SENATE AMENDMENT
    Bill No. CS/HB 385, 1st Eng.
    Amendment No. ___   Barcode 692624
                            CHAMBER ACTION
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11  Senator Garcia moved the following amendment to amendment
12  (822970):
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14         Senate Amendment (with title amendment) 
15         On page 10, between lines 21 and 22,
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17  insert:  
18         Section 11.  Effective July 1, 2002, and contingent
19  upon SB 1418 becoming a law, paragraph (k) of subsection (6)
20  of section 627.351, Florida Statutes, is amended and paragraph
21  (p) is added to that subsection, to read:
22         (6)  CITIZENS RESIDENTIAL PROPERTY INSURANCE
23  CORPORATION AND CASUALTY JOINT UNDERWRITING ASSOCIATION.--
24         (k)  Upon a determination by the department board of
25  governors that the conditions giving rise to the establishment
26  and activation of the corporation association no longer exist,
27  and upon the consent thereto by order of the department, the
28  corporation association is dissolved. Upon dissolution, the
29  assets of the association shall be applied first to pay all
30  debts, liabilities, and obligations of the corporation
31  association, including the establishment of reasonable
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 385, 1st Eng.
    Amendment No. ___   Barcode 692624
 1  reserves for any contingent liabilities or obligations, and
 2  all remaining assets of the corporation association shall
 3  become property of the state and deposited in the Florida
 4  Hurricane Catastrophe Fund. However, no dissolution shall take
 5  effect as long as the corporation has bonds or other financial
 6  obligations outstanding unless adequate provision has been
 7  made for the payment of the bonds or other financial
 8  obligations pursuant to the documents authorizing the issuance
 9  of the bonds or other financial obligations.
10         (p)  In enacting the provisions of this section, the
11  Legislature recognizes that both the Florida Windstorm
12  Underwriting Association and the Residential Property and
13  Casualty Joint Underwriting Association have entered into
14  financing arrangements that obligate each entity to service
15  its debts and maintain the capacity to repay funds secured
16  under these financing arrangements. It is the intent of the
17  Legislature that nothing in this section be construed to
18  compromise, diminish, or interfere with the rights of
19  creditors under such financing arrangements. It is further the
20  intent of the Legislature to preserve the obligations of the
21  Florida Windstorm Underwriting Association and Residential
22  Property and Casualty Joint Underwriting Association with
23  regard to outstanding financing arrangements, with such
24  obligations passing entirely and unchanged to the corporation
25  and, specifically, to the applicable account of the
26  corporation. So long as any bonds, notes, indebtedness, or
27  other financing obligations of the Florida Windstorm
28  Underwriting Association or the Residential Property and
29  Casualty Joint Underwriting Association are outstanding, under
30  the terms of the financing documents pertaining to them, the
31  governing board of the corporation shall have and shall
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 385, 1st Eng.
    Amendment No. ___   Barcode 692624
 1  exercise the authority to levy, charge, collect, and receive
 2  all premiums, assessments, surcharges, charges, revenues and
 3  receipts that the associations had authority to levy, charge,
 4  collect, or receive under the provisions of subsection (2) and
 5  subsection (6), respectively, as they existed on January 1,
 6  2002, to provide moneys, without exercise of the authority
 7  provided by this subsection, in at least the amounts, and by
 8  the times, as would be provided under those former provisions
 9  of subsection (2) or subsection (6), respectively, so that the
10  value, amount, and collectability of any assets, revenues, or
11  revenue source pledged or committed to, or any lien thereon
12  securing such outstanding bonds, notes, indebtedness, or other
13  financing obligations will not be diminished, impaired, or
14  adversely affected by the amendments made by this act and to
15  permit compliance with all provisions of financing documents
16  pertaining to such bonds, notes, indebtedness, or other
17  financing obligations, or the security or credit enhancement
18  for them, and any reference in this subsection to bonds,
19  notes, indebtedness, financing obligations, or similar
20  obligations, of the corporation shall include like instruments
21  or contracts of the Florida Windstorm Underwriting Association
22  and the Residential Property and Casualty Joint Underwriting
23  Association to the extent not inconsistent with the provisions
24  of the financing documents pertaining to them.
25         Section 12.  The amendments to section 627.351, Florida
26  Statutes, in this act prevail over any conflicting amendments
27  to that section contained in SB 1418.
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29  (Redesignate subsequent sections.)
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    8:49 AM   03/22/02                              h0385c1c-39e0a
                                                  SENATE AMENDMENT
    Bill No. CS/HB 385, 1st Eng.
    Amendment No. ___   Barcode 692624
 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 12, line 3, after the semicolon
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 5  insert:
 6         amending s. 627.351, F.S.; revising provisions
 7         governing financing arrangements and
 8         dissolutions; providing legislative intent;
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