Bill Text: FL S1512 | 2010 | Regular Session | Comm Sub

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Bill Title: State Risk Management Programs [WPSC]

Sponsorship: Partisan Bill (Republican 2)

Status: (Failed) 2010-04-30 - Died in Committee on Policy & Steering Committee on Ways and Means [S1512 Detail]

Download: Florida-2010-S1512-Comm_Sub.html

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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.