The Florida Senate

624.44  Examination by the department.--

(1)(a)  The department shall examine the affairs, transactions, accounts, business records, and assets of any multiple-employer welfare arrangement as often as it deems necessary for the protection of the people of the state, but not less frequently than once every 3 years. For the purpose of examinations, the department may administer oaths and examine the trustees, directors, officers, and agents of an arrangement concerning its business and affairs.

(b)  The expenses of examination of each arrangement by the department shall be subject to the same terms and conditions as apply to insurers under part II.

(c)  The department may contract, at reasonable fees for work performed, with qualified, impartial, outside sources to perform audits or examinations or portions thereof to determine continued compliance with the requirements of ss. 624.436-624.446. Any contracted assistance shall be under direct supervision of the department. The results of any contracted assistance shall be subject to review, approval, disapproval, or modification by the department.

(2)  If the department preliminarily finds that an arrangement is insolvent, the department shall notify the arrangement of such insolvency. Upon being so notified, the arrangement shall within 15 days file with the department all information that proves that the arrangement is not insolvent.

(3)  If the arrangement fails within the 15-day period provided in subsection (2) to supply information showing to the satisfaction of the department that the arrangement is not insolvent, the department may:

(a)1.  Suspend any new enrollment;

2.  Suspend or revoke the arrangement's certificate of authority; or

3.  Place the arrangement in administrative supervision under ¹s. 624.80; or

(b)  For the purposes of dissolution, liquidation, or rehabilitation, place the arrangement under the supervision of the department pursuant to chapter 631.

History.--s. 3, ch. 83-203; s. 3, ch. 84-94; s. 9, ch. 85-62; s. 5, ch. 85-212; ss. 29, 187, 188, ch. 91-108; s. 4, ch. 91-429.

¹Note.--Section 624.80 defines terms applicable to part VI, dealing with administrative supervision.