Insurance Requirements and County Facility Use Board of County Commissioners April 24, 2012 1.

Insurance Requirementsand

County Facility Use

Board of County Commissioners

April 24, 2012

1

Orange County Facility Use

• Rental of County Facilities• TULIP• Facility Use by Minors• Summary

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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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Fees for Facility UseDirect Costs

•Salaries/Overtime•Security• Insurance

Indirect Costs•Facility Maintenance

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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

T TenantU UserL LiabilityI InsuranceP Policy

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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

0

10

20

30

40

50

08/09 09/10 10/11

Policy Year

TULIP Usage

# of Events

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TULIP Usage

16

$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

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$0

$50

$100

$150

$200

08/09 09/10 10/11

Policy Year

Average Premium per Event

Average Premium



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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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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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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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Summary• Renter provides existing liability

policy or;

• Renter obtains coverage thru TULIP

• Renter executes facility use agreement

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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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QUESTIONS?

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Insurance Requirementsand

County Facility Use

Board of County Commissioners

April 24, 2012

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Insurance Requirements and County Facility Use Board of County Commissioners April 24, 2012 1.

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