Senate Bill sb2394

    Florida Senate - 2002                                  SB 2394

    By Senator Wise





    6-1577-02

  1                      A bill to be entitled

  2         An act relating to workers' compensation and

  3         employer's liability insurances; amending s.

  4         627.291, F.S.; providing that reimbursement or

  5         recovery from the Special Disability Trust Fund

  6         will not result in a modification of an insured

  7         employer's experience-modification factor for

  8         policies in effect before a specified date;

  9         providing an effective date.

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

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13         Section 1.  Section 627.291, Florida Statutes, is

14  amended to read:

15         627.291  Information to be furnished insureds; appeal

16  by insureds; workers' compensation and employer's liability

17  insurances; experience-modification factor.--

18         (1)  As to workers' compensation and employer's

19  liability insurances, every rating organization and every

20  insurer which makes its own rates shall, within a reasonable

21  time after receiving written request therefor and upon payment

22  of such reasonable charge as it may make, furnish to any

23  insured affected by a rate made by it, or to the authorized

24  representative of such insured, all pertinent information as

25  to such rate.

26         (2)  As to workers' compensation and employer's

27  liability insurances, every rating organization and every

28  insurer which makes its own rates shall provide within this

29  state reasonable means whereby any person aggrieved by the

30  application of its rating system may be heard, in person or by

31  his or her authorized representative, on his or her written

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






    Florida Senate - 2002                                  SB 2394
    6-1577-02




  1  request to review the manner in which such rating system has

  2  been applied in connection with the insurance afforded him or

  3  her.  If the rating organization or insurer fails to grant or

  4  rejects such request within 30 days after it is made, the

  5  applicant may proceed in the same manner as if his or her

  6  application had been rejected.  Any party affected by the

  7  action of such rating organization or insurer on such request

  8  may, within 30 days after written notice of such action,

  9  appeal to the department, which may affirm or reverse such

10  action.

11         (3)  As to workers' compensation and employer's

12  liability insurances, every rating organization and every

13  insurer that makes its own rates shall provide that any

14  reimbursement or recovery from the Special Disability Trust

15  Fund created in s. 440.49 will not result in the alteration,

16  correction, or modification of an insured employer's

17  experience-modification factor for policies in effect before

18  January 1, 1998.

19         Section 2.  This act shall take effect July 1, 2002.

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22                          SENATE SUMMARY

23    Provides that reimbursement or recovery from the Special
      Disability Trust Fund will not result in a modification
24    of an insured employer's experience-modification factor
      for workers' compensation and employer's liability
25    insurance policies that were in effect before January 1,
      1998.
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CODING: Words stricken are deletions; words underlined are additions.