These rule revisions update the rules to reflect electronic filing process.

 

DEPARTMENT OF FINANCIAL SERVICES

OIR – Insurance Regulation

RULE NOS.:RULE TITLES:

69O-188.022Filing of the Commercial Self-Insurance Fund Experience Reporting Form

69O-188.023Filing of the Annual Statement by Commercial Self-Insurance Funds

69O-188.024Deficiency/Assessment Procedure

PURPOSE AND EFFECT: These rule revisions update the rules to reflect electronic filing process.

SUMMARY: The various rules indicate how forms and filings are to be made to the Office. These rule revisions update the rules to reflect the electronic fling process.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Agency personnel familiar with the subject matter of the rule amendment have performed an economic analysis of the rule amendment that shows that the rule amendment is unlikely to have an adverse impact on the State economy in excess of the criteria established in Section 120.541(2)(a), Florida Statutes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 624.308, FS.

LAW IMPLEMENTED: 624.307(1), 624.424, 624.470, 624.474, 624.488, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: April 13, 2017, 9:30 a.m.

PLACE: 116 Larson Building, 200 East Gaines Street, Tallahassee, Florida.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Robert Ridenour, Office of Insurance Regulation, E-mail [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robert Ridenour, Office of Insurance Regulation, E-mail [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69O-188.022 Filing of the Commercial Self-Insurance Fund Experience Reporting Form.

(1) No change.

(2) Each fund shall, upon filing its initial Form OIR-EX and Form OIR-IA, elect to report on either a policy year or calendar-accident year basis. Thereafter, the reporting shall be on a consistent basis from year to year. Any changes in accounting or actuarial technique used in developing data shall be approved by the Office Department. All filings shall be submitted electronically to http://www.floir.com/iportal.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 624.424,  624.470, 624.474, 624.488 FS. History–New 12-17-90, Formerly 4-78.022, 4-188.022 Amended_______________.

 

69O-188.023 Filing of the Annual Statement by Commercial Self-Insurance Funds.

(1) Each commercial self-insurance fund shall submit electronically to http://www.floir.com/iportal. comply with Rule Chapter 69O-137, F.A.C., Insurer Annual Statement-Diskette Filing Specifications. For the purpose of complying with Rule Chapter 69O-137, F.A.C., a commercial self-insurance fund shall be considered an authorized insurer, except that the fund’s annual statement shall be due on or before April 1 of each year.

(2) and (3) No change.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 624.424,  624.470, 624.474, 624.488 FS. History–New 12-17-90, Formerly 4-78.023, 4-188.023, Amended____________.

 

69O-188.024 Deficiency/Assessment Procedure.

(1) thru (3) No change.

(4) The fund may petition the Office within thirty (30) days of filing Forms OIR-EX and OIR-IA, to delay levying an assessment if it believes to do so is prudent. The Office shall grant the petition if the fund demonstrates to the satisfaction of the Office that the deficiency indicated on Form OIR-EX is likely to be resolved without an assessment. While such petition is under consideration by the Office, the sixty (60) day requirement in subsection 69O-188.024(1), F.A.C., shall not be applicable. However, if such petition is denied by the Office, the fund shall levy the assessment within sixty (60) days of such denial. All forms shall be submitted electronically to http://www.floir.com/iportal.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 624.424,  624.470, 624.474, 624.488 FS. History–New 12-17-90, Formerly 4-78.024, 4-188.024, Amended______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Robert Ridenour, Office of Insurance Regulation, E-mail [e-mail].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: THE FINANCIAL SERVICES COMMISSION

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 23, 2017