| 1 | A bill to be entitled |
| 2 | An act relating to the Florida Birth-Related Neurological |
| 3 | Injury Compensation Plan; amending s. 766.309, F.S.; |
| 4 | requiring the administrative law judge to determine |
| 5 | whether factual determinations regarding required notice |
| 6 | to obstetrical patients of participation in the plan are |
| 7 | satisfied; providing exclusive jurisdiction to make such |
| 8 | determinations; providing legislative intent; amending s. |
| 9 | 766.315, F.S.; authorizing the State Board of |
| 10 | Administration to invest and reinvest funds held on behalf |
| 11 | of the plan pursuant to certain requirements; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (d) is added to subsection (1) of |
| 17 | section 766.309, Florida Statutes, to read: |
| 18 | 766.309 Determination of claims; presumption; findings of |
| 19 | administrative law judge binding on participants.-- |
| 20 | (1) The administrative law judge shall make the following |
| 21 | determinations based upon all available evidence: |
| 22 | (d) Whether, if raised by the claimant or other party, the |
| 23 | factual determinations regarding the notice requirements in s. |
| 24 | 766.316 are satisfied. The administrative law judge has the |
| 25 | exclusive jurisdiction to make these factual determinations. |
| 26 | Section 2. It is the intent of the Legislature that the |
| 27 | amendment to s. 766.309, Florida Statutes, contained in this |
| 28 | act, clarifies that since July 1, 1998, the administrative law |
| 29 | judge has had the exclusive jurisdiction to make factual |
| 30 | determinations as to whether the notice requirements in s. |
| 31 | 766.316, Florida Statutes, are satisfied. |
| 32 | Section 3. Paragraph (e) of subsection (5) of section |
| 33 | 766.315, Florida Statutes, is amended to read: |
| 34 | 766.315 Florida Birth-Related Neurological Injury |
| 35 | Compensation Association; board of directors.-- |
| 36 | (5) |
| 37 | (e) Funds held on behalf of the plan are funds of the |
| 38 | State of Florida. The association may only invest plan funds in |
| 39 | the investments and securities described in s. 215.47, and shall |
| 40 | be subject to the limitations on investments contained in that |
| 41 | section. All income derived from such investments will be |
| 42 | credited to the plan. The State Board of Administration may |
| 43 | invest and reinvest funds held on behalf of the plan in |
| 44 | accordance with the trust agreement approved by the association |
| 45 | and the State Board of Administration and within the provisions |
| 46 | of ss. 215.44-215.53. |
| 47 | Section 4. This act shall take effect upon becoming a law. |