Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1252
       
       
       
       
       
       
                                Barcode 213992                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/27/2011           .                                
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       The Committee on Rules (Richter) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 669 and 670
    4  insert:
    5         Section 12. Section 628.901, Florida Statutes, is amended
    6  to read:
    7         628.901 Definitions “Captive insurer” defined.—As used in
    8  For the purposes of this part, the term: except as provided in
    9  s. 628.903, a “captive insurer” is a domestic insurer
   10  established under part I to insure the risks of a specific
   11  corporation or group of corporations under common ownership
   12  owned by the corporation or corporations from which it accepts
   13  risk under a contract of insurance.
   14         (1) “Association” means a legal association of nursing
   15  homes, hospitals, skilled nursing facilities, assisted living
   16  facilities, or continuing care retirement communities.
   17         (2) “Association captive insurer” means a company that
   18  insures risks of the member organizations of the association and
   19  their affiliated companies.
   20         (3) “Captive insurer” means a pure captive insurer, an
   21  industrial insured captive insurer, or an association captive
   22  insurer domiciled in this state and formed or licensed under
   23  this part.
   24         (4) “Industrial insured” means an insured that:
   25         (a)Has gross assets in excess of $50 million;
   26         (b)Procures insurance through the use of a full-time
   27  employee of the insured who acts as an insurance manager or
   28  buyer or through the services of a person licensed as a property
   29  and casualty insurance agent, broker, or consultant in such
   30  person’s state of domicile;
   31         (c)Has at least 100 full-time employees; and
   32         (d)Pays annual premiums of at least $200,000 for each line
   33  of insurance purchased from the industrial insured captive
   34  insurer, or at least $75,000 for any line of coverage in excess
   35  of at least $25 million in the annual aggregate. The purchase of
   36  umbrella or general liability coverage in excess of $25 million
   37  in the annual aggregate is deemed to be the purchase of a single
   38  line of insurance.
   39         (5)“Industrial insured captive insurer” means a captive
   40  insurer that:
   41         (a)Has as its stockholders or members only industrial
   42  insureds that the captive insurer insures, or has as its sole
   43  stockholder a corporation whose sole stockholders are industrial
   44  insureds that the captive insurer insures; and
   45         1.Provides insurance only to the industrial insureds that
   46  are its stockholders or members, and affiliates thereof, or to
   47  the stockholders, and affiliates thereof, of its parent
   48  corporation; or
   49         2.Provides reinsurance only on risks written by insurers
   50  of industrial insureds who are the stockholders or members, and
   51  affiliates thereof, of the captive insurer, or the stockholders,
   52  and affiliates thereof, of the parent corporation of the captive
   53  insurer;
   54         (b)Maintains unimpaired capital and surplus of at least
   55  $20 million; and
   56         (c)If licensed in this state before December 31, 1999, or
   57  if any subsidiary formed by the licensed insurer on or after
   58  December 31, 1999, has:
   59         1.Gross assets in excess of $10 million and procures
   60  insurance through the use of a full-time employee of the insured
   61  who acts as an insurance manager or buyer or through the
   62  services of a person licensed as a property and casualty
   63  insurance agent, broker, or consultant in such person’s state of
   64  domicile;
   65         2.At least 25 full-time employees; and
   66         3.Annual aggregate premiums for all insurance risks which
   67  total at least $100,000.
   68  
   69  As used in this subsection, the term “affiliate” means a person
   70  that directly or indirectly, through one or more intermediaries,
   71  controls, is controlled by, or is under common control with one
   72  or more of the stockholders or members of an industrial insured
   73  captive insurer or one or more of the stockholders of the parent
   74  corporation of an industrial insured captive insurer.
   75         (6) “Pure captive insurer” means a company that insures the
   76  risks of its parent, affiliated companies, controlled
   77  unaffiliated businesses, or a combination thereof.
   78         Section 13. Section 628.903, Florida Statutes, is repealed.
   79         Section 14. Section 628.905, Florida Statutes, is amended
   80  to read:
   81         628.905 Licensing; authority.—In order to conduct insurance
   82  business in this state, a captive insurer must obtain a license
   83  from the office.
   84         (1) A Any captive insurer, if when permitted by its charter
   85  or articles of incorporation, may apply to the office for a
   86  license to provide commercial property, commercial casualty, and
   87  commercial marine insurance. coverage other than workers’
   88  compensation and employer’s liability insurance coverage, except
   89  that An industrial insured captive insurer may also apply for a
   90  license to provide workers’ compensation and employer’s
   91  liability insurance as set forth in subsection (5) (6).
   92         (2) A No captive insurer, other than an industrial insured
   93  captive insurer, may not shall insure or accept reinsurance on
   94  any risks other than those of its parent and affiliated
   95  companies.
   96         (3) In addition to information otherwise required by this
   97  code, each applicant captive insurer shall file with the office
   98  evidence:
   99         (a) Of the adequacy of the loss prevention program of its
  100  insureds.
  101         (b) That it intends to employ or contract with a reputable
  102  person or firm that possesses the appropriate expertise,
  103  experience, and character to manage the association captive
  104  insurer.
  105         (4) If an association captive insurer operates with
  106  separate cells or segregated accounts, a certificate of
  107  insurance used to satisfy financial responsibility laws shall be
  108  issued in an amount not exceeding the total funds in the
  109  segregated accounts or separate cells of each member
  110  organization of the association.
  111         (5)(4) An industrial insured captive insurer:
  112         (a) Need not be incorporated in this state if it has been
  113  validly incorporated under the laws of another jurisdiction;.
  114         (b)(5)An industrial insured captive insurer Is subject to
  115  all provisions of this part except as otherwise indicated; and.
  116         (c)(6)An industrial insured captive insurer May not
  117  provide workers’ compensation and employer’s liability insurance
  118  except in excess of at least $25 million in the annual
  119  aggregate.
  120         Section 15. Section 628.908, Florida Statutes, is created
  121  to read:
  122         628.908Principal place of business; annual meeting.—In
  123  order to conduct insurance business in this state, a licensed
  124  captive insurer must:
  125         (1) Maintain its principal place of business in this state;
  126  and
  127         (2) Annually hold in this state at least one board of
  128  directors’ meeting; or, in the case of a reciprocal insurer, one
  129  subscriber’s advisory committee meeting; or, in the case of a
  130  limited liability company, one managing board’s meeting.
  131         Section 16. Paragraph (a) of subsection (2) and paragraph
  132  (a) of subsection (3) of section 628.909, Florida Statutes, are
  133  amended to read:
  134         628.909 Applicability of other laws.—
  135         (2) The following provisions of the Florida Insurance Code
  136  shall apply to captive insurers who are not industrial insured
  137  captive insurers to the extent that such provisions are not
  138  inconsistent with this part:
  139         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
  140  624.40851, 624.4095, 624.425, and 624.426.
  141         (3) The following provisions of the Florida Insurance Code
  142  shall apply to industrial insured captive insurers to the extent
  143  that such provisions are not inconsistent with this part:
  144         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
  145  624.40851, 624.4095, 624.425, 624.426, and 624.609(1).
  146  
  147  ================= T I T L E  A M E N D M E N T ================
  148         And the title is amended as follows:
  149         Delete line 49
  150  and insert:
  151         insurance coverage; amending s. 628.901, F.S.;
  152         providing definitions; repealing s. 628.903, F.S.,
  153         relating to the definition of the term “industrial
  154         insured captive insurer”; amending s. 628.905, F.S.;
  155         requiring a captive insurer to obtain a license and to
  156         file evidence that a person or firm with whom it
  157         intends to conduct business is reputable; providing
  158         that a certificate of insurance for an association
  159         captive insurer does not exceed the total funds of the
  160         association members; creating s. 628.908, F.S.;
  161         requiring a licensed captive insurer to maintain its
  162         principal place of business in this state and hold an
  163         annual meeting in this state; amending s. 628.909,
  164         F.S.; applying additional provisions of the insurance
  165         code to captive insurers; creating s. 634.1711, F.S.;