HB 1837 2003
1	A bill to be entitled
2	An act relating to workers' compensation; amending s.
3	440.02, F.S.; revising and repealing definitions; amending
4	s. 440.05, F.S.; revising requirements relating to
5	submitting notice of election of exemption; providing that
6	an officer of a corporation who elects exemption may not
7	recover benefits and is not considered an employee for
8	purposes of determining premiums; amending s. 440.06,
9	F.S.; revising provisions relating to failure to secure
10	compensation; amending s. 440.077, F.S.; providing that a
11	corporate officer electing to be exempt may not receive
12	benefits under ch. 440, F.S.; amending s. 440.09, F.S.;
13	clarifying provisions relating to compensation for
14	subsequent injuries; providing definitions; revising
15	provisions relating to drug testing; amending s. 440.10,
16	F.S.; revising provisions relating to contractors and
17	subcontractors with regard to liability for compensation;
18	requiring subcontractors to provide evidence of workers'
19	compensation coverage or proof of exemption to a
20	contractor; deleting provisions relating to independent
21	contractors; amending s. 440.1025, F.S.; revising
22	requirements relating to workplace safety programs;
23	amending s. 440.105, F.S.; increasing criminal penalties
24	for certain violations of workers’ compensation compliance
25	requirements; amending s. 440.1051, F.S.; increasing
26	criminal penalty for false reports; amending s. 440.107,
27	F.S.; providing additional powers to the Department of
28	Insurance relating to compliance and enforcement;
29	providing penalties; amending s. 440.11, F.S.; revising
30	employer and safety consultant immunity from liability
31	provisions; amending s. 440.13, F.S.; requiring the Agency
32	for Health Care Administration to ensure establishment of
33	practice parameters for physician medical services;
34	revising provisions that provide for reimbursement
35	allowances; requiring revision of specified reimbursement
36	schedules; providing timetable for revision of schedules
37	of maximum reimbursement allowances; revising certain
38	reimbursement allowances; revising procedure for
39	determination of fee-for-service and hospital per-diem
40	schedules; amending s. 440.134, F.S.; revising provisions
41	relating to managed care arrangements; revising a
42	definition; amending s. 440.14, F.S.; revising provisions
43	relating to calculation of average weekly wage for injured
44	employees; amending s. 440.15, F.S.; providing additional
45	limitations on compensation for permanent total
46	disability; increasing payment schedule for impairment
47	benefits and providing for partial reduction under certain
48	circumstances; amending s. 440.16, F.S.; increasing the
49	limits on the amount of certain benefits paid as
50	compensation for death; amending s. 440.192, F.S.;
51	requiring a petition for benefits to include all claims
52	which are ripe, due, and owing; amending s. 440.25, F.S.;
53	revising procedures for mediation and hearings; amending
54	s. 440.34, F.S.; revising provisions relating to the award
55	of attorney's fees; amending s. 440.38, F.S.; providing
56	requirement for employers with coverage provided by
57	insurers from outside the state; amending s. 440.381,
58	F.S.; providing criminal penalty for unlawful
59	applications; amending s. 627.311, F.S.; providing for an
60	additional subplan within the joint underwriting plan for
61	workers’ compensation insurance; providing for rates,
62	surcharges, and assessments; limiting assessment powers;
63	amending s. 921.0022, F.S.; revising the offense severity
64	ranking chart to reflect changes in penalties under the
65	act; requiring a report to the Legislature from the
66	Department of Financial Services regarding provisions of
67	law relating to enforcement; providing effective dates.
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1. Subsections (15), (41, and (42) of section
72	440.02, Florida Statutes, are amended to read:
73	440.02 Definitions.--When used in this chapter, unless the
74	context clearly requires otherwise, the following terms shall
75	have the following meanings:
76	(15)(a) "Employee" means any person engaged in any
77	employment under any appointment or contract of hire or
78	apprenticeship, express or implied, oral or written, whether
79	lawfully or unlawfully employed, and includes, but is not
80	limited to, aliens and minors.
81	(b) "Employee" includes any person who is an officer of a
82	corporation and who performs services for remuneration for such
83	corporation within this state, whether or not such services are
84	continuous.
85	1. Any officer of a corporation may elect to be exempt
86	from this chapter by filing written notice of the election with
87	the department as provided in s. 440.05.
88	2. As to officers of a corporation who are actively
89	engaged in the construction industry, no more than three
90	officers may elect to be exempt from this chapter by filing
91	written notice of the election with the department as provided
92	in s. 440.05. However, any exemption obtained by a corporate
93	officer of a corporation actively engaged in the construction
94	industry is not applicable with respect to any commercial
95	building project estimated to be valued at $250,000 or greater.
96	3. An officer of a corporation who elects to be exempt
97	from this chapter by filing a written notice of the election
98	with the department as provided in s. 440.05 is not an employee.
99
100	Services are presumed to have been rendered to the corporation
101	if the officer is compensated by other than dividends upon
102	shares of stock of the corporation which the officer owns.
103	(c)1."Employee" includes a sole proprietor or a partner
104	who devotes full time to the proprietorship or partnership and,
105	except as provided in this paragraph, elects to be included in
106	the definition of employee by filing notice thereof as provided
107	in s. 440.05. Partners or sole proprietors actively engaged in
108	the construction industry are considered employees unless they
109	elect to be excluded from the definition of employee by filing
110	written notice of the election with the department as provided
111	in s. 440.05. However, no more than three partners in a
112	partnership that is actively engaged in the construction
113	industry may elect to be excluded. A sole proprietor or partner
114	who is actively engaged in the construction industry and who
115	elects to be exempt from this chapter by filing a written notice
116	of the election with the department as provided in s. 440.05 is
117	not an employee. For purposes of this chapter, an independent
118	contractor is an employee unless he or she meets all of the
119	conditions set forth in subparagraph (d)1.
120	2. Notwithstanding the provisions of subparagraph 1., the
121	term "employee" includes a sole proprietor or partner actively
122	engaged in the construction industry with respect to any
123	commercial building project estimated to be valued at $250,000
124	or greater. Any exemption obtained is not applicable, with
125	respect to work performed at such a commercial building project.
126	(d) "Employee" does not include:
127	1. An independent contractor, if:
128	a. The independent contractor maintains a separate
129	business with his or her own work facility, truck, equipment,
130	materials, or similar accommodations;
131	b. The independent contractor holds or has applied for a
132	federal employer identification number, unless the independent
133	contractor is a sole proprietor who is not required to obtain a
134	federal employer identification number under state or federal
135	requirements;
136	c. The independent contractor performs or agrees to
137	perform specific services or work for specific amounts of money
138	and controls the means of performing the services or work;
139	d. The independent contractor incurs the principal
140	expenses related to the service or work that he or she performs
141	or agrees to perform;
142	e. The independent contractor is responsible for the
143	satisfactory completion of work or services that he or she
144	performs or agrees to perform and is or could be held liable for
145	a failure to complete the work or services;
146	f. The independent contractor receives compensation for
147	work or services performed for a commission or on a per-job or
148	competitive-bid basis and not on any other basis;
149	g. The independent contractor may realize a profit or
150	suffer a loss in connection with performing work or services;
151	h. The independent contractor has continuing or recurring
152	business liabilities or obligations; and
153	i. The success or failure of the independent contractor's
154	business depends on the relationship of business receipts to
155	expenditures.
156
157	However, the determination as to whether an individual included
158	in the Standard Industrial Classification Manual of 1987,
159	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
160	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
161	or a newspaper delivery person, is an independent contractor is
162	governed not by the criteria in this paragraph but by common-law
163	principles, giving due consideration to the business activity of
164	the individual. Notwithstanding the provisions of this paragraph
165	or any other provision of this chapter, with respect to any
166	commercial building project estimated to be valued at $250,000
167	or greater, a person who is actively engaged in the construction
168	industry is not an independent contractor and is either an
169	employer or an employee who may not be exempt from the coverage
170	requirements of this chapter.
171	2. A real estate salesperson or agent, if that person
172	agrees, in writing, to perform for remuneration solely by way of
173	commission.
174	3. Bands, orchestras, and musical and theatrical
175	performers, including disk jockeys, performing in licensed
176	premises as defined in chapter 562, if a written contract
177	evidencing an independent contractor relationship is entered
178	into before the commencement of such entertainment.
179	4. An owner-operator of a motor vehicle who transports
180	property under a written contract with a motor carrier which
181	evidences a relationship by which the owner-operator assumes the
182	responsibility of an employer for the performance of the
183	contract, if the owner-operator is required to furnish the
184	necessary motor vehicle equipment and all costs incidental to
185	the performance of the contract, including, but not limited to,
186	fuel, taxes, licenses, repairs, and hired help; and the owner-
187	operator is paid a commission for transportation service and is
188	not paid by the hour or on some other time-measured basis.
189	5. A person whose employment is both casual and not in the
190	course of the trade, business, profession, or occupation of the
191	employer.
192	6. A volunteer, except a volunteer worker for the state or
193	a county, municipality, or other governmental entity. A person
194	who does not receive monetary remuneration for services is
195	presumed to be a volunteer unless there is substantial evidence
196	that a valuable consideration was intended by both employer and
197	employee. For purposes of this chapter, the term "volunteer"
198	includes, but is not limited to:
199	a. Persons who serve in private nonprofit agencies and who
200	receive no compensation other than expenses in an amount less
201	than or equivalent to the standard mileage and per-diem expenses
202	provided to salaried employees in the same agency or, if such
203	agency does not have salaried employees who receive mileage and
204	per diem, then such volunteers who receive no compensation other
205	than expenses in an amount less than or equivalent to the
206	customary mileage and per diem paid to salaried workers in the
207	community as determined by the department; and
208	b. Volunteers participating in federal programs
209	established under Pub. L. No. 93-113.
210	7. Any officer of a corporation who elects to be exempt
211	from this chapter.
212	8. A sole proprietor or officer of a corporation who
213	actively engages in the construction industry, and a partner in
214	a partnership that is actively engaged in the construction
215	industry, who elects to be exempt from the provisions of this
216	chapter. Such sole proprietor, officer, or partner is not an
217	employee for any reason until the notice of revocation of
218	election filed pursuant to s. 440.05 is effective.
219	9. An exercise rider who does not work for a single horse
220	farm or breeder, and who is compensated for riding on a case-by-
221	case basis, provided a written contract is entered into prior to
222	the commencement of such activity which evidences that an
223	employee/employer relationship does not exist.
224	10. A taxicab, limousine, or other passenger vehicle-for-
225	hire driver who operates said vehicles pursuant to a written
226	agreement with a company which provides any dispatch, marketing,
227	insurance, communications, or other services under which the
228	driver and any fees or charges paid by the driver to the company
229	for such services are not conditioned upon, or expressed as a
230	proportion of, fare revenues.
231	11. A person who performs services as a sports official
232	for an entity sponsoring an interscholastic sports event or for
233	a public entity or private, nonprofit organization that sponsors
234	an amateur sports event. For purposes of this subparagraph, such
235	a person is an independent contractor. For purposes of this
236	subparagraph, the term "sports official" means any person who is
237	a neutral participant in a sports event, including, but not
238	limited to, umpires, referees, judges, linespersons,
239	scorekeepers, or timekeepers. This subparagraph does not apply
240	to any person employed by a district school board who serves as
241	a sports official as required by the employing school board or
242	who serves as a sports official as part of his or her
243	responsibilities during normal school hours.
244	(41) "Commercial building" means any building or structure
245	intended for commercial or industrial use, or any building or
246	structure intended for multifamily use of more than four
247	dwelling units, as well as any accessory use structures
248	constructed in conjunction with the principal structure. The
249	term, "commercial building," does not include the conversion of
250	any existing residential building to a commercial building.
251	(42) "Residential building" means any building or
252	structure intended for residential use containing four or fewer
253	dwelling units and any structures intended as an accessory use
254	to the residential structure.
255	Section 2. Effective January 1, 2004, subsections (8),
256	(15), (16), and (38) of section 440.02, Florida Statutes, as
257	amended by this act, are amended to read:
258	440.02 Definitions.--When used in this chapter, unless the
259	context clearly requires otherwise, the following terms shall
260	have the following meanings:
261	(8) "Construction industry" means for-profit activities
262	involving the carrying out ofany building, clearing, filling,
263	excavation, or substantial improvement in the size or use of any
264	structure or the appearance of any land. When appropriate to the
265	context, "construction" refers to the act of construction or the
266	result of construction. However, "construction" doesshallnot
267	mean a homeowner'slandowner'sact of construction or the result
268	of a construction upon his or her own premises, provided such
269	premises are not intended to be sold,or resold, or leased by
270	the owner within 1 year after the commencement of construction.
271	The division may, by rule, establish standard industrial
272	classification codes and definitions thereof which meet the
273	criteria of the term “construction industry” as set forth in
274	this section.
275	(15)(a) "Employee" means any person who receives
276	remuneration from an employer for the performance of any work or
277	service, whether byengaged in any employment under any
278	appointment or contract forofhire or apprenticeship, express
279	or implied, oral or written, whether lawfully or unlawfully
280	employed, and includes, but is not limited to, aliens and
281	minors.
282	(b) "Employee" includes any person who is an officer of a
283	corporation and who performs services for remuneration for such
284	corporation within this state, whether or not such services are
285	continuous.
286	1. Any officer of a corporation may elect to be exempt
287	from this chapter by filing written notice of the election with
288	the department as provided in s. 440.05.
289	2. As to officers of a corporation who are actively
290	engaged in the construction industry, no more than three
291	officers of a corporation or of any group of affiliated
292	corporationsmay elect to be exempt from this chapter by filing
293	written notice of the election with the department as provided
294	in s. 440.05. Officers must be shareholders, each owning at
295	least 10 percent of the stock of such corporation and listed as
296	an officer of such corporation with the Division of Corporations
297	of the Department of State, in order to elect exemptions under
298	this chapter. For purposes of this subparagraph, the term
299	“affiliated” means and includes one or more corporations or
300	entities, any one of which is a corporation engaged in the
301	construction industry, under the same or substantially the same
302	control of a group of business entities which are connected or
303	associated so that one entity controls or has the power to
304	control each of the other business entities. The term
305	“affiliated” includes the officers, directors, executives,
306	shareholders active in management, employees, and agents of the
307	affiliated corporation. The ownership by one business entity of
308	a controlling interest in another business entity or a pooling
309	of equipment or income among business entities shall be prima
310	facie evidence that one business is affiliated with the other.
311	3. An officer of a corporation who elects to be exempt
312	from this chapter by filing a written notice of the election
313	with the department as provided in s. 440.05 is not an employee.
314
315	Services are presumed to have been rendered to the corporation
316	if the officer is compensated by other than dividends upon
317	shares of stock of the corporation which the officer owns.
318	(c) "Employee" includes:
319	1. A sole proprietor or a partner who is not engaged in
320	the construction industry,devotes full time to the
321	proprietorship or partnership, and, except as provided in this
322	paragraph,elects to be included in the definition of employee
323	by filing notice thereof as provided in s. 440.05. Partners or
324	sole proprietors actively engaged in the construction industry
325	are considered employees unless they elect to be excluded from
326	the definition of employee by filing written notice of the
327	election with the department as provided in s. 440.05. However,
328	no more than three partners in a partnership that is actively
329	engaged in the construction industry may elect to be excluded. A
330	sole proprietor or partner who is actively engaged in the
331	construction industry and who elects to be exempt from this
332	chapter by filing a written notice of the election with the
333	department as provided in s. 440.05 is not an employee. For
334	purposes of this chapter, an independent contractor is an
335	employee unless he or she meets all of the conditions set forth
336	in subparagraph (d)1.
337	2. All persons who are being paid by a construction
338	contractor as a subcontractor, unless the subcontractor has
339	validly elected an exemption as permitted by this chapter, or
340	has otherwise secured the payment of compensation coverage as a
341	subcontractor, consistent with s. 440.10, for work performed by
342	or as a subcontractor.
343	3. An independent contractor working or performing
344	services in the construction industry.
345	4. A sole proprietor who engages in the construction
346	industry and a partner or partnership that is engaged in the
347	construction industry.
348	(d) "Employee" does not include:
349	1. An independent contractor who is not engaged in the
350	construction industry., if:
351	a. In order to meet the definition of independent
352	contractor, at least four of the following criteria must be met:
353	(I) The independent contractor maintains a separate
354	business with his or her own work facility, truck, equipment,
355	materials, or similar accommodations;
356	(II) The independent contractor holds or has applied for a
357	federal employer identification number, unless the independent
358	contractor is a sole proprietor who is not required to obtain a
359	federal employer identification number under state or federal
360	regulations;
361	(III) The independent contractor receives compensation for
362	services rendered or work performed and such compensation is
363	paid to a business rather than to an individual;
364	(IV) The independent contractor holds one or more bank
365	accounts in the name of the business entity for purposes of
366	paying business expenses or other expenses related to services
367	rendered or work performed for compensation;
368	(V) The independent contractor performs work or is able to
369	perform work for any entity in addition to or besides the
370	employer at his or her own election without the necessity of
371	completing an employment application or process; or
372	(VI) The independent contractor receives compensation for
373	work or services rendered on a competitive-bid basis or
374	completion of a task or a set of tasks as defined by a
375	contractual agreement, unless such contractual agreement
376	expressly states that an employment relationship exists.The
377	independent contractor maintains a separate business with his or
378	her own work facility, truck, equipment, materials, or similar
379	accommodations;
380	b. If four of the above criteria do not exist, an
381	individual may still be presumed to be an independent contractor
382	and not an employee based on full consideration of the nature of
383	the individual situation with regard to satisfying any of the
384	following conditions:
385	(I) The independent contractor performs or agrees to
386	perform specific services or work for a specific amount of money
387	and controls the means of performing the services or work;
388	(II) The independent contractor incurs the principal
389	expenses related to the service or work that he or she performs
390	or agrees to perform;
391	(III) The independent contractor is responsible for the
392	satisfactory completion of the work or services that he or she
393	performs or agrees to perform;
394	(IV) The independent contractor receives compensation for
395	work or services performed for a commission or on a per-job
396	basis and not on any other basis;
397	(V) The independent contractor may realize a profit or
398	suffer a loss in connection with performing work or services;
399	(VI) The independent contractor has continuing or
400	recurring business liabilities or obligations; and
401	(VII) The success or failure of the independent
402	contractor’s business depends on the relationship of business
403	receipts to expenditures.The independent contractor holds or
404	has applied for a federal employer identification number, unless
405	the independent contractor is a sole proprietor who is not
406	required to obtain a federal employer identification number
407	under state or federal requirements;
408	c. Notwithstanding anything to the contrary in this
409	subparagraph, an individual claiming to be an independent
410	contractor has the burden of proving that he or she is an
411	independent contractor for purposes of this act.The independent
412	contractor performs or agrees to perform specific services or
413	work for specific amounts of money and controls the means of
414	performing the services or work;
415	d. The independent contractor incurs the principal
416	expenses related to the service or work that he or she performs
417	or agrees to perform;
418	e. The independent contractor is responsible for the
419	satisfactory completion of work or services that he or she
420	performs or agrees to perform and is or could be held liable for
421	a failure to complete the work or services;
422	f. The independent contractor receives compensation for
423	work or services performed for a commission or on a per-job or
424	competitive-bid basis and not on any other basis;
425	g. The independent contractor may realize a profit or
426	suffer a loss in connection with performing work or services;
427	h. The independent contractor has continuing or recurring
428	business liabilities or obligations; and
429	i. The success or failure of the independent contractor's
430	business depends on the relationship of business receipts to
431	expenditures.
432
433	However, the determination as to whether an individual included
434	in the Standard Industrial Classification Manual of 1987,
435	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
436	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
437	or a newspaper delivery person, is an independent contractor is
438	governed not by the criteria in this paragraph but by common-law
439	principles, giving due consideration to the business activity of
440	the individual.
441	2. A real estate salesperson or agent, if that person
442	agrees, in writing, to perform for remuneration solely by way of
443	commission.
444	3. Bands, orchestras, and musical and theatrical
445	performers, including disk jockeys, performing in licensed
446	premises as defined in chapter 562, if a written contract
447	evidencing an independent contractor relationship is entered
448	into before the commencement of such entertainment.
449	4. An owner-operator of a motor vehicle who transports
450	property under a written contract with a motor carrier which
451	evidences a relationship by which the owner-operator assumes the
452	responsibility of an employer for the performance of the
453	contract, if the owner-operator is required to furnish the
454	necessary motor vehicle equipment and all costs incidental to
455	the performance of the contract, including, but not limited to,
456	fuel, taxes, licenses, repairs, and hired help; and the owner-
457	operator is paid a commission for transportation service and is
458	not paid by the hour or on some other time-measured basis.
459	5. A person whose employment is both casual and not in the
460	course of the trade, business, profession, or occupation of the
461	employer.
462	6. A volunteer, except a volunteer worker for the state or
463	a county, municipality, or other governmental entity. A person
464	who does not receive monetary remuneration for services is
465	presumed to be a volunteer unless there is substantial evidence
466	that a valuable consideration was intended by both employer and
467	employee. For purposes of this chapter, the term "volunteer"
468	includes, but is not limited to:
469	a. Persons who serve in private nonprofit agencies and who
470	receive no compensation other than expenses in an amount less
471	than or equivalent to the standard mileage and per diem expenses
472	provided to salaried employees in the same agency or, if such
473	agency does not have salaried employees who receive mileage and
474	per diem, then such volunteers who receive no compensation other
475	than expenses in an amount less than or equivalent to the
476	customary mileage and per diem paid to salaried workers in the
477	community as determined by the department; and
478	b. Volunteers participating in federal programs
479	established under Pub. L. No. 93-113.
480	7. Unless otherwise prohibited by this chapter,any
481	officer of a corporation who elects to be exempt from this
482	chapter.
483	8. Ana sole proprietor or officer of a corporation who
484	actively engages in the construction industry, and a partner in
485	a partnership that is activelyengaged in the construction
486	industry,who elects to be exempt from the provisions of this
487	chapter, as otherwise permitted by this chapter. Such sole
488	proprietor, officer, or partneris not an employee for any
489	reason until the notice of revocation of election filed pursuant
490	to s. 440.05 is effective.
491	9. An exercise rider who does not work for a single horse
492	farm or breeder, and who is compensated for riding on a case-by-
493	case basis, provided a written contract is entered into prior to
494	the commencement of such activity which evidences that an
495	employee/employer relationship does not exist.
496	10. A taxicab, limousine, or other passenger vehicle-for-
497	hire driver who operates said vehicles pursuant to a written
498	agreement with a company which provides any dispatch, marketing,
499	insurance, communications, or other services under which the
500	driver and any fees or charges paid by the driver to the company
501	for such services are not conditioned upon, or expressed as a
502	proportion of, fare revenues.
503	11. A person who performs services as a sports official
504	for an entity sponsoring an interscholastic sports event or for
505	a public entity or private, nonprofit organization that sponsors
506	an amateur sports event. For purposes of this subparagraph, such
507	a person is an independent contractor. For purposes of this
508	subparagraph, the term "sports official" means any person who is
509	a neutral participant in a sports event, including, but not
510	limited to, umpires, referees, judges, linespersons,
511	scorekeepers, or timekeepers. This subparagraph does not apply
512	to any person employed by a district school board who serves as
513	a sports official as required by the employing school board or
514	who serves as a sports official as part of his or her
515	responsibilities during normal school hours.
516	12. Medicaid-enrolled clients under chapter 393 who are
517	excluded from the definition of employment under s.
518	443.036(21)(d)5. and served by Adult Day Training Services under
519	the Home and Community-Based Medicaid Waiver program in a
520	sheltered workshop setting licensed by the United States
521	Department of Labor for the purpose of training and earning less
522	than the federal hourly minimum wage.
523	(16)(a)"Employer" means the state and all political
524	subdivisions thereof, all public and quasi-public corporations
525	therein, every person carrying on any employment, and the legal
526	representative of a deceased person or the receiver or trustees
527	of any person. If the employer is a corporation, parties in
528	actual control of the corporation, including, but not limited
529	to, the president, officers who exercise broad corporate powers,
530	directors, and all shareholders who directly or indirectly own a
531	controlling interest in the corporation, are considered the
532	employer for the purposes of ss. 440.105 and 440.106.
533	(b) A landowner shall not be considered the employer of
534	persons hired by the homeowner to carry out construction on the
535	homeowner’s own premises if those premises are not intended for
536	immediate sale or resale.
537	(c) Facilities serving individuals under subparagraph
538	(15)(d)12. shall be considered agents of the Agency for Health
539	Care Administration as it relates to providing Adult Day
540	Training Services under the Home and Community-Based Medicaid
541	Waiver program and not employers or third parties for the
542	purpose of limiting or denying Medicaid benefits.
543	(38) "Catastrophic injury" means a permanent impairment
544	constituted by:
545	(a) Spinal cord injury involving severe paralysis of an
546	arm, a leg, or the trunk;
547	(b) Amputation of an arm, a hand, a foot, or a leg
548	involving the effective loss of use of that appendage;
549	(c) Severe brain or closed-head injury as evidenced by:
550	1. Severe sensory or motor disturbances;
551	2. Severe communication disturbances;
552	3. Severe complex integrated disturbances of cerebral
553	function;
554	4. Severe episodic neurological disorders; or
555	5. Other severe brain and closed-head injury conditions at
556	least as severe in nature as any condition provided in
557	subparagraphs 1.-4.;
558	(d) Second-degree or third-degree burns of 25 percent or
559	more of the total body surface or third-degree burns of 5
560	percent or more to the face and hands; or
561	(e) Total or industrial blindness; or
562	(f) Any other injury that would otherwise qualify under
563	this chapter of a nature and severity that would qualify an
564	employee to receive disability income benefits under Title II or
565	supplemental security income benefits under Title XVI of the
566	federal Social Security Act as the Social Security Act existed
567	on July 1, 1992, without regard to any time limitations provided
568	under that act.
569	Section 3. Effective January 1, 2004, subsections (3),
570	(6), (10), and (13) of section 440.05, Florida Statutes, are
571	amended, and subsection (14) is added to said section, to read:
572	440.05 Election of exemption; revocation of election;
573	notice; certification.--
574	(3) Each sole proprietor, partner, orofficer of a
575	corporation who is activelyengaged in the construction industry
576	and who elects an exemption from this chapter or who, after
577	electing such exemption, revokes that exemption, must mail a
578	written notice to such effect to the department on a form
579	prescribed by the department. The notice of election to be
580	exempt from the provisions of this chapter must be notarized and
581	under oath. The notice of election to be exempt which is
582	submitted to the department by the sole proprietor, partner, or
583	officer of a corporation who is allowed to claim an exemption as
584	provided by this chaptermust list the name, federal tax
585	identification number, social security number, all certified or
586	registered licenses issued pursuant to chapter 489 held by the
587	person seeking the exemption, a copy of relevant documentation
588	as to employment status filed with the Internal Revenue Service
589	as specified by the department, a copy of the relevant
590	occupational license in the primary jurisdiction of the
591	business, and, for corporate officers and partners,the
592	registration number of the corporation or partnershipfiled with
593	the Division of Corporations of the Department of State along
594	with a copy of the stock certificate evidencing the required
595	ownership under this chapter. The notice of election to be
596	exempt must identify each sole proprietorship, partnership, or
597	corporation that employs the person electing the exemption and
598	must list the social security number or federal tax
599	identification number of each such employer and the additional
600	documentation required by this section. In addition, the notice
601	of election to be exempt must provide that the sole proprietor,
602	partner, orofficer electing an exemption is not entitled to
603	benefits under this chapter, must provide that the election does
604	not exceed exemption limits for officers and partnerships
605	provided in s. 440.02, and must certify that any employees of
606	the corporation whosesole proprietor, partner, or officer
607	electselectingan exemption are covered by workers'
608	compensation insurance. Upon receipt of the notice of the
609	election to be exempt, receipt of all application fees, and a
610	determination by the department that the notice meets the
611	requirements of this subsection, the department shall issue a
612	certification of the election to the sole proprietor, partner,
613	orofficer, unless the department determines that the
614	information contained in the notice is invalid. The department
615	shall revoke a certificate of election to be exempt from
616	coverage upon a determination by the department that the person
617	does not meet the requirements for exemption or that the
618	information contained in the notice of election to be exempt is
619	invalid. The certificate of election must list the namenamesof
620	the sole proprietorship, partnership, orcorporation listed in
621	the request for exemption. A new certificate of election must be
622	obtained each time the person is employed by a new sole
623	proprietorship, partnership, or differentcorporation that is
624	not listed on the certificate of election. A copy of the
625	certificate of election must be sent to each workers'
626	compensation carrier identified in the request for exemption.
627	Upon filing a notice of revocation of election, ana sole
628	proprietor, partner, or officer who is a subcontractor or an
629	officer of a corporate subcontractormust notify her or his
630	contractor. Upon revocation of a certificate of election of
631	exemption by the department, the department shall notify the
632	workers' compensation carriers identified in the request for
633	exemption.
634	(6) A construction industry certificate of election to be
635	exempt which is issued in accordance with this section shall be
636	valid for 2 years after the effective date stated thereon. Both
637	the effective date and the expiration date must be listed on the
638	face of the certificate by the department. The construction
639	industry certificate must expire at midnight, 2 years from its
640	issue date, as noted on the face of the exemption certificate.
641	Any person who has received from the division a construction
642	industry certificate of election to be exempt which is in effect
643	on December 31, 1998, shall file a new notice of election to be
644	exempt by the last day in his or her birth month following
645	December 1, 1998. A construction industry certificate of
646	election to be exempt may be revoked before its expiration by
647	the sole proprietor, partner, orofficer for whom it was issued
648	or by the department for the reasons stated in this section. At
649	least 60 days prior to the expiration date of a construction
650	industry certificate of exemption issued after December 1, 1998,
651	the department shall send notice of the expiration date and an
652	application for renewal to the certificateholder at the address
653	on the certificate.
654	(10) Each sole proprietor, partner, orofficer of a
655	corporation who is actively engaged in the construction industry
656	and who elects an exemption from this chapter shall maintain
657	business records as specified by the division by rule, which
658	rules must include the provision that any corporation with
659	exempt officers and any partnership activelyengaged in the
660	construction industry with exempt partnersmust maintain written
661	statements of those exempted persons affirmatively acknowledging
662	each such individual's exempt status.
663	(13) Any corporate officer permitted by this chapter to
664	claimclaiming an exemption under this sectionmust be listed on
665	the records of this state's Secretary of State, Division of
666	Corporations, as a corporate officer. If the person who claims
667	an exemption as a corporate officer is not so listed on the
668	records of the Secretary of State, the individual must provide
669	to the division, upon request by the division, a notarized
670	affidavit stating that the individual is a bona fide officer of
671	the corporation and stating the date his or her appointment or
672	election as a corporate officer became or will become effective.
673	The statement must be signed under oath by both the officer and
674	the president or chief operating officer of the corporation and
675	must be notarized.The division shall issue a stop-work order
676	under s. 440.107(1) to any corporation who employs a person who
677	claims to be exempt as a corporate officer but who fails or
678	refuses to produce the documents required under this subsection
679	to the division within 3 business days after the request is
680	made.
681	(14) An officer of a corporation who elects exemption from
682	this chapter by filing a certificate of election under this
683	section may not recover benefits or compensation under this
684	chapter. For purposes of determining the appropriate premium for
685	workers' compensation coverage, carriers may not consider any
686	officer of a corporation who validly meets the requirements of
687	this section to be an employee.
688	Section 4. Section 440.06, Florida Statutes, is amended to
689	read:
690	440.06 Failure to secure compensation; effect.--Every
691	employer who fails to secure the payment of compensation, as
692	provided in s. 440.10, by failing to meet the requirements of
693	under this chapter as provided ins. 440.38 may not, in any suit
694	brought against him or her by an employee subject to this
695	chapter to recover damages for injury or death, defend such a
696	suit on the grounds that the injury was caused by the negligence
697	of a fellow servant, that the employee assumed the risk of his
698	or her employment, or that the injury was due to the comparative
699	negligence of the employee.
700	Section 5. Effective January 1, 2004, section 440.077,
701	Florida Statutes, is amended to read:
702	440.077 When a corporatesole proprietor, partner, or
703	officer rejects chapter, effect.--AnA sole proprietor, partner,
704	or officer of a corporation who is permitted to elect an
705	exemption under this chapteractively engaged in the
706	construction industryand who elects to be exempt from the
707	provisions of this chapter may not recover benefits under this
708	chapter.
709	Section 6. Subsection (1) of section 440.09, Florida
710	Statutes, is amended, and paragraph (e) is added to subsection
711	(7) of said section, to read:
712	440.09 Coverage.--
713	(1) The employer mustshallpay compensation or furnish
714	benefits required by this chapter if the employee suffers an
715	accidental compensableinjury or death arising out of work
716	performed in the course and the scope of employment. The injury,
717	its occupational cause, and any resulting manifestations or
718	disability mustshallbe established to a reasonable degree of
719	medical certainty, based onand by objective relevantmedical
720	findings, and the compensable accident must be the major
721	contributing cause of any resulting injuries. For purposes of
722	this section, “major contributing cause” means the cause which
723	is more than 50 percent responsible for the injury as compared
724	to all other causes combined for which treatment or benefits are
725	sought. In cases involving occupational disease or repetitive
726	exposure, both causation and sufficient exposure to support
727	causation must be proven by clear and convincing evidence. Pain
728	or other subjective complaints alone, in the absence of
729	objective relevant medical findings are not compensable. For
730	purposes of this section, “objective relevant medical findings”
731	are those objective findings that correlate to the subjective
732	complaints of the injured employee and are confirmed by physical
733	examination findings or diagnostic testing. Establishment of the
734	causal relationship between a compensable accident and injuries
735	for conditions that are not readily observable must be by
736	medical evidence only, as demonstrated by physical examination
737	findings or diagnostic testing. Major contributing cause must be
738	demonstrated by medical evidence only.Mental or nervous
739	injuries occurring as a manifestation of an injury compensable
740	under this section shall be demonstrated by clear and convincing
741	evidence.
742	(a) This chapter does not require any compensation or
743	benefits for any subsequent injury the employee suffers as a
744	result of an original injury arising out of and in the course of
745	employment unless the original injury is the major contributing
746	cause of the subsequent injury. Major contributing cause must be
747	demonstrated by medical evidence only.
748	(b) If an injury arising out of and in the course of
749	employment combines with a preexisting disease or condition to
750	cause or prolong disability or need for treatment, the employer
751	must pay compensation or benefits required by this chapter only
752	to the extent that the injury arising out of and in the course
753	of employment is and remains more than 50 percent responsible
754	for the injury as compared to all other causes combined and
755	thereafter remainsthe major contributing cause of the
756	disability or need for treatment. Major contributing cause must
757	be demonstrated by medical evidence only.
758	(c) Death resulting from an operation by a surgeon
759	furnished by the employer for the cure of hernia as required in
760	s. 440.15(6) shall for the purpose of this chapter be considered
761	to be a death resulting from the accident causing the hernia.
762	(d) If an accident happens while the employee is employed
763	elsewhere than in this state, which would entitle the employee
764	or his or her dependents to compensation if it had happened in
765	this state, the employee or his or her dependents are entitled
766	to compensation if the contract of employment was made in this
767	state, or the employment was principally localized in this
768	state. However, if an employee receives compensation or damages
769	under the laws of any other state, the total compensation for
770	the injury may not be greater than is provided in this chapter.
771	(7)
772	(e) As a part of rebutting any presumptions under
773	paragraph (b), the injured worker must prove the actual
774	quantitative amounts of the drug or its metabolites as measured
775	on the initial and confirmation post-accident drug tests of the
776	injured worker’s urine sample and provide additional evidence
777	regarding the absence of drug influence other than the worker’s
778	denial of being under the influence of a drug. No drug test
779	conducted on a urine sample shall be rejected as to its results
780	or the presumption imposed under paragraph (b) on the basis of
781	urine being bodily fluid tested.
782	Section 7. Effective January 1, 2004, subsection (1) of
783	section 440.10, Florida Statutes, is amended to read:
784	440.10 Liability for compensation.--
785	(1)(a) Every employer coming within the provisions of this
786	chapter, including any brought within the chapter by waiver of
787	exclusion or of exemption,shall be liable for, and shall
788	secure, the payment to his or her employees, or any physician,
789	surgeon, or pharmacist providing services under the provisions
790	of s. 440.13, of the compensation payable under ss. 440.13,
791	440.15, and 440.16. Any contractor or subcontractor who engages
792	in any public or private construction in the state shall secure
793	and maintain compensation for his or her employees under this
794	chapter as provided in s. 440.38.
795	(b) In case a contractor sublets any part or parts of his
796	or her contract work to a subcontractor or subcontractors, all
797	of the employees of such contractor and subcontractor or
798	subcontractors engaged on such contract work shall be deemed to
799	be employed in one and the same business or establishment; and
800	the contractor shall be liable for, and shall secure, the
801	payment of compensation to all such employees, except to
802	employees of a subcontractor who has secured such payment.
803	(c) A contractor shallmayrequire a subcontractor to
804	provide evidence of workers' compensation insurance or a copy of
805	his or her certificate of election. A subcontractor that is a
806	corporation and that has an officer who electselectingto be
807	exempt as permitted under this chaptera sole proprietor,
808	partner, or officer of a corporationshall provide a copy of his
809	or her certificate of exemptionelectionto the contractor.
810	(d)1. If a contractor becomes liable for the payment of
811	compensation to the employees of a subcontractor who has failed
812	to secure such payment in violation of s. 440.38, the contractor
813	or other third-party payor shall be entitled to recover from the
814	subcontractor all benefits paid or payable plus interest unless
815	the contractor and subcontractor have agreed in writing that the
816	contractor will provide coverage.
817	2. If a contractor or third-party payor becomes liable for
818	the payment of compensation to the corporate officeremployeeof
819	a subcontractor who is activelyengaged in the construction
820	industry and has elected to be exempt from the provisions of
821	this chapter, but whose election is invalid, the contractor or
822	third-party payor may recover from the claimant, partnership,or
823	corporation all benefits paid or payable plus interest, unless
824	the contractor and the subcontractor have agreed in writing that
825	the contractor will provide coverage.
826	(e) A subcontractor providing services in conjunction with
827	a contractor on the same project or contract workis not liable
828	for the payment of compensation to the employees of another
829	subcontractor or the contractor on such contract work and is not
830	protected by the exclusiveness-of-liability provisions of s.
831	440.11 from anyaction at law or in admiralty on account of
832	injury to anof such employee of another subcontractor, or of
833	the contractor, provided that:
834	1. The subcontractor has secured workers’ compensation
835	insurance for its employees or the contractor has secured such
836	insurance on behalf of the subcontractor and its employees in
837	accordance with paragraph (b).
838	2. The subcontractor’s own culpable negligence was not the
839	major contributing cause of the injury.
840	(f) If an employer fails to secure compensation as
841	required by this chapter, the department shallmayassess
842	against the employer a penalty not to exceed $5,000 for each
843	employee of that employer who is classified by the employer as
844	an independent contractor but who is found by the department to
845	not meet the criteria for an independent contractor that are set
846	forth in s. 440.02. The division shall adopt rules to administer
847	the provisions of this paragraph.
848	(g) For purposes of this section, a person is conclusively
849	presumed to be an independent contractor if:
850	1. The independent contractor provides the general
851	contractor with an affidavit stating that he or she meets all
852	the requirements of s. 440.02; and
853	2. The independent contractor provides the general
854	contractor with a valid certificate of workers' compensation
855	insurance or a valid certificate of exemption issued by the
856	department.
857
858	A sole proprietor, partner, or officer of a corporation who
859	elects exemption from this chapter by filing a certificate of
860	election under s. 440.05 may not recover benefits or
861	compensation under this chapter. An independent contractor who
862	provides the general contractor with both an affidavit stating
863	that he or she meets the requirements of s. 440.02 and a
864	certificate of exemption is not an employee under s. 440.02 and
865	may not recover benefits under this chapter. For purposes of
866	determining the appropriate premium for workers' compensation
867	coverage, carriers may not consider any person who meets the
868	requirements of this paragraph to be an employee.
869	Section 8. Section 440.1025, Florida Statutes, is amended
870	to read:
871	440.1025 Consideration of publicEmployer workplace safety
872	program in rate-setting; program requirements; rulemaking.—
873	(1) For a public or privateemployer to be eligible for
874	receipt of specific identifiable consideration under s. 627.0915
875	for a workplace safety program in the setting of rates, the
876	publicemployer must have a workplace safety program. At a
877	minimum, the program must include a written safety policy and
878	safety rules, and make provision for safety inspections,
879	preventative maintenance, safety training, first-aid, accident
880	investigation, and necessary recordkeeping. For purposes of this
881	section, "public employer" means any agency within state,
882	county, or municipal government employing individuals for
883	salary, wages, or other remuneration.The division may
884	promulgate rules for insurers to utilize in determining public
885	employer compliance with the requirements of this section.
886	(2) The division shall publicize on the Internet, and
887	shall encourage insurers to publicize, the availability of free
888	safety consultation services and safety program resources.
889	Section 9. Subsections (1), (2), (3), and (5) and
890	paragraph (f) of subsection (4) of section 440.105, Florida
891	Statutes, are amended to read:
892	440.105 Prohibited activities; reports; penalties;
893	limitations.--
894	(1)(a) Any insurance carrier, any individual self-insured,
895	any commercial or group self-insurance fund, any professional
896	practitioner licensed or regulated by the Department of Health
897	Business and Professional Regulation, except as otherwise
898	provided by law, any medical review committee as defined in s.
899	766.101, any private medical review committee, and any insurer,
900	agent, or other person licensed under the insurance code, or any
901	employee thereof, having knowledge or who believes that a
902	fraudulent act or any other act or practice which, upon
903	conviction, constitutes a felony or misdemeanor under this
904	chapter is being or has been committed shall send to the
905	Division of Insurance Fraud, Bureau of Workers' Compensation
906	Fraud, a report or information pertinent to such knowledge or
907	belief and such additional information relative thereto as the
908	bureau may require. The bureau shall review such information or
909	reports and select such information or reports as, in its
910	judgment, may require further investigation. It shall then cause
911	an independent examination of the facts surrounding such
912	information or report to be made to determine the extent, if
913	any, to which a fraudulent act or any other act or practice
914	which, upon conviction, constitutes a felony or a misdemeanor
915	under this chapter is being committed. The bureau shall report
916	any alleged violations of law which its investigations disclose
917	to the appropriate licensing agency and state attorney or other
918	prosecuting agency having jurisdiction with respect to any such
919	violations of this chapter. If prosecution by the state attorney
920	or other prosecuting agency having jurisdiction with respect to
921	such violation is not begun within 60 days of the bureau's
922	report, the state attorney or other prosecuting agency having
923	jurisdiction with respect to such violation shall inform the
924	bureau of the reasons for the lack of prosecution.
925	(b) In the absence of fraud or bad faith, a person is not
926	subject to civil liability for libel, slander, or any other
927	relevant tort by virtue of filing reports, without malice, or
928	furnishing other information, without malice, required by this
929	section or required by the bureau, and no civil cause of action
930	of any nature shall arise against such person:
931	1. For any information relating to suspected fraudulent
932	acts furnished to or received from law enforcement officials,
933	their agents, or employees;
934	2. For any information relating to suspected fraudulent
935	acts furnished to or received from other persons subject to the
936	provisions of this chapter; or
937	3. For any such information relating to suspected
938	fraudulent acts furnished in reports to the bureau, or the
939	National Association of Insurance Commissioners.
940	(2) Whoever violates any provision of this subsection
941	commits a misdemeanor of the firstseconddegree, punishable as
942	provided in s. 775.082 or s. 775.083.
943	(a) It shall be unlawful for any employer to knowingly:
944	1. Coerce or attempt to coerce, as a precondition to
945	employment or otherwise, an employee to obtain a certificate of
946	election of exemption pursuant to s. 440.05.
947	2. Discharge or refuse to hire an employee or job
948	applicant because the employee or applicant has filed a claim
949	for benefits under this chapter.
950	3. Discharge, discipline, or take any other adverse
951	personnel action against any employee for disclosing information
952	to the department or any law enforcement agency relating to any
953	violation or suspected violation of any of the provisions of
954	this chapter or rules promulgated hereunder.
955	4. Violate a stop-work order issued by the department
956	pursuant to s. 440.107.
957	(b) It shall be unlawful for any insurance entity to
958	revoke or cancel a workers' compensation insurance policy or
959	membership because an employer has returned an employee to work
960	or hired an employee who has filed a workers' compensation
961	claim.
962	(3) Whoever violates any provision of this subsection
963	commits a felonymisdemeanor of the thirdfirstdegree,
964	punishable as provided in s. 775.082,or s. 775.083, or s.
965	775.084.
966	(a) It shall be unlawful for any employer to knowingly
967	fail to update applications for coverage as required by s.
968	440.381(1) and department of Insurancerules, or to post notice
969	of coverage pursuant to s. 440.40.
970	(b) It is unlawful for any attorney or other person, in
971	his or her individual capacity or in his or her capacity as a
972	public or private employee, or for any firm, corporation,
973	partnership, or association to receive any fee or other
974	consideration or any gratuity from a person on account of
975	services rendered for a person in connection with any
976	proceedings arising under this chapter, unless such fee,
977	consideration, or gratuity is approved by a judge of
978	compensation claims or by the Deputy Chief Judge of Compensation
979	Claims.
980	(4) Whoever violates any provision of this subsection
981	commits insurance fraud, punishable as provided in paragraph
982	(f).
983	(f) If the monetary valueamountof any claim or workers'
984	compensation insurance premium involved in any violation of this
985	subsection:
986	1. Is less than $20,000, the offender commits a felony of
987	the third degree, punishable as provided in s. 775.082, s.
988	775.083, or s. 775.084.
989	2. Is $20,000 or more, but less than $100,000, the
990	offender commits a felony of the second degree, punishable as
991	provided in s. 775.082, s. 775.083, or s. 775.084.
992	3. Is $100,000 or more, the offender commits a felony of
993	the first degree, punishable as provided in s. 775.082, s.
994	775.083, or s. 775.084.
995	(5) It shall be unlawful for any attorney or other person,
996	in his or her individual capacity or in his or her capacity as a
997	public or private employee or for any firm, corporation,
998	partnership, or association, to unlawfully solicit any business
999	in and about city or county hospitals, courts, or any public
1000	institution or public place; in and about private hospitals or
1001	sanitariums; in and about any private institution; or upon
1002	private property of any character whatsoever for the purpose of
1003	making workers' compensation claims. Whoever violates any
1004	provision of this subsection commits a felony of the second
1005	thirddegree, punishable as provided in s. 775.082, s. 775.083,
1006	or s. 775.085.
1007	Section 10. Subsection (3) of section 440.1051, Florida
1008	Statutes, is amended to read:
1009	440.1051 Fraud reports; civil immunity; criminal
1010	penalties.--
1011	(3) A person who calls and, knowingly and falsely, reports
1012	workers' compensation fraud or who, in violation of subsection
1013	(2) retaliates against a person for making such report, commits
1014	is guilty of a felonymisdemeanor of the thirdfirstdegree,
1015	punishable as provided in s. 775.082,or s. 775.083, or 775.084
1016	both.
1017	Section 11. Subsections (1), (3), (5), and (6) of section
1018	440.107, Florida Statutes, are amended to read:
1019	440.107 Department powers to enforce employer compliance
1020	with coverage requirements.--
1021	(1) The Legislature finds that the failure of an employer
1022	to comply with the workers' compensation coverage requirements
1023	under this chapter poses an immediate danger to public health,
1024	safety, and welfare. The Legislature authorizes The department
1025	shalltosecure employer compliance with the workers'
1026	compensation coverage requirements under this chapterand
1027	authorizes the department to conduct investigations for the
1028	purpose of ensuring employer compliance.
1029	(3) In addition to any other powers provided by this
1030	chapter, the department is authorized to:
1031	(a) Conduct investigations for the purpose of ensuring
1032	employer compliance;
1033	(b) Enter and inspect any place of business at any
1034	reasonable time for the purpose of investigating employer
1035	compliance;
1036	(c) Examine and copy business records;
1037	(d)In discharging its duties, the department may
1038	Administer oaths and affirmations;,
1039	(e) Certify to official acts;,
1040	(f) Issue and servesubpoenas to compel the attendance of
1041	witnesses orand the production of business records,books,
1042	papers, correspondence, memoranda, and other records deemed
1043	necessary by the department as evidence in order to ensure
1044	proper compliance with the coverage provisions of this chapter;
1045	(g) Issue stop-work orders, penalty assessment orders, and
1046	any other orders necessary for the administration of this
1047	chapter;
1048	(h) Enforce the terms of a stop-work order;
1049	(i) Levy and pursue actions to recover penalties; and
1050	(j) Seek injunctions and other appropriate relief.
1051	(5)(a)Whenever the department determines that an employer
1052	who is required to secure the payment to his or her employees of
1053	the compensation provided for by this chapter has failed to do
1054	so, has materially understated or concealed payroll, has
1055	materially misrepresented or concealed an employee’s duties so
1056	as to avoid proper classification of the employee for premium
1057	calculations, or has materially misrepresented or concealed
1058	information pertinent to the computation and application of an
1059	experience rating modification factor, such failure,
1060	understatement, concealment, or misrepresentation shall subject
1061	the employer to the sanctions set forth in this section and
1062	shall be deemed an immediate serious danger to public health,
1063	safety, or welfare sufficient to justify service by the
1064	department of a stop-work order on the employer, requiring the
1065	cessation of all business operations at the place of employment
1066	or job site. If the division makes such a determination, the
1067	division shall issue a stop-work order within 72 hours. The
1068	order shall take effect upon the date of service upon the
1069	employer and shall remain in effect until the department issues
1070	an order releasing the stop-work order upon the finding that the
1071	employer has come into compliance with the coverage requirements
1072	of this chapter and paid any penalty assessed under this
1073	section, unless the employer provides evidence satisfactory to
1074	the department of having secured any necessary insurance or
1075	self-insurance and pays a civil penalty to the department, to be
1076	deposited by the department into the Workers' Compensation
1077	Administration Trust Fund, in the amount of $100 per day for
1078	each day the employer was not in compliance with this chapter.
1079	The issuance of a stop-work order pursuant to this subsection
1080	shall have no effect upon an employer’s or carrier’s duty to
1081	provide benefits under this chapter, or the employer’s and
1082	carrier’s rights under this chapter, including exclusive remedy.
1083	(b) Stop-work orders and penalty assessment orders issued
1084	under this subsection against a corporation, partnership, or
1085	sole proprietorship shall be in effect against any successor
1086	corporation or business entity that has one or more of the same
1087	principals or officers as the corporation or partnership against
1088	which the stop-work order was issued and which is engaged in the
1089	same or a related enterprise.
1090	(c) The department shall assess a penalty of $1,000 per
1091	day against an employer for each day that the employer conducts
1092	business operations that are in violation of a stop-work order.
1093	(6) In addition to the issuance of a stop-work order and
1094	any other penalties provided for in this chapter,the department
1095	may file a complaint in the circuit court in and for Leon County
1096	to enjoin any employer, who has failed to secure the payment of
1097	workers’compensation as required by this chapter, from
1098	employing individuals and from conducting business until the
1099	employer presents evidence satisfactory to the department of
1100	having secured the payment of workers’for compensation as
1101	required by this chapter and pays any administrative fine ora
1102	civil penalty assessed or owedto the department, to be
1103	deposited by the department into the Workers' Compensation
1104	Administration Trust Fund, in the amount of $100 per day for
1105	each day the employer was not in compliance with this chapter.
1106	Section 12. Subsections (1) and (3) of section 440.11,
1107	Florida Statutes, are amended to read:
1108	440.11 Exclusiveness of liability.--
1109	(1) The liability of an employer prescribed in s. 440.10
1110	shall be exclusive and in place of all other liability,
1111	including vicarious liability,of such employer to any third-
1112	party tortfeasor and to the employee, the legal representative
1113	thereof, husband or wife, parents, dependents, next of kin, and
1114	anyone otherwise entitled to recover damages from such employer
1115	at law or in admiralty on account of such injury or death,
1116	except as follows:that
1117	(a)If an employer fails to secure payment of compensation
1118	as required by this chapter, an injured employee, or the legal
1119	representative thereof in case death results from the injury,
1120	may elect to claim compensation under this chapter or to
1121	maintain an action at law or in admiralty for damages on account
1122	of such injury or death. In such action the defendant may not
1123	plead as a defense that the injury was caused by negligence of a
1124	fellow employee, that the employee assumed the risk of the
1125	employment, or that the injury was due to the comparative
1126	negligence of the employee.
1127	(b) When an employer commits an intentional tort that
1128	causes the injury or death of the employee. For purposes of this
1129	exception, an employer’s actions shall be deemed to constitute
1130	an intentional tort and not an accident only when the employee
1131	proves, by clear and convincing evidence, that:
1132	1. The employer deliberately intended to injure the
1133	employee; or
1134	2. The employer engaged in conduct that the employer knew,
1135	based on prior similar accidents or on explicit warnings
1136	specifically identifying a known danger, was certain to result
1137	in injury or death to the employee, and the employee was not
1138	aware of the risk because the danger was not apparent and the
1139	employer deliberately concealed or misrepresented the danger so
1140	as to prevent the employee from exercising informed judgment
1141	about whether to perform the work.
1142
1143	The same immunities from liability enjoyed by an employer shall
1144	extend as well to each employee of the employer when such
1145	employee is acting in furtherance of the employer's business and
1146	the injured employee is entitled to receive benefits under this
1147	chapter. Such fellow-employee immunities shall not be applicable
1148	to an employee who acts, with respect to a fellow employee, with
1149	willful and wanton disregard or unprovoked physical aggression
1150	or with gross negligence when such acts result in injury or
1151	death or such acts proximately cause such injury or death, nor
1152	shall such immunities be applicable to employees of the same
1153	employer when each is operating in the furtherance of the
1154	employer's business but they are assigned primarily to unrelated
1155	works within private or public employment. The same immunity
1156	provisions enjoyed by an employer shall also apply to any sole
1157	proprietor, partner, corporate officer or director, supervisor,
1158	or other person who in the course and scope of his or her duties
1159	acts in a managerial or policymaking capacity and the conduct
1160	which caused the alleged injury arose within the course and
1161	scope of said managerial or policymaking duties and was not a
1162	violation of a law, whether or not a violation was charged, for
1163	which the maximum penalty which may be imposed does not exceed
1164	60 days' imprisonment as set forth in s. 775.082. The immunity
1165	from liability provided in this subsection extends to county
1166	governments with respect to employees of county constitutional
1167	officers whose offices are funded by the board of county
1168	commissioners.
1169	(3) An employer's workers' compensation carrier, service
1170	agent, or safety consultant shall not be liable as a third-party
1171	tortfeasor to employees of the employer or employees of its
1172	subcontractors for assisting the employer and its
1173	subcontractors, if any,in carrying out the employer's rights
1174	and responsibilities under this chapter by furnishing any safety
1175	inspection, safety consultative service, or other safety service
1176	incidental to the workers' compensation or employers' liability
1177	coverage or to the workers' compensation or employer's liability
1178	servicing contract. Without limitation, a safety consultant may
1179	include an owner, as defined in chapter 713, or an owner’s
1180	related, affiliated, or subsidiary companies and the employees
1181	of each.The exclusion from liability under this subsection
1182	shall not apply in any case in which injury or death is
1183	proximately caused by the willful and unprovoked physical
1184	aggression, or by the negligent operation of a motor vehicle, by
1185	employees, officers, or directors of the employer's workers'
1186	compensation carrier, service agent, or safety consultant.
1187	Section 13. Paragraph (m) of subsection (1), subsection
1188	(12), and paragraph (a) of subsection (15) of section 440.13,
1189	Florida Statutes, are amended to read:
1190	440.13 Medical services and supplies; penalty for
1191	violations; limitations.--
1192	(1) DEFINITIONS.--As used in this section, the term:
1193	(m) "Medically necessary" means any medical service or
1194	medical supply which is used to identify or treat an illness or
1195	injury, is appropriate to the patient's diagnosis and status of
1196	recovery, and is consistent with the location of service, the
1197	level of care provided, and applicable practice parameters. The
1198	service should be widely accepted among practicing health care
1199	providers, based on scientific criteria, and determined to be
1200	reasonably safe. The service must not be of an experimental,
1201	investigative, or research nature, except in those instances in
1202	which prior approval of the Agency for Health Care
1203	Administration has been obtained. The Agency for Health Care
1204	Administration shall adopt rules providing for such approval on
1205	a case-by-case basis when the service or supply is shown to have
1206	significant benefits to the recovery and well-being of the
1207	patient. The agency shall ensure that applicable practice
1208	parameters are established under subsection (15) for physician
1209	medical services, including, but not limited to, pain management
1210	and psychiatric treatment.
1211	(12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
1212	REIMBURSEMENT ALLOWANCES.--
1213	(a) A three-member panel is created, consisting of the
1214	Insurance Commissioner, or the Insurance Commissioner's
1215	designee, and two members to be appointed by the Governor,
1216	subject to confirmation by the Senate, one member who, on
1217	account of present or previous vocation, employment, or
1218	affiliation, shall be classified as a representative of
1219	employers, the other member who, on account of previous
1220	vocation, employment, or affiliation, shall be classified as a
1221	representative of employees. The panel shall determine statewide
1222	schedules of maximum reimbursement allowances for medically
1223	necessary treatment, care, and attendance provided by
1224	physicians, hospitals, ambulatory surgical centers, work-
1225	hardening programs, pain programs, and durable medical
1226	equipment. The maximum reimbursement allowances for inpatient
1227	hospital care shall be based on a schedule of per diem rates, to
1228	be approved by the three-member panel no later than March 1,
1229	1994, to be used in conjunction with a precertification manual
1230	as determined by the agency. All compensable charges for
1231	hospital outpatient care shall be reimbursed at 75 percent of
1232	usual and customary charges, except as otherwise provided by
1233	this subsection. Until the three-member panel approves a
1234	schedule of per diem rates for inpatient hospital care and it
1235	becomes effective, all compensable charges for hospital
1236	inpatient care must be reimbursed at 75 percent of their usual
1237	and customary charges. Annually, the three-member panel shall
1238	adopt schedules of maximum reimbursement allowances for
1239	physicians, hospital inpatient care, hospital outpatient care,
1240	ambulatory surgical centers, work-hardening programs, and pain
1241	programs. However, the maximum percentage of increase in the
1242	individual reimbursement allowance may not exceed the percentage
1243	of increase in the Consumer Price Index for the previous year.
1244	An individual physician, hospital, ambulatory surgical center,
1245	pain program, or work-hardening program shall be reimbursed
1246	either the usual and customary charge for treatment, care, and
1247	attendance, the agreed-upon contract price,or the maximum
1248	reimbursement allowance in the appropriate schedule, whichever
1249	is less.
1250	(b) Maximum reimbursement for physicians, freestanding
1251	ambulatory surgical centers, pain programs, and work-hardening
1252	programs shall be equal to 100 percent of the reimbursement
1253	allowed by Medicare for the services provided or the medical
1254	reimbursement level adopted by the three-member panel as of
1255	January 1, 2003, whichever is greater. Effective January 1,
1256	2005, the maximum reimbursement for physicians, freestanding
1257	ambulatory surgical centers, pain programs, and work-hardening
1258	programs shall increase 5 percent per year for 5 consecutive
1259	years unless the three-member panel determines that the 5-
1260	percent annual increase would result in significant rate
1261	increases for carriers. Maximum reimbursement for surgical
1262	procedures shall be equal to 140 percent of the reimbursement
1263	allowed by Medicare for the service provided or the medical
1264	reimbursement level adopted by the three-member panel as of
1265	January 1, 2003, whichever is greater. Effective January 1,
1266	2005, the maximum reimbursement for surgical procedures shall
1267	increase 5 percent per year for 5 consecutive years unless the
1268	three-member panel determines that the 5-percent annual increase
1269	would result in significant rate increases for carriers. Payment
1270	for outpatient physical, occupational, and speech therapy
1271	provided by hospitals shall be reduced to the schedule of
1272	maximum reimbursement allowances for those services which
1273	applies to nonhospital providers. Payments for scheduled
1274	outpatient nonemergency radiological and clinical laboratory
1275	services that are not provided in conjunction with a surgical
1276	procedure shall be reduced to the maximum reimbursement
1277	allowances for those services which applies to nonhospital
1278	providers.
1279	(c)(b)As to reimbursement for a prescription medication,
1280	the reimbursement amount for a prescription shall be the average
1281	wholesale price times 1.2 plus $4.18 for the dispensing fee,
1282	except where the carrier has contracted for a lower amount. Fees
1283	for pharmaceuticals and pharmaceutical services shall be
1284	reimbursable at the applicable fee schedule amount. Where the
1285	employer or carrier has contracted for such services and the
1286	employee elects to obtain them through a provider not a party to
1287	the contract, the carrier shall reimburse at the schedule,
1288	negotiated, or contract price, whichever is lower.
1289	(d)(c)Reimbursement for all fees and other charges for
1290	such treatment, care, and attendance, including treatment, care,
1291	and attendance provided by any hospital or other health care
1292	provider, ambulatory surgical center, work-hardening program, or
1293	pain program, must not exceed the amounts provided by the
1294	uniform schedule of maximum reimbursement allowances as
1295	determined by the panel or as otherwise provided in this
1296	section. This subsection also applies to independent medical
1297	examinations performed by health care providers under this
1298	chapter. Until the three-member panel approves a uniform
1299	schedule of maximum reimbursement allowances and it becomes
1300	effective, all compensable charges for treatment, care, and
1301	attendance provided by physicians, ambulatory surgical centers,
1302	work-hardening programs, or pain programs shall be reimbursed at
1303	the lowest maximum reimbursement allowance across all 1992
1304	schedules of maximum reimbursement allowances for the services
1305	provided regardless of the place of service. In determining the
1306	uniform schedule, the panel shall first approve the data which
1307	it finds representative of prevailing charges in the state for
1308	similar treatment, care, and attendance of injured persons. Each
1309	health care provider, health care facility, ambulatory surgical
1310	center, work-hardening program, or pain program receiving
1311	workers' compensation payments shall maintain records verifying
1312	their usual charges. In establishing the uniform schedule of
1313	maximum reimbursement allowances, the panel must consider:
1314	1. The levels of reimbursement for similar treatment,
1315	care, and attendance made by other health care programs or
1316	third-party providers;
1317	2. The impact upon cost to employers for providing a level
1318	of reimbursement for treatment, care, and attendance which will
1319	ensure the availability of treatment, care, and attendance
1320	required by injured workers;
1321	3. The financial impact of the reimbursement allowances
1322	upon health care providers and health care facilities, including
1323	trauma centers as defined in s. 395.4001, and its effect upon
1324	their ability to make available to injured workers such
1325	medically necessary remedial treatment, care, and attendance.
1326	The uniform schedule of maximum reimbursement allowances must be
1327	reasonable, must promote health care cost containment and
1328	efficiency with respect to the workers' compensation health care
1329	delivery system, and must be sufficient to ensure availability
1330	of such medically necessary remedial treatment, care, and
1331	attendance to injured workers; and
1332	4. The most recent average maximum allowable rate of
1333	increase for hospitals determined by the Health Care Board under
1334	chapter 408.
1335	(e)(d)In addition to establishing the uniform schedule of
1336	maximum reimbursement allowances, the panel shall:
1337	1. Take testimony, receive records, and collect data to
1338	evaluate the adequacy of the workers' compensation fee schedule,
1339	nationally recognized fee schedules and alternative methods of
1340	reimbursement to certified health care providers and health care
1341	facilities for inpatient and outpatient treatment and care.
1342	2. Survey certified health care providers and health care
1343	facilities to determine the availability and accessibility of
1344	workers' compensation health care delivery systems for injured
1345	workers.
1346	3. Survey carriers to determine the estimated impact on
1347	carrier costs and workers' compensation premium rates by
1348	implementing changes to the carrier reimbursement schedule or
1349	implementing alternative reimbursement methods.
1350	4. Submit recommendations on or before January 1, 2003,
1351	and biennially thereafter, to the President of the Senate and
1352	the Speaker of the House of Representatives on methods to
1353	improve the workers' compensation health care delivery system.
1354
1355	The division shall provide data to the panel, including but not
1356	limited to, utilization trends in the workers' compensation
1357	health care delivery system. The division shall provide the
1358	panel with an annual report regarding the resolution of medical
1359	reimbursement disputes and any actions pursuant to s. 440.13(8).
1360	The division shall provide administrative support and service to
1361	the panel to the extent requested by the panel.
1362	(15) PRACTICE PARAMETERS.--
1363	(a) The Agency for Health Care Administration, in
1364	conjunction with the department and appropriate health
1365	professional associations and health-related organizations shall
1366	develop and shallmayadopt by rule scientifically sound
1367	practice parameters for medical procedures relevant to workers'
1368	compensation claimants. Practice parameters developed under this
1369	section must focus on identifying effective remedial treatments
1370	and promoting the appropriate utilization of health care
1371	resources. Priority must be given to those procedures that
1372	involve the greatest utilization of resources either because
1373	they are the most costly or because they are the most frequently
1374	performed. Practice parameters for treatment of the 10 top
1375	procedures associated with workers' compensation injuries,
1376	including the remedial treatment of lower-back injuries, pain
1377	management, and psychiatry, must be developed by December 31,
1378	20031994.
1379	Section 14. Paragraph (i) of subsection (1) and subsection
1380	(10) of section 440.134, Florida Statutes, are amended to read:
1381	440.134 Workers' compensation managed care arrangement.--
1382	(1) As used in this section, the term:
1383	(i) "Medical care coordinator" means a primary care
1384	provider within a provider network who is responsible for
1385	managing the medical care of an injured worker including
1386	determining other health care providers and health care
1387	facilities to which the injured employee will be referred for
1388	evaluation or treatment. A medical care coordinator shall be a
1389	physician licensed under chapter 458,oran osteopathic
1390	physician licensed under chapter 459, a chiropractic physician
1391	licensed under chapter 460, or a podiatric physician licensed
1392	under chapter 461.
1393	(10) Written procedures and methods for the management of
1394	an injured worker's medical care by a medical care coordinator
1395	including:
1396	(a) Assignment of a medical care coordinator licensed
1397	under chapter 458 or chapter 459 to manage care by physicians
1398	licensed under chapter 458 or chapter 459, a medical care
1399	coordinator licensed under chapter 460 to manage care by
1400	physicians licensed under chapter 460, and a medical care
1401	coordinator licensed under chapter 461 to manage care by
1402	physicians licensed under chapter 461 upon request by an injured
1403	employee for care by a physician licensed under chapter 458,
1404	chapter 459, chapter 460, or chapter 461.
1405	(b)(a)The mechanism for assuring that covered employees
1406	receive all initial covered services from a primary care
1407	provider participating in the provider network, except for
1408	emergency care.
1409	(c)(b)The mechanism for assuring that all continuing
1410	covered services be received from the same primary care provider
1411	participating in the provider network that provided the initial
1412	covered services, except when services from another provider are
1413	authorized by the medical care coordinator pursuant to paragraph
1414	(e)(d).
1415	(d)(c)The policies and procedures for allowing an
1416	employee one change to another provider within the same
1417	specialty and provider network as the authorized treating
1418	physician during the course of treatment for a work-related
1419	injury, if a request is made to the medical care coordinator by
1420	the employee; and requiring that special provision be made for
1421	more than one such referral through the arrangement's grievance
1422	procedures.
1423	(e)(d)The process for assuring that all referrals
1424	authorized by a medical care coordinator are made to the
1425	participating network providers, unless medically necessary
1426	treatment, care, and attendance are not available and accessible
1427	to the injured worker in the provider network.
1428	Section 15. Subsection (1) of section 440.14, Florida
1429	Statutes, is amended to read:
1430	440.14 Determination of pay.--
1431	(1) Except as otherwise provided in this chapter, the
1432	average weekly wages of the injured employee on the date of the
1433	accidentat the time of the injuryshall be taken as the basis
1434	upon which to compute compensation and shall be determined,
1435	subject to the limitations of s. 440.12(2), as follows:
1436	(a) If the injured employee has worked in the employment
1437	in which she or he was working on the date of the accidentat
1438	the time of the injury, whether for the same or another
1439	employer, during substantially the whole of 13 weeks immediately
1440	preceding the accidentinjury, her or his average weekly wage
1441	shall be one-thirteenth of the total amount of wages earned in
1442	such employment during the 13 weeks. As used in this paragraph,
1443	the term "substantially the whole of 13 weeks" means the
1444	calendarshall be deemed to mean and refer to a constructive
1445	period of 13 weeks as a whole, which shall be defined as the 13
1446	calendar weeks before the date of the accident, excluding the
1447	week during which the accident occurred.a consecutive period of
1448	91 days, andThe term "during substantially the whole of 13
1449	weeks" shall be deemed to mean during not less than 90 percent
1450	of the total customary full-timehours of employment within such
1451	period considered as a whole.
1452	(b) If the injured employee has not worked in such
1453	employment during substantially the whole of 13 weeks
1454	immediately preceding the accidentinjury, the wages of a
1455	similar employee in the same employment who has worked
1456	substantially the whole of such 13 weeks shall be used in making
1457	the determination under the preceding paragraph.
1458	(c) If an employee is a seasonal worker and the foregoing
1459	method cannot be fairly applied in determining the average
1460	weekly wage, then the employee may use, instead of the 13 weeks
1461	immediately preceding the accidentinjury, the calendar year or
1462	the 52 weeks immediately preceding the accidentinjury. The
1463	employee will have the burden of proving that this method will
1464	be more reasonable and fairer than the method set forth in
1465	paragraphs (a) and (b) and, further, must document prior
1466	earnings with W-2 forms, written wage statements, or income tax
1467	returns. The employer shall have 30 days following the receipt
1468	of this written proof to adjust the compensation rate, including
1469	the making of any additional payment due for prior weekly
1470	payments, based on the lower rate compensation.
1471	(d) If any of the foregoing methods cannot reasonably and
1472	fairly be applied, the full-time weekly wages of the injured
1473	employee shall be used, except as otherwise provided in
1474	paragraph (e) or paragraph (f).
1475	(e) If it is established that the injured employee was
1476	under 22 years of age when the accident occurredinjuredand
1477	that under normal conditions her or his wages should be expected
1478	to increase during the period of disability, the fact may be
1479	considered in arriving at her or his average weekly wages.
1480	(f) If it is established that the injured employee was a
1481	part-time worker on the date of the accidentat the time of the
1482	injury, that she or he had adopted part-time employment as a
1483	customary practice, and that under normal working conditions she
1484	or he probably would have remained a part-time worker during the
1485	period of disability, these factors shall be considered in
1486	arriving at her or his average weekly wages. For the purpose of
1487	this paragraph, the term "part-time worker" means an individual
1488	who customarily works less than the full-time hours or full-time
1489	workweek of a similar employee in the same employment.
1490	(g) If compensation is due for a fractional part of the
1491	week, the compensation for such fractional part shall be
1492	determined by dividing the weekly compensation rate by the
1493	number of days employed per week to compute the amount due for
1494	each day.
1495	Section 16. Paragraphs (b) and (f) of subsection (1), and
1496	paragraph (a) of subsection (3) of section 440.15, Florida
1497	Statutes, are amended to read:
1498	440.15 Compensation for disability.--Compensation for
1499	disability shall be paid to the employee, subject to the limits
1500	provided in s. 440.12(2), as follows:
1501	(1) PERMANENT TOTAL DISABILITY.--
1502	(b) Only A catastrophic injury as defined in s. 440.02(38)
1503	shall, in the absence of conclusive proof of a substantial
1504	earning capacity, constitute permanent total disability. In all
1505	other cases, no compensation shall be payable under paragraph
1506	(a) if the employee is engaged in, or is physically capable of
1507	engaging in, employment, including sheltered employment. In
1508	order to obtain permanent total disability benefits, the
1509	employee must establish that he or she is not able
1510	uninterruptedly to engage in any employment, including part-time
1511	sedentary employment or available sheltered employment within a
1512	50-mile radius of the employee’s residence, due to his or her
1513	physical limitation. “Sheltered employment” means work
1514	unavailable in the open labor market that is offered to the
1515	employee or which is actually performed by the employee as
1516	offered by the employer in whose employment the injured worker
1517	was engaged at the time of the accident. Such benefits shall be
1518	payable until the employee reaches age 70, notwithstanding any
1519	age limits. If the accident occurred on or after the employee
1520	reaches age 65, benefits shall be payable during the continuance
1521	of permanent total disability, not to exceed 5 years following
1522	the determination of permanent total disability.Only claimants
1523	with catastrophic injuries or who are incapable of engaging in
1524	employment, including sheltered employment as described in this
1525	paragraph,are eligible for permanent total benefits. In no
1526	other case may permanent total disability be awarded.
1527	(f)1. If permanent total disability results from injuries
1528	that occurred subsequent to June 30, 1955, and for which the
1529	liability of the employer for compensation has not been
1530	discharged under s. 440.20(11), the injured employee shall
1531	receive additional weekly compensation benefits equal to 5
1532	percent of her or his weekly compensation rate, as established
1533	pursuant to the law in effect on the date of her or his injury,
1534	multiplied by the number of calendar years since the date of
1535	injury. The weekly compensation payable and the additional
1536	benefits payable under this paragraph, when combined, may not
1537	exceed the maximum weekly compensation rate in effect at the
1538	time of payment as determined pursuant to s. 440.12(2).
1539	Entitlement to These supplemental payments shall not be paid or
1540	payable after the employee attainscease at age 62, regardless
1541	of whether or notif the employee has applied for or is
1542	ineligible to applyis eligiblefor social security benefits
1543	under 42 U.S.C. ss. 402 and 423, whether or not the employee has
1544	applied for such benefits. These supplemental benefits shall be
1545	paid by the department out of the Workers' Compensation
1546	Administration Trust Fund when the injury occurred subsequent to
1547	June 30, 1955, and before July 1, 1984. These supplemental
1548	benefits shall be paid by the employer when the injury occurred
1549	on or after July 1, 1984. Supplemental benefits are not payable
1550	for any period prior to October 1, 1974.
1551	2.a. The department shall provide by rule for the periodic
1552	reporting to the department of all earnings of any nature and
1553	social security income by the injured employee entitled to or
1554	claiming additional compensation under subparagraph 1. Neither
1555	the department nor the employer or carrier shall make any
1556	payment of those additional benefits provided by subparagraph 1.
1557	for any period during which the employee willfully fails or
1558	refuses to report upon request by the department in the manner
1559	prescribed by such rules.
1560	b. The department shall provide by rule for the periodic
1561	reporting to the employer or carrier of all earnings of any
1562	nature and social security income by the injured employee
1563	entitled to or claiming benefits for permanent total disability.
1564	The employer or carrier is not required to make any payment of
1565	benefits for permanent total disability for any period during
1566	which the employee willfully fails or refuses to report upon
1567	request by the employer or carrier in the manner prescribed by
1568	such rules or if any employee who is receiving permanent total
1569	disability benefits refuses to apply for or cooperate with the
1570	employer or carrier in applying for social security benefits.
1571	3. When an injured employee receives a full or partial
1572	lump-sum advance of the employee's permanent total disability
1573	compensation benefits, the employee's benefits under this
1574	paragraph shall be computed on the employee's weekly
1575	compensation rate as reduced by the lump-sum advance.
1576	(3) PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
1577	(a) Impairment benefits.--
1578	1. Once the employee has reached the date of maximum
1579	medical improvement, impairment benefits are due and payable
1580	within 20 days after the carrier has knowledge of the
1581	impairment.
1582	2. The three-member panel, in cooperation with the
1583	department, shall establish and use a uniform permanent
1584	impairment rating schedule. This schedule must be based on
1585	medically or scientifically demonstrable findings as well as the
1586	systems and criteria set forth in the American Medical
1587	Association's Guides to the Evaluation of Permanent Impairment;
1588	the Snellen Charts, published by American Medical Association
1589	Committee for Eye Injuries; and the Minnesota Department of
1590	Labor and Industry Disability Schedules. The schedule should be
1591	based upon objective findings. The schedule shall be more
1592	comprehensive than the AMA Guides to the Evaluation of Permanent
1593	Impairment and shall expand the areas already addressed and
1594	address additional areas not currently contained in the guides.
1595	On August 1, 1979, and pending the adoption, by rule, of a
1596	permanent schedule, Guides to the Evaluation of Permanent
1597	Impairment, copyright 1977, 1971, 1988, by the American Medical
1598	Association, shall be the temporary schedule and shall be used
1599	for the purposes hereof. For injuries after July 1, 1990,
1600	pending the adoption by rule of a uniform disability rating
1601	agency schedule, the Minnesota Department of Labor and Industry
1602	Disability Schedule shall be used unless that schedule does not
1603	address an injury. In such case, the Guides to the Evaluation of
1604	Permanent Impairment by the American Medical Association shall
1605	be used. Determination of permanent impairment under this
1606	schedule must be made by a physician licensed under chapter 458,
1607	a doctor of osteopathic medicine licensed under chapters 458 and
1608	459, a chiropractic physician licensed under chapter 460, a
1609	podiatric physician licensed under chapter 461, an optometrist
1610	licensed under chapter 463, or a dentist licensed under chapter
1611	466, as appropriate considering the nature of the injury. No
1612	other persons are authorized to render opinions regarding the
1613	existence of or the extent of permanent impairment.
1614	3. All impairment income benefits shall be based on an
1615	impairment rating using the impairment schedule referred to in
1616	subparagraph 2. Impairment income benefits are paid weekly at a
1617	the rate equal toof 50 percent ofthe employee's average weekly
1618	temporary total disability benefit not to exceed the maximum
1619	weekly benefit under s. 440.12; provided, however, that such
1620	benefits shall be reduced by 50 percent for each week in which
1621	the employee has earned income equal to, or in excess of, the
1622	employee’s average weekly wage. An employee's entitlement to
1623	impairment income benefits begins the day after the employee
1624	reaches maximum medical improvement or the expiration of
1625	temporary benefits, whichever occurs earlier, and continues
1626	until the earlier of:
1627	a. The expiration of a period computed at the rate of 3
1628	weeks for each percentage point of impairment; or
1629	b. The death of the employee.
1630	4. After the employee has been certified by a doctor as
1631	having reached maximum medical improvement or 6 weeks before the
1632	expiration of temporary benefits, whichever occurs earlier, the
1633	certifying doctor shall evaluate the condition of the employee
1634	and assign an impairment rating, using the impairment schedule
1635	referred to in subparagraph 2. Compensation is not payable for
1636	the mental, psychological, or emotional injury arising out of
1637	depression from being out of work. If the certification and
1638	evaluation are performed by a doctor other than the employee's
1639	treating doctor, the certification and evaluation must be
1640	submitted to the treating doctor, and the treating doctor must
1641	indicate agreement or disagreement with the certification and
1642	evaluation. The certifying doctor shall issue a written report
1643	to the department, the employee, and the carrier certifying that
1644	maximum medical improvement has been reached, stating the
1645	impairment rating, and providing any other information required
1646	by the department by rule. If the employee has not been
1647	certified as having reached maximum medical improvement before
1648	the expiration of 102 weeks after the date temporary total
1649	disability benefits begin to accrue, the carrier shall notify
1650	the treating doctor of the requirements of this section.
1651	5. The carrier shall pay the employee impairment income
1652	benefits for a period based on the impairment rating.
1653	6. The department may by rule specify forms and procedures
1654	governing the method of payment of wage loss and impairment
1655	benefits for dates of accidents before January 1, 1994, and for
1656	dates of accidents on or after January 1, 1994.
1657	Section 17. Subsections (1) and (7) of section 440.16,
1658	Florida Statutes, are amended to read:
1659	440.16 Compensation for death.--
1660	(1) If death results from the accident within 1 year
1661	thereafter or follows continuous disability and results from the
1662	accident within 5 years thereafter, the employer shall pay:
1663	(a) Within 14 days after receiving the bill, actual
1664	funeral expenses not to exceed $10,000$5,000.
1665	(b) Compensation, in addition to the above, in the
1666	following percentages of the average weekly wages to the
1667	following persons entitled thereto on account of dependency upon
1668	the deceased, and in the following order of preference, subject
1669	to the limitation provided in subparagraph 2., but such
1670	compensation shall be subject to the limits provided in s.
1671	440.12(2), shall not exceed $200,000$100,000, and may be less
1672	than, but shall not exceed, for all dependents or persons
1673	entitled to compensation, 662/3 percent of the average wage:
1674	1. To the spouse, if there is no child, 50 percent of the
1675	average weekly wage, such compensation to cease upon the
1676	spouse's death.
1677	2. To the spouse, if there is a child or children, the
1678	compensation payable under subparagraph 1. and, in addition,
1679	162/3 percent on account of the child or children. However, when
1680	the deceased is survived by a spouse and also a child or
1681	children, whether such child or children are the product of the
1682	union existing at the time of death or of a former marriage or
1683	marriages, the judge of compensation claims may provide for the
1684	payment of compensation in such manner as may appear to the
1685	judge of compensation claims just and proper and for the best
1686	interests of the respective parties and, in so doing, may
1687	provide for the entire compensation to be paid exclusively to
1688	the child or children; and, in the case of death of such spouse,
1689	331/3 percent for each child. However, upon the surviving
1690	spouse's remarriage, the spouse shall be entitled to a lump-sum
1691	payment equal to 26 weeks of compensation at the rate of 50
1692	percent of the average weekly wage as provided in s. 440.12(2),
1693	unless the $200,000$100,000limit provided in this paragraph is
1694	exceeded, in which case the surviving spouse shall receive a
1695	lump-sum payment equal to the remaining available benefits in
1696	lieu of any further indemnity benefits. In no case shall a
1697	surviving spouse's acceptance of a lump-sum payment affect
1698	payment of death benefits to other dependents.
1699	3. To the child or children, if there is no spouse, 331/3
1700	percent for each child.
1701	4. To the parents, 25 percent to each, such compensation
1702	to be paid during the continuance of dependency.
1703	5. To the brothers, sisters, and grandchildren, 15 percent
1704	for each brother, sister, or grandchild.
1705	(c) To the surviving spouse, payment of postsecondary
1706	student fees for instruction at any area technical center
1707	established under s. 1001.44 for up to 1,800 classroom hours or
1708	payment of student fees at any community college established
1709	under part III of chapter 1004 for up to 80 semester hours. The
1710	spouse of a deceased state employee shall be entitled to a full
1711	waiver of such fees as provided in ss. 1009.22 and 1009.23 in
1712	lieu of the payment of such fees. The benefits provided for in
1713	this paragraph shall be in addition to other benefits provided
1714	for in this section and shall terminate 7 years after the death
1715	of the deceased employee, or when the total payment in eligible
1716	compensation under paragraph (b) has been received. To qualify
1717	for the educational benefit under this paragraph, the spouse
1718	shall be required to meet and maintain the regular admission
1719	requirements of, and be registered at, such area technical
1720	center or community college, and make satisfactory academic
1721	progress as defined by the educational institution in which the
1722	student is enrolled.
1723	(7) Compensation under this chapter to aliens not
1724	residents (or about to become nonresidents) of the United States
1725	or Canada shall be the same in amount as provided for residents,
1726	except that dependents in any foreign country shall be limited
1727	to surviving spouse and child or children, or if there be no
1728	surviving spouse or child or children, to surviving father or
1729	mother whom the employee has supported, either wholly or in
1730	part, for the period of 1 year prior to the date of the injury,
1731	and except that the judge of compensation claims may, at the
1732	option of the judge of compensation claims, or upon the
1733	application of the insurance carrier, commute all future
1734	installments of compensation to be paid to such aliens by paying
1735	or causing to be paid to them one-half of the commuted amount of
1736	such future installments of compensation as determined by the
1737	judge of compensation claims, and provided further that
1738	compensation to dependents referred to in this subsection shall
1739	in no case exceed $100,000$50,000.
1740	Section 18. Subsection (9) is added to section 440.192,
1741	Florida Statutes, to read:
1742	440.192 Procedure for resolving benefit disputes.--
1743	(9) A petition for benefits must contain claims for all
1744	benefits that are ripe, due, and owing on the date the petition
1745	is filed.
1746	Section 19. Section 440.25, Florida Statutes, is amended
1747	to read:
1748	440.25 Procedures for mediation and hearings.--
1749	(1) Within 15090days after a petition for benefits is
1750	filed under s. 440.192, a mediation conference concerning such
1751	petition shall be held. Within 40 days after such petition is
1752	filed,The judge of compensation claims shall notify the
1753	interested parties by order that a mediation conference
1754	concerning such petition will be held unless the parties have
1755	notified the Office of the Judges of Compensation Claims that a
1756	mediation has been held. Such order shallmust give the date on
1757	by which a mandatory statethe mediation conference shallmust
1758	be held. Such orderandmay be served personally upon the
1759	interested parties or may be sent to the interested parties by
1760	mail. The mediator may excuse the appearance of a represented
1761	party and the representative for the employer and carrier, and
1762	may permit the appearance of a party and the representative for
1763	the employer and carrier by telephone or, if agreed to by the
1764	parties, other electronic means, upon written request and at the
1765	mediator’s discretion. It is the duty of the party requesting
1766	appearance by telephone or other electronic means to ensure that
1767	facilities and all necessary electronic equipment are arranged
1768	at its expense and that the means are readily available to
1769	prepare, execute, and exchange documents, stipulations,
1770	agreements, and other pleadings without unreasonable delay. If a
1771	party or its counsel has a conflict with the date on which the
1772	mandatory state mediation is scheduled by order of the judge of
1773	compensation claims, counsel or the party alleging the conflict,
1774	if unrepresented, shall, within 21 days after the date of the
1775	initial notice, advise the state mediator’s office in writing of
1776	the conflict and contact the state mediator’s office by
1777	telephone to reschedule the mediation to a date within the
1778	timeframe set forth in this subsection.
1779	(2)(a) The parties, upon request, shall exchange the
1780	following documents within their actual or constructive control
1781	within 30 days before the date of any mediation unless
1782	previously produced:
1783	1. The employee’s 13-week wage statement together with
1784	information regarding the receipt and value of fringe benefits
1785	and the date of any suspension of same.
1786	2. Payroll records since the date of the accident.
1787	3. All medical records and reports related to the work
1788	injury or disability claimed which relate to the claim or
1789	defenses.
1790	4. A payout sheet, excluding work product, investigative
1791	information, and payment for attorney’s fees.
1792	5. Statements, written or otherwise recorded, and not
1793	privileged.
1794	6. All offers of employment and corresponding job
1795	descriptions.
1796	7. Any and all documentation concerning the employer’s
1797	communication with the employee about returning to work.
1798	8. Any and all documents relating to recommended future
1799	medical treatment based on medical opinions pursuant to s.
1800	440.13(9)(b).
1801	(b) Failure to comply with the requirements of paragraph
1802	(a) shall result in the exclusion at any future final hearing on
1803	the issues contained in the petitions for benefits filed prior
1804	to the date of the mediation of the documents not timely
1805	provided and other sanctions deemed appropriate by the judge.
1806	Mandatory exchange of documents is required unless a stipulation
1807	is entered into that such documents are immaterial to the
1808	disputed issue.
1809	(c) No less than 30 days prior to any mediation, the
1810	employee shall make a specific written demand for settlement of
1811	the issues which remain outstanding, and may make a written
1812	demand for settlement of the case, which contains sufficient
1813	explanation and supporting documentation to enable the employer
1814	and carrier and its counsel, if any, to evaluate the demand for
1815	settlement.
1816	(d) The employer and carrier and its counsel, if any,
1817	receiving the demand shall respond in writing within 15 working
1818	days to the specific written demand for settlement of the
1819	issues.
1820	(3) Mediations, including those that have previously been
1821	rescheduled due to conflict pursuant to subsection (1), may be
1822	rescheduled one additional time to a date within the timeframe
1823	set forth in subsection (1) or for no more than an additional 30
1824	days beyond the timeframe set forth in subsection (1) by written
1825	stipulation of the parties. Otherwise, all mediations may be
1826	continued by order of the judge of compensation claims at his or
1827	her discretion. To obtain such an order, a motion for
1828	continuance must be filed stating the reason for the requested
1829	continuance, the date that the order originally scheduling the
1830	state mediation was mailed, and whether mediation had been
1831	continued previously and, if so, the number of times. The
1832	proposed order on the motion must contain a blank space so that
1833	a new mediation conference date may be assigned.The claimant or
1834	the adjuster of the employer or carrier may, at the mediator's
1835	discretion, attend the mediation conference by telephone or, if
1836	agreed to by the parties, other electronic means. A continuance
1837	may be granted if the requesting party demonstrates to the judge
1838	of compensation claims that the reason for requesting the
1839	continuance arises from circumstances beyond the party's
1840	control. Any order granting a continuance must set forth the
1841	date of the rescheduled mediation conference.A mediation
1842	conference may not be used solely for the purpose of mediating
1843	attorney's fees.
1844	(4) State and private mediations may be canceled if all
1845	issues other than attorney’s fees have been settled or resolved,
1846	the petitions for benefits have been dismissed or withdrawn, or
1847	the state mediation conference has been waived by order of the
1848	chief judge. State mediations may also be canceled if the
1849	parties have filed a notice with the judge of compensation
1850	claims at least 15 days prior to the state mediation
1851	substituting private mediation for the mandatory state
1852	mediation. The notice shall include the name of the private
1853	mediator and the date and time of the private mediation.
1854	(5)(a) The notice substituting private mediation for state
1855	mediation shall include language stipulating that the parties
1856	agree to be bound by the applicable rules and statutes
1857	pertaining to state mediations, including the filing by the
1858	private mediator of a mediator’s report pursuant to rule
1859	4.310(e), Florida Rules of Workers' Compensation Procedure. The
1860	notice shall state that the private mediation may only be
1861	continued or rescheduled pursuant to subsection (3) and that
1862	claimant's counsel is responsible for ensuring that a mediator’s
1863	report is filed within 10 days after the conclusion of the
1864	private mediation conference.
1865	(b) If a notice is filed substituting private mediation for
1866	mandatory state mediation or the parties agree to hold a private
1867	mediation conference, such private mediation conference shall be
1868	at the carrier's expense. The mediation conference shall be
1869	conducted by a mediator certified under s. 44.106. If the
1870	parties do not agree upon a rescheduled mediation date pursuant
1871	to the timeframe requirements set forth in subsections (1) and
1872	(3) or the parties to not agree to a private mediator within 20
1873	days after the date of a notice substituting private mediation
1874	for mandatory state mediation, the employee or his or her
1875	counsel shall notify the judge of compensation claims in writing
1876	and the judge shall appoint a private mediator within 7 days
1877	after the judge is notified. The terms and requirements for
1878	state and private mediation, including the timeframe
1879	requirements set forth in subsections (1) and (3), shall remain
1880	in full force and effect and the parties shall comply with the
1881	terms thereof.
1882	(2) Any party who participates in a mediation conference
1883	shall not be precluded from requesting a hearing following the
1884	mediation conference should both parties not agree to be bound
1885	by the results of the mediation conference. A mediation
1886	conference is required to be held unless this requirement is
1887	waived by the Deputy Chief Judge. No later than 3 days prior to
1888	the mediation conference, all parties must submit any applicable
1889	motions, including, but not limited to, a motion to waive the
1890	mediation conference, to the judge of compensation claims.
1891	(6)(3)(a)Such mediation conference shall be conducted
1892	informally and does not require the use of formal rules of
1893	evidence or procedure. Any information from the files, reports,
1894	case summaries, mediator's notes, or other communications or
1895	materials, oral or written, relating to a mediation conference
1896	under this section obtained by any person performing mediation
1897	duties is privileged and confidential and may not be disclosed
1898	without the written consent of all parties to the conference.
1899	Any research or evaluation effort directed at assessing the
1900	mediation program activities or performance must protect the
1901	confidentiality of such information. Each party to a mediation
1902	conference has a privilege during and after the conference to
1903	refuse to disclose and to prevent another from disclosing
1904	communications made during the conference whether or not the
1905	contested issues are successfully resolved. This subsection and
1906	paragraphs (9)(4)(a) and (b) shall not be construed to prevent
1907	or inhibit the discovery or admissibility of any information
1908	that is otherwise subject to discovery or that is admissible
1909	under applicable law or rule of procedure, except that any
1910	conduct or statements made during a mediation conference or in
1911	negotiations concerning the conference are inadmissible in any
1912	proceeding under this chapter.
1913	(a)1. Unless the parties conduct a private mediation under
1914	subparagraph 2., mediation shall be conducted by a mediator
1915	selected by the Chief Judge of Compensation ClaimsDirector of
1916	the Division of Administrative Hearingsfrom among mediators
1917	employed on a full-time basis by the Office of the Judges of
1918	Compensation Claims. A mediator must be a member of The Florida
1919	Bar for at least 5 years,andmust complete a mediation training
1920	program approved by the Chief Judge of Compensation Claims, and
1921	must possess a minimum of 5 years' experience in the full-time
1922	practice of workers' compensation lawDirector of the Division
1923	of Administrative Hearings. Adjunct mediators may be employed by
1924	the Office of the Judges of Compensation Claims on an as-needed
1925	basis and shall be selected from a list prepared by the Chief
1926	Judge of Compensation ClaimsDirector of the Division of
1927	Administrative Hearings. An adjunct mediator must be independent
1928	of all parties participating in the mediation conference. An
1929	adjunct mediator must be a member of The Florida Bar for at
1930	least 5 years, must possess a minimum of 5 years' experience in
1931	the full-time practice of Florida workers' compensation law, and
1932	must complete a mediation training program approved by the Chief
1933	Judge of Compensation ClaimsDirector of the Division of
1934	Administrative Hearings. An adjunct mediator shall have access
1935	to the office, equipment, and supplies of the judge of
1936	compensation claims in each district.
1937	(b)2. With respect to any mediation occurring on or after
1938	January 1, 2003, if the parties agree or if mediators are not
1939	available under subparagraph 1. to conduct the required
1940	mediation within the period specified in this section, the
1941	parties shall hold a mediation conference at the carrier's
1942	expense within the 90-day period set for mediation. The
1943	mediation conference shall be conducted by a mediator certified
1944	under s. 44.106. If the parties do not agree upon a mediator
1945	within 10 days after the date of the order, the claimant shall
1946	notify the judge in writing and the judge shall appoint a
1947	mediator under this subparagraph within 7 days.In the event
1948	both parties agree, the results of the mediation conference
1949	shall be binding and neither party shall have a right to appeal
1950	the results. In the event either party refuses to agree to the
1951	results of the mediation conference, the results of the
1952	mediation conference as well as the testimony, witnesses, and
1953	evidence presented at the conference shall not be admissible at
1954	any subsequent proceeding on the claim. The mediator shall not
1955	be called in to testify or give deposition to resolve any claim
1956	for any hearing before the judge of compensation claims. The
1957	employer may be represented by an attorney at the mediation
1958	conference if the employee is also represented by an attorney at
1959	the mediation conference.
1960	(7)(a) After receiving notice of impasse from the mediator, the
1961	judge of compensation claims shall hold a live pretrial hearing.
1962	The judge of compensation claims shall give the parties at least
1963	7 days' notice of the pretrial hearing and, unless the judge of
1964	compensation claims indicates otherwise, the pretrial hearing
1965	shall be held in the county where the office of the judge of
1966	compensation claims is located. A pretrial hearing may be
1967	continued with prior approval of the judge of compensation
1968	claims.
1969	(b) The parties may submit their pretrial stipulations by mail
1970	when represented by counsel and with leave of the judge of
1971	compensation claims; however, the parties or their legal counsel
1972	shall appear at any live pretrial hearing.
1973	(c) If a party or a party’s attorney fails to attend the
1974	pretrial hearing without good cause, the judge may dismiss the
1975	petition or claim, strike defenses, or take such other action as
1976	may be authorized by law or rule 4.150, Florida Rules of
1977	Workers' Compensation Procedure.
1978	(d) At the pretrial hearing, the parties shall:
1979	1. State and simplify the claims, defense, and issues.
1980	2. Stipulate and admit to such facts and documents as will
1981	avoid unnecessary proof.
1982	3. Present, examine, and mark all exhibits for identification,
1983	including all impeachment and rebuttal exhibits.
1984	4. Furnish the opposing party with the names and addresses of
1985	all witnesses, including impeachment and rebuttal witnesses. A
1986	party may be required by the judge of compensation claims to
1987	provide a statement of subject matter of the expected testimony
1988	of one or more witnesses.
1989	5. Exchange all available written reports of experts when
1990	expert opinion is offered at trial. The reports shall clearly
1991	disclose the expert opinion and its basis on all subjects on
1992	which the expert will testify. If stipulated into evidence, the
1993	reports shall be presented to the judge of compensation claims
1994	to be so marked. The parties shall consider and determine a
1995	limitation of the number of expert witnesses.
1996	6. Estimate time of trial and schedule the final hearing.
1997	7. Consider and determine, as appropriate, such other matters
1998	as may aid in the disposition of the case, including, but not
1999	limited to, referral to additional mediation or appointment of
2000	an expert medical advisor pursuant to s. 440.13(9)(c).
2001	(e) Final witness lists, final exhibit lists, supplements, and
2002	amendments to the pretrial stipulation shall be served no later
2003	than 30 days before the final hearing. Witness lists, exhibit
2004	lists, supplements, and amendments to be filed less than 30 days
2005	before the final hearing must be approved by the judge or
2006	stipulated to by the parties. A motion seeking such approval is
2007	a procedural motion.
2008	(f) At the discretion of the judge and on filing and service of
2009	motion and notice of hearing not less than 5 days before the
2010	date of the pretrial hearing, procedural motions may also be
2011	heard at the pretrial hearing.
2012	(g) The judge shall record the pretrial hearing by stenographer
2013	or electronic means at the request of any party or by a written
2014	stipulation signed by the parties.
2015	(h)1. At the request of any party, or by his or her own motion,
2016	the judge promptly shall enter an order reciting the actions
2017	taken at the pretrial hearing and the agreements made by the
2018	parties about any of the matters considered and limiting the
2019	issues for trial to those not disposed of by admissions or
2020	stipulations of the parties.
2021	2. The order may control the subsequent course of action, in
2022	the discretion of the judge, unless the judge modifies it to
2023	prevent injustice.
2024	3. The judge shall serve the order on the attorneys for the
2025	parties and on any party not represented by counsel.
2026	4. Unless otherwise specified in the notice of hearing, the
2027	judge may consider and determine all issues pending as of the
2028	date of the pretrial hearing.
2029	(8) Upon the motion of the judge of compensation claims or on
2030	the motion of any party, the judge of compensation claims may
2031	consolidate any petitions for benefits filed 30 days before the
2032	scheduled mediation with any pending petitions for benefits for
2033	purposes of a hearing or for any other purpose. Any hearing on a
2034	consolidation must be held no later than 10 days before the
2035	mediation. Only petitions for benefits filed 30 days before the
2036	mediation date are ripe, due, and owing for the final hearing.
2037	(b) The parties shall complete the pretrial stipulations
2038	before the conclusion of the mediation conference if the claims,
2039	except for attorney's fees and costs, have not been settled and
2040	if any claims in any filed petition remain unresolved. The judge
2041	of compensation claims may impose sanctions against a party or
2042	both parties for failing to complete the pretrial stipulations
2043	before the conclusion of the mediation conference.
2044	(9)(4)(a) If the parties fail to agree upon written
2045	submission of pretrial stipulations at the mediation conference,
2046	the judge of compensation claims shall order a pretrial hearing
2047	to occur within 14 days after the date of mediation ordered by
2048	the judge of compensation claims. The judge of compensation
2049	claims shall give the interested parties at least 7 days'
2050	advance notice of the pretrial hearing by mail.At the pretrial
2051	hearing, the judge of compensation claims shall, subject to
2052	paragraph (b), set a date for the final hearing that allows the
2053	parties at least 60 days to conduct discovery unless the parties
2054	consent to an earlier hearing date.
2055	(b) A continuance of the final hearing must be held and
2056	concluded within 90 days after the mediation conference is held.
2057	Continuances may be granted when the reason for requesting the
2058	continuance arises from circumstances beyond the party's
2059	control, when appropriate in the discretion ofonly if the
2060	requesting party demonstrates tothe judge of compensation
2061	claims, or by agreement of the parties; however, any continuance
2062	to a date greater than 150 days after the date of initial
2063	mediation shall require the written consent of the claimantthat
2064	the reason for requesting the continuance arises from
2065	circumstances beyond the party's control. The written consent of
2066	the claimant must be obtained before any request from a
2067	claimant's attorney is granted for an additional continuance
2068	after the initial continuance has been granted. Any order
2069	granting a continuance must set forth the date and time of the
2070	rescheduled hearing. A continuance may be granted only if the
2071	requesting party demonstrates to the judge of compensation
2072	claims that the reason for requesting the continuance arises
2073	from circumstances beyond the control of the parties. The judge
2074	of compensation claims shall report any grant of two or more
2075	continuances to the Deputy Chief Judge.
2076	(c) The judge of compensation claims shall give the
2077	interested parties at least 7 days' advance notice of the final
2078	hearing, served upon the interested parties by mail.
2079	(d) The final hearing shall be held within 210 days after
2080	receipt of the petition for benefitsin the county where the
2081	injury occurred, if the injury occurred in this state, unless
2082	otherwise agreed to between the parties and authorized by the
2083	judge of compensation claims in the county where the injury
2084	occurred. If the injury occurred outside the state and is one
2085	for which compensation is payable under this chapter, then the
2086	final hearing may be held in the county of the employer's
2087	residence or place of business, or in any other county of the
2088	state that will, in the discretion of the DeputyChief Judge, be
2089	the most convenient for a hearing. If the employee has been
2090	involved in one or more claimed injuries in different venues
2091	that have been the subject of a motion to consolidate, the
2092	hearing shall be held in the county in which the employer of the
2093	first injury in time resides, in any other county of the state
2094	that will, in the discretion of the Chief Judge, be the most
2095	convenient for a hearing, or in the county agreed upon by the
2096	parties.The final hearing shall be conducted by a judge of
2097	compensation claims, who shall, within 30 days after final
2098	hearing or closure of the hearing record, unless otherwise
2099	agreed by the parties, enter a final order on the merits of the
2100	disputed issues. The judge of compensation claims may enter an
2101	abbreviated final order in cases in which compensability is not
2102	disputed. Either party may request separate findings of fact and
2103	conclusions of law. At the final hearing, the claimant and
2104	employer may each present evidence with respect to the claims
2105	presented by the petition for benefits and may be represented by
2106	any attorney authorized in writing for such purpose. When there
2107	is a conflict in the medical evidence submitted at the hearing,
2108	the provisions of s. 440.13 shall apply. The report or testimony
2109	of the expert medical advisor shall be made a part of the record
2110	of the proceeding and shall be given the same consideration by
2111	the judge of compensation claims as is accorded other medical
2112	evidence submitted in the proceeding; and all costs incurred in
2113	connection with such examination and testimony may be assessed
2114	as costs in the proceeding, subject to the provisions of s.
2115	440.13. No judge of compensation claims may make a finding of a
2116	degree of permanent impairment that is greater than the greatest
2117	permanent impairment rating given the claimant by any examining
2118	or treating physician, except upon stipulation of the parties.
2119	Any benefit due but not raised at the final hearing which was
2120	ripe, due, or owing at the time of the final hearing is waived.
2121	(e) Co-counsel or any successor attorney shall file a
2122	notice of appearance in accordance with the Florida Rules of
2123	Workers' Compensation Procedure. Substitution of counsel may be
2124	made:
2125	1. By the filing and service of a stipulation, which does
2126	not require the approval of the judge; or
2127	2. By motion, which requires approval of the judge.
2128	(f) An attorney of record shall remain the attorney of
2129	record and not be permitted to withdraw unless:
2130	1. The attorney files a written motion for withdrawal
2131	setting forth the reasons for the motion.
2132	2. The motion is served on the client and counsel for all
2133	parties.
2134	3. An order is entered granting the motion of withdrawal.
2135	(g)(e)The order making an award or rejecting the claim,
2136	referred to in this chapter as a "compensation order," shall set
2137	forth the findings of ultimate facts and the mandate; and the
2138	order need not include any other reason or justification for
2139	such mandate. The compensation order shall be filed in the
2140	Office of the Judges of Compensation Claims at Tallahassee. A
2141	copy of such compensation order shall be sent by mail to the
2142	parties and attorneys of record at the last known address of
2143	each, with the date of mailing noted thereon.
2144	(h)(f)Each judge of compensation claims is required to
2145	submit a special report to the DeputyChief Judge in each
2146	contested workers' compensation case in which the case is not
2147	determined within 30 days of final hearing or closure of the
2148	hearing record. Said form shall be provided by the Secretary
2149	director of Management Servicesthe Division of Administrative
2150	Hearingsand shall contain the names of the judge of
2151	compensation claims and of the attorneys involved and a brief
2152	explanation by the judge of compensation claims as to the reason
2153	for such a delay in issuing a final order.
2154	(g) Notwithstanding any other provision of this section,
2155	the judge of compensation claims may require the appearance of
2156	the parties and counsel before her or him without written notice
2157	for an emergency conference where there is a bona fide emergency
2158	involving the health, safety, or welfare of an employee. An
2159	emergency conference under this section may result in the entry
2160	of an order or the rendering of an adjudication by the judge of
2161	compensation claims.
2162	(h) To expedite dispute resolution and to enhance the
2163	self-executing features of the Workers' Compensation Law, the
2164	Deputy Chief Judge shall make provision by rule or order for the
2165	resolution of appropriate motions by judges of compensation
2166	claims without oral hearing upon submission of brief written
2167	statements in support and opposition, and for expedited
2168	discovery and docketing. Unless the judge of compensation
2169	claims, for good cause, orders a hearing under paragraph (i),
2170	each claim in a petition relating to the determination of pay
2171	under s. 440.14 shall be resolved under this paragraph without
2172	oral hearing.
2173	(i) To further expedite dispute resolution and to enhance
2174	the self-executing features of the system, those petitions filed
2175	in accordance with s. 440.192 that involve a claim for benefits
2176	of $5,000 or less shall, in the absence of compelling evidence
2177	to the contrary, be presumed to be appropriate for expedited
2178	resolution under this paragraph; and any other claim filed in
2179	accordance with s. 440.192, upon the written agreement of both
2180	parties and application by either party, may similarly be
2181	resolved under this paragraph. A claim in a petition or $5,000
2182	or less for medical benefits only or a petition for
2183	reimbursement for mileage for medical purposes shall, in the
2184	absence of compelling evidence to the contrary, be resolved
2185	through the expedited dispute resolution process provided in
2186	this paragraph. For purposes of expedited resolution pursuant to
2187	this paragraph, the Deputy Chief Judge shall make provision by
2188	rule or order for expedited and limited discovery and expedited
2189	docketing in such cases. At least 15 days prior to hearing, the
2190	parties shall exchange and file with the judge of compensation
2191	claims a pretrial outline of all issues, defenses, and witnesses
2192	on a form adopted by the Deputy Chief Judge; provided, in no
2193	event shall such hearing be held without 15 days' written notice
2194	to all parties. No pretrial hearing shall be held. The judge of
2195	compensation claims shall limit all argument and presentation of
2196	evidence at the hearing to a maximum of 30 minutes, and such
2197	hearings shall not exceed 30 minutes in length. Neither party
2198	shall be required to be represented by counsel. The employer or
2199	carrier may be represented by an adjuster or other qualified
2200	representative. The employer or carrier and any witness may
2201	appear at such hearing by telephone. The rules of evidence shall
2202	be liberally construed in favor of allowing introduction of
2203	evidence.
2204	(i)(j)A judge of compensation claims may, upon the motion
2205	of a party or the judge's own motion, dismiss a petition for
2206	lack of prosecution if a petition, response, motion, order,
2207	request for hearing, or notice of deposition has not been filed
2208	during the previous 12 months unless good cause is shown. A
2209	dismissal for lack of prosecution is without prejudice and does
2210	not require a hearing.
2211	(j)(k)A judge of compensation claims may not award
2212	interest on unpaid medical bills and the amount of such bills
2213	may not be used to calculate the amount of interest awarded.
2214	Regardless of the date benefits were initially requested,
2215	attorney's fees do not attach under this subsection until 30
2216	days after the date the carrier or self-insured employer
2217	receives the petition.
2218	(10)(5)(a) Procedures with respect to appeals from orders
2219	of judges of compensation claims shall be governed by rules
2220	adopted by the Supreme Court. Such an order shall become final
2221	30 days after mailing of copies of such order to the parties,
2222	unless appealed pursuant to such rules.
2223	(b) An appellant may be relieved of any necessary filing
2224	fee by filing a verified petition of indigency for approval as
2225	provided in s. 57.081(1) and may be relieved in whole or in part
2226	from the costs for preparation of the record on appeal if,
2227	within 15 days after the date notice of the estimated costs for
2228	the preparation is served, the appellant files with the judge of
2229	compensation claims a copy of the designation of the record on
2230	appeal, and a verified petition to be relieved of costs. A
2231	verified petition filed prior to the date of service of the
2232	notice of the estimated costs shall be deemed not timely filed.
2233	The verified petition relating to record costs shall contain a
2234	sworn statement that the appellant is insolvent and a complete,
2235	detailed, and sworn financial affidavit showing all the
2236	appellant's assets, liabilities, and income. Failure to state in
2237	the affidavit all assets and income, including marital assets
2238	and income, shall be grounds for denying the petition with
2239	prejudice. The Office of the Judges of Compensation Claims shall
2240	adopt rules as may be required pursuant to this subsection,
2241	including forms for use in all petitions brought under this
2242	subsection. The appellant's attorney, or the appellant if she or
2243	he is not represented by an attorney, shall include as a part of
2244	the verified petition relating to record costs an affidavit or
2245	affirmation that, in her or his opinion, the notice of appeal
2246	was filed in good faith and that there is a probable basis for
2247	the District Court of Appeal, First District, to find reversible
2248	error, and shall state with particularity the specific legal and
2249	factual grounds for the opinion. Failure to so affirm shall be
2250	grounds for denying the petition. A copy of the verified
2251	petition relating to record costs shall be served upon all
2252	interested parties. The judge of compensation claims shall
2253	promptly conduct a hearing on the verified petition relating to
2254	record costs, giving at least 15 days' notice to the appellant,
2255	the department, and all other interested parties, all of whom
2256	shall be parties to the proceedings. The judge of compensation
2257	claims may enter an order without such hearing if no objection
2258	is filed by an interested party within 20 days from the service
2259	date of the verified petition relating to record costs. Such
2260	proceedings shall be conducted in accordance with the provisions
2261	of this section and with the workers' compensation rules of
2262	procedure, to the extent applicable. In the event an insolvency
2263	petition is granted, the judge of compensation claims shall
2264	direct the department to pay record costs and filing fees from
2265	the Workers' Compensation Administration Trust Fund pending
2266	final disposition of the costs of appeal. The department may
2267	transcribe or arrange for the transcription of the record in any
2268	proceeding for which it is ordered to pay the cost of the
2269	record.
2270	(c) As a condition of filing a notice of appeal to the
2271	District Court of Appeal, First District, an employer who has
2272	not secured the payment of compensation under this chapter in
2273	compliance with s. 440.38 shall file with the notice of appeal a
2274	good and sufficient bond, as provided in s. 59.13, conditioned
2275	to pay the amount of the demand and any interest and costs
2276	payable under the terms of the order if the appeal is dismissed,
2277	or if the District Court of Appeal, First District, affirms the
2278	award in any amount. Upon the failure of such employer to file
2279	such bond with the judge of compensation claims or the District
2280	Court of Appeal, First District, along with the notice of
2281	appeal, the District Court of Appeal, First District, shall
2282	dismiss the notice of appeal.
2283	(11)(6)An award of compensation for disability may be
2284	made after the death of an injured employee.
2285	(12)(7)An injured employee claiming or entitled to
2286	compensation shall submit to such physical examination by a
2287	certified expert medical advisor approved by the agency or the
2288	judge of compensation claims as the agency or the judge of
2289	compensation claims may require. The place or places shall be
2290	reasonably convenient for the employee. Such physician or
2291	physicians as the employee, employer, or carrier may select and
2292	pay for may participate in an examination if the employee,
2293	employer, or carrier so requests. Proceedings shall be suspended
2294	and no compensation shall be payable for any period during which
2295	the employee may refuse to submit to examination. Any interested
2296	party shall have the right in any case of death to require an
2297	autopsy, the cost thereof to be borne by the party requesting
2298	it; and the judge of compensation claims shall have authority to
2299	order and require an autopsy and may, in her or his discretion,
2300	withhold her or his findings and award until an autopsy is held.
2301	Section 20. Subsections (1), (2), and (3) of section
2302	440.34, Florida Statutes, are amended to read:
2303	440.34 Attorney's fees; costs.--
2304	(1) A fee, gratuity, or other consideration may not be
2305	paid for services rendered for a claimant in connection with any
2306	proceedings arising under this chapter, unless approved as
2307	reasonable by the judge of compensation claims or court having
2308	jurisdiction over such proceedings. Except as provided by this
2309	sectionsubsection, any attorney's fee approved by a judge of
2310	compensation claims for services rendered to a claimant must be
2311	equal to 20 percent of the first $5,000 of the amountof the
2312	benefits secured, 15 percent of the next $5,000 of the amount of
2313	the benefits secured, 10 percent of the remaining amount of the
2314	benefits secured to be provided during the first 10 yearsafter
2315	the date the petition for benefitsclaim is filed, and 5 percent
2316	of the benefits secured after 10 years. However,The judge of
2317	compensation claims shall consider the following factors in each
2318	case in which an hourly fee may be awarded as set forth in
2319	subsection (3),and may increase or decrease the attorney's fee
2320	if, in her or his judgment, the circumstances of the particular
2321	case warrant such action:
2322	(a) The time and labor required, the novelty and
2323	difficulty of the questions involved, and the skill requisite to
2324	perform the legal service properly.
2325	(b) The fee customarily charged in the locality for
2326	similar legal services.
2327	(c) The amount involved in the controversy and the
2328	benefits resulting to the claimant.
2329	(d) The time limitation imposed by the claimant or the
2330	circumstances.
2331	(e) The experience, reputation, and ability of the lawyer
2332	or lawyers performing services.
2333	(f) The contingency or certainty of a fee.
2334	(2) In awarding a reasonable claimant's attorney's fee,
2335	the judge of compensation claims shall consider only those
2336	benefits to the claimant that the attorney is responsible for
2337	securing. The amount, statutory basis, and type of benefits
2338	obtained through legal representation shall be listed on all
2339	attorney's fees awarded by the judge of compensation claims. For
2340	purposes of this section, the term "benefits secured" means
2341	benefits obtained as a result of the claimant's attorney's legal
2342	services rendered in connection with the claim for benefits.
2343	However, such term does not include future medical benefits to
2344	be provided on any date more than 5 years after the date the
2345	claim is filed.
2346	(3) If the claimant should prevail in any proceedings
2347	before a judge of compensation claims or court, there shall be
2348	taxed against the employer the reasonable costs of such
2349	proceedings, not to include the attorney's fees of the claimant.
2350	A claimant shall be responsible for the payment of her or his
2351	own attorney's fees, except that a claimant shall be entitled to
2352	recover a reasonable attorney's fee from a carrier or employer:
2353	(a) Against whom she or he successfully asserts a petition
2354	for medical benefits only, which may be enhanced by an
2355	additional hourly fee not to exceed $5,000if the claimant has
2356	not filed or is not entitled to file at such time a claim for
2357	disability, permanent impairment, wage-loss, or death benefits,
2358	arising out of the same accident;
2359	(b) In any case in which the employer or carrier files a
2360	response to petition denying benefits with the Office of the
2361	Judges of Compensation Claims and the injured person has
2362	employed an attorney in the successful prosecution of the
2363	petition;
2364	(c) In a proceeding in which a carrier or employer denies
2365	that an accident occurred for which compensation benefits are
2366	payable, and the claimant prevails on the issue of
2367	compensability, either the amount set forth in subsection (1)
2368	or, upon showing to the judge of compensation claims, an hourly
2369	fee not to exceed $20,000, whichever is greater; or
2370	(d) In cases where the claimant successfully prevails in
2371	proceedings filed under s. 440.24 or s. 440.28.
2372
2373	Regardless of the date benefits were initially requested,
2374	attorney's fees shall not attach under this subsection until 30
2375	days after the date the carrier or employer, if self-insured,
2376	receives the petition. In applying the factors set forth in
2377	subsection (1) to cases arising under paragraphs (a), (b), (c),
2378	and (d), the judge of compensation claims must only consider
2379	only such benefits and the time reasonably spent in obtaining
2380	them as were secured for the claimant within the scope of
2381	paragraphs (a), (b), (c), and (d).
2382	Section 21. Subsection (7) is added to section 440.38,
2383	Florida Statutes, to read:
2384	440.38 Security for compensation; insurance carriers and
2385	self-insurers.—
2386	(7) Any employer who meets the requirements of subsection
2387	(1) through a policy of insurance issued outside of this state
2388	must at all times, with respect to all employees working in this
2389	state, maintain the required coverage under a Florida
2390	endorsement using Florida rates and rules pursuant to payroll
2391	reporting that accurately reflects the work performed in this
2392	state by such employees.
2393	Section 22. Subsection (2) of section 440.381, Florida
2394	Statutes, is amended to read:
2395	440.381 Application for coverage; reporting payroll;
2396	payroll audit procedures; penalties.--
2397	(2) Submission of an application that contains false,
2398	misleading, or incomplete information provided with the purpose
2399	of avoiding or reducing the amount of premiums for workers’
2400	compensation coverage is a felony of the second degree,
2401	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2402	The application must contain a statement that the filing of an
2403	application containing false, misleading, or incomplete
2404	information providedwith the purpose of avoiding or reducing
2405	the amount of premiums for workers' compensation coverage is a
2406	felony of the third degree, punishable as provided in s.
2407	775.082, s. 775.083, or s. 775.084. The application must contain
2408	a sworn statement by the employer attesting to the accuracy of
2409	the information submitted and acknowledging the provisions of
2410	former s. 440.37(4). The application must contain a sworn
2411	statement by the agent attesting that the agent explained to the
2412	employer or officer the classification codes that are used for
2413	premium calculations.
2414	Section 23. Paragraphs (c) and (d) of subsection (4) of
2415	section 627.311, Florida Statutes, are amended to read
2416	627.311 Joint underwriters and joint reinsurers.--
2417	(4)
2418	(c) The operation of the plan shall be governed by a plan
2419	of operation that is prepared at the direction of the board of
2420	governors. The plan of operation may be changed at any time by
2421	the board of governors or upon request of the department. The
2422	plan of operation and all changes thereto are subject to the
2423	approval of the department. The plan of operation shall:
2424	1. Authorize the board to engage in the activities
2425	necessary to implement this subsection, including, but not
2426	limited to, borrowing money.
2427	2. Develop criteria for eligibility for coverage by the
2428	plan, including, but not limited to, documented rejection by at
2429	least two insurers which reasonably assures that insureds
2430	covered under the plan are unable to acquire coverage in the
2431	voluntary market. Any insured may voluntarily elect to accept
2432	coverage from an insurer for a premium equal to or greater than
2433	the plan premium if the insurer writing the coverage adheres to
2434	the provisions of s. 627.171.
2435	3. Require notice from the agent to the insured at the
2436	time of the application for coverage that the application is for
2437	coverage with the plan and that coverage may be available
2438	through an insurer, group self-insurers' fund, commercial self-
2439	insurance fund, or assessable mutual insurer through another
2440	agent at a lower cost.
2441	4. Establish programs to encourage insurers to provide
2442	coverage to applicants of the plan in the voluntary market and
2443	to insureds of the plan, including, but not limited to:
2444	a. Establishing procedures for an insurer to use in
2445	notifying the plan of the insurer's desire to provide coverage
2446	to applicants to the plan or existing insureds of the plan and
2447	in describing the types of risks in which the insurer is
2448	interested. The description of the desired risks must be on a
2449	form developed by the plan.
2450	b. Developing forms and procedures that provide an insurer
2451	with the information necessary to determine whether the insurer
2452	wants to write particular applicants to the plan or insureds of
2453	the plan.
2454	c. Developing procedures for notice to the plan and the
2455	applicant to the plan or insured of the plan that an insurer
2456	will insure the applicant or the insured of the plan, and notice
2457	of the cost of the coverage offered; and developing procedures
2458	for the selection of an insuring entity by the applicant or
2459	insured of the plan.
2460	d. Provide for a market-assistance plan to assist in the
2461	placement of employers. All applications for coverage in the
2462	plan received 45 days before the effective date for coverage
2463	shall be processed through the market-assistance plan. A market-
2464	assistance plan specifically designed to serve the needs of
2465	small good policyholders as defined by the board must be
2466	finalized by January 1, 1994.
2467	5. Provide for policy and claims services to the insureds
2468	of the plan of the nature and quality provided for insureds in
2469	the voluntary market.
2470	6. Provide for the review of applications for coverage
2471	with the plan for reasonableness and accuracy, using any
2472	available historic information regarding the insured.
2473	7. Provide for procedures for auditing insureds of the
2474	plan which are based on reasonable business judgment and are
2475	designed to maximize the likelihood that the plan will collect
2476	the appropriate premiums.
2477	8. Authorize the plan to terminate the coverage of and
2478	refuse future coverage for any insured that submits a fraudulent
2479	application to the plan or provides fraudulent or grossly
2480	erroneous records to the plan or to any service provider of the
2481	plan in conjunction with the activities of the plan.
2482	9. Establish service standards for agents who submit
2483	business to the plan.
2484	10. Establish criteria and procedures to prohibit any
2485	agent who does not adhere to the established service standards
2486	from placing business with the plan or receiving, directly or
2487	indirectly, any commissions for business placed with the plan.
2488	11. Provide for the establishment of reasonable safety
2489	programs for all insureds in the plan. All insureds of the plan
2490	must participate in the safety program.
2491	12. Authorize the plan to terminate the coverage of and
2492	refuse future coverage to any insured who fails to pay premiums
2493	or surcharges when due; who, at the time of application, is
2494	delinquent in payments of workers' compensation or employer's
2495	liability insurance premiums or surcharges owed to an insurer,
2496	group self-insurers' fund, commercial self-insurance fund, or
2497	assessable mutual insurer licensed to write such coverage in
2498	this state; or who refuses to substantially comply with any
2499	safety programs recommended by the plan.
2500	13. Authorize the board of governors to provide the
2501	services required by the plan through staff employed by the
2502	plan, through reasonably compensated service providers who
2503	contract with the plan to provide services as specified by the
2504	board of governors, or through a combination of employees and
2505	service providers.
2506	14. Provide for service standards for service providers,
2507	methods of determining adherence to those service standards,
2508	incentives and disincentives for service, and procedures for
2509	terminating contracts for service providers that fail to adhere
2510	to service standards.
2511	15. Provide procedures for selecting service providers and
2512	standards for qualification as a service provider that
2513	reasonably assure that any service provider selected will
2514	continue to operate as an ongoing concern and is capable of
2515	providing the specified services in the manner required.
2516	16. Provide for reasonable accounting and data-reporting
2517	practices.
2518	17. Provide for annual review of costs associated with the
2519	administration and servicing of the policies issued by the plan
2520	to determine alternatives by which costs can be reduced.
2521	18. Authorize the acquisition of such excess insurance or
2522	reinsurance as is consistent with the purposes of the plan.
2523	19. Provide for an annual report to the department on a
2524	date specified by the department and containing such information
2525	as the department reasonably requires.
2526	20. Establish multiple rating plans for various
2527	classifications of risk which reflect risk of loss, hazard
2528	grade, actual losses, size of premium, and compliance with loss
2529	control. At least one of such plans must be a preferred-rating
2530	plan to accommodate small-premium policyholders with good
2531	experience as defined in sub-subparagraph 22.a.
2532	21. Establish agent commission schedules.
2533	22. Establish fourthreesubplans as follows:
2534	a. Subplan “A” must include those insureds whose annual
2535	premium does not exceed $2,500 and who have neither incurred any
2536	lost-time claims nor incurred medical-only claims exceeding 50
2537	percent of their premium for the immediate 2 years.
2538	b. Subplan “B” must include insureds that are employers
2539	identified by the board of governors as high-risk employers due
2540	solely to the nature of the operations being performed by those
2541	insureds and for whom no market exists in the voluntary market,
2542	and whose experience modifications are less than 1.00.
2543	c. Subplan “C” must include all otherinsureds within the
2544	plan that are not eligible for subplan “A,” subplan “B,” or
2545	subplan “D.”
2546	d. Subplan “D” must include any employer with 50 or fewer
2547	employees, except that an employer who is eligible for subplan
2548	“D” and another subplan may elect the subplan in which it will
2549	participate. The rate plan for subplan “D” shall be the same
2550	rate plan as the plan approved under ss. 627.091-627.151, and
2551	each participant in subplan “D” shall pay the premium determined
2552	under such rate plan, plus a surcharge determined by the board
2553	to be sufficient to ensure that the plan does not compete with
2554	the voluntary market but not to exceed 25 percent.
2555	(d)1.The plan must be funded through actuarially sound
2556	premiums charged to insureds of the plan.
2557	2.The plan may issue assessable policies only to those
2558	insureds in subplan “C.” and subplan “D.” Assessments levied
2559	against subplan “C” participants shall cover only the excess
2560	losses attributable to subplan “C,” and assessments levied
2561	against subplan “D” participants shall cover only the excess
2562	losses attributable to subplan “D.” In no event may the plan
2563	levy assessments against any person or entity except as
2564	authorized by this paragraph.Those assessable policies must be
2565	clearly identified as assessable by containing, in contrasting
2566	color and in not less than 10-point type, the following
2567	statements: “This is an assessable policy. If the plan is unable
2568	to pay its obligations, policyholders will be required to
2569	contribute on a pro rata earned premium basis the money
2570	necessary to meet any assessment levied.”
2571	3.The plan may issue assessable policies with differing
2572	terms and conditions to different groups within subplan “C” and
2573	subplan “D”the planwhen a reasonable basis exists for the
2574	differentiation.
2575	4.The plan may offer rating, dividend plans, and other
2576	plans to encourage loss prevention programs.
2577	Section 24. Paragraphs (c) and (e) of Subsection (3) of
2578	section 921.0022, Florida Statutes, are amended to read:
2579	921.0022 Criminal Punishment Code; offense severity
2580	ranking chart.--
2581	(3) OFFENSE SEVERITY RANKING CHART
2582	FloridaStatute FelonyDegree Description
2583	(c) LEVEL 3
2584	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
2585	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
2586	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
2587	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
2588	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
2589	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
2590	327.35(2)(b) 3rd Felony BUI.
2591	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
2592	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
2593	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
2594	440.105(3)(a) 3rd Failure to update workers’ compensation insurance coverage application or to post notice of coverage.
2595	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
2596	440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
2597	697.08 3rd Equity skimming.
2598	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
2599	796.05(1) 3rd Live on earnings of a prostitute.
2600	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
2601	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
2602	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
2603	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
2604	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
2605	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
2606	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
2607	817.233 3rd Burning to defraud insurer.
2608	817.234(8)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
2609	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
2610	817.505(4) 3rd Patient brokering.
2611	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
2612	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
2613	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
2614	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
2615	843.19 3rd Injure, disable, or kill police dog or horse.
2616	870.01(2) 3rd Riot; inciting or encouraging.
2617	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
2618	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of university or public park.
2619	893.13(1)(f)2. 3rd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of public housing facility.
2620	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
2621	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
2622	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
2623	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
2624	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
2625	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
2626	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
2627	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
2628	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
2629	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
2630	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
2631	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
2632	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
2633	(e) LEVEL 5
2634	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
2635	316.1935(4) 2nd Aggravated fleeing or eluding.
2636	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
2637	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
2638	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
2639	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
2640	440.381(2) 2nd Submission of information with the purpose of avoiding or reducing workers’ compensation premiums.
2641	790.01(2) 3rd Carrying a concealed firearm.
2642	790.162 2nd Threat to throw or discharge destructive device.
2643	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
2644	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
2645	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
2646	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
2647	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
2648	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
2649	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
2650	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
2651	812.019(1) 2nd Stolen property; dealing in or trafficking in.
2652	812.131(2)(b) 3rd Robbery by sudden snatching.
2653	812.16(2) 3rd Owning, operating, or conducting a chop shop.
2654	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
2655	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
2656	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $75,000 or more.
2657	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
2658	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
2659	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
2660	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
2661	843.01 3rd Resist officer with violence to person; resist arrest with violence.
2662	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
2663	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
2664	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or school.
2665	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of university or public park.
2666	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
2667	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of public housing facility.
2668	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
2669	Section 25. Report to the Legislature regarding
2670	outstanding enforcement issues.--The Department of Financial
2671	Services shall, no later than January 1, 2004, provide a report
2672	to the President of the Senate, the Speaker of the House of
2673	Representatives, the minority leaders of the Senate and the
2674	House of Representatives, and the chairs of the standing
2675	committees of the Senate and the House of Representatives having
2676	jurisdiction over insurance issues, containing the following
2677	information:
2678	(1) Any provision of chapter 440, Florida Statutes,
2679	relating to workers’ compensation carrier compliance and
2680	enforcement, that the department finds it is unable to enforce.
2681	(2) Any administrative rule relating to workers’
2682	compensation carrier compliance and enforcement that the
2683	department finds it is unable to enforce.
2684	(3) Any other impediment to enforcement of chapter 440,
2685	Florida Statutes, resulting from the transfer of activities from
2686	the former Department of Labor and Employment Security to the
2687	department or the reorganization of the former Department of
2688	Insurance into the department.
2689	Section 26. Except as otherwise provided herein, this act
2690	shall take effect upon becoming a law.