Amendment
Bill No. CS/HB 1087
Amendment No. 020153
CHAMBER ACTION
Senate House
.
.
.






1Representative Holder offered the following:
2
3     Amendment (with title amendment)
4     Between lines 139 and 140, insert:
5     Section 3.  Paragraph (b) of subsection (9) of section
6440.49, Florida Statutes, is amended to read:
7     440.49  Limitation of liability for subsequent injury
8through Special Disability Trust Fund.-
9     (9)  SPECIAL DISABILITY TRUST FUND.-
10     (b)1.  The Special Disability Trust Fund shall be
11maintained by annual assessments upon the insurance companies
12writing compensation insurance in the state, the commercial
13self-insurers under ss. 624.462 and 624.4621, the assessable
14mutuals as defined in s. 628.6011, and the self-insurers under
15this chapter, which assessments shall become due and be paid
16quarterly at the same time and in addition to the assessments
17provided in s. 440.51. The department shall estimate annually in
18advance the amount necessary for the administration of this
19subsection and the maintenance of this fund and shall make such
20assessment in the manner hereinafter provided.
21     2.  The annual assessment shall be calculated to produce
22during the next calendar ensuing fiscal year an amount which,
23when combined with that part of the balance anticipated to be in
24the fund on December 31 June 30 of the current calendar fiscal
25year which is in excess of $100,000, is equal to the average of:
26     a.  The sum of disbursements from the fund during the
27immediate past 3 calendar years, and
28     b.  Two times the disbursements of the most recent calendar
29year.
30     c.  Such assessment rate shall first apply on a calendar
31year basis for the period beginning January 1, 2012, and shall
32be included in workers' compensation rate filings approved by
33the office which become effective on or after January 1, 2012.
34The assessment rate effective January 1, 2011, shall also apply
35to the interim period from July 1, 2011, through December 31,
362011, and shall be included in workers' compensation rate
37filings, whether regular or amended, approved by the office
38which become effective on or after July 1, 2011. Thereafter, the
39annual assessment rate shall take effect January 1 of the next
40calendar year and shall be included in workers' compensation
41rate filings approved by the office which become effective on or
42after January 1 of the next calendar year. Assessments shall
43become due and be paid quarterly.
44
45Such amount shall be prorated among the insurance companies
46writing compensation insurance in the state and the self-
47insurers. Provided however, for those carriers that have
48excluded ceded reinsurance premiums from their assessments on or
49before January 1, 2000, no assessments on ceded reinsurance
50premiums shall be paid by those carriers until such time as the
51former Division of Workers' Compensation of the Department of
52Labor and Employment Security or the department advises each of
53those carriers of the impact that the inclusion of ceded
54reinsurance premiums has on their assessment. The department may
55not recover any past underpayments of assessments levied against
56any carrier that on or before January 1, 2000, excluded ceded
57reinsurance premiums from their assessment prior to the point
58that the former Division of Workers' Compensation of the
59Department of Labor and Employment Security or the department
60advises of the appropriate assessment that should have been
61paid.
62     3.  The net premiums written by the companies for workers'
63compensation in this state and the net premium written
64applicable to the self-insurers in this state are the basis for
65computing the amount to be assessed as a percentage of net
66premiums. Such payments shall be made by each carrier and self-
67insurer to the department for the Special Disability Trust Fund
68in accordance with such regulations as the department
69prescribes.
70     4.  The Chief Financial Officer is authorized to receive
71and credit to such Special Disability Trust Fund any sum or sums
72that may at any time be contributed to the state by the United
73States under any Act of Congress, or otherwise, to which the
74state may be or become entitled by reason of any payments made
75out of such fund.
76
77
78
-----------------------------------------------------
79
T I T L E  A M E N D M E N T
80     Remove line 9 and insert:
81made on a prepaid card; amending s. 440.49, F.S.; revising the
82dates applicable to calculations of annual assessments upon
83certain workers' compensation insurers relating to the special
84disability trust fund; providing application to specified years
85and rate filings; amending s. 624.402, F.S.;


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