Florida Senate - 2017 SB 850 By Senator Rouson 19-01324-17 2017850__ 1 A bill to be entitled 2 An act relating to public housing authority insurance; 3 amending s. 624.46226, F.S.; authorizing a certain 4 legal entity in which a public housing authority holds 5 an ownership interest or participates in its 6 governance to form a specified self-insurance fund 7 with other such entities or public housing 8 authorities; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (1) of section 624.46226, Florida 13 Statutes, is amended to read: 14 624.46226 Public housing authorities self-insurance funds; 15 exemption for taxation and assessments.— 16 (1) Notwithstanding any other provision of law, any two or 17 more public housing authorities in the state as defined in 18 chapter 421, or a for-profit or not-for-profit corporation, 19 limited liability company, or other similar business entity in 20 which a public housing authority holds an ownership interest or 21 participates in its governance under s. 421.08(8), may form a 22 self-insurance fund for the purpose of pooling and spreading 23 liabilities of its members as to any one or combination of 24 casualty risk or real or personal property risk of every kind 25 and every interest in such property against loss or damage from 26 any hazard or cause and against any loss consequential to such 27 loss or damage, provided the self-insurance fund that is 28 created: 29 (a) Has annual normal premiums in excess of $5 million. 30 (b) Uses a qualified actuary to determine rates using 31 accepted actuarial principles and annually submits to the office 32 a certification by the actuary that the rates are actuarially 33 sound and are not inadequate, as defined in s. 627.062. 34 (c) Uses a qualified actuary to establish reserves for loss 35 and loss adjustment expenses and annually submits to the office 36 a certification by the actuary that the loss and loss adjustment 37 expense reserves are adequate. If the actuary determines that 38 reserves are not adequate, the fund shall file with the office a 39 remedial plan for increasing the reserves or otherwise 40 addressing the financial condition of the fund, subject to a 41 determination by the office that the fund will operate on an 42 actuarially sound basis and the fund does not pose a significant 43 risk of insolvency. 44 (d) Maintains a continuing program of excess insurance 45 coverage and reserve evaluation to protect the financial 46 stability of the fund in an amount and manner determined by a 47 qualified and independent actuary. At a minimum, this program 48 must: 49 1. Purchase excess insurance from authorized insurance 50 carriers or eligible surplus lines insurers. 51 2. Retain a per-loss occurrence that does not exceed 52 $350,000. 53 (e) Submits to the office annually an audited fiscal year 54 end financial statement by an independent certified public 55 accountant within 6 months after the end of the fiscal year. 56 (f) Has a governing body which is comprised entirely of 57 commissioners of public housing authorities that are members of 58 the public housing authority self-insurance fund or persons 59 appointed by the commissioners of public housing authorities 60 that are members of the public housing authority self-insurance 61 fund. 62 (g) Uses knowledgeable persons or business entities to 63 administer or service the fund in the areas of claims 64 administration, claims adjusting, underwriting, risk management, 65 loss control, policy administration, financial audit, and legal 66 areas. Such persons must meet all applicable requirements of law 67 for state licensure and must have at least 5 years’ experience 68 with commercial self-insurance funds formed under s. 624.462, 69 self-insurance funds formed under s. 624.4622, or domestic 70 insurers. 71 (h) Submits to the office copies of contracts used for its 72 members that clearly establish the liability of each member for 73 the obligations of the fund. 74 (i) Annually submits to the office a certification by the 75 governing body of the fund that, to the best of its knowledge, 76 the requirements of this section are met. 77 Section 2. This act shall take effect July 1, 2017.