Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 444
       
       
       
       
       
       
                                Ì188834EÎ188834                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2014           .                                
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       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 211 and 212
    4  insert:
    5         Section 4. Paragraphs (b) and (c) of subsection (9) of
    6  section 440.49, Florida Statutes, are amended to read:
    7         440.49 Limitation of liability for subsequent injury
    8  through Special Disability Trust Fund.—
    9         (9) SPECIAL DISABILITY TRUST FUND.—
   10         (b)1. The Special Disability Trust Fund shall be maintained
   11  by annual assessments upon the insurance companies writing
   12  compensation insurance in the state, the commercial self
   13  insurers under ss. 624.462 and 624.4621, the assessable mutuals
   14  as defined in s. 628.6011, and the self-insurers under this
   15  chapter, which assessments shall become due and be paid
   16  quarterly at the same time and in addition to the assessments
   17  provided in s. 440.51. Such payments shall be made by each
   18  carrier and self-insurer to the department for the Special
   19  Disability Trust Fund pursuant to department rule.
   20         2. The department shall estimate annually in advance the
   21  amount necessary for the administration of this subsection and
   22  the maintenance of this fund pursuant to this paragraph and
   23  shall make such assessment in the manner hereinafter provided.
   24  By July 1 of each year, the department shall calculate the
   25  assessment rate, which shall be based upon the net premiums
   26  written by carriers, the amount of premiums calculated by the
   27  department for self-insured employers, and the anticipated
   28  balance and expenses of the Special Disability Trust Fund for
   29  the next calendar year. Such assessment rate shall take effect
   30  January 1 of the next calendar year. Such amount shall be
   31  prorated among the insurance companies writing compensation
   32  insurance in the state and the self-insurers.
   33         2. The annual assessment shall be calculated to produce
   34  during the next calendar year an amount which, when combined
   35  with that part of the balance anticipated to be in the fund on
   36  December 31 of the current calendar year which is in excess of
   37  $100,000, is equal to the average of:
   38         a. The sum of disbursements from the fund during the
   39  immediate past 3 calendar years, and
   40         b. Two times the disbursements of the most recent calendar
   41  year.
   42         c. Such assessment rate shall first apply on a calendar
   43  year basis for the period beginning January 1, 2012, and shall
   44  be included in workers’ compensation rate filings approved by
   45  the office which become effective on or after January 1, 2012.
   46  The assessment rate effective January 1, 2011, shall also apply
   47  to the interim period from July 1, 2011, through December 31,
   48  2011, and shall be included in workers’ compensation rate
   49  filings, whether regular or amended, approved by the office
   50  which become effective on or after July 1, 2011. Thereafter, the
   51  annual assessment rate shall take effect January 1 of the next
   52  calendar year and shall be included in workers’ compensation
   53  rate filings approved by the office which become effective on or
   54  after January 1 of the next calendar year. Assessments shall
   55  become due and be paid quarterly.
   56  
   57  Such amount shall be prorated among the insurance companies
   58  writing compensation insurance in the state and the self
   59  insurers.
   60         3. The net premiums written by the companies for workers’
   61  compensation in this state and the net premium written
   62  applicable to the self-insurers in this state are the basis for
   63  computing the amount to be assessed as a percentage of net
   64  premiums. Such payments shall be made by each carrier and self
   65  insurer to the department for the Special Disability Trust Fund
   66  in accordance with such regulations as the department
   67  prescribes.
   68         4. The Chief Financial Officer is authorized to receive and
   69  credit to such Special Disability Trust Fund any sum or sums
   70  that may at any time be contributed to the state by the United
   71  States under any Act of Congress, or otherwise, to which the
   72  state may be or become entitled by reason of any payments made
   73  out of such fund.
   74         (c) Notwithstanding the Special Disability Trust Fund
   75  assessment rate calculated pursuant to this section, the rate
   76  assessed may shall not exceed 2.5 4.52 percent.
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete line 10
   80  and insert:
   81         disability and death; amending s. 440.49, F.S.;
   82         revising provisions relating to the assessment rate of
   83         the Special Disability Trust Fund; reducing the
   84         assessment rate limitation; providing an effective
   85         date.