Section 627.944, Florida Statutes 2001
627.944 Risk retention groups not certificated in this state.--Risk retention groups certificated or licensed in states other than this state and seeking to do business as a risk retention group in this state must observe and abide by the laws of this state as follows:
(1) NOTICE OF OPERATIONS AND DESIGNATION OF COMMISSIONER AS AGENT.--Before offering insurance in this state, a risk retention group shall submit to the department:
(a) A statement identifying the state or states in which the risk retention group is certificated or licensed as a liability insurance company, date of certification or licensing, its principal place of business, and such other information, including information on its membership, as the department may require to verify that the risk retention group is qualified as a risk retention group under the provisions of this part.
(b) A copy of its plan of operations or a feasibility study and revisions of such plan or study submitted to its state of domicile; provided, however, that the provision relating to the submission of a plan of operation or a feasibility study shall not apply with respect to any line or classification of liability insurance which was defined in the Product Liability Risk Retention Act of 1981 before October 27, 1986, and which was offered before such date by any risk retention group which had been certificated or licensed and operating for not less than 3 years before such date.
(c) A statement of registration which designates the Insurance Commissioner and Treasurer or her or his designee as its agent for the purpose of receiving service of legal documents of process.
(2) FINANCIAL CONDITION.--Any risk retention group doing business in this state shall submit to the department:
(a) A copy of the group's financial statement submitted to its state of domicile, which shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by a member of the American Academy of Actuaries or a qualified loss reserve specialist under criteria established by rule of the department after considering any criteria established by the National Association of Insurance Commissioners.
(b) A copy of each examination of the risk retention group as certified by the insurance commissioner or public official conducting the examination.
(c) Upon request by the department, a copy of any audit performed with respect to the risk retention group.
(d) Such information as may be required to verify its continuing qualification as a risk retention group under the provisions of this part.
(3) TAXATION.--All premiums paid for insurance or coverages on risks located within this state to a risk retention group shall be subject to taxation at the same rate and subject to the same interest, fines, and penalties for nonpayment as that applicable to eligible surplus lines insurers. Each agent utilized in any transaction shall report and pay the taxes for the premiums for risks which they have placed with or on behalf of a risk retention group not certificated in this state. In the event that an agent fails to pay the tax, each risk retention group shall pay the tax for insured or covered risks located within this state. Further, each risk retention group shall report all premiums paid to it for insured or covered risks located within this state.
(4) COMPLIANCE WITH UNFAIR CLAIM SETTLEMENT PRACTICES LAW.--Any risk retention group, its agents, and its representatives shall comply with the unfair claim settlement practices law of this state as set forth in s. 626.9541(1)(i).
(5) DECEPTIVE, FALSE, OR FRAUDULENT PRACTICES.--Any risk retention group shall comply with and be subject to the laws of this state regarding deceptive, false, or fraudulent acts or practices, including the provisions of part IX of chapter 626. If the department seeks an injunction regarding conduct in violation of these laws, the injunction may be obtained from any Florida court of competent jurisdiction.
(6) EXAMINATION REGARDING FINANCIAL CONDITION.--Any risk retention group must submit to an examination by the department to determine its financial condition if the insurance commissioner of the jurisdiction in which the group is certificated or licensed has not initiated an examination or does not initiate an examination within 30 days after a request by the department. Any examination shall be coordinated to avoid unjustified repetition and conducted in an expeditious manner.
(7) NOTICE TO PURCHASERS.--Any policy issued by a risk retention group shall contain in 10-point type on the front page and the declaration page, the following provision:
"Notice, this policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state. State insurance insolvency guaranty funds are not available for your risk retention group."
(8) PROHIBITED ACTS REGARDING SOLICITATION OR SALE.--The following acts by a risk retention group are hereby prohibited:
(a) The solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership in the group.
(b) The solicitation or sale of insurance by, or operation of, a risk retention group that is in a hazardous financial condition or is financially impaired.
(9) PROHIBITED OWNERSHIP BY AN INSURANCE COMPANY.--No risk retention group shall be allowed to do business in this state if an insurer is directly or indirectly a member or owner of the risk retention group, other than in the case of a risk retention group all of whose members are insurers.
(10) PROHIBITED COVERAGE.--No risk retention group may offer insurance coverage prohibited by the Florida Insurance Code or declared unlawful by the highest court of this state.
(11) DELINQUENCY PROCEEDINGS.--A risk retention group not domiciled in this state but doing business in this state shall comply with a lawful order issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by the department if there has been a finding of financial impairment after an examination under subsection (6).
(12) UTILIZATION OF AGENT.--A risk retention group shall utilize an agent licensed and appointed in this state in order to solicit, transact, underwrite, or provide insurance on a risk of a group member, which risk is located in this state.
History.--ss. 2, 5, ch. 87-282; s. 133, ch. 91-108; s. 114, ch. 92-318; s. 374, ch. 97-102; s. 66, ch. 2001-63.