Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. PCS (863198) for CS for SB 1404
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Appropriations (Perry) recommended the
       following:
       
    1         Senate Amendment to Amendment (489504) (with title
    2  amendment)
    3  
    4         Between lines 20 and 21
    5  insert:
    6         Section 2. Section 284.30, Florida Statutes, is amended to
    7  read:
    8         284.30 State Risk Management Trust Fund; coverages to be
    9  provided.—A state self-insurance fund, designated as the “State
   10  Risk Management Trust Fund,” is created to be set up by the
   11  Department of Financial Services and administered with a program
   12  of risk management, which fund is to provide insurance, as
   13  authorized by s. 284.33, for workers’ compensation, general
   14  liability, fleet automotive liability, federal civil rights
   15  actions under 42 U.S.C. s. 1983 or similar federal statutes,
   16  benefits payable under s. 112.1816(2), and court-awarded
   17  attorney attorney’s fees in other proceedings against the state
   18  except for such awards in eminent domain or for inverse
   19  condemnation or for awards by the Public Employees Relations
   20  Commission. A party to a suit in any court, to be entitled to
   21  have his or her attorney attorney’s fees paid by the state or
   22  any of its agencies, must serve a copy of the pleading claiming
   23  the fees on the Department of Financial Services; and thereafter
   24  the department shall be entitled to participate with the agency
   25  in the defense of the suit and any appeal thereof with respect
   26  to such fees.
   27         Section 3. Section 284.31, Florida Statutes, is amended to
   28  read:
   29         284.31 Scope and types of coverages; separate accounts.—The
   30  Insurance Risk Management Trust Fund shall, unless specifically
   31  excluded by the Department of Financial Services, cover all
   32  departments of the State of Florida and their employees, agents,
   33  and volunteers and shall provide separate accounts for workers’
   34  compensation, general liability, fleet automotive liability,
   35  federal civil rights actions under 42 U.S.C. s. 1983 or similar
   36  federal statutes, benefits payable under s. 112.1816(2), and
   37  court-awarded attorney attorney’s fees in other proceedings
   38  against the state except for such awards in eminent domain or
   39  for inverse condemnation or for awards by the Public Employees
   40  Relations Commission. Unless specifically excluded by the
   41  Department of Financial Services, the Insurance Risk Management
   42  Trust Fund shall provide fleet automotive liability coverage to
   43  motor vehicles titled to the state, or to any department of the
   44  state, when such motor vehicles are used by community
   45  transportation coordinators performing, under contract to the
   46  appropriate department of the state, services for the
   47  transportation disadvantaged under part I of chapter 427. Such
   48  fleet automotive liability coverage shall be primary and shall
   49  be subject to the provisions of s. 768.28 and parts II and III
   50  of chapter 284, and applicable rules adopted thereunder, and the
   51  terms and conditions of the certificate of coverage issued by
   52  the Department of Financial Services.
   53         Section 4. Section 284.385, Florida Statutes, is amended to
   54  read:
   55         284.385 Reporting and handling of claims.—
   56         (1) All departments covered by the State Risk Management
   57  Trust Fund under this part shall immediately report all known or
   58  potential claims to the Department of Financial Services for
   59  handling, except employment complaints which have not been filed
   60  with the Florida Human Relations Commission, Equal Employment
   61  Opportunity Commission, or any similar agency. When deemed
   62  necessary, the Department of Financial Services shall assign or
   63  reassign the claim to counsel. The assigned counsel shall report
   64  regularly to the Department of Financial Services or to the
   65  covered department on the status of any such claims or
   66  litigation as required by the Department of Financial Services.
   67  No such claim shall be compromised or settled for monetary
   68  compensation without the prior approval of the Department of
   69  Financial Services and prior notification to the covered
   70  department. All departments shall cooperate with the Department
   71  of Financial Services in its handling of claims. The Department
   72  of Financial Services and the Department of Management Services,
   73  with the cooperation of the state attorneys and the clerks of
   74  the courts, shall develop a system to coordinate the exchange of
   75  information concerning claims for and against the state, its
   76  agencies, and its subdivisions, to assist in collection of
   77  amounts due to them. The covered department shall have the
   78  responsibility for the settlement of any claim for injunctive or
   79  affirmative relief under 42 U.S.C. s. 1983 or similar federal or
   80  state statutes. The payment of a settlement or judgment for any
   81  claim covered and reported under this part shall be made only
   82  from the State Risk Management Trust Fund.
   83         (2)Benefits provided under s. 112.1816(2) may not be paid
   84  from the fund until each request for any out-of-pocket
   85  deductible, copayment, or coinsurance costs and one-time cash
   86  payout has been validated and approved by the Department of
   87  Management Services.
   88  
   89  ================= T I T L E  A M E N D M E N T ================
   90  And the title is amended as follows:
   91         Delete line 1032
   92  and insert:
   93         Division of Public Assistance Fraud; amending s.
   94         284.30, F.S.; requiring the State Risk Management
   95         Trust Fund to provide insurance for certain
   96         firefighter cancer-related benefits; amending s.
   97         284.31, F.S.; requiring the Insurance Risk Management
   98         Trust Fund to provide a separate account for certain
   99         firefighter cancer-related benefits; amending s.
  100         284.385, F.S.; specifying a condition that must be met
  101         before such benefits may be paid from the State Risk
  102         Management Trust Fund; creating s.