((LATE FILED FOR: 4/29/2008 8:30:00 AM))Amendment
Bill No. CS/CS/SB 2012
Amendment No. 916039
CHAMBER ACTION
Senate House
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1Representative Schwartz offered the following:
2
3     Amendment (with title amendment)
4     Between lines 20-21 and insert:
5     Section 1.  Section 624.46226, Florida Statutes, is amended
6to read:
7     624.46226  Public housing authorities self-insurance funds;
8exemption for taxation and assessments.--
9     (1)  Notwithstanding any other provision of law, any two or
10more public housing authorities in the state as defined in
11chapter 421 may form also create a self-insurance fund for the
12purpose of pooling and spreading liabilities of its members as
13to any one or combination of casualty risk or self-insuring real
14or personal property risk of every kind and every interest in
15such property against loss or damage from any hazard or cause
16and against any loss consequential to such loss or damage,
17provided the self-insurance fund that is created: all the
18provisions of s. 624.4622 are met.
19     (a)  Has annual normal premiums in excess of $5 million.
20     (b)  Uses a qualified actuary to determine rates using
21accepted actuarial principles and annually submits to the office
22a certification by the actuary that the rates are actuarially
23sound and are not inadequate, as defined in s. 627.062.
24     (c)  Uses a qualified actuary to establish reserves for
25loss and loss adjustment expenses and annually submits to the
26office a certification by the actuary that the loss and loss
27adjustment expense reserves are adequate. If the actuary
28determines that reserves are not adequate, the fund shall file
29with the office a remedial plan for increasing the reserves or
30otherwise addressing the financial condition of the fund,
31subject to a determination by the office that the fund will
32operate on an actuarially sound basis and the fund does not pose
33a significant risk of insolvency.
34     (d)  Maintains a continuing program of excess insurance
35coverage and reserve evaluation to protect the financial
36stability of the fund in an amount and manner determined by a
37qualified and independent actuary. At a minimum, this program
38must:
39     1.  Purchase excess insurance from authorized insurance
40carriers or eligible surplus lines insurers.
41     2.  Retain a per-loss occurrence that does not exceed
42$350,000.
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 which is comprised entirely of
47commissioners of public housing authorities that are members of
48the public housing authority self-insurance fund or persons
49appointed by the commissioners of public housing authorities
50that are members of the public housing authority self-insurance
51fund.
52     (g)  Uses knowledgeable persons or business entities to
53administer or service the fund in the areas of claims
54administration, claims adjusting, underwriting, risk management,
55loss control, policy administration, financial audit, and legal
56areas. Such persons must meet all applicable requirements of law
57for state licensure and must have at least 5 years' experience
58with commercial self-insurance funds formed under s. 624.462,
59self-insurance funds formed under s. 624.4622, or domestic
60insurers.
61     (h)  Submits to the office copies of contracts used for its
62members that clearly establish the liability of each member for
63the obligations of the fund.
64     (i)  Annually submits to the office a certification by the
65governing body of the fund that, to the best of its knowledge,
66the requirements of this section are met.
67     (2)  As used in this section, the term "qualified actuary"
68means an actuary that is a member of the Casualty Actuarial
69Society or the American Academy of Actuaries.
70     (3)  A public housing authority's self-insurance fund that
71meets the requirements of this section is not:
72     (a)  An insurer for purposes of participation in or
73coverage by any insurance guaranty association established by
74chapter 631; or
75     (b)  Subject to s. 624.4621 and is not required to file any
76report with the department under s. 440.38(2)(b) that is
77uniquely required of group self-insurer funds qualified under s.
78624.4621.
79     (4)  Premiums, contributions, and assessments received by a
80public housing authority's self-insurance fund are subject to
81ss. 624.509(1) and (2) and 624.5092, except that the tax rate
82shall be 1.6 percent of the gross amount of such premiums,
83contributions, and assessments.
84     (5)  If any of the requirements of subsection (1) are not
85met, a public housing authority's self-insurance fund is subject
86to the requirements of s. 624.4621 if the fund provides only
87workers' compensation coverage or is subject to the requirements
88of ss. 624.460-624.488 if the fund provides coverage for other
89property, casualty, or surety risks.
90     (6)(2)  Any public housing authority in the state as
91defined in chapter 421 that is a member of a self-insurance fund
92pursuant to this section shall be exempt from the assessments
93imposed under ss. 215.555, 627.351 and 631.57.
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T I T L E  A M E N D M E N T
100     Remove line 2 and insert:
101An act relating to insurance; amending s. 624.46226, F.S.;
102revising provisions authorizing public housing authorities to
103form self-insurance funds; specifying requirements; providing a
104definition; providing construction relating to self-insurance
105funds; providing for application of certain provisions of law to
106premiums, contributions, and assessments of public authority's
107self-insurance funds; specifying an alternative tax rate;
108providing for application of certain provisions of law to public
109authority's self-insurance funds not meeting certain
110requirements; amending s.
111


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