Florida Senate - 2013                      CS for CS for SB 1408
       
       
       
       By the Committees on Appropriations; and Banking and Insurance;
       and Senator Richter
       
       
       
       576-04986-13                                          20131408c2
    1                        A bill to be entitled                      
    2         An act relating to captive insurance; replacing the
    3         term “captive insurer” with “captive insurance
    4         company” in part V of ch. 628, F.S.; amending s.
    5         628.901, F.S.; revising definitions; amending s.
    6         628.905, F.S.; expanding the risks that an industrial
    7         insured capital insurance company may insure;
    8         providing that an industrial insured captive insurance
    9         company may provide certain insurance if the company
   10         has and maintains unencumbered capital and surplus of
   11         a certain amount; amending s. 628.907, F.S.;
   12         conforming terms; amending s. 628.909, F.S.;
   13         conforming terms and requiring captive insurance
   14         companies to deposit and maintain securities for the
   15         protection of policyholders; amending ss. 628.9142,
   16         628.915, 628.917, and 628.919, F.S.; conforming terms;
   17         providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsections (8), (9), and (13) of section
   22  628.901, Florida Statutes, are amended to read:
   23         628.901 Definitions.—As used in this part, the term:
   24         (8) “Industrial insured” means an insured that:
   25         (a) Has gross assets in excess of $50 million;
   26         (b) Procures insurance through the use of a full-time
   27  employee of the insured who acts as an insurance manager or
   28  buyer or through the services of a person licensed as a property
   29  and casualty insurance agent, broker, or consultant in such
   30  person’s state of domicile;
   31         (c) Has at least 100 full-time employees; and
   32         (d) Pays annual premiums of at least $200,000 for each line
   33  of insurance purchased from the industrial insured captive
   34  insurance company insurer or at least $75,000 for any line of
   35  coverage in excess of at least $25 million in the annual
   36  aggregate. The purchase of umbrella or general liability
   37  coverage in excess of $25 million in the annual aggregate shall
   38  be deemed to be the purchase of a single line of insurance.
   39         (9) “Industrial insured captive insurance company” means a
   40  captive insurance company that provides insurance only to the
   41  industrial insureds that are its stockholders or members, and
   42  affiliates thereof, or to the stockholders, and affiliates
   43  thereof, of its parent corporation. An industrial insured
   44  captive insurance company may can also provide reinsurance to
   45  insurers only on risks written by such insurers for the
   46  industrial insureds that are the stockholders or members, and
   47  affiliates thereof, of the industrial insured captive insurance
   48  company insurer, or the stockholders, and affiliates thereof, of
   49  the parent corporation of the industrial insured captive
   50  insurance company insurer.
   51         (13) “Qualifying reinsurer parent company” means a
   52  reinsurer that which currently holds a certificate of authority,
   53  or qualifies for credit for reinsurance under s. 624.610(3), and
   54  possesses letter of eligibility or is an accredited or a
   55  satisfactory non-approved reinsurer in this state possessing a
   56  consolidated GAAP net worth of at least $500 million and a
   57  consolidated debt to total capital ratio of not greater than
   58  0.50.
   59         Section 2. Subsections (1) and (2), paragraph (b) of
   60  subsection (4), and subsection (5) of section 628.905, Florida
   61  Statutes, are amended to read:
   62         628.905 Licensing; authority.—
   63         (1) A captive insurance company insurer, if permitted by
   64  its charter or articles of incorporation, may apply to the
   65  office for a license to do any and all insurance authorized
   66  under the insurance code, other than workers’ compensation and
   67  employer’s liability, life, health, personal motor vehicle, and
   68  personal residential property insurance, except that:
   69         (a) A pure captive insurance company may not insure any
   70  risks other than those of its parent, affiliated companies,
   71  controlled unaffiliated businesses, or a combination thereof.
   72         (b) An industrial insured captive insurance company may not
   73  insure any risks other than those of the industrial insureds
   74  that comprise the industrial insured group and their affiliated
   75  companies, or its stockholders or members and affiliates thereof
   76  of the industrial insured captive, or the stockholders or
   77  affiliates of the parent corporation of the industrial insured
   78  captive insurance company.
   79         (c) A special purpose captive insurance company may insure
   80  only the risks of its parent.
   81         (d) A captive insurance company may not accept or cede
   82  reinsurance except as provided under in this part.
   83         (e) An industrial insured captive insurance company that
   84  has unencumbered capital and surplus of at least $20 million may
   85  be licensed to provide workers’ compensation and employer’s
   86  liability insurance in excess of $25 million in the annual
   87  aggregate. An industrial insured captive insurance company must
   88  maintain unencumbered capital and surplus of at least $20
   89  million in order to continue to write excess workers’
   90  compensation insurance in this state.
   91         (2) To conduct insurance business in this state, a captive
   92  insurance company insurer must:
   93         (a) Obtain from the office a license authorizing it to
   94  conduct insurance business in this state;
   95         (b) Hold at least one board of directors’ meeting each year
   96  in this state;
   97         (c) Maintain its principal place of business in this state;
   98  and
   99         (d) Appoint a resident registered agent to accept service
  100  of process and to otherwise act on its behalf in this state. In
  101  the case of a captive insurance company formed as a corporation
  102  or a nonprofit corporation, if the registered agent cannot with
  103  reasonable diligence be found at the registered office of the
  104  captive insurance company, the Chief Financial Officer is of
  105  this state must be an agent of the captive insurance company
  106  upon whom any process, notice, or demand may be served.
  107         (4) A captive insurance company or captive reinsurance
  108  company must pay to the office a nonrefundable fee of $1,500 for
  109  processing its application for license.
  110         (b) The office may charge a fee of $5 for any document
  111  requiring certification of authenticity or the signature of the
  112  office commissioner or his or her designee.
  113         (5) If the office commissioner is satisfied that the
  114  documents and statements filed by the captive insurance company
  115  comply with this chapter, the office commissioner may grant a
  116  license authorizing the company to conduct insurance business in
  117  this state until the next succeeding March 1, at which time the
  118  license may be renewed.
  119         Section 3. Subsection (1) of section 628.907, Florida
  120  Statutes, is amended to read:
  121         628.907 Minimum capital and net assets requirements;
  122  restriction on payment of dividends.—
  123         (1) A captive insurance company insurer may not be issued a
  124  license unless it possesses and thereafter maintains unimpaired
  125  paid-in capital of:
  126         (a) In the case of a pure captive insurance company, at
  127  least $100,000.
  128         (b) In the case of an industrial insured captive insurance
  129  company incorporated as a stock insurer, at least $200,000.
  130         (c) In the case of a special purpose captive insurance
  131  company, an amount determined by the office after giving due
  132  consideration to the company’s business plan, feasibility study,
  133  and pro forma financial statements and projections, including
  134  the nature of the risks to be insured.
  135         Section 4. Section 628.909, Florida Statutes, is amended to
  136  read:
  137         628.909 Applicability of other laws.—
  138         (1) The Florida Insurance Code does not apply to captive
  139  insurance companies insurers or industrial insured captive
  140  insurance companies insurers except as provided under in this
  141  part and subsections (2) and (3).
  142         (2) The following provisions of the Florida Insurance Code
  143  apply to captive insurance companies that insurers who are not
  144  industrial insured captive insurance companies insurers to the
  145  extent that such provisions are not inconsistent with this part:
  146         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
  147  624.40851, 624.4095, 624.411, 624.425, and 624.426.
  148         (b) Chapter 625, part II.
  149         (c) Chapter 626, part IX.
  150         (d) Sections 627.730-627.7405, if when no-fault coverage is
  151  provided.
  152         (e) Chapter 628.
  153         (3) The following provisions of the Florida Insurance Code
  154  apply to industrial insured captive insurance companies insurers
  155  to the extent that such provisions are not inconsistent with
  156  this part:
  157         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
  158  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
  159         (b) Chapter 625, part II, if the industrial insured captive
  160  insurance company insurer is incorporated in this state.
  161         (c) Chapter 626, part IX.
  162         (d) Sections 627.730-627.7405 if when no-fault coverage is
  163  provided.
  164         (e) Chapter 628, except for ss. 628.341, 628.351, and
  165  628.6018.
  166         Section 5. Subsection (2) of section 628.9142, Florida
  167  Statutes, is amended to read:
  168         628.9142 Reinsurance; effect on reserves.—
  169         (2) A captive insurance company may take credit for
  170  reserves on risks or portions of risks ceded to authorized
  171  insurers or reinsurers and unauthorized insurers or reinsurers
  172  complying with s. 624.610. A captive insurance company insurer
  173  may not take credit for reserves on risks or portions of risks
  174  ceded to an unauthorized insurer or reinsurer if the insurer or
  175  reinsurer is not in compliance with s. 624.610.
  176         Section 6. Section 628.915, Florida Statutes, is amended to
  177  read:
  178         628.915 Exemption from compulsory association.—
  179         (1) A No captive insurance company may not insurer shall be
  180  permitted to join or contribute financially to a any joint
  181  underwriting association or guaranty fund in this state; nor may
  182  a shall any captive insurance company insurer, its insured, or
  183  its parent or any affiliated company receive any benefit from
  184  any such joint underwriting association or guaranty fund for
  185  claims arising out of the operations of such captive insurance
  186  company insurer.
  187         (2) An No industrial insured captive insurance company may
  188  not insurer shall be permitted to join or contribute financially
  189  to a any joint underwriting association or guaranty fund in this
  190  state; nor may an shall any industrial insured captive insurance
  191  company insurer, its industrial insured, or its parent or any
  192  affiliated company receive any benefit from any such joint
  193  underwriting association or guaranty fund for claims arising out
  194  of the operations of such industrial insured captive insurance
  195  company insurer.
  196         Section 7. Section 628.917, Florida Statutes, is amended to
  197  read:
  198         628.917 Insolvency and liquidation.—If In the event that a
  199  captive insurance company insurer is insolvent as defined in
  200  chapter 631, the office shall liquidate the captive insurance
  201  company insurer pursuant to the provisions of part I of chapter
  202  631,; except that the office may shall make no attempt to
  203  rehabilitate such company insurer.
  204         Section 8. Section 628.919, Florida Statutes, is amended to
  205  read:
  206         628.919 Standards to ensure risk management control by
  207  parent company.—A pure captive insurance company must submit The
  208  Financial Services Commission shall adopt rules establishing
  209  standards to the office which ensure that a parent or affiliated
  210  company is able to exercise control of the risk management
  211  function of a any controlled unaffiliated business to be insured
  212  by the pure captive insurance company.
  213         Section 9. This act shall take effect July 1, 2013.