December 06, 2019
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The Florida Statutes

The 2001 Florida Statutes

Title XXXVII
Insurance
Chapter 624
Insurance Code: Administration And General Provisions
View Entire Chapter
Section 624.442, Florida Statutes 2001

624.442  Annual reports; actuarial certification; quarterly reports; penalties.--

(1)  Every arrangement shall, annually within 3 months after the end of the fiscal year or within such extension of time therefor as the department for good cause may grant, file a report with the department, on forms prescribed by the department, verified by the oath of a member of the board of trustees and by an administrative executive appointed by the board, showing its condition on the last day of the preceding fiscal year. The report shall contain an audited financial statement of the arrangement prepared in accordance with statutory accounting principles, including its balance sheet and a statement of operations for the preceding year certified by an independent certified public accountant. The report shall also include an analysis of the adequacy of reserves and contributions or premiums charged, based on a review of past and projected claims and expenses.

(2)  In addition to information called for and furnished in connection with the annual report, if reasonable grounds exist, the department may request information which summarizes paid and incurred expenses, and contributions or premiums received, and may request evidence satisfactory to the department that the arrangement is actuarially sound. Such information and evidence shall be furnished to the department by the arrangement as soon as reasonably possible after requested by the department, but not later than 30 days after such request, unless the department, for good cause, grants an extension.

(3)  Annually, in conjunction with the annual report required by subsection (1), each arrangement shall submit an actuarial certification prepared by an independent actuary certifying that:

(a)  The arrangement is actuarially sound. The certification shall consider the rates, benefits, and expenses of, and any other funds available for the payment of the obligations of, the arrangement.

(b)  The rates being charged and to be charged for contracts are actuarially adequate through the end of the period for which rates have been guaranteed.

(c)  Incurred but not reported claims and claims reported but not fully paid have been adequately provided for.

(d)  Such other information relating to the performance of the arrangement as the department requires.

(4)  Each arrangement shall file quarterly, within 45 days after the end of each of its four quarterly reporting periods, an unaudited financial statement of the arrangement on forms prescribed by the department, verified according to the best of their information, knowledge, and belief by the oath of a member of the board of trustees and by an administrative executive appointed by the board showing its condition on the last day of the preceding quarter.

(5)  Any arrangement that fails to file an annual financial report, actuarial report, or quarterly financial report in the form and within the time required by this section shall forfeit to the department an amount set by order of the department which does not exceed $1,000 for each of the first 10 days of noncompliance and does not exceed $2,000 for each subsequent day of noncompliance. Upon notice by the department that the arrangement is not in compliance with this section, the arrangement's authority to enroll new enrollees or to do business in this state ceases until the department determines the arrangement to be in compliance. The department may not collect more than $100,000 under this paragraph with respect to any particular report.

(6)  All moneys collected by the department under this section shall be deposited to the credit of the Insurance Commissioner's Regulatory Trust Fund.

(7)  Each authorized arrangement must retain an independent certified public accountant, referred to in this subsection as "CPA," who agrees by written contract with the arrangement to comply with ss. 624.436-624.445. The contract must state that:

(a)  The CPA will provide to the arrangement audited financial statements consistent with ss. 624.436-624.445.

(b)  Any determination by the CPA that the arrangement does not meet the minimum surplus requirements set forth in ss. 624.436-624.445 will be stated by the CPA, in writing, in the audited financial statement.

(c)  The completed workpapers and any written communications between the CPA and the arrangement will be made available for review on a visual inspection-only basis by the department at the offices of the arrangement, the department, or any other reasonable place agreeable to both the department and the arrangement.

(d)  The CPA will retain for review the workpapers and written communications with the arrangement for not less than 6 years.

History.--s. 6, ch. 85-212; s. 1, ch. 86-286; ss. 35, 187, 188, ch. 91-108; s. 4, ch. 91-429.

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