HOUSE AMENDMENT Bill No. HB 1837 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Ross offered the following:
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14	Amendment (with directory and title amendments)
15	Remove line(s) 4586-4596, and insert:
16	Section 27. Paragraph (b) of subsection (1) of section
17	440.38, Florida Statutes, is amended, and subsection (7) is
18	added to said section, to read:
19	440.38 Security for compensation; insurance carriers and
20	self-insurers.--
21	(1) Every employer shall secure the payment of
22	compensation under this chapter:
23	(b) By furnishing satisfactory proof to the Florida Self-
24	Insurers Guaranty Association, Incorporated, created in s.
25	440.385, that it has the financial strength necessary to ensure
26	timely payment of all current and future claims individually and
27	on behalf of its subsidiary and affiliated companies with
28	employees in this state and receiving an authorization from the
29	Department of Insurance to pay such compensation directly. The
30	association shall review the financial strength of applicants
31	for membership, current members, and former members and make
32	recommendations to the Department of Insurance regarding their
33	qualifications to self-insure in accordance with this section
34	and ss. 440.385 and 440.386. The department shall make all
35	determinations with regard to qualifications to self-insureact
36	in accordance with the recommendations unless it finds by clear
37	and convincing evidence that the recommendations are erroneous.
38	(7) Any employer who meets the requirements of subsection
39	(1) through a policy of insurance issued outside of this state
40	must at all times, with respect to all employees working in this
41	state, maintain the required coverage under a Florida
42	endorsement using Florida rates and rules pursuant to payroll
43	reporting that accurately reflects the work performed in this
44	state by such employees.
45	Section 28. Paragraph (a) of subsection (6) of section
46	440.385, Florida Statutes, is amended to read:
47	440.385 Florida Self-Insurers Guaranty Association,
48	Incorporated.--
49	(6) POWERS AND DUTIES OF DEPARTMENT OF INSURANCE.--The
50	Department of Insurance shall:
51	(a) Review recommendations of the association concerning
52	whether current or former self-insured employers or members of
53	the association have the financial strength necessary to ensure
54	the timely payment of all current and estimated future claims.
55	If the association determines an employer does not have the
56	financial strength necessary to ensure the timely payment of all
57	current and future claims and recommends action pursuant to
58	paragraph (3)(b), the department shall take such action as
59	necessary to order the employer to comply with the
60	recommendation, unless the department finds by clear and
61	convincing evidencethat the recommendation is erroneous.
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63	================= T I T L E A M E N D M E N T =================
64	Remove line(s) 82-84, and insert:
65	attorney's fees; amending s. 440.38, F.S.; removing standard
66	requiring clear and convincing evidence with regard to
67	recommendations by the Florida Self-Insurers Guaranty
68	Association, Inc.; providing requirement for employers with
69	coverage provided by insurers from outside the state; amending
70	s. 440.385, F.S.; removing standard requiring clear and
71	convincing evidence with regard to recommendations by the
72	Florida Self-Insurers Guaranty Association, Inc.; amending s.
73	440.381,
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