Fla. Stat. § 641.35
(1) ASSETS.--In any determination of the financial condition of a health maintenance organization, there shall be allowed as "assets" only those assets that are owned by the health maintenance organization and which assets consist of:
(b) Investments, securities, properties, and loans acquired or held in accordance with this part, and in connection therewith the following items:
1. Interest due or accrued on any bond or evidence of indebtedness which is not in default and which is not valued on a basis including accrued interest.
2. Declared and unpaid dividends on stock and shares, unless the amount of the dividends has otherwise been allowed as an asset.
3. Interest due or accrued upon a collateral loan which is not in default in an amount not to exceed 1 year's interest thereon.
4. Interest due or accrued on deposits or certificates of deposit in solvent banks, savings and loan associations, and trust companies domiciled in the United States, and interest due or accrued on other assets, if such interest is in the judgment of the department a collectible asset.
5. Interest due or accrued on current mortgage loans, in an amount not exceeding in any event the amount, if any, of the excess of the value of the property less delinquent taxes thereon over the unpaid principal; but in no event shall interest accrued for a period in excess of 90 days be allowed as an asset.
6. Rent due or accrued on real property if such rent is not in arrears for more than 3 months. However, in no event shall rent accrued for a period in excess of 90 days be allowed as an asset.
7. The unaccrued portion of taxes paid prior to the due date on real property.
(2) ASSETS NOT ALLOWED.--In addition to assets impliedly excluded by the provisions of subsection (1), the following assets expressly shall not be allowed as assets in any determination of the financial condition of a health maintenance organization:
(d) Leasehold improvements, nonmedical libraries, stationery, literature, and nonmedical supply inventories, except that leasehold improvements made prior to October 1, 1985, shall be allowed as an asset and shall be amortized over the shortest of the following periods:
1. The life of the lease.
2. The useful life of the improvements.
3. The 3-year period following October 1, 1985.
(i) Any note, account receivable, advance, or other evidence of indebtedness, or investment in:
1. The parent of the health maintenance organization;
2. Any entity directly or indirectly controlled by the health maintenance organization parent; or
3. An affiliate of the parent or the health maintenance organization, except as allowed in subsections (11) and (12). The department may, however, allow all or a portion of such asset, at values to be determined by the department, if deemed by the department to be available for the payment of losses and claims.
(3) LIABILITIES.--In any determination of the financial condition of a health maintenance organization, liabilities to be charged against its assets shall include:
(5) ELIGIBLE INVESTMENTS.--
(6) GENERAL QUALIFICATIONS.--
(8) EXCESSIVE COMMISSIONS AND CERTAIN INTERESTS PROHIBITED.--
(b) No health maintenance organization shall knowingly invest in or loan upon any property, directly or indirectly, whether real or personal, in which any officer or director of the organization has a financial interest, nor shall any organization make a loan of any kind to any officer or director of the organization, except that:
1. This paragraph shall not apply to loans in circumstances in which the financial interest of the officer or director is only nominal, trifling, or so remote as not to give rise to a conflict of interest; and
2. In any case, the department may approve a transaction between an organization and its officers or directors under this paragraph if it is satisfied that:
a. The transaction is entered into in good faith for the advantage and benefit of the organization,
b. The amount of the proposed investment or loan does not violate any other provision of this part or exceed the reasonable, normal value of the property or the interest which the company proposed to acquire,
c. The transaction is otherwise fair and reasonable, and
d. The transaction will not adversely affect, to any substantial degree, the liquidity of the organization's investments or its ability thereafter to comply with requirements of this part or the payment of its claims and obligations.
(9) SURPLUS AND DEPOSIT RESTRICTIONS.--Every health maintenance organization must maintain an amount equal to its required minimum surplus in coin or currency of the United States on hand or on deposit in any solvent national or state bank, savings and loan association, or trust company or in eligible securities or obligations as follows:
(a) Nondemand obligations of certain financial institutions.--Direct, unconditional nondemand obligations for the payment of money issued by a solvent bank or by a mutual savings bank or trust company, savings and loan, building and loan, or credit union, subject to the following:
1. The financial institution is solvent.
2. The financial institution is incorporated under the laws of the United States or of any state thereof.
3. The obligations are of the type which are insured by an agency of the United States.
4. The investment is in the name of and owned by the health maintenance organization, unless the account is under a trusteeship with the organization named as the beneficiary.
(d) Obligations of a state.--Direct, general obligations of any state of the United States for the payment of money, or obligations for the payment of money to the extent guaranteed or insured as to the payment of principal and interest by full faith and credit of any state of the United States, on the following conditions:
1. The state has the power to levy taxes for the prompt payment of the principal and interest of such obligations.
2. The state is not in default in the payment of principal or interest on any of its direct, guaranteed, or insured general obligations at the date of such investment.
(e) Obligations of political subdivisions of a state.--Direct, general obligations of any political subdivision of any state of the United States for the payment of money, or obligations for the payment of money to the extent guaranteed as to the payment of principal and interest by any political subdivision of any state of the United States, on the following conditions:
1. The obligations are payable or guaranteed from ad valorem taxes.
2. The political subdivision is not in default in the payment of principal or interest on any of its direct or guaranteed obligations.
3. No investment shall be made under this paragraph in obligations which are secured only by special assessments for local improvements.
(10) PROPERTY USED IN THE HEALTH MAINTENANCE ORGANIZATION'S BUSINESS.--Real estate, including leasehold estates, for the convenient accommodation of the organization's business operations, including home office, branch administrative offices, hospitals, medical clinics, medical professional buildings, and any other facility to be used in the provision of health care services, or real estate for rental to any health care provider under contract with the organization to provide health care services which shall be used in the provision of health care services to members of the organization by that provider, is acceptable as an investment on the following conditions:
(11) INVESTMENTS IN ADMINISTRATIVE AND MANAGEMENT SERVICE ENTITIES AND OTHER HEALTH CARE PROVIDERS.--A health maintenance organization may invest directly or indirectly in real estate, common and preferred stocks, bonds or debentures, including convertible debentures, or other evidences of debts of or equity in an entity if the entity is owned by or, with the approval of the department, under contract to the organization to provide management services, administrative services, or health care services for the organization, on the following conditions:
(13) OTHER INVESTMENTS.--After satisfying the requirements of subsections (9), (10), (11), and (12), any funds of the health maintenance organization in excess of the minimum surplus required to be maintained under this part may be invested in any investment listed in this subsection or in subsections (9) and (14).
(b) Loans guaranteed by the United States.--
1. A health maintenance organization may invest in loans insured or guaranteed as to principal and interest by the Government of the United States, or by any agency or instrumentality of the Government of the United States, to the extent of such insurance or guaranty.
2. A health maintenance organization may invest in student loans insured or guaranteed as to principal by the Government of the United States, or by any agency or instrumentality of the Government of the United States, to the extent of such insurance or guaranty.
(g) Securities of certain agencies.--The health maintenance organization may invest in bonds, debentures, or other securities of the following agencies, whether or not such obligations are guaranteed by the Government of the United States:
1. The Federal National Mortgage Association, and stock thereof, when acquired in connection with the sale of mortgage loans to such association.
2. Any federal land bank, when such securities are issued under provisions of the Act of Congress entitled the "Federal Farm Loan Act" and approved July 17, 1916, and any acts amendatory or supplementary to that act.
3. Any federal home loan bank, when such securities are issued under provisions of the Act of Congress entitled the "Federal Home Loan Bank Act" and approved July 22, 1932.
4. The Home Owners' Loan Corporation, created by the Act of Congress entitled "Home Owners' Loan Act of 1933" and approved June 13, 1933.
5. Any federal intermediate credit bank, created by the Act of Congress entitled "Agricultural Credits Act of March 4, 1923."
6. The Central Bank for Cooperatives and regional banks for cooperatives organized under the Farm Credit Act of 1933, or by any of such banks; and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971, Pub. L. No. 92-181.
7. Any other similar agency of the Government of the United States which is of similar financial quality.
(14) SPECIAL LIMITATION INVESTMENTS.--
(a) After satisfying the requirements of this part, any funds of the health maintenance organization may be invested in the following investments, subject to a cost limitation of 10 percent of its admitted assets in each category of investment:
1. Anticipation obligations of political subdivisions of a state.--Anticipation obligations of any political subdivision of any state of the United States, including, but not limited to, bond anticipation notes, tax anticipation notes, preliminary loan anticipation notes, revenue anticipation notes, and construction anticipation notes, for the payment of money within 12 months from the issuance of the obligation, on the following conditions:
a. The anticipation notes are a direct obligation of the issuer under conditions set forth in subsection (9).
b. The political subdivision is not in default in the payment of the principal or interest on any of its direct general obligations or any obligation guaranteed by such political subdivision.
c. The anticipated funds are specifically pledged to secure the obligations.
2. Revenue obligations of state or municipal public utilities.--Obligations of any state of the United States, a political subdivision thereof, or a public instrumentality of any one or more of the foregoing for the payment of money, on the following conditions:
a. The obligations are payable from revenues or earnings of a public utility of such state, political subdivision, or public instrumentality which are specifically pledged therefor.
b. The law under which the obligations are issued requires that such rates for service shall be charged and collected at all times so as to produce sufficient revenue or earning, together with any other revenues or moneys pledged, to pay all operating and maintenance charges of the public utility and all principal and interest on such charges.
c. No prior or parity obligations payable from the revenues or earnings of that public utility are in default at the date of such investment.
3. Other revenue obligations.--Obligations of any state of the United States, a political subdivision thereof, or a public instrumentality of any of the foregoing for the payment of money, on the following conditions:
a. The obligations are payable from revenues or earnings, excluding revenues or earnings from public utilities, specifically pledged therefor by such state, political subdivision, or public instrumentality.
b. No prior or parity obligation of the same issuer payable from revenues or earnings from the same source has been in default as to principal or interest during the 5 years next preceding the date of the investment, but the issuer need not have been in existence for that period, and obligations acquired under this paragraph may be newly issued.
4. Corporate stocks.--Stocks, common or preferred, of any corporation created or existing under the laws of the United States or any state thereof. The organization may invest in stocks, common or preferred, of any corporation created or existing under the laws of any foreign country if such stocks are listed and traded on a national securities exchange in the United States or, in the alternative, if such investment in stocks of any corporation created or existing under the laws of any foreign country are first approved by the department. Investment in common stock of any one corporation shall not exceed 3 percent of the health maintenance organization's admitted assets.
(b) After satisfying the requirements of this part, the health maintenance organization may invest its funds and accumulations in the following investments, subject to a cost limitation of 5 percent of admitted assets in each category of investment:
1. Obligations of the International Bank for Reconstruction and Development.--Obligations issued or guaranteed by the International Bank for Reconstruction and Development.
2. Obligations of the Inter-American Development Bank.--Obligations issued or guaranteed by the Inter-American Development Bank.
3. Obligations of the Asian Development Bank.--Obligations issued or guaranteed by the Asian Development Bank.
4. Obligations of the State of Israel.--Direct obligations of the State of Israel for the payment of money, or obligations for the payment of money which are guaranteed as to the payment of principal and interest by the State of Israel, on the condition that the State of Israel shall not be in default in the payment of principal or interest on any of its direct, general obligations on the date of such investment.
5. Obligations of the African Development Bank.--Obligations issued or guaranteed by the African Development Bank.
6. Obligations of the Government of Canada or any province thereof.--Obligations issued or guaranteed by the Government of Canada or any province thereof.
7. Obligations of the International Finance Corporation.--Obligations issued or guaranteed by the International Finance Corporation.
(16) PROHIBITED INVESTMENTS AND INVESTMENT UNDERWRITING.--
(a) In addition to investments excluded pursuant to other provisions of this act, a health maintenance organization shall not directly or indirectly invest in or lend its funds upon the security of:
1. Issued shares of its own capital stock, except in connection with a plan approved by the department for purchase of the shares by the organization's officers, employees, or agents. However, no such stock shall constitute an asset of the organization in any determination of its financial condition.
2. Except with the consent of the department, securities issued by any corporation or enterprise the controlling interest of which is, or will after such acquisition by the organization be, held directly or indirectly by the organization or any combination of the organization and its directors, officers, parent corporation, subsidiaries, or controlling stockholders. Investments in health care providers under subsections (11) and (12) shall not be subject to this provision.
3. Any note or other evidence of indebtedness of any director, officer, or controlling stockholder of the health maintenance organization.
(17) TIME LIMIT FOR DISPOSAL OF INELIGIBLE PROPERTY AND SECURITIES; EFFECT OF FAILURE TO DISPOSE.--
History.--s. 19, ch. 72-264; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 799, 804, 809(1st), ch. 82-243; s. 33, ch. 85-177; s. 18, ch. 88-388; s. 76, ch. 89-360; ss. 126, 184, 187, 188, ch. 91-108; s. 4, ch. 91-429.