The bill amends Florida Statutes concerning occupational injury benefit plans, specifically defining "qualified compensation alternative employers" (QCARE employers) and their responsibilities. It revises the definition of "employee" to exclude certain independent contractors and introduces the term "qualified compensation alternative employer," allowing employees of these employers to file negligence claims if they can prove negligence. The bill also establishes that QCARE employers can use specific defenses in such cases and are entitled to offsets for benefits paid under their plans. Additionally, it mandates that QCARE employers adopt a written occupational injury benefit plan that provides defined benefits on a no-fault basis, with exclusions for willful acts, and outlines the necessary financial responsibility requirements.

Moreover, the bill sets new requirements for the occupational injury benefit plans of QCARE employers, including medical expense coverage for at least 156 weeks, lost wage compensation of at least 75% of the employee's average weekly wages, and death benefits of no less than $150,000. It requires employees to report accidents within three days to qualify for benefits and prohibits charging employees for coverage. The bill also mandates that QCARE employers demonstrate financial responsibility through insurance coverage of at least $1 million per occurrence and clarifies the tax treatment of benefit payments. Additional amendments include requirements for filing corrected wage statements and updates to the Florida Self-Insurers Guaranty Association's membership criteria, with the act set to take effect on September 1, 2026.

Statutes affected:
S 1426 Filed: 440.03, 440.06, 440.14, 440.385