(1) A multiple-employer welfare arrangement may not offer, advertise, or sell insurance coverage to the general public.
(2) As used in this section, a member of the general public is a person who:
(a) Purchases insurance directly from the arrangement or an agent rather than through an employer;
(b) Makes premium payments directly to the arrangement or through an agent rather than through an employer; or
(c) Is not employed by an employer subject to assessment.
(3) A person who violates this section is jointly and severally liable for the payment of assessments on behalf of any person who is sold coverage in violation of this section. A person to whom coverage is sold in violation of this section is not subject to assessment until the department determines that the assessment is not collectible in full from the agent, trustee, officer, or other person.
(4) Any person in violation of this section commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 34, 188, ch. 91-108; s. 4, ch. 91-429.