Senate Bill 1806e1

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  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 440.02, F.S.; defining the term

  4         "net direct written premium"; amending s.

  5         440.49, F.S.; revising the method of

  6         calculating payments to the Special Disability

  7         Trust Fund; amending s. 440.51, F.S.; revising

  8         the method of determining expenses of

  9         administration; amending s. 627.914, F.S.;

10         revising the requirements for reports of

11         information by workers' compensation insurers;

12         requiring a report by the Division of Workers'

13         Compensation; providing applicability; creating

14         the Workers' Compensation Rating Law Study

15         Commission; providing for appointment of

16         members; requiring the commission to make a

17         study and recommendations; authorizing the

18         commission to contract with independent parties

19         for certain information; entitling commission

20         members to reimbursement for travel and

21         expenses; providing an appropriation; providing

22         an effective date.

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24  Be It Enacted by the Legislature of the State of Florida:

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26         Section 1.  Subsection (40) is added to section 440.02,

27  Florida Statutes, 1998 Supplement, to read:

28         440.02  Definitions.--When used in this chapter, unless

29  the context clearly requires otherwise, the following terms

30  shall have the following meanings:

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  1         (40)  "Net direct written premiums" means premiums

  2  arising from workers' compensation policies issued by an

  3  insurer in Florida as the primary insurance carrier, adjusted

  4  for any return or additional premiums arising from

  5  endorsements, cancellations, audits, retrospective rating

  6  plans, and dividends paid or credited to policyholders, but

  7  without deduction for ceded reinsurance premiums transferred

  8  to another insurance company for reinsurance purchased. When

  9  reporting deductible policy premium for the purposes of ss.

10  440.49 and 440.51, full policy premium value must be reported

11  prior to application of deductible discounts or credits.

12         Section 2.  Paragraph (b) of subsection (9) of section

13  440.49, Florida Statutes, 1998 Supplement, is amended to read:

14         440.49  Limitation of liability for subsequent injury

15  through Special Disability Trust Fund.--

16         (9)  SPECIAL DISABILITY TRUST FUND.--

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

18  maintained by annual assessments upon the insurance companies

19  writing compensation insurance in the state, the commercial

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

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

22  chapter, which assessments shall become due and be paid

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

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

25  advance the amount necessary for the administration of this

26  subsection and the maintenance of this fund and shall make

27  such assessment in the manner hereinafter provided.

28         2.  The annual assessment shall be calculated to

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

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

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

  2  equal to the average of:

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

  4  immediate past 3 calendar years, and

  5         b.  Two times the disbursements of the most recent

  6  calendar year.

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  8  Such amount shall be prorated among the insurance companies

  9  writing compensation insurance in the state and the

10  self-insurers.

11         3.  The Net direct written premiums written by carriers

12  and the amount of premiums calculated by the division for

13  self-insured employers the companies for workers' compensation

14  in this state and the net premium written applicable to the

15  self-insurers in this state, in accordance with the National

16  Council on Compensation Insurance Basic Manual for Workers'

17  Compensation and Employers Liability Insurance for

18  self-insurers (1999 edition), are the basis for computing the

19  amount to be assessed as a percentage of net premiums. Such

20  payments shall be made by each carrier insurance company and

21  self-insurer to the division for the Special Disability Trust

22  Fund in accordance with such regulations as the division

23  prescribes.

24         4.  The Treasurer is authorized to receive and credit

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

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

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

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

29  of such fund.

30         Section 3.  Subsection (1) of section 440.51, Florida

31  Statutes, is amended to read:


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  1         440.51  Expenses of administration.--

  2         (1)  The division shall estimate annually in advance

  3  the amounts necessary for the administration of this chapter,

  4  in the following manner.

  5         (a)  The division shall, before November 15 as soon as

  6  practicable after July 1 in each year, determine the

  7  anticipated expenses of administration for the next calendar

  8  expense of administration of this chapter for the preceding

  9  fiscal year.  The expense of administration for such calendar

10  preceding fiscal year shall be used as the basis for

11  determining the amount to be assessed against each carrier in

12  order to provide for the expenses of the administration of

13  this chapter for the next calendar current fiscal year. The

14  determined assessment rate shall be announced by the division

15  as soon as practicable after such determination and becomes

16  effective January 1. However, for fiscal year 2000-2001, the

17  division shall impose an interim rate to facilitate

18  transition.

19         (b)  The total expenses of administration shall be

20  prorated among carriers the insurance companies writing

21  compensation insurance in the state and self-insurers.  The

22  net direct written premiums collected by carriers the

23  companies and the amount of premiums calculated by the

24  division for self-insured employers a self-insurer would have

25  to pay if insured are the basis for computing the amount to be

26  assessed. This amount may be assessed as a specific amount or

27  as a percentage of net direct written premiums payable as the

28  division may direct, provided such amount so assessed shall

29  not exceed 4 percent of such net direct written premiums.  The

30  carriers insurance companies may elect to make the payments

31  required under s. 440.15(1)(f) s. 440.15(1)(e) rather than


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  1  having these payments made by the division.  In that event,

  2  such payments will be credited to the carriers insurance

  3  companies, and the amount due by the carrier insurance company

  4  under this section will be reduced accordingly.

  5         Section 4.  Effective July 1, 1999, section 627.914,

  6  Florida Statutes, is amended to read:

  7         627.914  Reports of information by workers'

  8  compensation insurers required.--

  9         (1)  The department shall promulgate rules and

10  statistical plans which shall thereafter be used by each

11  insurer and self-insurance fund as defined in s. 624.461 in

12  the recording and reporting of loss, expense, and claims

13  experience, in order that the experience of all insurers and

14  self-insurance funds self-insurers may be made available at

15  least annually in such form and detail as may be necessary to

16  aid the department in determining whether Florida experience

17  for workers' compensation insurance is sufficient for

18  establishing rates.

19         (2)  Any insurer authorized to write a policy of

20  workers' compensation insurance shall transmit the following

21  information to the department each year with its annual

22  report, and such information shall be reported on a net basis

23  with respect to reinsurance for nationwide experience and on a

24  direct basis for Florida experience:

25         (a)  Premiums written;

26         (b)  Premiums earned;

27         (c)  Dividends paid or credited to policyholders;

28         (d)  Losses paid;

29         (e)  Allocated loss adjustment expenses;

30         (f)  The ratio of allocated loss adjustment expenses to

31  losses paid;


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  1         (g)  Unallocated loss adjustment expenses;

  2         (h)  The ratio of unallocated loss adjustment expenses

  3  to losses paid;

  4         (i)  The total of losses paid and unallocated and

  5  allocated loss adjustment expenses;

  6         (j)  The ratio of losses paid and unallocated and

  7  allocated loss adjustment expenses to premiums earned;

  8         (k)  The number of claims outstanding as of December 31

  9  of each year;

10         (l)  The total amount of losses unpaid as of December

11  31 of each year;

12         (m)  The total amount of allocated and unallocated loss

13  adjustment expenses unpaid as of December 31 of each year; and

14         (n)  The total of losses paid and allocated loss

15  adjustment expenses and unallocated loss adjustment expenses,

16  plus the total of losses unpaid as of December 31 of each year

17  and loss adjustment expenses unpaid as of December 31 of each

18  year.

19         (3)  A report of the information required in subsection

20  (2) shall be filed no later than April 1 of each year and

21  shall include the information for the preceding year ending

22  December 31. All reports shall be on a calendar-accident year

23  basis, and each calendar-accident year shall be reported at

24  eight stages of development.

25         (2)(4)  Each insurer and self-insurance fund authorized

26  to write a policy of workers' compensation insurance shall

27  transmit the information for paragraphs (a) through (e) (a),

28  (b), (d), and (e) annually on both Florida experience and

29  nationwide experience separately:

30         (a)  Payrolls by classification.

31         (b)  Manual premiums by classification.


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  1         (c)  Standard premiums by classification.

  2         (d)  Losses by classification and injury type.

  3         (e)  Expenses.

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  5  A report of this information shall be filed no later than July

  6  1 April 1 of each year.  All reports shall be filed in

  7  accordance with standard reporting procedures for insurers,

  8  which procedures have received approval by the department, and

  9  shall contain data for the most recent policy period

10  available.  A statistical or rating organization may be used

11  by insurers and self-insurance funds to report the data

12  required by this section.  The statistical or rating

13  organization shall report each data element in the aggregate

14  only for insurers and self-insurance funds required to report

15  under this section who elect to have the rating organization

16  report on their behalf. Such insurers and self-insurance funds

17  shall be named in the report.

18         (3)(5)  Individual self-insurers authorized to transact

19  workers' compensation insurance as provided in s.

20  440.02(21)(a) s. 440.02 shall report only Florida data as

21  prescribed in paragraphs (a) through (e) of subsection (2) (4)

22  to the Division of Workers' Compensation of the Department of

23  Labor and Employment Security.

24         (a)  The Division of Workers' Compensation shall

25  publish the dates and forms necessary to enable individual

26  self-insurers to comply with this section.

27         (b)  The Division of Workers' Compensation shall report

28  the information collected under this section to the Department

29  of Insurance in a manner prescribed by the department.

30         (b)(c)  A statistical or rating organization may be

31  used by individual self-insurers for the purposes of reporting


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  1  the data required by this section and calculating experience

  2  ratings.

  3         (6)  The department shall analyze the information

  4  reported for the years 1982-1985 and shall report to the

  5  Legislature prior to August 1, 1986, on the sufficiency, by

  6  classification, of Florida experience for use in rating

  7  workers' compensation insurance.

  8         (4)(7)  The department shall provide a summary of

  9  information provided pursuant to subsection subsections (2)

10  and (4) in its annual report.

11         Section 5.  On or before January 1, 2000, the Division

12  of Workers' Compensation shall report to the President of the

13  Senate and the Speaker of the House of Representatives an

14  estimate of the amount of the reduction in the assessment rate

15  needed to fund the anticipated expenses of administration for

16  the division which result from the amendment of section

17  440.51(1), Florida Statutes, by this act.

18         Section 6.  To the extent that this act substantively

19  changes the calculation of the premiums subject to assessment,

20  it shall apply only to policies issued or renewed on or after

21  its effective date.

22         Section 7.  Workers' Compensation Rating Law Study

23  Commission.--

24         (1)  There is created the Workers' Compensation Rating

25  Law Study Commission consisting of the following nine members:

26         (a)  Four members appointed by the President of the

27  Senate, including:

28         1.  Two members of the Senate;

29         2.  A member of an association representing employers;

30  and

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  1         3.  A member of a domestic workers' compensation

  2  insurer.

  3         (b)  Four members appointed by the Speaker of the House

  4  of Representatives, including;

  5         1.  Two members of the House of Representatives;

  6         2.  A member of an association representing employers;

  7  and

  8         3.  A member of a national workers' compensation

  9  insurer.

10         (c)  The Insurance Commissioner or his or her

11  designated representative within the Department of Insurance.

12         (2)  Each member may receive per diem and expenses for

13  travel, as provided in section 112.061, Florida Statutes,

14  while carrying out official business of the commission.

15         (3)  Appointments must be made by June 1, 1999, and the

16  commission's first meeting must be held by August 15, 1999.

17  The commission shall continue to exist until December 1, 1999.

18  The chairman shall be designated from the membership.

19         Section 8.  Duties and responsibilities.--The Workers'

20  Compensation Rating Law Commission shall:

21         (1)  Hold a minimum of three public hearings, including

22  at least one in Tallahassee, to receive public comment and

23  input relative to Florida's workers' compensation rating law.

24         (2)  Perform a study of Florida's workers' compensation

25  rating law and other state workers' compensation rating law

26  alternatives. The study shall include an analysis of prior

27  approval full-rate, loss-costs, and open-competition rating

28  laws and their impact on rates and premiums. The study shall

29  be limited in scope to workers' compensation rating laws. The

30  commission shall not study other aspects of the workers'

31  compensation system under chapter 440, Florida Statutes.


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  1         (3)  Make recommendations concerning the most

  2  appropriate method for establishing rates and premiums for

  3  workers' comprehensive in Florida.

  4         (4)  The study commission may contract with independent

  5  parties to provide such information to the commission as it

  6  determines is necessary to complete its study and

  7  recommendations.

  8         (5)  The study commission shall report its findings and

  9  recommendations to the President of the Senate and the Speaker

10  of the House of Representatives by December 15, 1999.

11         Section 9.  There is appropriated $100,000 from the

12  Insurance Commissioner's Regulatory Trust Fund for

13  implementing the provisions of this act.

14         Section 10.  Except for this section and sections 7, 8,

15  and 9, which shall take effect upon becoming a law, and except

16  as otherwise provided in this act, this act shall take effect

17  July 1, 2000.

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