| 1 | Representative Holder offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 139 and 140, insert: |
| 5 | Section 3. Paragraph (b) of subsection (9) of section |
| 6 | 440.49, Florida Statutes, is amended to read: |
| 7 | 440.49 Limitation of liability for subsequent injury |
| 8 | through Special Disability Trust Fund.- |
| 9 | (9) SPECIAL DISABILITY TRUST FUND.- |
| 10 | (b)1. The Special Disability Trust Fund shall be |
| 11 | maintained by annual assessments upon the insurance companies |
| 12 | writing compensation insurance in the state, the commercial |
| 13 | self-insurers under ss. 624.462 and 624.4621, the assessable |
| 14 | mutuals as defined in s. 628.6011, and the self-insurers under |
| 15 | this chapter, which assessments shall become due and be paid |
| 16 | quarterly at the same time and in addition to the assessments |
| 17 | provided in s. 440.51. The department shall estimate annually in |
| 18 | advance the amount necessary for the administration of this |
| 19 | subsection and the maintenance of this fund and shall make such |
| 20 | assessment in the manner hereinafter provided. |
| 21 | 2. The annual assessment shall be calculated to produce |
| 22 | during the next calendar ensuing fiscal year an amount which, |
| 23 | when combined with that part of the balance anticipated to be in |
| 24 | the fund on December 31 June 30 of the current calendar fiscal |
| 25 | year which is in excess of $100,000, is equal to the average of: |
| 26 | a. The sum of disbursements from the fund during the |
| 27 | immediate past 3 calendar years, and |
| 28 | b. Two times the disbursements of the most recent calendar |
| 29 | year. |
| 30 | c. Such assessment rate shall first apply on a calendar |
| 31 | year basis for the period beginning January 1, 2012, and shall |
| 32 | be included in workers' compensation rate filings approved by |
| 33 | the office which become effective on or after January 1, 2012. |
| 34 | The assessment rate effective January 1, 2011, shall also apply |
| 35 | to the interim period from July 1, 2011, through December 31, |
| 36 | 2011, and shall be included in workers' compensation rate |
| 37 | filings, whether regular or amended, approved by the office |
| 38 | which become effective on or after July 1, 2011. Thereafter, the |
| 39 | annual assessment rate shall take effect January 1 of the next |
| 40 | calendar year and shall be included in workers' compensation |
| 41 | rate filings approved by the office which become effective on or |
| 42 | after January 1 of the next calendar year. Assessments shall |
| 43 | become due and be paid quarterly. |
| 44 |
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| 45 | Such amount shall be prorated among the insurance companies |
| 46 | writing compensation insurance in the state and the self- |
| 47 | insurers. Provided however, for those carriers that have |
| 48 | excluded ceded reinsurance premiums from their assessments on or |
| 49 | before January 1, 2000, no assessments on ceded reinsurance |
| 50 | premiums shall be paid by those carriers until such time as the |
| 51 | former Division of Workers' Compensation of the Department of |
| 52 | Labor and Employment Security or the department advises each of |
| 53 | those carriers of the impact that the inclusion of ceded |
| 54 | reinsurance premiums has on their assessment. The department may |
| 55 | not recover any past underpayments of assessments levied against |
| 56 | any carrier that on or before January 1, 2000, excluded ceded |
| 57 | reinsurance premiums from their assessment prior to the point |
| 58 | that the former Division of Workers' Compensation of the |
| 59 | Department of Labor and Employment Security or the department |
| 60 | advises of the appropriate assessment that should have been |
| 61 | paid. |
| 62 | 3. The net premiums written by the companies for workers' |
| 63 | compensation in this state and the net premium written |
| 64 | applicable to the self-insurers in this state are the basis for |
| 65 | computing the amount to be assessed as a percentage of net |
| 66 | premiums. Such payments shall be made by each carrier and self- |
| 67 | insurer to the department for the Special Disability Trust Fund |
| 68 | in accordance with such regulations as the department |
| 69 | prescribes. |
| 70 | 4. The Chief Financial Officer is authorized to receive |
| 71 | and credit to such Special Disability Trust Fund any sum or sums |
| 72 | that may at any time be contributed to the state by the United |
| 73 | States under any Act of Congress, or otherwise, to which the |
| 74 | state may be or become entitled by reason of any payments made |
| 75 | out of such fund. |
| 76 |
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| 77 |
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| 78 | ----------------------------------------------------- |
| 79 | T I T L E A M E N D M E N T |
| 80 | Remove line 9 and insert: |
| 81 | made on a prepaid card; amending s. 440.49, F.S.; revising the |
| 82 | dates applicable to calculations of annual assessments upon |
| 83 | certain workers' compensation insurers relating to the special |
| 84 | disability trust fund; providing application to specified years |
| 85 | and rate filings; amending s. 624.402, F.S.; |