Florida Senate - 2013                             CS for SB 1408
       
       
       
       By the Committee on Banking and Insurance; and Senator Richter
       
       
       
       
       597-03997-13                                          20131408c1
    1                        A bill to be entitled                      
    2         An act relating to captive insurance; replacing the
    3         term “captive insurer” with “captive insurance
    4         company” in part V of ch. 628, F.S.; amending s.
    5         628.901, F.S.; revising definitions; amending s.
    6         628.905, F.S.; expanding the risks that an industrial
    7         insured capital insurance company may insure;
    8         providing that an industrial insured captive insurance
    9         company may provide certain insurance if the company
   10         has and maintains unencumbered capital and surplus of
   11         a certain amount; amending s. 628.907, F.S.;
   12         conforming terms; amending s. 628.909, F.S.;
   13         conforming terms and requiring captive insurance
   14         companies to deposit and maintain securities for the
   15         protection of policyholders; amending ss. 628.9142,
   16         628.915, 628.917, and 628.919, F.S.; conforming terms;
   17         providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsections (8), (9), and (13) of section
   22  628.901, Florida Statutes, are amended to read:
   23         628.901 Definitions.—As used in this part, the term:
   24         (8) “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  insurance company insurer or at least $75,000 for any line of
   35  coverage in excess of at least $25 million in the annual
   36  aggregate. The purchase of umbrella or general liability
   37  coverage in excess of $25 million in the annual aggregate shall
   38  be deemed to be the purchase of a single line of insurance.
   39         (9) “Industrial insured captive insurance company” means a
   40  captive insurance company that provides insurance only to the
   41  industrial insureds that are its stockholders or members, and
   42  affiliates thereof, or to the stockholders, and affiliates
   43  thereof, of its parent corporation. An industrial insured
   44  captive insurance company may can also provide reinsurance to
   45  insurers only on risks written by such insurers for the
   46  industrial insureds that are the stockholders or members, and
   47  affiliates thereof, of the industrial insured captive insurance
   48  company insurer, or the stockholders, and affiliates thereof, of
   49  the parent corporation of the industrial insured captive
   50  insurance company insurer.
   51         (13) “Qualifying reinsurer parent company” means a
   52  reinsurer that which currently holds a certificate of authority,
   53  letter of eligibility or is an accredited or trusteed a
   54  satisfactory non-approved reinsurer under s. 624.610(3)(c) in
   55  this state possessing a consolidated GAAP net worth of at least
   56  $500 million and a consolidated debt to total capital ratio of
   57  not greater than 0.50.
   58         Section 2. Subsections (1) and (2), paragraph (b) of
   59  subsection (4), and subsection (5) of section 628.905, Florida
   60  Statutes, are amended to read:
   61         628.905 Licensing; authority.—
   62         (1) A captive insurance company insurer, if permitted by
   63  its charter or articles of incorporation, may apply to the
   64  office for a license to do any and all insurance authorized
   65  under the insurance code, other than workers’ compensation and
   66  employer’s liability, life, health, personal motor vehicle, and
   67  personal residential property insurance, except that:
   68         (a) A pure captive insurance company may not insure any
   69  risks other than those of its parent, affiliated companies,
   70  controlled unaffiliated businesses, or a combination thereof.
   71         (b) An industrial insured captive insurance company may not
   72  insure any risks other than those of the industrial insureds
   73  that comprise the industrial insured group and their affiliated
   74  companies, or its stockholders or members and affiliates thereof
   75  of the industrial insured captive, or the stockholders or
   76  affiliates of the parent corporation of the industrial insured
   77  captive insurance company.
   78         (c) A special purpose captive insurance company may insure
   79  only the risks of its parent.
   80         (d) A captive insurance company may not accept or cede
   81  reinsurance except as provided under in this part.
   82         (e) An industrial insured captive insurance company that
   83  has unencumbered capital and surplus of at least $20 million may
   84  be licensed to provide workers’ compensation and employer’s
   85  liability insurance in excess of $25 million in the annual
   86  aggregate. An industrial insured captive insurance company must
   87  maintain unencumbered capital and surplus of at least $20
   88  million in order to continue to write excess workers’
   89  compensation insurance in this state.
   90         (2) To conduct insurance business in this state, a captive
   91  insurance company insurer must:
   92         (a) Obtain from the office a license authorizing it to
   93  conduct insurance business in this state;
   94         (b) Hold at least one board of directors’ meeting each year
   95  in this state;
   96         (c) Maintain its principal place of business in this state;
   97  and
   98         (d) Appoint a resident registered agent to accept service
   99  of process and to otherwise act on its behalf in this state. In
  100  the case of a captive insurance company formed as a corporation
  101  or a nonprofit corporation, if the registered agent cannot with
  102  reasonable diligence be found at the registered office of the
  103  captive insurance company, the Chief Financial Officer is of
  104  this state must be an agent of the captive insurance company
  105  upon whom any process, notice, or demand may be served.
  106         (4) A captive insurance company or captive reinsurance
  107  company must pay to the office a nonrefundable fee of $1,500 for
  108  processing its application for license.
  109         (b) The office may charge a fee of $5 for any document
  110  requiring certification of authenticity or the signature of the
  111  office commissioner or his or her designee.
  112         (5) If the office commissioner is satisfied that the
  113  documents and statements filed by the captive insurance company
  114  comply with this chapter, the office commissioner may grant a
  115  license authorizing the company to conduct insurance business in
  116  this state until the next succeeding March 1, at which time the
  117  license may be renewed.
  118         Section 3. Subsection (1) of section 628.907, Florida
  119  Statutes, is amended to read:
  120         628.907 Minimum capital and net assets requirements;
  121  restriction on payment of dividends.—
  122         (1) A captive insurance company insurer may not be issued a
  123  license unless it possesses and thereafter maintains unimpaired
  124  paid-in capital of:
  125         (a) In the case of a pure captive insurance company, at
  126  least $100,000.
  127         (b) In the case of an industrial insured captive insurance
  128  company incorporated as a stock insurer, at least $200,000.
  129         (c) In the case of a special purpose captive insurance
  130  company, an amount determined by the office after giving due
  131  consideration to the company’s business plan, feasibility study,
  132  and pro forma financial statements and projections, including
  133  the nature of the risks to be insured.
  134         Section 4. Section 628.909, Florida Statutes, is amended to
  135  read:
  136         628.909 Applicability of other laws.—
  137         (1) The Florida Insurance Code does not apply to captive
  138  insurance companies insurers or industrial insured captive
  139  insurance companies insurers except as provided under in this
  140  part and subsections (2) and (3).
  141         (2) The following provisions of the Florida Insurance Code
  142  apply to captive insurance companies that insurers who are not
  143  industrial insured captive insurance companies insurers to the
  144  extent that such provisions are not inconsistent with this part:
  145         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
  146  624.40851, 624.4095, 624.411, 624.425, and 624.426.
  147         (b) Chapter 625, part II.
  148         (c) Chapter 626, part IX.
  149         (d) Sections 627.730-627.7405, if when no-fault coverage is
  150  provided.
  151         (e) Chapter 628.
  152         (3) The following provisions of the Florida Insurance Code
  153  apply to industrial insured captive insurance companies insurers
  154  to the extent that such provisions are not inconsistent with
  155  this part:
  156         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
  157  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
  158         (b) Chapter 625, part II, if the industrial insured captive
  159  insurance company insurer is incorporated in this state.
  160         (c) Chapter 626, part IX.
  161         (d) Sections 627.730-627.7405 if when no-fault coverage is
  162  provided.
  163         (e) Chapter 628, except for ss. 628.341, 628.351, and
  164  628.6018.
  165         Section 5. Subsection (2) of section 628.9142, Florida
  166  Statutes, is amended to read:
  167         628.9142 Reinsurance; effect on reserves.—
  168         (2) A captive insurance company may take credit for
  169  reserves on risks or portions of risks ceded to authorized
  170  insurers or reinsurers and unauthorized insurers or reinsurers
  171  complying with s. 624.610. A captive insurance company insurer
  172  may not take credit for reserves on risks or portions of risks
  173  ceded to an unauthorized insurer or reinsurer if the insurer or
  174  reinsurer is not in compliance with s. 624.610.
  175         Section 6. Section 628.915, Florida Statutes, is amended to
  176  read:
  177         628.915 Exemption from compulsory association.—
  178         (1) A No captive insurance company may not insurer shall be
  179  permitted to join or contribute financially to a any joint
  180  underwriting association or guaranty fund in this state; nor may
  181  a shall any captive insurance company insurer, its insured, or
  182  its parent or any affiliated company receive any benefit from
  183  any such joint underwriting association or guaranty fund for
  184  claims arising out of the operations of such captive insurance
  185  company insurer.
  186         (2) An No industrial insured captive insurance company may
  187  not insurer shall be permitted to join or contribute financially
  188  to a any joint underwriting association or guaranty fund in this
  189  state; nor may an shall any industrial insured captive insurance
  190  company insurer, its industrial insured, or its parent or any
  191  affiliated company receive any benefit from any such joint
  192  underwriting association or guaranty fund for claims arising out
  193  of the operations of such industrial insured captive insurance
  194  company insurer.
  195         Section 7. Section 628.917, Florida Statutes, is amended to
  196  read:
  197         628.917 Insolvency and liquidation.—If In the event that a
  198  captive insurance company insurer is insolvent as defined in
  199  chapter 631, the office shall liquidate the captive insurance
  200  company insurer pursuant to the provisions of part I of chapter
  201  631,; except that the office may shall make no attempt to
  202  rehabilitate such company insurer.
  203         Section 8. Section 628.919, Florida Statutes, is amended to
  204  read:
  205         628.919 Standards to ensure risk management control by
  206  parent company.—A pure captive insurance company must submit The
  207  Financial Services Commission shall adopt rules establishing
  208  standards to the office which ensure that a parent or affiliated
  209  company is able to exercise control of the risk management
  210  function of a any controlled unaffiliated business to be insured
  211  by the pure captive insurance company.
  212         Section 9. This act shall take effect July 1, 2013.