1 | Representative Schwartz offered the following: |
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3 | Amendment (with title amendment) |
4 | Between lines 20-21 and insert: |
5 | Section 1. Section 624.46226, Florida Statutes, is amended |
6 | to read: |
7 | 624.46226 Public housing authorities self-insurance funds; |
8 | exemption for taxation and assessments.-- |
9 | (1) Notwithstanding any other provision of law, any two or |
10 | more public housing authorities in the state as defined in |
11 | chapter 421 may form also create a self-insurance fund for the |
12 | purpose of pooling and spreading liabilities of its members as |
13 | to any one or combination of casualty risk or self-insuring real |
14 | or personal property risk of every kind and every interest in |
15 | such property against loss or damage from any hazard or cause |
16 | and against any loss consequential to such loss or damage, |
17 | provided the self-insurance fund that is created: all the |
18 | provisions 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 |
21 | accepted actuarial principles and annually submits to the office |
22 | a certification by the actuary that the rates are actuarially |
23 | sound and are not inadequate, as defined in s. 627.062. |
24 | (c) Uses a qualified actuary to establish reserves for |
25 | loss and loss adjustment expenses and annually submits to the |
26 | office a certification by the actuary that the loss and loss |
27 | adjustment expense reserves are adequate. If the actuary |
28 | determines that reserves are not adequate, the fund shall file |
29 | with the office a remedial plan for increasing the reserves or |
30 | otherwise addressing the financial condition of the fund, |
31 | subject to a determination by the office that the fund will |
32 | operate on an actuarially sound basis and the fund does not pose |
33 | a significant risk of insolvency. |
34 | (d) Maintains a continuing program of excess insurance |
35 | coverage and reserve evaluation to protect the financial |
36 | stability of the fund in an amount and manner determined by a |
37 | qualified and independent actuary. At a minimum, this program |
38 | must: |
39 | 1. Purchase excess insurance from authorized insurance |
40 | carriers 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- |
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 which is comprised entirely of |
47 | commissioners of public housing authorities that are members of |
48 | the public housing authority self-insurance fund or persons |
49 | appointed by the commissioners of public housing authorities |
50 | that are members of the public housing authority self-insurance |
51 | fund. |
52 | (g) Uses knowledgeable persons or business entities to |
53 | administer or service the fund in the areas of claims |
54 | administration, claims adjusting, underwriting, risk management, |
55 | loss control, policy administration, financial audit, and legal |
56 | areas. Such persons must meet all applicable requirements of law |
57 | for state licensure and must have at least 5 years' experience |
58 | with commercial self-insurance funds formed under s. 624.462, |
59 | self-insurance funds formed under s. 624.4622, or domestic |
60 | insurers. |
61 | (h) Submits to the office copies of contracts used for its |
62 | members that clearly establish the liability of each member for |
63 | the obligations of the fund. |
64 | (i) Annually submits to the office a certification by the |
65 | governing body of the fund that, to the best of its knowledge, |
66 | the requirements of this section are met. |
67 | (2) As used in this section, the term "qualified actuary" |
68 | means an actuary that is a member of the Casualty Actuarial |
69 | Society or the American Academy of Actuaries. |
70 | (3) A public housing authority's self-insurance fund that |
71 | meets the requirements of this section is not: |
72 | (a) An insurer for purposes of participation in or |
73 | coverage by any insurance guaranty association established by |
74 | chapter 631; or |
75 | (b) Subject to s. 624.4621 and is not required to file any |
76 | report with the department under s. 440.38(2)(b) that is |
77 | uniquely required of group self-insurer funds qualified under s. |
78 | 624.4621. |
79 | (4) Premiums, contributions, and assessments received by a |
80 | public housing authority's self-insurance fund are subject to |
81 | ss. 624.509(1) and (2) and 624.5092, except that the tax rate |
82 | shall be 1.6 percent of the gross amount of such premiums, |
83 | contributions, and assessments. |
84 | (5) If any of the requirements of subsection (1) are not |
85 | met, a public housing authority's self-insurance fund is subject |
86 | to the requirements of s. 624.4621 if the fund provides only |
87 | workers' compensation coverage or is subject to the requirements |
88 | of ss. 624.460-624.488 if the fund provides coverage for other |
89 | property, casualty, or surety risks. |
90 | (6)(2) Any public housing authority in the state as |
91 | defined in chapter 421 that is a member of a self-insurance fund |
92 | pursuant to this section shall be exempt from the assessments |
93 | imposed under ss. 215.555, 627.351 and 631.57. |
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98 | ----------------------------------------------------- |
99 | T I T L E A M E N D M E N T |
100 | Remove line 2 and insert: |
101 | An act relating to insurance; amending s. 624.46226, F.S.; |
102 | revising provisions authorizing public housing authorities to |
103 | form self-insurance funds; specifying requirements; providing a |
104 | definition; providing construction relating to self-insurance |
105 | funds; providing for application of certain provisions of law to |
106 | premiums, contributions, and assessments of public authority's |
107 | self-insurance funds; specifying an alternative tax rate; |
108 | providing for application of certain provisions of law to public |
109 | authority's self-insurance funds not meeting certain |
110 | requirements; amending s. |
111 |
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