Amendment
Bill No. SB 2132

Amendment No. 538057

CHAMBER ACTION
Senate		House
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1	Representative Hooper offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Paragraph (h) of subsection (2) of section
7	20.121, Florida Statutes, is amended to read:
8	20.121  Department of Financial Services.-There is created
9	a Department of Financial Services.
10	(2)  DIVISIONS.-The Department of Financial Services shall
11	consist of the following divisions:
12	(h)  The Division of Consumer Services.
13	1.  The Division of Consumer Services shall perform the
14	following functions concerning products or services regulated by
15	the department of Financial Services or by either office of the
16	Office of Insurance Regulation Financial Services Commission:
17	a.  Receive inquiries and complaints from consumers.
18	b.  Prepare and disseminate such information as the
19	department deems appropriate to inform or assist consumers.
20	c.  Provide direct assistance and advocacy for consumers
21	who request such assistance or advocacy.
22	d.  With respect to apparent or potential violations of law
23	or applicable rules by a person or entity licensed by the
24	department or office by either office of the commission, report
25	such apparent or potential violations violation to the office or
26	the appropriate division of the department or office of the
27	commission, which may take such further action as it deems
28	appropriate.
29	e.  Designate an employee of the division as primary
30	contact for consumers on issues relating to sinkholes.
31	2.  Any person licensed or issued a certificate of
32	authority by the department or by the Office of Insurance
33	Regulation shall respond, in writing, to the Division of
34	Consumer Services within 20 days after receipt of a written
35	request for information from the division concerning a consumer
36	complaint. The response must address the issues and allegations
37	raised in the this complaint. The division may, in its
38	discretion, impose an administrative penalty for failure to
39	comply with this subparagraph of in an amount up to $2,500 per
40	violation upon any entity licensed by the department or the
41	office of Insurance Regulation and $250 for the first violation,
42	$500 for the second violation, and up to $1,000 per violation
43	thereafter upon any individual licensed by the department or the
44	office of Insurance Regulation.
45	3.  The department may adopt rules to implement the
46	provisions of this paragraph.
47	4.  The powers, duties, and responsibilities expressed or
48	granted in this paragraph do shall not limit the powers, duties,
49	and responsibilities of the department of Financial Services,
50	the Financial Services Commission, the Office of Insurance
51	Regulation, or the Office of Financial Regulation set forth
52	elsewhere in the Florida Statutes.
53	Section 2.  Subsection (5) of section 284.01, Florida
54	Statutes, is amended to read:
55	284.01  State Risk Management Trust Fund; coverages to be
56	provided.-
57	(5)  Premiums charged to agencies for coverage shall be
58	adopted promulgated on a retrospective rating arrangement based
59	upon actual losses accruing to the fund and loss prevention
60	results, taking into account reasonable expectations,
61	maintenance, and stability of the fund and cost of reinsurance.
62	Section 3.  Section 284.36, Florida Statutes, is amended to
63	read:
64	284.36  Appropriation deposits; premium payment.-Premiums
65	for coverage by the State Risk Management Trust Fund as
66	calculated on all coverages shall be billed and charged to each
67	state agency according to coverages obtained by the fund for
68	their benefit, and such obligations shall be paid promptly by
69	each agency from its operating budget upon presentation of a
70	bill therefor. After the first year of operation, premiums to be
71	charged to all departments of the state are to be computed on a
72	retrospective rating arrangement based upon actual losses
73	accruing to the fund and loss prevention results, taking into
74	account reasonable expectations, the maintenance and stability
75	of the fund, and the cost of insurance.
76	Section 4.  Subsection (1) of section 284.42, Florida
77	Statutes, is amended to read:
78	284.42  Reports on state insurance program.-
79	(1)(a)  The Department of Financial Services, with the
80	Department of Management Services, shall conduct make an
81	analysis of the state insurance program each year and, on or
82	before January 1, submit a report containing the results of the
83	analysis to the Governor, the President of the Senate, and the
84	Speaker of the House of Representatives annually, which shall
85	include:
86	1.(a)  Complete underwriting information as to the nature
87	of the risks accepted for self-insurance and those risks that
88	are transferred to the insurance market.
89	2.(b)  The funds allocated to the Florida Casualty Risk
90	Management Trust Fund and premiums paid for insurance through
91	the market.
92	3.(c)  The method of handling legal matters and the cost
93	allocated.
94	4.(d)  The method and cost of handling inspection and
95	engineering of risks.
96	5.(e)  The cost of risk management service purchased.
97	6.(f)  The cost of managing the State Insurance Program by
98	the Department of Financial Services and the Department of
99	Management Services.
100	(b)  Beginning January 1, 2013, the Division of Risk
101	Management must include in its annual report an analysis of
102	agency return-to-work efforts, including, but not limited to,
103	agency return-to-work program performance metrics and a status
104	report on participating return-to-work programs. The report must
105	specify benchmarks, including, but not limited to, the average
106	lost-time claims per year for each agency; the total number of
107	lost claims; and specific agency measurable outcomes indicating
108	the change in performance from year to year.
109	Section 5.  Subsections (3) and (4) are added to section
110	284.50, Florida Statutes, to read:
111	284.50  Loss prevention program; safety coordinators;
112	Interagency Advisory Council on Loss Prevention; employee
113	recognition program.-
114	(3)  The Department of Financial Services and all agencies
115	that employ more than 3,500 full-time employees and are provided
116	workers' compensation insurance coverage by the State Risk
117	Management Trust Fund shall establish and maintain return-to-
118	work programs for employees who are receiving workers'
119	compensation benefits. The primary goal of such programs is to
120	enable injured workers to remain at work or return to work to
121	perform job duties within the physical or mental functional
122	limitations and restrictions established by the workers'
123	treating physicians. If limitations or restrictions are not
124	established in writing by a worker's treating physician, the
125	worker is deemed fully able to perform the same work duties he
126	or she performed before the injury.
127	(4)  The Division of Risk Management must evaluate each
128	agency's risk management programs, including, but not limited
129	to, return-to-work, safety, and loss prevention programs, at
130	least once every 5 years. A report, including, but not limited
131	to, any recommended corrective action, that results from an
132	evaluation must be provided to the head of the agency being
133	evaluated, the Chief Financial Officer, and the Director of the
134	Division of Risk Management. The agency head must provide to the
135	Division of Risk Management a response to all recommendations in
136	the report within 45 days after receipt of the report and a plan
137	for implementing any corrective action the agency intends to
138	take in response to the report. If the agency disagrees with any
139	final recommendations in the report, including, but not limited
140	to, any recommended corrective action or the agency fails to
141	implement any recommended corrective action within a reasonable
142	time, the division must submit a report of the evaluation to the
143	appropriations committees of the Legislature.
144	Section 6.  Subsection (5) is added to section 440.50,
145	Florida Statutes, to read:
146	440.50  Workers' Compensation Administration Trust Fund.-
147	(5)  Funds appropriated by operating appropriation or
148	nonoperating transfer from the Workers' Compensation
149	Administration Trust Fund to the Department of Education, the
150	Agency for Health Care Administration, the Department of
151	Business and Professional Regulation, the Department of
152	Management Services, the First District Court of Appeal, and the
153	Justice Administrative Commission remaining unencumbered on June
154	30 or undisbursed on September 30 each year revert to the
155	Workers' Compensation Administration Trust Fund.
156	Section 7.  This act shall take effect July 1, 2011.
157
158
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160	T I T L E  A M E N D M E N T
161	Remove the entire title and insert:
162	A bill to be entitled
163	An act relating to the Department of Financial Services;
164	amending s. 20.121, F.S.; revising duties of the Division
165	of Consumer Services; amending ss. 284.01 and 284.36,
166	F.S.; revising criteria for premiums charged to agencies
167	and departments for purposes of the State Risk Management
168	Trust Fund; amending s. 284.42, F.S.; revising reporting
169	requirements on the state insurance program; requiring the
170	Division of Risk Management to analyze and report on
171	certain agency return-to-work programs and activities;
172	amending s. 284.50, F.S.; requiring certain agencies to
173	establish and maintain return-to-work programs for certain
174	employees; providing program goals; requiring the Division
175	of Risk Management to evaluate agency risk management
176	programs; requiring reports; requiring agencies to respond
177	to the division's evaluation and recommendations;
178	requiring the division to submit a report of an evaluation
179	to the appropriations committees of the Legislature under
180	certain circumstances; amending s. 440.50, F.S.; providing
181	for reversion of certain unencumbered and undisbursed
182	funds to the Workers' Compensation Administration Trust
183	Fund; providing an effective date.

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