House Bill 1173

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    Florida House of Representatives - 2000                HB 1173

        By the Committee on General Government Appropriations and
    Representative Sembler





  1                      A bill to be entitled

  2         An act relating to trust funds; providing

  3         finding that specified trust funds administered

  4         by the State Board of Administration are exempt

  5         from constitutionally mandated termination;

  6         amending s. 11.045, F.S.; modifying purposes

  7         for which moneys in the Legislative Lobbyist

  8         Registration Trust Fund may be used; amending

  9         s. 17.41, F.S.; revising provisions relating to

10         funding of the Department of Banking and

11         Finance Tobacco Settlement Clearing Trust Fund

12         and exemption of funds therein from the general

13         revenue service charge; amending s. 413.615,

14         F.S.; establishing the endowment fund principal

15         of the Florida Endowment for Vocational

16         Rehabilitation for fiscal year 2000-2001 and

17         providing for subsequent annual increases;

18         merging the State Property Insurance Trust Fund

19         into the Florida Casualty Insurance Risk

20         Management Trust Fund and renaming the merged

21         fund as the State Risk Management Trust Fund;

22         renaming parts I and II of chapter 284, F.S.,

23         to conform; amending ss. 258.007, 272.185,

24         284.01, 284.03, 284.05, 284.14, 284.30, 284.36,

25         284.385, 284.44, 284.50, 287.025, 287.059,

26         331.350, 393.075, 402.3015, 409.175, 946.509,

27         985.406, and 985.409, F.S., to conform;

28         providing effective dates.

29

30  Be It Enacted by the Legislature of the State of Florida:

31

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  1         Section 1.  The Legislature finds that the following

  2  trust funds administered by the State Board of Administration

  3  are exempt from termination pursuant to Section 19(f), Article

  4  III of the State Constitution:

  5         (1)  The Florida Retirement System Trust Fund.

  6         (2)  The Local Government Surplus Funds Trust Fund.

  7         (3)  The Florida Hurricane Catastrophe Fund.

  8         (4)  The Institute of Food and Agricultural Sciences

  9  Supplemental Retirement Trust Fund.

10         (5)  The Retiree Health Insurance Subsidy Trust Fund.

11         (6)  The Bond Proceeds Trust Fund.

12         (7)  The Florida Prepaid Postsecondary Education

13  Expense Trust Fund.

14         (8)  The Student Loan Escrow Fund.

15         (9)  The Trust Fund for United States Zero Coupon

16  Treasury Bonds.

17         (10)  The Debt Service Trust Fund.

18         (11)  The Gas Tax Fund.

19         (12)  The Police and Firefighters' Premium Tax Trust

20  Fund.

21         (13)  The Lawton Chiles Endowment Fund.

22         (14)  Funds of the Inland Protection Financing

23  Corporation created under s. 376.3075, Florida Statutes.

24         (15)  Funds of the Investment Fraud Restoration

25  Financing Corporation created under s. 517.1204, Florida

26  Statutes.

27         Section 2.  Subsection (8) of section 11.045, Florida

28  Statutes, is amended to read:

29         11.045  Lobbyists; registration and reporting;

30  exemptions; penalties.--

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  1         (8)  There is hereby created the Legislative Lobbyist

  2  Registration Trust Fund, to be used both for the purpose of

  3  funding any office established for the administration of the

  4  registration of lobbyist lobbying the Legislature, including

  5  the payment of salaries and other expenses, and for the

  6  purpose of paying the expenses incurred by the Legislature in

  7  providing services to lobbyists.  The trust fund is not

  8  subject to the service charge to general revenue provisions of

  9  chapter 215. Fees collected pursuant to rules established in

10  accordance with subsection (2) shall be deposited into the

11  Legislative Lobbyist Registration Trust Fund.

12         Section 3.  Subsection (2) of section 17.41, Florida

13  Statutes, is amended to read:

14         17.41  Department of Banking and Finance Tobacco

15  Settlement Clearing Trust Fund.--

16         (2)  Funds to be credited to the trust fund shall

17  consist of all annual payments received by the state from

18  settlement of State of Florida v. American Tobacco Co., No.

19  95-1466AH (Fla. 15th Cir. Ct. 1996). All moneys received from

20  the settlement shall be deposited into the trust fund. Such

21  moneys and interest thereon and are exempt from the service

22  charges imposed under s. 215.20.

23         Section 4.  Paragraph (c) of subsection (4) of section

24  413.615, Florida Statutes, is amended to read:

25         413.615  Florida Endowment for Vocational

26  Rehabilitation.--

27         (4)  REVENUE FOR THE ENDOWMENT FUND.--

28         (c)  The State Board of Administration shall invest and

29  reinvest moneys of the endowment fund in accordance with the

30  provisions of ss. 215.44-215.53.  Moneys in the endowment fund

31  in excess of the endowment fund principal, or such lesser

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  1  amount as may be requested in writing by the foundation, shall

  2  be annually transmitted to the foundation, based upon a fiscal

  3  year which shall run from July 1 through June 30, and shall be

  4  deposited in the foundation's operating account, for

  5  distribution as provided in subsection (10).  The endowment

  6  fund principal shall be $1 $5 million for the 2000-2001

  7  1995-1996 fiscal year and shall be increased by 5 percent in

  8  each subsequent fiscal year.

  9         Section 5.  (1)  The State Property Insurance Trust

10  Fund created pursuant to s. 284.01, Florida Statutes, is

11  merged into the Florida Casualty Insurance Risk Management

12  Trust Fund created pursuant to s. 284.30, Florida Statutes,

13  which is renamed the "State Risk Management Trust Fund."

14         (2)  This section shall take effect upon this act

15  becoming a law.

16         Section 6.  (1)  Part I of chapter 284, Florida

17  Statutes, entitled "Florida Fire Insurance Trust Fund," is

18  renamed "State Property Claims"; and part II of chapter 284,

19  Florida Statutes, entitled "Florida Casualty Insurance Risk

20  Management Trust Fund," is renamed "State Casualty Claims."

21         (2)  This section shall take effect upon this act

22  becoming a law.

23         Section 7.  Effective upon this act becoming a law,

24  subsection (1) of section 258.007, Florida Statutes, is

25  amended to read:

26         258.007  Powers of division.--

27         (1)  The Division of Recreation and Parks shall have

28  power to acquire in the name of the state any property, real

29  or personal, by purchase, grant, devise, condemnation,

30  donation, or otherwise, which in its judgment may be necessary

31  or proper toward the administration of the purposes of this

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  1  chapter; however, no property of any nature may be acquired by

  2  purchase, lease, grant, donation, devise, or otherwise, under

  3  conditions which shall pledge the credit of, or obligate in

  4  any manner whatsoever, the state to pay any sum of money, and

  5  the power of condemnation as herein granted is limited to the

  6  acquisition of property or property rights which may be

  7  required for state park purposes for parks under the

  8  jurisdiction of the Division of Recreation and Parks on July

  9  1, 1980.  Acquisition of such property or property rights

10  shall not exceed an aggregate of 40 acres or 10 percent of the

11  total acreage of the respective park as it existed on July 1,

12  1980, whichever is less, and shall be restricted to properties

13  wholly surrounded by state park property at the time of

14  acquisition.  Express legislative approval is required for the

15  acquisition by condemnation of any new area or memorial which

16  the division may desire for the purposes set forth in this

17  chapter, except that the division may maintain and insure with

18  the State Risk Management Property Insurance Trust Fund

19  buildings on property owned by the state or any of its

20  agencies.

21         Section 8.  Effective upon this act becoming a law,

22  subsection (2) of section 272.185, Florida Statutes, is

23  amended to read:

24         272.185  Maintenance of Governor's Mansion by

25  Department of Management Services.--

26         (2)  The department shall insure the Governor's

27  Mansion, its contents, and all structures and appurtenances

28  thereto with the State Risk Management Property Insurance

29  Trust Fund as provided in s. 284.01.  The department may

30  purchase any necessary insurance either by a primary insurance

31  contract, excess coverage insurance, or reinsurance to cover

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  1  the contents of the mansion, whether title of the contents is

  2  in the state or in any other person or entity not a resident

  3  of the mansion, notwithstanding the provision of s. 287.025.

  4         Section 9.  Effective upon this act becoming a law,

  5  subsection (1) of section 284.01, Florida Statutes, is amended

  6  to read:

  7         284.01  State Risk Management Property Insurance Trust

  8  Fund; coverages to be provided.--

  9         (1)  A state self-insurance fund, designated as the

10  "State Property Insurance Trust Fund," is created to be set up

11  by the Department of Insurance and administered with a program

12  of risk management.  The State Risk Management Trust Fund

13  shall insure those properties designated in subsection (2)

14  which are owned by the state or its agencies, boards, or

15  bureaus against loss from fire, lightning, sinkholes, and

16  hazards customarily insured by extended coverage and loss from

17  the removal of personal property from such properties when

18  endangered by covered perils.  Furthermore, the fund may also

19  insure the State Regional Office Building located in the City

20  of Jacksonville, Duval County, including the parking facility

21  owned by the City of Jacksonville, since such building is

22  jointly owned by the State of Florida and the City of

23  Jacksonville.  The City of Jacksonville shall be responsible

24  for the payment of all premiums charged by the fund to insure

25  property owned by the City of Jacksonville.  Flood insurance

26  shall be provided for state-owned structures and contents

27  designated in subsection (2) to the extent necessary to meet

28  self-insurance requirements of the National Flood Insurance

29  Program, as prescribed in rules and regulations of the Federal

30  Emergency Management Agency in 44 C.F.R. parts 59, 60, and 74,

31  effective October 1, 1986.

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  1         Section 10.  Effective upon this act becoming a law,

  2  section 284.03, Florida Statutes, is amended to read:

  3         284.03  Deficits in fund supplied from General Revenue

  4  Fund; repayment.--Should a loss occur upon property insured in

  5  the State Risk Management Property Insurance Trust Fund that

  6  would require more funds, to pay the amount of any loss

  7  covered by insurance in said fund, than are at that time

  8  available in said fund, in that event there is appropriated

  9  out of any funds in the General Revenue Fund not otherwise

10  appropriated a sum which, added to the sum then available in

11  the said State Risk Management Property Insurance Trust Fund,

12  shall be sufficient to pay the amount of the covered loss.  In

13  the event any funds shall be paid out of the General Revenue

14  Fund under this provision, such amounts so paid out of the

15  General Revenue Fund shall be returned to it out of the first

16  available assets of the State Risk Management said Insurance

17  Trust Fund after paying any necessary expenses as provided in

18  s. 284.02(2) and (3).

19         Section 11.  Effective upon this act becoming a law,

20  section 284.05, Florida Statutes, is amended to read:

21         284.05  Inspection of insured state property.--The

22  Department of Insurance shall inspect all permanent buildings

23  insured by the State Risk Management Property Insurance Trust

24  Fund, and whenever conditions are found to exist which, in the

25  opinion of the Department of Insurance, are hazardous from the

26  standpoint of destruction by fire or other loss, the

27  Department of Insurance may order the same repaired or

28  remedied, and the agency, board, or person in charge of such

29  property is required to have such dangerous conditions

30  immediately repaired or remedied upon written notice from the

31  Department of Insurance of such hazardous conditions.  Such

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  1  amounts as may be necessary to comply with such notice or

  2  notices shall be paid by the Department of Management Services

  3  or by the agency, board, or person in charge of such property

  4  out of any moneys appropriated for the maintenance of the

  5  respective agency or for the repairs or permanent improvement

  6  of such properties or from any incidental or contingent funds

  7  they may have on hand. In the event of a disagreement between

  8  the Department of Insurance and the agency, board, or person

  9  having charge of such property as to the necessity of the

10  repairs or remedies ordered, the matter in disagreement shall

11  be determined by the Department of Management Services.

12         Section 12.  Effective upon this act becoming a law,

13  section 284.14, Florida Statutes, is amended to read:

14         284.14  State Risk Management Property Insurance Trust

15  Fund; leasehold interest.--In the event the state or any

16  department or agency thereof has acquired or hereafter

17  acquires a leasehold interest in any improved real property

18  and by the terms and provisions of said lease it is obligated

19  to insure such premises against loss by fire or other hazard

20  to such premises, it shall insure such premises in the State

21  Risk Management Property Insurance Trust Fund as required by

22  the terms of said lease or as required by the provisions of

23  this chapter.  No state agency shall enter into or acquire any

24  such leasehold interest until the coverages required to be

25  maintained by the provisions of the lease are approved in

26  writing by the Department of Insurance.

27         Section 13.  Effective upon this act becoming a law,

28  section 284.30, Florida Statutes, is amended to read:

29         284.30  State Florida Casualty Insurance Risk

30  Management Trust Fund; coverages to be provided.--A state

31  self-insurance fund, designated as the "State Florida Casualty

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  1  Insurance Risk Management Trust Fund," is created to be set up

  2  by the Department of Insurance and administered with a program

  3  of risk management, which fund is to provide insurance, as

  4  authorized by s. 284.33, for workers' compensation, general

  5  liability, fleet automotive liability, federal civil rights

  6  actions under 42 U.S.C. s. 1983 or similar federal statutes,

  7  and court-awarded attorney's fees in other proceedings against

  8  the state except for such awards in eminent domain or for

  9  inverse condemnation or for awards by the Public Employees

10  Relations Commission.  A party to a suit in any court, to be

11  entitled to have his or her attorney's fees paid by the state

12  or any of its agencies, must serve a copy of the pleading

13  claiming the fees on the Department of Insurance; and

14  thereafter the department shall be entitled to participate

15  with the agency in the defense of the suit and any appeal

16  thereof with respect to such fees.

17         Section 14.  Effective upon this act becoming a law,

18  section 284.36, Florida Statutes, is amended to read:

19         284.36  Appropriation deposits; premium

20  payment.--Premiums for coverage by the State Florida Casualty

21  Insurance Risk Management Trust Fund as calculated on all

22  coverages shall be billed and charged to each state agency

23  according to coverages obtained by the fund for their benefit,

24  and such obligations shall be paid promptly by each agency

25  from its operating budget upon presentation of a bill

26  therefor.  After the first year of operation, premiums to be

27  charged to all departments of the state are to be computed on

28  a retrospective rating arrangement based upon actual losses

29  accruing to the fund, taking into account reasonable

30  expectations, the maintenance and stability of the fund, and

31  the cost of insurance.

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  1         Section 15.  Effective upon this act becoming a law,

  2  section 284.385, Florida Statutes, is amended to read:

  3         284.385  Reporting and handling of claims.--All

  4  departments covered by the State Florida Casualty Insurance

  5  Risk Management Trust Fund under this part shall immediately

  6  report all known or potential claims to the Department of

  7  Insurance for handling, except employment complaints which

  8  have not been filed with the Florida Human Relations

  9  Commission, Equal Employment Opportunity Commission, or any

10  similar agency.  When deemed necessary, the Department of

11  Insurance shall assign or reassign the claim to counsel.  The

12  assigned counsel shall report regularly to the Department of

13  Insurance on the status of any such claims or litigation as

14  required by the Department of Insurance.  No such claim shall

15  be compromised or settled for monetary compensation without

16  the prior approval of the Department of Insurance.  All

17  departments shall cooperate with the Department of Insurance

18  in its handling of claims.  The Department of Insurance, the

19  Department of Management Services, and the Department of

20  Banking and Finance, with the cooperation of the state

21  attorneys and the clerks of the courts, shall develop a system

22  to coordinate the exchange of information concerning claims

23  for and against the state, its agencies, and its subdivisions,

24  to assist in collection of amounts due to them.  The covered

25  department shall have the responsibility for the settlement of

26  any claim for injunctive or affirmative relief under 42 U.S.C.

27  s. 1983 or similar federal or state statutes.  The payment of

28  a settlement or judgment for any claim covered and reported

29  under this part shall be made only from the State Florida

30  Casualty Insurance Risk Management Trust Fund.

31

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  1         Section 16.  Effective upon this act becoming a law,

  2  subsections (3), (5), (6), and (7) of section 284.44, Florida

  3  Statutes, are amended to read:

  4         284.44  Salary indemnification costs of state

  5  agencies.--

  6         (3)  For the purposes of this section, "salary

  7  indemnification costs" means the payments made to employees

  8  for temporary total disability benefits.  After an employee

  9  has been eligible for disability benefits for 10 weeks, salary

10  indemnification costs shall be funded from the State Florida

11  Casualty Insurance Risk Management Trust Fund in accordance

12  with the provisions of this part for those agencies insured by

13  the fund.

14         (5)  If a state agency demonstrates to the Executive

15  Office of the Governor and the chairs of the legislative

16  appropriations committees that no funds are available to pay

17  initial salary indemnification costs for a specific claim

18  pursuant to this section without adversely impacting its

19  ability to perform statutory responsibilities, the Executive

20  Office of the Governor may direct the Division of Risk

21  Management to fund all salary indemnification costs for that

22  specific claim from the State Florida Casualty Insurance Risk

23  Management Trust Fund and waive the state agency reimbursement

24  requirement.

25         (6)  The Division of Risk Management shall prepare

26  quarterly reports to the Executive Office of the Governor and

27  the chairs of the legislative appropriations committees

28  indicating for each state agency the total amount of salary

29  indemnification benefits paid to claimants and the total

30  amount of reimbursements from state agencies to the State

31  Florida Casualty Insurance Risk Management Trust Fund for

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  1  initial costs for the previous quarter.  These reports shall

  2  also include information for each state agency indicating the

  3  number of cases and amounts of initial salary indemnification

  4  costs for which reimbursement requirements were waived by the

  5  Executive Office of the Governor pursuant to this section.

  6         (7)  If a state agency fails to pay casualty increase

  7  premiums or salary indemnification reimbursements within 30

  8  days after being billed, the Division of Risk Management shall

  9  advise the Comptroller.  After verifying the accuracy of the

10  billing, the Comptroller shall transfer the appropriate amount

11  from any available funds of the delinquent state agency to the

12  State Florida Casualty Insurance Risk Management Trust Fund.

13         Section 17.  Effective upon this act becoming a law,

14  subsection (2) of section 284.50, Florida Statutes, is amended

15  to read:

16         284.50  Loss prevention program; safety coordinators;

17  Interagency Advisory Council on Loss Prevention; employee

18  recognition program.--

19         (2)  There shall be an Interagency Advisory Council on

20  Loss Prevention composed of the safety coordinators from each

21  department and representatives designated by the Division of

22  State Fire Marshal and the Division of Risk Management.  The

23  chair of the council shall be the Director of the Division of

24  Risk Management or his or her designee.  The council shall

25  meet at least quarterly to discuss safety problems within

26  state government, to attempt to find solutions for these

27  problems, and, when possible, to assist in the implementation

28  of the solutions.  If the safety coordinator of a department

29  or office is unable to attend a council meeting, an alternate,

30  selected by the department head or his or her designee, shall

31  attend the meeting to represent and provide input for that

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  1  department or office on the council.  The council is further

  2  authorized to provide for the recognition of employees,

  3  agents, and volunteers who make exceptional contributions to

  4  the reduction and control of employment-related accidents.

  5  The necessary expenses for the administration of this program

  6  of recognition shall be considered an authorized

  7  administrative expense payable from the State Florida Casualty

  8  Insurance Risk Management Trust Fund.

  9         Section 18.  Effective upon this act becoming a law,

10  subsection (3) of section 287.025, Florida Statutes, is

11  amended to read:

12         287.025  Prohibition against certain insurance coverage

13  on specified state property or insurable subjects.--

14         (3)  Any items, property, or insurable subjects titled

15  in the name of the state or its departments, divisions,

16  bureaus, commissions, or agencies which are not included or

17  insured by the State Risk Management Property Insurance Trust

18  Fund under chapter 284 or specifically designated not to be

19  insured by this section shall be eligible subjects for

20  insurance coverage through commercial insurance carriers as

21  otherwise provided by law.

22         Section 19.  Effective upon this act becoming a law,

23  paragraph (c) of subsection (2) of section 287.059, Florida

24  Statutes, is amended to read:

25         287.059  Private attorney services.--

26         (2)  No agency shall contract for private attorney

27  services without the prior written approval of the Attorney

28  General, except that such written approval is not required for

29  private attorney services:

30

31

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  1         (c)  Necessary to represent the state in litigation

  2  involving the State Florida Casualty Insurance Risk Management

  3  Trust Fund pursuant to part II of chapter 284.

  4         Section 20.  Effective upon this act becoming a law,

  5  subsections (1) and (2) of section 331.350, Florida Statutes,

  6  are amended to read:

  7         331.350  Insurance coverage of the authority; safety

  8  program.--

  9         (1)  Notwithstanding any other provision of law, the

10  State Risk Management Property Insurance Trust Fund

11  established under s. 284.30 284.01 shall not insure buildings

12  and property owned or leased by the authority.

13         (2)  Notwithstanding any other provision of law, the

14  State Florida Casualty Insurance Risk Management Trust Fund

15  established under s. 284.30 shall not insure against any

16  liability of the authority.

17         Section 21.  Effective upon this act becoming a law,

18  subsection (2) of section 393.075, Florida Statutes, is

19  amended to read:

20         393.075  General liability coverage.--

21         (2)  The Division of Risk Management of the Department

22  of Insurance shall provide coverage through the Department of

23  Children and Family Services to any person who owns or

24  operates a foster care facility or group home facility solely

25  for the Department of Children and Family Services, who cares

26  for children placed by developmental services staff of the

27  department, and who is licensed pursuant to s. 393.067 to

28  provide such supervision and care in his or her place of

29  residence.  The coverage shall be provided from the general

30  liability account of the State Florida Casualty Insurance Risk

31  Management Trust Fund.  The coverage is limited to general

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  1  liability claims arising from the provision of supervision and

  2  care of children in a foster care facility or group home

  3  facility pursuant to an agreement with the department and

  4  pursuant to guidelines established through policy, rule, or

  5  statute.  Coverage shall be subject to the limits provided in

  6  ss. 284.38 and 284.385, and the exclusions set forth therein,

  7  together with other exclusions as may be set forth in the

  8  certificate of coverage issued by the trust fund. A person

  9  covered under the general liability account pursuant to this

10  subsection shall immediately notify the Division of Risk

11  Management of the Department of Insurance of any potential or

12  actual claim.

13         Section 22.  Effective upon this act becoming a law,

14  paragraph (f) of subsection (6) of section 402.3015, Florida

15  Statutes, is amended to read:

16         402.3015  Subsidized child care program; purpose; fees;

17  contracts.--

18         (6)

19         (f)  The Division of Risk Management of the Department

20  of Insurance shall provide coverage through the department to

21  the community child care coordinating agencies for the

22  subsidized child care program. The coverage shall be provided

23  from the general liability account of the State Florida

24  Casualty Insurance Risk Management Trust Fund, and the

25  coverage shall be primary. The coverage is limited to general

26  liability claims arising from the management of the subsidized

27  child care program under a contract with the department and

28  under guidelines established through policy, rule, or law.

29  Coverage shall be limited as provided in ss. 284.38 and

30  284.385, and the exclusions set forth therein, together with

31  other exclusions that are set forth in the certificate of

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  1  coverage issued by the trust fund, shall apply. A community

  2  child care coordinating agency covered under the general

  3  liability account pursuant to this paragraph shall immediately

  4  notify the Division of Risk Management of the Department of

  5  Insurance of any potential or actual claim.

  6         Section 23.  Effective upon this act becoming a law,

  7  paragraph (a) of subsection (14) of section 409.175, Florida

  8  Statutes, is amended to read:

  9         409.175  Licensure of family foster homes, residential

10  child-caring agencies, and child-placing agencies.--

11         (14)(a)  The Division of Risk Management of the

12  Department of Insurance shall provide coverage through the

13  Department of Children and Family Services to any person who

14  owns or operates a family foster home solely for the

15  Department of Children and Family Services and who is licensed

16  to provide family foster home care in her or his place of

17  residence.  The coverage shall be provided from the general

18  liability account of the State Florida Casualty Insurance Risk

19  Management Trust Fund, and the coverage shall be primary.  The

20  coverage is limited to general liability claims arising from

21  the provision of family foster home care pursuant to an

22  agreement with the department and pursuant to guidelines

23  established through policy, rule, or statute. Coverage shall

24  be limited as provided in ss. 284.38 and 284.385, and the

25  exclusions set forth therein, together with other exclusions

26  as may be set forth in the certificate of coverage issued by

27  the trust fund, shall apply. A person covered under the

28  general liability account pursuant to this subsection shall

29  immediately notify the Division of Risk Management of the

30  Department of Insurance of any potential or actual claim.

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    Florida House of Representatives - 2000                HB 1173

    610-251B-00






  1         Section 24.  Effective upon this act becoming a law,

  2  section 946.509, Florida Statutes, is amended to read:

  3         946.509  Insurance of property leased or acquired by

  4  the corporation.--

  5         (1)  The State Risk Management Property Insurance Trust

  6  Fund created under s. 284.30 284.01 shall insure all property

  7  eligible for coverage under part I of chapter 284 which is

  8  leased by the department to the corporation or which is

  9  subsequently acquired and owned by the corporation and subject

10  to the reversionary ownership interest of the state

11  established in s. 946.505.

12         (2)  Coverage under the State Risk Management Property

13  Insurance Trust Fund of property leased to or otherwise

14  acquired by the corporation shall be secured and maintained

15  through the existing policy and account of the Department of

16  Corrections with the Division of Risk Management of the

17  Department of Insurance.  All matters, including premium

18  calculations, assessments and payments, retrospective premium

19  adjustments, reporting requirements, and other requirements,

20  concerning coverage of such property under the State Risk

21  Management Property Insurance Trust Fund shall be conducted as

22  if all such property were owned solely by the department.

23  Except as required by chapter 284, if the corporation finds

24  that it is more economical to do so, the corporation may

25  secure private insurance coverage on all or a portion of the

26  activities of or properties used by the corporation. If

27  coverage through the State Risk Management Property Insurance

28  Trust Fund is not secured, the corporation must present

29  documentation of insurance coverage to the Division of Risk

30  Management equal to the coverage that could otherwise be

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    Florida House of Representatives - 2000                HB 1173

    610-251B-00






  1  provided by the State Risk Management Property Insurance Trust

  2  Fund.

  3         Section 25.  Effective upon this act becoming a law,

  4  subsection (8) of section 985.406, Florida Statutes, is

  5  amended to read:

  6         985.406  Juvenile justice training academies

  7  established; Juvenile Justice Standards and Training

  8  Commission created; Juvenile Justice Training Trust Fund

  9  created.--

10         (8)  PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE

11  FLORIDA CASUALTY INSURANCE RISK MANAGEMENT TRUST

12  FUND.--Pursuant to s. 284.30, the Division of Risk Management

13  of the Department of Insurance is authorized to insure a

14  private agency, individual, or corporation operating a

15  state-owned training school under a contract to carry out the

16  purposes and responsibilities of any program of the

17  department. The coverage authorized herein shall be under the

18  same general terms and conditions as the department is insured

19  for its responsibilities under chapter 284.

20         Section 26.  Effective upon this act becoming a law,

21  section 985.409, Florida Statutes, is amended to read:

22         985.409  Participation of certain programs in the State

23  Florida Casualty Insurance Risk Management Trust

24  Fund.--Pursuant to s. 284.30, the Division of Risk Management

25  of the Department of Insurance is authorized to insure a

26  private agency, individual, or corporation operating a

27  state-owned training school under a contract to carry out the

28  purposes and responsibilities of any program of the

29  department. The coverage authorized herein shall be under the

30  same general terms and conditions as the department is insured

31  for its responsibilities under chapter 284.

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    Florida House of Representatives - 2000                HB 1173

    610-251B-00






  1         Section 27.  Except as otherwise provided herein, this

  2  act shall take effect July 1, 2000.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Provides finding that specified trust funds administered
  7    by the State Board of Administration are exempt from
      constitutionally mandated termination. Modifies purposes
  8    for which moneys in the Legislative Lobbyist Registration
      Trust Fund may be used. Revises provisions relating to
  9    funding of the Department of Banking and Finance Tobacco
      Settlement Clearing Trust Fund and exemption of funds
10    therein from the general revenue service charge.
      Establishes the endowment fund principal of the Florida
11    Endowment for Vocational Rehabilitation for fiscal year
      2000-2001 and provides for subsequent annual increases.
12    Merges the State Property Insurance Trust Fund into the
      Florida Casualty Insurance Risk Management Trust Fund and
13    renames the merged fund as the State Risk Management
      Trust Fund. See bill for details.
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