The Florida Senate

624.464  Certificate of authority required; penalties.--

(1)  No person shall establish a commercial self-insurance fund unless such fund is issued a certificate of authority by the department pursuant to s. 624.466.

(2)(a)  Any person failing to hold a subsisting certificate of authority from the department while operating or maintaining a commercial self-insurance fund shall be subject to a fine of not less than $5,000 or more than $10,000 for each violation.

(b)  Any person who operates or maintains a commercial self-insurance fund without a subsisting certificate of authority from the department shall be subject to the cease and desist penalty powers of the department as set forth in ss. 626.9571, 626.9581, 626.9591, and 626.9601.

(c)  In addition to the penalties and other enforcement provisions of the Florida Insurance Code, the department is vested with the power to seek both temporary and permanent injunctive relief when:

1.  A commercial self-insurance fund is being operated by any person or entity without a subsisting certificate of authority.

2.  Any person, entity, or commercial self-insurance fund has engaged in any activity prohibited by the Florida Insurance Code made applicable by ss. 624.460-624.488 or by any rule adopted pursuant thereto.

3.  Any commercial self-insurance fund, person, or entity is renewing, issuing, or delivering a policy, contract, certificate, summary plan description, or other evidence of the benefits and coverages provided to members without a subsisting certificate of authority.

The department's authority to seek injunctive relief shall not be conditioned on having conducted any proceeding pursuant to chapter 120. The authority vested in the department by virtue of the operation of this section shall not act to reduce any other enforcement remedy or power to seek injunctive relief that may otherwise be available to the department.

History.--s. 27, ch. 86-160; s. 188, ch. 91-108; s. 4, ch. 91-429.