Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/HB 7085, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .           Floor: CA            
             05/05/2017 11:30 AM       .      05/05/2017 02:39 PM       

       Senator Farmer moved the following:
    1         Senate Substitute for Amendment (655850) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (40) of section 440.02, Florida
    7  Statutes, is amended to read:
    8         440.02 Definitions.—When used in this chapter, unless the
    9  context clearly requires otherwise, the following terms shall
   10  have the following meanings:
   11         (40) “Specificity” means information on the petition for
   12  benefits sufficient to put the employer or carrier on notice of
   13  the exact statutory classification and outstanding time period
   14  for each requested benefit, the specific amount of each
   15  requested benefit, the calculation used for computing the
   16  requested benefit, of benefits being requested and includes a
   17  detailed explanation of any benefits received that should be
   18  increased, decreased, changed, or otherwise modified. If the
   19  petition is for medical benefits, the information must shall
   20  include specific details as to why such benefits are being
   21  requested, why such benefits are medically necessary, and why
   22  current treatment, if any, is not sufficient. Any petition
   23  requesting alternate or other medical care, including, but not
   24  limited to, petitions requesting psychiatric or psychological
   25  treatment, must specifically identify the physician, as defined
   26  in s. 440.13(1), who is recommending such treatment. A copy of a
   27  report from such physician making the recommendation for
   28  alternate or other medical care must shall also be attached to
   29  the petition. A judge of compensation claims may shall not order
   30  such treatment if a physician is not recommending such
   31  treatment.
   32         Section 2. Paragraph (c) of subsection (3) of section
   33  440.105, Florida Statutes, is amended to read:
   34         440.105 Prohibited activities; reports; penalties;
   35  limitations.—
   36         (3) Whoever violates any provision of this subsection
   37  commits a misdemeanor of the first degree, punishable as
   38  provided in s. 775.082 or s. 775.083.
   39         (c) Except for an attorney who is retained by or for an
   40  injured worker and who receives a fee or other consideration
   41  from or on behalf of such worker, it is unlawful for any
   42  attorney or other person, in his or her individual capacity or
   43  in his or her capacity as a public or private employee, or for
   44  any firm, corporation, partnership, or association to receive
   45  any fee or other consideration or any gratuity from a person on
   46  account of services rendered for a person in connection with any
   47  proceedings arising under this chapter, unless such fee,
   48  consideration, or gratuity is approved by a judge of
   49  compensation claims or by the Deputy Chief Judge of Compensation
   50  Claims.
   51         Section 3. Paragraph (f) of subsection (2), paragraphs (d)
   52  and (i) of subsection (3), paragraph (a) of subsection (4),
   53  paragraphs (a) and (c) of subsection (5), and paragraphs (c) and
   54  (d) of subsection (9) of section 440.13, Florida Statutes, are
   55  amended, to read:
   56         440.13 Medical services and supplies; penalty for
   57  violations; limitations.—
   59         (f) Upon the written request of the employee, the carrier
   60  shall give the employee the opportunity for one change of
   61  physician during the course of treatment for any one accident.
   62  Upon the granting of a change of physician, the originally
   63  authorized physician in the same specialty as the changed
   64  physician shall become deauthorized upon written notification by
   65  the employer or carrier. The carrier shall authorize an
   66  alternative physician who shall not be professionally affiliated
   67  with the previous physician within 5 business days after receipt
   68  of the request. If the carrier fails to provide a change of
   69  physician as requested by the employee, the employee may select
   70  the physician and such physician shall be considered authorized
   71  if the treatment being provided is compensable and medically
   72  necessary.
   74  Failure of the carrier to timely comply with this subsection
   75  shall be a violation of this chapter and the carrier shall be
   76  subject to penalties as provided for in s. 440.525.
   78         (d) A carrier must respond, by telephone or in writing,
   79  must authorize or deny to a request for authorization from an
   80  authorized health care provider by the close of the third
   81  business day after receipt of the request. A carrier authorizes
   82  the request if it who fails to respond to a written request for
   83  authorization for referral for medical treatment by the close of
   84  the third business day after receipt of the request consents to
   85  the medical necessity for such treatment. All such requests must
   86  be made to the carrier. Notice to the carrier does not include
   87  notice to the employer.
   88         (i) Notwithstanding paragraph (d), a claim for specialist
   89  consultations, surgical operations, physiotherapeutic or
   90  occupational therapy procedures, X-ray examinations, or special
   91  diagnostic laboratory tests that cost more than $1,000 and other
   92  specialty services that the department identifies by rule is not
   93  valid and reimbursable unless the services have been expressly
   94  authorized by the carrier, unless the carrier has failed to
   95  respond within 10 business days to a written request for
   96  authorization, or unless emergency care is required. The insurer
   97  shall authorize such consultation or procedure unless the health
   98  care provider or facility is not authorized, unless such
   99  treatment is not in accordance with practice parameters and
  100  protocols of treatment established in this chapter, or unless a
  101  judge of compensation claims has determined that the
  102  consultation or procedure is not medically necessary, not in
  103  accordance with the practice parameters and protocols of
  104  treatment established in this chapter, or otherwise not
  105  compensable under this chapter. Authorization of a treatment
  106  plan does not constitute express authorization for purposes of
  107  this section, except to the extent the carrier provides
  108  otherwise in its authorization procedures. This paragraph does
  109  not limit the carrier’s obligation to identify and disallow
  110  overutilization or billing errors.
  113         (a) Any health care provider providing necessary remedial
  114  treatment, care, or attendance to any injured worker shall
  115  submit treatment reports to the carrier in a format prescribed
  116  by the department. A claim for medical or surgical treatment is
  117  not valid or enforceable against such employer or employee,
  118  unless, by the close of the third business day following the
  119  first treatment, the physician providing the treatment furnishes
  120  to the employer or carrier a preliminary notice of the injury
  121  and treatment in a format prescribed by the department and,
  122  within 15 business days thereafter, furnishes to the employer or
  123  carrier a complete report, and subsequent thereto furnishes
  124  progress reports, if requested by the employer or insurance
  125  carrier, at intervals of not less than 15 business days 3 weeks
  126  apart or at less frequent intervals if requested in a format
  127  prescribed by the department.
  129         (a) In any dispute concerning overutilization, medical
  130  benefits, compensability, or disability under this chapter, the
  131  carrier or the employee may select an independent medical
  132  examiner. If the parties agree, the examiner may be a health
  133  care provider treating or providing other care to the employee.
  134  An independent medical examiner may not render an opinion
  135  outside his or her area of expertise, as demonstrated by
  136  licensure and applicable practice parameters. The employer and
  137  employee shall be entitled to only one independent medical
  138  examination per accident and not one independent medical
  139  examination per medical specialty. The party requesting and
  140  selecting the independent medical examination shall be
  141  responsible for all expenses associated with said examination,
  142  including, but not limited to, medically necessary diagnostic
  143  testing performed and physician or medical care provider fees
  144  for the evaluation. The party selecting the independent medical
  145  examination shall identify the choice of the independent medical
  146  examiner to all other parties within 15 business days after the
  147  date the independent medical examination is to take place.
  148  Failure to timely provide such notification shall preclude the
  149  requesting party from submitting the findings of such
  150  independent medical examiner in a proceeding before a judge of
  151  compensation claims. The independent medical examiner may not
  152  provide followup care if such recommendation for care is found
  153  to be medically necessary. If the employee prevails in a medical
  154  dispute as determined in an order by a judge of compensation
  155  claims or if benefits are paid or treatment provided after the
  156  employee has obtained an independent medical examination based
  157  upon the examiner’s findings, the costs of such examination
  158  shall be paid by the employer or carrier.
  159         (c) The carrier may, at its election, contact the claimant
  160  directly to schedule a reasonable time for an independent
  161  medical examination. The carrier must confirm the scheduling
  162  agreement in writing with the claimant and the claimant’s
  163  counsel, if any, at least 7 business days before the date upon
  164  which the independent medical examination is scheduled to occur.
  165  An attorney representing a claimant is not authorized to
  166  schedule the self-insured employer’s or carrier’s independent
  167  medical evaluations under this subsection. Neither the self
  168  insured employer nor the carrier shall be responsible for
  169  scheduling any independent medical examination other than an
  170  employer or carrier independent medical examination.
  171         (9) EXPERT MEDICAL ADVISORS.—
  172         (c) If there is disagreement in the opinions of the health
  173  care providers, if two health care providers disagree on medical
  174  evidence supporting the employee’s complaints or the need for
  175  additional medical treatment, or if two health care providers
  176  disagree that the employee is able to return to work, the
  177  department may, and the judge of compensation claims shall, upon
  178  his or her own motion or within 15 business days after receipt
  179  of a written request by either the injured employee, the
  180  employer, or the carrier, order the injured employee to be
  181  evaluated by an expert medical advisor. The injured employee and
  182  the employer or carrier may agree on the health care provider to
  183  serve as an expert medical advisor. If the parties do not agree,
  184  the judge of compensation claims shall select an expert medical
  185  advisor from the department’s list of certified expert medical
  186  advisors. If a certified medical advisor within the relevant
  187  medical specialty is unavailable, the judge of compensation
  188  claims shall appoint any otherwise qualified health care
  189  provider to serve as an expert medical advisor without obtaining
  190  the department’s certification. The opinion of the expert
  191  medical advisor is presumed to be correct unless there is clear
  192  and convincing evidence to the contrary as determined by the
  193  judge of compensation claims. The expert medical advisor
  194  appointed to conduct the evaluation shall have free and complete
  195  access to the medical records of the employee. An employee who
  196  fails to report to and cooperate with such evaluation forfeits
  197  entitlement to compensation during the period of failure to
  198  report or cooperate.
  199         (d) The expert medical advisor must complete his or her
  200  evaluation and issue his or her report to the department or to
  201  the judge of compensation claims within 15 business days after
  202  receipt of all medical records. The expert medical advisor must
  203  furnish a copy of the report to the carrier and to the employee.
  204         Section 4. Paragraph (a) of subsection (2) and paragraph
  205  (e) of subsection (4) of section 440.15, Florida Statutes, are
  206  amended to read:
  207         440.15 Compensation for disability.—Compensation for
  208  disability shall be paid to the employee, subject to the limits
  209  provided in s. 440.12(2), as follows:
  211         (a) Subject to subsection (7), in case of disability total
  212  in character but temporary in quality, 66 2/3 or 66.67 percent
  213  of the average weekly wages shall be paid to the employee during
  214  the continuance thereof, not to exceed 260 104 weeks except as
  215  provided in this subsection, s. 440.12(1), and s. 440.14(3).
  216  Once the employee reaches the maximum number of weeks allowed,
  217  or the employee reaches the date of maximum medical improvement,
  218  whichever occurs earlier, temporary disability benefits shall
  219  cease and the injured worker’s permanent impairment shall be
  220  determined.
  222         (e) Such benefits shall be paid during the continuance of
  223  such disability, not to exceed a period of 260 104 weeks, as
  224  provided by this subsection and subsection (2). Once the injured
  225  employee reaches the maximum number of weeks, temporary
  226  disability benefits cease and the injured worker’s permanent
  227  impairment must be determined. If the employee is terminated
  228  from postinjury employment based on the employee’s misconduct,
  229  temporary partial disability benefits are not payable as
  230  provided for in this section. The department shall by rule
  231  specify forms and procedures governing the method and time for
  232  payment of temporary disability benefits for dates of accidents
  233  before January 1, 1994, and for dates of accidents on or after
  234  January 1, 1994.
  235         Section 5. Subsection (2) of section 440.151, Florida
  236  Statutes, is amended to read:
  237         440.151 Occupational diseases.—
  238         (2) Whenever used in this section the term “occupational
  239  disease” shall be construed to mean only a disease which is due
  240  to causes and conditions which are characteristic of and
  241  peculiar to a particular trade, occupation, process, or
  242  employment, and to exclude all ordinary diseases of life to
  243  which the general public is exposed, unless the incidence of the
  244  disease is substantially higher in the particular trade,
  245  occupation, process, or employment than for the general public.
  246  “Occupational disease” means only a disease for which there are
  247  epidemiological studies showing that exposure to the specific
  248  substance involved, at the levels to which the employee was
  249  exposed, may cause the precise disease sustained by the
  250  employee. Notwithstanding any provision of this chapter, for
  251  firefighters, as defined in s. 112.81, multiple myeloma and non
  252  Hodgkin’s lymphoma are deemed to be occupational diseases that
  253  arise out of work performed in the course and scope of
  254  employment.
  255         Section 6. Subsections (2) and (5) of section 440.192,
  256  Florida Statutes, are amended to read:
  257         440.192 Procedure for resolving benefit disputes.—
  258         (2) Upon receipt, the Office of the Judges of Compensation
  259  Claims shall review each petition and shall dismiss each
  260  petition or any portion of such a petition that does not on its
  261  face meet the requirements of this section and the definition of
  262  specificity under s. 440.02, and specifically identify or
  263  itemize the following:
  264         (a) The name, address, and telephone number, and social
  265  security number of the employee.
  266         (b) The name, address, and telephone number of the
  267  employer.
  268         (c) A detailed description of the injury and cause of the
  269  injury, including the Florida county or, if outside of Florida,
  270  the state location of the occurrence and the date or dates of
  271  the accident.
  272         (d) A detailed description of the employee’s job, work
  273  responsibilities, and work the employee was performing when the
  274  injury occurred.
  275         (e) The specific time period for which compensation and the
  276  specific classification of compensation were not timely
  277  provided.
  278         (f) The specific date of maximum medical improvement,
  279  character of disability, and specific statement of all benefits
  280  or compensation that the employee is seeking. A claim for
  281  permanent benefits must include the specific date of maximum
  282  medical improvement and the specific date that such permanent
  283  benefits are claimed to begin.
  284         (g) All specific travel costs to which the employee
  285  believes she or he is entitled, including dates of travel and
  286  purpose of travel, means of transportation, and mileage and
  287  including the date the request for mileage was filed with the
  288  carrier and a copy of the request filed with the carrier.
  289         (h) A specific listing of all medical charges alleged
  290  unpaid, including the name and address of the medical provider,
  291  the amounts due, and the specific dates of treatment.
  292         (i) The type or nature of treatment care or attendance
  293  sought and the justification for such treatment. If the employee
  294  is under the care of a physician for an injury identified under
  295  paragraph (c), a copy of the physician’s request, authorization,
  296  or recommendation for treatment, care, or attendance must
  297  accompany the petition.
  298         (j) The specific amount of compensation claimed to be
  299  accurate and the methodology claimed to accurately calculate the
  300  average weekly wage, if the average weekly wage calculated by
  301  the employer or carrier is disputed. If the petition does not
  302  include a claim under this paragraph, the average weekly wage
  303  and corresponding compensation calculated by the employer or
  304  carrier are presumed to be accurate.
  305         (k)(j)A specific explanation of any other disputed issue
  306  that a judge of compensation claims will be called to rule upon.
  308  The dismissal of any petition or portion of such a petition
  309  under this subsection section is without prejudice and does not
  310  require a hearing.
  311         (5)(a) All motions to dismiss must state with particularity
  312  the basis for the motion. The judge of compensation claims shall
  313  enter an order upon such motions without hearing, unless good
  314  cause for hearing is shown. Dismissal of any petition or portion
  315  of a petition under this subsection is without prejudice.
  316         (b) Upon motion that a petition or portion of a petition be
  317  dismissed for lack of specificity, the judge of compensation
  318  claims shall enter an order on the motion, unless stipulated in
  319  writing by the parties, within 10 days after the motion is filed
  320  or, if good cause for hearing is shown, within 20 days after
  321  hearing on the motion. When any petition or portion of a
  322  petition is dismissed for lack of specificity under this
  323  subsection, the claimant must be allowed 20 days after the date
  324  of the order of dismissal in which to file an amended petition.
  325  Any grounds for dismissal for lack of specificity under this
  326  section which are not asserted within 30 days after receipt of
  327  the petition for benefits are thereby waived.
  328         Section 7. Section 440.34, Florida Statutes, is amended to
  329  read:
  330         440.34 Attorney Attorney’s fees; costs.—
  331         (1)(a) A fee, gratuity, or other consideration may not be
  332  paid by a carrier or employer for a claimant in connection with
  333  any proceedings arising under this chapter, unless approved by
  334  the judge of compensation claims or court having jurisdiction
  335  over such proceedings. Any attorney fees attorney’s fee approved
  336  by a judge of compensation claims for benefits secured on behalf
  337  of a claimant must equal to 20 percent of the first $5,000 of
  338  the amount of the benefits secured, 15 percent of the next
  339  $5,000 of the amount of the benefits secured, 10 percent of the
  340  remaining amount of the benefits secured to be provided during
  341  the first 10 years after the date the claim is filed, and 5
  342  percent of the benefits secured after 10 years.
  343         (b) However, the judge of compensation claims shall
  344  consider the following factors in each case and may increase or
  345  decrease the attorney fees, based on a maximum hourly rate of
  346  $250 per hour, if in his or her judgment he or she expressly
  347  finds that the circumstances of the particular case warrant such
  348  action:
  349         1. The time and labor required, the novelty and difficulty
  350  of the questions involved, and the skill requisite to perform
  351  the legal service properly.
  352         2. The fee customarily charged in the locality for similar
  353  legal services.
  354         3. The amount involved in the controversy and the benefits
  355  resulting to the claimant.
  356         4. The time limitation imposed by the claimant or the
  357  circumstances.
  358         5. The experience, reputation, and ability of the attorney
  359  or attorneys performing services.
  360         6. The contingency or certainty of a fee.
  361         (c) The judge of compensation claims shall not approve a
  362  compensation order, a joint stipulation for lump-sum settlement,
  363  a stipulation or agreement between a claimant and his or her
  364  attorney, or any other agreement related to benefits under this
  365  chapter which provides for attorney fees paid by a carrier or
  366  employer an attorney’s fee in excess of the amount permitted by
  367  this section. The judge of compensation claims is not required
  368  to approve any retainer agreement between the claimant and his
  369  or her attorney. The retainer agreement as to fees and costs may
  370  not be for compensation in excess of the amount allowed under
  371  this subsection or subsection (7).
  372         (2) In awarding a claimant’s attorney fees paid by a
  373  carrier or employer attorney’s fee, the judge of compensation
  374  claims shall consider only those benefits secured by the
  375  attorney. An attorney is not entitled to attorney attorney’s
  376  fees for representation in any issue that was ripe, due, and
  377  owing and that reasonably could have been addressed, but was not
  378  addressed, during the pendency of other issues for the same
  379  injury. The amount, statutory basis, and type of benefits
  380  obtained through legal representation shall be listed on all
  381  attorney attorney’s fees awarded by the judge of compensation
  382  claims. For purposes of this section, the term “benefits
  383  secured” does not include future medical benefits to be provided
  384  on any date more than 5 years after the date the claim is filed.
  385  In the event an offer to settle an issue pending before a judge
  386  of compensation claims, including attorney attorney’s fees as
  387  provided for in this section, is communicated in writing to the
  388  claimant or the claimant’s attorney at least 30 days prior to
  389  the trial date on such issue, for purposes of calculating the
  390  amount of attorney attorney’s fees to be taxed against the
  391  employer or carrier, the term “benefits secured” shall be deemed
  392  to include only that amount awarded to the claimant above the
  393  amount specified in the offer to settle. If multiple issues are
  394  pending before the judge of compensation claims, said offer of
  395  settlement shall address each issue pending and shall state
  396  explicitly whether or not the offer on each issue is severable.
  397  The written offer shall also unequivocally state whether or not
  398  it includes medical witness fees and expenses and all other
  399  costs associated with the claim.
  400         (3) If any party should prevail in any proceedings before a
  401  judge of compensation claims or court, there shall be taxed
  402  against the nonprevailing party the reasonable costs of such
  403  proceedings, not to include attorney attorney’s fees. A claimant
  404  is responsible for the payment of her or his own attorney
  405  attorney’s fees, except that a claimant is entitled to recover
  406  attorney fees an attorney’s fee in an amount equal to the amount
  407  provided for in subsection (1) or subsection (7) from a carrier
  408  or employer:
  409         (a) Against whom she or he successfully asserts a petition
  410  for medical benefits only, if the claimant has not filed or is
  411  not entitled to file at such time a claim for disability,
  412  permanent impairment, wage-loss, or death benefits, arising out
  413  of the same accident;
  414         (b) In any case in which the employer or carrier files a
  415  response to petition denying benefits with the Office of the
  416  Judges of Compensation Claims and the injured person has
  417  employed an attorney in the successful prosecution of the
  418  petition;
  419         (c) In a proceeding in which a carrier or employer denies
  420  that an accident occurred for which compensation benefits are
  421  payable, and the claimant prevails on the issue of
  422  compensability; or
  423         (d) In cases where the claimant successfully prevails in
  424  proceedings filed under s. 440.24 or s. 440.28.
  426  Regardless of the date benefits were initially requested,
  427  attorney attorney’s fees shall not attach under this subsection
  428  until 30 days after the date the carrier or employer, if self
  429  insured, receives the petition.
  430         (4) In such cases in which the claimant is responsible for
  431  the payment of her or his own attorney attorney’s fees, such
  432  fees are a lien upon compensation payable to the claimant,
  433  notwithstanding s. 440.22.
  434         (5) If any proceedings are had for review of any claim,
  435  award, or compensation order before any court, the court may
  436  award the injured employee or dependent attorney fees an
  437  attorney’s fee to be paid by the employer or carrier, in its
  438  discretion, which shall be paid as the court may direct.
  439         (6) A judge of compensation claims may not enter an order
  440  approving the contents of a retainer agreement that permits
  441  placing any portion of the employee’s compensation into an
  442  escrow account until benefits have been secured.
  443         (7) This section may not be interpreted to limit or
  444  otherwise infringe on a claimant’s right to retain an attorney
  445  and pay the attorney reasonable attorney fees for legal services
  446  related to a claim under the Workers Compensation Law If an
  447  attorney’s fee is owed under paragraph (3)(a), the judge of
  448  compensation claims may approve an alternative attorney’s fee
  449  not to exceed $1,500 only once per accident, based on a maximum
  450  hourly rate of $150 per hour, if the judge of compensation
  451  claims expressly finds that the attorney’s fee amount provided
  452  for in subsection (1), based on benefits secured, fails to
  453  fairly compensate the attorney for disputed medical-only claims
  454  as provided in paragraph (3)(a) and the circumstances of the
  455  particular case warrant such action.
  456         Section 8. Effective July 1, 2018, subsection (10) of
  457  section 624.482, Florida Statutes, is amended to read:
  458         624.482 Making and use of rates.—
  459         (10) Any self-insurance fund that writes workers’
  460  compensation insurance and employer’s liability insurance is
  461  subject to, and shall make all rate filings for workers’
  462  compensation insurance and employer’s liability insurance in
  463  accordance with, ss. 627.091, 627.101, 627.111, 627.141,
  464  627.151, 627.171, and 627.191, and 627.211.
  465         Section 9. Effective July 1, 2018, subsections (3), (4),
  466  and (6) of section 627.041, Florida Statutes, are amended to
  467  read:
  468         627.041 Definitions.—As used in this part:
  469         (3) “Rating organization” means every person, other than an
  470  authorized insurer, whether located within or outside this
  471  state, who has as his or her object or purpose the making of
  472  prospective loss costs, rates, rating plans, or rating systems.
  473  Two or more authorized insurers that act in concert for the
  474  purpose of making prospective loss costs, rates, rating plans,
  475  or rating systems, and that do not operate within the specific
  476  authorizations contained in ss. 627.311, 627.314(2), (4), and
  477  627.351, shall be deemed to be a rating organization. No single
  478  insurer shall be deemed to be a rating organization.
  479         (4) “Advisory organization” means every group, association,
  480  or other organization of insurers, whether located within or
  481  outside this state, which prepares policy forms or makes
  482  underwriting rules incident to but not including the making of
  483  prospective loss costs, rates, rating plans, or rating systems
  484  or which collects and furnishes to authorized insurers or rating
  485  organizations loss or expense statistics or other statistical
  486  information and data and acts in an advisory, as distinguished
  487  from a ratemaking, capacity.
  488         (6) “Subscriber” means an insurer which is furnished at its
  489  request:
  490         (a) With prospective loss costs, rates, and rating manuals
  491  by a rating organization of which it is not a member; or
  492         (b) With advisory services by an advisory organization of
  493  which it is not a member.
  494         Section 10. Effective July 1, 2018, subsection (1) of
  495  section 627.0612, Florida Statutes, is amended to read:
  496         627.0612 Administrative proceedings in rating
  497  determinations.—
  498         (1) In any proceeding to determine whether prospective loss
  499  costs, rates, rating plans, or other matters governed by this
  500  part comply with the law, the appellate court shall set aside a
  501  final order of the office if the office has violated s.
  502  120.57(1)(k) by substituting its findings of fact for findings
  503  of an administrative law judge which were supported by competent
  504  substantial evidence.
  505         Section 11. Effective July 1, 2018, subsection (1) of
  506  section 627.062, Florida Statutes, is amended to read:
  507         627.062 Rate standards.—
  508         (1) The rates and loss costs for all classes of insurance
  509  to which the provisions of this part are applicable may not be
  510  excessive, inadequate, or unfairly discriminatory.
  511         Section 12. Effective July 1, 2018, subsection (1) of
  512  section 627.0645, Florida Statutes, is amended to read:
  513         627.0645 Annual filings.—
  514         (1) Each rating organization filing rates for, and each
  515  insurer writing, any line of property or casualty insurance to
  516  which this part applies, except:
  517         (a) Workers’ compensation and employer’s liability
  518  insurance;
  519         (a)(b) Insurance as defined in ss. 624.604 and 624.605,
  520  limited to coverage of commercial risks other than commercial
  521  residential multiperil; or
  522         (b)(c) Travel insurance, if issued as a master group policy
  523  with a situs in another state where each certificateholder pays
  524  less than $30 in premium for each covered trip and where the
  525  insurer has written less than $1 million in annual written
  526  premiums in the travel insurance product in this state during
  527  the most recent calendar year,
  529  shall make an annual base rate filing for each such line with
  530  the office no later than 12 months after its previous base rate
  531  filing, demonstrating that its rates are not inadequate.
  532         Section 13. Effective July 1, 2018, subsections (1) and (5)
  533  of section 627.072, Florida Statutes, are amended to read:
  534         627.072 Making and use of rates.—
  535         (1) As to workers’ compensation and employer’s liability
  536  insurance, the following factors shall be used in the
  537  determination and fixing of loss costs or rates, as applicable:
  538         (a) The past loss experience and prospective loss
  539  experience within and outside this state;
  540         (b) The conflagration and catastrophe hazards;
  541         (c) A reasonable margin for underwriting profit and
  542  contingencies;
  543         (d) Dividends, savings, or unabsorbed premium deposits
  544  allowed or returned by insurers to their policyholders, members,
  545  or subscribers;
  546         (e) Investment income on unearned premium reserves and loss
  547  reserves;
  548         (f) Past expenses and prospective expenses, both those
  549  countrywide and those specifically applicable to this state; and
  550         (g) All other relevant factors, including judgment factors,
  551  within and outside this state.
  552         (5)(a) In the case of workers’ compensation and employer’s
  553  liability insurance, the office shall consider utilizing the
  554  following methodology in rate determinations: Premiums,
  555  expenses, and expected claim costs would be discounted to a
  556  common point of time, such as the initial point of a policy
  557  year, in the determination of rates; the cash-flow pattern of
  558  premiums, expenses, and claim costs would be determined
  559  initially by using data from 8 to 10 of the largest insurers
  560  writing workers’ compensation insurance in the state; such
  561  insurers may be selected for their statistical ability to report
  562  the data on an accident-year basis and in accordance with
  563  subparagraphs (b)1., 2., and 3., for at least 2 1/2 years; such
  564  a cash-flow pattern would be modified when necessary in
  565  accordance with the data and whenever a radical change in the
  566  payout pattern is expected in the policy year under
  567  consideration.
  568         (b) If the methodology set forth in paragraph (a) is
  569  utilized, to facilitate the determination of such a cash-flow
  570  pattern methodology:
  571         1. Each insurer shall include in its statistical reporting
  572  to the rating bureau and the office the accident year by
  573  calendar quarter data for paid-claim costs;
  574         2. Each insurer shall submit financial reports to the
  575  rating bureau and the office which shall include total incurred
  576  claim amounts and paid-claim amounts by policy year and by
  577  injury types as of December 31 of each calendar year; and
  578         3. Each insurer shall submit to the rating bureau and the
  579  office paid-premium data on an individual risk basis in which
  580  risks are to be subdivided by premium size as follows:
  582  Number of Risks in
  583   Premium Range                             Standard Premium Size
  585  ...(to be filled in by carrier)...                      $300—999
  586  ...(to be filled in by carrier)...                   1,000—4,999
  587  ...(to be filled in by carrier)...                  5,000—49,999
  588  ...(to be filled in by carrier)...                 50,000—99,999
  589  ...(to be filled in by carrier)...               100,000 or more
  590  Total:
  591         Section 14. Effective July 1, 2018, section 627.091,
  592  Florida Statutes, is amended to read:
  593         627.091 Rate filings; workers’ compensation and employer’s
  594  liability insurances.—
  595         (1) As used in this section, the term:
  596         (a) “Expenses” means the portion of a rate which is
  597  attributable to acquisition, field supervision, collection
  598  expenses, taxes, reinsurance, assessments, and general expenses.
  599         (b) “Loss cost modifier” means an adjustment to, or a
  600  deviation from, the approved prospective loss costs filed by a
  601  licensed rating organization.
  602         (c) “Loss cost multiplier” means the profit and expense
  603  factor, expressed as a single nonintegral number to be applied
  604  to the prospective loss costs, which is associated with writing
  605  workers’ compensation and employer’s liability insurance and
  606  which is approved by the office in making rates for each
  607  classification of risks used by that insurer.
  608         (d) “Prospective loss costs” means the portion of a rate
  609  which reflects historical industry average aggregate losses and
  610  loss adjustment expenses projected through development to their
  611  ultimate value and through trending to a future point in time.
  612  The term does not include provisions for profit or expenses
  613  other than loss adjustment expense.
  614         (2)(1) As to workers’ compensation and employer’s liability
  615  insurances, every insurer shall file with the office every
  616  manual of classifications, rules, and rates, every rating plan,
  617  and every modification of any of the foregoing which it proposes
  618  to use. Each insurer or insurer group shall independently and
  619  individually file with the office the final rates it proposes to
  620  use. An insurer may satisfy this filing requirement by adopting
  621  the most recent loss costs filed by a licensed rating
  622  organization and approved by the office, and by otherwise
  623  complying with this part. Each insurer shall file data in
  624  accordance with the uniform statistical plan approved by the
  625  office. Every filing under this subsection:
  626         (a) Must state the proposed effective date and must be made
  627  at least 90 days before such proposed effective date;
  628         (b) Must indicate the character and extent of the coverage
  629  contemplated;
  630         (c) May use the most recent approved prospective loss costs
  631  filed by a licensed rating organization in combination with the
  632  insurer’s own approved loss cost multiplier and loss cost
  633  modifier;
  634         (d) Must include all deductibles required in chapter 440,
  635  and may include additional deductible provisions in its manual
  636  of classifications, rules, and rates. All deductibles must be in
  637  a form and manner that is consistent with the underlying purpose
  638  of chapter 440;
  639         (e) May use variable or fixed expense loads or a
  640  combination thereof, and may vary the expense, profit, or
  641  contingency provisions by class or group of classes, if the
  642  insurer files supporting data justifying such variations;
  643         (f) May include a schedule of proposed premium discounts,
  644  credits, and surcharges. The office may not approve discounts,
  645  credits, and surcharges unless they are based on objective
  646  criteria that bear a reasonable relationship to the expected
  647  loss, expense, or profit experience of an individual
  648  policyholder or a class of policyholders; and
  649         (g)May file a minimum premium or expense constant Every
  650  insurer is authorized to include deductible provisions in its
  651  manual of classifications, rules, and rates. Such deductibles
  652  shall in all cases be in a form and manner which is consistent
  653  with the underlying purpose of chapter 440.
  654         (3)(2)Every such filing shall state the proposed effective
  655  date thereof, and shall indicate the character and extent of the
  656  coverage contemplated. When a filing is not accompanied by the
  657  information upon which the insurer or rating organization
  658  supports the filing and the office does not have sufficient
  659  information to determine whether the filing meets the applicable
  660  requirements of this part, the office, it shall within 15 days
  661  after the date of filing, shall require the insurer or rating
  662  organization to furnish the information upon which it supports
  663  the filing. The information furnished in support of a filing may
  664  include:
  665         (a) The experience or judgment of the insurer or rating
  666  organization making the filing;
  667         (b) The Its interpretation of any statistical data which
  668  the insurer or rating organization making the filing it relies
  669  upon;
  670         (c) The experience of other insurers or rating
  671  organizations; or
  672         (d) Any other factors which the insurer or rating
  673  organization making the filing deems relevant.
  674         (4)(3) A filing and any supporting information are shall be
  675  open to public inspection as provided in s. 119.07(1).
  676         (5)(4) An insurer may become satisfy its obligation to make
  677  such filings by becoming a member of, or a subscriber to, a
  678  licensed rating organization that which makes loss costs such
  679  filings and by authorizing the office to accept such filings in
  680  its behalf; but nothing contained in this chapter shall be
  681  construed as requiring any insurer to become a member or a
  682  subscriber to any rating organization.
  683         (6) A licensed rating organization may develop and file for
  684  approval with the office reference filings containing
  685  prospective loss costs and the underlying loss data, and other
  686  supporting statistical and actuarial information. A rating
  687  organization may not develop or file final rates or multipliers
  688  for expenses, profit, or contingencies. After a loss cost
  689  reference filing is filed with the office and is approved, the
  690  rating organization must provide its member subscribers with a
  691  copy of the approved reference filing.
  692         (7) A rating organization may file supplementary rating
  693  information and rules, including, but not limited to,
  694  policywriting rules, rating plan classification codes and
  695  descriptions, experience modification plans, statistical plans
  696  and forms, and rules that include factors or relativities, such
  697  as increased limits factors, classification relativities, or
  698  similar factors, but that exclude minimum premiums. An insurer
  699  may use supplementary rating information if such information is
  700  approved by the office.
  701         (8)(5) Pursuant to the provisions of s. 624.3161, the
  702  office may examine the underlying statistical data used in such
  703  filings.
  704         (9)(6) Whenever the committee of a recognized rating
  705  organization with authority to file prospective loss costs for
  706  use by insurers in determining responsibility for workers’
  707  compensation and employer’s liability insurance rates in this
  708  state meets to discuss the necessity for, or a request for,
  709  Florida rate increases or decreases in prospective loss costs in
  710  this state, the determination of prospective loss costs in this
  711  state Florida rates, the prospective loss costs rates to be
  712  requested in this state, and any other matters pertaining
  713  specifically and directly to prospective loss costs in this
  714  state such Florida rates, such meetings shall be held in this
  715  state and are shall be subject to s. 286.011. The committee of
  716  such a rating organization shall provide at least 3 weeks’ prior
  717  notice of such meetings to the office and shall provide at least
  718  14 days’ prior notice of such meetings to the public by
  719  publication in the Florida Administrative Register.
  720         (10) An insurer group with multiple insurers writing
  721  workers’ compensation and employer’s liability insurance shall
  722  file underwriting rules not contained in rating manuals.
  723         Section 15. Effective July 1, 2018, section 627.093,
  724  Florida Statutes, is amended to read:
  725         627.093 Application of s. 286.011 to workers’ compensation
  726  and employer’s liability insurances.—Section 286.011 shall be
  727  applicable to every prospective loss cost and rate filing,
  728  approval or disapproval of filing, rating deviation from filing,
  729  or appeal from any of these regarding workers’ compensation and
  730  employer’s liability insurances.
  731         Section 16. Effective July 1, 2018, subsection (1) of
  732  section 627.101, Florida Statutes, is amended to read:
  733         627.101 When filing becomes effective; workers’
  734  compensation and employer’s liability insurances.—
  735         (1) The office shall review all required filings as to
  736  workers’ compensation and employer’s liability insurances as
  737  soon as reasonably possible after they have been made in order
  738  to determine whether they meet the applicable requirements of
  739  this part. If the office determines that part of a required rate
  740  filing does not meet the applicable requirements of this part,
  741  it may reject so much of the filing as does not meet these
  742  requirements, and approve the remainder of the filing.
  743         Section 17. Effective July 1, 2018, section 627.211,
  744  Florida Statutes, is amended to read:
  745         627.211 Annual report by the office on the workers’
  746  compensation insurance market Deviations; workers’ compensation
  747  and employer’s liability insurances.—
  748         (1) Every member or subscriber to a rating organization
  749  shall, as to workers’ compensation or employer’s liability
  750  insurance, adhere to the filings made on its behalf by such
  751  organization; except that any such insurer may make written
  752  application to the office for permission to file a uniform
  753  percentage decrease or increase to be applied to the premiums
  754  produced by the rating system so filed for a kind of insurance,
  755  for a class of insurance which is found by the office to be a
  756  proper rating unit for the application of such uniform
  757  percentage decrease or increase, or for a subdivision of
  758  workers’ compensation or employer’s liability insurance:
  759         (a) Comprised of a group of manual classifications which is
  760  treated as a separate unit for ratemaking purposes; or
  761         (b) For which separate expense provisions are included in
  762  the filings of the rating organization.
  764  Such application shall specify the basis for the modification
  765  and shall be accompanied by the data upon which the applicant
  766  relies. A copy of the application and data shall be sent
  767  simultaneously to the rating organization.
  768         (2) Every member or subscriber to a rating organization
  769  may, as to workers’ compensation and employer’s liability
  770  insurance, file a plan or plans to use deviations that vary
  771  according to factors present in each insured’s individual risk.
  772  The insurer that files for the deviations provided in this
  773  subsection shall file the qualifications for the plans,
  774  schedules of rating factors, and the maximum deviation factors
  775  which shall be subject to the approval of the office pursuant to
  776  s. 627.091. The actual deviation which shall be used for each
  777  insured that qualifies under this subsection may not exceed the
  778  maximum filed deviation under that plan and shall be based on
  779  the merits of each insured’s individual risk as determined by
  780  using schedules of rating factors which shall be applied
  781  uniformly. Insurers shall maintain statistical data in
  782  accordance with the schedule of rating factors. Such data shall
  783  be available to support the continued use of such varying
  784  deviations.
  785         (3) In considering an application for the deviation, the
  786  office shall give consideration to the applicable principles for
  787  ratemaking as set forth in ss. 627.062 and 627.072 and the
  788  financial condition of the insurer. In evaluating the financial
  789  condition of the insurer, the office may consider: (1) the
  790  insurer’s audited financial statements and whether the
  791  statements provide unqualified opinions or contain significant
  792  qualifications or “subject to” provisions; (2) any independent
  793  or other actuarial certification of loss reserves; (3) whether
  794  workers’ compensation and employer’s liability reserves are
  795  above the midpoint or best estimate of the actuary’s reserve
  796  range estimate; (4) the adequacy of the proposed rate; (5)
  797  historical experience demonstrating the profitability of the
  798  insurer; (6) the existence of excess or other reinsurance that
  799  contains a sufficiently low attachment point and maximums that
  800  provide adequate protection to the insurer; and (7) other
  801  factors considered relevant to the financial condition of the
  802  insurer by the office. The office shall approve the deviation if
  803  it finds it to be justified, it would not endanger the financial
  804  condition of the insurer, and it would not constitute predatory
  805  pricing. The office shall disapprove the deviation if it finds
  806  that the resulting premiums would be excessive, inadequate, or
  807  unfairly discriminatory, would endanger the financial condition
  808  of the insurer, or would result in predatory pricing. The
  809  insurer may not use a deviation unless the deviation is
  810  specifically approved by the office. An insurer may apply the
  811  premiums approved pursuant to s. 627.091 or its uniform
  812  deviation approved pursuant to this section to a particular
  813  insured according to underwriting guidelines filed with and
  814  approved by the office, such approval to be based on ss. 627.062
  815  and 627.072.
  816         (4) Each deviation permitted to be filed shall be effective
  817  for a period of 1 year unless terminated, extended, or modified
  818  with the approval of the office. If at any time after a
  819  deviation has been approved the office finds that the deviation
  820  no longer meets the requirements of this code, it shall notify
  821  the insurer in what respects it finds that the deviation fails
  822  to meet such requirements and specify when, within a reasonable
  823  period thereafter, the deviation shall be deemed no longer
  824  effective. The notice shall not affect any insurance contract or
  825  policy made or issued prior to the expiration of the period set
  826  forth in the notice.
  827         (5) For purposes of this section, the office, when
  828  considering the experience of any insurer, shall consider the
  829  experience of any predecessor insurer when the business and the
  830  liabilities of the predecessor insurer were assumed by the
  831  insurer pursuant to an order of the office which approves the
  832  assumption of the business and the liabilities.
  833         (6) The office shall submit an annual report to the
  834  President of the Senate and the Speaker of the House of
  835  Representatives by January 15 of each year which evaluates
  836  insurance company solvency and competition in the workers’
  837  compensation insurance market in this state. The report must
  838  contain an analysis of the availability and affordability of
  839  workers’ compensation coverage and whether the current market
  840  structure, conduct, and performance are conducive to
  841  competition, based upon economic analysis and tests. The purpose
  842  of this report is to aid the Legislature in determining whether
  843  changes to the workers’ compensation rating laws are warranted.
  844  The report must also document that the office has complied with
  845  the provisions of s. 627.096 which require the office to
  846  investigate and study all workers’ compensation insurers in the
  847  state and to study the data, statistics, schedules, or other
  848  information as it finds necessary to assist in its review of
  849  workers’ compensation rate filings.
  850         Section 18. Effective July 1, 2018, section 627.2151,
  851  Florida Statutes, is created to read:
  852         627.2151 Workers’ compensation excessive defense and cost
  853  containment expenses.—
  854         (1) As used in this section, the term “defense and cost
  855  containment expenses” or “DCCE” includes the following Florida
  856  expenses of an insurer group or insurer writing workers’
  857  compensation insurance:
  858         (a) Insurance company attorney fees;
  859         (b) Expert witnesses;
  860         (c) Medical examinations and autopsies;
  861         (d) Medical fee review panels;
  862         (e) Bill auditing;
  863         (f) Treatment utilization reviews; and
  864         (g) Preferred provider network expenses.
  865         (2) Each insurer group or insurer writing workers’
  866  compensation insurance shall file with the office a schedule of
  867  Florida defense and cost containment expenses and total Florida
  868  incurred losses for each of the 3 years before the most recent
  869  accident year. The DCCE and incurred losses must be valued as of
  870  December 31 of the first year following the latest accident year
  871  to be reported, developed to an ultimate basis, and at two 12
  872  month intervals thereafter, each developed to an ultimate basis,
  873  so that a total of three evaluations will be provided for each
  874  accident year. The first year reported shall be accident year
  875  2018, so that the reporting of 3 accident years under this
  876  evaluation will not take place until accident years 2019 and
  877  2020 have become available.
  878         (3) Excessive DCCE occurs when an insurer includes in its
  879  rates Florida defense and cost containment expenses for workers’
  880  compensation which exceed 15 percent of Florida workers’
  881  compensation incurred losses by the insurer or insurer group for
  882  the 3 most recent calendar years for which data is to be filed
  883  under this section.
  884         (4) If the insurer or insurer group realizes excessive
  885  DCCE, the office must order a return of the excess amounts after
  886  affording the insurer or insurer group an opportunity for a
  887  hearing and otherwise complying with the requirements of chapter
  888  120. Excessive DCCE amounts must be returned in all instances
  889  unless the insurer or insurer group affirmatively demonstrates
  890  to the office that the refund of the excessive DCCE amounts will
  891  render a member of the insurer group financially impaired or
  892  will render it insolvent under provisions of the Florida
  893  Insurance Code.
  894         (5) Any excess DCCE amount must be returned to
  895  policyholders in the form of a cash refund or credit toward the
  896  future purchase of insurance. The refund or credit must be made
  897  on a pro rata basis in relation to the final compilation year
  898  earned premiums to the policyholders of record of the insurer or
  899  insurer group on December 31 of the final compilation year. Cash
  900  refunds and data in required reports to the office may be
  901  rounded to the nearest dollar and must be consistently applied.
  902         (6)(a) Refunds must be completed in one of the following
  903  ways:
  904         1. A cash refund must be completed within 60 days after
  905  entry of a final order indicating that excessive DCCE has been
  906  realized.
  907         2. A credit to renewal policies must be applied to policy
  908  renewal premium notices that are forwarded to insureds more than
  909  60 calendar days after entry of a final order indicating that
  910  excessive DCCE has been realized. If the insured thereafter
  911  cancels a policy or otherwise allows the policy to terminate,
  912  the insurer or insurer group must make a cash refund not later
  913  than 60 days after coverage termination.
  914         (b) Upon completion of the renewal credits or refunds, the
  915  insurer or insurer group shall immediately certify having made
  916  the refunds to the office.
  917         (7) Any refund or renewal credit made pursuant to this
  918  section is treated as a policyholder dividend applicable to the
  919  year immediately succeeding the compilation period giving rise
  920  to the refund or credit, for purposes of reporting under this
  921  section for subsequent years.
  922         Section 19. Effective July 1, 2018, section 627.291,
  923  Florida Statutes, is amended to read:
  924         627.291 Information to be furnished insureds; appeal by
  925  insureds; workers’ compensation and employer’s liability
  926  insurances.—
  927         (1) As to workers’ compensation and employer’s liability
  928  insurances, every rating organization filing prospective loss
  929  costs and every insurer which makes its own rates shall, within
  930  a reasonable time after receiving written request therefor and
  931  upon payment of such reasonable charge as it may make, furnish
  932  to any insured affected by a rate made by it, or to the
  933  authorized representative of such insured, all pertinent
  934  information as to such rate.
  935         (2) As to workers’ compensation and employer’s liability
  936  insurances, every rating organization filing prospective loss
  937  costs and every insurer which makes its own rates shall provide
  938  within this state reasonable means whereby any person aggrieved
  939  by the application of its rating system may be heard, in person
  940  or by his or her authorized representative, on his or her
  941  written request to review the manner in which such rating system
  942  has been applied in connection with the insurance afforded him
  943  or her. If the rating organization filing prospective loss costs
  944  or the insurer making its own rates fails to grant or rejects
  945  such request within 30 days after it is made, the applicant may
  946  proceed in the same manner as if his or her application had been
  947  rejected. Any party affected by the action of such rating
  948  organization filing prospective loss costs or insurer making its
  949  own rates on such request may, within 30 days after written
  950  notice of such action, appeal to the office, which may affirm or
  951  reverse such action.
  952         Section 20. Effective July 1, 2018, section 627.318,
  953  Florida Statutes, is amended to read:
  954         627.318 Records.—Every insurer, rating organization filing
  955  prospective loss costs, and advisory organization and every
  956  group, association, or other organization of insurers which
  957  engages in joint underwriting or joint reinsurance shall
  958  maintain reasonable records, of the type and kind reasonably
  959  adapted to its method of operation, of its experience or the
  960  experience of its members and of the data, statistics, or
  961  information collected or used by it in connection with the
  962  prospective loss costs, rates, rating plans, rating systems,
  963  underwriting rules, policy or bond forms, surveys, or
  964  inspections made or used by it, so that such records will be
  965  available at all reasonable times to enable the office to
  966  determine whether such organization, insurer, group, or
  967  association, and, in the case of an insurer or rating
  968  organization, every prospective loss cost, rate, rating plan,
  969  and rating system made or used by it, complies with the
  970  provisions of this part applicable to it. The maintenance of
  971  such records in the office of a licensed rating organization of
  972  which an insurer is a member or subscriber will be sufficient
  973  compliance with this section for any such insurer maintaining
  974  membership or subscribership in such organization, to the extent
  975  that the insurer uses the prospective loss costs, rates, rating
  976  plans, rating systems, or underwriting rules of such
  977  organization. Such records shall be maintained in an office
  978  within this state or shall be made available for examination or
  979  inspection within this state by the department at any time upon
  980  reasonable notice.
  981         Section 21. Effective July 1, 2018, section 627.361,
  982  Florida Statutes, is amended to read:
  983         627.361 False or misleading information.—No person shall
  984  willfully withhold information from or knowingly give false or
  985  misleading information to the office, any statistical agency
  986  designated by the office, any rating organization, or any
  987  insurer, which will affect the prospective loss costs, rates, or
  988  premiums chargeable under this part.
  989         Section 22. Effective July 1, 2018, subsections (1) and (2)
  990  of section 627.371, Florida Statutes, are amended to read:
  991         627.371 Hearings.—
  992         (1) Any person aggrieved by any rate charged, rating plan,
  993  rating system, or underwriting rule followed or adopted by an
  994  insurer, and any person aggrieved by any rating plan, rating
  995  system, or underwriting rule followed or adopted by a rating
  996  organization, may herself or himself or by her or his authorized
  997  representative make written request of the insurer or rating
  998  organization to review the manner in which the prospective loss
  999  cost, rate, plan, system, or rule has been applied with respect
 1000  to insurance afforded her or him. If the request is not granted
 1001  within 30 days after it is made, the requester may treat it as
 1002  rejected. Any person aggrieved by the refusal of an insurer or
 1003  rating organization to grant the review requested, or by the
 1004  failure or refusal to grant all or part of the relief requested,
 1005  may file a written complaint with the office, specifying the
 1006  grounds relied upon. If the office has already disposed of the
 1007  issue as raised by a similar complaint or believes that probable
 1008  cause for the complaint does not exist or that the complaint is
 1009  not made in good faith, it shall so notify the complainant.
 1010  Otherwise, and if it also finds that the complaint charges a
 1011  violation of this chapter and that the complainant would be
 1012  aggrieved if the violation is proven, it shall proceed as
 1013  provided in subsection (2).
 1014         (2) If after examination of an insurer, rating
 1015  organization, advisory organization, or group, association, or
 1016  other organization of insurers which engages in joint
 1017  underwriting or joint reinsurance, upon the basis of other
 1018  information, or upon sufficient complaint as provided in
 1019  subsection (1), the office has good cause to believe that such
 1020  insurer, organization, group, or association, or any prospective
 1021  loss cost, rate, rating plan, or rating system made or used by
 1022  any such insurer or rating organization, does not comply with
 1023  the requirements and standards of this part applicable to it, it
 1024  shall, unless it has good cause to believe such noncompliance is
 1025  willful, give notice in writing to such insurer, organization,
 1026  group, or association stating therein in what manner and to what
 1027  extent noncompliance is alleged to exist and specifying therein
 1028  a reasonable time, not less than 10 days thereafter, in which
 1029  the noncompliance may be corrected, including any premium
 1030  adjustment.
 1031         Section 23. Effective July 1, 2017, the sums of $723,118 in
 1032  recurring funds and $100,000 in nonrecurring funds from the
 1033  Insurance Regulatory Trust Fund are appropriated to the Office
 1034  of Insurance Regulation, and eight full-time equivalent
 1035  positions with associated salary rate of 460,000 are authorized,
 1036  for the purpose of implementing this act.
 1037         Section 24. Effective July 1, 2017, the sum of $24,720 in
 1038  nonrecurring funds from the Operating Trust Fund is appropriated
 1039  to the Office of Judges of Compensation Claims within the
 1040  Division of Administrative Hearings for the purposes of
 1041  implementing this act.
 1042         Section 25. Except as otherwise expressly provided in this
 1043  act, this act shall take effect July 1, 2017.
 1045  ================= T I T L E  A M E N D M E N T ================
 1046  And the title is amended as follows:
 1047         Delete everything before the enacting clause
 1048  and insert:
 1049                        A bill to be entitled                      
 1050         An act relating to workers’ compensation insurance;
 1051         amending s. 440.02, F.S.; redefining the term
 1052         “specificity”; amending s. 440.105, F.S.; revising a
 1053         prohibition against receiving certain fees,
 1054         consideration, or gratuities under certain
 1055         circumstances; amending s. 440.13, F.S.; specifying
 1056         certain timeframes in terms of business days, rather
 1057         than days; requiring carriers to authorize or deny,
 1058         rather than respond to, certain requests for
 1059         authorization within a specified timeframe; revising
 1060         construction; revising a specified interval for
 1061         certain notices furnished by treating physicians to
 1062         employers or carriers; amending s. 440.15, F.S.;
 1063         revising the maximum period of specified temporary
 1064         disability benefits; amending s. 440.151, F.S.;
 1065         providing that specified cancers of firefighters are
 1066         deemed occupational diseases arising out of work
 1067         performed in the course and scope of employment;
 1068         amending s. 440.192, F.S.; revising conditions under
 1069         which the Office of the Judges of Compensation Claims
 1070         must dismiss petitions for benefits; revising
 1071         requirements for such petitions; revising construction
 1072         relating to dismissals of petitions or portions of
 1073         such petitions; requiring judges of compensation
 1074         claims to enter orders on certain motions to dismiss
 1075         within specified timeframes; amending s. 440.34, F.S.;
 1076         prohibiting the payment of certain consideration by
 1077         carriers or employers, rather than prohibiting such
 1078         payment for claimants, in connection with certain
 1079         proceedings under certain circumstances; requiring
 1080         judges of compensation claims to consider specified
 1081         factors in increasing or decreasing attorney fees;
 1082         specifying a maximum hourly rate for attorney fees;
 1083         revising provisions that prohibit such judges from
 1084         approving certain agreements and that limit attorney
 1085         fees in retainer agreements; providing construction;
 1086         deleting a provision authorizing such judges to
 1087         approve alternative attorney fees under certain
 1088         circumstances; conforming a cross-reference; amending
 1089         s. 624.482, F.S.; conforming a provision to changes
 1090         made by the act; amending s. 627.041, F.S.; redefining
 1091         terms; amending s. 627.0612, F.S.; adding prospective
 1092         loss costs to a list of reviewable matters in certain
 1093         proceedings by appellate courts; amending s. 627.062,
 1094         F.S.; prohibiting loss costs for specified classes of
 1095         insurance from being excessive, inadequate, or
 1096         unfairly discriminatory; amending s. 627.0645, F.S.;
 1097         deleting an annual base rate filing requirement
 1098         exception relating to workers’ compensation and
 1099         employer’s liability insurance for certain rating
 1100         organizations; amending s. 627.072, F.S.; requiring
 1101         certain factors to be used in determining and fixing
 1102         loss costs; deleting a specified methodology that may
 1103         be used by the Office of Insurance Regulation in rate
 1104         determinations; amending s. 627.091, F.S.; defining
 1105         terms; requiring insurers or insurer groups writing
 1106         workers’ compensation and employer’s liability
 1107         insurances to independently and individually file
 1108         their proposed final rates; specifying requirements
 1109         for such filings; deleting a requirement that such
 1110         filings contain certain information; revising
 1111         requirements for supporting information required to be
 1112         furnished to the office under certain circumstances;
 1113         deleting a specified method for insurers to satisfy
 1114         filing obligations; specifying requirements for a
 1115         licensed rating organization that elects to develop
 1116         and file certain reference filings and certain other
 1117         information; authorizing insurers to use supplementary
 1118         rating information approved by the office; revising
 1119         applicability of public meetings and records
 1120         requirements to certain meetings of recognized rating
 1121         organization committees; requiring certain insurer
 1122         groups to file underwriting rules not contained in
 1123         rating manuals; amending s. 627.093, F.S.; revising
 1124         applicability of public meetings and records
 1125         requirements to prospective loss cost filings or
 1126         appeals; amending s. 627.101, F.S.; conforming a
 1127         provision to changes made by the act; amending s.
 1128         627.211, F.S.; deleting provisions relating to
 1129         deviations; requiring that the office’s annual report
 1130         to the Legislature relating to the workers’
 1131         compensation insurance market evaluate insurance
 1132         company solvency; creating s. 627.2151, F.S.; defining
 1133         the term “defense and cost containment expenses” or
 1134         “DCCE”; requiring insurer groups or insurers writing
 1135         workers’ compensation insurance to file specified
 1136         schedules with the office at specified intervals;
 1137         providing construction relating to excessive DCCE;
 1138         requiring the office to order returns of excess
 1139         amounts of DCCE, subject to certain hearing
 1140         requirements; providing requirements for, and an
 1141         exception from, the return of excessive DCCE amounts;
 1142         providing construction; amending s. 627.291, F.S.;
 1143         providing applicability of certain disclosure and
 1144         hearing requirements for rating organizations filing
 1145         prospective loss costs; amending s. 627.318, F.S.;
 1146         providing applicability of certain recordkeeping
 1147         requirements for rating organizations or insurers
 1148         filing or using prospective loss costs, respectively;
 1149         amending s. 627.361, F.S.; providing applicability of
 1150         a prohibition against false or misleading information
 1151         relating to prospective loss costs; amending s.
 1152         627.371, F.S.; providing applicability of certain
 1153         hearing procedures and requirements relating to the
 1154         application, making, or use of prospective loss costs;
 1155         providing appropriations; providing effective dates.