Amendment
Bill No. 1251
Amendment No. 927513
CHAMBER ACTION
Senate House
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1Representative Berfield offered the following:
2
3     Amendment (with title amendments)
4     Remove line(s) 561-580, and insert:
5     Section 2.  Notwithstanding the provisions of ss. 440.50
6and 440.51, Florida Statutes, subject to the following
7procedures and approval, funds are hereby appropriated to be
8transferred from the Workers' Compensation Administrative Trust
9Fund within the Department of Financial Services to the workers'
10workers' compensation joint underwriting plan provided in s.
11627.311(5), Florida Statutes, as follows:
12     (1)  For actuarial deficits projected for policyholders,
13based on actuarial best estimates, covered in subplan D prior to
14July 1, 2004, and upon verification by the Office of Insurance
15Regulation, the plan is authorized to request the Department of
16Financial Services, subject to approval of the Legislative
17Budget Commission, to establish a contingency reserve within the
18Workers' Compensation Administrative Trust Fund for the purpose
19of funding deficits in subplan D.
20     (2)  After the contingency reserve is established, whenever
21the board determines the plan does not have a sufficient cash
22basis to meet 3 months of projected cash needs due to any
23deficit in subplan D, the board is authorized to request the
24department to transfer funds from the contingency reserve fund
25within the Workers' Compensation Administrative Trust Fund to
26the plan in an amount sufficient to fund the difference between
27the amount available and the amount needed to meet the plan's
28plan's projected cash need for the subsequent 3-month
29period. The board and the office must first certify to the
30Department of Financial Services that there is not sufficient
31cash within the plan to meet the projected cash needs in subplan
32D within the subsequent 3 months. The amount requested for
33transfer to the plan may not exceed the difference between the
34amount available within the plan and the amount needed to meet
35the plan's projected cash need for the subsequent 3-month
36period, as jointly certified by the board and the Office of
37Insurance Regulation to the Department of Financial Services
38attributable to the former subplan D policyholders. The
39Department of Financial Services may submit a budget amendment
40to request transfer of funds from the contingency reserve
41established with the Workers' Compensation Administrative Trust
42Fund subject to the approval of the Legislative Budget
43Commission. The board shall provide, for review of the
44Legislative Budget Commission, information on the reasonableness
45of the plan's administration, including, but not limited to, the
46plan of operations and costs, claims costs, claims
47administrative costs, overhead costs, claims reserves, and the
48latest report submitted on administrative cost reduction
49alternatives as required in s. 627.311(5)(c)17., Florida
50Statutes.
51     (3)  This section shall expire July 1, 2007.
52
53================ T I T L E  A M E N D M E N T =============
54     Remove line(s) 25-44, and insert:
55funding of the plan through deficit funding; providing for
56transferring appropriations from the Workers' Compensation
57Administrative Trust Fund to the workers' compensation joint
58underwriting plan for certain purposes; providing procedures and
59requirements; providing for establishing a contingency reserve
60for certain purposes; providing for transfers of funds from the
61contingency reserve to the plan for purposes of funding certain
62deficits; providing limitations; providing for review of the
63reasonableness of the plan's administration; providing a sunset
64date for deficit funding; providing an effective date.


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