Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 1361, 1st Eng.
                        Barcode 282914
                            CHAMBER ACTION
              Senate                               House
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                                   .         05/05/2006 22:20:11
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 3         Floor: 6/AD/3R          .                    
       05/05/2006 04:37 PM         .                    
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11  Senator Garcia moved the following substitute for amendment
12  (335858):
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14         Senate Amendment (with title amendment) 
15         Between lines 187 and 188
16  
17  insert:  
18         Section 8.  Subsection (1) of section 624.4622, Florida
20         624.4622  Local government self-insurance funds.--
21         (1)  Any two or more local governmental entities may
22  enter into interlocal agreements for the purpose of securing
23  the payment of benefits under chapter 440, or insuring or
24  self-insuring real or personal property of every kind and
25  every interest in such property against loss or damage from
26  any hazard or cause and against any loss consequential to such
27  loss or damage, provided the local government self-insurance
28  fund that is created must:
29         (a)  Have annual normal premiums in excess of $5
30  million;
31         (b)  Maintain a continuing program of excess insurance
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 282914 1 coverage and reserve evaluation to protect the financial 2 stability of the fund in an amount and manner determined by a 3 qualified and independent actuary; 4 (c) Submit annually an audited fiscal year-end 5 financial statement by an independent certified public 6 accountant within 6 months after the end of the fiscal year to 7 the office; and 8 (d) Have a governing body which is comprised entirely 9 of local elected officials. 10 Section 9. Subsection (3) is added to section 11 624.4623, Florida Statutes, to read: 12 624.4623 Independent Educational Institution 13 Self-Insurance Funds.-- 14 (3) An independent educational institution 15 self-insurance fund may not be required to participate in, or 16 be entitled to coverage under, any guaranty association 17 created pursuant to part II or part V of chapter 631. 18 Section 10. Section 624.4624, Florida Statutes, is 19 created to read: 20 624.4624 Corporation not for profit self-insurance 21 funds.-- 22 (1) Notwithstanding any other provision of law, any 23 two or more corporations not for profit located in and 24 organized under the laws of this state may form a 25 self-insurance fund for the purpose of pooling and spreading 26 liabilities of its group members in any one or combination of 27 property or casualty risk or surety insurance or securing the 28 payment of benefits under chapter 440, provided the 29 corporation not for profit self-insurance fund that is 30 created: 31 (a) Has annual normal premiums in excess of $5 2 11:08 AM 05/03/06 h136103e1c-40-b02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 282914 1 million. 2 (b) Requires for qualification that each participating 3 member receive at least 75 percent of its revenues from local, 4 state, or federal governmental sources or a combination of 5 such sources. 6 (c) Uses a qualified actuary to determine rates using 7 accepted actuarial principles and annually submits to the 8 office a certification by the actuary that the rates are 9 actuarially sound and are not inadequate, as defined in s. 10 627.062. 11 (d) Uses a qualified actuary to establish reserves for 12 loss and loss adjustment expenses and annually submits to the 13 office a certification by the actuary that the loss and loss 14 adjustment expense reserves are adequate. If the actuary 15 determines that reserves are not adequate, the fund shall file 16 with the office a remedial plan for increasing the reserves or 17 otherwise addressing the financial condition of the fund, 18 subject to a determination by the office that the fund will 19 operate on an actuarially sound basis and the fund does not 20 pose a significant risk of insolvency. 21 (e) Maintains a continuing program of excess insurance 22 coverage and reserve evaluation to protect the financial 23 stability of the fund in an amount and manner determined by a 24 qualified actuary. At a minimum, this program must: 25 1. Purchase excess insurance from authorized insurance 26 carriers. 27 2. Retain a per-loss occurrence that does not exceed 28 $350,000. 29 (f) Submits to the office annually an audited fiscal 30 year-end financial statement by an independent certified 31 public accountant within 6 months after the end of the fiscal 3 11:08 AM 05/03/06 h136103e1c-40-b02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 282914 1 year. 2 (g) Has a governing body that is comprised entirely of 3 officials from corporations not for profit that are members of 4 the corporation not for profit self-insurance fund. 5 (h) Uses knowledgeable persons or business entities to 6 administer or service the fund in the areas of claims 7 administration, claims adjusting, underwriting, risk 8 management, loss control, policy administration, financial 9 audit, and legal areas. Such persons must meet all applicable 10 requirements of law for state licensure and must have at least 11 5 years' experience with commercial self-insurance funds 12 formed under s. 624.462, self-insurance funds formed under s. 13 624.4622, or domestic insurers. 14 (i) Submits to the office copies of contracts used for 15 its members which clearly establish the liability of each 16 member for the obligations of the fund. 17 (j) Annually submits to the office a certification by 18 the governing body of the fund that, to the best of its 19 knowledge, the requirements of this section are met. 20 (2) As used in this section, the term "qualified 21 actuary" means an actuary that is a member of the Casualty 22 Actuarial Society or the American Academy of Actuaries. 23 (3) A corporation not for profit self-insurance fund 24 that meets the requirements of this section is not: 25 (a) An insurer for purposes of participation in or 26 coverage by any insurance guaranty association established by 27 chapter 631; or 28 (b) Subject to s. 624.4621 and is not required to file 29 any report with the department under s. 440.38(2)(b) which is 30 uniquely required of group self-insurer funds qualified under 31 s. 624.4621. 4 11:08 AM 05/03/06 h136103e1c-40-b02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 282914 1 (4) Premiums, contributions, and assessments received 2 by a corporation not for profit self-insurance fund are 3 subject to ss. 624.509(1) and (2) and 624.5092, except that 4 the tax rate shall be 1.6 percent of the gross amount of such 5 premiums, contributions, and assessments. 6 (5) If any of the requirements of subsection (1) are 7 not met, a corporation not for profit self-insurance fund is 8 subject to the requirements of s. 624.4621 if the fund 9 provides only workers' compensation coverage or is subject to 10 the requirements of ss. 624.460-624.488 if the fund provides 11 coverage for other property, casualty, or surety risks. 12 Section 11. Section 627.443, Florida Statutes, is 13 created to read: 14 627.443 Workers' compensation insurance policy 15 limitation.--Notwithstanding any other provision in this 16 chapter, a workers' compensation insurance policy issued by a 17 self-insurance fund that is subject to part V of chapter 631 18 may not be rejected by any person requiring a workers' 19 compensation insurance policy pursuant to a construction 20 contract, if such rejection is because the self-insurance fund 21 is not rated by a nationally-recognized insurance rating 22 service. 23 24 (Redesignate subsequent sections.) 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 On line 21, following the semicolon, 30 31 insert: 5 11:08 AM 05/03/06 h136103e1c-40-b02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 282914 1 amending s. 624.4622, F.S.; authorizing local 2 government self-insurance funds to insure or 3 self-insure real or personal property against 4 loss or damage; amending s. 624.4623, F.S.; 5 prohibiting requiring participation of 6 independent educational institution 7 self-insurance funds in or entitlement to 8 coverage under certain guaranty associations; 9 creating s. 624.4624, F.S.; authorizing two or 10 more corporations not for profit to form a 11 self-insurance fund for certain purposes; 12 providing specific requirements; providing a 13 definition; providing limitations; providing 14 for application of certain provisions to 15 certain premiums, contributions, and 16 assessments; providing for payment of insurance 17 premium tax at a reduced rate by corporation 18 not for profit self-insurance funds; subjecting 19 a corporation not for profit self-insurance 20 fund to certain group self-insurance fund 21 provisions under certain circumstances; 22 creating s. 627.443, F.S.; prohibiting 23 rejecting certain workers' compensation 24 insurance policies by certain persons on 25 certain grounds; 26 27 28 29 30 31 6 11:08 AM 05/03/06 h136103e1c-40-b02