Senate Bill 1790er

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  1

  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), present subsections (11)

27  and (12) of that section are renumbered as subsections (12)

28  and (13), respectively, and new subsections (11) and (14) are

29  added to that section, to read:

30         215.555  Florida Hurricane Catastrophe Fund.--

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  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


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  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

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  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)1.  The contract shall contain a promise by the

11  board to reimburse the insurer for 45 percent, 75 percent, or

12  90 percent of its losses from each covered event in excess of

13  the insurer's retention, plus 5 percent of the reimbursed

14  losses to cover loss adjustment expenses.

15         2.  The insurer must elect one of the percentage

16  coverage levels specified in this paragraph and may, upon

17  renewal of a reimbursement contract, elect a lower percentage

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

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

20  percentage coverage level, regardless of whether or not

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

22  actuarially appropriate equalization charge as determined by

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

24  percentage coverage level.  Any joint underwriting

25  association, risk apportionment plan, or other entity created

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

27         3.  The contract shall provide that reimbursement

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

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

30  other sources, taken together with reimbursements under the

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


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  1  from covered events.  If such recoveries and reimbursements

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

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

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

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

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

  7  obligation of the board with respect to all contracts covering

  8  a particular contract year shall not exceed the actual

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

10  billion for that contract year, unless the board determines

11  that there is sufficient estimated claims-paying capacity to

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

13  and an additional $11 billion of capacity for subsequent

14  contract years.  Upon such determination being made, the

15  estimated claims-paying capacity for the current contract year

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

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

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

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

20  to raise through the issuance of revenue bonds under

21  subsection (6).

22         2.  The contract shall require the board to annually

23  notify insurers of the fund's estimated anticipated borrowing

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

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

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

27  regulatory and reinsurance purposes, an insurer may calculate

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

29  fund premium for the current contract year multiplied by the

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

31  anticipated borrowing capacity for that contract year as


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

  2  year, the board shall publish in the Florida Administrative

  3  Weekly a statement of the fund's estimated anticipated

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

  5  fund for the current contract year.

  6         (d)1.  For purposes of determining potential liability

  7  and to aid in the sound administration of the fund, the

  8  contract shall require each insurer to report such insurer's

  9  losses from each covered event on an interim basis, as

10  directed by the board.  The contract shall require the insurer

11  to report to the board, as directed by the board, but no later

12  than December 31 of each year, and quarterly thereafter, its

13  reimbursable losses from covered events for the year. The

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

15  as practicable after receiving these reports of reimbursable

16  losses, the initial amount of reimbursement due and

17  adjustments to this amount based on later loss information.

18  The adjustments to reimbursement amounts shall require the

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

20  most recent calculation of losses.

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

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

23  determines that it is possible to raise through revenue bonds

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

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

26  insufficient to pay reimbursement to all insurers at the level

27  promised in the contract, the board shall:

28         a.  First reimburse insurers writing covered policies,

29  which insurers are in full compliance with this section and

30  have petitioned the Department of Insurance and qualified as

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


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

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

  3  reimbursement premium for the current year.  The amount of

  4  reimbursement paid under this sub-subparagraph may not exceed

  5  the full amount of reimbursement promised in the reimbursement

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

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

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

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

10  receive reimbursement under this sub-subparagraph.

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

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

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

14  paid for that contract year, multiplied by the actual

15  claims-paying capacity available for that contract year,

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

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

18  determination shall be adjusted to reflect payments made under

19  sub-subparagraph a.

20         c.  Thereafter, establish, based on reimbursable

21  losses, the prorated reimbursement level at the highest level

22  for which any remaining fund balance or bond proceeds are

23  sufficient to reimburse entities created pursuant to s.

24  627.351 for losses exceeding the amounts payable pursuant to

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

26         (e)1.  Except as provided in subparagraphs 2. and 3.,

27  the contract shall provide that if an insurer demonstrates to

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

29  the contract, and demonstrates to the board that the immediate

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

31  insurer from becoming insolvent, the board shall advance the


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

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

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

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

  5  the amount of the advance loan and interest thereon.

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

  7  627.351, the contract shall also provide that the board may,

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

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

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

11  due to such entity; or

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

13  premium paid for that contract year, multiplied by the

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

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

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

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

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

19  sufficient and are sufficiently liquid to allow the board to

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

21  reimbursement obligations to other insurers. The entity's

22  final reimbursement for any contract year in which an advance

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

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

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

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

27  exposure and its losses at any time to determine retention

28  levels and reimbursements payable.

29         3.  The contract shall also provide specifically and

30  solely with respect to any limited apportionment company under

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


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

  2  estimated reimbursement payable to such company as calculated

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

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

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

  6  such company and at the same time fulfill its reimbursement

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

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

  9  which an advance pursuant to this subparagraph has been made

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

11  advance and interest thereon.  In order to determine what

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

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

14  such times as may be required to determine retention levels

15  and loss reimbursements payable.

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

17  reported the insured values on which the reimbursement premium

18  is based and to ensure that insurers have properly reported

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

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

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

22  appropriate and in such manner as is consistent with generally

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

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

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

26  shall be reimbursed by the insurer for any audit expenses

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

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

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

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

31  provide requested information while the audit is in progress.


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

  2  information to be inadequate or inadequately posted, recorded,

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

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

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

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

  7  records or deficiencies after the board has given the insurer

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

  9  contained in an audit report, which information is described

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

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

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

13  paragraph expands the exemption in s. 215.557.

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

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

16  the Florida Insurance Guaranty Association for the benefit of

17  Florida policyholders of the insurer the net amount of all

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

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

20  means that amount which remains after reimbursement for:

21         1.  Preliminary or duplicate payments owed to private

22  reinsurers or other inuring reinsurance payments to private

23  reinsurers that satisfy statutory or contractual obligations

24  of the insolvent insurer attributable to covered events to

25  such reinsurers; or

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

27  to cover obligations of the insolvent insurer under a credit

28  agreement that assists the insolvent insurer in paying claims

29  attributable to covered events.

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  1  Such private reinsurers, banks, or other financial

  2  institutions shall be reimbursed or otherwise paid prior to

  3  payment to the Florida Insurance Guaranty Association,

  4  notwithstanding any law to the contrary.  The guaranty

  5  association shall pay all claims up to the maximum amount

  6  permitted by chapter 631; thereafter, any remaining moneys

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

  8  paragraph does not apply to a joint underwriting association,

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

10  627.351.

11         (5)  REIMBURSEMENT PREMIUMS.--

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

13  insurer shall notify the board of its insured values under

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

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

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

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

18  premium pursuant to a periodic payment plan specified in the

19  contract. The board shall provide for payment of reimbursement

20  premium in periodic installments and for the adjustment of

21  provisional premium installments collected prior to submission

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

23  The board shall collect interest on late reimbursement premium

24  payments consistent with the assumptions made in developing

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

26         (6)  REVENUE BONDS.--

27         (a)  General provisions.--

28         1.  Upon the occurrence of a hurricane and a

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

30  insufficient to pay reimbursement at the levels promised in

31  the reimbursement contracts, the board may take the necessary


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

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

  3  such revenue bonds may be used to make reimbursement payments

  4  under reimbursement contracts; to refinance or replace

  5  previously existing borrowings or financial arrangements; to

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

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

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

  9  and delivering the bonds, costs of printing the official

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

11  and related administrative expenses; or for such other

12  purposes related to the financial obligations of the fund as

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

14  30 years. The board may pledge or authorize the corporation to

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

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

17  board may execute such agreements between the board and the

18  issuer of any revenue bonds and providers of other financing

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

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

21  pledge. If reimbursement premiums received under subsection

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

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

24  only after the use of the moneys derived from assessments

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

26  power of the state or political subdivisions of the state

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

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

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

30  absence of a hurricane upon a determination that such action

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  1  would maximize the ability of the fund to meet future

  2  obligations.

  3         2.  The Legislature finds and declares that the

  4  issuance of bonds under this subsection is for the public

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

  6  thereby enabling insurers to pay the claims of policyholders

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

  8  construction, reconstruction, repair, restoration, and other

  9  costs associated with damage to property of policyholders of

10  covered policies after the occurrence of a hurricane. Revenue

11  bonds may not be issued under this subsection until validated

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

13  obligations incurred pursuant to this subsection shall be

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

15  basis.

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

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

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

19  corporation, including repayment of revenue bonds, the board

20  shall direct the Department of Insurance to levy an emergency

21  assessment on each insurer writing property and casualty

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

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

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

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

26  from all property and casualty business in this state except

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

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

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

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

31  exceeding 4 percent of such premium. Any assessment authority


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

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

  3  determines that the amount of revenue produced under

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

  5  and expenses of the fund and the corporation, including

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

  7  shall direct the Department of Insurance to levy an emergency

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

  9  assessment authority from a previous contract year or years,

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

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

12  covered event.  Any assessment authority not used for the

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

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

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

16  Exhibit of Premiums and Losses, in the annual statement

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

18  section, except for those lines identified as accident and

19  health insurance. The annual assessments under this

20  subparagraph shall continue as long as the revenue bonds

21  issued with respect to which the assessment was imposed are

22  outstanding, unless adequate provision has been made for the

23  payment of such bonds pursuant to the documents authorizing

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

25  subject to aggregate annual assessments under this

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

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

28  time be subject to aggregate annual assessments under this

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

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

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


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  1  change attributable entirely to the assessment levied under

  2  this subparagraph shall be deemed approved when made, subject

  3  to the authority of the Department of Insurance to require

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

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

  6  attributable to the assessment under this paragraph, the

  7  filing may consist of a certification so stating. The

  8  assessments otherwise payable to the corporation pursuant to

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

10  until the Department of Insurance has received from the

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

12  and upon which the Department of Insurance may rely without

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

14  fund has no agreements in effect with local governments

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

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

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

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

19  agreements with the corporation.

20         (b)  Revenue bond issuance through counties or

21  municipalities.--

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

23  local governments for the issuance of revenue bonds for the

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

25  with one or more local governments, including agreements

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

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

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

29  125.013 or s. 166.101 from time to time to fund an assistance

30  program, in conjunction with the Florida Hurricane Catastrophe

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


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  1  purpose of paying the costs of construction, reconstruction,

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

  3  properties of policyholders of covered policies due to the

  4  occurrence of a hurricane by assuring that policyholders

  5  located in this state are able to recover claims under

  6  property insurance policies after a covered event.

  7         2.  In order to avoid needless and indiscriminate

  8  proliferation, duplication, and fragmentation of such

  9  assistance programs, any local government may provide for the

10  payment of fund reimbursements, regardless of whether or not

11  the losses for which reimbursement is made occurred within or

12  outside of the territorial jurisdiction of the local

13  government.

14         3.  The state hereby covenants with holders of bonds

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

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

17  Insurance to levy the assessments and to collect the proceeds

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

19  as any such bonds remain outstanding unless adequate provision

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

21  documents authorizing the issuance of such bonds.

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

23  cause of action shall arise against any members or employees

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

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

26  paragraph.

27         (c)  Florida Hurricane Catastrophe Fund Finance

28  Corporation.--

29         1.  In addition to the findings and declarations in

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

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  1         a.  The public benefits corporation created under this

  2  paragraph will provide a mechanism necessary for the

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

  4  will eliminate unnecessary costs in the bond issuance process,

  5  thereby increasing the amounts available to pay reimbursement

  6  for losses to property sustained as a result of hurricane

  7  damage.

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

  9  through the Florida Hurricane Catastrophe Fund to pay for the

10  costs of construction, reconstruction, repair, restoration,

11  and other costs associated with damage to properties of

12  policyholders of covered policies due to the occurrence of a

13  hurricane.

14         c.  The efficacy of the financing mechanism will be

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

16  the insulation of the assessments from possible bankruptcy

17  proceedings, and by covenants of the state with the

18  corporation's bondholders.

19         2.a.  There is created a public benefits corporation,

20  which is an instrumentality of the state, to be known as the

21  Florida Hurricane Catastrophe Fund Finance Corporation.

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

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

24  the Comptroller or a designee, the Treasurer or a designee,

25  the director of the Division of Bond Finance of the State

26  Board of Administration, and the chief operating officer of

27  the Florida Hurricane Catastrophe Fund.

28         c.  The corporation has all of the powers of

29  corporations under chapter 607 and under chapter 617, subject

30  only to the provisions of this subsection.

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

  2  other financial transactions as are necessary to provide

  3  sufficient funds to achieve the purposes of this section.

  4         e.  The corporation may invest in any of the

  5  investments authorized under s. 215.47.

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

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

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

  9  the performance of their duties under this paragraph.

10         3.a.  In actions under chapter 75 to validate any bonds

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

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

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

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

15  of the Second Judicial Circuit.

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

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

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

19  levy the assessments and to collect the proceeds of the

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

21  such bonds remain outstanding unless adequate provision has

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

23  documents authorizing the issuance of such bonds.

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

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

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

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

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

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

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

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


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  1         5.a.  The property, revenues, and other assets of the

  2  corporation; the transactions and operations of the

  3  corporation and the income from such transactions and

  4  operations; and all bonds issued under this paragraph and

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

  6  and any political subdivision, including the intangibles tax

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

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

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

10  corporations other than the Florida Hurricane Catastrophe Fund

11  Finance Corporation.

12         b.  All bonds of the corporation shall be and

13  constitute legal investments without limitation for all public

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

15  banks, savings associations, savings and loan associations,

16  and investment companies; for all administrators, executors,

17  trustees, and other fiduciaries; for all insurance companies

18  and associations and other persons carrying on an insurance

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

20  hereafter be authorized to invest in bonds or other

21  obligations of the state and shall be and constitute eligible

22  securities to be deposited as collateral for the security of

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

24  sub-subparagraph shall be considered as additional and

25  supplemental authority and shall not be limited without

26  specific reference to this sub-subparagraph.

27         6.  The corporation and its corporate existence shall

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

29  take effect as long as the corporation has bonds outstanding

30  unless adequate provision has been made for the payment of

31  such bonds pursuant to the documents authorizing the issuance


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

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

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

  4         (d)  Protection of bondholders.--

  5         1.  As long as the corporation has any bonds

  6  outstanding, neither the fund nor the corporation shall have

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

  8  the federal bankruptcy code or such corresponding chapter or

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

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

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

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

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

14  from time to time, during any such period.

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

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

17  denial of authority under this paragraph or the rights under

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

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

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

21  long as any such bonds remain outstanding unless adequate

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

23  to the documents authorizing the issuance of such bonds.

24         3.  Notwithstanding any other provision of law, any

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

26  accounts, contract rights, general intangibles, or other

27  personal property made or created by the fund or the

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

29  time such pledge is made or other security interest attaches

30  without any physical delivery of the collateral or further act

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


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

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

  3  against the fund or the corporation irrespective of whether or

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

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

  6  financing statement need be recorded or filed.

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

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

  9  provisions and requirements of the reimbursement contract,

10  required by and adopted pursuant to this section.

11         (14)  SEVERABILITY.--If any provision of this section

12  or its application to any person or circumstance is held

13  invalid, the invalidity does not affect other provisions or

14  applications of the section which can be given effect without

15  the invalid provision or application, and to this end the

16  provisions of this section are declared severable.

17         Section 2.  This act shall take effect June 1, 1999.

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