§ 128.315. Pooling of losses between participants.

(a)

The Self-Insurance Program is authorized to implement the pooling of Workers' Compensation losses among the Participants. As a result of the applicability of sovereign immunity and the tort liability caps of F.S. § 768.28, there shall be no pooling of General Liability and Automobile Liability losses in the Self-Insurance Program.

(b)

Beginning in fiscal year which starts on October 1, 2018, and going forward, unless and until an election is made to do otherwise, the election shall be that Participants in the Self-Insurance Program will not pool or share Workers' Compensation losses.

(c)

If an election is made by the Director to begin pooling of Workers' Compensation losses among Participants for any fiscal year after the year starting October 1, 2018, notice of the intent to begin pooling of Workers' Compensation losses and of the methodology to be utilized must be given to all Participants prior to the conclusion of the Division's budgeting process for the year prior to the year when pooling is to begin. In addition, in advance of any implementation of any Workers' Compensation loss pooling plan, there will be a meeting to discuss the proposed pooling mechanism to which representatives of all Participants will be invited.

(d)

Any pooling of Workers' Compensation losses among Participants following an election to reinstate pooling of Workers' Compensation losses shall only apply to Workers' Compensation losses arising out of occurrences which take place after the election to adopt the pooling mechanism has been made. There shall be no retroactive pooling of Workers' Compensation losses arising out of occurrences which take place in fiscal years prior to the election to reinstate a Workers' Compensation loss pooling mechanism.

(Ord. 2018-380-E , § 2)