69O-190.067. Member's Qualifications and Responsibilities

(1) All members of a self-insurers fund shall have common interest. Different businesses which are owned or controlled by the same interests shall be eligible for membership in a self-insurers fund provided one of them is eligible.

(2) Unless the context clearly indicates to the contrary, the requirements imposed by these rules shall apply to the self-insurer as defined by section 440.02(7)(b)3., F.S. The duties, responsibilities and requirements of the members as defined by section 440.02(7)(b)2., F.S., are as provided by the indemnity agreement as specified in rule 69O-190.068, F.A.C.

(3) Self-insurers funds are authorized only to accept liability and extend coverage for injuries under chapter 440, F.S. No fund shall accept as a member any employer who is known to have United States Longshoremen and Harbor Workers Act or Jones Act exposure for which the fund may be liable. Whenever a fund determines that a member has United States Longshoremen and Harbor Workers Act or Jones Act exposure for which the fund was or may be liable, then that member shall be issued a notice of termination by the fund unless such exposure was a one time occurrence and will not be repeated or unless the member secures acceptable insurance coverage for the continuing United States Longshoremen and Harbor Workers Act or Jones Act exposure.

(4) Self-insurers funds shall use form BSI-31 to assure itself that any person claiming exemption from chapter 440, F.S., pursuant to section 440.05, F.S., is entitled to such an exemption.

Rulemaking Authority 624.4621 FS. Law Implemented 440.05, 440.09(2), 624.4621 FS. History–New 10-1-82, Amended 12-25-84, Formerly 38F-5.67, Amended 12-19-93, Formerly 38F-5.067, 4-190.067.