HB 1539

1
A bill to be entitled
2An act relating to the Florida Birth-Related Neurological
3Injury Compensation Plan; amending s. 766.309, F.S.;
4requiring the administrative law judge to determine
5whether factual determinations regarding required notice
6to obstetrical patients of participation in the plan are
7satisfied; providing exclusive jurisdiction to make such
8determinations; providing legislative intent; amending s.
9766.315, F.S.; authorizing the State Board of
10Administration to invest and reinvest funds held on behalf
11of the plan pursuant to certain requirements; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Paragraph (d) is added to subsection (1) of
17section 766.309, Florida Statutes, to read:
18     766.309  Determination of claims; presumption; findings of
19administrative law judge binding on participants.--
20     (1)  The administrative law judge shall make the following
21determinations based upon all available evidence:
22     (d)  Whether, if raised by the claimant or other party, the
23factual determinations regarding the notice requirements in s.
24766.316 are satisfied. The administrative law judge has the
25exclusive jurisdiction to make these factual determinations.
26     Section 2.  It is the intent of the Legislature that the
27amendment to s. 766.309, Florida Statutes, contained in this
28act, clarifies that since July 1, 1998, the administrative law
29judge has had the exclusive jurisdiction to make factual
30determinations as to whether the notice requirements in s.
31766.316, Florida Statutes, are satisfied.
32     Section 3.  Paragraph (e) of subsection (5) of section
33766.315, Florida Statutes, is amended to read:
34     766.315  Florida Birth-Related Neurological Injury
35Compensation Association; board of directors.--
36     (5)
37     (e)  Funds held on behalf of the plan are funds of the
38State of Florida. The association may only invest plan funds in
39the investments and securities described in s. 215.47, and shall
40be subject to the limitations on investments contained in that
41section. All income derived from such investments will be
42credited to the plan. The State Board of Administration may
43invest and reinvest funds held on behalf of the plan in
44accordance with the trust agreement approved by the association
45and the State Board of Administration and within the provisions
46of ss. 215.44-215.53.
47     Section 4.  This act shall take effect upon becoming a law.


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