HB 0517CS

CHAMBER ACTION




1The Insurance Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to corporation not for profit self-
7insurance funds; creating s. 624.4624, F.S.; authorizing
8two or more corporations not for profit to form a self-
9insurance fund for certain purposes; providing specific
10requirements; providing an exception; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 624.4624, Florida Statutes, is created
16to read:
17     624.4624  Corporation not for profit self-insurance
18funds.--
19     (1)  Notwithstanding any other provision of law, any two or
20more corporations not for profit located in and organized under
21the laws of this state may form a self-insurance fund for the
22purpose of pooling and spreading liabilities of its group
23members in any property or casualty risk or surety insurance or
24securing the payment of benefits under chapter 440, provided the
25corporation 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
28member receive at least 75 percent of its revenues from local,
29state, or federal governmental sources.
30     (c)  Uses an actuary credentialed by the Casualty Actuarial
31Society or American Academy of Actuaries to determine rates.
32Rates and rating factors must be established using accepted
33actuarial principles to develop rates that are not excessive,
34inadequate, or discriminatory.
35     (d)  Maintains a continuing program of excess insurance
36coverage and reserve evaluation to protect the financial
37stability of the fund in an amount and manner determined by a
38qualified, independent actuary. At a minimum, this program must:
39     1.  Purchase excess insurance from authorized insurance
40carriers.
41     2.  Retain a maximum per-loss occurrence of 2 percent of
42normal premiums or $350,000, whichever is less.
43     (e)  Submits to the office annually an audited fiscal year-
44end financial statement by an independent certified public
45accountant within 6 months after the end of the fiscal year.
46     (f)  Has a governing body that is comprised entirely of
47corporation not for profit officials.
48     (g)  Uses knowledgeable persons to administer or service
49the fund in claims administration, claims adjusting,
50underwriting, risk management, loss control, policy
51administration, financial audit, and legal areas. Such persons
52must have at least 5 years' experience with commercial self-
53insurance funds formed under s. 624.462, self-insurance funds
54formed under s. 624.4622, or with domestic insurers.
55     (2)  A corporation not for profit self-insurance fund that
56meets the requirements of this section is not subject to s.
57624.4621 and is not required to file any report with the
58department under s. 440.38(2)(b) which is uniquely required of
59group self-insurer funds qualified under s. 624.4621. If any of
60the requirements of this section are not met, the corporation
61not for profit self-insurance fund is subject to the
62requirements of s. 624.4621.
63     Section 2.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.