Florida 2025 Regular Session

Florida House Bill H1069 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1069 2025
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to occupational injury benefit plans; 2
16	16	amending s. 440.02, F.S.; revising the definition of 3
17	17	the term "employee"; defining the term "qualified 4
18	18	compensation alternative employer"; amending s. 5
19	19	440.03, F.S.; providing an exception to the 6
20	20	application of certain provisions of ch. 440, F.S.; 7
21	21	amending s. 440.06, F.S.; specifying how an employer 8
22	22	may elect to secure the payment of compensation; 9
23	23	authorizing an employee of a qualified compensation 10
24	24	alternative employer to bring a certain cause of 11
25	25	action; specifying that the employee must prove 12
26	26	negligence in such action; authorizing the qualified 13
27	27	compensation alternative employer to use certain 14
28	28	defenses in such action; prohibiting certain 15
29	29	employers, in specified suits, from defending the suit 16
30	30	on certain grounds; providing that a qualified 17
31	31	compensation alternative employer is entitled to an 18
32	32	offset to occupational injury benefits paid to and on 19
33	33	behalf of employees under certain circumstances; 20
34	34	providing construction; creating s. 440.065, F.S.; 21
35	35	requiring qualified compensation arrangement employers 22
36	36	to adopt a written occupational injury benefit plan; 23
37	37	specifying the requirements of such plan; requiring a 24
38	38	qualified compensation arrangement employer to grant 25
39	39
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	eligibility for benefits under certain circumstances; 26
52	52	prohibiting a qualified compensation arrangement 27
53	53	employer from charging a fee, premium, or other 28
54	54	similar cost to the covered employee for the 29
55	55	occupational injury benefit plan; authorizing the 30
56	56	qualified compensation arrangement employer to select 31
57	57	or authorize medical providers who provide treatment 32
58	58	to covered employees under such plan; providing that 33
59	59	the qualified compensation arrangement employer is not 34
60	60	required to cover, and is not liable in a negligence 35
61	61	lawsuit for, certain injuries, diseases, or 36
62	62	conditions; creating s. 440.066, F.S.; requiring a 37
63	63	qualified compensation arrangement employer to 38
64	64	demonstrate financial responsibility; authorizing the 39
65	65	qualified compensation arrangement employer to self -40
66	66	fund or insure the benefits and liabilities under its 41
67	67	occupational injury benefit plan; specifying the 42
68	68	insurance requirements and coverage limits required 43
69	69	for such insurance; specifying requirements related to 44
70	70	the security held; creating s. 440.067, F.S.; 45
71	71	providing that all benefit payments by a qualified 46
72	72	compensation arrangement employer are made pursuant to 47
73	73	workers' compensation law; providing that such law is 48
74	74	incorporated in the act by reference; creating s. 49
75	75	440.068, F.S.; requiring a qualified compensation 50
76	76
77	77	HB 1069 2025
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	arrangement employer to obtain approval from the 51
89	89	insurance carrier for administration of claims; 52
90	90	authorizing a qualified compensation arrangement 53
91	91	employer to self-administer or use a third party to 54
92	92	administer claims, provided that certain requirements 55
93	93	are met; amending ss. 440.14 and 440.385, F.S.; 56
94	94	conforming cross-references; providing an effective 57
95	95	date. 58
96	96	59
97	97	Be It Enacted by the Legislature of the State of Florida: 60
98	98	61
99	99	Section 1. Subsections (33) through (41) of section 62
100	100	440.02, Florida Statutes, are renumbered as subsections (34) 63
101	101	through (42), respectively, a new subsection (33) is added to 64
102	102	that section, and paragraph (d) of subsection (18) of that 65
103	103	section is amended, to read: 66
104	104	440.02 Definitions. —When used in this chapter, unless the 67
105	105	context clearly requires otherwise, the following terms shall 68
106	106	have the following meanings: 69
107	107	(18) 70
108	108	(d) "Employee" does not include: 71
109	109	1. An independent contractor who is not engaged in the 72
110	110	construction industry. 73
111	111	a. In order to meet the definition of independent 74
112	112	contractor, at least four of the following criteria must be met: 75
113	113
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
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125	125	(I) The independent contractor maintains a separate 76
126	126	business with his or her own work facility, truck, equipment, 77
127	127	materials, or similar accommodations; 78
128	128	(II) The independent contractor holds or has applied for a 79
129	129	federal employer identification number, unless the independent 80
130	130	contractor is a sole proprietor who is not required to obtain a 81
131	131	federal employer identification number under state or federal 82
132	132	regulations; 83
133	133	(III) The independent contractor receives compensation for 84
134	134	services rendered or work performed and such compensation is 85
135	135	paid to a business rather than to an individual; 86
136	136	(IV) The independent contractor holds one or more bank 87
137	137	accounts in the name of the business entity for purposes of 88
138	138	paying business expenses or other expenses related to services 89
139	139	rendered or work performed for compensation; 90
140	140	(V) The independent contractor performs work or is able to 91
141	141	perform work for any entity in addition to or besides the 92
142	142	employer at his or her own election without the necessity of 93
143	143	completing an employment application or process; or 94
144	144	(VI) The independent contractor receives compensation for 95
145	145	work or services rendered on a competitive -bid basis or 96
146	146	completion of a task or a set of tasks as defined by a 97
147	147	contractual agreement, unless such contractual agreement 98
148	148	expressly states that an employment relationship exists. 99
149	149	b. If four of the criteria listed in sub -subparagraph a. 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	do not exist, an individual may still be presumed to be an 101
163	163	independent contractor and not an employee based on full 102
164	164	consideration of the nature of the individual situation with 103
165	165	regard to satisfying any of the following conditions: 104
166	166	(I) The independent contractor performs or agrees to 105
167	167	perform specific services or work for a specific amount of money 106
168	168	and controls the means of performing the services or wor k. 107
169	169	(II) The independent contractor incurs the principal 108
170	170	expenses related to the service or work that he or she performs 109
171	171	or agrees to perform. 110
172	172	(III) The independent contractor is responsible for the 111
173	173	satisfactory completion of the work or services that h e or she 112
174	174	performs or agrees to perform. 113
175	175	(IV) The independent contractor receives compensation for 114
176	176	work or services performed for a commission or on a per -job 115
177	177	basis and not on any other basis. 116
178	178	(V) The independent contractor may realize a profit or 117
179	179	suffer a loss in connection with performing work or services. 118
180	180	(VI) The independent contractor has continuing or 119
181	181	recurring business liabilities or obligations. 120
182	182	(VII) The success or failure of the independent 121
183	183	contractor's business depends on the relationship of business 122
184	184	receipts to expenditures. 123
185	185	c. Notwithstanding anything to the contrary in this 124
186	186	subparagraph, an individual claiming to be an independent 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
198	198
199	199	contractor has the burden of proving that he or she is an 126
200	200	independent contractor for purposes of this chap ter. 127
201	201	2. A real estate licensee, if that person agrees, in 128
202	202	writing, to perform for remuneration solely by way of 129
203	203	commission. 130
204	204	3. Bands, orchestras, and musical and theatrical 131
205	205	performers, including disk jockeys, performing in licensed 132
206	206	premises as defined in chapter 562, if a written contract 133
207	207	evidencing an independent contractor relationship is entered 134
208	208	into before the commencement of such entertainment. 135
209	209	4. An owner-operator of a motor vehicle who transports 136
210	210	property under a written contract with a motor c arrier which 137
211	211	evidences a relationship by which the owner -operator assumes the 138
212	212	responsibility of an employer for the performance of the 139
213	213	contract, if the owner -operator is required to furnish motor 140
214	214	vehicle equipment as identified in the written contract and the 141
215	215	principal costs incidental to the performance of the contract, 142
216	216	including, but not limited to, fuel and repairs, provided a 143
217	217	motor carrier's advance of costs to the owner -operator when a 144
218	218	written contract evidences the owner -operator's obligation to 145
219	219	reimburse such advance shall be treated as the owner -operator 146
220	220	furnishing such cost and the owner -operator is not paid by the 147
221	221	hour or on some other time -measured basis. 148
222	222	5. A person whose employment is both casual and not in the 149
223	223	course of the trade, business, p rofession, or occupation of the 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233	233
234	234
235	235
236	236	employer. 151
237	237	6. A volunteer, except a volunteer worker for the state or 152
238	238	a county, municipality, or other governmental entity. A person 153
239	239	who does not receive monetary remuneration for services is 154
240	240	presumed to be a volunteer unle ss there is substantial evidence 155
241	241	that a valuable consideration was intended by both employer and 156
242	242	employee. For purposes of this chapter, the term "volunteer" 157
243	243	includes, but is not limited to: 158
244	244	a. Persons who serve in private nonprofit agencies and who 159
245	245	receive no compensation other than expenses in an amount less 160
246	246	than or equivalent to the standard mileage and per diem expenses 161
247	247	provided to salaried employees in the same agency or, if such 162
248	248	agency does not have salaried employees who receive mileage and 163
249	249	per diem, then such volunteers who receive no compensation other 164
250	250	than expenses in an amount less than or equivalent to the 165
251	251	customary mileage and per diem paid to salaried workers in the 166
252	252	community as determined by the department; and 167
253	253	b. Volunteers participating in federal programs 168
254	254	established under Pub. L. No. 93 -113. 169
255	255	7. Unless otherwise prohibited by this chapter, any 170
256	256	officer of a corporation who elects to be exempt from this 171
257	257	chapter. Such officer is not an employee for any reason under 172
258	258	this chapter until the notice of revocation of election filed 173
259	259	pursuant to s. 440.05 is effective. 174
260	260	8. An officer of a corporation that is engaged in the 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	construction industry who elects to be exempt from the 176
274	274	provisions of this chapter, as otherwise permitted by this 177
275	275	chapter. Such officer is not an employee for any reason until 178
276	276	the notice of revocation of election filed pursuant to s. 440.05 179
277	277	is effective. 180
278	278	9. An exercise rider who does not work for a single horse 181
279	279	farm or breeder, and who is compensated for riding on a case -by-182
280	280	case basis, provided a written contract is entered into before 183
281	281	prior to the commencement of such activity which evidences that 184
282	282	an employee/employer relationship does not exist. 185
283	283	10. A taxicab, limousine, or other passenger vehicle -for-186
284	284	hire driver who operat es such said vehicles pursuant to a 187
285	285	written agreement with a company which provides any dispatch, 188
286	286	marketing, insurance, communications, or other services under 189
287	287	which the driver and any fees or charges paid by the driver to 190
288	288	the company for such services are not conditioned upon, or 191
289	289	expressed as a proportion of, fare revenues. 192
290	290	11. A person who performs services as a sports official 193
291	291	for an entity sponsoring an interscholastic sports event or for 194
292	292	a public entity or private, nonprofit organization that sponsor s 195
293	293	an amateur sports event. For purposes of this subparagraph, such 196
294	294	a person is an independent contractor. For purposes of this 197
295	295	subparagraph, the term "sports official" means any person who is 198
296	296	a neutral participant in a sports event, including, but not 199
297	297	limited to, umpires, referees, judges, linespersons, 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308	308
309	309
310	310	scorekeepers, or timekeepers. This subparagraph does not apply 201
311	311	to any person employed by a district school board who serves as 202
312	312	a sports official as required by the employing school board or 203
313	313	who serves as a sports official as part of his or her 204
314	314	responsibilities during normal school hours. 205
315	315	12. Medicaid-enrolled clients under chapter 393 who are 206
316	316	excluded from the definition of employment under s. 207
317	317	443.1216(4)(d) and served by Adult Day Training Services under 208
318	318	the Home and Community -Based or the Family and Supported Living 209
319	319	Medicaid Waiver program in a sheltered workshop setting licensed 210
320	320	by the United States Department of Labor for the purpose of 211
321	321	training and earning less than the federal hourly minimum wage. 212
322	322	13. Medicaid-enrolled clients under chapter 393 who are 213
323	323	excluded from the definition of employment under s. 214
324	324	443.1216(4)(d) and served by Adult Day Training Services under 215
325	325	the Family and Supported Living Medicaid Waiver program in a 216
326	326	sheltered workshop setting licensed by the United States 217
327	327	Department of Labor for the purpose of training and earning less 218
328	328	than the federal hourly minimum wage. 219
329	329	14. A person employed by a qualified compensation 220
330	330	alternative employer. 221
331	331	(33) "Qualified compensation alternative emplo yer" or 222
332	332	"QCARE employer" means any employer who elects coverage for its 223
333	333	employees under s. 440.06. 224
334	334	Section 2. Section 440.03, Florida Statutes, is amended to 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345	345
346	346
347	347	read: 226
348	348	440.03 Application. —Every employer and employee as defined 227
349	349	in s. 440.02 is shall be bound by the provisions of this 228
350	350	chapter, except for a qualified compensation alternative 229
351	351	employer. A QCARE employer is bound by only those provisions of 230
352	352	this chapter specifically referenced . 231
353	353	Section 3. Section 440.06, Florida Statutes, is amended to 232
354	354	read: 233
355	355	440.06 Election Failure to secure compensation; effect. — 234
356	356	(1) An employer may elect to secure the payment of 235
357	357	compensation, as provided in s. 440.10, or elect to be a 236
358	358	qualified compensation alternative employer by complying with s. 237
359	359	440.065. 238
360	360	(2) An employee of a QCARE employer may bring a cause of 239
361	361	action against the QCARE employer for negligence in causing an 240
362	362	injury; however, there may be no QCARE employer negligence for 241
363	363	an ordinary disease of life to which the general public is 242
364	364	exposed. In the cause of action, the employee must prove the 243
365	365	QCARE employer negligent. The QCARE employer may use any defense 244
366	366	available to an alleged tortfeasor under general law. 245
367	367	(3) An Every employer who fails to secure the payment of 246
368	368	compensation, as provided in s. 440.10 , by failing to meet the 247
369	369	requirements of s. 440.38 or who fails to secure the payment of 248
370	370	compensation by failing to comply with s. 440.065 may not, in 249
371	371	any suit brought against him or her by an employee subject to 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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382	382
383	383
384	384	this chapter to recover damages for injury or death, defend such 251
385	385	a suit on the grounds that the injury was caused by the 252
386	386	negligence of a fellow employee servant, that the employee 253
387	387	assumed the risk of his or her employment, or that the injury 254
388	388	was due to the comparative negligence of the employee. 255
389	389	(4) A QCARE employer is entitled to an offset for the 256
390	390	benefits paid to or on behalf of an employee, under an 257
391	391	occupational injury benefit plan that meets the requirements of 258
392	392	s. 440.065, against any alleged negligence liability of the 259
393	393	QCARE employer, its off icers, directors, or agents with respect 260
394	394	to an injury involving such employee. Benefit payments made 261
395	395	under such occupational injury benefit plan shall be considered 262
396	396	made by the QCARE employer and may not be considered payment 263
397	397	from a collateral source, as t he term "collateral source" may be 264
398	398	defined under any applicable rule, statute, judicial decision, 265
399	399	or directive. 266
400	400	Section 4. Section 440.065, Florida Statutes, is created 267
401	401	to read: 268
402	402	440.065 Requirements of a qualified compensation 269
403	403	alternative employer. — 270
404	404	(1) A QCARE employer shall adopt a written occupational 271
405	405	injury benefit plan that provides defined occupational injury 272
406	406	benefits for covered employees on a no -fault basis. Such plan 273
407	407	may exclude willful or intentional acts to injure oneself or 274
408	408	another. Except for the definitions of the terms provided in 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	subsection (2), the plan must include all the definitions of 276
422	422	other terms provided in s. 440.02, but only to the extent that 277
423	423	such terms are relevant to the benefits required in this 278
424	424	section. 279
425	425	(2) The occupational injury benefit plan must define all 280
426	426	of the following terms as indicated: 281
427	427	(a) "Accident" means an unexpected or unusual event or 282
428	428	result that happens suddenly. If a preexisting condition is 283
429	429	accelerated or aggravated by an accident arising out of and i n 284
430	430	the course of employment, only acceleration or aggravation of 285
431	431	the preexisting condition reasonably attributable to the 286
432	432	accident is compensable. 287
433	433	(b) "Arising out of" means occupational causation. An 288
434	434	accidental injury or death arises out of employment if work 289
435	435	performed in the course and scope of employment is the major 290
436	436	contributing cause of the injury or death. 291
437	437	(c) "Occupational disease" means a disease that is due to 292
438	438	causes and conditions that are characteristic of and peculiar to 293
439	439	a particular trade, o ccupation, process, or employment. The term 294
440	440	does not include ordinary diseases of life to which the general 295
441	441	public is exposed. 296
442	442	(d) "Wages" means the money rate at which the service 297
443	443	rendered is recompensed under the contract of hiring in force at 298
444	444	the time of the injury and includes only the wages earned and 299
445	445	reported for federal income tax purposes on the job where the 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	employee is injured and any other concurrent employment where he 301
459	459	or she is also subject to occupational injury coverage and 302
460	460	benefits, together with the reasonable value of housing 303
461	461	furnished to the employee by the QCARE employer which is the 304
462	462	permanent year-round residence of the employee, and gratuities 305
463	463	to the extent reported to the QCARE employer in writing as 306
464	464	taxable income received in the co urse of employment from others 307
465	465	than the QCARE employer and QCARE employer contributions for 308
466	466	health insurance for the employee or the employee's dependents. 309
467	467	However, housing furnished to migrant workers shall be included 310
468	468	in wages unless provided after the t ime of injury. In employment 311
469	469	in which an employee receives consideration for housing, the 312
470	470	reasonable value of such housing compensation shall be the 313
471	471	actual cost to the employer or based upon the Fair Market Rent 314
472	472	Survey promulgated pursuant to s. 8 of the H ousing and Urban 315
473	473	Development Act of 1974, whichever is less. However, if the 316
474	474	QCARE employer contributions for housing or health insurance are 317
475	475	continued after the time of the injury, the contributions are 318
476	476	not "wages" for the purpose of calculating an employ ee's average 319
477	477	weekly wages. 320
478	478	(3) The occupational injury benefit plan must provide 321
479	479	medical expense coverage for at least 156 weeks per covered 322
480	480	employee, up to at least $300,000 per covered employee. 323
481	481	(4) The occupational injury benefit plan must provide l ost 324
482	482	wage compensation, beginning no later than the 4th full day of 325
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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493	493
494	494
495	495	disability, of at least 75 percent of the average weekly wages 326
496	496	of the employee, for at least 156 weeks from the date of 327
497	497	disability. 328
498	498	(5) The occupational injury benefit plan must provide 329
499	499	death benefits for a covered employee's death arising out of 330
500	500	employment in an amount not less than $150,000, payable in no 331
501	501	more than 60 equal monthly installments. The plan must also pay 332
502	502	funeral expenses up to at least $10,000. 333
503	503	(6) A QCARE employer must provide benefits to an employee 334
504	504	otherwise eligible for occupational injury benefits if the 335
505	505	employee reports an accident or a known exposure to an 336
506	506	occupational disease within 3 days after such accident, 337
507	507	exposure, or diagnosis. 338
508	508	(7) A QCARE employer may not charge a fee, premium, or 339
509	509	other similar expense to the covered employee for his or her 340
510	510	coverage under the occupational injury benefit plan. 341
511	511	(8) The QCARE employer may select or authorize the medical 342
512	512	providers who provide any treatment to a covered emplo yee under 343
513	513	the occupational injury benefit plan. 344
514	514	(9) The QCARE employer is not required to cover under the 345
515	515	occupational injury benefit plan, nor is the QCARE employer 346
516	516	liable in a negligence lawsuit for, any injuries, diseases, or 347
517	517	conditions arising from a ny of the following: 348
518	518	(a) A subsequent injury the employee suffers as a result 349
519	519	of an original injury arising out of employment unless the 350
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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530	530
531	531
532	532	original injury is the major contributing cause of the 351
533	533	subsequent injury. The employee must demonstrate the major 352
534	534	contributing cause by medical evidence. 353
535	535	(b) Bodily injury to any person subject to any federal 354
536	536	workers' compensation law or other federal occupational disease 355
537	537	law, including, but not limited to, the Federal Employers' 356
538	538	Liability Act, the Longshore and Harbor Workers' Compensation 357
539	539	Act, the Defense Base Act, the Jones Act, or the Migrant and 358
540	540	Seasonal Agricultural Worker Protection Act. 359
541	541	(c) Any obligation imposed by workers' compensation, 360
542	542	occupational disease, unemployment compensation, or disability 361
543	543	benefits law, or any similar law, except as specifically 362
544	544	referenced in this chapter. 363
545	545	Section 5. Section 440.066, Florida Statutes, is created 364
546	546	to read: 365
547	547	440.066 Financial responsibility of a qualified 366
548	548	compensation alternative employer. — 367
549	549	(1) A QCARE employer m ust demonstrate financial ability to 368
550	550	pay benefit and negligence liability claims by complying with 369
551	551	this section. 370
552	552	(2) A QCARE employer shall insure the benefits and 371
553	553	liabilities under its occupational injury benefit plan with any 372
554	554	insurance carrier authoriz ed to do business in this state. The 373
555	555	insurance must be for a minimum limit of $1 million per 374
556	556	occurrence. The insurance must include benefit coverage and 375
557	557
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	negligence liability coverage. Insurance coverage obtained by a 376
570	570	QCARE employer must be from an admitted or an approved insurer 377
571	571	that is rated "A-" or higher by A.M. Best Company and must be 378
572	572	obtained from a licensed insurance agent. 379
573	573	(3) Any security held for purposes of compliance with this 380
574	574	section serves to guarantee the payment of claims under this 381
575	575	chapter. 382
576	576	(4)(a) A QCARE employer with a net worth of less than $10 383
577	577	million which insures or obtains coverage to be reimbursed for 384
578	578	payments under the QCARE employer's occupational injury benefit 385
579	579	plan or any negligence settlements or awards through an 386
580	580	insurance policy that has a self -insured retention of the 387
581	581	greater of $50,000 or 1.5 percent of net worth per occurrence is 388
582	582	deemed to have fully insured the QCARE employer's compensation 389
583	583	obligation. 390
584	584	(b) A QCARE employer with a net worth of $10 million or 391
585	585	more which insures or obtains coverage to be reimbursed for 392
586	586	payments under the QCARE employer's occupational injury benefit 393
587	587	plan or any negligence settlements or awards through an 394
588	588	insurance policy that has a self -insured retention of the 395
589	589	greater of $500,000 or 1.5 p ercent of net worth per occurrence 396
590	590	is deemed to have fully insured the QCARE employer's 397
591	591	compensation obligation. 398
592	592	(c) A QCARE employer identified in paragraph (a) or 399
593	593	paragraph (b) is not required to post any security deposit with 400
594	594
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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604	604
605	605
606	606	or provide any financial data to the Office of Insurance 401
607	607	Regulation. 402
608	608	Section 6. Section 440.067, Florida Statutes, is created 403
609	609	to read: 404
610	610	440.067 Taxation of benefits of a qualified compensation 405
611	611	alternative employer. —For purposes of state and federal 406
612	612	taxation, all benefit payme nts made by a QCARE employer are 407
613	613	deemed amounts received under a workers' compensation law as 408
614	614	compensation for personal injury or sickness. 409
615	615	Section 7. Section 440.068, Florida Statutes, is created 410
616	616	to read: 411
617	617	440.068 Benefit plan disputes. —A QCARE employer must 412
618	618	obtain approval from the insurance carrier selected in 413
619	619	accordance with s. 440.066 for claims administration. Subject to 414
620	620	insurance carrier approval, the QCARE employer may self -415
621	621	administer or use a third -party claims administrator to 416
622	622	administer claims, provided that all claims and appeals for 417
623	623	benefits must be adjudicated by the claims administrator in 418
624	624	accordance with the applicable fiduciary, enforcement, reporting 419
625	625	and disclosure, and claims administration laws and regulations 420
626	626	of the Employee Retirem ent Income Security Act of 1974, as 421
627	627	amended. 422
628	628	Section 8. Subsection (4) of section 440.14, Florida 423
629	629	Statutes, is amended to read: 424
630	630	440.14 Determination of pay. — 425
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639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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642	642
643	643	(4) Upon termination of the employee or upon termination 426
644	644	of the payment of fringe benefits of any employee who is 427
645	645	collecting indemnity benefits pursuant to s. 440.15(2) or (3), 428
646	646	the employer shall within 7 days after of such termination file 429
647	647	a corrected 13-week wage statement reflecting the wages paid , as 430
648	648	provided in s. 440.02(41), and the fringe benefits that had been 431
649	649	paid to the injured employee , as provided in s. 440.02(40) . 432
650	650	Section 9. Paragraph (a) of subsection (1) of section 433
651	651	440.385, Florida Statutes, is amended to read: 434
652	652	440.385 Florida Self -Insurers Guaranty Association, 435
653	653	Incorporated.— 436
654	654	(1) CREATION OF ASSOCIATION. — 437
655	655	(a) There is created a nonprofit corporation to be known 438
656	656	as the "Florida Self -Insurers Guaranty Association, 439
657	657	Incorporated," hereinafter referred to as "the association." 440
658	658	Upon incorporation of the association, all indivi dual self-441
659	659	insurers as defined in ss. 440.02(34)(a) ss. 440.02(33)(a) and 442
660	660	440.38(1)(b), other than individual self -insurers which are 443
661	661	public utilities or governmental entities, shall be members of 444
662	662	the association as a condition of their authority to 445
663	663	individually self-insure in this state. The association shall 446
664	664	perform its functions under a plan of operation as established 447
665	665	and approved under subsection (5) and shall exercise its powers 448
666	666	and duties through a board of directors as established under 449
667	667	subsection (2). The association shall have those powers granted 450
668	668
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676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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680	680	or permitted corporations not for profit, as provided in chapter 451
681	681	617. The activities of the association shall be subject to 452
682	682	review by the department. The department shall have oversight 453
683	683	responsibility as set forth in this section. The association is 454
684	684	specifically authorized to enter into agreements with this state 455
685	685	to perform specified services. 456
686	686	Section 10. This act shall take effect September 1, 2026. 457