Florida Senate - 2010 CS for SB 1512 By the Committee on General Government Appropriations; and Senator Baker 601-03206-10 20101512c1 1 A bill to be entitled 2 An act relating to state risk management programs; 3 amending s. 284.01, F.S.; requiring that certain 4 premiums charged to state agencies for coverage by the 5 State Risk Management Trust Fund use a retrospective 6 rating arrangement based upon actual losses accruing 7 to the fund and loss prevention results; amending s. 8 284.36, F.S.; requiring that premiums charged to all 9 departments of the state be computed on a 10 retrospective rating arrangement based on such 11 factors; amending s. 284.50, F.S.; requiring that all 12 agencies that are provided workers’ compensation 13 insurance coverage by the fund and that employ more 14 than a specified minimum number of full-time employees 15 establish and maintain return-to-work programs for 16 employees receiving workers’ compensation benefits; 17 providing goals for such programs; specifying 18 conditions under which a worker shall be deemed able 19 to fully perform the same work duties as performed 20 before sustaining the injury for which benefits are 21 sought; requiring that the Division of Risk Management 22 of the Department of Financial Services evaluate each 23 agency’s risk management programs at specified 24 intervals; requiring that the division provide reports 25 of such evaluations to the head of the agency being 26 evaluated, the Chief Financial Officer, and the 27 director of the Division of Risk Management; requiring 28 that the agency head provide a response to such report 29 within a specified period after receiving the findings 30 of the report; requiring that the division submit the 31 evaluation report to the chairs of the appropriation 32 committees of the Senate and the House of 33 Representatives under certain circumstances; requiring 34 that the division include specified information in its 35 report beginning in a specified year; providing an 36 effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Subsection (5) of section 284.01, Florida 41 Statutes, is amended to read: 42 284.01 State Risk Management Trust Fund; coverages to be 43 provided.— 44 (5) Premiums charged to agencies for coverage shall be 45 promulgated on a retrospective rating arrangement based upon 46 actual losses accruing to the fund and loss prevention results, 47 taking into account reasonable expectations, maintenance, and 48 stability of the fund and cost of reinsurance. 49 Section 2. Section 284.36, Florida Statutes, is amended to 50 read: 51 284.36 Appropriation deposits; premium payment.—Premiums 52 for coverage by the State Risk Management Trust Fund as 53 calculated on all coverages shall be billed and charged to each 54 state agency according to coverages obtained by the fund for 55 their benefit, and such obligations shall be paid promptly by 56 each agency from its operating budget upon presentation of a 57 bill therefor. After the first year of operation, premiums to be 58 charged to all departments of the state are to be computed on a 59 retrospective rating arrangement based upon actual losses 60 accruing to the fund and loss prevention results, taking into 61 account reasonable expectations, the maintenance and stability 62 of the fund, and the cost of insurance. 63 Section 3. Section 284.50, Florida Statutes, is amended to 64 read: 65 284.50 Loss prevention program; safety coordinators; 66 Interagency Advisory Council on Loss Prevention; employee 67 recognition program; return-to-work program.— 68 (1) The head of each department of state government, except 69 the Legislature, shall designate a safety coordinator. Such 70 safety coordinator must be an employee of the department and 71 must hold a position thatwhichhas responsibilities comparable 72 to those of an employee in the Senior Management System. The 73 Department of Financial Services shall provide appropriate 74 training to the safety coordinators to permit them to 75 effectively perform their duties within their respective 76 departments. Each safety coordinator shall, at the direction of 77 his or her department head: 78 (a) Develop and implement the loss prevention program, a 79 comprehensive departmental safety program which shall include a 80 statement of safety policy and responsibility. 81 (b) Provide for regular and periodic facility and equipment 82 inspections. 83 (c) Investigate job-related employee accidents of his or 84 her department. 85 (d) Establish a program to promote increased safety 86 awareness among employees. 87 (2) There shall be an Interagency Advisory Council on Loss 88 Prevention composed of the safety coordinators from each 89 department and representatives designated by the Division of 90 State Fire Marshal and the Division of Risk Management. The 91 chair of the council shall be the Director of the Division of 92 Risk Management or his or her designee. The council shall meet 93 at least quarterly to discuss safety problems within state 94 government, to attempt to find solutions for these problems, 95 and, when possible, to assist in the implementation of the 96 solutions. If the safety coordinator of a department or office 97 is unable to attend a council meeting, an alternate, selected by 98 the department head or his or her designee, shall attend the 99 meeting to represent and provide input for that department or 100 office on the council. The council is further authorized to 101 provide for the recognition of employees, agents, and volunteers 102 who make exceptional contributions to the reduction and control 103 of employment-related accidents. The necessary expenses for the 104 administration of this program of recognition shall be 105 considered an authorized administrative expense payable from the 106 State Risk Management Trust Fund. 107 (3) The council and each department head shall report 108 annually to the Governor by January 15 preceding any regular 109 legislative session any actions taken to prevent job-related 110 employee accidents, together with suggestions of safeguards and 111 improvements. 112 (4) All agencies that are provided workers’ compensation 113 insurance coverage by the fund and that employ more than 2,500 114 full-time employees shall establish and maintain return-to-work 115 programs for employees receiving workers’ compensation benefits. 116 Such programs shall have the primary goal of enabling injured 117 workers to remain at work or return to work to perform job 118 duties within the physical or mental functional limitations and 119 restrictions established by the worker’s treating physician. If 120 no such limitations or restrictions are established in writing 121 by a treating physician, the worker shall be deemed able to 122 fully perform the same work duties as performed before 123 sustaining the injury. 124 (5) The Division of Risk Management shall evaluate each 125 agency’s risk management programs, including, but not limited 126 to, return-to-work, safety, and loss prevention programs at 127 least once every 5 years. Reports resulting from these 128 evaluations, including any recommended corrective action, shall 129 be provided to the head of the agency being evaluated, the Chief 130 Financial Officer, and the director of the Division of Risk 131 Management. The agency head must provide to the division a 132 response to all report recommendations within 45 days after 133 receiving such recommendations, and must provide a plan to 134 implement any corrective actions to be taken as part of the 135 response. If the agency disagrees with any recommendations in a 136 final report, including any recommended corrective action, or if 137 the agency fails to implement any recommended corrective action 138 within a reasonable period after receiving such recommendation, 139 the division shall submit the evaluation report to the chairs of 140 the appropriation committees of the Senate and the House of 141 Representatives. Beginning in 2012, the division shall include 142 in its annual report an analysis of agency return-to-work 143 efforts, including agency return-to-work program performance 144 metrics and a status report on participating agency return-to 145 work programs. 146 Section 4. This act shall take effect July 1, 2010.