Senate Bill sb1464

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    Florida Senate - 2003                                  SB 1464

    By Senator Bennett





    21-563-03                                           See HB 235

  1                      A bill to be entitled

  2         An act relating to mutual insurance holding

  3         companies; amending s. 628.703, F.S.; providing

  4         a definition; amending s. 628.709, F.S.;

  5         revising membership criteria of mutual

  6         insurance holding companies; amending ss.

  7         628.729, 628.730, and 628.733, F.S.; specifying

  8         basis of distributive shares and corporate

  9         equity of members under certain circumstances;

10         providing an effective date.

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

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14         Section 1.  Subsection (4) is added to section 628.703,

15  Florida Statutes, to read:

16         628.703  Definitions.--For purposes of this part:

17         (4)  "Paid premiums" means all premiums paid for

18  insurance by a member of a mutual insurance holding company to

19  a subsidiary insurance company.

20         Section 2.  Subsection (2) of section 628.709, Florida

21  Statutes, is amended to read:

22         628.709  Formation of a mutual insurance holding

23  company.--

24         (2)  All of the initial shares of the capital stock of

25  the insurance company which reorganized as a subsidiary

26  insurance company shall be issued either to the mutual

27  insurance holding company, or to an intermediate holding

28  company which is wholly owned by the mutual insurance holding

29  company. This restriction does not preclude the subsequent

30  issuance of additional shares of stock by the subsidiary

31  insurance company so long as the mutual insurance holding

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    Florida Senate - 2003                                  SB 1464
    21-563-03                                           See HB 235




  1  company at all times owns directly or through one or more

  2  intermediate holding companies, a majority of the voting

  3  shares of the capital stock of the subsidiary insurance

  4  company. The membership interests of the policyholders of the

  5  subsidiary insurance company shall become membership interests

  6  in the mutual insurance holding company. Policyholders of the

  7  subsidiary insurance company which was formerly the mutual

  8  insurer shall be members of the mutual insurance holding

  9  company in accordance with the articles of incorporation and

10  bylaws of the mutual insurance holding company. At the time of

11  formation, policyholders of any other subsidiary insurance

12  company of the mutual insurance holding company shall not be

13  members of the mutual insurance holding company unless they

14  are policyholders of a subsidiary which was a mutual insurer

15  which merged with the holding company pursuant to s. 628.715.

16  Subsequent to formation, membership shall be governed by s.

17  628.727.

18         Section 3.  Section 628.729, Florida Statutes, is

19  amended to read:

20         628.729  Member's share of assets on voluntary

21  dissolution.--

22         (1)  Upon any voluntary dissolution of a domestic

23  mutual insurance holding company, its assets remaining after

24  discharge of its indebtedness, if any, and expenses of

25  administration, shall be distributed to existing persons who

26  were its members at any time within the 3-year period

27  preceding the date such liquidation was authorized or ordered,

28  or date of last termination of the insurer's certificate of

29  authority, whichever date is earlier; except, if the

30  department has reason to believe that those in charge of the

31  management of the mutual insurance holding company have caused

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    Florida Senate - 2003                                  SB 1464
    21-563-03                                           See HB 235




  1  or encouraged the reduction of the number of members of the

  2  insurer in anticipation of liquidation and for the purpose of

  3  reducing thereby the number of persons who may be entitled to

  4  share in distribution of the insurer's assets, the department

  5  may enlarge the 3-year qualification period by such additional

  6  time as the department may deem to be reasonable.

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

  8  be determined by a formula based upon the ratio that the total

  9  amount of paid premiums paid by such member for policies of

10  insurance during the 3-year period or part of such period

11  specified in subsection (1) during which such recipient was a

12  member bears to the total amount of paid premiums paid by all

13  members entitled to receive a distributive share as a result

14  of such dissolution during such entire 3-year period and upon

15  such reasonable classifications of members as the department

16  may approve.

17         Section 4.  Subsection (2) of section 628.730, Florida

18  Statutes, is amended to read:

19         628.730  Merger with intermediate holding company.--

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

21  be determined by a formula based upon the ratio that the total

22  amount of paid premiums paid by such member for policies of

23  insurance during the 3-year period or part of such period

24  preceding the date of such merger during which such recipient

25  was a member bears to the total amount of paid premiums paid

26  by all members entitled to receive a distributive share as a

27  result of such merger during such entire 3-year period and

28  upon such reasonable classifications of members as the

29  department may approve.

30         Section 5.  Paragraphs (b) and (c) of subsection (2) of

31  section 628.733, Florida Statutes, are amended to read:

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    Florida Senate - 2003                                  SB 1464
    21-563-03                                           See HB 235




  1         628.733  Converting mutual insurance holding company.--

  2         (2)  The department shall not approve any such plan and

  3  procedure unless:

  4         (b)  The corporate equity of each member shall be based

  5  upon the ratio that the total amount of paid premiums paid by

  6  such member for policies of insurance during the 3-year period

  7  or part of such period specified in paragraph (c) during which

  8  such recipient was a member bears to the total amount of paid

  9  premiums paid by all members entitled to receive equity as a

10  result of such conversion during such entire 3-year period and

11  upon such reasonable classifications of members as the

12  department may approve. Such is determinable under a fair

13  formula approved by the department, which equity shall be

14  based upon not more than the company's net assets.

15         (c)  The persons entitled to participate in the

16  distribution of stock shall include all current members and

17  all existing persons who had been members within 3 years prior

18  to the date such plan was submitted to the department.

19         Section 6.  This act shall take effect upon becoming a

20  law.

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