Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1408
       
       
       
       
       
       
                                Barcode 214592                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2013           .                                
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       The Committee on Banking and Insurance (Richter) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (8), (9), and (13) of section
    6  628.901, Florida Statutes, are amended to read:
    7         628.901 Definitions.—As used in this part, the term:
    8         (8) “Industrial insured” means an insured that:
    9         (a) Has gross assets in excess of $50 million;
   10         (b) Procures insurance through the use of a full-time
   11  employee of the insured who acts as an insurance manager or
   12  buyer or through the services of a person licensed as a property
   13  and casualty insurance agent, broker, or consultant in such
   14  person’s state of domicile;
   15         (c) Has at least 100 full-time employees; and
   16         (d) Pays annual premiums of at least $200,000 for each line
   17  of insurance purchased from the industrial insured captive
   18  insurance company insurer or at least $75,000 for any line of
   19  coverage in excess of at least $25 million in the annual
   20  aggregate. The purchase of umbrella or general liability
   21  coverage in excess of $25 million in the annual aggregate shall
   22  be deemed to be the purchase of a single line of insurance.
   23         (9) “Industrial insured captive insurance company” means a
   24  captive insurance company that provides insurance only to the
   25  industrial insureds that are its stockholders or members, and
   26  affiliates thereof, or to the stockholders, and affiliates
   27  thereof, of its parent corporation. An industrial insured
   28  captive insurance company may can also provide reinsurance to
   29  insurers only on risks written by such insurers for the
   30  industrial insureds that are the stockholders or members, and
   31  affiliates thereof, of the industrial insured captive insurance
   32  company insurer, or the stockholders, and affiliates thereof, of
   33  the parent corporation of the industrial insured captive
   34  insurance company insurer.
   35         (13) “Qualifying reinsurer parent company” means a
   36  reinsurer that which currently holds a certificate of authority,
   37  letter of eligibility or is an accredited or trusteed a
   38  satisfactory non-approved reinsurer under s. 624.610(3)(c) in
   39  this state possessing a consolidated GAAP net worth of at least
   40  $500 million and a consolidated debt to total capital ratio of
   41  not greater than 0.50.
   42         Section 2. Subsections (1) and (2), paragraph (b) of
   43  subsection (4), and subsection (5) of section 628.905, Florida
   44  Statutes, are amended to read:
   45         628.905 Licensing; authority.—
   46         (1) A captive insurance company insurer, if permitted by
   47  its charter or articles of incorporation, may apply to the
   48  office for a license to do any and all insurance authorized
   49  under the insurance code, other than workers’ compensation and
   50  employer’s liability, life, health, personal motor vehicle, and
   51  personal residential property insurance, except that:
   52         (a) A pure captive insurance company may not insure any
   53  risks other than those of its parent, affiliated companies,
   54  controlled unaffiliated businesses, or a combination thereof.
   55         (b) An industrial insured captive insurance company may not
   56  insure any risks other than those of the industrial insureds
   57  that comprise the industrial insured group and their affiliated
   58  companies, or its stockholders or members and affiliates thereof
   59  of the industrial insured captive, or the stockholders or
   60  affiliates of the parent corporation of the industrial insured
   61  captive insurance company.
   62         (c) A special purpose captive insurance company may insure
   63  only the risks of its parent.
   64         (d) A captive insurance company may not accept or cede
   65  reinsurance except as provided under in this part.
   66         (e) An industrial insured captive insurance company that
   67  has unencumbered capital and surplus of at least $20 million may
   68  be licensed to provide workers’ compensation and employer’s
   69  liability insurance in excess of $25 million in the annual
   70  aggregate. An industrial insured captive insurance company must
   71  maintain unencumbered capital and surplus of at least $20
   72  million in order to continue to write excess workers’
   73  compensation insurance in this state.
   74         (2) To conduct insurance business in this state, a captive
   75  insurance company insurer must:
   76         (a) Obtain from the office a license authorizing it to
   77  conduct insurance business in this state;
   78         (b) Hold at least one board of directors’ meeting each year
   79  in this state;
   80         (c) Maintain its principal place of business in this state;
   81  and
   82         (d) Appoint a resident registered agent to accept service
   83  of process and to otherwise act on its behalf in this state. In
   84  the case of a captive insurance company formed as a corporation
   85  or a nonprofit corporation, if the registered agent cannot with
   86  reasonable diligence be found at the registered office of the
   87  captive insurance company, the Chief Financial Officer is of
   88  this state must be an agent of the captive insurance company
   89  upon whom any process, notice, or demand may be served.
   90         (4) A captive insurance company or captive reinsurance
   91  company must pay to the office a nonrefundable fee of $1,500 for
   92  processing its application for license.
   93         (b) The office may charge a fee of $5 for any document
   94  requiring certification of authenticity or the signature of the
   95  office commissioner or his or her designee.
   96         (5) If the office commissioner is satisfied that the
   97  documents and statements filed by the captive insurance company
   98  comply with this chapter, the office commissioner may grant a
   99  license authorizing the company to conduct insurance business in
  100  this state until the next succeeding March 1, at which time the
  101  license may be renewed.
  102         Section 3. Subsection (1) of section 628.907, Florida
  103  Statutes, is amended to read:
  104         628.907 Minimum capital and net assets requirements;
  105  restriction on payment of dividends.—
  106         (1) A captive insurance company insurer may not be issued a
  107  license unless it possesses and thereafter maintains unimpaired
  108  paid-in capital of:
  109         (a) In the case of a pure captive insurance company, at
  110  least $100,000.
  111         (b) In the case of an industrial insured captive insurance
  112  company incorporated as a stock insurer, at least $200,000.
  113         (c) In the case of a special purpose captive insurance
  114  company, an amount determined by the office after giving due
  115  consideration to the company’s business plan, feasibility study,
  116  and pro forma financial statements and projections, including
  117  the nature of the risks to be insured.
  118         Section 4. Section 628.909, Florida Statutes, is amended to
  119  read:
  120         628.909 Applicability of other laws.—
  121         (1) The Florida Insurance Code does not apply to captive
  122  insurance companies insurers or industrial insured captive
  123  insurance companies insurers except as provided under in this
  124  part and subsections (2) and (3).
  125         (2) The following provisions of the Florida Insurance Code
  126  apply to captive insurance companies that insurers who are not
  127  industrial insured captive insurance companies insurers to the
  128  extent that such provisions are not inconsistent with this part:
  129         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
  130  624.40851, 624.4095, 624.411, 624.425, and 624.426.
  131         (b) Chapter 625, part II.
  132         (c) Chapter 626, part IX.
  133         (d) Sections 627.730-627.7405, if when no-fault coverage is
  134  provided.
  135         (e) Chapter 628.
  136         (3) The following provisions of the Florida Insurance Code
  137  apply to industrial insured captive insurance companies insurers
  138  to the extent that such provisions are not inconsistent with
  139  this part:
  140         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
  141  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
  142         (b) Chapter 625, part II, if the industrial insured captive
  143  insurance company insurer is incorporated in this state.
  144         (c) Chapter 626, part IX.
  145         (d) Sections 627.730-627.7405 if when no-fault coverage is
  146  provided.
  147         (e) Chapter 628, except for ss. 628.341, 628.351, and
  148  628.6018.
  149         Section 5. Subsection (2) of section 628.9142, Florida
  150  Statutes, is amended to read:
  151         628.9142 Reinsurance; effect on reserves.—
  152         (2) A captive insurance company may take credit for
  153  reserves on risks or portions of risks ceded to authorized
  154  insurers or reinsurers and unauthorized insurers or reinsurers
  155  complying with s. 624.610. A captive insurance company insurer
  156  may not take credit for reserves on risks or portions of risks
  157  ceded to an unauthorized insurer or reinsurer if the insurer or
  158  reinsurer is not in compliance with s. 624.610.
  159         Section 6. Section 628.915, Florida Statutes, is amended to
  160  read:
  161         628.915 Exemption from compulsory association.—
  162         (1) A No captive insurance company may not insurer shall be
  163  permitted to join or contribute financially to a any joint
  164  underwriting association or guaranty fund in this state; nor may
  165  a shall any captive insurance company insurer, its insured, or
  166  its parent or any affiliated company receive any benefit from
  167  any such joint underwriting association or guaranty fund for
  168  claims arising out of the operations of such captive insurance
  169  company insurer.
  170         (2) An No industrial insured captive insurance company may
  171  not insurer shall be permitted to join or contribute financially
  172  to a any joint underwriting association or guaranty fund in this
  173  state; nor may an shall any industrial insured captive insurance
  174  company insurer, its industrial insured, or its parent or any
  175  affiliated company receive any benefit from any such joint
  176  underwriting association or guaranty fund for claims arising out
  177  of the operations of such industrial insured captive insurance
  178  company insurer.
  179         Section 7. Section 628.917, Florida Statutes, is amended to
  180  read:
  181         628.917 Insolvency and liquidation.—If In the event that a
  182  captive insurance company insurer is insolvent as defined in
  183  chapter 631, the office shall liquidate the captive insurance
  184  company insurer pursuant to the provisions of part I of chapter
  185  631,; except that the office may shall make no attempt to
  186  rehabilitate such company insurer.
  187         Section 8. Section 628.919, Florida Statutes, is amended to
  188  read:
  189         628.919 Standards to ensure risk management control by
  190  parent company.—A pure captive insurance company must submit The
  191  Financial Services Commission shall adopt rules establishing
  192  standards to the office which ensure that a parent or affiliated
  193  company is able to exercise control of the risk management
  194  function of a any controlled unaffiliated business to be insured
  195  by the pure captive insurance company.
  196         Section 9. This act shall take effect July 1, 2013.
  197  
  198  ================= T I T L E  A M E N D M E N T ================
  199         And the title is amended as follows:
  200         Delete everything before the enacting clause
  201  and insert:
  202                        A bill to be entitled                      
  203         An act relating to captive insurance; replacing the
  204         term “captive insurer” with “captive insurance
  205         company” in part V of ch. 628, F.S.; amending s.
  206         628.901, F.S.; revising definitions; amending s.
  207         628.905, F.S.; expanding the risks that an industrial
  208         insured capital insurance company may insure;
  209         providing that an industrial insured captive insurance
  210         company may provide certain insurance if the company
  211         has and maintains unencumbered capital and surplus of
  212         a certain amount; amending s. 628.907, F.S.;
  213         conforming terms; amending s. 628.909, F.S.;
  214         conforming terms and requiring captive insurance
  215         companies to deposit and maintain securities for the
  216         protection of policyholders; amending ss. 628.9142,
  217         628.915, 628.917, and 628.919, F.S.; conforming terms;
  218         providing an effective date.