HB 1837 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to workers' compensation; amending s.
12	440.02, F.S.; providing, revising, and deleting
13	definitions; amending s. 440.05, F.S.; revising
14	authorization to claim exemptions and requirements
15	relating to submitting notice of election of exemption;
16	specifying effect of exemption; amending s. 440.06, F.S.;
17	revising provisions relating to failure to secure
18	compensation; amending s. 440.077, F.S.; providing that a
19	corporate officer electing to be exempt may not receive
20	benefits; amending s. 440.09, F.S.; revising provisions
21	relating to compensation for subsequent injuries;
22	providing definitions; revising provisions relating to
23	drug testing; specifying effect of criminal acts; creating
24	s. 440.093, F.S.; providing for compensability of mental
25	and nervous injuries; amending s. 440.10, F.S.; revising
26	provisions relating to contractors and subcontractors with
27	regard to liability for compensation; requiring
28	subcontractors to provide evidence of workers'
29	compensation coverage or proof of exemption to a
30	contractor; deleting provisions relating to independent
31	contractors; amending s. 440.1025, F.S.; revising
32	requirements relating to workplace safety programs;
33	amending s. 440.103, F.S.; providing conditions for
34	applying for building permits; amending s. 440.105, F.S.;
35	increasing criminal penalties for certain violations;
36	providing sanctions for violation of stop-work orders and
37	presentation of certain false or misleading statements as
38	evidence; amending s. 440.1051, F.S.; increasing criminal
39	penalty for false reports; amending s. 440.107, F.S.;
40	providing additional powers to the Department of Financial
41	Services relating to compliance and enforcement; providing
42	a definition; providing penalties; amending s. 440.11,
43	F.S.; providing exclusiveness of liability; revising
44	provisions relating to employer and safety consultant
45	immunity from liability; amending s. 440.13, F.S.;
46	providing for practice parameters and treatment protocols;
47	revising provisions relating to provider reimbursement;
48	requiring revision of specified reimbursement schedules;
49	providing for release of information; providing additional
50	criteria for independent medical examinations; providing a
51	definition; providing standards for medical care under ch.
52	440, F.S.; providing penalties; amending s. 440.134, F.S.;
53	revising provisions relating to managed care arrangements;
54	revising definitions; providing for assignment of a
55	medical care coordinator; amending s. 440.14, F.S.;
56	revising provisions relating to calculation of average
57	weekly wage for injured employees; conforming cross
58	references; amending s. 440.15, F.S.; providing additional
59	limitations on compensation for permanent total
60	disability; providing a definition; specifying impairment
61	benefits and providing for partial reduction under certain
62	circumstances; deleting provisions relating to
63	supplemental benefits; amending s. 440.151, F.S.;
64	specifying compensability of occupational disease;
65	providing a definition; amending s. 440.16, F.S.;
66	increasing the limits on the amount of certain benefits
67	paid as compensation for death; amending s. 440.185, F.S.;
68	specifying duty of employer upon receipt of notice of
69	injury or death; increasing penalties for noncompliance;
70	amending s. 440.192, F.S.; revising procedure for
71	resolving benefit disputes; requiring a petition for
72	benefits to include all claims which are ripe, due, and
73	owing; providing that the Chief Judge, rather than the
74	Deputy Chief Judge, shall refer petitions for benefits;
75	creating s. 440.1926, F.S.; providing for alternative
76	dispute resolution and arbitration of claims; amending s.
77	440.20, F.S.; revising provisions relating to timely
78	payment of compensation and medical bills and penalties
79	for late payment; amending s. 440.25, F.S.; revising
80	procedures for mediation and hearings; amending s. 440.34,
81	F.S.; revising provisions relating to the award of
82	attorney's fees; amending s. 440.38, F.S.; providing
83	requirement for employers with coverage provided by
84	insurers from outside the state; amending s. 440.381,
85	F.S.; providing criminal penalty for unlawful
86	applications; requiring on-site audits of employers under
87	certain circumstances; amending s. 440.42, F.S.; revising
88	provision relating to notice of cancellation of coverage;
89	amending ss. 440.49 and 440.491, F.S., to conform cross
90	references; amending s. 440.525, F.S.; providing for
91	audits, examinations, and investigations of claims-handing
92	entities; providing penalties; providing for rules;
93	amending s. 627.162, F.S.; revising delinquency and
94	collection fee for late payment of premium installments;
95	amending s. 627.311, F.S.; requiring participation in
96	safety programs; providing for an additional subplan
97	within the joint underwriting plan for workers’
98	compensation insurance; providing for rates, surcharges,
99	and assessments; limiting assessment powers; amending s.
100	921.0022, F.S.; revising the offense severity ranking
101	chart to reflect changes in penalties under the act;
102	requiring a report to the Legislature from the Department
103	of Financial Services regarding provisions of law relating
104	to enforcement; amending ss. 946.523 and 985.315, F.S.,
105	to conform cross references; repealing s. 440.1925, F.S.,
106	relating to procedure for resolving maximum medical
107	improvement or permanent impairment disputes; providing
108	effective dates.
109
110	Be It Enacted by the Legislature of the State of Florida:
111
112	Section 1. Effective upon this act becoming a law,
113	Subsections (1), (15), (29), (38), (40), (41), and (42) of
114	section 440.02, Florida Statutes, are amended to read:
115	440.02 Definitions.-- When used in this chapter, unless
116	the context clearly requires otherwise, the following terms
117	shall have the following meanings:
118	(1) "Accident" means only an unexpected or unusual event
119	or result that happens suddenly. A mental or nervous injury due
120	to stress, fright, or excitement only, orDisability or death
121	due to the accidental acceleration or aggravation of a venereal
122	disease or of a disease due to the habitual use of alcohol or
123	controlled substances or narcotic drugs, or a disease that
124	manifests itself in the fear of or dislike for an individual
125	because of the individual's race, color, religion, sex, national
126	origin, age, or handicap is not an injury by accident arising
127	out of the employment. Subject to s. 440.15(5),if a preexisting
128	disease or anomaly is accelerated or aggravated by an accident
129	arising out of and in the course of employment, only
130	acceleration of death or acceleration or aggravation of the
131	preexisting condition reasonably attributable to the accident is
132	compensable, with respect to any compensation otherwise payable
133	under this chapterdeath or permanent impairment. An injury or
134	disease caused by exposure to a toxic substance, including, but
135	not limited to, fungus or mold, is not an injury by accident
136	arising out of the employment unless there is clear and
137	convincing evidence establishing that exposure to the specific
138	substance involved, at the levels to which the employee was
139	exposed, can cause the injury or disease sustained by the
140	employee.
141	(15)(a) "Employee" means any person engaged in any
142	employment under any appointment or contract of hire or
143	apprenticeship, express or implied, oral or written, whether
144	lawfully or unlawfully employed, and includes, but is not
145	limited to, aliens and minors.
146	(b) "Employee" includes any person who is an officer of a
147	corporation and who performs services for remuneration for such
148	corporation within this state, whether or not such services are
149	continuous.
150	1. Any officer of a corporation may elect to be exempt
151	from this chapter by filing written notice of the election with
152	the department as provided in s. 440.05.
153	2. As to officers of a corporation who are actively
154	engaged in the construction industry, no more than three
155	officers may elect to be exempt from this chapter by filing
156	written notice of the election with the department as provided
157	in s. 440.05. However, any exemption obtained by a corporate
158	officer of a corporation actively engaged in the construction
159	industry is not applicable with respect to any commercial
160	building project estimated to be valued at $250,000 or greater.
161	3. An officer of a corporation who elects to be exempt
162	from this chapter by filing a written notice of the election
163	with the department as provided in s. 440.05 is not an employee.
164
165	Services are presumed to have been rendered to the corporation
166	if the officer is compensated by other than dividends upon
167	shares of stock of the corporation which the officer owns.
168	(c)1."Employee" includes a sole proprietor or a partner
169	who devotes full time to the proprietorship or partnership and,
170	except as provided in this paragraph, elects to be included in
171	the definition of employee by filing notice thereof as provided
172	in s. 440.05. Partners or sole proprietors actively engaged in
173	the construction industry are considered employees unless they
174	elect to be excluded from the definition of employee by filing
175	written notice of the election with the department as provided
176	in s. 440.05. However, no more than three partners in a
177	partnership that is actively engaged in the construction
178	industry may elect to be excluded. A sole proprietor or partner
179	who is actively engaged in the construction industry and who
180	elects to be exempt from this chapter by filing a written notice
181	of the election with the department as provided in s. 440.05 is
182	not an employee. For purposes of this chapter, an independent
183	contractor is an employee unless he or she meets all of the
184	conditions set forth in subparagraph (d)1.
185	2. Notwithstanding the provisions of subparagraph 1., the
186	term "employee" includes a sole proprietor or partner actively
187	engaged in the construction industry with respect to any
188	commercial building project estimated to be valued at $250,000
189	or greater. Any exemption obtained is not applicable, with
190	respect to work performed at such a commercial building project.
191	(d) "Employee" does not include:
192	1. An independent contractor, if:
193	a. The independent contractor maintains a separate
194	business with his or her own work facility, truck, equipment,
195	materials, or similar accommodations;
196	b. The independent contractor holds or has applied for a
197	federal employer identification number, unless the independent
198	contractor is a sole proprietor who is not required to obtain a
199	federal employer identification number under state or federal
200	requirements;
201	c. The independent contractor performs or agrees to
202	perform specific services or work for specific amounts of money
203	and controls the means of performing the services or work;
204	d. The independent contractor incurs the principal
205	expenses related to the service or work that he or she performs
206	or agrees to perform;
207	e. The independent contractor is responsible for the
208	satisfactory completion of work or services that he or she
209	performs or agrees to perform and is or could be held liable for
210	a failure to complete the work or services;
211	f. The independent contractor receives compensation for
212	work or services performed for a commission or on a per-job or
213	competitive-bid basis and not on any other basis;
214	g. The independent contractor may realize a profit or
215	suffer a loss in connection with performing work or services;
216	h. The independent contractor has continuing or recurring
217	business liabilities or obligations; and
218	i. The success or failure of the independent contractor's
219	business depends on the relationship of business receipts to
220	expenditures.
221
222	However, the determination as to whether an individual included
223	in the Standard Industrial Classification Manual of 1987,
224	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
225	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
226	or a newspaper delivery person, is an independent contractor is
227	governed not by the criteria in this paragraph but by common-law
228	principles, giving due consideration to the business activity of
229	the individual. Notwithstanding the provisions of this paragraph
230	or any other provision of this chapter, with respect to any
231	commercial building project estimated to be valued at $250,000
232	or greater, a person who is actively engaged in the construction
233	industry is not an independent contractor and is either an
234	employer or an employee who may not be exempt from the coverage
235	requirements of this chapter.
236	2. A real estate salesperson or agent, if that person
237	agrees, in writing, to perform for remuneration solely by way of
238	commission.
239	3. Bands, orchestras, and musical and theatrical
240	performers, including disk jockeys, performing in licensed
241	premises as defined in chapter 562, if a written contract
242	evidencing an independent contractor relationship is entered
243	into before the commencement of such entertainment.
244	4. An owner-operator of a motor vehicle who transports
245	property under a written contract with a motor carrier which
246	evidences a relationship by which the owner-operator assumes the
247	responsibility of an employer for the performance of the
248	contract, if the owner-operator is required to furnish the
249	necessary motor vehicle equipment and all costs incidental to
250	the performance of the contract, including, but not limited to,
251	fuel, taxes, licenses, repairs, and hired help; and the owner-
252	operator is paid a commission for transportation service and is
253	not paid by the hour or on some other time-measured basis.
254	5. A person whose employment is both casual and not in the
255	course of the trade, business, profession, or occupation of the
256	employer.
257	6. A volunteer, except a volunteer worker for the state or
258	a county, municipality, or other governmental entity. A person
259	who does not receive monetary remuneration for services is
260	presumed to be a volunteer unless there is substantial evidence
261	that a valuable consideration was intended by both employer and
262	employee. For purposes of this chapter, the term "volunteer"
263	includes, but is not limited to:
264	a. Persons who serve in private nonprofit agencies and who
265	receive no compensation other than expenses in an amount less
266	than or equivalent to the standard mileage and per-diem expenses
267	provided to salaried employees in the same agency or, if such
268	agency does not have salaried employees who receive mileage and
269	per diem, then such volunteers who receive no compensation other
270	than expenses in an amount less than or equivalent to the
271	customary mileage and per diem paid to salaried workers in the
272	community as determined by the department; and
273	b. Volunteers participating in federal programs
274	established under Pub. L. No. 93-113.
275	7. Any officer of a corporation who elects to be exempt
276	from this chapter.
277	8. A sole proprietor or officer of a corporation who
278	actively engages in the construction industry, and a partner in
279	a partnership that is actively engaged in the construction
280	industry, who elects to be exempt from the provisions of this
281	chapter. Such sole proprietor, officer, or partner is not an
282	employee for any reason until the notice of revocation of
283	election filed pursuant to s. 440.05 is effective.
284	9. An exercise rider who does not work for a single horse
285	farm or breeder, and who is compensated for riding on a case-by-
286	case basis, provided a written contract is entered into prior to
287	the commencement of such activity which evidences that an
288	employee/employer relationship does not exist.
289	10. A taxicab, limousine, or other passenger vehicle-for-
290	hire driver who operates said vehicles pursuant to a written
291	agreement with a company which provides any dispatch, marketing,
292	insurance, communications, or other services under which the
293	driver and any fees or charges paid by the driver to the company
294	for such services are not conditioned upon, or expressed as a
295	proportion of, fare revenues.
296	11. A person who performs services as a sports official
297	for an entity sponsoring an interscholastic sports event or for
298	a public entity or private, nonprofit organization that sponsors
299	an amateur sports event. For purposes of this subparagraph, such
300	a person is an independent contractor. For purposes of this
301	subparagraph, the term "sports official" means any person who is
302	a neutral participant in a sports event, including, but not
303	limited to, umpires, referees, judges, linespersons,
304	scorekeepers, or timekeepers. This subparagraph does not apply
305	to any person employed by a district school board who serves as
306	a sports official as required by the employing school board or
307	who serves as a sports official as part of his or her
308	responsibilities during normal school hours.
309	(29) "Weekly compensation rate" means and refers to the
310	amount of compensation payable for a period of 7 consecutive
311	calendardays, including any Saturdays, Sundays, holidays, and
312	other nonworking days which fall within such period of 7
313	consecutive calendardays. When Saturdays, Sundays, holidays, or
314	other nonworking days follow the first 7 calendardays of
315	disability or occur at the end of a period of disability as the
316	last day or days of such period, such nonworking days constitute
317	a part of the period of disability with respect to which
318	compensation is payable.
319	(38) "Catastrophic injury" means a permanent impairment
320	constituted by the loss of both hands, both arms, both feet,
321	both legs, or both eyes, or any two thereof, or paraplegia or
322	quadriplegia.:
323	(a) Spinal cord injury involving severe paralysis of an
324	arm, a leg, or the trunk;
325	(b) Amputation of an arm, a hand, a foot, or a leg
326	involving the effective loss of use of that appendage;
327	(c) Severe brain or closed-head injury as evidenced by:
328	1. Severe sensory or motor disturbances;
329	2. Severe communication disturbances;
330	3. Severe complex integrated disturbances of cerebral
331	function;
332	4. Severe episodic neurological disorders; or
333	5. Other severe brain and closed-head injury conditions at
334	least as severe in nature as any condition provided in
335	subparagraphs 1.-4.;
336	(d) Second-degree or third-degree burns of 25 percent or
337	more of the total body surface or third-degree burns of 5
338	percent or more to the face and hands;
339	(e) Total or industrial blindness; or
340	(f) Any other injury that would otherwise qualify under
341	this chapter of a nature and severity that would qualify an
342	employee to receive disability income benefits under Title II or
343	supplemental security income benefits under Title XVI of the
344	federal Social Security Act as the Social Security Act existed
345	on July 1, 1992, without regard to any time limitations provided
346	under that act.
347	(40) "Statement," for the purposes of ss. 440.105 and
348	440.106, shall include the exact fraud statement language in s.
349	440.105(7). This requirementincludes, but is not limited to,
350	any notice, representation, statement, proof of injury, bill for
351	services, diagnosis, prescription, hospital or doctor record, X
352	ray, test result, or other evidence of loss, injury, or expense.
353	(41) “Specificity” means information on the petition for
354	benefits sufficient to put the employer or carrier on notice of
355	the exact statutory classification and outstanding time period
356	of benefits being requested and includes a detailed explanation
357	of any benefits received that should be increased, decreased,
358	changed, or otherwise modified. If the petition is for medical
359	benefits, the information shall include specific details as to
360	why such benefits are being requested, why such benefits are
361	medically necessary, and why current treatment, if any, is not
362	sufficient. Any petition requesting alternate or other medical
363	care, including, but not limited to, petitions requesting
364	psychiatric or psychological treatment, must specifically
365	identify the physician, as defined in s. 440.13(1), that is
366	recommending such treatment. A copy of a report from such
367	physician making the recommendation for alternate or other
368	medical care shall also be attached to the petition. A judge of
369	compensation claims shall not order such treatment if a
370	physician is not recommending such treatment."Commercial
371	building" means any building or structure intended for
372	commercial or industrial use, or any building or structure
373	intended for multifamily use of more than four dwelling units,
374	as well as any accessory use structures constructed in
375	conjunction with the principal structure. The term, "commercial
376	building," does not include the conversion of any existing
377	residential building to a commercial building.
378	(42) "Residential building" means any building or
379	structure intended for residential use containing four or fewer
380	dwelling units and any structures intended as an accessory use
381	to the residential structure.
382	Section 2. Effective January 1, 2004, subsections (8),
383	(15), and (16) of section 440.02, Florida Statutes, as amended
384	by this act, are amended to read:
385	440.02 Definitions.--When used in this chapter, unless the
386	context clearly requires otherwise, the following terms shall
387	have the following meanings:
388	(8) "Construction industry" means for-profit activities
389	involving the carrying out ofany building, clearing, filling,
390	excavation, or substantial improvement in the size or use of any
391	structure or the appearance of any land. When appropriate to the
392	context, "construction" refers to the act of construction or the
393	result of construction. However, "construction" doesshallnot
394	mean a homeowner'slandowner'sact of construction or the result
395	of a construction upon his or her own premises, provided such
396	premises are not intended to be sold,or resold, or leased by
397	the owner within 1 year after the commencement of construction.
398	The division may, by rule, establish standard industrial
399	classification codes and definitions thereof which meet the
400	criteria of the term “construction industry” as set forth in
401	this section.
402	(15)(a) "Employee" means any person who receives
403	remuneration from an employer for the performance of any work or
404	service whileengaged in any employment under any appointment or
405	contract forofhire or apprenticeship, express or implied, oral
406	or written, whether lawfully or unlawfully employed, and
407	includes, but is not limited to, aliens and minors.
408	(b) "Employee" includes any person who is an officer of a
409	corporation and who performs services for remuneration for such
410	corporation within this state, whether or not such services are
411	continuous.
412	1. Any officer of a corporation may elect to be exempt
413	from this chapter by filing written notice of the election with
414	the department as provided in s. 440.05.
415	2. As to officers of a corporation who are actively
416	engaged in the construction industry, no more than three
417	officers of a corporation or of any group of affiliated
418	corporationsmay elect to be exempt from this chapter by filing
419	written notice of the election with the department as provided
420	in s. 440.05. Officers must be shareholders, each owning at
421	least 10 percent of the stock of such corporation and listed as
422	an officer of such corporation with the Division of Corporations
423	of the Department of State, in order to elect exemptions under
424	this chapter. For purposes of this subparagraph, the term
425	“affiliated” means and includes one or more corporations or
426	entities, any one of which is a corporation engaged in the
427	construction industry, under the same or substantially the same
428	control of a group of business entities which are connected or
429	associated so that one entity controls or has the power to
430	control each of the other business entities. The term
431	“affiliated” includes, but is not limited to, the officers,
432	directors, executives, shareholders active in management,
433	employees, and agents of the affiliated corporation. The
434	ownership by one business entity of a controlling interest in
435	another business entity or a pooling of equipment or income
436	among business entities shall be prima facie evidence that one
437	business is affiliated with the other.
438	3. An officer of a corporation who elects to be exempt
439	from this chapter by filing a written notice of the election
440	with the department as provided in s. 440.05 is not an employee.
441
442	Services are presumed to have been rendered to the corporation
443	if the officer is compensated by other than dividends upon
444	shares of stock of the corporation which the officer owns.
445	(c) "Employee" includes:
446	1. A sole proprietor or a partner who is not engaged in
447	the construction industry,devotes full time to the
448	proprietorship or partnership, and, except as provided in this
449	paragraph,elects to be included in the definition of employee
450	by filing notice thereof as provided in s. 440.05. Partners or
451	sole proprietors actively engaged in the construction industry
452	are considered employees unless they elect to be excluded from
453	the definition of employee by filing written notice of the
454	election with the department as provided in s. 440.05. However,
455	no more than three partners in a partnership that is actively
456	engaged in the construction industry may elect to be excluded. A
457	sole proprietor or partner who is actively engaged in the
458	construction industry and who elects to be exempt from this
459	chapter by filing a written notice of the election with the
460	department as provided in s. 440.05 is not an employee. For
461	purposes of this chapter, an independent contractor is an
462	employee unless he or she meets all of the conditions set forth
463	in subparagraph (d)1.
464	2. All persons who are being paid by a construction
465	contractor as a subcontractor, unless the subcontractor has
466	validly elected an exemption as permitted by this chapter, or
467	has otherwise secured the payment of compensation coverage as a
468	subcontractor, consistent with s. 440.10, for work performed by
469	or as a subcontractor.
470	3. An independent contractor working or performing
471	services in the construction industry.
472	4. A sole proprietor who engages in the construction
473	industry and a partner or partnership that is engaged in the
474	construction industry.
475	(d) "Employee" does not include:
476	1. An independent contractor who is not engaged in the
477	construction industry., if:
478	a. In order to meet the definition of independent
479	contractor, at least four of the following criteria must be met:
480	(I) The independent contractor maintains a separate
481	business with his or her own work facility, truck, equipment,
482	materials, or similar accommodations;
483	(II) The independent contractor holds or has applied for a
484	federal employer identification number, unless the independent
485	contractor is a sole proprietor who is not required to obtain a
486	federal employer identification number under state or federal
487	regulations;
488	(III) The independent contractor receives compensation for
489	services rendered or work performed and such compensation is
490	paid to a business rather than to an individual;
491	(IV) The independent contractor holds one or more bank
492	accounts in the name of the business entity for purposes of
493	paying business expenses or other expenses related to services
494	rendered or work performed for compensation;
495	(V) The independent contractor performs work or is able to
496	perform work for any entity in addition to or besides the
497	employer at his or her own election without the necessity of
498	completing an employment application or process; or
499	(VI) The independent contractor receives compensation for
500	work or services rendered on a competitive-bid basis or
501	completion of a task or a set of tasks as defined by a
502	contractual agreement, unless such contractual agreement
503	expressly states that an employment relationship exists.The
504	independent contractor maintains a separate business with his or
505	her own work facility, truck, equipment, materials, or similar
506	accommodations;
507	b. If four of the criteria listed in sub-subparagraph a.
508	do not exist, an individual may still be presumed to be an
509	independent contractor and not an employee based on full
510	consideration of the nature of the individual situation with
511	regard to satisfying any of the following conditions:
512	(I) The independent contractor performs or agrees to
513	perform specific services or work for a specific amount of money
514	and controls the means of performing the services or work.
515	(II) The independent contractor incurs the principal
516	expenses related to the service or work that he or she performs
517	or agrees to perform.
518	(III) The independent contractor is responsible for the
519	satisfactory completion of the work or services that he or she
520	performs or agrees to perform.
521	(IV) The independent contractor receives compensation for
522	work or services performed for a commission or on a per-job
523	basis and not on any other basis.
524	(V) The independent contractor may realize a profit or
525	suffer a loss in connection with performing work or services.
526	(VI) The independent contractor has continuing or
527	recurring business liabilities or obligations.
528	(VII) The success or failure of the independent
529	contractor’s business depends on the relationship of business
530	receipts to expenditures.The independent contractor holds or
531	has applied for a federal employer identification number, unless
532	the independent contractor is a sole proprietor who is not
533	required to obtain a federal employer identification number
534	under state or federal requirements;
535	c. Notwithstanding anything to the contrary in this
536	subparagraph, an individual claiming to be an independent
537	contractor has the burden of proving that he or she is an
538	independent contractor for purposes of this chapter.The
539	independent contractor performs or agrees to perform specific
540	services or work for specific amounts of money and controls the
541	means of performing the services or work;
542	d. The independent contractor incurs the principal
543	expenses related to the service or work that he or she performs
544	or agrees to perform;
545	e. The independent contractor is responsible for the
546	satisfactory completion of work or services that he or she
547	performs or agrees to perform and is or could be held liable for
548	a failure to complete the work or services;
549	f. The independent contractor receives compensation for
550	work or services performed for a commission or on a per-job or
551	competitive-bid basis and not on any other basis;
552	g. The independent contractor may realize a profit or
553	suffer a loss in connection with performing work or services;
554	h. The independent contractor has continuing or recurring
555	business liabilities or obligations; and
556	i. The success or failure of the independent contractor's
557	business depends on the relationship of business receipts to
558	expenditures.
559
560	However, the determination as to whether an individual included
561	in the Standard Industrial Classification Manual of 1987,
562	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
563	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
564	or a newspaper delivery person, is an independent contractor is
565	governed not by the criteria in this paragraph but by common-law
566	principles, giving due consideration to the business activity of
567	the individual.
568	2. A real estate salesperson or agent, if that person
569	agrees, in writing, to perform for remuneration solely by way of
570	commission.
571	3. Bands, orchestras, and musical and theatrical
572	performers, including disk jockeys, performing in licensed
573	premises as defined in chapter 562, if a written contract
574	evidencing an independent contractor relationship is entered
575	into before the commencement of such entertainment.
576	4. An owner-operator of a motor vehicle who transports
577	property under a written contract with a motor carrier which
578	evidences a relationship by which the owner-operator assumes the
579	responsibility of an employer for the performance of the
580	contract, if the owner-operator is required to furnish the
581	necessary motor vehicle equipment and all costs incidental to
582	the performance of the contract, including, but not limited to,
583	fuel, taxes, licenses, repairs, and hired help; and the owner-
584	operator is paid a commission for transportation service and is
585	not paid by the hour or on some other time-measured basis.
586	5. A person whose employment is both casual and not in the
587	course of the trade, business, profession, or occupation of the
588	employer.
589	6. A volunteer, except a volunteer worker for the state or
590	a county, municipality, or other governmental entity. A person
591	who does not receive monetary remuneration for services is
592	presumed to be a volunteer unless there is substantial evidence
593	that a valuable consideration was intended by both employer and
594	employee. For purposes of this chapter, the term "volunteer"
595	includes, but is not limited to:
596	a. Persons who serve in private nonprofit agencies and who
597	receive no compensation other than expenses in an amount less
598	than or equivalent to the standard mileage and per diem expenses
599	provided to salaried employees in the same agency or, if such
600	agency does not have salaried employees who receive mileage and
601	per diem, then such volunteers who receive no compensation other
602	than expenses in an amount less than or equivalent to the
603	customary mileage and per diem paid to salaried workers in the
604	community as determined by the department; and
605	b. Volunteers participating in federal programs
606	established under Pub. L. No. 93-113.
607	7. Unless otherwise prohibited by this chapter,any
608	officer of a corporation who elects to be exempt from this
609	chapter. Such officer is not an employee for any reason under
610	this chapter until the notice of revocation of election filed
611	pursuant to s. 440.05 is effective.
612	8. Ana sole proprietor or officer of a corporation who
613	actively engages in the construction industry, and a partner in
614	a partnership that is activelyengaged in the construction
615	industry,who elects to be exempt from the provisions of this
616	chapter, as otherwise permitted by this chapter. Such sole
617	proprietor, officer, or partneris not an employee for any
618	reason until the notice of revocation of election filed pursuant
619	to s. 440.05 is effective.
620	9. An exercise rider who does not work for a single horse
621	farm or breeder, and who is compensated for riding on a case-by-
622	case basis, provided a written contract is entered into prior to
623	the commencement of such activity which evidences that an
624	employee/employer relationship does not exist.
625	10. A taxicab, limousine, or other passenger vehicle-for-
626	hire driver who operates said vehicles pursuant to a written
627	agreement with a company which provides any dispatch, marketing,
628	insurance, communications, or other services under which the
629	driver and any fees or charges paid by the driver to the company
630	for such services are not conditioned upon, or expressed as a
631	proportion of, fare revenues.
632	11. A person who performs services as a sports official
633	for an entity sponsoring an interscholastic sports event or for
634	a public entity or private, nonprofit organization that sponsors
635	an amateur sports event. For purposes of this subparagraph, such
636	a person is an independent contractor. For purposes of this
637	subparagraph, the term "sports official" means any person who is
638	a neutral participant in a sports event, including, but not
639	limited to, umpires, referees, judges, linespersons,
640	scorekeepers, or timekeepers. This subparagraph does not apply
641	to any person employed by a district school board who serves as
642	a sports official as required by the employing school board or
643	who serves as a sports official as part of his or her
644	responsibilities during normal school hours.
645	12. Medicaid-enrolled clients under chapter 393 who are
646	excluded from the definition of employment under s.
647	443.036(21)(d)5. and served by Adult Day Training Services under
648	the Home and Community-Based Medicaid Waiver program in a
649	sheltered workshop setting licensed by the United States
650	Department of Labor for the purpose of training and earning less
651	than the federal hourly minimum wage.
652	(16)(a)"Employer" means the state and all political
653	subdivisions thereof, all public and quasi-public corporations
654	therein, every person carrying on any employment, and the legal
655	representative of a deceased person or the receiver or trustees
656	of any person. If the employer is a corporation, parties in
657	actual control of the corporation, including, but not limited
658	to, the president, officers who exercise broad corporate powers,
659	directors, and all shareholders who directly or indirectly own a
660	controlling interest in the corporation, are considered the
661	employer for the purposes of ss. 440.105,and 440.106, and
662	440.107.
663	(b) A homeowner shall not be considered the employer of
664	persons hired by the homeowner to carry out construction on the
665	homeowner’s own premises if those premises are not intended for
666	immediate lease, sale, or resale.
667	(c) Facilities serving individuals under subparagraph
668	(15)(d)12. shall be considered agents of the Agency for Health
669	Care Administration as it relates to providing Adult Day
670	Training Services under the Home and Community-Based Medicaid
671	Waiver program and not employers or third parties for the
672	purpose of limiting or denying Medicaid benefits.
673	Section 3. Effective January 1, 2004, subsections (3),
674	(4), (6), (10), (11), and (12) of section 440.05, Florida
675	Statutes, are amended, present subsection (13) is renumbered as
676	subsection (11) and amended, and new subsections (12), (13), and
677	(14) are added to said section, to read:
678	440.05 Election of exemption; revocation of election;
679	notice; certification.--
680	(3) Each sole proprietor, partner, orofficer of a
681	corporation who is activelyengaged in the construction industry
682	and who elects an exemption from this chapter or who, after
683	electing such exemption, revokes that exemption, must mail a
684	written notice to such effect to the department on a form
685	prescribed by the department. The notice of election to be
686	exempt from the provisions of this chapter must be notarized and
687	under oath. The notice of election to be exempt which is
688	submitted to the department by the sole proprietor, partner, or
689	officer of a corporation who is allowed to claim an exemption as
690	provided by this chaptermust list the name, federal tax
691	identification number, social security number, all certified or
692	registered licenses issued pursuant to chapter 489 held by the
693	person seeking the exemption, a copy of relevant documentation
694	as to employment status filed with the Internal Revenue Service
695	as specified by the department, a copy of the relevant
696	occupational license in the primary jurisdiction of the
697	business, and, for corporate officers and partners,the
698	registration number of the corporation or partnershipfiled with
699	the Division of Corporations of the Department of State along
700	with a copy of the stock certificate evidencing the required
701	ownership under this chapter. The notice of election to be
702	exempt must identify each sole proprietorship, partnership, or
703	corporation that employs the person electing the exemption and
704	must list the social security number or federal tax
705	identification number of each such employer and the additional
706	documentation required by this section. In addition, the notice
707	of election to be exempt must provide that the sole proprietor,
708	partner, orofficer electing an exemption is not entitled to
709	benefits under this chapter, must provide that the election does
710	not exceed exemption limits for officers and partnerships
711	provided in s. 440.02, and must certify that any employees of
712	the corporation whosesole proprietor, partner, or officer
713	electselectingan exemption are covered by workers'
714	compensation insurance. Upon receipt of the notice of the
715	election to be exempt, receipt of all application fees, and a
716	determination by the department that the notice meets the
717	requirements of this subsection, the department shall issue a
718	certification of the election to the sole proprietor, partner,
719	orofficer, unless the department determines that the
720	information contained in the notice is invalid. The department
721	shall revoke a certificate of election to be exempt from
722	coverage upon a determination by the department that the person
723	does not meet the requirements for exemption or that the
724	information contained in the notice of election to be exempt is
725	invalid. The certificate of election must list the namenamesof
726	the sole proprietorship, partnership, orcorporation listed in
727	the request for exemption. A new certificate of election must be
728	obtained each time the person is employed by a new sole
729	proprietorship, partnership, or differentcorporation that is
730	not listed on the certificate of election. A copy of the
731	certificate of election must be sent to each workers'
732	compensation carrier identified in the request for exemption.
733	Upon filing a notice of revocation of election, ana sole
734	proprietor, partner, or officer who is a subcontractor or an
735	officer of a corporate subcontractormust notify her or his
736	contractor. Upon revocation of a certificate of election of
737	exemption by the department, the department shall notify the
738	workers' compensation carriers identified in the request for
739	exemption.
740	(4) The notice of election to be exempt from the
741	provisions of this chapter must contain a notice that clearly
742	states in substance the following: "Any person who, knowingly
743	and with intent to injure, defraud, or deceive the department or
744	any employer or employee, insurance company, or any other person
745	purposes program, files a notice of election to be exempt
746	containing any false or misleading information is guilty of a
747	felony of the third degree." Each person filing a notice of
748	election to be exempt shall personally sign the notice and
749	attest that he or she has reviewed, understands, and
750	acknowledges the foregoing notice.
751	(6) A construction industry certificate of election to be
752	exempt which is issued in accordance with this section shall be
753	valid for 2 years after the effective date stated thereon. Both
754	the effective date and the expiration date must be listed on the
755	face of the certificate by the department. The construction
756	industry certificate must expire at midnight, 2 years from its
757	issue date, as noted on the face of the exemption certificate.
758	Any person who has received from the division a construction
759	industry certificate of election to be exempt which is in effect
760	on December 31, 1998, shall file a new notice of election to be
761	exempt by the last day in his or her birth month following
762	December 1, 1998. A construction industry certificate of
763	election to be exempt may be revoked before its expiration by
764	the sole proprietor, partner, orofficer for whom it was issued
765	or by the department for the reasons stated in this section. At
766	least 60 days prior to the expiration date of a construction
767	industry certificate of exemption issued after December 1, 1998,
768	the department shall send notice of the expiration date and an
769	application for renewal to the certificateholder at the address
770	on the certificate.
771	(10) Each sole proprietor, partner, orofficer of a
772	corporation who is actively engaged in the construction industry
773	and who elects an exemption from this chapter shall maintain
774	business records as specified by the division by rule, which
775	rules must include the provision that any corporation with
776	exempt officers and any partnership activelyengaged in the
777	construction industry with exempt partnersmust maintain written
778	statements of those exempted persons affirmatively acknowledging
779	each such individual's exempt status.
780	(11) Any sole proprietor or partner actively engaged in
781	the construction industry claiming an exemption under this
782	section shall maintain a copy of his or her federal income tax
783	records for each of the immediately previous 3 years in which he
784	or she claims an exemption. Such federal income tax records must
785	include a complete copy of the following for each year in which
786	an exemption is claimed:
787	(a) For sole proprietors, a copy of Federal Income Tax
788	Form 1040 and its accompanying Schedule C;
789	(b) For partners, a copy of the partner's Federal Income
790	Tax Schedule K-1 (Form 1065) and Federal Income Tax Form 1040
791	and its accompanying Schedule E.
792
793	A sole proprietor or partner shall produce, upon request by the
794	division, a copy of those documents together with a statement by
795	the sole proprietor or partner that the tax records provided are
796	true and accurate copies of what the sole proprietor or partner
797	has filed with the federal Internal Revenue Service. The
798	statement must be signed under oath by the sole proprietor or
799	partner and must be notarized. The division shall issue a stop-
800	work order under s. 440.107(5) to any sole proprietor or partner
801	who fails or refuses to produce a copy of the tax records and
802	affidavit required under this paragraph to the division within 3
803	business days after the request is made.
804	(12) For those sole proprietors or partners that have not
805	been in business long enough to provide the information required
806	of an established business, the division shall require such sole
807	proprietor or partner to provide copies of the most recently
808	filed Federal Income Tax Form 1040. The division shall establish
809	by rule such other criteria to show that the sole proprietor or
810	partner intends to engage in a legitimate enterprise within the
811	construction industry and is not otherwiseattempting to evade
812	the requirements of this section. The division shall establish
813	by rule the form and format of financial information required to
814	be submitted by such employers.
815	(11)(13) Any corporate officer permitted by this chapter
816	to claimclaiming an exemption under this sectionmust be listed
817	on the records of this state's Secretary of State, Division of
818	Corporations, as a corporate officer. If the person who claims
819	an exemption as a corporate officer is not so listed on the
820	records of the Secretary of State, the individual must provide
821	to the division, upon request by the division, a notarized
822	affidavit stating that the individual is a bona fide officer of
823	the corporation and stating the date his or her appointment or
824	election as a corporate officer became or will become effective.
825	The statement must be signed under oath by both the officer and
826	the president or chief operating officer of the corporation and
827	must be notarized.The division shall issue a stop-work order
828	under s. 440.107(1) to any corporation who employs a person who
829	claims to be exempt as a corporate officer but who fails or
830	refuses to produce the documents required under this subsection
831	to the division within 3 business days after the request is
832	made.
833	(12) Certificates of election to be exempt issued under
834	subsection (3) shall apply only to the corporate officer named
835	on the notice of election to be exempt and apply only within the
836	scope of the business or trade listed on the notice of election
837	to be exempt.
838	(13) Notices of election to be exempt and certificates of
839	election to be exempt shall be subject to revocation if, at any
840	time after the filing of the notice or the issuance of the
841	certificate, the person named on the notice or certificate no
842	longer meets the requirements of this section for issuance of a
843	certificate. The department shall revoke a certificate at any
844	time for failure of the person named on the certificate to meet
845	the requirements of this section.
846	(14) An officer of a corporation who elects exemption from
847	this chapter by filing a certificate of election under this
848	section may not recover benefits or compensation under this
849	chapter. For purposes of determining the appropriate premium for
850	workers' compensation coverage, carriers may not consider any
851	officer of a corporation who validly meets the requirements of
852	this section to be an employee.
853	Section 4. Section 440.06, Florida Statutes, is amended to
854	read:
855	440.06 Failure to secure compensation; effect.--Every
856	employer who fails to secure the payment of compensation, as
857	provided in s. 440.10, by failing to meet the requirements of
858	under this chapter as provided ins. 440.38 may not, in any suit
859	brought against him or her by an employee subject to this
860	chapter to recover damages for injury or death, defend such a
861	suit on the grounds that the injury was caused by the negligence
862	of a fellow servant, that the employee assumed the risk of his
863	or her employment, or that the injury was due to the comparative
864	negligence of the employee.
865	Section 5. Effective January 1, 2004, section 440.077,
866	Florida Statutes, is amended to read:
867	440.077 When a corporatesole proprietor, partner, or
868	officer rejects chapter, effect.--AnA sole proprietor, partner,
869	or officer of a corporation who is permitted to elect an
870	exemption under this chapteractively engaged in the
871	construction industryand who elects to be exempt from the
872	provisions of this chapter may not recover benefits under this
873	chapter.
874	Section 6. Subsections (1) and (4) of section 440.09,
875	Florida Statutes, are amended and paragraph (e) is added to
876	subsection (7) of said section, to read:
877	440.09 Coverage.--
878	(1) The employer mustshallpay compensation or furnish
879	benefits required by this chapter if the employee suffers an
880	accidental compensableinjury or death arising out of work
881	performed in the course and the scope of employment. The injury,
882	its occupational cause, and any resulting manifestations or
883	disability mustshallbe established to a reasonable degree of
884	medical certainty, based onand by objective relevantmedical
885	findings, and the accidental compensable injury must be the
886	major contributing cause of any resulting injuries. For purposes
887	of this section, “major contributing cause” means the cause
888	which is more than 50 percent responsible for the injury as
889	compared to all other causes combined for which treatment or
890	benefits are sought. In cases involving occupational disease or
891	repetitive exposure, both causation and sufficient exposure to
892	support causation must be proven by clear and convincing
893	evidence. Pain or other subjective complaints alone, in the
894	absence of objective relevant medical findings, are not
895	compensable. For purposes of this section, “objective relevant
896	medical findings” are those objective findings that correlate to
897	the subjective complaints of the injured employee and are
898	confirmed by physical examination findings or diagnostic
899	testing. Establishment of the causal relationship between a
900	compensable accident and injuries for conditions that are not
901	readily observable must be by medical evidence only, as
902	demonstrated by physical examination findings or diagnostic
903	testing. Major contributing cause must be demonstrated by
904	medical evidence only. Mental or nervous injuries occurring as a
905	manifestation of an injury compensable under this section shall
906	be demonstrated by clear and convincing evidence.
907	(a) This chapter does not require any compensation or
908	benefits for any subsequent injury the employee suffers as a
909	result of an original injury arising out of and in the course of
910	employment unless the original injury is the major contributing
911	cause of the subsequent injury. Major contributing cause must be
912	demonstrated by medical evidence only.
913	(b) If an injury arising out of and in the course of
914	employment combines with a preexisting disease or condition to
915	cause or prolong disability or need for treatment, the employer
916	must pay compensation or benefits required by this chapter only
917	to the extent that the injury arising out of and in the course
918	of employment is and remains more than 50 percent responsible
919	for the injury as compared to all other causes combined and
920	thereafter remainsthe major contributing cause of the
921	disability or need for treatment. Major contributing cause must
922	be demonstrated by medical evidence only.
923	(c) Death resulting from an operation by a surgeon
924	furnished by the employer for the cure of hernia as required in
925	s. %_%0%_%[F.S. 1981]shall for the purpose of this chapter be
926	considered to be a death resulting from the accident causing the
927	hernia.
928	(d) If an accident happens while the employee is employed
929	elsewhere than in this state, which would entitle the employee
930	or his or her dependents to compensation if it had happened in
931	this state, the employee or his or her dependents are entitled
932	to compensation if the contract of employment was made in this
933	state, or the employment was principally localized in this
934	state. However, if an employee receives compensation or damages
935	under the laws of any other state, the total compensation for
936	the injury may not be greater than is provided in this chapter.
937	(4)(a)An employee shall not be entitled to compensation or
938	benefits under this chapter if any judge of compensation claims,
939	administrative law judge, court, or jury convened in this state
940	determines that the employee has knowingly or intentionally
941	engaged in any of the acts described in s. 440.105 or any
942	criminal actfor the purpose of securing workers' compensation
943	benefits. For purposes of this section, the term “intentional”
944	shall include, but is not limited to, pleas of guilty or nolo
945	contendere in criminal matters. This section shall apply to
946	accidents, regardless of the date of the accident. For injuries
947	occurring prior to January 1, 1994, this section shall pertain
948	to the acts of the employee described in s. 440.105 or criminal
949	activities occurring subsequent to January 1, 1994.
950	(b) A judge of compensation claims, administrative law
951	judge, or court of this state shall take judicial notice of a
952	finding of insurance fraud by a court of competent jurisdiction
953	and terminate or otherwise disallow benefits.
954	(c) Upon the denial of benefits in accordance with this
955	section, a judge of compensation claims shall have the
956	jurisdiction to order any benefits payable to the employee to be
957	paid into the court registry or an escrow account during the
958	pendency of an appeal or until such time as the time in which to
959	file an appeal has expired.
960	(7)
961	(e) As a part of rebutting any presumptions under
962	paragraph (b), the injured worker must prove the actual
963	quantitative amounts of the drug or its metabolites as measured
964	on the initial and confirmation post-accident drug tests of the
965	injured worker’s urine sample and provide additional evidence
966	regarding the absence of drug influence other than the worker’s
967	denial of being under the influence of a drug. No drug test
968	conducted on a urine sample shall be rejected as to its results
969	or the presumption imposed under paragraph (b) on the basis of
970	the urine being bodily fluid tested.
971	Section 7. Section 440.093, Florida Statutes, is created
972	to read:
973	440.093 Mental and nervous injuries.--
974	(1) A mental or nervous injury due to stress, fright, or
975	excitement only is not an injury by accident arising out of the
976	employment. Nothing in this section shall be construed to allow
977	for the payment of benefits under this chapter for mental or
978	nervous injuries without an accompanying physical injury
979	requiring medical treatment. A physical injury resulting from
980	mental or nervous injuries unaccompanied by physical trauma
981	requiring medical treatment shall not be compensable under this
982	chapter.
983	(2) Mental or nervous injuries occurring as a
984	manifestation of an injury compensable under this chapter shall
985	be demonstrated by clear and convincing medical evidence by a
986	licensed psychiatrist meeting criteria established in the most
987	recent edition of the diagnostic and statistical manual of
988	mental disorders published by the American Psychiatric
989	Association. The compensable physical injury must be and remain
990	the major contributing cause of the mental or nervous condition
991	and the compensable physical injury as determined by reasonable
992	medical certainty must be at least 50 percent responsible for
993	the mental or nervous condition as compared to all other
994	contributing causes combined. Compensation is not payable for
995	the mental, psychological, or emotional injury arising out of
996	depression from being out of work or losing employment
997	opportunities, resulting from a preexisting mental,
998	psychological, or emotional condition or due to pain or other
999	subjective complaints that cannot be substantiated by objective,
1000	relevant medical findings.
1001	(3) Subject to the payment of permanent benefits under s.
1002	440.15, in no event shall benefits for a compensable mental or
1003	nervous injury be paid for more than 3 months after the date of
1004	maximum medical improvement for the injured employee’s physical
1005	injury or injuries, which shall be included in the period of 104
1006	weeks as provided in s. 440.15(2) and (4). Mental or nervous
1007	injuries are compensable only in accordance with the terms of
1008	this section.
1009	Section 8. Effective January 1, 2004, subsection (1) of
1010	section 440.10, Florida Statutes, is amended to read:
1011	440.10 Liability for compensation.--
1012	(1)(a) Every employer coming within the provisions of this
1013	chapter, including any brought within the chapter by waiver of
1014	exclusion or of exemption,shall be liable for, and shall
1015	secure, the payment to his or her employees, or any physician,
1016	surgeon, or pharmacist providing services under the provisions
1017	of s. 440.13, of the compensation payable under ss. 440.13,
1018	440.15, and 440.16. Any contractor or subcontractor who engages
1019	in any public or private construction in the state shall secure
1020	and maintain compensation for his or her employees under this
1021	chapter as provided in s. 440.38.
1022	(b) In case a contractor sublets any part or parts of his
1023	or her contract work to a subcontractor or subcontractors, all
1024	of the employees of such contractor and subcontractor or
1025	subcontractors engaged on such contract work shall be deemed to
1026	be employed in one and the same business or establishment,;and
1027	the contractor shall be liable for, and shall secure, the
1028	payment of compensation to all such employees, except to
1029	employees of a subcontractor who has secured such payment.
1030	(c) A contractor shallmayrequire a subcontractor to
1031	provide evidence of workers' compensation insurance or a copy of
1032	his or her certificate of election. A subcontractor who is a
1033	corporation and has an officer who electselectingto be exempt
1034	as permitted under this chaptera sole proprietor, partner, or
1035	officer of a corporationshall provide a copy of his or her
1036	certificate of exemptionelectionto the contractor.
1037	(d)1. If a contractor becomes liable for the payment of
1038	compensation to the employees of a subcontractor who has failed
1039	to secure such payment in violation of s. 440.38, the contractor
1040	or other third-party payor shall be entitled to recover from the
1041	subcontractor all benefits paid or payable plus interest unless
1042	the contractor and subcontractor have agreed in writing that the
1043	contractor will provide coverage.
1044	2. If a contractor or third-party payor becomes liable for
1045	the payment of compensation to the corporate officeremployeeof
1046	a subcontractor who is activelyengaged in the construction
1047	industry and has elected to be exempt from the provisions of
1048	this chapter, but whose election is invalid, the contractor or
1049	third-party payor may recover from the claimant, partnership,or
1050	corporation all benefits paid or payable plus interest, unless
1051	the contractor and the subcontractor have agreed in writing that
1052	the contractor will provide coverage.
1053	(e) A subcontractor providing services in conjunction with
1054	a contractor on the same project or contract workis not liable
1055	for the payment of compensation to the employees of another
1056	subcontractor or the contractor on such contract work and is not
1057	protected by the exclusiveness-of-liability provisions of s.
1058	440.11 from anyaction at law or in admiralty on account of
1059	injury to anof such employee of another subcontractor, or of
1060	the contractor, provided that:
1061	1. The subcontractor has secured workers’ compensation
1062	insurance for its employees or the contractor has secured such
1063	insurance on behalf of the subcontractor and its employees in
1064	accordance with paragraph (b); and
1065	2. The subcontractor’s own gross negligence was not the
1066	major contributing cause of the injury.
1067	(f) If an employer fails to secure compensation as
1068	required by this chapter, the department shallmayassess
1069	against the employer a penalty not to exceed $5,000 for each
1070	employee of that employer who is classified by the employer as
1071	an independent contractor but who is found by the department to
1072	not meet the criteria for an independent contractor that are set
1073	forth in s. 440.02. The division shall adopt rules to administer
1074	the provisions of this paragraph.
1075	(g) Subject to s. 440.38, any employer who has employees
1076	engaged in work in this state shall obtain a Florida policy or
1077	endorsement for such employees which utilizes Florida class
1078	codes, rates, rules, and manuals that are in compliance with and
1079	approved under the provisions of this chapter and the Florida
1080	Insurance Code. Failure to comply with this paragraph is a
1081	felony of the second degree, punishable as provided in s.
1082	775.082, s. 775.083, or s. 775.084. The department shall adopt
1083	rules for construction industry and nonconstruction-industry
1084	employers with regard to the activities that define what
1085	constitutes being “engaged in work” in this state, using the
1086	following standards:
1087	1. For employees of nonconstruction-industry employers who
1088	have their headquarters outside of Florida and also operate in
1089	Florida and who are routinely crossing state lines, but usually
1090	return to their homes each night, the employee shall be assigned
1091	to the headquarters’ state. However, the construction industry
1092	employees performing new construction or alterations in Florida
1093	shall be assigned to Florida even if the employees return to
1094	their home state each night.
1095	2. The payroll of executive supervisors who may visit a
1096	Florida location but who are not in direct charge of a Florida
1097	location shall be assigned to the state in which the
1098	headquarters is located.
1099	3. For construction contractors who maintain a permanent
1100	staff of employees and superintendents, if any of these
1101	employees or superintendents are assigned to a job that is
1102	located in Florida, either for the duration of the job or any
1103	portion thereof, their payroll shall be assigned to Florida
1104	rather than headquarters’ state.
1105	4. Employees who are hired for a specific project in
1106	Florida shall be assigned to Florida.For purposes of this
1107	section, a person is conclusively presumed to be an independent
1108	contractor if:
1109	1. The independent contractor provides the general
1110	contractor with an affidavit stating that he or she meets all
1111	the requirements of s. 440.02; and
1112	2. The independent contractor provides the general
1113	contractor with a valid certificate of workers' compensation
1114	insurance or a valid certificate of exemption issued by the
1115	department.
1116
1117	A sole proprietor, partner, or officer of a corporation who
1118	elects exemption from this chapter by filing a certificate of
1119	election under s. 440.05 may not recover benefits or
1120	compensation under this chapter. An independent contractor who
1121	provides the general contractor with both an affidavit stating
1122	that he or she meets the requirements of s. 440.02 and a
1123	certificate of exemption is not an employee under s. 440.02 and
1124	may not recover benefits under this chapter. For purposes of
1125	determining the appropriate premium for workers' compensation
1126	coverage, carriers may not consider any person who meets the
1127	requirements of this paragraph to be an employee.
1128	Section 9. Section 440.1025, Florida Statutes, is amended
1129	to read:
1130	440.1025 Consideration of publicEmployer workplace safety
1131	program in rate-setting; program requirements; rulemaking.—
1132	(1) For a public or privateemployer to be eligible for
1133	receipt of specific identifiable consideration under s. 627.0915
1134	for a workplace safety program in the setting of rates, the
1135	publicemployer must have a workplace safety program. At a
1136	minimum, the program must include a written safety policy and
1137	safety rules, and make provision for safety inspections,
1138	preventative maintenance, safety training, first-aid, accident
1139	investigation, and necessary recordkeeping. For purposes of this
1140	section, "public employer" means any agency within state,
1141	county, or municipal government employing individuals for
1142	salary, wages, or other remuneration. The division may adopt
1143	promulgate rules for insurers to utilize in determining public
1144	employer compliance with the requirements of this section.
1145	(2) The division shall publicize on the Internet, and
1146	shall encourage insurers to publicize, the availability of free
1147	safety consultation services and safety program resources.
1148	Section 10. Section 440.103, Florida Statutes, is amended
1149	to read:
1150	440.103 Building permits; identification of minimum
1151	premium policy.--Except as otherwise provided in this chapter,
1152	Every employer shall, as a condition to applying for and
1153	receiving a building permit, show proof and certify to the
1154	permit issuerthat it has secured compensation for its employees
1155	under this chapter as provided in ss. 440.10 and 440.38. Such
1156	proof of compensation must be evidenced by a certificate of
1157	coverage issued by the carrier, a valid exemption certificate
1158	approved by the department or the former Division of Workers'
1159	Compensation of the Department of Labor and Employment Security,
1160	or a copy of the employer's authority to self-insure and shall
1161	be presented each time the employer applies for a building
1162	permit. As provided in s. 627.413(5), each certificate of
1163	coverage must show, on its face, whether or not coverage is
1164	secured under the minimum premium provisions of rules adopted by
1165	rating organizations licensed by the department. The words
1166	"minimum premium policy" or equivalent language shall be typed,
1167	printed, stamped, or legibly handwritten.
1168	Section 11. Section 440.105, Florida Statutes, is amended
1169	to read:
1170	440.105 Prohibited activities; reports; penalties;
1171	limitations.--
1172	(1)(a) Any insurance carrier, any individual self-insured,
1173	any commercial or group self-insurance fund, any professional
1174	practitioner licensed or regulated by the Department of Health
1175	Business and Professional Regulation, except as otherwise
1176	provided by law, any medical review committee as defined in s.
1177	766.101, any private medical review committee, and any insurer,
1178	agent, or other person licensed under the insurance code, or any
1179	employee thereof, having knowledge or who believes that a
1180	fraudulent act or any other act or practice which, upon
1181	conviction, constitutes a felony or misdemeanor under this
1182	chapter is being or has been committed shall send to the
1183	Division of Insurance Fraud, Bureau of Workers' Compensation
1184	Fraud, a report or information pertinent to such knowledge or
1185	belief and such additional information relative thereto as the
1186	bureau may require. The bureau shall review such information or
1187	reports and select such information or reports as, in its
1188	judgment, may require further investigation. It shall then cause
1189	an independent examination of the facts surrounding such
1190	information or report to be made to determine the extent, if
1191	any, to which a fraudulent act or any other act or practice
1192	which, upon conviction, constitutes a felony or a misdemeanor
1193	under this chapter is being committed. The bureau shall report
1194	any alleged violations of law which its investigations disclose
1195	to the appropriate licensing agency and state attorney or other
1196	prosecuting agency having jurisdiction with respect to any such
1197	violations of this chapter. If prosecution by the state attorney
1198	or other prosecuting agency having jurisdiction with respect to
1199	such violation is not begun within 60 days of the bureau's
1200	report, the state attorney or other prosecuting agency having
1201	jurisdiction with respect to such violation shall inform the
1202	bureau of the reasons for the lack of prosecution.
1203	(b) In the absence of fraud or bad faith, a person is not
1204	subject to civil liability for libel, slander, or any other
1205	relevant tort by virtue of filing reports, without malice, or
1206	furnishing other information, without malice, required by this
1207	section or required by the bureau, and no civil cause of action
1208	of any nature shall arise against such person:
1209	1. For any information relating to suspected fraudulent
1210	acts furnished to or received from law enforcement officials,
1211	their agents, or employees;
1212	2. For any information relating to suspected fraudulent
1213	acts furnished to or received from other persons subject to the
1214	provisions of this chapter; or
1215	3. For any such information relating to suspected
1216	fraudulent acts furnished in reports to the bureau, or the
1217	National Association of Insurance Commissioners.
1218	(2) Whoever violates any provision of this subsection
1219	commits a misdemeanor of the firstseconddegree, punishable as
1220	provided in s. 775.082 or s. 775.083.
1221	(a) It shall be unlawful for any employer to knowingly:
1222	1. Coerce or attempt to coerce, as a precondition to
1223	employment or otherwise, an employee to obtain a certificate of
1224	election of exemption pursuant to s. 440.05.
1225	2. Discharge or refuse to hire an employee or job
1226	applicant because the employee or applicant has filed a claim
1227	for benefits under this chapter.
1228	3. Discharge, discipline, or take any other adverse
1229	personnel action against any employee for disclosing information
1230	to the department or any law enforcement agency relating to any
1231	violation or suspected violation of any of the provisions of
1232	this chapter or rules promulgated hereunder.
1233	4. Violate a stop-work order issued by the department
1234	pursuant to s. 440.107.
1235	(b) It shall be unlawful for any insurance entity to
1236	revoke or cancel a workers' compensation insurance policy or
1237	membership because an employer has returned an employee to work
1238	or hired an employee who has filed a workers' compensation
1239	claim.
1240	(3) Whoever violates any provision of this subsection
1241	commits a felonymisdemeanor of the thirdfirstdegree,
1242	punishable as provided in s. 775.082,or s. 775.083, or s.
1243	775.084.
1244	(a) It shall be unlawful for any employer to knowingly
1245	fail to update applications for coverage as required by s.
1246	440.381(1) and department of Insurance rules within 7 days after
1247	the reporting date for any change in the required information,
1248	or to post notice of coverage pursuant to s. 440.40.
1249	(b) It is unlawful for any attorney or other person, in
1250	his or her individual capacity or in his or her capacity as a
1251	public or private employee, or for any firm, corporation,
1252	partnership, or association to receive any fee or other
1253	consideration or any gratuity from a person on account of
1254	services rendered for a person in connection with any
1255	proceedings arising under this chapter, unless such fee,
1256	consideration, or gratuity is approved by a judge of
1257	compensation claims or by the Deputy Chief Judge of Compensation
1258	Claims.
1259	(4) Whoever violates any provision of this subsection
1260	commits insurance fraud, punishable as provided in paragraph
1261	(f).
1262	(a) It shall be unlawful for any employer to knowingly:
1263	1. Present or cause to be presented any false, fraudulent,
1264	or misleading oral or written statement to any person as
1265	evidence of compliance with s. 440.38.
1266	2. Make a deduction from the pay of any employee entitled
1267	to the benefits of this chapter for the purpose of requiring the
1268	employee to pay any portion of premium paid by the employer to a
1269	carrier or to contribute to a benefit fund or department
1270	maintained by such employer for the purpose of providing
1271	compensation or medical services and supplies as required by
1272	this chapter.
1273	3. Fail to secure payment of compensation if required to
1274	do so by this chapter.
1275	(b) It shall be unlawful for any person:
1276	1. To knowingly make, or cause to be made, any false,
1277	fraudulent, or misleading oral or written statement for the
1278	purpose of obtaining or denying any benefit or payment under
1279	this chapter.
1280	2. To present or cause to be presented any written or oral
1281	statement as part of, or in support of, a claim for payment or
1282	other benefit pursuant to any provision of this chapter, knowing
1283	that such statement contains any false, incomplete, or
1284	misleading information concerning any fact or thing material to
1285	such claim.
1286	3. To prepare or cause to be prepared any written or oral
1287	statement that is intended to be presented to any employer,
1288	insurance company, or self-insured program in connection with,
1289	or in support of, any claim for payment or other benefit
1290	pursuant to any provision of this chapter, knowing that such
1291	statement contains any false, incomplete, or misleading
1292	information concerning any fact or thing material to such claim.
1293	4. To knowingly assist, conspire with, or urge any person
1294	to engage in activity prohibited by this section.
1295	5. To knowingly make any false, fraudulent, or misleading
1296	oral or written statement, or to knowingly omit or conceal
1297	material information, required by s. 440.185 or s. 440.381, for
1298	the purpose of obtaining workers' compensation coverage or for
1299	the purpose of avoiding, delaying, or diminishing the amount of
1300	payment of any workers' compensation premiums.
1301	6. To knowingly misrepresent or conceal payroll,
1302	classification of workers, or information regarding an
1303	employer's loss history which would be material to the
1304	computation and application of an experience rating modification
1305	factor for the purpose of avoiding or diminishing the amount of
1306	payment of any workers' compensation premiums.
1307	7. To knowingly present or cause to be presented any
1308	false, fraudulent, or misleading oral or written statement to
1309	any person as evidence of compliance with s. 440.38, as evidence
1310	of eligibility for a certificate of exemption under s. 440.05.
1311	8. To knowingly violate a stop-work order issued by the
1312	department pursuant to s. 440.107.
1313	9. To knowingly present or cause to be presented any
1314	false, fraudulent, or misleading oral or written statement to
1315	any person as evidence of identity for the purpose of obtaining
1316	employment or filing or supporting a claim for workers’
1317	compensation benefits.
1318	(c) It shall be unlawful for any physician licensed under
1319	chapter 458, osteopathic physician licensed under chapter 459,
1320	chiropractic physician licensed under chapter 460, podiatric
1321	physician licensed under chapter 461, optometric physician
1322	licensed under chapter 463, or any other practitioner licensed
1323	under the laws of this state to knowingly and willfully assist,
1324	conspire with, or urge any person to fraudulently violate any of
1325	the provisions of this chapter.
1326	(d) It shall be unlawful for any person or governmental
1327	entity licensed under chapter 395 to maintain or operate a
1328	hospital in such a manner so that such person or governmental
1329	entity knowingly and willfully allows the use of the facilities
1330	of such hospital by any person, in a scheme or conspiracy to
1331	fraudulently violate any of the provisions of this chapter.
1332	(e) It shall be unlawful for any attorney or other person,
1333	in his or her individual capacity or in his or her capacity as a
1334	public or private employee, or any firm, corporation,
1335	partnership, or association, to knowingly assist, conspire with,
1336	or urge any person to fraudulently violate any of the provisions
1337	of this chapter.
1338	(f) If the monetary value amount of any claim or workers'
1339	compensation insurance premium involved in anyviolation of this
1340	subsection:
1341	1. Is less than $20,000, the offender commits a felony of
1342	the third degree, punishable as provided in s. 775.082, s.
1343	775.083, or s. 775.084.
1344	2. Is $20,000 or more, but less than $100,000, the
1345	offender commits a felony of the second degree, punishable as
1346	provided in s. 775.082,. 775.083, or s. 775.084.
1347	3. Is $100,000 or more, the offender commits a felony of
1348	the first degree, punishable as provided in s. 775.082, s.
1349	775.083, or s. 775.084.
1350	(5) It shall be unlawful for any attorney or other person,
1351	in his or her individual capacity or in his or her capacity as a
1352	public or private employee or for any firm, corporation,
1353	partnership, or association, to unlawfully solicit any business
1354	in and about city or county hospitals, courts, or any public
1355	institution or public place; in and about private hospitals or
1356	sanitariums; in and about any private institution; or upon
1357	private property of any character whatsoever for the purpose of
1358	making workers' compensation claims. Whoever violates any
1359	provision of this subsection commits a felony of the second
1360	thirddegree, punishable as provided in s. 775.082, s. 775.083,
1361	or s. 775.085.
1362	(6) This section shall not be construed to preclude the
1363	applicability of any other provision of criminal law that
1364	applies or may apply to any transaction.
1365	(7) For the purpose of the section, the term "statement"
1366	includes, but is not limited to, any notice, representation,
1367	statement, proof of injury, bill for services, diagnosis,
1368	prescription, hospital or doctor records, X ray, test result, or
1369	other evidence of loss, injury, or expense.
1370	(7)(8)An injured employee or any other party making a
1371	claim under this chapter shall provide his or her personal
1372	signature attesting that he or she has reviewed, understands,
1373	and acknowledgesAll claim forms as provided for in this chapter
1374	shall contain a notice that clearly states in substancethe
1375	following statement: "Any person who, knowingly and with intent
1376	to injure, defraud, or deceive any employer or employee,
1377	insurance company, or self-insured program, files a statement of
1378	claim containing any false or misleading information commits
1379	insurance fraud, punishable as provided in s. 817.234." If the
1380	injured employee or other party refuses to sign the document
1381	attestingEach claimant shall personally sign the claim form and
1382	attestthat he or she has reviewed, understands, and
1383	acknowledges the statement, benefits or payments under this
1384	chapter shall be suspended until such signature is obtained
1385	foregoing notice.
1386	Section 12. Subsection (3) of section 440.1051, Florida
1387	Statutes, is amended to read:
1388	440.1051 Fraud reports; civil immunity; criminal
1389	penalties.--
1390	(2) Any person who reports workers' compensation fraud to
1391	the division under subsection (1) is immune from civil liability
1392	for doing so, and the person or entity alleged to have committed
1393	the fraud may not retaliate against him or her for providing
1394	such report, unless the person making the report knows it to be
1395	false.
1396	(3) A person who calls and, knowingly and falsely, reports
1397	workers' compensation fraud or who, in violation of subsection
1398	(2) retaliates against a person for making such report, commits
1399	is guilty of a felonymisdemeanor of the thirdfirstdegree,
1400	punishable as provided in s. 775.082,or s. 775.083, or s.
1401	775.084both.
1402	Section 13. Section 440.107, Florida Statutes, is amended
1403	to read:
1404	440.107 Department powers to enforce employer compliance
1405	with coverage requirements.--
1406	(1) The Legislature finds that the failure of an employer
1407	to comply with the workers' compensation coverage requirements
1408	under this chapter poses an immediate danger to public health,
1409	safety, and welfare. The Legislature authorizes the department
1410	to secure employer compliance with the workers' compensation
1411	coverage requirements and authorizes the department to conduct
1412	investigations for the purpose of ensuring employer compliance.
1413	(2) For the purposes of this section, “securing the
1414	payment of workers’ compensation” means obtaining coverage that
1415	meets the requirements of this chapter and the Florida Insurance
1416	Code. However, if at any time an employer materially understates
1417	or conceals payroll, materially misrepresents or conceals
1418	employee duties so as to avoid proper classification for premium
1419	calculations, or materially misrepresents or conceals
1420	information pertinent to the computation and application of an
1421	experience rating modification factor, such employer shall be
1422	deemed to have failed to secure payment of workers’ compensation
1423	and shall be subject to the sanctions set forth in this section.
1424	A stop-work order issued because an employer is deemed to have
1425	failed to secure the payment of workers’ compensation required
1426	under this chapter because the employer has materially
1427	understated or concealed payroll, materially misrepresented or
1428	concealed employee duties so as to avoid proper classification
1429	for premium calculations, or materially misrepresented or
1430	concealed information pertinent to the computation and
1431	application of an experience rating modification factor shall
1432	have no effect upon an employer’s or carrier’s duty to provide
1433	benefits under this chapter or upon any of the employer’s or
1434	carrier’s rights and defenses under this chapter, including
1435	exclusive remedy.The department and its authorized
1436	representatives may enter and inspect any place of business at
1437	any reasonable time for the limited purpose of investigating
1438	compliance with workers' compensation coverage requirements
1439	under this chapter. Each employer shall keep true and accurate
1440	business records that contain such information as the department
1441	prescribes by rule. The business records must contain
1442	information necessary for the department to determine compliance
1443	with workers' compensation coverage requirements and must be
1444	maintained within this state by the business, in such a manner
1445	as to be accessible within a reasonable time upon request by the
1446	department. The business records must be open to inspection and
1447	be available for copying by the department at any reasonable
1448	time and place and as often as necessary. The department may
1449	require from any employer any sworn or unsworn reports,
1450	pertaining to persons employed by that employer, deemed
1451	necessary for the effective administration of the workers'
1452	compensation coverage requirements.
1453	(3) The department shall enforce workers’ compensation
1454	coverage requirements, including the requirement that the
1455	employer secure the payment of workers’ compensation, and the
1456	requirement that the employer provide the carrier with
1457	information to accurately determine payroll and correctly assign
1458	classification codes. In addition to any other powers under this
1459	chapter, the department shall have the power to:
1460	(a) Conduct investigations for the purpose of ensuring
1461	employer compliance.
1462	(b) Enter and inspect any place of business at any
1463	reasonable time for the purpose of investigating employer
1464	compliance.
1465	(c) Examine and copy business records.
1466	(d) Administer oaths and affirmations.
1467	(e) Certify to official acts.
1468	(f) Issue and serve subpoenas for attendance of witnesses
1469	or production of business records, books, papers,
1470	correspondence, memoranda, and other records.
1471	(g) Issue stop-work orders, penalty assessment orders, and
1472	any other orders necessary for the administration of this
1473	section.
1474	(h) Enforce the terms of a stop-work order.
1475	(i) Levy and pursue actions to recover penalties.
1476	(j) Seek injunctions and other appropriate relief.In
1477	discharging its duties, the department may administer oaths and
1478	affirmations, certify to official acts, issue subpoenas to
1479	compel the attendance of witnesses and the production of books,
1480	papers, correspondence, memoranda, and other records deemed
1481	necessary by the department as evidence in order to ensure
1482	proper with the coverage provisions of this chapter.
1483	(4) The department shall designate representatives who may
1484	serve subpoenas and other process of the department issued under
1485	this section.
1486	(5) The department shall specify by rule the business
1487	records that employers must maintain and produce to comply with
1488	this section.
1489	(6)(4)If a person has refused to obey a subpoena to
1490	appear before the department or its authorized representative or
1491	andproduce evidence requested by the department or to give
1492	testimony about the matter that is under investigation, a court
1493	has jurisdiction to issue an order requiring compliance with the
1494	subpoena if the court has jurisdiction in the geographical area
1495	where the inquiry is being carried on or in the area where the
1496	person who has refused the subpoena is found, resides, or
1497	transacts business. Failure to obey such a court order may be
1498	punished by the court as contempt, either civilly or criminally.
1499	Costs, including reasonable attorney's fees, incurred by the
1500	department to obtain an order granting, in whole or in part, a
1501	petition to enforce a subpoena or a subpoena duces tecum shall
1502	be taxed against the subpoenaed party.
1503	(7)(a)(5)Whenever the department determines that an
1504	employer who is required to secure the payment to his or her
1505	employees of the compensation provided for by this chapter has
1506	failed to secure the payment of workers’ compensation required
1507	by this chapter or produce the required business records under
1508	subsection (5) within 5 business days after receipt of the
1509	written request of the departmentdo so, such failure shall be
1510	deemed an immediate serious danger to public health, safety, or
1511	welfare sufficient to justify service by the department of a
1512	stop-work order on the employer, requiring the cessation of all
1513	business operations at the place of employment or job site. If
1514	the departmentdivision makes such a determination, the
1515	departmentdivisionshall issue a stop-work order within 72
1516	hours. The order shall take effect when served upon the date of
1517	service upon the employer or, for a particular employer
1518	worksite, when served at that worksite. In addition to serving a
1519	stop-work order, which shall be effective immediately, at a
1520	particular worksite, the department shall immediately proceed
1521	with service upon the employer which shall be effective upon all
1522	employer worksites in the state. A stop-work order may be served
1523	with regard to an employer’s worksite by posting a copy of the
1524	stop-work order in a conspicuous location at such site. The
1525	order shall remain in effect until the department issues an
1526	order releasing the stop-work order upon a finding that the
1527	employer has come into compliance with the coverage requirements
1528	of this chapter and has paid any penalty assessed under this
1529	section. The department may require an employer who is found to
1530	have failed to comply with the coverage requirements of s.
1531	440.38 to file with the department, as a condition of release
1532	from a stop-work order, periodic reports that demonstrate the
1533	employer's continued compliance with this chapter for a
1534	probationary period that shall not exceed 2 years. The
1535	department shall by rule specify the reports required and the
1536	time for filing under this subsectionunless the employer
1537	provides evidence satisfactory to the department of having
1538	secured any necessary insurance or self-insurance and pays a
1539	civil penalty to the department, to be deposited by the
1540	department into the Workers' Compensation Administration Trust
1541	Fund, in the amount of $100 per day for each day the employer
1542	was not in compliance with this chapter.
1543	(b) Stop-work orders and penalty assessment orders issued
1544	under this section against a corporation, partnership, or sole
1545	proprietorship shall be in effect against any successor
1546	corporation or business entity that has one or more of the same
1547	principals or officers as the corporation or partnership against
1548	which the stop-work order was issued and is engaged in the same
1549	or related enterprise.
1550	(c) The department shall assess a penalty of $1,000 per
1551	day against an employer for each day that the employer conducts
1552	business operations that are in violation of a stop-work order.
1553	(d)1. In addition to any penalty, stop-work order, or
1554	injunction, the department shall assess against any employer who
1555	has failed to secure the payment of compensation as required by
1556	this chapter a penalty equal to 1.5 times the amount the
1557	employer would have paid in premium when applying approved
1558	manual rates to the employer’s payroll during periods for which
1559	it failed to secure the payment of workers’ compensation
1560	required by this chapter within the preceding 3-year period or
1561	$1,000, whichever is greater.
1562	2. Any subsequent violation within 5 years after the most
1563	recent violation shall, in addition to the penalties set forth
1564	in this subsection, be deemed a knowing act within the meaning
1565	of s. 440.105.
1566	(e) When an employer fails to provide business records
1567	sufficient to enable the department to determine the employer’s
1568	payroll for the period requested for the calculation of the
1569	penalty provided in paragraph (d), for penalty calculation
1570	purposes, the imputed weekly payroll for each employee,
1571	corporate officer, sole proprietor, or partner shall be the
1572	statewide average weekly wage as defined in s. 440.12(2)
1573	multiplied by 1.5.
1574	(f) In addition to any other penalties provided for in
1575	this chapter, the department may assess against the employer a
1576	penalty of $5,000 for each employee of that employer who the
1577	employer represents to the department or carrier as an
1578	independent contractor but who is determined by the department
1579	not to be an independent contractor as defined in s. 440.02.
1580	(8)(6)In addition to the issuance of a stop-work order
1581	under subsection (7),the department may file a complaint in the
1582	circuit court in and for Leon County to enjoin any employer,who
1583	has failed to secure the payment of workers’ compensation as
1584	required by this chapter,from employing individuals and from
1585	conducting business until the employer presents evidence
1586	satisfactory to the department of having secured the payment of
1587	workers’for compensation required by this chapterand pays a
1588	civil penalty assessed byto the department under this section,
1589	to be deposited by the department into the Workers' Compensation
1590	Administration Trust Fund, in the amount of $100 per day for
1591	each day the employer was not in compliance with this chapter.
1592	(9)(7) In addition to any penalty, stop-work order, or
1593	injunction, the department shall assess against any employer,
1594	who has failed to secure the payment of compensation as required
1595	by this chapter, a penalty in the following amount:
1596	(a) An amount equal to at least the amount that the
1597	employer would have paid or up to twice the amount the employer
1598	would have paid during periods it illegally failed to secure
1599	payment of compensation in the preceding 3-year period based on
1600	the employer's payroll during the preceding 3-year period; or
1601	(b) One thousand dollars, whichever is greater. Any
1602	penalty assessed under this subsection is due within 30 days
1603	after the date on which the employer is notified, except that,
1604	if the department has posted a stop-work order or obtained
1605	injunctive relief against the employer, payment is due, in
1606	addition to those conditions set forth in this section, as a
1607	condition to relief from a stop-work order or an injunction.
1608	Interest shall accrue on amounts not paidwhen due at the rate
1609	of 1 percent per month. The departmentdivisionshall adopt
1610	rules to administer this section.
1611	(10)(8)The department may bring an action in circuit
1612	court to recover penalties assessed under this section,
1613	including any interest owed to the department pursuant to this
1614	section. In any action brought by the department pursuant to
1615	this section in which it prevails, the circuit court shall award
1616	costs, including the reasonable costs of investigation and a
1617	reasonable attorney's fee.
1618	(11)(9)Any judgment obtained by the department and any
1619	penalty due pursuant to the service of a stop-work order or
1620	otherwise due under this section shall, until collected,
1621	constitute a lien upon the entire interest of the employer,
1622	legal or equitable, in any property, real or personal, tangible
1623	or intangible; however, such lien is subordinate to claims for
1624	unpaid wages and any prior recorded liens, and a lien created by
1625	this section is not valid against any person who, subsequent to
1626	such lien and in good faith and for value, purchases real or
1627	personal property from such employer or becomes the mortgagee on
1628	real or personal property of such employer, or against a
1629	subsequent attaching creditor, unless, with respect to real
1630	estate of the employer, a notice of the lien is recorded in the
1631	public records of the county where the real estate is located,
1632	and with respect to personal property of the employer, notice is
1633	recorded with the Secretary of State.
1634	(12)(10)Any law enforcement agency in the state may, at
1635	the request of the department, render any assistance necessary
1636	to carry out the provisions of this section, including, but not
1637	limited to, preventing any employee or other person from
1638	remaining at a place of employment or job site after a stop-work
1639	order or injunction has taken effect.
1640	(13)(11)Agency actionActionsby the department under
1641	this section, if contested,must be contested as provided in
1642	chapter 120. All civilpenalties assessed by the department must
1643	be paid into the Workers' Compensation Administration Trust
1644	Fund. The department shall return any sums previously paid, upon
1645	conclusion of an action, if the department fails to prevail and
1646	if so directed by an order of court or an administrative hearing
1647	officer. The requirements of this subsection may be met by
1648	posting a bond in an amount equal to twice the penalty and in a
1649	form approved by the department.
1650	(14)(12) If the departmentdivisionfinds that an employer
1651	who is certified or registered under part I or part II of
1652	chapter 489 and who is required to secure the payment of
1653	workers’the compensation underprovided for bythis chapter to
1654	his or her employees has failed to do so, the department
1655	divisionshall immediately notify the Department of Business and
1656	Professional Regulation.
1657	Section 14. Subsections (1) and (3) of section 440.11,
1658	Florida Statutes, are amended to read:
1659	440.11 Exclusiveness of liability.--
1660	(1) The liability of an employer prescribed in s. 440.10
1661	shall be exclusive and in place of all other liability,
1662	including vicarious liability,of such employer to any third-
1663	party tortfeasor and to the employee, the legal representative
1664	thereof, husband or wife, parents, dependents, next of kin, and
1665	anyone otherwise entitled to recover damages from such employer
1666	at law or in admiralty on account of such injury or death,
1667	except as follows:that
1668	(a)If an employer fails to secure payment of compensation
1669	as required by this chapter, an injured employee, or the legal
1670	representative thereof in case death results from the injury,
1671	may elect to claim compensation under this chapter or to
1672	maintain an action at law or in admiralty for damages on account
1673	of such injury or death. In such action the defendant may not
1674	plead as a defense that the injury was caused by negligence of a
1675	fellow employee, that the employee assumed the risk of the
1676	employment, or that the injury was due to the comparative
1677	negligence of the employee.
1678	(b) When an employer commits an intentional tort that
1679	causes the injury or death of the employee. For purposes of this
1680	paragraph, an employer’s actions shall be deemed to constitute
1681	an intentional tort and not an accident only when the employee
1682	proves, by clear and convincing evidence, that:
1683	1. The employer deliberately intended to injure the
1684	employee; or
1685	2. The employer engaged in conduct that the employer knew,
1686	based on prior similar accidents or on explicit warnings
1687	specifically identifying a known danger, was certain to result
1688	in injury or death to the employee, and the employee was not
1689	aware of the risk because the danger was not apparent and the
1690	employer deliberately concealed or misrepresented the danger so
1691	as to prevent the employee from exercising informed judgment
1692	about whether to perform the work.
1693
1694	The same immunities from liability enjoyed by an employer shall
1695	extend as well to each employee of the employer when such
1696	employee is acting in furtherance of the employer's business and
1697	the injured employee is entitled to receive benefits under this
1698	chapter. Such fellow-employee immunities shall not be applicable
1699	to an employee who acts, with respect to a fellow employee, with
1700	willful and wanton disregard or unprovoked physical aggression
1701	or with gross negligence when such acts result in injury or
1702	death or such acts proximately cause such injury or death, nor
1703	shall such immunities be applicable to employees of the same
1704	employer when each is operating in the furtherance of the
1705	employer's business but they are assigned primarily to unrelated
1706	works within private or public employment. The same immunity
1707	provisions enjoyed by an employer shall also apply to any sole
1708	proprietor, partner, corporate officer or director, supervisor,
1709	or other person who in the course and scope of his or her duties
1710	acts in a managerial or policymaking capacity and the conduct
1711	which caused the alleged injury arose within the course and
1712	scope of said managerial or policymaking duties and was not a
1713	violation of a law, whether or not a violation was charged, for
1714	which the maximum penalty which may be imposed does not exceed
1715	60 days' imprisonment as set forth in s. 775.082. The immunity
1716	from liability provided in this subsection extends to county
1717	governments with respect to employees of county constitutional
1718	officers whose offices are funded by the board of county
1719	commissioners.
1720	(3) An employer's workers' compensation carrier, service
1721	agent, or safety consultant shall not be liable as a third-party
1722	tortfeasor to employees of the employer or employees of its
1723	subcontractors for assisting the employer and its
1724	subcontractors, if any,in carrying out the employer's rights
1725	and responsibilities under this chapter by furnishing any safety
1726	inspection, safety consultative service, or other safety service
1727	incidental to the workers' compensation or employers' liability
1728	coverage or to the workers' compensation or employer's liability
1729	servicing contract. Without limitation, a safety consultant may
1730	include an owner, as defined in chapter 713, or an owner’s
1731	related, affiliated, or subsidiary companies and the employees
1732	of each.The exclusion from liability under this subsection
1733	shall not apply in any case in which injury or death is
1734	proximately caused by the willful and unprovoked physical
1735	aggression, or by the negligent operation of a motor vehicle, by
1736	employees, officers, or directors of the employer's workers'
1737	compensation carrier, service agent, or safety consultant.
1738	Section 15. Section 440.13, Florida Statutes, is amended
1739	to read:
1740	440.13 Medical services and supplies; penalty for
1741	violations; limitations.--
1742	(1) DEFINITIONS.-- As used in this section, the term:
1743	(a) "Alternate medical care" means a change in treatment
1744	or health care provider.
1745	(b) "Attendant care" means care rendered by trained
1746	professional attendants which is beyond the scope of household
1747	duties. Family members may provide nonprofessional attendant
1748	care, but may not be compensated under this chapter for care
1749	that falls within the scope of household duties and other
1750	services normally and gratuitously provided by family members.
1751	"Family member" means a spouse, father, mother, brother, sister,
1752	child, grandchild, father-in-law, mother-in-law, aunt, or uncle.
1753	(c) "Carrier" means, for purposes of this section,
1754	insurance carrier, self-insurance fund or individually self-
1755	insured employer, assessable mutual insurer.
1756	(d) "Catastrophic injury" means an injury as defined in s.
1757	440.02.
1758	(e) "Certified health care provider" means a health care
1759	provider who has been certified by the agency or who has entered
1760	an agreement with a licensed managed care organization to
1761	provide treatment to injured workers under this section.
1762	Certification of such health care provider must include
1763	documentation that the health care provider has read and is
1764	familiar with the portions of the statute, impairment guides,
1765	practice parameters, protocols of treatment,and rules which
1766	govern the provision of remedial treatment, care, and
1767	attendance.
1768	(f) "Compensable" means a determination by a carrier or
1769	judge of compensation claims that a condition suffered by an
1770	employee results from an injury arising out of and in the course
1771	of employment.
1772	(g) "Emergency services and care" means emergency services
1773	and care as defined in s. 395.002.
1774	(h) "Health care facility" means any hospital licensed
1775	under chapter 395 and any health care institution licensed under
1776	chapter 400.
1777	(i) "Health care provider" means a physician or any
1778	recognized practitioner who provides skilled services pursuant
1779	to a prescription or under the supervision or direction of a
1780	physician and who has been certified by the agency as a health
1781	care provider. The term "health care provider" includes a health
1782	care facility.
1783	(j) "Independent medical examiner" means a physician
1784	selected by either an employee or a carrier to render one or
1785	more independent medical examinations in connection with a
1786	dispute arising under this chapter.
1787	(k) "Independent medical examination" means an objective
1788	evaluation of the injured employee's medical condition,
1789	including, but not limited to, impairment or work status,
1790	performed by a physician or an expert medical advisor at the
1791	request of a party, a judge of compensation claims, or the
1792	agency to assist in the resolution of a dispute arising under
1793	this chapter.
1794	(l) “Instance of overutilization" means a specific
1795	inappropriate service or level of service provided to an injured
1796	employee that includes the provision of treatment in excess of
1797	established practice parameters and protocols of treatment
1798	established in accordance with this chapter.
1799	(m) "Medically necessary" or “medical necessity”means any
1800	medical service or medical supply which is used to identify or
1801	treat an illness or injury, is appropriate to the patient's
1802	diagnosis and status of recovery, and is consistent with the
1803	location of service, the level of care provided, and applicable
1804	practice parameters. The service should be widely accepted among
1805	practicing health care providers, based on scientific criteria,
1806	and determined to be reasonably safe. The service must not be of
1807	an experimental, investigative, or research nature, except in
1808	those instances in which prior approval of the Agency for Health
1809	Care Administration has been obtained. The Agency for Health
1810	Care Administration shall adopt rules providing for such
1811	approval on a case-by-case basis when the service or supply is
1812	shown to have significant benefits to the recovery and well-
1813	being of the patient.
1814	(n) "Medicine" means a drug prescribed by an authorized
1815	health care provider and includes only generic drugs or single-
1816	source patented drugs for which there is no generic equivalent,
1817	unless the authorized health care provider writes or states that
1818	the brand-name drug as defined in s. 465.025 is medically
1819	necessary, or is a drug appearing on the schedule of drugs
1820	created pursuant to s. 465.025(6), or is available at a cost
1821	lower than its generic equivalent.
1822	(o) "Palliative care" means noncurative medical services
1823	that mitigate the conditions, effects, or pain of an injury.
1824	(p) "Pattern or practice of overutilization" means
1825	repetition of instances of overutilization within a specific
1826	medical case or multiple cases by a single health care provider.
1827	(q) "Peer review" means an evaluation by two or more
1828	physicians licensed under the same authority and with the same
1829	or similar specialty as the physician under review, of the
1830	appropriateness, quality, and cost of health care and health
1831	services provided to a patient, based on medically accepted
1832	standards.
1833	(r) "Physician" or "doctor" means a physician licensed
1834	under chapter 458, an osteopathic physician licensed under
1835	chapter 459, a chiropractic physician licensed under chapter
1836	460, a podiatric physician licensed under chapter 461, an
1837	optometrist licensed under chapter 463, or a dentist licensed
1838	under chapter 466, each of whom must be certified by the agency
1839	as a health care provider.
1840	(s) "Reimbursement dispute" means any disagreement between
1841	a health care provider or health care facility and carrier
1842	concerning payment for medical treatment.
1843	(t) “Utilization control" means a systematic process of
1844	implementing measures that assure overall management and cost
1845	containment of services delivered, including compliance with
1846	practice parameters and protocols of treatment as provided for
1847	in this chapter.
1848	(u) "Utilization review" means the evaluation of the
1849	appropriateness of both the level and the quality of health care
1850	and health services provided to a patient, including, but not
1851	limited to, evaluation of the appropriateness of treatment,
1852	hospitalization, or office visits based on medically accepted
1853	standards. Such evaluation must be accomplished by means of a
1854	system that identifies the utilization of medical services based
1855	on practice parameters and protocols of treatment as provided
1856	for in this chaptermedically accepted standards as established
1857	by medical consultants with qualifications similar to those
1858	providing the care under review, and that refers patterns and
1859	practices of overutilization to the agency.
1860	(2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--
1861	(a) Subject to the limitations specified elsewhere in this
1862	chapter, the employer shall furnish to the employee such
1863	medically necessary remedial treatment, care, and attendance for
1864	such period as the nature of the injury or the process of
1865	recovery may require, which is in accordance with established
1866	practice parameters and protocols of treatment as provided for
1867	in this chapter, including medicines, medical supplies, durable
1868	medical equipment, orthoses, prostheses, and other medically
1869	necessary apparatus. Remedial treatment, care, and attendance,
1870	including work-hardening programs or pain-management programs
1871	accredited by the Commission on Accreditation of Rehabilitation
1872	Facilities or Joint Commission on the Accreditation of Health
1873	Organizations or pain-management programs affiliated with
1874	medical schools, shall be considered as covered treatment only
1875	when such care is given based on a referral by a physician as
1876	defined in this chapter. Each facility shall maintain outcome
1877	data, including work status at discharges, total program
1878	charges, total number of visits, and length of stay. The
1879	department shall utilize such data and report to the President
1880	of the Senate and the Speaker of the House of Representatives
1881	regarding the efficacy and cost-effectiveness of such program,
1882	no later than October 1, 1994.Medically necessary treatment,
1883	care, and attendance does not include chiropractic services in
1884	excess of 18 treatments or rendered 8 weeks beyond the date of
1885	the initial chiropractic treatment, whichever comes first,
1886	unless the carrier authorizes additional treatment or the
1887	employee is catastrophically injured.
1888	(b) The employer shall provide appropriate professional or
1889	nonprofessional attendant care performed only at the direction
1890	and control of a physician when such care is medically
1891	necessary. The physician shall prescribe such care in writing.
1892	The employer or carrier shall not be responsible for such care
1893	until the prescription for attendant care is received by the
1894	employer and carrier, which shall specify the time periods for
1895	such care, the level of care required, and the type of
1896	assistance required. A prescription for attendant care shall not
1897	prescribe such care retroactively.The value of nonprofessional
1898	attendant care provided by a family member must be determined as
1899	follows:
1900	1. If the family member is not employed or if the family
1901	member is employed and is providing attendant care services
1902	during hours that he or she is not engaged in employment, the
1903	per-hour value equals the federal minimum hourly wage.
1904	2. If the family member is employed and elects to leave
1905	that employment to provide attendant or custodial care, the per-
1906	hour value of that care equals the per-hour value of the family
1907	member's former employment, not to exceed the per-hour value of
1908	such care available in the community at large. A family member
1909	or a combination of family members providing nonprofessional
1910	attendant care under this paragraph may not be compensated for
1911	more than a total of 12 hours per day.
1912	3. If the family member remains employed while providing
1913	attendant or custodial care, the per-hour value of that care
1914	equals the per-hour value of the family member’s employment, not
1915	to exceed the per-hour value of such care available in the
1916	community at large.
1917	(c) If the employer fails to provide initialtreatment or
1918	care required by this section after request by the injured
1919	employee, the employee may obtain such initialtreatment at the
1920	expense of the employer, if the initial treatment or careis
1921	compensable and medically necessary and is in accordance with
1922	established practice parameters and protocols of treatment as
1923	provided for in this chapter. There must be a specific request
1924	for the initial treatment or care, and the employer or carrier
1925	must be given a reasonable time period within which to provide
1926	the initialtreatment or care. However, the employee is not
1927	entitled to recover any amount personally expended for the
1928	initial treatment or careserviceunless he or she has requested
1929	the employer to furnish that initialtreatment or service and
1930	the employer has failed, refused, or neglected to do so within a
1931	reasonable time or unless the nature of the injury requires such
1932	initialtreatment, nursing, and services and the employer or his
1933	or her superintendent or foreman, having knowledge of the
1934	injury, has neglected to provide the initial treatment or care
1935	service.
1936	(d) The carrier has the right to transfer the care of an
1937	injured employee from the attending health care provider if an
1938	independent medical examination determines that the employee is
1939	not making appropriate progress in recuperation.
1940	(e) Except in emergency situations and for treatment
1941	rendered by a managed care arrangement, after any initial
1942	examination and diagnosis by a physician providing remedial
1943	treatment, care, and attendance, and before a proposed course of
1944	medical treatment begins, each insurer shall review, in
1945	accordance with the requirements of this chapter, the proposed
1946	course of treatment, to determine whether such treatment would
1947	be recognized as reasonably prudent. The review must be in
1948	accordance with all applicable workers' compensation practice
1949	parameters and protocols of treatment established in accordance
1950	with this chapter. The insurer must accept any such proposed
1951	course of treatment unless the insurer notifies the physician of
1952	its specific objections to the proposed course of treatment by
1953	the close of the tenth business day after notification by the
1954	physician, or a supervised designee of the physician, of the
1955	proposed course of treatment.
1956	(f) Upon the written request of the employee, the carrier
1957	shall give the employee the opportunity for one change of
1958	physician during the course of treatment for any one accident.
1959	Upon the granting of a change of physician, the originally
1960	authorized physician in the same specialty as the changed
1961	physician shall become deauthorized upon written notification by
1962	the employer or carrier. The carrier shall authorize an
1963	alternative physician who shall not be professionally affiliated
1964	with the previous physician within 5 days after receipt of the
1965	request. If the carrier fails to provide a change of physician
1966	as requested by the employee, the employee may select the
1967	physician and such physician shall be considered authorized if
1968	the treatment being provided is compensable and medically
1969	necessary.
1970
1971	Failure of the carrier to timely comply with this subsection
1972	shall be a violation of this chapter and the carrier shall be
1973	subject to penalties as provided for in s. 440.525.The employee
1974	shall be entitled to select another physician from among not
1975	fewer than three carrier-authorized physicians who are not
1976	professionally affiliated.
1977	(3) PROVIDER ELIGIBILITY; AUTHORIZATION.--
1978	(a) As a condition to eligibility for payment under this
1979	chapter, a health care provider who renders services must be a
1980	certified health care provider and must receive authorization
1981	from the carrier before providing treatment. This paragraph does
1982	not apply to emergency care. The agency shall adopt rules to
1983	implement the certification of health care providers.
1984	(b) A health care provider who renders emergency care must
1985	notify the carrier by the close of the third business day after
1986	it has rendered such care. If the emergency care results in
1987	admission of the employee to a health care facility, the health
1988	care provider must notify the carrier by telephone within 24
1989	hours after initial treatment. Emergency care is not compensable
1990	under this chapter unless the injury requiring emergency care
1991	arose as a result of a work-related accident. Pursuant to
1992	chapter 395, all licensed physicians and health care providers
1993	in this state shall be required to make their services available
1994	for emergency treatment of any employee eligible for workers'
1995	compensation benefits. To refuse to make such treatment
1996	available is cause for revocation of a license.
1997	(c) A health care provider may not refer the employee to
1998	another health care provider, diagnostic facility, therapy
1999	center, or other facility without prior authorization from the
2000	carrier, except when emergency care is rendered. Any referral
2001	must be to a health care provider that has been certified by the
2002	agency, unless the referral is for emergency treatment, and the
2003	referral must be made in accordance with practice parameters and
2004	protocols of treatment as provided for in this chapter.
2005	(d) A carrier must respond, by telephone or in writing, to
2006	a request for authorization from an authorized health care
2007	providerby the close of the third business day after receipt of
2008	the request. A carrier who fails to respond to a written request
2009	for authorization for referral for medical treatment by the
2010	close of the third business day after receipt of the request
2011	consents to the medical necessity for such treatment. All such
2012	requests must be made to the carrier. Notice to the carrier does
2013	not include notice to the employer.
2014	(e) Carriers shall adopt procedures for receiving,
2015	reviewing, documenting, and responding to requests for
2016	authorization. Such procedures shall be for a health care
2017	provider certified under this section.
2018	(f) By accepting payment under this chapter for treatment
2019	rendered to an injured employee, a health care provider consents
2020	to the jurisdiction of the agency as set forth in subsection
2021	(11) and to the submission of all records and other information
2022	concerning such treatment to the agency in connection with a
2023	reimbursement dispute, audit, or review as provided by this
2024	section. The health care provider must further agree to comply
2025	with any decision of the agency rendered under this section.
2026	(g) The employee is not liable for payment for medical
2027	treatment or services provided pursuant to this section except
2028	as otherwise provided in this section.
2029	(h) The provisions of s. 456.053 are applicable to
2030	referrals among health care providers, as defined in subsection
2031	(1), treating injured workers.
2032	(i) Notwithstanding paragraph (d), a claim for specialist
2033	consultations, surgical operations, physiotherapeutic or
2034	occupational therapy procedures, X-ray examinations, or special
2035	diagnostic laboratory tests that cost more than $1,000 and other
2036	specialty services that the agency identifies by rule is not
2037	valid and reimbursable unless the services have been expressly
2038	authorized by the carrier, or unless the carrier has failed to
2039	respond within 10 days to a written request for authorization,
2040	or unless emergency care is required. The insurer shall not
2041	refuse toauthorize such consultation or procedure unless the
2042	health care provider or facility is not authorized or certified,
2043	unless such treatment is not in accordance with practice
2044	parameters and protocols of treatment established in this
2045	chapter, or unless a judge of compensation claimsan expert
2046	medical advisorhas determined that the consultation or
2047	procedure is not medically necessary, not in accordance with the
2048	practice parameters and protocols of treatment established in
2049	this chapter, or otherwise notcompensable under this chapter.
2050	Authorization of a treatment plan does not constitute express
2051	authorization for purposes of this section, except to the extent
2052	the carrier provides otherwise in its authorization procedures.
2053	This paragraph does not limit the carrier's obligation to
2054	identify and disallow overutilization or billing errors.
2055	(j) Notwithstanding anything in this chapter to the
2056	contrary, a sick or injured employee shall be entitled, at all
2057	times, to free, full, and absolute choice in the selection of
2058	the pharmacy or pharmacist dispensing and filling prescriptions
2059	for medicines required under this chapter. It is expressly
2060	forbidden for the agency, an employer, or a carrier, or any
2061	agent or representative of the agency, an employer, or a
2062	carrier to select the pharmacy or pharmacist which the sick or
2063	injured employee must use; condition coverage or payment on the
2064	basis of the pharmacy or pharmacist utilized; or to otherwise
2065	interfere in the selection by the sick or injured employee of a
2066	pharmacy or pharmacist.
2067	(4) NOTICE OF TREATMENT TO CARRIER; FILING WITH
2068	DEPARTMENT.--
2069	(a) Any health care provider providing necessary remedial
2070	treatment, care, or attendance to any injured worker shall
2071	submit treatment reports to the carrier in a format prescribed
2072	by the department in consultation with the agency. A claim for
2073	medical or surgical treatment is not valid or enforceable
2074	against such employer or employee, unless, by the close of the
2075	third business day following the first treatment, the physician
2076	providing the treatment furnishes to the employer or carrier a
2077	preliminary notice of the injury and treatment in a formaton
2078	forms prescribed by the department in consultation with the
2079	agencyand, within 15 days thereafter, furnishes to the employer
2080	or carrier a complete report, and subsequent thereto furnishes
2081	progress reports, if requested by the employer or insurance
2082	carrier, at intervals of not less than 3 weeks apart or at less
2083	frequent intervals if requested in a formaton formsprescribed
2084	by the department in consultation with the agency.
2085	(b) Upon the request of the department or agency, each
2086	medical report or bill obtained or received by the employer, the
2087	carrier, or the injured employee, or the attorney for the
2088	employer, carrier, or injured employee, with respect to the
2089	remedial treatment, care, and attendance of the injured
2090	employee, including any report of an examination, diagnosis, or
2091	disability evaluation, must be produced by the health care
2092	provider tofiled with the department or agencypursuant to
2093	rules adopted by the department in consultation with the agency.
2094	The health care provider shall also furnish to the injured
2095	employee or to his or her attorney and the employer or carrier
2096	or its attorney, on demand, a copy of his or her office chart,
2097	records, and reports, and may charge the injured employee no
2098	more than 50 cents per page for copying the records and the
2099	actual direct cost to the health care provider or health care
2100	facility for X rays, microfilm, or other nonpaper recordsan
2101	amount authorized by the department for the copies. Each such
2102	health care provider shall provide to the agency ordepartment
2103	information about the remedial treatment, care, and attendance
2104	which the agency ordepartment reasonably requests.
2105	(c) It is the policy for the administration of the
2106	workers' compensation system that there shallbe reasonable
2107	access to medical information by all parties to facilitate the
2108	self-executing features of the law. An employee who reports an
2109	injury or illness alleged to be work-related waives any
2110	physician-patient privilege with respect to any condition or
2111	complaint reasonably related to the condition for which the
2112	employee claims compensation.Notwithstanding the limitations in
2113	s. 456.057 and subject to the limitations in s. 381.004, upon
2114	the request of the employer, the carrier, an authorized
2115	qualified rehabilitation provider, or the attorney for the
2116	employer or carrier, the medical records, reports, and
2117	information of an injured employee relevant to the particular
2118	injury or illness for which compensation is soughtmust be
2119	furnished to those persons and the medical condition of the
2120	injured employee must be discussed with those persons, if the
2121	records and the discussions are restricted to conditions
2122	relating to the workplace injury. Release of medical information
2123	by the health care provider or other physician does not require
2124	the authorization of the injured employee. If medical records,
2125	reports, and information of an injured employee are sought from
2126	health care providers who are not subject to the jurisdiction of
2127	the state, the injured employee shall sign an authorization
2128	allowing for the employer or carrier to obtain the medical
2129	records, reports, or information. Any such discussions or
2130	release of informationmay be held before or after the filing of
2131	a claim or petition for benefitswithout the knowledge, consent,
2132	or presence of any other party or his or her agent or
2133	representative. A health care provider who willfully refuses to
2134	provide medical records or to discuss the medical condition of
2135	the injured employee, after a reasonable request is made for
2136	such information pursuant to this subsection, shall be subject
2137	by the departmentagencyto one or more of the penalties set
2138	forth in paragraph (8)(b). The department may adopt rules to
2139	carry out this subsection.
2140	(5) INDEPENDENT MEDICAL EXAMINATIONS.--
2141	(a) In any dispute concerning overutilization, medical
2142	benefits, compensability, or disability under this chapter, the
2143	carrier or the employee may select an independent medical
2144	examiner. If the parties agree,the examiner may be a health
2145	care provider treating or providing other care to the employee.
2146	An independent medical examiner may not render an opinion
2147	outside his or her area of expertise, as demonstrated by
2148	licensure and applicable practice parameters. The employer and
2149	employee shall be entitled to only one independent medical
2150	examination per accident and not one independent medical
2151	examination per medical specialty. The party requesting and
2152	selecting the independent medical examination shall be
2153	responsible for all expenses associated with said examination,
2154	including, but not limited to, medically necessary diagnostic
2155	testing performed and physician or medical care provider fees
2156	for the evaluation. The party selecting the independent medical
2157	examination shall identify the choice of the independent medical
2158	examiner to all other parties within 15 days after the date the
2159	independent medical examination is to take place. Failure to
2160	timely provide such notification shall preclude the requesting
2161	party from submitting the findings of such independent medical
2162	examiner in a proceeding before a judge of compensation claims.
2163	The independent medical examiner may not provide followup care
2164	if such recommendation for care is found to be medically
2165	necessary. If the employee prevails in a medical dispute as
2166	determined in an order by a judge of compensation claims or if
2167	benefits are paid or treatment provided after the employee has
2168	obtained an independent medical examination based upon the
2169	examiner’s findings, the costs of such examination shall be paid
2170	by the employer or carrier.
2171	(b) Each party is bound by his or her selection of an
2172	independent medical examiner, including the selection of the
2173	independent medical examiner in accordance with s. 440.134 and
2174	the opinions of such independent medical examiner. Each party
2175	andis entitled to an alternate examiner only if:
2176	1. The examiner is not qualified to render an opinion upon
2177	an aspect of the employee's illness or injury which is material
2178	to the claim or petition for benefits;
2179	2. The examiner ceases to practice in the specialty
2180	relevant to the employee's condition;
2181	3. The examiner is unavailable due to injury, death, or
2182	relocation outside a reasonably accessible geographic area; or
2183	4. The parties agree to an alternate examiner.
2184
2185	Any party may request, or a judge of compensation claims may
2186	require, designation of an agency medical advisor as an
2187	independent medical examiner. The opinion of the advisors acting
2188	as examiners shall not be afforded the presumption set forth in
2189	paragraph (9)(c).
2190	(c) The carrier may, at its election, contact the claimant
2191	directly to schedule a reasonable time for an independent
2192	medical examination. The carrier must confirm the scheduling
2193	agreement in writing with the claimant and thewithin 5 days and
2194	notifyclaimant's counsel, if any, at least 7 days before the
2195	date upon which the independent medical examination is scheduled
2196	to occur. An attorney representing a claimant is not authorized
2197	to schedule the self-insured employer’s or carrier’sindependent
2198	medical evaluations under this subsection. Neither the self-
2199	insured employer nor the carrier shall be responsible for
2200	scheduling any independent medical examination other than an
2201	employer or carrier independent medical examination.
2202	(d) If the employee fails to appear for the independent
2203	medical examination scheduled by the employer or carrierwithout
2204	good cause and fails to advise the physician at least 24 hours
2205	before the scheduled date for the examination that he or she
2206	cannot appear, the employee is barred from recovering
2207	compensation for any period during which he or she has refused
2208	to submit to such examination. Further, the employee shall
2209	reimburse the employer orcarrier 50 percent of the physician's
2210	cancellation or no-show fee unless the employer orcarrier that
2211	schedules the examination fails to timely provide to the
2212	employee a written confirmation of the date of the examination
2213	pursuant to paragraph (c) which includes an explanation of why
2214	he or she failed to appear. The employee may appeal to a judge
2215	of compensation claims for reimbursement when the employer or
2216	carrier withholds payment in excess of the authority granted by
2217	this section.
2218	(e) No medical opinion other than the opinion of a medical
2219	advisor appointed by the judge of compensation claims or the
2220	departmentagency, an independent medical examiner, or an
2221	authorized treating provider is admissible in proceedings before
2222	the judges of compensation claims.
2223	(f) Attorney’s fees incurred by an injured employee in
2224	connection with delay of or opposition to an independent medical
2225	examination, including, but not limited to, motions for
2226	protective orders, are not recoverable under this chapter.
2227	(g) When a medical dispute arises, the parties may
2228	mutually agree to refer the employee to a licensed physician
2229	specializing in the diagnosis and treatment of the medical
2230	condition at issue for an independent medical examination and
2231	report. Such medical examination shall be referred to as a
2232	“consensus independent medical examination.” The findings and
2233	conclusions of such mutually agreed upon consensus independent
2234	medical examination shall be binding on the parties and shall
2235	constitute resolution of the medical dispute addressed in the
2236	independent consensus medical examination and in any proceeding.
2237	Agreement by the parties to a consensus independent medical
2238	examination shall not affect the employer's, carrier's, or
2239	employee's entitlement to one independent medical examination
2240	per accident as provided for in this subsection.
2241	(6) UTILIZATION REVIEW.--Carriers shall review all bills,
2242	invoices, and other claims for payment submitted by health care
2243	providers in order to identify overutilization and billing
2244	errors, including compliance with practice parameters and
2245	protocols of treatment established in accordance with this
2246	chapter, and may hire peer review consultants or conduct
2247	independent medical evaluations. Such consultants, including
2248	peer review organizations, are immune from liability in the
2249	execution of their functions under this subsection to the extent
2250	provided in s. 766.101. If a carrier finds that overutilization
2251	of medical services or a billing error has occurred, or there is
2252	a violation of the practice parameters and protocols of
2253	treatment established in accordance with this chapter, it must
2254	disallow or adjust payment for such services or error without
2255	order of a judge of compensation claims or the agency, if the
2256	carrier, in making its determination, has complied with this
2257	section and rules adopted by the agency.
2258	(7) UTILIZATION AND REIMBURSEMENT DISPUTES.--
2259	(a) Any health care provider, carrier, or employer who
2260	elects to contest the disallowance or adjustment of payment by a
2261	carrier under subsection (6) must, within 30 days after receipt
2262	of notice of disallowance or adjustment of payment, petition the
2263	agency to resolve the dispute. The petitioner must serve a copy
2264	of the petition on the carrier and on all affected parties by
2265	certified mail. The petition must be accompanied by all
2266	documents and records that support the allegations contained in
2267	the petition. Failure of a petitioner to submit such
2268	documentation to the agency results in dismissal of the
2269	petition.
2270	(b) The carrier must submit to the agency within 10 days
2271	after receipt of the petition all documentation substantiating
2272	the carrier's disallowance or adjustment. Failure of the carrier
2273	to timelysubmit the requested documentation to the agency
2274	within 10 days constitutes a waiver of all objections to the
2275	petition.
2276	(c) Within 60 days after receipt of all documentation, the
2277	agency must provide to the petitioner, the carrier, and the
2278	affected parties a written determination of whether the carrier
2279	properly adjusted or disallowed payment. The agency must be
2280	guided by standards and policies set forth in this chapter,
2281	including all applicable reimbursement schedules, practice
2282	parameters, and protocols of treatment,in rendering its
2283	determination.
2284	(d) If the agency finds an improper disallowance or
2285	improper adjustment of payment by an insurer, the insurer shall
2286	reimburse the health care provider, facility, insurer, or
2287	employer within 30 days, subject to the penalties provided in
2288	this subsection.
2289	(e) The agency shall adopt rules to carry out this
2290	subsection. The rules may include provisions for consolidating
2291	petitions filed by a petitioner and expanding the timetable for
2292	rendering a determination upon a consolidated petition.
2293	(f) Any carrier that engages in a pattern or practice of
2294	arbitrarily or unreasonably disallowing or reducing payments to
2295	health care providers may be subject to one or more of the
2296	following penalties imposed by the agency:
2297	1. Repayment of the appropriate amount to the health care
2298	provider.
2299	2. An administrative fine assessed by the agency in an
2300	amount not to exceed $5,000 per instance of improperly
2301	disallowing or reducing payments.
2302	3. Award of the health care provider's costs, including a
2303	reasonable attorney's fee, for prosecuting the petition.
2304	(8) PATTERN OR PRACTICE OF OVERUTILIZATION.--
2305	(a) Carriers must report to the agency all instances of
2306	overutilization including, but not limited to, all instances in
2307	which the carrier disallows or adjusts payment or a
2308	determination has been made that the provided or recommended
2309	treatment is in excess of the practice parameters and protocols
2310	of treatment established in this chapter. The agency shall
2311	determine whether a pattern or practice of overutilization
2312	exists.
2313	(b) If the agency determines that a health care provider
2314	has engaged in a pattern or practice of overutilization or a
2315	violation of this chapter or rules adopted by the agency,
2316	including a pattern or practice of providing treatment in excess
2317	of the practice parameters or protocols of treatment, it may
2318	impose one or more of the following penalties:
2319	1. An order of the agency barring the provider from
2320	payment under this chapter;
2321	2. Deauthorization of care under review;
2322	3. Denial of payment for care rendered in the future;
2323	4. Decertification of a health care provider certified as
2324	an expert medical advisor under subsection (9) or of a
2325	rehabilitation provider certified under s. 440.49;
2326	5. An administrative fine assessed by the agency in an
2327	amount not to exceed $5,000 per instance of overutilization or
2328	violation; and
2329	6. Notification of and review by the appropriate licensing
2330	authority pursuant to s. 440.106(3).
2331	(9) EXPERT MEDICAL ADVISORS.--
2332	(a) The agency shall certify expert medical advisors in
2333	each specialty to assist the agency and the judges of
2334	compensation claims within the advisor's area of expertise as
2335	provided in this section. The agency shall, in a manner
2336	prescribed by rule, in certifying, recertifying, or decertifying
2337	an expert medical advisor, consider the qualifications,
2338	training, impartiality, and commitment of the health care
2339	provider to the provision of quality medical care at a
2340	reasonable cost. As a prerequisite for certification or
2341	recertification, the agency shall require, at a minimum, that
2342	an expert medical advisor have specialized workers' compensation
2343	training or experience under the workers' compensation system of
2344	this state and board certification or board eligibility.
2345	(b) The agency shall contract with one or more entities
2346	that employ, contract with, or otherwise secureor employexpert
2347	medical advisors to provide peer review or expertmedical
2348	consultation, opinions, and testimonyto the agency or to a
2349	judge of compensation claims in connection with resolving
2350	disputes relating to reimbursement, differing opinions of health
2351	care providers, and health care and physician services rendered
2352	under this chapter, including utilization issues. The agency
2353	shall by rule establish the qualifications of expert medical
2354	advisors, including training and experience in the workers’
2355	compensation system in the state and the expert medical
2356	advisor’s knowledge of and commitment to the standards of care,
2357	practice parameters, and protocols established pursuant to this
2358	chapter.Expert medical advisors contracting with the agency
2359	shall, as a term of such contract, agree to provide consultation
2360	or services in accordance with the timetables set forth in this
2361	chapter and to abide by rules adopted by the agency, including,
2362	but not limited to, rules pertaining to procedures for review of
2363	the services rendered by health care providers and preparation
2364	of reports and testimony orrecommendations for submission to
2365	the agency or the judge of compensation claims.
2366	(c) If there is disagreement in the opinions of the health
2367	care providers, if two health care providers disagree on medical
2368	evidence supporting the employee's complaints or the need for
2369	additional medical treatment, or if two health care providers
2370	disagree that the employee is able to return to work, the agency
2371	may, and the judge of compensation claims shall, upon his or her
2372	own motion or within 15 days after receipt of a written request
2373	by either the injured employee, the employer, or the carrier,
2374	order the injured employee to be evaluated by an expert medical
2375	advisor. The opinion of the expert medical advisor is presumed
2376	to be correct unless there is clear and convincing evidence to
2377	the contrary as determined by the judge of compensation claims.
2378	The expert medical advisor appointed to conduct the evaluation
2379	shall have free and complete access to the medical records of
2380	the employee. An employee who fails to report to and cooperate
2381	with such evaluation forfeits entitlement to compensation during
2382	the period of failure to report or cooperate.
2383	(d) The expert medical advisor must complete his or her
2384	evaluation and issue his or her report to the agency or to the
2385	judge of compensation claims within 1545days after receipt of
2386	all medical records. The expert medical advisor must furnish a
2387	copy of the report to the carrier and to the employee.
2388	(e) An expert medical advisor is not liable under any
2389	theory of recovery for evaluations performed under this section
2390	without a showing of fraud or malice. The protections of s.
2391	766.101 apply to any officer, employee, or agent of the agency
2392	and to any officer, employee, or agent of any entity with which
2393	the agency has contracted under this subsection.
2394	(f) If the agency or a judge of compensation claims orders
2395	determines thatthe services of a certified expert medical
2396	advisor are requiredto resolve a dispute under this section,
2397	the party requesting such examinationcarriermust compensate
2398	the advisor for his or her time in accordance with a schedule
2399	adopted by the agency. If the employee prevails in a dispute as
2400	determined in an order by a judge of compensation claims based
2401	upon the expert medical advisor’s findings, the employer or
2402	carrier shall pay for the costs of such expert medical advisor.
2403	If a judge of compensation claims, upon his or her motion, finds
2404	that an expert medical advisor is needed to resolve the dispute,
2405	the carrier must compensate the advisor for his or her time in
2406	accordance with a schedule adopted by the agency.The agency may
2407	assess a penalty not to exceed $500 against any carrier that
2408	fails to timely compensate an advisor in accordance with this
2409	section.
2410	(10) WITNESS FEES.-- Any health care provider who gives a
2411	deposition shall be allowed a witness fee. The amount charged by
2412	the witness may not exceed $200 per hour. An expert witness who
2413	has never provided direct professional services to a party but
2414	has merely reviewed medical records and provided an expert
2415	opinion or has provided only direct professional services that
2416	were unrelated to the workers' compensation case may not be
2417	allowed a witness fee in excess of $200 per day.
2418	(11) AUDITS BY AGENCY FOR HEALTH CARE ADMINISTRATION AND
2419	THE DEPARTMENT OF INSURANCE; JURISDICTION.--
2420	(a) The Agency for Health Care Administration may
2421	investigate health care providers to determine whether providers
2422	are complying with this chapter and with rules adopted by the
2423	agency, whether the providers are engaging in overutilization,
2424	andwhether providers are engaging in improper billing
2425	practices, and whether providers are adhering to practice
2426	parameters and protocols established in accordance with this
2427	chapter. If the agency finds that a health care provider has
2428	improperly billed, overutilized, or failed to comply with agency
2429	rules or the requirements of this chapter, including, but not
2430	limited to, practice parameters and protocols established in
2431	accordance with this chapter,it must notify the provider of its
2432	findings and may determine that the health care provider may not
2433	receive payment from the carrier or may impose penalties as set
2434	forth in subsection (8) or other sections of this chapter. If
2435	the health care provider has received payment from a carrier for
2436	services that were improperly billed, that constitute
2437	overutilization, or that were outside practice parameters or
2438	protocols established in accordance with this chapteror for
2439	overutilization, it must return those payments to the carrier.
2440	The agency may assess a penalty not to exceed $500 for each
2441	overpayment that is not refunded within 30 days after
2442	notification of overpayment by the agency or carrier.
2443	(b) The department shall fine or otherwise discipline an
2444	employer or carrier, pursuant to this chapter, the insurance
2445	code, or rules adopted by the department, for each late payment
2446	of compensation that is below the minimum 95-percent90-percent
2447	performance standard. Any carrier that is found to be not in
2448	compliance in subsequent consecutive quarters must implement a
2449	medical-bill review program approved by the division, and the
2450	carrier is subject to disciplinary action by the Department of
2451	Insurance.
2452	(c) The agency has exclusive jurisdiction to decide any
2453	matters concerning reimbursement, to resolve any overutilization
2454	dispute under subsection (7), and to decide any question
2455	concerning overutilization under subsection (8), which question
2456	or dispute arises after January 1, 1994.
2457	(d) The following agency actions do not constitute agency
2458	action subject to review under ss. 120.569 and 120.57 and do not
2459	constitute actions subject to s. 120.56: referral by the entity
2460	responsible for utilization review; a decision by the agency to
2461	refer a matter to a peer review committee; establishment by a
2462	health care provider or entity of procedures by which a peer
2463	review committee reviews the rendering of health care services;
2464	and the review proceedings, report, and recommendation of the
2465	peer review committee.
2466	(12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
2467	REIMBURSEMENT ALLOWANCES.--
2468	(a) A three-member panel is created, consisting of the
2469	Insurance Commissioner, or the Insurance Commissioner's
2470	designee, and two members to be appointed by the Governor,
2471	subject to confirmation by the Senate, one member who, on
2472	account of present or previous vocation, employment, or
2473	affiliation, shall be classified as a representative of
2474	employers, the other member who, on account of previous
2475	vocation, employment, or affiliation, shall be classified as a
2476	representative of employees. The panel shall determine statewide
2477	schedules of maximum reimbursement allowances for medically
2478	necessary treatment, care, and attendance provided by
2479	physicians, hospitals, ambulatory surgical centers, work-
2480	hardening programs, pain programs, and durable medical
2481	equipment. The maximum reimbursement allowances for inpatient
2482	hospital care shall be based on a schedule of per diem rates, to
2483	be approved by the three-member panel, to be used in conjunction
2484	with a precertification manual as determined by the agency. All
2485	compensable charges for hospital outpatient care shall be
2486	reimbursed at 75 percent of usual and customary charges, except
2487	as otherwise provided by this subsection. Until the three-member
2488	panel approves a schedule of per diem rates for inpatient
2489	hospital care and it becomes effective, all compensable charges
2490	for hospital inpatient care must be reimbursed at 75 percent of
2491	their usual and customary charges.Annually, the three-member
2492	panel shall adopt schedules of maximum reimbursement allowances
2493	for physicians, hospital inpatient care, hospital outpatient
2494	care, ambulatory surgical centers, work-hardening programs, and
2495	pain programs. However, the maximum percentage of increase in
2496	the individual reimbursement allowance may not exceed the
2497	percentage of increase in the Consumer Price Index for the
2498	previous year. An individual physician, hospital, ambulatory
2499	surgical center, pain program, or work-hardening program shall
2500	be reimbursed either the usual and customary charge for
2501	treatment, care, and attendance, the agreed-upon contract price,
2502	or the maximum reimbursement allowance in the appropriate
2503	schedule, whichever is less.
2504	(b) It is the intent of the Legislature to increase the
2505	schedule of maximum reimbursement allowances for selected
2506	physicians effective January 1, 2004, and to offset these
2507	increases through reductions in payments to hospitals. These
2508	payment revisions must not result in any increase in aggregate
2509	medical payments and must not cause an overall increase in costs
2510	to employers or insurers over the total cost of the fee-for-
2511	service schedule and the hospital per diem fee schedule in
2512	effect on January 1, 2003. Revisions developed pursuant to this
2513	subsection are limited to the following:
2514	1. Maximum reimbursement allowances for neurosurgeons,
2515	orthopedists, and primary care physicians treating injured
2516	workers shall be increased up to 125 percent of the Medicare
2517	allowable fee schedule or the current fee schedule, whichever is
2518	higher.
2519	2. Payments for outpatient physical, occupational, and
2520	speech therapy provided by hospitals shall be reduced to the
2521	schedule of maximum reimbursement allowances for these services
2522	which applies to nonhospital providers.
2523	3. Payments for scheduled outpatient nonemergency
2524	radiological and clinical laboratory services provided by
2525	hospitals, which are not provided in conjunction with a surgical
2526	procedure, shall be reduced to the schedule of maximum
2527	reimbursement allowances for these services which applies to
2528	nonhospital providers.
2529	(c)(b)As to reimbursement for a prescription medication,
2530	the reimbursement amount for a prescription shall be the average
2531	wholesale price plus $2times 1.2 plus $4.18for the dispensing
2532	fee, except where the carrier has contracted for a lower amount.
2533	Fees for pharmaceuticals and pharmaceutical services shall be
2534	reimbursable at the applicable fee schedule amount. Where the
2535	employer or carrier has contracted for such services and the
2536	employee elects to obtain them through a provider not a party to
2537	the contract, the carrier shall reimburse at the schedule,
2538	negotiated, or contract price, whichever is lower. No such
2539	contract shall rely on a provider that is not reasonably
2540	accessible to the employer.
2541	(d)(c)Reimbursement for all fees and other charges for
2542	such treatment, care, and attendance, including treatment, care,
2543	and attendance provided by any hospital or other health care
2544	provider, ambulatory surgical center, work-hardening program, or
2545	pain program, must not exceed the amounts provided by the
2546	uniform schedule of maximum reimbursement allowances as
2547	determined by the panel or as otherwise provided in this
2548	section. This subsection also applies to independent medical
2549	examinations performed by health care providers under this
2550	chapter. In determining the uniform schedule, the panel shall
2551	first approve the data which it finds representative of
2552	prevailing charges in the state for similar treatment, care, and
2553	attendance of injured persons. Each health care provider, health
2554	care facility, ambulatory surgical center, work-hardening
2555	program, or pain program receiving workers' compensation
2556	payments shall maintain records verifying their usual charges.
2557	In establishing the uniform schedule of maximum reimbursement
2558	allowances, the panel must consider:
2559	1. The levels of reimbursement for similar treatment,
2560	care, and attendance made by other health care programs or
2561	third-party providers;
2562	2. The impact upon cost to employers for providing a level
2563	of reimbursement for treatment, care, and attendance which will
2564	ensure the availability of treatment, care, and attendance
2565	required by injured workers;
2566	3. The financial impact of the reimbursement allowances
2567	upon health care providers and health care facilities, including
2568	trauma centers as defined in s. 395.4001, and its effect upon
2569	their ability to make available to injured workers such
2570	medically necessary remedial treatment, care, and attendance.
2571	The uniform schedule of maximum reimbursement allowances must be
2572	reasonable, must promote health care cost containment and
2573	efficiency with respect to the workers' compensation health care
2574	delivery system, and must be sufficient to ensure availability
2575	of such medically necessary remedial treatment, care, and
2576	attendance to injured workers; and
2577	4. The most recent average maximum allowable rate of
2578	increase for hospitals determined by the Health Care Board under
2579	chapter 408.
2580	(e)(d)In addition to establishing the uniform schedule of
2581	maximum reimbursement allowances, the panel shall:
2582	1. Take testimony, receive records, and collect data to
2583	evaluate the adequacy of the workers' compensation fee schedule,
2584	nationally recognized fee schedules and alternative methods of
2585	reimbursement to certified health care providers and health care
2586	facilities for inpatient and outpatient treatment and care.
2587	2. Survey certified health care providers and health care
2588	facilities to determine the availability and accessibility of
2589	workers' compensation health care delivery systems for injured
2590	workers.
2591	3. Survey carriers to determine the estimated impact on
2592	carrier costs and workers' compensation premium rates by
2593	implementing changes to the carrier reimbursement schedule or
2594	implementing alternative reimbursement methods.
2595	4. Submit recommendations on or before January 1, 2003,
2596	and biennially thereafter, to the President of the Senate and
2597	the Speaker of the House of Representatives on methods to
2598	improve the workers' compensation health care delivery system.
2599
2600	The division shall provide data to the panel, including but not
2601	limited to, utilization trends in the workers' compensation
2602	health care delivery system. The division shall provide the
2603	panel with an annual report regarding the resolution of medical
2604	reimbursement disputes and any actions pursuant to s. 440.13(8).
2605	The division shall provide administrative support and service to
2606	the panel to the extent requested by the panel.
2607	(13) REMOVAL OF PHYSICIANS FROM LISTS OF THOSE AUTHORIZED
2608	TO RENDER MEDICAL CARE.-- The agency shall remove from the list
2609	of physicians or facilities authorized to provide remedial
2610	treatment, care, and attendance under this chapter the name of
2611	any physician or facility found after reasonable investigation
2612	to have:
2613	(a) Engaged in professional or other misconduct or
2614	incompetency in connection with medical services rendered under
2615	this chapter;
2616	(b) Exceeded the limits of his or her or its professional
2617	competence in rendering medical care under this chapter, or to
2618	have made materially false statements regarding his or her or
2619	its qualifications in his or her application;
2620	(c) Failed to transmit copies of medical reports to the
2621	employer or carrier, or failed to submit full and truthful
2622	medical reports of all his or her or its findings to the
2623	employer or carrier as required under this chapter;
2624	(d) Solicited, or employed another to solicit for himself
2625	or herself or itself or for another, professional treatment,
2626	examination, or care of an injured employee in connection with
2627	any claim under this chapter;
2628	(e) Refused to appear before, or to answer upon request
2629	of, the agency or any duly authorized officer of the state, any
2630	legal question, or to produce any relevant book or paper
2631	concerning his or her conduct under any authorization granted to
2632	him or her under this chapter;
2633	(f) Self-referred in violation of this chapter or other
2634	laws of this state; or
2635	(g) Engaged in a pattern of practice of overutilization or
2636	a violation of this chapter or rules adopted by the agency,
2637	including failure to adhere to practice parameters and protocols
2638	established in accordance with this chapter.
2639	(14) PAYMENT OF MEDICAL FEES.--
2640	(a) Except for emergency care treatment, fees for medical
2641	services are payable only to a health care provider certified
2642	and authorized to render remedial treatment, care, or attendance
2643	under this chapter. Carriers shall pay, disallow, or deny
2644	payment to health care providers in the manner and at times set
2645	forth in this chapter.A health care provider may not collect or
2646	receive a fee from an injured employee within this state, except
2647	as otherwise provided by this chapter. Such providers have
2648	recourse against the employer or carrier for payment for
2649	services rendered in accordance with this chapter. Payment to
2650	health care providers or physicians shall be subject to the
2651	medical fee schedule and applicable practice parameters and
2652	protocols, regardless of whether the health care provider or
2653	claimant is asserting that the payment should be made.
2654	(b) Fees charged for remedial treatment, care, and
2655	attendance, except for independent medical examinations and
2656	consensus independent medical examinations, may not exceed the
2657	applicable fee schedules adopted under this chapter and
2658	department rule. Notwithstanding any other provision in this
2659	chapter, if a physician or health care provider specifically
2660	agrees in writing to follow identified procedures aimed at
2661	providing quality medical care to injured workers at reasonable
2662	costs, deviations from established fee schedules shall be
2663	permitted. Written agreements warranting deviations may include,
2664	but are not limited to, the timely scheduling of appointments
2665	for injured workers, participating in return-to-work programs
2666	with injured workers’ employers, expediting the reporting of
2667	treatments provided to injured workers, and agreeing to
2668	continuing education, utilization review, quality assurance,
2669	precertification, and case management systems that are designed
2670	to provide needed treatment for injured workers.
2671	(c) Notwithstanding any other provision of this chapter,
2672	following overall maximum medical improvement from an injury
2673	compensable under this chapter, the employee is obligated to pay
2674	a copayment of $10 per visit for medical services. The copayment
2675	shall not apply to emergency care provided to the employee.
2676	(15) PRACTICE PARAMETERS.—The practice parameters and
2677	protocols mandated under this chapter shall be the Workers’
2678	Compensation Utilization Management Standards adopted by the
2679	American Accreditation Health Care Commission in effect on
2680	January 1, 2003.
2681	(a) The Agency for Health Care Administration, in
2682	conjunction with the department and appropriate health
2683	professional associations and health-related organizations shall
2684	develop and may adopt by rule scientifically sound practice
2685	parameters for medical procedures relevant to workers'
2686	compensation claimants. Practice parameters developed under this
2687	section must focus on identifying effective remedial treatments
2688	and promoting the appropriate utilization of health care
2689	resources. Priority must be given to those procedures that
2690	involve the greatest utilization of resources either because
2691	they are the most costly or because they are the most frequently
2692	performed. Practice parameters for treatment of the 10 top
2693	procedures associated with workers' compensation injuries
2694	including the remedial treatment of lower-back injuries must be
2695	developed by December 31, 1994.
2696	(b) The guidelines may be initially based on guidelines
2697	prepared by nationally recognized health care institutions and
2698	professional organizations but should be tailored to meet the
2699	workers' compensation goal of returning employees to full
2700	employment as quickly as medically possible, taking into
2701	consideration outcomes data collected from managed care
2702	providers and any other inpatient and outpatient facilities
2703	serving workers' compensation claimants.
2704	(c) Procedures must be instituted which provide for the
2705	periodic review and revision of practice parameters based on the
2706	latest outcomes data, research findings, technological
2707	advancements, and clinical experiences, at least once every 3
2708	years.
2709	(d) Practice parameters developed under this section must
2710	be used by carriers and the agency in evaluating the
2711	appropriateness and overutilization of medical services provided
2712	to injured employees.
2713	(16) STANDARDS OF CARE.--The following standards of care
2714	shall be followed in providing medical care under this chapter:
2715	(a) Abnormal anatomical findings alone, in the absence of
2716	objective relevant medical findings, shall not be an indicator
2717	of injury or illness, a justification for the provision of
2718	remedial medical care or the assignment of restrictions, or a
2719	foundation for limitations.
2720	(b) At all times during evaluation and treatment, the
2721	provider shall act on the premise that returning to work is an
2722	integral part of the treatment plan. The goal of removing all
2723	restrictions and limitations as early as appropriate shall be
2724	part of the treatment plan on a continuous basis. The assignment
2725	of restrictions and limitations shall be reviewed with each
2726	patient exam and upon receipt of new information, such as
2727	progress reports from physical therapists and other providers.
2728	Consideration shall be given to upgrading or removing the
2729	restrictions and limitations with each patient exam, based upon
2730	the presence or absence of objective relevant medical findings.
2731	(c) Reasonable necessary medical care of injured employees
2732	shall in all situations:
2733	1. Utilize a high intensity, short duration treatment
2734	approach that focuses on early activation and restoration of
2735	function whenever possible.
2736	2. Include reassessment of the treatment plans, regimes,
2737	therapies, prescriptions, and functional limitations or
2738	restrictions prescribed by the provider every 30 days.
2739	3. Be focused on treatment of the individual employee's
2740	specific clinical dysfunction or status and shall not be based
2741	upon nondescript diagnostic labels.
2742
2743	All treatment shall be inherently scientifically logical and the
2744	evaluation or treatment procedure must match the documented
2745	physiologic and clinical problem. Treatment shall match the
2746	type, intensity, and duration of service required by the problem
2747	identified.
2748	(17) Failure to comply with this section shall be
2749	considered a violation of this chapter and is subject to
2750	penalties as provided for in s. 440.525.
2751	Section 16. Paragraphs (d) and (i) of subsection (1) and
2752	subsections (2), (6), (7), (8), (9), (10), (11), (17), and (25)
2753	of section 440.134, Florida Statutes, are amended to read:
2754	440.134 Workers' compensation managed care arrangement.--
2755	(1) As used in this section, the term:
2756	(d) “Grievance" means a written complaint, other than a
2757	petition for benefits, filed by the injured worker pursuant to
2758	the requirements of the managed care arrangement, expressing
2759	dissatisfaction with the medical care provided by aninsurer's
2760	workers' compensation managed care arrangement’s refusal to
2761	provide medical care or the medical care providedarrangement
2762	health care providers, expressed in writing by an injured
2763	worker.
2764	(i) "Medical care coordinator" means a primary care
2765	provider within a provider network who is responsible for
2766	managing the medical care of an injured worker including
2767	determining other health care providers and health care
2768	facilities to which the injured employee will be referred for
2769	evaluation or treatment. A medical care coordinator shall be a
2770	physician licensed under chapter 458,oran osteopathic
2771	physician licensed under chapter 459, a chiropractic physician
2772	licensed under chapter 460, or a podiatric physician licensed
2773	under chapter 461.
2774	(2)(a) The self-insured employer or carrier may, subject
2775	to the terms and limitations specified elsewhere in this section
2776	and chapter, furnish to the employee solely through managed care
2777	arrangements such medically necessary remedial treatment, care,
2778	and attendance for such period as the nature of the injury or
2779	the process of recovery requires and which shall be in
2780	accordance with practice parameters and protocols established
2781	pursuant to this chapter. For any self-insured employer or
2782	carrier who elects to deliver the medical benefits required by
2783	this chapter through a method other than a workers' compensation
2784	managed care arrangement, the discontinuance of the use of the
2785	workers' compensation managed care arrangement shall be without
2786	regard to the date of the accident, notwithstanding any other
2787	provision of law or rule.
2788	(b) The agency shall authorize an insurer to offer or
2789	utilize a workers' compensation managed care arrangement after
2790	the insurer files a completed application along with the payment
2791	of a $1,000 application fee, and upon the agency's being
2792	satisfied that the applicant has the ability to provide quality
2793	of care consistent with the prevailing professional standards of
2794	care and the insurer and its workers' compensation managed care
2795	arrangement otherwise meets the requirements of this section. No
2796	insurer may offer or utilize a managed care arrangement without
2797	such authorization. The authorization, unless sooner suspended
2798	or revoked, shall automatically expire 2 years after the date of
2799	issuance unless renewed by the insurer. The authorization shall
2800	be renewed upon application for renewal and payment of a renewal
2801	fee of $1,000, provided that the insurer is in compliance with
2802	the requirements of this section and any rules adopted
2803	hereunder. An application for renewal of the authorization shall
2804	be made 90 days prior to expiration of the authorization, on
2805	forms provided by the agency. Renewal application shall not
2806	require the resubmission of any documents previously filed with
2807	the agency if such documents have remained valid and unchanged
2808	since their original filing.
2809	(6) The proposed managed care plan of operation must
2810	include:
2811	(a) A statement or map providing a clear description of
2812	the service area.
2813	(b) A description of the grievance procedure to be used.
2814	(c) A description of the quality assurance program which
2815	assures that the health care services provided to workers shall
2816	be rendered under reasonable standards of quality of care
2817	consistent with the prevailing standards of medical practice in
2818	the medical community. The program shall include, but not be
2819	limited to:
2820	1. A written statement of goals and objectives that
2821	stresses health and return-to-work outcomes as the principal
2822	criteria for the evaluation of the quality of care rendered to
2823	injured workers.
2824	2. A written statement describing how methodology has been
2825	incorporated into an ongoing system for monitoring of care that
2826	is individual case oriented and, when implemented, can provide
2827	interpretation and analysis of patterns of care rendered to
2828	individual patients by individual providers.
2829	3. Written procedures for taking appropriate remedial
2830	action whenever, as determined under the quality assurance
2831	program, inappropriate or substandard services have been
2832	provided or services that should have been furnished have not
2833	been provided.
2834	4. A written plan, which includes ongoing review, for
2835	providing review of physicians and other licensed medical
2836	providers.
2837	5. Appropriate financial incentives to reduce service
2838	costs and utilization without sacrificing the quality of
2839	service.
2840	6. Adequate methods of peer review and utilization review.
2841	The utilization review process shall include a health care
2842	facility'sfacilitiesprecertification mechanism, including, but
2843	not limited to, all elective admissions and nonemergency
2844	surgeries and adherence to practice parameters and protocols
2845	established in accordance with this chapter.
2846	7. Provisions for resolution of disputes arising between a
2847	health care provider and an insurer regarding reimbursements and
2848	utilization review.
2849	8. Availability of a process for aggressive medical care
2850	coordination, as well as a program involving cooperative efforts
2851	by the workers, the employer, and the workers' compensation
2852	managed care arrangement to promote early return to work for
2853	injured workers.
2854	9. A written plan allowing for the independent medical
2855	examination provided for in s. 440.13(5). Notwithstanding any
2856	provision to the contrary, the costs for the independent medical
2857	examination shall be paid by the carrier if such examination is
2858	performed by a physician in the provider network. Otherwise,
2859	such costs shall be paid in accordance with s. 440.13(5). An
2860	independent medical examination requested by a claimant and paid
2861	for by the carrier shall constitute the claimant’s one
2862	independent medical examination per accident under s. 440.13(5).
2863	A process allowing employees to obtain one second medical
2864	opinion in the same specialty and within the provider network
2865	during the course of treatment for a work-related injury.
2866	10. A provision for the selection of a primary care
2867	provider by the employee from among primary providers in the
2868	provider network.
2869	11. The written information proposed to be used by the
2870	insurer to comply with subparagraph 8.
2871	(7) Written procedures to provide the insurer with timely
2872	medical records and information including, but not limited to,
2873	work status, work restrictions, date of maximum medical
2874	improvement, permanent impairment ratings, and other information
2875	as required, including information demonstrating compliance with
2876	the practice parameters and protocols of treatment established
2877	pursuant to this chapter.
2878	(8) Evidence that appropriate health care providers and
2879	administrative staff of the insurer's workers' compensation
2880	managed care arrangement have received training and education on
2881	the provisions of this chapter;andthe administrative rules
2882	that govern the provision of remedial treatment, care, and
2883	attendance of injured workers; and the practice parameters and
2884	protocols of treatment established pursuant to this chapter.
2885	(9) Written procedures and methods to prevent
2886	inappropriate or excessive treatment that are in accordance with
2887	the practice parameters and protocols of treatment established
2888	pursuant to this chapter.
2889	(10) Written procedures and methods for the management of
2890	an injured worker's medical care by a medical care coordinator
2891	including:
2892	(a) The mechanism for assuring that covered employees
2893	receive all initial covered services from a primary care
2894	provider participating in the provider network, except for
2895	emergency care.
2896	(b) The mechanism for assuring that all continuing covered
2897	services be received from the same primary care provider
2898	participating in the provider network that provided the initial
2899	covered services, except when services from another provider are
2900	authorized by the medical care coordinator pursuant to paragraph
2901	(d).
2902	(c) The policies and procedures for allowing an employee
2903	one change to another provider within the same specialty and
2904	provider network as the authorized treating physician during the
2905	course of treatment for a work-related injury, in accordance
2906	with the procedures provided in s. 440.13(2)(f), if a request is
2907	made to the medical care coordinator by the employee; and
2908	requiring that special provision be made for more than one such
2909	referral through the arrangement's grievance procedures.
2910	(d) The process for assuring that all referrals authorized
2911	by a medical care coordinator, in accordance with the practice
2912	parameters and protocols of treatment established pursuant to
2913	this chapter,are made to the participating network providers,
2914	unless medically necessary treatment, care, and attendance are
2915	not available and accessible to the injured worker in the
2916	provider network.
2917	(e) Assignment of a medical care coordinator licensed
2918	under chapter 458 or chapter 459 to manage care by physicians
2919	licensed under chapter 458 or chapter 459, a medical care
2920	coordinator licensed under chapter 460 to manage care by
2921	physicians licensed under chapter 460, and a medical care
2922	coordinator licensed under chapter 461 to manage care by
2923	physicians licensed under chapter 461 upon request by an injured
2924	employee for care by a physician licensed under chapter 458,
2925	chapter 459, chapter 460, or chapter 461.
2926	(11) A description of the use of workers' compensation
2927	practice parameters and protocols of treatmentfor health care
2928	services when adopted by the agency.
2929	(17) Notwithstanding any other provisions of this chapter,
2930	when a carrier provides medical care through a workers'
2931	compensation managed care arrangement, pursuant to this section,
2932	those workers who are subject to the arrangement must receive
2933	medical services for work-related injuries and diseases as
2934	prescribed in the contract, provided the employer and carrier
2935	have provided notice to the employees of the arrangement in a
2936	manner approved by the agency and the medical services are in
2937	accordance with the practice parameters and protocols
2938	established pursuant to this chapter. Treatment received outside
2939	the workers' compensation managed care arrangement is not
2940	compensable, regardless of the purpose of the treatment,
2941	including, but not limited to, evaluations, examinations, or
2942	diagnostic studies to determine causation between medical
2943	findings and a compensable accident, the existence or extent of
2944	impairments or disabilities, and whether the injured employee
2945	has reached maximum medical improvement,unless authorized by
2946	the carrier prior to the treatment date.
2947	(25) The agency shall adopt rules that specify:
2948	(a) Procedures for authorization and examination of
2949	workers' compensation managed care arrangements by the agency.
2950	(b) Requirements and procedures for authorization of
2951	workers' compensation arrangement provider networks and
2952	procedures for the agency to grant exceptions from accessibility
2953	of services.
2954	(c) Requirements and procedures for case management,
2955	utilization management, and peer review.
2956	(d) Requirements and procedures for quality assurance and
2957	medical records.
2958	(e) Requirements and procedures for dispute resolution in
2959	conformance with this chapter.
2960	(f) Requirements and procedures for employee and provider
2961	education.
2962	(g) Requirements and procedures for reporting data
2963	regarding grievances, return-to-work outcomes, and provider
2964	networks.
2965	Section 17. Subsections (1) and (4)and paragraph (b) of
2966	subsection (5) of section 440.14, Florida Statutes, are amended
2967	to read:
2968	440.14 Determination of pay.--
2969	(1) Except as otherwise provided in this chapter, the
2970	average weekly wages of the injured employee on the date of the
2971	accidentat the time of the injuryshall be taken as the basis
2972	upon which to compute compensation and shall be determined,
2973	subject to the limitations of s. 440.12(2), as follows:
2974	(a) If the injured employee has worked in the employment
2975	in which she or he was working on the date of the accidentat
2976	the time of the injury, whether for the same or another
2977	employer, during substantially the whole of 13 weeks immediately
2978	preceding the accidentinjury, her or his average weekly wage
2979	shall be one-thirteenth of the total amount of wages earned in
2980	such employment during the 13 weeks. As used in this paragraph,
2981	the term "substantially the whole of 13 weeks" means the
2982	calendarshall be deemed to mean and refer to a constructive
2983	period of 13 weeks as a whole, which shall be defined as the 13
2984	calendar weeks before the date of the accident, excluding the
2985	week during which the accident occurred.a consecutive period of
2986	91 days, andThe term "during substantially the whole of 13
2987	weeks" shall be deemed to mean during not less than 7590
2988	percent of the total customary full-timehours of employment
2989	within such period considered as a whole.
2990	(b) If the injured employee has not worked in such
2991	employment during substantially the whole of 13 weeks
2992	immediately preceding the accidentinjury, the wages of a
2993	similar employee in the same employment who has worked
2994	substantially the whole of such 13 weeks shall be used in making
2995	the determination under the preceding paragraph.
2996	(c) If an employee is a seasonal worker and the foregoing
2997	method cannot be fairly applied in determining the average
2998	weekly wage, then the employee may use, instead of the 13 weeks
2999	immediately preceding the accidentinjury, the calendar year or
3000	the 52 weeks immediately preceding the accidentinjury. The
3001	employee will have the burden of proving that this method will
3002	be more reasonable and fairer than the method set forth in
3003	paragraphs (a) and (b) and, further, must document prior
3004	earnings with W-2 forms, written wage statements, or income tax
3005	returns. The employer shall have 30 days following the receipt
3006	of this written proof to adjust the compensation rate, including
3007	the making of any additional payment due for prior weekly
3008	payments, based on the lower rate compensation.
3009	(d) If any of the foregoing methods cannot reasonably and
3010	fairly be applied, the full-time weekly wages of the injured
3011	employee shall be used, except as otherwise provided in
3012	paragraph (e) or paragraph (f).
3013	(e) If it is established that the injured employee was
3014	under 22 years of age when the accident occurredinjuredand
3015	that under normal conditions her or his wages should be expected
3016	to increase during the period of disability, the fact may be
3017	considered in arriving at her or his average weekly wages.
3018	(f) If it is established that the injured employee was a
3019	part-time worker on the date of the accidentat the time of the
3020	injury, that she or he had adopted part-time employment as a
3021	customary practice, and that under normal working conditions she
3022	or he probably would have remained a part-time worker during the
3023	period of disability, these factors shall be considered in
3024	arriving at her or his average weekly wages. For the purpose of
3025	this paragraph, the term "part-time worker" means an individual
3026	who customarily works less than the full-time hours or full-time
3027	workweek of a similar employee in the same employment.
3028	(g) If compensation is due for a fractional part of the
3029	week, the compensation for such fractional part shall be
3030	determined by dividing the weekly compensation rate by the
3031	number of days employed per week to compute the amount due for
3032	each day.
3033	(4) Upon termination of the employee or upon termination
3034	of the payment of fringe benefits of any employee who is
3035	collecting indemnity benefits pursuant to s. 440.15(2) or
3036	(3)(b), the employer shall within 7 days of such termination
3037	file a corrected 13-week wage statement reflecting the wages
3038	paid and the fringe benefits that had been paid to the injured
3039	employee, as provided in s. 440.02(27).
3040	(5)
3041	(b) The employee waives any entitlement to interest,
3042	penalties, and attorney's fees during the period in which the
3043	employee has not provided information concerning the loss of
3044	earnings from concurrent employment. Carriers are not subject to
3045	penalties by the division under s. 440.20(8)(b) and (c)for
3046	unpaid compensation related to concurrent employment during the
3047	period in which the employee has not provided information
3048	concerning the loss of earnings from concurrent employment.
3049	Section 18. Section 440.15, Florida Statutes, is amended
3050	to read:
3051	440.15 Compensation for disability.-- Compensation for
3052	disability shall be paid to the employee, subject to the limits
3053	provided in s. 440.12(2), as follows:
3054	(1) PERMANENT TOTAL DISABILITY.--
3055	(a) In case of total disability adjudged to be permanent,
3056	662/3 percent of the average weekly wages shall be paid to the
3057	employee during the continuance of such total disability.
3058	(b) Only A catastrophic injury as defined in s. 440.02(38)
3059	shall, in the absence of conclusive proof of a substantial
3060	earning capacity, constitute permanent total disability. In all
3061	other cases, no compensation shall be payable under paragraph
3062	(a) if the employee is engaged in, or is physically capable of
3063	engaging in, employment, including sheltered employment. In
3064	order to obtain permanent total disability benefits, the
3065	employee must establish that he or she is not able
3066	uninterruptedly to engage in any employment, including part-time
3067	sedentary employment or available sheltered employment within a
3068	50-mile radius of the employee’s residence, due to his or her
3069	physical limitation. “Sheltered employment” means work
3070	unavailable in the open labor market that is offered to the
3071	employee or that is actually performed by the employee as
3072	offered by the employer in whose employment the injured worker
3073	was engaged at the time of the accident. Such benefits shall be
3074	payable until the employee reaches age 70, notwithstanding any
3075	age limits. If the accident occurred on or after the employee
3076	reaches age 65, benefits shall be payable during the continuance
3077	of permanent total disability, not to exceed 5 years following
3078	the determination of permanent total disability.Only claimants
3079	with catastrophic injuries or claimants who are incapable of
3080	engaging in employment, including sheltered employment as
3081	described in this paragraph,are eligible for permanent total
3082	benefits. In no other case may permanent total disability be
3083	awarded.
3084	(c) In cases of permanent total disability resulting from
3085	injuries that occurred prior to July 1, 1955, such payments
3086	shall not be made in excess of 700 weeks.
3087	(d) If an employee who is being paid compensation for
3088	permanent total disability becomes rehabilitated to the extent
3089	that she or he establishes an earning capacity, the employee
3090	shall be paid, instead of the compensation provided in paragraph
3091	(a), benefits pursuant to subsection (3). The department shall
3092	adopt rules to enable a permanently and totally disabled
3093	employee who may have reestablished an earning capacity to
3094	undertake a trial period of reemployment without prejudicing her
3095	or his return to permanent total status in the case that such
3096	employee is unable to sustain an earning capacity.
3097	(e)1. The employer's or carrier's right to conduct
3098	vocational evaluations or testing by the employer's or carrier's
3099	chosen rehabilitation advisor or providerpursuant to s. 440.491
3100	continues even after the employee has been accepted or
3101	adjudicated as entitled to compensation under this chapter and
3102	costs for such evaluations and testing shall be borne by the
3103	employer or carrier, respectively. This right includes, but is
3104	not limited to, instances in which such evaluations or tests are
3105	recommended by a treating physician or independent medical-
3106	examination physician, instances warranted by a change in the
3107	employee's medical condition, or instances in which the employee
3108	appears to be making appropriate progress in recuperation. This
3109	right may not be exercised more than once every calendar year.
3110	2. The carrier must confirm the scheduling of the
3111	vocational evaluation or testing in writing, and must notify the
3112	employee and theemployee's counsel, if any, at least 7 days
3113	before the date on which vocational evaluation or testing is
3114	scheduled to occur.
3115	3. Pursuant to an order of the judge of compensation
3116	claims,The employer or carrier may withhold payment of benefits
3117	for permanent total disability or supplements for any period
3118	during which the employee willfully fails or refuses to appear
3119	without good cause for the scheduled vocational evaluation or
3120	testing.
3121	(f)1. If permanent total disability results from injuries
3122	that occurred subsequent to June 30, 1955, and for which the
3123	liability of the employer for compensation has not been
3124	discharged under s. 440.20(11), the injured employee shall
3125	receive additional weekly compensation benefits equal to 5
3126	percent of her or his weekly compensation rate, as established
3127	pursuant to the law in effect on the date of her or his injury,
3128	multiplied by the number of calendar years since the date of
3129	injury. The weekly compensation payable and the additional
3130	benefits payable under this paragraph, when combined, may not
3131	exceed the maximum weekly compensation rate in effect at the
3132	time of payment as determined pursuant to s. 440.12(2).
3133	Entitlement to These supplemental payments shall not be paid or
3134	payable after the employee attainscease at age 62, regardless
3135	of whetherif the employee has applied for or is eligible to
3136	applyis eligiblefor social security benefits under 42 U.S.C.
3137	ss. 402 and 423, whether or not the employee has applied for
3138	such benefits. These supplemental benefits shall be paid by the
3139	department out of the Workers' Compensation Administration Trust
3140	Fund when the injury occurred subsequent to June 30, 1955, and
3141	before July 1, 1984. These supplemental benefits shall be paid
3142	by the employer when the injury occurred on or after July 1,
3143	1984. Supplemental benefits are not payable for any period prior
3144	to October 1, 1974.
3145	2.a. The department shall provide by rule for the periodic
3146	reporting to the department of all earnings of any nature and
3147	social security income by the injured employee entitled to or
3148	claiming additional compensation under subparagraph 1. Neither
3149	the department nor the employer or carrier shall make any
3150	payment of those additional benefits provided by subparagraph 1.
3151	for any period during which the employee willfully fails or
3152	refuses to report upon request by the department in the manner
3153	prescribed by such rules.
3154	b. The department shall provide by rule for the periodic
3155	reporting to the employer or carrier of all earnings of any
3156	nature and social security income by the injured employee
3157	entitled to or claiming benefits for permanent total disability.
3158	The employer or carrier is not required to make any payment of
3159	benefits for permanent total disability for any period during
3160	which the employee willfully fails or refuses to report upon
3161	request by the employer or carrier in the manner prescribed by
3162	such rules or if any employee who is receiving permanent total
3163	disability benefits refuses to apply for or cooperate with the
3164	employer or carrier in applying for social security benefits.
3165	3. When an injured employee receives a full or partial
3166	lump-sum advance of the employee's permanent total disability
3167	compensation benefits, the employee's benefits under this
3168	paragraph shall be computed on the employee's weekly
3169	compensation rate as reduced by the lump-sum advance.
3170	(2) TEMPORARY TOTAL DISABILITY.--
3171	(a) Subject to subsection (7),in case of disability total
3172	in character but temporary in quality, 662/3 percent of the
3173	average weekly wages shall be paid to the employee during the
3174	continuance thereof, not to exceed 104 weeks except as provided
3175	in this subsection, s. 440.12(1), and s. 440.14(3). Once the
3176	employee reaches the maximum number of weeks allowed, or the
3177	employee reaches the date of maximum medical improvement,
3178	whichever occurs earlier, temporary disability benefits shall
3179	cease and the injured worker's permanent impairment shall be
3180	determined.
3181	(b) Notwithstanding the provisions of paragraph (a), an
3182	employee who has sustained the loss of an arm, leg, hand, or
3183	foot, has been rendered a paraplegic, paraparetic, quadriplegic,
3184	or quadriparetic, or has lost the sight of both eyes shall be
3185	paid temporary total disability of 80 percent of her or his
3186	average weekly wage. The increased temporary total disability
3187	compensation provided for in this paragraph must not extend
3188	beyond 6 months from the date of the accident; however, such
3189	benefits shall not be due or payable if the employee is eligible
3190	for, entitled to, or collecting permanent total disability
3191	benefits. The compensation provided by this paragraph is not
3192	subject to the limits provided in s. 440.12(2), but instead is
3193	subject to a maximum weekly compensation rate of $700. If, at
3194	the conclusion of this period of increased temporary total
3195	disability compensation, the employee is still temporarily
3196	totally disabled, the employee shall continue to receive
3197	temporary total disability compensation as set forth in
3198	paragraphs (a) and (c). The period of time the employee has
3199	received this increased compensation will be counted as part of,
3200	and not in addition to, the maximum periods of time for which
3201	the employee is entitled to compensation under paragraph (a) but
3202	not paragraph (c).
3203	(c) Temporary total disability benefits paid pursuant to
3204	this subsection shall include such period as may be reasonably
3205	necessary for training in the use of artificial members and
3206	appliances, and shall include such period as the employee may be
3207	receiving training and education under a program pursuant to s.
3208	440.491. Notwithstanding s. 440.02, the date of maximum medical
3209	improvement for purposes of paragraph (3)(b) shall be no earlier
3210	than the last day for which such temporary disability benefits
3211	are paid.
3212	(d) The department shall, by rule, provide for the
3213	periodic reporting to the department, employer, or carrier of
3214	all earned income, including income from social security, by the
3215	injured employee who is entitled to or claiming benefits for
3216	temporary total disability. The employer or carrier is not
3217	required to make any payment of benefits for temporary total
3218	disability for any period during which the employee willfully
3219	fails or refuses to report upon request by the employer or
3220	carrier in the manner prescribed by the rules. The rule must
3221	require the claimant to personally sign the claim form and
3222	attest that she or he has reviewed, understands, and
3223	acknowledges the foregoing.
3224	(3) PERMANENT IMPAIRMENT AND WAGE-LOSSBENEFITS.--
3225	(a) Impairment benefits.--
3226	1.Once the employee has reached the date of maximum
3227	medical improvement, impairment benefits are due and payable
3228	within 1420days after the carrier has knowledge of the
3229	impairment.
3230	(b)2.The three-member panel, in cooperation with the
3231	department, shall establish and use a uniform permanent
3232	impairment rating schedule. This schedule must be based on
3233	medically or scientifically demonstrable findings as well as the
3234	systems and criteria set forth in the American Medical
3235	Association's Guides to the Evaluation of Permanent Impairment;
3236	the Snellen Charts, published by American Medical Association
3237	Committee for Eye Injuries; and the Minnesota Department of
3238	Labor and Industry Disability Schedules. The schedule must
3239	shouldbe based upon objective findings. The schedule shall be
3240	more comprehensive than the AMA Guides to the Evaluation of
3241	Permanent Impairment and shall expand the areas already
3242	addressed and address additional areas not currently contained
3243	in the guides. On August 1, 1979, and pending the adoption, by
3244	rule, of a permanent schedule, Guides to the Evaluation of
3245	Permanent Impairment, copyright 1977, 1971, 1988, by the
3246	American Medical Association, shall be the temporary schedule
3247	and shall be used for the purposes hereof. For injuries after
3248	July 1, 1990, pending the adoption by rule of a uniform
3249	disability rating agency schedule, the Minnesota Department of
3250	Labor and Industry Disability Schedule shall be used unless that
3251	schedule does not address an injury. In such case, the Guides to
3252	the Evaluation of Permanent Impairment by the American Medical
3253	Association shall be used. Determination of permanent impairment
3254	under this schedule must be made by a physician licensed under
3255	chapter 458, a doctor of osteopathic medicine licensed under
3256	chapters 458 and 459, a chiropractic physician licensed under
3257	chapter 460, a podiatric physician licensed under chapter 461,
3258	an optometrist licensed under chapter 463, or a dentist licensed
3259	under chapter 466, as appropriate considering the nature of the
3260	injury. No other persons are authorized to render opinions
3261	regarding the existence of or the extent of permanent
3262	impairment.
3263	(c)3.All impairment income benefits shall be based on an
3264	impairment rating using the impairment schedule referred to in
3265	paragraph (b)subparagraph 2. Impairment income benefits are
3266	paid biweeklyweekly at the rate of 7550percent of the
3267	employee's average weekly temporary total disability benefit not
3268	to exceed the maximum weekly benefit under s. 440.12; provided,
3269	however, that such benefits shall be reduced by 50 percent for
3270	each week in which the employee has earned income equal to or in
3271	excess of the employee’s average weekly wage. An employee's
3272	entitlement to impairment income benefits begins the day after
3273	the employee reaches maximum medical improvement or the
3274	expiration of temporary benefits, whichever occurs earlier, and
3275	continues until the earlier of:
3276	1.a.The expiration of a period computed at the rate of 3
3277	weeks for each percentage point of impairment; or
3278	2.b.The death of the employee.
3279
3280	Impairment income benefits as defined by this subsection are
3281	payable only for impairment ratings for physical impairments. If
3282	objective medical findings can substantiate a permanent
3283	psychiatric impairment resulting from the accident, permanent
3284	impairment benefits are limited for the permanent psychiatric
3285	impairment to 1-percent permanent impairment.
3286	(d)4.After the employee has been certified by a doctor as
3287	having reached maximum medical improvement or 6 weeks before the
3288	expiration of temporary benefits, whichever occurs earlier, the
3289	certifying doctor shall evaluate the condition of the employee
3290	and assign an impairment rating, using the impairment schedule
3291	referred to in paragraph (b)subparagraph 2. Compensation is not
3292	payable for the mental, psychological, or emotional injury
3293	arising out of depression from being out of work.If the
3294	certification and evaluation are performed by a doctor other
3295	than the employee's treating doctor, the certification and
3296	evaluation must be submitted to the treating doctor, the
3297	employee, and the carrier within 10 days after the evaluation.
3298	and The treating doctor must indicate to the carrieragreement
3299	or disagreement with the other doctor’scertification and
3300	evaluation.
3301	1.The certifying doctor shall issue a written report to
3302	the department, the employee,and the carrier certifying that
3303	maximum medical improvement has been reached, stating the
3304	impairment rating to the body as a whole, and providing any
3305	other information required by the department by rule. The
3306	carrier shall establish an overall maximum medical improvement
3307	date and permanent impairment rating, based upon all such
3308	reports.
3309	2. Within 14 days after the carrier’s knowledge of each
3310	maximum medical improvement date and impairment rating to the
3311	body as a whole upon which the carrier is paying benefits, the
3312	carrier shall report such maximum medical improvement date and,
3313	when determined, the overall maximum medical improvement date
3314	and associated impairment rating to the department in a format
3315	as set forth in department rule.If the employee has not been
3316	certified as having reached maximum medical improvement before
3317	the expiration of 98102 weeks after the date temporary total
3318	disability benefits begin to accrue, the carrier shall notify
3319	the treating doctor of the requirements of this section.
3320	(e)5. The carrier shall pay the employee impairment income
3321	benefits for a period based on the impairment rating.
3322	(f)6. The department may by rule specify forms and
3323	procedures governing the method of payment of wage loss and
3324	impairment benefits under this sectionfor dates of accidents
3325	before January 1, 1994, and for dates of accidents on or after
3326	January 1, 1994.
3327	(b) Supplemental benefits.--
3328	1. All supplemental benefits must be paid in accordance
3329	with this subsection. An employee is entitled to supplemental
3330	benefits as provided in this paragraph as of the expiration of
3331	the impairment period, if:
3332	a. The employee has an impairment rating from the
3333	compensable injury of 20 percent or more as determined pursuant
3334	to this chapter;
3335	b. The employee has not returned to work or has returned
3336	to work earning less than 80 percent of the employee's average
3337	weekly wage as a direct result of the employee's impairment; and
3338	c. The employee has in good faith attempted to obtain
3339	employment commensurate with the employee's ability to work.
3340	2. If an employee is not entitled to supplemental benefits
3341	at the time of payment of the final weekly impairment income
3342	benefit because the employee is earning at least 80 percent of
3343	the employee's average weekly wage, the employee may become
3344	entitled to supplemental benefits at any time within 1 year
3345	after the impairment income benefit period ends if:
3346	a. The employee earns wages that are less than 80 percent
3347	of the employee's average weekly wage for a period of at least
3348	90 days;
3349	b. The employee meets the other requirements of
3350	subparagraph 1.; and
3351	c. The employee's decrease in earnings is a direct result
3352	of the employee's impairment from the compensable injury.
3353	3. If an employee earns wages that are at least 80 percent
3354	of the employee's average weekly wage for a period of at least
3355	90 days during which the employee is receiving supplemental
3356	benefits, the employee ceases to be entitled to supplemental
3357	benefits for the filing period. Supplemental benefits that have
3358	been terminated shall be reinstated when the employee satisfies
3359	the conditions enumerated in subparagraph 2. and files the
3360	statement required under subparagraph 4. Notwithstanding any
3361	other provision, if an employee is not entitled to supplemental
3362	benefits for 12 consecutive months, employee ceases to be
3363	entitled to any additional income benefits for the compensable
3364	injury. If the employee is discharged within 12 months after
3365	losing entitlement under this subsection, benefits may be
3366	reinstated if the employee was discharged at that time with the
3367	intent to deprive the employee of supplemental benefits.
3368	4. After the initial determination of supplemental
3369	benefits, the employee must file a statement with the carrier
3370	stating that the employee has earned less than 80 percent of the
3371	employee's average weekly wage as a direct result of the
3372	employee's impairment, stating the amount of wages the employee
3373	earned in the filing period, and stating that the employee has
3374	in good faith sought employment commensurate with the employee's
3375	ability to work. The statement must be filed quarterly on a form
3376	and in the manner prescribed by the department. The department
3377	may modify the filing period as appropriate to an individual
3378	case. Failure to file a statement relieves the carrier of
3379	liability for supplemental benefits for the period during which
3380	a statement is not filed.
3381	5. The carrier shall begin payment of supplemental
3382	benefits not later than the seventh day after the expiration
3383	date of the impairment income benefit period and shall continue
3384	to timely pay those benefits. The carrier may request a
3385	mediation conference for the purpose of contesting the
3386	employee's entitlement to or the amount of supplemental income
3387	benefits.
3388	6. Supplemental benefits are calculated quarterly and paid
3389	monthly. For purposes of calculating supplemental benefits, 80
3390	percent of the employee's average weekly wage and the average
3391	wages the employee has earned per week are compared quarterly.
3392	For purposes of this paragraph, if the employee is offered a
3393	bona fide position of employment that the employee is capable of
3394	performing, given the physical condition of the employee and the
3395	geographic accessibility of the position, the employee's weekly
3396	wages are considered equivalent to the weekly wages for the
3397	position offered to the employee.
3398	7. Supplemental benefits are payable at the rate of 80
3399	percent of the difference between 80 percent of the employee's
3400	average weekly wage determined pursuant to s. 440.14 and the
3401	weekly wages the employee has earned during the reporting
3402	period, not to exceed the maximum weekly income benefit under s.
3403	440.12.
3404	8. The department may by rule define terms that are
3405	necessary for the administration of this section and forms and
3406	procedures governing the method of payment of supplemental
3407	benefits for dates of accidents before January 1, 1994, and for
3408	dates of accidents on or after January 1, 1994.
3409	(c) Duration of temporary impairment and supplemental
3410	income benefits.-- The employee's eligibility for temporary
3411	benefits, impairment income benefits, and supplemental benefits
3412	terminates on the expiration of 401 weeks after the date of
3413	injury.
3414	(4) TEMPORARY PARTIAL DISABILITY.--
3415	(a) Subject to subsection (7),in case of temporary
3416	partial disability, compensation shall be equal to 80 percent of
3417	the difference between 80 percent of the employee's average
3418	weekly wage and the salary, wages, and other remuneration the
3419	employee is able to earn post injury, as compared weekly;
3420	however, the weekly temporary partial disabilitybenefits may
3421	not exceed an amount equal to 66 2/3 percent of the employee's
3422	average weekly wage at the time of accidentinjury. In order to
3423	simplify the comparison of the preinjury average weekly wage
3424	with the salary, wages, and other remuneration the employee is
3425	able to earn post injury, the department may by rule provide for
3426	payment of the initial installment of temporary partial
3427	disability benefits to be paid as a partial week so that payment
3428	for remaining weeks of temporary partial disability canthe
3429	modification of the weekly comparison so as tocoincide as
3430	closely as possible with the post injury employer’s work week
3431	injured worker's pay periods. The amount determined to be the
3432	salary, wages, and other remuneration the employee is able to
3433	earn shall in no case be less than the sum actually being earned
3434	by the employee, including earnings from sheltered employment.
3435	Benefits shall be payable under this subsection only if overall
3436	maximum medical improvement has not been reached and the medical
3437	conditions resulting from the accident create restrictions on
3438	the injured employee’s ability to return to work.
3439	(b) Within 5 business days after the carrier’s knowledge
3440	of the employee’s release to restricted work, the carrier shall
3441	mail to the employee and employer an informational letter,
3442	adopted by department rule, explaining the employee’s possible
3443	eligibility and responsibilities for temporary partial
3444	disability benefits.
3445	(c) When an employee returns to work with the restrictions
3446	resulting from the accident and is earning wages less than 80
3447	percent of the preinjury average weekly wage, the first
3448	installment of temporary partial disability benefits is due 7
3449	days after the last date of the post injury employer’s first
3450	biweekly work week. Thereafter, payment for temporary partial
3451	benefits shall be paid biweekly no later than the 7th day
3452	following the last day of each biweekly work week.
3453	(d) If the employee is unable to return to work with the
3454	restrictions resulting from the accident and is not earning
3455	wages, salary, or other remuneration, temporary partial
3456	disability benefits shall be paid no later than the last day of
3457	each biweekly period. The employee shall notify the carrier
3458	within 5 business days after returning to work. Failure to
3459	notify the carrier of the establishment of an earning capacity
3460	in the required time shall result in a suspension or nonpayment
3461	of temporary partial disability benefits until the proper
3462	notification is provided.
3463	(e)(b)Such benefits shall be paid during the continuance
3464	of such disability, not to exceed a period of 104 weeks, as
3465	provided by this subsection and subsection (2). Once the injured
3466	employee reaches the maximum number of weeks, temporary
3467	disability benefits cease and the injured worker's permanent
3468	impairment must be determined. If the employee is terminated
3469	from post injury employment based on the employee’s misconduct,
3470	temporary partial disability benefits are not payable as
3471	provided for in this section. The department shallmayby rule
3472	specify forms and procedures governing the method and time for
3473	ofpayment of temporary disability benefits for dates of
3474	accidents before January 1, 1994, and for dates of accidents on
3475	or after January 1, 1994.
3476	(5) SUBSEQUENT INJURY.--
3477	(a) The fact that an employee has suffered previous
3478	disability, impairment, anomaly, or disease, or received
3479	compensation therefor, shall not preclude her or him from
3480	benefits, as specified in paragraph (b),for a subsequent
3481	aggravation or acceleration of the preexisting condition ornor
3482	preclude benefits for death resulting therefrom, except that no
3483	benefits shall be payable if the employee, at the time of
3484	entering into the employment of the employer by whom the
3485	benefits would otherwise be payable, falsely represents herself
3486	or himself in writing as not having previously been disabled or
3487	compensated because of such previous disability, impairment,
3488	anomaly, or disease and the employer detrimentally relies on the
3489	misrepresentation. Compensation for temporary disability,
3490	medical benefits, and wage-loss benefitsshall not be subject to
3491	apportionment.
3492	(b) If a compensable injury, disability, or need for
3493	medical carepermanent impairment, or any portion thereof, is a
3494	result of aggravation or acceleration of a preexisting
3495	condition, or is the result of merger with a preexisting
3496	condition, only the disabilities and medical treatment
3497	associated with such compensable injury shall be payable under
3498	this chapter, excluding the degree of disability or medical
3499	conditions existing at the time of the impairment rating or at
3500	the time of the accident, regardless of whether the preexisting
3501	condition was disabling at the time of the accident or at the
3502	time of the impairment rating and without considering whether
3503	the preexisting condition would be disabling without the
3504	compensable accidentimpairment, an employee eligible to receive
3505	impairment benefits under paragraph (3)(a) shall receive such
3506	benefits for the total impairment found to result, excluding the
3507	degree of impairment existing at the time of the subject
3508	accident or injury or which would have existed by the time of
3509	the impairment rating without the intervention of the
3510	compensable accident or injury. The degree of permanent
3511	impairment or disabilityattributable to the accident or injury
3512	shall be compensated in accordance with this section,
3513	apportioning out the preexisting condition based on the
3514	anatomical impairment rating attributable to the preexisting
3515	condition. Medical benefits shall be paid apportioning out the
3516	percentage of the need for such care attributable to the
3517	preexisting conditionparagraph (3)(a). As used in this
3518	paragraph, "merger" means the combining of a preexisting
3519	permanent impairment or disabilitywith a subsequent compensable
3520	permanent impairment or disabilitywhich, when the effects of
3521	both are considered together, result in a permanent impairment
3522	or disabilityrating which is greater than the sum of the two
3523	permanent impairment or disability ratings when each impairment
3524	or disability is considered individually.
3525	(6) OBLIGATION TO REHIRE.-- If the employer has not in
3526	good faith made available to the employee, within a 100-mile
3527	radius of the employee's residence, work appropriate to the
3528	employee's physical limitations within 30 days after the carrier
3529	notifies the employer of maximum medical improvement and the
3530	employee's physical limitations, the employer shall pay to the
3531	department for deposit into the Workers' Compensation
3532	Administration Trust Fund a fine of $250 for every $5,000 of the
3533	employer's workers' compensation premium or payroll, not to
3534	exceed $2,000 per violation, as the department requires by rule.
3535	The employer is not subject to this subsection if the employee
3536	is receiving permanent total disability benefits or if the
3537	employer has 50 or fewer employees.
3538	(6)(7)EMPLOYEE REFUSES EMPLOYMENT.--If an injured
3539	employee refuses employment suitable to the capacity thereof,
3540	offered to or procured therefor, such employee shall not be
3541	entitled to any compensation at any time during the continuance
3542	of such refusal unless at any time in the opinion of the judge
3543	of compensation claims such refusal is justifiable. Time periods
3544	for the payment of benefits in accordance with this section
3545	shall be counted in determining the limitation of benefits as
3546	provided for in paragraphs (2)(a), (3)(c), and (4)(b).
3547	(7)(8)EMPLOYEE LEAVES EMPLOYMENT.-- If an injured
3548	employee, when receiving compensation for temporary partial
3549	disability, leaves the employment of the employer by whom she or
3550	he was employed at the time of the accident for which such
3551	compensation is being paid, the employee shall, upon securing
3552	employment elsewhere, give to such former employer an affidavit
3553	in writing containing the name of her or his new employer, the
3554	place of employment, and the amount of wages being received at
3555	such new employment; and, until she or he gives such affidavit,
3556	the compensation for temporary partial disability will cease.
3557	The employer by whom such employee was employed at the time of
3558	the accident for which such compensation is being paid may also
3559	at any time demand of such employee an additional affidavit in
3560	writing containing the name of her or his employer, the place of
3561	her or his employment, and the amount of wages she or he is
3562	receiving; and if the employee, upon such demand, fails or
3563	refuses to make and furnish such affidavit, her or his right to
3564	compensation for temporary partial disability shall cease until
3565	such affidavit is made and furnished. If the employee leaves her
3566	or his employment while receiving temporary partial benefits
3567	without just cause as determined by the judge of compensation
3568	claims, temporary partial benefits shall be payable based on the
3569	deemed earnings of the employee as if she or he had remained
3570	employed.
3571	(8)(9)EMPLOYEE BECOMES INMATE OF INSTITUTION.--In case an
3572	employee becomes an inmate of a public institution, then no
3573	compensation shall be payable unless she or he has dependent
3574	upon her or him for support a person or persons defined as
3575	dependents elsewhere in this chapter, whose dependency shall be
3576	determined as if the employee were deceased and to whom
3577	compensation would be paid in case of death; and such
3578	compensation as is due such employee shall be paid such
3579	dependents during the time she or he remains such inmate.
3580	(9)(10)EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
3581	AND FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.--
3582	(a) Weekly compensation benefits payable under this
3583	chapter for disability resulting from injuries to an employee
3584	who becomes eligible for benefits under 42 U.S.C. s. 423 shall
3585	be reduced to an amount whereby the sum of such compensation
3586	benefits payable under this chapter and such total benefits
3587	otherwise payable for such period to the employee and her or his
3588	dependents, had such employee not been entitled to benefits
3589	under this chapter, under 42 U.S.C. ss. 402 and 423, does not
3590	exceed 80 percent of the employee's average weekly wage.
3591	However, this provision shall not operate to reduce an injured
3592	worker's benefits under this chapter to a greater extent than
3593	such benefits would have otherwise been reduced under 42 U.S.C.
3594	s. 424(a). This reduction of compensation benefits is not
3595	applicable to any compensation benefits payable for any week
3596	subsequent to the week in which the injured worker reaches the
3597	age of 62 years.
3598	(b) If the provisions of 42 U.S.C. s. 424(a) are amended
3599	to provide for a reduction or increase of the percentage of
3600	average current earnings that the sum of compensation benefits
3601	payable under this chapter and the benefits payable under 42
3602	U.S.C. ss. 402 and 423 can equal, the amount of the reduction of
3603	benefits provided in this subsection shall be reduced or
3604	increased accordingly. The department may by rule specify forms
3605	and procedures governing the method for calculating and
3606	administering the offset of benefits payable under this chapter
3607	and benefits payable under 42 U.S.C. ss. 402 and 423. The
3608	department shall have first priority in taking any available
3609	social security offsets on dates of accidents occurring before
3610	July 1, 1984.
3611	(c) No disability compensation benefits payable for any
3612	week, including those benefits provided by paragraph (1)(f),
3613	shall be reduced pursuant to this subsection until the Social
3614	Security Administration determines the amount otherwise payable
3615	to the employee under 42 U.S.C. ss. 402 and 423 and the employee
3616	has begun receiving such social security benefit payments. The
3617	employee shall, upon demand by the department, the employer, or
3618	the carrier, authorize the Social Security Administration to
3619	release disability information relating to her or him and
3620	authorize the Division of Unemployment Compensation to release
3621	unemployment compensation information relating to her or him, in
3622	accordance with rules to be adopted by the department
3623	prescribing the procedure and manner for requesting the
3624	authorization and for compliance by the employee. Neither the
3625	department nor the employer or carrier shall make any payment of
3626	benefits for total disability or those additional benefits
3627	provided by paragraph (1)(f) for any period during which the
3628	employee willfully fails or refuses to authorize the release of
3629	information in the manner and within the time prescribed by such
3630	rules. The authority for release of disability information
3631	granted by an employee under this paragraph shall be effective
3632	for a period not to exceed 12 months, such authority to be
3633	renewable as the department may prescribe by rule.
3634	(d) If compensation benefits are reduced pursuant to this
3635	subsection, the minimum compensation provisions of s. 440.12(2)
3636	do not apply.
3637	(10)(11)EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER
3638	WHO HAS RECEIVED OR IS ENTITLED TO RECEIVE UNEMPLOYMENT
3639	COMPENSATION.--
3640	(a) No compensation benefits shall be payable for
3641	temporary total disability or permanent total disability under
3642	this chapter for any week in which the injured employee has
3643	received, or is receiving, unemployment compensation benefits.
3644	(b) If an employee is entitled to temporary partial
3645	benefits pursuant to subsection (4) and unemployment
3646	compensation benefits, such unemployment compensation benefits
3647	shall be primary and the temporary partial benefits shall be
3648	supplemental only, the sum of the two benefits not to exceed the
3649	amount of temporary partial benefits which would otherwise be
3650	payable.
3651	(11)(12)FULL-PAY STATUS FOR CERTAIN LAW ENFORCEMENT
3652	OFFICERS.--Any law enforcement officer as defined in s.
3653	943.10(1), (2), or (3) who, while acting within the course of
3654	employment as provided by s. 440.091, is maliciously or
3655	intentionally injured and who thereby sustains a job-connected
3656	disability compensable under this chapter shall be carried in
3657	full-pay status rather than being required to use sick, annual,
3658	or other leave. Full-pay status shall be granted only after
3659	submission to the employing agency's head of a medical report
3660	which gives a current diagnosis of the employee's recovery and
3661	ability to return to work. In no case shall the employee's
3662	salary and workers' compensation benefits exceed the amount of
3663	the employee's regular salary requirements.
3664	(12)(13)REPAYMENT.--If an employee has received a sum as
3665	an indemnity benefit under any classification or category of
3666	benefit under this chapter to which she or he is not entitled,
3667	the employee is liable to repay that sum to the employer or the
3668	carrier or to have that sum deducted from future benefits,
3669	regardless of the classification of benefits, payable to the
3670	employee under this chapter; however, a partial payment of the
3671	total repayment may not exceed 20 percent of the amount of the
3672	biweekly payment.
3673	Section 19. Subsections (1), (2), and (3) of section
3674	440.151, Florida Statutes, are amended to read:
3675	440.151 Occupational diseases.--
3676	(1)(a) Where the employer and employee are subject to the
3677	provisions of the Workers' Compensation Law, the disablement or
3678	death of an employee resulting from an occupational disease as
3679	hereinafter defined shall be treated as the happening of an
3680	injury by accident, notwithstanding any other provisions of this
3681	chapter, and the employee or, in case of death, the employee's
3682	dependents shall be entitled to compensation as provided by this
3683	chapter, except as hereinafter otherwise provided; and the
3684	practice and procedure prescribed by this chapter shall apply to
3685	all proceedings under this section, except as hereinafter
3686	otherwise provided. Provided, however, that in no case shall an
3687	employer be liable for compensation under the provisions of this
3688	section unless such disease has resulted from the nature of the
3689	employment in which the employee was engaged under such
3690	employer,and was actually contracted while so engaged, and the
3691	nature of the employment was the major contributing cause of the
3692	disease. Major contributing cause must be shown by medical
3693	evidence only, as demonstrated by physical examination findings
3694	and diagnostic testing.meaning by "Nature of the employment"
3695	means that intothe occupation in which the employee was so
3696	engaged there is attached a particular hazard of such disease
3697	that distinguishes it from the usual run of occupations, or the
3698	incidence of such disease is substantially higher in the
3699	occupation in which the employee was so engaged than in the
3700	usual run of occupations. In claims for death under s. 440.16,
3701	death must occuror, in case of death, unless death follows
3702	continuous disability from such disease, commencing within the
3703	period above limited, for which compensation has been paid or
3704	awarded, or timely claim made as provided in this section, and
3705	results within 350 weeks after such last exposure. Both
3706	causation and sufficient exposure to a specific harmful
3707	substance shown to be present in the workplace to support
3708	causation shall be proven by clear and convincing evidence.
3709	(b) No compensation shall be payable for an occupational
3710	disease if the employee, at the time of entering into the
3711	employment of the employer by whom the compensation would
3712	otherwise be payable, falsely represents herself or himself in
3713	writing as not having previously been disabled, laid off or
3714	compensated in damages or otherwise, because of such disease.
3715	(c) Where an occupational disease is aggravated by any
3716	other disease or infirmity, not itself compensable, or where
3717	disability or death from any other cause, not itself
3718	compensable, is aggravated, prolonged, accelerated or in anywise
3719	contributed to by an occupational disease, the compensation
3720	shall be payable only if the occupational disease is the major
3721	contributing cause of the injury. Any compensationshall be
3722	reduced and limited to such proportion only of the compensation
3723	that would be payable if the occupational disease were the sole
3724	cause of the disability or death as such occupational disease,
3725	as a causative factor, bears to all the causes of such
3726	disability or death, such reduction in compensation to be
3727	effected by reducing the number of weekly or monthly payments or
3728	the amounts of such payments, as under the circumstances of the
3729	particular case may be for the best interest of the claimant or
3730	claimants. Major contributing cause must be demonstrated by
3731	medical evidence based on physical examination findings and
3732	diagnostic testing.
3733	(d) No compensation for death from an occupational disease
3734	shall be payable to any person whose relationship to the
3735	deceased, which under the provisions of this Workers'
3736	Compensation Law would give right to compensation, arose
3737	subsequent to the beginning of the first compensable disability,
3738	save only to afterborn children of a marriage existing at the
3739	beginning of such disability.
3740	(e) No compensation shall be payable for disability or
3741	death resulting from tuberculosis arising out of and in the
3742	course of employment by the Department of Health at a state
3743	tuberculosis hospital, or aggravated by such employment, when
3744	the employee had suffered from said disease at any time prior to
3745	the commencement of such employment.
3746	(2) Whenever used in this section the term "occupational
3747	disease" shall be construed to mean only a disease which is due
3748	to causes and conditions which are characteristic of and
3749	peculiar to a particular trade, occupation, process, or
3750	employment, and to exclude all ordinary diseases of life to
3751	which the general public is exposed, unless the incidence of the
3752	disease is substantially higher in the particular trade,
3753	occupation, process, or employment than for the general public.
3754	“Occupational disease” means only a disease for which there are
3755	epidemiological studies showing that exposure to the specific
3756	substance involved, at the levels to which the employee was
3757	exposed, may cause the precise disease sustained by the
3758	employee.
3759	(3) Except as hereinafterotherwise provided in this
3760	section, "disablement" means disability as described in s.
3761	440.02(13)the event of an employee's becoming actually
3762	incapacitated, partially or totally, because of an occupational
3763	disease, from performing her or his work in the last occupation
3764	in which injuriously exposed to the hazards of such disease; and
3765	"disability" means the state of being so incapacitated.
3766	Section 20. Subsections (1) and (7) of section 440.16,
3767	Florida Statutes, are amended to read:
3768	440.16 Compensation for death.--
3769	(1) If death results from the accident within 1 year
3770	thereafter or follows continuous disability and results from the
3771	accident within 5 years thereafter, the employer shall pay:
3772	(a) Within 14 days after receiving the bill, actual
3773	funeral expenses not to exceed $7,500$5,000.
3774	(b) Compensation, in addition to the above, in the
3775	following percentages of the average weekly wages to the
3776	following persons entitled thereto on account of dependency upon
3777	the deceased, and in the following order of preference, subject
3778	to the limitation provided in subparagraph 2., but such
3779	compensation shall be subject to the limits provided in s.
3780	440.12(2), shall not exceed $150,000$100,000, and may be less
3781	than, but shall not exceed, for all dependents or persons
3782	entitled to compensation, 662/3 percent of the average wage:
3783	1. To the spouse, if there is no child, 50 percent of the
3784	average weekly wage, such compensation to cease upon the
3785	spouse's death.
3786	2. To the spouse, if there is a child or children, the
3787	compensation payable under subparagraph 1. and, in addition,
3788	162/3 percent on account of the child or children. However, when
3789	the deceased is survived by a spouse and also a child or
3790	children, whether such child or children are the product of the
3791	union existing at the time of death or of a former marriage or
3792	marriages, the judge of compensation claims may provide for the
3793	payment of compensation in such manner as may appear to the
3794	judge of compensation claims just and proper and for the best
3795	interests of the respective parties and, in so doing, may
3796	provide for the entire compensation to be paid exclusively to
3797	the child or children; and, in the case of death of such spouse,
3798	331/3 percent for each child. However, upon the surviving
3799	spouse's remarriage, the spouse shall be entitled to a lump-sum
3800	payment equal to 26 weeks of compensation at the rate of 50
3801	percent of the average weekly wage as provided in s. 440.12(2),
3802	unless the $150,000$100,000limit provided in this paragraph is
3803	exceeded, in which case the surviving spouse shall receive a
3804	lump-sum payment equal to the remaining available benefits in
3805	lieu of any further indemnity benefits. In no case shall a
3806	surviving spouse's acceptance of a lump-sum payment affect
3807	payment of death benefits to other dependents.
3808	3. To the child or children, if there is no spouse, 331/3
3809	percent for each child.
3810	4. To the parents, 25 percent to each, such compensation
3811	to be paid during the continuance of dependency.
3812	5. To the brothers, sisters, and grandchildren, 15 percent
3813	for each brother, sister, or grandchild.
3814	(c) To the surviving spouse, payment of postsecondary
3815	student fees for instruction at any area technical center
3816	established under s. 1001.44 for up to 1,800 classroom hours or
3817	payment of student fees at any community college established
3818	under part III of chapter 1004 for up to 80 semester hours. The
3819	spouse of a deceased state employee shall be entitled to a full
3820	waiver of such fees as provided in ss. 1009.22 and 1009.23 in
3821	lieu of the payment of such fees. The benefits provided for in
3822	this paragraph shall be in addition to other benefits provided
3823	for in this section and shall terminate 7 years after the death
3824	of the deceased employee, or when the total payment in eligible
3825	compensation under paragraph (b) has been received. To qualify
3826	for the educational benefit under this paragraph, the spouse
3827	shall be required to meet and maintain the regular admission
3828	requirements of, and be registered at, such area technical
3829	center or community college, and make satisfactory academic
3830	progress as defined by the educational institution in which the
3831	student is enrolled.
3832	(7) Compensation under this chapter to aliens not
3833	residents (or about to become nonresidents) of the United States
3834	or Canada shall be the same in amount as provided for residents,
3835	except that dependents in any foreign country shall be limited
3836	to surviving spouse and child or children, or if there be no
3837	surviving spouse or child or children, to surviving father or
3838	mother whom the employee has supported, either wholly or in
3839	part, for the period of 1 year prior to the date of the injury,
3840	and except that the judge of compensation claims may, at the
3841	option of the judge of compensation claims, or upon the
3842	application of the insurance carrier, commute all future
3843	installments of compensation to be paid to such aliens by paying
3844	or causing to be paid to them one-half of the commuted amount of
3845	such future installments of compensation as determined by the
3846	judge of compensation claims, and provided further that
3847	compensation to dependents referred to in this subsection shall
3848	in no case exceed $75,000$50,000.
3849	Section 21. Subsection (9) of section 440.185, Florida
3850	Statutes, is amended, and subsection (12) is added to said
3851	section, to read:
3852	440.185 Notice of injury or death; reports; penalties for
3853	violations.--
3854	(9) Any employer or carrier who fails or refuses to timely
3855	send any form, report, or notice required by this section shall
3856	be subject to an administrative fine by the departmenta civil
3857	penalty not to exceed $1,000$500for each such failure or
3858	refusal. If, within 1 calendar year, an employer fails to timely
3859	submit to the carrier more than 10 percent of its notices of
3860	injury or death, the employer shall be subject to an
3861	administrative fine by the department not to exceed $2,000 for
3862	each such failure or refusal.However, any employer who fails to
3863	notify the carrier of the injury on the prescribed form or by
3864	letter within the 7 days required in subsection (2) shall be
3865	liable for the administrative finecivil penalty, which shall be
3866	paid by the employer and not the carrier. Failure by the
3867	employer to meet its obligations under subsection (2) shall not
3868	relieve the carrier from liability for the administrative fine
3869	civil penaltyif it fails to comply with subsections (4) and
3870	(5).
3871	(12) Upon receiving notice of an injury from an employee
3872	under subsection (1), the employer or carrier shall provide the
3873	employee with a written notice, in the form and manner
3874	determined by the department by rule, of the availability of
3875	services from the Employee Assistance and Ombudsman Office. The
3876	substance of the notice to the employee shall include:
3877	(a) A description of the scope of services provided by the
3878	office.
3879	(b) A listing of the toll-free telephone number of, the
3880	email address, and the postal address of the office.
3881	(c) A statement that the informational brochure referred
3882	to in subsection (4) will be mailed to the employee within 3
3883	days after the carrier receives notice of the injury.
3884	(d) Any other information regarding access to assistance
3885	that the department finds is immediately necessary for an
3886	injured employee.
3887	Section 22. Subsections (1) and (2) of section 440.192,
3888	Florida Statutes, are amended, and subsection (9) is added to
3889	said section, to read:
3890	440.192 Procedure for resolving benefit disputes.—
3891	(1) Subject to s. 440.191, Any employee may, for any
3892	benefit that is ripe, due, and owing,who has not received a
3893	benefit to which the employee believes she or he is entitled
3894	under this chapter shallfile by certified mail, or by
3895	electronic means approved by the Deputy Chief Judge, with the
3896	Office of the Judges of Compensation Claims a petition for
3897	benefits which meets the requirements of this section and the
3898	definition of specificity in s. 440.02. The department shall
3899	inform employees of the location of the Office of the Judges of
3900	Compensation Claims for purposes of filing a petition for
3901	benefits. The employee shall also serve copies of the petition
3902	for benefits by certified mail, or by electronic means approved
3903	by the Deputy Chief Judge, upon the employer and the employer's
3904	carrier. The DeputyChief Judge shall refer the petitions to the
3905	judges of compensation claims.
3906	(2) Upon receipt, the Office of the Judges of Compensation
3907	Claims shall review each petition and shall dismiss each
3908	petition or any portion of such a petition, upon the judge's own
3909	motion or upon the motion of any party,that does not on its
3910	face specifically identify or itemize the following:
3911	(a) Name, address, telephone number, and social security
3912	number of the employee.
3913	(b) Name, address, and telephone number of the employer.
3914	(c) A detailed description of the injury and cause of the
3915	injury, including the location of the occurrence and the date or
3916	dates of the accident.
3917	(d) A detailed description of the employee's job, work
3918	responsibilities, and work the employee was performing when the
3919	injury occurred.
3920	(e) The time period for which compensation and the
3921	specific classification of compensation were not timely
3922	provided.
3923	(f) Date of maximum medical improvement, character of
3924	disability, specific statement of all benefits or compensation
3925	that the employee is seeking.
3926	(g) All specific travel costs to which the employee
3927	believes she or he is entitled, including dates of travel and
3928	purpose of travel, means of transportation, and mileage and
3929	including the date the request for mileage was filed with the
3930	carrier and a copy of the request filed with the carrier.
3931	(h) Specific listing of all medical charges alleged
3932	unpaid, including the name and address of the medical provider,
3933	the amounts due, and the specific dates of treatment.
3934	(i) The type or nature of treatment care or attendance
3935	sought and the justification for such treatment. If the employee
3936	is under the care of a physician for an injury identified under
3937	paragraph (c), a copy of the physician’s request, authorization,
3938	or recommendation for treatment, care, or attendance must
3939	accompany the petition.
3940	(j) Specific explanation of any other disputed issue that
3941	a judge of compensation claims will be called to rule upon.
3942
3943	The dismissal of any petition or portion of such a petition
3944	under this section is without prejudice and does not require a
3945	hearing.
3946	(9) A petition for benefits must contain claims for all
3947	benefits that are ripe, due, and owing on the date the petition
3948	is filed. Unless stipulated in writing by the parties, only
3949	claims which have been properly raised in a petition for
3950	benefits and have undergone mediation may be considered for
3951	adjudication by a judge of compensation claims.
3952	Section 23. Section 440.1926, Florida Statutes, is created
3953	to read:
3954	440.1926 Alternate dispute resolution; claim
3955	arbitration.--Notwithstanding any other provision of this
3956	chapter, the employer, carrier, and employee may mutually agree
3957	to seek consent from a judge of compensation claims to enter
3958	into binding claim arbitration in lieu of any other remedy
3959	provided for in this chapter to resolve all issues in dispute
3960	regarding an injury. Arbitrations agreed to pursuant to this
3961	section shall be governed by chapter 682, the Florida
3962	Arbitration Code, except that, notwithstanding any provision in
3963	chapter 682, the term “court” shall mean a judge of compensation
3964	claims. An arbitration award in accordance with this section
3965	shall be enforceable in the same manner and with the same powers
3966	as any final compensation order.
3967	Section 24. Subsections (2), (3), (4), (6), and (8) and
3968	paragraph (d) of subsection (11) of section 440.20, Florida
3969	Statutes, are amended to read:
3970	440.20 Time for payment of compensation and medical bills;
3971	penalties for late payment.--
3972	(2)(a)The carrier must pay the first installment of
3973	compensation for total disability or death benefitsor deny
3974	compensability no later than the 14th calendarday after the
3975	employer receives notificationnotice of the injury or death,
3976	when disability is immediate and continuous for 8 calendar days
3977	or more after the injury. If the first 7 days after disability
3978	are nonconsecutive or delayed, the first installment of
3979	compensation is due on the 6th day after the first 8 calendar
3980	days of disability.The carrier shall thereafter pay
3981	compensation in biweekly installments or as otherwise provided
3982	in s. 440.15, unless the judge of compensation claims determines
3983	or the parties agree that an alternate installment schedule is
3984	in the best interests of the employee.
3985	(b) The carrier must pay, disallow, or deny all medical,
3986	dental, pharmacy, and hospital bills submitted to the carrier in
3987	accordance with department rule no later than 45 calendar days
3988	after the carrier’s receipt of the bill.
3989	(3) Upon making initial payment of indemnity benefits, or
3990	upon suspension or cessation of payment for any reason, the
3991	carrier shall immediately notify the injured employee, the
3992	employer, and thedepartment that it has commenced, suspended,
3993	or ceased payment of compensation. The department may require
3994	such notification to the injured employee, employer, and the
3995	department in aanyformat and manner it deems necessary to
3996	obtain accurate and timely notificationreporting.
3997	(4) If the carrier is uncertain of its obligation to
3998	provide all benefits or compensation, it may initiate payment
3999	without prejudice and without admitting liability. the carrier
4000	shall immediately and in good faith commence investigation of
4001	the employee's entitlement to benefits under this chapter and
4002	shall admit or deny compensability within 120 days after the
4003	initial provision of compensation or benefits as required under
4004	subsection (2) or s. 440.192(8). Additionally, the carrier shall
4005	initiate payment and continue the provision of all benefits and
4006	compensation as if the claim had been accepted as compensable,
4007	without prejudice and without admitting liability.Upon
4008	commencement of payment as required under subsection (2) or s.
4009	440.192 (8), the carrier shall provide written notice to the
4010	employee that itis has elected to pay all or part ofthe claim
4011	pending further investigation, and that it will advise the
4012	employee of claim acceptance or denial within 120 days. A
4013	carrier that fails to deny compensability within 120 days after
4014	the initial provision of benefits or payment of compensation as
4015	required under subsection (2) or s. 440.192(8) waives the right
4016	to deny compensability, unless the carrier can establish
4017	material facts relevant to the issue of compensability that it
4018	could not have discovered through reasonable investigation
4019	within the 120-day period. The initial provision of compensation
4020	or benefits, for purposes of this subsection, means the first
4021	installment of compensation or benefits to be paid by the
4022	carrier under subsection (2) or pursuant to a petition for
4023	benefits under s. 440.192(8).
4024	(6)(a)If any installment of compensation for death or
4025	dependency benefits, or compensation for disability benefits,
4026	permanent impairment, or wage losspayable without an award is
4027	not paid within 7 days after it becomes due, as provided in
4028	subsection (2), subsection (3), or subsection (4), there shall
4029	be added to such unpaid installment a punitivepenalty of an
4030	amount equal to 20 percent of the unpaid installment or $5,
4031	which shall be paid at the same time as, but in addition to,
4032	such installment of compensation. This penalty shall not apply
4033	for late payments resulting, unless notice is filed under
4034	subsection (4) or unless such nonpayment resultsfrom conditions
4035	over which the employer or carrier had no control. When any
4036	installment of compensation payable without an award has not
4037	been paid within 7 days after it became due and the claimant
4038	concludes the prosecution of the claim before a judge of
4039	compensation claims without having specifically claimed
4040	additional compensation in the nature of a penalty under this
4041	section, the claimant will be deemed to have acknowledged that,
4042	owing to conditions over which the employer or carrier had no
4043	control, such installment could not be paid within the period
4044	prescribed for payment and to have waived the right to claim
4045	such penalty. However, during the course of a hearing, the judge
4046	of compensation claims shall on her or his own motion raise the
4047	question of whether such penalty should be awarded or excused.
4048	The department may assess without a hearing the punitivepenalty
4049	against either the employer or the insurancecarrier, depending
4050	upon who was at fault in causing the delay. The insurance policy
4051	cannot provide that this sum will be paid by the carrier if the
4052	department or the judge of compensation claims determines that
4053	the punitive penalty should be paidmadeby the employer rather
4054	than the carrier. Any additional installment of compensation
4055	paid by the carrier pursuant to this section shall be paid
4056	directly to the employee by check or, if authorized by the
4057	employee, by direct deposit into the employee's account at a
4058	financial institution. As used in this subsection, the term
4059	"financial institution" means a financial institution as defined
4060	in s. 655.005(1)(h).
4061	(b) For medical services provided on or after January 1,
4062	2004, the department shall require that all medical, hospital,
4063	pharmacy, or dental bills properly submitted by the provider,
4064	except for bills that are disallowed or denied by the carrier or
4065	its authorized vendor in accordance with department rule, are
4066	timely paid within 45 calendar days after the carrier’s receipt
4067	of the bill. The department shall impose penalties for late
4068	payments or disallowances or denials of medical, hospital,
4069	pharmacy, or dental bills that are below a minimum 95 percent
4070	timely performance standard. The carrier shall pay to the
4071	Workers’ Compensation Administration Trust Fund a penalty of:
4072	1. Twenty-five dollars for each bill below the 95 percent
4073	timely performance standard, but meeting a 90 percent timely
4074	standard.
4075	2. Fifty dollars for each bill below a 90 percent timely
4076	performance standard.
4077	(8)(a)In addition to any other penalties provided by this
4078	chapter for late payment, if any installment of compensation is
4079	not paid when it becomes due, the employer, carrier, or
4080	servicing agent shall pay interest thereon at the rate of 12
4081	percent per year from the date the installment becomes due until
4082	it is paid, whether such installment is payable without an order
4083	or terms of an order. The interest payment shall be the greater
4084	of the amount due or $5.
4085	(a) Within 30 days after final payment of compensation has
4086	been made, the employer, carrier, or servicing agent shall send
4087	to the department a notice, in accordance with a format and
4088	manner prescribed by the department, stating that such final
4089	payment has been made and stating the total amount of
4090	compensation paid, the name of the employee and of any other
4091	person to whom compensation has been paid, the date of the
4092	injury or death, and the date to which compensation has been
4093	paid.
4094	(b) If the employer, carrier, or servicing agent fails to
4095	so notify the department within such time, the department shall
4096	assess against such employer, carrier, or servicing agent a
4097	civil penalty in an amount not over $100.
4098	(b)(c)In order to ensure carrier compliance under this
4099	chapter and provisions of the Insurance Code, the department
4100	shall monitor, audit, and investigatethe performance of
4101	carriers by conducting market conduct examinations, as provided
4102	in s. 624.3161, and conducting investigations, as provided in s.
4103	624.317. The department shall requireestablish by rule a
4104	minimum performance standards for carriers to ensure that a
4105	minimum of 90 percent ofall compensation benefits are timely
4106	paid in accordance with this section. The department shall
4107	impose penaltiesfine a carrier as provided in s. 440.13(11)(b)
4108	up to $50 for each late paymentspayment of compensation that
4109	areis below athe minimum 9590 percent timely payment
4110	performance standard. The carrier shall pay to the Workers’
4111	Compensation Administration Trust Fund a penalty of:
4112	1. Fifty dollars per number of installments of
4113	compensation below the 95 percent timely payment performance
4114	standard and equal to or greater than a 90 percent timely
4115	payment performance standard.
4116	2. One hundred dollars per number of installments of
4117	compensation below a 90 percent timely payment performance
4118	standard.
4119
4120	This section does not affect the imposition of any penalties or
4121	interest due to the claimant. If a carrier contracts with a
4122	servicing agent to fulfill its administrative responsibilities
4123	under this chapter, the payment practices of the servicing agent
4124	are deemed the payment practices of the carrier for the purpose
4125	of assessing penalties against the carrier.
4126	(11)
4127	(d)1. With respect to any lump-sum settlement under this
4128	subsection, a judge of compensation claims must consider at the
4129	time of the settlement, whether the settlement allocation
4130	provides for the appropriate recovery of child support
4131	arrearages. An employer or carrier does not have a duty to
4132	investigate or collect information regarding child support
4133	arrearages.
4134	2. When reviewing any settlement of lump-sum payment
4135	pursuant to this subsection, judges of compensation claims shall
4136	consider the interests of the worker and the worker's family
4137	when approving the settlement, which must consider and provide
4138	for appropriate recovery of past due support.
4139	Section 25. Section 440.25, Florida Statutes, is amended
4140	to read:
4141	440.25 Procedures for mediation and hearings.--
4142	(1) Forty daysWithin 90 daysafter a petition for
4143	benefits is filed under s. 440.192, a mediation conference
4144	concerning such petition shall be held. Within 40 days after
4145	such petition is filed,the judge of compensation claims shall
4146	notify the interested parties by order that a mediation
4147	conference concerning such petition has been scheduledwill be
4148	held unless the parties have notified the judgeOffice of the
4149	Judges of compensation claims that a privatemediation has been
4150	held or is scheduled to be held. A mediation, whether private
4151	or public, shall be held within 130 days after the filing of the
4152	petition. Such order must give the date by whichthe mediation
4153	conference is tomustbe held. Such order may be served
4154	personally upon the interested parties or may be sent to the
4155	interested parties by mail. If multiple petitions are pending,
4156	or if additional petitions are filed after the scheduling of a
4157	mediation, the judge of compensation claims shall consolidate
4158	all petitions into one mediation.The claimant or the adjuster
4159	of the employer or carrier may, at the mediator's discretion,
4160	attend the mediation conference by telephone or, if agreed to by
4161	the parties, other electronic means. A continuance may be
4162	granted upon the agreement of the parties orif the requesting
4163	party demonstrates to the judge of compensation claims that the
4164	reason for requesting the continuance arises from circumstances
4165	beyond the party's control. Any order granting a continuance
4166	must set forth the date of the rescheduled mediation conference.
4167	A mediation conference may not be used solely for the purpose of
4168	mediating attorney's fees.
4169	(2) Any party who participates in a mediation conference
4170	shall not be precluded from requesting a hearing following the
4171	mediation conference should both parties not agree to be bound
4172	by the results of the mediation conference. A mediation
4173	conference is required to be held unless this requirement is
4174	waived by the Deputy Chief Judge. No later than 3 days prior to
4175	the mediation conference, all parties must submit any applicable
4176	motions, including, but not limited to, a motion to waive the
4177	mediation conference, to the judge of compensation claims.
4178	(3)(a)Such mediation conference shall be conducted
4179	informally and does not require the use of formal rules of
4180	evidence or procedure. Any information from the files, reports,
4181	case summaries, mediator's notes, or other communications or
4182	materials, oral or written, relating to a mediation conference
4183	under this section obtained by any person performing mediation
4184	duties is privileged and confidential and may not be disclosed
4185	without the written consent of all parties to the conference.
4186	Any research or evaluation effort directed at assessing the
4187	mediation program activities or performance must protect the
4188	confidentiality of such information. Each party to a mediation
4189	conference has a privilege during and after the conference to
4190	refuse to disclose and to prevent another from disclosing
4191	communications made during the conference whether or not the
4192	contested issues are successfully resolved. This subsection and
4193	paragraphs (4)(a) and (b) shall not be construed to prevent or
4194	inhibit the discovery or admissibility of any information that
4195	is otherwise subject to discovery or that is admissible under
4196	applicable law or rule of procedure, except that any conduct or
4197	statements made during a mediation conference or in negotiations
4198	concerning the conference are inadmissible in any proceeding
4199	under this chapter.
4200	(a)1. Unless the parties conduct a private mediation under
4201	paragraph (b)subparagraph 2., mediation shall be conducted by a
4202	mediator selected by the Director of the Division of
4203	Administrative Hearings from among mediators employed on a full-
4204	time basis by the Office of the Judges of Compensation Claims. A
4205	mediator must be a member of The Florida Bar for at least 5
4206	years and must complete a mediation training program approved by
4207	the Deputy Chief JudgeDirector of the Division of
4208	Administrative Hearings. Adjunct mediators may be employed by
4209	the Office of the Judges of Compensation Claims on an as-needed
4210	basis and shall be selected from a list prepared by the Director
4211	of the Division of Administrative Hearings. An adjunct mediator
4212	must be independent of all parties participating in the
4213	mediation conference. An adjunct mediator must be a member of
4214	The Florida Bar for at least 5 years and must complete a
4215	mediation training program approved by the Office of the Judges
4216	of Compensation ClaimsDirector of the Division of
4217	Administrative Hearings. An adjunct mediator shall have access
4218	to the office, equipment, and supplies of the judge of
4219	compensation claims in each district.
4220	(b)2. With respect to any private mediation occurring on
4221	or after January 1, 2003, if the parties agree or if mediators
4222	are not available under paragraph (a), pursuant to notice from
4223	the judge of compensation claimssubparagraph 1., to conduct the
4224	required mediation within the period specified in this section,
4225	the parties shall hold a mediation conference at the carrier's
4226	expense within the 130-day90-dayperiod set for mediation. The
4227	mediation conference shall be conducted by a mediator certified
4228	under s. 44.106. If the parties do not agree upon a mediator
4229	within 10 days after the date of the order, the claimant shall
4230	notify the judge in writing and the judge shall appoint a
4231	mediator under this subparagraph within 7 days. In the event
4232	both parties agree, the results of the mediation conference
4233	shall be binding and neither party shall have a right to appeal
4234	the results. In the event either party refuses to agree to the
4235	results of the mediation conference, the results of the
4236	mediation conference as well as the testimony, witnesses, and
4237	evidence presented at the conference shall not be admissible at
4238	any subsequent proceeding on the claim. The mediator shall not
4239	be called in to testify or give deposition to resolve any claim
4240	for any hearing before the judge of compensation claims. The
4241	employer may be represented by an attorney at the mediation
4242	conference if the employee is also represented by an attorney at
4243	the mediation conference.
4244	(b) The parties shall complete the pretrial stipulations
4245	before the conclusion of the mediation conference if the claims,
4246	except for attorney's fees and costs, have not been settled and
4247	if any claims in any filed petition remain unresolved. The judge
4248	of compensation claims may impose sanctions against a party or
4249	both parties for failing to complete the pretrial stipulations
4250	before the conclusion of the mediation conference.
4251	(4)(a) If the parties fail to agree touponwritten
4252	submission of pretrial stipulations at the mediation conference,
4253	the judge of compensation claims shall conduct a liveorder a
4254	pretrial hearing to occur within 14 days after the date of
4255	mediation ordered by the judge of compensation claims. The judge
4256	of compensation claims shall give the interested parties at
4257	least 147 days' advance notice of the pretrial hearing by mail.
4258	At the pretrial hearing, the judge of compensation claims shall,
4259	subject to paragraph (b), set a date for the final hearing that
4260	allows the parties at least 60 days to conduct discovery unless
4261	the parties consent to an earlier hearing date.
4262	(b) The final hearing must be held and concluded within 90
4263	days after the mediation conference is held, allowing the
4264	parties sufficient time to complete discovery. Except as set
4265	forth in this section,continuances may be granted only if the
4266	requesting party demonstrates to the judge of compensation
4267	claims that the reason for requesting the continuance arises
4268	from circumstances beyond the party's control. The written
4269	consent of the claimant must be obtained before any request from
4270	a claimant's attorney is granted for an additional continuance
4271	after the initial continuance has been granted. Any order
4272	granting a continuance must set forth the date and time of the
4273	rescheduled hearing. A continuance may be granted only if the
4274	requesting party demonstrates to the judge of compensation
4275	claims that the reason for requesting the continuance arises
4276	from circumstances beyond the control of the parties. The judge
4277	of compensation claims shall report any grant of two or more
4278	continuances to the Deputy Chief Judge.
4279	(c) The judge of compensation claims shall give the
4280	interested parties at least 147days' advance notice of the
4281	final hearing, served upon the interested parties by mail.
4282	(d) The final hearing shall be held within 210 days after
4283	receipt of the petition for benefits in the county where the
4284	injury occurred, if the injury occurred in this state, unless
4285	otherwise agreed to between the parties and authorized by the
4286	judge of compensation claims in the county where the injury
4287	occurred; However, the claimant may waive the timeframes within
4288	this section for good cause shown. If the injury occurred
4289	outside the state and is one for which compensation is payable
4290	under this chapter, then the final hearing may be held in the
4291	county of the employer's residence or place of business, or in
4292	any other county of the state that will, in the discretion of
4293	the Deputy Chief Judge, be the most convenient for a hearing.
4294	The final hearing shall be conducted by a judge of compensation
4295	claims, who shall, within 30 days after final hearing or closure
4296	of the hearing record, unless otherwise agreed by the parties,
4297	enter a final order on the merits of the disputed issues. The
4298	judge of compensation claims may enter an abbreviated final
4299	order in cases in which compensability is not disputed. Either
4300	party may request separate findings of fact and conclusions of
4301	law. At the final hearing, the claimant and employer may each
4302	present evidence with respect to the claims presented by the
4303	petition for benefits and may be represented by any attorney
4304	authorized in writing for such purpose. When there is a conflict
4305	in the medical evidence submitted at the hearing, the provisions
4306	of s. 440.13 shall apply. The report or testimony of the expert
4307	medical advisor shall be admitted into evidence in amade a part
4308	of the record of the proceeding and shall be given the same
4309	consideration by the judge of compensation claims as is accorded
4310	other medical evidence submitted in the proceeding;and all
4311	costs incurred in connection with such examination and testimony
4312	may be assessed as costs in the proceeding, subject to the
4313	provisions of s. 440.13. No judge of compensation claims may
4314	make a finding of a degree of permanent impairment that is
4315	greater than the greatest permanent impairment rating given the
4316	claimant by any examining or treating physician,except upon
4317	stipulation of the parties. Any benefit due but not raised at
4318	the final hearing which was ripe, due, or owing at the time of
4319	the final hearing is waived.
4320	(e) The order making an award or rejecting the claim,
4321	referred to in this chapter as a "compensation order," shall set
4322	forth the findings of ultimate facts and the mandate; and the
4323	order need not include any other reason or justification for
4324	such mandate. The compensation order shall be filed in the
4325	Office of the Judges of Compensation Claims at Tallahassee. A
4326	copy of such compensation order shall be sent by mail to the
4327	parties and attorneys of record at the last known address of
4328	each, with the date of mailing noted thereon.
4329	(f) Each judge of compensation claims is required to
4330	submit a special report to the Deputy Chief Judge in each
4331	contested workers' compensation case in which the case is not
4332	determined within 30 days of final hearing or closure of the
4333	hearing record. Said form shall be provided by the director of
4334	the Division of Administrative Hearings and shall contain the
4335	names of the judge of compensation claims and of the attorneys
4336	involved and a brief explanation by the judge of compensation
4337	claims as to the reason for such a delay in issuing a final
4338	order.
4339	(f)(g)Notwithstanding any other provision of this
4340	section, the judge of compensation claims may require the
4341	appearance of the parties and counsel before her or him without
4342	written notice for an emergency conference where there is a bona
4343	fide emergency involving the health, safety, or welfare of an
4344	employee. An emergency conference under this section may result
4345	in the entry of an order or the rendering of an adjudication by
4346	the judge of compensation claims.
4347	(g)(h)To expedite dispute resolution and to enhance the
4348	self-executing features of the Workers' Compensation Law, the
4349	Deputy Chief Judge shall make provision by rule or order for the
4350	resolution of appropriate motions by judges of compensation
4351	claims without oral hearing upon submission of brief written
4352	statements in support and opposition, and for expedited
4353	discovery and docketing. Unless the judge of compensation
4354	claims, for good cause, orders a hearing under paragraph (h)(i),
4355	each claim in a petition relating to the determination of the
4356	average weekly wagepayunder s. 440.14 shall be resolved under
4357	this paragraph without oral hearing.
4358	(h)(i)To further expedite dispute resolution and to
4359	enhance the self-executing features of the system, those
4360	petitions filed in accordance with s. 440.192 that involve a
4361	claim for benefits of $5,000 or less shall, in the absence of
4362	compelling evidence to the contrary, be presumed to be
4363	appropriate for expedited resolution under this paragraph; and
4364	any other claim filed in accordance with s. 440.192, upon the
4365	written agreement of both parties and application by either
4366	party, may similarly be resolved under this paragraph. A claim
4367	in a petition or $5,000 or less for medical benefits only or a
4368	petition for reimbursement for mileage for medical purposes
4369	shall, in the absence of compelling evidence to the contrary, be
4370	resolved through the expedited dispute resolution process
4371	provided in this paragraph. For purposes of expedited resolution
4372	pursuant to this paragraph, the Deputy Chief Judge shall make
4373	provision by rule or order for expedited and limited discovery
4374	and expedited docketing in such cases. At least 15 days prior to
4375	hearing, the parties shall exchange and file with the judge of
4376	compensation claims a pretrial outline of all issues, defenses,
4377	and witnesses on a form adopted by the Deputy Chief Judge;
4378	provided, in no event shall such hearing be held without 15
4379	days' written notice to all parties. No pretrial hearing shall
4380	be held and no mediation scheduled unless requested by a party.
4381	The judge of compensation claims shall limit all argument and
4382	presentation of evidence at the hearing to a maximum of 30
4383	minutes, and such hearings shall not exceed 30 minutes in
4384	length. Neither party shall be required to be represented by
4385	counsel. The employer or carrier may be represented by an
4386	adjuster or other qualified representative. The employer or
4387	carrier and any witness may appear at such hearing by telephone.
4388	The rules of evidence shall be liberally construed in favor of
4389	allowing introduction of evidence.
4390	(i)(j)A judge of compensation claims may, upon the motion
4391	of a party or the judge's own motion, dismiss a petition for
4392	lack of prosecution if a petition, response, motion, order,
4393	request for hearing, or notice of deposition has not been filed
4394	during the previous 12 months unless good cause is shown. A
4395	dismissal for lack of prosecution is without prejudice and does
4396	not require a hearing.
4397	(j)(k)A judge of compensation claims may not award
4398	interest on unpaid medical bills and the amount of such bills
4399	may not be used to calculate the amount of interest awarded.
4400	Regardless of the date benefits were initially requested,
4401	attorney's fees do not attach under this subsection until 30
4402	days after the date the carrier or self-insured employer
4403	receives the petition.
4404	(5)(a) Procedures with respect to appeals from orders of
4405	judges of compensation claims shall be governed by rules adopted
4406	by the Supreme Court. Such an order shall become final 30 days
4407	after mailing of copies of such order to the parties, unless
4408	appealed pursuant to such rules.
4409	(b) An appellant may be relieved of any necessary filing
4410	fee by filing a verified petition of indigency for approval as
4411	provided in s. 57.081(1) and may be relieved in whole or in part
4412	from the costs for preparation of the record on appeal if,
4413	within 15 days after the date notice of the estimated costs for
4414	the preparation is served, the appellant files with the judge of
4415	compensation claims a copy of the designation of the record on
4416	appeal, and a verified petition to be relieved of costs. A
4417	verified petition filed prior to the date of service of the
4418	notice of the estimated costs shall be deemed not timely filed.
4419	The verified petition relating to record costs shall contain a
4420	sworn statement that the appellant is insolvent and a complete,
4421	detailed, and sworn financial affidavit showing all the
4422	appellant's assets, liabilities, and income. Failure to state in
4423	the affidavit all assets and income, including marital assets
4424	and income, shall be grounds for denying the petition with
4425	prejudice. The Office of the Judges of Compensation Claims shall
4426	adopt rules as may be required pursuant to this subsection,
4427	including forms for use in all petitions brought under this
4428	subsection. The appellant's attorney, or the appellant if she or
4429	he is not represented by an attorney, shall include as a part of
4430	the verified petition relating to record costs an affidavit or
4431	affirmation that, in her or his opinion, the notice of appeal
4432	was filed in good faith and that there is a probable basis for
4433	the District Court of Appeal, First District, to find reversible
4434	error, and shall state with particularity the specific legal and
4435	factual grounds for the opinion. Failure to so affirm shall be
4436	grounds for denying the petition. A copy of the verified
4437	petition relating to record costs shall be served upon all
4438	interested parties. The judge of compensation claims shall
4439	promptly conduct a hearing on the verified petition relating to
4440	record costs, giving at least 15 days' notice to the appellant,
4441	the department, and all other interested parties, all of whom
4442	shall be parties to the proceedings. The judge of compensation
4443	claims may enter an order without such hearing if no objection
4444	is filed by an interested party within 20 days from the service
4445	date of the verified petition relating to record costs. Such
4446	proceedings shall be conducted in accordance with the provisions
4447	of this section and with the workers' compensation rules of
4448	procedure, to the extent applicable. In the event an insolvency
4449	petition is granted, the judge of compensation claims shall
4450	direct the department to pay record costs and filing fees from
4451	the Workers' Compensation Administration Trust Fund pending
4452	final disposition of the costs of appeal. The department may
4453	transcribe or arrange for the transcription of the record in any
4454	proceeding for which it is ordered to pay the cost of the
4455	record.
4456	(c) As a condition of filing a notice of appeal to the
4457	District Court of Appeal, First District, an employer who has
4458	not secured the payment of compensation under this chapter in
4459	compliance with s. 440.38 shall file with the notice of appeal a
4460	good and sufficient bond, as provided in s. 59.13, conditioned
4461	to pay the amount of the demand and any interest and costs
4462	payable under the terms of the order if the appeal is dismissed,
4463	or if the District Court of Appeal, First District, affirms the
4464	award in any amount. Upon the failure of such employer to file
4465	such bond with the judge of compensation claims orthe District
4466	Court of Appeal, First District, along with the notice of
4467	appeal, the District Court of Appeal, First District, shall
4468	dismiss the notice of appeal.
4469	(6) An award of compensation for disability may be made
4470	after the death of an injured employee.
4471	(7) An injured employee claiming or entitled to
4472	compensation shall submit to such physical examination by a
4473	certified expert medical advisor approved by the agency or the
4474	judge of compensation claims as the agency or the judge of
4475	compensation claims may require. The place or places shall be
4476	reasonably convenient for the employee. Such physician or
4477	physicians as the employee, employer, or carrier may select and
4478	pay for may participate in an examination if the employee,
4479	employer, or carrier so requests. Proceedings shall be suspended
4480	and no compensation shall be payable for any period during which
4481	the employee may refuse to submit to examination.Any interested
4482	party shall have the right in any case of death to require an
4483	autopsy, the cost thereof to be borne by the party requesting
4484	it; and the judge of compensation claims shall have authority to
4485	order and require an autopsy and may, in her or his discretion,
4486	withhold her or his findings and award until an autopsy is held.
4487	Section 26. Subsections (1), (2), and (3) of section
4488	440.34, Florida Statutes, are amended to read:
4489	440.34 Attorney's fees; costs.--
4490	(1) A fee, gratuity, or other consideration may not be
4491	paid for services rendered fora claimant in connection with any
4492	proceedings arising under this chapter, unless approved as
4493	reasonable by the judge of compensation claims or court having
4494	jurisdiction over such proceedings. Except as provided by this
4495	subsection,Any attorney's fee approved by a judge of
4496	compensation claims for benefits secured on behalf ofservices
4497	rendered to a claimant may not exceed 18 must equal to 20
4498	percent of the first $5,000 of the amount of the benefits
4499	secured, 1315percent of the next $5,000 of the amount of the
4500	benefits secured, 810percent of the remaining amount of the
4501	benefits secured to be provided during the first 10 years after
4502	the date the claim is filed, and 5 percent of the benefits
4503	secured after 10 years. The judge of compensation claims shall
4504	not approve a compensation order, a joint stipulation for lump-
4505	sum settlement, a stipulation or agreement between a claimant
4506	and his or her attorney, or any other agreement related to
4507	benefits under this chapter that provides for an attorney’s fee
4508	in excess of the amount permitted by this section. The judge of
4509	compensation claims is not required to approve any retainer
4510	agreement between the claimant and his or her attorney. The
4511	retainer agreement as to fees and costs may not be for
4512	compensation in excess of the amount allowed under this section.
4513	However, The judge of compensation claims shall consider the
4514	following factors in each case and may increase or decrease the
4515	attorney's fee if, in her or his judgment, the circumstances of
4516	the particular case warrant such action:
4517	(a) The time and labor required, the novelty and
4518	difficulty of the questions involved, and the skill requisite to
4519	perform the legal service properly.
4520	(b) The fee customarily charged in the locality for
4521	similar legal services.
4522	(c) The amount involved in the controversy and the
4523	benefits resulting to the claimant.
4524	(d) The time limitation imposed by the claimant or the
4525	circumstances.
4526	(e) The experience, reputation, and ability of the lawyer
4527	or lawyers performing services.
4528	(f) The contingency or certainty of a fee.
4529	(2) In awarding a reasonable claimant's attorney's fee,
4530	the judge of compensation claims shall consider only those
4531	benefits secured byto the claimant that the attorney is
4532	responsible for securing. The amount, statutory basis, and type
4533	of benefits obtained through legal representation shall be
4534	listed on all attorney's fees awarded by the judge of
4535	compensation claims. For purposes of this section, the term
4536	"benefits secured" means benefits obtained as a result of the
4537	claimant's attorney's legal services rendered in connection with
4538	the claim for benefits. However, such termdoes not include
4539	future medical benefits to be provided on any date more than 5
4540	years after the date the claim is filed. In the event an offer
4541	to settle an issue pending before a judge of compensation claims
4542	is communicated in writing to the claimant or the claimant’s
4543	attorney at least 30 days prior to the trial date on such issue,
4544	benefits secured shall be only that amount awarded above that
4545	specified in the offer to settle. If multiple issues are pending
4546	before the judge of compensation claims, said offer of
4547	settlement shall address each issue pending and shall state
4548	explicitly whether or not the offer on each issue is severable.
4549	The written offer shall also unequivocally state whether or not
4550	it includes medical witness fees and expenses, and all other
4551	costs associated with the claim.
4552	(3) If any partythe claimantshould prevail in any
4553	proceedings before a judge of compensation claims or court,
4554	there shall be taxed against the nonprevailing party employer
4555	the reasonable costs of such proceedings, not to include the
4556	attorney's fees of the claimant. A claimant shall be responsible
4557	for the payment of her or his own attorney's fees, except that a
4558	claimant shall be entitled to recover a reasonable attorney's
4559	fee from a carrier or employer:
4560	(a) Against whom she or he successfully asserts a petition
4561	for medical benefits only, if the claimant has not filed or is
4562	not entitled to file at such time a claim for disability,
4563	permanent impairment, wage-loss, or death benefits, arising out
4564	of the same accident;
4565	(b) In any case in which the employer or carrier files a
4566	response to petition denying benefits with the Office of the
4567	Judges of Compensation Claims and the injured person has
4568	employed an attorney in the successful prosecution of the
4569	petition;
4570	(c) In a proceeding in which a carrier or employer denies
4571	that an accident occurred for which compensation benefits are
4572	payable, and the claimant prevails on the issue of
4573	compensability; or
4574	(d) In cases where the claimant successfully prevails in
4575	proceedings filed under s. 440.24 or s. 440.28.
4576
4577	Regardless of the date benefits were initially requested,
4578	attorney's fees shall not attach under this subsection until 30
4579	days after the date the carrier or employer, if self-insured,
4580	receives the petition. In applying the factors set forth in
4581	subsection (1) to cases arising under paragraphs (a), (b), (c),
4582	and (d), the judge of compensation claims must only consider
4583	only such benefits and the time reasonably spent in obtaining
4584	them as were secured for the claimant within the scope of
4585	paragraphs (a), (b), (c), and (d).
4586	Section 27. Subsection (7) is added to section 440.38,
4587	Florida Statutes, to read:
4588	440.38 Security for compensation; insurance carriers and
4589	self-insurers.—
4590	(7) Any employer who meets the requirements of subsection
4591	(1) through a policy of insurance issued outside of this state
4592	must at all times, with respect to all employees working in this
4593	state, maintain the required coverage under a Florida
4594	endorsement using Florida rates and rules pursuant to payroll
4595	reporting that accurately reflects the work performed in this
4596	state by such employees.
4597	Section 28. Subsections (2) and (6) of section 440.381,
4598	Florida Statutes, are amended to read:
4599	440.381 Application for coverage; reporting payroll;
4600	payroll audit procedures; penalties.--
4601	(2) Submission of an application that contains false,
4602	misleading, or incomplete information provided with the purpose
4603	of avoiding or reducing the amount of premiums for workers’
4604	compensation coverage is a felony of the second degree,
4605	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4606	The application must contain a statement that the filing of an
4607	application containing false, misleading, or incomplete
4608	information providedwith the purpose of avoiding or reducing
4609	the amount of premiums for workers' compensation coverage is a
4610	felony of the third degree, punishable as provided in s.
4611	775.082, s. 775.083, or s. 775.084. The application must contain
4612	a sworn statement by the employer attesting to the accuracy of
4613	the information submitted and acknowledging the provisions of
4614	former s. 440.37(4). The application must contain a sworn
4615	statement by the agent attesting that the agent explained to the
4616	employer or officer the classification codes that are used for
4617	premium calculations.
4618	(6)(a) If an employer understates or conceals payroll, or
4619	misrepresents or conceals employee duties so as to avoid proper
4620	classification for premium calculations, or misrepresents or
4621	conceals information pertinent to the computation and
4622	application of an experience rating modification factor, the
4623	employer, or the employer's agent or attorney, shall pay to the
4624	insurance carrier a penalty of 10 times the amount of the
4625	difference in premium paid and the amount the employer should
4626	have paid and reasonable attorney's fees. The penalty may be
4627	enforced in the circuit courts of this state.
4628	(b) If the department determines that an employer has
4629	materially understated or concealed payroll, has materially
4630	misrepresented or concealed employee duties so as to avoid
4631	proper classification for premium calculations, or has
4632	materially misrepresented or concealed information pertinent to
4633	the computation and application of an experience rating
4634	modification factor, the department shall immediately notify the
4635	employer’s carrier of such determination. The carrier shall
4636	commence a physical onsite audit of the employer within 30 days
4637	after receiving notification from the department. If the carrier
4638	fails to commence the audit as required by this section, the
4639	department shall contract with auditing professionals to conduct
4640	the audit at the carrier’s expense. A copy of the carrier’s
4641	audit of the employer shall be provided to the department upon
4642	completion. The carrier is not required to conduct the physical
4643	onsite audit of the employer as set forth in this paragraph if
4644	the carrier gives written notice of cancellation to the employer
4645	within 30 days after receiving notification from the department
4646	of the material misrepresentation, understatement, or
4647	concealment and an audit is conducted in conjunction with the
4648	cancellation.
4649	Section 29. Subsection (3) of section 440.42, Florida
4650	Statutes, is amended to read:
4651	440.42 Insurance policies; liability.--
4652	(3) No contract or policy of insurance issued by a carrier
4653	under this chapter shall expire or be canceled until at least 30
4654	days have elapsed after a notice of cancellation has been sent
4655	to the department and to the employer in accordance with the
4656	provisions of s. 440.185(7). For cancellation due to nonpayment
4657	of premium, the insurer shall mail notification to the employer
4658	at least 10 days prior to the effective date of the
4659	cancellation.However, when duplicate or dual coverage exists by
4660	reason of two different carriers having issued policies of
4661	insurance to the same employer securing the same liability, it
4662	shall be presumed that only that policy with the later effective
4663	date shall be in force and that the earlier policy terminated
4664	upon the effective date of the latter. In the event that both
4665	policies carry the same effective date, one of the policies may
4666	be canceled instanter upon filing a notice of cancellation with
4667	the department and serving a copy thereof upon the employer in
4668	such manner as the department prescribes by rule. The department
4669	may by rule prescribe the content of the notice of retroactive
4670	cancellation and specify the time, place, and manner in which
4671	the notice of cancellation is to be served.
4672	Section 30. Paragraph (a) of subsection (4) of section
4673	440.49, Florida Statutes, is amended to read:
4674	440.49 Limitation of liability for subsequent injury
4675	through Special Disability Trust Fund.--
4676	(4) PERMANENT IMPAIRMENT OR PERMANENT TOTAL DISABILITY,
4677	TEMPORARY BENEFITS, MEDICAL BENEFITS, OR ATTENDANT CARE AFTER
4678	OTHER PHYSICAL IMPAIRMENT.--
4679	(a) Permanent impairment.--If an employee who has a
4680	preexisting permanent physical impairment incurs a subsequent
4681	permanent impairment from injury or occupational disease arising
4682	out of, and in the course of, her or his employment which merges
4683	with the preexisting permanent physical impairment to cause a
4684	permanent impairment, the employer shall, in the first instance,
4685	pay all benefits provided by this chapter; but, subject to the
4686	limitations specified in subsection (6), such employer shall be
4687	reimbursed from the Special Disability Trust Fund created by
4688	subsection (9) for 50 percent of all impairment benefits which
4689	the employer has been required to provide pursuant to s.
4690	440.15(3)(a)as a result of the subsequent accident or
4691	occupational disease.
4692	Section 31. Paragraph (b) of subsection (6) of section
4693	440.491, Florida Statutes, is amended to read:
4694	440.491 Reemployment of injured workers; rehabilitation.--
4695	(6) TRAINING AND EDUCATION.--
4696	(b) When it appears that an employee who has attained
4697	maximum medical improvement requires training and education to
4698	obtain suitable gainful employment, the employer shall pay the
4699	employee additional temporary total compensation while the
4700	employee receives such training and education for a period not
4701	to exceed 26 weeks, which period may be extended for an
4702	additional 26 weeks or less, if such extended period is
4703	determined to be necessary and proper by a judge of compensation
4704	claims. However, a carrier or employer is not precluded from
4705	voluntarily paying additional temporary total disability
4706	compensation beyond that period. If an employee requires
4707	temporary residence at or near a facility or an institution
4708	providing training and education which is located more than 50
4709	miles away from the employee's customary residence, the
4710	reasonable cost of board, lodging, or travel must be borne by
4711	the department from the Workers' Compensation Administration
4712	Trust Fund established by s. 440.50. An employee who refuses to
4713	accept training and education that is recommended by the
4714	vocational evaluator and considered necessary by the department
4715	is subject to a 50-percent reduction in weekly compensation
4716	benefits, including wage-loss benefits, as determined under s.
4717	440.15(3)(b).
4718	Section 32. Section 440.525, Florida Statutes, is amended
4719	to read:
4720	440.525 Audit, examination, and examination of carriers
4721	and claims-handling entities.--
4722	(1) The department may audit, examine, or investigate any
4723	each carrier, third-party administrator, servicing agent, or
4724	other claims-handling entityas often as is warranted to ensure
4725	that it iscarriers are fulfilling itstheir obligations under
4726	this chapterthe law. The examination may cover any period of
4727	the carrier's operations since the last previous examination.
4728	(2) An audit or examination may cover any period of the
4729	carrier’s, third-party administrator’s, servicing agent’s, or
4730	other claims-handling entity’s operations since the last
4731	previous audit or examination. An investigation based upon a
4732	reasonable belief by the department that a material violation of
4733	this chapter has occurred may cover any time period, but may not
4734	predate the last audit by more than 5 years. The department may
4735	by rule establish procedures, standards, and protocols for
4736	audits, examinations, and investigations. If the department
4737	finds any violation of this chapter, it may impose
4738	administrative penalties pursuant to this chapter. If the
4739	department finds any self-insurer in violation of this chapter,
4740	it may take action pursuant s. 440.38(3). Audits, examinations,
4741	or investigations by the department may address, but are not
4742	limited to addressing: unfair or unreasonable claims-handling
4743	techniques; patterns or practices of unreasonable denial of
4744	claims or unreasonable delay in claims handling; timeliness and
4745	accuracy of payments and reports under ss. 440.13, 440.16, and
4746	440.185; proper application of practice parameters and protocols
4747	in paying medical benefits; or patterns or practices of
4748	harassment, coercion, or intimidation of claimants. The
4749	department may also specify by rule the documentation to be
4750	maintained for each claim file.
4751	(3) As to any audit, examination, or investigation
4752	conducted under this chapter, the department shall have the
4753	power to conduct onsite inspections of claims records and
4754	documentation of a carrier, third-party administrator, servicing
4755	agent, or other claims-handling entity, and conduct interviews,
4756	both sworn and unsworn, of claims-handling personnel. Carriers,
4757	third-party administrators, servicing agents, and other claims-
4758	handling entities shall make all claims records, documentation,
4759	communication, and correspondence available to department
4760	personnel during regular business hours. If any person fails to
4761	comply with a department request for production of records or
4762	documents or fails to produce an employee for interview, the
4763	department may compel production or attendance by subpoena. The
4764	results of an audit, examination, or investigation shall be
4765	provided to the carrier, third-party administrator, servicing
4766	agent, or other claims-handling entity in a written report
4767	setting forth the basis for any violations that are asserted.
4768	Such report is agency action for purposes of chapter 120, and
4769	the aggrieved party may request a proceeding under s. 120.57
4770	with regard to the findings and conclusion of the report.
4771	(4) If the department finds that violations of this
4772	chapter have occurred, the department may impose an
4773	administrative penalty upon the offending entity or entities.
4774	For each offending entity, such penalties shall not exceed
4775	$2,500 for each pattern or practice constituting nonwillful
4776	violation and shall not exceed an aggregate amount of $10,000
4777	for all nonwillful violations arising out of the same action. If
4778	the department finds a pattern of practice that constitutes a
4779	willful violation, the department may impose an administrative
4780	penalty upon each offending entity not to exceed $20,000 for
4781	each willful pattern or practice. Such fines shall not exceed
4782	$100,000 for all willful violations arising out of the same
4783	action. No penalty assessed under this section may be recouped
4784	by any carrier in the rate base, the premium, or any rate
4785	filing. Any administrative penalty imposed under this section
4786	for a nonwillful violation shall not duplicate an administrative
4787	penalty imposed under another provision of this chapter. The
4788	department may adopt rules to implement this section. The
4789	department shall adopt penalty guidelines by rule to set
4790	penalties under this chapter.
4791	Section 33. Subsection (2) of section 627.162, Florida
4792	Statutes, is amended to read:
4793	627.162 Requirements for premium installments;
4794	delinquency, collection, and check return charges; attorney's
4795	fees.--
4796	(2) Insurers providing workers' compensation coverage
4797	under chapter 440 may charge the insured a delinquency and
4798	collection fee on each installment in default for a period of
4799	not less than 5 days in an amount not to exceed $25$10or 5
4800	percent of the delinquent installment, whichever is greater.
4801	Only one such delinquency and collection fee may be collected on
4802	any such installment regardless of the period during which it
4803	remains in default.
4804	Section 34. Paragraphs (c) and (d) of subsection (4) of
4805	section 627.311, Florida Statutes, are amended to read
4806	627.311 Joint underwriters and joint reinsurers.--
4807	(4)
4808	(c) The operation of the plan shall be governed by a plan
4809	of operation that is prepared at the direction of the board of
4810	governors. The plan of operation may be changed at any time by
4811	the board of governors or upon request of the department. The
4812	plan of operation and all changes thereto are subject to the
4813	approval of the department. The plan of operation shall:
4814	1. Authorize the board to engage in the activities
4815	necessary to implement this subsection, including, but not
4816	limited to, borrowing money.
4817	2. Develop criteria for eligibility for coverage by the
4818	plan, including, but not limited to, documented rejection by at
4819	least two insurers which reasonably assures that insureds
4820	covered under the plan are unable to acquire coverage in the
4821	voluntary market. Any insured may voluntarily elect to accept
4822	coverage from an insurer for a premium equal to or greater than
4823	the plan premium if the insurer writing the coverage adheres to
4824	the provisions of s. 627.171.
4825	3. Require notice from the agent to the insured at the
4826	time of the application for coverage that the application is for
4827	coverage with the plan and that coverage may be available
4828	through an insurer, group self-insurers' fund, commercial self-
4829	insurance fund, or assessable mutual insurer through another
4830	agent at a lower cost.
4831	4. Establish programs to encourage insurers to provide
4832	coverage to applicants of the plan in the voluntary market and
4833	to insureds of the plan, including, but not limited to:
4834	a. Establishing procedures for an insurer to use in
4835	notifying the plan of the insurer's desire to provide coverage
4836	to applicants to the plan or existing insureds of the plan and
4837	in describing the types of risks in which the insurer is
4838	interested. The description of the desired risks must be on a
4839	form developed by the plan.
4840	b. Developing forms and procedures that provide an insurer
4841	with the information necessary to determine whether the insurer
4842	wants to write particular applicants to the plan or insureds of
4843	the plan.
4844	c. Developing procedures for notice to the plan and the
4845	applicant to the plan or insured of the plan that an insurer
4846	will insure the applicant or the insured of the plan, and notice
4847	of the cost of the coverage offered; and developing procedures
4848	for the selection of an insuring entity by the applicant or
4849	insured of the plan.
4850	d. Provide for a market-assistance plan to assist in the
4851	placement of employers. All applications for coverage in the
4852	plan received 45 days before the effective date for coverage
4853	shall be processed through the market-assistance plan. A market-
4854	assistance plan specifically designed to serve the needs of
4855	small good policyholders as defined by the board must be
4856	finalized by January 1, 1994.
4857	5. Provide for policy and claims services to the insureds
4858	of the plan of the nature and quality provided for insureds in
4859	the voluntary market.
4860	6. Provide for the review of applications for coverage
4861	with the plan for reasonableness and accuracy, using any
4862	available historic information regarding the insured.
4863	7. Provide for procedures for auditing insureds of the
4864	plan which are based on reasonable business judgment and are
4865	designed to maximize the likelihood that the plan will collect
4866	the appropriate premiums.
4867	8. Authorize the plan to terminate the coverage of and
4868	refuse future coverage for any insured that submits a fraudulent
4869	application to the plan or provides fraudulent or grossly
4870	erroneous records to the plan or to any service provider of the
4871	plan in conjunction with the activities of the plan.
4872	9. Establish service standards for agents who submit
4873	business to the plan.
4874	10. Establish criteria and procedures to prohibit any
4875	agent who does not adhere to the established service standards
4876	from placing business with the plan or receiving, directly or
4877	indirectly, any commissions for business placed with the plan.
4878	11. Provide for the establishment of reasonable safety
4879	programs for all insureds in the plan. All insureds of the plan
4880	must participate in the safety program.
4881	12. Authorize the plan to terminate the coverage of and
4882	refuse future coverage to any insured who fails to pay premiums
4883	or surcharges when due; who, at the time of application, is
4884	delinquent in payments of workers' compensation or employer's
4885	liability insurance premiums or surcharges owed to an insurer,
4886	group self-insurers' fund, commercial self-insurance fund, or
4887	assessable mutual insurer licensed to write such coverage in
4888	this state; or who refuses to substantially comply with any
4889	safety programs recommended by the plan.
4890	13. Authorize the board of governors to provide the
4891	services required by the plan through staff employed by the
4892	plan, through reasonably compensated service providers who
4893	contract with the plan to provide services as specified by the
4894	board of governors, or through a combination of employees and
4895	service providers.
4896	14. Provide for service standards for service providers,
4897	methods of determining adherence to those service standards,
4898	incentives and disincentives for service, and procedures for
4899	terminating contracts for service providers that fail to adhere
4900	to service standards.
4901	15. Provide procedures for selecting service providers and
4902	standards for qualification as a service provider that
4903	reasonably assure that any service provider selected will
4904	continue to operate as an ongoing concern and is capable of
4905	providing the specified services in the manner required.
4906	16. Provide for reasonable accounting and data-reporting
4907	practices.
4908	17. Provide for annual review of costs associated with the
4909	administration and servicing of the policies issued by the plan
4910	to determine alternatives by which costs can be reduced.
4911	18. Authorize the acquisition of such excess insurance or
4912	reinsurance as is consistent with the purposes of the plan.
4913	19. Provide for an annual report to the department on a
4914	date specified by the department and containing such information
4915	as the department reasonably requires.
4916	20. Establish multiple rating plans for various
4917	classifications of risk which reflect risk of loss, hazard
4918	grade, actual losses, size of premium, and compliance with loss
4919	control. At least one of such plans must be a preferred-rating
4920	plan to accommodate small-premium policyholders with good
4921	experience as defined in sub-subparagraph 22.a.
4922	21. Establish agent commission schedules.
4923	22. Establish fourthreesubplans as follows:
4924	a. Subplan “A” must include those insureds whose annual
4925	premium does not exceed $2,500 and who have neither incurred any
4926	lost-time claims nor incurred medical-only claims exceeding 50
4927	percent of their premium for the immediate 2 years.
4928	b. Subplan “B” must include insureds that are employers
4929	identified by the board of governors as high-risk employers due
4930	solely to the nature of the operations being performed by those
4931	insureds and for whom no market exists in the voluntary market,
4932	and whose experience modifications are less than 1.00.
4933	c. Subplan “C” must include all otherinsureds within the
4934	plan that are not eligible for subplan “A,” subplan “B,” or
4935	subplan “D.”
4936	d. Subplan “D” must include any employer with 50 or fewer
4937	employees, except that an employer who is eligible for subplan
4938	“D” and another subplan may elect the subplan in which it will
4939	participate. The rate plan for subplan “D” shall be the same
4940	rate plan as the plan approved under ss. 627.091-627.151 and
4941	each participant in subplan “D” shall pay the premium determined
4942	under such rate plan, plus a surcharge determined by the board
4943	to be sufficient to ensure that the plan does not compete with
4944	the voluntary market rate for any participant, but not to exceed
4945	25 percent.
4946	23. Provide for a depopulation program to reduce the
4947	number of insureds in subplan “D.” If an employer insured
4948	through subplan “D” is offered coverage from a voluntary market
4949	carrier:
4950	a. During the first 30 days of coverage under the subplan;
4951	b. Before a policy is issued under the subplan;
4952	c. By issuance of a policy upon expiration or cancellation
4953	of the policy under the subplan; or
4954	d. By assumption of the subplan’s obligation with respect
4955	to an in-force policy,
4956
4957	that employer is no longer eligible for coverage through the
4958	plan. The premium for risks assumed by the voluntary market
4959	carrier must be the same premium plus, for the first 2 years,
4960	the surcharge as determined in sub-subparagraph 22.d. A premium
4961	under this subparagraph, including surcharge, is deemed approved
4962	and is not an excess premium for purposes of s. 627.171.
4963	24. Require that policies issued under subplan “D” and
4964	applications for such policies must include a notice that the
4965	policy issued under subplan “D” could be replaced by a policy
4966	issued from a voluntary market carrier and that if an offer of
4967	coverage is obtained from a voluntary market carrier, the
4968	policyholder is no longer eligible for coverage through subplan
4969	“D.” The notice must also specify that acceptance of coverage
4970	under subplan “D” creates a conclusive presumption that the
4971	applicant or policyholder is aware of this potential. With
4972	respect to any employer organized as a not-for-profit
4973	corporation and tax-exempt under s. 501(c)(3) of the Internal
4974	Revenue Code, the surcharge shall be sufficient to ensure that
4975	the subplan does not compete with the voluntary market but does
4976	not exceed 10 percent.
4977	(d)1.The plan must be funded through actuarially sound
4978	premiums charged to insureds of the plan.
4979	2.The plan may issue assessable policies only to those
4980	insureds in subplan “C.” and subplan “D.” Assessments levied
4981	against subplan “C” participants shall cover only the excess
4982	losses attributable to subplan “C,” and assessments levied
4983	against subplan “D” participants shall cover only the excess
4984	losses attributable to subplan “D.” In no event may the plan
4985	levy assessments against any person or entity except as
4986	authorized by this paragraph.Those assessable policies must be
4987	clearly identified as assessable by containing, in contrasting
4988	color and in not less than 10-point type, the following
4989	statements: “This is an assessable policy. If the plan is unable
4990	to pay its obligations, policyholders will be required to
4991	contribute on a pro rata earned premium basis the money
4992	necessary to meet any assessment levied.”
4993	3.The plan may issue assessable policies with differing
4994	terms and conditions to different groups within subplan “C” and
4995	subplan “D”the planwhen a reasonable basis exists for the
4996	differentiation.
4997	4.The plan may offer rating, dividend plans, and other
4998	plans to encourage loss prevention programs.
4999	Section 35. Paragraphs (c) and (e) of subsection (3) of
5000	section 921.0022, Florida Statutes, are amended to read:
5001	921.0022 Criminal Punishment Code; offense severity
5002	ranking chart.--
5003	(3) OFFENSE SEVERITY RANKING CHART
5004	FloridaStatute FelonyDegree Description
5005	(c) LEVEL 3
5006	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
5007	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
5008	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
5009	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
5010	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
5011	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
5012	327.35(2)(b) 3rd Felony BUI.
5013	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
5014	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
5015	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
5016	440.105(3)(a) 3rd Failure to update workers’ compensation insurance coverage application or to post notice of coverage.
5017	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
5018	440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
5019	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
5020	697.08 3rd Equity skimming.
5021	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
5022	796.05(1) 3rd Live on earnings of a prostitute.
5023	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
5024	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
5025	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
5026	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
5027	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
5028	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
5029	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
5030	817.233 3rd Burning to defraud insurer.
5031	817.234(8)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
5032	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
5033	817.505(4) 3rd Patient brokering.
5034	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
5035	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
5036	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
5037	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
5038	843.19 3rd Injure, disable, or kill police dog or horse.
5039	870.01(2) 3rd Riot; inciting or encouraging.
5040	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).
5041	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.
5042	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.
5043	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
5044	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
5045	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
5046	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
5047	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
5048	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.
5049	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.
5050	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
5051	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.
5052	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
5053	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
5054	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
5055	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
5056	(e) LEVEL 5
5057	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
5058	316.1935(4) 2nd Aggravated fleeing or eluding.
5059	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
5060	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
5061	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
5062
5063	440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
5064	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
5065	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
5066	790.01(2) 3rd Carrying a concealed firearm.
5067	790.162 2nd Threat to throw or discharge destructive device.
5068	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
5069	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
5070	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
5071	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
5072	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
5073	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
5074	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
5075	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
5076	812.019(1) 2nd Stolen property; dealing in or trafficking in.
5077	812.131(2)(b) 3rd Robbery by sudden snatching.
5078	812.16(2) 3rd Owning, operating, or conducting a chop shop.
5079	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
5080	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
5081	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.
5082	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
5083	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
5084	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
5085	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.
5086	843.01 3rd Resist officer with violence to person; resist arrest with violence.
5087	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
5088	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).
5089	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.
5090	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.
5091	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.
5092	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.
5093	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).
5094	Section 36. Report to the Legislature regarding
5095	outstanding enforcement issues.--The Department of Financial
5096	Services shall, no later than January 1, 2004, provide a report
5097	to the President of the Senate, the Speaker of the House of
5098	Representatives, the minority leaders of the Senate and the
5099	House of Representatives, and the chairs of the standing
5100	committees of the Senate and the House of Representatives having
5101	jurisdiction over insurance issues, containing the following
5102	information:
5103	(1) Any provision of chapter 440, Florida Statutes,
5104	relating to workers’ compensation carrier compliance and
5105	enforcement, that the department finds it is unable to enforce.
5106	(2) Any administrative rule relating to workers’
5107	compensation carrier compliance and enforcement that the
5108	department finds it is unable to enforce.
5109	(3) Any other impediment to enforcement of chapter 440,
5110	Florida Statutes, resulting from the transfer of activities from
5111	the former Department of Labor and Employment Security to the
5112	department or the reorganization of the former Department of
5113	Insurance into the department.
5114	Section 37. Subsection (2) of section 946.523, Florida
5115	Statutes, is amended to read:
5116	946.523 Prison industry enhancement (PIE) programs.--
5117	(2) Notwithstanding any other law to the contrary,
5118	including s. 440.15(8)(9), private sector employers shall
5119	provide workers' compensation coverage to inmates who
5120	participate in prison industry enhancement (PIE) programs under
5121	subsection (1). However, inmates are not entitled to
5122	unemployment compensation.
5123	Section 38. Paragraph (c) of subsection (5) of section
5124	985.315, Florida Statutes, is amended to read:
5125	985.315 Educational/technical and vocational work-related
5126	programs.--
5127	(5)
5128	(c) Notwithstanding any other law to the contrary,
5129	including s. 440.15(8)(9), private sector employers shall
5130	provide juveniles participating in juvenile work programs under
5131	paragraph (b) with workers' compensation coverage, and juveniles
5132	shall be entitled to the benefits of such coverage. Nothing in
5133	this subsection shall be construed to allow juveniles to
5134	participate in unemployment compensation benefits.
5135	Section 39. Section 440.1925, Florida Statutes, is
5136	repealed.
5137	Section 40. Except as otherwise provided herein, this act
5138	shall take effect October 1, 2003.