1 | The Insurance Committee recommends the following: |
2 |
|
3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to corporation not for profit self- |
7 | insurance funds; creating s. 624.4624, F.S.; authorizing |
8 | two or more corporations not for profit to form a self- |
9 | insurance fund for certain purposes; providing specific |
10 | requirements; providing an exception; providing an |
11 | effective date. |
12 |
|
13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
|
15 | Section 1. Section 624.4624, Florida Statutes, is created |
16 | to read: |
17 | 624.4624 Corporation not for profit self-insurance |
18 | funds.-- |
19 | (1) Notwithstanding any other provision of law, any two or |
20 | more corporations not for profit located in and organized under |
21 | the laws of this state may form a self-insurance fund for the |
22 | purpose of pooling and spreading liabilities of its group |
23 | members in any property or casualty risk or surety insurance or |
24 | securing the payment of benefits under chapter 440, provided the |
25 | corporation not for profit self-insurance fund that is created: |
26 | (a) Has annual normal premiums in excess of $5 million. |
27 | (b) Requires for qualification that each participating |
28 | member receive at least 75 percent of its revenues from local, |
29 | state, or federal governmental sources. |
30 | (c) Uses an actuary credentialed by the Casualty Actuarial |
31 | Society or American Academy of Actuaries to determine rates. |
32 | Rates and rating factors must be established using accepted |
33 | actuarial principles to develop rates that are not excessive, |
34 | inadequate, or discriminatory. |
35 | (d) Maintains a continuing program of excess insurance |
36 | coverage and reserve evaluation to protect the financial |
37 | stability of the fund in an amount and manner determined by a |
38 | qualified, independent actuary. At a minimum, this program must: |
39 | 1. Purchase excess insurance from authorized insurance |
40 | carriers. |
41 | 2. Retain a maximum per-loss occurrence of 2 percent of |
42 | normal premiums or $350,000, whichever is less. |
43 | (e) Submits to the office annually an audited fiscal year- |
44 | end financial statement by an independent certified public |
45 | accountant within 6 months after the end of the fiscal year. |
46 | (f) Has a governing body that is comprised entirely of |
47 | corporation not for profit officials. |
48 | (g) Uses knowledgeable persons to administer or service |
49 | the fund in claims administration, claims adjusting, |
50 | underwriting, risk management, loss control, policy |
51 | administration, financial audit, and legal areas. Such persons |
52 | must have at least 5 years' experience with commercial self- |
53 | insurance funds formed under s. 624.462, self-insurance funds |
54 | formed under s. 624.4622, or with domestic insurers. |
55 | (2) A corporation not for profit self-insurance fund that |
56 | meets the requirements of this section is not subject to s. |
57 | 624.4621 and is not required to file any report with the |
58 | department under s. 440.38(2)(b) which is uniquely required of |
59 | group self-insurer funds qualified under s. 624.4621. If any of |
60 | the requirements of this section are not met, the corporation |
61 | not for profit self-insurance fund is subject to the |
62 | requirements of s. 624.4621. |
63 | Section 2. This act shall take effect July 1, 2006. |