reglab/housing_qa huggingface dataset:
FL Stat § 631.828 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part IV - Health Maintenance Organization Consumer Assistance Plan (Ss. 631.811-631.828)|631.828 - Assessments against member HMOs; income tax credit for assessments paid.

631.828 Assessments against member HMOs; income tax credit for assessments paid.—Any provisions of the law to the contrary notwithstanding, a member HMO may offset against its corporate income tax liability or other liabilities, on an individual or consolidated basis, as applicable, any assessment described in s. 631.819 to the extent of 20 percent of the amount of such assessment for each of the 5 calendar years following the year in which such assessment was paid.History.—ss. 1, 23, ch. 88-388; ss. 184, 187, 188, ch. 91-108; s. 4, ch. 91-429.
FL Stat § 631.901 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.901 - Title.

631.901 Title.—This part may be cited as the “Florida Workers’ Compensation Insurance Guaranty Association Act.”History.—s. 20, ch. 97-262.
FL Stat § 631.902 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.902 - Purposes.

631.902 Purposes.—The purposes of this part are to:(1) Create a not-for-profit Florida Workers’ Compensation Insurance Guaranty Association, Incorporated, to provide a mechanism for the payment of covered claims under chapter 440 to avoid excessive delay in payment and to avoid financial loss to claimants because of the insolvency of a member insurer.(2) Assist in the detection and prevention of insurer insolvencies.(3) Allocate the cost of such protection among the insurers.(4) Provide for the prompt payment by the corporation of workers’ compensation claims incurred by insolvent insurers.History.—s. 20, ch. 97-262.
FL Stat § 631.903 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.903 - Construction.

631.903 Construction.—The statutes controlling the corporation shall be construed liberally to achieve the purposes stated in s. 631.902. The corporation shall perform its functions under a plan of operation established by its board of directors and approved by the department.History.—s. 20, ch. 97-262.
FL Stat § 631.911 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.911 - Creation of the Florida Workers’ Compensation Insurance Guaranty Association, Incorporated; merger; effect of merger.

631.911 Creation of the Florida Workers’ Compensation Insurance Guaranty Association, Incorporated; merger; effect of merger.—(1)(a) The Florida Self-Insurance Fund Guaranty Association established in former part V of chapter 631 and the workers’ compensation insurance account, which includes excess workers’ compensation insurance, established in former s. 631.55(2)(a) shall be merged, in accordance with the plan of operation adopted by the interim board of directors. The successor nonprofit corporation shall be known as the “Florida Workers’ Compensation Insurance Guaranty Association, Incorporated.”(b) Upon the effective date of the merger:1. The Florida Self-Insurance Fund Guaranty Association and the workers’ compensation insurance account within the Florida Insurance Guaranty Association cease to exist and are succeeded by the Florida Workers’ Compensation Insurance Guaranty Association.2. Title to all assets of any description, all real estate and other property, or any interest therein, owned by each party to the merger is vested in the successor corporation without reversion or impairment.3. The successor corporation shall be responsible and liable for all the liabilities and obligations of each party to the merger.4. Any claim existing or action or proceeding pending by or against any party to the merger may be continued as if the merger did not occur or the successor corporation may be substituted in the proceeding for the corporation or account which ceased existence.5. Neither the rights of creditors nor any liens upon the property of any party to the merger shall be impaired by such merger.6. Outstanding assessments levied by the Florida Self-Insurance Guaranty Association or the Florida Insurance Guaranty Association on behalf of the workers’ compensation insurance account remain in full force and effect and shall be paid when due.(2) All insurers must be members of the corporation as a condition of their authority to offer workers’ compensation coverage in this state. An insurer must reimburse the corporation for all funds advanced to the insurer and all claim payments the insurer makes on the insured’s behalf if the insurer, having been placed in rehabilitation receivership, is subsequently rehabilitated.(3) The corporation shall perform its functions under a plan of operation and shall exercise its powers through a board of directors. Upon adoption of a plan of operation for the corporation, the board shall manage the Florida Workers’ Compensation Insurance Guaranty Association Account.(4) The corporation has all powers granted or allowed to not-for-profit corporations under chapter 617, in addition to other powers granted in this section.History.—s. 20, ch. 97-262; s. 84, ch. 2000-154; s. 69, ch. 2001-63; s. 1372, ch. 2003-261.
FL Stat § 631.912 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.912 - Board of directors.

631.912 Board of directors.—(1) The board of directors of the corporation shall consist of 11 persons, 1 of whom is the insurance consumer advocate appointed under s. 627.0613 or designee and 1 of whom is designated by the Chief Financial Officer. The department shall appoint to the board 6 persons selected by private carriers from among the 20 workers’ compensation insurers with the largest amount of direct written premium as determined by the department, and 2 persons selected by the self-insurance funds. The Governor shall appoint one person who has commercial insurance experience. At least two of the private carriers shall be foreign carriers authorized to do business in this state. The board shall elect a chairperson from among its members. The Chief Financial Officer may remove any board member for cause. Each board member shall be appointed to serve a 4-year term and may be reappointed. A vacancy on the board shall be filled for the remaining period of the term in the same manner by which the original appointment was made.(2) Members of the board may be reimbursed from the assets of the corporation for actual and reasonable out-of-pocket expenses incurred by them as members of the board of directors; however, members of the board may not otherwise be compensated by the corporation for their services.(3) Any board member who is employed by, or has a material relationship with, an insurer in receivership shall be terminated as a board member, effective as of the date of the entry of the order of receivership.History.—s. 20, ch. 97-262; s. 3, ch. 2003-108; s. 1373, ch. 2003-261; s. 11, ch. 2011-226; s. 10, ch. 2014-103; s. 6, ch. 2020-54.
FL Stat § 631.916 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.916 - Plan of operation.

631.916 Plan of operation.—The board of directors shall prepare and submit to the department a plan of operation and any amendments to the plan which are necessary or suitable to assure the fair, reasonable, and equitable administration of the corporation. The plan of operation and any amendments to the plan shall become effective unless disapproved in writing by the department within 30 days after receipt. If the corporation fails to submit a plan of operation within 90 days after the appointment of the new board, the department shall implement a plan of operation which will be effective until the board submits a plan of operation. The plan of operation prepared by the board is subject to periodic review by the department. All member insurers shall comply with the approved plan of operation. The plan of operation must, in addition to the requirements enumerated elsewhere in this part:(1) Establish procedures for handling the assets of the corporation.(2) Establish regular places and times for meetings of the board of directors.(3) Establish procedures for keeping records of all financial transactions of the corporation, its agents, and the board of directors.(4) Establish procedures for levying and collecting assessments and deficiency surcharges.(5) Establish procedures to allow injured workers to make claims and to adjust and pay such claims.(6) Establish additional provisions necessary or proper for executing the powers and duties of the association.History.—s. 20, ch. 97-262.
FL Stat § 631.917 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.917 - Prevention of insolvencies.

631.917 Prevention of insolvencies.—To aid in the detection and prevention of insolvencies or impairments:(1)(a) The board may make reasonable and lawful investigation into the practices of any third-party administrator or service company for a self-insurance fund declared insolvent by the court.(b) If the results of an investigation reasonably lead to a finding that certain actions taken or not taken by those handling, processing, or preparing covered claims for payment or other benefit pursuant to any workers’ compensation insurance policy contributed to the insolvency of an insurer, such information may, in the discretion of the board, be provided to the department or office in an expedited manner.(2) The board of directors may make reports and recommendations to the department or office upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer or germane to the solvency of any insurer seeking to do insurance business in this state.(3) The board of directors, in its discretion, may notify the office of any information indicating that any member insurer may be an impaired or insolvent insurer.(4) The board of directors, in its discretion, may request that the office order an examination of any member insurer which the board in good faith believes may be an impaired or insolvent insurer. Within 30 days after receipt of such a request, the office shall begin such an examination. The examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by such persons as the office designates. The cost of such examination shall be paid by the corporation, and the examination report shall be treated in a manner similar to other examination reports pursuant to s. 624.319. In no event may such examination report be released to the board of directors before its release to the public, but this requirement does not preclude the office from complying with s. 631.398(2). The office shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the office.(5) The board is authorized to assist and aid the department or office, in any manner consistent with existing laws and this chapter, in the department’s or office’s investigation or referral for prosecution of those whose action or inaction may have contributed to the impairment or insolvency of the insurer.(6) The board may make recommendations to the office for the detection and prevention of insurer insolvencies.History.—s. 20, ch. 97-262; s. 1374, ch. 2003-261.
FL Stat § 631.918 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.918 - Immunity.

631.918 Immunity.—There is no liability on the part of, and a cause of action may not arise against, the corporation, its agents or employees, or members of its board of directors, the Chief Financial Officer, or the department or office or their agents or employees, for any action taken by them in the performance of their powers and duties under this section, unless such action is found to be a violation of antitrust laws, was in bad faith, or was undertaken with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.History.—s. 20, ch. 97-262; s. 1375, ch. 2003-261.
FL Stat § 631.919 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.919 - Prohibited advertisement of solicitation.

631.919 Prohibited advertisement of solicitation.—A person may not make, publish, disseminate, advertise, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in any print, television, or broadcast media, or in any circular, letter, pamphlet, or publication of any kind, a statement or announcement that uses the existence of the Florida Workers’ Compensation Insurance Guaranty Association, Incorporated, to induce an employer to purchase membership in or insurance from a member insurer.History.—s. 20, ch. 97-262.
FL Stat § 631.921 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.921 - Department powers.

631.921 Department powers.—The corporation shall be subject to examination by the department. By March 1 of each year, the board of directors shall cause a financial report to be filed with the department for the immediately preceding calendar year in a form approved by the department.History.—s. 20, ch. 97-262.
FL Stat § 631.922 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.922 - Liability of members of an impaired self-insurance fund for unpaid claims.

631.922 Liability of members of an impaired self-insurance fund for unpaid claims.—This act may not be construed to reduce the liability of a member of an impaired self-insurance fund for the member’s liability under s. 624.4621 or s. 624.476.History.—s. 20, ch. 97-262.
FL Stat § 631.923 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.923 - Effect of paid claims.

631.923 Effect of paid claims.—(1) Any person who recovers under this part is considered to have assigned his or her rights under the policy to the corporation to the extent of his or her recovery from the corporation. Every insured or claimant seeking the protection of this part shall cooperate with the corporation to the same extent as the insured or claimant would have been required to cooperate with the insolvent insurer. The corporation has no cause of action against the insured of the insolvent insurer for any sums the insured has paid out except such causes of action as the insolvent insurer would have had if the sums had been paid by the insolvent insurer.(2) The receiver, liquidator, or statutory successor of an insolvent insurer is bound by settlements of covered claims by the corporation. The court having jurisdiction shall grant such claims priority equal to that to which the claimant would have been entitled, in the absence of this part, against the assets of the insolvent insurer. The expenses of the association or similar organization in handling claims must be accorded the same priority as the liquidator’s expenses.(3) The corporation shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the corporation and estimates of anticipated claims on the corporation, which shall preserve the rights of the corporation against the assets of the insolvent insurer.(4) Any release of the corporation and its insured must clearly state whether or not any claim filed with the receiver in excess of the liability of the corporation under s. 631.57 is waived.History.—s. 20, ch. 97-262.
FL Stat § 631.924 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.924 - Stay of proceedings; reopening of default judgments.

631.924 Stay of proceedings; reopening of default judgments.—All proceedings in which the insolvent insurer or self-insurance fund is a party or is obligated to defend a party in any court or before any quasi-judicial body or administrative board in this state must be stayed for 6 months, or such additional period from the date the insolvency is adjudicated, by a court of competent jurisdiction to allow proper defense by the association of all pending causes of action as to any covered claims. The stay may be extended for a period of time greater than 6 months upon proper application to a court of competent jurisdiction. The association, either on its own behalf or on behalf of the insured, may apply to have any judgment, order, decision, verdict, or finding based on the default of the insolvent insurer or self-insurance fund or its failure to defend an insured set aside by the same court or administrator that made the judgment, order, decision, verdict, or finding and may defend against the claim on the merits. If the association so requests, the stay of proceedings may be shortened or waived.History.—s. 20, ch. 97-262; s. 7, ch. 2003-267.
FL Stat § 631.926 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.926 - Attorney’s fees.

631.926 Attorney’s fees.—The provisions of s. 627.428 providing for an attorney’s fee are inapplicable to any claim presented to the corporation under this part, unless the corporation denies, by affirmative action other than delay, a covered claim or a portion thereof.History.—s. 20, ch. 97-262.
FL Stat § 631.927 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.927 - Assumption of liability.

631.927 Assumption of liability.—Notwithstanding s. 631.913, the corporation shall assume the liability for the payment of the workers’ compensation indemnity and medical benefits that are due to claimants covered by the Certified Pulpwood Dealers Self-Insurers Fund. The corporation shall assess the former members of the Certified Pulpwood Dealers Self-Insurers Fund pursuant to the provisions of this act.History.—s. 20, ch. 97-262.
FL Stat § 631.928 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.928 - Florida Workers’ Compensation Insurance Guaranty Association Account.

631.928 Florida Workers’ Compensation Insurance Guaranty Association Account.—Notwithstanding the provisions of s. 215.3207, the Florida Workers’ Compensation Insurance Guaranty Association Account is hereby created, to be managed by the Florida Workers’ Compensation Insurance Guaranty Association. Funds shall be credited to the fund as provided in chapter 93-415, Laws of Florida, or similar legislation, to be used for the purposes set forth therein.History.—s. 1, ch. 93-424; s. 23, ch. 97-262.Note.—Former s. 631.996.
FL Stat § 631.929 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.929 - Election of remedies.

631.929 Election of remedies.—An injured worker who has a date of accident which occurred before January 1, 1994, and is not receiving benefits due under chapter 440 due to the insolvency of a self-insurance fund or its successors, regardless of the date declared insolvent by the court, may elect to seek medical care, treatment, and attendance, and compensation required under ss. 440.15 and 440.16 from the corporation and forego the remedy to seek benefits from his or her employer or the insolvent self-insurance fund. An employee who so elects may be required to obtain medical care, treatment, and attendance through a managed care plan comporting with the requirement of s. 440.134 if the plan of operation so provides. An injured worker has 60 days to seek benefits from the corporation upon ratification by the corporation of his or her right to elect a remedy under this part. If the injured worker elects to pursue his or her remedy under the provisions of this part, the corporation may, with the agreement of the injured employee, pay a lump-sum payment in exchange for the corporation’s and employer’s release from liability for future medical and compensation expenses, as well as any other benefit provided under chapter 440. However, there shall be no entitlement to attorney’s fees, penalties, interest, or costs to be paid on any claim presented to the corporation under this part. This section shall not create any cause of action against any employer who purchased workers’ compensation insurance coverage pursuant to s. 440.38.History.—s. 24, ch. 97-262; s. 45, ch. 99-7.
FL Stat § 631.931 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.931 - Reports and recommendations by board; public records exemption.

631.931 Reports and recommendations by board; public records exemption.—Reports and recommendations made by the Board of Directors of the Florida Workers’ Compensation Insurance Guaranty Association under s. 631.917 upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the termination of a delinquency proceeding.History.—s. 1, ch. 93-423; s. 389, ch. 96-406; ss. 25, 27, ch. 97-262; s. 1376, ch. 2003-261.Note.—Former s. 631.997.
FL Stat § 631.932 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)|631.932 - Negotiations; public meetings and records exemptions.

631.932 Negotiations; public meetings and records exemptions.—Negotiations held between an insurer and the Florida Workers’ Compensation Insurance Guaranty Association are exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution. Documents related to such negotiations that reveal identifiable payroll and loss and individual claim information are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.History.—s. 2, ch. 93-423; s. 390, ch. 96-406; ss. 26, 27, ch. 97-262.Note.—Former s. 631.998.