The Florida Senate

624.476  Impaired self-insurance funds.--

(1)  If the assets of a self-insurance fund are at any time insufficient to comply with the requirements of law or to discharge its liabilities, other than any liability on account of funds contributed by the trustees or others, and to meet the required conditions of financial soundness, or if a judgment against the fund has remained unsatisfied for 30 days, its trustees shall forthwith make up the deficiency or levy an assessment upon the members for the amount needed to make up the deficiency, but subject to the limitation set forth in the trust agreement or the policy.

(2)  If any fund levies an assessment pursuant to subsection (1), the department shall require the fund to consent to administrative supervision under part VI of this chapter. The department may waive the requirement to consent to administrative supervision for good cause.

(3)  If the trustees fail to make an assessment as required by subsection (1), the department shall order the trustees to do so. If the deficiency is not sufficiently made up within 60 days after the date of the order, the fund shall be deemed insolvent and grounds shall exist to proceed against the fund as provided for in part I of chapter 631.

(4)  Notwithstanding the requirement of the fund to make an assessment pursuant to subsection (1) or subsection (3), the department may at any time request to be appointed receiver for purposes of rehabilitation or liquidation if it is able to demonstrate that any grounds for rehabilitation or liquidation exist pursuant to s. 631.051 or s. 631.061.

History.--s. 34, ch. 86-160; s. 188, ch. 91-108; s. 4, ch. 91-429; s. 85, ch. 93-415; s. 7, ch. 97-262.