summary
Introduced
02/25/2025
02/25/2025
In Committee
03/05/2025
03/05/2025
Crossed Over
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
An act relating to occupational injury benefit plans; amending s. 440.02, F.S.; revising the definition of the term "employee"; defining the term "qualified compensation alternative employer"; amending s. 440.03, F.S.; providing an exception to the application of certain provisions of ch. 440, F.S.; amending s. 440.06, F.S.; specifying how an employer may elect to secure the payment of compensation; authorizing an employee of a qualified compensation alternative employer to bring a certain cause of action; specifying that the employee must prove negligence in such action; authorizing the qualified compensation alternative employer to use certain defenses in such action; prohibiting certain employers, in specified suits, from defending the suit on certain grounds; providing that a qualified compensation alternative employer is entitled to an offset to occupational injury benefits paid to and on behalf of employees under certain circumstances; providing construction; creating s. 440.065, F.S.; requiring qualified compensation arrangement employers to adopt a written occupational injury benefit plan; specifying the requirements of such plan; requiring a qualified compensation arrangement employer to grant eligibility for benefits under certain circumstances; prohibiting a qualified compensation arrangement employer from charging a fee, premium, or other similar cost to the covered employee for the occupational injury benefit plan; authorizing the qualified compensation arrangement employer to select or authorize medical providers who provide treatment to covered employees under such plan; providing that the qualified compensation arrangement employer is not required to cover, and is not liable in a negligence lawsuit for, certain injuries, diseases, or conditions; creating s. 440.066, F.S.; requiring a qualified compensation arrangement employer to demonstrate financial responsibility; authorizing the qualified compensation arrangement employer to self- fund or insure the benefits and liabilities under its occupational injury benefit plan; specifying the insurance requirements and coverage limits required for such insurance; specifying requirements related to the security held; creating s. 440.067, F.S.; providing that all benefit payments by a qualified compensation arrangement employer are made pursuant to workers' compensation law; providing that such law is incorporated in the act by reference; creating s. 440.068, F.S.; requiring a qualified compensation arrangement employer to obtain approval from the insurance carrier for administration of claims; authorizing a qualified compensation arrangement employer to self-administer or use a third party to administer claims, provided that certain requirements are met; amending ss. 440.14 and 440.385, F.S.; conforming cross-references; providing an effective date.
AI Summary
This bill establishes a new framework for Qualified Compensation Alternative Employers (QCARE employers), which provides an alternative approach to traditional workers' compensation. The bill allows employers to create their own occupational injury benefit plans with specific requirements, including providing medical expense coverage up to $300,000 per employee, lost wage compensation of 75% of average weekly wages for up to 156 weeks, and death benefits of at least $150,000. QCARE employers must adopt a written plan that defines key terms like "accident" and "occupational disease" and cannot charge employees for coverage. Employees of QCARE employers can bring negligence lawsuits against their employers, but must prove negligence, and the employer can use standard legal defenses. The bill requires QCARE employers to demonstrate financial responsibility by obtaining insurance with a minimum $1 million per occurrence limit and meeting specific net worth requirements. The legislation also specifies that benefit payments will be treated as workers' compensation for tax purposes and must be administered according to certain federal regulations. This new approach offers employers an alternative to traditional workers' compensation while providing defined benefits and protections for employees.
Committee Categories
Business and Industry
Sponsors (1)
Last Action
Indefinitely postponed and withdrawn from consideration (on 05/03/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2025/1069 |
| BillText | https://www.flsenate.gov/Session/Bill/2025/1069/BillText/Filed/PDF |
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