November 29, 2020
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       Florida Senate - 2010                             CS for SB 1512
       
       
       
       By the Committee on General Government Appropriations; and
       Senator Baker
       
       
       
       601-03206-10                                          20101512c1
    1                        A bill to be entitled                      
    2         An act relating to state risk management programs;
    3         amending s. 284.01, F.S.; requiring that certain
    4         premiums charged to state agencies for coverage by the
    5         State Risk Management Trust Fund use a retrospective
    6         rating arrangement based upon actual losses accruing
    7         to the fund and loss prevention results; amending s.
    8         284.36, F.S.; requiring that premiums charged to all
    9         departments of the state be computed on a
   10         retrospective rating arrangement based on such
   11         factors; amending s. 284.50, F.S.; requiring that all
   12         agencies that are provided workers’ compensation
   13         insurance coverage by the fund and that employ more
   14         than a specified minimum number of full-time employees
   15         establish and maintain return-to-work programs for
   16         employees receiving workers’ compensation benefits;
   17         providing goals for such programs; specifying
   18         conditions under which a worker shall be deemed able
   19         to fully perform the same work duties as performed
   20         before sustaining the injury for which benefits are
   21         sought; requiring that the Division of Risk Management
   22         of the Department of Financial Services evaluate each
   23         agency’s risk management programs at specified
   24         intervals; requiring that the division provide reports
   25         of such evaluations to the head of the agency being
   26         evaluated, the Chief Financial Officer, and the
   27         director of the Division of Risk Management; requiring
   28         that the agency head provide a response to such report
   29         within a specified period after receiving the findings
   30         of the report; requiring that the division submit the
   31         evaluation report to the chairs of the appropriation
   32         committees of the Senate and the House of
   33         Representatives under certain circumstances; requiring
   34         that the division include specified information in its
   35         report beginning in a specified year; providing an
   36         effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (5) of section 284.01, Florida
   41  Statutes, is amended to read:
   42         284.01 State Risk Management Trust Fund; coverages to be
   43  provided.—
   44         (5) Premiums charged to agencies for coverage shall be
   45  promulgated on a retrospective rating arrangement based upon
   46  actual losses accruing to the fund and loss prevention results,
   47  taking into account reasonable expectations, maintenance, and
   48  stability of the fund and cost of reinsurance.
   49         Section 2. Section 284.36, Florida Statutes, is amended to
   50  read:
   51         284.36 Appropriation deposits; premium payment.—Premiums
   52  for coverage by the State Risk Management Trust Fund as
   53  calculated on all coverages shall be billed and charged to each
   54  state agency according to coverages obtained by the fund for
   55  their benefit, and such obligations shall be paid promptly by
   56  each agency from its operating budget upon presentation of a
   57  bill therefor. After the first year of operation, premiums to be
   58  charged to all departments of the state are to be computed on a
   59  retrospective rating arrangement based upon actual losses
   60  accruing to the fund and loss prevention results, taking into
   61  account reasonable expectations, the maintenance and stability
   62  of the fund, and the cost of insurance.
   63         Section 3. Section 284.50, Florida Statutes, is amended to
   64  read:
   65         284.50 Loss prevention program; safety coordinators;
   66  Interagency Advisory Council on Loss Prevention; employee
   67  recognition program; return-to-work program.—
   68         (1) The head of each department of state government, except
   69  the Legislature, shall designate a safety coordinator. Such
   70  safety coordinator must be an employee of the department and
   71  must hold a position that which has responsibilities comparable
   72  to those of an employee in the Senior Management System. The
   73  Department of Financial Services shall provide appropriate
   74  training to the safety coordinators to permit them to
   75  effectively perform their duties within their respective
   76  departments. Each safety coordinator shall, at the direction of
   77  his or her department head:
   78         (a) Develop and implement the loss prevention program, a
   79  comprehensive departmental safety program which shall include a
   80  statement of safety policy and responsibility.
   81         (b) Provide for regular and periodic facility and equipment
   82  inspections.
   83         (c) Investigate job-related employee accidents of his or
   84  her department.
   85         (d) Establish a program to promote increased safety
   86  awareness among employees.
   87         (2) There shall be an Interagency Advisory Council on Loss
   88  Prevention composed of the safety coordinators from each
   89  department and representatives designated by the Division of
   90  State Fire Marshal and the Division of Risk Management. The
   91  chair of the council shall be the Director of the Division of
   92  Risk Management or his or her designee. The council shall meet
   93  at least quarterly to discuss safety problems within state
   94  government, to attempt to find solutions for these problems,
   95  and, when possible, to assist in the implementation of the
   96  solutions. If the safety coordinator of a department or office
   97  is unable to attend a council meeting, an alternate, selected by
   98  the department head or his or her designee, shall attend the
   99  meeting to represent and provide input for that department or
  100  office on the council. The council is further authorized to
  101  provide for the recognition of employees, agents, and volunteers
  102  who make exceptional contributions to the reduction and control
  103  of employment-related accidents. The necessary expenses for the
  104  administration of this program of recognition shall be
  105  considered an authorized administrative expense payable from the
  106  State Risk Management Trust Fund.
  107         (3) The council and each department head shall report
  108  annually to the Governor by January 15 preceding any regular
  109  legislative session any actions taken to prevent job-related
  110  employee accidents, together with suggestions of safeguards and
  111  improvements.
  112         (4) All agencies that are provided workers’ compensation
  113  insurance coverage by the fund and that employ more than 2,500
  114  full-time employees shall establish and maintain return-to-work
  115  programs for employees receiving workers’ compensation benefits.
  116  Such programs shall have the primary goal of enabling injured
  117  workers to remain at work or return to work to perform job
  118  duties within the physical or mental functional limitations and
  119  restrictions established by the worker’s treating physician. If
  120  no such limitations or restrictions are established in writing
  121  by a treating physician, the worker shall be deemed able to
  122  fully perform the same work duties as performed before
  123  sustaining the injury.
  124         (5) The Division of Risk Management shall evaluate each
  125  agency’s risk management programs, including, but not limited
  126  to, return-to-work, safety, and loss prevention programs at
  127  least once every 5 years. Reports resulting from these
  128  evaluations, including any recommended corrective action, shall
  129  be provided to the head of the agency being evaluated, the Chief
  130  Financial Officer, and the director of the Division of Risk
  131  Management. The agency head must provide to the division a
  132  response to all report recommendations within 45 days after
  133  receiving such recommendations, and must provide a plan to
  134  implement any corrective actions to be taken as part of the
  135  response. If the agency disagrees with any recommendations in a
  136  final report, including any recommended corrective action, or if
  137  the agency fails to implement any recommended corrective action
  138  within a reasonable period after receiving such recommendation,
  139  the division shall submit the evaluation report to the chairs of
  140  the appropriation committees of the Senate and the House of
  141  Representatives. Beginning in 2012, the division shall include
  142  in its annual report an analysis of agency return-to-work
  143  efforts, including agency return-to-work program performance
  144  metrics and a status report on participating agency return-to
  145  work programs.
  146         Section 4. This act shall take effect July 1, 2010.

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