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Insurance Requirements and County Facility Use Board of County Commissioners April 24, 2012 1
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Orange County Facility Use Rental of County Facilities TULIP Facility Use by Minors Summary 2
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Orange County Facility Use Rental of County Facilities TULIP Facility Use by Minors Summary 3
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Orange County Facility Use Facility Types Outdoor Pavilions Community Centers Gymnasiums History Center Park Facilities 4
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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 5
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Orange County Facility Use Fees for Facility Use Direct Costs Salaries/Overtime Security Insurance Indirect Costs Facility Maintenance 6
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Orange County Facility Use Type of Events Private Events Fundraisers Business Meetings Non-Profit Events 7
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Facility Use Requirements Insurance Requirements Liability 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 8
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Facility Use Requirements 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 9
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Orange County Facility Use Rental of County Facilities TULIP Facility Use by Minors Summary 10
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TULIP Coverage TTenant UUser LLiability IInsurance PPolicy 11
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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 12
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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 13
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TULIP Usage Most Common Events: 1.Weddings/Wedding Receptions 2.Birthday Parties 3.Anniversary Parties 4.Reunions 14
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TULIP Usage 15
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TULIP Usage 16
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TULIP Usage 17
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Orange County Facility Use Rental of County Facilities TULIP Facility Use by Minors Summary 18
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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 19
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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 20
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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 21
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Orange County Facility Use Rental of County Facilities TULIP Facility Use by Minors Summary 22
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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 23
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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 24
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Orange County Facility Use QUESTIONS? 25
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Insurance Requirements and County Facility Use Board of County Commissioners April 24, 2012 26
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