Florida Senate - 2009                             CS for SB 1138
       
       
       
       By the Committee on Communications, Energy, and Public
       Utilities; and Senator Gaetz
       
       
       
       579-03389-09                                          20091138c1
    1                        A bill to be entitled                      
    2         An act relating to self-insurance funds; creating s.
    3         624.4626, F.S.; authorizing any two or more electric
    4         cooperatives to operate a self-insurance fund for
    5         certain purposes; providing for membership in the
    6         fund; requiring that the fund fulfill certain
    7         criteria; providing for the applicability of certain
    8         assessments and certain provisions of state law to
    9         such a fund; amending s. 624.472, F.S.; requiring that
   10         an application for insurance and a policy contain
   11         certain statements printed in boldface type; amending
   12         s. 631.904, F.S.; exempting certain self-insurance
   13         funds from specified provisions of state law;
   14         providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 624.4626, Florida Statutes, is created
   19  to read:
   20         624.4626Electric cooperative self-insurance funds.—
   21         (1) Notwithstanding any other provision of law, any two or
   22  more electric cooperatives organized pursuant to chapter 425 may
   23  operate a self-insurance fund for the purpose of pooling and
   24  spreading liabilities of group members in securing the payment
   25  of benefits under chapter 440. A self-insurance fund established
   26  under this section must:
   27         (a) Require that every member of the fund be jointly and
   28  severally liable for the obligations of the fund;
   29         (b) Maintain a continuing program of excess insurance
   30  coverage and reserve evaluation to protect the financial
   31  stability of the fund in an amount and manner determined by a
   32  qualified and independent actuary;
   33         (c)Subscribe to, or be a member of, a rating organization
   34  as prescribed in s. 627.231;
   35         (dEmploy an independent certified public accountant to
   36  complete an audit of its fiscal year-end financial statement
   37  within 6 months after the end of the fiscal year;
   38         (e) Have a governing body comprised of a representative
   39  from each member of the fund;
   40         (f)Limit membership in the fund to electric cooperatives
   41  operating in this state, their subsidiaries, and the current
   42  members of the Florida Rural Electric Self-Insurer’s Fund; and
   43         (g)Provide members of the fund, at renewal, a disclosure
   44  statement notifying the members that the fund is not regulated
   45  by the Office of insurance Regulation.
   46         (2)A self-insurance fund meeting the requirements of this
   47  section is subject to the assessments set forth in s.
   48  624.4621(7) and is subject to the assessments set forth in
   49  ss.440.49(9) and 440.51(1), but is not subject to any other
   50  provision of s. 624.4621 and is not required to file any report
   51  with the department under s. 440.38(2)(b) which is uniquely
   52  required of group self-insurer funds qualified under s.
   53  624.4621.
   54         Section 2. Subsection (3) of section 624.472, Florida
   55  Statutes, is amended to read:
   56         624.472 Member’s liability.—
   57         (3) Each policy issued by the fund shall contain a
   58  statement of the contingent liability. Both the application for
   59  insurance and the policy shall contain, in boldface contrasting
   60  color and in not less than 10-point type, the following
   61  statements: “This is a fully assessable policy. If In the event
   62  the fund is unable to pay its obligations, policyholders will be
   63  required to contribute on a pro rata earned premium basis the
   64  money necessary to meet any unfilled obligations.” In lieu of
   65  the notice provided for above, a fund with governmental entity
   66  members shall provide the following notice to members other than
   67  governmental entities: “This is a fully assessable policy. In
   68  the event the fund is unable to pay its obligations related to
   69  members which are not governmental entities, the policyholders
   70  which are not governmental entities will be required to
   71  contribute on a pro rata earned premium basis the money
   72  necessary to meet any such unfilled obligations.” A fund with
   73  governmental entity members shall provide the following notice
   74  to governmental entity members: “This is a fully assessable
   75  policy. In the event the fund is unable to pay its obligations
   76  related to governmental entity members, governmental entity
   77  policyholders will be required to contribute on a pro rata
   78  earned premium basis the money necessary to meet any such
   79  unfilled obligations.” If the application is signed by the
   80  applicant, it must be conclusively presumed that there was an
   81  informed, knowing acceptance of the assessment liability that
   82  exists as a result of participation in the fund.
   83         Section 3. Subsection (6) of section 631.904, Florida
   84  Statutes, is amended to read:
   85         631.904 Definitions.—As used in this part, the term:
   86         (6) “Self-insurance fund” means a group self-insurance fund
   87  authorized under s. 624.4621, a commercial self-insurance fund
   88  writing workers’ compensation insurance authorized under s.
   89  624.462, or an assessable mutual insurer authorized under s.
   90  628.6011. For purposes of this act, “self-insurance fund” does
   91  not include a qualified local government self-insurance fund, as
   92  defined in s. 624.4622, an independent educational institution
   93  self-insurance fund as defined in s. 624.4623, an electric
   94  cooperative self-insurance fund as defined in s. 624.4626, or an
   95  individual self-insurer as defined in s. 440.385.
   96         Section 4. This act shall take effect July 1, 2009.