House Bill 1711c1

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







    Florida House of Representatives - 1999             CS/HB 1711

        By the Committee on Insurance and Representative Waters






  1                      A bill to be entitled

  2         An act relating to the Florida Hurricane

  3         Catastrophe Fund; amending s. 215.555, F.S.;

  4         clarifying legislative findings; revising

  5         definitions; revising reimbursement contract

  6         provisions relating to equalization charges,

  7         reimbursable loss reporting, auditing of

  8         insurers, and confidentiality of certain audit

  9         information; revising reimbursement premium

10         provisions relating to collection of interest;

11         revising revenue bond provisions relating to

12         emergency assessments against insurers,

13         legislative findings as to the Florida

14         Hurricane Catastrophe Fund Finance Corporation,

15         and protections for bondholders; authorizing

16         the State Board of Administration to enforce

17         reimbursement contracts; providing

18         severability; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Paragraph (e) of subsection (1), paragraphs

23  (c) and (e) of subsection (2), subsection (4), paragraph (c)

24  of subsection (5), and subsection (6) of section 215.555,

25  Florida Statutes, 1998 Supplement, are amended, paragraphs (l)

26  and (m) are added to subsection (2), subsections (11) and (12)

27  of said section are renumbered as subsections (12) and (13),

28  respectively, and new subsections (11) and (14) are added to

29  said section, to read:

30         215.555  Florida Hurricane Catastrophe Fund.--

31

                                  1

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1         (1)  FINDINGS AND PURPOSE.--The Legislature finds and

  2  declares as follows:

  3         (e)  A state program to provide a stable and ongoing

  4  source of reimbursement to insurers for a portion of their

  5  catastrophic hurricane losses will create additional insurance

  6  capacity sufficient to ameliorate the current dangers to the

  7  state's economy and to the public health, safety, and welfare.

  8         (2)  DEFINITIONS.--As used in this section:

  9         (c)  "Covered policy" means any insurance policy

10  covering residential property in this state, including, but

11  not limited to, any homeowner's, mobile home owner's, farm

12  owner's, condominium association, condominium unit owner's,

13  tenant's, or apartment building policy, or any other policy

14  covering a residential structure or its contents issued by any

15  authorized insurer, including any joint underwriting

16  association or similar entity created pursuant to law.

17  "Covered policy" does not include any policy that excludes

18  wind coverage or hurricane coverage or any reinsurance

19  agreement and does not include any policy otherwise meeting

20  this definition which is issued by a surplus lines insurer or

21  a reinsurer.

22         (e)  "Retention" means the amount of losses below which

23  an insurer is not entitled to reimbursement from the fund. An

24  insurer's retention shall be calculated as follows:

25         1.  The board shall calculate and report to each

26  insurer the retention multiples for that year.  For the

27  contract year beginning June 1, 1995, the retention multiple

28  shall be equal to $3 billion divided by the total estimated

29  reimbursement premium for the contract year; for subsequent

30  years, the retention multiple shall be equal to $3 billion,

31  adjusted to reflect the percentage growth in exposure to the

                                  2

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  fund premium for covered policies since 1998 1995, divided by

  2  the total estimated reimbursement premium for the contract

  3  year. Total reimbursement premium for purposes of the

  4  calculation under this subparagraph shall be estimated using

  5  the assumption that all insurers have selected the 90-percent

  6  coverage level.

  7         2.  The retention multiple as determined under

  8  subparagraph 1. shall be adjusted to reflect the coverage

  9  level elected by the insurer.  For insurers electing the

10  90-percent coverage level, the adjusted retention multiple is

11  100 percent of the amount determined under subparagraph 1. For

12  insurers electing the 75-percent coverage level, the retention

13  multiple is 120 percent of the amount determined under

14  subparagraph 1.  For insurers electing the 45-percent coverage

15  level, the adjusted retention multiple is 200 percent of the

16  amount determined under subparagraph 1.

17         3.  An insurer shall determine its provisional

18  retention by multiplying its provisional reimbursement premium

19  by the applicable adjusted retention multiple and shall

20  determine its actual retention by multiplying its actual

21  reimbursement premium by the applicable adjusted retention

22  multiple.

23         (l)  "Estimated claims-paying capacity" means the sum

24  of the projected year-end balance of the fund as of December

25  31 of a contract year, plus any reinsurance purchased by the

26  fund, plus the board's estimate of the board's borrowing

27  capacity.

28         (m)  "Actual claims-paying capacity" means the sum of

29  the balance of the fund as of December 31 of a contract year,

30  plus any reinsurance purchased by the fund, plus the amount

31

                                  3

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  the board is able to raise through the issuance of revenue

  2  bonds under subsection (6).

  3         (4)  REIMBURSEMENT CONTRACTS.--

  4         (a)  The board shall enter into a contract with each

  5  insurer writing covered policies in this state to provide to

  6  the insurer the reimbursement described in paragraph (b), in

  7  exchange for the reimbursement premium paid into the fund

  8  under subsection (5). As a condition of doing business in this

  9  state, each such insurer shall enter into such a contract.

10         (b)

11         1.  The contract shall contain a promise by the board

12  to reimburse the insurer for 45 percent, 75 percent, or 90

13  percent of its losses from each covered event in excess of the

14  insurer's retention, plus 5 percent of the reimbursed losses

15  to cover loss adjustment expenses.

16         2.  The insurer must elect one of the percentage

17  coverage levels specified in this paragraph and may, upon

18  renewal of a reimbursement contract, elect a lower percentage

19  coverage level if no revenue bonds issued under subsection (6)

20  after a covered event are outstanding, or elect a higher

21  percentage coverage level, regardless of whether or not

22  revenue bonds are outstanding, if it pays to the fund an

23  actuarially appropriate equalization charge as determined by

24  the board. All members of an insurer group must elect the same

25  percentage coverage level.  Any joint underwriting

26  association, risk apportionment plan, or other entity created

27  under s. 627.351 must elect the 90-percent coverage level.

28         3.  The contract shall provide that reimbursement

29  amounts shall not be reduced by reinsurance paid or payable to

30  the insurer from other sources; however, recoveries from such

31  other sources, taken together with reimbursements under the

                                  4

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  contract, may not exceed 100 percent of the insurer's losses

  2  from covered events.  If such recoveries and reimbursements

  3  exceed 100 percent of the insurer's losses from covered

  4  events, and if there is no agreement between the insurer and

  5  the reinsurer to the contrary, any amount in excess of 100

  6  percent of the insurer's losses shall be returned to the fund.

  7         (c)1.  The contract shall also provide that the

  8  obligation of the board with respect to all contracts covering

  9  a particular contract year shall not exceed the actual

10  claims-paying capacity of the fund up to a limit of $11

11  billion for that contract year, unless the board determines

12  that there is sufficient estimated claims-paying capacity to

13  provide $11 billion of capacity for the current contract year

14  and an additional $11 billion of capacity for subsequent

15  contract years.  Upon such determination being made, the

16  estimated claims-paying capacity for the current contract year

17  shall be determined by adding to the $11 billion limit one

18  half of the fund's estimated claims-paying capacity in excess

19  of $22 billion balance of the fund as of December 31 of that

20  year, together with the maximum amount that the board is able

21  to raise through the issuance of revenue bonds under

22  subsection (6).

23         2.  The contract shall require the board to annually

24  notify insurers of the fund's estimated anticipated borrowing

25  capacity for the next contract year, the projected year-end

26  balance of the fund, and the insurer's estimated share of

27  total reimbursement premium to be paid to the fund.  For all

28  regulatory and reinsurance purposes, an insurer may calculate

29  its projected payout from the fund as its share of the total

30  fund premium for the current contract year multiplied by the

31  sum of the projected year-end fund balance and the estimated

                                  5

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  anticipated borrowing capacity for that contract year as

  2  reported under this paragraph. In May and October of each

  3  year, the board shall publish in the Florida Administrative

  4  Weekly a statement of the fund's estimated anticipated

  5  borrowing capacity and the projected year-end balance of the

  6  fund for the current contract year.

  7         (d)

  8         1.  For purposes of determining potential liability and

  9  to aid in the sound administration of the fund, the contract

10  shall require each insurer to report such insurer's losses

11  from each covered event on an interim basis, as directed by

12  the board.  The contract shall require the insurer to report

13  to the board, as directed by the board, but no later than

14  December 31 of each year, and quarterly thereafter, its

15  reimbursable losses from covered events for the year. The

16  contract shall require the board to determine and pay, as soon

17  as practicable after receiving these reports of reimbursable

18  losses, the initial amount of reimbursement due and

19  adjustments to this amount based on later loss information.

20  The adjustments to reimbursement amounts shall require the

21  board to pay, or the insurer to return, amounts reflecting the

22  most recent calculation of losses.

23         2.  If the board determines that the projected year-end

24  balance of the fund, together with the amount that the board

25  determines that it is possible to raise through revenue bonds

26  issued under subsection (6) and through other borrowing and

27  financing arrangements under paragraph (7)(b), are

28  insufficient to pay reimbursement to all insurers at the level

29  promised in the contract, the board shall:

30         a.  First reimburse insurers writing covered policies,

31  which insurers are in full compliance with this section and

                                  6

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  have petitioned the Department of Insurance and qualified as

  2  limited apportionment companies under s. 627.351(2)(b)3.  The

  3  amount of such reimbursement shall be the lesser of $10

  4  million or an amount equal to 10 times the insurer's

  5  reimbursement premium for the current year.  The amount of

  6  reimbursement paid under this sub-subparagraph may not exceed

  7  the full amount of reimbursement promised in the reimbursement

  8  contract. This sub-subparagraph does not apply with respect to

  9  any contract year in which the year-end projected cash balance

10  of the fund, exclusive of any bonding capacity of the fund,

11  exceeds $2 billion. Only one member of any insurer group may

12  receive reimbursement under this sub-subparagraph.

13         b.  Next pay to each insurer such insurer's projected

14  payout, which is the amount of reimbursement it is owed, up to

15  an amount equal to the insurer's share of the actual premium

16  paid for that contract year, multiplied by the actual

17  claims-paying capacity available for that contract year,

18  provided, entities created pursuant to s. 627.351 shall be

19  further reimbursed in accordance with sub-subparagraph c. This

20  determination shall be adjusted to reflect payments made under

21  sub-subparagraph a.

22         c.  Thereafter, establish, based on reimbursable

23  losses, the prorated reimbursement level at the highest level

24  for which any remaining fund balance or bond proceeds are

25  sufficient to reimburse entities created pursuant to s.

26  627.351 for losses exceeding the amounts payable pursuant to

27  sub-subparagraph b. for the current contract year.

28         (e)

29         1.  Except as provided in subparagraphs 2. and 3., the

30  contract shall provide that if an insurer demonstrates to the

31  board that it is likely to qualify for reimbursement under the

                                  7

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  contract, and demonstrates to the board that the immediate

  2  receipt of moneys from the board is likely to prevent the

  3  insurer from becoming insolvent, the board shall advance the

  4  insurer, at market interest rates, the amounts necessary to

  5  maintain the solvency of the insurer, up to 50 percent of the

  6  board's estimate of the reimbursement due the insurer. The

  7  insurer's reimbursement shall be reduced by an amount equal to

  8  the amount of the advance loan and interest thereon.

  9         2.  With respect only to an entity created under s.

10  627.351, the contract shall also provide that the board may,

11  upon application by such entity, advance to such entity, at

12  market interest rates, up to 90 percent of the lesser of:

13         a.  The board's estimate of the amount of reimbursement

14  due to such entity; or

15         b.  The entity's share of the actual reimbursement

16  premium paid for that contract year, multiplied by the

17  currently available liquid assets of the fund.  In order for

18  the entity to qualify for an advance under this subparagraph,

19  the entity must demonstrate to the board that the advance is

20  essential to allow the entity to pay claims for a covered

21  event and the board must determine that the fund's assets are

22  sufficient and are sufficiently liquid to allow the board to

23  make an advance to the entity and still fulfill the board's

24  reimbursement obligations to other insurers. The entity's

25  final reimbursement for any contract year in which an advance

26  has been made under this subparagraph must be reduced by an

27  amount equal to the amount of the advance and any interest on

28  such advance. In order to determine what amounts, if any, are

29  due the entity, the board may require the entity to report its

30  exposure and its losses at any time to determine retention

31  levels and reimbursements payable.

                                  8

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1         3.  The contract shall also provide specifically and

  2  solely with respect to any limited apportionment company under

  3  s. 627.351(2)(b)3. that the board may, upon application by

  4  such company, advance to such company the amount of the

  5  estimated reimbursement payable to such company as calculated

  6  pursuant to paragraph (d), at market interest rates, if the

  7  board determines that the fund's assets are sufficient and are

  8  sufficiently liquid to permit the board to make an advance to

  9  such company and at the same time fulfill its reimbursement

10  obligations to the insurers that are participants in the fund.

11  Such company's final reimbursement for any contract year in

12  which an advance pursuant to this subparagraph has been made

13  shall be reduced by an amount equal to the amount of the

14  advance and interest thereon.  In order to determine what

15  amounts, if any, are due to such company, the board may

16  require such company to report its exposure and its losses at

17  such times as may be required to determine retention levels

18  and loss reimbursements payable.

19         (f)  In order to ensure that insurers have properly

20  reported the insured values on which the reimbursement premium

21  is based and to ensure that insurers have properly reported

22  the losses for which reimbursements have been made, the board

23  shall inspect, examine, and audit the records of each

24  insurer's covered policies at such times as the board deems

25  appropriate and in such manner as is consistent with generally

26  accepted auditing standards.  The costs of the audits shall be

27  borne by the board.  However, in order to remove any incentive

28  for an insurer to delay preparations for an audit, the board

29  shall be reimbursed by the insurer for any audit expenses

30  incurred in addition to the usual and customary costs of the

31  audit, which additional expenses were incurred as a result of

                                  9

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  an insurer's failure, despite proper notice, to be prepared

  2  for the audit or as a result of an insurer's failure to

  3  provide requested information while the audit is in progress.

  4  If the board finds any insurer's records or other necessary

  5  information to be inadequate or inadequately posted, recorded,

  6  or maintained, the board may employ experts to reconstruct,

  7  rewrite, record, post, or maintain such records or

  8  information, at the expense of the insurer being audited, if

  9  such insurer has failed to maintain, complete, or correct such

10  records or deficiencies after the board has given the insurer

11  notice and a reasonable opportunity to do so. Any information

12  contained in an audit report, which information is described

13  in s. 215.557, is confidential and exempt from the provisions

14  of s. 119.07(1) and s. 24(a), Art. I of the State

15  Constitution, as provided in s. 215.557. Nothing in this

16  paragraph expands the exemption in s. 215.557.

17         (g)(f)  The contract shall provide that in the event of

18  the insolvency of an insurer, the fund shall pay directly to

19  the Florida Insurance Guaranty Association for the benefit of

20  Florida policyholders of the insurer the net amount of all

21  reimbursement moneys owed to the insurer.  As used in this

22  paragraph, the term "net amount of all reimbursement moneys"

23  means that amount which remains after reimbursement for:

24         1.  Preliminary or duplicate payments owed to private

25  reinsurers or other inuring reinsurance payments to private

26  reinsurers that satisfy statutory or contractual obligations

27  of the insolvent insurer attributable to covered events to

28  such reinsurers; or

29         2.  Funds owed to a bank or other financial institution

30  to cover obligations of the insolvent insurer under a credit

31

                                  10

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  agreement that assists the insolvent insurer in paying claims

  2  attributable to covered events.

  3

  4  Such private reinsurers, banks, or other financial

  5  institutions shall be reimbursed or otherwise paid prior to

  6  payment to the Florida Insurance Guaranty Association,

  7  notwithstanding any law to the contrary.  The guaranty

  8  association shall pay all claims up to the maximum amount

  9  permitted by chapter 631; thereafter, any remaining moneys

10  shall be paid pro rata to claims not fully satisfied. This

11  paragraph does not apply to a joint underwriting association,

12  risk apportionment plan, or other entity created under s.

13  627.351.

14         (5)  REIMBURSEMENT PREMIUMS.--

15         (c)  No later than September 1 of each year, each

16  insurer shall notify the board of its insured values under

17  covered policies by zip code, as of June 30 of that year. On

18  the basis of these reports, the board shall calculate the

19  premium due from the insurer, based on the formula adopted

20  under paragraph (b). The insurer shall pay the required annual

21  premium pursuant to a periodic payment plan specified in the

22  contract. The board shall provide for payment of reimbursement

23  premium in periodic installments and for the adjustment of

24  provisional premium installments collected prior to submission

25  of the exposure report to reflect data in the exposure report.

26  The board shall collect interest on late reimbursement premium

27  payments consistent with the assumptions made in developing

28  the premium formula in accordance with paragraph (b).

29         (6)  REVENUE BONDS.--

30         (a)  General provisions.--

31

                                  11

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1         1.  Upon the occurrence of a hurricane and a

  2  determination that the moneys in the fund are or will be

  3  insufficient to pay reimbursement at the levels promised in

  4  the reimbursement contracts, the board may take the necessary

  5  steps under paragraph (b) or paragraph (c) for the issuance of

  6  revenue bonds for the benefit of the fund. The proceeds of

  7  such revenue bonds may be used to make reimbursement payments

  8  under reimbursement contracts; to refinance or replace

  9  previously existing borrowings or financial arrangements; to

10  pay interest on bonds; to fund reserves for the bonds; to pay

11  expenses incident to the issuance or sale of any bond issued

12  under this section, including costs of validating, printing,

13  and delivering the bonds, costs of printing the official

14  statement, costs of publishing notices of sale of the bonds,

15  and related administrative expenses; or for such other

16  purposes related to the financial obligations of the fund as

17  the board may determine. The term of the bonds may not exceed

18  30 years. The board may pledge or authorize the corporation to

19  pledge all or a portion of all revenues under subsection (5)

20  and under subparagraph 3. to secure such revenue bonds and the

21  board may execute such agreements between the board and the

22  issuer of any revenue bonds and providers of other financing

23  arrangements under paragraph (7)(b) as the board deems

24  necessary to evidence, secure, preserve, and protect such

25  pledge. If reimbursement premiums received under subsection

26  (5) or earnings on such premiums are used to pay debt service

27  on revenue bonds, such premiums and earnings shall be used

28  only after the use of the moneys derived from assessments

29  under subparagraph 3.  The funds, credit, property, or taxing

30  power of the state or political subdivisions of the state

31  shall not be pledged for the payment of such bonds. The board

                                  12

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  may also enter into agreements under paragraph (b) or

  2  paragraph (c) for the purpose of issuing revenue bonds in the

  3  absence of a hurricane upon a determination that such action

  4  would maximize the ability of the fund to meet future

  5  obligations.

  6         2.  The Legislature finds and declares that the

  7  issuance of bonds under this subsection is for the public

  8  purpose of paying the proceeds of the bonds to insurers,

  9  thereby enabling insurers to pay the claims of policyholders

10  to assure that policyholders are able to pay the cost of

11  construction, reconstruction, repair, restoration, and other

12  costs associated with damage to property of policyholders of

13  covered policies after the occurrence of a hurricane. Revenue

14  bonds may not be issued under this subsection until validated

15  under chapter 75. The validation of at least the first

16  obligations incurred pursuant to this subsection shall be

17  appealed to the Supreme Court, to be handled on an expedited

18  basis.

19         3.  If the board determines that the amount of revenue

20  produced under subsection (5) is insufficient to fund the

21  obligations, costs, and expenses of the fund and the

22  corporation, including repayment of revenue bonds, the board

23  shall direct the Department of Insurance to levy an emergency

24  assessment on each insurer writing property and casualty

25  business in this state. Pursuant to the emergency assessment,

26  each such insurer shall pay to the corporation fund by July 1

27  of each year an amount set by the board not exceeding 2

28  percent of its gross direct written premium for the prior year

29  from all property and casualty business in this state except

30  for workers' compensation, except that, if the Governor has

31  declared a state of emergency under s. 252.36 due to the

                                  13

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  occurrence of a covered event, the amount of the assessment

  2  for the contract year may be increased to an amount not

  3  exceeding 4 percent of such premium. Any assessment authority

  4  not used for the contract year may be used for a subsequent

  5  contract year. If, for a subsequent contract year, the board

  6  determines that the amount of revenue produced under

  7  subsection (5) is insufficient to fund the obligations, costs,

  8  and expenses of the fund and the corporation, including

  9  repayment of revenue bonds for that contract year, the board

10  shall direct the Department of Insurance to levy an emergency

11  assessment up to an amount not exceeding the amount of unused

12  assessment authority from a previous contract year or years,

13  plus an additional 2 percent if the Governor has declared a

14  state of emergency under s. 252.36 due to the occurrence of a

15  covered event.  Any assessment authority not used for the

16  contract year may be used for a subsequent contract year. As

17  used in this subsection, the term "property and casualty

18  business" includes all lines of business identified on Form 2,

19  Exhibit of Premiums and Losses, in the annual statement

20  required by s. 624.424 and any rules adopted under such

21  section, except for those lines identified as accident and

22  health insurance. The annual assessments under this

23  subparagraph shall continue as long as the revenue bonds

24  issued with respect to which the assessment was imposed are

25  outstanding, unless adequate provision has been made for the

26  payment of such bonds pursuant to the documents authorizing

27  issuance of the bonds.  An insurer shall not at any time be

28  subject to aggregate annual assessments under this

29  subparagraph of more than 2 percent of premium, except that in

30  the case of a declared emergency, an insurer shall not at any

31  time be subject to aggregate annual assessments under this

                                  14

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  subparagraph of more than 6 4 percent of premium, provided, no

  2  more than 4 percent may be assessed for any one contract year.

  3  Any rate filing or portion of a rate filing reflecting a rate

  4  change attributable entirely to the assessment levied under

  5  this subparagraph shall be deemed approved when made, subject

  6  to the authority of the Department of Insurance to require

  7  actuarial justification as to the adequacy of any rate at any

  8  time.  If the rate filing reflects only a rate change

  9  attributable to the assessment under this paragraph, the

10  filing may consist of a certification so stating. The

11  assessments otherwise payable to the corporation pursuant to

12  this subparagraph shall be paid instead to the fund unless and

13  until the Department of Insurance has received from the

14  corporation and the fund a notice, which shall be conclusive

15  and upon which the Department of Insurance may rely without

16  further inquiry, that the corporation has issued bonds and the

17  fund has no agreements in effect with local governments

18  pursuant to paragraph (6)(b).  On or after the date of such

19  notice and until such date as the corporation has no bonds

20  outstanding, the fund shall have no right, title, or interest

21  in or to the assessments, except as provided in the fund's

22  agreements with the corporation.

23         (b)  Revenue bond issuance through counties or

24  municipalities.--

25         1.  If the board elects to enter into agreements with

26  local governments for the issuance of revenue bonds for the

27  benefit of the fund, the board shall enter into such contracts

28  with one or more local governments, including agreements

29  providing for the pledge of revenues, as are necessary to

30  effect such issuance. The governing body of a county or

31  municipality is authorized to issue bonds as defined in s.

                                  15

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  125.013 or s. 166.101 from time to time to fund an assistance

  2  program, in conjunction with the Florida Hurricane Catastrophe

  3  Fund, for the purposes set forth in this section or for the

  4  purpose of paying the costs of construction, reconstruction,

  5  repair, restoration, and other costs associated with damage to

  6  properties of policyholders of covered policies due to the

  7  occurrence of a hurricane by assuring that policyholders

  8  located in this state are able to recover claims under

  9  property insurance policies after a covered event.

10         2.  In order to avoid needless and indiscriminate

11  proliferation, duplication, and fragmentation of such

12  assistance programs, any local government may provide for the

13  payment of fund reimbursements, regardless of whether or not

14  the losses for which reimbursement is made occurred within or

15  outside of the territorial jurisdiction of the local

16  government.

17         3.  The state hereby covenants with holders of bonds

18  issued under this paragraph that the state will not repeal or

19  abrogate the power of the board to direct the Department of

20  Insurance to levy the assessments and to collect the proceeds

21  of the revenues pledged to the payment of such bonds as long

22  as any such bonds remain outstanding unless adequate provision

23  has been made for the payment of such bonds pursuant to the

24  documents authorizing the issuance of such bonds.

25         4.  There shall be no liability on the part of, and no

26  cause of action shall arise against any members or employees

27  of the governing body of a local government for any actions

28  taken by them in the performance of their duties under this

29  paragraph.

30         (c)  Florida Hurricane Catastrophe Fund Finance

31  Corporation.--

                                  16

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1         1.  In addition to the findings and declarations in

  2  subsection (1), the Legislature also finds and declares that:

  3         a.  The public benefits corporation created under this

  4  paragraph will provide a mechanism necessary for the

  5  cost-effective and efficient issuance of bonds. This mechanism

  6  will eliminate unnecessary costs in the bond issuance process,

  7  thereby increasing the amounts available to pay reimbursement

  8  for losses to property sustained as a result of hurricane

  9  damage.

10         b.  The purpose of such bonds is to fund reimbursements

11  through the Florida Hurricane Catastrophe Fund to pay for the

12  costs of construction, reconstruction, repair, restoration,

13  and other costs associated with damage to properties of

14  policyholders of covered policies due to the occurrence of a

15  hurricane.

16         c.  The efficacy of the financing mechanism will be

17  enhanced by the corporation's ownership of the assessments, by

18  the insulation of the assessments from possible bankruptcy

19  proceedings, and by covenants of the state with the

20  corporation's bondholders.

21         2.

22         a.  There is created a public benefits corporation,

23  that is an instrumentality of the state, to be known as the

24  Florida Hurricane Catastrophe Fund Finance Corporation.

25         b.  The corporation shall operate under a five-member

26  board of directors consisting of the Governor or a designee,

27  the Comptroller or a designee, the Treasurer or a designee,

28  the director of the Division of Bond Finance of the State

29  Board of Administration, and the chief operating officer of

30  the Florida Hurricane Catastrophe Fund.

31

                                  17

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1         c.  The corporation has all of the powers of

  2  corporations under chapter 607 and under chapter 617, subject

  3  only to the provisions of this subsection.

  4         d.  The corporation may issue bonds and engage in such

  5  other financial transactions as are necessary to provide

  6  sufficient funds to achieve the purposes of this section.

  7         e.  The corporation may invest in any of the

  8  investments authorized under s. 215.47.

  9         f.  There shall be no liability on the part of, and no

10  cause of action shall arise against, any board members or

11  employees of the corporation for any actions taken by them in

12  the performance of their duties under this paragraph.

13         3.

14         a.  In actions under chapter 75 to validate any bonds

15  issued by the corporation, the notice required by s. 75.06

16  shall be published only in Leon County and in two newspapers

17  of general circulation in the state, and the complaint and

18  order of the court shall be served only on the State Attorney

19  of the Second Judicial Circuit.

20         b.  The state hereby covenants with holders of bonds of

21  the corporation that the state will not repeal or abrogate the

22  power of the board to direct the Department of Insurance to

23  levy the assessments and to collect the proceeds of the

24  revenues pledged to the payment of such bonds as long as any

25  such bonds remain outstanding unless adequate provision has

26  been made for the payment of such bonds pursuant to the

27  documents authorizing the issuance of such bonds.

28         4.  The bonds of the corporation are not a debt of the

29  state or of any political subdivision, and neither the state

30  nor any political subdivision is liable on such bonds. The

31  corporation does not have the power to pledge the credit, the

                                  18

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  revenues, or the taxing power of the state or of any political

  2  subdivision. The credit, revenues, or taxing power of the

  3  state or of any political subdivision shall not be deemed to

  4  be pledged to the payment of any bonds of the corporation.

  5         5.

  6         a.  The property, revenues, and other assets of the

  7  corporation; the transactions and operations of the

  8  corporation and the income from such transactions and

  9  operations; and all bonds issued under this paragraph and

10  interest on such bonds are exempt from taxation by the state

11  and any political subdivision, including the intangibles tax

12  under chapter 199 and the income tax under chapter 220. This

13  exemption does not apply to any tax imposed by chapter 220 on

14  interest, income, or profits on debt obligations owned by

15  corporations other than the Florida Hurricane Catastrophe Fund

16  Finance Corporation.

17         b.  All bonds of the corporation shall be and

18  constitute legal investments without limitation for all public

19  bodies of this state; for all banks, trust companies, savings

20  banks, savings associations, savings and loan associations,

21  and investment companies; for all administrators, executors,

22  trustees, and other fiduciaries; for all insurance companies

23  and associations and other persons carrying on an insurance

24  business; and for all other persons who are now or may

25  hereafter be authorized to invest in bonds or other

26  obligations of the state and shall be and constitute eligible

27  securities to be deposited as collateral for the security of

28  any state, county, municipal, or other public funds. This

29  sub-subparagraph shall be considered as additional and

30  supplemental authority and shall not be limited without

31  specific reference to this sub-subparagraph.

                                  19

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1         6.  The corporation and its corporate existence shall

  2  continue until terminated by law; however, no such law shall

  3  take effect as long as the corporation has bonds outstanding

  4  unless adequate provision has been made for the payment of

  5  such bonds pursuant to the documents authorizing the issuance

  6  of such bonds. Upon termination of the existence of the

  7  corporation, all of its rights and properties in excess of its

  8  obligations shall pass to and be vested in the state.

  9         (d) Protection of bondholders.--

10         1.  As long as the corporation has any bonds

11  outstanding, neither the fund nor the corporation shall have

12  the authority to file a voluntary petition under chapter 9 of

13  the federal bankruptcy code or such corresponding chapter or

14  sections as may be in effect, from time to time, and neither

15  any public officer nor any organization, entity, or other

16  person shall authorize the fund or the corporation to be or

17  become a debtor under chapter 9 of the federal bankruptcy code

18  or such corresponding chapter or sections as may be in effect,

19  from time to time, during any such period.

20         2.  The state hereby covenants with holders of bonds of

21  the corporation that the state will not limit or alter the

22  denial of authority under this paragraph or the rights under

23  this section vested in the fund or the corporation to fulfill

24  the terms of any agreements made with such bondholders or in

25  any way impair the rights and remedies of such bondholders as

26  long as any such bonds remain outstanding unless adequate

27  provision has been made for the payment of such bonds pursuant

28  to the documents authorizing the issuance of such bonds.

29         3.  Notwithstanding any other provision of law, any

30  pledge of or other security interest in revenue, money,

31  accounts, contract rights, general intangibles, or other

                                  20

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






    Florida House of Representatives - 1999             CS/HB 1711

    200-529A-99






  1  personal property made or created by the fund or the

  2  corporation shall be valid, binding, and perfected from the

  3  time such pledge is made or other security interest attaches

  4  without any physical delivery of the collateral or further act

  5  and the lien of any such pledge or other security interest

  6  shall be valid, binding, and perfected against all parties

  7  having claims of any kind in tort, contract, or otherwise

  8  against the fund or the corporation irrespective of whether or

  9  not such parties have notice of such claims.  No instrument by

10  which such a pledge or security interest is created nor any

11  financing statement need be recorded or filed.

12         (11)  LEGAL PROCEEDINGS.--The board is authorized to

13  take any action necessary to enforce the rules, and the

14  provisions and requirements of the reimbursement contract,

15  required by and adopted pursuant to this section.

16         (14)  SEVERABILITY.--If any clause, sentence,

17  paragraph, or other part of this section be adjudged by any

18  court of competent jurisdiction to be invalid, such judgment

19  shall not affect, impair, or invalidate the remainder thereof

20  but shall be confined in its operation to the clause,

21  sentence, paragraph, or other part thereof directly involved

22  in the controversy in which such judgment shall have been

23  rendered.

24         Section 2.  This act shall take effect October 1, 1999.

25

26

27

28

29

30

31

                                  21