House Bill 1069 amends Florida's workers' compensation law by introducing "qualified compensation alternative employers" (QCARE employers) and revising the definition of "employee" to exclude those employed by QCARE employers. These employers can adopt a written occupational injury benefit plan that provides defined benefits on a no-fault basis, while also allowing employees to bring negligence claims against them, provided they can prove negligence. The bill outlines the requirements for QCARE employers, including demonstrating financial responsibility and the option to self-fund or insure their benefits. It also specifies that all benefit payments made under the plan are considered payments by the QCARE employer, not from a collateral source, and allows for offsets against negligence liability.
Additionally, the bill mandates that occupational injury benefit plans for QCARE employers must cover comprehensive medical expenses for at least 156 weeks, provide lost wage compensation of at least 75% of the employee's average weekly wages for the same duration, and include death benefits of no less than $150,000, along with funeral expenses up to $10,000. QCARE employers are required to secure insurance coverage of at least $1 million per occurrence, which encompasses both benefit and negligence liability coverage. The bill also clarifies wage calculations, including housing and health insurance contributions, and establishes a framework for claims administration. It is set to take effect on September 1, 2026.
Statutes affected: H 1069 Filed: 440.03, 440.06, 440.14, 440.385