Florida Senate - 2014                       CS for CS for SB 952
       By the Committees on Rules; and Commerce and Tourism; and
       Senator Simpson
       595-04445-14                                           2014952c2
    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; providing an exemption; specifying
    6         requirements for the filing and approval of such plans
    7         and associated forms; providing an exception;
    8         providing legislative intent regarding the effect of
    9         other legislation; amending s. 627.281, F.S.;
   10         conforming a cross-reference; providing an effective
   11         date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Present subsections (2) through (4) of section
   16  627.072, Florida Statutes, are renumbered as subsections (3)
   17  through (5), respectively, and a new subsection (2) is added to
   18  that section, to read:
   19         627.072 Making and use of rates.—
   20         (2) A retrospective rating plan may contain a provision
   21  that allows for negotiation of a premium between the employer
   22  and the insurer for employers having exposure in more than one
   23  state and an estimated annual standard premium in this state of
   24  $100,000 or more for workers’ compensation and an estimated
   25  annual countrywide standard premium of $750,000 or more for
   26  workers’ compensation. Provisions with a retrospective rating
   27  plan authorizing negotiated premiums are exempt from subsection
   28  (1). Such plans and associated forms must be filed by a rating
   29  organization and approved by the office. However, a premium
   30  negotiated between the employer and the insurer pursuant to an
   31  approved retrospective plan is not subject to this part. Only
   32  insurers having at least $500 million in surplus as to
   33  policyholders may engage in the negotiation of premiums with
   34  eligible employers.
   35         Section 2. If this act and CS/CS/HB 565, 1st Eng., 2014
   36  Regular Session, or similar legislation, are adopted in the same
   37  legislative session or an extension thereof and become law and
   38  the respective provisions of such acts adding a new subsection
   39  (2) to s. 627.072, Florida Statutes, differ, it is the intent of
   40  the Legislature that the amendments to s. 627.072, Florida
   41  Statutes, in this act shall control over the language in
   42  CS/CS/HB 565, 1st Eng., or similar legislation, regardless of
   43  the order in which the legislation is enacted.
   44         Section 3. Subsection (2) of section 627.281, Florida
   45  Statutes, is amended to read:
   46         627.281 Appeal from rating organization; workers’
   47  compensation and employer’s liability insurance filings.—
   48         (2) If such appeal is based upon the failure of the rating
   49  organization to make a filing on behalf of such member or
   50  subscriber which is based on a system of expense provisions
   51  which differs, in accordance with the right granted in s.
   52  627.072(3) s. 627.072(2), from the system of expense provisions
   53  included in a filing made by the rating organization, the office
   54  shall, if it grants the appeal, order the rating organization to
   55  make the requested filing for use by the appellant. In deciding
   56  such appeal, the office shall apply the applicable standards set
   57  forth in ss. 627.062 and 627.072.
   58         Section 4. This act shall take effect July 1, 2014.