Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1286
                                Barcode 979976                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                

       The Committee on Banking and Insurance (Bogdanoff) recommended
       the following:
    1         Senate Amendment to Amendment (488286) (with title
    2  amendment)
    4         Between lines 58 and 59
    5  insert:
    6         Section 2. Subsection (1) of section 440.12, Florida
    7  Statutes, is amended to read:
    8         440.12 Time for commencement and limits on weekly rate of
    9  compensation.—
   10         (1) No Compensation is not shall be allowed for the first 7
   11  days of the disability, except for benefits provided under for
   12  in s. 440.13. However, if the injury results in disability of
   13  more than 21 days, compensation shall be allowed from the
   14  commencement of the disability.
   15         (a) All weekly compensation payments, except for the first
   16  payment, shall be paid by check or, if authorized by the
   17  employee, on a prepaid card pursuant to paragraph (b) or
   18  deposited directly into the employee’s account at a financial
   19  institution. As used in this subsection, the term “financial
   20  institution” means a financial institution as defined in s.
   21  655.005(1)(h).
   22         (b) A carrier may use prepaid cards to deliver compensation
   23  to employees if the employee is:
   24         1. Provided with at least one means of accessing his or her
   25  entire compensation payment once per week without incurring
   26  fees;
   27         2. Provided with the terms and conditions of the program,
   28  including a description of any fees that may be assessed; and
   29         3. Given the option of receiving compensation payments by
   30  direct deposit into his or her personal account at a financial
   31  institution.
   32         (c) Each carrier shall keep a record of all payments made
   33  under this subsection and the time and manner of such payments,
   34  and shall furnish these records, or a report based on these
   35  records, to the Bureau of Workers’ Compensation Fraud upon
   36  request.
   37         Section 3. Paragraph (a) of subsection (1) of section
   38  440.20, Florida Statutes, is amended to read:
   39         440.20 Time for payment of compensation and medical bills;
   40  penalties for late payment.—
   41         (1)(a) Unless it denies compensability or entitlement to
   42  benefits, the carrier shall pay compensation directly to the
   43  employee as required by ss. 440.14, 440.15, and 440.16, in
   44  accordance with the obligations set forth in those such
   45  sections. If authorized by the employee, The carrier’s
   46  obligation to pay compensation directly to the employee is
   47  satisfied when the carrier directly deposits, by electronic
   48  transfer or other means, compensation into the employee’s
   49  account at a financial institution or onto a prepaid card in
   50  accordance with s. 440.12(1). As used in this paragraph, the
   51  term “financial institution” means a financial institution as
   52  defined in s. 655.005(1)(h). Compensation by direct deposit or
   53  through the use of a prepaid card is considered paid on the date
   54  the funds become available for withdrawal by the employee.
   56  ================= T I T L E  A M E N D M E N T ================
   57         And the title is amended as follows:
   58         After line 91
   59  insert:
   60         amending s. 440.12, F.S.; authorizing a worker’s
   61         compensation insurance carrier to provide compensation
   62         payments through the use of prepaid cards under
   63         certain circumstances; requiring the carrier to
   64         maintain records of the payments made and the time and
   65         manner of the payments; amending s. 440.20, F.S.;
   66         providing that the obligation of a workers’
   67         compensation insurance carrier to pay compensation
   68         directly to an employee is satisfied by providing
   69         compensation through the use of a prepaid card;