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



                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Fiscal Policy & Resources offered the

12  following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

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

19  440.38, Florida Statutes, are amended to read:

20         440.38  Security for compensation; insurance carriers

21  and self-insurers.--

22         (1)  Every employer shall secure the payment of

23  compensation under this chapter:

24         (a)  By insuring and keeping insured the payment of

25  such compensation with any stock company or mutual company or

26  association or exchange, authorized to do business in the

27  state;

28         (b)  By furnishing satisfactory proof to the Florida

29  Self-Insurers Guaranty Association, Incorporated, created in

30  s. 440.385, that it has the financial strength necessary to

31  assure timely payment of all current and future claims

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  division of its financial ability to pay such compensation

  2  individually and on behalf of its subsidiary and affiliated

  3  companies with employees in this state and receiving an

  4  authorization from the Department of Insurance division to pay

  5  such compensation directly. The association shall review the

  6  financial strength of applicants for membership, current

  7  members, and former members and make recommendations to the

  8  Department of Insurance regarding their qualifications to

  9  self-insure in accordance with this section and ss. 440.385

10  and 440.386. The department shall act in accordance with the

11  recommendations unless it finds by clear and convincing

12  evidence that the recommendations are erroneous. the following

13  provisions:

14         1.  As a condition of authorization under paragraph

15  (a), the association division may recommend that the

16  Department of Insurance require an employer to deposit with

17  the association division a qualifying security deposit. The

18  association division shall recommend determine the type and

19  amount of the qualifying security deposit and shall prescribe

20  conditions for the qualifying security deposit, which shall

21  include authorization for the association division to call the

22  qualifying security deposit in the case of default to pay

23  compensation awards and related expenses of the association.

24  In addition, the division shall require, As a condition to

25  authorization to self-insure, the employer shall provide proof

26  that the employer has provided for competent personnel with

27  whom to deliver benefits and to provide a safe working

28  environment. Further, The employer division shall also provide

29  evidence of require such employer to carry reinsurance at

30  levels that will ensure the financial strength and actuarial

31  soundness of such employer in accordance with rules adopted

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  promulgated by the Department of Insurance division. The

  2  Department of Insurance division may by rule require that, in

  3  the event of an individual self-insurer's insolvency, such

  4  qualifying security deposits and reinsurance policies are

  5  payable to the association Florida Self-Insurers Guaranty

  6  Association, Incorporated, created pursuant to s. 440.385. Any

  7  employer securing compensation in accordance with the

  8  provisions of this paragraph shall be known as a self-insurer

  9  and shall be classed as a carrier of her or his own insurance.

10  The employer shall, if requested, provide the association an

11  actuarial report signed by a member of the American Academy of

12  Actuaries providing an opinion of the appropriate present

13  value of the reserves, using a 4-percent discount rate, for

14  current and future compensation claims. If any member or

15  former member of the association refuses to timely provide

16  such a report, the association may obtain an order from a

17  circuit court requiring the member to produce such a report

18  and ordering any other relief that the court determines is

19  appropriate. The association may recover all reasonable costs

20  and attorney's fees in such proceedings.

21         2.  If the employer fails to maintain the foregoing

22  requirements, the association division shall recommend to the

23  Department of Insurance that it revoke the employer's

24  authority to self-insure, unless the employer provides to the

25  association division the certified opinion of an independent

26  actuary who is a member of the American Academy Society of

27  Actuaries as to the actuarial present value of the employer's

28  determined and estimated future compensation payments based on

29  cash reserves, using a 4-percent discount rate, and a

30  qualifying security deposit equal to 1.5 times the value so

31  certified. The employer shall thereafter annually provide such

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  a certified opinion until such time as the employer meets the

  2  requirements of subparagraph 1. The qualifying security

  3  deposit shall be adjusted at the time of each such annual

  4  report. Upon the failure of the employer to timely provide

  5  such opinion or to timely provide a security deposit in an

  6  amount equal to 1.5 times the value certified in the latest

  7  opinion, the association shall provide that information to the

  8  Department of Insurance along with a recommendation, and the

  9  Department of Insurance division shall then revoke such

10  employer's authorization to self-insure., and such Failure to

11  comply with this subparagraph constitutes shall be deemed to

12  constitute an immediate serious danger to the public health,

13  safety, or welfare sufficient to justify the summary

14  suspension of the employer's authorization to self-insure

15  pursuant to s. 120.68.

16         3.  Upon the suspension or revocation of the employer's

17  authorization to self-insure, the employer shall provide to

18  the association division and to the Florida Self-Insurers

19  Guaranty Association, Incorporated, created pursuant to s.

20  440.385 the certified opinion of an independent actuary who is

21  a member of the American Academy Society of Actuaries of the

22  actuarial present value of the determined and estimated future

23  compensation payments of the employer for claims incurred

24  while the member exercised the privilege of self-insurance,

25  using a discount rate of 4 percent. The employer shall provide

26  such an opinion at 6-month intervals thereafter until such

27  time as the latest opinion shows no remaining value of claims.

28  With each such opinion, the employer shall deposit with the

29  association division a qualifying security deposit in an

30  amount equal to the value certified by the actuary. The

31  association has a cause of action against an employer, and

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  against any successor of the employer, who fails to timely

  2  provide such opinion or who fails to timely maintain the

  3  required security deposit with the association division. The

  4  association shall recover a judgment in the amount of the

  5  actuarial present value of the determined and estimated future

  6  compensation payments of the employer for claims incurred

  7  while the employer exercised the privilege of self-insurance,

  8  together with attorney's fees.  For purposes of this section,

  9  the successor of an employer means any person, business

10  entity, or group of persons or business entities, which holds

11  or acquires legal or beneficial title to the majority of the

12  assets or the majority of the shares of the employer.

13         4.  A qualifying security deposit shall consist, at the

14  option of the employer, of:

15         a.  Surety bonds, in a form and containing such terms

16  as prescribed by the association division, issued by a

17  corporation surety authorized to transact surety business by

18  the Department of Insurance, and whose policyholders' and

19  financial ratings, as reported in A.M. Best's Insurance

20  Reports, Property-Liability, are not less than "A" and "V",

21  respectively.

22         b.  Irrevocable letters of credit in favor of the

23  association division issued by financial institutions located

24  within this state, the deposits of which are insured through

25  the Federal Deposit Insurance Corporation.

26         5.  The qualifying security deposit shall be held by

27  the association division exclusively for the benefit of

28  workers' compensation claimants. The security shall not be

29  subject to assignment, execution, attachment, or any legal

30  process whatsoever, except as necessary to guarantee the

31  payment of compensation under this chapter. No surety bond may

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  be terminated, and no letter of credit may be allowed to

  2  expire, without 90 days' prior written notice to the

  3  association division and the deposit by the self-insuring

  4  employer of some other qualifying security deposit of equal

  5  value within 10 business days after such notice. Failure to

  6  provide such written notice or failure to timely provide

  7  qualifying replacement security after such notice shall

  8  constitute grounds for the association division to call or sue

  9  upon the surety bond or to exercise its rights under a letter

10  of credit. Current self-insured employers must comply with

11  this section on or before December 31, 2001, or upon the

12  maturity of existing security deposits, whichever occurs

13  later. The Department of Insurance division may specify by

14  rule the amount of the qualifying security deposit required

15  prior to authorizing an employer to self-insure and the amount

16  of net worth required for an employer to qualify for

17  authorization to self-insure;

18         (c)  By entering into a contract with a public utility

19  under an approved utility-provided self-insurance program as

20  set forth in s. 624.46225 in effect as of July 1, 1983. The

21  division shall adopt rules to implement this paragraph;

22         (d)  By entering into an interlocal agreement with

23  other local governmental entities to create a local government

24  pool pursuant to s. 624.4622;

25         (e)  In accordance with s. 440.135, an employer, other

26  than a local government unit, may elect coverage under the

27  Workers' Compensation Law and retain the benefit of the

28  exclusiveness of liability provided in s. 440.11 by obtaining

29  a 24-hour health insurance policy from an authorized property

30  and casualty insurance carrier or an authorized life and

31  health insurance carrier, or by participating in a fully or

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  partially self-insured 24-hour health plan that is established

  2  or maintained by or for two or more employers, so long as the

  3  law of this state is not preempted by the Employee Retirement

  4  Income Security Act of 1974, Pub. L. No. 93-406, or any

  5  amendment to that law, which policy or plan must provide, for

  6  at least occupational injuries and illnesses, medical benefits

  7  that are comparable to those required by this chapter. A local

  8  government unit, as a single employer, in accordance with s.

  9  440.135, may participate in the 24-hour health insurance

10  coverage plan referenced in this paragraph. Disputes and

11  remedies arising under policies issued under this section are

12  governed by the terms and conditions of the policies and under

13  the applicable provisions of the Florida Insurance Code and

14  rules adopted under the insurance code and other applicable

15  laws of this state. The 24-hour health insurance policy may

16  provide for health care by a health maintenance organization

17  or a preferred provider organization. The premium for such

18  24-hour health insurance policy shall be paid entirely by the

19  employer. The 24-hour health insurance policy may use

20  deductibles and coinsurance provisions that require the

21  employee to pay a portion of the actual medical care received

22  by the employee. If an employer obtains a 24-hour health

23  insurance policy or self-insured plan to secure payment of

24  compensation as to medical benefits, the employer must also

25  obtain an insurance policy or policies that provide indemnity

26  benefits as follows:

27         1.  If indemnity benefits are provided only for

28  occupational-related disability, such benefits must be

29  comparable to those required by this chapter.

30         2.  If indemnity benefits are provided for both

31  occupational-related and nonoccupational-related disability,

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  such benefits must be comparable to those required by this

  2  chapter, except that they must be based on 60 percent of the

  3  average weekly wages.

  4         3.  The employer shall provide for each of its

  5  employees life insurance with a death benefit of $100,000.

  6         4.  Policies providing coverage under this subsection

  7  must use prescribed and acceptable underwriting standards,

  8  forms, and policies approved by the Department of Insurance.

  9  If any insurance policy that provides coverage under this

10  section is canceled, terminated, or nonrenewed for any reason,

11  the cancellation, termination, or nonrenewal is ineffective

12  until the self-insured employer or insurance carrier or

13  carriers notify the division and the Department of Insurance

14  of the cancellation, termination, or nonrenewal, and until the

15  division has actually received the notification. The division

16  must be notified of replacement coverage under a workers'

17  compensation and employer's liability insurance policy or plan

18  by the employer prior to the effective date of the

19  cancellation, termination, or nonrenewal; or

20         (f)  By entering into a contract with an individual

21  self-insurer under an approved individual

22  self-insurer-provided self-insurance program as set forth in

23  s. 624.46225. The division may adopt rules to administer this

24  subsection.

25         (2)(a)  The Department of Insurance division shall

26  adopt rules by which businesses may become qualified to

27  provide underwriting claims-adjusting, loss control, and

28  safety engineering services to self-insurers.

29         (b)  The Department of Insurance division shall adopt

30  rules requiring self-insurers to file any reports necessary to

31  fulfill the requirements of this chapter. Any self-insurer who

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  fails to file any report as prescribed by the rules adopted by

  2  the Department of Insurance division shall be subject to a

  3  civil penalty not to exceed $100 for each such failure.

  4         (3)(a)  The license of any stock company or mutual

  5  company or association or exchange authorized to do insurance

  6  business in the state shall for good cause, upon

  7  recommendation of the division, be suspended or revoked by the

  8  Department of Insurance.  No suspension or revocation shall

  9  affect the liability of any carrier already incurred.

10         (b)  The Department of Insurance division shall suspend

11  or revoke any authorization to a self-insurer for failure to

12  comply with this section or for good cause, as defined by rule

13  of the department division. No suspension or revocation shall

14  affect the liability of any self-insurer already incurred.

15         (c)  Violation of s. 440.381 by a self-insurance fund

16  shall result in the imposition of a fine not to exceed $1,000

17  per audit if the self-insurance fund fails to act on said

18  audits by correcting errors in employee classification or

19  accepted applications for coverage where it knew employee

20  classifications were incorrect. Such fines shall be levied by

21  the division and deposited into the Workers' Compensation

22  Administration Trust Fund.

23         Section 2.  Section 440.385, Florida Statutes, is

24  amended to read:

25         440.385  Florida Self-Insurers Guaranty Association,

26  Incorporated.--

27         (1)  CREATION OF ASSOCIATION.--

28         (a)  There is created a nonprofit corporation to be

29  known as the "Florida Self-Insurers Guaranty Association,

30  Incorporated," hereinafter referred to as "the association."

31  Upon incorporation of the association, all individual

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  self-insurers as defined in ss. 440.02(23)(a) and

  2  440.38(1)(b), other than individual self-insurers which are

  3  public utilities or governmental entities, shall be members of

  4  the association as a condition of their authority to

  5  individually self-insure in this state.  The association

  6  corporation shall perform its functions under a plan of

  7  operation as established and approved under subsection (5) and

  8  shall exercise its powers and duties through a board of

  9  directors as established under subsection (2). The association

10  corporation shall have those powers granted or permitted

11  associations corporations not for profit, as provided in

12  chapter 617. The activities of the association shall be

13  subject to review by the Department of Insurance. The

14  Department of Insurance shall have oversight responsibility as

15  set forth in this section. The association is specifically

16  authorized to enter into agreements with the State of Florida

17  to perform specified services.

18         (b)  A member may voluntarily withdraw from the

19  association when the member voluntarily terminates the

20  self-insurance privilege and pays all assessments due to the

21  date of such termination.  However, the withdrawing member

22  shall continue to be bound by the provisions of this section

23  relating to the period of his or her membership and any claims

24  charged pursuant thereto.  The withdrawing member who is a

25  member on or after January 1, 1991, shall also be required to

26  provide to the association division upon withdrawal, and at

27  12-month intervals thereafter, satisfactory proof, including,

28  if requested by the association, a report of known and

29  potential claims certified by a member of the American Academy

30  of Actuaries, that it continues to meet the standards of s.

31  440.38(1)(b)1. in relation to claims incurred while the

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  withdrawing member exercised the privilege of self-insurance.

  2  Such reporting shall continue until the withdrawing member

  3  demonstrates to satisfies the association division that there

  4  is no remaining value to claims incurred while the withdrawing

  5  member was self-insured. If a withdrawing member fails or

  6  refuses to timely provide an actuarial report to the

  7  association, the association may obtain an order from a

  8  circuit court requiring the member to produce such a report

  9  and ordering any other relief that the court determines

10  appropriate. The association is entitled to recover all

11  reasonable costs and attorney's fees expended in such

12  proceedings. If during this reporting period the withdrawing

13  member fails to meet the standards of s. 440.38(1)(b)1., the

14  withdrawing member who is a member on or after January 1,

15  1991, shall thereupon, and at 6-month intervals thereafter,

16  provide to the division and the association the certified

17  opinion of an independent actuary who is a member of the

18  American Academy Society of Actuaries of the actuarial present

19  value of the determined and estimated future compensation

20  payments of the member for claims incurred while the member

21  was a self-insurer, using a discount rate of 4 percent.  With

22  each such opinion, the withdrawing member shall deposit with

23  the association division security in an amount equal to the

24  value certified by the actuary and of a type that is

25  acceptable for qualifying security deposits under s.

26  440.38(1)(b).  The withdrawing member shall continue to

27  provide such opinions and to provide such security until such

28  time as the latest opinion shows no remaining value of claims.

29  The association has a cause of action against a withdrawing

30  member, and against any successor of a withdrawing member, who

31  fails to timely provide the required opinion or who fails to

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  maintain the required deposit with the association division.

  2  The association shall be entitled to recover a judgment in the

  3  amount of the actuarial present value of the determined and

  4  estimated future compensation payments of the withdrawing

  5  member for claims incurred during the time that the

  6  withdrawing member exercised the privilege of self-insurance,

  7  together with reasonable attorney's fees. The association is

  8  also entitled to recover reasonable attorney's fees in any

  9  action to compel production of any actuarial report required

10  by this statute. For purposes of this section, the successor

11  of a withdrawing member means any person, business entity, or

12  group of persons or business entities, which holds or acquires

13  legal or beneficial title to the majority of the assets or the

14  majority of the shares of the withdrawing member.

15         (2)  BOARD OF DIRECTORS.--The board of directors of the

16  association shall consist of nine persons and shall be

17  organized as established in the plan of operation. All board

18  members shall be experienced in self-insurance in this state.

19  With respect to initial appointments, the Secretary of Labor

20  and Employment Security shall, by July 15, 1982, approve and

21  appoint to the board persons who are experienced with

22  self-insurance in this state and who are recommended by the

23  individual self-insurers in this state required to become

24  members of the association pursuant to the provisions of

25  paragraph (1)(a). In the event the secretary finds that any

26  person so recommended does not have the necessary

27  qualifications for service on the board and a majority of the

28  board has been appointed, the secretary shall request the

29  directors thus far approved and appointed to recommend another

30  person for appointment to the board. Each director shall serve

31  for a 4-year term and may be reappointed.  Appointments after

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  January 1, 2002, other than initial appointments shall be made

  2  by the Department of Insurance Secretary of Labor and

  3  Employment Security upon recommendation of members of the

  4  association.  Any vacancy on the board shall be filled for the

  5  remaining period of the term in the same manner as

  6  appointments other than initial appointments are made. Each

  7  director shall be reimbursed for expenses incurred in carrying

  8  out the duties of the board on behalf of the association.

  9         (3)  POWERS AND DUTIES.--

10         (a)  Upon creation of the Insolvency Fund pursuant to

11  the provisions of subsection (4), the association is obligated

12  for payment of compensation under this chapter to insolvent

13  members' employees resulting from incidents and injuries

14  existing prior to the member becoming an insolvent member and

15  from incidents and injuries occurring within 30 days after the

16  member has become an insolvent member, provided the incidents

17  giving rise to claims for compensation under this chapter

18  occur during the year in which such insolvent member is a

19  member of the guaranty fund and was assessable pursuant to the

20  plan of operation, and provided the employee makes timely

21  claim for such payments according to procedures set forth by a

22  court of competent jurisdiction over the delinquency or

23  bankruptcy proceedings of the insolvent member. Such

24  obligation includes only that amount due the injured worker or

25  workers of the insolvent member under this chapter.  In no

26  event is the association obligated to a claimant in an amount

27  in excess of the obligation of the insolvent member.  The

28  association shall be deemed the insolvent employer for

29  purposes of this chapter to the extent of its obligation on

30  the covered claims and, to such extent, shall have all rights,

31  duties, and obligations of the insolvent employer as if the

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  employer had not become insolvent. However, in no event shall

  2  the association be liable for any penalties or interest.

  3         (b)  The association may:

  4         1.  Employ or retain such persons as are necessary to

  5  handle claims and perform other duties of the association.

  6         2.  Borrow funds necessary to effect the purposes of

  7  this section in accord with the plan of operation.

  8         3.  Sue or be sued.

  9         4.  Negotiate and become a party to such contracts as

10  are necessary to carry out the purposes of this section.

11         5.  Purchase such reinsurance as is determined

12  necessary pursuant to the plan of operation.

13         6.  Review all applicants for membership in the

14  association to determine whether the applicant is qualified

15  for membership under the law.  The association shall recommend

16  to the Department of Insurance that the application be

17  accepted or rejected based on the criteria set forth in s.

18  440.38(1)(b).  The Department of Insurance shall approve or

19  disapprove the application as provided in paragraph (6)(a).

20  Prior to a final determination by the Division of Workers'

21  Compensation as to whether or not to approve any applicant for

22  membership in the association, the association may issue

23  opinions to the division concerning any applicant, which

24  opinions shall be considered by the division prior to any

25  final determination.

26         7.  Collect and review financial information from

27  employers and make recommendations to the Department of

28  Insurance regarding the appropriate security deposit and

29  reinsurance amounts necessary for an employer to demonstrate

30  that it has the financial strength necessary to assure the

31  timely payment of all current and future claims. The

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  association may audit and examine an employer to verify the

  2  financial strength of its current and former members. If the

  3  association determines that a current or former self-insured

  4  employer does not have the financial strength necessary to

  5  assure the timely payment of all current and estimated future

  6  claims, the association may recommend to the Department of

  7  Insurance that the department:

  8         a.  Revoke the employer's self-insurance privilege.

  9         b.  Require the employer to provide a certified opinion

10  of an independent actuary who is a member of the American

11  Academy of Actuaries as to the actuarial present value of the

12  employer's estimated current and future compensation payments,

13  using a 4-percent discount rate.

14         c.  Require an increase in the employer's security

15  deposit in an amount determined by the association to be

16  necessary to assure payment of compensation claims.  The

17  Department of Insurance shall act on such recommendations as

18  provided in paragraph (6)(a).  The association has a cause of

19  action against an employer, and against any successor of an

20  employer, who fails to provide an additional security deposit

21  required by the Department of Insurance.  The association

22  shall recover a judgment in the amount of the requested

23  additional security deposit together with reasonable

24  attorney's fees.  For the purposes of this section, the

25  successor of an employer is any person, business entity, or

26  group of persons or business entities which holds or acquires

27  legal or beneficial title to the majority of the assets or the

28  majority of the shares of the employer.

29         8.7.  Charge fees to any member of the association to

30  cover the actual costs of examining the financial and safety

31  conditions of that member.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1         9.8.  Charge an applicant for membership in the

  2  association a fee sufficient to cover the actual costs of

  3  examining the financial condition of the applicant.

  4         10.  Implement any procedures necessary to ensure

  5  compliance with regulatory actions taken by the Department of

  6  Insurance.

  7         (c)1.  To the extent necessary to secure funds for the

  8  payment of covered claims and also to pay the reasonable costs

  9  to administer them, the association, subject to approval by

10  the Department of Insurance Labor and Employment Security,

11  upon certification of the board of directors, shall levy

12  assessments based on the annual written normal premium each

13  employer would have paid had the employer not been

14  self-insured. Every assessment shall be made as a uniform

15  percentage of the figure applicable to all individual

16  self-insurers, provided that the assessment levied against any

17  self-insurer in any one year shall not exceed 1 percent of the

18  annual written normal premium during the calendar year

19  preceding the date of the assessment. Assessments shall be

20  remitted to and administered by the board of directors in the

21  manner specified by the approved plan.  Each employer so

22  assessed shall have at least 30 days' written notice as to the

23  date the assessment is due and payable.  The association shall

24  levy assessments against any newly admitted member of the

25  association so that the basis of contribution of any newly

26  admitted member is the same as previously admitted members,

27  provision for which shall be contained in the plan of

28  operation.

29         2.  If, in any one year, funds available from such

30  assessments, together with funds previously raised, are not

31  sufficient to make all the payments or reimbursements then

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  owing, the funds available shall be prorated, and the unpaid

  2  portion shall be paid as soon thereafter as sufficient

  3  additional funds become available.

  4         3.  Funds may be allocated or paid from the Workers'

  5  Compensation Administration Trust Fund to contract with the

  6  association to perform services required by law. However, no

  7  state funds of any kind shall be allocated or paid to the

  8  association or any of its accounts for payment of covered

  9  claims or related expenses except those state funds accruing

10  to the association by and through the assignment of rights of

11  an insolvent employer. The Department of Insurance may not

12  levy any assessment on the Florida Self-Insurance Guaranty

13  Association.

14         (4)  INSOLVENCY FUND.--Upon the adoption of a plan of

15  operation or the adoption of rules by the Department of Labor

16  and Employment Security pursuant to subsection (5), there

17  shall be created an Insolvency Fund to be managed by the

18  association.

19         (a)  The Insolvency Fund is created for purposes of

20  meeting the obligations of insolvent members incurred while

21  members of the association and after the exhaustion of any

22  security deposit bond, as required under this chapter.

23  However, if such security deposit bond, surety, or reinsurance

24  policy is payable to the Florida Self-Insurers Guaranty

25  Association, the association shall commence to provide

26  benefits out of the Insolvency Fund and be reimbursed from the

27  security deposit bond, surety, or reinsurance policy.  The

28  method of operation of the Insolvency Fund shall be defined in

29  the plan of operation as provided in subsection (5).

30         (b)  The Department of Insurance shall have the

31  authority to audit the financial soundness of the Insolvency

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  Fund annually.

  2         (c)  The Department of Insurance may offer certain

  3  amendments to the plan of operation to the board of directors

  4  of the association for purposes of assuring the ongoing

  5  financial soundness of the Insolvency Fund and its ability to

  6  meet the obligations of this section.

  7         (d)  The department actuary may make certain

  8  recommendations to improve the orderly payment of claims.

  9         (5)  PLAN OF OPERATION.--The association shall operate

10  pursuant to a plan of operation approved by the board of

11  directors.  The plan of operation in effect on January 1,

12  2002, and approved by the Department of Labor and Employment

13  Security shall remain in effect. However, any amendments to

14  the plan shall not become effective until approved by the

15  Department of Insurance. By September 15, 1982, the board of

16  directors shall submit to the Department of Labor and

17  Employment Security a proposed plan of operation for the

18  administration of the association and the Insolvency Fund.

19         (a)  The purpose of the plan of operation shall be to

20  provide the association and the board of directors with the

21  authority and responsibility to establish the necessary

22  programs and to take the necessary actions to protect against

23  the insolvency of a member of the association.  In addition,

24  the plan shall provide that the members of the association

25  shall be responsible for maintaining an adequate Insolvency

26  Fund to meet the obligations of insolvent members provided for

27  under this act and shall authorize the board of directors to

28  contract and employ those persons with the necessary expertise

29  to carry out this stated purpose. By January 1, 2003, the

30  board of directors shall submit to the Department of Insurance

31  a proposed plan of operation for the administration of the

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  association. The Department of Insurance shall approve the

  2  plan by order, consistent with this section. The Department of

  3  Insurance shall approve any amendments to the plan, consistent

  4  with this section, which are determined appropriate to carry

  5  out the duties and responsibilities of the association.

  6         (b)  The plan of operation, and any amendments thereto,

  7  shall take effect upon approval in writing by the department.

  8  If the board of directors fails to submit a plan by September

  9  15, 1982, or fails to make required amendments to the plan

10  within 30 days thereafter, the department shall promulgate

11  such rules as are necessary to effectuate the provisions of

12  this subsection.  Such rules shall continue in force until

13  modified by the department or superseded by a plan submitted

14  by the board of directors and approved by the department.

15         (b)(c)  All member employers shall comply with the plan

16  of operation.

17         (c)(d)  The plan of operation shall:

18         1.  Establish the procedures whereby all the powers and

19  duties of the association under subsection (3) will be

20  performed.

21         2.  Establish procedures for handling assets of the

22  association.

23         3.  Establish the amount and method of reimbursing

24  members of the board of directors under subsection (2).

25         4.  Establish procedures by which claims may be filed

26  with the association and establish acceptable forms of proof

27  of covered claims.  Notice of claims to the receiver or

28  liquidator of the insolvent employer shall be deemed notice to

29  the association or its agent, and a list of such claims shall

30  be submitted periodically to the association or similar

31  organization in another state by the receiver or liquidator.

                                  19

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1         5.  Establish regular places and times for meetings of

  2  the board of directors.

  3         6.  Establish procedures for records to be kept of all

  4  financial transactions of the association and its agents and

  5  the board of directors.

  6         7.  Provide that any member employer aggrieved by any

  7  final action or decision of the association may appeal to the

  8  Department of Insurance within 30 days after the action or

  9  decision.

10         8.  Establish the procedures whereby recommendations of

11  candidates for the board of directors shall be submitted to

12  the Department of Insurance.

13         9.  Contain additional provisions necessary or proper

14  for the execution of the powers and duties of the association.

15         (d)(e)  The plan of operation may provide that any or

16  all of the powers and duties of the association, except those

17  specified under subparagraphs (c)(d)1. and 2., be delegated to

18  a corporation, association, or other organization which

19  performs or will perform functions similar to those of this

20  association or its equivalent in two or more states.  Such a

21  corporation, association, or organization shall be reimbursed

22  as a servicing facility would be reimbursed and shall be paid

23  for its performance of any other functions of the association.

24  A delegation of powers or duties under this subsection shall

25  take effect only with the approval of both the board of

26  directors and the Department of Insurance and may be made only

27  to a corporation, association, or organization which extends

28  protection which is not substantially less favorable and

29  effective than the protection provided by this section.

30         (6)  POWERS AND DUTIES OF DEPARTMENT OF INSURANCE LABOR

31  AND EMPLOYMENT SECURITY.--

                                  20

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1         (a)  The Department of Insurance shall:

  2         (a)  Review recommendations of the association

  3  concerning whether current or former self-insured employers or

  4  members of the association have the financial strength

  5  necessary to ensure the timely payment of all current and

  6  estimated future claims.  If the association determines an

  7  employer does not have the financial strength necessary to

  8  ensure the timely payment of all current and future claims and

  9  recommends action pursuant to paragraph (3)(b), the Department

10  of Insurance shall take such action as necessary to order the

11  employer to comply with the recommendation, unless the

12  department finds by clear and convincing evidence that the

13  recommendation is erroneous.

14         (b)  Contract with the association for services, which

15  may include, but are not limited to:

16         1.  Processing applications for self-insurance.

17         2.  Collecting and reviewing financial statements and

18  loss reserve information from individual self-insurers.

19         3.  Collecting and maintaining files for original

20  security deposit documents and reinsurance policies from

21  individual self-insurers and, if necessary, perfecting

22  security interests in security deposits.

23         4.  Processing compliance documentation for individual

24  self-insurers and providing the same to the department.

25         5.  Collecting all data necessary to calculate annual

26  premium for all individual self-insurers, including individual

27  self-insurers that are public utilities or governmental

28  entities, and providing such calculated annual premium to the

29  division for assessment purposes.

30         6.  Inspecting and auditing annually, if necessary, the

31  payroll and other records of each individual self-insurer,

                                  21

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  including individual self-insurers that are public utilities

  2  or governmental entities, in order to determine the wages paid

  3  by each individual self-insurer, the premium such individual

  4  self-insurer would have to pay if insured, and all payments of

  5  compensation made by such individual self-insurer during each

  6  prior period with the results of such audit provided to the

  7  division. For the purposes of this section, the payroll

  8  records of each individual self-insurer shall be open to

  9  inspection and audit by the association and the Department of

10  Insurance, or their authorized representatives, during regular

11  business hours.

12         7.  Processing applications and making recommendations

13  with respect to the qualification of a business to be approved

14  to provide, or to continue to provide, services to individual

15  self-insurers in the areas of underwriting, claims adjusting,

16  loss control, and safety engineering.

17         8.  Providing legal representation to implement the

18  administration and audit of individual self-insurers and

19  making recommendations regarding prosecution of any

20  administrative or legal proceedings necessitated by the

21  regulation of the individual self-insurers by the Department

22  of Insurance.

23         (c)  Contract with an attorney or attorneys recommended

24  by the association for representation of the Department of

25  Insurance in any administrative or legal proceedings

26  necessitated by the recommended regulation of the individual

27  self-insurers.

28         1.  Notify the association of the existence of an

29  insolvent employer not later than 3 days after it receives

30  notice of the determination of insolvency.

31         2.  Upon request of the board of directors, provide the

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  association with a statement of the annual normal premiums of

  2  each member employer.

  3         (b)  The department may:

  4         (d)1.  Direct the association to require from each

  5  individual self-insurer, at such time and in accordance with

  6  such regulations as the Department of Insurance prescribes,

  7  reports in respect to wages paid, the amount of premiums such

  8  individual self-insurer would have to pay if insured, and all

  9  payments of compensation made by such individual self-insurer

10  during each prior period and determine the amounts paid by

11  each individual self-insurer and the amounts paid by all

12  individual self-insurers during such period. For the purposes

13  of this section, the payroll records of each individual

14  self-insurer shall be open to annual inspection and audit by

15  the association and the Department of Insurance, or their

16  authorized representative, during regular business hours, and

17  if any audit of such records of an individual self-insurer

18  discloses a deficiency in the amount reported to the

19  association or in the amounts paid to the division by an

20  individual self-insurer for its assessment for the Workers'

21  Compensation Administration Trust Fund, the Department of

22  Insurance or the association may assess the cost of such audit

23  against the individual self-insurer.

24         (e)  Require that the association notify the member

25  employers and any other interested parties of the

26  determination of insolvency and of their rights under this

27  section.  Such notification shall be by mail at the last known

28  address thereof when available; but, if sufficient information

29  for notification by mail is not available, notice by

30  publication in a newspaper of general circulation shall be

31  sufficient.

                                  23

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1         (f)2.  Suspend or revoke the authority of any member

  2  employer failing to pay an assessment when due or failing to

  3  comply with the plan of operation to self-insure in this

  4  state. As an alternative, the Department of Insurance may levy

  5  a fine on any member employer failing to pay an assessment

  6  when due.  Such fine shall not exceed 5 percent of the unpaid

  7  assessment per month, except that no fine shall be less than

  8  $100 per month.

  9         (g)3.  Revoke the designation of any servicing facility

10  if the Department of Insurance finds that claims are being

11  handled unsatisfactorily.

12         (7)  EFFECT OF PAID CLAIMS.--

13         (a)  Any person who recovers from the association under

14  this section shall be deemed to have assigned his or her

15  rights to the association to the extent of such recovery.

16  Every claimant seeking the protection of this section shall

17  cooperate with the association to the same extent as such

18  person would have been required to cooperate with the

19  insolvent member.  The association shall have no cause of

20  action against the employee of the insolvent member for any

21  sums the association has paid out, except such causes of

22  action as the insolvent member would have had if such sums had

23  been paid by the insolvent member.  In the case of an

24  insolvent member operating on a plan with assessment

25  liability, payments of claims by the association shall not

26  operate to reduce the liability of the insolvent member to the

27  receiver, liquidator, or statutory successor for unpaid

28  assessments.

29         (b)  The receiver, liquidator, or statutory successor

30  of an insolvent member shall be bound by settlements of

31  covered claims by the association or a similar organization in

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  another state.  The court having jurisdiction shall grant such

  2  claims priority against the assets of the insolvent member

  3  equal to that to which the claimant would have been entitled

  4  in the absence of this section. The expense of the association

  5  or similar organization in handling claims shall be accorded

  6  the same priority as the expenses of the liquidator.

  7         (c)  The association shall file periodically with the

  8  receiver or liquidator of the insolvent member statements of

  9  the covered claims paid by the association and estimates of

10  anticipated claims on the association, which shall preserve

11  the rights of the association against the assets of the

12  insolvent member.

13         (8)  NOTIFICATION PREVENTION OF INSOLVENCIES.--To aid

14  in the detection and prevention of employer insolvencies:

15         (a)  upon determination by majority vote that any

16  member employer may be insolvent or in a financial condition

17  hazardous to the employees thereof or to the public, it shall

18  be the duty of the board of directors to notify the Department

19  of Insurance Labor and Employment Security of any information

20  indicating such condition.

21         (b)  The board of directors may, upon majority vote,

22  request that the department determine the condition of any

23  member employer which the board in good faith believes may no

24  longer be qualified to be a member of the association.  Within

25  30 days of the receipt of such request or, for good cause

26  shown, within a reasonable time thereafter, the department

27  shall make such determination and shall forthwith advise the

28  board of its findings. Each request for a determination shall

29  be kept on file by the department, but the request shall not

30  be open to public inspection prior to the release of the

31  determination to the public.

                                  25

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1         (c)  It shall also be the duty of the department to

  2  report to the board of directors when it has reasonable cause

  3  to believe that a member employer may be in such a financial

  4  condition as to be no longer qualified to be a member of the

  5  association.

  6         (d)  The board of directors may, upon majority vote,

  7  make reports and recommendations to the department upon any

  8  matter which is germane to the solvency, liquidation,

  9  rehabilitation, or conservation of any member employer. Such

10  reports and recommendations shall not be considered public

11  documents.

12         (e)  The board of directors may, upon majority vote,

13  make recommendations to the department for the detection and

14  prevention of employer insolvencies.

15         (f)  The board of directors shall, at the conclusion of

16  any member's insolvency in which the association was obligated

17  to pay covered claims, prepare a report on the history and

18  cause of such insolvency, based on the information available

19  to the association, and shall submit such report to the

20  department.

21         (9)  EXAMINATION OF THE ASSOCIATION.--The association

22  shall be subject to examination and regulation by the

23  Department of Insurance Labor and Employment Security.  No

24  later than March 30 of each year, the board of directors shall

25  submit an audited a financial statement report for the

26  preceding calendar year in a form approved by the Department

27  of Insurance.

28         (10)  IMMUNITY.--There shall be no liability on the

29  part of, and no cause of action of any nature shall arise

30  against, any member employer, the association or its agents or

31  employees, the board of directors, or the Department of

                                  26

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  Insurance Labor and Employment Security or its representatives

  2  for any action taken by them in the performance of their

  3  powers and duties under this section.

  4         (11)  STAY OF PROCEEDINGS; REOPENING OF DEFAULT

  5  JUDGMENTS.--All proceedings in which an insolvent employer is

  6  a party, or is obligated to defend a party, in any court or

  7  before any quasi-judicial body or administrative board in this

  8  state shall be stayed for up to 6 months, or for such

  9  additional period from the date the employer becomes an

10  insolvent member, as is deemed necessary by a court of

11  competent jurisdiction to permit proper defense by the

12  association of all pending causes of action as to any covered

13  claims arising from a judgment under any decision, verdict, or

14  finding based on the default of the insolvent member. The

15  association, either on its own behalf or on behalf of the

16  insolvent member, may apply to have such judgment, order,

17  decision, verdict, or finding set aside by the same court or

18  administrator that made such judgment, order, decision,

19  verdict, or finding and shall be permitted to defend against

20  such claim on the merits.  If requested by the association,

21  the stay of proceedings may be shortened or waived.

22         (12)  LIMITATION ON CERTAIN ACTIONS.--Notwithstanding

23  any other provision of this chapter, a covered claim, as

24  defined herein, with respect to which settlement is not

25  effected and pursuant to which suit is not instituted against

26  the insured of an insolvent member or the association within 1

27  year after the deadline for filing claims with the receiver of

28  the insolvent member, or any extension of the deadline, shall

29  thenceforth be barred as a claim against the association.

30         (13)  CORPORATE INCOME TAX CREDIT.--Any sums acquired

31  by a member by refund, dividend, or otherwise from the

                                  27

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  association shall be payable within 30 days of receipt to the

  2  Department of Insurance Insurance for deposit with the

  3  Treasurer to the credit of the General Insurance Fund.  All

  4  provisions of chapter 220 relating to penalties and interest

  5  on delinquent corporate income tax payments apply to payments

  6  due under this subsection.

  7         Section 3.  Subsections (2), (3), and (4) of section

  8  440.386, Florida Statutes, are amended to read:

  9         440.386  Individual self-insurers' insolvency;

10  conservation; liquidation.--

11         (2)  COMMENCEMENT OF DELINQUENCY PROCEEDING.--The

12  Department of Insurance or the Florida Self-Insurers Guaranty

13  Association, Incorporated, may commence a delinquency any such

14  proceeding by application to the court for an order directing

15  the individual self-insurer to show cause why the Department

16  of Insurance or association should not have the relief sought

17  prayed for. The Florida Self-Insurers Guaranty Association,

18  Incorporated, may petition the department to commence such

19  proceedings, and upon receipt of such petition, the department

20  shall commence such proceeding.  On the return of such order

21  to show cause, and after a full hearing, the court shall

22  either deny the application or grant the application, together

23  with such other relief as the nature of the case and the

24  interests of the claimants, creditors, stockholders, members,

25  subscribers, or public may require.  The Department of

26  Insurance and the association shall give Florida Self-Insurers

27  Guaranty Association, Incorporated, shall be given reasonable

28  written notice to each other by the department of all hearings

29  which pertain to an adjudication of insolvency of a member

30  individual self-insurer.

31         (3)  GROUNDS FOR LIQUIDATION.--The Department of

                                  28

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  Insurance or the association Insurance may apply to the court

  2  for an order appointing a receiver and directing the receiver

  3  to liquidate the business of a domestic individual

  4  self-insurer if such individual self-insurer is insolvent.

  5  Florida Self-Insurers Guaranty Association, Incorporated, may

  6  petition the department to apply to the court for such order.

  7  Upon receipt of such petition, the department shall apply to

  8  the court for such order.

  9         (4)  GROUNDS FOR CONSERVATION; FOREIGN INDIVIDUAL

10  SELF-INSURERS.--

11         (a)  The Department of Insurance or the association may

12  apply to the court for an order appointing a receiver or

13  ancillary receiver, and directing the receiver to conserve the

14  assets within this state, of a foreign individual self-insurer

15  if such individual self-insurer is insolvent.  Florida

16  Self-Insurers Guaranty Association, Incorporated, may petition

17  the department to apply for such order, and, upon receipt of

18  such petition, the department shall apply to the court for

19  such order.

20         (b)  An order to conserve the assets of an individual

21  self-insurer shall require the receiver forthwith to take

22  possession of the property of the receiver within the state

23  and to conserve it, subject to the further direction of the

24  court.

25         Section 4.  Subsection (3) of section 440.24, Florida

26  Statutes, is amended to read:

27         440.24  Enforcement of compensation orders;

28  penalties.--

29         (3)  In any case where the employer is a self-insurer

30  and fails to comply with any compensation order of a judge of

31  compensation claims or court within 10 days after such order

                                  29

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  becomes final, the Department of Insurance division may

  2  suspend or revoke any authorization previously given to the

  3  employer to be become a self-insurer, and the Florida

  4  Self-Insurer's Guaranty Association division may call or sue

  5  upon the surety bond or exercise its rights under the letter

  6  of credit sell such of the securities deposited by the such

  7  self-insurer with the Florida Self-Insurer's Guaranty

  8  Association as a qualifying security deposit division as may

  9  be necessary to satisfy the such order.

10         Section 5.  Subsection (6) of section 440.51, Florida

11  Statutes, is amended to read:

12         440.51  Expenses of administration.--

13         (6)(a)  The division may require from each carrier, at

14  such time and in accordance with such regulations as the

15  division may prescribe, reports in respect to all gross earned

16  premiums and of all payments of compensation made by such

17  carrier during each prior period, and may determine the

18  amounts paid by each carrier and the amounts paid by all

19  carriers during such period.

20         (b)  The Department of Insurance may require from each

21  self-insurer, at such time and in accordance with such

22  regulations as the Department of Insurance prescribes, reports

23  in respect to wages paid, the amount of premiums such

24  self-insurer would have to pay if insured, and all payments of

25  compensation made by such self-insurer during each prior

26  period, and may determine the amounts paid by each

27  self-insurer and the amounts paid by all self-insurers during

28  such period. For the purposes of this section, the payroll

29  records of each self-insurer shall be open to annual

30  inspection and audit by the Department of Insurance or its

31  authorized representative, during regular business hours; and

                                  30

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1  if any audit of such records of a self-insurer discloses a

  2  deficiency in the amounts reported to the Department of

  3  Insurance or in the amounts paid to the Department of

  4  Insurance by a self-insurer pursuant to this section, the

  5  Department of Insurance may assess the cost of such audit

  6  against the self-insurer.

  7         Section 6.  All powers, duties, functions, rules,

  8  records, and property of the Division of Workers' Compensation

  9  of the Department of Labor and Employment Security related to

10  the regulation of individual, self-insured employers under

11  chapter 440, Florida Statutes, are transferred to the

12  Department of Insurance.

13         Section 7.  The sum of $183,750 is appropriated from

14  the Workers' Compensation Administration Trust Fund of the

15  Department of Labor and Employment Security to the Department

16  of Insurance for the purpose of contracting with the Florida

17  Self-Insured Guaranty Association to carry out the provisions

18  of this act during the 2002-2003 fiscal year.

19         Section 8.  Six full-time equivalent positions within

20  the Division of Workers' Compensation of the Department of

21  Labor and Employment Security responsible for the regulation

22  and oversight of self-insured employers are eliminated.

23         Section 9.  This act shall take effect October 1, 2002.

24

25

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

27  And the title is amended as follows:

28         On page 1, line 2,

29  remove:  all of said lines,

30

31  and insert:

                                  31

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1         self-insurers; amending s. 440.38, F.S.;

  2         transferring operation of provisions requiring

  3         the securing of payment of compensation by

  4         employers from the Division of Workers'

  5         Compensation of the Department of Labor and

  6         Employment Security to the Florida

  7         Self-Insurer's Guaranty Association,

  8         Incorporated, and the Department of Insurance;

  9         revising and clarifying requirements and

10         procedures; providing powers and duties of the

11         association and the departments; providing for

12         allocation or payment of state funds to the

13         association for certain purposes; providing

14         rulemaking authority; amending s. 440.385,

15         F.S.; revising and clarifying provisions

16         relating to the association's creation, board

17         of directors, powers and duties, insolvency

18         fund, and plan of operation; providing

19         additional powers of the association;

20         transferring the powers and duties of the

21         Department of Labor and Employment Security

22         relating to the association to the Department

23         of Insurance and revising such powers and

24         duties; providing additional powers and duties

25         of the Department of Insurance; providing for

26         oversight of the association by the department;

27         deleting certain provisions relating to

28         detection and prevention of employer

29         insolvencies; amending s. 440.386, F.S.;

30         providing parity for the association with the

31         Department of Insurance relating to proceedings

                                  32

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 319

    Amendment No. 1 (for drafter's use only)





  1         for delinquency, liquidation, and conservation

  2         of assets; amending s. 440.24, F.S.; providing

  3         for the sale of securities on deposit to

  4         satisfy a compensation order; amending s.

  5         440.51, F.S.; eliminating provisions

  6         authorizing the Department of Insurance to

  7         require that self-insurers make certain

  8         reports; eliminating provisions authorizing

  9         certain audits; transferring the powers,

10         duties, functions, rules, records, and property

11         relating to the regulation of individual,

12         self-insured employers by the Department of

13         Labor and Employment Security to the Department

14         of Insurance; providing an appropriation;

15         eliminating specified positions; providing an

16         effective date.

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