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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1992, 1st Eng.

    Amendment No.    

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11  Senators King, Thomas and Burt moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 36, lines 24 and 25, delete those lines

15

16  and insert:

17         Section 24.  Effective October 1, 2001, section

18  624.461, Florida Statutes, is amended to read:

19         624.461  Definition.--For the purposes of the Florida

20  Insurance Code, "self-insurance fund" means both commercial

21  self-insurance funds organized under s. 624.462, and group

22  self-insurance funds organized under s. 624.4621, and local

23  government self-insurance funds organized under s. 624.4622.

24  The term "self-insurance fund" does not include a governmental

25  self-insurance pool created under s. 768.28(15).

26         Section 25.  Effective October 1, 2001, subsections

27  (7), (8), and (9) of section 624.4621, Florida Statutes, are

28  amended to read:

29         624.4621  Group self-insurance funds.--

30         (7)  Premiums, contributions, and assessments received

31  by a group self-insurer's fund are subject to ss. 624.509(1)

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1992, 1st Eng.

    Amendment No.    





 1  and (2) and 624.5092, except that the tax rate shall be 1.6

 2  percent of the gross amount of such premiums, contributions,

 3  and assessments. This subsection does not apply to a local

 4  government self-insurance fund organized under s. 624.4622.

 5         (8)  This section does not apply to any program,

 6  intergovernmental agreement, cooperative effort, consortium,

 7  or agency through which two or more governmental entities,

 8  without pooling their liabilities, administer the payment of

 9  workers' compensation to their respective employees, except

10  for a local government self-insurance fund organized under s.

11  624.4622.

12         (9)  A group self-insurance fund shall participate in

13  the Florida Workers' Compensation Insurance Self-Insurance

14  Fund Guaranty Association.

15         Section 26.  Effective October 1, 2001, subsection (2)

16  of section 624.4622, Florida Statutes, is amended to read:

17         624.4622  Local government self-insurance funds.--

18         (2)  A local government self-insurance fund that meets

19  the requirements of this section is not subject to s. 624.4621

20  and all other provisions of law applicable to group

21  self-insurance funds organized is not required to file any

22  report with the department under s. 440.38(2)(b) which is

23  uniquely required of group self-insurer funds qualified under

24  s. 624.4621. If any of the requirements of this section are

25  not met, the local government self-insurance fund is subject

26  to the requirements of s. 624.4621.

27         Section 27.  Effective October 1, 2001, subsections (6)

28  and (7) of section 631.904, Florida Statutes, are amended to

29  read:

30         631.904  Definitions.--As used in this part, the term:

31         (6)  "Insurer" means an insurance carrier or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1992, 1st Eng.

    Amendment No.    





 1  self-insurance fund authorized to insure under chapter 440.

 2  For purposes of this act, "insurer" does not include a

 3  qualified local government self-insurance fund, as defined in

 4  s. 624.4622, or an individual self-insurer as defined in s.

 5  440.385.

 6         (7)  "Self-insurance fund" means a group self-insurance

 7  fund authorized under s. 624.4621, a commercial self-insurance

 8  fund writing workers' compensation insurance authorized under

 9  s. 624.462, or an assessable mutual insurer authorized under

10  s. 628.6011, or a local government self-insurance fund

11  authorized under s. 624.4622.  For purposes of this act,

12  "self-insurance fund" does not include a qualified local

13  government self-insurance fund, as defined in s. 624.4622, or

14  an individual self-insurer as defined in s. 440.385.

15         Section 28.  Effective upon this act becoming a law:

16         (1)(a)  There is appropriated $10 million from the

17  General Revenue Fund and $5 million from the Workers'

18  Compensation Administrative Trust Fund in the Department of

19  Labor and Employment Security to the Insurance Commissioner's

20  Regulatory Trust Fund in the Department of Insurance.

21         (b)  There is appropriated $15 million from the

22  Insurance Commissioner's Regulatory Trust Fund to the

23  Department of Insurance as receiver of the Governmental Risk

24  Insurance Trust (GRIT) to cover exclusively and solely the

25  claims and the administration of claims for injured employees

26  formerly insured for workers' compensation claims by GRIT.

27  These funds may not be used for any purpose other than that

28  specified in this section. Prior to making claim settlements,

29  the department shall seek a repayment agreement with the

30  insured employer member for reimbursement of claim payments

31  and related administrative expenses paid on that member's

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1992, 1st Eng.

    Amendment No.    





 1  behalf. The department shall require reimbursement from the

 2  applicable reinsurer for any claims covered by reinsurance.

 3  The department may contract with third parties to administer

 4  its responsibilities under this section.

 5         (2)  The Department of Insurance must request

 6  appointment as receiver of the Governmental Risk Insurance

 7  Trust under chapter 631, Florida Statutes, in the Circuit

 8  Court of the Second Judicial Circuit of Florida. If the

 9  department is not appointed receiver, this appropriation is

10  null and void. Upon the department's appointment as receiver,

11  the department shall transfer the funds appropriated under

12  subsection (1) to the receivership account.

13         (3)  The State of Florida, the Division of Workers'

14  Compensation, the Workers' Compensation Administration Trust

15  Fund, and the Department of Insurance are immune from

16  liability for any claims, whether those claims are made by

17  creditors, either secured or unsecured, debtors, or former

18  insured employer members of GRIT.

19         (4)  The department shall report to the Governor, the

20  President of the Senate, and the Speaker of the House of

21  Representatives by February 1 of each year on the status of

22  the implementation of this section.

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24  Of the funds remaining after all the liability claims of

25  insured workers have been resolved, two-thirds of such funds

26  shall revert to the Insurance Commissioner's Regulatory Trust

27  Fund and one-third of such funds shall revert to the Workers'

28  Compensation Administrative Trust Fund.

29         Section 29.  Except as otherwise provided in this act,

30  and except for this section, which shall take effect upon

31  becoming a law, this act shall take effect October 1, 2000.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1992, 1st Eng.

    Amendment No.    





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

 2  And the title is amended as follows:

 3         On page 3, line 27, after the semicolon,

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 5  insert:

 6         amending s. 624.461, F.S.; redefining the term

 7         "self-insurance fund" to include local

 8         government self-insurance funds organized under

 9         s. 624.4622, F.S., for purposes of regulation

10         by the Department of Insurance; amending s.

11         624.4621, F.S.; exempting local government

12         self-insurance funds from the premium tax;

13         applying other provisions applicable to group

14         self-insurance funds to local government

15         self-insurance funds; amending s. 624.4622,

16         F.S.; conforming changes to requirements for

17         local government self-insurance funds; amending

18         s. 631.904, F.S.; revising definitions to

19         include local government self-insurance funds

20         in the Florida Workers' Compensation Insurance

21         Guaranty Association; providing appropriations

22         to the Department of Insurance to cover

23         workers' compensation claims of the

24         Governmental Risk Insurance Trust; authorizing

25         the department to enter into repayment

26         agreements with the insured employer and to

27         require reimbursement from a reinsurer;

28         authorizing the department to contract for the

29         administration of claims; authorizing the

30         department to request appointment as receiver

31         of GRIT in a specified court; providing that

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1992, 1st Eng.

    Amendment No.    





 1         the appropriation is null and void unless such

 2         appointment is made; immunizing the state and

 3         specified agencies from liability; requiring

 4         the department to report to the Governor and

 5         Legislature; providing for the reversion of

 6         remaining funds;

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