HB 5603

1	A bill to be entitled
2	An act relating to the Department of Financial Services;
3	amending s. 17.04, F.S.; authorizing the Division of
4	Insurance Fraud and the Office of Fiscal Integrity to
5	conduct certain enforcement investigations; amending s.
6	20.121, F.S.; transferring the Office of Fiscal Integrity
7	of the Division of Accounting and Auditing of the
8	Department of Financial Services to the department's
9	Division of Insurance Fraud; amending ss. 284.01 and
10	284.36, F.S.; revising criteria for premiums charged to
11	agencies and departments for purposes of the State Risk
12	Management Trust Fund; amending s. 284.42, F.S.; revising
13	reporting requirements on the state insurance program;
14	requiring the Division of Risk Management to analyze and
15	report on certain agency return-to-work programs and
16	activities; amending s. 284.50, F.S.; requiring certain
17	agencies to establish and maintain return-to-work programs
18	for certain employees; providing program goals; providing
19	construction; requiring the Division of Risk Management to
20	evaluate agency risk management programs; requiring
21	reports; requiring agencies to respond to the division's
22	evaluation and recommendations; requiring the division to
23	submit the evaluation report to the legislative
24	appropriations committees; amending s. 440.50, F.S.;
25	providing for reversion of certain unencumbered and
26	undisbursed funds to the Workers' Compensation
27	Administration Trust Fund; providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Section 17.04, Florida Statutes, is amended to
32	read:
33	17.04  To audit and adjust accounts of officers and those
34	indebted to the state.-The Chief Financial Officer, using
35	generally accepted auditing procedures for testing or sampling,
36	shall examine, audit, adjust, and settle the accounts of all the
37	officers of this state, and any other person in anywise
38	entrusted with, or who may have received any property, funds, or
39	moneys of this state, or who may be in anywise indebted or
40	accountable to this state for any property, funds, or moneys,
41	and require such officer or persons to render full accounts
42	thereof, and to yield up such property or funds according to
43	law, or pay such moneys into the treasury of this state, or to
44	such officer or agent of the state as may be appointed to
45	receive the same, and on failure so to do, to cause to be
46	instituted and prosecuted proceedings, criminal or civil, at law
47	or in equity, against such persons, according to law. The
48	Division of Accounting and Auditing and the Office of Fiscal
49	Integrity within the Division of Insurance Fraud may conduct
50	investigations within or outside of this state as it deems
51	necessary to aid in the enforcement of this section. If during
52	an investigation either the division or the office has reason to
53	believe that any criminal statute of this state has or may have
54	been violated, such the division or the office shall refer any
55	records tending to show such violation to state or federal law
56	enforcement or prosecutorial agencies and shall provide
57	investigative assistance to those agencies as required.
58	Section 2.  Paragraphs (a) and (e) of subsection (2) of
59	section 20.121, Florida Statutes, are amended to read:
60	20.121  Department of Financial Services.-There is created
61	a Department of Financial Services.
62	(2)  DIVISIONS.-The Department of Financial Services shall
63	consist of the following divisions:
64	(a)  The Division of Accounting and Auditing, which shall
65	include the following bureau and office:
66	1.  the Bureau of Unclaimed Property.
67	2.  The Office of Fiscal Integrity which shall function as
68	a criminal justice agency for purposes of ss. 943.045-943.08 and
69	shall have a separate budget. The office may conduct
70	investigations within or outside this state as the bureau deems
71	necessary to aid in the enforcement of this section. If during
72	an investigation the office has reason to believe that any
73	criminal law of this state has or may have been violated, the
74	office shall refer any records tending to show such violation to
75	state or federal law enforcement or prosecutorial agencies and
76	shall provide investigative assistance to those agencies as
77	required.
78	(e)  The Division of Insurance Fraud, which shall include
79	the Office of Fiscal Integrity. The office shall function as a
80	criminal justice agency for purposes of ss. 943.045-943.08 and
81	shall have a separate budget. The office may conduct
82	investigations within or outside this state as the division
83	deems necessary to aid in the enforcement of this section. If
84	during an investigation the office has reason to believe that
85	any criminal law of this state has or may have been violated,
86	the office shall refer any records tending to show such
87	violation to state or federal law enforcement or prosecutorial
88	agencies and shall provide investigative assistance to those
89	agencies as required.
90	Section 3.  Subsection (5) of section 284.01, Florida
91	Statutes, is amended to read:
92	284.01  State Risk Management Trust Fund; coverages to be
93	provided.-
94	(5)  Premiums charged to agencies for coverage shall be
95	adopted promulgated on a retrospective rating arrangement based
96	upon actual losses accruing to the fund and loss prevention
97	results, taking into account reasonable expectations,
98	maintenance, and stability of the fund and cost of reinsurance.
99	Section 4.  Section 284.36, Florida Statutes, is amended to
100	read:
101	284.36  Appropriation deposits; premium payment.-Premiums
102	for coverage by the State Risk Management Trust Fund as
103	calculated on all coverages shall be billed and charged to each
104	state agency according to coverages obtained by the fund for
105	their benefit, and such obligations shall be paid promptly by
106	each agency from its operating budget upon presentation of a
107	bill therefor. After the first year of operation, premiums to be
108	charged to all departments of the state are to be computed on a
109	retrospective rating arrangement based upon actual losses
110	accruing to the fund and loss prevention results, taking into
111	account reasonable expectations, the maintenance and stability
112	of the fund, and the cost of insurance.
113	Section 5.  Subsection (1) of section 284.42, Florida
114	Statutes, is amended to read:
115	284.42  Reports on state insurance program.-
116	(1)(a)  The Department of Financial Services, with the
117	Department of Management Services, shall conduct make an
118	analysis of the state insurance program each year and submit the
119	results on or before January 1 in a report to the Governor, the
120	President of the Senate, and the Speaker of the House of
121	Representatives annually, which shall include:
122	1.(a)  Complete underwriting information as to the nature
123	of the risks accepted for self-insurance and those risks that
124	are transferred to the insurance market.
125	2.(b)  The funds allocated to the Florida Casualty Risk
126	Management Trust Fund and premiums paid for insurance through
127	the market.
128	3.(c)  The method of handling legal matters and the cost
129	allocated.
130	4.(d)  The method and cost of handling inspection and
131	engineering of risks.
132	5.(e)  The cost of risk management service purchased.
133	6.(f)  The cost of managing the State Insurance Program by
134	the Department of Financial Services and the Department of
135	Management Services.
136	(b)  Beginning January 1, 2012, the Division of Risk
137	Management shall include in its annual report an analysis of
138	agency return-to-work efforts, including, but not limited to,
139	agency return-to-work program performance metrics and a status
140	report on participating return-to-work programs. The report
141	shall specify benchmarks, including, but not limited to, the
142	average lost-time claims per year, per agency; the total number
143	of lost claims; and specific agency measurable outcomes
144	indicating the change in performance from year to year.
145	Section 6.  Subsections (4) and (5) are added to section
146	284.50, Florida Statutes, to read:
147	284.50  Loss prevention program; safety coordinators;
148	Interagency Advisory Council on Loss Prevention; employee
149	recognition program.-
150	(4)  All agencies that are provided workers' compensation
151	insurance coverage by the State Risk Management Trust Fund that
152	employ more than 6,000 full-time employees shall establish and
153	maintain return-to-work programs for employees who are receiving
154	workers' compensation benefits. Such programs shall have the
155	primary goal of enabling injured workers to remain at work or
156	return to work to perform job duties within the physical or
157	mental functional limitations and restrictions established by
158	the workers' treating physicians. If no such limitations or
159	restrictions are established in writing by a worker's treating
160	physician, the worker shall be deemed to be able to fully
161	perform the same work duties he or she performed prior to the
162	injury.
163	(5)  The Division of Risk Management shall evaluate each
164	agency's risk management programs, including, but not limited
165	to, return-to-work, safety, and loss prevention programs, at
166	least once every 5 years. Reports, including, but not limited
167	to, any recommended corrective action, resulting from such
168	evaluations shall be provided to the head of the agency being
169	evaluated, the Chief Financial Officer, and the Director of the
170	Division of Risk Management. The agency head must provide to the
171	Division of Risk Management a response to all report
172	recommendations within 45 days and a plan to implement any
173	corrective action to be taken as part of the response. If the
174	agency disagrees with any final report recommendations,
175	including, but not limited to, any recommended corrective
176	action, or if the agency fails to implement any recommended
177	corrective action within a reasonable time, the division shall
178	submit the evaluation report to the legislative appropriations
179	committees.
180	Section 7.  Subsection (5) is added to section 440.50,
181	Florida Statutes, to read:
182	440.50  Workers' Compensation Administration Trust Fund.-
183	(5)  Funds appropriated by operating appropriation or
184	nonoperating transfer from the Workers' Compensation
185	Administration Trust Fund to the Department of Education, the
186	Agency for Health Care Administration, the Department of
187	Business and Professional Regulation, the Department of
188	Management Services, the First District Court of Appeal, and the
189	Justice Administrative Commission remaining unencumbered as of
190	June 30 or undisbursed as of September 30 each year shall revert
191	to the Workers' Compensation Administration Trust Fund.
192	Section 8.  This act shall take effect July 1, 2010.

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