House Bill 2441

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    Florida House of Representatives - 2000                HB 2441

        By the Committee on Insurance and Representatives Bainter,
    Waters, Patterson, Melvin, Argenio, Wiles, Dockery, Lawson and
    Lee




  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         clarifying the legislative intent that the

  4         terms "net premiums written" and "net premiums

  5         collected" as used in ch. 440, F.S., include

  6         ceded reinsurance premiums in accord with

  7         original intent; amending s. 440.49, F.S.;

  8         revising the Special Disability Trust Fund's

  9         annual assessment criteria relating to excluded

10         ceded reinsurance premiums; amending s. 440.51,

11         F.S.; revising criteria for annual estimates of

12         certain administrative expenses; reducing the

13         assessment rate for calendar year 2001;

14         authorizing the Division of Workers'

15         Compensation of the Department of Labor and

16         Employment Security to recover certain

17         underpayment of assessments; prohibiting

18         recovery of certain underpayment of

19         assessments; creating a Task Force on Workers'

20         Compensation Administration for certain

21         purposes; providing for membership; requiring

22         the task force to study the way in which the

23         workers' compensation system is funded and

24         administered and make recommendations to the

25         Governor and the Legislature; requiring the

26         Executive Office of the Governor to assist the

27         task force; providing responsibilities of the

28         office; providing an appropriation; providing

29         severability; providing an effective date.

30

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

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  1         Section 1.  Legislative intent.--It is the intent of

  2  the Legislature to clarify that the terms "net premiums

  3  written" and "net premiums collected" as used in chapter 440,

  4  Florida Statutes, have meant and continue to mean premiums

  5  arising from workers' compensation policies issued by an

  6  insurer in this state as the primary insurance carrier without

  7  deduction for ceded reinsurance premiums transferred to an

  8  insurance company for reinsurance purchased or any premium

  9  expense attributable to purchasing reinsurance.

10         Section 2.  Paragraph (b) of subsection (9) of section

11  440.49, Florida Statutes, is amended to read:

12         440.49  Limitation of liability for subsequent injury

13  through Special Disability Trust Fund.--

14         (9)  SPECIAL DISABILITY TRUST FUND.--

15         (b)1.  The Special Disability Trust Fund shall be

16  maintained by annual assessments upon the insurance companies

17  writing compensation insurance in the state, the commercial

18  self-insurers under ss. 624.462 and 624.4621, the assessable

19  mutuals under s. 628.601, and the self-insurers under this

20  chapter, which assessments shall become due and be paid

21  quarterly at the same time and in addition to the assessments

22  provided in s. 440.51. The division shall estimate annually in

23  advance the amount necessary for the administration of this

24  subsection and the maintenance of this fund and shall make

25  such assessment in the manner hereinafter provided.

26         2.  The annual assessment shall be calculated to

27  produce during the ensuing fiscal year an amount which, when

28  combined with that part of the balance in the fund on June 30

29  of the current fiscal year which is in excess of $100,000, is

30  equal to the average of:

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  1         a.  The sum of disbursements from the fund during the

  2  immediate past 3 calendar years, and

  3         b.  Two times the disbursements of the most recent

  4  calendar year.

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  6  Such amount shall be prorated among the insurance companies

  7  writing compensation insurance in the state and the

  8  self-insurers. Provided, however, for those carriers that have

  9  excluded ceded reinsurance premiums from their assessments on

10  or before January 1, 2000, no assessments on ceded reinsurance

11  premiums shall be paid by those carriers until such time as

12  the division advises each of those carriers of the impact that

13  the inclusion of ceded reinsurance premiums has on their

14  assessment.  The division may not recover any past

15  underpayments of assessments levied against any carrier that

16  excluded ceded reinsurance premiums from their assessment

17  prior to the point that the division advises of the

18  appropriate assessment that should have been paid.

19         3.  The net premiums written by the companies for

20  workers' compensation in this state and the net premium

21  written applicable to the self-insurers in this state are the

22  basis for computing the amount to be assessed as a percentage

23  of net premiums. Such payments shall be made by each carrier

24  insurance company and self-insurer to the division for the

25  Special Disability Trust Fund in accordance with such

26  regulations as the division prescribes.

27         4.  The Treasurer is authorized to receive and credit

28  to such Special Disability Trust Fund any sum or sums that may

29  at any time be contributed to the state by the United States

30  under any Act of Congress, or otherwise, to which the state

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  1  may be or become entitled by reason of any payments made out

  2  of such fund.

  3         Section 3.  Subsections (1), (2), and (3) of section

  4  440.51, Florida Statutes, are amended to read:

  5         440.51  Expenses of 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)  The division shall, by June 30 of as soon as

10  practicable after July 1 in each year, notify carriers and

11  self-insurers of the assessment rate, which shall be based

12  upon determine the anticipated expenses expense of

13  administration of this chapter for the next calendar preceding

14  fiscal year. Such assessment rate shall take effect January 1

15  of the next calendar year and shall be included in workers'

16  compensation rate filings approved by the Department of

17  Insurance which become effective on or after January 1 of the

18  next calendar year.  Assessments shall become due and be paid

19  quarterly. The expense of administration for such preceding

20  fiscal year shall be used as the basis for determining the

21  amount to be assessed against each carrier in order to provide

22  for the expenses of the administration of this chapter for the

23  current fiscal year.

24         (b)  The total expenses of administration shall be

25  prorated among the carriers insurance companies writing

26  compensation insurance in the state and self-insurers.  The

27  net premiums collected by the carriers companies and the

28  amount of premiums calculated by the division for self-insured

29  employers a self-insurer would have to pay if insured are the

30  basis for computing the amount to be assessed. When reporting

31  deductible policy premium for purposes of computing

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  1  assessments levied after January 1, 2001, full policy premium

  2  value shall be reported prior to application of deductible

  3  discounts or credits. This amount may be assessed as a

  4  specific amount or as a percentage of net premiums payable as

  5  the division may direct, provided such amount so assessed

  6  shall not exceed 2.75 4 percent of such net premiums.  The

  7  carriers insurance companies may elect to make the payments

  8  required under s. 440.15(1)(f)(e) rather than having these

  9  payments made by the division.  In that event, such payments

10  will be credited to the carriers insurance companies, and the

11  amount due by the carrier insurance company under this section

12  will be reduced accordingly.

13         (2)  The division shall provide by regulation for the

14  collection of the amounts assessed against each carrier.  Such

15  amounts shall be paid within 30 days from the date that notice

16  is served upon such carrier.  If such amounts are not paid

17  within such period, there may be assessed for each 30 days the

18  amount so assessed remains unpaid, a civil penalty equal to 10

19  percent of the amount so unpaid, which shall be collected at

20  the same time and a part of the amount assessed. The division

21  may recover underpayments of assessments from a carrier for

22  assessments levied against that carrier after July 1, 2000.

23  The division shall not recover any past underpayments of

24  assessments related to ceded reinsurance premiums from a

25  carrier for assessments levied against that carrier prior to

26  July 1, 2000.

27         (3)  If any carrier fails to pay the amounts assessed

28  against him or her under the provisions of this section within

29  60 days from the time such notice is served upon him or her,

30  the Department of Insurance upon being advised by the division

31  may suspend or revoke the authorization to insure compensation

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  1  in accordance with the procedure in s. 440.38(3)(a).  The

  2  division may permit a carrier to remit any underpayment of

  3  assessments for assessments levied after July 1, 2000,

  4  according to a payment schedule approved by the division.

  5         Section 4.  (1)  Effective upon this act becoming law,

  6  the Task Force on Workers' Compensation Administration is

  7  created for the purpose of examining the way in which the

  8  workers' compensation system is funded and administered.  The

  9  task force shall consist of seven members appointed as

10  follows:  three members appointed by the Governor, one of whom

11  shall serve as chair, two members appointed by the President

12  of the Senate, and two members appointed by the Speaker of the

13  House of Representatives.  Appointments shall be made no later

14  than July 1, 2000.

15         (2)  The task force shall submit recommendations to the

16  Governor, the President of the Senate, and the Speaker of the

17  House of Representatives concerning the following questions by

18  January 15, 2001:

19         (a)  How should the administration of the workers'

20  compensation system be funded:  through assessments, general

21  revenue, or some other source, and to what extent?

22         (b)  How should the funds be used to accomplish the

23  goal of administering the workers' compensation system in the

24  most cost-effective manner?

25         (c)  What services, functions, or entities, including

26  the Workers' Compensation Oversight Board, should be funded as

27  part of the administration of the workers' compensation

28  system?

29         (d)  What services and functions, including workplace

30  safety, if any, should be housed within the Division of

31  Workers' Compensation?

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  1         (e)  What cost savings could be achieved in the

  2  administration of the workers' compensation system, including

  3  the operations of the Division of Workers' Compensation?

  4         (f)  What organizational changes affecting the

  5  administration of the workers' compensation system, if any,

  6  should be made to make it more efficient?

  7         (3)  To assist the task force in its work, the

  8  Executive Office of the Governor shall contract for the

  9  completion of a budgetary and operational analysis of the

10  Division of Workers' Compensation, detailing the staffing of

11  the division, receipt and expenditure of revenues, reliability

12  of financial records and reports, and efficiency of internal

13  controls and procedures.  The Executive Office of the Governor

14  shall arrange for the study to be completed and transmitted to

15  the task force no later than September 1, 2000.

16         (4)  The sum of $250,000 is appropriated from the

17  Workers' Compensation Administration Trust Fund to the

18  Executive Office of the Governor for the purpose of funding

19  the study required in subsection (3).

20         Section 5.  If any provision of this act or its

21  application to any person or circumstance is held invalid, the

22  invalidity does not affect other provisions or applications of

23  the act which can be given effect without the invalid

24  provision or application, and to this end the provisions of

25  this act are severable.

26         Section 6.  Except as otherwise provided, this act

27  shall take effect July 1, 2000.

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    Florida House of Representatives - 2000                HB 2441

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  2                          HOUSE SUMMARY

  3
      Revises the Special Disability Trust Fund's annual
  4    assessment criteria relating to excluded ceded
      reinsurance premiums. Revises criteria for annual
  5    estimates of expenses of the Division of Workers'
      Compensation of the Department of Labor and Employment
  6    Security in administering chapter 440, Florida Statutes.
      Creates the Task Force on Workers' Compensation
  7    Administration to study the way in which the workers'
      compensation system is funded and administered and make
  8    recommendations to the Governor and the Legislature.

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