption from workers' compensation coverage

14  requirements under s. 440.05 an affidavit attesting to the

15  fact that the applicant will obtain an exemption within 30

16  days after the date the initial certificate or registration is

17  issued by the board.

18         Section 34.  Section 627.0915, Florida Statutes, is

19  amended to read:

20         627.0915  Rate filings; workers' compensation,

21  drug-free workplace, and safe employers.--The Department of

22  Insurance shall approve rating plans for workers' compensation

23  insurance that give specific identifiable consideration in the

24  setting of rates to employers that either implement a

25  drug-free workplace program pursuant to rules adopted by the

26  Division of Workers' Compensation of the Department of Labor

27  and Employment Security or implement a safety program pursuant

28  to provisions of the rating plan approved by the Division of

29  Safety pursuant to rules adopted by the Division of Safety of

30  the Department of Labor and Employment Security or implement

31  both a drug-free workplace program and a safety program. The


                                  73

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  Division of Safety may by rule require that the client of a

  2  help supply services company comply with the essential

  3  requirements of a workplace safety program as a condition for

  4  receiving a premium credit. The plans must take effect January

  5  1, 1994, must be actuarially sound, and must state the savings

  6  anticipated to result from such drug-testing and safety

  7  programs.

  8         Section 35.  Paragraph (p) of subsection (4) of section

  9  627.311, Florida Statutes, is amended to read:

10         627.311  Joint underwriters and joint reinsurers.--

11         (4)

12         (p)  Neither the plan nor any member of the board of

13  governors is liable for monetary damages to any person for any

14  statement, vote, decision, or failure to act, regarding the

15  management or policies of the plan, unless:

16         1.  The member breached or failed to perform her or his

17  duties as a member; and

18         2.  The member's breach of, or failure to perform,

19  duties constitutes:

20         a.  A violation of the criminal law, unless the member

21  had reasonable cause to believe her or his conduct was not

22  unlawful. A judgment or other final adjudication against a

23  member in any criminal proceeding for violation of the

24  criminal law estops that member from contesting the fact that

25  her or his breach, or failure to perform, constitutes a

26  violation of the criminal law; but does not estop the member

27  from establishing that she or he had reasonable cause to

28  believe that her or his conduct was lawful or had no

29  reasonable cause to believe that her or his conduct was

30  unlawful;

31  


                                  74

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1         b.  A transaction from which the member derived an

  2  improper personal benefit, either directly or indirectly; or

  3         c.  Recklessness or any act or omission that was

  4  committed in bad faith or with malicious purpose or in a

  5  manner exhibiting wanton and willful disregard of human

  6  rights, safety, or property. For purposes of this

  7  sub-subparagraph, the term "recklessness" means the acting, or

  8  omission to act, in conscious disregard of a risk:

  9         (I)  Known, or so obvious that it should have been

10  known, to the member; and

11         (II)  Known to the member, or so obvious that it should

12  have been known, to be so great as to make it highly probable

13  that harm would follow from such act or omission.

14         Section 36.  Effective July 1, 2001, section 627.914,

15  Florida Statutes, is amended to read:

16         627.914  Reports of information by workers'

17  compensation insurers required.--

18         (1)  The department shall adopt promulgate rules and

19  statistical plans that must which shall thereafter be used by

20  each insurer and self-insurance fund as defined in s. 624.461

21  in the recording and reporting of loss, expense, and claims

22  experience, in order that the experience of all insurers and

23  self-insurance funds self-insurers may be made available at

24  least annually in such form and detail as may be necessary to

25  aid the department in determining whether Florida experience

26  for workers' compensation insurance is sufficient for

27  establishing rates.

28         (2)  Any insurer authorized to write a policy of

29  workers' compensation insurance shall transmit the following

30  information to the department each year with its annual

31  report, and such information shall be reported on a net basis


                                  75

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  with respect to reinsurance for nationwide experience and on a

  2  direct basis for Florida experience:

  3         (a)  Premiums written;

  4         (b)  Premiums earned;

  5         (c)  Dividends paid or credited to policyholders;

  6         (d)  Losses paid;

  7         (e)  Allocated loss adjustment expenses;

  8         (f)  The ratio of allocated loss adjustment expenses to

  9  losses paid;

10         (g)  Unallocated loss adjustment expenses;

11         (h)  The ratio of unallocated loss adjustment expenses

12  to losses paid;

13         (i)  The total of losses paid and unallocated and

14  allocated loss adjustment expenses;

15         (j)  The ratio of losses paid and unallocated and

16  allocated loss adjustment expenses to premiums earned;

17         (k)  The number of claims outstanding as of December 31

18  of each year;

19         (l)  The total amount of losses unpaid as of December

20  31 of each year;

21         (m)  The total amount of allocated and unallocated loss

22  adjustment expenses unpaid as of December 31 of each year; and

23         (n)  The total of losses paid and allocated loss

24  adjustment expenses and unallocated loss adjustment expenses,

25  plus the total of losses unpaid as of December 31 of each year

26  and loss adjustment expenses unpaid as of December 31 of each

27  year.

28         (3)  A report of the information required in subsection

29  (2) shall be filed no later than April 1 of each year and

30  shall include the information for the preceding year ending

31  December 31. All reports shall be on a calendar-accident year


                                  76

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  basis, and each calendar-accident year shall be reported at

  2  eight stages of development.

  3         (2)(4)  Each insurer and self-insurance fund authorized

  4  to write a policy of workers' compensation insurance shall

  5  transmit the following information for paragraphs (a), (b),

  6  (d), and (e) annually on both Florida experience and

  7  nationwide experience separately:

  8         (a)  Payrolls by classification.

  9         (b)  Manual premiums by classification.

10         (c)  Standard premiums by classification.

11         (d)  Losses by classification and injury type.

12         (e)  Expenses.

13  

14  A report of this information shall be filed no later than July

15  April 1 of each year.  All reports shall be filed in

16  accordance with standard reporting procedures for insurers,

17  which procedures have received approval by the department, and

18  shall contain data for the most recent policy period

19  available.  A statistical or rating organization may be used

20  by insurers and self-insurance funds to report the data

21  required by this section.  The statistical or rating

22  organization shall report each data element in the aggregate

23  only for insurers and self-insurance funds required to report

24  under this section who elect to have the rating organization

25  report on their behalf. Such insurers and self-insurance funds

26  shall be named in the report.

27         (3)(5)  Individual self-insurers as defined authorized

28  to transact workers' compensation insurance as provided in s.

29  440.02 shall report only Florida data as prescribed in

30  paragraphs (a)-(e) of subsection (2) (4) to the Division of

31  


                                  77

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  Workers' Compensation of the Department of Labor and

  2  Employment Security.

  3         (a)  The Division of Workers' Compensation shall

  4  publish the dates and forms necessary to enable individual

  5  self-insurers to comply with this section.

  6         (b)  The Division of Workers' Compensation shall report

  7  the information collected under this section to the Department

  8  of Insurance in a manner prescribed by the department.

  9         (b)(c)  A statistical or rating organization may be

10  used by individual self-insurers for the purposes of reporting

11  the data required by this section and calculating experience

12  ratings.

13         (4)(6)  The department shall provide a summary of

14  information provided pursuant to subsection subsections (2)

15  and (4) in its annual report.

16         Section 37.  (1)  The Office of the Judges of

17  Compensation Claims is transferred by a type two transfer, as

18  defined in s. 20.06(2), Florida Statutes, from the Department

19  of Labor and Employment Security to the Division of

20  Administrative Hearings of the Department of Management

21  Services.

22         (2)  Four positions within the Division of Workers'

23  Compensation of the Department of Labor and Employment

24  Security responsible for coding or entering data contained

25  within final orders issued by the judges of compensation

26  claims are transferred by a type two transfer, as defined in

27  s. 20.06(2), Florida Statutes, to the Office of the Judges of

28  Compensation Claims within the Division of Administrative

29  Hearings of the Department of Management Services.

30         (3)  Ten positions within the Division of Workers'

31  Compensation of the Department of Labor and Employment


                                  78

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1803, First Engrossed/ntc



  1  Security responsible for receiving and preparing docketing

  2  orders for the petitions for benefits and for receiving and

  3  entering data related to the petitions for benefits are

  4  transferred by a type two transfer, as defined in s. 20.06(2),

  5  Florida Statutes, to the Office of the Judges of Compensation

  6  Claims within the Division of Administrative Hearings of the

  7  Department of Management Services.

  8         (4)  Four positions within the Division of Workers'

  9  Compensation of the Department of Labor and Employment

10  Security responsible for financial management, accounting, and

11  budgeting for the Office of the Judges of Compensation Claims

12  are transferred by a type two transfer, as defined in s.

13  20.06(2), Florida Statutes, to the Office of the Judges of

14  Compensation Claims within the Division of Administrative

15  Hearings of the Department of Management Services.

16         Section 38.  Except as otherwise provided herein, this

17  act shall take effect October 1, 2001.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  79

CODING: Words stricken are deletions; words underlined are additions.