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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1612

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Diaz-Balart moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, between lines 15 and 16,

15

16  insert:

17         Section 1.  Section 624.408, Florida Statutes, is

18  amended to read:

19         624.408  Surplus as to policyholders required; new and

20  existing insurers.--

21         (1)(a)  To maintain a certificate of authority to

22  transact any one kind or combinations of kinds of insurance,

23  as defined in part V of this chapter, an insurer in this state

24  shall at all times maintain surplus as to policyholders not

25  less than the greater of:

26         1.  Except as provided in subparagraph 5. and paragraph

27  (b), $1.5 million;

28         2.  For life insurers, 4 percent of the insurer's total

29  liabilities;

30         3.  For life and health insurers, 4 percent of the

31  insurer's total liabilities plus 6 percent of the insurer's

                                  1
    4:00 PM   04/10/00                              s1612c1c-37c2p




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1612

    Amendment No.    





 1  liabilities relative to health insurance; or

 2         4.  For all insurers other than mortgage guaranty

 3  insurers, life insurers, and life and health insurers, 10

 4  percent of the insurer's total liabilities.

 5         5.  For property and casualty insurers, $4 million.

 6         (b)  For any property and casualty insurer holding a

 7  certificate of authority on December 1, 1993, the following

 8  amounts apply instead of the $4 million required by

 9  subparagraph (a)5.:

10         1.  On December 31, 1998, and until December 30, 1999,

11  $2.25 million.

12         2.  On December 31, 1999, and until December 30, 2000,

13  $2.5 million.

14         3.  On December 31, 2000, and until December 30, 2001,

15  $2.75 million.

16         4.  On December 31, 2001, and until December 30, 2002,

17  $3 million.

18         5.  On December 31, 2002, and until December 30, 2003,

19  $3.25 million.

20         6.  On December 31, 2003, and until December 30, 2004,

21  $3.6 million.

22         7.  On December 31, 2004, and thereafter, $4 million.

23         (2)  For purposes of this section, liabilities shall

24  not include liabilities required under s. 625.041(4). For

25  purposes of computing minimum surplus as to policyholders

26  pursuant to s. 625.305(1), liabilities shall include

27  liabilities required under s. 625.041(4).

28         (3)  No insurer shall be required under this section to

29  have surplus as to policyholders greater than $100 million.

30         (4)  Mortgage guaranty insurers shall have and maintain

31  a minimum surplus as required by s. 635.042.

                                  2
    4:00 PM   04/10/00                              s1612c1c-37c2p




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1612

    Amendment No.    





 1         Section 2.  Section 635.042, Florida Statutes, is

 2  amended to read:

 3         635.042  Minimum surplus requirement Limitation on

 4  outstanding liability.--

 5         (1)  A mortgage guaranty insurer must have and maintain

 6  a minium surplus of not less than the greater of $4 million or

 7  10 percent of the insurer's total outstanding liabilities

 8  other than the required contingency reserve. An insurer shall

 9  not be required under this subsection to have a surplus as to

10  policyholders greater than $100 million.

11         (2)  A mortgage guaranty insurer must also possess

12  sufficient capital and surplus so that the total outstanding

13  aggregate exposure net of reinsurance under mortgage guaranty

14  policies written by the insurer does not exceed 25 times its

15  paid-in capital, surplus, and contingency reserve combined.

16  The audited financial reports required pursuant to s.

17  624.424(8) must disclose the total aggregate exposure net of

18  reinsurance under mortgage guaranty policies written by the

19  insurer.

20         (3)  If a mortgage guaranty insurer is not in

21  compliance with this section, the department may take any

22  action against such insurer that the department may take

23  against an insurer that is not in compliance with s. 624.408.

24  No mortgage guaranty insurer may at any time have outstanding

25  a total liability net of reinsurance, under its aggregate

26  mortgage guaranty insurance policies, exceeding 25 times its

27  paid-in capital, surplus, and contingency reserve combined.

28

29  (Redesignate subsequent sections.)

30

31

                                  3
    4:00 PM   04/10/00                              s1612c1c-37c2p




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1612

    Amendment No.    





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

 2  And the title is amended as follows:

 3         On page 1, line 2, delete that line

 4

 5  and insert:

 6         An act relating to mortgage guaranty and

 7         limited licenses insurance; amending s.

 8         624.408, F.S.; providing a minimum surplus for

 9         mortgage guaranty insurers; amending 635.042,

10         F.S.; providing for minimum surplus

11         requirements for mortgage guaranty insurers;

12         amending s.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4
    4:00 PM   04/10/00                              s1612c1c-37c2p