The Florida Senate

624.468  Continuing requirements for certificate of authority.--After issuance of its initial certificate of authority a commercial self-insurance fund shall thereafter meet the following requirements as a condition of maintaining its certificate of authority:

(1)  Maintenance of competent and trustworthy persons to service the program, as further specified in s. 624.466(7). Written notice shall be provided to the department before changing the fund's method of fulfilling its servicing requirements.

(2)  Maintenance of a risk management program as further specified in s. 624.466(6).

(3)  Maintenance of a deposit of cash or securities in the amount of $100,000, or a surety bond in lieu thereof, as further specified in s. 624.466(9).

(4)  Maintenance of excess insurance in accordance with sound actuarial principles, unless waived by the department, as further specified in s. 624.466(10).

(5)  Maintenance of a fidelity bond, as further specified in s. 624.466(11).

(6)  Maintenance of appropriate funded loss reserves determined in accordance with sound actuarial principles satisfactory to the department.

(7)  Any self-insurance fund which holds a certificate of authority on or after January 1, 1998, shall maintain surplus to policyholders in a positive amount.

(8)  Each fund shall have and maintain its principal place of business in this state and shall therein make available to the department upon reasonable notice complete records of its assets, transactions, and affairs in accordance with such methods and systems as are customary for, or suitable to, the kind or kinds of business transacted.

(9)  A fund shall file such reports with the department as are required by s. 624.470.

(10)  A fund shall report to the department within 15 days of a determination that the actual premiums written or liability assumed or any other factor which substantially contributes to the financial condition of the plan deviates by more than 25 percent from the projections used in the most recent annual report, as required by s. 624.470 or, if the first annual report has not yet been filed, projections used in the initial plan of operation.

(11)  Payment of the annual license tax provided for in s. 624.501(3).

(12)  A fund shall maintain records which will confirm that membership in the fund is in accordance with the constitution or bylaws of the association as required by s. 624.462(3). The department may request from the fund, not more than annually, a certification which confirms that all members of the fund are members of the association and are in compliance with the constitution or bylaws of the association and may require that the fund submit a plan, acceptable to the department, to eliminate membership that does not comply with s. 624.462(3).

History.--s. 29, ch. 86-160; s. 15, ch. 90-249; s. 5, ch. 90-366; s. 188, ch. 91-108; s. 4, ch. 91-429; s. 12, ch. 95-211; s. 5, ch. 97-262.