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





                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 215

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Tullis offered the following:

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13         Amendment (with title amendment) 

14         On page 5, between lines 5 and 6

15

16  insert:

17         Section 5.  Section 628.730, Florida Statutes, is

18  created to read:

19         628.730  Merger with intermediate holding company.--

20         (1)  A mutual insurance holding company may, pursuant

21  to a plan and agreement of merger approved by the department,

22  in accordance with s. 628.715, ((2)(b), merge into its

23  intermediate holding company. The surviving intermediate

24  holding company shall assume all of the assets and liabilities

25  of the mutual insurance holding company, and all of the stock

26  of the intermediate holding company owned by the mutual

27  insurance holding company immediately prior to the merger

28  shall be distributed to existing persons who were members of

29  the mutual insurance holding company at any time within the

30  3-year period preceeding the date of such merger.

31         (2)  The distributive share of each such member shall

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    File original & 9 copies    03/28/00
    her0001                     02:31 pm         00215-0017-910521




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 215

    Amendment No.     (for drafter's use only)





 1  be determined by a formula based upon such reasonable

 2  classifications of members as the department may approve.

 3         (3)  For purposes of creating a public market for the

 4  shares of the intermediate holding company, the mutual

 5  insurance holding company may, immediately prior to the

 6  merger, sell or cause the intermediate holding company to sell

 7  to the public up to 25 percent of its capital stock

 8  representing no more than 25 percent of the voting stock of

 9  the intermediate holding company.

10         (4)  The department shall hold a public hearing to

11  allow public comment on the plan and agreement of merger. The

12  hearing must be held within 60 days after receipt of the

13  department of the proposed plan and agreement of merger.

14         (5)  The plan and agreement of merger shall be

15  submitted to the members of the mutual holding company for

16  their approval and shall take effect only if approved by a

17  majority of the members of the mutual insurance holding

18  company who vote either in person or by proxy on such merger

19  at a meeting called for the purpose of voting on such merger,

20  pursuant to reasonable notice and procedures as approved by

21  the department.

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

25  And the title is amended as follows:

26         On page 1, line 18, after the semicolon,

27

28  insert:

29         creating s. 628.730, F.S.; providing for merger

30         of a mutual insurance holding company into its

31         intermediate holding company; requiring a plan

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    File original & 9 copies    03/28/00
    her0001                     02:31 pm         00215-0017-910521




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 215

    Amendment No.     (for drafter's use only)





 1         and agreement of merger; requiring approval by

 2         the Department of Insurance; providing

 3         requirements for distribution of assets and

 4         liabilities; authorizing sales of shares of the

 5         mutual insurance holding company for certain

 6         purposes; requiring the department to hold a

 7         public hearing on the merger; requiring the

 8         plan and agreement of merger to be voted on by

 9         members of the mutual insurance holding

10         company;

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    File original & 9 copies    03/28/00
    her0001                     02:31 pm         00215-0017-910521