Journal of the Florida House of Representatives

Journal

of the

Florida

House of Representatives

Special

Session

January 22, 1991

of the
Seventy-fifth House
since Statehood in 1845

[Including a record of transmittal of Acts subsequent to sine die adjournment]

"B"

SThe JournalOF THE

House of Representatives

SECOND SPECIAL SESSION-"B" of 1990-1992

Number 1

Tuesday, January 22, 1991

Journal of the House of Representatives for a Special Session of the Seventy-fifth House since Statehood in 1845, convened
by Proclamation of the President of the Senate and the Speaker of the House of Representatives and held at the Capitol
in the City of Tallahassee in the State of Florida, on Tuesday, January 22, 1991.

The House was called to order by the Honorable T. K. Wetherell,
Speaker, at 2:00 p.m.
The following proclamation was read:

THE FLORIDA LEGISLATURE
JOINT PROCLAMATION
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE AND
THE FLORIDA HOUSE OF REPRESENTATIVES:
We, Gwen Margolis, President of The Florida Senate, and T. K.
Wetherell, Speaker of the Florida House of Representatives, by virtue of
the authority vested in us by Article III, Section 3(c), Florida Constitution,
and Section 11.011, Florida Statutes, do hereby proclaim:
1. That the Legislature of the State of Florida is convened in Special
Session pursuant to Article III, Section 3(c), Florida Constitution and
Section 11.011, Florida Statutes, at the Capitol in Tallahassee, Florida
at 2:00 p.m., on Tuesday, the 22nd day of January, 1991, for a period
of six hours, ending at 8:00 p.m.
2. That the Legislature is convened for the sole and exclusive purpose
of consideration of legislation:
Reenacting the provisions of Chapter 90-201, Laws of Florida, and
providing for severability of the provisions of such law.
Amending the provisions of Section 440.02, Florida Statutes, as
amended by Chapter 90-201, Laws of Florida, relating to the ability
of certain sole proprietors, partners or corporate officers to elect
coverage as employees for the purpose of workers' compensation
insurance.
Amending provisions relating to the creation of the Industrial
Relations Commission and the appointment of members thereto and
the disciplining of persons appointed thereto.
Amending provisions relating to the creation, duties and funding of
the Workers' Compensation Oversight Board and legal counsel.

GWEN MARGOLIS
President
The Florida Senate
December 13, 1990

T. K. WETHERELL
Speaker
The Florida House of Representatives
December 11, 1990

WE

Duly filed with and received by the
Florida Department of State this
13th day of December, 1990
JIM SMITH
Secretary of State

The following amended proclamation was read:

THE FLORIDA LEGISLATURE
AMENDED JOINT PROCLAMATION
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE AND
THE FLORIDA HOUSE OF REPRESENTATIVES:
We, Gwen Margolis, President of The Florida Senate, and T. K.
Wetherell, Speaker of the Florida House of Representatives, by virtue of
the authority vested in us by Article III, Section 3(c), Florida Constitution,
and Section 11.011, Florida Statutes, do hereby proclaim:
1. That paragraph 2 of our Joint Proclamation filed December 13, 1990,
is hereby amended to read:
That the Legislature is convened for the sole and exclusive
purpose of consideration of legislation:
Reenacting the provisions of Chapter 90-201, Laws of Florida, and
providing for severability of the provisions of such law.
Amending the provisions of Section 440.02, Florida Statutes, as
amended by Chapter 90-201, Laws of Florida, relating to the
ability of certain sole proprietors, partners or corporate officers
to elect coverage as employees for the purpose of workers'
compensation insurance.
Amending provisions relating to the creation of the Industrial
Relations Commission and the appointment of members thereto
and the disciplining of persons appointed thereto.
Amending provisions relating to the creation, duties and funding
of the Workers' Compensation Oversight Board and legal counsel.
Amending Chapter 602, Florida Statutes, to provide for the
severability of claims relating to costs and attorneys fees from
claims for compensation for losses resulting from the Citrus
Canker Eradication Program.
1

A digest of today's Chamber action appears on last page

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Increasing funding for the Citrus Canker Compensation Trust
Fund.
2. Except as amended by this Proclamation, the Joint Proclamation filed
December 13, 1990, is ratified and confirmed.

GWEN MARGOLIS
President
The Florida Senate
January 16, 1991

GWEN MARGOLIS
President
The Florida Senate
January 22, 1991

T. K. WETHERELL
Speaker
The Florida House of Representatives
January 14, 1991

T. K. WETHERELL
Speaker
The Florida House of Representatives
January 22, 1991

Duly filed with and received by the
Florida Department of State this
22d day of January, 1991
JIM SMITH
Secretary of State

Duly filed with and received by the
Florida Department of State this
16th day of January, 1991
JIM SMITH
Secretary of State

The following amended proclamation was read:

THE FLORIDA LEGISLATURE
AMENDED JOINT PROCLAMATION
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE AND
THE FLORIDA HOUSE OF REPRESENTATIVES:

We, Gwen Margolis, President of The Florida Senate, and T. K.
Wetherell, Speaker of the Florida House of Representatives, by virtue of
the authority vested in us by Article III, Section 3(c), Florida Constitution,
and Section 11.011, Florida Statutes, do hereby proclaim:
1. That paragraph 1 of our amended Joint Proclamation filed January
16, 1991, is hereby amended to read:
That the Legislature is convened for the sole and exclusive
purpose of consideration of legislation:

Reenacting the provisions of Chapter 90-201, Laws of Florida, and
providing for severability of the provisions of such law.
Amending the provisions of Section 440.02, Florida Statutes, as
amended by Chapter 90-201, Laws of Florida, relating to the
ability of certain sole proprietors, partners or corporate officers
to elect coverage as employees for the purpose of workers'
compensation insurance.
Amending provisions relating to the creation of the Industrial
Relations Commission and the appointment of members thereto
and the disciplining of persons appointed thereto.
Amending provisions relating to the creation, duties and funding
of the Workers' Compensation Oversight Board and legal counsel.
Amending Chapter 602, Florida Statutes, to provide for the
severability of claims relating to costs and attorneys fees from
claims for compensation for losses resulting from the Citrus
Canker Eradication Program.
Increasing funding for the Citrus Canker Compensation Trust
Fund.

Matters related to management of the legislative lobby
registration program.
Matters relating to salary and benefits of public employees called
to active military service.
2. Except as amended by this Proclamation, the Joint Proclamation filed
December 13, 1990, is ratified and confirmed.

Prayer
The Speaker announced that the Reverend Hal Marchman of the
Central Baptist Church in Daytona Beach would serve as Minister of the
Day.
The following prayer was offered by Mrs. Janet Martin, whose husband,
Sgt. Thomas A. Martin of the 400th Military Police, Prisoner of War Camp,
is a part of Operation Desert Storm and an employee of the House of
Representatives Print Shop:
Our Heavenly Father, I come to You thanking You for the privilege of
living in a free country during this time of war. At this particular time, I
would like to ask that You be with the men and women who have been
called up to train for and fight in the Gulf War crisis. Father, I also pray
for their families here at home. I pray that You would send Your Spirit to
comfort each and every person affected by this crisis.
Also, Lord, I want to remember the American prisoners of war. Please
watch over and protect them and return them to us and to their families
as quickly and safely as possible. I also pray, Lord, for a quick and peaceful
resolution to this war. I pray that You would deal with Mr. Hussein and
that he would turn his heart toward You and toward peace.
At this time, Father, during this special session, I ask that You would be
with each one of the Legislators here today. I pray that You would lead
them to vote with clear consciences and their hearts.
Again, Father, I pray that You would be with everyone involved in the
Gulf War crisis and pray that it is all over soon.
I ask these things in Your holy Name. Amen.
The following Members were recorded present:

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark
Clemons
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch

Diaz-Balart
Feeney
Figg
Flagg
Foley
Frankel
Friedman
Garcia
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey

Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Mackenzie
Mackey
Martinez

McEwan
Mims
Mishkin
Morse
Mortham
Muscarella
Ostrau
Peeples
Press
Pruitt
Rayson
Reaves
Reddick
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Sembler
Silver
Simon

2

January 22, 1991

WE

cf"

zs

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Simone
Sindler
Smith, C.
Smith, K.
Stafford

Starks
Stone
Thomas
Tobiassen
Tobin

Trammell
Valdes
Viscusi
Wallace
Webster

Wise
Young

Excused: Representative Langton, due to involvement with the National
Conference of State Legislators Study Tour of Japan; Representative
Long, due to family illness; Representative Mitchell, due to illness.
A quorum was present.

Pledge
The Members pledged allegiance to the Flag, led by Kimberly Crawford,
a student at FAMU Elementary School, and Adrienne Aikens, a student
at Nims Middle School, whose fathers are serving in Operation Desert
Storm.

House Physicians
The Speaker announced that Representatives Dennis L. Jones, Graber
and Thomas were serving as Doctors of the Day.

Moment of Silence
At the Speaker's request, the House observed a moment of silence in
remembrance of the American soldiers serving in Operation Desert Storm.

The Journal
The Journal of November 20, 1990, Special Session "A," was corrected
and, as corrected, was approved.

Oath of Office by Representative Geller
Representative Geller was administered the oath of office by John B.
Phelps, Clerk of the House, on November 30, 1990.

Resignation of Representative Carl Carpenter, Jr.
The Speaker advised that he had received the resignation of
Representative Carl Carpenter, Jr., of the 61st District, effective January
31, 1991. Rep. Carpenter has accepted a position within the Department
of Agriculture.

Majority Leader
The Speaker advised that on Tuesday, December 4, 1990, he had
temporarily appointed Representative Everett Kelly to the position of
Majority Leader.

Introduction and Reference

By Representatives Bainter, Laurent, Mims, Graham, Arnold, Hawkins,
C. F. Jones, Thomas-
HB 3-B-A bill to be entitled An act relating to public education capital
outlay appropriations; eliminating the requirement that moneys
appropriated under Item 2170 of ch. 90-209, Laws of Florida, from the
Public Education Capital Outlay and Debt Service Trust Fund for
specified vocational-technical facilities must be matched in specified
percentages by the respective school districts and noneducational entities;
providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Glickman-
HB 19-B-A bill to be entitled An act relating to criminal offenses;
amending s. 316.193, F.S.; providing that driving with a specified breath
alcohol level constitutes driving under the influence; providing minimum
fines; requiring certain notice to the defendant; amending s. 316.1932, F.S.;
specifying the basis for determining the percent of alcohol in blood or
breath; expanding implied consent for blood tests; specifying persons who
may withdraw blood for blood test purposes; providing for release of breath
test information; amending s. 316.1933, F.S.; specifying persons who may

withdraw blood; amending s. 316.1934, F.S.; defining "normal faculties";
providing admissibility of breath tests; specifying presumptions relating to
impairment; providing that the length of time elapsing between the arrest
and the test shall not be considered in determining admissibility of the test;
providing for admissibility of an affidavit containing the results of a blood
or breath test in specified circumstances; creating s. 316.1939, F.S.;
providing for seizure and forfeiture of vehicles involved in certain cases of
driving under the influence; providing exceptions; amending s. 327.35, F.S.;
providing that operating a vessel with a specified breath alcohol level
constitutes operating a vessel under the influence; requiring certain notice
to the defendant; providing for seizure and forfeiture of vessels involved
in certain cases of operating a vessel under the influence; amending s.
327.352, F.S., relating to tests for impairment or intoxication with respect
to operating a vessel under the influence, to conform; amending s. 327.354,
F.S.; providing admissibility of breath tests; specifying presumptions
relating to impairment; specifying the basis for determining the percent of
alcohol in blood or breath; amending ss. 316.656, 322.291, and 327.36, F.S.,
to conform; reenacting ss. 322.03(2), 322.264, 322.271(2)(a), 322.28(2)(a)
and (e) and (5)(a), 322.282(2)(a), 327.351(1) and (2), 327.3521(1) and (2),
and 327.353, F.S., relating to accident reports, driver's licenses, and
operation of a vessel while intoxicated, to incorporate the amendments to
ss. 316.193, 316.1932, 316.1933, 316.1934, and 327.35, F.S., in references
thereto; amending s. 90.803, F.S.; providing for admissibility of an affidavit
containing the results of a blood or breath test notwithstanding the hearsay
rule; amending s. 316.062, F.S.; providing that the duty of a person to give
information regarding an accident to a law enforcement officer does not
extend to information that would incriminate the person; amending ss.
316.066 and 324.051, F.S.; providing circumstances under which a law
enforcement officer may testify as to statements made to him relating to
accidents; providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Albright-
HB 1-B-A bill to be entitled An act relating to workers' compensation;
amending s. 440.02, F.S.; defining "employee"; specifying persons who may
elect to be exempt from coverage; limiting recovery in certain actions by
such exempt persons; providing an effective date.
-was read the first time by title and referred to the Committee on
Commerce.

By the Committee on Commerce and Representative Simon-
HB 7-B-A bill to be entitled An act relating to workers' compensation;
reenacting s. 20.13(4), F.S., relating to the Division of Insurance Fraud of
the Department of Insurance; reenacting s. 20.171(2), (3), and (5), F.S.,
relating to the Department of Labor and Employment Security and the
Industrial Relations Commission; reenacting s. 4, ch. 90-201, Laws of
Florida, relating to a petition to the Supreme Court for adoption of rules;
reenacting s. 442.20, F.S., relating to workplace safety; reenacting s. 7, ch.
90-201, Laws of Florida, relating to an appropriation; reenacting s. 440.015,
F.S., relating to construction of the Workers' Compensation Law;
reenacting s. 440.02, F.S., relating to definitions; reenacting s. 440.055, F.S.,
relating to employer affidavits; reenacting s. 440.09, F.S., relating to
coverage; reenacting s. 440.092, F.S., relating to recreational and social
activities, going to or coming from work, deviation from employment,
traveling employees, and subsequent intervening accidents; reenacting s.
440.10, F.S., relating to liability for compensation; reenacting s. 440.101,
F.S., relating to legislative intent with respect to drug-free workplaces;
reenacting s. 440.102, F.S., relating to drug-free workplace programs;
reenacting s. 440.11(1), F.S., relating to exclusiveness of liability;
reenacting s. 440.12(1), F.S., relating to commencement of compensation;
reenacting s. 440.13, F.S., relating to medical services and supplies;
reenacting s. 440.135, F.S., relating to pilot programs for medical and
remedial care; reenacting s. 440.15, F.S., relating to compensation for
disability; reenacting s. 440.16(1)(b), F.S., relating to compensation for
death; reenacting s. 440.185(4), F.S., relating to informational brochures;
reenacting s. 440.19(1), F.S., relating to time and procedure for filing

claims; reenacting s. 440.20(9) and (12), F.S., relating to payment of
compensation; reenacting s. 440.25(3) and (4), F.S., relating to procedures
for hearings and appeals; reenacting s. 26, ch. 90-201, Laws of Florida,

January 22, 1991

3

JOURNAL OF THE HOUSE OF REPRESENTATIVES

relating to the repeal of s. 440.26, F.S., relating to presumptions; reenacting
s. 440.271, F.S., relating to appellate review of orders of judges of
compensation claims; reenacting s. 440.272, F.S., relating to appellate
review of orders of the Industrial Relations Commission; reenacting s.
440.34(2), (3), (5), and (7), F.S., relating to attorney's fees and costs;
reenacting s. 440.37(4), F.S., relating to penalties for misrepresentation and
fraud; reenacting s. 440.38(1), (3), and (5), F.S., relating to security for
compensation; reenacting s. 440.381, F.S., relating to applications for
coverage and payroll reporting and auditing; reenacting s. 440.385, F.S.,
relating to the Florida Self-Insurers Guaranty Association; reenacting s.
440.386, F.S., relating to insolvency; reenacting s. 440.39(3)(a), F.S.,
relating to third-party liability; reenacting s. 440.43, F.S., relating to
penalties for failure to secure payment of compensation; reenacting s. 37,
ch. 90-201; Laws of Florida, relating to the repeal of s. 440.44(8) and (10),
F.S., relating to an advisory council and the Workers' Compensation
Oversight Board; reenacting s. 440.4415, F.S., relating to the Workers'
Compensation Oversight Board; reenacting s. 440.45(1) and (2), F.S.,
relating to judges of compensation claims; reenacting s. 440.49, F.S.,
relating to rehabilitation of injured employees and the Special Disability
Trust Fund; reenacting s. 440.52, F.S., relating to registration of insurance
carriers; reenacting s. 440.56(6), F.S., relating to penalties for violation of
safety rules; reenacting s. 440.572, F.S., relating to authorization of
individual self-insurers to provide coverage; reenacting s. 440.575(1)(c),
F.S., relating to local government pools; reenacting s. 440.59, F.S., relating
to risk management reports; reenacting s. 440.591, F.S., relating to
rulemaking authority; reenacting ss. 489.114 and 489.510, F.S., relating to
evidence of coverage of contractors; reenacting s. 626.611(15), F.S., relating
to fraudulent and dishonest practices; reenacting s. 626.869(5), F.S.,
relating to workers' compensation insurance adjuster course requirements;
reenacting s. 627.0915, F.S., relating to rate filings; reenacting s. 627.1615,
F.S., relating to discrimination against certain applicants for coverage;
reenacting s. 627.162, F.S., relating to installment payment of premiums;
reenacting ss. 54-58, ch. 90-201, Laws of Florida, relating to the Joint Select
Committee on Workers' Compensation, alternative methods of compliance
with the act, rate reductions, and future review and repeal; reenacting ss.
115-120, ch. 90-201, Laws of Florida, relating to appropriations and
severability; providing a retroactive effective date.

HB 5-B was read the first time by title. On motions by Rep. Harris, the
rules were waived by two-thirds vote and HB 5-B was taken up instanter,
read the second time by title and the third time by title. On passage, the

vote was:
Yeas-116
The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark
Clemons
Corr
Cosgrove
Crady
De Grandy
Deutsch
Diaz-Balart
Feeney
Figg
Flagg
Foley

Frankel
Friedman
Garcia
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings

Johnson
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Mackenzie
Mackey
Martinez
McEwan
Mims
Mishkin
Morse
Mortham
Muscarella
Ostrau
Peeples
Press
Pruitt
Rayson
Reaves
Reddick

Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Sembler
Silver
Simon
Simone
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Viscusi
Wallace
Webster
Wise
Young

Nays-None
So the bill passed and was immediately certified to the Senate.

-was read the first time by title and placed on the Calendar without By the Committee on Commerce and Representative Simon-
reference

By the Committee on Commerce and Representatives Simon, Johnson,
Chestnut, Lawson, Martinez, Carpenter, Clemons, Saunders, Mackey,
Trammell, Boyd, Crady, Rudd, Tobiassen, K. Smith, Flagg, Ritchie-
HB 11-B-A bill to be entitled An act relating to workers'
compensation; reenacting and amending s. 440.02, F.S.; defining
"employee"; reenacting and amending s. 20.171, F.S.; providing for
nomination of members of the Industrial Relations Commission; removing
a provision subjecting such members to the jurisdiction of the Judicial
Qualifications Commission; specifying proceedings over which the First
District Court of Appeal retains jurisdiction; reenacting and amending s.
118, ch. 90-201, Laws of Florida; clarifying the scope of an appropriation;
providing an effective date.
-was read the first time by title and placed on the Calendar without
reference.

By Representative Harris-
HB 5-B-A bill to be entitled An act relating to citrus canker; amending
s. 602.055, F.S.; providing an additional requirement for the payment of a
claim by the Office of Citrus Canker Claims; amending s. 601.282, F.S.;
revising the percentage proceeds from citrus excise taxes transferred to the
Citrus Canker Eradication Trust Fund and the Citrus Canker
Compensation Trust Fund; amending chapter 90-326, Laws of Florida,
revising an appropriation from the Citrus Canker Compensation Trust
Fund in the Department of Banking and Finance; providing an effective
date.
Referred to the Committee on Appropriations.
The Committee on Appropriations recommends HB 5-B (fiscal note
attached) pass.

HB 9-B-A bill to be entitled An act relating to international affairs;
reenacting s. 288.801, F.S., relating to legislative findings and intent;
reenacting s. 288.802, F.S., relating to the principal international affairs
officer of the state; reenacting s. 288.803, F.S., relating to creation of the
Florida International Affairs Commission; reenacting s. 288.804, F.S.,
relating to duties of the commission; reenacting s. 288.805, F.S., relating to
the strategic plan for international economic development; reenacting s.
288.806, F.S., relating to international business promotion grants;
reenacting s. 288.807, F.S., relating to biennial reports; reenacting s.
288.808, F.S., relating to the Florida International Affairs Commission
Trust Fund; reenacting s. 288.809, F.S., relating to the Florida
International Affairs Foundation; reenacting s. 288.810, F.S., relating to
the executive director of the commission; reenacting s. 288.811, F.S.,
relating to the Florida International Trade and Investment Council;
reenacting s. 288.812, F.S., relating to the Florida International Tourism
Advisory Council; reenacting s. 288.813, F.S., relating to the Agricultural
Advisory Council of the Department of Agriculture and Consumer
Services; reenacting s. 288.814, F.S., relating to the Florida International
Council; reenacting s. 288.815, F.S., relating to international research;
reenacting s. 288.816, F.S., relating to intergovernmental relations;
reenacting s. 229.6054, F.S., relating to international education; reenacting
s. 288.817, F.S., relating to international education liaison; reenacting s.
76(2) and (3), ch. 90-201, Laws of Florida, relating to feasibility studies
conducted by the Board of Regents; reenacting s. 229.6053(1) and (3)(a)
and (b), F.S., relating to the Florida Commission on International
Education; reenacting s. 240.137, F.S., relating to linkage institutes
between postsecondary institutions of Florida and foreign countries;
reenacting s. 288.818, F.S., relating to the International Language Institute
Advisory Council; reenacting s. 228.086(1) and (4)(e) and (g), F.S., relating
to regional centers of excellence; reenacting s. 229.59(1), F.S., relating to
educational improvement projects; reenacting s. 229.6056, F.S., relating to
education outreach activities; reenacting s. 240.145(1), F.S., relating to the

January 22, 1991

4

Postsecondary Education Planning Commission; reenacting s. 240.147(2),
F.S., relating to duties of the commission; reenacting s. 187.201(1)(b), F.S.,
relating to educational policies of the State Comprehensive Plan;
reenacting s. 229.6051, F.S., relating to cooperation of educational agencies
with the Florida International Affairs Commission; reenacting s. 15.18,
F.S., relating to international and cultural relations; reenacting s. 88, ch.
90-201, Laws of Florida, relating to duties of the Department of State;
reenacting s. 89, ch. 90-201, Laws of Florida, relating to future repeal of ss.
15.185 and 15.20, F.S.; reenacting s. 288.819, F.S., relating to the Florida
International Banking Advisory Council; reenacting s. 20.17(2)(c) and (4),
F.S., relating to the Department of Commerce; reenacting and amending
s. 92, ch. 90-201, Laws of Florida, relating to appointments to the Economic
Development Advisory Council; correcting a cross reference; reenacting s.
288.025, F.S., relating to the Division of International Trade and
Development of the Department of Commerce; reenacting s. 288.03, F.S.,
relating to the Division of Economic Development of the Department of
Commerce; reenacting s. 288.115, F.S., relating to expenses of the
Department of Commerce; reenacting s. 288.118(1), F.S., relating to the
export finance officer of the Division of International Trade and
Development; reenacting s. 601.15(10)(h), F.S., relating to citrus
marketing; reenacting and amending ss. 98-100, ch. 90-201, Laws of
Florida, relating to future repeals; correcting cross references; reenacting
and amending s. 288.820, F.S., relating to implementation of specified
provisions; clarifying a cross reference; reenacting s. 288.8041, F.S., relating
to duties of the Florida International Affairs Commission; reenacting s.
288.8032, F.S., relating to organization of the commission; reenacting s.
288.760, F.S., relating to export finance; reenacting s. 288.821, F.S., relating
to the Florida International Tourism Promotion Council; reenacting and
amending s. 288.822, F.S., relating to operation of foreign offices; correcting
a cross reference; reenacting s. 288.823, F.S., relating to the Florida Council
of International Economic Advisors; reenacting s. 108, ch. 90-201, Laws of
Florida, relating to amendment of s. 288.117, F.S., relating to international
currency and barter exchanges; reenacting s. 109, ch. 90-201, Laws of
Florida, relating to amendment of s. 288.121, F.S., relating to the Division
of Tourism of the Department of Commerce; reenacting s. 288.824, F.S.,
relating to powers of the Governor; reenacting s. 288.825, F.S., relating to
reports to the Florida International Affairs Commission; reenacting and
amending s. 112, ch. 90-201, Laws of Florida, relating to future repeals;
correcting cross references; reenacting s. 288.123(1) and (2), F.S., relating
to the Tourism Advisory Council; reenacting s. 288.826, F.S., relating to the
Florida International Trade and Promotion Trust Fund; providing for
review and repeal of ss. 288.821 and 288.823, F.S.; reenacting s. 120, ch. 90-
201, Laws of Florida, relating to severability; providing a retroactive
effective date.
Referred to the Committee on Appropriations.
The Committee on Appropriations recommends HB 9-B (fiscal note
attached) pass.
HB 9-B was read the first time by title. On motions by Rep. Simon, the
rules were waived by two-thirds vote and HB 9-B was taken up instanter,
read the second time by title and the third time by title. On passage, the
vote was:
Yeas-110

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy

Clark
Clemons
Corr
Cosgrove
Crady
De Grandy
Deutsch
Diaz-Balart
Feeney
Figg
Flagg
Foley
Frankel
Garcia
Geller
Glickman
Goode

Gordon
Graber
Graham
Grindle
Gutman
Hafner
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Huenink
Ireland

Irvine
Jamerson

Jennings
Johnson
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Laurent
Lawson
Lewis
Liberti
Lippman
Lombard
Mackenzie
Mackey

Martinez
McEwan
Mims
Mishkin
Morse
Mortham
Muscarella
Ostrau
Peeples
Press
Pruitt
Nays-3
Friedman

Rayson
Reaves
Reddick
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom

Hanson

Saunders
Sembler
Silver
Simon
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas

Simone

Tobiassen
Tobin
Trammell
Valdes
Viscusi
Wallace
Webster
Wise
Young

Votes after roll call:
Yeas-Guber, Logan
Yeas to Nays-Lombard
So the bill passed and was immediately certified to the Senate.
On motion by Rep. Lippman, the rules were waived and-

By Representatives Lippman, Arnall, Hargrett, Johnson, Chinoy,
Ostrau-
HB 15-B-A bill to be entitled An act relating to military service;
amending s. 115.09, F.S.; revising provisions with respect to leave to public
officials for military service; amending s. 115.14, F.S.; authorizing
employing authorities of employees of the state, counties, or
municipalities, who are reservists called to active duty to supplement
military pay under certain circumstances; providing for additional
benefits; amending s. 121.111, F.S.; revising provisions with respect to
credit for military service under the Florida Retirement System; providing
for retroactive application; providing an effective date.
-was taken up instanter and read the first time by title. On further
motion by Rep. Lippman, the rules were waived by two-thirds vote and the
bill was read the second time by title.
Representative Wise offered the following amendment:
Amendment 1-On page 1, line 26, between the words "school" and
"officers" insert: and community college
Rep. Wise moved the adoption of the amendment, which was adopted.
Representative Deutsch offered the following amendment:
Amendment 2-On page 3, between lines 16 and 17, insert: Section
4. Any person serving in the armed forces of the United States who is
exempt from federal income tax as set forth by presidential resolution
who is a resident of the State of Florida is exempt from the annual tax
levied pursuant to s. 199.032, Florida Statutes, on intangible personal
property. (renumber subsequent section)
Rep. Deutsch moved the adoption of the amendment. During
consideration thereof, without objection, the amendment was withdrawn.
On motion by Rep. Lippman, the rules were waived by two-thirds vote
and HB 15-B, as amended, was read the third time by title.
On motion by Rep. Arnall, the board was opened and the following
Members were recorded as prime sponsors of the bill, along with
Representatives Lippman, Arnall, Hargrett, Johnson, Chinoy, Ostrau:
Representatives Abrams, Albright, Arnold, Ascherl, Bainter, Banjanin,
Bloom, Boyd, Brennan, Bronson, Brown, Burke, Carpenter, Chestnut,
Clark, Clemons, Corr, Cosgrove, Crady, Davis, De Grandy, Deutsch, Diaz-
Balart, Feeney, Figg, Flagg, Foley, Frankel, Friedman, Garcia, Geller,
Glickman, Goode, Gordon, Graber, Graham, Grindle, Guber, Gutman,
Hafner, Hanson, Harden, Harris, Hawkes, Hawkins, Healey, Hill,
Hoffmann, Holland, Holzendorf, Huenink, Ireland, Irvine, Jamerson,
Jennings, C. F. Jones, Daryl Jones, Dennis Jones, Kelly, King, Laurent,
Lawson, Lewis, Liberti, Logan, Lombard, Mackenzie, Mackey, Martinez,
McEwan, Mims, Mishkin, Morse, Mortham, Muscarella, Peeples, Press,
Pruitt, Rayson, Reaves, Reddick, Ritchie, Roberts, Rojas, Rudd, Rush,
Safley, Sanderson, Sansom, Saunders, Sembler, Silver, Simon, Simone,
Sindler, C. Smith, K. Smith, Stafford, Starks, Stone, Thomas, Tobiassen,
Tobin, Trammell, Valdes, Viscusi, Wallace, Webster, Wetherell, Wise and
Young.

5

January 22, 1991

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

January 22, 1991

The question recurred on the passage of HB 15-B. The vote was:
Yeas-116

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark
Clemons
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch
Diaz-Balart
Feeney
Figg
Flagg

Foley
Frankel
Friedman
Garcia
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson

Nays-None
Votes after roll call:
Yeas-Trammell
So the bill passed, as amended,
Senate after engrossment.

Jennings
Johnson
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Mackenzie
Mackey
Martinez
McEwan
Mims
Mishkin
Morse
Mortham
Muscarella
Ostrau
Peeples
Press
Pruitt
Rayson
Reaves

Reddick
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Sembler
Silver
Simon
Simone
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas
Tobiassen
Tobin
Valdes
Viscusi
Wallace
Webster
Wise
Young

and was immediately certified to the

Consideration of House Resolutions

By Representative Albright-
HR 13-B-A resolution in support of the Allied Forces in the Persian
Gulf crisis.
WHEREAS, Iraqi President Saddam Hussein's malicious and brutal
invasion of Kuwait was an affront to the civilized world, and
WHEREAS, the United States and most of the countries of the world
have worked diligently to find a peaceful, diplomatic solution to the
conflict in the region, and
WHEREAS, both the United Nations Security Council and the United
States Congress authorized the use of force upon exhaustion of diplomatic
solutions for peace, and
WHEREAS, these peaceful, diplomatic solutions having been
exhausted, we, the members of the Florida House of Representatives,
therefore support the use of force in the Middle East to drive Saddam
Hussein and his armed forces from Kuwait, and
WHEREAS, it is both fitting and proper that the members of the Florida
House of Representatives, in special session assembled, pause in their
deliberations to express their support at this time of crisis, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That we, the members of the Florida House of Representatives, do
hereby offer our support to all branches of the United States Armed
Services and Allied Forces in this important endeavor and our prayers to
those brave servicemen and women in combat and their families.
-was taken up and read the first time by title. On motion by Rep.
Albright, the resolution was read the second time by title.

On motion by Rep. Kelly, the board was opened and the following
Members were recorded as prime sponsors of the resolution, along with
Representative Albright: Representatives Abrams, Arnall, Arnold, Ascherl,
Bainter, Banjanin, Bloom, Boyd, Brennan, Bronson, Brown, Burke,
Carpenter, Chestnut, Chinoy, Clark, Clemons, Corr, Cosgrove, Crady,
Davis, De Grandy, Deutsch, Diaz-Balart, Feeney, Figg, Flagg, Foley,
Frankel, Friedman, Garcia, Geller, Glickman, Goode, Gordon, Graber,
Graham, Grindle, Guber, Gutman, Hafner, Hanson, Harden, Hargrett,
Harris, Hawkes, Hawkins, Healey, Hill, Hoffmann, Holland, Holzendorf,
Huenink, Ireland, Irvine, Jamerson, Jennings, Johnson, C. F. Jones, Daryl
Jones, Dennis Jones, Kelly, King, Laurent, Lawson, Lewis, Liberti,
Lippman, Logan, Lombard, Mackenzie, Mackey, Martinez, McEwan,
Mims, Mishkin, Morse, Mortham, Muscarella, Ostrau, Press, Pruitt,
Rayson, Reaves, Reddick, Ritchie, Roberts, Rojas, Rudd, Rush, Safley,
Sanderson, Sansom, Saunders, Sembler, Silver, Simon, Simone, Sindler, C.
Smith, K. Smith, Stafford, Starks, Stone, Thomas, Tobiassen, Tobin,
Trammell, Valdes, Viscusi, Wallace, Webster, Wetherell, Wise and Young.
The question recurred on the adoption of the resolution, which was
adopted. The vote was:
Yeas-1l1

The Chair
Abrams
Albright
Arnall
Ascherl
Bainter
Banjanin
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch
Diaz-Balart
Feeney
Figg
Flagg
Foley
Nays-None

Frankel
Friedman
Garcia
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings

Johnson
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Mackenzie
Mackey
Martinez
McEwan
Mims
Mishkin
Morse
Mortham
Muscarella
Ostrau
Press
Pruitt
Rayson
Reaves
Reddick

Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Sembler
Silver
Simon
Simone
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas
Tobiassen
Tobin
Valdes
Viscusi
Wallace
Webster
Wise
Young

Votes after roll call:
Yeas-Arnold, Sindler, Clemons, Trammell

By Representatives Bronson, Bloom-
HR 17-B-A resolution expressing support for the troops from Florida
in the Middle East.
WHEREAS, on August 2, 1990, Iraqi Military forces under the
leadership of President Saddam Hussein, invaded and occupied the
neighboring emirate of Kuwait, and
WHEREAS, in response to this aggression, the United Nations by the
vote of 28 of its member nations, set January 15, 1991, as the deadline for
the withdrawal of Iraqi forces from Kuwait, and
WHEREAS, the failure of Iraq to withdraw from Kuwait has forced the
outbreak of war in the Persian Gulf region, resulting in the deployment of
more than 1/2 million soldiers, sailors, airmen, and marines, to carry out
Operation Desert Storm and the liberation of Kuwait, and
WHEREAS, the following military units based in Florida have been
called into action in the Persian Gulf and are currently thousands of miles

6

JOURNAL OF THE HOUSE OF REPRESENTATIVES

from home in the midst of armed conflict: the 33rd Tactical Fighter Wing,
the 3200th Combat Support Wing, the 56th Tactical Air Command
Hospital Group, elements of Special Operations Forces, the 325th Tactical
Air Command Hospital Group, personnel on board the USS Saratoga, the
USS Vreeland, the USS Lady Gulf, the USS McInerney, the USS
Phillipine Sea, the USS Sampson, the USS Spruance, the USS Elmer
Montgomery, and the USS Impervious, as well as the 743rd Maintenance
Battalion, the 325th Maintenance Battalion, the 269th Engineer Company,
the 705th MP Company, the 202nd Medical Group, the 348th Medical
Detachment, the 138th Aviation Company, the 146th Transportation
Company, the 442nd Personnel Services Company, the 32nd
Transportation Company Group, the 810th Military Police Company, the
320th Military Police Company, the 495th Transportation Company, the
834th AG Company (postal), the 873rd Quartermaster Company, the 347th
Medical Detachment, the 839th Transportation Company, the 216th
Transportation Company, the 599th Transportation Company, the 345th
Combat Support Hospital, the 322nd Quartermaster Company, the 410th
Quartermaster Company, the 351st Military Police Company, the 653rd
Signal Company, the 221st Explosive Ordinance Detachment, the 8th
Tank Battalion, the 4th AAV Battalion, the 4th Anglico Company, the
160th MP Battalion, and the 351st AG Company, and
WHEREAS, the State of Florida has contributed 25 percent of the
reserve military personnel to Operation Desert Storm and the liberation
of Kuwait, and
WHEREAS, the citizens of the great State of Florida and the members
of the House of Representatives of this great state stand united in pride
and respect for the courage, the bravery, and the dedication to the ideals
of the United States of America that is being displayed by the women and
men participating in Operation Desert Storm, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That the House of Representatives of the State of Florida hereby salutes
the servicewomen and servicemen from Florida for their valiant and
courageous contributions to the defense of freedom in the Middle East and
in the world.
-was taken up and read the first time by title. On motion by Rep.
Bronson, the resolution was read the second time by title.
On motion by Rep. Kelly, the board was opened and the following
Members were recorded as prime sponsors of the resolution, along with
Representatives Bronson and Bloom: Representatives Abrams, Albright,
Arnall, Arnold, Ascherl, Bainter, Banjanin, Boyd, Brennan, Brown, Burke,
Carpenter, Chestnut, Chinoy, Clark, Clemons, Corr, Cosgrove, Crady,
Davis, De Grandy, Deutsch, Diaz-Balart, Feeney, Figg, Flagg, Foley,
Frankel, Friedman, Garcia, Geller, Glickman, Goode, Gordon, Graber,
Graham, Grindle, Guber, Gutman, Hafner, Hanson, Harden, Hargrett,
Harris, Hawkes, Hawkins, Healey, Hill, Hoffmann, Holland, Holzendorf,
Huenink, Ireland, Irvine, Jamerson, Jennings, Johnson, C. F. Jones, Daryl
Jones, Dennis Jones, Kelly, King, Laurent, Lawson, Lewis, Liberti,
Lippman, Logan, Lombard, Mackenzie, Mackey, Martinez, McEwan,
Mims, Mishkin, Morse, Mortham, Muscarella, Ostrau, Press, Pruitt,
Rayson, Reaves, Reddick, Ritchie, Roberts, Rojas, Rudd, Rush, Safley,
Sanderson, Sansom, Saunders, Sembler, Silver, Simon, Simone, Sindler, C.
Smith, K. Smith, Stafford, Starks, Stone, Thomas, Tobiassen, Tobin,
Trammell, Valdes, Viscusi, Wallace, Webster, Wetherell, Wise and Young.

The question recurred on
adopted. The vote was:
Yeas-115

The Chair
Abrams
Albright
Arnall
Ascherl
Bainter
Banjanin
Bloom
Boyd
Brennan
Bronson
Brown

Burke
Carpenter
Chestnut
Chinoy
Clark
Clemons
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch

the adoption of the resolution, which was

Diaz-Balart
Feeney
Figg
Flagg
Foley
Frankel
Friedman
Garcia
Geller
Glickman
Goode
Gordon

Graber
Graham
Grindle
Guber
Gutman
Hafner

Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins

Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Laurent

Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Mackenzie
Mackey
Martinez
McEwan
Mims
Mishkin
Morse
Mortham
Muscarella
Ostrau
Press

Pruitt
Rayson
Reaves
Reddick
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Sembler
Silver
Simon
Simone

Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Viscusi
Wallace
Webster
Wise
Young

Nays-None
Votes after roll call:
Yeas-Arnold

Recessed
On motion by Rep. Johnson, the House stood in informal recess at 2:46
p.m. to reconvene upon the call of the Speaker.

Reconvened
The House was called to order by the Speaker at 5:50 p.m. A quorum was
present.

Messages from the Senate

The Honorable T. K. Wetherell, Speaker
I am directed to inform the House of Representatives that the Senate has
passed, as amended, SB 8-B and requests the concurrence of the House.
Joe Brown, Secretary

By the Committee on Commerce and others-
SB 8-B-A bill to be entitled An act relating to workers' compensation;
reenacting s. 20.13(4), F.S., relating to the Division of Insurance Fraud of
the Department of Insurance; reenacting and amending s. 20.171(2), (3),
F.S., relating to the Department of Labor and Employment Security;
repealing s. 20.171(5), F.S., relating to the Industrial Relations
Commission; repealing s. 4, ch. 90-201, Laws of Florida, relating to a
petition to the Supreme Court by The Florida Bar for adoption of rules;
reenacting s. 442.20, F.S., relating to workplace safety; reenacting s. 7, ch.
90-201, Laws of Florida, relating to an appropriation to the department for
a new Division of Safety; reenacting s. 440.015, F.S., relating to
construction of the Workers' Compensation Law; reenacting and amending
s. 440.02, F.S., relating to definitions applicable to the Workers'
Compensation Law; deleting a reference to a repealed provision; providing
conditions and procedures under which certain sole proprietors, partners,
and officers may elect to be exempt from ch. 440, F.S.; amending s. 440.05,
F.S.; prescribing requirements for submitting a notice of election to become
exempt; requiring the Division of Workers' Compensation of the
Department of Labor and Employment Security to issue a certification of
the election to be exempt to such persons under specified circumstances;
providing requirements for providing workers' compensation; providing
registration requirements for subcontractors; providing a fee; reenacting s.
440.055, F.S., relating to annual employer affidavits; creating s. 440.077,
F.S.; providing that such persons electing to be exempt may not receive
benefits under ch. 440, F.S.; reenacting and amending s. 440.09, F.S.,
relating to coverage; deleting a reference to a repealed provision; reenacting
s. 440.092, F.S., relating to compensability of injuries incurred in attending
certain recreational and social activities, while going to or coming from
work, while deviating from employment, and while traveling in connection
with employment and for subsequent intervening accidents; reenacting
and amending s. 440.10, F.S., relating to liability for compensation;
requiring contractors and subcontractors to provide proof of secured

January 22, 1991

7

8 JOURNAL OF THE HOUSE

compensation for employees or an exemption as a condition to obtaining
building permits; requiring contractors and subcontractors engaging in
public or private construction to secure and maintain compensation for
employees under the Workers' Compensation Law; allowing contractors to
require evidence of insurance or exemption; requiring a subcontractor to
notify his contractor of his election of exemption; authorizing contractors
and third-party payors to recover paid or payable benefits and interest
thereon; reenacting s. 440.101, F.S., relating to legislative intent with
respect to drug-free workplaces; reenacting and amending s. 440.102, F.S.,
relating to drug-free workplace programs; reenacting s. 440.11(1), F.S.,
relating to exclusiveness of liability; reenacting s. 440.12(1), F.S., relating
to commencement of compensation; reenacting s. 440.13, F.S., relating to
medical services and supplies and to violations and penalties relating
thereto; reenacting s. 440.135, F.S., relating to pilot programs for medical
and remedial care; reenacting s. 440.15, F.S., relating to compensation for
disability; reenacting s. 440.16(1)(b), F.S., relating to compensation for
death; reenacting s. 440.185(4), F.S., relating to provision of informational
brochures to injured workers; reenacting s. 440.19(1), F.S., relating to time
and procedure for filing claims; reenacting s. 440.20(9), (12), F.S., relating
to payment of compensation; reenacting s. 440.25(3), F.S., and reenacting
and amending s. 440.25(4), F.S., relating to procedures for hearings and
appeals; replacing references to the Industrial Relations Commission with
references to the District Court of Appeal, First District; repealing s.
440.26, F.S., relating to presumptions in compensation proceedings;
reenacting and amending s. 440.271, F.S., relating to appellate review of
orders of judges of compensation claims; providing for appeal to the
District Court of Appeal, First District, instead of the Industrial Relations
Commission; repealing s. 440.272, F.S., relating to appellate review of
orders of the Industrial Relations Commission; reenacting s. 440.34(2), (7),
F.S., and reenacting and amending s. 440.34(3), (5), F.S., relating to
attorney's fees and costs; deleting references to the Industrial Relations
Commission; reenacting s. 440.37(4), F.S., relating to penalties for
misrepresentation and fraud; reenacting s. 440.38(1), (3), (5), F.S., relating
to security for compensation; reenacting s. 440.381, F.S., relating to
applications for coverage and payroll reporting and auditing; reenacting s.
440.385, F.S., relating to the Florida Self-Insurers Guaranty Association,
Incorporated; reenacting s. 440.386, F.S., relating to insolvency of self-
insurers; reenacting s. 440.39(3)(a), F.S., relating to third-party liability;
reenacting s. 440.43, F.S., relating to penalties for failure to secure payment
of compensation; repealing s. 440.44(8), (10), F.S., 1989, relating to an
advisory council and a workers' compensation oversight board; repealing
s. 440.4415, F.S., relating to the Workers' Compensation Oversight Board;
reenacting s. 440.45(1), (2), F.S., relating to judges of compensation claims;
reenacting s. 440.49, F.S., relating to rehabilitation of injured employees
and the Special Disability Trust Fund; reenacting and amending s. 440.52,
F.S., relating to registration of insurance carriers; requiring insurance
carriers providing insurance under ch. 440, F.S., to notify a contractor upon
cancellation or expiration of insurance; reenacting s. 440.56(6), F.S.,
relating to penalties for violation of safety rules; reenacting s. 440.572, F.S.,
relating to authorization of individual self-insurers to provide coverage;
reenacting s. 440.575(1)(c), F.S., relating to local government pools;
reenacting s. 440.59, F.S., relating to risk management reports; reenacting
s. 440.591, F.S., relating to rulemaking authority; reenacting ss. 489.114,
489.510, F.S., relating to evidence of coverage of contractors and electrical
contractors; reenacting s. 626.611(15), F.S., relating to denial, suspension,
or revocation of, or refusal to renew, a license or appointment for
fraudulent and dishonest practices; reenacting s. 626.869(5), F.S., relating
to workers' compensation insurance adjuster continuing education course
requirements; reenacting s. 627.0915, F.S., relating to consideration of
drug-free workplace programs in the setting of rates; reenacting s.
627.1615, F.S., relating to discrimination against certain applicants for
coverage; reenacting s. 627.162, F.S., relating to installment payment of
premiums; reenacting and amending ss. 54, 55, ch. 90-201, Laws of Florida,
relating to the Joint Select Committee on Workers' Compensation and
alternative methods of compliance for self-insurers; continuing ch. 440,
F.S., as amended, in effect after October 1, 1991, notwithstanding its
scheduled repeal; reenacting s. 57, ch. 90-201, Laws of Florida, relating to

reduction of rates; reenacting and amending s. 115, ch. 90-201, Laws of
Florida, relating to an appropriation to the Department of Labor and
Employment Security; revising such appropriation; reenacting ss. 116-117,
119-120, ch. 90-201, Laws of Florida, relating to appropriations to the
Department of Insurance and the Department of Professional Regulation

]

Supreme Court Judicial Nominating Commission issues a favorable report,
the Governor shall reappoint the judge. However, if the Supreme Court
Judicial Nominating Commission issues an unfavorable report, the
Supreme Court Judicial Nominating Commission shall commence the
procedure for issuing a report to the Governor which shall include a list of

E OF REPRESENTATIVES January 22, 1991

and severability; repealing s. 118, ch. 90-201, Laws of Florida, relating to
an appropriation to the Joint Legislative Management Committee;
providing for retroactive application; providing an effective date.
-was read the first time by title. On motion by Rep. Johnson, the rules
were waived by two-thirds vote and the bill was read the second time by
title.
Representative Simon offered the following amendment:
Amendment 1-On page 9, line 27, strike everything after the enacting
clause and insert:
Section 1. Subsection (4) of section 20.13, Florida Statutes, 1990
Supplement, is reenacted to read:
20.13 Department of Insurance.-There is created a Department of
Insurance.
(4) The Division of Insurance Fraud shall enforce the provisions of s.
626.989. The division shall establish a Bureau of Workers' Compensation
Insurance Fraud for the sole purpose of enforcing the provisions of chapter
440 which, if violated, would result in the commission of fraudulent
insurance acts.
Section 2. Subsections (2), (3), and (5) of section 20.171, Florida
Statutes, 1990 Supplement, are reenacted to read:
20.171 Department of Labor and Employment Security.-There is
created a Department of Labor and Employment Security.
(2) The following divisions, and bureaus within the divisions, of the
Department of Labor and Employment Security are established:
(a) Division of Labor, Employment, and Training.
(b) Division of Unemployment Compensation.
(c) Division of Administrative Services.
(d) Division of Workers' Compensation.
(e) Division of Vocational Rehabilitation.
(f) Division of Safety.
(3) The following commissions are established within the Department
of Labor and Employment Security:
(a) Public Employees Relations Commission.
(b) Unemployment Appeals Commission.
(5)(a)l.a. There is created within the Department of Labor and
Employment Security an Industrial Relations Commission to consist of a
presiding judge and four other judges, all to be appointed by the Governor
after February 1, 1991, but before March 15, 1991, and all to serve full time.
Each appointee shall have the qualifications required by law for judges of
the District Courts of Appeal. In addition to these qualifications, the judges
of the Industrial Relations Commission shall be substantially experienced
in the field of workers' compensation.
b. Initially, the Governor shall appoint two judges for terms of 4 years,
two judges for terms of 3 years, and one judge for a term of 2 years.
Thereafter, each full-time judge shall be appointed for a term of 4 years,
but during the term of office may be removed by the Governor for cause.
c. The initial appointment process, retention process, and filling of
vacancies of unexpired terms for the judges shall be by the Supreme Court
Judicial Nominating Commission. The Supreme Court Judicial
Nominating Commission shall submit a report to the Governor by January
1, 1991, of fifteen candidates for the initial five judge appointments. The
Governor shall appoint the individual judges.
d. Prior to the expiration of the term of office of a judge, the conduct
of such judge shall be reviewed by the Supreme Court Judicial Nominating
Commission. A report of the Supreme Court Judicial Nominating
Commission regarding retention shall be furnished to the Governor no
later than 6 months prior to the expiration of the term of the judge. If the

JOURNAL OF THE HOUSI

three candidates for appointment. In the event a vacancy occurs during an
unexpired term of a judge on the Industrial Relations Commission, then
the Supreme Court Judicial Nominating Commission shall commence the
procedure for issuing a report to the Governor which shall include a list of
three candidates for appointment.
e. The Industrial Relations Commission judges are also subject to the
jurisdiction of the Judicial Qualifications Commission during their term of
office.
2. The presiding judge may by order filed in the records of the
commission and with the approval of the Governor, appoint associate
judges to serve as temporary judges of the commission. Such appointment
may be made only of a currently commissioned judge of compensation
claims. This appointment shall be for such periods of time as not to cause
an undue burden on the caseload in the judge's jurisdiction. Each associate
judge appointed shall receive no additional pay during the appointment
except for expenses incurred in the performance of the additional duties.
3. The total salaries and benefits of all judges of the commission are to
be paid from the trust fund created by s. 440.50. Notwithstanding any
other provision of law, the judges shall be paid a salary equal to that paid
under state law to the judges of District Courts of Appeal.
(b)l. The commission is vested with all authority, powers, duties, and
responsibilities relating to review of orders of judges of compensation
claims in workers' compensation proceedings under chapter 440. The
Industrial Relations Commission shall review by appeal final orders of
judges of compensation claims entered pursuant to chapter 440. The First
District Court of Appeal shall retain jurisdiction over all workers'
compensation proceedings pending before it on April 1, 1991. The
commission may hold sessions and conduct hearings at any place within the
state. Three judges shall consider each case and the concurrence of two
shall be necessary to a decision. Any judge may request an en banc hearing
for review of a final order of a judge of compensation claims.
2. The Industrial Relations Commission shall be within the
Department of Labor and Employment Security but, in the performance
of its powers and duties under chapter 440, shall not be subject to control,
supervision, or direction by the Department of Labor and Employment
Security. The commission is not an agency for purposes of chapter 120.
3. The property, personnel, and appropriations related to the
commission's specified authority, powers, duties, and responsibilities shall
be provided to the commission by the Department of Labor and
Employment Security.
(c) The commission shall make such expenditures, including
expenditures for personnel services and rent at the seat of government and
elsewhere; for law books, reference materials, periodicals, furniture,
equipment, and supplies; and for printing and binding, as may be necessary
in exercising its authority and powers and carrying out its duties and
responsibilities. All such expenditures of the commission shall be allowed
and paid as provided in s. 440.50 upon the presentation of itemized
vouchers therefore approved by the presiding judge.
(d) The commission may charge, in its discretion, for publications,
subscriptions, and copies of records and documents. Such fees shall be
deposited in the fund established in s. 440.50.
(e)1. The presiding judge shall exercise administrative supervision over
the Industrial Relations Commission and over the judges and other officers
of such courts.
2. The presiding judge of the Industrial Relations Commission shall
have the power:
a. To assign judges to hear appeals from final orders of judges of
compensation claims.
b. To hire and assign clerks and staff.
c. To regulate use of courtrooms.
d. To supervise dockets and calendars.
e. To do everything necessary to promote the prompt and efficient
administration of justice in the courts over which he presides.

3. The presiding judge shall be responsible to the Chief Justice of the
Supreme Court for such information as may be required by the chief

January 22, 1991

442.20 Workplace safety.-
(1) The Division of Safety within the Department of Labor and
Employment Security shall assist in making the workplace a safer place to
work and decreasing the frequency and severity of on-the-job injuries.

E OF REPRESENTATIVES 9

justice, including, but not limited to, caseload, status of dockets, and
disposition of cases in the courts over which he presides.
4. The presiding judge shall be selected by a majority of the judges for
a term of 2 years. The presiding judge may succeed himself for successive
terms.
5. There may be an executive assistant to the presiding judge who shall
perform such duties as the presiding judge may direct. Additionally, each
judge may have research assistants or law clerks.
(f)l. The commission shall maintain and keep open during reasonable
business hours a clerk's office, provided in the Capitol or some other
suitable building in Leon County, for the transaction of its business. All
books, papers, records, files, and the seal of the commission shall be kept
at this office. The office shall be furnished and equipped by the
commission.
2. The Industrial Relations Commission shall appoint a clerk who shall
hold his office during the pleasure of the commission. Before entering upon
the discharge of his duties, the clerk shall give bond in the sum of $5,000
payable to the Governor or his successors in office, to be approved by a
majority of the members of the commission conditioned upon the faithful
discharge of the duties of his office, which bond shall be filed in the office
of the Secretary of State.
3. The clerk shall be paid an annual salary to be determined in
accordance with s. 25.382.
4. The clerk is authorized to employ such deputies and clerical
assistants as may be necessary. Their number and compensation shall be
approved by the commission and paid from the annual appropriation for
the Industrial Relations Commission from the Workers' Compensation
Administration Trust Fund.
5. The clerk, upon the filing of a certified copy of a notice of appeal or
petition, shall charge and collect a filing fee of $250 for each case docketed,
and shall charge and collect for copying, certifying, or furnishing opinions,
records, papers, or other instruments, and for other services the same
service charges as provided in s. 28.24. The state or its agencies, when
appearing as appellant or petitioner, is exempt from the filing fee required
in this subsection.
6. The clerk of the Industrial Relations Commission is required to
prepare a statement of all fees collected in duplicate each month and remit
one copy of said statement, together with all fees collected by him, to the
state Comptroller who shall place the same to the credit of the Workers'
Compensation Administration Trust Fund.
(g) The commission shall have a seal for authentication of its orders,
awards, and proceedings, upon which shall be inscribed the words "State
of Florida Industrial Relations Commission-Seal"; and it shall be
judicially noticed.
(h) The commission is expressly authorized to destroy obsolete records
of the commission.
(i) Industrial Relations Commission judges shall be reimbursed for
travel expenses as provided in s. 112.061.
(j) The practice and procedure before the commission and the judges
of compensation claims shall be governed by rules adopted by the Supreme
Court except to the extent that such rules conflict with the provisions of
this chapter.
Section 3. Section 4 of chapter 90-201, Laws of Florida, is reenacted to
read:
Section 4. The Florida Bar is hereby requested to petition on or before
January 1, 1991, the Florida Supreme Court for the adoption of rules for
matters pending before the Industrial Relations Commission and such
other rules as may be required by this act to be adopted by the courts of
the State of Florida.
Section 4. Section 442.20, Florida Statutes, 1990 Supplement, is
reenacted to read:

10 JOURNAL OF THE HOUSE

(2) The Division of Safety shall have the authority to adopt rules for
the purpose of assuring safe working conditions for all workers by
authorizing the enforcement of effective standards, assisting and
encouraging employers to maintain safe working conditions, and by
providing for education and training in the field of safety.
(3) The provisions of chapter 440 which pertain to workplace safety
shall be applicable to the Division of Safety.
(4) The administrative rules of the Department of Labor and
Employment Security pertaining to the function of the Bureau of
Industrial Safety and Health which are in effect immediately before July
1, 1990, continue in effect as rules of the Division of Safety until specifically
amended by the Department of Labor and Employment Security.
Section 5. Section 7 of chapter 90-201, Laws of Florida, is reenacted to
read:
Section 7. There is hereby appropriated from the Workers'
Compensation Administration Trust Fund to the Department of Labor
and Employment Security for fiscal year 1990-1991 5 full-time equivalent
positions and the sum of $250,000 to create and fund the Division of Safety
within the Department of Labor and Employment Security.
Section 6. Section 440.015, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.015 Legislative intent.-It is the intent of the Legislature that the
Workers' Compensation Law be interpreted so as to assure the quick and
efficient delivery of disability and medical benefits to an injured worker at
a reasonable cost to the employer. It is the specific intent of the Legislature
that workers' compensation cases shall be decided on their merits. The
workers' compensation system in Florida is based on a mutual renunciation
of common law rights and defenses by employers and employees alike. In
addition, it is the intent of the Legislature that the facts in a workers'
compensation case are not to be interpreted liberally in favor of either the
rights of the injured worker or the rights of the employer. Additionally, the
Legislature hereby declares that disputes concerning the facts in workers'
compensation cases are not to be given a broad liberal construction in favor
of the employee on the one hand or of the employer on the other hand.
Section 7. Section 440.02, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.02 Definitions.-When used in this chapter, unless the context
clearly requires otherwise, the following terms shall have the following
meanings:
"(1) "Accident" means only an unexpected or unusual event or result,
happening suddenly. A mental or nervous injury due to stress, fright or
excitement only, or disability or death due to the accidental acceleration
or aggravation of a venereal disease or of a disease due to the habitual use
of alcohol or controlled substances or narcotic drugs, shall be deemed not
to be an injury by accident arising out of the employment. Where a
preexisting disease or anomaly is accelerated or aggravated by an accident
arising out of and in the course of employment, only acceleration of death
or acceleration or aggravation of the preexisting condition reasonably
attributable to the accident shall be compensable, with respect to death or
permanent impairment.
(2) "Adoption" or "adopted" means legal adoption prior to the time of
the injury.
(3) "Carrier" means any person or fund authorized under s. 440.38 to
insure under this chapter and includes a self-insurer, and a commercial
self-insurance fund authorized under s. 624.462.
(4) "Casual" as used in this section shall be taken to refer only to
employment when the work contemplated is to be completed in not
exceeding 10 working days, without regard to the number of men
employed, and when the total labor cost of such work is less than $100.
(5) "Child" includes a posthumous child, a child legally adopted prior
to the injury of the employee, and a stepchild or acknowledged child born

I

out of wedlock dependent upon the deceased, but does not include married
children unless wholly dependent on him. "Grandchild" means a child as
above defined of a child as above defined. "Brother" and "sister" include
stepbrothers and stepsisters, halfbrothers and halfsisters, and brothers and
sisters by adoption, but does not include married brothers or married

E OF REPRESENTATIVES January 22, 1991

sisters unless wholly dependent on the employee. "Child," "grandchild,"
"brother," and "sister" include only persons who at the time of the death
of the deceased employees are under 18 years of age, or under 22 years of
age if a full-time student in an accredited educational institution.
(6) "Compensation" means the money allowance payable to an
employee or to his dependents as provided for in this chapter.
(7) "Construction industry" means for-profit activities involving the
carrying out of any building, clearing, filling, excavation, or substantial
improvement in the size or use of any structure or the appearance of any
land. When appropriate to the context, "construction" refers to the act of
construction or the result of construction. However, "construction" shall
not mean a landowner's act of construction or the result of a construction
upon his or her own premises, provided such premises are not intended to
be sold or resold.
(8) "Date of maximum medical improvement" means the date after
which further recovery from, or lasting improvement to, an injury or
disease can no longer reasonably be anticipated, based upon reasonable
medical probability.
(9) "Death" as a basis for a right to compensation means only death
resulting from an injury.
(10) "Department" means the Department of Labor and Employment
Security.
(11) "Disability" means incapacity because of the injury to earn in the
same or any other employment the wages which the employee was receiving
at the time of the injury.
(12) "Division" means the Division of Workers' Compensation of the
Department of Labor and Employment Security.
(13)(a) "Employee" means every person engaged in any employment
under any appointment or contract of hire or apprenticeship, express or
implied, oral or written, including aliens and also including minors,
whether lawfully or unlawfully employed.
(b) "Employee" includes any person who is an officer of a corporation
and who performs services for remuneration for such corporation within
this state, whether or not such services are continuous. However, except as
hereinafter provided, any officer of a corporation may elect to be exempt
from coverage under this chapter by filing written certification of the
election with the division as provided in s. 440.05. Services shall be
presumed to have been rendered the corporation in cases when such officer
is compensated by other than dividends upon shares of stock of such
corporation owned by him.
(c) "Employee" includes a sole proprietor or a partner who devotes full
time to the proprietorship or partnership and, except as hereinafter
provided, elects to be included in the definition of employee by filing notice
thereof as provided in s. 440.05. However, partners or sole proprietors
actively engaged in the construction industry are considered employees in
all instances whether or not the right of election is exercised.
(d) "Employee" does not include:
1. An independent contractor, who is not subject to the control and
direction of the employer as to his actual conduct, except those
independent contractors engaged in the construction industry, including:
a. An individual who agrees in writing to perform services for a person
or corporation without supervision or control as a real estate salesman or
agent, if such service by such individual for such person or corporation is
performed for remuneration solely by way of commission; and
b. Bands, orchestras, and musical and theatrical performers, including
disk jockeys, performing in licensed premises as defined in chapter 562,
provided a written contract evidencing an independent contractor
relationship is entered into prior to the commencement of such
entertainment.
c. An owner-operator of a motor vehicle who transports property under

a written contract with a motor carrier which evidences a relationship by
which the owner-operator assumes the responsibility of an employer for the
performance of the contract, provided that the owner-operator is required
to furnish the necessary motor vehicle equipment and all costs incidental
to the performance of the contract, including, but not limited to, fuel,

JOURNAL OF THE HOUSE]

taxes, licenses, repairs, and hired help; and the owner-operator is paid a
commission for his transportation service and is not paid by the hour or
on some other time-measured basis.
2. A person whose employment is both casual and not in the course of
the trade, business, profession, or occupation of the employer.
3. A volunteer, except a volunteer worker for the state or a county, city,
or other governmental entity. Notwithstanding the provisions of s. 440.26,
a person who does not receive monetary remuneration for his services is
presumed to be a volunteer unless there is substantial evidence that a
valuable consideration was intended by both employer and employee. For
purposes of this chapter, the term "volunteer" includes, but is not limited
to:
a. Persons who serve in private nonprofit agencies and who receive no
compensation other than expenses in an amount less than or equivalent to
the standard mileage and per diem expenses provided to salaried
employees in the same agency or, in the event that such agency does not
have salaried employees who receive mileage and per diem, then such
volunteers who receive no compensation other than expenses in an amount
less than or equivalent to the customary mileage and per diem paid to
salaried workers in the community as determined by the division.
b. Volunteers participating in federal programs established pursuant
to Pub. L. No. 93-113.
4. Any officer of a corporation who elects to be exempt from coverage
under this chapter; however, no officer of a corporation engaged in the
construction industry shall be exempted from coverage under this chapter.
(14) "Employer" means the state and all political subdivisions thereof,
all public and quasi-public corporations therein, every person carrying on
any employment, and the legal representative of a deceased person or the
receiver or trustees of any person.
(15)(a) "Employment," subject to the other provisions of this chapter,
means any service performed by an employee for the person employing
him.
(b) "Employment" includes:
1. Employment by the state and all political subdivisions thereof and
all public and quasi-public corporations therein, including officers elected
at the polls.
2. All private employment in which four or more employees are
employed by the same employer or, with respect to the construction
industry, all private employment in which one or more employees are
employed by the same employer.
3. Volunteer firefighters responding to or assisting with fire or medical
emergencies whether or not the firefighters are on duty.
(c) "Employment" does not include service performed by or as:
1. Domestic servants in private homes.
2. Agricultural labor performed on a farm in the employ of a bona fide
farmer, or association of farmers, who employs 5 or fewer regular
employees and who employs fewer than 12 other employees at one time for
seasonal agricultural labor that is completed in less than 30 days, provided
such seasonal employment does not exceed 45 days in the same calendar
year. The term "farm" includes stock, dairy, poultry, fruit, fur-bearing
animals, fish, and truck farms, ranches, nurseries, and orchards. The term
"agricultural labor" includes field foremen, timekeepers, checkers, and
other farm labor supervisory personnel.
3. Professional athletes, such as professional boxers, wrestlers,
baseball, football, basketball, hockey, polo, tennis, jai alai, and similar
players, and motorsports teams competing in a motor racing event as
defined in s. 549.08.
4. Labor under a sentence of a court to perform community services as
provided in s. 316.193.
(16) "Misconduct" includes, but is not limited to, the following, which
shall not be construed in pari material with each other:
(a) Conduct evincing such willful or wanton disregard of an employer's

interests as is found in deliberate violation or disregard of standards of
behavior which the employer has the right to expect of his employee; or

January 22, 1991

such period of 7 consecutive days. When Saturdays, Sundays, holidays, or
other nonworking days immediately follow the first 7 days of disability or
occur at the end of a period of disability as the last day or days of such
period, such nonworking days constitute a part of the period of disability
with respect to which compensation is payable.

E OF REPRESENTATIVES 11

(b) Carelessness or negligence of such a degree or recurrence as to
manifest culpability, wrongful intent, or evil design, or to show an
intentional and substantial disregard of an employer's interests or of the
employee's duties and obligations to his employer.
(17) "Injury" means personal injury or death by accident arising out of
and in the course of employment, and such diseases or infection as
naturally or unavoidably result from such injury. Damage to dentures,
eyeglasses, prosthetic devices, and artificial limbs may be included in this
definition only when the damage is shown to be part of, or in conjunction
with, an accident. This damage must specifically occur as the result of an
accident in the normal course of employment.
(18) "Parent" includes stepparents and parents by adoption, parents-
in-law, and any persons who for more than 3 years prior to the death of the
deceased employee stood in the place of a parent to him and were
dependent on the injured employee.
(19) "Permanent impairment" means any anatomic or functional
abnormality or loss, existing after the date of maximum medical
improvement, which results from the injury.
(20) "Person" means individual, partnership, association, or
corporation, including any public service corporation.
(21) "Self-insurer" means:
(a) Any employer who has secured payment of compensation pursuant
to s. 440.38(1)(b) or (6) as an individual self-insurer;
(b) Any employer who has secured payment of compensation through
a group self-insurer pursuant to s. 440.57;
(c) Any group self-insurer established pursuant to s. 440.57;
(d) A public utility as defined in s. 364.02 or s. 366.02 that has assumed
by contract the liabilities of contractors or subcontractors pursuant to s.
440.571; or
(e) Any local government pool established pursuant to s. 440.575.
(22) "Spouse" includes only a spouse substantially dependent for
financial support upon the decedent and living with the decedent at the
time of the decedent's injury and death, or substantially dependent upon
the decedent for financial support and living apart at that time for
justifiable cause.
(23) "Time of injury" means the time of the occurrence of the accident
resulting in the injury.
(24) "Wages" means the money rate at which the service rendered is
recompensed under the contract of hiring in force at the time of the injury
and includes only the wages earned on the job where the employee is
injured and does not include wages from outside or concurrent
employment except in the case of a volunteer firefighter, together with the
reasonable value of housing furnished to the employee by the employer
which is the permanent year-round residence of the employee, and
gratuities to the extent reported to the employer in writing as taxable
income received in the course of employment from others than the
employer and employer contributions for health insurance for the
employee or the employee's dependents. However, housing furnished to
migrant workers shall be included in wages unless provided after the time
of injury. In employment in which an employee receives consideration for
housing, the reasonable value of such housing compensation shall be the
actual cost to the employer or based upon the Fair Market Rent Survey
promulgated pursuant to section 8 of the Housing and Urban Development
Act of 1974, whichever is less. However, if employer contributions for
housing or health insurance are continued after the time of the injury, the
contributions are not "wages" for the purpose of calculating an employee's
average weekly wage.
(25) "Weekly compensation rate" means and refers to the amount of
compensation payable for a period of 7 consecutive days, including any
Saturday, Sundays, holidays, and other nonworking days which fall within

12 JOURNAL OF THE HOUSE

(26) "Construction design professional" means an architect,
professional engineer, landscape architect, or land surveyor, or any
corporation, professional or general, that has a certificate to practice in the
construction design field from the Florida Department of Professional
Regulation.
(27) "Individual self-insurer" means any employer who has secured
payment of compensation pursuant to s. 440.38(1)(b) as an individual self-
insurer.
(28) "Domestic individual self-insurer" means an individual self-
insurer:
(a) Which is a corporation formed under the laws of this state;
(b) Who is an individual who is a resident of this state or whose primary
place of business is located in this state; or
(c) Which is a partnership whose principals are residents of this state
or whose primary place of business is located in this state.
(29) "Foreign individual self-insurer" means an individual self-insurer:
(a) Which is a corporation formed under the laws of any state, district,
territory, or commonwealth of the United States other than this state;
(b) Who is an individual who is not a resident of this state and whose
primary place of business is not located in this state; or
(c) Which is a partnership whose principals are not residents of this
state and whose primary place of business is not located in this state.
(30) "Insolvent member" means an individual self-insurer which is a
member of the Florida Self-Insurers Guaranty Association, Incorporated,
or which was a member and has withdrawn pursuant to s. 440.385(1)(b),
and which has been found insolvent, as defined in paragraph (31)(a), (b),
or (c), by a court of competent jurisdiction in this or any other state, or
meets the definition of paragraph (31)(d).
(31) "Insolvency" or "insolvent" means:
(a) That all assets of the individual self-insurer, if made immediately
available, would not be sufficient to meet all the individual self-insurer's
liabilities;
(b) That the individual self-insurer is unable to pay its debts as they
become due in the usual course of business;
(c) That the individual self-insurer has substantially ceased or
suspended the payment of compensation to its employees as required in
this chapter; or
(d) That the individual self-insurer has sought protection under the
United States Bankruptcy Code or has been brought under the jurisdiction
of a court of bankruptcy as a debtor pursuant to the United States
Bankruptcy Code.
Section 8. Section 440.055, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.055 Annual employer affidavits.-If an employer employs fewer
than four employees and chooses not to secure payment of compensation
under this chapter, such employer shall file, on an annual basis, an affidavit
with the division stating that he has not secured payment of compensation
under this chapter for his employees and shall provide clear written notice
to all employees of their lack of entitlement to benefits under this chapter.
Such affidavit shall also contain the nature of the employer's business, the
business address, and the telephone number.
Section 9. Section 440.09, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.09 Coverage.--
(1) Compensation shall be payable under this chapter in respect of
disability or death of an employee if the disability or death results from an
injury arising out of and in the course of employment. Death resulting from
an operation by a surgeon furnished by the employer for the cure of hernia

1]

as required in s. 440.15(6) shall for the purpose of this chapter be
considered as a death resulting from the accident causing the hernia.
Where an accident happens while the employee is employed elsewhere than
in this state, which would entitle him or his dependents to compensation
if it had happened in this state, the employee or his dependents shall be

- --- - --- -- -- ---

(8) If, by operation of s. 440.04, benefits become payable to a
professional athlete under this chapter, such benefits shall be reduced or
setoff in the total amount of injury benefits or wages payable during the
period of disability by the employer under a collective bargaining
agreement or contract for hire.

E OF REPRESENTATIVES January 22, 1991

entitled to compensation if the contract of employment was made in this
state, or the employment was principally localized in this state. However,
if an employee shall receive compensation or damages under the laws of
any other state, nothing herein contained shall be construed so as to permit
a total compensation for the same injury greater than is provided herein.
(2) No compensation shall be payable in respect of the disability or
death of any employee covered by the Federal Employer's Liability Act,
the Longshoremen's and Harbor Worker's Compensation Act, or the Jones
Act.
(3) No compensation shall be payable if the injury was occasioned
primarily by the intoxication of the employee; by the influence of any
drugs, barbiturates, or other stimulants not prescribed by a physician,
which affected the employee to such an extent that the employee's normal
faculties were impaired; or by the willful intention of the employee to
injure or kill himself, herself, or another. If there was at the time of the
injury 0.10 percent or more by weight of alcohol in the employee's blood,
or if the employee has a positive confirmation of a drug as defined in this
act, it shall be presumed that the injury was occasioned primarily by the
intoxication of, or by the influence of the drug upon, the employee. In the
absence of a drug-free workplace program, this presumption may be
rebutted by clear and convincing evidence that the intoxication or
influence of the drug did not contribute to the injury. Percent by weight
of alcohol in the blood shall be based upon grams of alcohol per 100
milliliters of blood. However, if, prior to the accident, the employer had
actual knowledge of and expressly acquiesced in the employee's presence
at the workplace while under the influence of such alcohol or drug, the
presumption specified in this subsection shall not apply.
(4) Where injury is caused by the knowing refusal of the employee to
use a safety appliance or observe a safety rule required by statute or
lawfully promulgated by the division, and brought prior to the accident to
his or her knowledge, or where injury is caused by the knowing refusal of
the employee to use a safety appliance provided by the employer, the
compensation as provided in this chapter shall be reduced 25 percent.
(5) The division shall adopt rules governing the manner, means, and
frequency of safety inspections and consultations by all carriers and self-
insurers.
(6) Except as provided in this chapter, no construction design
professional who is retained to perform professional services on a
construction project, nor any employee of a construction design
professional in the performance of professional services on the site of the
construction project, shall be liable for any injuries resulting from the
employer's failure to comply with safety standards on the construction
project for which compensation is recoverable under this chapter, unless
responsibility for safety practices is specifically assumed by contracts. The
immunity provided by this subsection to any construction design
professional shall not apply to the negligent preparation of design plans or
specifications.
(7)(a) To ensure that the workplace is a drug and alcohol free
environment and to deter the use of drugs and alcohol at the workplace,
if the employer has reason to suspect that the injury was occasioned
primarily by the intoxication of the employee or by the use of any drug,
which affected the employee to the extent that the employee's normal
faculties were impaired, the employer may require the employee to submit
to a test for the presence of any or all drugs or alcohol in his system.
(b) If the injured worker refuses to submit to a test for nonprescription
controlled substances or alcohol, it shall be presumed in the absence of
clear and convincing evidence to the contrary that the injury was
occasioned primarily by the influence of a nonprescription controlled
substance or alcohol.
(c) The division shall provide by rule for the authorization and
regulation of drug testing policies, procedures, and methods. Testing of
injured employees shall not commence until such rules are adopted.

January 22, 1991

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Section 10. Section 440.092, Florida Statutes, 1990 Supplement, is (2) Compensation shall be payable irrespective of fault as a cause for
reenacted to read: the injury, except as provided in s. 440.09(3).
440.092 Special requirements for compensability; deviation from Section 12. Section 440.101, Florida Statutes, 1990 Supplement, is
employment; subsequent intervening accidents.- reenacted to read:

(1) RECREATIONAL AND SOCIAL ACTIVITIES.-Recreational or
social activities are not compensable unless such recreational or social
activities are an expressly required incident of employment and produce
a substantial direct benefit to the employer beyond improvement in
employee health and morale that is common to all kinds of recreation and
social life.
(2) GOING OR COMING.-An injury suffered while going to or
coming from work is not an injury arising out of and in the course of
employment whether or not the employer provided transportation if such
means of transportation was available for the exclusive personal use by the
employee, unless the employee was engaged in a special errand or mission
for the employer.
(3) DEVIATION FROM EMPLOYMENT.-An employee who is
injured while deviating from the course of his employment, including
leaving the employer's premises, is not eligible for benefits unless such
deviation is expressly approved by the employer, or unless such deviation
or act is in response to an emergency and designed to save life or property.
(4) TRAVELING EMPLOYEES.-An employee who is required to
travel in connection with his employment who suffers an injury while in
travel status shall be eligible for benefits under this chapter only if the
injury arises out of and in the course of his employment while he is actively
engaged in the duties of his employment, which shall include travel
necessary to and from the place where such duties are to be performed and
other activities reasonably required by the travel status.
(5) SUBSEQUENT INTERVENING ACCIDENTS.-Injuries caused
by a subsequent intervening accident arising from an outside agency which
are the direct and natural consequence of the original injury are not
compensable unless suffered while traveling to or from a health care
provider for the purpose of receiving remedial treatment for the
compensable injury.
Section 11. Section 440.10, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.10 Liability for compensation.-
(1) Every employer coming within the provisions of this chapter,
including any brought within the chapter by waiver of exclusion or of
exemption, shall be liable for, and shall secure, the payment to his
employees, or any physician, surgeon, or pharmacist providing services
under the provisions of s. 440.13, of the compensation payable under ss.
440.13, 440.15, and 440.16. Except as otherwise provided herein, every
contractor or subcontractor shall, as a condition to receiving a building
permit, show proof that he has secured compensation for his employees
under this chapter as provided in s. 440.38. Further, any contractor or
subcontractor who engages in any public or private construction in the
state shall secure and maintain compensation for his employees under this
chapter as provided in s. 440.38. In case a contractor sublets any part or
parts of his contract work to a subcontractor or subcontractors, all of the
employees of such contractor and subcontractor or subcontractors engaged
on such contract work shall be deemed to be employed in one and the same
business or establishment; and the contractor shall be liable for, and shall
secure, the payment of compensation to all such employees, except to
employees of a subcontractor who has secured such payment. In the event
a contractor becomes liable for the payment of compensation to the
employees of a subcontractor who has failed to secure such payment in
violation of s. 440.38, the contractor or other third-party payor shall be
entitled to recover from the subcontractor all benefits paid or payable plus
interest unless the contractor and subcontractor have agreed in writing
that the contractor will provide coverage. A subcontractor who knowingly
presents or causes to be presented, any false, fraudulent, or misleading oral
or written statement to any person as evidence of compliance with s. 440.38
commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084. A subcontractor is not liable for the payment of
compensation to the employees of another subcontractor on such contract
work and is not protected by the exclusiveness of liability provisions of s.
440.11 from action at law or in admiralty on account of injury of such
employee of another subcontractor.

440.101 Legislative intent; drug-free workplaces.-It is the intent of
the Legislature to promote drug-free workplaces in order that employers
in the state be afforded the opportunity to maximize their levels of
productivity, enhance their competitive positions in the marketplace, and
reach their desired levels of success without experiencing the costs, delays,
and tragedies associated with work-related accidents resulting from drug
abuse by employees. It is further the intent of the Legislature that drug
abuse be discouraged and that employees who choose to engage in drug
abuse face the risk of unemployment and the forfeiture of workers'
compensation benefits. If an employer implements a drug-free workplace
program which includes notice, education, and testing for drugs and
alcohol pursuant to rules developed by the division, the employer may
require the employee to submit to a test for the presence of drugs or alcohol
and, if a drug or alcohol is found to be present in the employee's system
at a level prescribed by rule adopted pursuant to this act, the employee
may be terminated and shall forfeit his eligibility for medical and
indemnity benefits upon exhaustion of the procedures prescribed in s.
440.102(5). However, a drug-free workplace program shall require the
employer to notify all employees that it is a condition of employment to
refrain from taking drugs on or off the job and if the injured worker refuses
to submit to a test for drugs or alcohol, he forfeits his eligibility for medical
and indemnity benefits.
Section 13. Section 440.102, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.102 Drug-free workplace program requirements.-The following
shall apply to a drug-free workplace program implemented pursuant to
rules adopted by the division:
(1) DEFINITIONS.-Except where the context otherwise requires, as
used in this act:
(a) "Drug" means alcohol, including distilled spirits, wine, malt
beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine;
phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates;
benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any
of the substances listed herein.
(b) "Drug test" or "test" means any chemical, biological, or physical
instrumental analysis administered for the purpose of determining the
presence or absence of a drug or its metabolites.
(c) "Initial drug test" means a sensitive, rapid, and reliable procedure
to identify negative and presumptive positive specimens. All initial tests
shall use an immunoassay procedure or an equivalent, or shall use a more
accurate scientifically accepted method approved by the Department of
Health and Rehabilitative Services as such more accurate technology
becomes available in a cost-effective form.
(d) "Confirmation test," "confirmed test," or "confirmed drug test"
means a second analytical procedure used to identify the presence of a
specific drug or metabolite in a specimen. The confirmation test must be
different in scientific principle from that of the initial test procedure. This
confirmation method must be capable of providing requisite specificity,
sensitivity, and quantitative accuracy.
(e) "Chain of custody" refers to the methodology of tracking specified
materials or substances for the purpose of maintaining control and
accountability from initial collection to final disposition for all such
materials or substances and providing for accountability at each stage in
handling, testing, and storing specimens and reporting test results.
(f) "Job applicant" means a person who has applied for a position with
an employer and has been offered employment conditioned upon
successfully passing a drug test.
(g) "Employee" means any person who works for salary, wages, or other
remuneration for an employer.
(h) "Employer" means a person or entity that employs a person and
that is covered by the Workers' Compensation Law.

13

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(i) "Prescription or nonprescription medication" means a drug or
medication obtained pursuant to a prescription as defined by s. 893.02 or
a medication that is authorized pursuant to federal or state law for general
distribution and use without a prescription in the treatment of human
diseases, ailments, or injuries.
(j) "Reasonable suspicion drug testing" means drug testing based on a
belief that an employee is using or has used drugs in violation of the
employer's policy drawn from specific objective and articulable facts and
reasonable inferences drawn from those facts in light of experience. Among
other things, such facts and inferences may be based upon:
1. Observable phenomena while at work, such as direct observation of
drug use or of the physical symptoms or manifestations of being under the
influence of a drug.
2. Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance.
3. A report of drug use, provided by a reliable and credible source,
which has been independently corroborated.
4. Evidence that an individual has tampered with a drug test during his
employment with the current employer.
5. Information that an employee has caused, or contributed to, an
accident while at work.
6. Evidence that an employee has used, possessed, sold, solicited, or
transferred drugs while working or while on the employer's premises or
while operating the employer's vehicle, machinery, or equipment.
(k) "Specimen" means tissue, hair, or product of the human body
capable of revealing the presence of drugs or their metabolites.
"(1) "Employee assistance program" means an established program for
employee assessment, counseling, and possible referral to an alcohol and
drug rehabilitation program.
(2) DRUG TESTING.-All drug testing conducted by employers shall
be in conformity with the standards established in this section and all
applicable rules adopted pursuant to this section. However, employers
shall not have a legal duty under this section to request an employee or job
applicant to undergo drug testing.
(3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.-Prior to
testing, all employees and job applicants for employment must be given a
written policy statement from the employer which contains:
(a) A general statement of the employer's policy on employee drug use,
which shall identify:
1. The types of testing an employee or job applicant may be required
to submit to, including reasonable suspicion or other basis; and
2. The actions the employer may take against an employee or job
applicant on the basis of a positive confirmed drug test result.

pursuant to rules adopted by the Department of Labor and Employment
Security.
(h) A statement informing the employee or job applicant of his
responsibility to notify the laboratory of any administrative or civil action
brought pursuant to this section.
(i) A list of all drugs for which the employer will test, described by
brand names or common names, as applicable, as well as by chemical
names.
(j) A statement regarding any applicable collective bargaining
agreement or contract and the right to appeal to the Public Employees
Relations Commission or applicable court.
(k) A statement notifying employees and job applicants of their right
to consult the testing laboratory for technical information regarding
prescription and nonprescription medication.
(1) An employer not having a drug testing program shall ensure that at
least 60 days elapse between a general one-time notice to all employees that
a drug testing program is being implemented and the beginning of actual
drug testing. An employer having a drug testing program in place prior to
the effective date of this section is not required to provide a 60-day notice
period.
(m) An employer shall include notice of drug testing on vacancy
announcements for those positions for which drug testing is required. A
notice of the employer's drug testing policy must also be posted in an
appropriate and conspicuous location on the employer's premises, and
copies of the policy must be made available for inspection by the general
public during regular business hours in the employer's personnel office or
other suitable locations.
(4) TYPES OF TESTING.-An employer is required to conduct the
following types of drug tests in order to qualify for the discounts provided
under s. 627.0915:
(a) Job applicant testing.-An employer must require job applicants to
submit to a drug test and may use a refusal to submit to a drug test or a
positive confirmed drug test as a basis for refusal to hire the job applicant.
(b) Reasonable suspicion.-An employer must require an employee to
submit to reasonable suspicion drug testing.
(c) Routine fitness for duty.-An employer must require an employee
to submit to a drug test if the test is conducted as part of a routinely
scheduled employee fitness-for-duty medical examination that is part of
the employer's established policy or that is scheduled routinely for all
members of an employment classification or group.
(d) Follow-up testing.-If the employee in the course of employment
enters an employee assistance program for drug-related problems, or an
alcohol and drug rehabilitation program, the employer must require the
employee to submit to a drug test as a followup to such program, and on
a quarterly, semiannual, or annual basis for up to 2 years thereafter.
/(5)TT%4- 1 UT-U 1 T %T15 nAINK uTTJ1RMXTLUeN 7 "T% T-119uMTl fr TulNX T-AI11

() Yl 4OCkEDUlE AND lEMYLUYkEE k'IRJ'IEU'I'IN.--AI
of this section, performed in accordance with the following procedures:

(c) A general statement concerning confidentiality.
(d) Procedures for employees and job applicants to confidentially
report the use of prescription or nonprescription medications both before
and after being tested. Additionally, employees and job applicants shall
receive notice of the most common medications by brand name or common
name, as applicable, as well as by chemical name, which may alter or affect
a drug test. A list of such medications as developed by the Department of
Health and Rehabilitative Services shall be available to employers through
the Division of Workers' Compensation of the Department of Labor and
Employment Security.
(e) The consequences of refusing to submit to a drug test.
(f) Names, addresses, and telephone numbers of employee assistance
programs and local alcohol and drug rehabilitation programs.
(g) A statement that an employee or job applicant who receives a
positive confirmed drug test result may contest or explain the result to the
employer within 5 working days after written notification of the positive
test result. If an employee's or job applicant's explanation or challenge is
unsatisfactory to the employer, the person may contest the drug test result

(a) A sample shall be collected with due regard to the privacy of the
individual providing the sample, and in a manner reasonably calculated to
prevent substitution or contamination of the sample.
(b) Specimen collection shall be documented, and the documentation
procedures shall include:
1. Labeling of specimen containers so as to reasonably preclude the
likelihood of erroneous identification of test results.
2. A form for the employee or job applicant to provide any information
he considers relevant to the test, including identification of currently or
recently used prescription or nonprescription medication or other relevant
medical information. Such form shall provide notice of the most common
medications by brand name or common name, as applicable, as well as by
chemical name, which may alter or affect a drug test. The providing of
information shall not preclude the administration of the drug test, but shall
be taken into account in interpreting any positive confirmed results.
(c) Specimen collection, storage, and transportation to the testing site
shall be performed in a manner which will reasonably preclude specimen
contamination or adulteration.

January 22, 1991

14

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(d) Each initial and confirmation test conducted under this section, not
including the taking or collecting of a specimen to be tested, shall be
conducted by a licensed laboratory as described in subsection (9).
(e) A specimen for a drug test may be taken or collected by any of the
following persons:
1. A physician, a physician assistant, a registered professional nurse, a
licensed practical nurse, or a nurse practitioner or a certified paramedic
who is present at the scene of an accident for the purpose of rendering
emergency medical service or treatment.
2. A qualified person employed by a licensed laboratory.
(f) A person who collects or takes a specimen for a drug test conducted
pursuant to this section shall collect an amount sufficient for two drug tests
as determined by the Department of Health and Rehabilitative Services.
(g) Every specimen that produces a positive confirmed result shall be
preserved by the licensed laboratory that conducts the confirmation test
for a period of at least 210 days after the results of the positive
confirmation test are mailed or otherwise delivered to the employer.
However, if an employee or job applicant undertakes an administrative or
legal challenge to the test result, the employee or job applicant shall notify
the laboratory and the sample shall be retained by the laboratory until the
case or administrative appeal is settled. During the 180-day period after
written notification of a positive test result, the employee or job applicant
who has provided the specimen shall be permitted by the employer to have
a portion of the specimen retested, at the employee's or job applicant's
expense, at another laboratory, licensed and approved by the Department
of Health and Rehabilitative Services, chosen by the employee or job
applicant. The second laboratory must test at equal or greater sensitivity
for the drug in question as the first laboratory. The first laboratory which
performed the test for the employer shall be responsible for the transfer
of the portion of the specimen to be retested, and for the integrity of the
chain of custody during such transfer.
(h) Within 5 working days after receipt of a positive confirmed test
result from the testing laboratory, an employer shall inform an employee
or job applicant in writing of such positive test result, the consequences of
such results, and the options available to the employee or job applicant.
(i) The employer shall provide to the employee or job applicant, upon
request, a copy of the test results.
(j) Within 5 working days after receiving notice of a positive confirmed
test result, the employee or job applicant may submit information to an
employer explaining or contesting the test results, and why the results do
not constitute a violation of the employer's policy.
(k) If an employee's or job applicant's explanation or challenge of the
positive test results is unsatisfactory to the employer, a written explanation
as to why the employee's or job applicant's explanation is unsatisfactory,
along with the report of positive results, shall be provided by the employer
to the employee or job applicant; and all such documentation shall be kept
confidential by the employer pursuant to subsection (8) and shall be
retained by the employer for at least 1 year.
(1) No employer may discharge, discipline, refuse to hire, discriminate
against, or request or require rehabilitation of an employee or job applicant
on the sole basis of a positive test result that has not been verified by a
confirmation test.
(m) An employer who performs drug testing or specimen collection
shall use chain-of-custody procedures as established by the Department of
Health and Rehabilitative Services to ensure proper recordkeeping,
handling, labeling, and identification of all specimens to be tested.
(n) An employer shall pay the cost of all drug tests, initial and
confirmation, which he requires of employees.
(o) An employee or job applicant shall pay the costs of any additional
drug tests not required by the employer.
(p) No employer shall discharge, discipline, or discriminate against an
employee solely upon the employee's voluntarily seeking treatment, while
under the employ of the employer, for a drug-related problem if the
employee has not previously tested positive for drug use, entered an

employee assistance program for drug-related problems, or entered an
alcohol and drug rehabilitation program.

January 22, 1991

(b) Employers, laboratories, employee assistance programs, drug and
alcohol rehabilitation programs, and their agents who receive or have
access to information concerning drug test results shall keep all
information confidential. Release of such information under any other
circumstance shall be solely pursuant to a written consent form signed

E OF REPRESENTATIVES 15

(q) If testing is conducted based on reasonable suspicion, the employer
shall promptly detail in writing the circumstances which formed the basis
of the determination that reasonable suspicion existed to warrant the
testing. A copy of this documentation shall be given to the employee upon
request and the original documentation shall be kept confidential by the
employer pursuant to subsection (8) and shall be retained by the employer
for at least 1 year.
(6) CONFIRMATION TESTING.-
(a) If an initial drug test is negative, the employer may in its sole
discretion seek a confirmation test.
(b) Only licensed laboratories as described in subsection (9) shall
conduct confirmation drug tests.
(c) All positive initial tests shall be confirmed using gas
chromatography/mass spectrometry (GC/MS) or an equivalent or more
accurate scientifically accepted method approved by the Department of
Health and Rehabilitative Services as such technology becomes available
in a cost-effective form.
(7) EMPLOYER PROTECTION.-
(a) No employee or job applicant whose drug test result is confirmed
as positive in accordance with the provisions of this section shall, by virtue
of the result alone, be defined as a person having a "handicap" as cited in
the 1973 Rehabilitation Act.
(b) An employer who discharges or disciplines an employee or refuses
to hire a job applicant in compliance with this section shall be considered
to have discharged, disciplined, or refused to hire for cause.
(c) No physician-patient relationship is created between an employee
or job applicant and an employer or any person performing or evaluating
a drug test, solely by the establishment, implementation, or administration
of a drug testing program.
(d) Nothing in this section shall be construed to prevent an employer
from establishing reasonable work rules related to employee possession,
use, sale, or solicitation of drugs, including convictions for drug-related
offenses, and taking action based upon a violation of any of those rules.
(e) Nothing in this section shall be construed to operate retroactively,
and nothing in this section shall abrogate the right of an employer under
state law to conduct drug tests, or implement employee drug testing
programs, prior to October 1, 1990; however, only those programs that meet
the criteria outlined in this section qualify for reduced rates under s.
627.0915.
(f) If an employee or job applicant refuses to submit to a drug test, the
employer shall not be barred from discharging or disciplining the employee
or from refusing to hire the job applicant. However, nothing in this
paragraph shall abrogate the rights and remedies of the employee or job
applicant as otherwise provided in this section.
(g) Nothing in this section shall be construed to prohibit an employer
from conducting medical screening or other tests required by any statute,
rule, or regulation for the purpose of monitoring exposure of employees to
toxic or other unhealthy substances in the workplace or in the performance
of job responsibilities. Such screening or tests shall be limited to the
specific substances expressly identified in the applicable statute, rule, or
regulation, unless prior written consent of the employee is obtained for
other tests.
(8) CONFIDENTIALITY.-The provisions of s. 119.07 to the contrary
notwithstanding:
(a) All information, interviews, reports, statements, memoranda, and
drug test results, written or otherwise, received by the employer through
a drug testing program are confidential communications and may not be
used or received in evidence, obtained in discovery, or disclosed in any
public or private proceedings, except in accordance with this section or in
determining compensability under this chapter.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

voluntarily by the person tested, unless such release is compelled by a
hearing officer or a court of competent jurisdiction pursuant to an appeal
"taken under this section, or unless deemed appropriate by a professional
or occupational licensing board in a related disciplinary proceeding. The
consent form must contain, at a minimum:
1. The name of the person who is authorized to obtain the information.
2. The purpose of the disclosure.
3. The precise information to be disclosed.
4. The duration of the consent.
5. The signature of the person authorizing release of the information.
(c) Information on drug test results shall not be released or used in any
criminal proceeding against the employee or job applicant. Information
released contrary to this section shall be inadmissible as evidence in any
such criminal proceeding.
(d) Nothing herein shall be construed to prohibit the employer, agent
of the employer, or laboratory conducting a drug test from having access
to employee drug test information when consulting with legal counsel in
connection with actions brought under or related to this section or when
the information is relevant to its defense in a civil or administrative matter.
(9) DRUG TESTING STANDARDS; LABORATORIES.-
(a) No laboratory may analyze initial or confirmation drug specimens
unless:
1. The laboratory is licensed and approved by the Department of
Health and Rehabilitative Services using criteria established by the
National Institute on Drug Abuse as guidelines for modeling the state drug
testing program pursuant to this section.
2. The laboratory has written procedures to ensure the chain of
custody.
3. The laboratory follows proper quality control procedures, including,
but not limited to:
a. The use of internal quality controls including the use of samples of
known concentrations which are used to check the performance and
calibration of testing equipment, and periodic use of blind samples for
overall accuracy.
b. An internal review and certification process for drug test results,
conducted by a person qualified to perform that function in the testing
laboratory.
c. Security measures implemented by the testing laboratory to
preclude adulteration of specimens and drug test results.
d. Other necessary and proper actions taken to ensure reliable and
accurate drug test results.
(b) A laboratory shall disclose to the employer a written test result
report within 7 working days after receipt of the sample. All laboratory
reports of a drug test result shall, at a minimum, state:
1. The name and address of the laboratory which performed the test
and the positive identification of the person tested.
2. Positive results on confirmation tests only, or negative results, as
applicable.
3. A list of the drugs for which the drug analyses were conducted.
4. The type of tests conducted for both initial and confirmation tests
and the minimum cutoff levels of the tests.
5. Any correlation between medication reported by the employee or job
applicant pursuant to subparagraph (5)(b)2. and a positive confirmed drug
test result.
No report shall disclose the presence or absence of any drug other than a
specific drug and its metabolites listed pursuant to this section.
(c) The laboratory shall submit to the Department of Health and
Rehabilitative Services a monthly report with statistical information

regarding the testing of employees and job applicants. The report shall
include information on the methods of analyses conducted, the drugs
tested for, the number of positive and negative results for both initial and

confirmation tests, and any other information deemed appropriate by the
Department of Health and Rehabilitative Services. No monthly report
shall identify specific employees or job applicants.
(d) Laboratories shall provide technical assistance to the employer,
employee, or job applicant for the purpose of interpreting any positive
confirmed test results which could have been caused by prescription or
nonprescription medication taken by the employee or job applicant.
(10) RULES.-
(a) The Department of Labor and Employment Security shall adopt
rules using rules adopted by the Department of Health and Rehabilitative
Services pursuant to s. 112.0455 and criteria established by the National
Institute on Drug Abuse as guidelines for modeling the state drug testing
program, concerning, but not limited to:
1. Standards for drug testing laboratory licensing and suspension and
revocation of a license.
2. Body specimens and minimum specimen amounts which are
appropriate for drug testing.
3. Methods of analysis and procedures to ensure reliable drug testing
results, including standards for initial tests and confirmation tests.
4. Minimum cutoff detection levels for drugs or their metabolites for
the purposes of determining a positive test result.
5. Chain-of-custody procedures to ensure proper identification,
labeling, and handling of specimens being tested.
6. Retention, storage, and transportation procedures to ensure reliable
results on confirmation tests and retests.
(b) This section shall not be construed to eliminate the bargainable
rights as provided in the collective bargaining process if applicable.
Section 14. Subsection (1) of section 440.11, Florida Statutes, 1990
Supplement, is reenacted to read:
440.11 Exclusiveness of liability.-
(1) The liability of an employer prescribed in s. 440.10 shall be
exclusive and in place of all other liability of such employer to any third-
party tortfeasor and to the employee, the legal representative thereof,
husband or wife, parents, dependents, next of kin, and anyone otherwise
entitled to recover damages from such employer at law or in admiralty on
account of such injury or death, except that if an employer fails to secure
payment of compensation as required by this chapter, an injured employee,
or the legal representative thereof in case death results from the injury,
may elect to claim compensation under this chapter or to maintain an
action at law or in admiralty for damages on account of such injury or
death. In such action the defendant may not plead as a defense that the
injury was caused by negligence of a fellow employee, that the employee
assumed the risk of the employment, or that the injury was due to the
comparative negligence of the employee. The same immunities from
liability enjoyed by an employer shall extend as well to each employee of
the employer when such employee is acting in furtherance of the
employer's business and the injured employee is entitled to receive benefits
under this chapter. Such fellow-employee immunities shall not be
applicable to an employee who acts, with respect to a fellow employee, with
willful and wanton disregard or unprovoked physical aggression or with
gross negligence when such acts result in injury or death or such acts
proximately cause such injury or death, nor shall such immunities be
applicable to employees of the same employer when each is operating in
the furtherance of the employer's business but they are assigned primarily
to unrelated works within private or public employment. The same
immunity provisions enjoyed by an employer shall also apply to any sole
proprietor, partner, corporate officer or director, supervisor, or other
person who in the course and scope of his duties acts in a managerial or
policymaking capacity and the conduct which caused the alleged injury
arose within the course and scope of said managerial or policymaking
duties and was not a violation of a law, whether or not a violation was
charged, for which the maximum penalty which may be imposed exceeds
60 days imprisonment as set forth in s. 775.082.

Section 15. Subsection (1) of section 440.12, Florida Statutes, 1990
Supplement, is reenacted to read:

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January 22, 1991

JOURNAL OF THE HOUSE OF REPRESENTATIVES

440.12 Time for commencement and limits on weekly rate of
compensation.-
(1) No compensation shall be allowed for the first 7 days of the
disability, except benefits provided for in s. 440.13. However, if the injury
results in disability of more than 21 days, compensation shall be allowed
from the commencement of the disability. All weekly compensation
payments, except for the first payment, shall be paid by check.
Section 16. Section 440.13, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.13 Medical services and supplies; penalty for violations;
limitations.-
(1) As used in this section, the term:
(a) "Health care facility" means any hospital licensed under chapter
395 and any health care institution licensed under chapter 400.
(b) "Health care provider" means a physician or any recognized
practitioner who provides skilled services pursuant to the prescription of
or under the supervision or direction of a physician.
(c) "Independent medical examination" means an objective medical or
chiropractic evaluation of the injured employee's medical condition and
work status.
(d) "Medically necessary" means any service or supply used to identify
or treat an illness or injury which is appropriate to the patient's diagnosis,
consistent with the location of service and with the level of care provided.
The service should be widely accepted by the practicing peer group, should
be based on scientific criteria, and should be determined to be reasonably
safe. The service may not be of an experimental, investigative, or research
nature, except in those instances in which prior approval of the division has
been obtained. The division shall promulgate rules providing for such
approval on a case-by-case basis when the procedure is shown to have
significant benefits to the recovery and well-being of the patient.
(e) "Medicines" means drugs prescribed by an authorized health care
provider and includes only generic drugs or single-source patented drugs
for which there is no generic equivalent, unless the authorized health care
provider writes or states that the brand name as defined in s. 465.025 is
medically necessary.
(f) "Peer review" means an evaluation by a peer review committee, after
utilization review, of the appropriateness, quality, and cost of health care
and health services provided a patient, based on medically accepted
standards.
(g) "Peer review committee" means a committee composed of
physicians licensed under the same authority as the physician who
rendered the services being reviewed.
(h) "Physician" means a physician licensed under chapter 458, an
osteopath licensed under chapter 459, a chiropractor licensed under
chapter 460, a podiatrist licensed under chapter 461, an optometrist
licensed under chapter 463, or a dentist licensed under chapter 466.
(i) "Utilization review" means the evaluation of appropriateness in
terms of both the level and the quality of health care and health services
provided a patient, based on medically accepted standards. Such
evaluation shall be accomplished by means of a system which identifies the
utilization of medical services, based on medically accepted standards, and
which refers instances of possible inappropriate utilization to the division
for referral to a peer review committee or to obtain opinions and
recommendations of expert medical consultants, with similar
qualifications as those providing the care under review, recommended by
the division and approved by the three-member panel referred to in
paragraph (4)(a) to review individual cases for which administrative action
may be deemed necessary. Utilization review also includes reviewing cases
where medical costs exceed $20,000, reviewing requests for sequential
health care by different medical care providers, and reviewing disputes
between health care providers and reimbursement sources concerning
interpretation of the schedules of maximum reimbursement allowances
and coding procedures under said allowances.

(2)(a) Subject to the limitations specified in s. 440.19(1)(b), the
employer shall furnish to the employee such medically necessary remedial
treatment, care, and attendance by a health care provider and for such

period as the nature of the injury or the process of recovery may require,
including medicines, medical supplies, durable medical equipment,
orthoses, prostheses, and other medically necessary apparatus. However,
no health care provider may refer the employee to another health care
provider, diagnostic facility, pain program, work hardening program,
therapy center, or other facility without the prior authorization from the
carrier or the employer if self-insured except in cases where emergency care
is required.
(b) The right to conduct an independent medical examination
includes, but is not limited to, instances when the authorized treating
physician has not provided current medical reports; determining whether
overutilization by a health care provider has occurred; whether a change
in health care provider is necessary; or whether treatment is necessary or
the employee appears not to be making appropriate progress in
recuperation. The employer or carrier has the right to schedule an
independent medical examination with a health care provider of its choice,
at a reasonable time to assist in determining this status. The health care
provider performing the independent medical examination shall not be the
health care provider to provide the treatment or followup care, unless the
carrier or self-insurer and the employee so agree or unless an emergency
exists.
(c) Overutilization review shall be by physicians licensed under the
same licensing chapter as the physician reviewed. Overutilization of health
care shall be a basis for deauthorizing such care without order of the judge
of compensation claims, provided a determination has been made as
provided in this section and alternate medical care has been offered by the
employer or carrier. Findings of overutilization as provided in this section
shall presumptively establish, in the absence of substantial and compelling
evidence to the contrary, that such treatment is not in the best interest of
the injured employee. A physician shall be barred from payment under this
chapter for treatment of injured employees upon three findings of
overutilization. Any list of health care providers developed by a carrier, not
including pharmacists, from which health care providers are selected to
provide remedial treatment, care, and attendance shall include
representation of each type of health care provider defined in s.
440.13(3)(d)l.d., Florida Statutes, 1981, and shall not discriminate against
any of the types of health care providers as a class.
(d) If the employer fails to provide such treatment, care, and
attendance after request by the injured employee, the employee may do so
at the expense of the employer, the reasonableness and the necessity to be
approved by a judge of compensation claims. The employee shall not be
entitled to recover any amount personally expended for such treatment or
service unless he has requested the employer to furnish the same and the
employer has failed, refused, or neglected to do so or unless the nature of
the injury required such treatment, nursing, and services and the employer
or the superintendent or foreman thereof, having knowledge of such injury,
has neglected to provide the same. Nor shall any claim for medical,
surgical, or other remedial treatment be valid and enforceable unless,
within 14 days following the first treatment, except in cases where first-aid
only is rendered, within 14 days following the date of maximum medical
improvement or the date of final treatment, and at such intervals as the
division by regulation may prescribe, the health care provider or health
care facility giving such treatment or treatments furnishes to the employer,
or to the carrier if the employer is not self-insured, a report of such injury
and treatment on forms prescribed by the division; however, a judge of
compensation claims, for good cause, may excuse the failure of the health
care provider or health care facility to furnish any report within the period
prescribed and may order the payment to such employee of such
remuneration for treatment or service rendered as the judge of
compensation claims finds equitable. Along with such reports, the health
care provider shall furnish a sworn statement that the treatment or services
rendered were reasonable and necessary with respect to the bodily injury
sustained. The sworn statement shall read as follows: "Under penalty of
perjury, I declare that I have read the foregoing; that the facts alleged are
true, to the best of my knowledge and belief; and that the treatment and
services rendered were reasonable and necessary with respect to the bodily
injury sustained."
(e) Each medical report or bill obtained or received by the employer,

the carrier, or the injured employee, or the attorney for any of them, with
respect to the remedial treatment, care, and attendance of the injured

January 22, 1991

17

18 JOURNAL OF THE HOUSE

employee, including any report of an examination, diagnosis, or disability
evaluation, shall be filed with the Division of Workers' Compensation by
a deadline specified by the division and pursuant to rules adopted by the
division. The health care provider or health care facility shall also furnish
to the injured employee, or to his attorney, on demand, a copy of his office
chart, records, and reports and may charge the injured employee an
amount authorized by the division for the copies. Each such health care
provider or health care facility shall provide to the division such additional
information with respect to the remedial treatment, care, and attendance
that the division may reasonably request as part of its investigation of a
claim filed by an injured worker for benefits under this chapter.
Notwithstanding the limitations in s. 455.241 and subject to the limitations
in s. 381.609, upon the request of the employer, the carrier, the attorney
for either of them, or the rehabilitation provider, the medical records of an
injured employee shall be furnished to such persons and the medical
condition of the injured employee shall be discussed with such persons,
provided the records and the discussions are restricted to conditions
relating to the workplace injury or to situations where the employer or
carrier has reason to believe there is a probable basis for filing a claim
against the Special Disability Trust Fund as a result of such injury and the
employee or his attorney has been furnished a copy of such claim. No
records so provided or discussions held pursuant to this exemption, or any
information contained therein, shall be disclosed to any other person, nor
shall the same be discoverable in any civil or criminal action.
(f) The employer shall provide appropriate professional or
nonprofessional custodial care when the nature of the injury so requires
and is performed at the direction and control of a physician. A physician
must state that home or custodial care is necessary as a result of the
accident and must describe with a reasonable degree of particularity the
nature and extent of the duties to be performed. Family members may not
be paid for such care unless prescribed by a physician and may only be
compensated for such services which go beyond the scope of household
duties performed gratuitously by a family member. "Attendant or custodial
care" means care usually rendered by trained professional attendants and
beyond the scope of household duties.
(g) The value of nonprofessional attendant or custodial care provided
by a family member shall be determined as follows:
1. If the family member is not employed, the per hour value shall be
that of the federal minimum wage.
2. If the family member is employed and elects to leave that
employment to provide attendant or custodial care, the per hour value of
that care shall be at the per hour value of such family member's former
employment, not to exceed the per hour value of such care available in the
community at large. In no event shall a family member or a combination
of family members providing nonprofessional attendant or custodial care
pursuant to this paragraph be compensated for more than a total of 12
hours per day.
"Family member" is defined for purposes of this subsection to be a spouse,
father, mother, brother, sister, child, grandchild, father-in-law, mother-in-
law, aunt, or uncle.
(h) The division shall adopt rules governing the manner, means, and
requirements for utilization review by all carriers and self-insurers. The
division shall also define the procedures to be followed by carriers and self-
insurers who identify cases of overutilization or improper utilization.
Failure to implement utilization review procedures by a carrier or self-
insurer shall be grounds for certification to the Department of Insurance.
The division shall also review utilization review procedures and findings
during carrier practice audits to ensure that carriers and self-insurers have
adequate utilization review programs and that such programs are actively
implemented.
(i)1. The division shall conduct individual claimant reviews and
random sample reviews of health care providers, and shall also resolve
reimbursement disputes based on criteria to be established by rule. Upon
receipt of a request for an individual claimant review based on a charge of

overutilization or improper utilization, the division shall respond to the
requesting party within 30 days. The response shall advise that either the
division finds there is no basis for the requesting party's charge, or that the
division has forwarded the request for review to the peer review committee
and the division's medical consultant. If the peer review committee and

I

or other attendant or remedial treatment, nursing or hospital care, or any
other service that the sick or injured employee may require; and any
employer or representative of any insurance company or insurer who
violates this provision is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083. The health care provider

SOF REPRESENTATIVES January 22, 1991

medical consultant disagree, the division shall refer the review request to
a second medical consultant. The two opinions in agreement shall
determine the disposition of the review request.
2. Upon receipt of a request to resolve a reimbursement dispute, the
division shall provide to the requesting party, the employer, and the
carrier, within 60 days, a written determination of whether the employer
or carrier properly complied with reimbursement policies of this chapter
and the applicable schedule of maximum reimbursement allowances.
3.a. If there is disagreement in the opinions of the health care
providers, if two health care providers have determined that there is no
medical evidence to support the claimant's complaints or the need for
additional medical treatment, or if two health care providers agree that the
employee is able to return to work, then within 15 days after receipt of the
written request of the injured employee, employer, or the carrier, the judge
of compensation claims shall order the injured employee to be evaluated
by an appropriate health care provider from a list provided by the division.
The opinion of the health care provider shall be presumed correct unless
there is clear and convincing evidence to the contrary as determined by the
judge of compensation claims. The medical issues in the evaluation may
include the following: whether the injured employee is able to perform any
gainful employment temporarily or permanently; what physical
restrictions, if any, would be imposed on the employee's employment;
whether the injured employee has reached maximum medical
improvement; the existence and extent of any permanent physical
impairment; and the reasonableness and necessity of any medical
treatment previously provided, or to be provided, to the injured employee.
The health care provider appointed to conduct the evaluation shall have
free and complete access to the medical records of the employee. All
indemnity benefits shall terminate during any period in which an employee
fails to report to and cooperate with such evaluation.
b. There shall not be monetary liability on the part of, and no cause of
action for damages shall arise against, a health care provider rendering an
evaluation under this subsection, without a showing of fraud or malice.
c. Upon the completion of the evaluation by the health care provider,
a report shall be sent to the judge of compensation claims within 30 days
after the order appointing the health care provider. A copy of the report
shall also be furnished to the carrier, self-insurer, or employer, if self-
insured. For the purpose of determining entitlement to attorney's fees
pursuant to s. 440.34, receipt of notice of the claim shall begin to run upon
receipt of the medical report submitted by the evaluating health care

provider by the carrier or by the employer, if self-insured.
(j) An employer, carrier, self-insurer, health care provider, or
rehabilitation provider shall not refer, for medical care, rehabilitation, or
other services under this chapter, an injured worker to any entity in which
the employer, carrier, self-insurer, health care provider, or rehabilitation
provider has a financial or ownership interest without disclosing to the
employer and the employee in writing the nature of such interest prior to
the referral.
(k) Any health care provider who gives a deposition shall be allowed a
witness fee. The amount charged by such witness may not exceed $200.
This limitation does not apply to an expert witness who has never provided
direct professional services to a party or has provided only direct
professional services which were unrelated to the workers' compensation
case.
(3) If an injured employee objects to the medical attendance furnished
by the employer pursuant to subsection (2), it shall be the duty of the
employer to select another physician to treat the injured employee unless
a judge of compensation claims determines that a change in medical
attendance is not for the best interests of the injured employee; however,
a judge of compensation claims may at any time, for good cause shown, in
the judge of compensation claims' discretion, order a change in such
remedial attention, care, or attendance. It is unlawful for any employer or
representative of any insurance company or insurer to coerce or attempt
to coerce a sick or injured employee in the selection of a physician, surgeon,

JOURNAL OF THE HOUSE

or health care facility providing services pursuant to this section shall be
paid for the services solely by the employer or its insurance carrier, except
for payments from third parties who have been determined to be liable for
such payment. Subject to the provisions of paragraph (2)(d), the employee
is not liable for payment for treatment or services provided pursuant to this
section.
(4)(a) A three-member panel is created, consisting of the Insurance
Commissioner and two members to be appointed by the Governor, subject
to confirmation by the Senate, one member who, on account of previous
vocation, employment, or affiliation, shall be classified as a representative
of employers, the other member who, on account of previous vocation,
employment, or affiliation, shall be classified as a representative of
employees. The panel shall determine schedules of maximum
reimbursement allowances for such medically necessary remedial
treatment, care, and attendance. On or before January 1, 1991, the three-
member panel shall adopt a schedule of maximum reimbursement
allowances for physician charges, which shall provide that maximum
reimbursement allowances shall not exceed 95 percent of the 50th
percentile of the physician charges used to establish the 1988 Schedule of
Maximum Reimbursement. The maximum reimbursement allowances of
such schedule shall not be increased for at least 2 years following adoption.
Subsequent schedules of maximum reimbursement for physician charges
shall not exceed 95 percent of the 50th percentile of physician charges
entered into the division's data base of medical charge data. An individual
health care provider or physician shall be reimbursed either his usual and
customary charge for treatment, care, and attendance or the maximum
reimbursement allowance in the schedule, whichever is less.
(b) The three-member panel shall adopt a schedule of maximum
reimbursement allowances for ambulatory surgical center charges
pursuant to the following:
1. All ambulatory surgical centers shall submit charge data to the
division on a form and in a manner prescribed by the division. The division
shall enter such data into its data base of medical charge data.
2. The division shall identify those ambulatory surgical center charges
which constitute 80 percent of the most frequently incurred charges, which
shall be contained in the schedule of maximum reimbursement allowances
for ambulatory surgical centers.
3. The division shall prepare arrays of ambulatory surgical center
charges to be included in the schedule and shall identify the values for the
50th percentile.
4. The division shall submit the arrays to the three-member panel no
later than March 1, 1991, and by March 1 of each subsequent year. The
three-member panel shall review the arrays within 30 days of receipt and
shall approve a schedule of maximum reimbursement allowances based on
80 percent of the 50th percentile, which will be effective July 1, 1991, and
July 1 of each subsequent year.
5. Effective July 1, 1991, if the usual and customary charge is equal to
or less than 80 percent of the 50th percentile, the reimbursement shall be
at 80 percent of the 50th percentile or 80 percent of the usual and
customary charge, whichever is less. If the usual and customary charge is
greater than the amount represented by 80 percent of the 50th percentile,
charges shall be reimbursed at 80 percent of the 50th percentile or 65
percent of the usual and customary charge, whichever is greater.
Reimbursement of a compensable ambulatory surgical center charge not
itemized in the schedule of maximum reimbursement allowances shall be
at 70 percent of the ambulatory surgical center's usual and customary
charge. Until the three-member panel approves a schedule of maximum
reimbursement allowances, all medically necessary compensable
ambulatory surgical center charges shall be reimbursed at 80 percent of
their usual and customary charge.
(c) No later than August 1, 1990, all hospitals shall submit to the
division the price list masters which were in effect on January 1, 1990. The
division shall review a random sample of hospital charges received in order
to determine at least 250 of the most frequently incurred hospital charges
for treatment of injured employees pursuant to this chapter. The division

shall prepare arrays of hospital charges from the price list masters for at
least 250 of the most frequently incurred charges and shall identify the
values for the 50th percentile. The division shall submit the arrays to the

January 22, 1991

3. The schedule of maximum reimbursement for work hardening
centers and pain programs shall be effective no later than January 1, 1992.
Reimbursement of a compensable charge not specifically itemized in the
applicable schedule shall be at 70 percent of the usual and customary
charge. Until the three-member panel adopts a schedule of maximum

E OF REPRESENTATIVES 19

three-member panel no later than October 1, 1990. The three-member
panel shall review the arrays within 30 days of receipt and shall approve
a schedule of maximum reimbursement allowances based on 80 percent of
the 50th percentile which will be effective January 1, 1991. Effective
January 1, 1991, if the usual and customary charge is equal to or less than
80 percent of the 50th percentile, the reimbursement shall be at 80 percent
of the 50th percentile or 80 percent of the usual and customary charges,
whichever is less. If the usual and customary charge is greater than the
amount represented by 80 percent of the 50th percentile, charges shall be
reimbursed at 80 percent of the 50th percentile or 65 percent of the usual
and customary charge, whichever is greater. Reimbursement of a
compensable hospital charge not itemized in the schedule of maximum
reimbursement allowances shall be at 70 percent of the hospital's usual and
customary charge.
Notwithstanding the above, compensable charges for trauma centers, as
defined in s. 395.031, and for emergency services and care, as defined in s.
395.0142, shall be reimbursed at 80 percent of the usual and customary
charge from July 1, 1990, through December 31, 1991. Effective January
1, 1992, the schedule of maximum reimbursement allowances shall include
at least 250 of the most frequently incurred charges for hospitals,
emergency services and care, and trauma centers. Effective January 1,
1992, reimbursement of compensable charges for emergency services and
care and trauma centers not itemized in the schedule of maximum
reimbursement allowances shall be at 70 percent of the usual and
customary charge. Until the three-member panel approves a schedule of
maximum reimbursement allowances and it becomes effective, all
medically necessary compensable hospital charges shall be reimbursed at
75 percent of their usual and customary charge. The division shall develop
a data base of at least 250 of the most frequently incurred charges for
hospitals, emergency services and care, and trauma centers contained in
the schedule of maximum reimbursement allowances. Beginning July 1,
1991, and on an annual basis thereafter, the division shall develop arrays
of at least 250 of the most frequently incurred charges contained in the
schedule of maximum reimbursement allowances from charge data entered
into the division's data base for the previous year, which shall include
charge data for hospitals, trauma centers, and emergency services and care.
The division shall enter the charge data into its data base of medical charge
data to ensure accurate arrays. The three-member panel shall annually
review the data arrays and shall approve a schedule of maximum
reimbursement allowances based on a maximum of 80 percent of the 50th
percentile which shall not reflect an increase greater than the aggregate
maximum allowable rate of increase as defined in s. 407.002(17), and which
shall become effective the subsequent January 1. The three-member panel
may develop two or more schedules of maximum reimbursement
allowances based on groupings of hospitals providing like services.
However, the maximum reimbursement allowances contained in the
schedule of maximum reimbursement allowances for each group shall not
exceed 80 percent of the 50th percentile of that group. Actual
reimbursement of charges shall be as otherwise provided in this section.
(d) The three-member panel shall adopt a schedule of maximum
reimbursement allowances for work hardening program charges and pain
program charges pursuant to the following:
1. All work hardening centers and pain programs shall submit charge
data to the division on a form and in a manner prescribed by the division.
The division shall enter such data into its data base of medical charge data
and identify those charges which constitute 80 percent of the most
frequently incurred charges.
2. The division shall prepare arrays of the charge data for the most
frequently incurred charges and submit them to the three-member panel
no later than August 1, 1991. The three-member panel shall review the
arrays within 30 days of receipt and shall approve a schedule of maximum
reimbursement allowances which is reasonable and which provides for cost
containment. Work hardening center charges and pain program charges
shall be reimbursed at either the usual and customary charge or the
maximum reimbursement allowance in the schedule, whichever is less.

20 JOURNAL OF THE HOUSE:

reimbursement allowances for pain programs and work hardening centers,
all medically necessary charges for pain programs and work hardening
centers shall be at 80 percent of the usual and customary charge.
(e) As to reimbursements for prescription medication, the maximum
reimbursement amount for a prescription shall be the average wholesale
price times 1.2 plus $4.18 for the dispensing fee.
(f) Reimbursement for all fees and other charges for such treatment,
care, and attendance, including treatment, care, and attendance provided
by any hospital or other health care provider, shall not exceed the amounts
provided by the schedules of maximum reimbursement allowances as
determined by the panel or as otherwise provided in this section. In
determining the schedules, the panel shall first approve the bodies of
medical and hospital data which it finds representative of prevailing
charges in the state for such treatment, care, and attendance in the state
for similar treatment, care, and attendance of injured persons. In
determining the schedule for hospitals after January 1, 1987, the panel
shall approve and use charge data submitted by hospitals to the division
and to the Health Care Cost Containment Board where applicable as
representative of charges for the treatment, care, and attendance in the
state of injured persons. Each health care provider, health care facility,
ambulatory surgical center, hospital, pain program, or work hardening
center receiving workers' compensation payments shall maintain records
verifying their usual charges. In establishing the schedules of maximum
reimbursement allowances, the panel shall consider the following:
1. The levels of reimbursement for similar treatment, care, and
attendance made by other health care programs or third-party providers;
2.a. The impact upon cost to employers for providing a level of
reimbursement for treatment, care, and attendance which will ensure the
availability of treatment, care, and attendance required by injured
workers; and
b. The potential change in workers' compensation insurance premiums
or costs attributable to the level of treatment, care, and attendance
provided; and
3. The financial impact of the reimbursement allowances upon health
care providers and health care facilities and its effect upon their ability to
make available to injured workers such medically necessary remedial
treatment, care, and attendance.
The schedules of maximum reimbursement allowances shall be reasonable,
shall promote health care cost containment and efficiency with respect to
the workers' compensation health care delivery system, and shall be
sufficient to ensure availability of such medically necessary remedial
treatment, care, and attendance to injured workers.
(g) Definitions, policies, and procedures contained in the 1988 Edition
of the Florida Workers' Compensation Reimbursement Manual and not
revised, amended, or otherwise addressed by this act, shall remain in effect
until a subsequent edition is promulgated by the division.
(h) The Division of Workers' Compensation of the Department of
Labor and Employment Security is empowered to investigate health care
providers and health care facilities to determine if they are in compliance
with the rules adopted by the division or department or if they are
requiring unjustified treatment, hospitalization, or office visits. If the
division finds that a health care provider or health care facility has made
such excessive charges or required such treatment, services,
hospitalization, or visits, the health care provider or health care facility
may not receive payment under this chapter from a carrier, employer, or
employee for the excessive fees or unjustified treatment, hospitalization,
or visits; furthermore, the health care provider or health care facility is
liable to return to the carrier or self-insurer any such fees or charges
already collected.
(i)l. The division shall develop and implement, or contract with a
qualified entity to develop and implement, utilization review of the
services rendered by a health care provider or a physician, which services
are paid for in whole or in part pursuant to this chapter. Utilization review
shall be accomplished either by request from any interested party or upon

the request of the division. Findings of overutilization shall include
deauthorization of the care under review or denial of payment for services
rendered in the future, or both. During the utilization review process, the
care under review shall continue. Utilization review under this section shall
be exempt from the provisions of chapter 120.

I

(6) An injured employee is entitled, as a part of his remedial treatment,
care, and attendance, to reasonable actual cost of transportation to and
from the doctor's office, hospital, or other place of treatment by the most
economical means of transportation available and suitable in the
individual case. When the employee is entitled to such reimbursement for

- -- -- -- --

E OF REPRESENTATIVES January 22, 1991

2. The division shall contract with a private nonprofit foundation or
nonprofit organization to provide peer review or utilization review, as
appropriate, of health care and physician services rendered pursuant to
this chapter. Under the terms of such contract, the foundation or
organization shall establish and maintain a procedure by which a peer
review committee shall review the services rendered by a health care
provider, physician, or health care facility, which services are paid for in
whole or in part pursuant to this chapter. Such review shall occur upon a
determination by the division that information referred to it by the entity
responsible for utilization review contains reliable information that a
health care provider or health care facility is rendering services in a manner
which may be inappropriate with respect to either the level or the quality
of care. The report and recommendations of the peer review committee
shall be submitted to the division for such action as may be necessary in
accordance with this section.
3. By accepting payment pursuant to this chapter for remedial
treatment rendered to an injured employee, a health care provider or
health care facility shall be deemed to consent to submitting all necessary
records and other information concerning such treatment to utilization
review and peer review as provided by this section. Such health care
provider shall further agree to comply with any decision of the division
pursuant to subparagraph 4.
4. If it is determined that a physician improperly overutilized, or
otherwise rendered or ordered, inappropriate medical treatment or
services, or that the reimbursement for such treatment or services was
inappropriate, the division may order the physician to show cause why he
should not be required to repay the amount which was paid for the
rendering or ordering of such treatment or services and shall inform him
of his right to a hearing under the provisions of s. 120.57. If a hearing is not
requested within 30 days of receipt of the order and the division director
decides to proceed with the matter, a hearing shall be conducted, a prima
facie case established, and a final order issued. If the final order, including
judicial review if the order is appealed, is adverse to the physician, the
division shall provide the licensing board of the physician with full
documentation of such determination.
5. A health care facility may not improperly charge or overcharge a
workers' compensation insurer or charge for services not provided for the
purpose of obtaining additional reimbursement.
6. Violations of this section which are willful or which demonstrate a
pattern of improperly charging or overcharging workers' compensation
insurers constitute grounds for the division or department to impose a fine
not to exceed $5,000.
7. The referral by the entity responsible for the utilization review, the
decision of the division to refer the matter to the peer review committee,
the establishment by the foundation or organization of the procedures by
which a peer review committee reviews the rendering of health care
services, and the review proceedings, report, and recommendation of the
peer review committee are not subject to the provisions of chapter 120.
8. The provisions of s. 766.101 apply to any officer, employee, or agent
of the division and to any officer, employee, or agent of any entity with
which the division has contracted pursuant to this section.
(5) The division shall audit employers, carriers, and self-insurers to
determine if medical bills are paid in accordance with this section and
division rules. Any employer, carrier, or self-insurer found by the division
not to be within 90 percent compliance as to the payment of medical bills
shall be assessed a fine of $50 per incorrect bill. Within 60 days of the first
audit, the division shall conduct a second audit for any employer found not
to be in compliance, and if the employer is still not within 90 percent
compliance, the division shall assess the employer $100 per incorrect bill.
Any employer found not in compliance by the second audit shall be
required to implement a medical bill review program approved by the
division, and shall be subject to appropriate licensing review by either the
division or the Department of Insurance.

transportation by private automobile, it shall be presumed, in the absence
of proof, that the actual cost is the amount allowed by the state to
employees for official travel.
Section 17. Section 440.135, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.135 Pilot programs for medical and remedial care in workers'
compensation.-
(1) It is the intent of the Legislature to determine whether the costs of
the workers' compensation system can be effectively contained by
monitoring more closely the medical, hospital, and remedial care required
by s. 440.13, while providing injured workers with more prompt and
effective care and earlier restoration of earning capacity without
diminution of the quality of such care. Therefore, the Legislature
authorizes the establishment of one or more pilot programs to be
administered by the Department of Insurance after consulting with the
division. Each pilot program shall terminate 2 years after the first date of
operation of the program, unless extended by act of the Legislature. In
order to implement these pilot programs, the Department of Insurance
shall consult with the division regarding:
(a) Initiating a pilot project basing reimbursement to hospitals on
diagnostic related groups, if a study determines that it is cost effective and
a statistically valid method for reimbursement.
(b) Establish alternate delivery systems using a health maintenance
organization model, which includes physician fees, competitive bidding, or
capitation models.
(c) Controlling and enhancing the selection of providers of medical,
hospital, and remedial care and using the peer review and utilization review
procedures in s. 440.13(1) to control the utilization of care by physicians
providing treatment pursuant to s. 440.13(2)(a).
(d) Establishing, by agreement, appropriate fees for medical, hospital,
and remedial care pursuant to this chapter.
(e) Promoting effective and timely utilization of medical, hospital, and
remedial care by injured workers.
(f) Coordinating the duration of payment of disability benefits with
determination made by qualified participating providers of medical,
hospital, or remedial care.
(g) Other methods of monitoring reduced costs within the workers'
compensation system while maintaining quality care.
(2) The Department of Insurance, after consulting with the division,
may, without a bidding process, negotiate and enter into such contracts as
may be necessary or appropriate in its judgment to implement the pilot
program.
(3) The Department of Insurance may also accept grants and moneys
from any source and may expend such grants and moneys for the purposes
of the program.
(4) No provision of the pilot programs may vary the methods for
calculating weekly payments for disability compensation under this
chapter. Likewise, no provision of the pilot programs shall limit the right
to a hearing under s. 440.25.
(5) The Department of Insurance shall make an interim report on or
before December 1, 1991, and a final report on or before the termination
date specified in subsection (1) to the Speaker of the House of
Representatives, the President of the Senate, the Minority Leader of the
Senate, the Minority Leader of the House of Representatives, and the
Governor, on the activities, findings, and recommendations of the
Department of Insurance relative to the pilot programs. The Department
of Insurance shall monitor, evaluate, and report the following information
regarding physicians, hospitals, and other remedial care providers:
(a) Cost savings.
(b) Effectiveness.
(c) Effect on earning capacity and indemnity payments.
(d) Complaints from injured workers and providers.

(e) Concurrent review of quality of care.
(f) Other pertinent matters.

21

The information from the pilot programs shall be reported in a format to
permit comparisons to other similar data.
Section 18. Section 440.15, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.15 Compensation for disability.-Compensation for disability
shall be paid to the employee, subject to the limits provided in s. 440.12(2),
as follows:
(1) PERMANENT TOTAL DISABILITY.-
(a) In case of total disability adjudged to be permanent, 662/3 percent
of the average weekly wages shall be paid to the employee during the
continuance of such total disability.
(b) Loss of both hands, or both arms, or both feet, or both legs, or both
eyes, or of any two thereof or paraplegia or quadriplegia shall, in the
absence of conclusive proof of a substantial earning capacity, constitute
permanent total disability. In all other cases, permanent total disability
shall be determined in accordance with the facts. In such other cases, no
compensation shall be payable under paragraph (a) if the employee is
engaged in, or is physically capable of engaging in, gainful employment;
and the burden shall be upon the employee to establish that he is not able
uninterruptedly to do even light work available within a 100-mile radius
of the injured employee's residence due to physical limitation.
(c) In cases of permanent total disability resulting from injuries which
occurred prior to July 1, 1955, such payments shall not be made in excess
of 700 weeks.
(d) If an employee who is being paid compensation for permanent total
disability becomes rehabilitated to the extent that he establishes an
earning capacity, he shall be paid, instead of the compensation provided
in paragraph (a), wage-loss benefits pursuant to paragraph (3)(b). The
division shall adopt rules to enable a permanently and totally disabled
employee who may have reestablished an earning capacity to undertake a
trial period of reemployment without prejudicing his return to permanent
total status in the case that such employee is unable to sustain an earning
capacity.
(e)1. In case of permanent total disability resulting from injuries which
occurred subsequent to June 30, 1955, and for which the liability of the
employer for compensation has not been discharged under the provisions
of s. 440.20(12), the injured employee shall receive additional weekly
compensation benefits equal to 5 percent of his weekly compensation rate,
as established pursuant to the law in effect on the date of his injury,
multiplied by the number of calendar years since the date of injury. The
weekly compensation payable and the additional benefits payable
pursuant to this paragraph, when combined, shall not exceed the maximum
weekly compensation rate in effect at the time of payment as determined
pursuant to s. 440.12(2). Entitlement to these supplemental payments shall
cease at age 62 if the employee is eligible for social security benefits under
42 U.S.C. ss. 402 and 423, whether or not the employee has applied for such
benefits. These supplemental benefits shall be paid by the division out of
the Workers' Compensation Administration Trust Fund when the injury
occurred subsequent to June 30, 1955, and before July 1, 1984. These
supplemental benefits shall be paid by the employer when the injury
occurred on or after July 1, 1984. Supplemental benefits are not payable
for any period prior to October 1, 1974.
2.a. The division shall provide by rule for the periodic reporting to the
division of all earnings of any nature and social security income by the
injured employee entitled to or claiming additional compensation under
subparagraph 1. Neither the division nor the employer or carrier shall
make any payment of those additional benefits provided by subparagraph
1. for any period during which the employee willfully fails or refuses to
report upon request by the division in the manner prescribed by such rules.
b. The division shall provide by rule for the periodic reporting to the
employer or carrier of all earnings of any nature and social security income
by the injured employee entitled to or claiming benefits for permanent
total disability. The employer or carrier shall not be required to make any
payment of benefits for permanent total disability for any period during

which the employee willfully fails or refuses to report upon request by the
employer or carrier in the manner prescribed by such rules.

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3. When an injured employee receives a full or partial lump-sum
advance of the employee's permanent total disability compensation
benefits, the employee's benefits under this paragraph shall be computed
on the employee's weekly compensation rate as reduced by the lump-sum
advance.
(2) TEMPORARY TOTAL DISABILITY.-
(a) In case of disability total in character but temporary in quality, 662/3
percent of the average weekly wages shall be paid to the employee during
the continuance thereof, not to exceed 260 weeks except as provided in s.
440.12(1).
(b) Notwithstanding the provisions of paragraph (a), an employee who
has sustained the loss of an arm, leg, hand, or foot, has been rendered a
paraplegic, paraparetic, quadriplegic, or quadriparetic, or has lost the sight
of both eyes shall be paid temporary total disability of 80 percent of his
average weekly wage. In no event should the increased temporary total
disability compensation provided for in this paragraph extend beyond 6
months from the date of the accident. The compensation provided by this
paragraph is not subject to the limits provided in s. 440.12(2), but instead
is subject to a maximum weekly compensation rate of $700. If, at the
conclusion of this period of increased temporary total disability
compensation, the employee is still temporarily totally disabled, the
employee shall continue to receive temporary total disability compensation
as set forth in paragraphs (a) and (c). The period of time the employee has
received this increased compensation will be counted as part of, and not
in addition to, the maximum periods of time for which the employee is
entitled to compensation under paragraph (a) but not paragraph (c).
(c) Temporary total disability benefits paid pursuant to this subsection
shall include such period as may be reasonably necessary for training in the
use of artificial members and appliances, and shall include such period as
the employee may be receiving training and education under a program
pursuant to s. 440.49(1). Notwithstanding s. 440.02(8), the date of
maximum medical improvement for purposes of paragraph (3)(b) shall be
no earlier than the last day for which such temporary disability benefits
are paid.
(3) PERMANENT IMPAIRMENT AND WAGE-LOSS
BENEFITS.-
(a) Impairment benefits.-
1. In case of permanent impairment due to amputation, loss of 80
percent or more of vision of either eye, after correction, or serious facial or
head disfigurement resulting from an injury other than an injury entitling
the injured worker to permanent total disability benefits pursuant to
subsection (1), there shall be paid to the injured worker the following:
a. Two hundred and fifty dollars for each percent of permanent
impairment of the body as a whole from 1 percent through 10 percent; and
b. Five hundred dollars for each percent of permanent impairment of
the body as a whole for that portion in excess of 10 percent.
2. Once the employee has reached the date of maximum medical
improvement, impairment benefits are due and payable within 20 days
after the carrier has knowledge of the impairment.
3. The three-member panel, in cooperation with the division, shall
establish and use a uniform disability rating guide by January 1, 1991. This
guide shall be based on medically or scientifically demonstrable findings
as well as the systems and criteria set forth in the American Medical
Association's Guides to the Evaluation of Permanent Impairment; the
Snellen Charts, published by American Medical Association Committee for
Eye Injuries; and the Minnesota Department of Labor and Industry
Disability Schedules. The guide shall be more comprehensive than the
AMA Guides to the Evaluation of Permanent Impairment and shall
expand the areas already addressed and address additional areas not
currently contained in the guides. On August 1, 1979, and pending the
adoption, by rule, of a permanent schedule, Guides to the Evaluation of
Permanent Impairment, copyright 1977, 1971, 1988, by the American
Medical Association, shall be the temporary schedule and shall be used for
the purposes hereof. For injuries after July 1, 1990, pending the adoption
by division rule of a uniform disability rating guide, the Minnesota

Department of Labor and Industry Disability Schedule shall be
temporarily used unless that schedule does not address an injury. In such

case, the Guides to the Evaluation of Permanent Impairment by the
American Medical Association shall be used.
(b) Wage-loss benefits.-
1. Each injured worker who suffers a permanent impairment, which
permanent impairment is determined pursuant to the schedule adopted in
accordance with subparagraph (a)3., is not based solely on subjective
complaints, and results in one or more work-related physical restrictions
which are directly attributable to the injury, may be entitled to wage-loss
benefits under this subsection, provided that such permanent impairment
results in a work-related physical restriction which affects such employee's
ability to perform the activities of his usual or other appropriate
employment. Such benefits shall be based on actual wage loss and shall not
be subject to the minimum compensation rate set forth in s. 440.12(2).
Subject to the maximum compensation rate as set forth in s. 440.12(2), such
wage-loss benefits shall be equal to 80 percent of the difference between
80 percent of the employee's average weekly wage and the salary, wages,
and other remuneration the employee is able to earn after reaching
maximum medical improvement, as compared weekly; however, the weekly
wage-loss benefits shall not exceed an amount equal to 66% percent of the
employee's average weekly wage at the time of injury. In order to simplify
the comparison of the preinjury average weekly wage with the salary,
wages, and other remuneration the employee is able to earn after reaching
maximum medical improvement, the division may by rule provide for the
modification of the weekly comparison so as to coincide as closely as
possible with the injured worker's pay periods. In determining the amount
the employee is able to earn in any month after injury, commissions and
similar irregular payments shall be allocated first to the week in which they
are received, in an amount which when added to other earnings for such
week does not exceed the employee's average weekly wage, and the balance
in the same manner to the subsequent weeks until fully allocated, but not
to exceed 52 weeks from the week that the commission or a similar irregular
payment was received.
2. The amount determined to be the salary, wages, and other
remunerations the employee is able to earn after reaching the date of
maximum medical improvement shall in no case be less than the sum
actually being earned by the employee, including earnings from sheltered
employment. In the case of an employee who has not voluntarily limited
his income or who has not failed to accept employment commensurate with
his abilities or who was not terminated from employment due to his own
misconduct, and who has made a good faith attempt to find employment
after attaining maximum medical improvement but remains unemployed,
it shall be presumed that the salary, wages, and other remuneration the
employee is able to earn was zero for each week that the employee made
a good faith attempt to find employment within his physical and vocational
capabilities. Wage-loss forms and job search reports are to be mailed to the
employer, carrier, or servicing agent within 14 days after the time benefits
are due. Failure of an employee to timely request benefits and file the
appropriate job search forms showing that he looked for a minimum of 5
jobs in each biweekly period (unless a judge of compensation claims
determines fewer job searches are justified due to the availability of
suitable employment) after the employee has knowledge that a job search
is required, whether he has been advised by the employer, carrier, servicing
agent, or his attorney, shall result in benefits not being payable during the
time that the employee fails to timely file his request for wage loss and the
job search reports. However, beginning on the 13th week after the
employee has attained maximum medical improvement, if an employee
does not obtain and maintain employment, the employer may show that
the salary, wages, and other remuneration the employee is able to earn is
greater than zero by proving the existence of actual job openings within a
reasonable geographical area which the employee is physically and
vocationally capable of performing, in which case the amount the employee
is able to earn may be deemed to be the amount the judge of compensation
claims finds that the employee could earn in such jobs. The amount
deemed shall be applied against the next three biweekly payments.
3. An injured worker requesting wage-loss benefits for any period
during which such injured worker was unemployed shall have a duty to

make reasonable and good faith efforts to obtain suitable gainful
employment on a consistent basis. "Suitable gainful employment" means
employment which is reasonably attainable in light of the individual's age,
education, personal aptitudes, previous vocational experience, and

22

January 22, 1991

physical abilities. For any such period, the employer may require the
injured worker's request for wage-loss benefits to include verification of the
injured worker's efforts to obtain suitable gainful employment, which
verification shall be made on forms prescribed by the division. In
determining whether the injured worker has made reasonable and good
faith efforts to obtain suitable gainful employment, the judge of
compensation claims shall consider the availability of suitable employment
in the area of the injured worker's residence, the injured worker's access
to transportation, and the effect of the injured worker's physical and
mental impairments upon his ability to conduct job search activities.
Unless otherwise provided under this section, an injured worker requesting
wage-loss benefits for any period during which he shall have been
unemployed shall not be entitled to such benefits if the injured worker
failed or refused to make reasonable and good faith efforts to obtain
suitable gainful employment during such period.
4. The right to wage-loss benefits shall terminate upon the occurrence
of the earliest of the following:
a. As of the end of any 2-year period commencing at any time
subsequent to the month when the injured employee reaches the date of
maximum medical improvement, unless during such 2-year period wage-
loss benefits shall have been payable during at least 3 consecutive months.
This limitations period shall not be tolled or extended by the incarceration
of the employee or by virtue of the employee becoming an inmate of a penal
institution.
b. For injuries occurring on or before July 1, 1980, 350 weeks after the
injured employee reaches the date of maximum medical improvement.
c. For injuries occurring after July 1, 1980, but before July 1, 1990, 525
weeks after the injured employee reaches maximum medical improvement.
d. For injuries occurring after June 30, 1990, the employee's eligibility
for wage-loss benefits shall be determined according to the following
schedule:
(I) Twenty-six weeks of eligibility for permanent impairment ratings
up to and including 3 percent;
(II) Fifty-two weeks of eligibility for permanent impairment ratings
greater than 3 and up to and including 6 percent;
(III) Seventy-eight weeks of eligibility for permanent impairment
ratings greater than 6 and up to and including 9 percent;
(IV) One hundred four weeks of eligibility for permanent impairment
ratings greater than 9 and up to and including 12 percent; and
(V) One hundred twenty weeks of eligibility for permanent impairment
ratings greater than 12 percent and up to and including 13 percent; 135
weeks of eligibility for permanent impairment ratings greater than 13
percent and up to and including 14 percent; 150 weeks of eligibility for
permanent impairment ratings greater than 14 and up to and including 15
percent; 170 weeks of eligibility for permanent impairment ratings greater
than 15 percent and up to and including 16 percent; 190 weeks of eligibility
for permanent impairment ratings greater than 16 percent and up to and
including 17 percent; 210 weeks of eligibility for permanent impairment
ratings greater than 17 percent and up to and including 18 percent; 230
weeks of eligibility for permanent impairment ratings greater than 18
percent and up to and including 19 percent; 250 weeks of eligibility for
permanent impairment ratings greater than 19 percent and up to and
including 20 percent; 275 weeks of eligibility for permanent impairment
ratings greater than 20 percent and up to and including 21 percent; 300
weeks of eligibility for permanent impairment ratings greater than 21
percent and up to and including 22 percent; 325 weeks of eligibility for
permanent impairment ratings greater than 22 percent and up to and
including 23 percent; 350 weeks of eligibility for permanent impairment
ratings greater than 23 percent and up to and including 24 percent; 364
weeks of eligibility for permanent impairment ratings greater than 24
percent.
e. In the case of an employee whose permanent impairment from the
injury is at least 1 percent but no more than 20 percent of the body as a
whole, the burden is on the employee to demonstrate that his postinjury
earning capacity is less than his preinjury average weekly wage and is not

the result of economic conditions or the unavailability of employment or
of his own misconduct. In the case of an employee whose permanent

23

impairment from the injury is 21 percent or more of the body as a whole,
the burden is on the employer to demonstrate that the employee's
postinjury earning capacity is the same or more than his preinjury wage.
5. Notwithstanding subparagraph 4., the right to wage-loss benefits
shall terminate if, within a 2-year period, there are three occurrences of any
of the following incidents:
a. The employee voluntarily terminates his employment for reasons
unrelated to his compensable injury.
b. The employee refuses an offer of suitable or reasonable employment
within his restrictions and abilities.
c. The employee is terminated from employment due to his own
misconduct as defined in s. 440.02(16).
d. The employee voluntarily limits his income.
Each of the three occurrences must be in a different biweekly period.
Additionally, for each of the above occurrences, the employee may be
disqualified from receiving wage-loss benefits for 3 biweekly periods.
6. The right to wage-loss benefits shall terminate if an employee is
convicted of conduct punishable under s. 775.082 or s. 775.083 or is
subjected to imprisonment under chapter 316 which directly affects the
employee's ability to perform the activities of his usual or other
appropriate employment. For purposes of this subparagraph, "convicted"
means an adjudication of guilt by a court of competent jurisdiction; a plea
of guilty or of nolo contender; or a jury verdict of guilty when adjudication
of guilt is withheld and the accused is placed on probation.
7. If an employee is entitled to both wage-loss benefits and social
security retirement benefits under 42 U.S.C. ss. 402 and 405, such social
security retirement benefits shall be primary and the wage-loss benefits
shall be supplemental only. The sum of the two benefits shall not exceed
the amount of wage-loss benefits which would otherwise be payable. For
the purposes of termination of wage-loss benefits pursuant to sub-
subparagraph 4.a., the term "payable" shall be construed to include
payment of social security retirement benefits in lieu of wage-loss benefits.
However, the reduction of wage-loss benefits under the provisions of this
subparagraph is not applicable to any wage-loss benefits payable to an
employee for any month subsequent to the month in which the employee
reaches the age of 70 years.
8. Beginning with the 25th month after maximum medical
improvement and for the purpose of determining wage-loss benefits, the
total wages, salary, and other remuneration for the week in consideration
shall be discounted as follows:
a. For those injuries occurring on or after July 1, 1979, and on or before
July 1, 1980, by a factor of 3 percent and compounded annually at 3 percent
thereafter; and
b. For those injuries occurring after July 1, 1980, by a factor of 5
percent and compounded annually at 5 percent thereafter.
However, with respect to any year in which the annual rate of inflation,
calculated by using the national Consumer Price Index published by the
United States Department of Labor, is less than the applicable discount
factor, such rate shall be substituted for such discount factor for that year.
9. The division shall keep such records and conduct such investigations
as are necessary to determine the feasibility of providing additional
protection from inflation for workers entitled to wage-loss benefits and
shall report its findings to the Legislature not later than February 1, 1988.
(4) TEMPORARY PARTIAL DISABILITY.-
(a) In case of temporary partial disability, benefits shall be based on
actual wage loss and shall not be subject to the minimum compensation
rate set forth in s. 440.12(2). The compensation shall be equal to 80 percent
of the difference between 80 percent of the employee's average weekly wage
and the salary, wages, and other remuneration the employee is able to earn,
as compared weekly; however, the weekly wage-loss benefits shall not
exceed an amount equal to 66/3 percent of the employee's average weekly
wage at the time of injury. In order to simplify the comparison of the

preinjury average weekly wage with the salary, wages, and other
remuneration the employee is able to earn, the division may by rule provide
for the modification of the weekly comparison so as to coincide as closely

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as possible with the injured worker's pay periods. The amount determined
to be the salary, wages, and other remuneration the employee is able to
earn shall in no case be less than the sum actually being earned by the
employee, including earnings from sheltered employment.
(b) Whenever a temporary partial wage-loss benefit as set forth in
paragraph (a) may be payable, the burden shall be on the employee to
establish that any wage loss claimed is the result of the compensable injury.
It shall also be the burden of the employee to show that his inability to
obtain employment or to earn as much as he earned at the time of his
industrial accident is due to physical limitation related to his accident and
not because of economic conditions or the unavailability of employment or
his own misconduct. In the event the employee voluntarily limits his
income or fails to accept employment commensurate with his abilities, or
is terminated from employment due to his own misconduct, it shall be
presumed, in the absence of substantial evidence to the contrary, that the
salary, wages, and other remuneration that the employee was able to earn
for such period that the employee voluntarily limited his income or failed
to accept employment commensurate with his abilities or was terminated
from employment due to his own misconduct is the amount which would
have been earned if the employee had not limited his income or failed to
accept appropriate employment or had not been terminated from
employment due to his own misconduct. The amount deemed shall be
applied against the next three biweekly payments. In the case of an
employee who has not voluntarily limited his income or who has not failed
to accept employment commensurate with his abilities or who was not
terminated from employment due to his own misconduct, and who has
made a good faith attempt to find employment but remains unemployed,
it shall be presumed that the salary, wages, and other remuneration the
employee is able to earn was zero for each week that the employee made
a good faith attempt to find employment within his physical and vocational
capabilities. However, beginning on the 13th week after the employee has
received the first payment of a temporary partial wage-loss benefit, if the
employee does not obtain and maintain employment, the employer may
show that the salary, wages, and other remuneration the employee is able
to earn is greater than zero by proving the existence of actual job openings
within a reasonable geographical area which the employee is physically and
vocationally capable of performing, in which case the amount the employee
is able to earn may be deemed to be the amount the judge of compensation
claims finds that the employee could earn in such jobs. The amount
deemed shall be applied against the next two biweekly payments.
(c) Such benefits shall be paid during the continuance of such
disability, not to exceed a period of 260 weeks.
(5) SUBSEQUENT INJURY.-
(a) The fact that an employee has suffered previous disability,
impairment, anomaly, or disease, or received compensation therefore, shall
not preclude him from benefits for a subsequent aggravation or
acceleration of the preexisting condition nor preclude benefits for death
resulting therefrom, except that no benefits shall be payable if the
employee, at the time of entering into the employment of the employer by
whom the benefits would otherwise be payable, falsely represents himself
in writing as not having previously been disabled or compensated because
of such previous disability, impairment, anomaly, or disease.
Compensation for temporary disability, medical benefits, and wage-loss
benefits shall not be subject to apportionment.
(b) If a compensable permanent impairment, or any portion thereof, is
a result of aggravation or acceleration of a preexisting condition, or is the
result of merger with a preexisting impairment, an employee eligible to
receive impairment benefits under paragraph (3)(a) shall receive such
benefits for the total impairment found to result, excluding the degree of
impairment existing at the time of the subject accident or injury or which
would have existed by the time of the impairment rating without the
intervention of the compensable accident or injury. The degree of
permanent impairment attributable to the accident or injury shall be
compensated in accordance with paragraph (3)(a). As used in this
paragraph, "merger" means the combining of a preexisting permanent
impairment with a subsequent compensable permanent impairment
which, when the effects of both are considered together, result in a

permanent impairment rating which is greater than the sum of the two
permanent impairment ratings when each impairment is considered
individually.

(c) If an employee receiving wage-loss benefits suffers a subsequent
injury causing temporary disability, both wage-loss benefits and temporary
disability benefits shall be payable during the duration of temporary
disability. In calculating the amount of any wage-loss benefits due, the
average weekly wage for the subsequent accident shall be deemed to be the
salary, wages, and other remuneration the employee is able to earn.
However, the total benefits payable shall not exceed the maximum
compensation rate in effect for temporary disability at the time of the
subsequent injury. Any reduction in benefits due to such limit shall be
applied first to the wage-loss benefits payable as a result of the prior injury.
(d) If an employee receiving wage-loss benefits suffers a subsequent
injury causing an additional compensable wage loss, benefits for each wage
loss shall be payable. In calculating the amount of any wage-loss benefits
due, the average weekly wage for the subsequent accident shall be deemed
to be the salary, wages, and other remuneration the employee is able to
earn. However, the total wage-loss benefits payable shall not exceed the
maximum compensation rate in effect for permanent disability at the time
of the subsequent injury. Any reduction in wage-loss benefits due to such
limitation shall be applied first to the benefits payable as a result of the
prior injury.
(6) EMPLOYEE REFUSES EMPLOYMENT.-If an injured
employee refuses employment suitable to the capacity thereof, offered to
or procured therefore, such employee shall not be entitled to any
compensation at any time during the continuance of such refusal unless at
any time in the opinion of the judge of compensation claims such refusal
is justifiable.
(7) EMPLOYEE LEAVES EMPLOYMENT.-If an injured
employee, when receiving compensation for temporary partial disability,
leaves the employment of the employer by whom he was employed at the
time of the accident for which such compensation is being paid, he shall,
upon securing employment elsewhere, give to such former employer an
affidavit in writing containing the name of his new employer, the place of
employment, and the amount of wages being received at such new
employment; and, until he gives such affidavit, the compensation for
temporary partial disability will cease. The employer by whom such
employee was employed at the time of the accident for which such
compensation is being paid may also at any time demand of such employee
an additional affidavit in writing containing the name of his employer, the
place of his employment, and the amount of wages he is receiving; and if
the employee, upon such demand, fails or refuses to make and furnish such
affidavit, his right to compensation for temporary partial disability shall
cease until such affidavit is made and furnished.
(8) EMPLOYEE BECOMES INMATE OF INSTITUTION.-In case
an employee becomes an inmate of a public institution, then no
compensation shall be payable unless he has dependent upon him for
support a person or persons defined as dependents elsewhere in this
chapter, whose dependency shall be determined as if the employee were
deceased and to whom compensation would be paid in case of death; and
such compensation as is due such employee shall be paid such dependents
during the time he remains such inmate.
(9) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS
CHAPTER AND FEDERAL OLD-AGE, SURVIVORS, AND
DISABILITY INSURANCE ACT.-
(a) Weekly compensation benefits payable under this chapter for
disability resulting from injuries to an employee who becomes eligible for
benefits under 42 U.S.C. s. 423 shall be reduced to an amount whereby the
sum of such compensation benefits payable under this chapter and such
total benefits otherwise payable for such period to the employee and his
dependents, had such employee not been entitled to benefits under this
chapter, under 42 U.S.C. ss. 423 and 402, does not exceed 80 percent of the
employee's average weekly wage. However, this provision shall not operate
to reduce an injured worker's benefits under this chapter to a greater
extent than such benefits would have otherwise been reduced under 42
U.S.C. s. 424(a). This reduction of compensation benefits is not applicable
to any compensation benefits payable for any week subsequent to the week
in which the injured worker reaches the age of 62 years.

(b) If the provisions of 42 U.S.C. s. 424(a) are amended to provide for
a reduction or increase of the percentage of average current earnings that
the sum of compensation benefits payable under this chapter and the

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benefits payable under 42 U.S.C. ss. 423 and 402 can equal, the amount of
the reduction of benefits provided in this subsection shall be reduced or
increased accordingly.
(c) No disability compensation benefits payable for any week,
including those benefits provided by paragraph (1)(e), shall be reduced
pursuant to this subsection until the Social Security Administration
determines the amount otherwise payable to the employee under 42 U.S.C.
ss. 423 and 402 and the employee has begun receiving such social security
benefit payments. The employee shall, upon demand by the division, the
employer, or the carrier, authorize the Social Security Administration to
release disability information relating to him and authorize the Division of
Unemployment Compensation to release unemployment compensation
information relating to him, in accordance with rules to be promulgated by
the division prescribing the procedure and manner for requesting the
authorization and for compliance by the employee. Neither the division nor
the employer or carrier shall make any payment of benefits for total
disability or those additional benefits provided by paragraph (1)(e) for any
period during which the employee willfully fails or refuses to authorize the
release of information in the manner and within the time prescribed by
such rules. The authority for release of disability information granted by
an employee under this paragraph shall be effective for a period not to
exceed 12 months, such authority to be renewable as the division may
prescribe by rule.
(d) If compensation benefits are reduced pursuant to this subsection,
the minimum compensation provisions of s. 440.12(2) do not apply.
(10) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS
CHAPTER WHO HAS RECEIVED OR IS ENTITLED TO RECEIVE
UNEMPLOYMENT COMPENSATION.-
(a) No compensation benefits shall be payable for temporary total
disability or permanent total disability under this chapter for any week in
which the injured employee has received, or is receiving, unemployment
compensation benefits.
(b) If an employee is entitled to both wage-loss benefits pursuant to
subsection (3), or temporary partial benefits pursuant to subsection (4),
and unemployment compensation benefits, such unemployment
compensation benefits shall be primary and the wage-loss benefits or
temporary partial benefits shall be supplemental only, the sum of the two
benefits not to exceed the amount of wage-loss benefits or temporary
partial benefits which would otherwise be payable. For purposes of
termination of wage-loss benefits pursuant to sub-subparagraph (3)(b)4.a.,
the term "payable" shall be construed to include payment of
unemployment compensation benefits in lieu of income supplement
benefits as provided in this subsection.
(11) FULL-PAY STATUS FOR CERTAIN LAW ENFORCEMENT
OFFICERS.-Any law enforcement officer as defined in s. 943.10(1), (2),
or (3) who, while acting within the course of employment as provided by
s. 440.091, is maliciously or intentionally injured and who thereby sustains
a job-connected disability compensable under this chapter shall be carried
in full-pay status rather than being required to use sick, annual, or other
leave. Full-pay status shall be granted only after submission to the
employing agency's head of a medical report which gives a current
diagnosis of the employee's recovery and ability to return to work. In no
case shall the employee's salary and workers' compensation benefits exceed
the amount of the employee's regular salary requirements.
(12) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS
CHAPTER AND PENSION DISABILITY BENEFITS PAYABLE BY A
PUBLIC EMPLOYER.-Where any person receives compensation under
this chapter by reason of the disability of an employee of the state or any
political subdivision of the state, and such person is also entitled to receive
any sum, by reason of the same disability, from any pension plan or other
benefit fund with respect to which the same employer provides the
majority of the current funding, nothing in this chapter shall be construed
to prevent the reduction of pension benefits paid by said employer by the
amount of workers' compensation payments paid by the employer.
However, no such reduction may result in compensation benefits payable
under this chapter and under the pension plan or other benefit fund which,
in sum, total less than 100 percent of the money rate at which the service

rendered by the employee was recompensed, excluding overtime, under the
contract of hiring in force at the time of the employee's injury. Nothing in

January 22, 1991

furnishing of benefits by the employer or carrier to ascertain that correct
benefits are being furnished in cases accepted as compensable injuries.
Upon receipt of a request for assistance by the injured worker, the
employer, or carrier, or upon its own motion, the division shall be
empowered to compel all parties to participate in any conferences held by

E OF REPRESENTATIVES 25

this subsection shall be construed to abrogate the terms of any contract of
employment or the stated conditions of employment at the time of hiring.
Section 19. Paragraph (b) of subsection (1) of section 440.16, Florida
Statutes, 1990 Supplement, is reenacted to read:
440.16 Compensation for death.-
(1) If death results from the accident within 1 year thereafter or follows
continuous disability and results from the accident within 5 years
thereafter, the employer shall pay:
(b) Compensation, in addition to the above, in the following
percentages of the average weekly wages to the following persons entitled
thereto on account of dependency upon the deceased, and in the following
order of preference, subject to the limitation provided in subparagraph 2.,
but such compensation shall be subject to the limits provided in s.
440.12(2), shall not exceed $100,000, and may be less than, but shall not
exceed, for all dependents or persons entitled to compensation, 662/3
percent of the average wage:
1. To the spouse, if there is no child, 50 percent of the average weekly
wage, such compensation to cease upon the spouse's death.
2. To the spouse, if there is a child or children, the compensation
payable under subparagraph 1. and, in addition, 16/3 percent on account
of the child or children. However, when the deceased is survived by a
spouse and also a child or children, whether such child or children are the
product of the union existing at the time of death or of a former marriage
or marriages, the judge of compensation claims may provide for the
payment of compensation in such manner as may appear to the judge of
compensation claims just and proper and for the best interests of the
respective parties and, in so doing, may provide for the entire
compensation to be paid exclusively to the child or children; and, in the
case of death of such spouse, 33/3 percent for each child. However, upon
the surviving spouse's remarriage, the spouse shall be entitled to a lump-
sum payment equal to 26 weeks of compensation at the rate of 50 percent
of the average weekly wage as provided in s. 440.12(2), unless the $100,000
limit provided in this paragraph is exceeded, in which case the surviving
spouse shall receive a lump-sum payment equal to the remaining available
benefits in lieu of any further indemnity benefits. In no case shall a
surviving spouse's acceptance of a lump-sum payment affect payment of
death benefits to other dependents.
3. To the child or children, if there is no spouse, 33/3 percent for each
child.
4. To the parents, 25 percent to each, such compensation to be paid
during the continuance of dependency.
5. To the brothers, sisters, and grandchildren, 15 percent for each
brother, sister, or grandchild.
Section 20. Subsection (4) of section 440.185, Florida Statutes, 1990
Supplement, is reenacted to read:
440.185 Notice of injury or death; reports; penalties for violations.-
(4) Within 3 days after receipt of notice of injury from the employer
or any other indication of a compensable injury which will result in the
employee losing more than 7 days from work, the division shall mail to the
injured worker an informational brochure as prescribed by the division
which sets forth in clear and understandable language a summary
statement of the rights, benefits, and obligations of injured workers and
their employers under the Florida Workers' Compensation Law, together
with an explanation of its operation. Within 3 days after receipt of a notice
of injury from the employer or any other indication of a compensable injury
which will result in the employee losing more than 7 days from work, a
carrier or third-party administrator shall mail to the employer an
informational brochure as prescribed by the division which sets forth in
clear and understandable language a summary statement of the rights,
benefits, and obligations of injured workers and their employers under the
Florida Workers' Compensation Law. The division shall monitor the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

the division to resolve the issues giving rise to the request for assistance.
In the event of controversion or the filing of a claim, the division shall
attempt to resolve the claim. If the division determines that it cannot
establish the relevant facts necessary to resolve the issues in a claim, the
division may curtail its investigation and promptly forward the file to the
appropriate judge of compensation claims for any requested hearing on the
claim. In either event, the division shall forward the file to the appropriate
judge of compensation claims no later than 15 days prior to the date set
for such final hearing.
Section 21. Subsection (1) of section 440.19, Florida Statutes, 1990
Supplement, is reenacted to read:
440.19 Time and procedure for filing claims.-
(1)(a) The right to compensation for disability, rehabilitation,
impairment, or wage loss under this chapter shall be barred unless a claim
therefore which meets the requirements of paragraph (e) is filed within 2
years after the time of injury, except that, if payment of compensation has
been made or remedial treatment or rehabilitative services have been
furnished by the employer on account of such injury, a claim may be filed
within 2 years after the date of the last payment of compensation or after
the date of the last remedial treatment or rehabilitative services furnished
by the employer. This limitations period shall not be tolled or extended by
the failure of the employer or carrier to file a notice of injury or any other
report or notice required to be filed under this chapter or by the failure of
the division, the employer, or the carrier to furnish to the employee or other
claimant informational materials required under this chapter, unless such
omission by the employer or carrier was intentional and done to deprive
the employee of benefits due under this chapter.
(b) All rights for remedial attention under this section shall be barred
unless a claim therefore which meets the requirements of paragraph (e) is
filed with the division within 2 years after the time of injury, except that,
if payment of compensation has been made or remedial attention or
rehabilitative services have been furnished by the employer without an
award on account of such injury, a claim may be filed within 2 years after
the date of the last payment of compensation or within 2 years after the
date of the last remedial attention or rehabilitative services furnished by
the employer; and all rights for remedial attention or rehabilitative services
under this section pursuant to the terms of an award shall be barred unless
a further claim therefore is filed with the division within 2 years after the
entry of such award, except that, if payment of compensation has been
made or remedial attention or rehabilitative services have been furnished
by the employer under the terms of the award, a further claim may be filed
within 2 years after the date of the last payment of compensation or within
2 years after the date of the last remedial attention or rehabilitative
services furnished by the employer. However, no statute of limitations shall
apply to the right for remedial attention relating to the insertion or
attachment of a prosthetic device to any part of the body. Any claim for
reimbursement by a provider of remedial attention shall be subject to the
limitations of this paragraph. This limitations period shall not be tolled or
extended by the failure of the employer or carrier to file a notice of injury
or any other report or notice required to be filed under this chapter or by
the failure of the division, the employer, or the carrier to furnish the
employee or other claimant informational materials required under this
chapter, unless such omission by the employer or carrier was intentional
and done to deprive the employee of benefits due under this chapter.
(c) For purposes of this section, "remedial treatment or attention"
means the provision of skilled services provided by a physician or any
recognized health care provider as defined in s. 440.13.
(d) The right to compensation for death under this chapter shall be
barred unless a claim therefore which meets the requirements of paragraph
(e) is filed within 2 years after the death, except that, if payment of
compensation has been made without an award on account of such death,
a claim may be filed within 2 years after the date of the last payment. This
limitations period shall not be tolled or extended by the failure of the
employer or carrier to file a notice of injury or any other report or notice
required to be filed under this chapter or by the failure of the division, the
employer, or the carrier to furnish the employee or other claimant

informational materials required under this chapter, unless such omission
by the employer or carrier was intentional and done to deprive the
employee of benefits due under this chapter.

(e)l. Such claim shall be filed with the division at its Tallahassee office
and shall contain the names and addresses of the employer and employee,
the social security number of the employee, and a statement of the time,
date, place, nature, and cause of the injury, or such equivalent information
as will put the division, the employer, and the carrier or servicing agent on
notice with respect to the identity of the parties, and shall contain the
specific details of the benefits alleged to be due and the basis for those
benefits, including:
a. The time period for which compensation was not timely provided.
b. The number of weeks of disability claimed.
c. The type and source of rehabilitation sought.
d. The details of travel costs not paid, including:
(I) Specific dates and purposes of the travel.
(II) Means of transportation.
(III) Mileage.
e. The details of medical charges not paid, including the name and
address of the medical provider and the amounts due and the specific dates
of treatment or service.
f.(I) The type or nature of medical treatment sought.
(II) The basis and necessity for any medical treatment sought that is
in addition to that which is being provided at the time of filing the claim.
(III) The basis and necessity for a request for a change of physician.
(IV) A detailed description of the need for and medical necessity of
attendant care.
g. The details of any defect in the calculation of the average weekly
wage and the details and basis therefore.
h. A detailed description of the percentage of permanent impairment
and corresponding entitlement to increased wage-loss benefits in excess of
that which is or has been voluntarily paid by the employer or carrier
together with the medical care provider who has diagnosed any increased
impairment.
i. Any other benefit, penalty, attorney's fee, or allowance provided by
law deemed due at the time of filing of the claim but not being furnished.
The division shall acknowledge receipt of the claim to the filing party with
copies of the claim and acknowledgment to the claimant, employer, and
carrier.
2. A claim may contain a claim for both past benefits and continuing
benefits in any benefit category, but is limited to those in default and ripe,
due, and owing on the date the claim is filed.
3. The legislative intent of this paragraph is to avoid needless litigation
or delay in benefits by requiring claimants to provide the employer, carrier,
self-insurance fund, or servicing agent with sufficient detailed information
to facilitate a timely and informed decision with respect to a claim for
benefits.
4. Any claim, or portion thereof, not in compliance with this subsection
shall be dismissed by the judge of compensation claims upon motion of any
interested party unless the claimant is not represented by counsel. If the
claimant is not represented by counsel, the division shall assist the
claimant in filing a claim meeting the requirements of this section. Any
such motion to dismiss shall state with particularity why the claim is not
in compliance. When any claim is dismissed pursuant to this subsection,
the claimant shall be allowed 60 days from the date of the order of dismissal
in which to file an amended claim regardless of any other limitation in this
chapter.
5. Notwithstanding the provisions of s. 440.34, a judge of compensation
claims shall not award an attorney's fee or penalties based on a claim for

benefits that does not satisfy the requirements of this subsection.
6. The division shall assist injured employees who are not represented
by counsel in preparing a claim that meets the specificity requirements of
this subsection, but shall not act as an advocate in pursuing the claim
before the judge of compensation claims.

26

January 22, 1991

JOURNAL OF THE HOUSE]

7. Within 21 days of receipt of the acknowledged claim from the
division, the employer or carrier must either pay the requested benefits or
file a Notice to Controvert with the division, with copies to the filing party,
employer, and claimant. The Notice to Controvert must specifically list all
benefits requested but not paid as well as the reasons those benefits are not
being provided. An employer or carrier who fails to comply with this
provision shall be assessed a penalty pursuant to s. 440.185(9).
(f) Any judge of compensation claims receiving a claim for
compensation in any form shall, immediately upon receipt of such claim,
mail such claim to the division at its office in Tallahassee.
(g) In no event and under no circumstances shall any of the rights of
employees under the Workers' Compensation Law be prejudiced or lost by
failure or delay of judges of compensation claims in mailing claims in any
form to the division in Tallahassee.
(h) To facilitate the earliest possible resolution of conflicts in workers'
compensation cases, it shall be the responsibility of the division to take a
proactive stance in the prevention and resolution of disputed issues. Upon
receipt by the division of notice of disputed issues, whether received
formally or informally, or of a claim for benefits filed under this chapter,
the division shall, in accordance with its rules, ascertain whether the
disputed issues can be resolved without a hearing. Upon determining that
disputed issues can be resolved without a hearing, the division shall make
or cause to be made such investigation as is considered necessary with
respect to the disputed issues, which shall include a written dispute
resolution report of whether requested benefits, services, or treatment are
due and owing. Copies of the dispute resolution report shall be provided
to the claimant, employer, and carrier and shall be made a part of the
division file. Upon a finding by the division that benefits, services, or
treatment are due and owing, it shall be the responsibility of the division
to assist the requesting party in securing payment or provision of the same.
Upon a finding by the division that benefits, services, or treatment are not
due and owing, it shall be the responsibility of the division to inform the
requesting party of the same. Any such decision by the division shall be
advisory. At any mediation conference or hearing before the judge of
compensation claims, the decision of the division shall not be res judicata,
but shall be included in the division case file and may be considered by the
general or special master, or by the judge of compensation claims in
reaching any decision.
Section 22. Subsections (9) and (12) of section 440.20, Florida Statutes,
1990 Supplement, are reenacted to read:
440.20 Payment of compensation.-
(9) In addition to any other penalties provided by this chapter for late
payment, if any installment of compensation is not paid when it becomes
due, the employer, carrier, or servicing agent shall pay interest thereon at
the rate of 12 percent per year from the date the installment becomes due
until it is paid, whether such installment is payable without an order or
under the terms of an order. The interest payment shall be the greater of
the amount of interest due or $5.
(a) Within 30 days after final payment of compensation has been made,
the employer, carrier, or servicing agent shall send to the division a notice,
in accordance with a form prescribed by the division, stating that such final
payment has been made and stating the total amount of compensation
paid, the name of the employee and of any other person to whom
compensation has been paid, the date of the injury or death, and the date
to which compensation has been paid.
(b) If the employer, carrier, or servicing agent fails to so notify the
division within such time, the division shall assess against such employer,
carrier, or servicing agent a civil penalty in an amount not over $100.
(c) The division shall also assess the employer, carrier, or servicing
agent a fine of $50 for every installment of compensation not paid when
it becomes due. Such fines shall be deposited by the division in the fund
created by s. 440.50.
(12)(a) It is the stated policy for the administration of the workers'
compensation system that it is in the best interests of the injured worker
that he receive disability or wage-loss payments periodically. Lump-sum

payments in exchange for the employer's or carrier's release from liability
for future payments of compensation, death benefits, and rehabilitation

January 22, 1991

compensation claims shall send a report to the Chief Judge of the amount
of the settlement and a statement of the nature of the controversy. The
Chief Judge shall keep a record of all such reports filed by each judge of
compensation claims and shall submit to the Legislature a summary of all
such reports filed under this subsection annually by March 1.

E OF REPRESENTATIVES 27

expenses other than for medical expenses shall be allowed only under
special circumstances, as when the claimant can demonstrate that lump-
sum payments will definitely aid in his rehabilitation or are otherwise
clearly in his best interests and that lump-sum payments will avoid undue
expense or undue hardship to any party, or that such claimant has removed
himself or is about to remove himself from the state. In no case may a lump-
sum payment be allowed in exchange for the release of an employer's or
carrier's liability for future medical expenses and training and education.
In no case may a lump-sum settlement be allowed until 3 months after the
date of maximum medical improvement has been reached; provided that
such 3-month period shall be waived with respect to nonresident aliens of
the United States or Canada. However, no such alien thus exempted shall
be eligible for a lump-sum settlement under this exception more than one
time in any 48-month period. Upon the approval of a lump-sum settlement
under this paragraph, the judge of compensation claims shall send a report
to the Chief Judge of the amount of the settlement, the amount of the
attorney's fees, the amount of the benefits payable to the injured employee
upon which the attorney's fees are payable, and the statutory basis for the
payment of the attorney's fees.
(b) Notwithstanding the provisions of paragraph (a), a lump-sum
payment in exchange for the employer's or carrier's release from liability
for future medical expenses, as well as future payments of compensation
and rehabilitation expenses, but not training and educational expenses,
shall be allowed at any time in any case in which the employer or carrier
has initially filed a written notice to controvert and denied that a
compensable accident or injury occurred for which compensation and
medical and rehabilitation expenses are payable, and the judge of
compensation claims at a hearing to consider the settlement proposal finds
a justiciable controversy as to legal or medical compensability of the
claimed injury or the alleged accident. In such event, and upon the joint
petition of all interested parties and after giving due consideration to the
interests of all interested parties, the judge of compensation claims may
enter a compensation order approving and authorizing the discharge of the
liability of the employer for compensation and remedial treatment, care,
and attendance, as well as rehabilitation expenses, but not training and
educational expenses, by the payment of a lump sum. Such a compensation
order so entered upon joint petition of all interested parties is not subject
to modification or review under s. 440.28. If the settlement proposal
together with supporting evidence is not approved by the judge of
compensation claims, it shall be considered null and void. If the employer
or carrier initially accepts the case as compensable or provides any benefits
to the employee or his dependents, this paragraph does not apply.
Notwithstanding the provisions of s. 440.34(3)(c), a claimant shall be
responsible for the payment of his own attorney's fees in any case settled
under this subsection. Upon approval of a lump-sum settlement under this
subsection, the judge of compensation claims shall send a report to the
Chief Judge of the amount of the settlement and a statement of the nature
of the controversy. The Chief Judge shall keep a record of all such reports
filed by each judge of compensation claims and shall submit to the
Legislature a summary of all such reports filed under this subsection
annually by March 1.
(c) Notwithstanding the provisions of paragraph (a) or paragraph (b),
a lump-sum payment in exchange for the employer's or carrier's release
from liability for future payments of compensation, death benefits,
rehabilitation expenses, including training and educational expenses and
medical expenses shall be allowed when the claimant has reached
maximum medical improvement, has been assigned a permanent
impairment rating from 1 through 5 percent, and has not received any
medical treatment for at least 3 months. In no case may a lump-sum
settlement be allowed until 3 months after the date of maximum medical
improvement has been reached. The lump-sum payment shall be equal to
an amount determined by multiplying the claimant's weekly compensation
rate by a factor of 3, then multiplying that product by the number of
permanent impairment rating points assigned. Notwithstanding the
provision of s. 440.34(3)(c), a claimant shall be responsible for the payment
of his own attorney's fees in any case settled under this subsection. Upon
approval of a lump-sum settlement under this subsection, the judge of

28 JOURNAL OF THE HOUSE

(d) Upon the application of any party in interest or upon joint petition
of all interested parties, and after giving due consideration to the interests
of all interested parties, if a judge of compensation claims finds that a
lump-sum payment in exchange for release from liability is proper under
paragraph (a), the judge of compensation claims may enter a compensation
order requiring that the liability of the employer for compensation be
discharged by the payment of a lump sum equal to the present value of all
future payments of compensation, computed at 8-percent true discount
compounded annually, or requiring that the employer make advance
payment of a part of the compensation for which the employer is liable by
the payment of a lump sum equal to the present value of such part of the
compensation, computed at 8-percent true discount compounded annually.
A compensation order so entered upon joint petition of all interested
parties shall not be subject to modification or review under s. 440.28.
However, nothing in this subsection shall be construed to mean that a
judge of compensation claims is required to approve any award for lump-
sum payment when it is determined by the judge of compensation claims
that the payment being made is in excess of the value of benefits the
claimant would be entitled to under this chapter. The judge of
compensation claims shall make or cause to be made such investigations
as he considers necessary, in each case in which the parties have stipulated
that a proposed final settlement of liability of the employer for
compensation shall not be subject to modification or review under s. 440.28,
to determine whether such final disposition will definitely aid the
rehabilitation of the injured worker or otherwise is clearly for the best
interests of the person entitled to compensation and, in his discretion, may
have an investigation made by the Rehabilitation Section of the Division
of Workers' Compensation. The joint petition and the report of any
investigation so made will be deemed a part of the proceeding. A judge of
compensation claims, in his discretion, may hear testimony relating to a
proposed stipulation for settlement under this subsection without having
in hand the division file; however, he may in no event enter an order
thereon without first having reviewed the division file. An employer shall
have the right to appear at any hearing pursuant to this subsection which
relates to the discharge of such employer's liability and to present
testimony at such hearing. The carrier shall provide reasonable notice to
the employer of the time and date of any such hearing and inform him of
his rights to appear and testify. When the claimant is represented by
counsel or when the claimant and carrier or employer are represented by
counsel, final approval of the lump-sum settlement agreement, as provided
for in a joint petition and stipulation, shall be approved by entry of an
order within 7 days of the filing of such joint petition and stipulation
without a hearing, unless the judge of compensation claims determines, in
his discretion, that additional testimony is needed before such settlement
can be approved or disapproved and so notifies the parties. The probability
of the death of the injured employee or other person entitled to
compensation before the expiration of the period during which such person
is entitled to compensation shall, in the absence of special circumstances
making such course improper, be determined in accordance with the most
recent United States Life Tables published by the National Office of Vital
Statistics of the United States Department of Health and Human Services.
The probability of the happening of any other contingency affecting the
amount or duration of the compensation, except the possibility of the
remarriage of a surviving spouse, shall be disregarded. As a condition of
approving a lump-sum payment to a surviving spouse, the judge of
compensation claims, in the judge of compensation claims' discretion, may
require security which will ensure that, in the event of the remarriage of
such surviving spouse, any unaccrued future payments so paid may be
recovered or recouped by the employer or carrier. Such applications shall
be considered and determined in accordance with s. 440.25 and the rules
of procedure adopted by the Supreme Court.
Section 23. Subsections (3) and (4) of section 440.25, Florida Statutes,
1990 Supplement, are reenacted to read:
440.25 Procedure in respect to claims and hearing requests.--
(3) (a) The division or judge of compensation claims shall make or cause
to be made such investigation as is considered necessary in respect to the
claim; and, upon request by any interested party, the judge of

I1

compensation claims shall order all parties to attend either a mediation
conference or a hearing thereof. Any party who requests a mediation
conference shall not be precluded from requesting a hearing following the
mediation conference should both parties not agree to be bound by the
results of the mediation conference.

party demonstrates that the reason for requesting the continuance arises
from circumstances beyond the party's control.
(c) If the request in paragraph (a) is for a hearing, an application for
a hearing concerning a claim shall refer to the claim previously filed and
state the reasons for requesting a hearing and the questions in dispute

E OF REPRESENTATIVES January 22, 1991

(b)l. If the request in paragraph (a) is for a mediation conference, an
application for a mediation conference shall state the reasons for
requesting the mediation conference and the questions in dispute so that
the responding or opposing parties may be notified of the purpose of the
mediation conference. Such mediation conference shall be conducted
informally and does not require the use of formal rules of evidence or
procedure. Any information from the files, reports, case summaries,
mediator's notes, or other communications or materials, oral or written,
relating to a mediation conference pursuant to this section obtained by any
person performing mediation duties is privileged and confidential and may
not be disclosed without the written consent of all parties to the
conference. Any research or evaluation effort directed at assessing the
mediation program activities or performance must protect the
confidentiality of such information. Each party to a mediation conference
has a privilege during and after the conference to refuse to disclose and to
prevent another from disclosing communications made during the
conference whether or not the contested issues are successfully resolved.
This paragraph shall not be construed to prevent or inhibit the discovery
or admissibility of any information that is otherwise subject to discovery
or that is admissible under applicable law or rule of procedure, except that
any conduct or statements made during a mediation conference or in
negotiations concerning the conference are inadmissible in any proceeding
under this chapter. The Chief Judge shall select a judge of compensation
claims, a general master, or a special master to serve as the mediator. The
general master shall be employed on a full-time basis by the office of the
Chief Judge. The rate of compensation for a general master shall be at 60
percent of the salary of a judge of compensation claims. A general master
must be a member of The Florida Bar and have 3 years' experience in the
practice of workers' compensation law in this state. The special master
shall be selected from a list prepared by the Chief Judge. The special
master must be independent of all parties participating in the mediation
conference. A special master must be a member of The Florida Bar and
have 3 years' experience in the practice of workers' compensation law in
this state. The rate of compensation for a special master shall be $250 per
day plus travel and per diem expenses. The special master shall have access
to the office, equipment, and supplies of the judge of compensation claims
in each district. In the event both parties agree, the results of the mediation
conference shall be binding and neither party shall have a right to appeal
the results. In the event either party refuses to agree to the results of the
mediation conference, the results of the mediation conference as well as the
testimony, witnesses, and evidence presented at the conference shall not
be admissible at any subsequent proceeding on the claim. The mediator
shall not be called in to testify or give deposition to resolve any claim for
any hearing before the judge of compensation claims. The fact of
requesting or accepting an offer to mediate shall not be admissible as
evidence of liability in any collateral or subsequent proceeding on the
claim. The employer may be represented by an attorney at the mediation
conference if the employee is also represented by an attorney at the
mediation conference. Any judge who serves as a mediator shall not be
permitted to preside at a hearing involving the same claim pursuant to
paragraph (c). If a request for mediation is filed, the mediation conference
must be held within 45 days after it is filed and the judge, general master,
or special master shall give the claimant and other interested parties at
least 15 days' notice of such conference, served upon the claimant and
other interested parties by mail.
2. The judge of compensation claims shall hold a pretrial hearing on a
claim no earlier than 30 days after the date of filing of the request for
hearing and no later than 60 days after such date. The judge of
compensation claims shall give the claimant and all other interested parties
at least 15 days' advance notice of the hearing by mail. At the pretrial
hearing, the judge of compensation claims shall, subject to subparagraph
3., set a date for the final hearing that allows the parties at least 90 days
to conduct discovery unless the parties consent to an earlier hearing date.
3. The final hearing must be held and concluded within 120 days after
the pretrial hearing. Continuances may be granted only if the requesting

JOURNAL OF THE HOUSI

which the applicant expects the judge of compensation claims to hear and
determine, so that the responding or opposing parties may be notified of
the purpose of the hearing. Any application for a hearing not in compliance
with this paragraph shall be subject to dismissal upon motion of any
interested party. If a request for a hearing is filed, the judge of
compensation claims shall hold a hearing within 90 days after it is filed and
shall give the claimant and other interested parties at least 15 days' notice
of such hearing, served upon the claimant and other interested parties by
mail.
(d) The hearing shall be held in the county where the injury occurred,
if the injury occurred in this state, unless otherwise agreed to between the
parties and authorized by the judge of compensation claims in the county
where the injury occurred. If the injury occurred without the state and is
one for which compensation is payable under this chapter, then the hearing
above referred to may be held in the county of the employer's residence or
place of business, or in any other county of the state which will at the time
of forwarding the file for hearing, in the discretion of the Chief Judge, be
the most convenient for a hearing. Subsequent to the forwarding of the file
to such county, the parties and the judge of compensation claims may agree
to transfer such file to a county that is deemed most convenient for a
hearing. The hearing shall be conducted by a judge of compensation claims,
who shall, within 30 days after such hearing, unless otherwise agreed by the
parties, determine the dispute in a summary manner. At such hearing, the
claimant and employer may each present evidence in respect of such claim
and may be represented by any attorney authorized in writing for such
purpose. When there is a conflict in the medical evidence submitted at the
hearing, the judge of compensation claims may designate a disinterested
doctor to submit a report or to testify in the proceeding, after such doctor
has reviewed the medical reports and evidence, examined the claimant, or
otherwise made such investigation as appropriate. The report or testimony
of any doctor so designated by the judge of compensation claims shall be
made a part of the record of the proceeding and shall be given the same
consideration by the judge of compensation claims as is accorded other
medical evidence submitted in the proceeding; and all costs incurred in
connection with such examination and testimony may be assessed as costs
in the proceeding, subject to the provisions of s. 440.13(4)(a). No judge of
compensation claims may make a finding of a degree of permanent
impairment that is greater than the greatest permanent impairment rating
given the claimant by any examining or treating physician, except upon
stipulation of the parties.
(e) The order making an award or rejecting the claim, referred to in this
chapter as a "compensation order," shall set forth the findings of ultimate
facts and the mandate; and the order need not include any other reason or
justification for such mandate. The compensation order shall be filed in the
office of the division at Tallahassee. A copy of such compensation order
shall be sent by mail to the parties and attorneys of record at the last
known address of each, with the date of mailing noted thereon.
(f) Each judge of compensation claims is required to submit a special
report to the Chief Judge in each contested workers' compensation case in
which the case is not determined within 30 days of final hearing. Said form
shall be provided by the Chief Judge and shall contain the names of the
judge of compensation claims and of the attorneys involved and a brief
explanation by the judge of compensation claims as to the reason for such
a delay in issuing a final order. The Chief Judge shall compile these special
reports into an annual public report to the Governor, the Secretary of
Labor and Employment Security, the Legislature, The Florida Bar, and the
appellate district judicial nominating commissions.
(4)(a) Beginning on October 1, 1979, procedures with respect to appeals
from orders of judges of compensation claims shall be governed by rules
adopted by the Supreme Court. Such an order shall become final 30 days
after mailing of copies of such order to the parties, unless appealed
pursuant to such rules.
(b) An appellant may be relieved of any necessary filing fee by filing
a verified petition of indigency for approval as provided in s. 57.081(1) and
may be relieved in whole or in part from the costs for preparation of the
record on appeal if, within 15 days after the date notice of the estimated
costs for the preparation is served, he files with the judge of compensation
claims a verified petition to be relieved of costs. The verified petition

relating to record costs shall contain a detailed and sworn statement of all
the appellant's assets, liabilities, and income. The appellant's attorney, or

January 22, 1991

of this section, the term "benefits secured" means benefits obtained as a
result of the claimant's attorney's legal services rendered in connection
with the claim for benefits. However, such term does not include future
medical benefits to be provided on any date more than 5 years after the
date the claim is filed.

E OF REPRESENTATIVES 29

the appellant if he is not represented by an attorney, shall include as a part
of the verified petition relating to record costs an affidavit or affirmation
that, in his opinion, the notice of appeal was filed in good faith and that
there is a probable basis for the Industrial Relations Commission to find
reversible error. A copy of the verified petition relating to record costs shall
be served upon the division in Tallahassee and upon all other interested
parties. The judge of compensation claims shall promptly conduct a
hearing on the verified petition relating to record costs, giving at least 15
days' notice to the appellant, the division, and all other interested parties,
all of whom shall be parties to the proceedings. The judge of compensation
claims may enter an order without such hearing if no objection is filed by
the division or by an interested party within 12 days from the date the
verified petition relating to record costs is filed. Such proceedings shall be
conducted in accordance with the provisions of this section and with the
workers' compensation rules of procedure, to the extent applicable. In the
event an insolvency petition is granted, the judge of compensation claims
may provide for payment of record costs and filing fees from the Workers'
Compensation Trust Fund pending final disposition of the costs of appeal.
(c) As a condition of filing a notice of appeal to the Industrial Relations
Commission, an employer who has not secured the payment of
compensation under this chapter in compliance with s. 440.38 shall file
with his notice of appeal a good and sufficient bond, as provided in s. 59.13,
conditioned to pay the amount of the demand and any interest and costs
payable under the terms of the order if the appeal is dismissed, or if the
Industrial Relations Commission affirms the award in any amount. Upon
the failure of such employer to file such bond with the judge of
compensation claims or the Industrial Relations Commission along with
his notice of appeal, the Industrial Relations Commission shall dismiss the
notice of appeal.
Section 24. Section 26 of chapter 90-201, Laws of Florida, is reenacted
to read:
Section 26. Section 440.26, Florida Statutes, is hereby repealed.
Section 25. Section 440.271, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.271 Appeal of order of judge of compensation claims.-Review of
any order of a judge of compensation claims entered pursuant to this
chapter shall be by appeal to the Industrial Relations Commission. Appeals
shall be filed in accordance with rules of procedure prescribed by the
Supreme Court for review of such orders. The division shall be given notice
of any proceedings pertaining to s. 440.25, regarding indigency, or s. 440.49,
regarding the Special Disability Trust Fund, and shall have the right to
intervene in any proceedings.
Section 26. Section 440.272, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.272 Review of orders of Industrial Relations Commission.-Orders
of the Industrial Relations Commission shall be subject to review by appeal
to the District Court of Appeal, First District. The petition shall be filed
in accordance with rules of procedure prescribed by the Supreme Court of
Florida for review of such orders. The division shall have the right to
intervene in any such review. An award of compensation benefits by the
Industrial Relations Commission shall be entitled to expedited disposition
within the time and the manner prescribed by the Florida Rules of
Appellate Procedure. Any benefits which are awarded by a judge of
compensation claims which are reversed on review by the Industrial
Relations Commission shall be withheld pending the outcome of an appeal
to the District Court of Appeal, First District.
Section 27. Subsections (2), (3), (5), and (7) of section 440.34, Florida
Statutes, 1990 Supplement, are reenacted to read:
440.34 Attorney's fees; costs; penalty for violations.-
(2) In awarding a reasonable attorney's fee, the judge of compensation
claims shall consider only those benefits to the claimant that the attorney
is responsible for securing. The amount, statutory basis, and type of
benefits obtained through legal representation shall be listed on all
attorney's fees awarded by the judge of compensation claims. For purposes

30 JOURNAL OF THE HOUSE

(3) If the claimant should prevail in any proceedings before a judge of
compensation claims, the Industrial Relations Commission, or court, there
shall be taxed against the employer the reasonable costs of such
proceedings, not to include the attorney's fees of the claimant. A claimant
shall be responsible for the payment of his own attorney's fees, except that
a claimant shall be entitled to recover a reasonable attorney's fee from a
carrier or employer:
(a) Against whom he successfully asserts a claim for medical benefits
only, if the claimant has not filed or is not entitled to file at such time a
claim for disability, permanent impairment, wage-loss, or death benefits,
arising out of the same accident; or
(b) In any case in which the employer or carrier fails or refuses to pay
a claim filed with the division which meets the requirements of s.
440.19(1)(e) on or before the 21st day after receiving notice of the claim,
and the injured person has employed an attorney in the successful
prosecution of his claim; or
(c) In a proceeding in which a carrier or employer denies that an injury
occurred for which compensation benefits are payable, and the claimant
prevails on the issue of compensability; or
(d) In cases where the claimant successfully prevails in proceedings
filed under s. 440.24 or s. 440.28.
In applying the factors set forth in subsection (1) to cases arising under
paragraphs (a), (b), (c), and (d) of this subsection, the judge of
compensation claims shall only consider such benefits and the time
reasonably spent in obtaining them as were secured for the claimant within
the scope of paragraphs (a), (b), (c), and (d) of this subsection.
(5) If any proceedings are had for review of any claim, award, or
compensation order before the Industrial Relations Commission or any
court, the commission or court may award the injured employee or
dependent an attorney's fee to be paid by the employer or carrier, in its
discretion, which shall be paid as the commission or court may direct.
(7) No judge of compensation claims shall enter an order approving the
contents of a retainer agreement that permits the escrowing of any portion
of the employee's compensation until benefits have been secured.
Section 28. Subsection (4) of section 440.37, Florida Statutes, 1990
Supplement, is reenacted to read:
440.37 Misrepresentation; fraudulent activities; penalties.-
(4) Any person who knowingly makes any false or misleading statement
or representation, whether written or oral, required by s. 440.381 for the
purpose of avoiding or diminishing the amount of the payment of any
workers' compensation premiums to a carrier or self-insurance fund
commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
Section 29. Subsections (1), (3), and (5) of section 440.38, Florida
Statutes, 1990 Supplement, are reenacted to read:
440.38 Security for compensation; insurance carriers and self-
insurers.-
(1) Every employer shall secure the payment of compensation under
this chapter:
(a) By insuring and keeping insured the payment of such compensation
with any stock company or mutual company or association or exchange,
authorized to do business in the state;
(b) By furnishing satisfactory proof to the division of his financial
ability to pay such compensation and receiving an authorization from the
division to pay such compensation directly in accordance with the
following provisions:
1. The division may, as a condition to such authorization, require such
employer to deposit in a depository designated by the division either an
indemnity bond or securities, at the option of the employer, of a kind and
in an amount determined by the division and subject to such conditions as
the division may prescribe, which shall include authorization to the

division in the case of default to sell any such securities sufficient to pay
compensation awards or to bring suit upon such bonds, to procure prompt
payment of compensation under this chapter. In addition, the division
shall require, as a condition to authorization to self-insure, proof that the
employer has provided for competent personnel with whom to deliver

I]:

e. Securities issued by this state and backed by the full faith and credit
of this state.
5. The qualifying security deposit shall be held by the division, or by
a depository authorized by the division, exclusively for the benefit of
workers' compensation claimants. The security shall not be subject to

E OF REPRESENTATIVES January 22, 1991

benefits and to provide a safe working environment. Further, the division
shall require such employer to carry reinsurance at levels that will ensure
the actuarial soundness of such employer in accordance with rules
promulgated by the division. The division may by rule require that, in the
event of an individual self-insurer's insolvency, such indemnity bonds,
securities, and reinsurance policies shall be payable to the Florida Self-
Insurers Guaranty Association, Incorporated, created pursuant to s.
440.385. Any employer securing compensation in accordance with the
provisions of this paragraph shall be known as a self-insurer and shall be
classed as a carrier of his own insurance.
2. If the employer fails to maintain the foregoing requirements, the
division shall revoke the employer's authority to self-insure, unless the
employer provides to the division the certified opinion of an independent
actuary who is a member of the American Society of Actuaries as to the
actuarial present value of the employer's determined and estimated future
compensation payments based on cash reserves, using a 4-percent discount
rate, and a qualifying security deposit equal to 1.5 times the value so
certified. The employer shall thereafter annually provide such a certified
opinion until such time as the employer meets the requirements of
subparagraph 1. The qualifying security deposit shall be adjusted at the
time of each such annual report. Upon the failure of the employer to timely
provide such opinion or to timely provide a security deposit in an amount
equal to 1.5 times the value certified in the latest opinion, the division shall
then revoke such employer's authorization to self-insure, and such failure
shall be deemed to constitute an immediate serious danger to the public
health, safety, or welfare sufficient to justify the summary suspension of
the employer's authorization to self-insure pursuant to s. 120.68.
3. Upon the suspension or revocation of the employer's authorization
to self-insure, the employer shall provide to the division and to the Florida
Self-Insurers Guaranty Association, Incorporated, created pursuant to s.
440.385 the certified opinion of an independent actuary who is a member
of the American Society of Actuaries of the actuarial present value of the
determined and estimated future compensation payments of the employer
for claims incurred while the member exercised the privilege of self-
insurance, using a discount rate of 4 percent. The employer shall provide
such an opinion at 6-month intervals thereafter until such time as the
latest opinion shows no remaining value of claims. With each such opinion,
the employer shall deposit with the division a qualifying security deposit
in an amount equal to the value certified by the actuary. The association
has a cause of action against an employer, and against any successor of the
employer, who fails to timely provide such opinion or who fails to timely
maintain the required security deposit with the division. The association
shall recover a judgment in the amount of the actuarial present value of
the determined and estimated future compensation payments of the
employer for claims incurred while the employer exercised the privilege of
self-insurance, together with attorney's fees. For purposes of this section,
the successor of an employer means any person, business entity, or group
of persons or business entities, which holds or acquires legal or beneficial
title to the majority of the assets or the majority of the shares of the
employer.
4. A qualifying security deposit shall consist, at the option of the
employer, of:
a. Surety bonds, in a form and containing such terms as prescribed by
the division, issued by a corporation surety authorized to transact surety
business by the Department of Insurance, and whose policyholders' and
financial ratings, as reported in A.M. Best's Insurance Reports, Property-
Liability, are not less than "A" and "V", respectively.
b. Certificates of deposit with financial institutions, the deposits of
which are insured through the Federal Deposit Insurance Corporation or
the Federal Savings and Loan Insurance Corporation.
c. Irrevocable letters of credit in favor of the division issued by
financial institutions described in sub-subparagraph b.
d. Direct obligations of the United States Treasury backed by the full
faith and credit of the United States.

assignment, execution, attachment, or any legal process whatsoever, except
as necessary to guarantee the payment of compensation under this chapter.
No surety bond may be terminated, and no other qualifying security may
be allowed to lapse, without 90 days' prior notice to the division and deposit
by the self-insuring employer of other qualifying security of equal value
within 10 business days after such notice. Failure to provide such notice
or failure to timely provide qualifying replacement security after such
notice shall constitute grounds for the division to call or sue upon the
surety bond, or to act with respect to other pledged security in any manner
necessary to preserve its value for the purposes intended by this section,
including the exercise of rights under a letter of credit, the sale of any
security at then prevailing market rates, or the withdrawal of any funds
represented by any certificate of deposit forming part of the qualifying
security deposit;
(c) By entering into a contract with a public utility under an approved
utility-provided self-insurance program as set forth in s. 440.571 in effect
as of July 1, 1983. The division shall adopt rules to implement this
paragraph;
(d) By entering into an interlocal agreement with other local
governmental entities to create a local government pool pursuant to s.
440.575;
(e) By obtaining a 24-hour health insurance policy which shall provide
medical benefits required by this chapter and which shall meet criteria
established by the Department of Insurance by rule. The 24-hour health
insurance policy may provide for health care by a health maintenance
organization or a preferred provider organization. The premium for such
24-hour health insurance policy shall be paid entirely by the employer. The
24-hour health insurance policy may utilize deductibles and coinsurance
provisions that require the employee to pay a portion of the actual medical
care received by the employee. In the event an employer obtains a 24-hour
health insurance policy to secure payment of compensation as to medical
benefits, the employer shall also obtain an insurance policy which shall
provide indemnity benefits, so that the total coverage afforded by both the
24-hour health insurance policy and the policy providing indemnity
benefits, shall provide the total compensation required by this chapter; or
(f) By entering into a contract with an individual self-insurer under an
approved individual self-insurer-provided self-insurance program as set
forth in s. 440.571. The division may adopt rules to implement this
subsection.
(3)(a) The license of any stock company or mutual company or
association or exchange authorized to do insurance business in the state
shall for good cause, upon recommendation of the division, be suspended
or revoked by the Department of Insurance. No suspension or revocation
shall affect the liability of any carrier already incurred.
(b) The division shall suspend or revoke any authorization to a self-
insurer for good cause. No suspension or revocation shall affect the liability
of any self-insurer already incurred.
(c) Violation of s. 440.381 by a self-insurance fund shall result in the
imposition of a fine not to exceed $1,000 per audit if the self-insurance fund
fails to act on said audits by correcting errors in employee classification or
accepted applications for coverage where it knew employee classifications
were incorrect. Such fines shall be levied by the division and deposited into
the Workers' Compensation Administration Trust Fund.
(5) All insurance carriers authorized to write workers' compensation
insurance in this state shall make available, at the written request of the
employer, an insurance policy containing deductibles in the amount of
$500, $1,000, $1,500, $2,000, and $2,500 per claim and a coinsurance
provision per claim. Any amount of coinsurance shall bind the carrier to
pay 80 percent, and the employer to pay 20 percent, of the benefits due to
an employee for an injury compensable under this chapter of the amount
of benefits above the deductible, up to the limit of $21,000. One hundred
percent of the benefits above the amount of any deductible and
coinsurance, as the case may be, due to an employee for one injury shall
be paid solely by the carrier. Regardless of any coinsurance or deductible
amount, the claim shall be paid by the applicable carrier, which shall then
be reimbursed by the employer for any coinsurance or deductible amounts
paid by the carrier. No insurance carrier shall be required to offer a
deductible or coinsurance to any employer if, as a result of a credit
investigation, the carrier determines that the employer is not sufficiently

financially stable to be responsible for payment of such deductible or
coinsurance amounts.

31

Section 30. Section 440.381, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.381 Application for coverage; reporting payroll; payroll audit
procedures; penalties.-
(1) Applications by an employer to a carrier for coverage required by
s. 440.38 shall be made on a form prescribed by the Department of
Insurance. The Department of Insurance shall adopt rules by January 1,
1991, for applications for coverage required by s. 440.38. The rules shall
provide that an application include information on the employer, the type
of business, past and prospective payroll, estimated revenue, previous
workers' compensation experience, employee classification, employee
names, and any other information necessary to enable a carrier to
accurately underwrite the applicant. The rules shall also require that an
employer update an application monthly to reflect any change in the
required application information.
(2) The application or application update shall contain a statement
that the filing of an application or application update containing false,
misleading, or incomplete information with the purpose of avoiding or
reducing the amount of premiums for workers' compensation coverage is
a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. The application shall contain a sworn statement by the
employer attesting to the accuracy of the information submitted and
acknowledging the provisions of s. 440.37(4).
(3) The Department of Insurance and the Department of Labor and
Employment Security shall establish by rule minimum requirements for
audits of payroll and classifications in order to ensure that the appropriate
premium is charged for workers' compensation coverage. The rules shall
ensure that audits performed by both carriers and employers are adequate
to provide that all sources of payments to employees, subcontractors, and
independent contractors have been reviewed and that the accuracy of
classification of employees has been verified. The rules shall provide that
employers in all classes other than the construction class be audited not
less frequently than biennially and may provide for more frequent audits
of employers in specified classifications based on factors such as amount
of premium, type of business, loss ratios, or other relevant factors. In no
event shall employers in the construction class, generating more than the
amount of premium required to be experience rated, be audited less than
annually. The annual audits required for construction classes shall consist
of a physical onsite audit for the years 1991-1993. Payroll verification audit
rules shall include, but not be limited to, the use of state and federal reports
of employee income, payroll and other accounting records, certificates of
insurance maintained by subcontractors, and duties of employees.
(4) Each employer shall submit a copy of the quarterly earning report
required by chapter 443 at the end of each quarter to the carrier and submit
self-audits supported by the quarterly earnings reports required by chapter
443 and the rules of the Division of Unemployment Compensation. Such
reports shall include a sworn statement by an officer or principal of the
employer attesting to the accuracy of the information contained in the
report.
(5) Employers shall make available all records necessary for the payroll
verification audit and permit the auditor to make a physical inspection of
the employer's operation. If the employer fails upon request of the auditor
to provide access to the documents specified in this section and the carrier
cannot complete the audit as a result, the employer shall pay $500 to the
carrier to defray the costs of the audits.
(6) If an employer intentionally understates payroll or misrepresents
employee duties so as to avoid proper classification for premium
calculations, the employer shall pay, in addition to any additional premium
due resulting from an audit, a 12-percent penalty on the amount
underpaid. The penalty shall be paid to the carrier.
(7) If an employee suffering a compensable injury was not reported as
earning wages on the last quarterly earnings report filed with the Division
of Unemployment Compensation before the accident, the employer shall
indemnify the carrier for all workers' compensation benefits paid to or on
behalf of the employee unless the employer establishes that the employee
was hired after the filing of the quarterly report, in which case the employer
and employee shall attest to the fact that the employee was employed by
the employer at the time of the injury. It shall be the responsibility of the

Division of Workers' Compensation to collect all necessary data so as to
enable it to notify the carrier of the name of an injured worker who was not

January 22, 1991

JOURNAL OF THE HOUSE OF REPRESENTATIVES

32 JOURNAL OF THE HOUSE

reported as earning wages on the last quarterly earnings report. The
division is hereby authorized to release such records to the carrier which
will enable the carrier to seek reimbursement as provided under this
subsection. Failure of the employer to indemnify the insurer within 21 days
after demand by the insurer shall constitute grounds for the insurer to
immediately cancel coverage. Any action for indemnification brought by
the carrier shall be cognizable in the circuit court having jurisdiction where
the employer or carrier resides or transacts business. The insurer shall be
entitled to a reasonable attorney's fee if it recovers any portion of the
benefits paid in such action.
(8) If an employer fails to provide reasonable access to payroll records
for a payroll verification audit, the employer shall pay a premium to the
carrier or self-insurer not to exceed three times the most recent estimated
annual premium.
Section 31. Section 440.385, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.385 Florida Self-Insurers Guaranty Association, Incorporated.-
(1) CREATION OF ASSOCIATION.-
(a) There is created a nonprofit corporation to be known as the
"Florida Self-Insurers Guaranty Association, Incorporated," hereinafter
referred to as "the association." Upon incorporation of the association, all
individual self-insurers as defined in ss. 440.02(21)(a) and 440.38(1)(b),
other than individual self-insurers which are public utilities or
governmental entities, shall be members of the association as a condition
of their authority to individually self-insure in this state. The association
shall perform its functions under a plan of operation as established and
approved under subsection (5) and shall exercise its powers and duties
through a board of directors as established under subsection (2). The
corporation shall have those powers granted or permitted corporations not
for profit, as provided in chapter 617.
(b) A member may voluntarily withdraw from the association when the
member voluntarily terminates the self-insurance privilege and pays all
assessments due to the date of such termination. However, the
withdrawing member shall continue to be bound by the provisions of this
section relating to the period of his membership and any claims charged
pursuant thereto. The withdrawing member who is a member on or after
January 1, 1991, shall also be required to provide to the division upon
withdrawal, and at 12-month intervals thereafter, satisfactory proof that
it continues to meet the standards of s. 440.38(1)(b)1. in relation to claims
incurred while the withdrawing member exercised the privilege of self-
insurance. Such reporting shall continue until the withdrawing member
satisfies the division that there is no remaining value to claims incurred
while the withdrawing member was self-insured. If during this reporting
period the withdrawing member fails to meet the standards of s.
440.38(1)(b)1., the withdrawing member who is a member on or after
January 1, 1991, shall thereupon, and at 6-month intervals thereafter,
provide to the division and the association the certified opinion of an
independent actuary who is a member of the American Society of Actuaries
of the actuarial present value of the determined and estimated future
compensation payments of the member for claims incurred while the
member was a self-insurer, using a discount rate of 4 percent. With each
such opinion, the withdrawing member shall deposit with the division
security in an amount equal to the value certified by the actuary and of a
type that is acceptable for qualifying security deposits under s.
440.38(1)(b). The withdrawing member shall continue to provide such
opinions and to provide such security until such time as the latest opinion
shows no remaining value of claims. The association has a cause of action
against a withdrawing member, and against any successor of a withdrawing
member, who fails to timely provide the required opinion or who fails to
maintain the required deposit with the division. The association shall be
entitled to recover a judgment in the amount of the actuarial present value
of the determined and estimated future compensation payments of the
withdrawing member for claims incurred during the time that the
withdrawing member exercised the privilege of self-insurance, together

with reasonable attorney's fees. For purposes of this section, the successor
of a withdrawing member means any person, business entity, or group of
persons or business entities, which holds or acquires legal or beneficial title
to the majority of the assets or the majority of the shares of the
withdrawing member.

]

covered claims and also to pay the reasonable costs to administer them, the
Department of Labor and Employment Security, upon certification of the
board of directors, shall levy assessments based on the annual normal
premium each employer would have paid had he not been self-insured.
Every assessment shall be made as a uniform percentage of the figure

E OF REPRESENTATIVES January 22, 1991

(2) BOARD OF DIRECTORS.-The board of directors of the
association shall consist of nine persons and shall be organized as
established in the plan of operation. With respect to initial appointments,
the Secretary of Labor and Employment Security shall, by July 15, 1982,
approve and appoint to the board persons who are experienced with self-
insurance in this state and who are recommended by the individual self-
insurers in this state required to become members of the association
pursuant to the provisions of paragraph (1)(a). In the event the secretary
finds that any person so recommended does not have the necessary
qualifications for service on the board and a majority of the board has been
appointed, the secretary shall request the directors thus far approved and
appointed to recommend another person for appointment to the board.
Each director shall serve for a 4-year term and may be reappointed.
Appointments other than initial appointments shall be made by the
Secretary of Labor and Employment Security upon recommendation of
members of the association. Any vacancy on the board shall be filled for
the remaining period of the term in the same manner as appointments
other than initial appointments are made. Each director shall be
reimbursed for expenses incurred in carrying out the duties of the board
on behalf of the association.
(3) POWERS AND DUTIES.-
(a) Upon creation of the Insolvency Fund pursuant to the provisions
of subsection (4), the association is obligated for payment of compensation
under this chapter to insolvent members' employees resulting from
incidents and injuries existing prior to the member becoming an insolvent
member and from incidents and injuries occurring within 30 days after the
member has become an insolvent member, provided the incidents giving
rise to claims for compensation under this chapter occur during the year
in which such insolvent member is a member of the guaranty fund and was
assessable pursuant to the plan of operation, and provided the employee
makes timely claim for such payments according to procedures set forth
by a court of competent jurisdiction over the delinquency or bankruptcy
proceedings of the insolvent member. Such obligation includes only that
amount due the injured worker or workers of the insolvent member under
this chapter. In no event is the association obligated to a claimant in an
amount in excess of the obligation of the insolvent member. The
association shall be deemed the insolvent employer for purposes of this
chapter to the extent of its obligation on the covered claims and, to such
extent, shall have all rights, duties, and obligations of the insolvent
employer as if the employer had not become insolvent. However, in no
event shall the association be liable for any penalties or interest.
(b) The association may:
1. Employ or retain such persons as are necessary to handle claims and
perform other duties of the association.
2. Borrow funds necessary to effect the purposes of this section in
accord with the plan of operation.
3. Sue or be sued.
4. Negotiate and become a party to such contracts as are necessary to
carry out the purposes of this section.
5. Purchase such reinsurance as is determined necessary pursuant to
the plan of operation.
6. Review all applicants for membership in the association. Prior to a
final determination by the Division of Workers' Compensation as to
whether or not to approve any applicant for membership in the association,
the association may issue opinions to the division concerning any
applicant, which opinions shall be considered by the division prior to any
final determination.
7. Charge fees to any member of the association to cover the actual
costs of examining the financial and safety conditions of that member.
8. Charge an applicant for membership in the association a fee
sufficient to cover the actual costs of examining the financial condition of
the applicant.
(c)l. To the extent necessary to secure funds for the payment of

JOURNAL OF THE HOUSE OF REPRESENTATIVES

applicable to all individual self-insurers, provided that the assessment
levied against any self-insurer in any one year shall not exceed 1 percent
of the annual normal premium during the calendar year preceding the date
of the assessment. Assessments shall be remitted to and administered by
the board of directors in the manner specified by the approved plan. Each
employer so assessed shall have at least 30 days' written notice as to the
date the assessment is due and payable. The association shall levy
assessments against any newly admitted member of the association so that
the basis of contribution of any newly admitted member is the same as
previously admitted members, provision for which shall be contained in the
plan of operation.
2. If, in any one year, funds available from such assessments, together
with funds previously raised, are not sufficient to make all the payments
or reimbursements then owing, the funds available shall be prorated, and
the unpaid portion shall be paid as soon thereafter as sufficient additional
funds become available.
3. No state funds of any kind shall be allocated or paid to the
association or any of its accounts except those state funds accruing to the
association by and through the assignment of rights of an insolvent
employer.
(4) INSOLVENCY FUND.-Upon the adoption of a plan of operation
or the adoption of rules by the Department of Labor and Employment
Security pursuant to subsection (5), there shall be created an Insolvency
Fund to be managed by the association.
(a) The Insolvency Fund is created for purposes of meeting the
obligations of insolvent members incurred while members of the
association and after the exhaustion of any bond, as required under this
chapter. However, if such bond, surety, or reinsurance policy is payable to
the Florida Self-Insurers Guaranty Association, the association shall
commence to provide benefits out of the Insolvency Fund and be
reimbursed from the bond, surety, or reinsurance policy. The method of
operation of the Insolvency Fund shall be defined in the plan of operation
as provided in subsection (5).
(b) The department shall have the authority to audit the financial
soundness of the Insolvency Fund annually.
(c) The department may offer certain amendments to the plan of
operation to the board of directors of the association for purposes of
assuring the ongoing financial soundness of the Insolvency Fund and its
ability to meet the obligations of this section.

2. Establish procedures for handling assets of the association.
3. Establish the amount and method of reimbursing members of the
board of directors under subsection (2).
4. Establish procedures by which claims may be filed with the
association and establish acceptable forms of proof of covered claims.
Notice of claims to the receiver or liquidator of the insolvent employer shall
be deemed notice to the association or its agent, and a list of such claims
shall be submitted periodically to the association or similar organization
in another state by the receiver or liquidator.
5. Establish regular places and times for meetings of the board of
directors.
6. Establish procedures for records to be kept of all financial
transactions of the association and its agents and the board of directors.
7. Provide that any member employer aggrieved by any final action or
decision of the association may appeal to the department within 30 days
after the action or decision.
8. Establish the procedures whereby recommendations of candidates
for the board of directors shall be submitted to the department.
9. Contain additional provisions necessary or proper for the execution
of the powers and duties of the association.
(e) The plan of operation may provide that any or all of the powers and
duties of the association, except those specified under subparagraphs (d)1.
and 2., be delegated to a corporation, association, or other organization
which performs or will perform functions similar to those of this
association or its equivalent in two or more states. Such a corporation,
association, or organization shall be reimbursed as a servicing facility
would be reimbursed and shall be paid for its performance of any other
functions of the association. A delegation of powers or duties under this
subsection shall take effect only with the approval of both the board of
directors and the department and may be made only to a corporation,
association, or organization which extends protection which is not
substantially less favorable and effective than the protection provided by
this section.
(6) POWERS AND DUTIES OF DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY.-
(a) The department shall:
1. Notify the association of the existence of an insolvent employer not
later than 3 days after it receives notice of the determination of insolvency.

(d) The department actuary may make certain recommendations to 2. Upon request of the board of directors, provide the association with
improve the orderly payment of claims, a statement of the annual normal premiums of each member employer.

(5) PLAN OF OPERATION.-By September 15, 1982, the board of
directors shall submit to the Department of Labor and Employment
Security a proposed plan of operation for the administration of the
association and the Insolvency Fund.
(a) The purpose of the plan of operation shall be to provide the
association and the board of directors with the authority and responsibility
to establish the necessary programs and to take the necessary actions to
protect against the insolvency of a member of the association. In addition,
the plan shall provide that the members of the association shall be
responsible for maintaining an adequate Insolvency Fund to meet the
obligations of insolvent members provided for under this act and shall
authorize the board of directors to contract and employ those persons with
the necessary expertise to carry out this stated purpose.
(b) The plan of operation, and any amendments thereto, shall take
effect upon approval in writing by the department. If the board of directors
fails to submit a plan by September 15, 1982, or fails to make required
amendments to the plan within 30 days thereafter, the department shall
promulgate such rules as are necessary to effectuate the provisions of this
subsection. Such rules shall continue in force until modified by the
department or superseded by a plan submitted by the board of directors
and approved by the department.
(c) All member employers shall comply with the plan of operation.
(d) The plan of operation shall:
1. Establish the procedures whereby all the powers and duties of the
association under subsection (3) will be performed.

(b) The department may:
1. Require that the association notify the member employers and any
other interested parties of the determination of insolvency and of their
rights under this section. Such notification shall be by mail at the last
known address thereof when available; but, if sufficient information for
notification by mail is not available, notice by publication in a newspaper
of general circulation shall be sufficient.
2. Suspend or revoke the authority of any member employer failing to
pay an assessment when due or failing to comply with the plan of operation
to self-insure in this state. As an alternative, the department may levy a
fine on any member employer failing to pay an assessment when due. Such
fine shall not exceed 5 percent of the unpaid assessment per month, except
that no fine shall be less than $100 per month.
3. Revoke the designation of any servicing facility if the department
finds that claims are being handled unsatisfactorily.
(7) EFFECT OF PAID CLAIMS.-
(a) Any person who recovers from the association under this section
shall be deemed to have assigned his rights to the association to the extent
of such recovery. Every claimant seeking the protection of this section shall
cooperate with the association to the same extent as such person would
have been required to cooperate with the insolvent member. The
association shall have no cause of action against the employee of the
insolvent member for any sums the association has paid out, except such
causes of action as the insolvent member would have had if such sums had
been paid by the insolvent member. In the case of an insolvent member

January 22, 1991

33

34 JOURNAL OF THE HOUSE

operating on a plan with assessment liability, payments of claims by the
association shall not operate to reduce the liability of the insolvent member
to the receiver, liquidator, or statutory successor for unpaid assessments.
(b) The receiver, liquidator, or statutory successor of an insolvent
member shall be bound by settlements of covered claims by the association
or a similar organization in another state. The court having jurisdiction
shall grant such claims priority against the assets of the insolvent member
equal to that to which the claimant would have been entitled in the absence
of this section. The expense of the association or similar organization in
handling claims shall be accorded the same priority as the expenses of the
liquidator.
(c) The association shall file periodically with the receiver or liquidator
of the insolvent member statements of the covered claims paid by the
association and estimates of anticipated claims on the association, which
shall preserve the rights of the association against the assets of the
insolvent member.
(8) PREVENTION OF INSOLVENCIES.-To aid in the detection
and prevention of employer insolvencies:
(a) Upon determination by majority vote that any member employer
may be insolvent or in a financial condition hazardous to the employees
thereof or to the public, it shall be the duty of the board of directors to
notify the Department of Labor and Employment Security of any
information indicating such condition.
(b) The board of directors may, upon majority vote, request that the
department determine the condition of any member employer which the
board in good faith believes may no longer be qualified to be a member of
the association. Within 30 days of the receipt of such request or, for good
cause shown, within a reasonable time thereafter, the department shall
make such determination and shall forthwith advise the board of its
findings. Each request for a determination shall be kept on file by the
department, but the request shall not be open to public inspection prior
to the release of the determination to the public.
(c) It shall also be the duty of the department to report to the board
of directors when it has reasonable cause to believe that a member
employer may be in such a financial condition as to be no longer qualified
to be a member of the association.
(d) The board of directors may, upon majority vote, make reports and
recommendations to the department upon any matter which is germane to
the solvency, liquidation, rehabilitation, or conservation of any member
employer. Such reports and recommendations shall not be considered
public documents.
(e) The board of directors may, upon majority vote, make
recommendations to the department for the detection and prevention of
employer insolvencies.
(f) The board of directors shall, at the conclusion of any member's
insolvency in which the association was obligated to pay covered claims,
prepare a report on the history and cause of such insolvency, based on the
information available to the association, and shall submit such report to
the department.
(9) EXAMINATION OF THE ASSOCIATION.-The association
shall be subject to examination and regulation by the Department of Labor
and Employment Security. No later than March 30 of each year, the board
of directors shall submit a financial report for the preceding calendar year
in a form approved by the department.
(10) IMMUNITY.-There shall be no liability on the part of, and no
cause of action of any nature shall arise against, any member employer, the
association or its agents or employees, the board of directors, or the
Department of Labor and Employment Security or its representatives for
any action taken by them in the performance of their powers and duties
under this section.
(11) STAY OF PROCEEDINGS; REOPENING OF DEFAULT
JUDGMENTS.-All proceedings in which an insolvent employer is a

party, or is obligated to defend a party, in any court or before any quasi-
judicial body or administrative board in this state shall be stayed for up
to 6 months, or for such additional period from the date the employer
becomes an insolvent member, as is deemed necessary by a court of
competent jurisdiction to permit proper defense by the association of all

I]

(a) The department may apply to the court for an order appointing a
receiver or ancillary receiver, and directing the receiver to conserve the
assets within this state, of a foreign individual self-insurer if such
individual self-insurer is insolvent. Florida Self-Insurers Guaranty
Association, Incorporated, may petition the department to apply for such

E OF REPRESENTATIVES January 22, 1991

pending causes of action as to any covered claims arising from a judgment
under any decision, verdict, or finding based on the default of the insolvent
member. The association, either on its own behalf or on behalf of the
insolvent member, may apply to have such judgment, order, decision,
verdict, or finding set aside by the same court or administrator that made
such judgment, order, decision, verdict, or finding and shall be permitted
to defend against such claim on the merits. If requested by the association,
the stay of proceedings may be shortened or waived.
(12) LIMITATION ON CERTAIN ACTIONS.-Notwithstanding any
other provision of this chapter, a covered claim, as defined herein, with
respect to which settlement is not effected and pursuant to which suit is
not instituted against the insured of an insolvent member or the
association within 1 year after the deadline for filing claims with the
receiver of the insolvent member, or any extension of the deadline, shall
thenceforth be barred as a claim against the association.
(13) CORPORATE INCOME TAX CREDIT.-Any sums acquired by
a member by refund, dividend, or otherwise from the association shall be
payable within 30 days of receipt to the Department of Revenue for deposit
with the Treasurer to the credit of the General Revenue Fund. All
provisions of chapter 220 relating to penalties and interest on delinquent
corporate income tax payments apply to payments due under this
subsection.
Section 32. Section 440.386, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.386 Individual self-insurers' insolvency; conservation;
liquidation.-
(1) JURISDICTION OF DELINQUENCY PROCEEDING VENUE;
CHANGE OF APPEAL.-
(a) The circuit court shall have original jurisdiction in any delinquency
proceeding under this section, and any court with jurisdiction is authorized
to make all necessary or proper orders to carry out the purposes of this
section.
(b) The venue of a delinquency proceeding or summary proceeding
against a domestic or foreign individual self-insurer shall be in the Circuit
Court of Leon County.
(c) An appeal shall be to the District Court of Appeal, First District,
from an order granting or refusing liquidation or conservation and from
every order in a delinquency proceeding having the character of a final
order as to the particular portion of the proceeding embraced therein.
(2) COMMENCEMENT OF DELINQUENCY PROCEEDING.-
The department may commence any such proceeding by application to the
court for an order directing the individual self-insurer to show cause why
the department should not have the relief prayed for. The Florida Self-
Insurers Guaranty Association, Incorporated, may petition the department
to commence such proceedings, and upon receipt of such petition, the
department shall commence such proceeding. On the return of such order
to show cause, and after a full hearing, the court shall either deny the
application or grant the application, together with such other relief as the
nature of the case and the interests of the claimants, creditors,
stockholders, members, subscribers, or public may require. The Florida
Self-Insurers Guaranty Association, Incorporated, shall be given
reasonable written notice by the department of all hearings which pertain
to an adjudication of insolvency of a member individual self-insurer.
(3) GROUNDS FOR LIQUIDATION.-The department may apply to
the court for an order appointing a receiver and directing the receiver to
liquidate the business of a domestic individual self-insurer if such
individual self-insurer is insolvent. Florida Self-Insurers Guaranty
Association, Incorporated, may petition the department to apply to the
court for such order. Upon receipt of such petition, the department shall
apply to the court for such order.
(4) GROUNDS FOR CONSERVATION; FOREIGN INDIVIDUAL
SELF-INSURERS.-

order, and, upon receipt of such petition, the department shall apply to the
court for such order.
(b) An order to conserve the assets of an individual self-insurer shall
require the receiver forthwith to take possession of the property of the
receiver within the state and to conserve it, subject to the further direction
of the court.
(5) PROCEDURE IN LIQUIDATIONS OF INDIVIDUAL SELF-
INSURER BY COURT.-
(a) In proceedings to liquidate the assets and business of an individual
self-insurer, the court shall have power:
1. To issue injunctions.
2. To appoint a receiver or receivers pendente lite with such powers and
duties as the court, from time to time, may direct.
3. To take such other proceedings as may be requisite to preserve the
individual self-insurer assets, wherever situated, and carry on the business
of the individual self-insurer until a full hearing can be held.
(b) After a hearing had upon such notice as the court may direct to be
given to all parties to the proceedings and to any other parties in interest
designated by the court, the court may appoint a liquidating receiver or
receivers with authority to collect the assets of the individual self-insurer.
Such liquidating receiver or receivers shall have authority, subject to the
order of the court, to sell, convey, and dispose of all or any part of the assets
of the individual self-insurer, wherever situated, either at public or private
sale. The assets of the individual self-insurer or the proceeds resulting from
a sale, conveyance, or other disposition thereof shall be applied to the
expenses of such liquidation and to the payment of the liabilities and
obligations of the individual self-insurer, and any remaining assets or
proceeds shall be distributed among its owners or shareholders according
to their respective rights and interests. The order appointing such
liquidating receiver or receivers shall state their powers and duties. Such
powers and duties may be increased or diminished at any time during the
proceedings.
(c) The court shall have power to allow, from time to time, as expenses
of the liquidation, compensation to the receiver or receivers and to the
receiver's attorneys in the proceeding and to direct the payment thereof
out of the assets of the individual self-insurer or the proceeds of any sale
or disposition of such assets.
(d) A receiver of an individual self-insurer appointed under the
provisions of this section shall have authority to sue and defend in all
courts in his own name as receiver of such individual self-insurer. The court
appointing such receiver shall have exclusive jurisdiction of the individual
self-insurer and its property, wherever situated.
(e) The circuit court shall have jurisdiction to appoint an ancillary
receiver for the assets and business of such individual self-insurer, to serve
ancillary to the receiver for the assets and business of the individual self-
insurer acting under orders of a court having jurisdiction to appoint such
a receiver for the individual self-insurer, located in any other state,
whenever circumstances exist deemed by the court to require the
appointment of such ancillary receiver. Such court, whenever
circumstances exist deemed by it to require the appointment of a receiver
for all the assets in and out of this state, and the business, of a foreign
individual self-insurer doing business in this state, in accordance with the
ordinary usages of equity, may appoint such a receiver for all its assets in
and out of this state, and its business, even though no receiver has been
appointed elsewhere. Such receivership shall be converted into an ancillary
receivership when deemed appropriate by such circuit court in the light of
orders entered by a court of competent jurisdiction in some other state,
providing for a receivership of all assets and business of such individual
self-insurer.
(6) QUALIFICATIONS OF RECEIVERS.-A receiver shall in all
cases be a natural person or a corporation authorized to act as receiver,
which corporation may be a domestic corporation or a foreign corporation
authorized to transact business in this state, and shall in all cases give such
bond as the court may direct, with such sureties as the court may require.
(7) FILING OF CLAIMS IN LIQUIDATION PROCEEDINGS.-In

proceedings to liquidate the assets and business of an individual self-
insurer, the court may require all creditors of the individual self-insurer to

35

file with the clerk of the court or with the receiver, in such form as the court
may prescribe, proofs under oath of their respective claims. If the court
requires the filing of claims, it shall fix a date, which shall be not less than
4 months from the date of the offer, as the last day for filing of claims, and
shall prescribe the notice of the date so fixed that shall be given to creditors
and claimants. Prior to the date so fixed, the court may extend the time
for the filing of claims. Creditors and claimants failing to file proofs of
claim on or before the date so fixed may be barred, by order of court, from
participating in the distribution of the assets of the individual self-insurer.
Nothing in this section affects the enforceability of any recorded mortgage
or lien or the perfected security interest or rights of a person in possession
of real or personal property.
(8) DISCONTINUANCE OF DELINQUENCY PROCEEDINGS.-
The liquidation of the assets and business or other delinquency
proceedings of an individual self-insurer may be discontinued at any time
during the proceedings when it is established that cause for the
delinquency proceeding no longer exists. In such event, the court shall
dismiss the proceedings and direct the receiver to redeliver to the
individual self-insurer all its remaining property and assets.
(9) VOIDABLE TRANSFERS.-
(a) Any transfer of, or lien upon, the property of an individual self-
insurer which is made or created within 4 months prior to the granting of
an order to show cause under this section with the intent of giving to any
creditor a preference or of enabling him to obtain a greater percentage of
his debt than any other creditor of the same class, and which is accepted
by such creditor having reasonable cause to believe that such preference
will occur, shall be voidable.
(b) Every director, officer, employee, stockholder, member, subscriber,
and any other person acting on behalf of such individual self-insurer who
shall be concerned in any such act or deed and every person receiving
thereby any property of such individual self-insurer or the benefit thereof
shall be personally liable therefore and shall be bound to account to the
court.
(c) The receiver in any proceeding under this section may avoid any
transfer of or lien upon the property of an individual self-insurer which any
creditor, stockholder, or subscriber of such individual self-insurer might
have avoided and may recover the property so transferred unless such
person was a bona fide holder for value prior to the date of the entering
of an order to show cause under this chapter. Such property or its value
may be recovered from anyone who has received it except a bona fide
holder for value as herein specified.
(10) TRANSFERS PRIOR TO PETITION.-
(a) Every transfer made or suffered and every obligation incurred by
an individual self-insurer within 1 year prior to the filing of a successful
petition in any delinquency proceeding under this section, upon a showing
by the receiver that the same was incurred without fair consideration, or
with actual intent to hinder, delay, or defraud either then existing or future
creditors, shall be fraudulent and voidable. However, every such transfer
or obligation incurred or suffered within 6 months prior to the filing of the
above petition shall be presumed void and fraudulent, with the burden of
proof upon the obligee or transferee to show otherwise. This paragraph
shall not apply to a person who in good faith is a purchaser, lienor, or
obligee, for a present fair equivalent value, but any purchaser, lienor, or
obligee who in good faith has given a valuable consideration less than fair
for such transfer, lien, or obligation may retain the property, lien, or
obligation as a security for repayment. The court may, on due notice, order
any such transfer or obligation to be preserved for the benefit of the estate,
and in that event the receiver shall succeed to and may enforce the rights
of the purchaser, lienor, or obligee.
(b) Transfers shall be deemed to have been made or suffered, or
obligations incurred, when perfected according to the following criteria:
1. A transfer of property other than real property shall be deemed to
be made or suffered when it becomes so far perfected that no subsequent
lien obtainable by legal or equitable proceedings on a simple contract could
become superior to the rights of the transferee.
2. A transfer of real property shall be deemed to be made or suffered
when it becomes so far perfected that no subsequent bona fide purchaser

from the individual self-insurer could obtain rights superior to the rights
of the transferee.

January 22, 1991

JOURNAL OF THE HOUSE OF REPRESENTATIVES

36 JOURNAL OF THE HOUSE

3. A transfer which creates an equitable lien shall not be deemed to be
perfected if there are available means by which a legal lien could be
created.
4. Any transfer not perfected prior to the filing of a petition in a
delinquency proceeding shall be deemed to be made immediately before
the filing of a successful petition.
Subparagraphs 1.-4. apply whether or not there are or were creditors who
might have obtained any liens or persons who might have become bona fide
purchasers.
(c) The transferor or obligor individual self-insurer shall record and
preserve adequate official memoranda by corporate minutes which shall
fully reflect all transactions involving transfers as contemplated by this
section of real property or securities of any type and, in the case of all other
property or assets, any transfer out of the individual self-insurer's ordinary
course of business. Any person, firm, or corporation, or any officer,
director, or employee thereof, who violates this paragraph commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or by
a fine of not more than $5,000. Each instance of such violation shall be
considered a separate offense.
(d) The personal liability of the officers or directors of an insolvent
individual self-insurer shall be subject to the provisions of chapter 607 and
the penalties provided therein.
(e) Every transaction of the individual self-insurer with a reinsurer or
an excess insurer within 1 year prior to the filing of the petition shall be
voidable upon a showing that such transaction was made without fair
consideration or with intent to hinder, delay, or defraud either then
existing or future creditors notwithstanding the provisions of subsection
(1).
(11) TRANSFERS AFTER PETITION.-
(a) After the original petition is filed in any delinquency proceeding,
a transfer of any of the real property of the individual self-insurer made
to a person acting in good faith shall be valid against the receiver if made
for a present fair equivalent value, or, if not made for a present fair
equivalent value, then to the extent of the present consideration actually
paid therefore, for which amount the transferee shall have a lien on the
property so transferred. The recording of a copy of the petition for, or order
in, any delinquency proceeding with the clerk of the circuit court in the
county where any real property in question is located is constructive notice
of the commencement of a delinquency proceeding. The exercise by a court
of the United States or any state with jurisdiction to authorize or effect a
judicial sale of real property of the individual self-insurer within any
county in any state shall not be impaired by the pendency of such a
proceeding unless the copy is recorded in the county prior to the
consummation of the judicial sale.
(b) After the original petition for a delinquency proceeding has been
filed and before an order of conservation or liquidation is granted:
1. A transfer of any of the property of the individual self-insurer, other
than real property, made to a person acting in good faith shall be valid
against the receiver if made for a present fair equivalent value, or, if not
made for a present fair equivalent value, then to the extent of the present
consideration actually paid therefore, for which amount the transferee shall
have a lien on the property so transferred.
2. A person indebted to the individual self-insurer or holding property
of the individual self-insurer may, if acting in good faith, pay the
indebtedness or deliver the property or any part thereof to the individual
self-insurer or upon his order, with the same effect as if the petition were
not pending.
(c) A person having actual knowledge of the pending delinquency
proceeding shall be deemed not to act in good faith.
(d) A person asserting the validity of a transfer under this subsection
has the burden of proof. Except as elsewhere provided in this subsection,
any transfer by or in behalf of the individual self-insurer after the date of

filing of the original petition in any delinquency proceeding requesting the
appointment of a receiver by any person other than the receiver is not valid
against the receiver.
(e) Nothing in this section shall impair the negotiability of currency or
negotiable instruments.

i

under the circumstances, including as a mitigating factor whether a claim
or potential claim against a third party is likely to impose liability upon
the party whose cooperation is sought, if it finds such a failure has
occurred. The burden of proof will be upon the employee. The
determination of the amount of the employer's or carrier's recovery shall

E OF REPRESENTATIVES January 22, 1991

(12) JUDGMENT OF INVOLUNTARY DISSOLUTION; ENTRY;
FILING.-
(a) In proceedings to liquidate the assets and business of an individual
self-insurer which is a corporation, when the costs and expenses of such
proceedings and all debts, obligations, and liabilities of the corporation
shall have been paid and discharged and all of its remaining property and
assets distributed to its shareholders or, in case its property and assets are
not sufficient to satisfy and discharge such costs, expenses, debts, and
obligations, all the property and assets have been applied so far as they will
go to their payment, the court shall enter a judgment dissolving the
corporation, whereupon the existence of the corporation shall cease.
(b) In case the court shall enter a judgment dissolving a corporation,
it shall be the duty of the clerk of such court to cause a certified copy of
the judgment to be filed with the Department of State. No fee shall be
charged by the Department of State for the filing thereof.
(13) GUARANTY FUND; ORDERS OF COURT.-Any delinquency
order issued pursuant to this section shall authorize and direct the receiver
to coordinate the operation of the receivership with the operation of the
Florida Self-Insurers Guaranty Association, Incorporated. Such
authorization shall include, but not be limited to, release of copies of any
of the following:
(a) Workers' compensation claims files, records, or documents
pertaining to workers' compensation claims on file with the insolvent
individual self-insurer.
(b) Workers' compensation claims filed with the receiver.
Section 33. Paragraph (a) of subsection (3) of section 440.39, Florida
Statutes, 1990 Supplement, is reenacted to read:
440.39 Compensation for injuries when third persons are liable.-
(3)(a) In all claims or actions at law against a third-party tortfeasor, the
employee, or his dependents or those entitled by law to sue in the event
he is deceased, shall sue for the employee individually and for the use and
benefit of the employer, if a self-insurer, or employer's insurance carrier,
in the event compensation benefits are claimed or paid; and such suit may
be brought in the name of the employee, or his dependents or those entitled
by law to sue in the event he is deceased, as plaintiff or, at the option of
such plaintiff, may be brought in the name of such plaintiff and for the use
and benefit of the employer or insurance carrier, as the case may be. Upon
suit being filed, the employer or the insurance carrier, as the case may be,
may file in the suit a notice of payment of compensation and medical
benefits to the employee or his dependents, which notice shall constitute
a lien upon any judgment or settlement recovered to the extent that the
court may determine to be their pro rata share for compensation and
medical benefits paid or to be paid under the provisions of this law, less
their pro rata share of all court costs expended by the plaintiff in the
prosecution of the suit including reasonable attorney's fees for the
plaintiffs attorney. In determining the employer's or carrier's pro rata
share of those costs and attorney's fees, the employer or carrier shall have
deducted from its recovery a percentage amount equal to the percentage
of the judgment or settlement which is for costs and attorney's fees. Subject
to this deduction, the employer or carrier shall recover from the judgment
or settlement, after costs and attorney's fees incurred by the employee or
dependent in that suit have been deducted, 100 percent of what it has paid
and future benefits to be paid, except, if the employee or dependent can
demonstrate to the court that he did not recover the full value of damages
sustained, the employer or carrier shall recover from the judgment or
settlement, after costs and attorney's fees incurred by the employee or
dependent in that suit have been deducted, a percentage of what it has paid
and future benefits to be paid equal to the percentage that the employee's
net recovery is of the full value of the employee's damages; provided, the
failure by the employer or carrier to comply with the duty to cooperate
imposed by subsection (7) may be taken into account by the trial court in
determining the amount of the employer's or carrier's recovery, and such
recovery may be reduced, as the court deems equitable and appropriate

JOURNAL OF THE HOUSI

be made by the judge of the trial court upon application therefore and notice
to the adverse party. Notice of suit being filed shall be served upon the
employer and compensation carrier and upon all parties to the suit or their
attorneys of record by the employee. Notice of payment of compensation
benefits shall be served upon the employee and upon all parties to the suit
or their attorneys of record by the employer and compensation carrier.
However, if a migrant worker prevails under a private cause of action under
the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) 96
Stat. 2583, as amended, 29 U.S.C. s. 1801 et seq. (1962 ed. and Supp. V),
any recovery by the migrant worker under this act shall be offset 100
percent against any recovery under AWPA.
Section 34. Section 440.43, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.43 Penalty for failure to secure payment of compensation.-Any
employer required to secure the payment of compensation under this
chapter who fails to secure such compensation shall be guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or
s. 775.083 and upon a complaint of the division being filed in the circuit
court of the county in which said employer may be doing business, such
employer may be enjoined from employing individuals and from
conducting business until such payment for compensation has been
secured. However, the employer, upon written notice from the division,
shall show evidence that such compensation was secured for all employees
at the time of receipt of such written notice. If such employer fails to show
evidence that workers' compensation insurance was secured for all
employees at the time of receipt of such written notice, the division shall
assess a penalty of $500, and if coverage is not secured within 96 hours
thereafter, an additional $100 shall be assessed for each day that such
employer fails to comply. Such fines are to be deposited in the Workers'
Compensation Administration Trust Fund. Any contractor found not to
have secured coverage shall be reported by the division to the appropriate
state licensing board for disciplinary action. This section shall not affect
any other liability of the employer under this chapter.
Section 35. Section 37 of chapter 90-201, Laws of Florida, is reenacted
to read:
Section 37. Subsections (8) and (10) of section 440.44, Florida Statutes,
as amended by chapter 89-289, Laws of Florida, are hereby repealed.
Section 36. Section 440.4415, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.4415 Workers' Compensation Oversight Board; legal counsel.-
(1) There is created within the Legislative Branch the Workers'
Compensation Oversight Board. It is the desire of the Legislature that the
Governor participate in the appointment process of members of the
oversight board, and the Legislature accordingly delegates to the Governor
a limited authority with respect to the oversight board by authorizing him
to participate in the selection of members. The board shall be composed
of the following members:
(a) Ten members selected by the Governor, none of whom shall be a
member of the Legislature at the time of appointment, consisting of the
following:
1. A representative of a carrier which writes workers' compensation
insurance in Florida.
2. A representative of a self-insurer which writes workers'
compensation insurance in Florida.
3. An attorney licensed to practice in Florida who is experienced in the
area of workers' compensation.
4. An academician who is recognized for achievement in workers'
compensation.
5. Three representatives of employers who employ at least 10
employees in Florida for which workers' compensation coverage is provided
pursuant to this chapter, at least one of which employers is a licensed
general contractor actively engaged in the construction industry in this
state.
6. Three representatives of employees, one of whom must be a

representative of an employee's union whose members are covered by
workers' compensation pursuant to this chapter.

January 22, 1991

(b) Develop recommendations regarding the method and form of
statistical data collection.
(c) Monitor the performance of the workers' compensation system in
the implementation of legislative directives.

SOF REPRESENTATIVES 37

(b) Five members selected by the President of the Senate, none of
whom shall be members of the Legislature at the time of appointment,
consisting of:
1. A representative of a carrier which writes workers' compensation
insurance in Florida.
2. An attorney licensed to practice in Florida who is certified in
workers' compensation and primarily represents employers.
3. A representative of a health care provider which provides medical
care in Florida pursuant to this chapter.
4. A representative of an employer.
5. A representative of employees.
(c) Five members selected by the Speaker of the House of
Representatives, none of whom shall be members of the Legislature at the
time of appointment, consisting of:
1. A representative of a self-insurer which writes workers'
compensation insurance in Florida and which is sponsored by an
association comprised primarily of licensed contractors.
2. A representative of a health care provider which provides medical
care in Florida pursuant to this chapter.
3. An attorney licensed to practice in Florida who is certified in
workers' compensation and primarily represents injured employees.
4. A representative of employees.
5. A representative of employers which employ fewer than 10
employees in Florida for whom workers' compensation coverage is
provided pursuant to this chapter.
(d) Six nonvoting ex officio members. Two of these members shall be
selected by the Speaker of the House of Representatives and two shall be
selected by the President of the Senate, all of whom shall be members of
the Legislature at the time of appointment. Additionally, the Insurance
Commissioner and the secretary of the Department of Labor and
Employment Security shall be nonvoting ex officio members.
The original appointments to the board shall be made on or before August
1, 1990. Vacancies in the membership of the board shall be filled in the
same manner as the original appointments. Except as to ex officio members
of the board, five appointees of the Governor, three appointees of the
President of the Senate, and three appointees of the Speaker of the House
of Representatives shall serve for terms of 2 years, and the remaining
appointees shall serve for terms of 4 years. Thereafter, all members shall
serve for terms of 4 years; except that a vacancy shall be filled by
appointment for the remainder of the term. Members shall serve without
compensation, but shall be reimbursed for per diem and travel expenses
in accordance with s. 112.061. The board shall have an organizational
meeting on or before August 15, 1990. The board shall elect a chairman
from its membership at the organizational meeting. Thereafter, the board
shall meet at the call of its chairman and at least on a quarterly basis. None
of the members of the Workers' Compensation Oversight Board created
pursuant to s. 440.44 shall serve on the oversight board created pursuant
to this section unless reappointed by the Governor, the President of the
Senate, or the Speaker of the House of Representatives.
(2) The board shall review the performance of the workers'
compensation system, issuing a report of its findings and conclusions on
or before January 1 of each year to the Governor, the Secretary of Labor
and Employment Security, the Commissioner of Insurance, the Speaker of
the House of Representatives, the President of the Senate, and the
minority leaders of both houses as to the status of the workers'
compensation system. In the performance of such responsibility, the board
shall have the authority to:
(a) Make recommendations relating to the adoption of rules and
needed legislation.

38

(d) Monitor the operations of the division and the Department of
Insurance regarding the administration of the workers' compensation
system.
(3) The board shall, with the assistance of the legal counsel, submit a
report to the Governor, the President of the Senate, the Speaker of the
House of Representatives, and the minority leaders of both houses on or
before March 1, 1991, which shall address the following areas:
(a) An analysis of the Florida Assigned Risk Rating Plan relative to the
implementation of the Joint Underwriting Plan for the purpose of
providing workers' compensation insurance to employers.
(b) The reserving requirements of carriers and self-insurers in order to
determine if the reserving practices are satisfactory so as to ensure
financial stability while providing the lowest possible cost to employers for
workers' compensation coverage.
(c) The rate filing process and whether open competition would be
more beneficial than the present system of permitting insurers to subscribe
to a rating organization for the purpose of making a rate filing with the
Department of Insurance.
(d) Appropriate performance standards for the division in order to
ensure that maximum levels of productivity and efficiency are attained.
(e) An analysis of the present regulation of self-insurance funds as
defined in s. 440.57.
(f) An analysis of the efficacy of creating a guaranty fund for self-
insurance funds.
(g) An analysis of the present regulatory procedure for carriers and
self-insurance funds to make application for deviations and discounts.
(h) An analysis of workplace safety requirements and procedures in
order to reduce the incidents of on-the-job accidents.
(i) The effect of the cost of workers' compensation insurance on the
ability of Florida to compete with other states and jurisdictions to attract
new business development to the state, particularly in the major industries
of tourism, construction, and international trade.
(j) The effect of the cost of workers' compensation insurance on the
economic development of the state due to the financial resources expended
by employers to secure such coverage, which resources are diverted from
the production of goods and services, as well as the effect on the economic
development of the state as a result of employers which choose to leave the
state due to the cost of obtaining workers' compensation insurance.
(4) The division and other state agencies shall cooperate with the board
and shall provide information and staff support as reasonably necessary
and required by the board.
(5) The chairman of the oversight board is authorized to employ an
executive director who shall have significant experience in workers'
compensation insurance, and other professional and clerical personnel,
who shall be exempt from the provision of part II of chapter 110 relating
to the Career Service System, and to incur expenses related to the
operation of the commission, to assign workers, and to otherwise expend
funds appropriated to the board for carrying out all official duties. The
board and the legal counsel shall be assigned, for administrative purposes,
to the Joint Legislative Management Committee and shall be subject to the
established policies and procedures of the Administrative Services Division
of the Joint Legislative Management Committee. The executive director
shall manage the daily operations and affairs of the board.
(6) On or before September 1, 1990, the Joint Legislative Auditing
Committee shall appoint a legal counsel by majority vote of the members
of the committee. The legal counsel shall be an attorney admitted to
practice in the State of Florida and shall have the duty to provide legal
representation for the people of the state in any proceedings before the
Department of Insurance relating to workers' compensation insurance and
in any proceedings pertaining to the schedules of reimbursement
determined by the three-member panel pursuant to s. 440.13. Salaries and
expenses of the office of the legal counsel shall be set by the Joint
Legislative Auditing Committee, and shall be paid from moneys
appropriated for such purpose from the Workers' Compensation

Administration Trust Fund. The legal counsel shall be authorized to
employ necessary support and actuarial personnel and to expend funds

January 22, 1991

appropriated to the board for carrying out his official duties. The legal
counsel shall serve for 2 years and may be reappointed by the Joint
Legislative Auditing Committee. The legal counsel shall have the following
duties:
(a) To recommend to the Department of Insurance, by petition, the
commencement of any proceedings or action, or to appear, in the name of
the state or its citizens, in any proceedings or action before the Department
of Insurance relating to workers' compensation insurance premiums or
rates and urge therein the adoption of any positions which he deems to be
in the public interest, whether consistent or inconsistent with positions
previously adopted by the Department of Insurance, and to utilize therein
all forms of discovery available to attorneys in civil actions generally,
subject to protective orders of the Department of Insurance which shall be
reviewable by summary procedure in the circuit courts of this state.
(b) To have access to and use of all files, records, and data of the
Department of Insurance available to any other attorney representing
parties in a proceeding before the department.
(c) In any workers' compensation premium or rate proceeding in which
he has participated as a party, to seek review of any determination, finding,
or order of the Department of Insurance, or of any hearing examiner
designated by the Department of Insurance, in the name of the state or its
citizens.
(d) To prepare and issue reports and recommendations to the
Department of Insurance, the Governor, and the Legislature on any matter
or subject within the jurisdiction of the department relating to workers'
compensation insurance premiums and rates, and to make such
recommendations as he deems appropriate for legislation relative to
workers' compensation insurance premiums and rates.
(e) To appear before other state agencies, federal agencies, and state
and federal courts in connection with matters under the jurisdiction of the
Department of Insurance relating to workers' compensation insurance
premium or rate proceedings, in the name of the state or its citizens.
(f) To appear before the three-member panel as created in s. 440.13 in
any matter pertaining to the adoption of schedules of maximum
reimbursement allowances.
(7) The Department of Insurance shall furnish the legal counsel with
copies of the initial pleadings in all workers' compensation insurance rating
proceedings before the department and, if the legal counsel intervenes as
a party in any proceeding, he shall be served with copies of all subsequent
pleadings, exhibits, and prepared testimony, if used. Upon filing notice of
intervention, the legal counsel shall serve all interested parties with copies
of such notice and all of his subsequent pleadings and exhibits.
(8) All costs and expenses incurred by the members and employees of
the board shall be paid from disbursements from the Workers'
Compensation Administrative Trust Fund. The board shall be physically
located in Tallahassee.
(9) The board shall be authorized to make recommendations to the
Joint Legislative Auditing Committee regarding applicants for the
appointment or reappointment of the legal counsel.
Section 37. Subsections (1) and (2) of section 440.45, Florida Statutes,
1990 Supplement, are reenacted to read:
440.45 Judges of compensation claims; Chief Judge.-
(1) The Governor shall appoint as many full-time judges of
compensation claims to the workers' compensation trial courts as may be
necessary to effectually perform the duties prescribed for them under this
chapter. The Governor shall initially appoint a judge of compensation
claims from a list of at least three persons nominated by a statewide
nominating commission. The statewide nominating commission shall be
composed of the following: five members, one of each who resides in each
of the territorial jurisdictions of the district courts of appeal, appointed by
the Board of Governors of The Florida Bar from among The Florida Bar
members who are actively engaged in the practice of law; five electors, one
of each who resides in each of the territorial jurisdictions of the district
courts of appeal, appointed by the Governor; and five electors, one of each
who resides in each of the territorial jurisdictions of the district courts of

appeal, and who are not members of The Florida Bar, selected and
appointed by a majority vote of the other ten members of the commission.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE]

The meetings and determinations of the nominating commission as to the
judges of compensation claims shall be open to the general public. No
person shall be nominated or appointed as a full-time judge of
compensation claims who has not had 5 years' experience in the practice
of law in this state; and no judge of compensation claims shall engage in
the private practice of law during a term of office. The Governor may
appoint any former judge of compensation claims to serve as a judge of
compensation claims pro hac vice to complete the proceedings on any claim
with respect to which the judge of compensation claims had heard
testimony and which remained pending at the time of the expiration of the
judge of compensation claims' term of office. However, no former judge of
compensation claims shall be appointed to serve as a judge of
compensation claims pro hac vice for a period to exceed 60 successive days.
(2) Each full-time judge of compensation claims shall be appointed for
a term of 4 years, but during the term of office may be removed by the
Governor for cause. Prior to the expiration of the term of office of the judge
of compensation claims, the conduct of such judge of compensation claims
shall be reviewed by the statewide nominating commission, which
commission shall determine whether such judge of compensation claims
shall be retained in office. Evaluation forms to be considered by the
commission shall be prepared by the Chief Judge, shall be completed
anonymously by each attorney within 45 days from the date of any hearing
in which he has participated, and shall be forwarded to the statewide
nominating commission. Included in the evaluation shall be questions
relating to timeliness of decisions; diligence, availability, and punctuality;
neutrality and objectivity regarding legal issues; knowledge and
application of law; courtesy toward litigants, witnesses, and lawyers;
judicial demeanor; and willingness to ignore irrelevant considerations such
as race, sex, religion, politics, identity of lawyers, or parties. A report of the
decision shall be furnished to the Governor no later than 6 months prior
to the expiration of the term of the judge of compensation claims. If the
statewide nominating commission votes not to retain the judge of
compensation claims, the judge of compensation claims shall not be
reappointed but shall remain in office until a successor is appointed and
qualified. If the statewide nominating commission votes to retain the judge
of compensation claims in office, then the Governor shall reappoint the
judge of compensation claims for a term of 4 years. Judges of compensation
claims shall be subject to the jurisdiction of the Judicial Qualifications
Commission.
Section 38. Section 440.49, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.49 Rehabilitation of injured employees; Special Disability Trust
Fund.-
(1) REHABILITATION OF INJURED EMPLOYEES.-
(a) When an employee has suffered an injury covered by this chapter
and it appears that the injury will preclude the employee from earning
wages equal to wages earned prior to the injury, the employee shall be
entitled to appropriate training and education. Upon request by the
employee, the employer, or the carrier, the division shall provide such
injured employee with appropriate training and education for suitable
gainful employment and may cooperate with federal and state agencies for
training and education and with any public or private agency cooperating
with such federal and state agencies in the training and education of such
injured employees. Within 10 days of the request, the division shall
respond by assigning a public or private evaluator to conduct an evaluation
to determine if training and education are appropriate, unless the injured
employee and the employer/carrier have agreed upon an evaluator to
conduct the evaluation and included the evaluator's name in the request.
Within 30 days of the assignment, the evaluator shall submit the results
of the evaluation to the division, employer, and employee. Any contracts
entered into for this purpose shall be exempt from the competitive bidding
requirements of chapter 287. The division shall establish a blind rotation
system for the selection of the evaluators in the appropriate geographic
area, except in the community college districts served by Miami-Dade
Community College, Florida Community College at Jacksonville, and
Indian River Community College. Until October 1, 1991, 50 percent of the
evaluations in those districts shall be assigned to the community college in
the district and the other 50 percent to other evaluators in the district who

are selected by a blind rotation system. Thereafter, the method of selecting
the evaluator shall be consistent statewide. Based on the results of the

January 22, 1991

directory, and all such fees shall be deposited in the Workers'
Compensation Administration Trust Fund. The division has the authority
to monitor and evaluate qualified training and education or rehabilitation
service providers, facilities, and agencies to ensure their continued
compliance with the minimum qualifications, standards, and requirements

E OF REPRESENTATIVES 39

evaluation, the division is authorized to expend moneys from the Workers'
Compensation Administration Trust Fund established by s. 440.50, for the
purpose of assisting such injured employees to obtain appropriate training
and education, if necessary. Such expenditures shall only be made in
accordance with rules promulgated by the division establishing standards
for eligibility and types, duration, and direct cost of training and
educational programs to be made available. All hearings arising under this
subsection shall be conducted by a judge of compensation claims pursuant
to s. 440.25. However, no judge of compensation claims shall assume
jurisdiction to approve or disapprove training and education under this
provision until the division has advised all parties as to the training and
education program it may propose if such training and education program
is to be funded out of the fund established by s. 440.50. The division shall
be a party to all hearings involving any claims made against the fund
established by s. 440.50. For purposes of this section only, "suitable gainful
employment" means employment or self-employment which is reasonably
attainable in light of the individual's age, education, previous occupation,
and injury and which offers an opportunity to restore the individual as soon
as practicable and as nearly as possible to his average weekly earnings at
the time of injury. If any voluntary vocational rehabilitation services or
training and education services are voluntarily provided to the employee
by the employer or carrier, those services shall be reported to the division
within such time as the division may prescribe by rule, so that the division
may perform utilization review of such services. Neither the employer,
carrier, or injured employee is required to furnish or accept voluntary
vocational rehabilitation services. As used in this subsection, the term
"voluntary vocational rehabilitation services" means services helpful to
restore injured employees to suitable gainful employment. Voluntary
vocational rehabilitation within the Workers' Compensation Act includes
two major interrelated types of services, medical care coordination and
vocational services coordination. "Medical care coordination" includes, but
is not limited to, coordinating physician and mental restoration services,
such as medical, psychiatric, or therapeutic treatment for the injured
employee, providing health teaching to the employee and family, and
monitoring the employee's recovery process to maximize recovery,
minimize the disability, and prevent complications. The purpose of
medical care coordination is to minimize the recovery period without
jeopardizing medical stability, to assure that proper medical treatment and
other restorative services are received in a timely and sequential manner,
so as to assist in the containment of medical costs. "Vocational services
coordination" includes, but is not limited to, vocational services needed by
the injured employee to secure suitable gainful employment. Such services
include counseling for adjustment to disability, vocational counseling,
vocational and functional capacity assessments, job seeking skills training,
self-employment assistance, and selective job placement, arranging other
services such as education or training (vocational and on-the-job) which
may be needed by the employee, and monitoring the employee's progress
toward attainment of the identified vocational goal. For the purpose of this
subsection, "selective job placement" means a process by which a provider
directly assists the injured employee in securing suitable employment by
matching the needs and abilities of the injured employee with the
requirements and demands of specific jobs. These voluntary services shall
be considered loss adjustment expenses of the employer or carrier and not
benefits to the employee, including, but not limited to, the purposes of
ratemaking.
(b)1. The Division of Workers' Compensation shall continuously study
the issue of education and training and rehabilitation, both physical and
vocational, and shall investigate and maintain a directory of all qualified
rehabilitation facilities and agencies, both public and private. The division
shall establish by rule the minimum qualifications, standards, and
requirements which must be met in order to be listed in the directory of
qualified training and education and rehabilitation service providers,
facilities, and agencies. Such minimum qualifications, standards, and
requirements shall be based on those generally accepted within the various
specific fields for which the provider, facility, or agency is to be approved.
A biennial application fee of $25 shall be charged for a listing in the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

established pursuant to this subparagraph. The failure of a training and
education or rehabilitation service provider, facility, or agency to provide
the division with information requested or access necessary for it to carry
out this monitoring and evaluation function shall be grounds for removing
the provider, facility, or agency from the directory.
2. A training and education or rehabilitation service provider, facility,
or agency shall prepare an individualized written rehabilitation plan on all
compensable workers' compensation cases which require three or more
counseling sessions, vocational evaluations, training, work evaluations, or
placement. Prior to implementing any plan, the plan shall be signed by the
carrier or employer, if self-insured, and the employee as verification of
acceptance of the plan. The plan shall be filed electronically with the
division and copies furnished to all interested parties. Progress reports
shall be filed electronically every 30 days with the division and within 30
days of the completion of the plan. Funding for electronic reporting
equipment for the division shall be from the Workers' Compensation
Administration Trust Fund established by s. 440.50.
3. A training and education or rehabilitation service provider, facility,
or agency may not be authorized by any employer, carrier, or the division
to provide any training and education or rehabilitation services in this state
to an injured worker unless such provider, facility, or agency is listed or has
been approved for listing in the directory as being qualified to provide the
specific service to be authorized. However, Miami-Dade Community
College, Florida Community College at Jacksonville, and Indian River
Community College shall be authorized to conduct evaluations of injured
employees until October 1, 1991, regardless of whether or not they are
listed in the directory. Thereafter, they will have to be listed in the
directory to be an authorized provider. This paragraph does not apply to
training and education or rehabilitation services provided outside this
state and does not apply to the services of a training and education or
rehabilitation service provider, facility, or agency unless such provider,
facility, or agency is included in the definition of same contained in
subparagraph 4. Job placement services provided by private employment
agencies under this subsection are exempt from this subparagraph if those
services are limited to job placement.
4. As used in this paragraph, the term:
a. "Private employment agency" means any person, firm, or
corporation which, for hire or for profit, undertakes to secure employment
or help, or through the medium of a card, circular, pamphlet, or other
medium whatsoever, or through the display of a sign or bulletin, or by any
other holding out to the public, offers to secure employment or help or give
information as to where employment or help may be secured..
b. "Qualified training and education or rehabilitation service providers,
facilities, and agencies" means training and education or rehabilitation
service providers, facilities, and agencies which are listed in the division
directory of qualified training and education or rehabilitation service
providers, facilities, and agencies.
c. "Training and education or rehabilitation service providers,
facilities, and agencies" means nurses licensed pursuant to chapter 464,
vocational rehabilitation counselors, and public and private agencies,
companies, and corporations which provide to injured workers, pursuant
to this section, training and educational or vocational rehabilitation
services including vocational retraining, testing, counseling, evaluation,
and job placement services. The term includes self-insured employers or
carriers, their employees or wholly owned subsidiaries when they provide
such services wholly in-house to the injured workers of the self-insured
employer or carrier's insureds. Such in-house services shall be subject to
s. 440.20(16). The term does not include the Department of Labor and
Employment Security or the Department of Health and Rehabilitative
Services or the employees of either department. The term does not include
physicians licensed under chapter 458, osteopaths licensed under chapter
459, chiropractors licensed under chapter 460, podiatrists licensed under
chapter 461, psychologists licensed under chapter 490, or hospitals.
(c) Prior to entering an order adjudicating an injured employee to be
permanently and totally disabled, the judge of compensation claims shall

first determine whether there is a reasonable probability that, with
appropriate training or education, the injured employee may be

rehabilitated to the extent that such employee can achieve suitable gainful
employment and whether it is in the best interest of such individual to
undertake such training or education.
(d) When it appears that training and education are necessary and
desirable to restore the injured employee to suitable gainful employment,
the employee shall be entitled to be paid by the employer additional
compensation for temporary total disability during such period as the
employee may be receiving training and education under a program
pursuant to this section for a period not to exceed 26 weeks, which period
may be extended for an additional period not to exceed 26 additional
weeks, if such extended period is determined to be necessary and proper
by the judge of compensation claims. However, no carrier or employer shall
be precluded from continuing such additional temporary total disability
compensation beyond such period voluntarily. If training and education
require residence at or near a facility or an institution and away from the
employee's customary residence, the reasonable cost of board, lodging, or
travel shall be borne by the division from the Workers' Compensation
Administration Trust Fund established by s. 440.50. Refusal to accept
training and education as deemed necessary by the judge of compensation
claims shall result in a 50-percent reduction in weekly compensation,
including wage-loss benefits as determined pursuant to s. 440.15(3)(b), for
each week of the period of refusal.
(e) The division, after consultation with representatives of employees,
employers, carriers, training and education service providers, and
rehabilitation providers, shall adopt rules governing practices and
standards for training and education and rehabilitation service providers
which reflect the generally accepted standards for such providers.
(2) LIMITATION OF LIABILITY FOR SUBSEQUENT INJURY
THROUGH SPECIAL DISABILITY TRUST FUND.-
(a) Legislative intent.-It is the purpose of this subsection to
encourage the employment of the physically handicapped by protecting
employers from excess liability for compensation and medical expense
when an injury to a handicapped worker merges with his preexisting
permanent physical impairment to cause a greater disability, permanent
impairment, or wage loss than would have resulted from the injury alone.
The division shall inform all employers of the existence and function of the
fund and shall interpret eligibility requirements liberally. However, this
subsection shall not be construed to create or provide any benefits for
injured employees or their dependents not otherwise provided by this
chapter. The entitlement of an injured employee or his dependents to
compensation under this chapter shall be determined without regard to
this subsection, the provisions of which shall be considered only in
determining whether an employer or carrier who has paid compensation
under this chapter is entitled to reimbursement from the Special Disability
Trust Fund.
(b) Defiitions.-As used in this subsection:
1. "Permanent physical impairment" means any permanent condition
due to previous accident or disease or any congenital condition which is,
or is likely to be, a hindrance or obstacle to employment, but not due to
the natural aging process.
2. "Merger" describes or means that:
a. Had the permanent physical impairment not existed, the subsequent
accident or occupational disease would not have occurred;
b. The permanent disability, permanent impairment, or wage loss
resulting from the subsequent accident or occupational disease is
materially and substantially greater than that which would have resulted
had the permanent physical impairment not existed and the employer has
been required to pay, and has paid, permanent total disability, permanent
impairment, or wage-loss benefits for that materially and substantially
greater disability; or
c. Death would not have been accelerated had the permanent physical
impairment not existed.
3. "Excess permanent compensation" means that compensation for
permanent impairment, wage-loss benefits, or permanent total disability

or death benefits for which the employer or carrier is otherwise entitled to
reimbursement from the Special Disability Trust Fund.

40

January 22, 1991

JOURNAL OF THE HOUSI

(c) Permanent impairment, wage loss, or permanent total disability
after other physical impairment.-
1. Permanent impairment.-If an employee who has a preexisting
permanent physical impairment incurs a subsequent permanent
impairment from injury or occupational disease arising out of, and in the
course of, his employment which merges with the preexisting permanent
physical impairment to cause a permanent impairment, the employer shall,
in the first instance, pay all benefits provided by this chapter; but, subject
to the limitations specified in paragraph (f), such employer shall be
reimbursed from the Special Disability Trust Fund created by paragraph
(h) for 60 percent of all impairment benefits which the employer has been
required to provide pursuant to s. 440.15(3)(a) as a result of the subsequent
accident or occupational disease.
2. Wage loss.-If an employee who has a preexisting permanent
physical impairment incurs a subsequent permanent impairment from
injury or occupational disease arising out of, and in the course of, his
employment which merges with the preexisting permanent physical
impairment to cause a wage loss, the employer shall, in the first instance,
pay all benefits provided by this chapter; but, subject to the limitations
specified in paragraph (f), such employer shall be reimbursed from the
Special Disability Trust Fund created by paragraph (h) for 60 percent of
all compensation for wage loss which the employer has been required to
provide pursuant to s. 440.15(3)(b) during the first 5 years after the date
of maximum medical improvement and for 75 percent of all compensation
for wage loss which the employer has been required to provide after the 5-
year period following the date of maximum medical improvement.
3. Permanent total disability.-If an employee who has a preexisting
permanent physical impairment incurs a subsequent permanent
impairment from injury or occupational disease arising out of, and in the
course of, his employment which merges with the preexisting permanent
physical impairment to cause permanent total disability, the employer
shall, in the first instance, pay all benefits provided by this chapter; but,
subject to the limitations specified in paragraph (f), such employer shall
be reimbursed from the Special Disability Trust Fund created by
paragraph (h) for all compensation for permanent total disability which is
in excess of the first 175 weeks of permanent total disability compensation.
Upon a determination that a merger has caused permanent total disability,
the employer shall be immediately reimbursed from the Special Disability
Trust Fund for all excess compensation paid for temporary disability and
remedial treatment subject to the limitations of paragraphs (e) and (f).
(d) When death results.-If death results from the subsequent
permanent impairment contemplated in paragraph (c) within 1 year after
the subsequent injury, or within 5 years after the subsequent injury when
disability has been continuous since the subsequent injury, and it is
determined that the death resulted from a merger, the employer shall, in
the first instance, pay the funeral expenses and the death benefits
prescribed by this chapter; but, subject to the limitations specified in
paragraph (f), he shall be reimbursed from the Special Disability Trust
Fund created by this subsection for the last 75 percent of all compensation
allowable and paid for such death and for 75 percent of the amount paid
as funeral expenses.
(e) Reimbursement for compensation paid for temporary disability or
medical benefits.-Subject to the limitations specified in paragraph (f),
and when the preexisting permanent physical impairment has contributed
to the need, either medically or circumstantially, for temporary disability
and remedial treatment, care, and attendance, an employer entitled to
reimbursement from the Special Disability Trust Fund for compensation
paid for permanent impairment, wage loss, permanent total disability, or
death shall be reimbursed from such fund for 50 percent of the first $10,000
paid as compensation for temporary disability and remedial treatment,
care, and attendance pursuant to s. 440.13, for the same injury; thereafter,
the employer shall be reimbursed from such fund for all sums paid by the
employer as compensation for temporary disability and remedial

treatment, care, and attendance pursuant to s. 440.13 which are in excess
of $10,000.

January 22, 1991

reimbursement from such fund, except when the merger comes within the
definition of sub-subparagraph (b)2.b. and such apportionment or
deduction relieves the employer or carrier from providing the materially
and substantially greater permanent disability benefits otherwise
contemplated in said paragraphs.

SOF REPRESENTATIVES 41

(f) Reimbursement limitations.-
1. No reimbursement shall be allowed under this subsection unless it
is established that the employer reached an informed conclusion prior to
the occurrence of the subsequent injury or occupational disease that the
preexisting physical condition is permanent and is, or is likely to be, a
hindrance or obstacle to employment. However, when the employer
establishes that he knew of the preexisting permanent physical impairment
prior to the subsequent accident or occupational disease, or the employer
has reemployed an employee who subsequently suffers an injury that
results in a permanent physical impairment, and the records of the
employer establish that the employee had a preexisting permanent
physical impairment, and such records were in the employer's possession
prior to the subsequent accident, there shall be a conclusive presumption
that the employer considered the condition to be permanent and to be, or
likely to be, a hindrance or obstacle to employment, when the condition is
one of the following:
a. Epilepsy.
b. Diabetes.
c. Cardiac disease.
d. Marie-Strumpell disease.
e. Amputation of foot, leg, arm, or hand.
f. Total loss of sight of one or both eyes or a partial loss of corrected
vision of more than 75 percent bilaterally.
g. Residual disability from poliomyelitis.
h. Cerebral palsy.
i. Multiple sclerosis.
j. Parkinson's disease.
k. Vascular disorder.
1. Psychoneurotic disability following confinement for treatment in a
recognized medical or mental institution for a period in excess of 6 months.
m. Hemophilia.
n. Chronic osteomyelitis.
o. Ankylosis of a major weight-bearing joint.
p. Hyperinsulinism.
q. Muscular dystrophy.
r. Thrombophlebitis.
s. Herniated intervertebral disk.
t. Surgical removal of an intervertebral disk or spinal fusion.
u. Total deafness.
v. Mental retardation, provided the employee's intelligence quotient is
such that he falls within the lowest 2 percentile of the general population.
However, it shall not be necessary for the employer to know the employee's
actual intelligence quotient or actual relative ranking in relation to the
intelligence quotient of the general population.
w. Any permanent physical condition which, prior to the industrial
accident or occupational disease, constitutes a 20-percent impairment of
a member or of the body as a whole.
x. Obesity, provided the employee is 30 percent or more over the
average weight designated for his or her height and age in the Table of
Average Weight of Americans by Height and Age prepared by the Society
of Actuaries using data from the 1979 Build and Blood Pressure Study.
2. The Special Disability Trust Fund shall not be liable for any costs,
interest, penalties, or attorneys' fees.
3. An employer's or carrier's right to apportionment or deduction
pursuant to ss. 440.02(1), 440.15(5)(b), and 440.151(1)(c) shall not preclude

42 JOURNAL OF THE HOUSE

4. For purposes of this subsection only, the costs for rehabilitation
required to be provided by subsection (1) shall be considered remedial
attendance and shall be reimbursed in accordance with the formula
contained in paragraph (e) if it has been determined that a merger has
occurred which entitles the employer or carrier to reimbursement for
excess permanent compensation.
(g) Reimbursement of employer.-Except for reimbursement claimed
pursuant to paragraph (k), the right to reimbursement as provided in this
subsection shall be barred unless written notice of claim of the right to such
reimbursement is filed by the employer or carrier entitled to such
reimbursement with the division at Tallahassee within 2 years after the
date the employee last reached maximum medical improvement, or within
2 years after the date of the first payment of compensation for permanent
total disability, wage loss, or death, whichever is later. The notice of claim
shall contain such information as the division by rule may require; and the
employer or carrier claiming reimbursement shall furnish such evidence in
support of the claim as the division reasonably may require. For notice of
claims on the Special Disability Trust Fund filed on or after July 1, 1978,
the Special Disability Trust Fund shall, within 120 days of receipt of notice
that a carrier has paid, been required to pay, or accepted liability for excess
compensation, serve notice of the acceptance of the claim for
reimbursement. Failure of the Special Disability Trust Fund to serve the
notice shall be deemed a denial by the Special Disability Trust Fund of the
claim for reimbursement. If the Special Disability Trust Fund through its
representative denies or controverts the claim, the right to such
reimbursement shall be barred unless an application for a hearing thereon
is filed with the division at Tallahassee within 60 days after notice to the
employer or carrier of such denial or controversion. When such application
for a hearing is timely filed, the claim shall be heard and determined in
accordance with the procedure prescribed in s. 440.25, to the extent that
such procedure is applicable, and in accordance with the workers'
compensation rules of procedure. In such proceeding on a claim for
reimbursement, the Special Disability Trust Fund shall be made the party
respondent, and no findings of fact made with respect to the claim of the
injured employee or the dependents for compensation, including any
finding made or order entered pursuant to s. 440.20(12), shall be res
judicata. The Special Disability Trust Fund may not be joined or made a
party to any controversy or dispute between an employee and the
dependents and the employer or between two or more employers or carriers
without the written consent of the fund. When it has been determined that
an employer or carrier is entitled to reimbursement in any amount, the
employer or carrier shall be reimbursed periodically every 6 months from
the Special Disability Trust Fund for the compensation and medical
benefits paid by the employer or carrier for which the employer or carrier
is entitled to reimbursement, upon filing request therefore and submitting
evidence of such payment in accordance with rules prescribed by the
division.
(h) Special Disability Trust Fund.-
1. There is established in the State Treasury a special fund to be known
as the "Special Disability Trust Fund," which shall be available only for the
purposes stated in this subsection; and the assets thereof may not at any
time be appropriated or diverted to any other use or purpose. The
Treasurer shall be the custodian of such fund, and all moneys and
securities in such fund shall be held in trust by such Treasurer and shall
not be the money or property of the state. The Treasurer is authorized to
disburse moneys from such fund only when approved by the division and
upon the order of the Comptroller. The Treasurer shall deposit any moneys
paid into such fund into such depository banks as the division may
designate and is authorized to invest any portion of the fund which, in the
opinion of the division, is not needed for current requirements, in the same
manner and subject to all the provisions of the law with respect to the
deposits of state funds by such Treasurer. All interest earned by such
portion of the fund as may be invested by the Treasurer shall be collected
by him and placed to the credit of such fund.

2. The Special Disability Trust Fund shall be maintained by annual
assessments upon the insurance companies writing compensation
insurance in the state and the self-insurers under this chapter, which
assessments shall become due and be paid quarterly at the same time and
in addition to the assessments provided in s. 440.51. The division shall

]

(1) Each insurance carrier who desires to write such compensation
insurance in compliance with this chapter shall be required, before writing
such insurance, to register with the division and pay a registration fee of
$100. This shall be deposited by the division in the fund created by s.
440.50.

E OF REPRESENTATIVES January 22, 1991

estimate annually in advance the amount necessary for the administration
of this subsection and the maintenance of this fund and shall make such
assessment in the manner hereinafter provided. The annual assessment
shall be calculated to produce during the ensuing fiscal year an amount
which, when combined with that part of the balance in the fund on June
30 of the current fiscal year which is in excess of $100,000, is equal to the
sum of disbursements from the fund during the immediate past 3 calendar
years. Such amount shall be prorated among the insurance companies
writing compensation insurance in the state and self-insurers. The net
premiums collected by the companies on workers' compensation premiums
in this state and the amount of premiums a self-insurer, if insured, would
have to pay in this state are the basis for computing the amount to be
assessed as a percentage of net premiums. Such payments shall be made
by each insurance company and self-insurer to the division for the Special
Disability Trust Fund in accordance with such regulations as the division
may prescribe. The Treasurer is authorized to receive and credit to such
Special Disability Trust Fund any sum or sums that may at any time be
contributed to the state by the United States under any Act of Congress,
or otherwise, to which the state may be or become entitled by reason of any
payments made out of such fund.
(i) Division administration of fund; claims; advisory committee;
expenses.-The division shall administer the Special Disability Trust
Fund with authority to allow, deny, compromise, controvert, and litigate
claims made against it and to designate an attorney to represent it in
proceedings involving claims against the fund, including negotiation and
consummation of settlements, hearings before judges of compensation
claims, and judicial review. The division or the attorney designated by it
shall be given notice of all hearings and proceedings involving the rights
or obligations of such fund and shall have authority to make expenditures
for such medical examinations, expert witness fees, depositions, transcripts
of testimony, and the like as may be necessary to the proper defense of any
claim. The division shall appoint an advisory committee composed of
representatives of management, compensation insurance carriers, and self-
insurers to aid it in formulating policies with respect to conservation of the
fund, who shall serve without compensation for such terms as specified by
it, but be reimbursed for travel expenses as provided in s. 112.061. All
expenditures made in connection with conservation of the fund, including
the salary of the attorney designated to represent it and necessary travel
expenses, shall be allowed and paid from the Special Disability Trust Fund
as provided in this subsection upon the presentation of itemized vouchers
therefore approved by the division.
(j) Effective dates.-The provisions of this subsection shall not be
applicable to any case in which the accident causing the subsequent injury
or death or the disablement or death from a subsequent occupational
disease shall have occurred prior to July 1, 1955; and the provisions of
paragraphs (e) and (f) of this subsection shall not be applicable to any case
in which the accident causing the subsequent injury or death or the
disablement or death from a subsequent occupational disease shall have
occurred prior to July 1, 1963.
(k) Reimbursement to subsequent employer of permanently injured
worker.-If an employee incurs a permanent impairment from injury or
occupational disease arising out of, and in the course of, his employment
and has been unemployed as a result of his injury or disease for 2
consecutive years, the employer who then employs such an employee shall
be reimbursed from the fund for 50 percent of the employee's wages, not
to exceed the maximum compensation rate as provided in s. 440.12, up to
a period of 6 months. Any subsequent employer seeking reimbursement
under this paragraph shall file a notice of claim in conformance with the
rules adopted by the division within 6 months of the date of hire by the
subsequent employer.
Section 39. Section 440.52, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.52 Registration of insurance carriers; suspension or revocation of
authority.-

(2) If the division finds, after due notice and a hearing at which the
insurance carrier is entitled to be heard in person or by counsel and present
evidence, that the insurance carrier has repeatedly failed to comply with
its obligations under this chapter, the division may request the
Department of Insurance to suspend or revoke the authorization of such
insurance carrier to write workers' compensation insurance under this
chapter. Such suspension or revocation shall not affect the liability of any
such insurance carrier under policies in force prior to the suspension or
revocation.
(3) In addition to the penalties in subsection (2), violation of s. 440.381
by an insurance carrier shall result in the imposition of a fine not to exceed
$1,000 per audit, if the insurance carrier fails to act on said audits by
correcting errors in employee classification or accepted applications for
coverage where it knew employee classifications were incorrect. Such fines
shall be levied by the Department of Insurance, and deposited into the
Insurance Commissioner's Regulatory Trust Fund.
Section 40. Subsection (6) of section 440.56, Florida Statutes, 1990
Supplement, is reenacted to read:
440.56 Safety rules and provisions; penalty.-
(6) If any employer violates or fails or refuses to comply with any
reasonable rule adopted by the division, in accordance with chapter 120,
for the prevention of accidents or industrial or occupational diseases or any
lawful order of the division in connection with the provisions of this section
or fails or refuses to furnish or adopt any safety device, safeguard, or other
means of protection prescribed by the division pursuant to this section for
the prevention of accidents or industrial or occupational diseases, the
division, after notice and hearing in accordance with chapter 120, may
assess against such employer a civil penalty of not less than $100 nor more
than $1,000. Each day such violation, omission, failure, or refusal continues
after the employer has been given notice thereof in writing as herein
provided shall be deemed a continuing violation, and the penalty may not
exceed $25,000. The division shall adopt rules requiring penalties
commensurate with the frequency and severity of safety violations. The
hearing shall be held in the county where the violation, omission, failure,
or refusal is alleged to have occurred, unless otherwise agreed to by the
employer and authorized by the division.
Section 41. Section 440.572, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.572 Authorization for individual self-insurer to provide
coverage.-An individual self-insurer having a net worth of not less than
$250,000,000 as authorized by s. 440.38(1)(e) may assume by contract the
liabilities under this chapter of contractors and subcontractors, or each of
them, employed by or on behalf of such individual self-insurer when
performing work on or adjacent to property owned or used by the
individual self-insurer by the division. The net worth of the individual self-
insurer shall include the assets of the self-insurer's parent company and its
subsidiaries, sister companies, affiliated companies, and other related
entities, located within the geographic boundaries of the state.
Section 42. Paragraph (c) of subsection (1) of section 440.575, Florida
Statutes, 1990 Supplement, is reenacted to read:
440.575 Local government pools.-
(1) Any two or more local governmental entities may enter into
interlocal agreements for the purpose of securing the payment of benefits
under this chapter, provided the local government pool that is created
must:
(c) Submit annually an audited fiscal year-end financial statement by
an independent certified public accountant within 6 months after the end
of the fiscal year to the division; and
Section 43. Section 440.59, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.59 Risk management report.--
(1) The Division of Workers' Compensation of the Department of
Labor and Employment Security shall complete on a quarterly basis an

analysis of the previous quarter's injuries which resulted in workers'
compensation claims. The analysis shall be broken down by risk

43

classification, shall show for each such risk classification the frequency and
severity for the various types of injury, and shall include an analysis of the
causes of such injuries. The division shall distribute to each employer and
self-insurer in the state covered by the Workers' Compensation Law the
data relevant to its work force. The report shall also be distributed to the
insurers authorized to write workers' compensation insurance in the state.
(2) The division shall also annually prepare a closed claim report for
all claims for which the employee lost more than 7 days from work and shall
submit a copy of the report to the Governor, the President of the Senate,
the Speaker of the House of Representatives, the Majority and Minority
Leaders of the Senate and the House of Representatives, and the chairs of
the legislative committees having jurisdiction over workers' compensation
on or before March 1 of each year. The closed claim report shall include,
but not be limited to, an analysis of all claims closed during the preceding
year as to the date of accident, age of the injured employee, occupation of
the injured employee, type of injury, body part affected, type and duration
of indemnity benefits paid, permanent impairment rating, medical
benefits identified by type of health care provider, and type and cost of any
rehabilitation benefits provided.
(3) The division shall also prepare an annual report for all claims for
which the employee lost more than 7 days from work and shall submit a
copy of the report to the Governor, the President of the Senate, the
Speaker of the House of Representatives, the Majority and Minority
Leaders of the Senate and the House of Representatives, and the chairs of
the legislative committees having jurisdiction over workers' compensation,
on or before March 1 of each year. The annual report shall include a status
report on all cases involving work-related injuries in the previous 10 years.
The annual report shall include, but not be limited to, the number of open
and closed cases, the number of cases receiving various types of benefits,
the cash and medical benefits paid between the date of injury and the
evaluation date, the number of litigated cases, and the amount of
attorney's fees paid in each case.
Section 44. Section 440.591, Florida Statutes, 1990 Supplement, is
reenacted to read:
440.591 Administrative procedure; rulemaking authority.-The
division shall have the authority to adopt rules to govern the performance
of any programs, duties, or responsibilities with which it is charged under
this chapter.
Section 45. Section 489.114, Florida Statutes, 1990 Supplement, is
reenacted to read:
489.114 Evidence of workers' compensation coverage.-Any person,
business organization, or qualifying agent engaged in the business of
contracting in this state and certified or registered under this part shall,
as a condition precedent to the issuance or renewal of a certificate or
registration of the contractor, provide to the Construction Industry
Licensing Board, as provided by board rule, evidence of workers'
compensation coverage pursuant to chapter 440. In the event that the
Division of Workers' Compensation of the Department of Labor and
Employment Security receives notice of the cancellation of a policy of
workers' compensation insurance insuring a person or entity governed by
this section, the Division of Workers' Compensation shall certify and
identify all persons or entities by certification or registration license
number to the department after verification is made by the Division of
Workers' Compensation that such cancellation has occurred or that
persons or entities governed by this section are no longer covered by
workers' compensation insurance. Such certification and verification by
the Division of Workers' Compensation shall result solely from records
furnished to the Division of Workers' Compensation by the persons or
entities governed by this section. The department shall notify the persons
or entities governed by this section who have been determined to be in
noncompliance with chapter 440, and the persons or entities notified shall
provide certification of compliance with chapter 440 to the department and
pay an administrative fine as provided by rule. The failure to maintain
workers' compensation coverage as required by law shall be grounds for the
board to revoke, suspend, or deny the issuance or renewal of a certificate
or registration of the contractor under the provisions of s. 489.129.

Section 46. Section 489.510, Florida Statutes, 1990 Supplement, is
reenacted to read:

January 22, 1991

JOURNAL OF THE HOUSE OF REPRESENTATIVES

44

489.510 Evidence of workers' compensation coverage.-Any person,
business organization, or qualifying agent engaged in the business of
electrical contracting in this state and certified or registered under this
part shall, as a condition precedent to the issuance or renewal of a
certificate or registration of the electrical contractor, provide to the
Electrical Contractors' Licensing Board, as provided by board rule,
evidence of workers' compensation coverage pursuant to chapter 440. In
the event that the Division of Workers' Compensation of the Department
of Labor and Employment Security receives notice of the cancellation of
a policy of workers' compensation insurance insuring a person or entity
governed by this section, the Division of Workers' Compensation shall
certify and identify all persons or entities by certification or registration
license number to the department after verification is made by the Division
of Workers' Compensation that such cancellation has occurred or that
persons or entities governed by this section are no longer covered by
workers' compensation insurance. Such certification and verification by
the Division of Workers' Compensation shall result solely from records
furnished to the Division of Workers' Compensation by the persons or
entities governed by this section. The department shall notify the persons
or entities governed by this section who have been determined to be in
noncompliance with chapter 440, and the persons or entities notified shall
provide certification of compliance with chapter 440 to the department and
pay an administrative fine as provided by rule. The failure to maintain
workers' compensation coverage as required by law shall be grounds for the
board to revoke, suspend, or deny the issuance or renewal of a certificate
or registration of the contractor under the provisions of s. 489.533.

January 22, 1991

(d) Furnish the attendee a certificate of completion. The sponsor of the
course shall send a copy of the certificate of completion to the department.
Section 49. Section 627.0915, Florida Statutes, 1990 Supplement, is
reenacted to read:
627.0915 Rate filings; workers' compensation and drug-free workplace
employers.-The Department of Insurance shall approve a rating plan for
workers' compensation insurance that gives specific identifiable
consideration in the setting of rates to employers that implement a drug-
free workplace program pursuant to rules adopted by the Division of
Workers' Compensation of the Department of Labor and Employment
Security. The plan must take effect January 1, 1992, must be actuarially
sound, and must state the savings anticipated to result from such drug
testing program.
Section 50. Section 627.1615, Florida Statutes, 1990 Supplement, is
reenacted to read:
627.1615 Workers' compensation applicant discrimination.-Insurers
shall not refuse to provide workers' compensation coverage on the basis of
the applicant's premium volume.
Section 51. Section 627.162, Florida Statutes, 1990 Supplement, is
reenacted to read:
627.162 Requirements for premium installments.-Insurers providing
workers' compensation coverage under chapter 440 shall provide, upon
request of the employer, policies providing for the payment of premiums
by installment for policies with annual premiums exceeding $1,000.

Section 47. Subsection (15) of section 626.611, Florida Statutes, 1990 Section 52. Sections 54, 55, 56, 57, and 58 of chapter 90-201, Laws of
Supplement, is reenacted to read: Florida, are reenacted to read:

626.611 Grounds for compulsory refusal, suspension, or revocation of
agent's, solicitor's, adjuster's, service representative's, managing general
agent's, or claims investigator's license or appointment.-The department
shall deny, suspend, revoke, or refuse to renew or continue the license or
appointment of any agent, solicitor, adjuster, service representative,
managing general agent, or claims investigator, and it shall suspend or
revoke the eligibility to hold a license or appointment of any such person,
if it finds that as to the applicant, licensee, or appointee any one or more
of the following applicable grounds exist:
(15) Fraudulent or dishonest practice in submitting or aiding or
abetting any person in the submission of an application for workers'
compensation coverage under chapter 440 containing false or misleading
information as to employee payroll or classification for the purpose of
avoiding or reducing the amount of premium due for such coverage.
Section 48. Subsection (5) of section 626.869, Florida Statutes, 1990
Supplement, is reenacted to read:
626.869 License, adjusters.-
(5) Any person holding a license and appointment and who engages in
adjusting workers' compensation insurance shall certify to the department
every 2 years, at least 90 days prior to the renewal date of his appointment,
the fact that the licensee has completed a course of instruction designed
to inform the licensee as to the current workers' compensation laws of this
state, so as to enable him to engage in such business as a workers'
compensation insurance adjuster fairly and without injury to the public
and to adjust all claims in accordance with the policy or contract and the
workers' compensation laws of this state. In order to qualify as an eligible
course under this subsection, the course shall:
(a) Consist of 24 hours of classroom instruction in the workers'
compensation laws and practices of this state, 2 hours of which shall relate
to ethics, with the course outline approved by the department. It is not
required that the 24 hours of classroom instruction take place in one
course.
(b) Be taught at a school training facility or other location approved by
the department.
(c) Be taught by instructors with at least 5 years of experience in the
area of workers' compensation, general lines of insurance, or other persons
approved by the department. However, a member of The Florida Bar shall
be exempt from the 5 years' experience requirement.

Section 54. Section 38 of chapter 89-289, Laws of Florida, is amended
to read:
Section 38. (1) Joint Select Committee on Workers' Compensation.-
(a) The Joint Select Committee on Workers' Compensation is created
to review the workers' compensation system and the administration
thereof. By January 1, 1991, the committee shall submit a report to the
Speaker of the House of Representatives and the President of the Senate,
which shall contain any recommended legislative changes that will stabilize
or reduce rates while promoting equitable benefits for injured workers.
(b) The committee shall be composed of the following members:
1. Three members of the Senate appointed by the President of the
Senate.
2. Three members of the House of Representatives appointed by the
Speaker of the House of Representatives.
(c) The committee is authorized to contract for services necessary to
prepare the report required by this section and the sum of $250,000 is
appropriated from the Workers' Compensation Administration Trust
Fund for that purpose. Any remaining unexpended balance as of June 30,
1990, is to be carried forward into the next fiscal year and an additional
sum of $100,000 is appropriated from the Workers' Compensation
Administration Trust Fund.
(d) Appropriate staff from the Legislature, the Department of Labor
and Employment Security, and the Department of Insurance shall assist
the committee in the development and preparation of the report.
(e) The committee shall have the authority to perform the following
activities:
1. Monitor the implementation of the 1989 and 1990 legislation.
2. Work in conjunction with the Workers' Compensation Oversight
Board in all matters within the jurisdiction of the Board.
3. Perform research and examine alternative systems which may
include travel to other jurisdictions regarding claims arising from
industrial accidents.
4. Prepare reports to the Governor, the Speaker of the House of
Representatives, the President of the Senate, the Majority and Minority
Leaders of the House of Representatives and the Senate on any matters
pertaining to the Workers' Compensation system which may include

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSI

legislative recommendations pertaining to chapter 440 and other related
statutes.
5. Examine the cost of workers' compensation insurance on the
capacity of the state to promote economic development.
6. Participate in any legal action on behalf of the Florida Legislature
which challenges the constitutionality of chapter 89-289, Laws of Florida,
or this act or any provision thereof and to retain such personnel,
consultants, and attorneys as may be necessary and proper in the
furtherance of its duties. The legal counsel created pursuant to s.
440.4415, shall be authorized to participate in any such legal proceedings.
(2) This section shall take effect upon this act becoming a law.
Section 55. Any employer who is a self-insurer on the effective date of
this act and who fails to meet the requirements of s. 440.38(1)(b)1., may
elect to provide the reports and post security in accordance with the terms
of s. 440.38(1)(b)2., as a condition of continuing to exercise the privilege
of self-insurance.
Section 56. Notwithstanding the provisions of the Regulatory Sunset
Act or of any other provision of law which provides for review and repeal
in accordance with s. 11.61, Florida Statutes, chapter 440, Florida Statutes,
shall not stand repealed on October 1, 1991, and shall continue in full force
and effect as amended herein.
Section 57. It is the intent of the Legislature that the cost of workers'
compensation insurance be reduced to employers who are required to
maintain such coverage. In view of the fact that, effective January 1, 1989,
a 28.8 percent average premium increase was approved, and in view of the
fact that, effective January 1, 1990, a 36.7 percent average premium
increase was approved, on September 1, 1990, rates for workers'
compensation insurance shall be reduced by each insurer as defined in s.
624.03, commercial self-insurance fund as defined in s. 624.462, and group
self-insurer as defined in s. 440.02. The September 1, 1990, rate reduction
for each such insurer, commercial self-insurance fund, and group self-
insurer shall be 25 percent of the rates that were effective on January 1,
1990, and such revised rates shall remain in effect until January 1, 1992.
The 25 percent rate reduction reflects the estimated 30 percent reduction
in the cost of benefits that will result from the enactment of this bill and
the increase in medical costs that has occurred since January 1, 1990. There
shall be no exceptions to the requirements of this provision, unless the
Department of Insurance or the Department of Labor and Employment
Security finds that the use of the revised rates by a particular insurer,
commercial self-insurance fund, or group self-insurer will result in rates
which are inadequate to the extent that the continued use of such rates
jeopardizes the solvency of the insurer, commercial self-insurance fund or
group self-insurer. Any new or renewal workers' compensation insurance
policy entered into on or after September 1, 1990, shall reflect the 25
percent reduction in rates for the required coverage under this act. The
Department of Insurance and the Department of Labor and Employment
Security shall adopt rules pertaining to the applicability of this section to
the unexpired term of all workers' compensation insurance policies in
existence on September 1, 1990. Any insurer, commercial self-insurance
fund, or group self-insurer which has an approved deviation or discount in
existence on or before September 1, 1990, shall discontinue use of such
deviation or discount as of September 1, 1990, with regard to all insureds.
No insurer, commercial self-insurance fund, or group self-insurer shall
make written application to the Department of Insurance or to the
Department of Labor and Employment Security for permission to file a
uniform percentage decrease below the revised rates effective as of
September 1, 1990.
Section 58. Section 440.4415, Florida Statutes, is repealed on October
1, 1995.
Section 53. Sections 115, 116, 117, 118, 119, and 120 of chapter 90-201,
Laws of Florida, are reenacted to read:
Section 115. There is hereby appropriated from the Workers'
Compensation Administration Trust Fund to the Department of Labor
and Employment Security for fiscal year 1990-1991 188 full-time

equivalent positions and the sum of $8,979,014 to implement the provisions
of this act.

January 22, 1991

workers' compensation insurance is a critical negative factor which
adversely impacts on the overall business climate in our state, and
WHEREAS, the "Cornerstone" strongly recommends the reform of
workers' compensation laws which place Florida at a competitive
disadvantage relative to other states, and

E OF REPRESENTATIVES 45

Section 116. There is hereby appropriated from the Workers'
Compensation Administration Trust Fund to the Department of Insurance
for fiscal year 1990-1991 11 full-time equivalent positions and the sum of
$665,351 to fund the Bureau of Workers' Compensation Insurance Fraud.
Section 117. There is hereby appropriated to the .Department of
Professional Regulation from the Professional Regulation Trust Fund for
the fiscal year 1990-1991 the sum of $144,145 and 5 full-time equivalent
positions to administer the provisions of this act.
Section 118. There is hereby appropriated to the Joint Legislative
Management Committee from the Workers' Compensation Administration
Trust Fund for the fiscal year 1990-1991 the sum of $601,564 and 7 full-
time equivalent positions to administer the provisions of this act.
Section 119. There is hereby appropriated from the Insurance
Commissioner's Regulatory Trust Fund to the Department of Insurance
the sum of $285,145, and 4 full-time equivalent positions are authorized for
the department, for fiscal year 1990-1991 to fund the medical care pilot
projects provided by this act.
Section 120. If any provision of this act or the application thereof to
any person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the act which can be given effect without
the invalid provision or application, and to this end the provisions of this
act are declared severable.
Section 54. This act shall take effect upon becoming a law and shall
operate retroactively to July 1, 1990, except that section 1, relating to
amendments to section 20.13, Florida Statutes, shall operate retroactively
to October 1, 1990. In the event that such retroactive application is held
by a court of last resort to be unconstitutional, the act shall apply
prospectively from the date the act becomes a law.
Rep. Simon moved the adoption of the amendment.
Rep. Crady suggested the absence of a quorum. A quorum of 113
Members was present.
The question recurred on the adoption of Amendment 1, which was
adopted.
Representative Simon offered the following amendment:
Amendment 2-On page 6, line 25, through page 9, line 23, strike all
of said lines and insert:
WHEREAS, in 1988, the Florida Legislature enacted the Florida
Economic Development Act, which called for the development of a
comprehensive strategy for economic growth and international
development, and
WHEREAS, the act created a Florida Economic Growth and
International Development Commission, the purpose of which was to
develop a strategy for the acceleration of economic growth and
international development within Florida, and
WHEREAS, the Florida Economic Growth and International
Development Commission held public hearings and prepared an in-depth
report of economic problems in the State of Florida, and
WHEREAS, the report of the Florida Economic Growth and
International Development Commission expressly finds that Florida's
reputation as a high cost workers' compensation state is at odds with a
favorable economic development climate, and that Florida's workers'
compensation laws are inadvertent barriers to economic growth, and
WHEREAS, the Florida Chamber of Commerce also conducted an
analytically based objective assessment of Florida's current competitive
position, and
WHEREAS, the Florida Chamber of Commerce published a report
entitled "Cornerstone," which identifies creative new strategic directions
for Florida's economic future, and
WHEREAS, "Cornerstone" finds that the increasing transaction cost of

46 JOURNAL OF THE HOUSE

WHEREAS, the Legislature finds that there is a financial crisis in the
workers' compensation insurance industry, causing severe economic
problems for Florida's business community and adversely impacting
Florida's ability to attract new business development to the state, and
WHEREAS, the Legislature finds that businesses are faced with
dramatic increases in the cost of workers' compensation insurance
coverage, and
WHEREAS, a report to the Joint Select Committee on Workers'
Compensation of the Florida Legislature revealed that the rates for
workers' compensation insurance are 54 percent higher than the
nationwide average, 75 percent higher than the average of all states in the
southeastern United States, and 60 percent higher than the average of
those states contiguous to Florida, and
WHEREAS, such report also indicated that Florida has experienced one
of the highest rates of increase in premiums for workers' compensation
insurance anywhere in the United States during the last 5 years, and
WHEREAS, such report also indicated that the present level of medical
benefit payments under the Florida Workers' Compensation Law is 42
percent higher than the nationwide average level of such benefit payments,
38 percent higher than the southern United States' average level of such
benefit payments, and 38 percent higher than the average level of such
benefit payments in states contiguous to Florida, and
WHEREAS, such report also indicated that the present level of
indemnity benefit payments under the Florida Workers' Compensation
Law is 31 percent higher than the nationwide average level of such benefit
payments, 60 percent higher than the southern United States' average level
of such benefit payments, and 106 percent higher than the average level
of such benefit payments in states contiguous to Florida, and
WHEREAS, the reductions in benefits provided in this act are necessary
to ensure rates that allow employers to continue to comply with the
statutory requirement of providing workers' compensation coverage but
are nonetheless calculated to provide an adequate level of compensation
to injured employees, and
WHEREAS, it is the sense of the Legislature that if the present crisis
is not abated, many businesses will cease operating and numerous jobs will
be lost in the State of Florida, and
WHEREAS, the Legislature believes it is necessary to avoid the workers'
compensation crisis, to maintain economic prosperity, and to protect the
employee's right to benefits if injured on the job, and
WHEREAS, the Legislature finds that there is an overpowering public
necessity for reform of the current workers' compensation system in order
to reduce the cost of workers' compensation insurance while protecting the
rights of employees to benefits for on-the-job injuries, and
WHEREAS, the Legislature finds that the reforms contained in this act
are the only alternative available that will meet the public necessity of
maintaining a workers' compensation system which provides adequate
coverage to injured employees at a cost that is affordable to employers, and
WHEREAS, the magnitude of these compelling economic problems
demands immediate, dramatic, and comprehensive legislative action,
NOW, THEREFORE,
Rep. Simon moved the adoption of the amendment, which was adopted.
Representative Simon offered the following title amendment:
Amendment 3-On page 1, line 1, through page 6, line 23, strike the
entire title and insert: A bill to be entitled An act relating to workers'
compensation; reenacting s. 20.13(4), F.S., relating to the Division of
Insurance Fraud of the Department of Insurance; reenacting s. 20.171(2),
(3), and (5), F.S., relating to the Department of Labor and Employment
Security and the Industrial Relations Commission; reenacting s. 4, ch. 90-
201, Laws of Florida, relating to a petition to the Supreme Court for

adoption of rules; reenacting s. 442.20, F.S., relating to workplace safety;
reenacting s. 7, ch. 90-201, Laws of Florida, relating to an appropriation;
reenacting s. 440.015, F.S., relating to construction of the Workers'
Compensation Law; reenacting s. 440.02, F.S., relating to definitions;
reenacting s. 440.055, F.S., relating to employer affidavits; reenacting s.

]

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom

Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark

Clemons
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch
Diaz-Balart
Feeney

Figg
Flagg
Foley
Frankel
Friedman
Garcia
Geller
Glickman
Goode

E OF REPRESENTATIVES January 22, 1991

440.09, F.S., relating to coverage; reenacting s. 440.092, F.S., relating to
recreational and social activities, going to or coming from work, deviation
from employment, traveling employees, and subsequent intervening
accidents; reenacting s. 440.10, F.S., relating to liability for compensation;
reenacting s. 440.101, F.S., relating to legislative intent with respect to
drug-free workplaces; reenacting s. 440.102, F.S., relating to drug-free
workplace programs; reenacting s. 440.11(1), F.S., relating to exclusiveness
of liability; reenacting s. 440.12(1), F.S., relating to commencement of
compensation; reenacting s. 440.13, F.S., relating to medical services and
supplies; reenacting s. 440.135, F.S., relating to pilot programs for medical
and remedial care; reenacting s. 440.15, F.S., relating to compensation for
disability; reenacting s. 440.16(1)(b), F.S., relating to compensation for
death; reenacting s. 440.185(4), F.S., relating to informational brochures;
reenacting s. 440.19(1), F.S., relating to time and procedure for filing
claims; reenacting s. 440.20(9) and (12), F.S., relating to payment of
compensation; reenacting s. 440.25(3) and (4), F.S., relating to procedures
for hearings and appeals; reenacting s. 26, ch. 90-201, Laws of Florida,
relating to the repeal of s. 440.26, F.S., relating to presumptions; reenacting
s. 440.271, F.S., relating to appellate review of orders of judges of
compensation claims; reenacting s. 440.272, F.S., relating to appellate
review of orders of the Industrial Relations Commission; reenacting s.
440.34(2), (3), (5), and (7), F.S., relating to attorney's fees and costs;
reenacting s. 440.37(4), F.S., relating to penalties for misrepresentation and
fraud; reenacting s. 440.38(1), (3), and (5), F.S., relating to security for
compensation; reenacting s. 440.381, F.S., relating to applications for
coverage and payroll reporting and auditing; reenacting s. 440.385, F.S.,
relating to the Florida Self-Insurers Guaranty Association; reenacting s.
440.386, F.S., relating to insolvency; reenacting s. 440.39(3)(a), F.S.,
relating to third-party liability; reenacting s. 440.43, F.S., relating to
penalties for failure to secure payment of compensation; reenacting s. 37,
ch. 90-201; Laws of Florida, relating to the repeal of s. 440.44(8) and (10),
F.S., relating to an advisory council and the Workers' Compensation
Oversight Board; reenacting s. 440.4415, F.S., relating to the Workers'
Compensation Oversight Board; reenacting s. 440.45(1) and (2), F.S.,
relating to judges of compensation claims; reenacting s. 440.49, F.S.,
relating to rehabilitation of injured employees and the Special Disability
Trust Fund; reenacting s. 440.52, F.S., relating to registration of insurance
carriers; reenacting s. 440.56(6), F.S., relating to penalties for violation of
safety rules; reenacting s. 440.572, F.S., relating to authorization of
individual self-insurers to provide coverage; reenacting s. 440.575(1)(c),
F.S., relating to local government pools; reenacting s. 440.59, F.S., relating
to risk management reports; reenacting s. 440.591, F.S., relating to
rulemaking authority; reenacting ss. 489.114 and 489.510, F.S., relating to
evidence of coverage of contractors; reenacting s. 626.611(15), F.S., relating
to fraudulent and dishonest practices; reenacting s. 626.869(5), F.S.,
relating to workers' compensation insurance adjuster course requirements;
reenacting s. 627.0915, F.S., relating to rate filings; reenacting s. 627.1615,
F.S., relating to discrimination against certain applicants for coverage;
reenacting s. 627.162, F.S., relating to installment payment of premiums;
reenacting ss. 54-58, ch. 90-201, Laws of Florida, relating to the Joint Select
Committee on Workers' Compensation, alternative methods of compliance
with the act, rate reductions, and future review and repeal; reenacting ss.
115-120, ch. 90-201, Laws of Florida, relating to appropriations and
severability; providing a retroactive effective date.
Rep. Simon moved the adoption of the amendment, which was adopted
without objection.
On motion by Representatives Simon, Johnson and Lombard, the rules
were waived by two-thirds vote and SB 8-B, as amended, was read the third
time by title. On passage, the vote was:
Yeas-117

January 22, 1991

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Nays-None

Jamerson
Jennings
Johnson
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Mackenzie
Mackey
Martinez
McEwan
Mims
Mishkin

So the bill passed, as amended,
Senate after engrossment.

Morse
Mortham
Muscarella
Ostrau
Peeples
Press
Pruitt
Rayson
Reaves
Reddick
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Sembler
Silver

Simon
Simone
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Viscusi
Wallace
Webster
Wise
Young

and was immediately certified to the

The Honorable T. K. Wetherell, Speaker
I am directed to inform the House of Representatives that the Senate has
passed HB 9-B, with amendments, and requests the concurrence of the
House.
Joe Brown, Secretary

HB 9-B-A bill to be entitled An act relating to international affairs;
reenacting s. 288.801, F.S., relating to legislative findings and intent;
reenacting s. 288.802, F.S., relating to the principal international affairs
officer of the state; reenacting s. 288.803, F.S., relating to creation of the
Florida International Affairs Commission; reenacting s. 288.804, F.S.,
relating to duties of the commission; reenacting s. 288.805, F.S., relating to
the strategic plan for international economic development; reenacting s.
288.806, F.S., relating to international business promotion grants;
reenacting s. 288.807, F.S., relating to biennial reports; reenacting s.
288.808, F.S., relating to the Florida International Affairs Commission
Trust Fund; reenacting s. 288.809, F.S., relating to the Florida
International Affairs Foundation; reenacting s. 288.810, F.S., relating to
the executive director of the commission; reenacting s. 288.811, F.S.,
relating to the Florida International Trade and Investment Council;
reenacting s. 288.812, F.S., relating to the Florida International Tourism
Advisory Council; reenacting s. 288.813, F.S., relating to the Agricultural
Advisory Council of the Department of Agriculture and Consumer
Services; reenacting s. 288.814, F.S., relating to the Florida International
Council; reenacting s. 288.815, F.S., relating to international research;
reenacting s. 288.816, F.S., relating to intergovernmental relations;
reenacting s. 229.6054, F.S., relating to international education; reenacting
s. 288.817, F.S., relating to international education liaison; reenacting s.
76(2) and (3), ch. 90-201, Laws of Florida, relating to feasibility studies
conducted by the Board of Regents; reenacting s. 229.6053(1) and (3)(a)
and (b), F.S., relating to the Florida Commission on International
Education; reenacting s. 240.137, F.S., relating to linkage institutes
between postsecondary institutions of Florida and foreign countries;
reenacting s. 288.818, F.S., relating to the International Language Institute
Advisory Council; reenacting s. 228.086(1) and (4)(e) and (g), F.S., relating
to regional centers of excellence; reenacting s. 229.59(1), F.S., relating to
educational improvement projects; reenacting s. 229.6056, F.S., relating to
education outreach activities; reenacting s. 240.145(1), F.S., relating to the
Postsecondary Education Planning Commission; reenacting s. 240.147(2),
F.S., relating to duties of the commission; reenacting s. 187.201(1)(b), F.S.,
relating to educational policies of the State Comprehensive Plan;
reenacting s. 229.6051, F.S., relating to cooperation of educational agencies
with the Florida International Affairs Commission; reenacting s. 15.18,
F.S., relating to international and cultural relations; reenacting s. 88, ch.

90-201, Laws of Florida, relating to duties of the Department of State;
reenacting s. 89, ch. 90-201, Laws of Florida, relating to future repeal of ss.
15.185 and 15.20, F.S.; reenacting s. 288.819, F.S., relating to the Florida
International Banking Advisory Council; reenacting s. 20.17(2)(c) and (4),
F.S., relating to the Department of Commerce; reenacting and amending
s. 92, ch. 90-201, Laws of Florida, relating to appointments to the Economic
Development Advisory Council; correcting a cross reference; reenacting s.
288.025, F.S., relating to the Division of International Trade and
Development of the Department of Commerce; reenacting s. 288.03, F.S.,
relating to the Division of Economic Development of the Department of
Commerce; reenacting s. 288.115, F.S., relating to expenses of the
Department of Commerce; reenacting s. 288.118(1), F.S., relating to the
export finance officer of the Division of International Trade and
Development; reenacting s. 601.15(10)(h), F.S., relating to citrus
marketing; reenacting and amending ss. 98-100, ch. 90-201, Laws of
Florida, relating to future repeals; correcting cross references; reenacting
and amending s. 288.820, F.S., relating to implementation of specified
provisions; clarifying a cross reference; reenacting s. 288.8041, F.S., relating
to duties of the Florida International Affairs Commission; reenacting s.
288.8032, F.S., relating to organization of the commission; reenacting s.
288.760, F.S., relating to export finance; reenacting s. 288.821, F.S., relating
to the Florida International Tourism Promotion Council; reenacting and
amending s. 288.822, F.S., relating to operation of foreign offices; correcting
a cross reference; reenacting s. 288.823, F.S., relating to the Florida Council
of International Economic Advisors; reenacting s. 108, ch. 90-201, Laws of
Florida, relating to amendment of s. 288.117, F.S., relating to international
currency and barter exchanges; reenacting s. 109, ch. 90-201, Laws of
Florida, relating to amendment of s. 288.121, F.S., relating to the Division
of Tourism of the Department of Commerce; reenacting s. 288.824, F.S.,
relating to powers of the Governor; reenacting s. 288.825, F.S., relating to
reports to the Florida International Affairs Commission; reenacting and
amending s. 112, ch. 90-201, Laws of Florida, relating to future repeals;
correcting cross references; reenacting s. 288.123(1) and (2), F.S., relating
to the Tourism Advisory Council; reenacting s. 288.826, F.S., relating to the
Florida International Trade and Promotion Trust Fund; providing for
review and repeal of ss. 288.821 and 288.823, F.S.; reenacting s. 120, ch. 90-
201, Laws of Florida, relating to severability; providing a retroactive
effective date.

Senate Amendment 1-On page 98, between lines 4 and 5, insert:
Section 58. Notwithstanding any provisions to the contrary in this act, it
is the intent of the Legislature not to expend in excess of the amounts
appropriated for international trade programs by the Legislature, as
amended by the Governor's vetoes and reductions made by the
Administration Commission, during the 1990-1991 fiscal year.
Senate Amendment 2-In title, on page 5, line 2, after the semicolon
insert: providing legislative intent regarding appropriations for
international trade programs;
On motions by Rep. Simon, the House concurred in Senate Amendments
1 and 2. The question recurred on the passage of HB 9-B. The vote was:

Yeas-112
The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark

Clemons
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch
Diaz-Balart
Feeney
Figg
Flagg
Foley
Frankel
Garcia
Geller
Glickman
Goode
Gordon

Graber
Graham
Grindle
Guber
Gutman
Hafner
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland

Irvine
Jamerson
Jennings
Johnson
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Mackenzie
Mackey
Martinez

47

JOURNAL OF THE HOUSE OF REPRESENTATIVES

McEwan
Mims
Mishkin
Morse
Mortham
Muscarella
Ostrau
Peeples
Press
Pruitt
Nays-5
Friedman
Hanson

Rayson
Reaves
Reddick
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson

Lombard

Sansom
Saunders
Sembler
Silver
Simon
Sindler
Smith, C.
Smith, K.
Stafford
Starks

Simone

Stone
Tobiassen
Tobin
Trammell
Valdes
Viscusi
Wallace
Webster
Wise
Young

Thomas

So the bill passed, as amended by the Senate amendments. The action
was immediately certified to the Senate and the bill was ordered enrolled
after engrossment.

The Honorable T. K. Wetherell, Speaker
I am directed to inform the House of Representatives that the Senate has
adopted SCR 4-B and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Girardeau-

expenditures and sources of funds for those expenditures. A statement
covering the period from January 1 through June 30 must be filed by July
15 of that year, and a statement covering the period from July 1 through
December 31 must be filed by January 15 of the succeeding year. These
statements should not include expenditures for the registrant's lodging,
meals, or travel. A statement must be filed for each reporting period even
if no expenditures have been made during that reporting period.
(3) The Joint Legislative Management Committee shall publish on the
first Monday of each regular session and weekly thereafter through the end
of that session a compilation of the names of persons who have registered
and the information contained in their registrations.
(4) The Joint Legislative Management Committee shall retain all
original documents submitted under this section.
Section 3. Joint Senate and House Rule 1.3 is created to read:
1.3-Registration costs; Exemptions
(1) To cover the costs incurred in administering this joint policy, each
person who registers under Joint Senate and House Rule 1.1 must pay a
biennial registration fee to the Joint Legislative Management Committee.
These fees should be paid at the time of registration; provided, however,
those persons who have already registered with the House or Senate for the
current session shall pay their fees prior to March 4, 1991, to avoid
registering again. The following persons are exempt from paying the fee:

A (a) Any person who receives no compensation for his appearances other
SCR 4-B-A concurrent resolution setting forth joint policy governing than reasonable reimbursement for his travel and meal expenses.
the registration of lobbyists.

Be It Resolved by the Senate of the State of Florida, the House of
Representatives Concurring:
That the following joint policy governs the registration of lobbyists who
appear before either house of the Legislature to the extent that it is not
inconsistent with the rules of that house:
Section 1. Joint Senate and House Rule 1.1 is created to read:
1.1-Those Required to Register; Exemptions
Any person who appears before a member, a committee, or staff of the
Legislature to express support for or opposition to any legislation must
register with the Joint Legislative Management Committee, unless that
person:
(1) Is a member of the Legislature;
(2) Is employed by the Legislature and is authorized in writing to
appear;

(b) Any governmental official elected in the State of Florida.
(c) Two employees of each state agency who are designated in writing
by the head of the agency.
Persons who are not required to register under Joint Senate and House
Rule 1.1, but who choose to do so, shall pay a processing fee of $10.00 per
house per biennium.
(2) The fee is $50 per each house for a person to register to represent
one principal and an additional $10 per house for each additional principal
that the person registers to represent. The fees collected by the Joint
Legislative Management Committee under this joint policy shall be
deposited in the State Treasury and credited to the appropriation for
legislative expenses specifically to cover the costs incurred in administering
this joint policy.
Section 4. Joint Senate and House Rule 1.4 is created to read:
1.4-Questions regarding registration

(3) Appears solely in his individual capacity and so declares during that Persons in doubt as to whether they are required to register may request
appearance; an opinion from the Speaker of the House or the President of the Senate.

(4) Appears on behalf of an organization or business entity in which he
is an officer, partner, or member, or by which he is regularly employed, and
receives no salary or compensation for that appearance other than
reasonable and ordinary travel expenses, and so declares during that
appearance; or
(5) Appears as a witness or for the purpose of providing information at
the written request of the chairman of the committee, the subcommittee,
or legislative delegation.
Section 2. Joint Senate and House Rule 1.2 is created to read:
1.2-Method of Registration; Periodic Reports Required
(1) Each person who is required to register under Joint Senate and
House Rule 1.1 must register on forms furnished by the Joint Legislative
Management Committee, on which he must state, under oath, his name
and business address, the name and business address of each principal he
represents, the areas of his legislative interest, and the extent of any direct
business association or partnership he has with any member of the
Legislature. The Joint Legislative Management Committee or its designee
is authorized to acknowledge the oath of any person who registers in
person.
(2) In addition, each person who registers must submit semiannually
to the Joint Legislative Management Committee, on forms furnished by
the committee, a signed and certified statement listing all lobbying

Section 5. Joint Senate and House Rule 1.5 is created to read:
1.5-Open Records
All the lobbyist registration and expenditure records shall be available
for public inspection, and for duplication at reasonable cost.
-was read the first time by title. On motion by Rep. Johnson, the rules
were waived by two-thirds vote and the concurrent resolution was read the
second time by title.
During consideration thereof, without objection, further consideration of
SCR 4-B was temporarily deferred. Subsequently, on motion by Rep.
Johnson, the concurrent resolution was adopted and, under the rule,
immediately certified to the Senate.
On motion by Rep. Simon, the rules were waived and-

HB 11-B-A bill to be entitled An act relating to workers'
compensation; reenacting and amending s. 440.02, F.S.; defining
"employee"; reenacting and amending s. 20.171, F.S.; providing for
nomination of members of the Industrial Relations Commission; removing
a provision subjecting such members to the jurisdiction of the Judicial
Qualifications Commission; specifying proceedings over which the First
District Court of Appeal retains jurisdiction; reenacting and amending s.
118, ch. 90-201, Laws of Florida; clarifying the scope of an appropriation;
providing an effective date.

48

January 22, 1991

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-was taken up instanter and read the second time by title.
Representative Simon offered the following amendment:
Amendment 1-On page 1, line 18, strike everything after the enacting
clause and insert:
Section 1. Section 440.02, Florida Statutes, 1990 Supplement, is
reenacted and amended to read:
440.02 Definitions.-When used in this chapter, unless the context
clearly requires otherwise, the following terms shall have the following
meanings:
(1) "Accident" means only an unexpected or unusual event or result,
happening suddenly. A mental or nervous injury due to stress, fright or
excitement only, or disability or death due to the accidental acceleration
or aggravation of a venereal disease or of a disease due to the habitual use
of alcohol or controlled substances or narcotic drugs, shall be deemed not
to be an injury by accident arising out of the employment. Where a
preexisting disease or anomaly is accelerated or aggravated by an accident
arising out of and in the course of employment, only acceleration of death
or acceleration or aggravation of the preexisting condition reasonably
attributable to the accident shall be compensable, with respect to death or
permanent impairment.
(2) "Adoption" or "adopted" means legal adoption prior to the time of
the injury.
(3) "Carrier" means any person or fund authorized under s. 440.38 to
insure under this chapter and includes a self-insurer, and a commercial
self-insurance fund authorized under s. 624.462.
(4) "Casual" as used in this section shall be taken to refer only to
employment when the work contemplated is to be completed in not
exceeding 10 working days, without regard to the number of men
employed, and when the total labor cost of such work is less than $100.
(5) "Child" includes a posthumous child, a child legally adopted prior
to the injury of the employee, and a stepchild or acknowledged child born
out of wedlock dependent upon the deceased, but does not include married
children unless wholly dependent on him. "Grandchild" means a child as
above defined of a child as above defined. "Brother" and "sister" include
stepbrothers and stepsisters, halfbrothers and halfsisters, and brothers and
sisters by adoption, but does not include married brothers or married
sisters unless wholly dependent on the employee. "Child," "grandchild,"
"brother," and "sister" include only persons who at the time of the death
of the deceased employees are under 18 years of age, or under 22 years of
age if a full-time student in an accredited educational institution.
"(6) "Compensation" means the money allowance payable to an
employee or to his dependents as provided for in this chapter.
(7) "Construction industry" means for-profit activities involving the
carrying out of any building, clearing, filling, excavation, or substantial
improvement in the size or use of any structure or the appearance of any
land. When appropriate to the context, "construction" refers to the act of
construction or the result of construction. However, "construction" shall
not mean a landowner's act of construction or the result of a construction
upon his or her own premises, provided such premises are not intended to
be sold or resold.
(8) "Date of maximum medical improvement" means the date after
which further recovery from, or lasting improvement to, an injury or
disease can no longer reasonably be anticipated, based upon reasonable
medical probability.
(9) "Death" as a basis for a right to compensation means only death
resulting from an injury.
(10) "Department" means the Department of Labor and Employment
Security.
(11) "Disability" means incapacity because of the injury to earn in the
same or any other employment the wages which the employee was receiving
at the time of the injury.
(12) "Division" means the Division of Workers' Compensation of the
Department of Labor and Employment Security.

January 22, 1991

;independent contractor+ ngage d in the instruction industry, including:
a. An individual who agrees in writing to perform services for a person
or corporation without supervision or control as a real estate salesman or
agent, if such service by such individual for such person or corporation is
performed for remuneration solely by way of commission; and
b. Bands, orchestras, and musical and theatrical performers, including
disk jockeys, performing in licensed premises as defined in chapter 562,
provided a written contract evidencing an independent contractor
relationship is entered into prior to the commencement of such
entertainment; and-
c. An owner-operator of a motor vehicle who transports property under
a written contract with a motor carrier which evidences a relationship by
which the owner-operator assumes the responsibility of an employer for the
performance of the contract, provided that the owner-operator is required
to furnish the necessary motor vehicle equipment and all costs incidental
to the performance of the contract, including, but not limited to, fuel,
taxes, licenses, repairs, and hired help; and the owner-operator is paid a
commission for his transportation service and is not paid by the hour or
on some other time-measured basis.
2. A person whose employment is both casual and not in the course of
the trade, business, profession, or occupation of the employer.
3. A volunteer, except a volunteer worker for the state or a county, city,
or other governmental entity. NotwithstMading thC provisions ofs. 4 0.26,
A person who does not receive monetary remuneration for his services is
presumed to be a volunteer unless there is substantial evidence that a
valuable consideration was intended by both employer and employee. For
purposes of this chapter, the term "volunteer" includes, but is not limited
to:

(13)(a) "Employee" means every person engaged in any employment a. Persons who serve in private nonprofit agencies and who receive no
under any appointment or contract of hire or apprenticeship, express or compensation other than expenses in an amount less than or equivalent to

SOF REPRESENTATIVES 49

implied, oral or written, including aliens and also including minors,
whether lawfully or unlawfully employed.
(b) "Employee" includes any person who is an officer of a corporation
and who performs services for remuneration for such corporation within
this state, whether or not such services are continuous. However, oxcopt as
hereinafter provided,
1. Any officer of a corporation may elect to be exempt from the
provisions of eoverage-under this chapter by filing written notice
eertificatien of the election with the division as provided in s. 440.05.
2. As to officers of a corporation who are actively engaged in the
construction industry, no more than three officers may elect to be exempt
from the provisions of this chapter by filing written notice of the election
with the division as provided in s. 440.05.
3. An officer of a corporation who elects to be exempt from the
provisions of this chapter by filing a written notice of the election with
the division as provided in s. 440.05 is not an employee.
Services shall be presumed to have been rendered the corporation in cases
when such officer is compensated by other than dividends upon shares of
stock of such corporation owned by him.
(c) "Employee" includes a sole proprietor or a partner who devotes full
time to the proprietorship or partnership and, except as hereinafter
provided, elects to be included in the definition of employee by filing notice
thereof as provided in s. 440.05. However, Partners or sole proprietors
actively engaged in the construction industry are considered employees
unless they elect to be excluded from the definition of employee by filing
written notice of the election with the division as provided in s. 440.05.
However, no more than three partners in a partnership that is actively
engaged in the construction industry may elect to be excluded in-all
instance whether or not the right of election is exorcised. A sole proprietor
or partner who is actively engaged in the construction industry and who
elects to be exempt from the provisions of this chapter by filing a written
notice of the election with the division as provided in s. 440.05 is not an
employee.
(d) "Employee" does not include:
1. An independent contractor, who is not subject to the control and
direction of the employer as to his actual conduct, exeept those
: -3 - -3 A. -. - 3 .1 J. .: : --* -

50 JOURNAL OF THE HOUSE

the standard mileage and per diem expenses provided to salaried
employees in the same agency or, in the event that such agency does not
have salaried employees who receive mileage and per diem, then such
volunteers who receive no compensation other than expenses in an amount
less than or equivalent to the customary mileage and per diem paid to
salaried workers in the community as determined by the division; and-
b. Volunteers participating in federal programs established pursuant
to Pub. L. No. 93-113.
4. Any officer of a corporation who elects to be exempt from the
provisions of evereage under this chapter; however, no officer of a
corporation engaged in the censtruction industry shall bo oxnptod frm
coverage under this chapter.
5. A sole proprietor or officer of a corporation who actively engages in
the construction industry, and a partner in a partnership that is actively
engaged in the construction industry, who elects to be exempt from the
provisions of this chapter. Such sole proprietor, officer, or partner is not
an employee for any reason until the notice of revocation of election filed
pursuant to s. 440.05 is effective.
(14) "Employer" means the state and all political subdivisions thereof,
all public and quasi-public corporations therein, every person carrying on
any employment, and the legal representative of a deceased person or the
receiver or trustees of any person.
(15)(a) "Employment," subject to the other provisions of this chapter,
means any service performed by an employee for the person employing
him.
(b) "Employment" includes:
1. Employment by the state and all political subdivisions thereof and
all public and quasi-public corporations therein, including officers elected
at the polls.
2. All private employment in which four or more employees are
employed by the same employer or, with respect to the construction
industry, all private employment in which one or more employees are
employed by the same employer.
3. Volunteer firefighters responding to or assisting with fire or medical
emergencies whether or not the firefighters are on duty.
(c) "Employment" does not include service performed by or as:
1. Domestic servants in private homes.
2. Agricultural labor performed on a farm in the employ of a bona fide
farmer, or association of farmers, who employs 5 or fewer regular
employees and who employs fewer than 12 other employees at one time for
seasonal agricultural labor that is completed in less than 30 days, provided
such seasonal employment does not exceed 45 days in the same calendar
year. The term "farm" includes stock, dairy, poultry, fruit, fur-bearing
animals, fish, and truck farms, ranches, nurseries, and orchards. The term
"agricultural labor" includes field foremen, timekeepers, checkers, and
other farm labor supervisory personnel.
3. Professional athletes, such as professional boxers, wrestlers,
baseball, football, basketball, hockey, polo, tennis, jai alai, and similar
players, and motorsports teams competing in a motor racing event as
defined in s. 549.08.
4. Labor under a sentence of a court to perform community services as
provided in s. 316.193.
(16) "Misconduct" includes, but is not limited to, the following, which
shall not be construed in pari material with each other:
(a) Conduct evincing such willful or wanton disregard of an employer's
interests as is found in deliberate violation or disregard of standards of
behavior which the employer has the right to expect of his employee; or
(b) Carelessness or negligence of such a degree or recurrence as to
manifest culpability, wrongful intent, or evil design, or to show an
intentional and substantial disregard of an employer's interests or of the
employee's duties and obligations to his employer.

(17) "Injury" means personal injury or death by accident arising out of
and in the course of employment, and such diseases or infection as
naturally or unavoidably result from such injury. Damage to dentures,
eyeglasses, prosthetic devices, and artificial limbs may be included in this
definition only when the damage is shown to be part of, or in conjunction

I ]

(27) "Individual self-insurer" means any employer who has secured
payment of compensation pursuant to s. 440.38(1)(b) as an individual self-
insurer.
(28) "Domestic individual self-insurer" means an individual self-
insurer:

- - -- --

E OF REPRESENTATIVES January 22, 1991

with, an accident. This damage must specifically occur as the result of an
accident in the normal course of employment.
(18) "Parent" includes stepparents and parents by adoption, parents-
in-law, and any persons who for more than 3 years prior to the death of the
deceased employee stood in the place of a parent to him and were
dependent on the injured employee.
(19) "Permanent impairment" means any anatomic or functional
abnormality or loss, existing after the date of maximum medical
improvement, which results from the injury.
(20) "Person" means individual, partnership, association, or
corporation, including any public service corporation.
(21) "Self-insurer" means:
(a) Any employer who has secured payment of compensation pursuant
to s. 440.38(1)(b) or (6) as an individual self-insurer;
(b) Any employer who has secured payment of compensation through
a group self-insurer pursuant to s. 440.57;
(c) Any group self-insurer established pursuant to s. 440.57;
(d) A public utility as defined in s. 364.02 or s. 366.02 that has assumed
by contract the liabilities of contractors or subcontractors pursuant to s.
440.571; or
(e) Any local government pool established pursuant to s. 440.575.
(22) "Spouse" includes only a spouse substantially dependent for
financial support upon the decedent and living with the decedent at the
time of the decedent's injury and death, or substantially dependent upon
the decedent for financial support and living apart at that time for
justifiable cause.
(23) "Time of injury" means the time of the occurrence of the accident
resulting in the injury.
(24) "Wages" means the money rate at which the service rendered is
recompensed under the contract of hiring in force at the time of the injury
and includes only the wages earned on the job where the employee is
injured and does not include wages from outside or concurrent
employment except in the case of a volunteer firefighter, together with the
reasonable value of housing furnished to the employee by the employer
which is the permanent year-round residence of the employee, and
gratuities to the extent reported to the employer in writing as taxable
income received in the course of employment from others than the
employer and employer contributions for health insurance for the
employee or the employee's dependents. However, housing furnished to
migrant workers shall be included in wages unless provided after the time
of injury. In employment in which an employee receives consideration for
housing, the reasonable value of such housing compensation shall be the
actual cost to the employer or based upon the Fair Market Rent Survey
promulgated pursuant to section 8 of the Housing and Urban Development
Act of 1974, whichever is less. However, if employer contributions for
housing or health insurance are continued after the time of the injury, the
contributions are not "wages" for the purpose of calculating an employee's
average weekly wage.
(25) "Weekly compensation rate" means and refers to the amount of
compensation payable for a period of 7 consecutive days, including any
Saturday, Sundays, holidays, and other nonworking days which fall within
such period of 7 consecutive days. When Saturdays, Sundays, holidays, or
other nonworking days immediately follow the first 7 days of disability or
occur at the end of a period of disability as the last day or days of such
period, such nonworking days constitute a part of the period of disability
with respect to which compensation is payable.
(26) "Construction design professional" means an architect,
professional engineer, landscape architect, or land surveyor, or any
corporation, professional or general, that has a certificate to practice in the
construction design field from the Florida Department of Professional
Regulation.

JOURNAL OF THE HOUSE]

(a) Which is a corporation formed under the laws of this state;
(b) Who is an individual who is a resident of this state or whose primary
place of business is located in this state; or
(c) Which is a partnership whose principals are residents of this state
or whose primary place of business is located in this state.
S(29) "Foreign individual self-insurer" means an individual self-insurer:
(a) Which is a corporation formed under the laws of any state, district,
territory, or commonwealth of the United States other than this state;
(b) Who is an individual who is not a resident of this state and whose
primary place of business is not located in this state; or
(c) Which is a partnership whose principals are not residents of this
state and whose primary place of business is not located in this state.
(30) "Insolvent member" means an individual self-insurer which is a
member of the Florida Self-Insurers Guaranty Association, Incorporated,
or which was a member and has withdrawn pursuant to s. 440.385(1)(b),
and which has been found insolvent, as defined in paragraph (31)(a), (b),
or (c), by a court of competent jurisdiction in this or any other state, or
meets the definition of paragraph (31)(d).
(31) "Insolvency" or "insolvent" means:
(a) That all assets of the individual self-insurer, if made immediately
available, would not be sufficient to meet all the individual self-insurer's
liabilities;
(b) That the individual self-insurer is unable to pay its debts as they
become due in the usual course of business;
(c) That the individual self-insurer has substantially ceased or
suspended the payment of compensation to its employees as required in
this chapter; or
(d) That the individual self-insurer has sought protection under the
United States Bankruptcy Code or has been brought under the jurisdiction
of a court of bankruptcy as a debtor pursuant to the United States
Bankruptcy Code.
Section 2. Section 440.05, Florida Statutes, is amended to read:
440.05 Notice of exemption or acceptance and waiver of exemption or
acceptance.-
(1) Every corporate officer who elects not to accept the provisions of
this chapter or who, after electing such exemption, then revokes that
exemption shall mail to the division in Tallahassee notice to such effect in
accordance with a form to be prescribed by the division.
(2) Every sole proprietor or partner who elects to be included in the
definition of "employee" or who, after such election, then revokes that
election shall mail to the division in Tallahassee notice to such effect, in
accordance with a form to be prescribed by the division.
(3) Every sole proprietor, partner, or officer of a corporation who is
actively engaged in the construction industry and who elects an
exemption from the provisions of this chapter or who, after electing such
exemption, revokes that exemption, shall mail a written notice to such
effect to the division on a form prescribed by the division. The notice of
election to be exempt from the provisions of this chapter must be
notarized and under oath. The form must list the name, federal tax
identification number, social security number, and all certified or
registered licenses issued pursuant to chapter 489 held by the person
seeking the exemption. The form must identify each sole proprietorship,
partnership, or corporation that employs the person seeking the
exemption and must list the social security number or federal tax
identification number of each such employer. In addition, the exemption
form must provide that the sole proprietor, partner, or officer electing an
exemption is not entitled to benefits under this chapter, must provide
that the exemption does not exceed exemption limits for officers and
partnerships, and must certify that any employees of the sole proprietor,
partner, or officer electing an exemption are covered by workers'
compensation insurance. Upon receipt of the notice of the election to be
exempt and a determination that the notice meets the requirements of
this subsection, the division shall issue a certification of the election to

the sole proprietor, partner, or officer. The certificate of election must list
the names of the sole proprietorship, partnership, or corporation listed
in the request for exemption. A new certificate of election must be

January 22, 1991

compensation to the employees of a subcontractor who has failed to secure
such payment in violation of s. 440.38, the contractor or other third-party
payor shall be entitled to recover from the subcontractor all benefits paid
or payable plus interest unless the contractor and subcontractor have
agreed in writing that the contractor will provide coverage.

E OF REPRESENTATIVES 51

obtained each time the person is employed by a new sole proprietorship,
partnership, or corporation that is not listed on the certificate of election.
A copy of the certificate of election shall be sent to each workers'
compensation carrier identified in the request for exemption. The
certification of the election is valid for 2 years or until the sole proprietor,
partner, or officer revokes his election, whichever occurs first. Upon filing
a notice of revocation of election, if the sole proprietor, partner, or officer
is a subcontractor, he shall notify his contractor.
(4)-3) No notice given pursuant to subsection (1), or subsection (2), or
subsection (3) is shall beeeme effective until 30 days after the date it is
mailed to the division in Tallahassee. However, if an accident or
occupational disease occurs less than 30 days after the effective date of the
insurance policy under which the payment of compensation is secured or
the date the employer qualified as a self-insurer, such notice is shall-be
effective as of 12:01 a.m. of the day following the date it is mailed to the
division in Tallahassee.
(5) Any contractor responsible for compensation under s. 440.10 may
register in writing with the workers' compensation carrier for any
subcontractor and shall thereafter be entitled to receive written notice
from the carrier of any cancellation or nonrenewal of the policy.
(6) The division may assess a fee, not to exceed $50, with each request
for election or renewal of election under this section. The funds collected
by the division shall be used to administer this section and to audit the
businesses that pay the fee for compliance with any requirements of this
chapter.
Section 3. Section 440.077, Florida Statutes, is created to read:
440.077 When a sole proprietor, partner, or officer rejects chapter,
effect.-A sole proprietor, partner, or officer of a corporation who is
actively engaged in the construction industry and who elects to be exempt
from the provisions of this chapter may not recover benefits under this
chapter.
Section 4. Section 440.10, Florida Statutes, 1990 Supplement, is
reenacted and amended to read:
440.10 Liability for compensation.-
(1)(a) Every employer coming within the provisions of this chapter,
including any brought within the chapter by waiver of exclusion or of
exemption, shall be liable for, and shall secure, the payment to his
employees, or any physician, surgeon, or pharmacist providing services
under the provisions of s. 440.13, of the compensation payable under ss.
440.13, 440.15, and 440.16. Except as otherwise. provided her-in, Every
contractor or subcontractor, if required by rules requiring coverage
according to the provisions of this chapter adopted by the Department of
Labor and Employment Security, must shall, as a condition to receiving
a building permit, show proof that he has secured compensation for his
employees under this chapter as provided in s. 440.38 or, if applicable,
provide a written certificate of election issued under s. 440.05. Further,
any contractor or subcontractor who engages in any public or private
construction in the state shall secure and maintain compensation for his
employees under this chapter as provided in s. 440.38.
(b) In case a contractor sublets any part or parts of his contract work
to a subcontractor or subcontractors, all of the employees of such
contractor and subcontractor or subcontractors engaged on such contract
work shall be deemed to be employed in one and the same business or
establishment; and the contractor shall be liable for, and shall secure, the
payment of compensation to all such employees, except to employees of a
subcontractor who has secured such payment.
(c) A contractor may require a subcontractor to provide evidence of
workers' compensation insurance or a copy of his certificate of election.
A subcontractor electing to be exempt as a sole proprietor, partner, or
officer of a corporation shall provide a copy of his certificate of election
to his contractor.
(d)1. If In the event a contractor becomes liable for the payment of

JOURNAL OF THE HOUSE OF REPRESENTATIVES

2. If a contractor or third-party payor becomes liable for the payment
of compensation to the employee of a subcontractor that is actively
engaged in the construction industry and has elected to be exempt from
the provisions of this chapter, but whose election is invalid, the contractor
or third-party payor may recover from the claimant, partnership, or
corporation all benefits paid or payable plus interest, unless the
contractor and the subcontractor have agreed in writing that the
contractor will provide coverage.
(e) A subcontractor who knowingly presents or causes to be presented,
any false, fraudulent, or misleading oral or written statement to any person
as evidence of compliance with s. 440.38 commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(f) A subcontractor is not liable for the payment of compensation to the
employees of another subcontractor on such contract work and is not
protected by the exclusiveness-of-liability provisions of s. 440.11 from
action at law or in admiralty on account of injury of such employee of
another subcontractor.
(2) Compensation shall be payable irrespective of fault as a cause for
the injury, except as provided in s. 440.09(3).
Section 5. Section 440.52, Florida Statutes, 1990 Supplement, is
reenacted and amended to read:
440.52 Registration of insurance carriers; notice of cancellation or
expiration of policy; suspension or revocation of authority.-
(1) Each insurance carrier who desires to write such compensation
insurance in compliance with this chapter shall be required, before writing
such insurance, to register with the division and pay a registration fee of
$100. This shall be deposited by the division in the fund created by s.
440.50.
(2) A carrier or self-insurance fund that receives notice pursuant to
s. 440.05 shall notify the contractor of the cancellation or expiration of
the insurance.
(3)(- If the division finds, after due notice and a hearing at which the
insurance carrier is entitled to be heard in person or by counsel and present
evidence, that the insurance carrier has repeatedly failed to comply with
its obligations under this chapter, the division may request the
Department of Insurance to suspend or revoke the authorization of such
insurance carrier to write workers' compensation insurance under this
chapter. Such suspension or revocation shall not affect the liability of any
such insurance carrier under policies in force prior to the suspension or
revocation.
(4)3 In addition to the penalties prescribed in subsection (3)Q4,
violation of s. 440.381 by an insurance carrier shall result in the imposition
of a fine not to exceed $1,000 per audit, if the insurance carrier fails to act
on said audits by correcting errors in employee classification or accepted
applications for coverage where it knew employee classifications were
incorrect. Such fines shall be levied by the Department of Insurance- and
deposited into the Insurance Commissioner's Regulatory Trust Fund.
Section 6. Subsection (5) of section 20.171, Florida Statutes, as
created by chapter 90-201, Laws of Florida, is hereby repealed,
notwithstanding the reenactment of said provision by Senate Bill 8-B or
similar legislation adopted during 1991 Special Session B.
Section 7. Section 4 of chapter 90-201, Laws of Florida, is hereby
repealed, notwithstanding the reenactment of said provision by Senate
Bill 8-B or similar legislation adopted during 1991 Special Session B.
Section 8. Section 440.4415, Florida Statutes, as created by chapter
90-201, Laws of Florida, is hereby repealed, notwithstanding the
reenactment of said provision by Senate Bill 8-B or similar legislation
adopted during 1991 Special Session B.
Section 9. Section 118 of chapter 90-201, Laws of Florida, is hereby
repealed, notwithstanding the reenactment of said provision by Senate
Bill 8-B or similar legislation adopted during 1991 Special Session B.
Section 10. The Division of Statutory Revision of the Joint Legislative
Management Committee is directed to prepare for introduction during
the 1991 Regular Session of the Legislature a reviser's bill conforming the
text of the Florida Statutes to the repeal by this act ofs. 20.171(5), Florida

Statutes, 1990 Supplement, relating to the Industrial Relations
Commission, and a reviser's bill conforming the text of the Florida

Statutes to the repeal by this act of s. 440.4415, Florida Statutes, 1990
Supplement, relating to the Workers' Compensation Oversight Board and
legal counsel.
Section 11. This act shall take effect upon becoming a law.
Rep. Simon moved the adoption of the amendment.
On motion by Rep. Carpenter, the rules were waived and debate was
limited to three minutes per side on all amendments to the bill.
Representative McEwan offered the following amendment to the
amendment:
Amendment 1 to Amendment 1-On page 14, line 1, before the
period insert:, and must provide with respect to corporate officers that
the officer has at least a 20 percent ownership interest in the corporation
actively engaged in the construction industry unless all officers of the
same corporation seeking the exemption are family members. For
purposes of this section, a family member shall have the same meaning
as defined in s. 440.13.
Rep. McEwan moved the adoption of the amendment to the amendment,
which failed of adoption.
Representative Huenink offered the following amendment to the
amendment:
Amendment 2 to Amendment 1-On page 18, lines 23-31, strike all
of said lines
Rep. Huenink moved the adoption of the amendment to the amendment,
which failed of adoption. The vote was:
Yeas-57

Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bronson
Corr
Crady
De Grandy
Feeney
Foley
Garcia
Goode
Graber
Nays-58
The Chair
Abrams
Bloom
Boyd
Brennan
Brown
Burke
Chestnut
Chinoy
Clark
Clemons
Cosgrove
Davis
Deutsch
Diaz-Balart

Graham
Grindle
Gutman
Hafner
Hanson
Harden
Hawkes
Hawkins
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jennings

Flagg
Frankel
Friedman
Geller
Glickman
Gordon
Guber
Hargrett
Harris
Healey
Holzendorf
Jamerson
Johnson
Jones, C. F.
Jones, Daryl

Jones, Dennis
King
Laurent
Lawson
Lewis
Lombard
Mackey
McEwan
Mortham
Muscarella
Peeples
Pruitt
Ritchie
Rojas
Safley

Kelly
Liberti
Lippman
Logan
Mackenzie
Martinez
Mims
Mishkin
Morse
Ostrau
Press
Rayson
Reaves
Reddick
Roberts

Sanderson
Sansom
Sembler
Simone
Smith, K.
Starks
Stone
Thomas
Tobiassen
Valdes
Webster
Wise

Rudd
Rush
Saunders
Silver
Simon
Sindler
Smith, C.
Stafford
Tobin
Trammell
Viscusi
Wallace
Young

Votes after roll call:
Nays-Figg, Carpenter
Yeas to Nays-Goode, Graber
The question recurred on the adoption of Amendment 1, which was
adopted.
If present, Rep. Mitchell would have voted "Yea" on Amendment 1 to HB
11-B.

January 22, 1991

52

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Representative Simon offered the following title amendment:
Amendment 2-On page 1, line 1, strike the entire title and insert: A
bill to be entitled An act relating to workers' compensation; amending s.
440.02, F.S., relating to definitions applicable to the Workers'
Compensation Law; deleting a reference to a repealed provision; providing
conditions and procedures under which certain sole proprietors, partners,
and officers may elect to be exempt from ch. 440, F.S.; amending s. 440.05,
F.S.; prescribing requirements for submitting a notice of election to become
exempt; requiring the Division of Workers' Compensation of the
Department of Labor and Employment Security to issue a certification of
the election to be exempt to such persons under specified circumstances;
providing registration requirements for subcontractors; providing a fee;
creating s. 440.077, F.S.; providing that such persons electing to be exempt
may not receive benefits under ch. 440, F.S.; reenacting and amending s.
440.10, F.S., relating to liability for compensation; requiring contractors
and subcontractors to provide proof of secured compensation for
employees or an exemption as a condition to obtaining building permits;
requiring contractors and subcontractors engaging in public or private
construction to secure and maintain compensation for employees under the
Workers' Compensation Law; allowing contractors to require evidence of
insurance or exemption; requiring a subcontractor to notify his contractor
of his election of exemption; authorizing contractors and third-party
payers to recover paid or payable benefits and interest thereon; reenacting
and amending s. 440.52, F.S., relating to registration of insurance carriers;
requiring insurance carriers providing insurance under ch. 440, F.S., to
notify a contractor upon cancellation or expiration of insurance; repealing
s. 20.171(5), F.S., relating to creation of the Industrial Relations
Commission; repealing s. 4, ch. 90-201, Laws of Florida, relating to
adoption of rules by the Supreme Court; repealing s. 440.4415, F.S.,
relating to the creation of the Workers' Compensation Oversight Board
and legal counsel; repealing s. 118, ch. 90-201, Laws of Florida, relating to
an appropriation for the oversight board and legal counsel; directing the
Division of Statutory Revision of the Joint Legislative Management
Committee to prepare reviser's bills to conform the Florida Statutes to the
repeal of provisions relating to the Industrial Relations Commission and
the Workers' Compensation Oversight Board and legal counsel; providing
an effective date.
Rep. Simon moved the adoption of the amendment, which was adopted
without objection.
On motion by Rep. Simon, without objection, HB 11-B, as amended, was
read the third time by title. On passage, the vote was:
Yeas-114

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark
Clemons
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch
Diaz-Balart
Feeney
Figg
Flagg

Foley
Frankel
Friedman
Garcia
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Ireland
Irvine
Jamerson
Jennings

Johnson
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Mackenzie
Mackey
Martinez
McEwan
Mims
Mishkin
Morse
Mortham
Muscarella
Ostrau
Peeples
Press
Pruitt
Rayson
Reaves
Reddick

Ritchie
Roberts
Rojas
Rudd
Rush
Sansom
Saunders
Sembler
Silver
Simon
Simone
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Viscusi
Wallace
Webster
Wise
Young

Nays-2
Huenink

Safley

Votes after roll call:
Yeas-Sanderson
So the bill passed, as amended, and was immediately certified to the
Senate after engrossment.
On motions by Rep. Johnson, the rules were waived and-

By the Committee on Rules & Calendar and Representative Johnson-
HR 3-Org.-A resolution amending the Rules of the House of
Representatives.

Be It Resolved by the House of Representatives of the State of Florida:
That the Rules of the House of Representatives adopted at the
Organization Session, November 20, 1990, are amended as follows:
(a) Rule 1.11 is amended to read:
1.11-Legislative Records
There shall be available for public inspection, whether maintained in
Tallahassee or in a district office, the papers and records developed and
received in the course of legislative business as follows:
(a) bills and amendments thereto, resolutions and amendments thereto
filed with the Clerk, committees and subcommittees;

(i) fiscal records, including the operating budget of the House, Financial
and Compliance Audits of the Legislature, accounts, vouchers, invoices
and contracts dealing with the receipt or disbursement of funds by the
House as an institution of or its acquisition, use or disposal of services,
supplies, materials, equipment or other property;
(j) quarterly reports of member intradistrict allotment expenditures;
(k) lobbyist registration and expenditure records;
(j( (1) all records which are required by these rules to be made or
retained.
In the event that a request is made to inspect papers or records which
have been determined by the custodian to not be covered under this rule,
a request may be submitted in writing to the Speaker, who shall make a
final determination as to the applicability of this rule to the papers or
records in question.
(b) Rule 3.5 is amended to read:
3.5-Attests Writs; Certifies Passage
It shall be a ministerial duty of the Clerk to The Clerk-khall attest to
all writs, a--utrizatin for payment issued by order of the House, and to
the passage of all bills.
(c) Rule 3.9 is amended to read:
3.9-Keeps Index Indices
The Clerk shall retain a numerical index of bills.
(d) Rule 6.4 is amended to read:
6.4-Number of Members; ex officio Members
All standing committees, with the exception of the Committee on House
Administration, shall consist of not less than five nor more than thirty-
three members, except that the Committees on Appropriations and
Reapportionment may have a maximum of thirty-eight members.

(e) Rule 6.42 is amended to read:
6.42-Committee Bills; Designation of Co-sponsors
A bill introduced by a committee shall be accompanied by a Committee
Information Record in the amc manner as any other bill. A committee, in
introducing reporting a committee bill, shall designate a Member or
Members as co-sponsor(s) with the approval of said Member or Members.
The bill will be shown by the Clerk of the House as having been introduced
by the committee and the Member(s) so designated. If no Member
consents to his designation as a co-sponsor, the bill shall not be delivered
to or accepted by the Clerk for introduction.

January 22, 1991

53

54

(f) Rule 7.17 is amended to read:
7.17-Filing Cut-off Dates
(a) No general bill or joint resolution originating in the House of
Representatives, except a general bill or joint resolution sponsored by a
standing committee, shall be given first reading unless filed with the Clerk
by 12:00 noon of the first day of regular session opening day ofSs ooion.
(g) Rule 13.1 is deleted:
13.1-Deleted [See Joint Rule 1.1] Theoo Required to Register
All poroono, except Members of the Florida Legislaturo, or duly
authorized memboro of the otaff doeignatod in writing by& a Member with
authority over the designated otaff member, who osok, directly or
indirectly, to encourage the pasoago, defeat or modification of any

.uch activity, register with th e Clerk of the House. "All poroono" include
State omployeoo who arc in attendance, as obsorvers or otherwise, upon
mootingo of committee of the House, except for theoo whoso attendance
as witnesses or for the purpose of providing information h-a boon requsotod
by the chairman of a committee or ....ubommittee. Every rcgitrant, in
accordance herewith, shall also bo required to state the extent of any direct
busincos association or partnership with any current Member of thc
begislature-
(h) Rule 13.2 is deleted:
13.2-Deleted [See Joint Rule 1.2] Method of Registration
"Every person retuird to rcgioter a lobb1ot by Rula 13.1 ohall r4segister
on form prepared by the Clerk of the House and hall state under oath
his name, business address, the n c ame and business address o f hio prinipal
or princ.ipals roproeontd, and th e general and specific areao of hio
legislative interest. The Clerk or a deputy in the Office of the Clerk io
Authorized to acknowle----..dge the- oath of thoo registering in p,.r.on. The
Clerk hall cauoe to be available to the public a hot of thooc filing the
registration otatemento under thio Rule, together with the information
contained ther*in, on the firot Monday of the ooooion and weekly
ther13.aft--Dele. The Clerk hall aloo retain all origi r gitratieon otatmnto
and expenditure roporto in a oeacurs otorag area. The rcgiotration ao
dcocribcd h,;rL hall, unleo -the individual formally withdraws hio
registration on formo provided by the Clerk of the Houso, bo active and
current until the last day of that legislative biennium period.
(i) Rule 13.3 is deleted:
13.3-Deleted [See Joint Rule 1.1] Registration Exception
Any poroson who merely appears before a Member or committee of the
House in hio individual capacity without compensation or rcimburoomcnt,
to exprcoo support of or opposition to any logiolation, and who hall o
declare to the Reprcontativeo or committee with whom he diocuoooo any
propoocd legislation, hall not b required to rogiotcr ao a lobbyiot.

Ci) Rule 13.5 is deleted:
13.5-Deleted [See Joint Rule 1.2] Periodic Reports Requirod
A lobbyist shall semiannually submit to the Clerk of the Houoc a oigncd
and certified statement lifting all lobbying oxpondituros and oourcco from
which fund for making ouch oxpcnditurco have come. The otatcmcnt of

expenditureo for the period from January 1 through Juno 30. The
otatomont of interim oxpondituroo hall bo filed by January 15 and ohall

Houoo and hall bo open to public inopo.tion. A otatomont ohall b. filod

even if thoro have boon no oxponditureo during a reporting period.

(k) Rule 13.6 is amended to read:
13.6-Advisory Opinions
A lobbyist, when in doubt about the applicability and interpretation of
Rule 13 or any provision in Joint Rule 1 adopted by the House and the
Senate, in a particular context, shall submit in writing the facts for an

January 22, 1991

advisory opinion to the Speaker, who shall refer the issue to a committee
designated by the Speaker to have responsibility for the ethical conduct of
lobbyists and may appear in person before said committee. This committee
shall render advisory opinions to any lobbyist who seeks advice as to
whether the facts in a particular case would constitute a violation of such
Rule by a lobbyist. Such opinion until amended or revoked shall be binding
in any subsequent complaint concerning the lobbyist who sought the
opinion and acted on it in good faith, unless material facts were omitted
or misstated in the request for advisory opinion. The committee shall make
sufficient deletions to prevent disclosing the identity of persons in the
decisions or opinions. All advisory opinions of this committee shall be
numbered, dated and published in the Journal of the House.
(1) Rule 13.8 is amended to read:
13.8-Penalties for Violations
Separately from any prosecutions or penalties otherwise provided by
law, any person determined to have violated the foregoing requirements of
this Rule or any provision in Joint Rule 1 adopted by the House and the
Senate, may be reprimanded, censured or prohibited from lobbying for all
or any part of the legislative biennium during which the violation occurred.
Said determination shall be made by a majority of the House, upon
recommendation of the committee so designated under Rule 13.6. This
committee before making said recommendation, shall conduct a hearing,
after notifying the person alleged to have violated this Rule or any
provision in Joint Rule 1 adopted by the House and Senate and granting
such person an opportunity to appear at the hearing.
-was read the first time by title. On motions by Representatives
Johnson and Lombard, the resolution was read the second time by title and
adopted.

Recessed
On motion by Rep. Johnson, the House stood in informal recess at
7:04 p.m. to reconvene upon the call of the Speaker.

Reconvened
The House was called to order by the Speaker at 7:21 p.m.
Rep. Crady suggested the absence of a quorum. A quorum of 109
Members was present.

Introduction and Reference

By the Committee on Rules & Calendar and Representative Johnson-
HCR 21-B-A concurrent resolution setting forth joint policy
governing the registration of lobbyists.
Placed in the Committee on Rules & Calendar.

Consideration of House Resolutions
On motions by Rep. Bloom, the rules were waived and-

By Representatives Bloom, Johnson, Lippman, Silver-
HR 23-B-A resolution supporting United States and allied action in
the present Persian Gulf crisis.
WHEREAS, the Florida House of Representatives is united as one in our
concern for the well-being of our armed forces in the Persian Gulf region,
and
WHEREAS, the Florida House of Representatives has the opportunity
during a rare special session to express our convictions formally, and
WHEREAS, on August 2, 1990, without provocation, Iraq invaded its
small, defenseless neighbor, Kuwait, and began a brutal military
occupation of that nation, and
WHEREAS, the United Nations gave the leader of Iraq every possible
opportunity to withdraw his invasion forces from Kuwait, and
WHEREAS, failure to act forcefully after the January 15 deadline for
Iraqi withdrawal would have appeased the Iraqi dictator, leading to a

repeat of the history of the 1930's, when the uncontested rape of Ethiopia
by Mussolini and of Czechoslovakia and Austria by Hitler led to great
bloodshed and loss of life, and

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE]

WHEREAS, the United States and the international coalition
confronting Iraq have reduced Iraq's ability to use nuclear weapons, and
WHEREAS, Iraq has viciously and barbarously violated all conventions
of civility and international law in its cynical and sadistic treatment of
prisoners of war, as it did with its earlier treatment of civilian hostages, and
WHEREAS, Iraq has attempted to perpetrate repeated, unprovoked
attacks against the civilian population of the State of Israel, a nation not
involved in the current hostilities with Iraq, and
WHEREAS, the first American missing in action in this conflict was
Lieutenant Commander Michael Speicher of the United States Navy, a
native of Florida, a graduate of Florida State University, and a resident of
Jacksonville, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That we, the members of the Florida House of Representatives:
1. Express our sympathy to the family of Lieutenant Commander
Speicher, and to all those whose loved ones have been or will be harmed
in this current war, a war to prevent a later and deadlier war;
2. Commend President Bush and his administration for courageously
leading the international response to Iraq's blatant aggression against
Kuwait;
3. Commend the United States Congress for its realization of the
gravity of the Iraqi aggression and for its courage in refusing to repeat the
mistakes of Munich;
4. Pray for the safety and welfare of American soldiers in the Persian
Gulf region and for their comrades in arms of our allies; and
5. Express our pride in our soldiers' capabilities and gratitude for their
willingness to sacrifice for world order and stable peace.
BE IT FURTHER RESOLVED that we, the members of the Florida
House of Representatives:
1. Especially commend and appreciate the exceptional restraint shown
by the Government of Israel in the face of brutal and unprovoked attacks
on its civilian population, although recognizing every nation's inherent
right to defend its citizens, and declare our solidarity with the citizens of
Israel;
2. Commend the citizens of Israel for their courage in the face of Iraqi
attacks;
3. Commend the United States Government for accelerating delivery
of appropriate defensive weapons to Israel; and
4. Call upon the people of the State of Florida to join us in prayer for
an early and just end to the present war, for a minimum loss of life, and
for a lasting peace.
-was read the first time by title and the second time by title.
On motion by Rep. Kelly, the board was opened and the following
Members were recorded as prime sponsors of the resolution, along with
Representatives Bloom, Johnson, Lippman and Silver: Representatives
Abrams, Albright, Arnall, Arnold, Ascherl, Bainter, Banjanin, Boyd,
Brennan, Bronson, Brown, Burke, Carpenter, Chestnut, Chinoy, Clark,
Clemons, Corr, Cosgrove, Crady, Davis, De Grandy, Deutsch, Diaz-Balart,
Feeney, Figg, Flagg, Foley, Frankel, Garcia, Geller, Glickman, Goode,
Gordon, Graber, Graham, Grindle, Guber, Gutman, Hafner, Hanson,
Harden, Hargrett, Harris, Hawkes, Hawkins, Healey, Hill, Hoffmann,
Holland, Holzendorf, Huenink, Ireland, Irvine, Jamerson, Jennings, C. F.
Jones, Daryl Jones, Dennis Jones, Kelly, King, Laurent, Lawson, Lewis,
Liberti, Logan, Lombard, Mackenzie, Mackey, Martinez, McEwan, Mims,
Mishkin, Morse, Mortham, Muscarella, Ostrau, Peeples, Press, Pruitt,
Rayson, Reaves, Reddick, Ritchie, Roberts, Rojas, Rudd, Rush, Safley,
Sanderson, Sansom, Saunders, Sembler, Simon, Simone, Sindler, C. Smith,
K. Smith, Stafford, Starks, Stone, Thomas, Tobiassen, Tobin, Trammell,
Valdes, Viscusi, Wallace, Webster, Wetherell, Wise and Young.
The question recurred on the adoption of the resolution, which was
adopted.

Announcements

Representative Clemons announced that Representative Mitchell was in
Bay Medical Center, in Panama City, and was reported to be doing well.

January 22,1991

I talked to Tom Gustafson last night and told him I was glad to have him
pass the torch of leadership to me. I didn't realize he was going to hand me
the flame end first. But we've had a very difficult time and I've spent a lot
of time thinking about what we needed to do. We, I think, have a task
before us that is rather unique. I guess that everybody believes the

E OF REPRESENTATIVES 55

Representative Martinez announced that Representative Carpenter was
serving in his last session as a Member of the House. The Members honored
him with a standing ovation.

REPRESENTATIVE CARPENTER IN THE CHAIR

Messages from the Senate

The Honorable T. K. Wetherell, Speaker
I am directed to inform the House of Representatives that the Senate has
passed HBs 5-B, 11-B and 15-B.
Joe Brown, Secretary

The above bills were ordered enrolled.

Speaker Wetherell's Remarks
The following remarks were made by Speaker Wetherell at the Biennial
Planning Conference held in Tallahassee on December 3, 1990, at the
Florida Center for Professional Development:
Thank you for coming today and thank you for spending some time with
us. Let me make a few very brief comments about how business will be done
in the House for the next two years.
One thing you're going to find out about this tenure is that we're going
to spend less time meeting, less time talking and more time working than
some of the previous administrations. I do need to make a few comments
about what we're doing here today and our purpose.
Before I get into any more of that, in your packets are the committee
assignments. If you're unhappy, I'll be more than happy to talk with any
of you at some time in the future. I'd like to point out though that there
were 107 people that asked to be on Appropriations, 112 that asked to be
on Reapportionment, 92 that asked to be on K-12, 81 that asked to be on
Commerce, 62 of 74 Democrats asked to be chairmen, 21 Republicans
asked to be chairmen, and there are only 28 chairmanships to hand out.
Now I fully realize how important certain assignments are to certain
people, but in the development of the administration, what we're
attempting to do is put together the best possible team of individuals with
their expertise to move this state in some direction over the next two years.
All 119 of you in the House of Representatives are extremely important
to me: Republicans, Democrats, it doesn't matter. You are important. Your
districts are important to me and your philosophies are important to me.
The ability for you to represent your constituents is important to me. But
as you put together a committee structure, you have to balance a variety
of factors. And we tried very, very hard, those of us who were responsible
for doing it, to get the right mix, the right balance, and to put the right
people in the right spots based on what we think we're going to have to
accomplish in the next two years. I would appreciate it if all of us could step
aside from our personal agendas and put the state's agenda first as we
consider these committee assignments. It's a tough process.
November was a tough month for all of us. Tough for me. I went through
the election, I went through an organizational session like you did. It was
very emotional for me. I do appreciate your support and thank you. And
we've gone through a tough special session to produce one of the most
significant ethics packages in the nation. It's time to get on with the work
and get on with the committee process. And I would ask that you please
do that, support your chairman and go on. In this process we eliminated,
I believe, 40 some odd committees and several staff positions. We reduced
the House budget by $2 million. We have put a House budget
recommendation in to the Governor next year that we have exactly the
same amount of money in the House budget next year as we have this year,
after the reduction of the $2 million. We're going to face a very, very lean
time. We have worked with the chairmen to the greatest extent possible to
appoint the subcommittees and subchairs, etc. Under this scenario, it's
very similar to what some of the senior Members have seen in the past.
Subcommittees in some instances take on a more significant role than some
committee chairmanships.

56 JOURNAL OF THE HOUSE

beginning of that two-year cycle they have is rather unique. But I think it's
time that we settle in and we begin to redefine the mission of what the
Florida House of Representatives needs to do. We need to look very
seriously at developing a professional work product based on good
government. And we need to pursue a perception that the House is here
and ready to do business.
You'll notice we started this conference on time. I intend to ask each
chairman to start your meetings on time. I'm going to try to keep my
schedule in the Speaker's Office on time. I intend to get session started on
time and, hopefully, we'll finish this session on time.
We need to manage the Florida House of Representatives in a much
more professional manner. We need to move it as a businessman moves his
agenda for a particular business. We need to understand what our goals are,
we need to pursue those goals, and we need to bring closure to those issues.
When you get right down to it, though, if you read the Florida Constitution,
the only thing that we have to do this session is pass a budget. That is the
only thing that we're obligated to do this year.
Many of you have asked--the press quite honestly has asked, "What is
your agenda?" We're not going to set that agenda today or tomorrow, but
you, each Member of this House, and those of you that are chairmen are
going to set that agenda on Wednesday and Thursday. I don't believe now
is the time in Florida to have top-down leadership. I believe you need
bottom-up leadership. We have a committee process that we spend
thousands of dollars on. We have put a considerable amount of effort into
creating balanced and knowledgeable committees. It seems to me that
these committees ought to set the agenda for the State of Florida.
We have a unique responsibility, though, during these two years, that,
in addition to producing that budget, we're in the 10-year cycle where we
will reapportion the Legislature and the Congress. As we move through the
next few months, I suggest you begin to spend some time with Mr. Wallace,
because that process will begin to pick up steam about March or April of
1991 and I would imagine that this time next year it will dominate what
you're doing. So when you look at the agenda, it's really pretty simple.
We're going to produce a budget, we're going to produce a good work
product, we're going to look at those issues that are near and dear to
Floridians-ranging from education to growth management to a
transportation system-and we're going to address the ones that we can
address. If we don't have the dollars to do them, then we'll simply have to
say, "Another day." If we don't have the time to get it done, then it'll have
to wait until the time is available.
There are a couple of things that I want to urge you to do, I want to urge
you to remember, so we don't run into a problem on the last night of the
session. I think Mr. Simon was the one who raised the issue when we talked
about moving up the session earlier in the year. What are we going to do
if we have a new governor, new speaker and the session's moved up 30
days? How are we going to get ready? How much are we going to be able
to do? How much time is it going to take? Well, I guess we're going to find
out the answers to all those questions, because they've all occurred. In
order for us to do business under these circumstances, we're going to have
to do a series of things.
First of all, December is going to be a work month. And if you think
December is a work month this year, wait until next year when session
starts about the 15th of January, and you're going full-bore a month before
the Legislature convenes, during December.
I would also ask you, in order to streamline the process, to limit the
number of bills you file to eight. I don't think you can probably get more
than eight done this time. I don't think you have the time to do them. I
don't believe the process has the time to handle them. Legally,
constitutionally, you can file all you want to file. I can't stop you. I can only
show how many you file to the press and let them print it for you, and I'm
"sure your constituents will be happy to see how important you are. We will
probably only have time to get Bill Drafting to draft the first eight you file,
but you're welcome to file all that you like.
On Wednesday, I'll meet with the chairmen and I'll ask them to look at
streamlining the committee process. Part of that process will be that by the

third week we would have completed the committee work. Mr. Crady can
explain to you the problems of getting a bill on the Special Order Calendar
when it hasn't even gotten out of committee yet. So, please, get your good
ideas to Bill Drafting so you can get a fair shot at your legislation. Don't
come into my office on the last day and complain to me about Mr. Johnson

IE

___ __ _____

that you get embarrassed when you get back home not realizing what
passed in a given bill. We will deal with the germanity issue very, very
strictly on the floor. We will try to do that in a consistent manner. I realize
that germanity is a good thing when it's not your bill; but when it's
somebody else's, it seems to take on a different perspective.

SOF REPRESENTATIVES January 22, 1991

not putting your bill on the Special Order Calendar because you haven't
gotten it out of committee.
I'm also going to ask committee chairmen to have their committee bills
out by the second week of the session. Now this isn't intended to slow down
legislation. This is an effort to speed up the process to make it more
consistent. If you go back and look at the problems we've had in the last
two years, of getting out on time, the reason we were around there at 3:00
in the morning wasn't because the appropriations bill wasn't done, but it
was because the substantive legislation we needed to get the appropriations
bill through had to be done. We must make all the systems work in order
to make the process work. So we're asking for an eight-bill limit, we're
asking the chairmen to have their agendas done by the third week,
proposed committee bills by the second week. Obviously, Appropriations
and Finance & Taxation will have to meet up towards the end to get that
process done.
I've asked Mr. Saunders to come up with a series of guidelines for
Appropriations including a serious look at a "no new projects" budget. I've
asked him to look at a public review of all projects that are proposed for
the budget. The subcommittees will work very diligently in that process
but we are facing a very, very tough situation.
SBack in October, or I guess it was September, when the budget cuts were
done originally, Senator Margolis and I drafted a letter and sent it to the
Governor and the Cabinet. They chose to ignore it. The press chose not to
print it. But the reality of everything we suggested would happen, has
happened, and we're into, I believe, by January, a major, major problem.
You will hear about that in the next few minutes. In addition to that, if
those projections come true and if we do find a 5 percent to 10 percent
budget reduction in January, you will see major problems within state
agencies. Currently state agencies are under a moratorium for travel. Many
of them are under hiring moratoriums. Accordingly, the House of
Representatives will be in the same situation. Therefore, if you don't have
prior approval before you come to Tallahassee, you better be prepared to
write a check to cover your expenses. We're going to make a very
conscientious effort to slow down the travel of the House. We will do what
we are called upon to do, we will see that the work gets done, but we will
have to be under very severe budget restraints by January, I believe.
In addition to that, since the House budget is already $2 million below
its original appropriation, it's going to take every bit of ingenuity that we
can come up with to deal with it. So, please budget your time accordingly,
use committee weeks to your benefit. Don't be planning on coming back
and forth to Tallahassee. We will probably ask that the committees and
subcommittees try to meet as often as possible in Tallahassee to reduce
travel costs. If somebody's got an issue that's burning, they can usually find
a way to get to Tallahassee easier than we can traipse all over the state of
Florida. That does create problems in terms of oversight work. I
understand that. And we will not cut out our oversight responsibilities. But
we will manage our House budget just as effectively as you have to manage
your budgets at home.
In addition to that, I have asked Representative Johnson to look at the
Rules Committee and how it has been used in the past and look at a more
traditional approach to Rules. We will remind the chairmen at the
Chairmen's Luncheon that those bills that come out of committee, that for
whatever reason get held up in Rules, will probably be sent back to Rules,
or sent from Rules back to the committee of origin and let the original
committee work it out rather than the Rules Committee. When you realize
the implications of that statement, it probably means the bill that goes
back to a committee that isn't going to meet again is going to have a very
difficult time getting out of that committee and back on the Calendar for
Special Order. So it's imperative that the chairmen and the subcommittee
chairmen put a considerable amount of effort into their original work
product as they begin to develop it during the first part of the session--if
we're going to meet with success during the latter part of the session.
Additionally, I've asked Mr. Crady to look very closely at the germanity
issue and that, as we begin to deal with that issue on the floor of the House
of Representatives, that we deal with it in a very strict manner. The
implications of that are, "No trains." We generally find that we make
mistakes when we start coupling legislation together. We generally find

JOURNAL OF THE HOUSE]

My goal is to produce a legislative session that is more precisely run than
in the past, more deliberative than in the past and one that gets out on
time. In order to do that, it takes us working hard. It takes cooperation
from the other house and, quite honestly, it takes the two legislative leaders
sitting down at the right time and making the decision to get you out on
time. The one thing that I'm convinced of: no matter how good a piece of
legislation is, if it passes at 3:00 in the morning the public doesn't believe
it's worth the piece of paper it's written on. My bedtime's about 9:30, and
come the last night, if we ain't done by then, we'll just come on back some
other time and take the embarrassment of not finishing up on time. I want
to finish the session on time, but I won't do it in an irresponsible manner,
no matter what the cost is. I would also remind you that I usually get up
about 3:30 or 4:00 in the morning, so I don't know when we'll start it.
There are two personal issues that I would like to ask you to respect, and
I think you've already begun to do that. I've spoken to, I guess, almost every
Member of this House once or twice, or three or four times, during the last
few weeks. During talks to school children one thing that comes up, almost
invariably, is: the teacher will tell you, "If my class acted as bad or was
perceived to act as bad as the Florida House of Representatives does on the
floor they'd be in study hall, detention, or something, for the rest of the
school year." The decorum on the floor during the Special Session, I think,
was probably as good as I've ever seen it. I'd like to maintain that same level
of decorum. I know there are a lot of issues that have to be discussed. I
know you need time to talk to other Members. We've gone to considerable
expense and effort to provide a Member's Lounge, a "bubble" and
everything else. Try and take your conversations somewhere else, and allow
those people on the floor to do the business they need to do. It was rather
refreshing-maybe it was just the first place I looked at it from during the
Special Session-but it was refreshing to see Members being able to sit in
their seats, listen to questions. People begin to understand what is said on
the floor. I think many of you feel much more comfortable hearing that
debate or hearing those questions when you go home. So let's try to make
a conscientious effort to maintain a higher level of decorum on the floor.
It will help, not only our image, but I think it'll help our work product.
The second issue is: each of you has asked me at one time or another, or
we have talked at one time or another, about meetings that you have in the
Speaker's Office. Many times you have issues: people from your district will
come to the Speaker's Office. I want to accommodate you to the greatest
extent possible. I have told Mrs. Coleman, my secretary, my first priority
for meetinggoes oto Members. You have first priority for any time slot,
plain and simple. But when somebody else is in the office, respect their
privacy, because someday you're going to be sitting there with one of your
constituents, and you're going to want that same privacy. The press is
always welcome to come in, any time they want. They probably don't want
to listen to some of the budget items and budget issues, but they will be
there. But, please, as you come and visit not only the Speaker's Office but
other Member's offices, respect their privacy, and respect their
constituents, or interest groups, or whoever is dealing with them. You'll
have your shot. You'll get the same respect they do. And I appreciate that.
Many of you have suggested to me that you have had some problem, not
only communicating with the Speaker, because people were coming and
going and all of that, but your people have been somewhat concerned about
the free flow of activity, if we could call it that. So, I would ask that you
would respect other Member's rights and responsibilities.
We're going to have to limit travel. We're going to have to limit some of
the expenditures. We're going to have to double up people that go to
conferences. We're going to have to take every step possible to move in that
direction. You're going to find agencies are going to be doing that. You're
saving about $60,000 in this conference, over what you paid for the last one.
A third of the Members of the Florida House of Representatives will stay
in their same offices. There will be no walls moved, no matter what
happens. You may wind up running through a few of them, but we're not
going to move them. It is extremely important, I think, for us to project an
image, and for us to carry out a policy of being efficient, and for us to carry
out a policy of doing what's right for good government.

January 22, 1991

E OF REPRESENTATIVES 57

There will be a session today on dealing with the press. They're not as
bad as they're sometimes perceived to be. I would encourage you to attend
that session. You do need to know what your responsibilities are, relative
to the new constitutional amendment. That's important, it's in the Rules.
You need to look at that and you need to understand it.
Some of you were not available, or were not in the Legislature, when we
held the Democratic Caucus about a year and a half ago. I made three
pledges at that time. I'd like to make those same three pledges to you again
today so you don't forget them. I said at that time, I would never ask a
Member of the House to vote against something that was in the best
interest of his constituents or the State of Florida. And I hope as you go
through the process this year, and the next two years, you remember that.
I will not ask you to do that. You're here to represent your constituents.
You're here to represent this state.
The second thing is: I pledge to you that if 61 of you in this room want
to go somewhere, we're going to move in that direction. The time for
partisan politics is past. We all had fun during November. Some of you are
in this room because I campaigned, or some of you campaigned for each
other. Some of you are in this room that we didn't campaign for. But the
reality of the situation is that we are here. We are a House. We are a House
united. We will not deal with partisan bickering. There are certain issues
that we will philosophically disagree on, but we will not become
disagreeable in that process. I urge you to come together as a House. There
is nothing more fun, more exciting, than to see the Florida House of
Representatives taking on a difficult issue and working that issue in
nonpartisan, fair debate on the floor or in a committee. That's the pledge
I give to you. If 61 of you want to go there, we're going to do it; unless it
takes a two-thirds vote, of course.
The final thing is: I promise you that we will play together, we will win
together, we will lose together. We are in a very difficult time now. And
times are changing, and we should recognize that. The standards by which
we played two or three years ago are not the standards by which we will
work today. And they will evolve over the next couple of years. We can
debate some of those issues if we'd like. The reality is that we must adjust
to those new standards. Anything less, we will not be effective as a House.
I urge you, beg you, plead; realize that there's a new day in Florida. Our
agenda is not large. Our budget is doable. Reapportionment will be done.
It will meet the constitutional muster. It will be fair. It will be difficult, but
it will be fair. The process will go on, but what's more important than an
individual is the process. We will do everything we can, within our power,
to lead you in a way that you can respect the process that we have in the
Florida House of Representatives.
Thank you for your efforts. Thank you for your commitment. We'll look
forward to working with everybody. Thank you very much.

Adjournment
On motion by Rep. Johnson, the House adjourned at 7:27 p.m. sine die.

Enrolling Reports
HB's 5-B, 9-B, 11-B and 15-B have been enrolled, signed by the required
constitutional officers and presented to the Governor on January 24, 1991.
John B. Phelps, Clerk

Communications
The Governor advised that he had filed in the Office of the Secretary of
State, HBs 11-B and 15-B, which he approved on January 24, 1991 and
HBs 5-B and 9-B, which approved on February 6, 1991.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

CHAMBER ACTION ON BILLS
TUESDAY, January 22, 1991

HB 5-B-Read second time; Read third time; Passed 116-0
HB 9-B-Read second time; Read third time; Passed 110-3;
Concurred; Passed as amended 112-5
HB 11-B-Read second time; Amendments adopted; Read third
time; Passed as amended 114-2
HR 13-B-Read second time; Adopted 111-0
HB 15-B-Read second time; Amendment adopted; Read third time;
Passed as amended 116-0
HR 17-B-Read second time; Adopted 115-0
HR 23-B-Read second time; Adopted
SCR 4-B-Read second time; Adopted
SB 8-B-Read second time; Amendments adopted; Read third
time; Passed as amended 117-0
[Source: Legislative Information Division]

CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1 through
58, inclusive, are and constitute a complete, true and correct journal and
record of the proceedings of the House of Representatives of the State of
Florida at a Special Session of the Seventy-fifth House since Statehood in
1845, convened under the Constitution, held on January 22, 1991.

Tallahassee, Florida
February 6, 1991

58

January 22, 1991

INDEX

to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session "B"

January 22, 1991

CONTENTS

Page
Bill Sponsors in"B" Session ................................................................. 60
M miscellaneous Subjects ..................................................................... 63
Subject Index of House and Senate Bills, Resolutions and Memorials .................................. 64
Numerical Index of Bills, Resolutions and Memorials with Subject, Sponsor and Disposition ................ 66

59

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Bills Sponsored in "B" Session

[Source: Information Division, Joint Legislative Management Committee]

ABRAMS, MICHAEL I.-101st District
Sponsored: 13-B, 15-B, 17-B, 23-B
ALBRIGHT, GEORGE-25th District
Sponsored: 1-B, 13-B, 15-B, 17-B, 23-B
ARNALL, JOSEPH-19th District
Sponsored: 13-B, 15-B, 17-B, 23-B
ARNOLD, J. KEITH-73rd District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 3-B
ASCHERL, JACK-30th District
Sponsored: 13-B, 15-B, 17-B, 23-B
BAINTER, STANLEY E.-27th District
Sponsored: 3-B, 13-B, 15-B, 17-B, 23-B
BANJANIN, TOM-3rd District
Sponsored: 13-B, 15-B, 17-B, 23-B
BLOOM, ELAINE-104th District
Sponsored: 13-B, 15-B, 17-B, 23-B
BOYD, F. ALLEN, JR.-llth District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
BRENNAN, MARY M.-57th District
Sponsored: 13-B, 15-B, 17-B, 23-B
BRONSON, IRLO, JR.-77th District
Sponsored: 13-B, 15-B, 17-B, 23-B
BROWN, CORRINE-17th District
Sponsored: 13-B, 15-B, 17-B, 23-B
BURKE, JAMES C.-107th District
Sponsored: 13-B, 15-B, 17-B, 23-B
CARPENTER, CARL, JR.-61st District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
CHESTNUT, CYNTHIA MOORE-23rd District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
CHINOY, KATHY GELLER-20th District
Sponsored: 13-B, 15-B, 17-B, 23-B
CLARK, BILL-91st District
Sponsored: 13-B, 15-B, 17-B, 23-B
CLEMONS, SCOTT W.-6th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
CORR, CHRIS-62nd District
Sponsored: 13-B, 15-B, 17-B, 23-B

COSGROVE, JOHN F.-119th District
Sponsored: 13-B, 15-B, 17-B, 23-B
CRADY, GEORGE A.-13th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
DAVIS, JAMES 0., III-64th District
Sponsored: 13-B, 15-B, 17-B, 23-B
DE GRAND, MIGUEL A.-ll0th District
Sponsored: 13-B, 15-B, 17-B, 23-B
DEUTSCH, PETER R.-90th District
Sponsored: 13-B, 15-B, 17-B, 23-B
DIAZ-BALART, MARIO-115th District
Sponsored: 13-B, 15-B, 17-B, 23-B
FEENEY, TOM-37th District
Sponsored: 13-B, 15-B, 17-B, 23-B
FIGG, MARY-60th District
Sponsored: 13-B, 15-B, 17-B, 23-B
FLAGG, DAVID-24th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
FOLEY, MARK A.-85th District
Sponsored: 13-B, 15-B, 17-B, 23-B
FRANKEL, LOIS JANE-83rd District
Sponsored: 13-B, 15-B, 17-B, 23-B
FRIEDMAN, MICHAEL-103rd District
Sponsored: 13-B, 15-B, 17-B
GARCIA, RODOLFO, JR.-lllth District
Sponsored: 13-B, 15-B, 17-B, 23-B
GELLER, STEVEN A.-98th District
Sponsored: 13-B, 15-B, 17-B, 23-B
GLICKMAN, RONALD CARL-66th District
Sponsored: 13-B, 15-B, 17-B, 19-B, 23-B
GOODE, HARRY C., JR.-33rd District
Sponsored: 13-B, 15-B, 17-B, 23-B
GORDON, ELAINE-102nd District
Sponsored: 13-B, 15-B, 17-B, 23-B
GRABER, BEN-89th District
Sponsored: 13-B, 15-B, 17-B, 23-B
GRAHAM, RICHARD S.-28th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 3-B
GRINDLE, ARTHUR E.-35th District
Sponsored: 13-B, 15-B, 17-B, 23-B

60

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

GUBER, SUSAN-117th District
Sponsored: 13-B, 15-B, 17-B, 23-B
GUTMAN, ALBERTO-105th District
Sponsored: 13-B, 15-B, 17-B, 23-B
HAFNER, LARS A.-54th District
Sponsored: 13-B, 15-B, 17-B, 23-B
HANSON, CAROL G.-87th District
Sponsored: 13-B, 15-B, 17-B, 23-B
HARDEN, ROBERT T.-5th District
Sponsored: 13-B, 15-B, 17-B, 23-B
HARGRETT, JAMES T., JR.-63rd District
Sponsored: 13-B, 15-B, 17-B, 23-B
HARRIS, BERT J., JR.-76th District
Sponsored: 5-B, 13-B, 15-B, 17-B, 23-B
HAWKES, PAUL M.-26th District
Sponsored: 13-B, 15-B, 17-B, 23-B
HAWKINS, MARY ELLEN-75th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 3-B
HEALEY, EDWARD J.-84th District
Sponsored: 13-B, 15-B, 17-B, 23-B
HILL, JAMES C., JR.-80th District
Sponsored: 13-B, 15-B, 17-B, 23-B
HOFFMANN, J. BRUCE-114th District
Sponsored: 13-B, 15-B, 17-B, 23-B
HOLLAND, J. J., JR.-67th District
Sponsored: 13-B, 15-B, 17-B, 23-B
HOLZENDORF, BETTY S.-16th District
Sponsored: 13-B, 15-B, 17-B, 23-B
HUENINK, JEFFREY C.-58th District
Sponsored: 13-B, 15-B, 17-B, 23-B
IRELAND, TIMOTHY F.-74th District
Sponsored: 13-B, 15-B, 17-B, 23-B
IRVINE, FRANCES L.-21st District
Sponsored: 13-B, 15-B, 17-B, 23-B
JAMERSON, DOUGLAS L.-55th District
Sponsored: 13-B, 15-B, 17-B, 23-B
JENNINGS, HARRY-69th District
Sponsored: 13-B, 15-B, 17-B, 23-B
JOHNSON, BOLLEY L.-4th District
Sponsored: 13-B, 15-B, 17-B, 21-B, 23-B
Co-sponsored: 11-B
JONES, C. FRED-42nd District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 3-B

JONES, DARYL L.-118th District
Sponsored: 13-B, 15-B, 17-B, 23-B

JONES, DENNIS L.-53rd District
Sponsored: 13-B, 15-B, 17-B, 23-B
KELLY, EVERETT A.-46th District
Sponsored: 13-B, 15-B, 17-B, 23-B
KING, JAMES E., JR.-18th District
Sponsored: 13-B, 15-B, 17-B, 23-B
LAURENT, JOHN-43rd District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 3-B
LAWSON, ALFRED J., JR.-9th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
LEWIS, MARIAN V.-81st District
Sponsored: 13-B, 15-B, 17-B, 23-B
LIBERTI, RAY-82nd District
Sponsored: 13-B, 15-B, 17-B, 23-B
LIPPMAN, FREDERICK-97th District
Sponsored: 13-B, 15-B, 17-B, 23-B
LOGAN, WILLIE, JR.-108th District
Sponsored: 13-B, 15-B, 17-B, 23-B
LOMBARD, JAMES M.-70th District
Sponsored: 13-B, 15-B, 17-B, 23-B
MACKENZIE, ANNE-95th District
Sponsored: 13-B, 15-B, 17-B, 23-B
MACKEY, JOSEPH R., JR.-12th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
MARTINEZ, ELVIN L.-65th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
McEWAN, BRUCE-38th District
Sponsored: 13-B, 15-B, 17-B, 23-B
MIMS, WILLIAM THOMAS-45th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 3-B
MISHKIN, PHILIP-49th District
Sponsored: 13-B, 15-B, 17-B, 23-B
MORSE, LUIS C.-113th District
Sponsored: 13-B, 15-B, 17-B, 23-B
MORTHAM, SANDRA BARRINGER-52nd District
Sponsored: 13-B, 15-B, 17-B, 23-B
MUSCARELLA, PATRICIA A.-51st District
Sponsored: 13-B, 15-B, 17-B, 23-B
OSTRAU, NORMAN-96th District
Sponsored: 13-B, 15-B, 17-B, 23-B

PEEPLES, VERNON E.-72nd District
Sponsored: 15-B, 23-B

INDEX

61

JOURNAL OF THE HOUSE OF REPRESENTATIVES

PRESS, STEVE-86th District
Sponsored: 13-B, 15-B, 17-B, 23-B
PRUITT, KENNETH P.-79th District
Sponsored: 13-B, 15-B, 17-B, 23-B
RAYSON, JOHN C.-92nd District
Sponsored: 13-B, 15-B, 17-B, 23-B
REAVES, DARRYL-106th District
Sponsored: 13-B, 15-B, 17-B, 23-B
REDDICK, ALZO J.-40th District
Sponsored: 13-B, 15-B, 17-B, 23-B
RITCHIE, BUZZ-2nd District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
ROBERTS, CHARLIE-31st District
Sponsored: 13-B, 15-B, 17-B, 23-B
ROJAS, LUIS E.-109th District
Sponsored: 13-B, 15-B, 17-B, 23-B
RUDD, HURLEY W.-lOth District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
RUSH, BRIAN P.-59th District
Sponsored: 13-B, 15-B, 17-B, 23-B
SAFLEY, R. Z.-50th District
Sponsored: 13-B, 15-B, 17-B, 23-B
SANDERSON, DEBORAH P.-93rd District
Sponsored: 13-B, 15-B, 17-B, 23-B
SANSOM, DIXIE NEWTON-32nd District
Sponsored: 13-B, 15-B, 17-B, 23-B
SAUNDERS, RON-120th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
SEMBLER, CHARLES W., II-78th District
Sponsored: 13-B, 15-B, 17-B, 23-B
SILVER, RONALD A.-100th District
Sponsored: 13-B, 15-B, 17-B, 23-B
SIMON, ART-116th District
Sponsored: 7-B, 9-B, 11-B, 13-B, 15-B, 17-B, 23-B
SIMONE, PEGGY-68th District
Sponsored: 13-B, 15-B, 17-B, 23-B

SINDLER, ROBERT B.-39th District
Sponsored: 13-B, 15-B, 17-B, 23-B
SMITH, CHARLES R.-47th District
Sponsored: 13-B, 15-B, 17-B, 23-B
SMITH, KELLEY R., JR.-22th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
STAFFORD, TRACY-94th District
Sponsored: 13-B, 15-B, 17-B, 23-B
STARKS, ROBERT J.-36th District
Sponsored: 13-B, 15-B, 17-B, 23-B
STONE, FRANK-34th District
Sponsored: 13-B, 15-B, 17-B, 23-B
THOMAS, DAVID L.-71st District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 3-B
TOBIASSEN, THOMAS J.-lst District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
TOBIN, JACK N.-88th District
Sponsored: 13-B, 15-B, 17-B, 23-B
TRAMMELL, ROBERT DEWITT-8th District
Sponsored: 13-B, 15-B, 17-B, 23-B
Co-sponsored: 11-B
VALDES, CARLOS L.-112th District
Sponsored: 13-B, 15-B, 17-B, 23-B
VISCUSI, JOE-44th District
Sponsored: 13-B, 15-B, 17-B, 23-B
WALLACE, PETER RUDY-56th District
Sponsored: 13-B, 15-B, 17-B, 23-B
WEBSTER, DANIEL-41st District
Sponsored: 13-B, 15-B, 17-B, 23-B
WETHERELL, T. K.-29th District
Sponsored: 13-B, 15-B, 17-B, 23-B
WISE, STEPHEN R.-14th District
Sponsored: 13-B, 15-B, 17-B, 23-B
YOUNG, WALTER C.-99th District
Sponsored: 13-B, 15-B, 17-B, 23-B

COMMERCE

Committee Bills: 7-B, 9-B, 11-B

RULES & CALENDAR

Committee Bills: 21-B

62

INDEX

INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES 63

Miscellaneous Subjects

Subject Pages Subject Pages

EXCUSED ABSENCES ........................... .... ........... ............... PRAYER
Moment of silence for Operation Desert Storm participants...............3
Session........................................................................................................ 2
MEMBERS PROCLAMATION, JOINT................................................................. 1, 2
Carpenter, Carl, Jr.; resignation....................................................... 3, 55 RULES
H R 3-O rg .................................................... .................................... 53-54
Geller, Steven A.; oath of office ................................................................ 3
SPEAKER
Mitchell, Sam; report on hospitalization ...........................................55 Remarks to the Biennial Planning Conference .............................. 55-57

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Subject Index of House and Senate

Bills, Resolutions, and Memorials

[Source: Information Division, Joint Legislative Management Committee]

This index embraces all measures introduced in both the House and Senate. The house of origin is identified by
the letter preceding each bill: H-House, S-Senate. Senate bills shown in this index include those never received by
the House and their inclusion here is only for the convenience of the user interested in all the legislation introduced
in the Legislature on a particular subject.
(Boldfaced bill numbers passed both houses. Chapter number added if entry remains in final version of bill. Some
entries shown may have been deleted from final version.)

-A-

APPROPRIATIONS
Citrus Canker Compensation Trust Fund; amount increased to pay
for destroyed citrus plants, S2-B, H5-B(91-4)
General Appropriations Bill 1990
Public education capital outlay (PECO); eliminating provision re
matching funds for vocational-technical facilities, H3-B
Insurance Department
Workers' Compensation Bureau of Insurance Fraud, S8-B(91-1)
Workers' compensation medical care pilot projects, S8-B(91-1)
Joint Legislative Management Committee
Workers' compensation administration, appropriations; repealed,
H11-B(91-2)
Workers' compensation administration, implementation money re-
duced, S8-B
Workers' Compensation Oversight Board deleted, S8-B
Labor and Employment Security Department
Safety, Division of, S8-B
Professional Regulation Department
Workers' compensation-related duties, S8-B(91-1)

-B-

BOATS AND BOATING
Driving Under Influence
Breath alcohol level 0.10 percent or above, operation of vessels un-
lawful, H19-B
Forfeiture of vessel; circumstances, H19-B

-C-

CITRUS
Canker
Claims; claimants required to sign unqualified release for compen-
sation and reimbursement for plants destroyed, S2-B,
H5-B(91-4)
Excise taxes, percentage of proceeds transferred to trust funds re-
vised, S2-B, H5-B(91-4)

-D-

DRIVING UNDER INFLUENCE
Breath, Blood, or Urine Tests
Blood test; certain persons authorized to draw blood, H19-B
Breath alcohol level 0.10 percent or above, operation of vehicles un-
lawful, H19-B
Evidence; admissibility, H19-B
Implied consent; driver involved in motor vehicle accident; deleting
restriction, H19-B
Standards for unlawful alcohol levels; conversion ratio, H19-B
Forfeiture of vehicle or vessel; circumstances, H19-B
Normal faculties, providing definition, H19-B
Penalties
Fine, not to exceed $1,000; fourth or subsequent violation, H19-B
Forfeiture of vehicle or vessel; circumstances, H19-B

EDUCATION
Public Education Capital Outlay (PECO)
Vocational-technical facilities; eliminating requirement re 25 per-
cent matching funds, H3-B

EVIDENCE
Admissibility
Accident reporting, statements made by persons involved in acci-
dents; expands authority of law enforcement officer, H19-B
Alcohol content; affidavit containing results of any test re blood or
breath, H19-B
Hearsay Exceptions
Alcohol content; affidavit containing results of any test re blood or
breath, H19-B

-F-

FOREIGN
Comprehensive Economic Development Act of 1990 (ch. 90-201); re-
enactment of provisions re international affairs, S10-B,
H9-B(91-5)
International Affairs Law Revision of 1990 (ch. 90-201); reenactment,
S10-B, H9-B(91-5)

FORFEITURES
Motor Vehicles
Driving Under Influence
Circumstances, H19-B
Vessels
Driving under influence; circumstances, H19-B

-G-

GOVERNOR
Reports
Insurance Department
Workers' compensation pilot programs, results, S8-B(91-1)
Workers' Compensation Division
Risk management claims report, S8-B(91-1)
Workers' Compensation, Joint Select Committee
Workers' Compensation Law implementation, research and cost
study, S8-B

-I-

INSURANCE
Workers' Compensation See: WORKERS' COMPENSATION

-L-

LABOR AND EMPLOYMENT SECURITY, DEPARTMENT OF
Industrial Relations Commission
Abolishment, S8-B, H11-B(91-2)
Members; nomination, S8-B(91-1), H11-B
Safety Division, created and funded, S8-B(91-1)

LAKE COUNTY
Public education capital outlay (PECO); eliminating provision re
matching funds for vocational-technical facilities, H3-B

64

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

LEAVE
Military Leave
Public officers and employees, reservists called to active service;
supplemental pay and benefits, S6-B, H15-B(91-3)

LEE COUNTY
Public education capital outlay (PECO); eliminating provision re
matching funds for vocational-technical facilities, H3-B

LEGISLATIVE REVIEW
Sunset Bills
Workers' compensation, regulation, S8-B

LEGISLATURE
Joint Legislative Management Committee
Statutory Revision Division, reviser's bill re Industrial Relations
Commission, H11-B(91-2)
Workers' compensation administration, appropriations; repealed,
H11-B(91-2)
Workers' Compensation Oversight Board, abolished, S8-B,
H11-B(91-2)
Reports
Insurance Department
Workers' compensation pilot programs, results, S8-B(91-1)
Workers' Compensation Division
Risk management claims report, S8-B(91-1)
Workers' Compensation, Joint Select Committee
Workers' Compensation Law implementation, research and cost
study, S8-B
Workers' Compensation Oversight Board; abolished, H11-B(91-2)

LOBBYISTS
Registration
Joint House and Senate policy governing registration, S4-B, H21-B

-M-

MILITARY PERSONNEL (ARMED FORCES)
Public officers and employees, reservists called to active service; sup-
plemental pay and benefits, S6-B, H15-B(91-3)

-0-

OSCEOLA COUNTY
Public education capital outlay (PECO); eliminating provision re
matching funds for vocational-technical facilities, H3-B

-P-

POLK COUNTY
Public education capital outlay (PECO); eliminating provision re
matching funds for vocational-technical facilities, H3-B

POPULAR NAMES
Comprehensive Economic Development Act of 1990, S10-B, H7-B,
H9-B(91-5)
Forfeiture of Vehicle or Vessel, H19-B
International Affairs Law Revision of 1990 (ch. 90-201), S10-B,
H9-B(91-5)
Workers' Compensation Law Revision of 1990 (ch. 90-201),
S8-B(91-1), H7-B

RESOLUTIONS
Concurrent Resolutions
Lobbyists, registration, S4-B, H21-B
Israel; recognition, S14-B
Persian Gulf crisis; support of Allied Forces, H13-B, H17-B, H23-B
Polk, Sheriff John E.; commendation, S12-B

RETIREMENT
Military service credits; member makes required employee contribu-
tion and employer makes required employer contribution, S6-B,
H15-B(91-3)

-V-

VOLUSIA COUNTY
Public education capital outlay (PECO); eliminating provision re
matching funds for vocational-technical facilities, H3-B

_W-

WORKERS' COMPENSATION
Carrier or self-insurance fund, cancellation or expiration of policy;
notice to contractor, S8-B(91-1), H11-B(91-2)
Comprehensive Economic Development Act of 1990 (ch. 90-201); re-
enactment of provisions re workers' compensation, H7-B
Construction Industry
Certain persons, exclusion, S8-B(91-1), H1-B, H11-B(91-2)
Drug-free workplace; testing procedures, S8-B(91-1)
Law rejection, benefits prohibited, S8-B(91-1), H11-B(91-2)
Partners or sole proprietors, exclusion; written notice; sworn nota-
rized form, filing, S8-B(91-1), H11-B(91-2)
Subcontractors; proof of insurance or certificate of election re-
quired, S8-B(91-1), H11-B(91-2)
Three members of corporation allowed exclusion; circumstances,
S8-B(91-1), H11-B(91-2)
Workplace safety, rule adoption, S8-B(91-1)
Disability, commencement; weekly benefits, S8-B(91-1)
Exemptions; conditions and procedures under which certain sole pro-
prietors, partners, and officers may elect to be exempt,
S8-B(91-1), H11-B(91-2)
Industrial Relations Commission See: LABOR AND EMPLOY-
MENT SECURITY, DEPARTMENT OF
Joint Select Committee on Workers' Compensation; monitor law im-
plementation, research alternative systems, insurance cost studies,
S8-B(91-1)
Judges of Compensation Claims
Appellate review of orders; First District Court of Appeal in lieu of
Industrial Relations Commission, S8-B
Law Revision of 1990 (ch. 90-201); reenactment, S8-B(91-1), H7-B,
H11-B(91-2)
Medical and remedial care, pilot programs, S8-B(91-1)
Minimum premium policy for specified persons exempt from cover-
age, requirements, H1-B
Partners, two actively engaged in construction industry; coverage ex-
emption; name and title identification necessary, Hl-B
Recovery, limitation re excluded persons for job-related personal in-
juries, H1-B
Sole proprietor, partner or corporate officer engaged in construction
industry; coverage exemption criteria, S8-B(91-1), H1-B,
H11-B(91-2)
Subcontractors; contractor may require subcontractor to provide evi-
dence of insurance or copy of certificate of election, S8-B(91-1)
Third-party payor or contractor liability; benefit collection, proce-
dures, S8-B(91-1), H11-B(91-2)
Workers' Compensation Oversight Board; abolished, S8-B,
H11-B(91-2)

65

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Bills, Resolutions and Memorials
by Number, Subject, Sponsor and Disposition

To obtain the number of a bill, see the subject matter index preceding this index.

Page numbers in boldfaced print indicate location of roll call votes on disposition.

Abbreviations:
CH-Chapter number, as passed
CSP-Companion or similar bill passed
DCH-Died on House Calendar
DHC-Died in House committee (no action by committee)
HB-House Bill

HCR-House Concurrent Resolution
HR-House Resolution
ID-Introduction deferred
SB-Senate Bill
SCR-Senate Concurrent Resolution

HB
1-B Workers' Compensation (Albright) 3 DHC/CSP-HB 11-B
3-B PECO Appropriations (Bainter) 3 ID
5-B Citrus Canker/Claims (Harris) 4, 55, 57 CH 91-4
7-B Workers' Compensation (Commerce) 3-4 DCH/CSP-SB
8-B
9-B International Affairs (Commerce) 4-5, 47-48, 57 CH 91-5
11-B Workers' Compensation (Commerce) 4, 48-53, 55, 57
CH 91-2
HR
13-B Allied Forces/Persian Gulf Crisis (Albright) 6 Adopted
HB
15-B Military Service/Supplemental Pay (Lippman) 5-6, 55, 57
CH 91-3

HR
17-B Florida Troops/Middle East (Bronson) 6-7 Adopted
HB
19-B Motor Vehicles & Vessels/DUI (Glickman) 3 ID
HCR
21-B Lobbyists/Registration (Rules & Calendar) 54
ID/CSP-SCR 4-B
HR
23-B Persian Gulf Crisis/Support (Bloom) 53-55 Adopted
SCR
4-B Lobbyists/Registration (Girardeau) 48 Adopted
SB
8-B Workers' Compensation (Commerce) 7-47 CH 91-1

INDEX

66

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