The Florida Senate

240.213  Board authorized to secure liability insurance.--

(1)  The Board of Regents is authorized to secure, or otherwise provide as a self-insurer, or by a combination thereof, comprehensive general liability insurance, including professional liability for health care and veterinary sciences, for:

(a)  The board.

(b)  The students and faculty of any university within the State University System.

(c)  The officers, employees, or agents of the board.

(d)  The professional practitioners practicing a profession within, or by virtue of employment by, any university in the State University System.

(e)  Any of the universities in the State University System or subdivisions thereof.

(f)  Any not-for-profit corporation organized pursuant to chapter 617, and the directors, officers, employees, and agents thereof, which is affiliated with a university in the State University System, if the corporation is operated for the benefit of a state university in a manner consistent with the best interests of the state, and if such participation is approved by the appropriate insurance trust fund council, university president, and the Board of Regents.

The Board of Regents is authorized to delegate to the universities, as appropriate, the authority to secure any liability insurance for the above.

(2)  In the event the Board of Regents adopts a self-insurance program, the necessary trust funds in the State Treasury may be established pursuant to law. Provided that the annual actuarial report to the self-insurance trust fund council is provided each year to the Auditor General within 60 days after acceptance by the council, the assets of a self-insurance program may be deposited outside the State Treasury, at the option of the Board of Regents, in accounts established pursuant to law for that purpose. Self-insurance program trust funds shall be administered in accordance with rules established by the Board of Regents.

(3)  There shall be no funds appropriated directly to any insurance trust fund. The Board of Regents is authorized to accept any payments, receipts, gifts, or donations made for the purposes of this section and deposit such funds in the appropriate insurance trust fund.

(4)  No self-insurance program adopted by the Board of Regents may sue or be sued. The Board of Regents shall pay, out of the assets of a trust fund established pursuant to this section, any claim or judgment for which the self-insurance trust funds were created and which is rendered against the board. The claims files of any such program are privileged and confidential, exempt from the provisions of s. 119.07(1), and are only for the use of the program in fulfilling its duties. Any self-insurance trust fund and revenues generated by that fund shall only be used to pay claims and administration expenses.

(5)  The Board of Regents is authorized and empowered to make such rules as may be necessary to carry out the provisions of this section, including the delegation of authority, other than rulemaking authority, to appropriate levels of administration within the State University System.

History.--s. 2, ch. 63-204; s. 1, ch. 71-270; s. 1, ch. 77-309; s. 113, ch. 79-190; s. 8, ch. 79-222; s. 111, ch. 79-400; s. 17, ch. 81-169; s. 2, ch. 87-121; s. 2, ch. 87-134; s. 18, ch. 89-367; s. 71, ch. 90-360; s. 23, ch. 92-321; s. 5, ch. 93-159; s. 92, ch. 96-406.

Note.--Former s. 240.191.