_h5603__
HB 5603

1
A bill to be entitled
2An act relating to the Department of Financial Services;
3amending s. 17.04, F.S.; authorizing the Division of
4Insurance Fraud and the Office of Fiscal Integrity to
5conduct certain enforcement investigations; amending s.
620.121, F.S.; transferring the Office of Fiscal Integrity
7of the Division of Accounting and Auditing of the
8Department of Financial Services to the department's
9Division of Insurance Fraud; amending ss. 284.01 and
10284.36, F.S.; revising criteria for premiums charged to
11agencies and departments for purposes of the State Risk
12Management Trust Fund; amending s. 284.42, F.S.; revising
13reporting requirements on the state insurance program;
14requiring the Division of Risk Management to analyze and
15report on certain agency return-to-work programs and
16activities; amending s. 284.50, F.S.; requiring certain
17agencies to establish and maintain return-to-work programs
18for certain employees; providing program goals; providing
19construction; requiring the Division of Risk Management to
20evaluate agency risk management programs; requiring
21reports; requiring agencies to respond to the division's
22evaluation and recommendations; requiring the division to
23submit the evaluation report to the legislative
24appropriations committees; amending s. 440.50, F.S.;
25providing for reversion of certain unencumbered and
26undisbursed funds to the Workers' Compensation
27Administration Trust Fund; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Section 17.04, Florida Statutes, is amended to
32read:
33     17.04  To audit and adjust accounts of officers and those
34indebted to the state.-The Chief Financial Officer, using
35generally accepted auditing procedures for testing or sampling,
36shall examine, audit, adjust, and settle the accounts of all the
37officers of this state, and any other person in anywise
38entrusted with, or who may have received any property, funds, or
39moneys of this state, or who may be in anywise indebted or
40accountable to this state for any property, funds, or moneys,
41and require such officer or persons to render full accounts
42thereof, and to yield up such property or funds according to
43law, or pay such moneys into the treasury of this state, or to
44such officer or agent of the state as may be appointed to
45receive the same, and on failure so to do, to cause to be
46instituted and prosecuted proceedings, criminal or civil, at law
47or in equity, against such persons, according to law. The
48Division of Accounting and Auditing and the Office of Fiscal
49Integrity within the Division of Insurance Fraud may conduct
50investigations within or outside of this state as it deems
51necessary to aid in the enforcement of this section. If during
52an investigation either the division or the office has reason to
53believe that any criminal statute of this state has or may have
54been violated, such the division or the office shall refer any
55records tending to show such violation to state or federal law
56enforcement or prosecutorial agencies and shall provide
57investigative assistance to those agencies as required.
58     Section 2.  Paragraphs (a) and (e) of subsection (2) of
59section 20.121, Florida Statutes, are amended to read:
60     20.121  Department of Financial Services.-There is created
61a Department of Financial Services.
62     (2)  DIVISIONS.-The Department of Financial Services shall
63consist of the following divisions:
64     (a)  The Division of Accounting and Auditing, which shall
65include the following bureau and office:
66     1.  the Bureau of Unclaimed Property.
67     2.  The Office of Fiscal Integrity which shall function as
68a criminal justice agency for purposes of ss. 943.045-943.08 and
69shall have a separate budget. The office may conduct
70investigations within or outside this state as the bureau deems
71necessary to aid in the enforcement of this section. If during
72an investigation the office has reason to believe that any
73criminal law of this state has or may have been violated, the
74office shall refer any records tending to show such violation to
75state or federal law enforcement or prosecutorial agencies and
76shall provide investigative assistance to those agencies as
77required.
78     (e)  The Division of Insurance Fraud, which shall include
79the Office of Fiscal Integrity. The office shall function as a
80criminal justice agency for purposes of ss. 943.045-943.08 and
81shall have a separate budget. The office may conduct
82investigations within or outside this state as the division
83deems necessary to aid in the enforcement of this section. If
84during an investigation the office has reason to believe that
85any criminal law of this state has or may have been violated,
86the office shall refer any records tending to show such
87violation to state or federal law enforcement or prosecutorial
88agencies and shall provide investigative assistance to those
89agencies as required.
90     Section 3.  Subsection (5) of section 284.01, Florida
91Statutes, is amended to read:
92     284.01  State Risk Management Trust Fund; coverages to be
93provided.-
94     (5)  Premiums charged to agencies for coverage shall be
95adopted promulgated on a retrospective rating arrangement based
96upon actual losses accruing to the fund and loss prevention
97results, taking into account reasonable expectations,
98maintenance, and stability of the fund and cost of reinsurance.
99     Section 4.  Section 284.36, Florida Statutes, is amended to
100read:
101     284.36  Appropriation deposits; premium payment.-Premiums
102for coverage by the State Risk Management Trust Fund as
103calculated on all coverages shall be billed and charged to each
104state agency according to coverages obtained by the fund for
105their benefit, and such obligations shall be paid promptly by
106each agency from its operating budget upon presentation of a
107bill therefor. After the first year of operation, premiums to be
108charged to all departments of the state are to be computed on a
109retrospective rating arrangement based upon actual losses
110accruing to the fund and loss prevention results, taking into
111account reasonable expectations, the maintenance and stability
112of the fund, and the cost of insurance.
113     Section 5.  Subsection (1) of section 284.42, Florida
114Statutes, is amended to read:
115     284.42  Reports on state insurance program.-
116     (1)(a)  The Department of Financial Services, with the
117Department of Management Services, shall conduct make an
118analysis of the state insurance program each year and submit the
119results on or before January 1 in a report to the Governor, the
120President of the Senate, and the Speaker of the House of
121Representatives annually, which shall include:
122     1.(a)  Complete underwriting information as to the nature
123of the risks accepted for self-insurance and those risks that
124are transferred to the insurance market.
125     2.(b)  The funds allocated to the Florida Casualty Risk
126Management Trust Fund and premiums paid for insurance through
127the market.
128     3.(c)  The method of handling legal matters and the cost
129allocated.
130     4.(d)  The method and cost of handling inspection and
131engineering of risks.
132     5.(e)  The cost of risk management service purchased.
133     6.(f)  The cost of managing the State Insurance Program by
134the Department of Financial Services and the Department of
135Management Services.
136     (b)  Beginning January 1, 2012, the Division of Risk
137Management shall include in its annual report an analysis of
138agency return-to-work efforts, including, but not limited to,
139agency return-to-work program performance metrics and a status
140report on participating return-to-work programs. The report
141shall specify benchmarks, including, but not limited to, the
142average lost-time claims per year, per agency; the total number
143of lost claims; and specific agency measurable outcomes
144indicating the change in performance from year to year.
145     Section 6.  Subsections (4) and (5) are added to section
146284.50, Florida Statutes, to read:
147     284.50  Loss prevention program; safety coordinators;
148Interagency Advisory Council on Loss Prevention; employee
149recognition program.-
150     (4)  All agencies that are provided workers' compensation
151insurance coverage by the State Risk Management Trust Fund that
152employ more than 6,000 full-time employees shall establish and
153maintain return-to-work programs for employees who are receiving
154workers' compensation benefits. Such programs shall have the
155primary goal of enabling injured workers to remain at work or
156return to work to perform job duties within the physical or
157mental functional limitations and restrictions established by
158the workers' treating physicians. If no such limitations or
159restrictions are established in writing by a worker's treating
160physician, the worker shall be deemed to be able to fully
161perform the same work duties he or she performed prior to the
162injury.
163     (5)  The Division of Risk Management shall evaluate each
164agency's risk management programs, including, but not limited
165to, return-to-work, safety, and loss prevention programs, at
166least once every 5 years. Reports, including, but not limited
167to, any recommended corrective action, resulting from such
168evaluations shall be provided to the head of the agency being
169evaluated, the Chief Financial Officer, and the Director of the
170Division of Risk Management. The agency head must provide to the
171Division of Risk Management a response to all report
172recommendations within 45 days and a plan to implement any
173corrective action to be taken as part of the response. If the
174agency disagrees with any final report recommendations,
175including, but not limited to, any recommended corrective
176action, or if the agency fails to implement any recommended
177corrective action within a reasonable time, the division shall
178submit the evaluation report to the legislative appropriations
179committees.
180     Section 7.  Subsection (5) is added to section 440.50,
181Florida Statutes, to read:
182     440.50  Workers' Compensation Administration Trust Fund.-
183     (5)  Funds appropriated by operating appropriation or
184nonoperating transfer from the Workers' Compensation
185Administration Trust Fund to the Department of Education, the
186Agency for Health Care Administration, the Department of
187Business and Professional Regulation, the Department of
188Management Services, the First District Court of Appeal, and the
189Justice Administrative Commission remaining unencumbered as of
190June 30 or undisbursed as of September 30 each year shall revert
191to the Workers' Compensation Administration Trust Fund.
192     Section 8.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.

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