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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Latvala moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 3, between lines 25 and 26,

15

16  insert:

17         Section 2.  Section 440.49, Florida Statutes, is

18  amended to read:

19         440.49  Limitation of liability for subsequent injury

20  through Special Disability Trust Fund.--

21         (1)  LEGISLATIVE INTENT.--Whereas it is often difficult

22  for workers with disabilities to achieve employment or to

23  become reemployed following an injury, and it is the desire of

24  the Legislature to facilitate the return of these workers to

25  the workplace, it is the purpose of this section to encourage

26  the employment, reemployment, and accommodation of the

27  physically disabled by reducing an employer's insurance

28  premium for reemploying an injured worker, to decrease

29  litigation between carriers on apportionment issues, and to

30  protect employers from excess liability for compensation and

31  medical expense when an injury to a physically disabled worker

                                  1
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  merges with, aggravates, or accelerates her or his preexisting

 2  permanent physical impairment to cause either a greater

 3  disability or permanent impairment, or an increase in

 4  expenditures for temporary compensation or medical benefits

 5  than would have resulted from the injury alone. The division

 6  or the administrator shall inform all employers of the

 7  existence and function of the fund and shall interpret

 8  eligibility requirements liberally. However, this subsection

 9  shall not be construed to create or provide any benefits for

10  injured employees or their dependents not otherwise provided

11  by this chapter. The entitlement of an injured employee or her

12  or his dependents to compensation under this chapter shall be

13  determined without regard to this subsection, the provisions

14  of which shall be considered only in determining whether an

15  employer or carrier who has paid compensation under this

16  chapter is entitled to reimbursement from the Special

17  Disability Trust Fund.

18         (2)  DEFINITIONS.--As used in this section, the term:

19         (a)  "Permanent physical impairment" means and is

20  limited to the conditions listed in paragraph (6)(a).

21         (b)  "Preferred worker" means a worker who, because of

22  a permanent impairment resulting from a compensable injury or

23  occupational disease, is unable to return to the worker's

24  regular employment.

25         (c)  "Merger" describes or means that:

26         1.  If the permanent physical impairment had not

27  existed, the subsequent accident or occupational disease would

28  not have occurred;

29         2.  The permanent disability or permanent impairment

30  resulting from the subsequent accident or occupational disease

31  is materially and substantially greater than that which would

                                  2
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  have resulted had the permanent physical impairment not

 2  existed, and the employer has been required to pay, and has

 3  paid, permanent total disability or permanent impairment

 4  benefits for that materially and substantially greater

 5  disability;

 6         3.  The preexisting permanent physical impairment is

 7  aggravated or accelerated as a result of the subsequent injury

 8  or occupational disease, or the preexisting impairment has

 9  contributed, medically and circumstantially, to the need for

10  temporary compensation, medical, or attendant care and the

11  employer has been required to pay, and has paid, temporary

12  compensation, medical, or attendant care benefits for the

13  aggravated preexisting permanent impairment; or

14         4.  Death would not have been accelerated if the

15  permanent physical impairment had not existed.

16         (d)  "Excess permanent compensation" means that

17  compensation for permanent impairment, or permanent total

18  disability or death benefits, for which the employer or

19  carrier is otherwise entitled to reimbursement from the

20  Special Disability Trust Fund.

21         (e)  "Administrator" means the entity selected by the

22  corporation to review, allow, deny, compromise, controvert,

23  and litigate claims of the Special Disability Trust Fund."

24         (f)  "Corporation" means the Special Disability Trust

25  Fund Financing Corporation, as created under subsection (13).

26         (3)  DEDUCTIBLE.--Reimbursement may not be obtained for

27  the first $10,000 of benefits paid which otherwise qualify for

28  reimbursement under this section. This deductible does not

29  apply to claims by employers for reimbursement under

30  subparagraph (b)3.

31         (4)  PERMANENT IMPAIRMENT OR PERMANENT TOTAL

                                  3
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  DISABILITY, TEMPORARY BENEFITS, MEDICAL BENEFITS, OR ATTENDANT

 2  CARE AFTER OTHER PHYSICAL IMPAIRMENT.--

 3         (a)  Permanent impairment.--If an employee who has a

 4  preexisting permanent physical impairment incurs a subsequent

 5  permanent impairment from injury or occupational disease

 6  arising out of, and in the course of, her or his employment

 7  which merges with the preexisting permanent physical

 8  impairment to cause a permanent impairment, the employer

 9  shall, in the first instance, pay all benefits provided by

10  this chapter; but, subject to the limitations specified in

11  subsection (6), such employer shall be reimbursed from the

12  Special Disability Trust Fund created by subsection (8) for 50

13  percent of all impairment benefits which the employer has been

14  required to provide pursuant to s. 440.15(3)(a) as a result of

15  the subsequent accident or occupational disease.

16         (b)  Permanent total disability.--If an employee who

17  has a preexisting permanent physical impairment incurs a

18  subsequent permanent impairment from injury or occupational

19  disease arising out of, and in the course of, her or his

20  employment which merges with the preexisting permanent

21  physical impairment to cause permanent total disability, the

22  employer shall, in the first instance, pay all benefits

23  provided by this chapter; but, subject to the limitations

24  specified in subsection (6), such employer shall be reimbursed

25  from the Special Disability Trust Fund created by subsection

26  (8) for 50 percent of all compensation for permanent total

27  disability.

28         (c)  Temporary compensation and medical benefits;

29  aggravation or acceleration of preexisting condition or

30  circumstantial causation.--If an employee who has a

31  preexisting permanent physical impairment experiences an

                                  4
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  aggravation or acceleration of the preexisting permanent

 2  physical impairment as a result of an injury or occupational

 3  disease arising out of and in the course of her or his

 4  employment, or suffers an injury as a result of a merger as

 5  defined in subparagraph (1)(b)2., the employer shall provide

 6  all benefits provided by this chapter, but, subject to the

 7  limitations specified in subsection (7), the employer shall be

 8  reimbursed by the Special Disability Trust Fund created by

 9  subsection (8) for 50 percent of its payments for temporary,

10  medical, and attendant care benefits.

11         (5)  WHEN DEATH RESULTS.--If death results from the

12  subsequent permanent impairment contemplated in paragraph (c)

13  within 1 year after the subsequent injury, or within 5 years

14  after the subsequent injury when disability has been

15  continuous since the subsequent injury, and it is determined

16  that the death resulted from a merger, the employer shall, in

17  the first instance, pay the funeral expenses and the death

18  benefits prescribed by this chapter; but, subject to the

19  limitations specified in subsection (6), she or he shall be

20  reimbursed from the Special Disability Trust Fund created by

21  subsection (8) for the last 50 percent of all compensation

22  allowable and paid for such death and for 50 percent of the

23  amount paid as funeral expenses.

24         (6)  EMPLOYER KNOWLEDGE, EFFECT ON REIMBURSEMENT.--

25         (a)  Reimbursement is not allowed under this section

26  unless it is established that the employer knew of the

27  preexisting permanent physical impairment prior to the

28  occurrence of the subsequent injury or occupational disease,

29  and that the permanent physical impairment is one of the

30  following:

31         1.  Epilepsy.

                                  5
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1         2.  Diabetes.

 2         3.  Cardiac disease.

 3         4.  Amputation of foot, leg, arm, or hand.

 4         5.  Total loss of sight of one or both eyes or a

 5  partial loss of corrected vision of more than 75 percent

 6  bilaterally.

 7         6.  Residual disability from poliomyelitis.

 8         7.  Cerebral palsy.

 9         8.  Multiple sclerosis.

10         9.  Parkinson's disease.

11         10.  Meniscectomy.

12         11.  Patellectomy.

13         12.  Ruptured cruciate ligament.

14         13.  Hemophilia.

15         14.  Chronic osteomyelitis.

16         15.  Surgical or spontaneous fusion of a major

17  weight-bearing joint.

18         16.  Hyperinsulinism.

19         17.  Muscular dystrophy.

20         18.  Thrombophlebitis.

21         19.  Herniated intervertebral disk.

22         20.  Surgical removal of an intervertebral disk or

23  spinal fusion.

24         21.  One or more back injuries or a disease process of

25  the back resulting in disability over a total of 120 or more

26  days, if substantiated by a doctor's opinion that there was a

27  preexisting impairment to the claimant's back.

28         22.  Total deafness.

29         23.  Mental retardation, provided the employee's

30  intelligence quotient is such that she or he falls within the

31  lowest 2 percentile of the general population. However, it

                                  6
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  shall not be necessary for the employer to know the employee's

 2  actual intelligence quotient or actual relative ranking in

 3  relation to the intelligence quotient of the general

 4  population.

 5         24.  Any permanent physical condition which, prior to

 6  the industrial accident or occupational disease, constitutes a

 7  20-percent impairment of a member or of the body as a whole.

 8         25.  Obesity, provided the employee is 30 percent or

 9  more over the average weight designated for her or his height

10  and age in the Table of Average Weight of Americans by Height

11  and Age prepared by the Society of Actuaries using data from

12  the 1979 Build and Blood Pressure Study.

13         26.  Any permanent physical impairment as defined in s.

14  440.15(3) which is a result of a prior industrial accident

15  with the same employer or the employer's parent company,

16  subsidiary, sister company, or affiliate located within the

17  geographical boundaries of this state.

18         (b)  The Special Disability Trust Fund is not liable

19  for any costs, interest, penalties, or attorneys' fees.

20         (c)  An employer's or carrier's right to apportionment

21  or deduction pursuant to ss. 440.02(1), 440.15(5)(b), and

22  440.151(1)(c) does not preclude reimbursement from such fund,

23  except when the merger comes within the definition of

24  subparagraph (2)(b)2. and such apportionment or deduction

25  relieves the employer or carrier from providing the materially

26  and substantially greater permanent disability benefits

27  otherwise contemplated in those paragraphs.

28         (7)  REIMBURSEMENT OF EMPLOYER.--

29         (a)  The right to reimbursement as provided in this

30  section is barred unless written notice of claim of the right

31  to such reimbursement is filed by the employer or carrier

                                  7
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  entitled to such reimbursement with the division or

 2  administrator at Tallahassee within 2 years after the date the

 3  employee last reached maximum medical improvement, or within 2

 4  years after the date of the first payment of compensation for

 5  permanent total disability, wage loss, or death, whichever is

 6  later. The notice of claim must contain such information as

 7  the division by rule requires or as established by the

 8  administrator; and the employer or carrier claiming

 9  reimbursement shall furnish such evidence in support of the

10  claim as the division or administrator reasonably may require.

11         (b)  For notice of claims on the Special Disability

12  Trust Fund filed on or after July 1, 1978, the Special

13  Disability Trust Fund shall, within 120 days after receipt of

14  notice that a carrier has paid, been required to pay, or

15  accepted liability for excess compensation, serve notice of

16  the acceptance of the claim for reimbursement.

17         (c)  A proof of claim must be filed on each notice of

18  claim on file as of June 30, 1997, within 1 year after July 1,

19  1997, or the right to reimbursement of the claim shall be

20  barred. A notice of claim on file on or before June 30, 1997,

21  may be withdrawn and refiled if, at the time refiled, the

22  notice of claim remains within the limitation period specified

23  in paragraph (a).  Such refiling shall not toll, extend, or

24  otherwise alter in any way the limitation period applicable to

25  the withdrawn and subsequently refiled notice of claim. Each

26  proof of claim filed shall be accompanied by a proof-of-claim

27  fee as provided in paragraph (9)(d). The Special Disability

28  Trust Fund shall, within 120 days after receipt of the proof

29  of claim, serve notice of the acceptance of the claim for

30  reimbursement. This paragraph shall apply to all claims

31  notwithstanding the provisions of subsection (12).

                                  8
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1         (d)  Each notice of claim filed or refiled on or after

 2  July 1, 1997, must be accompanied by a notification fee as

 3  provided in paragraph (9)(d).  A proof of claim must be filed

 4  within 1 year after the date the notice of claim is filed or

 5  refiled, accompanied by a proof-of-claim fee as provided in

 6  paragraph (9)(d), or the claim shall be barred.  The

 7  notification fee shall be waived if both the notice of claim

 8  and proof of claim are submitted together as a single filing.

 9  The Special Disability Trust Fund shall, within 180 days after

10  receipt of the proof of claim, serve notice of the acceptance

11  of the claim for reimbursement.  This paragraph shall apply to

12  all claims notwithstanding the provisions of subsection (12).

13         (e)  For dates of accident on or after January 1, 1994,

14  the Special Disability Trust Fund shall, within 120 days of

15  receipt of notice that a carrier has been required to pay, and

16  has paid over $10,000 in benefits, serve notice of the

17  acceptance of the claim for reimbursement. Failure of the

18  Special Disability Trust Fund to serve notice of acceptance

19  shall give rise to the right to request a hearing on the claim

20  for reimbursement. If the Special Disability Trust Fund

21  through its representative denies or controverts the claim,

22  the right to such reimbursement shall be barred unless an

23  application for a hearing thereon is filed with the division

24  or administrator at Tallahassee within 60 days after notice to

25  the employer or carrier of such denial or controversion. When

26  such application for a hearing is timely filed, the claim

27  shall be heard and determined in accordance with the procedure

28  prescribed in s. 440.25, to the extent that such procedure is

29  applicable, and in accordance with the workers' compensation

30  rules of procedure. In such proceeding on a claim for

31  reimbursement, the Special Disability Trust Fund shall be made

                                  9
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  the party respondent, and no findings of fact made with

 2  respect to the claim of the injured employee or the dependents

 3  for compensation, including any finding made or order entered

 4  pursuant to s. 440.20(12), shall be res judicata. The Special

 5  Disability Trust Fund may not be joined or made a party to any

 6  controversy or dispute between an employee and the dependents

 7  and the employer or between two or more employers or carriers

 8  without the written consent of the fund.

 9         (f)  When it has been determined that an employer or

10  carrier is entitled to reimbursement in any amount, the

11  employer or carrier shall be reimbursed annually from the

12  Special Disability Trust Fund for the compensation and medical

13  benefits paid by the employer or carrier for which the

14  employer or carrier is entitled to reimbursement, upon filing

15  request therefor and submitting evidence of such payment in

16  accordance with rules prescribed by the division, which rules

17  may include parameters for annual audits. The Special

18  Disability Trust Fund shall pay the approved reimbursement

19  requests on a first-in, first-out basis reflecting the order

20  in which the reimbursement requests were received.

21         (8)  PREFERRED WORKER PROGRAM.--The division or

22  administrator shall issue identity cards to preferred workers

23  upon request by qualified employees and shall reimburse an

24  employer, from the Special Disability Trust Fund, for the cost

25  of workers' compensation premium related to the preferred

26  workers payroll for up to 3 years of continuous employment

27  upon satisfactory evidence of placement and issuance of

28  payroll and classification records and upon the employee's

29  certification of employment.

30         (9)  SPECIAL DISABILITY TRUST FUND.--

31         (a)  There is established in the State Treasury a

                                  10
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  special fund to be known as the "Special Disability Trust

 2  Fund," which shall be available only for the purposes stated

 3  in this section; and the assets thereof may not at any time be

 4  appropriated or diverted to any other use or purpose. The

 5  Treasurer shall be the custodian of such fund, and all moneys

 6  and securities in such fund shall be held in trust by such

 7  Treasurer and shall not be the money or property of the state.

 8  The Treasurer is authorized to disburse moneys from such fund

 9  only when approved by the division or corporation and upon the

10  order of the Comptroller. The Treasurer shall deposit any

11  moneys paid into such fund into such depository banks as the

12  division or corporation may designate and is authorized to

13  invest any portion of the fund which, in the opinion of the

14  division, is not needed for current requirements, in the same

15  manner and subject to all the provisions of the law with

16  respect to the deposits of state funds by such Treasurer. All

17  interest earned by such portion of the fund as may be invested

18  by the Treasurer shall be collected by her or him and placed

19  to the credit of such fund.

20         (b)1.  The Special Disability Trust Fund shall be

21  maintained by annual assessments upon the insurance companies

22  writing compensation insurance in the state, the commercial

23  self-insurers under ss. 624.462 and 624.4621, the assessable

24  mutuals under s. 628.601, and the self-insurers under this

25  chapter, which assessments shall become due and be paid

26  quarterly at the same time and in addition to the assessments

27  provided in s. 440.51. The division shall estimate annually in

28  advance the amount necessary for the administration of this

29  subsection and the maintenance of this fund and shall make

30  such assessment in the manner hereinafter provided.

31         2.  The annual assessment shall be calculated to

                                  11
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  produce during the ensuing fiscal year an amount which, when

 2  combined with that part of the balance in the fund on June 30

 3  of the current fiscal year which is in excess of $100,000, is

 4  equal to the average of:

 5         a.  The sum of disbursements from the fund during the

 6  immediate past 3 calendar years, and

 7         b.  Two times the disbursements of the most recent

 8  calendar year.

 9

10  Such amount shall be prorated among the insurance companies

11  writing compensation insurance in the state and the

12  self-insurers.

13         3.  The net premiums written by the companies for

14  workers' compensation in this state and the net premium

15  written applicable to the self-insurers in this state are the

16  basis for computing the amount to be assessed as a percentage

17  of net premiums. Such payments shall be made by each insurance

18  company and self-insurer to the division for the Special

19  Disability Trust Fund in accordance with such regulations as

20  the division prescribes.

21         4.  The Treasurer is authorized to receive and credit

22  to such Special Disability Trust Fund any sum or sums that may

23  at any time be contributed to the state by the United States

24  under any Act of Congress, or otherwise, to which the state

25  may be or become entitled by reason of any payments made out

26  of such fund.

27         (c)  Notwithstanding the Special Disability Trust Fund

28  assessment rate calculated pursuant to this section, the rate

29  assessed shall not exceed 4.52 percent.

30         (d)  The Special Disability Trust Fund shall be

31  supplemented by a $250 notification fee on each notice of

                                  12
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  claim filed or refiled after July 1, 1997, and a $500 fee on

 2  each proof of claim filed in accordance with subsection (7).

 3  Revenues from the fee shall be deposited into the Special

 4  Disability Trust Fund and are exempt from the deduction

 5  required by s. 215.20. The fees provided in this paragraph

 6  shall not be imposed upon any insurer which is in receivership

 7  with the Department of Insurance.

 8         (e)  The Department of Labor and Employment Security or

 9  administrator shall report annually on the status of the

10  Special Disability Trust Fund.  The report shall update the

11  estimated undiscounted and discounted fund liability, as

12  determined by an independent actuary the projected change in

13  fund liability, change in the total number of notices of claim

14  on file with the fund in addition to the number of newly filed

15  notices of claim, change in the number of proofs of claim

16  processed by the fund, and the fee revenues refunded and

17  revenues applied to pay down the liability of the fund, the

18  average time required to reimburse accepted claims, and the

19  average administrative costs per claim.  The department or

20  administrator shall submit its initial report to the Governor,

21  the President of the Senate, and the Speaker of the House of

22  Representatives by March 1, 1998, for the period ending

23  February 1, 1998, with additional reports submitted by

24  December 1 of each year, 1998, and December 1, 1999.

25         (10)  DIVISION ADMINISTRATION OF FUND; CLAIMS; ADVISORY

26  COMMITTEE; EXPENSES.--The division or administrator shall

27  administer the Special Disability Trust Fund with authority to

28  allow, deny, compromise, controvert, and litigate claims made

29  against it and to designate an attorney to represent it in

30  proceedings involving claims against the fund, including

31  negotiation and consummation of settlements, hearings before

                                  13
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  judges of compensation claims, and judicial review. The

 2  division or administrator or the attorney designated by it

 3  shall be given notice of all hearings and proceedings

 4  involving the rights or obligations of such fund and shall

 5  have authority to make expenditures for such medical

 6  examinations, expert witness fees, depositions, transcripts of

 7  testimony, and the like as may be necessary to the proper

 8  defense of any claim. The division or administrator shall

 9  appoint an advisory committee composed of representatives of

10  management, compensation insurance carriers, and self-insurers

11  to aid it in formulating policies with respect to conservation

12  of the fund, who shall serve without compensation for such

13  terms as specified by it, but be reimbursed for travel

14  expenses as provided in s. 112.061. All expenditures made in

15  connection with conservation of the fund, including the salary

16  of the attorney designated to represent it and necessary

17  travel expenses, shall be allowed and paid from the Special

18  Disability Trust Fund as provided in this section upon the

19  presentation of itemized vouchers therefor approved by the

20  division.

21         (11)  EFFECTIVE DATES.--This section does not apply to

22  any case in which the accident causing the subsequent injury

23  or death or the disablement or death from a subsequent

24  occupational disease occurred prior to July 1, 1955, or on or

25  after January 1, 1998.  In no event shall the Special

26  Disability Trust Fund be liable for, or reimburse employers or

27  carriers for, any case in which the accident causing the

28  subsequent injury or death or the disablement or death from a

29  subsequent occupational disease occurred on or after January

30  1, 1998.  The Special Disability Trust Fund shall continue to

31  reimburse employers or carriers for subsequent injuries

                                  14
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  occurring prior to January 1, 1998, and the division shall

 2  continue to assess for and the division or administrator shall

 3  fund reimbursements as provided in subsection (9) for this

 4  purpose.

 5         (12)  REIMBURSEMENT FROM THE SPECIAL DISABILITY TRUST

 6  FUND.--The applicable law for the purposes of determining

 7  entitlement to reimbursement from the Special Disability Trust

 8  Fund is the law in effect on the date the accident occurred.

 9         (13)  Florida Special Disability Trust Fund Financing

10  Corporation.--

11         (a)  The Legislature finds that:

12         1.  The liabilities of the Special Disability Trust

13  Fund are substantial and that the extinguishment of these

14  liabilities in a cost effective and timely manner are of

15  paramount importance to the state. Consistent with the closing

16  of the fund provided in subsection (11), the Special

17  Disability Trust Fund Financing Corporation, in consultation

18  with the division, is authorized to contract with an

19  administrator to assume, administer, and settle the

20  obligations of the Special Disability Trust Fund under this

21  section.

22         2.  The Legislature finds that the creation of a public

23  benefits corporation and the issuance of bonds or other forms

24  of indebtedness under this section is consistent with the

25  underlying public purpose of reducing and ultimately

26  eliminating the liabilities of the Special Disability Trust

27  Fund. The purpose of the corporation and the subsequent bond

28  issuance is to fund and pay the liabilities of the Special

29  Disability Trust Fund, ensure the existence of a sufficient

30  funding source for reimbursements to employers and carriers,

31  and reduce the overall costs of the program provided by the

                                  15
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  state by employers and carriers.

 2         (b)  There is created a public benefits corporation to

 3  be known as the Special Disability Trust Fund Financing

 4  Corporation.

 5         1.  The corporation shall operate under a three-member

 6  board of directors consisting of the Governor or a designee,

 7  the Treasurer or a designee, and the Executive Director of the

 8  State Board of Administration or a designee.

 9         2.  The corporation has all of the powers of

10  corporations under chapter 607 and under chapter 617.

11         3.  The corporation may issue bonds, notes, or other

12  evidences of indebtedness and engage in such other financial

13  transactions as are necessary to provide sufficient funds to

14  achieve the purposes of this section.

15         4.  The corporation may invest in any of the

16  investments authorized under s. 215.47.

17         5.  There shall be no liability on the part of, and no

18  cause of action shall arise against, any board members or

19  employees of the corporation or the state for any actions

20  taken by them in the performance of their duties under this

21  paragraph.

22         6.  The corporation may appoint and employ such

23  officers, agents, and employees as the corporation deems

24  advisable to operate and manage the affairs of the

25  corporation, which officers, agents, and employees may be

26  employees of the division or the State Board of

27  Administration. The corporation and the division shall have

28  the power to contract with each other for expenses incurred in

29  connection with the transfer, assumption, and settlement of

30  liabilities of the Special Disability Trust Fund.

31         7.  In addition to bonding, the corporation may also

                                  16
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  borrow from, or enter into other financing arrangements with,

 2  any market sources at interest rates not exceeding prevailing

 3  interest rates.

 4         8.  The corporation may contract with an administrator

 5  to assume the liabilities of the corporation and the Special

 6  Disability Trust Fund under this section.

 7         (c)1.  The proceeds of revenue bonds issued by this

 8  corporation may be used to pay obligations of the Special

 9  Disability Trust Fund made pursuant to this section; to

10  finance or replace previously existing borrowings or financial

11  arrangements; to pay interest on bonds; to fund reserves for

12  the bonds; to pay expenses incident to the issuance or sale of

13  any bond issued under this subsection, or for such other

14  purposes related to the financial obligations of the Special

15  Disability Trust Fund as the corporation may determine. The

16  corporation may pledge all or a portion of the revenues

17  collected under subsection (9) to secure such revenue bonds,

18  and may execute such agreements between the corporation and

19  the division, necessary or desirable in connection with the

20  issuance of any revenue bonds.

21         2.  The corporation may contract with the State Board

22  of Administration to serve as trustee with respect to debt

23  obligations issued by the corporation as provided by this

24  section and to hold, administer, and invest proceeds of such

25  debt obligations and other funds of the corporation. The State

26  Board of Administration may perform such services and may

27  contract with others to provide all or a part of such services

28  and to recover the costs and expenses of providing such

29  services.

30         (d)1.  Revenue bonds may not be issued under this

31  subsection until validated under chapter 75. In any suit,

                                  17
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  action, or proceeding involving the validity or enforceability

 2  of any bond issued under this subsection, or the security

 3  therefor, any such bond reciting in substance that it has been

 4  issued by the corporation in connection with any purpose of

 5  this section shall be conclusively deemed to have been carried

 6  out in accordance with the mandates herein. In actions under

 7  chapter 75 to validate any bonds issued by the corporation,

 8  the notice required by s. 75.06 shall be published only in

 9  Leon County and in two newspapers of general circulation in

10  the state, and the complaint and order of the court shall be

11  served only on the State Attorney of the Second Judicial

12  Circuit. The validation of at least the first obligations

13  incurred pursuant to this subsection shall be appealed to the

14  Supreme Court, to be handled on an expedited basis.

15         2.  The state hereby covenants with holders of bonds of

16  the corporation that the state will not repeal or abrogate the

17  power of the division to levy the assessments and to collect

18  the proceeds of the revenues pledged to the payment of such

19  bonds as long as any such bonds remain outstanding unless

20  adequate provision has been made for the payment of such bonds

21  pursuant to the documents authorizing the issuance of such

22  bonds.

23         3.  The corporation and its corporate existence shall

24  continue until terminated by law; however, no such law shall

25  take effect as long as the corporation has bonds outstanding

26  unless adequate provision has been made for the payment of

27  such bonds pursuant to the documents authorizing the issuance

28  of such bonds. Upon termination of the existence of the

29  corporation, all of its rights and properties in excess of its

30  obligations shall pass to and be vested in the state.

31         (e)1.  The funds, credit, property, or taxing power of

                                  18
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  the state or political subdivisions of the state shall not be

 2  pledged for the payment of such bonds. The bonds of the

 3  corporation are not a debt of the state or of any political

 4  subdivision, and neither the state nor any political

 5  subdivision is liable on such bonds. The corporation does not

 6  have the power to pledge the credit, the revenues, or the

 7  taxing power of the state or of any political subdivision. The

 8  credit, revenues, or taxing power of the state or of any

 9  political subdivision shall not be deemed to be pledged to the

10  payment of any bonds of the corporation. However, bonds issued

11  under this subsection are declared to be for an essential

12  public and governmental purpose.

13         2.  The property, revenues, and other assets of the

14  corporation; the transactions and operations of the

15  corporation and the income from such transactions and

16  operations; and all bonds issued under this paragraph and the

17  interest on such bonds, which is exempt from income taxes of

18  the United States, are exempt from taxation by the state and

19  any political subdivision, including, but not limited to, the

20  intangibles tax under chapter 199, the income tax under

21  chapter 220, and the premium tax under the Florida Insurance

22  Code. This exemption does not apply to any tax imposed by

23  chapter 220 on interest income or profits or debt obligations

24  owned by corporations other than the Special Disability Trust

25  Fund Financing Corporation. The corporation is not subject to

26  the reporting requirements mandated by the Florida Insurance

27  Code.

28         (f)  All bonds of the corporation shall be and

29  constitute legal investments without limitation for all public

30  bodies of this state; for all banks, trust companies, savings

31  banks, savings associations, savings and loan associations,

                                  19
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  and investment companies; for all administrators, executors,

 2  trustees, and other fiduciaries; for all insurance companies

 3  and associations and other persons carrying on an insurance

 4  business; and for all other persons who are now or may

 5  hereafter be authorized to invest in bonds or other

 6  obligations of the state and shall be and constitute eligible

 7  securities to be deposited as collateral for the security of

 8  any state, county, municipal, or other public funds. This

 9  paragraph shall be considered as additional and supplemental

10  authority and shall not be limited without specific reference

11  to this paragraph.

12         (g)1.  The division shall determine and report the

13  discounted value of the Special Disability Trust Fund

14  liability, as required under the provisions of this section.

15  On or before July 1, 1999, the corporation, in consultation

16  with the division, may develop and issue a request for

17  proposal for the transfer and assumption of liabilities, and

18  administration of certain functions related to claims on the

19  Special Disability Trust Fund to an administrator. The

20  corporation, in consultation with the division, may select one

21  or more qualified administrators to assume the liabilities of

22  the Special Disability Trust Fund or to perform the certain

23  functions enumerated in this section. The liabilities to be

24  transferred and assumed or the functions to be performed as a

25  result of this selection shall be determined by the

26  corporation and may include but not be limited to:  reviewing,

27  auditing, litigating, and reimbursing claims, and performing

28  risk and information management functions. The administrator

29  shall have experience in workers' compensation claims

30  management of sufficient scope and size to undertake the

31  duties and responsibilities of this section and shall

                                  20
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  demonstrate the ability to meet the criteria established by

 2  the corporation, in consultation with the division, which

 3  shall include the ability to substantially reduce the overall

 4  costs of reviewing and reimbursing claims, and to settle and

 5  extinguish the liabilities of the Special Disability Trust

 6  Fund in a more cost efficient and more timely manner than

 7  presently provided by the division. In the event liabilities

 8  or claims on the Special Disabilities Trust Fund are

 9  transferred to and assumed by an administrator, such

10  administrator shall provide the state with financial assurance

11  as to the satisfaction of any such liabilities or claims.

12         2.  In the event the corporation, in consultation with

13  the division, selects an administrator for the Special

14  Disability Trust Fund, all monetary assets and claims

15  liabilities held in and accruing to the Special Disability

16  Trust Fund may be transferred to and fully assumed by the

17  corporation. All subsequent assessments under subsection (9)

18  shall be collected by the division, deposited into the Special

19  Disability Trust Fund, and used exclusively for the debt

20  service of the bonds issued by the corporation, the payment of

21  outstanding liabilities of the Special Disability Trust Fund

22  and expenses of the corporation.

23         (h)  The administrator is prohibited from reviewing,

24  auditing, litigating, reimbursing, or settling any pending or

25  future claim or liability of its affiliates or subsidiaries.

26  The administrator is required to subcontract the

27  responsibility of reviewing, auditing, litigating,

28  reimbursing, or settling such a claim or liability.

29         (i)  The Auditor General is authorized to examine and

30  audit the records and accounts of the corporation.

31

                                  21
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1  (Redesignate subsequent sections.)

 2

 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         On page 1, line 10, after the semicolon,

 7

 8  insert:

 9         amending s. 440.49, F.S., creating the Special

10         Disability Trust Fund Financing Corporation;

11         providing purposes; providing for a board of

12         directors; providing powers and duties of the

13         corporation; authorizing the Division of

14         Workers' Compensation to enter into service

15         contracts for certain purposes; authorizing the

16         corporation to issue evidences of indebtedness;

17         authorizing the corporation to validate bond

18         obligations; exempting the corporation from

19         certain taxes and assessments; providing

20         application; providing for reversion of the

21         assets to the State upon dissolution of the

22         corporation; providing for the State Board of

23         Administration to be a trustee of the

24         corporation's securities; authorizing the

25         corporation, in consultation with the division

26         to issue a request for proposal for

27         administration of the claims of the fund;

28         authorizing the transfer and assumption of the

29         liabilities of the Special Disability Trust

30         Fund to an administrator if it is determined by

31         the corporation in consultation with the

                                  22
    4:48 PM   04/14/98                              s1092c1c-19m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1092

    Amendment No.    





 1         division that such an arrangement would be more

 2         cost effective than the current administration

 3         by the division; authorizing the Auditor

 4         General to examine and audit the records of the

 5         corporation;

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  23
    4:48 PM   04/14/98                              s1092c1c-19m0a