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FL H1069

Bill

Status

Failed

6/16/2025

Primary Sponsor

Thomas Fabricio

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Creates a new "Qualified Compensation Alternative Employer" (QCARE) designation allowing Florida employers to opt out of traditional workers' compensation and instead adopt a written occupational injury benefit plan providing no-fault benefits to employees, effective September 1, 2026

  • Requires QCARE occupational injury benefit plans to provide at least 156 weeks of medical expense coverage (up to $300,000 per employee), lost wage compensation of at least 75% of average weekly wages for at least 156 weeks, death benefits of at least $150,000, and funeral expenses of at least $10,000

  • Employees of QCARE employers may sue the employer for negligence causing an injury, but the employee bears the burden of proving negligence and the employer may use any general law tort defense; the employer receives an offset for benefits already paid under the plan, and those payments may not be treated as collateral source payments

  • Requires QCARE employers to insure benefits and liabilities with an authorized carrier rated "A-" or higher by A.M. Best, with a minimum coverage limit of $1 million per occurrence; employers with net worth under $10 million may self-insure retentions of the greater of $50,000 or 1.5% of net worth, while those with $10 million or more may retain the greater of $500,000 or 1.5% of net worth

  • Excludes employees of QCARE employers from the statutory definition of "employee" under the workers' compensation chapter, and exempts QCARE employers from most provisions of Chapter 440 except those specifically referenced in the new sections

Legislative Description

Occupational Injury Benefit Plans

Last Action

Died in Insurance & Banking Subcommittee

6/16/2025

Committee Referrals

Insurance And Banking Subcommittee3/5/2025

Full Bill Text

No bill text available