1 | Representative(s) Sands offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Effective June 1, 2007, subsection (15) is |
6 | added to section 627.215, Florida Statutes, to read: |
7 | 627.215 Excessive profits for workers' compensation, |
8 | employer's liability, commercial property, and commercial |
9 | casualty insurance prohibited.-- |
10 | (15)(a) Each insurer group offering workers' compensation |
11 | or employer's liability insurance shall also file a schedule of |
12 | loss and loss adjustment experience in this state for each of |
13 | the 10 years previous to the most recent accident year. The |
14 | incurred losses and loss adjustment expenses shall be valued as |
15 | of December 31 of the first year following the latest accident |
16 | year to be reported, developed to an ultimate basis, and at nine |
17 | 12-month intervals thereafter, each developed to an ultimate |
18 | basis, so that a total of ten evaluations will be provided for |
19 | each accident year. The first year to be included shall be |
20 | accident year 1996, so that the reporting of 10 accident years |
21 | under this revised evaluation will not take place until accident |
22 | year 2005 data is included in the first report under this |
23 | subsection that shall be filed prior to July 1, 2008, and this |
24 | subsection shall not apply until an insurer group has 10 years |
25 | of loss experience in this state. For reporting purposes |
26 | unrelated to determining excessive profits, the loss and loss |
27 | adjustment experience of each accident year shall continue to be |
28 | reported until each accident year has been reported at eight |
29 | stages of development. |
30 | (b) For those insurer groups offering workers' |
31 | compensation or employer's liability insurance during the years |
32 | 1996 through 2005, an excessive profit has been realized if |
33 | underwriting gain is greater than the anticipated underwriting |
34 | profit plus 5 percent of earned premiums for the 10 most recent |
35 | calendar years for which data is to be filed under this |
36 | subsection. Any excess profit of an insurance company offering |
37 | workers' compensation or employer's liability insurance during |
38 | such period of time shall be returned to policyholders in the |
39 | form of a cash refund or a credit toward future purchase of |
40 | insurance. The excessive amount shall be refunded on a pro rata |
41 | basis in relation to the final compilation year earned premiums |
42 | to the workers' compensation policyholders of record of the |
43 | insurer group on December 31 of the final compilation year. |
44 | (c) As used in this subsection with respect to any 10-year |
45 | period, the term "anticipated underwriting profit" means the sum |
46 | of the dollar amounts obtained by multiplying, for each rate |
47 | filing of the insurer group in effect during such period, the |
48 | earned premiums applicable to such rate filing during such |
49 | period by the percentage factor included in such rate filing for |
50 | profit and contingencies, which factor was determined with due |
51 | recognition to investment income from funds generated by |
52 | business in this state; however, the anticipated underwriting |
53 | profit for the purposes of this subsection shall be calculated |
54 | using a profit and contingencies factor that is not less than |
55 | zero. Separate calculations need not be made for consecutive |
56 | rate filings containing the same percentage factor for profits |
57 | and contingencies. |
58 | (d) Insurer groups offering workers' compensation |
59 | insurance or employer's liability insurance must file only the |
60 | reports required under this subsection for the purposes of this |
61 | section. |
62 | Section 2. Section 627.442, Florida Statutes, is created |
63 | to read: |
64 | 627.442 Insurance contracts.--A person who requires a |
65 | workers' compensation insurance policy pursuant to a |
66 | construction contract may not reject a workers' compensation |
67 | insurance policy issued by a self-insurance fund that is subject |
68 | to part V of chapter 631 based upon the self-insurance fund not |
69 | being rated by a nationally recognized insurance rating service. |
70 | Section 3. If any provision of this act or its application |
71 | to any person or circumstances is held invalid, the invalidity |
72 | shall not affect other provisions or applications of the act |
73 | which can be given effect without the invalid provision or |
74 | application, and to this end the provisions of the act are |
75 | declared severable. |
76 | Section 4. Except as otherwise expressly provided by this |
77 | act, this act shall take effect upon becoming a law. |
78 |
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79 | ========= T I T L E A M E N D M E N T ========= |
80 | Remove the entire title and insert: |
81 | A bill to be entitled |
82 | An act relating to insurance; amending s. 627.215, F.S.; |
83 | providing additional filing requirements for certain |
84 | insurers; providing criteria for such requirements; |
85 | requiring refunds of certain excessive profits under |
86 | certain circumstances; providing a definition; providing a |
87 | report filing limitation; creating s. 627.442, F.S.; |
88 | prohibiting the rejection of workers' compensation |
89 | insurance policies issued by certain self-insurance funds |
90 | under certain circumstances; providing severability; |
91 | providing effective dates. |