Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. PCS (863198) for CS for SB 1404 Ì540208ÅÎ540208 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Perry) recommended the following: 1 Senate Amendment to Amendment (489504) (with title 2 amendment) 3 4 Between lines 20 and 21 5 insert: 6 Section 2. Section 284.30, Florida Statutes, is amended to 7 read: 8 284.30 State Risk Management Trust Fund; coverages to be 9 provided.—A state self-insurance fund, designated as the “State 10 Risk Management Trust Fund,” is created to be set up by the 11 Department of Financial Services and administered with a program 12 of risk management, which fund is to provide insurance, as 13 authorized by s. 284.33, for workers’ compensation, general 14 liability, fleet automotive liability, federal civil rights 15 actions under 42 U.S.C. s. 1983 or similar federal statutes, 16 benefits payable under s. 112.1816(2), and court-awarded 17 attorney
attorney’sfees in other proceedings against the state 18 except for such awards in eminent domain or for inverse 19 condemnation or for awards by the Public Employees Relations 20 Commission. A party to a suit in any court, to be entitled to 21 have his or her attorney attorney’sfees paid by the state or 22 any of its agencies, must serve a copy of the pleading claiming 23 the fees on the Department of Financial Services; and thereafter 24 the department shall be entitled to participate with the agency 25 in the defense of the suit and any appeal thereof with respect 26 to such fees. 27 Section 3. Section 284.31, Florida Statutes, is amended to 28 read: 29 284.31 Scope and types of coverages; separate accounts.—The 30 Insurance Risk Management Trust Fund shall, unless specifically 31 excluded by the Department of Financial Services, cover all 32 departments of the State of Florida and their employees, agents, 33 and volunteers and shall provide separate accounts for workers’ 34 compensation, general liability, fleet automotive liability, 35 federal civil rights actions under 42 U.S.C. s. 1983 or similar 36 federal statutes, benefits payable under s. 112.1816(2), and 37 court-awarded attorney attorney’sfees in other proceedings 38 against the state except for such awards in eminent domain or 39 for inverse condemnation or for awards by the Public Employees 40 Relations Commission. Unless specifically excluded by the 41 Department of Financial Services, the Insurance Risk Management 42 Trust Fund shall provide fleet automotive liability coverage to 43 motor vehicles titled to the state, or to any department of the 44 state, when such motor vehicles are used by community 45 transportation coordinators performing, under contract to the 46 appropriate department of the state, services for the 47 transportation disadvantaged under part I of chapter 427. Such 48 fleet automotive liability coverage shall be primary and shall 49 be subject to the provisions of s. 768.28 and parts II and III 50 of chapter 284, and applicable rules adopted thereunder, and the 51 terms and conditions of the certificate of coverage issued by 52 the Department of Financial Services. 53 Section 4. Section 284.385, Florida Statutes, is amended to 54 read: 55 284.385 Reporting and handling of claims.— 56 (1) All departments covered by the State Risk Management 57 Trust Fund under this part shall immediately report all known or 58 potential claims to the Department of Financial Services for 59 handling, except employment complaints which have not been filed 60 with the Florida Human Relations Commission, Equal Employment 61 Opportunity Commission, or any similar agency. When deemed 62 necessary, the Department of Financial Services shall assign or 63 reassign the claim to counsel. The assigned counsel shall report 64 regularly to the Department of Financial Services or to the 65 covered department on the status of any such claims or 66 litigation as required by the Department of Financial Services. 67 No such claim shall be compromised or settled for monetary 68 compensation without the prior approval of the Department of 69 Financial Services and prior notification to the covered 70 department. All departments shall cooperate with the Department 71 of Financial Services in its handling of claims. The Department 72 of Financial Services and the Department of Management Services, 73 with the cooperation of the state attorneys and the clerks of 74 the courts, shall develop a system to coordinate the exchange of 75 information concerning claims for and against the state, its 76 agencies, and its subdivisions, to assist in collection of 77 amounts due to them. The covered department shall have the 78 responsibility for the settlement of any claim for injunctive or 79 affirmative relief under 42 U.S.C. s. 1983 or similar federal or 80 state statutes. The payment of a settlement or judgment for any 81 claim covered and reported under this part shall be made only 82 from the State Risk Management Trust Fund. 83 (2) Benefits provided under s. 112.1816(2) may not be paid 84 from the fund until each request for any out-of-pocket 85 deductible, copayment, or coinsurance costs and one-time cash 86 payout has been validated and approved by the Department of 87 Management Services. 88 89 ================= T I T L E A M E N D M E N T ================ 90 And the title is amended as follows: 91 Delete line 1032 92 and insert: 93 Division of Public Assistance Fraud; amending s. 94 284.30, F.S.; requiring the State Risk Management 95 Trust Fund to provide insurance for certain 96 firefighter cancer-related benefits; amending s. 97 284.31, F.S.; requiring the Insurance Risk Management 98 Trust Fund to provide a separate account for certain 99 firefighter cancer-related benefits; amending s. 100 284.385, F.S.; specifying a condition that must be met 101 before such benefits may be paid from the State Risk 102 Management Trust Fund; creating s.