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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2532

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Horne moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 7, between lines 12 and 13,

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16  insert:

17         Section 6.  Paragraph (a) of subsection (1) of section

18  440.50, Florida Statutes, is amended to read:

19         440.50  Workers' Compensation Administration Trust

20  Fund.--

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

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

23  Administration Trust Fund" for the purpose of providing for

24  the payment of all expenses in respect to the administration

25  of this chapter, including the vocational rehabilitation of

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

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

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

29  Workers' Compensation Fraud within the Department of

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

31         Section 7.  Subsections (13) and (14) are added to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2532

    Amendment No.    





 1  section 440.51, Florida Statutes, to read:

 2         440.51  Expenses of administration.--

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

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

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

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

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

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

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

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

11  premiums.

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

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

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

15  gross written premiums reported to the division are less than

16  $30 million, the division shall transfer to the plan an amount

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

18  calendar year.

19         Section 8.  Paragraph (g) of subsection (4) of section

20  627.311, Florida Statutes, is amended to read:

21         627.311  Joint underwriters and joint reinsurers.--

22         (4)

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

24  90 days, provide the department with a program to eliminate

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

26  funded both through increased premiums charged to insureds of

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

28  surplus attributable to any year, and through assessments on

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

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31  (Redesignate subsequent sections.)

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2532

    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 1, line 17, following the semicolon

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 5  insert:

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

 7         of the Workers' Compensation Administration

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

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

10         for purposes of administering the workers'

11         administration program; providing for transfer

12         of funds to the workers' compensation joint

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

14         providing for funding a deficit in the workers'

15         compensation joint underwriting plan through

16         policyholder surplus;

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