SENATE AMENDMENT
    Bill No. CS for CS for SB 1132
    Amendment No. ___   Barcode 032818
                            CHAMBER ACTION
              Senate                               House
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       05/01/2003 06:04 PM         .                    
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11  Senator Smith moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 251, line 11, through
15            page 263, line 18, delete those lines
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17  and insert:  
18         (5)  OFFICE.--The department, the agency, the
19  Department of Education, and the Deputy Chief Judge shall
20  maintain and keep open during reasonable business hours an
21  office, which shall be provided in the Capitol or some other
22  suitable building in the City of Tallahassee, for the
23  transaction of business under this chapter, at which office
24  the official records and papers shall be kept. The office
25  shall be furnished and equipped. The department, the agency,
26  any judge of compensation claims,  or the Deputy Chief Judge
27  may hold sessions and conduct hearings at any place within the
28  state.  The Office of the Judges of Compensation Claims shall
29  maintain the 17 district offices, 31 judges of compensation
30  claims, and 31 mediators as they exist on June 30, 2001.
31         (6)  SEAL.--The department  and the judges of
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1132
    Amendment No. ___   Barcode 032818
 1  compensation claims shall have a seal upon which shall be
 2  inscribed the words "State of Florida Department of Financial
 3  Services Insurance--Seal" and "Division of Administrative
 4  Hearings--Seal," respectively, and each shall be judicially
 5  noticed.
 6         (7)  DESTRUCTION OF OBSOLETE RECORDS.--The department
 7  is expressly authorized to provide by regulation for and to
 8  destroy obsolete records of the department. The Division of
 9  Administrative Hearings is expressly authorized to provide by
10  regulation for and to destroy obsolete records of the Office
11  of the Judges of Compensation Claims.
12         (8)  PROCEDURE.--In the exercise of their duties and
13  functions requiring administrative hearings, the department
14  and the agency shall proceed in accordance with the
15  Administrative Procedure Act. The authority of the department
16  and the agency to issue orders resulting from administrative
17  hearings as provided for in this chapter shall not infringe
18  upon the jurisdiction of the judges of compensation claims.
19         Section 50.  Paragraph (b) of subsection (2) of section
20  440.45, Florida Statutes, is amended to read:
21         440.45  Office of the Judges of Compensation Claims.--
22         (2)
23         (b)  Except as provided in paragraph (c), the Governor
24  shall appoint a judge of compensation claims from a list of
25  three persons nominated by a statewide nominating commission.
26  The statewide nominating commission shall be composed of the
27  following:
28         1.  Five members, at least one of whom must be a member
29  of a minority group as defined in s. 288.703(3), one of each
30  who resides in each of the territorial jurisdictions of the
31  district courts of appeal, appointed by the Board of Governors
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1132
    Amendment No. ___   Barcode 032818
 1  of The Florida Bar from among The Florida Bar members who are
 2  engaged in the practice of law. Two of the members must be
 3  board certified in workers' compensation law by The Florida
 4  Bar and represent employers and carriers exclusively, and two
 5  of the members must be board certified in workers'
 6  compensation law by The Florida Bar and represent employees
 7  exclusively; provided, further, that no other member of the
 8  statewide nominating commission may be engaged in the practice
 9  of workers' compensation law.  On July 1, 1999, the term of
10  office of each person appointed by the Board of Governors of
11  The Florida Bar to the commission expires. The Board of
12  Governors shall appoint members who reside in the odd-numbered
13  district court of appeal jurisdictions to 4-year terms each,
14  beginning July 1, 1999, and members who reside in the
15  even-numbered district court of appeal jurisdictions to 2-year
16  terms each, beginning July 1, 1999. Thereafter, each member
17  shall be appointed for a 4-year term;
18         2.  Five electors, at least one of whom must be a
19  member of a minority group as defined in s. 288.703(3), one of
20  each who resides in each of the territorial jurisdictions of
21  the district courts of appeal, appointed by the Governor. On
22  July 1, 1999, the term of office of each person appointed by
23  the Governor to the commission expires. The Governor shall
24  appoint members who reside in the odd-numbered district court
25  of appeal jurisdictions to 2-year terms each, beginning July
26  1, 1999, and members who reside in the even-numbered district
27  court of appeal jurisdictions to 4-year terms each, beginning
28  July 1, 1999. Thereafter, each member shall be appointed for a
29  4-year term; and
30         3.  Five electors, at least one of whom must be a
31  member of a minority group as defined in s. 288.703(3), one of
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1132
    Amendment No. ___   Barcode 032818
 1  each who resides in the territorial jurisdictions of the
 2  district courts of appeal, selected and appointed by a
 3  majority vote of the other 10 members of the commission. On
 4  October 1, 1999, the term of office of each person appointed
 5  to the commission by its other members expires. A majority of
 6  the other members of the commission shall appoint members who
 7  reside in the odd-numbered district court of appeal
 8  jurisdictions to 2-year terms each, beginning October 1, 1999,
 9  and members who reside in the even-numbered district court of
10  appeal jurisdictions to 4-year terms each, beginning October
11  1, 1999. Thereafter, each member shall be appointed for a
12  4-year term.
13  
14  A vacancy occurring on the commission shall be filled by the
15  original appointing authority for the unexpired balance of the
16  term. No attorney who appears before any judge of compensation
17  claims more than four times a year is eligible to serve on the
18  statewide nominating commission. The meetings and
19  determinations of the nominating commission as to the judges
20  of compensation claims shall be open to the public.
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22  (Redesignate subsequent sections.)
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25  ================ T I T L E   A M E N D M E N T ===============
26  And the title is amended as follows:
27         On page 6, lines 15-27, delete those lines
28  
29  and insert:
30         440.44, F.S.; conforming terminology; amending
31         s. 440.45, F.S.; revising the statewide
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1132
    Amendment No. ___   Barcode 032818
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