Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1252
                                Barcode 701518                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/27/2011           .                                

       The Committee on Rules (Smith) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 122 and 123
    4  insert:
    5         Section 4. 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.—
   10         (b)1. The Special Disability Trust Fund shall be maintained
   11  by annual assessments on upon the insurance companies writing
   12  compensation insurance in the state, the commercial self
   13  insurers under ss. 624.462 and 624.4621, the assessable mutuals
   14  as defined in s. 628.6011, and the self-insurers under this
   15  chapter, which assessments are due and payable shall become due
   16  and be paid quarterly at the same time and in addition to the
   17  assessments provided in s. 440.51.
   18         1. The department shall estimate annually in advance the
   19  amount necessary for the administration of this subsection and
   20  the maintenance of this fund and shall make such assessment as
   21  provided in this subparagraph in the manner hereinafter
   22  provided.
   23         a.2. The annual assessment shall be calculated to produce
   24  during the ensuing fiscal year an amount which, when combined
   25  with that part of the balance in the fund on June 30 of the
   26  current fiscal year which is in excess of $100,000, is equal to
   27  the average of:
   28         (I)a. The sum of disbursements from the fund during the
   29  immediate past 3 calendar years;, and
   30         (II)b. Two times the disbursements of the most recent
   31  calendar year.
   32         b. The assessment shall be applied on a calendar year basis
   33  beginning January 1, 2012, and be included in the workers’
   34  compensation rate filings approved by the office which become
   35  effective on or after January 1, 2012. The assessment effective
   36  January 1, 2011, also applies to the interim period from July 1,
   37  2011, through December 31, 2011, and is included in the workers’
   38  compensation rate filings, whether regular or amended, approved
   39  by the office which are effective on or after July 1, 2011.
   40  Thereafter, the annual assessment takes effect January 1 of the
   41  next calendar year and is included in the workers’ compensation
   42  rate filings approved by the office which become effective on or
   43  after January 1 of the next calendar year.
   44         c. Such amount shall be prorated among the insurance
   45  companies writing compensation insurance in the state and the
   46  self-insurers. Provided However, for those carriers that have
   47  excluded ceded reinsurance premiums from their assessments on or
   48  before January 1, 2000, no assessments on ceded reinsurance
   49  premiums may not shall be paid by those carriers until such time
   50  as the former Division of Workers’ Compensation of the
   51  Department of Labor and Employment Security or the department
   52  advises each of those carriers of the impact that the inclusion
   53  of ceded reinsurance premiums has on their assessment. The
   54  division department may not recover any past underpayments of
   55  assessments levied against any carrier that on or before January
   56  1, 2000, excluded ceded reinsurance premiums from their
   57  assessment before prior to the point that the former Division of
   58  Workers’ Compensation of the Department of Labor and Employment
   59  Security or the department advises of the appropriate assessment
   60  that should have been paid.
   61         3. The net premiums written by the companies for workers’
   62  compensation in this state and the net premium written
   63  applicable to the self-insurers in this state are the basis for
   64  computing the amount to be assessed as a percentage of net
   65  premiums. Such payments shall be made by each carrier and self
   66  insurer to the department for the Special Disability Trust Fund
   67  in accordance with such regulations as the department
   68  prescribes.
   69         4. The Chief Financial Officer may is authorized to receive
   70  and credit to such Special Disability Trust Fund any sum or sums
   71  that may at any time be contributed to the state by the United
   72  States under any Act of Congress, or otherwise, to which the
   73  state may be or become entitled by reason of any payments made
   74  out of such fund.
   76  ================= T I T L E  A M E N D M E N T ================
   77         And the title is amended as follows:
   78         Delete line 8
   79  and insert:
   80         requirements; amending s. 440.49, F.S.; specifying
   81         that the assessment for the Special Disability Trust
   82         Fund be applied on a calendar year basis; amending s.
   83         624.402, F.S.; revising