Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 850 Ì412698VÎ412698 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/27/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Rouson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsections (1) and (7) of section 624.46226, 6 Florida Statutes, are amended 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 $5 million. 19 (b) Uses a qualified actuary to determine rates using 20 accepted actuarial principles and annually submits to the office 21 a certification by the actuary that the rates are actuarially 22 sound and are not inadequate, as defined in s. 627.062. 23 (c) Uses a qualified actuary to establish reserves for loss 24 and loss adjustment expenses and annually submits to the office 25 a certification by the actuary that the loss and loss adjustment 26 expense reserves are adequate. If the actuary determines that 27 reserves are not adequate, the fund shall file with the office a 28 remedial plan for increasing the reserves or otherwise 29 addressing the financial condition of the fund, subject to a 30 determination by the office that the fund will operate on an 31 actuarially sound basis and the fund does not pose a significant 32 risk of insolvency. 33 (d) Maintains a continuing program of excess insurance 34 coverage and reserve evaluation to protect the financial 35 stability of the fund in an amount and manner determined by a 36 qualified and independent actuary. At a minimum, this program 37 must: 38 1. Purchase excess insurance from authorized insurance 39 carriers or eligible surplus lines insurers. 40 2. Retain a per-loss occurrence that does not exceed 41 $350,000. 42 (e) Submits to the office annually an audited fiscal year 43 end financial statement by an independent certified public 44 accountant within 6 months after the end of the fiscal year. 45 (f) Has a governing body which is comprised entirely of 46 commissioners of public housing authorities that are members of 47 the public housing authority self-insurance fund or persons 48 appointed by the commissioners of public housing authorities 49 that are members of the public housing authority self-insurance 50 fund. 51 (g) Uses knowledgeable persons or business entities to 52 administer or service the fund in the areas of claims 53 administration, claims adjusting, underwriting, risk management, 54 loss control, policy administration, financial audit, and legal 55 areas. Such persons must meet all applicable requirements of law 56 for state licensure and must have at least 5 years’ experience 57 with commercial self-insurance funds formed under s. 624.462, 58 self-insurance funds formed under s. 624.4622, or domestic 59 insurers. 60 (h) Submits to the office copies of contracts used for its 61 members that clearly establish the liability of each member for 62 the obligations of the fund. 63 (i) Annually submits to the office a certification by the 64 governing body of the fund that, to the best of its knowledge, 65 the requirements of this section are met. 66 67 A for-profit or not-for-profit corporation, limited liability 68 company, or other similar business entity in which a public 69 housing authority holds an ownership interest or participates in 70 its governance under s. 421.08(8) may join a self-insurance fund 71 formed under this section in which such public housing authority 72 participates. Such for-profit or not-for-profit corporation, 73 limited liability company, or other similar business entity may 74 join the self-insurance fund solely to insure risks related to 75 public housing. 76 (7) Reinsurance companies complying with s. 624.610 may 77 issue coverage directly to a public housing authority or an 78 entity organized by a public housing authority under s. 79 421.08(8) if such public housing authority or entity self 80 insuresself-insuringits liabilities under this section. A 81 public housing authority purchasing reinsurance or an entity 82 that is organized by a public housing authority under s. 83 421.08(8) and that is purchasing reinsurance shall be considered 84 an insurer for the sole purpose of entering into such 85 reinsurance contracts. Contracts of reinsurance issued to public 86 housing authorities self-insuring under this section or to 87 entities that are organized by public housing authorities under 88 s. 421.08(8) and that are self-insuring under this section shall 89 receive the same tax treatment as reinsurance contracts issued 90 to insurance companies. However, the purchase of reinsurance 91 coverage by a public housing authority self-insuring under this 92 section or by an entity that is organized by a public housing 93 authority under s. 421.08(8) and that is self-insuring under 94 this section shall not be construed as authorization to 95 otherwise act as an insurer. 96 Section 2. This act shall take effect July 1, 2017. 97 98 ================= T I T L E A M E N D M E N T ================ 99 And the title is amended as follows: 100 Delete everything before the enacting clause 101 and insert: 102 A bill to be entitled 103 An act relating to public housing authority insurance; 104 amending s. 624.46226, F.S.; authorizing certain 105 business entities to join, solely for a specified 106 purpose, self-insurance funds participated in by 107 public housing authorities who hold ownership 108 interests in or who participate in governing such 109 entities; authorizing reinsurance companies to issue 110 coverage directly to certain self-insuring entities 111 organized by a public housing authority under certain 112 circumstances; specifying that such entities are 113 considered insurers under certain circumstances; 114 requiring that reinsurance contracts issued to such 115 entities receive the same tax treatment as contracts 116 issued to insurance companies; revising construction; 117 providing an effective date.