Bill > S1426

Introduced Session

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.

Nick DiCeglie (R)*, 

Indefinitely postponed and withdrawn from consideration (on 05/03/2025)

Official Document