HOUSE AMENDMENT

    hbd-38                              Bill No. HB 2017, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Wiles offered the following:

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13         Amendment 

14         On page 443, line 5, through page 445, line 2,

15  remove:  all of said lines

16

17  and insert:

18         1004.24  State Board of Education authorized to secure

19  liability insurance.--

20         (1)  The State Board of Education is authorized to

21  secure, or otherwise provide as a self-insurer, or by a

22  combination thereof, comprehensive general liability

23  insurance, including professional liability for health care

24  and veterinary sciences, for:

25         (a)  The State Board of Education and its officers and

26  members.

27         (b)  A university board of trustees and its officers

28  and members.

29         (c)  The faculty and other employees and agents of a

30  university board of trustees.

31         (d)  The students of a state university.

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    File original & 9 copies    03/18/02
    hbd0002                     11:55 am         02017-0020-452099




                                                   HOUSE AMENDMENT

    hbd-38                              Bill No. HB 2017, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (e)  A state university or any college, school,

  2  institute, center, or program thereof.

  3         (f)  Any not-for-profit corporation organized pursuant

  4  to chapter 617, and the directors, officers, employees, and

  5  agents thereof, which is affiliated with a state university,

  6  if the corporation is operated for the benefit of the state

  7  university in a manner consistent with the best interests of

  8  the state, and if such participation is approved by a

  9  self-insurance program council, the university president, and

10  the board of trustees.

11         (2)  In the event the State Board of Education adopts a

12  self-insurance program, a governing council chaired by the

13  vice president for health affairs or his or her academic

14  equivalent shall be established to administer the program and

15  its duties and responsibilities, including the administration

16  of self-insurance program assets and expenditure policies,

17  which shall be defined in rules as authorized by this section.

18  The council shall have an annual actuary review performed to

19  establish funding requirements to maintain the fiscal

20  integrity of the self-insurance program. The assets of a

21  self-insurance program shall be deposited outside the State

22  Treasury and shall be administered in accordance with rules as

23  authorized by this section.

24         (3)  Any self-insurance program created under this

25  section shall be funded by the entities and individuals

26  protected by such program. There shall be no funds

27  appropriated to any self-insurance program. The assets of the

28  self-insurance program shall be the property of the State

29  Board of Education and shall be used only to pay the

30  administrative expenses of the self-insurance program and to

31  pay any claim, judgment, or claims bill arising out of

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    File original & 9 copies    03/18/02
    hbd0002                     11:55 am         02017-0020-452099




                                                   HOUSE AMENDMENT

    hbd-38                              Bill No. HB 2017, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  activities for which the self-insurance program was created.

  2  Investment income that is in excess of that income necessary

  3  to ensure the solvency of a self-insurance program as

  4  established by a casualty actuary may be used to defray the

  5  annual contribution paid into the program by the entities and

  6  individuals protected by the program.

  7         (4)  No self-insurance program adopted by the State

  8  Board of Education may sue or be sued. The claims files of any

  9  such program are privileged and confidential, exempt from the

10  provisions of s. 119.07(1), and are only for the use of the

11  program in fulfilling its duties. Any self-insurance trust

12  fund and revenues generated by that fund shall only be used to

13  pay claims and administration expenses.

14         (5)  Each self-insurance program council shall make

15  provision for an annual postaudit of its financial accounts to

16  be conducted by an independent certified public accountant.

17  The annual audit report must include a management letter and

18  shall be submitted to the State Board of Education for review.

19  The State Board of Education shall have the authority to

20  require and receive from the self-insurance program council or

21  from its independent auditor any detail or supplemental data

22  relative to the operation of the self-insurance program.

23         (6)  The State Board of Education is authorized and

24  empowered to make such rules as may be necessary to carry out

25  the provisions of this section.

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    File original & 9 copies    03/18/02
    hbd0002                     11:55 am         02017-0020-452099