HB 845

1
A bill to be entitled
2An act relating to self-insurance funds; creating s.
3624.4626, F.S.; authorizing certain electric cooperatives
4to operate a self-insurance fund for certain purposes;
5providing requirements; subjecting such funds to certain
6assessments; exempting such funds from certain group self-
7insurance fund requirements under certain circumstances;
8amending s. 631.904, F.S.; revising the definition of
9"self-insurance fund" under the Florida Workers'
10Compensation Insurance Guaranty Association Act to exclude
11certain types of self-insurance funds; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 624.4626, Florida Statutes, is created
17to read:
18     624.4626  Electric cooperative self-insurance fund.--
19     (1)  Notwithstanding any other provision of law, any two or
20more electric cooperatives organized pursuant to chapter 425 may
21operate a self-insurance fund for the purpose of pooling and
22spreading liabilities of its group members in securing the
23payment of benefits under chapter 440, provided the self-
24insurance fund must:
25     (a)  Require that every member of the fund is jointly and
26severally liable for the obligations of the fund.
27     (b)  Maintain a continuing program of excess insurance
28coverage and reserve evaluation to protect the financial
29stability of the fund in an amount and manner determined by a
30qualified and independent actuary.
31     (c)  Subscribe to, or be a member of, a rating organization
32as prescribed in s. 627.231.
33     (d)  Have its year-end financial statement audited by an
34independent certified public accountant within 6 months after
35the end of the fiscal year.
36     (e)  Have a governing body which is comprised of a
37representative from each member of the fund.
38     (f)  Limit membership in the fund to electric cooperatives
39that operate in this state, their subsidiaries, and the current
40members of the Florida Rural Electric Self-Insurer's Fund.
41     (g)  At renewal, provide the members of the fund a
42disclosure statement that notifies the members that the fund is
43not regulated by the office.
44     (2)  A self-insurance fund that meets the requirements of
45this section is subject to the assessments set forth in s.
46624.4621(7), but is not subject to any other provision of s.
47624.4621 and is not required to file any report with the
48department under s. 440.38(2)(b) which is uniquely required of
49group self-insurer funds qualified under s. 624.4621.
50     Section 2.  Subsection (6) of section 631.904, Florida
51Statutes, is amended to read:
52     631.904  Definitions.--As used in this part, the term:
53     (6)  "Self-insurance fund" means a group self-insurance
54fund authorized under s. 624.4621, a commercial self-insurance
55fund writing workers' compensation insurance authorized under s.
56624.462, or an assessable mutual insurer authorized under s.
57628.6011. For purposes of this act, the term "self-insurance
58fund" does not include a qualified local government self-
59insurance fund, as defined in s. 624.4622, an independent
60educational institution self-insurance fund as defined in s.
61624.4623, an electric cooperative self-insurance fund as
62described in s. 624.4626, or an individual self-insurer as
63defined in s. 440.385.
64     Section 3.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.