insurance requirements and county facility use board of county commissioners april 24, 2012 1
TRANSCRIPT
Orange County Facility Use
Facility Types•Outdoor Pavilions•Community Centers•Gymnasiums•History Center•Park Facilities
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Facility Use Requirements
Facility Fees and Process
• Fees are designed as a cost recovery mechanism for the County
• Board of County Commissioners sets fees for use
• Facility Use Agreement is executed to specify each party’s responsibility while the facility is being used
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Orange County Facility Use
Fees for Facility UseDirect Costs
•Salaries/Overtime•Security• Insurance
Indirect Costs•Facility Maintenance
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Orange County Facility Use
Type of Events•Private Events• Fundraisers•Business Meetings•Non-Profit Events
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Facility Use Requirements
Insurance RequirementsLiability Insurance
• Can provide by renter’s existing policy• Can purchase through County program
Sovereign Immunity•Renter is not protected by Sovereign
Immunity •Kissimmee Utility Authority Supreme
Court decision
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Facility UseRequirements
Insurance Limitations• F.S. 768.28 (15) (a) limits municipalities
and state subdivisions to purchasing insurance coverage for their own use
• Attorney General Opinion 2000-22 interprets this restriction to mean that municipalities and state subdivisions may not provide insurance for the benefit of another party
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TULIP Coverage
• First TULIP policy obtained in 1991
• Provides $1,000,000 of per event coverage with no deductible
• Premium determined by event type, number of participants, and if alcohol is served
• County department collects premium from renting party based on a schedule provided by the insurance carrier
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TULIP Coverage
TULIP is required when:
• Renter is not an individual and does not have their own liability coverage
• Alcohol is being served• Hazardous activities are occurring
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TULIP Usage
Most Common Events:
1. Weddings/Wedding Receptions2. Birthday Parties3. Anniversary Parties4. Reunions
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TULIP Usage
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$0
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
08/09 09/10 10/11
Policy Year
Annual TULIP Premium
Total Premium
TULIP Usage
17
$0
$50
$100
$150
$200
08/09 09/10 10/11
Policy Year
Average Premium per Event
Average Premium
Facility Use by Minors
• Use of exercise facilities limited to citizens 18 years and older
• Guidelines established in 2008
• Not allowed to execute Facility Use Agreements
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Facility Use by Minors
Reasons for Restrictions
• Maturity level of minors• Increase in liability• Sovereign Immunity• Kirton v. Fields Supreme Court
Decision• 2010 F.S. 744.301 change
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Facility Use by Minors
Policies for Other Gyms• City of Orlando-Minor must be at least 16
years old and must be accompanied by a parent at all times
• Oviedo-Waiver signed by parent, no weight room under 16 years old, no adult supervision required
• YMCA-Waiver signed by parent, no weight room under 16 years old, adult supervision
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Orange County Facility Use
Summary• Renter provides existing liability
policy or;
• Renter obtains coverage thru TULIP
• Renter executes facility use agreement
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Orange County Facility Use
Summary• Insurance coverage protects the
County against litigation associated with event at facility
• Minors not permitted to utilize County exercise facilities
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