1 | A bill to be entitled |
2 | An act relating to self-insurance funds; amending s. |
3 | 624.4622, F.S.; authorizing local government self- |
4 | insurance funds to insure or self-insure real or personal |
5 | property against loss or damage; amending s. 624.4623, |
6 | F.S.; prohibiting requiring participation of independent |
7 | educational institution self-insurance funds in or |
8 | entitlement to coverage under certain guaranty |
9 | associations; creating s. 624.4624, F.S.; authorizing two |
10 | or more corporations not for profit to form a self- |
11 | insurance fund for certain purposes; providing specific |
12 | requirements; providing a definition; providing |
13 | limitations; providing for application of certain |
14 | provisions to certain premiums, contributions, and |
15 | assessments; providing for payment of insurance premium |
16 | tax at a reduced rate by corporation not for profit self- |
17 | insurance funds; subjecting a corporation not for profit |
18 | self-insurance fund to certain group self-insurance fund |
19 | provisions under certain circumstances; creating s. |
20 | 627.443, F.S.; prohibiting rejecting certain workers' |
21 | compensation insurance policies by certain persons on |
22 | certain grounds; providing an effective date. |
23 |
|
24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
|
26 | Section 1. Subsection (1) of section 624.4622, Florida |
27 | Statutes, is amended to read: |
28 | 624.4622 Local government self-insurance funds.-- |
29 | (1) Any two or more local governmental entities may enter |
30 | into interlocal agreements for the purpose of securing the |
31 | payment of benefits under chapter 440, or insuring or self- |
32 | insuring real or personal property of every kind and every |
33 | interest in such property against loss or damage from any hazard |
34 | or cause and against any loss consequential to such loss or |
35 | damage, provided the local government self-insurance fund that |
36 | is created must: |
37 | (a) Have annual normal premiums in excess of $5 million; |
38 | (b) Maintain a continuing program of excess insurance |
39 | coverage and reserve evaluation to protect the financial |
40 | stability of the fund in an amount and manner determined by a |
41 | qualified and independent actuary; |
42 | (c) Submit annually an audited fiscal year-end financial |
43 | statement by an independent certified public accountant within 6 |
44 | months after the end of the fiscal year to the office; and |
45 | (d) Have a governing body which is comprised entirely of |
46 | local elected officials. |
47 | Section 2. Subsection (3) is added to section 624.4623, |
48 | Florida Statutes, to read: |
49 | 624.4623 Independent Educational Institution Self- |
50 | Insurance Funds.-- |
51 | (3) An independent educational institution self-insurance |
52 | fund may not be required to participate in, or be entitled to |
53 | coverage under, any guaranty association created pursuant to |
54 | part II or part V of chapter 631. |
55 | Section 3. Section 624.4624, Florida Statutes, is created |
56 | to read: |
57 | 624.4624 Corporation not for profit self-insurance |
58 | funds.-- |
59 | (1) Notwithstanding any other provision of law, any two or |
60 | more corporations not for profit located in and organized under |
61 | the laws of this state may form a self-insurance fund for the |
62 | purpose of pooling and spreading liabilities of its group |
63 | members in any one or combination of property or casualty risk |
64 | or surety insurance or securing the payment of benefits under |
65 | chapter 440, provided the corporation not for profit self- |
66 | insurance fund that is created: |
67 | (a) Has annual normal premiums in excess of $5 million. |
68 | (b) Requires for qualification that each participating |
69 | member receive at least 75 percent of its revenues from local, |
70 | state, or federal governmental sources or a combination of such |
71 | sources. |
72 | (c) Uses a qualified actuary to determine rates using |
73 | accepted actuarial principles and annually submits to the office |
74 | a certification by the actuary that the rates are actuarially |
75 | sound and are not inadequate, as defined in s. 627.062. |
76 | (d) Uses a qualified actuary to establish reserves for |
77 | loss and loss adjustment expenses and annually submits to the |
78 | office a certification by the actuary that the loss and loss |
79 | adjustment expense reserves are adequate. If the actuary |
80 | determines that reserves are not adequate, the fund shall file |
81 | with the office a remedial plan for increasing the reserves or |
82 | otherwise addressing the financial condition of the fund, |
83 | subject to a determination by the office that the fund will |
84 | operate on an actuarially sound basis and the fund does not pose |
85 | a significant risk of insolvency. |
86 | (e) Maintains a continuing program of excess insurance |
87 | coverage and reserve evaluation to protect the financial |
88 | stability of the fund in an amount and manner determined by a |
89 | qualified actuary. At a minimum, this program must: |
90 | 1. Purchase excess insurance from authorized insurance |
91 | carriers. |
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- |
95 | end financial statement by an independent certified public |
96 | accountant within 6 months after the end of the fiscal year. |
97 | (g) Has a governing body that is comprised entirely of |
98 | officials from corporations not for profit that are members of |
99 | the corporation not for profit self-insurance fund. |
100 | (h) Uses knowledgeable persons or business entities to |
101 | administer or service the fund in the areas of claims |
102 | administration, claims adjusting, underwriting, risk management, |
103 | loss control, policy administration, financial audit, and legal |
104 | areas. Such persons must meet all applicable requirements of law |
105 | for state licensure and must have at least 5 years' experience |
106 | with commercial self-insurance funds formed under s. 624.462, |
107 | self-insurance funds formed under s. 624.4622, or domestic |
108 | insurers. |
109 | (i) Submits to the office copies of contracts used for its |
110 | members which clearly establish the liability of each member for |
111 | the obligations of the fund. |
112 | (j) Annually submits to the office a certification by the |
113 | governing body of the fund that, to the best of its knowledge, |
114 | the requirements of this section are met. |
115 | (2) As used in this section, the term "qualified actuary" |
116 | means an actuary that is a member of the Casualty Actuarial |
117 | Society or the American Academy of Actuaries. |
118 | (3) A corporation not for profit self-insurance fund that |
119 | meets the requirements of this section is not: |
120 | (a) An insurer for purposes of participation in or |
121 | coverage by any insurance guaranty association established by |
122 | chapter 631; or |
123 | (b) Subject to s. 624.4621 and is not required to file any |
124 | report with the department under s. 440.38(2)(b) which is |
125 | uniquely required of group self-insurer funds qualified under s. |
126 | 624.4621. |
127 | (4) Premiums, contributions, and assessments received by a |
128 | corporation not for profit self-insurance fund are subject to |
129 | ss. 624.509(1) and (2) and 624.5092, except that the tax rate |
130 | shall be 1.6 percent of the gross amount of such premiums, |
131 | contributions, and assessments. |
132 | (5) If any of the requirements of subsection (1) are not |
133 | met, a corporation not for profit self-insurance fund is subject |
134 | to the requirements of s. 624.4621 if the fund provides only |
135 | workers' compensation coverage or is subject to the requirements |
136 | of ss. 624.460-624.488 if the fund provides coverage for other |
137 | property, casualty, or surety risks. |
138 | Section 4. Section 627.443, Florida Statutes, is created |
139 | to read: |
140 | 627.443 Workers' compensation insurance policy |
141 | limitation.--Notwithstanding any other provision in this |
142 | chapter, a workers' compensation insurance policy issued by a |
143 | self-insurance fund that is subject to part V of chapter 631 may |
144 | not be rejected by any person requiring a workers' compensation |
145 | insurance policy pursuant to a construction contract, if such |
146 | rejection is because the self-insurance fund is not rated by a |
147 | nationally-recognized insurance rating service. |
148 | Section 5. This act shall take effect July 1, 2006. |