CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1767
Amendment No. 13 (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Bainter offered the following:
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13 Amendment (with title amendment)
14 On page 19, line 7 through page 21, line 31
15 remove from the bill: all of said lines
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17 and insert in lieu thereof:
18 Section 15. Effective July 1, 1999, paragraph (b) of
19 subsection (9) of section 440.49, Florida Statutes, 1998
20 Supplement, is amended to read:
21 (9) SPECIAL DISABILITY TRUST FUND.--
22 (b)1. The Special Disability Trust Fund shall be
23 maintained by annual assessments upon the insurance companies
24 writing compensation insurance in the state, the commercial
25 self-insurers under ss. 624.462 and 624.4621, the assessable
26 mutuals under s. 628.601, and the self-insurers under this
27 chapter, which assessments shall become due and be paid
28 quarterly at the same time and in addition to the assessments
29 provided in s. 440.51. The division shall estimate annually in
30 advance the amount necessary for the administration of this
31 subsection and the maintenance of this fund and shall make
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HOUSE AMENDMENT
Bill No. HB 1767
Amendment No. 13 (for drafter's use only)
1 such assessment in the manner hereinafter provided.
2 2. The annual assessment shall be calculated to
3 produce during the ensuing fiscal year an amount which, when
4 combined with that part of the balance in the fund on June 30
5 of the current fiscal year which is in excess of $100,000, is
6 equal to the average of:
7 a. The sum of disbursements from the fund during the
8 immediate past 3 calendar years, and
9 b. Two times the disbursements of the most recent
10 calendar year.
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12 Such amount shall be prorated among the insurance companies
13 writing compensation insurance in the state and the
14 self-insurers.
15 3. The Net premiums written by carriers and the amount
16 of premiums calculated by the division for self-insured
17 employers the companies for workers' compensation in this
18 state and the net premium written applicable to the
19 self-insurers in this state, in accordance with the National
20 Council on Compensation Insurance Basic Manual for Workers'
21 Compensation and Employers Liability Insurance for
22 self-insurers (1999 edition), are the basis for computing the
23 amount to be assessed as a percentage of net premiums. Such
24 payments shall be made by each carrier insurance company and
25 self-insurer to the division for the Special Disability Trust
26 Fund in accordance with such regulations as the division
27 prescribes.
28 4. The Treasurer is authorized to receive and credit
29 to such Special Disability Trust Fund any sum or sums that may
30 at any time be contributed to the state by the United States
31 under any Act of Congress, or otherwise, to which the state
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HOUSE AMENDMENT
Bill No. HB 1767
Amendment No. 13 (for drafter's use only)
1 may be or become entitled by reason of any payments made out
2 of such fund.
3 Section 16. Subsection (1) of section 440.51, Florida
4 Statutes, is amended to read: 440.51 Expenses of
5 administration.--
6 (1) The division shall estimate annually in advance
7 the amounts necessary for the administration of this chapter,
8 in the following manner.
9 (a) Prior to November 15 of each year, the division
10 shall determine the anticipated expenses of administration for
11 the next calendar year. These anticipated expenses shall be
12 funded through the levy of uniform percentage assessments
13 calculated by the division based on net premiums written by
14 carriers and the premiums self-insurers would have to pay if
15 insured. Assessment amounts shall be prorated among carriers
16 writing workers' compensation insurance in the state and
17 self-insurers in the proportion that a carrier's or
18 self-insurer's net premiums written bears to the total of said
19 net premiums written. The division shall notify carriers and
20 self-insurers of the assessment rate by December 15 of each
21 year. The assessment rate shall take effect on January 1.
22 Assessments shall become due and be paid quarterly. The
23 division shall, as soon as practicable after July 1 in each
24 year, determine the expense of administration of this chapter
25 for the preceding fiscal year. The expense of administration
26 for such preceding fiscal year shall be used as the basis for
27 determining the amount to be assessed against each carrier in
28 order to provide for the expenses of the administration of
29 this chapter for the current fiscal year.
30 (b) The total expenses of administration shall be
31 prorated among the insurance companies writing compensation
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HOUSE AMENDMENT
Bill No. HB 1767
Amendment No. 13 (for drafter's use only)
1 insurance in the state and self-insurers. The net premiums
2 collected by the companies and the amount of premiums a
3 self-insurer would have to pay if insured are the basis for
4 computing the amount to be assessed. This amount may be
5 assessed as a specific amount or as a percentage of net
6 premiums payable as the division may direct, provided such The
7 assessment amount so assessed shall not exceed 4 percent of
8 such net premiums written. The carriers insurance companies
9 may elect to make the payments required under s. 440.15(1)(f)
10 s. 440.15(1)(e) rather than having these payments made by the
11 division. In that event, such payments will be credited to
12 the carriers insurance companies, and the amount due by the
13 carriers insurance company under this section will be reduced
14 accordingly.
15 (c) If necessary to fund the anticipated expenses of
16 administration for the period of time between the expiration
17 of the existing fiscal year 1998-99 assessment, and the levy
18 of the annual assessment for calendar year 2000, the division
19 is authorized to levy an interim assessment proportionate to
20 the assessment amount authorized in paragraph (b).
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24 And the title is amended as follows:
25 On page 2, lines 10-12
26 remove from the title of the bill: all of said lines
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28 and insert in lieu thereof:
29 terms to conform; amending s. 440.49; relating
30 to the Special Disability Trust Fund; revising
31 provisions relating to the calculation of
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HOUSE AMENDMENT
Bill No. HB 1767
Amendment No. 13 (for drafter's use only)
1 assessments; amending s. 440.51; relating to
2 the Workers' Compensation Administration Trust
3 Fund; revising provisions relating to
4 assessments;
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