Amendment
Bill No. 1251
Amendment No. 438175
CHAMBER ACTION
Senate House
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1Representative Berfield offered the following:
2
3     Substitute Amendment for Amendment (927513) (with title
4amendment)
5Remove line(s) 561-580 and insert:
6     Section 2.  Notwithstanding the provisions of ss. 440.50
7and 440.51, Florida Statutes, subject to the following
8procedures and approval, the Department of Financial Services
9may request transfer funds from the Workers' Compensation
10Administration Trust Fund within the Department of Financial
11Services to the workers' compensation joint underwriting plan
12provided in s. 627.311(5), Florida Statutes.
13     (1)  For actuarial deficits projected for policyholders,
14based on actuarial best estimates, covered in subplan "D" prior
15to July 1, 2004, and upon verification by the Office of
16Insurance Regulation, the plan is authorized to request the
17department to submit a budget amendment for the purpose of
18funding deficits in subplan "D." The department shall submit a
19budget amendment to provide for transfer authority from the
20Workers' Compensation Administration Trust Fund subject to the
21approval of the Legislative Budget Commission. The funds
22appropriated shall be held in reserve and released upon approval
23by the Legislative Budget Commission pursuant to chapter 216,
24Florida Statutes. The department shall establish a contingency
25reserve within the Workers' Compensation Administration Trust
26Fund equal to the approved transfer authority amount.
27     (2)  After the contingency reserve is established, whenever
28the board determines the plan does not have a sufficient cash
29basis to meet 3 months of projected cash needs due to any
30deficit in subplan "D," the board is authorized to request the
31department to transfer funds from the contingency reserve fund
32within the Workers' Compensation Administration Trust Fund to
33the plan in an amount sufficient to fund the difference between
34the amount available and the amount needed to meet the plan's
35projected cash need for the subsequent 3-month period. The board
36and the office must first certify to the Department of Financial
37Services that there is not sufficient cash within the plan to
38meet the projected cash needs in subplan "D" within the
39subsequent 3 months. The amount requested for transfer to the
40plan may not exceed the difference between the amount available
41within the plan and the amount needed to meet the plan's
42projected cash need for the subsequent 3-month period, as
43jointly certified by the board and the Office of Insurance
44Regulation to the Department of Financial Services, attributable
45to the former subplan "D" policyholders. The Department of
46Financial Services may submit a budget amendment to request
47release of funds from the Workers' Compensation Administration
48Trust Fund, subject to the approval of the Legislative Budget
49Commission. The board will provide, for review of the
50Legislative Budget Commission, information on the reasonableness
51of the plan's administration, including, but not limited to, the
52plan of operations and costs, claims costs, claims
53administration costs, overhead costs, claims reserves, and the
54latest report submitted on administration cost reduction
55alternatives as required in s. 627.311(5)(c)17., Florida
56Statutes.
57     (3)  This section expires July 1, 2007.
58
59================ T I T L E  A M E N D M E N T =============
60     Remove line(s) 25-44 and insert:
61funding of the plan through deficit funding; providing for
62transferring appropriations from the Workers' Compensation
63Administration Trust Fund to the workers' compensation joint
64underwriting plan for certain purposes; providing procedures and
65requirements; providing for establishing a contingency reserve
66for certain purposes; providing for transfers of funds from the
67contingency reserve to the plan for purposes of funding certain
68deficits; providing limitations; providing for review of the
69reasonableness of the plan's administration; providing a sunset
70date for deficit funding; providing an effective date.


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