HB 517

1
A bill to be entitled
2An act relating to self-insurance funds; amending s.
3624.4622, F.S.; authorizing local government self-
4insurance funds to insure or self-insure real or personal
5property against loss or damage; amending s. 624.4623,
6F.S.; prohibiting requiring participation of independent
7educational institution self-insurance funds in or
8entitlement to coverage under certain guaranty
9associations; creating s. 624.4624, F.S.; authorizing two
10or more corporations not for profit to form a self-
11insurance fund for certain purposes; providing specific
12requirements; providing a definition; providing
13limitations; providing for application of certain
14provisions to certain premiums, contributions, and
15assessments; providing for payment of insurance premium
16tax at a reduced rate by corporation not for profit self-
17insurance funds; subjecting a corporation not for profit
18self-insurance fund to certain group self-insurance fund
19provisions under certain circumstances; creating s.
20627.443, F.S.; prohibiting rejecting certain workers'
21compensation insurance policies by certain persons on
22certain grounds; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Subsection (1) of section 624.4622, Florida
27Statutes, is amended to read:
28     624.4622  Local government self-insurance funds.--
29     (1)  Any two or more local governmental entities may enter
30into interlocal agreements for the purpose of securing the
31payment of benefits under chapter 440, or insuring or self-
32insuring real or personal property of every kind and every
33interest in such property against loss or damage from any hazard
34or cause and against any loss consequential to such loss or
35damage, provided the local government self-insurance fund that
36is created must:
37     (a)  Have annual normal premiums in excess of $5 million;
38     (b)  Maintain a continuing program of excess insurance
39coverage and reserve evaluation to protect the financial
40stability of the fund in an amount and manner determined by a
41qualified and independent actuary;
42     (c)  Submit annually an audited fiscal year-end financial
43statement by an independent certified public accountant within 6
44months after the end of the fiscal year to the office; and
45     (d)  Have a governing body which is comprised entirely of
46local elected officials.
47     Section 2.  Subsection (3) is added to section 624.4623,
48Florida Statutes, to read:
49     624.4623  Independent Educational Institution Self-
50Insurance Funds.--
51     (3)  An independent educational institution self-insurance
52fund may not be required to participate in, or be entitled to
53coverage under, any guaranty association created pursuant to
54part II or part V of chapter 631.
55     Section 3.  Section 624.4624, Florida Statutes, is created
56to read:
57     624.4624  Corporation not for profit self-insurance
58funds.--
59     (1)  Notwithstanding any other provision of law, any two or
60more corporations not for profit located in and organized under
61the laws of this state may form a self-insurance fund for the
62purpose of pooling and spreading liabilities of its group
63members in any one or combination of property or casualty risk
64or surety insurance or securing the payment of benefits under
65chapter 440, provided the corporation not for profit self-
66insurance fund that is created:
67     (a)  Has annual normal premiums in excess of $5 million.
68     (b)  Requires for qualification that each participating
69member receive at least 75 percent of its revenues from local,
70state, or federal governmental sources or a combination of such
71sources.
72     (c)  Uses a qualified actuary to determine rates using
73accepted actuarial principles and annually submits to the office
74a certification by the actuary that the rates are actuarially
75sound and are not inadequate, as defined in s. 627.062.
76     (d)  Uses a qualified actuary to establish reserves for
77loss and loss adjustment expenses and annually submits to the
78office a certification by the actuary that the loss and loss
79adjustment expense reserves are adequate. If the actuary
80determines that reserves are not adequate, the fund shall file
81with the office a remedial plan for increasing the reserves or
82otherwise addressing the financial condition of the fund,
83subject to a determination by the office that the fund will
84operate on an actuarially sound basis and the fund does not pose
85a significant risk of insolvency.
86     (e)  Maintains a continuing program of excess insurance
87coverage and reserve evaluation to protect the financial
88stability of the fund in an amount and manner determined by a
89qualified actuary. At a minimum, this program must:
90     1.  Purchase excess insurance from authorized insurance
91carriers.
92     2.  Retain a per-loss occurrence that does not exceed
93$350,000.
94     (f)  Submits to the office annually an audited fiscal year-
95end financial statement by an independent certified public
96accountant within 6 months after the end of the fiscal year.
97     (g)  Has a governing body that is comprised entirely of
98officials from corporations not for profit that are members of
99the corporation not for profit self-insurance fund.
100     (h)  Uses knowledgeable persons or business entities to
101administer or service the fund in the areas of claims
102administration, claims adjusting, underwriting, risk management,
103loss control, policy administration, financial audit, and legal
104areas. Such persons must meet all applicable requirements of law
105for state licensure and must have at least 5 years' experience
106with commercial self-insurance funds formed under s. 624.462,
107self-insurance funds formed under s. 624.4622, or domestic
108insurers.
109     (i)  Submits to the office copies of contracts used for its
110members which clearly establish the liability of each member for
111the obligations of the fund.
112     (j)  Annually submits to the office a certification by the
113governing body of the fund that, to the best of its knowledge,
114the requirements of this section are met.
115     (2)  As used in this section, the term "qualified actuary"
116means an actuary that is a member of the Casualty Actuarial
117Society or the American Academy of Actuaries.
118     (3)  A corporation not for profit self-insurance fund that
119meets the requirements of this section is not:
120     (a)  An insurer for purposes of participation in or
121coverage by any insurance guaranty association established by
122chapter 631; or
123     (b)  Subject to s. 624.4621 and is not required to file any
124report with the department under s. 440.38(2)(b) which is
125uniquely required of group self-insurer funds qualified under s.
126624.4621.
127     (4)  Premiums, contributions, and assessments received by a
128corporation not for profit self-insurance fund are subject to
129ss. 624.509(1) and (2) and 624.5092, except that the tax rate
130shall be 1.6 percent of the gross amount of such premiums,
131contributions, and assessments.
132     (5)  If any of the requirements of subsection (1) are not
133met, a corporation not for profit self-insurance fund is subject
134to the requirements of s. 624.4621 if the fund provides only
135workers' compensation coverage or is subject to the requirements
136of ss. 624.460-624.488 if the fund provides coverage for other
137property, casualty, or surety risks.
138     Section 4.  Section 627.443, Florida Statutes, is created
139to read:
140     627.443  Workers' compensation insurance policy
141limitation.--Notwithstanding any other provision in this
142chapter, a workers' compensation insurance policy issued by a
143self-insurance fund that is subject to part V of chapter 631 may
144not be rejected by any person requiring a workers' compensation
145insurance policy pursuant to a construction contract, if such
146rejection is because the self-insurance fund is not rated by a
147nationally-recognized insurance rating service.
148     Section 5.  This act shall take effect July 1, 2006.


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