House Bill 0093

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    Florida House of Representatives - 1999                  HB 93

        By Representative Starks






  1                      A bill to be entitled

  2         An act relating to title insurance reserve;

  3         amending s. 625.111, F.S.; providing a formula

  4         for releasing unearned premium reserve over a

  5         period of years; providing an effective date.

  6

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

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  9         Section 1.  Subsections (1) and (2) of section 625.111,

10  Florida Statutes, are amended to read:

11         625.111  Title insurance reserve.--In addition to an

12  adequate reserve as to outstanding losses, as required under

13  s. 625.041, a title insurer shall establish, segregate, and

14  maintain a guaranty fund or unearned premium reserve as

15  hereinafter provided.  The sums hereinafter required to be

16  reserved for unearned premiums on title guarantees and

17  policies at all times and for all purposes shall be considered

18  and constitute unearned portions of the original premiums and

19  shall be charged as a reserve liability of such insurer in

20  determining its financial condition.  While such sums are so

21  reserved, they shall be withdrawn from the use of the insurer

22  for its general purposes, impressed with a trust in favor of

23  the holders of title guarantees and policies, and held

24  available for reinsurance of the title guarantees and policies

25  in the event of the insolvency of the insurer.  Nothing herein

26  contained shall preclude such insurer from investing such

27  reserve in investments authorized by law for such an insurer,

28  and the income from such invested reserve shall be included in

29  the general income of the insurer to be used by such insurer

30  for any lawful purpose.

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    Florida House of Representatives - 1999                  HB 93

    204-199-99






  1         (1)  This unearned premium reserve shall consist of not

  2  less than an amount computed as follows:

  3         (a)  The amount of the unearned premium reserve on June

  4  30, 1999 1992; and

  5         (b)  A sum equal to 30 cents for each $1,000 of net

  6  retained liability under each title insurance policy on a

  7  single risk written on or after July 1, 1999 1992.

  8         (2)(a)  The adequacy of the unearned premium reserve

  9  existing on December 31, 1999 1992, shall be determined in

10  accordance with the unearned premium reserve requirements

11  existing on July 1, 1999 1992, and said unearned premium

12  reserve shall be released from the reserve and restored to net

13  profits over a period of 20 years in 12 equal annual

14  installments, beginning with calendar year 2000, as follows:

15  30 percent of the aggregate sum on July 1 of the year next

16  succeeding the year of addition; 15 percent of the aggregate

17  sum on July 1 of the next succeeding year; 10 percent of the

18  aggregate sum on July 1 of each of the next 2 succeeding

19  years; 5 percent of the aggregate sum on July 1 of each of the

20  next 2 succeeding years; 3 percent of the aggregate sum on

21  July 1 of each of the next 2 succeeding years; 2 percent of

22  the aggregate sum on July 1 of each of the next 7 succeeding

23  years; and 1 percent of the aggregate sum on July 1 of the

24  next 5 succeeding years 1993.

25         (b)  With respect to amounts reserved under this

26  section on or after January 1, 2000 1993, the insurer shall

27  release over a period of 20 years and restore to net profits

28  amounts reserved during a particular calendar year in 12 equal

29  annual installments, beginning in the subsequent calendar

30  year, as follows: 30 percent of the aggregate sum on July 1 of

31  such subsequent year; 15 percent of the aggregate sum on July

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    Florida House of Representatives - 1999                  HB 93

    204-199-99






  1  1 of the next succeeding year; 10 percent of the aggregate sum

  2  on July 1 of each of the next 2 succeeding years; 5 percent of

  3  the aggregate sum on July 1 of each of the next 2 succeeding

  4  years; 3 percent of the aggregate sum on July 1 of each of the

  5  next 2 succeeding years; 2 percent of the aggregate sum on

  6  July 1 of each of the next 7 succeeding years; and 1 percent

  7  of the aggregate sum on July 1 of the next 5 succeeding years.

  8         Section 2.  This act shall take effect July 1, 1999.

  9

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11                          HOUSE SUMMARY

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      Provides a formula for releasing and restoring to net
13    profits unearned premium reserve over a period of 20
      years beginning in calendar year 2000. See bill for
14    details.

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