1 | Representative Nuñez offered the following: |
2 |
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3 | Amendment to Amendment (399507) (with title amendment) |
4 | Between lines 177 and 178, insert: |
5 | Section 7. 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 a self-insurance fund for the purpose of |
12 | pooling and spreading liabilities of its members as to any one |
13 | or combination of casualty risk or real or personal property |
14 | risk of every kind and every interest in such property against |
15 | loss or damage from any hazard or cause and against any loss |
16 | consequential to such loss or damage, provided the self- |
17 | insurance fund that is created: |
18 | (a) Has annual normal premiums in excess of$3.5 $5 |
19 | 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 the |
42 | lesser of $350,000 or the surplus of the fund as reported in the |
43 | immediately preceding audited fiscal year end financial |
44 | statement. If not identified as surplus in the audited financial |
45 | statements, surplus shall be the difference of the total assets |
46 | minus the total liabilities. |
47 | (e) Submits to the office annually an audited fiscal year- |
48 | end financial statement by an independent certified public |
49 | accountant within 6 months after the end of the fiscal year. |
50 | (f) Has a governing body which is comprised entirely of |
51 | commissioners of public housing authorities that are members of |
52 | the public housing authority self-insurance fund or persons |
53 | appointed by the commissioners of public housing authorities |
54 | that are members of the public housing authority self-insurance |
55 | fund. |
56 | (g) Uses knowledgeable persons or business entities to |
57 | administer or service the fund in the areas of claims |
58 | administration, claims adjusting, underwriting, risk management, |
59 | loss control, policy administration, financial audit, and legal |
60 | areas. Such persons must meet all applicable requirements of law |
61 | for state licensure and must have at least 5 years' experience |
62 | with commercial self-insurance funds formed under s. 624.462, |
63 | self-insurance funds formed under s. 624.4622, or domestic |
64 | insurers. |
65 | (h) Submits to the office copies of contracts used for its |
66 | members that clearly establish the liability of each member for |
67 | the obligations of the fund. |
68 | (i) Annually submits to the office a certification by the |
69 | governing body of the fund that, to the best of its knowledge, |
70 | the requirements of this section are met. |
71 | (2) As used in this section, the term "qualified actuary" |
72 | means an actuary that is a member of the Casualty Actuarial |
73 | Society or the American Academy of Actuaries. |
74 | (3) A public housing authority's self-insurance fund that |
75 | meets the requirements of this section is not: |
76 | (a) An insurer for purposes of participation in or |
77 | coverage by any insurance guaranty association established by |
78 | chapter 631; or |
79 | (b) Subject to s. 624.4621 and is not required to file any |
80 | report with the department under s. 440.38(2)(b) that is |
81 | uniquely required of group self-insurer funds qualified under s. |
82 | 624.4621. |
83 | (4) Premiums, contributions, and assessments received by a |
84 | public housing authority's self-insurance fund are subject to |
85 | ss. 624.509(1) and (2) and 624.5092, except that the tax rate |
86 | shall be 1.6 percent of the gross amount of such premiums, |
87 | contributions, and assessments. |
88 | (5) If any of the requirements of subsection (1) are not |
89 | met, a public housing authority's self-insurance fund is subject |
90 | to the requirements of s. 624.4621 if the fund provides only |
91 | workers' compensation coverage or is subject to the requirements |
92 | of ss. 624.460-624.488 if the fund provides coverage for other |
93 | property, casualty, or surety risks. |
94 | (6) Any public housing authority in the state as defined |
95 | in chapter 421 that is a member of a self-insurance fund |
96 | pursuant to this section shall be exempt from the assessments |
97 | imposed under ss. 215.555, 627.351 and 631.57. |
98 | (7) Reinsurance companies complying with s. 624.610 may |
99 | issue coverage directly to a public housing authority self- |
100 | insuring its liabilities under this section. A public housing |
101 | authority purchasing reinsurance shall be considered an insurer |
102 | for the sole purpose of entering into such reinsurance |
103 | contracts. Contracts of reinsurance issued to public housing |
104 | authorities self-insuring under this section shall receive the |
105 | same tax treatment as reinsurance contracts issued to insurance |
106 | companies. However, the purchase of reinsurance coverage by a |
107 | public housing authority self-insuring under this section shall |
108 | not be construed as authorization to otherwise act as an |
109 | insurer. |
110 |
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111 |
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112 | ----------------------------------------------------- |
113 | T I T L E A M E N D M E N T |
114 | Remove line 3542 and insert: |
115 | under specified circumstances; amending s. 624.46226, F.S.; |
116 | revising the criteria for public housing authorities to qualify |
117 | for a self-insurance fund relating to specified casualty |
118 | insurance; amending s. 626.852, F.S.; |