Florida Senate - 2014                              CS for SB 952
       By the Committee on Commerce and Tourism; and Senator Simpson
       577-03931-14                                           2014952c1
    1                        A bill to be entitled                      
    2         An act relating to workers’ compensation; amending s.
    3         627.072, F.S.; authorizing employers to negotiate the
    4         retrospectively rated premium with insurers under
    5         certain conditions; amending s. 627.281, F.S.;
    6         conforming a cross-reference; providing an effective
    7         date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Present subsections (2) through (4) of section
   12  627.072, Florida Statutes, are renumbered as subsections (3)
   13  through (5), respectively, and a new subsection (2) is added to
   14  that section, to read:
   15         627.072 Making and use of rates.—
   16         (2) A retrospective rating plan may contain a provision
   17  that allows for negotiation of a premium between the employer
   18  and the insurer for employers having exposure in more than one
   19  state and an estimated annual standard premium in this state of
   20  $175,000 or more and an estimated annual countrywide standard
   21  premium of $1 million or more for workers’ compensation.
   22  Provisions within a retrospective rating plan authorizing
   23  negotiated premiums are exempt from subsection (1). Such plans
   24  and associated forms must be filed by a rating organization and
   25  approved by the office. However, a premium negotiated between
   26  the employer and the insurer pursuant to an approved
   27  retrospective rating plan is not subject to this part.
   28         Section 2. Subsection (2) of section 627.281, Florida
   29  Statutes, is amended to read:
   30         627.281 Appeal from rating organization; workers’
   31  compensation and employer’s liability insurance filings.—
   32         (2) If such appeal is based upon the failure of the rating
   33  organization to make a filing on behalf of such member or
   34  subscriber which is based on a system of expense provisions
   35  which differs, in accordance with the right granted in s.
   36  627.072(3) s. 627.072(2), from the system of expense provisions
   37  included in a filing made by the rating organization, the office
   38  shall, if it grants the appeal, order the rating organization to
   39  make the requested filing for use by the appellant. In deciding
   40  such appeal, the office shall apply the applicable standards set
   41  forth in ss. 627.062 and 627.072.
   42         Section 3. This act shall take effect July 1, 2014.