Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/HB 7085, 1st Eng.
       
       
       
       
       
       
                                Ì387122~Î387122                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             05/05/2017 11:23 AM       .                                
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       Senator Rodriguez moved the following:
       
    1         Senate Amendment to Amendment (655850) (with title
    2  amendment)
    3  
    4         Delete lines 408 - 850
    5  and insert:
    6         Section 8. Section 440.34, Florida Statutes, is amended to
    7  read:
    8         440.34 Attorney Attorney’s fees; costs.—
    9         (1)(a) A fee, gratuity, or other consideration may not be
   10  paid by a carrier or employer for a claimant in connection with
   11  any proceedings arising under this chapter, unless approved by
   12  the judge of compensation claims or court having jurisdiction
   13  over such proceedings. Any attorney fees attorney’s fee approved
   14  by a judge of compensation claims for benefits secured on behalf
   15  of a claimant must equal to 20 percent of the first $5,000 of
   16  the amount of the benefits secured, 15 percent of the next
   17  $5,000 of the amount of the benefits secured, 10 percent of the
   18  remaining amount of the benefits secured to be provided during
   19  the first 10 years after the date the claim is filed, and 5
   20  percent of the benefits secured after 10 years.
   21         (b) However, the judge of compensation claims shall
   22  consider the following factors in each case and may increase or
   23  decrease the attorney fees, based on a maximum hourly rate of
   24  $225 per hour, if in his or her judgment he or she expressly
   25  finds that the circumstances of the particular case warrant such
   26  action:
   27         1. The time and labor required, the novelty and difficulty
   28  of the questions involved, and the skill requisite to perform
   29  the legal service properly.
   30         2. The fee customarily charged in the locality for similar
   31  legal services.
   32         3. The amount involved in the controversy and the benefits
   33  resulting to the claimant.
   34         4. The time limitation imposed by the claimant or the
   35  circumstances.
   36         5. The experience, reputation, and ability of the attorney
   37  or attorneys performing services.
   38         6. The contingency or certainty of a fee.
   39         (c) The judge of compensation claims shall not approve a
   40  compensation order, a joint stipulation for lump-sum settlement,
   41  a stipulation or agreement between a claimant and his or her
   42  attorney, or any other agreement related to benefits under this
   43  chapter which provides for attorney fees paid by a carrier or
   44  employer an attorney’s fee in excess of the amount permitted by
   45  this section. The judge of compensation claims is not required
   46  to approve any retainer agreement between the claimant and his
   47  or her attorney. The retainer agreement as to fees and costs may
   48  not be for compensation in excess of the amount allowed under
   49  this subsection or subsection (7).
   50         (2) In awarding a claimant’s attorney fees paid by a
   51  carrier or employer attorney’s fee, the judge of compensation
   52  claims shall consider only those benefits secured by the
   53  attorney. An attorney is not entitled to attorney attorney’s
   54  fees for representation in any issue that was ripe, due, and
   55  owing and that reasonably could have been addressed, but was not
   56  addressed, during the pendency of other issues for the same
   57  injury. The amount, statutory basis, and type of benefits
   58  obtained through legal representation shall be listed on all
   59  attorney attorney’s fees awarded by the judge of compensation
   60  claims. For purposes of this section, the term “benefits
   61  secured” does not include future medical benefits to be provided
   62  on any date more than 5 years after the date the claim is filed.
   63  In the event an offer to settle an issue pending before a judge
   64  of compensation claims, including attorney attorney’s fees as
   65  provided for in this section, is communicated in writing to the
   66  claimant or the claimant’s attorney at least 30 days prior to
   67  the trial date on such issue, for purposes of calculating the
   68  amount of attorney attorney’s fees to be taxed against the
   69  employer or carrier, the term “benefits secured” shall be deemed
   70  to include only that amount awarded to the claimant above the
   71  amount specified in the offer to settle. If multiple issues are
   72  pending before the judge of compensation claims, said offer of
   73  settlement shall address each issue pending and shall state
   74  explicitly whether or not the offer on each issue is severable.
   75  The written offer shall also unequivocally state whether or not
   76  it includes medical witness fees and expenses and all other
   77  costs associated with the claim.
   78         (3) If any party should prevail in any proceedings before a
   79  judge of compensation claims or court, there shall be taxed
   80  against the nonprevailing party the reasonable costs of such
   81  proceedings, not to include attorney attorney’s fees. A claimant
   82  is responsible for the payment of her or his own attorney
   83  attorney’s fees, except that a claimant is entitled to recover
   84  attorney fees an attorney’s fee in an amount equal to the amount
   85  provided for in subsection (1) or subsection (7) from a carrier
   86  or employer:
   87         (a) Against whom she or he successfully asserts a petition
   88  for medical benefits only, if the claimant has not filed or is
   89  not entitled to file at such time a claim for disability,
   90  permanent impairment, wage-loss, or death benefits, arising out
   91  of the same accident;
   92         (b) In any case in which the employer or carrier files a
   93  response to petition denying benefits with the Office of the
   94  Judges of Compensation Claims and the injured person has
   95  employed an attorney in the successful prosecution of the
   96  petition;
   97         (c) In a proceeding in which a carrier or employer denies
   98  that an accident occurred for which compensation benefits are
   99  payable, and the claimant prevails on the issue of
  100  compensability; or
  101         (d) In cases where the claimant successfully prevails in
  102  proceedings filed under s. 440.24 or s. 440.28.
  103  
  104  Regardless of the date benefits were initially requested,
  105  attorney attorney’s fees shall not attach under this subsection
  106  until 30 days after the date the carrier or employer, if self
  107  insured, receives the petition.
  108         (4) In such cases in which the claimant is responsible for
  109  the payment of her or his own attorney attorney’s fees, such
  110  fees are a lien upon compensation payable to the claimant,
  111  notwithstanding s. 440.22.
  112         (5) If any proceedings are had for review of any claim,
  113  award, or compensation order before any court, the court may
  114  award the injured employee or dependent attorney fees an
  115  attorney’s fee to be paid by the employer or carrier, in its
  116  discretion, which shall be paid as the court may direct.
  117         (6) A judge of compensation claims may not enter an order
  118  approving the contents of a retainer agreement that permits
  119  placing any portion of the employee’s compensation into an
  120  escrow account until benefits have been secured.
  121         (7) This section may not be interpreted to limit or
  122  otherwise infringe on a claimant’s right to retain an attorney
  123  and pay the attorney reasonable attorney fees for legal services
  124  related to a claim under the Workers Compensation Law If an
  125  attorney’s fee is owed under paragraph (3)(a), the judge of
  126  compensation claims may approve an alternative attorney’s fee
  127  not to exceed $1,500 only once per accident, based on a maximum
  128  hourly rate of $150 per hour, if the judge of compensation
  129  claims expressly finds that the attorney’s fee amount provided
  130  for in subsection (1), based on benefits secured, fails to
  131  fairly compensate the attorney for disputed medical-only claims
  132  as provided in paragraph (3)(a) and the circumstances of the
  133  particular case warrant such action.
  134         Section 9. Effective July 1, 2018, subsection (10) of
  135  section 624.482, Florida Statutes, is amended to read:
  136         624.482 Making and use of rates.—
  137         (10) Any self-insurance fund that writes workers’
  138  compensation insurance and employer’s liability insurance is
  139  subject to, and shall make all rate filings for workers’
  140  compensation insurance and employer’s liability insurance in
  141  accordance with, ss. 627.091, 627.101, 627.111, 627.141,
  142  627.151, 627.171, and 627.191, and 627.211.
  143         Section 10. Effective July 1, 2018, subsections (3), (4),
  144  and (6) of section 627.041, Florida Statutes, are amended to
  145  read:
  146         627.041 Definitions.—As used in this part:
  147         (3) “Rating organization” means every person, other than an
  148  authorized insurer, whether located within or outside this
  149  state, who has as his or her object or purpose the making of
  150  prospective loss costs, rates, rating plans, or rating systems.
  151  Two or more authorized insurers that act in concert for the
  152  purpose of making prospective loss costs, rates, rating plans,
  153  or rating systems, and that do not operate within the specific
  154  authorizations contained in ss. 627.311, 627.314(2), (4), and
  155  627.351, shall be deemed to be a rating organization. No single
  156  insurer shall be deemed to be a rating organization.
  157         (4) “Advisory organization” means every group, association,
  158  or other organization of insurers, whether located within or
  159  outside this state, which prepares policy forms or makes
  160  underwriting rules incident to but not including the making of
  161  prospective loss costs, rates, rating plans, or rating systems
  162  or which collects and furnishes to authorized insurers or rating
  163  organizations loss or expense statistics or other statistical
  164  information and data and acts in an advisory, as distinguished
  165  from a ratemaking, capacity.
  166         (6) “Subscriber” means an insurer which is furnished at its
  167  request:
  168         (a) With prospective loss costs, rates, and rating manuals
  169  by a rating organization of which it is not a member; or
  170         (b) With advisory services by an advisory organization of
  171  which it is not a member.
  172         Section 11. Effective July 1, 2018, subsection (1) of
  173  section 627.0612, Florida Statutes, is amended to read:
  174         627.0612 Administrative proceedings in rating
  175  determinations.—
  176         (1) In any proceeding to determine whether prospective loss
  177  costs, rates, rating plans, or other matters governed by this
  178  part comply with the law, the appellate court shall set aside a
  179  final order of the office if the office has violated s.
  180  120.57(1)(k) by substituting its findings of fact for findings
  181  of an administrative law judge which were supported by competent
  182  substantial evidence.
  183         Section 12. Effective July 1, 2018, subsection (1) of
  184  section 627.062, Florida Statutes, is amended to read:
  185         627.062 Rate standards.—
  186         (1) The rates and loss costs for all classes of insurance
  187  to which the provisions of this part are applicable may not be
  188  excessive, inadequate, or unfairly discriminatory.
  189         Section 13. Effective July 1, 2018, subsection (1) of
  190  section 627.0645, Florida Statutes, is amended to read:
  191         627.0645 Annual filings.—
  192         (1) Each rating organization filing rates for, and each
  193  insurer writing, any line of property or casualty insurance to
  194  which this part applies, except:
  195         (a) Workers’ compensation and employer’s liability
  196  insurance;
  197         (a)(b) Insurance as defined in ss. 624.604 and 624.605,
  198  limited to coverage of commercial risks other than commercial
  199  residential multiperil; or
  200         (b)(c) Travel insurance, if issued as a master group policy
  201  with a situs in another state where each certificateholder pays
  202  less than $30 in premium for each covered trip and where the
  203  insurer has written less than $1 million in annual written
  204  premiums in the travel insurance product in this state during
  205  the most recent calendar year,
  206  
  207  shall make an annual base rate filing for each such line with
  208  the office no later than 12 months after its previous base rate
  209  filing, demonstrating that its rates are not inadequate.
  210         Section 14. Effective July 1, 2018, subsections (1) and (5)
  211  of section 627.072, Florida Statutes, are amended to read:
  212         627.072 Making and use of rates.—
  213         (1) As to workers’ compensation and employer’s liability
  214  insurance, the following factors shall be used in the
  215  determination and fixing of loss costs or rates, as applicable:
  216         (a) The past loss experience and prospective loss
  217  experience within and outside this state;
  218         (b) The conflagration and catastrophe hazards;
  219         (c) A reasonable margin for underwriting profit and
  220  contingencies;
  221         (d) Dividends, savings, or unabsorbed premium deposits
  222  allowed or returned by insurers to their policyholders, members,
  223  or subscribers;
  224         (e) Investment income on unearned premium reserves and loss
  225  reserves;
  226         (f) Past expenses and prospective expenses, both those
  227  countrywide and those specifically applicable to this state; and
  228         (g) All other relevant factors, including judgment factors,
  229  within and outside this state.
  230         (5)(a) In the case of workers’ compensation and employer’s
  231  liability insurance, the office shall consider utilizing the
  232  following methodology in rate determinations: Premiums,
  233  expenses, and expected claim costs would be discounted to a
  234  common point of time, such as the initial point of a policy
  235  year, in the determination of rates; the cash-flow pattern of
  236  premiums, expenses, and claim costs would be determined
  237  initially by using data from 8 to 10 of the largest insurers
  238  writing workers’ compensation insurance in the state; such
  239  insurers may be selected for their statistical ability to report
  240  the data on an accident-year basis and in accordance with
  241  subparagraphs (b)1., 2., and 3., for at least 2 1/2 years; such
  242  a cash-flow pattern would be modified when necessary in
  243  accordance with the data and whenever a radical change in the
  244  payout pattern is expected in the policy year under
  245  consideration.
  246         (b) If the methodology set forth in paragraph (a) is
  247  utilized, to facilitate the determination of such a cash-flow
  248  pattern methodology:
  249         1. Each insurer shall include in its statistical reporting
  250  to the rating bureau and the office the accident year by
  251  calendar quarter data for paid-claim costs;
  252         2. Each insurer shall submit financial reports to the
  253  rating bureau and the office which shall include total incurred
  254  claim amounts and paid-claim amounts by policy year and by
  255  injury types as of December 31 of each calendar year; and
  256         3. Each insurer shall submit to the rating bureau and the
  257  office paid-premium data on an individual risk basis in which
  258  risks are to be subdivided by premium size as follows:
  259  
  260  Number of Risks in
  261   Premium Range                             Standard Premium Size
  262  
  263  ...(to be filled in by carrier)...                      $300—999
  264  ...(to be filled in by carrier)...                   1,000—4,999
  265  ...(to be filled in by carrier)...                  5,000—49,999
  266  ...(to be filled in by carrier)...                 50,000—99,999
  267  ...(to be filled in by carrier)...               100,000 or more
  268  Total:
  269         Section 15. Effective July 1, 2018, section 627.091,
  270  Florida Statutes, is amended to read:
  271         627.091 Rate filings; workers’ compensation and employer’s
  272  liability insurances.—
  273         (1) As used in this section, the term:
  274         (a) “Expenses” means the portion of a rate which is
  275  attributable to acquisition, field supervision, collection
  276  expenses, taxes, reinsurance, assessments, and general expenses.
  277         (b) “Loss cost modifier” means an adjustment to, or a
  278  deviation from, the approved prospective loss costs filed by a
  279  licensed rating organization.
  280         (c) “Loss cost multiplier” means the profit and expense
  281  factor, expressed as a single nonintegral number to be applied
  282  to the prospective loss costs, which is associated with writing
  283  workers’ compensation and employer’s liability insurance and
  284  which is approved by the office in making rates for each
  285  classification of risks used by that insurer.
  286         (d) “Prospective loss costs” means the portion of a rate
  287  which reflects historical industry average aggregate losses and
  288  loss adjustment expenses projected through development to their
  289  ultimate value and through trending to a future point in time.
  290  The term does not include provisions for profit or expenses
  291  other than loss adjustment expense.
  292         (2)(1) As to workers’ compensation and employer’s liability
  293  insurances, every insurer shall file with the office every
  294  manual of classifications, rules, and rates, every rating plan,
  295  and every modification of any of the foregoing which it proposes
  296  to use. Each insurer or insurer group shall independently and
  297  individually file with the office the final rates it proposes to
  298  use. An insurer may satisfy this filing requirement by adopting
  299  the most recent loss costs filed by a licensed rating
  300  organization and approved by the office, and by otherwise
  301  complying with this part. Each insurer shall file data in
  302  accordance with the uniform statistical plan approved by the
  303  office. Every filing under this subsection:
  304         (a) Must state the proposed effective date and must be made
  305  at least 90 days before such proposed effective date;
  306         (b) Must indicate the character and extent of the coverage
  307  contemplated;
  308         (c) May use the most recent approved prospective loss costs
  309  filed by a licensed rating organization in combination with the
  310  insurer’s own approved loss cost multiplier and loss cost
  311  modifier;
  312         (d) Must include all deductibles required in chapter 440,
  313  and may include additional deductible provisions in its manual
  314  of classifications, rules, and rates. All deductibles must be in
  315  a form and manner that is consistent with the underlying purpose
  316  of chapter 440;
  317         (e) May use variable or fixed expense loads or a
  318  combination thereof, and may vary the expense, profit, or
  319  contingency provisions by class or group of classes, if the
  320  insurer files supporting data justifying such variations;
  321         (f) May include a schedule of proposed premium discounts,
  322  credits, and surcharges. The office may not approve discounts,
  323  credits, and surcharges unless they are based on objective
  324  criteria that bear a reasonable relationship to the expected
  325  loss, expense, or profit experience of an individual
  326  policyholder or a class of policyholders; and
  327         (g)May file a minimum premium or expense constant Every
  328  insurer is authorized to include deductible provisions in its
  329  manual of classifications, rules, and rates. Such deductibles
  330  shall in all cases be in a form and manner which is consistent
  331  with the underlying purpose of chapter 440.
  332         (3)(2)Every such filing shall state the proposed effective
  333  date thereof, and shall indicate the character and extent of the
  334  coverage contemplated. When a filing is not accompanied by the
  335  information upon which the insurer or rating organization
  336  supports the filing and the office does not have sufficient
  337  information to determine whether the filing meets the applicable
  338  requirements of this part, the office, it shall within 15 days
  339  after the date of filing, shall require the insurer or rating
  340  organization to furnish the information upon which it supports
  341  the filing. The information furnished in support of a filing may
  342  include:
  343         (a) The experience or judgment of the insurer or rating
  344  organization making the filing;
  345         (b) The Its interpretation of any statistical data which
  346  the insurer or rating organization making the filing it relies
  347  upon;
  348         (c) The experience of other insurers or rating
  349  organizations; or
  350         (d) Any other factors which the insurer or rating
  351  organization making the filing deems relevant.
  352         (4)(3) A filing and any supporting information are shall be
  353  open to public inspection as provided in s. 119.07(1).
  354         (5)(4) An insurer may become satisfy its obligation to make
  355  such filings by becoming a member of, or a subscriber to, a
  356  licensed rating organization that which makes loss costs such
  357  filings and by authorizing the office to accept such filings in
  358  its behalf; but nothing contained in this chapter shall be
  359  construed as requiring any insurer to become a member or a
  360  subscriber to any rating organization.
  361         (6) A licensed rating organization may develop and file for
  362  approval with the office reference filings containing
  363  prospective loss costs and the underlying loss data, and other
  364  supporting statistical and actuarial information. A rating
  365  organization may not develop or file final rates or multipliers
  366  for expenses, profit, or contingencies. After a loss cost
  367  reference filing is filed with the office and is approved, the
  368  rating organization must provide its member subscribers with a
  369  copy of the approved reference filing.
  370         (7) A rating organization may file supplementary rating
  371  information and rules, including, but not limited to,
  372  policywriting rules, rating plan classification codes and
  373  descriptions, experience modification plans, statistical plans
  374  and forms, and rules that include factors or relativities, such
  375  as increased limits factors, classification relativities, or
  376  similar factors, but that exclude minimum premiums. An insurer
  377  may use supplementary rating information if such information is
  378  approved by the office.
  379         (8)(5) Pursuant to the provisions of s. 624.3161, the
  380  office may examine the underlying statistical data used in such
  381  filings.
  382         (9)(6) Whenever the committee of a recognized rating
  383  organization with authority to file prospective loss costs for
  384  use by insurers in determining responsibility for workers’
  385  compensation and employer’s liability insurance rates in this
  386  state meets to discuss the necessity for, or a request for,
  387  Florida rate increases or decreases in prospective loss costs in
  388  this state, the determination of prospective loss costs in this
  389  state Florida rates, the prospective loss costs rates to be
  390  requested in this state, and any other matters pertaining
  391  specifically and directly to prospective loss costs in this
  392  state such Florida rates, such meetings shall be held in this
  393  state and are shall be subject to s. 286.011. The committee of
  394  such a rating organization shall provide at least 3 weeks’ prior
  395  notice of such meetings to the office and shall provide at least
  396  14 days’ prior notice of such meetings to the public by
  397  publication in the Florida Administrative Register.
  398         (10) An insurer group with multiple insurers writing
  399  workers’ compensation and employer’s liability insurance shall
  400  file underwriting rules not contained in rating manuals.
  401         Section 16. Effective July 1, 2018, section 627.093,
  402  Florida Statutes, is amended to read:
  403         627.093 Application of s. 286.011 to workers’ compensation
  404  and employer’s liability insurances.—Section 286.011 shall be
  405  applicable to every prospective loss cost and rate filing,
  406  approval or disapproval of filing, rating deviation from filing,
  407  or appeal from any of these regarding workers’ compensation and
  408  employer’s liability insurances.
  409         Section 17. Effective July 1, 2018, subsection (1) of
  410  section 627.101, Florida Statutes, is amended to read:
  411         627.101 When filing becomes effective; workers’
  412  compensation and employer’s liability insurances.—
  413         (1) The office shall review all required filings as to
  414  workers’ compensation and employer’s liability insurances as
  415  soon as reasonably possible after they have been made in order
  416  to determine whether they meet the applicable requirements of
  417  this part. If the office determines that part of a required rate
  418  filing does not meet the applicable requirements of this part,
  419  it may reject so much of the filing as does not meet these
  420  requirements, and approve the remainder of the filing.
  421         Section 18. Effective July 1, 2018, section 627.211,
  422  Florida Statutes, is amended to read:
  423         627.211 Annual report by the office on the workers’
  424  compensation insurance market Deviations; workers’ compensation
  425  and employer’s liability insurances.—
  426         (1) Every member or subscriber to a rating organization
  427  shall, as to workers’ compensation or employer’s liability
  428  insurance, adhere to the filings made on its behalf by such
  429  organization; except that any such insurer may make written
  430  application to the office for permission to file a uniform
  431  percentage decrease or increase to be applied to the premiums
  432  produced by the rating system so filed for a kind of insurance,
  433  for a class of insurance which is found by the office to be a
  434  proper rating unit for the application of such uniform
  435  percentage decrease or increase, or for a subdivision of
  436  workers’ compensation or employer’s liability insurance:
  437         (a) Comprised of a group of manual classifications which is
  438  treated as a separate unit for ratemaking purposes; or
  439         (b) For which separate expense provisions are included in
  440  the filings of the rating organization.
  441  
  442  Such application shall specify the basis for the modification
  443  and shall be accompanied by the data upon which the applicant
  444  relies. A copy of the application and data shall be sent
  445  simultaneously to the rating organization.
  446         (2) Every member or subscriber to a rating organization
  447  may, as to workers’ compensation and employer’s liability
  448  insurance, file a plan or plans to use deviations that vary
  449  according to factors present in each insured’s individual risk.
  450  The insurer that files for the deviations provided in this
  451  subsection shall file the qualifications for the plans,
  452  schedules of rating factors, and the maximum deviation factors
  453  which shall be subject to the approval of the office pursuant to
  454  s. 627.091. The actual deviation which shall be used for each
  455  insured that qualifies under this subsection may not exceed the
  456  maximum filed deviation under that plan and shall be based on
  457  the merits of each insured’s individual risk as determined by
  458  using schedules of rating factors which shall be applied
  459  uniformly. Insurers shall maintain statistical data in
  460  accordance with the schedule of rating factors. Such data shall
  461  be available to support the continued use of such varying
  462  deviations.
  463         (3) In considering an application for the deviation, the
  464  office shall give consideration to the applicable principles for
  465  ratemaking as set forth in ss. 627.062 and 627.072 and the
  466  financial condition of the insurer. In evaluating the financial
  467  condition of the insurer, the office may consider: (1) the
  468  insurer’s audited financial statements and whether the
  469  statements provide unqualified opinions or contain significant
  470  qualifications or “subject to” provisions; (2) any independent
  471  or other actuarial certification of loss reserves; (3) whether
  472  workers’ compensation and employer’s liability reserves are
  473  above the midpoint or best estimate of the actuary’s reserve
  474  range estimate; (4) the adequacy of the proposed rate; (5)
  475  historical experience demonstrating the profitability of the
  476  insurer; (6) the existence of excess or other reinsurance that
  477  contains a sufficiently low attachment point and maximums that
  478  provide adequate protection to the insurer; and (7) other
  479  factors considered relevant to the financial condition of the
  480  insurer by the office. The office shall approve the deviation if
  481  it finds it to be justified, it would not endanger the financial
  482  condition of the insurer, and it would not constitute predatory
  483  pricing. The office shall disapprove the deviation if it finds
  484  that the resulting premiums would be excessive, inadequate, or
  485  unfairly discriminatory, would endanger the financial condition
  486  of the insurer, or would result in predatory pricing. The
  487  insurer may not use a deviation unless the deviation is
  488  specifically approved by the office. An insurer may apply the
  489  premiums approved pursuant to s. 627.091 or its uniform
  490  deviation approved pursuant to this section to a particular
  491  insured according to underwriting guidelines filed with and
  492  approved by the office, such approval to be based on ss. 627.062
  493  and 627.072.
  494         (4) Each deviation permitted to be filed shall be effective
  495  for a period of 1 year unless terminated, extended, or modified
  496  with the approval of the office. If at any time after a
  497  deviation has been approved the office finds that the deviation
  498  no longer meets the requirements of this code, it shall notify
  499  the insurer in what respects it finds that the deviation fails
  500  to meet such requirements and specify when, within a reasonable
  501  period thereafter, the deviation shall be deemed no longer
  502  effective. The notice shall not affect any insurance contract or
  503  policy made or issued prior to the expiration of the period set
  504  forth in the notice.
  505         (5) For purposes of this section, the office, when
  506  considering the experience of any insurer, shall consider the
  507  experience of any predecessor insurer when the business and the
  508  liabilities of the predecessor insurer were assumed by the
  509  insurer pursuant to an order of the office which approves the
  510  assumption of the business and the liabilities.
  511         (6) The office shall submit an annual report to the
  512  President of the Senate and the Speaker of the House of
  513  Representatives by January 15 of each year which evaluates
  514  insurance company solvency and competition in the workers’
  515  compensation insurance market in this state. The report must
  516  contain an analysis of the availability and affordability of
  517  workers’ compensation coverage and whether the current market
  518  structure, conduct, and performance are conducive to
  519  competition, based upon economic analysis and tests. The purpose
  520  of this report is to aid the Legislature in determining whether
  521  changes to the workers’ compensation rating laws are warranted.
  522  The report must also document that the office has complied with
  523  the provisions of s. 627.096 which require the office to
  524  investigate and study all workers’ compensation insurers in the
  525  state and to study the data, statistics, schedules, or other
  526  information as it finds necessary to assist in its review of
  527  workers’ compensation rate filings.
  528         Section 19. Effective July 1, 2018, section 627.2151,
  529  Florida Statutes, is created to read:
  530         627.2151 Workers’ compensation excessive defense and cost
  531  containment expenses.—
  532         (1) As used in this section, the term “defense and cost
  533  containment expenses” or “DCCE” includes the following Florida
  534  expenses of an insurer group or insurer writing workers’
  535  compensation insurance:
  536         (a) Insurance company attorney fees;
  537         (b) Expert witnesses;
  538         (c) Medical examinations and autopsies;
  539         (d) Medical fee review panels;
  540         (e) Bill auditing;
  541         (f) Treatment utilization reviews; and
  542         (g) Preferred provider network expenses.
  543         (2) Each insurer group or insurer writing workers’
  544  compensation insurance shall file with the office a schedule of
  545  Florida defense and cost containment expenses and total Florida
  546  incurred losses for each of the 3 years before the most recent
  547  accident year. The DCCE and incurred losses must be valued as of
  548  December 31 of the first year following the latest accident year
  549  to be reported, developed to an ultimate basis, and at two 12
  550  month intervals thereafter, each developed to an ultimate basis,
  551  so that a total of three evaluations will be provided for each
  552  accident year. The first year reported shall be accident year
  553  2018, so that the reporting of 3 accident years under this
  554  evaluation will not take place until accident years 2019 and
  555  2020 have become available.
  556         (3) Excessive DCCE occurs when an insurer includes in its
  557  rates Florida defense and cost containment expenses for workers’
  558  compensation which exceed 15 percent of Florida workers’
  559  compensation incurred losses by the insurer or insurer group for
  560  the 3 most recent calendar years for which data is to be filed
  561  under this section.
  562         (4) If the insurer or insurer group realizes excessive
  563  DCCE, the office must order a return of the excess amounts after
  564  affording the insurer or insurer group an opportunity for a
  565  hearing and otherwise complying with the requirements of chapter
  566  120. Excessive DCCE amounts must be returned in all instances
  567  unless the insurer or insurer group affirmatively demonstrates
  568  to the office that the refund of the excessive DCCE amounts will
  569  render a member of the insurer group financially impaired or
  570  will render it insolvent under provisions of the Florida
  571  Insurance Code.
  572         (5) Any excess DCCE amount must be returned to
  573  policyholders in the form of a cash refund or credit toward the
  574  future purchase of insurance. The refund or credit must be made
  575  on a pro rata basis in relation to the final compilation year
  576  earned premiums to the policyholders of record of the insurer or
  577  insurer group on December 31 of the final compilation year. Cash
  578  refunds and data in required reports to the office may be
  579  rounded to the nearest dollar and must be consistently applied.
  580         (6)(a) Refunds must be completed in one of the following
  581  ways:
  582         1. A cash refund must be completed within 60 days after
  583  entry of a final order indicating that excessive DCCE has been
  584  realized.
  585         2. A credit to renewal policies must be applied to policy
  586  renewal premium notices that are forwarded to insureds more than
  587  60 calendar days after entry of a final order indicating that
  588  excessive DCCE has been realized. If the insured thereafter
  589  cancels a policy or otherwise allows the policy to terminate,
  590  the insurer or insurer group must make a cash refund not later
  591  than 60 days after coverage termination.
  592         (b) Upon completion of the renewal credits or refunds, the
  593  insurer or insurer group shall immediately certify having made
  594  the refunds to the office.
  595         (7) Any refund or renewal credit made pursuant to this
  596  section is treated as a policyholder dividend applicable to the
  597  year immediately succeeding the compilation period giving rise
  598  to the refund or credit, for purposes of reporting under this
  599  section for subsequent years.
  600         Section 20. Effective July 1, 2018, section 627.291,
  601  Florida Statutes, is amended to read:
  602         627.291 Information to be furnished insureds; appeal by
  603  insureds; workers’ compensation and employer’s liability
  604  insurances.—
  605         (1) As to workers’ compensation and employer’s liability
  606  insurances, every rating organization filing prospective loss
  607  costs and every insurer which makes its own rates shall, within
  608  a reasonable time after receiving written request therefor and
  609  upon payment of such reasonable charge as it may make, furnish
  610  to any insured affected by a rate made by it, or to the
  611  authorized representative of such insured, all pertinent
  612  information as to such rate.
  613         (2) As to workers’ compensation and employer’s liability
  614  insurances, every rating organization filing prospective loss
  615  costs and every insurer which makes its own rates shall provide
  616  within this state reasonable means whereby any person aggrieved
  617  by the application of its rating system may be heard, in person
  618  or by his or her authorized representative, on his or her
  619  written request to review the manner in which such rating system
  620  has been applied in connection with the insurance afforded him
  621  or her. If the rating organization filing prospective loss costs
  622  or the insurer making its own rates fails to grant or rejects
  623  such request within 30 days after it is made, the applicant may
  624  proceed in the same manner as if his or her application had been
  625  rejected. Any party affected by the action of such rating
  626  organization filing prospective loss costs or insurer making its
  627  own rates on such request may, within 30 days after written
  628  notice of such action, appeal to the office, which may affirm or
  629  reverse such action.
  630         Section 21. Effective July 1, 2018, section 627.318,
  631  Florida Statutes, is amended to read:
  632         627.318 Records.—Every insurer, rating organization filing
  633  prospective loss costs, and advisory organization and every
  634  group, association, or other organization of insurers which
  635  engages in joint underwriting or joint reinsurance shall
  636  maintain reasonable records, of the type and kind reasonably
  637  adapted to its method of operation, of its experience or the
  638  experience of its members and of the data, statistics, or
  639  information collected or used by it in connection with the
  640  prospective loss costs, rates, rating plans, rating systems,
  641  underwriting rules, policy or bond forms, surveys, or
  642  inspections made or used by it, so that such records will be
  643  available at all reasonable times to enable the office to
  644  determine whether such organization, insurer, group, or
  645  association, and, in the case of an insurer or rating
  646  organization, every prospective loss cost, rate, rating plan,
  647  and rating system made or used by it, complies with the
  648  provisions of this part applicable to it. The maintenance of
  649  such records in the office of a licensed rating organization of
  650  which an insurer is a member or subscriber will be sufficient
  651  compliance with this section for any such insurer maintaining
  652  membership or subscribership in such organization, to the extent
  653  that the insurer uses the prospective loss costs, rates, rating
  654  plans, rating systems, or underwriting rules of such
  655  organization. Such records shall be maintained in an office
  656  within this state or shall be made available for examination or
  657  inspection within this state by the department at any time upon
  658  reasonable notice.
  659         Section 22. Effective July 1, 2018, section 627.361,
  660  Florida Statutes, is amended to read:
  661         627.361 False or misleading information.—No person shall
  662  willfully withhold information from or knowingly give false or
  663  misleading information to the office, any statistical agency
  664  designated by the office, any rating organization, or any
  665  insurer, which will affect the prospective loss costs, rates, or
  666  premiums chargeable under this part.
  667         Section 23. Effective July 1, 2018, subsections (1) and (2)
  668  of section 627.371, Florida Statutes, are amended to read:
  669         627.371 Hearings.—
  670         (1) Any person aggrieved by any rate charged, rating plan,
  671  rating system, or underwriting rule followed or adopted by an
  672  insurer, and any person aggrieved by any rating plan, rating
  673  system, or underwriting rule followed or adopted by a rating
  674  organization, may herself or himself or by her or his authorized
  675  representative make written request of the insurer or rating
  676  organization to review the manner in which the prospective loss
  677  cost, rate, plan, system, or rule has been applied with respect
  678  to insurance afforded her or him. If the request is not granted
  679  within 30 days after it is made, the requester may treat it as
  680  rejected. Any person aggrieved by the refusal of an insurer or
  681  rating organization to grant the review requested, or by the
  682  failure or refusal to grant all or part of the relief requested,
  683  may file a written complaint with the office, specifying the
  684  grounds relied upon. If the office has already disposed of the
  685  issue as raised by a similar complaint or believes that probable
  686  cause for the complaint does not exist or that the complaint is
  687  not made in good faith, it shall so notify the complainant.
  688  Otherwise, and if it also finds that the complaint charges a
  689  violation of this chapter and that the complainant would be
  690  aggrieved if the violation is proven, it shall proceed as
  691  provided in subsection (2).
  692         (2) If after examination of an insurer, rating
  693  organization, advisory organization, or group, association, or
  694  other organization of insurers which engages in joint
  695  underwriting or joint reinsurance, upon the basis of other
  696  information, or upon sufficient complaint as provided in
  697  subsection (1), the office has good cause to believe that such
  698  insurer, organization, group, or association, or any prospective
  699  loss cost, rate, rating plan, or rating system made or used by
  700  any such insurer or rating organization, does not comply with
  701  the requirements and standards of this part applicable to it, it
  702  shall, unless it has good cause to believe such noncompliance is
  703  willful, give notice in writing to such insurer, organization,
  704  group, or association stating therein in what manner and to what
  705  extent noncompliance is alleged to exist and specifying therein
  706  a reasonable time, not less than 10 days thereafter, in which
  707  the noncompliance may be corrected, including any premium
  708  adjustment.
  709         Section 24. Effective July 1, 2017, the sums of $723,118 in
  710  recurring funds and $100,000 in nonrecurring funds from the
  711  Insurance Regulatory Trust Fund are appropriated to the Office
  712  of Insurance Regulation, and eight full-time equivalent
  713  positions with associated salary rate of 460,000 are authorized,
  714  for the purpose of implementing this act.
  715         Section 25. Effective July 1, 2017, the sum of $24,720 in
  716  nonrecurring funds from the Operating Trust Fund is appropriated
  717  to the Office of Judges of Compensation Claims within the
  718  Division of Administrative Hearings for the purposes of
  719  implementing this act.
  720         Section 26. Section 440.345, Florida Statutes, is amended
  721  to read:
  722         440.345 Reporting of attorney attorney’s fees.—All fees
  723  paid to attorneys for services rendered under this chapter shall
  724  be reported to the Office of the Judges of Compensation Claims
  725  as the Division of Administrative Hearings requires by rule. A
  726  carrier must specify in its report the total amount of attorney
  727  fees paid for and the total number of attorney hours spent on
  728  services related to the defense of petitions, and the total
  729  amount of attorney fees paid for services unrelated to the
  730  defense of petitions.
  731         Section 27. Paragraph (b) of subsection (6) of section
  732  440.491, Florida Statutes, is amended to read:
  733         440.491 Reemployment of injured workers; rehabilitation.—
  734         (6) TRAINING AND EDUCATION.—
  735         (b) When an employee who has attained maximum medical
  736  improvement is unable to earn at least 80 percent of the
  737  compensation rate and requires training and education to obtain
  738  suitable gainful employment, the employer or carrier shall pay
  739  the employee additional training and education temporary total
  740  compensation benefits while the employee receives such training
  741  and education for a period not to exceed 26 weeks, which period
  742  may be extended for an additional 26 weeks or less, if such
  743  extended period is determined to be necessary and proper by a
  744  judge of compensation claims. The benefits provided under this
  745  paragraph are shall not be in addition to the maximum number of
  746  104 weeks as specified in s. 440.15(2). However, a carrier or
  747  employer is not precluded from voluntarily paying additional
  748  temporary total disability compensation beyond that period. If
  749  an employee requires temporary residence at or near a facility
  750  or an institution providing training and education which is
  751  located more than 50 miles away from the employee’s customary
  752  residence, the reasonable cost of board, lodging, or travel must
  753  be borne by the department from the Workers’ Compensation
  754  Administration Trust Fund established by s. 440.50. An employee
  755  who refuses to accept training and education that is recommended
  756  by the vocational evaluator and considered necessary by the
  757  department will forfeit any additional training and education
  758  benefits and any additional compensation payment for lost wages
  759  under this chapter. The carrier shall notify the injured
  760  employee of the availability of training and education benefits
  761  as specified in this chapter. The Department of Financial
  762  Services shall include information regarding the eligibility for
  763  training and education benefits in informational materials
  764  specified in ss. 440.207 and 440.40.
  765         Section 28. Section 627.211, Florida Statutes, is amended
  766  to read:
  767         627.211 Deviations and departures; workers’ compensation
  768  and employer’s liability insurances.—
  769         (1) Except as provided in subsection (7), every member or
  770  subscriber to a rating organization shall, as to workers’
  771  compensation or employer’s liability insurance, adhere to the
  772  filings made on its behalf by such organization; except that any
  773  such insurer may make written application to the office for
  774  permission to file a uniform percentage decrease or increase to
  775  be applied to the premiums produced by the rating system so
  776  filed for a kind of insurance, for a class of insurance which is
  777  found by the office to be a proper rating unit for the
  778  application of such uniform percentage decrease or increase, or
  779  for a subdivision of workers’ compensation or employer’s
  780  liability insurance:
  781         (a) Comprised of a group of manual classifications which is
  782  treated as a separate unit for ratemaking purposes; or
  783         (b) For which separate expense provisions are included in
  784  the filings of the rating organization.
  785  
  786  Such application shall specify the basis for the modification
  787  and shall be accompanied by the data upon which the applicant
  788  relies. A copy of the application and data shall be sent
  789  simultaneously to the rating organization.
  790         (2) Every member or subscriber to a rating organization
  791  may, as to workers’ compensation and employer’s liability
  792  insurance, file a plan or plans to use deviations that vary
  793  according to factors present in each insured’s individual risk.
  794  The insurer that files for the deviations provided in this
  795  subsection shall file the qualifications for the plans,
  796  schedules of rating factors, and the maximum deviation factors
  797  which shall be subject to the approval of the office pursuant to
  798  s. 627.091. The actual deviation which shall be used for each
  799  insured that qualifies under this subsection may not exceed the
  800  maximum filed deviation under that plan and shall be based on
  801  the merits of each insured’s individual risk as determined by
  802  using schedules of rating factors which shall be applied
  803  uniformly. Insurers shall maintain statistical data in
  804  accordance with the schedule of rating factors. Such data shall
  805  be available to support the continued use of such varying
  806  deviations.
  807         (3) In considering an application for the deviation, the
  808  office shall give consideration to the applicable principles for
  809  ratemaking as set forth in ss. 627.062 and 627.072 and the
  810  financial condition of the insurer. In evaluating the financial
  811  condition of the insurer, the office may consider: (1) the
  812  insurer’s audited financial statements and whether the
  813  statements provide unqualified opinions or contain significant
  814  qualifications or “subject to” provisions; (2) any independent
  815  or other actuarial certification of loss reserves; (3) whether
  816  workers’ compensation and employer’s liability reserves are
  817  above the midpoint or best estimate of the actuary’s reserve
  818  range estimate; (4) the adequacy of the proposed rate; (5)
  819  historical experience demonstrating the profitability of the
  820  insurer; (6) the existence of excess or other reinsurance that
  821  contains a sufficiently low attachment point and maximums that
  822  provide adequate protection to the insurer; and (7) other
  823  factors considered relevant to the financial condition of the
  824  insurer by the office. The office shall approve the deviation if
  825  it finds it to be justified, it would not endanger the financial
  826  condition of the insurer, and it would not constitute predatory
  827  pricing. The office shall disapprove the deviation if it finds
  828  that the resulting premiums would be excessive, inadequate, or
  829  unfairly discriminatory, would endanger the financial condition
  830  of the insurer, or would result in predatory pricing. The
  831  insurer may not use a deviation unless the deviation is
  832  specifically approved by the office. An insurer may apply the
  833  premiums approved pursuant to s. 627.091 or its uniform
  834  deviation approved pursuant to this section to a particular
  835  insured according to underwriting guidelines filed with and
  836  approved by the office, such approval to be based on ss. 627.062
  837  and 627.072.
  838         (4) Each deviation permitted to be filed shall be effective
  839  for a period of 1 year unless terminated, extended, or modified
  840  with the approval of the office. If at any time after a
  841  deviation has been approved the office finds that the deviation
  842  no longer meets the requirements of this code, it shall notify
  843  the insurer in what respects it finds that the deviation fails
  844  to meet such requirements and specify when, within a reasonable
  845  period thereafter, the deviation shall be deemed no longer
  846  effective. The notice shall not affect any insurance contract or
  847  policy made or issued prior to the expiration of the period set
  848  forth in the notice.
  849         (5) For purposes of this section, the office, when
  850  considering the experience of any insurer, shall consider the
  851  experience of any predecessor insurer when the business and the
  852  liabilities of the predecessor insurer were assumed by the
  853  insurer pursuant to an order of the office which approves the
  854  assumption of the business and the liabilities.
  855         (6) The office shall submit an annual report to the
  856  President of the Senate and the Speaker of the House of
  857  Representatives by January 15 of each year which evaluates
  858  competition in the workers’ compensation insurance market in
  859  this state. The report must contain an analysis of the
  860  availability and affordability of workers’ compensation coverage
  861  and whether the current market structure, conduct, and
  862  performance are conducive to competition, based upon economic
  863  analysis and tests. The purpose of this report is to aid the
  864  Legislature in determining whether changes to the workers’
  865  compensation rating laws are warranted. The report must also
  866  document that the office has complied with the provisions of s.
  867  627.096 which require the office to investigate and study all
  868  workers’ compensation insurers in the state and to study the
  869  data, statistics, schedules, or other information as it finds
  870  necessary to assist in its review of workers’ compensation rate
  871  filings.
  872         (7)Without approval of the office, a member or subscriber
  873  to a rating organization may depart from the filings made on its
  874  behalf by a rating organization for a period of 12 months by a
  875  uniform decrease of up to 5 percent to be applied uniformly to
  876  the premiums resulting from the approved rates for the policy
  877  period. The member or subscriber must file an informational
  878  departure statement with the office within 30 days after initial
  879  use of such departure, specifying the percentage of the
  880  departure from the approved rates and an explanation of how the
  881  departure will be applied. If the departure is to be applied
  882  over a subsequent 12-month period, the member or subscriber must
  883  file a supplemental informational departure statement pursuant
  884  to this subsection at least 30 days before the end of the
  885  current period. If the office determines that a departure
  886  violates the applicable principles for ratemaking under ss.
  887  627.062 and 627.072, would result in predatory pricing, or
  888  imperils the financial condition of the member or subscriber,
  889  the office must issue an order specifying its findings and
  890  stating the time period within which the departure expires,
  891  which must be within a reasonable time period after the order is
  892  issued. The order does not affect an insurance contract or
  893  policy made or issued before the departure expiration period set
  894  forth in the order.
  895         Section 29. (1) The Department of Financial Services, in
  896  consultation with the three-member panel, shall contract with an
  897  independent consultant to evaluate Florida’s current
  898  reimbursement methodology for medical services provided by
  899  hospitals and ambulatory surgical centers pursuant to s. 440.13,
  900  Florida Statutes. The study must evaluate the feasibility of
  901  adopting other reimbursement methods, including group health
  902  outpatient reimbursement rates. The study must include an
  903  evaluation of the payments, prices, utilization, and outcomes
  904  associated with each of the reimbursement methods. The
  905  consultant shall submit a report with findings and
  906  recommendations to the Speaker of the House of Representatives
  907  and the President of the Senate by November 1, 2017.
  908         (2) Effective July 1, 2017, the sum of $50,000 in
  909  nonrecurring funds from the Workers’ Compensation Administration
  910  Trust Fund is appropriated to the Department of Financial
  911  Services for the purpose of funding the study.
  912         Section 30. (1) The Office of Insurance Regulation shall
  913  contract with an independent consultant to evaluate the
  914  competition, availability, and affordability of workers’
  915  compensation insurance in Florida, which evaluation must include
  916  a review of the current administered pricing rating system,
  917  including deviations authorized under s. 627.211(7), to evaluate
  918  the advantages and disadvantages of a loss cost system and to
  919  evaluate other mechanisms that can be used to increase
  920  competition in the marketplace. The consultant shall submit a
  921  report of its findings and recommendations to the Governor, the
  922  Senate, and the House of Representatives no later than November
  923  1, 2017.
  924         (2) Effective July 1, 2017, the sum of $25,000 in
  925  nonrecurring funds from the Insurance Regulatory Trust Fund is
  926  appropriated to the Office of Insurance Regulation for the
  927  purpose of funding the study.
  928         Section 31. Except as otherwise expressly provided by this
  929  act, this act shall take effect July 1, 2017.
  930  
  931  ================= T I T L E  A M E N D M E N T ================
  932  And the title is amended as follows:
  933         Delete lines 903 - 966
  934  and insert:
  935         under which certain attorney fees attach; amending s.
  936         440.34, F.S.; prohibiting the payment of certain
  937         consideration by carriers or employers, rather than
  938         prohibiting such payment for claimants, in connection
  939         with certain proceedings under certain circumstances;
  940         requiring judges of compensation claims to consider
  941         specified factors in increasing or decreasing attorney
  942         fees; specifying a maximum hourly rate for attorney
  943         fees; revising provisions that prohibit such judges
  944         from approving certain agreements and that limit
  945         attorney fees in retainer agreements; providing
  946         construction; deleting a provision authorizing such
  947         judges to approve alternative attorney fees under
  948         certain circumstances; conforming a cross-reference;
  949         amending s. 624.482, F.S.; conforming a provision to
  950         changes made by the act; amending s. 627.041, F.S.;
  951         redefining terms; amending s. 627.0612, F.S.; adding
  952         prospective loss costs to a list of reviewable matters
  953         in certain proceedings by appellate courts; amending
  954         s. 627.062, F.S.; prohibiting loss costs for specified
  955         classes of insurance from being excessive, inadequate,
  956         or unfairly discriminatory; amending s. 627.0645,
  957         F.S.; deleting an annual base rate filing requirement
  958         exception relating to workers’ compensation and
  959         employer’s liability insurance for certain rating
  960         organizations; amending s. 627.072, F.S.; requiring
  961         certain factors to be used in determining and fixing
  962         loss costs; deleting a specified methodology that may
  963         be used by the Office of Insurance Regulation in rate
  964         determinations; amending s. 627.091, F.S.; defining
  965         terms; requiring insurers or insurer groups writing
  966         workers’ compensation and employer’s liability
  967         insurances to independently and individually file
  968         their proposed final rates; specifying requirements
  969         for such filings; deleting a requirement that such
  970         filings contain certain information; revising
  971         requirements for supporting information required to be
  972         furnished to the office under certain circumstances;
  973         deleting a specified method for insurers to satisfy
  974         filing obligations; specifying requirements for a
  975         licensed rating organization that elects to develop
  976         and file certain reference filings and certain other
  977         information; authorizing insurers to use supplementary
  978         rating information approved by the office; revising
  979         applicability of public meetings and records
  980         requirements to certain meetings of recognized rating
  981         organization committees; requiring certain insurer
  982         groups to file underwriting rules not contained in
  983         rating manuals; amending s. 627.093, F.S.; revising
  984         applicability of public meetings and records
  985         requirements to prospective loss cost filings or
  986         appeals; amending s. 627.101, F.S.; conforming a
  987         provision to changes made by the act; amending s.
  988         627.211, F.S.; deleting provisions relating to
  989         deviations; requiring that the office’s annual report
  990         to the Legislature relating to the workers’
  991         compensation insurance market evaluate insurance
  992         company solvency; creating s. 627.2151, F.S.; defining
  993         the term “defense and cost containment expenses” or
  994         “DCCE”; requiring insurer groups or insurers writing
  995         workers’ compensation insurance to file specified
  996         schedules with the office at specified intervals;
  997         providing construction relating to excessive DCCE;
  998         requiring the office to order returns of excess
  999         amounts of DCCE, subject to certain hearing
 1000         requirements; providing requirements for, and an
 1001         exception from, the return of excessive DCCE amounts;
 1002         providing construction; amending s. 627.291, F.S.;
 1003         providing applicability of certain disclosure and
 1004         hearing requirements for rating organizations filing
 1005         prospective loss costs; amending s. 627.318, F.S.;
 1006         providing applicability of certain recordkeeping
 1007         requirements for rating organizations or insurers
 1008         filing or using prospective loss costs, respectively;
 1009         amending s. 627.361, F.S.; providing applicability of
 1010         a prohibition against false or misleading information
 1011         relating to prospective loss costs; amending s.
 1012         627.371, F.S.; providing applicability of certain
 1013         hearing procedures and requirements relating to the
 1014         application, making, or use of prospective loss costs;
 1015         providing appropriations; amending s. 440.345, F.S.;
 1016         revising requirements for a carrier’s reporting of
 1017         attorney fees to the Office of the Judges of
 1018         Compensation Claims; amending s. 440.491, F.S.;
 1019         conforming a provision to changes made by the act;
 1020         revising a provision that provides for forfeiture of
 1021         certain compensation if an employee refuses to accept
 1022         certain training and education; amending s. 627.211,
 1023         F.S.; authorizing rating organization members or
 1024         subscribers to depart up a specified percentage from
 1025         certain filings without approval from the Office of
 1026         Insurance Regulation for a specified timeframe;
 1027         requiring such members or subscribers to file
 1028         informational departure statements with the office
 1029         within a specified timeframe; requiring such members
 1030         or subscribers, under certain circumstances, to file
 1031         supplemental informational departure statements within
 1032         a specified timeframe; requiring the office to issue a
 1033         specified order if it finds the order violates certain
 1034         ratemaking principles, would result in predatory
 1035         pricing, or imperils the financial condition of the
 1036         member or subscriber; providing construction;
 1037         requiring the Department of Financial Services, in
 1038         consultation with the three-member panel, to contract
 1039         with an independent consultant to conduct a specified
 1040         study; requiring the consultant to submit a report to
 1041         the Legislature by a specified date; providing an
 1042         appropriation; requiring the office to contract with
 1043         an independent consultant to make certain evaluations;
 1044         requiring such consultant to submit a report to the
 1045         Governor and Legislature by a specified date;
 1046         providing an appropriation; providing effective dates.