Senate Bill 1570

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    Florida Senate - 1998        (NP)                      SM 1570

    By Senator Burt





    16-1665-98                                              See HM

  1                     Senate Memorial No.     

  2         A memorial in support of designating the

  3         Florida Windstorm Underwriting Association and

  4         the Florida Residential Property & Casualty

  5         Joint Underwriting Association as tax-exempt

  6         entities under s. 501(c) of the Internal

  7         Revenue Code.

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  9         WHEREAS, in recent years, catastrophic storms have

10  caused great destruction of property, inflicting billions of

11  dollars of losses upon the residents of the State of Florida,

12  and

13         WHEREAS, many property and casualty insurers, citing

14  the risks associated with catastrophic storms, have sought in

15  recent years to abandon the Florida market and hundreds of

16  thousands of home owners and businesses have been at risk of

17  being unable to purchase the insurance they need to sustain

18  the economic life of their communities, and

19         WHEREAS, the State of Florida has sought to ensure the

20  integrity of its insurance markets, and thus assure the

21  economic health of this state, by establishing two residual

22  market mechanisms, the Florida Windstorm Underwriting

23  Association and the Florida Residential Property and Casualty

24  Joint Underwriting Association, to offer limited property and

25  casualty insurance that may be unavailable on the commercial

26  market, and

27         WHEREAS, the State of Florida has provided that the

28  Florida Windstorm Underwriting Association and the Florida

29  Residential Property and Casualty Joint Underwriting

30  Association be operated on a not-for-profit basis, with no

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998        (NP)                      SM 1570
    16-1665-98                                              See HM




  1  possibility for private inurement, and for the exclusive

  2  purpose of providing a public benefit, and

  3         WHEREAS, because of their current federal tax status,

  4  neither the Florida Windstorm Underwriting Association nor the

  5  Florida Residential Property and Casualty Joint Underwriting

  6  Association can create and accumulate needed reserves on a

  7  tax-free basis for use in future years when a major

  8  catastrophe occurs, and

  9         WHEREAS, designating the Florida Windstorm Underwriting

10  Association and the Florida Residential Property and Casualty

11  Joint Underwriting Association as tax-exempt will help those

12  entities address the financial exigencies that could be

13  brought on by a catastrophic storm or other major perils by

14  greatly enhancing their ability to accumulate needed reserves,

15  and

16         WHEREAS, the Florida Windstorm Underwriting Association

17  and the Florida Residential Property and Casualty Joint

18  Underwriting Association merit inclusion under s. 501(c) of

19  the Internal Revenue Code because they each meet the criteria

20  generally posited for tax-exempt status, that is, promotion of

21  a public benefit and prohibition of private inurement, NOW,

22  THEREFORE,

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24  Be It Resolved by the Legislature of the State of Florida:

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26         That the Congressional delegation of the State of

27  Florida, the United States Congress, and the President of the

28  United States are respectfully requested to act with all

29  deliberate speed to enact legislation designating the Florida

30  Windstorm Underwriting Association and the Florida Residential

31  Property and Casualty Joint Underwriting Association as

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998        (NP)                      SM 1570
    16-1665-98                                              See HM




  1  tax-exempt entities under s. 501(c) of the Internal Revenue

  2  Code.

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