CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1992, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senators King, Thomas and Burt moved the following amendment:
12
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)
1
1:50 PM 05/02/00 s1992c1c-08j06
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
2
1:50 PM 05/02/00 s1992c1c-08j06
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
3
1:50 PM 05/02/00 s1992c1c-08j06
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.
23
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.
4
1:50 PM 05/02/00 s1992c1c-08j06
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,
4
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
5
1:50 PM 05/02/00 s1992c1c-08j06
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;
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
6
1:50 PM 05/02/00 s1992c1c-08j06