Senate Bill 1638

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



    Florida Senate - 2000                                  SB 1638

    By Senator Horne





    6-1217-00

  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 440.50, F.S.; revising the purpose

  4         of the Workers' Compensation Administration

  5         Trust Fund; amending s. 440.51, F.S.; defining

  6         the terms "plan" and "fixed operating expenses"

  7         for purposes of administering the workers'

  8         administration program; providing for transfer

  9         of funds to the workers' compensation joint

10         underwriting plan; amending s. 627.311, F.S.;

11         providing for funding a deficit in the workers'

12         compensation joint underwriting plan through

13         policyholder surplus; providing an effective

14         date.

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

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18         Section 1.  Paragraph (a) of subsection (1) of section

19  440.50, Florida Statutes, is amended to read:

20         440.50  Workers' Compensation Administration Trust

21  Fund.--

22         (1)(a)  There is established in the State Treasury a

23  special fund to be known as the "Workers' Compensation

24  Administration Trust Fund" for the purpose of providing for

25  the payment of all expenses in respect to the administration

26  of this chapter, including the vocational rehabilitation of

27  injured employees as provided in s. 440.49 and the payments

28  due under s. 440.15(1)(f), the funding of the fixed operating

29  expenses of the plan, and the funding of the Bureau of

30  Workers' Compensation Fraud within the Department of

31  Insurance.  Such fund shall be administered by the division.

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






    Florida Senate - 2000                                  SB 1638
    6-1217-00




  1         Section 2.  Subsections (13) and (14) are added to

  2  section 440.51, Florida Statutes, to read:

  3         440.51  Expenses of administration.--

  4         (13)  As used in s. 440.50 and this section, the term:

  5         (a)  "Plan" means the workers' compensation joint

  6  underwriting plan provided for in s. 627.311(4).

  7         (b)  "Fixed operating expenses" means the expenses of

  8  the plan, not to exceed $1.5 million, which are directly

  9  related to the plan's operation and administration but which

10  do not vary in direct relationship to the amount of premium

11  written by the plan and which do not include loss adjustment

12  premiums.

13         (14)  Before July 1 in each year, the plan shall notify

14  the division of the amount of the plan's gross written

15  premiums for the preceding calendar year. Whenever the plan's

16  gross written premiums reported to the division are less than

17  $30 million, the division shall transfer to the plan an amount

18  equal to the plan's fixed operating expenses for the preceding

19  calendar year.

20         Section 3.  Paragraph (g) of subsection (4) of section

21  627.311, Florida Statutes, is amended to read:

22         627.311  Joint underwriters and joint reinsurers.--

23         (4)

24         (g)  Whenever a deficit exists, the plan shall, within

25  90 days, provide the department with a program to eliminate

26  the deficit within a reasonable time. The deficit may be

27  funded both through increased premiums charged to insureds of

28  the plan for subsequent years, through the use of policyholder

29  surplus attributable to any year, and through assessments on

30  insureds in the plan if the plan uses assessable policies.

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






    Florida Senate - 2000                                  SB 1638
    6-1217-00




  1         Section 4.  This act shall take effect upon becoming a

  2  law.

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  5                          SENATE SUMMARY

  6    Includes funding the fixed operating expenses of the
      Workers' Compensation Administration Trust Fund among the
  7    fund's purposes. Defines "plan" and "fixed operating
      expenses" for purposes of the joint underwriting plan.
  8    Provides for a transfer of funds to the plan when gross
      written premiums fall below $30 million. Provides for
  9    funding a deficit in the joint underwriting plan through
      policyholder surplus.
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