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





                                                   HOUSE AMENDMENT

    hbd-32                                        Bill No. HB 1979

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Cosgrove offered the following:

12

13         Amendment (with title amendment) 

14         On page 11, line 25, through page 18, line 28,

15  remove from the bill:  all of said lines,

16

17  and insert in lieu thereof:

18         d.(I)  When the deficit incurred in a particular

19  calendar year is 10 percent or less of the aggregate statewide

20  direct written premium for property insurance for the prior

21  calendar year for all member insurers, the association shall

22  levy an assessment on member insurers in an amount equal to

23  the deficit.

24         (II)  When the deficit incurred in a particular

25  calendar year exceeds 10 percent of the aggregate statewide

26  direct written premium for property insurance for the prior

27  calendar year for all member insurers, the association shall

28  levy an assessment on member insurers in an amount equal to

29  the greater of 10 percent of the deficit or 10 percent of the

30  aggregate statewide direct written premium for property

31  insurance for the prior calendar year for member insurers. Any

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    hbd0022                     01:55 pm         01979-0119-552159




                                                   HOUSE AMENDMENT

    hbd-32                                        Bill No. HB 1979

    Amendment No.     (for drafter's use only)





 1  remaining deficit shall be recovered through emergency

 2  assessments under sub-sub-subparagraph (III).

 3         (III)  Upon a determination by the board of directors

 4  that a deficit exceeds the amount that will be recovered

 5  through regular assessments on member insurers, pursuant to

 6  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

 7  board shall levy, after verification by the department,

 8  emergency assessments to be collected by member insurers, by

 9  surplus lines insurers, and by underwriting associations

10  created pursuant to this section which write property

11  insurance, upon issuance or renewal of property insurance

12  policies other than National Flood Insurance policies in the

13  year or years following levy of the regular assessments. The

14  amount of the emergency assessment collected in a particular

15  year shall be a uniform percentage of that year's direct

16  written premium for property insurance for all member

17  insurers, surplus lines insurers, and underwriting

18  associations, excluding National Flood Insurance policy

19  premiums, as annually determined by the board and verified by

20  the department. The department shall verify the arithmetic

21  calculations involved in the board's determination within 30

22  days after receipt of the information on which the

23  determination was based. Notwithstanding any other provision

24  of law, each member insurer, each surplus lines insurer, and

25  each underwriting association created pursuant to this section

26  shall collect emergency assessments from its policyholders

27  without such obligation being affected by any credit,

28  limitation, exemption, or deferment.  The emergency

29  assessments so collected shall be transferred directly to the

30  association on a periodic basis as determined by the

31  association. The aggregate amount of emergency assessments

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                                                   HOUSE AMENDMENT

    hbd-32                                        Bill No. HB 1979

    Amendment No.     (for drafter's use only)





 1  levied under this sub-sub-subparagraph in any calendar year

 2  may not exceed the greater of 10 percent of the amount needed

 3  to cover the original deficit, plus interest, fees,

 4  commissions, required reserves, and other costs associated

 5  with financing of the original deficit, or 10 percent of the

 6  aggregate statewide direct written premium for property

 7  insurance written by member insurers and underwriting

 8  associations for the prior year, plus interest, fees,

 9  commissions, required reserves, and other costs associated

10  with financing the original deficit. The board may pledge the

11  proceeds of the emergency assessments under this

12  sub-sub-subparagraph as the source of revenue for bonds, to

13  retire any other debt incurred as a result of the deficit or

14  events giving rise to the deficit, or in any other way that

15  the board determines will efficiently recover the deficit. The

16  emergency assessments under this sub-sub-subparagraph shall

17  continue as long as any bonds issued or other indebtedness

18  incurred with respect to a deficit for which the assessment

19  was imposed remain outstanding, unless adequate provision has

20  been made for the payment of such bonds or other indebtedness

21  pursuant to the document governing such bonds or other

22  indebtedness. Emergency assessments collected under this

23  sub-sub-subparagraph are not part of an insurer's rates, are

24  not premium, and are not subject to premium tax, fees, or

25  commissions; however, failure to pay the emergency assessment

26  shall be treated as failure to pay premium.

27         (IV)  Each member insurer's share of the total regular

28  assessments under sub-sub-subparagraph (I) or

29  sub-sub-subparagraph (II) shall be in the proportion that the

30  insurer's net direct premium for property insurance in this

31  state, for the year preceding the assessment bears to the

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                                                   HOUSE AMENDMENT

    hbd-32                                        Bill No. HB 1979

    Amendment No.     (for drafter's use only)





 1  aggregate statewide net direct premium for property insurance

 2  of all member insurers, as reduced by any credits for

 3  voluntary writings for that year.

 4         (V)  If regular deficit assessments are made under

 5  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), or by

 6  the Residential Property and Casualty Joint Underwriting

 7  Association under sub-subparagraph (6)(b)3.a. or

 8  sub-subparagraph (6)(b)3.b., the association shall levy upon

 9  the association's policyholders, as part of its next rate

10  filing, or by a separate rate filing solely for this purpose,

11  a market equalization surcharge in a percentage equal to the

12  total amount of such regular assessments divided by the

13  aggregate statewide direct written premium for property

14  insurance for member insurers for the prior calendar year.

15  Market equalization surcharges under this sub-sub-subparagraph

16  are not considered premium and are not subject to commissions,

17  fees, or premium taxes; however, failure to pay a market

18  equalization surcharge shall be treated as failure to pay

19  premium.

20         e.  The governing body of any unit of local government,

21  any residents of which are insured under the plan, may issue

22  bonds as defined in s. 125.013 or s. 166.101 to fund an

23  assistance program, in conjunction with the association, for

24  the purpose of defraying deficits of the association. In order

25  to avoid needless and indiscriminate proliferation,

26  duplication, and fragmentation of such assistance programs,

27  any unit of local government, any residents of which are

28  insured by the association, may provide for the payment of

29  losses, regardless of whether or not the losses occurred

30  within or outside of the territorial jurisdiction of the local

31  government. Revenue bonds may not be issued until validated

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                                                   HOUSE AMENDMENT

    hbd-32                                        Bill No. HB 1979

    Amendment No.     (for drafter's use only)





 1  pursuant to chapter 75, unless a state of emergency is

 2  declared by executive order or proclamation of the Governor

 3  pursuant to s. 252.36 making such findings as are necessary to

 4  determine that it is in the best interests of, and necessary

 5  for, the protection of the public health, safety, and general

 6  welfare of residents of this state and the protection and

 7  preservation of the economic stability of insurers operating

 8  in this state, and declaring it an essential public purpose to

 9  permit certain municipalities or counties to issue bonds as

10  will provide relief to claimants and policyholders of the

11  association and insurers responsible for apportionment of plan

12  losses. Any such unit of local government may enter into such

13  contracts with the association and with any other entity

14  created pursuant to this subsection as are necessary to carry

15  out this paragraph. Any bonds issued under this

16  sub-subparagraph shall be payable from and secured by moneys

17  received by the association from assessments under this

18  subparagraph, and assigned and pledged to or on behalf of the

19  unit of local government for the benefit of the holders of

20  such bonds. The funds, credit, property, and taxing power of

21  the state or of the unit of local government shall not be

22  pledged for the payment of such bonds. If any of the bonds

23  remain unsold 60 days after issuance, the department shall

24  require all insurers subject to assessment to purchase the

25  bonds, which shall be treated as admitted assets; each insurer

26  shall be required to purchase that percentage of the unsold

27  portion of the bond issue that equals the insurer's relative

28  share of assessment liability under this subsection. An

29  insurer shall not be required to purchase the bonds to the

30  extent that the department determines that the purchase would

31  endanger or impair the solvency of the insurer. The authority

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                                                   HOUSE AMENDMENT

    hbd-32                                        Bill No. HB 1979

    Amendment No.     (for drafter's use only)





 1  granted by this sub-subparagraph is additional to any bonding

 2  authority granted by subparagraph 6.

 3         3.  The plan shall also provide that any member with a

 4  surplus as to policyholders of $20 million or less writing 25

 5  percent or more of its total countrywide property insurance

 6  premiums in this state may petition the department, within the

 7  first 90 days of each calendar year, to qualify as a limited

 8  apportionment company. The apportionment of such a member

 9  company in any calendar year for which it is qualified shall

10  not exceed its gross participation, which shall not be

11  affected by the formula for voluntary writings. In no event

12  shall a limited apportionment company be required to

13  participate in any apportionment of losses pursuant to

14  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II)

15  in the aggregate which exceeds $50 million after payment of

16  available plan funds in any calendar year. However, a limited

17  apportionment company shall collect from its policyholders any

18  emergency assessment imposed under sub-sub-subparagraph

19  2.d.(III). The plan shall provide that, if the department

20  determines that any regular assessment will result in an

21  impairment of the surplus of a limited apportionment company,

22  the department may direct that all or part of such assessment

23  be deferred. However, there shall be no limitation or

24  deferment of an emergency assessment to be collected from

25  policyholders under sub-sub-subparagraph 2.d.(III).

26         4.  The plan shall provide for the deferment, in whole

27  or in part, of a regular assessment of a member insurer under

28  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II),

29  but not for an emergency assessment collected from

30  policyholders under sub-sub-subparagraph 2.d.(III), if, in the

31  opinion of the commissioner, payment of such regular

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    File original & 9 copies    04/22/99
    hbd0022                     01:55 pm         01979-0119-552159




                                                   HOUSE AMENDMENT

    hbd-32                                        Bill No. HB 1979

    Amendment No.     (for drafter's use only)





 1  assessment would endanger or impair the solvency of the member

 2  insurer. In the event a regular assessment against a member

 3  insurer is deferred in whole or in part, the amount by which

 4  such assessment is deferred may be assessed against the other

 5  member insurers in a manner consistent with the basis for

 6  assessments set forth in sub-sub-subparagraph 2.d.(I) or

 7  sub-sub-subparagraph 2.d.(II).

 8

 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 1, lines 18-22,

13  remove from the title of the bill:  all of said lines,

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15  and insert in lieu thereof:

16         "qualified offer of coverage"; providing

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