CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-0020                     Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

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 9

10                                                                

11  Representative(s) Wiles offered the following:

12

13         Amendment (with title amendment) 

14         On page 87, lines 17 and 18 of the bill

15  remove from the bill:  alll of said lines

16

17  and insert in lieu thereof:

18         Section 83.  Section 627.192, Florida Statutes, is

19  created to read:

20         627.192  Workers' compensation insurance; employee

21  leasing arrangements.--

22         (1)  The purpose of this section is to ensure that an

23  employer who leases some or all of its workers properly

24  obtains workers' compensation insurance coverage for all of

25  its employees, including those leased from or coemployed with

26  another entity, and that premium paid by an employee leasing

27  company is commensurate with exposure and anticipated claim

28  experience for all employees.

29         (2)  For purposes of the Florida Insurance Code:

30         (a)  "Employee leasing" shall have the same meaning as

31  set forth in s. 468.520(4).

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                                                   HOUSE AMENDMENT

    hbd-0020                     Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (b)  "Experience rating modification" means a factor

 2  applied to a premium to reflect a risk's variation from the

 3  average risk. The experience modification is determined by

 4  comparing actual losses to expected losses, using the risk's

 5  own past experience.

 6         (c)  "Leased employee" means a person performing

 7  services for a lessee under an employee leasing arrangement.

 8         (d)  "Lessee" means an entity which obtains all or part

 9  of its workforce from another entity through an employee

10  leasing arrangement or which employs the services of an entity

11  through an employee leasing arrangement.

12         (e)  "Lessor" means an employee leasing company, as set

13  forth in part XI of chapter 468, engaged in the business of or

14  holding itself out as being in the business of employee

15  leasing. A lessor may also be referred to as an employee

16  leasing company.

17         (f)  "Premium subject to dispute" means that the

18  insured has provided a written notice of dispute to the

19  insurer or service carrier, has initiated any applicable

20  proceeding for resolving such disputes as prescribed by law or

21  rating organization procedures approved by the department, or

22  has initiated litigation regarding the premium dispute. The

23  insured must have detailed the specific areas of dispute and

24  provided an estimate of the premium the insured believes to be

25  correct. The insured must have paid any undisputed portion of

26  the bill.

27         (3)  A lessor that obtains coverage in the voluntary

28  workers' compensation market may elect, with the voluntary

29  market insurer's knowledge and consent, to secure the coverage

30  on leased employees through a workers' compensation policy

31  issued to the lessor. The insurer of the lessor may, in its

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                                                   HOUSE AMENDMENT

    hbd-0020                     Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  discretion, take all reasonable steps to ascertain exposure

 2  under the policy and collect the appropriate premium by:

 3         (a)  Requiring the lessor to provide a complete

 4  description of lessor's operations.

 5         (b)  Requiring periodic reporting by the lessor of

 6  covered lessees' payroll, classifications, claims information,

 7  loss data, and jurisdictions with exposure. This reporting may

 8  be supplemented by a requirement for lessees to submit to the

 9  carrier Internal Revenue Service Form 941 or its equivalent on

10  a quarterly basis.

11         (c)  Auditing the lessor's operations.

12         (d)  Using other reasonable measures to determine the

13  appropriate premium.

14         (4)  A lessor that applies for coverage or is covered

15  through the voluntary market shall also maintain and furnish

16  to the insurer on an annual basis, and as the insurer may

17  otherwise reasonably require, sufficient information to permit

18  the calculation of an experience modification factor for each

19  lessee upon termination of the employee leasing relationship.

20  Information accruing during the term of the leasing

21  arrangement which is used to calculate an experience

22  modification factor for a lessee upon termination of the

23  leasing relationship shall continue to be used in the future

24  experience ratings of the lessor. Such information shall

25  include:

26         (a)  The lessee's corporate name.

27         (b)  The lessee's taxpayer or employer identification

28  number.

29         (c)  Payroll summaries and class codes applicable to

30  each lessee, and, if requested by the insurer, a listing of

31  all leased employees associated with a given lessee.

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                                                   HOUSE AMENDMENT

    hbd-0020                     Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (d)  Claims information grouped by lessee, and any

 2  other information maintained by or readily available to the

 3  lessor that is necessary for the calculation of an experience

 4  modification factor for each lessee.

 5         (5)  In addition to any other provision of law, any

 6  material violation of this section by an employee leasing

 7  company is grounds for cancellation or nonrenewal of the

 8  lessor's insurance policy provided that the employee leasing

 9  company has been provided a reasonable opportunity to cure the

10  violation. If an employee leasing company has received notice

11  that its workers' compensation insurance policy will be

12  canceled or nonrenewed, the leasing company shall notify by

13  certified mail, within 15 days after receipt of the notice,

14  all of the lessees for which there is an employee leasing

15  arrangement covered under the policy to be canceled, except

16  notice is not required if the employee leasing company has

17  obtained another insurance policy with an effective date that

18  is the same as the date of cancellation or nonrenewal.

19         (6)  If the employee leasing arrangement with a lessee

20  is terminated, the lessee shall be assigned an experience

21  modification factor which reflects its experience during the

22  experience period specified by the approved experience rating

23  plan, including, if applicable, experience incurred for leased

24  employees under the employee leasing arrangements. The

25  employee leasing company shall notify the insurer of its

26  intent to terminate any lessee relationship prior to

27  termination when feasible. When prior notice is not feasible,

28  the employee leasing company shall notify its insurer within 5

29  working days following actual termination.

30         (7)  This section shall not have any effect on the

31  statutory obligation, if any, of a lessee to secure workers'

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                                                   HOUSE AMENDMENT

    hbd-0020                     Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  compensation coverage for employees that the lessee does not

 2  coemploy or lease pursuant to an employee leasing arrangement.

 3         (8)  A lessee shall not enter into an employee leasing

 4  relationship or be eligible for workers' compensation coverage

 5  in the voluntary market if the lessee owes its current or a

 6  prior insurer any premium for workers' compensation insurance,

 7  or if the lessee owes its current or prior employee leasing

 8  company amounts due under the service agreement, except for

 9  premium or amounts due that are subject to dispute. For the

10  purposes of this section and compliance with other laws and

11  regulations, a lessor may rely on a sworn statement by the

12  lessee that the lessee has met any and all prior premium or

13  fee obligations, unless the lessor has actual knowledge to the

14  contrary.

15         (9)  Insurers shall conduct annual audits of payroll

16  and classifications of employee leasing companies in order to

17  ensure that the appropriate premium is charged for workers'

18  compensation coverage. The audits shall be conducted to ensure

19  that all sources of payment by lessors to employees,

20  subcontractors, and independent contractors have been reviewed

21  and the accuracy of classifications of employees have been

22  verified. Insurers may provide for more frequent audits of

23  lessors based on such factors as amount of premium, type of

24  business, loss ratios, or other relevant factors. Payroll and

25  classification verification audit rules of insurers must

26  include, but need not be limited to, use by the insurer of

27  state and federal reports of employee income, payroll and

28  other accounting records, certificates of insurance maintained

29  by subcontractors, and duties of employees.

30         (10)  If a lessor or a lessee fails to provide

31  reasonable access to payroll and classification records for a

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                                                   HOUSE AMENDMENT

    hbd-0020                     Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  payroll and classification audit, the insured shall pay a

 2  premium to the insurer not to exceed three times the most

 3  recent estimated annual premium. However, the lessor is not

 4  subject to such penalty if the failure to obtain the needed

 5  records is the direct result of the acts or omissions of the

 6  lessee.

 7         (11)  This section shall take effect July 1, 1998, and

 8  shall apply to any workers' compensation insurance policy

 9  issued to or renewed with an employee leasing company on or

10  after October 1, 1998.

11         Section 84.  Except as otherwise provided herein, this

12  act shall take effect October 1, 1998. 

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 6, line 11

18  remove from the title of the bill:  all of said line

19

20  and insert in lieu thereof:

21         repeal; creating s. 627.192, F.S.; providing

22         purposes; providing definitions; authorizing

23         certain lessors to secure workers' compensation

24         insurance coverage on leased employees under

25         certain circumstances; providing procedures;

26         requiring such lessors to provide certain

27         information to insurers for certain purposes;

28         providing for cancellation or nonrenewal of

29         such insurance under certain circumstances;

30         providing for notice; providing an exception;

31         providing for assigning an experience

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                                                   HOUSE AMENDMENT

    hbd-0020                     Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         modification factor to lessees under a

 2         terminated employee leasing arrangement;

 3         requiring notice; providing application;

 4         prohibiting lessees from entering into employee

 5         leasing relationships or from being eligible

 6         for certain workers' compensation coverage

 7         under certain circumstances; requiring insurers

 8         to conduct audits of employee leasing companies

 9         for certain purposes; specifying procedures;

10         requiring the insured to pay additional

11         premiums if the lessor or lessee fails to

12         provide certain audit access; providing an

13         exception; providing application; providing

14         effective dates.

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    File original & 9 copies    04/29/98
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