Senate Bill sb1822e1

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  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         627.351, F.S.; revising provisions governing

  4         financing arrangements and dissolutions;

  5         providing legislative intent; amending s.

  6         215.555, F.S.; redefining the term "covered

  7         policy"; amending s. 631.904, F.S.; redefining

  8         the term "covered claim"; amending s. 625.041,

  9         F.S.; revising the liabilities that a workers'

10         compensation insurer must include on its

11         financial statements; providing retroactive

12         application; amending s. 641.35, F.S.;

13         authorizing investment of funds of a health

14         maintenance organization in excess of certain

15         reserves and surplus under certain

16         circumstances; providing a limitation; amending

17         s. 624.4072, F.S.; extending the term of the

18         exemption from taxes and assessments on

19         minority-owned property and casualty insurers;

20         postponing the scheduled repeal of the law;

21         providing effective dates.

22

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

24

25         Section 1.  Paragraph (c) of subsection (2) of section

26  215.555, Florida Statutes, is amended to read:

27         215.555  Florida Hurricane Catastrophe Fund.--

28         (2)  DEFINITIONS.--As used in this section:

29         (c)  "Covered policy" means any insurance policy

30  covering residential property in this state, including, but

31  not limited to, any homeowner's, mobile home owner's, farm


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  1  owner's, condominium association, condominium unit owner's,

  2  tenant's, or apartment building policy, or any other policy

  3  covering a residential structure or its contents issued by any

  4  authorized insurer, including any joint underwriting

  5  association or similar entity created pursuant to law. The

  6  term "covered policy" includes any collateral protection

  7  insurance policy covering personal residences which protects

  8  both the borrower's and the lender's financial interests, in

  9  an amount at least equal to the coverage for the dwelling in

10  place under the lapsed homeowner's policy, if such policy can

11  be accurately reported as required in subsection (5).

12  Additionally, covered policies include policies covering the

13  peril of wind removed from the Florida Residential Property

14  and Casualty Joint Underwriting Association, created pursuant

15  to s. 627.351(6), or from the Florida Windstorm Underwriting

16  Association, created pursuant to s. 627.351(2), by an

17  authorized insurer under the terms and conditions of an

18  executed assumption agreement between the authorized insurer

19  and either such association. Each assumption agreement between

20  either association and such authorized insurer must be

21  approved by the Florida Department of Insurance prior to the

22  effective date of the assumption, and the Department of

23  Insurance must provide written notification to the board

24  within 15 working days after such approval. "Covered policy"

25  does not include any policy that excludes wind coverage or

26  hurricane coverage or any reinsurance agreement and does not

27  include any policy otherwise meeting this definition which is

28  issued by a surplus lines insurer or a reinsurer.

29         Section 2.  Subsection (2) of section 631.904, Florida

30  Statutes, is amended to read:

31         631.904  Definitions.--As used in this part, the term:


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  1         (2)  "Covered claim" means an unpaid claim, including a

  2  claim for return of unearned premiums, which arises out of, is

  3  within the coverage of, and is not in excess of the applicable

  4  limits of, an insurance policy to which this part applies,

  5  which policy was issued by an insurer and which claim is made

  6  on behalf of a claimant or insured who was a resident of this

  7  state at the time of the injury. The term "covered claim" does

  8  not include any amount sought as a return of premium under any

  9  retrospective rating plan; any amount due any reinsurer,

10  insurer, insurance pool, or underwriting association, as

11  subrogation recoveries or otherwise; or any return of premium

12  resulting from a policy that was not in force on the date of

13  the final order of liquidation. Member insurers have no right

14  of subrogation against the insured of any insolvent insurer.

15  This provision shall be applied retroactively to cover claims

16  of an insolvent self-insurance fund resulting from accidents

17  or losses incurred prior to January 1, 1994, regardless of the

18  date the Department of Insurance filed a petition in circuit

19  court alleging insolvency and the date the court entered an

20  order appointing a receiver.

21         Section 3.  Effective upon becoming a law and operating

22  retroactively to January 1, 2002, subsection (5) is added to

23  section 625.041, Florida Statutes, to read:

24         625.041  Liabilities, in general.--In any determination

25  of the financial condition of an insurer, liabilities to be

26  charged against its assets shall include:

27         (5)  Any insurer in this state which writes workers'

28  compensation insurance shall accrue a liability on its

29  financial statements for all Special Disability Trust Fund

30  assessments that are due within the current calendar year. In

31  addition, such insurers shall also disclose in the notes to


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  1  the financial statements required to be filed pursuant to s.

  2  624.424 an estimate of future Special Disability Trust Fund

  3  assessments, if such assessments are likely to occur and can

  4  be estimated with reasonable certainty.

  5         Section 4.  Subsection (15) of section 641.35, Florida

  6  Statutes, is amended to read:

  7         641.35  Assets, liabilities, and investments.--

  8         (15)  SPECIAL CONSENT INVESTMENT OF EXCESS FUNDS.--

  9         (a)  After satisfying the requirements of this part,

10  any funds of a health maintenance organization in excess of

11  its statutorily required reserves and surplus may be invested:

12         1.  Without limitation in any investments otherwise

13  authorized by this part; or

14         2.  In such other investments not specifically

15  authorized by this part provided such investments do not

16  exceed the lesser 5 percent of the health maintenance

17  organization's admitted assets or 25 percent of the amount by

18  which a health maintenance organization's surplus exceeds its

19  statutorily required minimum surplus. A health maintenance

20  organization may exceed the limitations of this subparagraph

21  only with the prior written approval of the department.

22         (b)  Nothing in this subsection authorizes a health

23  maintenance organization to:

24         1.  Invest any funds in excess of the amount by which

25  its actual surplus exceeds its statutorily required minimum

26  surplus; or

27         2.  Make any investment prohibited by this code Any

28  investment of the health maintenance organization's funds not

29  enumerated in this part requires the prior approval of the

30  department.

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  1         Section 5.  Section 624.4072, Florida Statutes, is

  2  amended to read:

  3         624.4072  Minority-owned property and casualty

  4  insurers; limited exemption for taxation and assessments.--

  5         (1)  A minority business that is at least 51 percent

  6  owned by minority persons, as defined in s. 288.703(3),

  7  initially issued a certificate of authority in this state as

  8  an authorized insurer after May 1, 1998, and before January 1,

  9  2002, to write property and casualty insurance shall be

10  exempt, for a period not to exceed 10 5 years from the date of

11  receiving its certificate of authority, from the following

12  taxes and assessments:

13         (a)  Taxes imposed under ss. 175.101, 185.08, and

14  624.509;

15         (b)  Assessments by the Florida Residential Property

16  and Casualty Joint Underwriting Association or by the Florida

17  Windstorm Underwriting Association, as provided under s.

18  627.351, except for emergency assessments collected from

19  policyholders pursuant to s. 627.351(2)(b)2.d.(III) and

20  (6)(b)3.d. Any such insurer shall be a member insurer of the

21  Florida Windstorm Underwriting Association and the Florida

22  Residential Property and Casualty Joint Underwriting

23  Association. The premiums of such insurer shall be included in

24  determining, for the Florida Windstorm Underwriting

25  Association, the aggregate statewide direct written premium

26  for property insurance and in determining, for the Florida

27  Residential Property and Casualty Joint Underwriting

28  Association, the aggregate statewide direct written premium

29  for the subject lines of business for all member insurers.

30         (2)  Subsection (1) applies only to personal lines and

31  commercial lines residential property insurance policies as


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  1  defined in s. 627.4025, and applies only to an insurer that

  2  has employees in this state and has a home office or a

  3  regional office in this state.  With respect to any tax year

  4  or assessment year, the exemptions provided by subsection (1)

  5  apply only if during the year an average of at least 10

  6  percent of the insurer's Florida residential property policies

  7  in force covered properties located in enterprise zones

  8  designated pursuant to s. 290.0065.

  9         (3)  The provision of the definition of "minority

10  person" in s. 288.703(3) that requires residency in Florida

11  shall not apply to the term "minority person" as used in this

12  section or s. 627.3511.

13         (4)  This section is repealed effective December 31,

14  2010 July 1, 2003, and the tax and assessment exemptions

15  authorized by this section shall terminate on such date.

16         Section 6.  Effective July 1, 2002, and contingent upon

17  SB 1418 becoming a law, paragraph (k) of subsection (6) of

18  section 627.351, Florida Statutes, is amended and paragraph

19  (p) is added to that subsection, to read:

20         (6)  CITIZENS RESIDENTIAL PROPERTY INSURANCE

21  CORPORATION AND CASUALTY JOINT UNDERWRITING ASSOCIATION.--

22         (k)  Upon a determination by the department board of

23  governors that the conditions giving rise to the establishment

24  and activation of the corporation association no longer exist,

25  and upon the consent thereto by order of the department, the

26  corporation association is dissolved. Upon dissolution, the

27  assets of the association shall be applied first to pay all

28  debts, liabilities, and obligations of the corporation

29  association, including the establishment of reasonable

30  reserves for any contingent liabilities or obligations, and

31  all remaining assets of the corporation association shall


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  1  become property of the state and deposited in the Florida

  2  Hurricane Catastrophe Fund. However, no dissolution shall take

  3  effect as long as the corporation has bonds or other financial

  4  obligations outstanding unless adequate provision has been

  5  made for the payment of the bonds or other financial

  6  obligations pursuant to the documents authorizing the issuance

  7  of the bonds or other financial obligations.

  8         (p)  In enacting the provisions of this section, the

  9  Legislature recognizes that both the Florida Windstorm

10  Underwriting Association and the Residential Property and

11  Casualty Joint Underwriting Association have entered into

12  financing arrangements that obligate each entity to service

13  its debts and maintain the capacity to repay funds secured

14  under these financing arrangements. It is the intent of the

15  Legislature that nothing in this section be construed to

16  compromise, diminish, or interfere with the rights of

17  creditors under such financing arrangements. It is further the

18  intent of the Legislature to preserve the obligations of the

19  Florida Windstorm Underwriting Association and Residential

20  Property and Casualty Joint Underwriting Association with

21  regard to outstanding financing arrangements, with such

22  obligations passing entirely and unchanged to the corporation

23  and, specifically, to the applicable account of the

24  corporation. So long as any bonds, notes, indebtedness, or

25  other financing obligations of the Florida Windstorm

26  Underwriting Association or the Residential Property and

27  Casualty Joint Underwriting Association are outstanding, under

28  the terms of the financing documents pertaining to them, the

29  governing board of the corporation shall have and shall

30  exercise the authority to levy, charge, collect, and receive

31  all premiums, assessments, surcharges, charges, revenues and


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  1  receipts that the associations had authority to levy, charge,

  2  collect, or receive under the provisions of subsection (2) and

  3  subsection (6), respectively, as they existed on January 1,

  4  2002, to provide moneys, without exercise of the authority

  5  provided by this subsection, in at least the amounts, and by

  6  the times, as would be provided under those former provisions

  7  of subsection (2) or subsection (6), respectively, so that the

  8  value, amount, and collectability of any assets, revenues, or

  9  revenue source pledged or committed to, or any lien thereon

10  securing such outstanding bonds, notes, indebtedness, or other

11  financing obligations will not be diminished, impaired, or

12  adversely affected by the amendments made by this act and to

13  permit compliance with all provisions of financing documents

14  pertaining to such bonds, notes, indebtedness, or other

15  financing obligations, or the security or credit enhancement

16  for them, and any reference in this subsection to bonds,

17  notes, indebtedness, financing obligations, or similar

18  obligations, of the corporation shall include like instruments

19  or contracts of the Florida Windstorm Underwriting Association

20  and the Residential Property and Casualty Joint Underwriting

21  Association to the extent not inconsistent with the provisions

22  of the financing documents pertaining to them.

23         Section 7.  The amendments to section 627.351, Florida

24  Statutes, in this act prevail over any conflicting amendments

25  to that section contained in SB 1418.

26         Section 8.  Except as otherwise expressly provided in

27  this act, this act shall take effect July 1, 2002.

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