| 1 | A bill to be entitled |
| 2 | An act relating to local government revenue bonds for |
| 3 | hurricane recovery; amending s. 631.54, F.S.; revising a |
| 4 | definition; amending s. 631.57, F.S.; providing |
| 5 | requirements and limitations for the Florida Insurance |
| 6 | Guaranty Association, Inc., relating to emergency |
| 7 | assessments for covered claims payable from revenue bonds |
| 8 | issued by counties or municipalities; authorizing the |
| 9 | association to contract with counties and municipalities |
| 10 | to issue revenue bonds for certain purposes; requiring the |
| 11 | Department of Financial Services to levy emergency |
| 12 | assessments on certain insurers for bond repayment |
| 13 | purposes; providing requirements for the department in |
| 14 | levying and administering such assessments; providing |
| 15 | requirements for use of bond proceeds; requiring the |
| 16 | association to issue an annual report relating to use of |
| 17 | bond proceeds and payment of claims; providing insurer |
| 18 | rate filing requirements relating to emergency |
| 19 | assessments; providing requirements for terms and |
| 20 | liability of assessments; specifying assessments as not |
| 21 | premium and not subject to tax, fees, or commissions; |
| 22 | providing for insurer liability for emergency assessments; |
| 23 | creating s. 631.695, F.S.; providing legislative findings |
| 24 | and purposes; providing for issuance of revenue bonds |
| 25 | through counties and municipalities to fund assistance |
| 26 | programs for paying covered claims for hurricane damage; |
| 27 | providing procedures, requirements, and limitations for |
| 28 | counties, municipalities, and the Florida Insurance |
| 29 | Guaranty Association, Inc., relating to issuance and |
| 30 | validation of such bonds; providing for payments on and |
| 31 | retirement of such bonds from certain emergency |
| 32 | assessments; prohibiting pledging the funds, credit, |
| 33 | property, and taxing power of the state, counties, and |
| 34 | municipalities for payment of bonds; specifying authorized |
| 35 | uses of bond proceeds; limiting the term of bonds; |
| 36 | specifying a state covenant to protect bondholders from |
| 37 | adverse actions relating to such bonds; specifying |
| 38 | exemptions for bonds, notes, and other obligations of |
| 39 | counties and municipalities from certain taxes or |
| 40 | assessments on property and revenues; authorizing counties |
| 41 | and municipalities to create a legal entity to exercise |
| 42 | certain powers; prohibiting repeal of certain provisions |
| 43 | relating to certain bonds under certain circumstances; |
| 44 | providing severability; providing an effective date. |
| 45 |
|
| 46 | Be It Enacted by the Legislature of the State of Florida: |
| 47 |
|
| 48 | Section 1. Subsection (3) of section 631.54, Florida |
| 49 | Statutes, is amended to read: |
| 50 | 631.54 Definitions.--As used in this part: |
| 51 | (3) "Covered claim" means an unpaid claim, including one |
| 52 | of unearned premiums, which arises out of, and is within the |
| 53 | coverage, and not in excess of, the applicable limits of an |
| 54 | insurance policy to which this part applies, issued by an |
| 55 | insurer, if such insurer becomes an insolvent insurer and the |
| 56 | claimant or insured is a resident of this state at the time of |
| 57 | the insured event or the property from which the claim arises is |
| 58 | permanently located in this state. For entities other than an |
| 59 | individual, the residence of a claimant, insured, or |
| 60 | policyholder is the state in which the entity's principal place |
| 61 | of business is located at the time of the insured event. |
| 62 | "Covered claim" shall not include: |
| 63 | (a) Any amount due any reinsurer, insurer, insurance pool, |
| 64 | or underwriting association, sought directly or indirectly |
| 65 | through a third party, as subrogation, contribution, |
| 66 | indemnification, or otherwise; or |
| 67 | (b) Any claim that would otherwise be a covered claim |
| 68 | under this part that has been rejected by any other state |
| 69 | guaranty fund on the grounds that an insured's net worth is |
| 70 | greater than that allowed under that state's guaranty law. |
| 71 | Member insurers shall have no right of subrogation, |
| 72 | contribution, indemnification, or otherwise, sought directly or |
| 73 | indirectly through a third party, against the insured of any |
| 74 | insolvent member. |
| 75 | Section 2. Paragraph (a) of subsection (1) and paragraph |
| 76 | (d) of subsection (2) of section 631.57, Florida Statutes, are |
| 77 | amended, and paragraph (e) is added to subsection (3) of said |
| 78 | section, to read: |
| 79 | 631.57 Powers and duties of the association.-- |
| 80 | (1) The association shall: |
| 81 | (a)1. Be obligated to the extent of the covered claims |
| 82 | existing: |
| 83 | a. Prior to adjudication of insolvency and arising within |
| 84 | 30 days after the determination of insolvency; |
| 85 | b. Before the policy expiration date if less than 30 days |
| 86 | after the determination; or |
| 87 | c. Before the insured replaces the policy or causes its |
| 88 | cancellation, if she or he does so within 30 days of the |
| 89 | determination. |
| 90 | 2.a. The obligation under subparagraph 1. shall include |
| 91 | only that amount of each covered claim which is in excess of |
| 92 | $100 and is less than $300,000, except with respect to policies |
| 93 | covering condominium associations or homeowners' associations, |
| 94 | which associations have a responsibility to provide insurance |
| 95 | coverage on residential units within the association, the |
| 96 | obligation shall include that amount of each covered property |
| 97 | insurance claim which is less than $100,000 multiplied by the |
| 98 | number of condominium units or other residential units; however, |
| 99 | as to homeowners' associations, this sub-subparagraph |
| 100 | subparagraph applies only to claims for damage or loss to |
| 101 | residential units and structures attached to residential units. |
| 102 | b. Notwithstanding sub-subparagraph a., the association |
| 103 | has no obligation to pay covered claims that are to be paid from |
| 104 | the proceeds of bonds issued under s. 631.695. However, the |
| 105 | association shall cause emergency assessments to be made under |
| 106 | paragraph (3)(e) for such covered claims, and such emergency |
| 107 | assessments shall be assigned and pledged under paragraph (3)(e) |
| 108 | to or on behalf of the issuer of such bonds for the benefit of |
| 109 | the holders of such bonds. The association shall administer any |
| 110 | such covered claims and present valid covered claims for payment |
| 111 | in accordance with the provisions of the assistance program in |
| 112 | connection with which such bonds have been issued. |
| 113 | 3. In no event shall the association be obligated to a |
| 114 | policyholder or claimant in an amount in excess of the |
| 115 | obligation of the insolvent insurer under the policy from which |
| 116 | the claim arises. |
| 117 | (2) The association may: |
| 118 | (d) Negotiate and become a party to such contracts as are |
| 119 | necessary to carry out the purpose of this part. Additionally, |
| 120 | the association may enter into such contracts with a |
| 121 | municipality or county or such legal entity created pursuant to |
| 122 | s. 163.01(7)(g) as are necessary in order for the municipality |
| 123 | or county or such legal entity to issue bonds under s. 631.695. |
| 124 | In connection with the issuance of any such bonds and the |
| 125 | entering into of any such necessary contracts, the association |
| 126 | may agree to such terms and conditions as the association deems |
| 127 | necessary and proper. |
| 128 | (3) |
| 129 | (e)1.a. In addition to assessments otherwise authorized in |
| 130 | paragraph (a) and to the extent necessary to secure the funds |
| 131 | for the account specified in s. 631.55(2)(c), or to retire |
| 132 | indebtedness, including, without limitation, the principal, |
| 133 | redemption premium, if any, and interest on, and related costs |
| 134 | of issuance of, bonds issued under s. 631.695, and the funding |
| 135 | of any reserves and other payments required under the bond |
| 136 | resolution or trust indenture pursuant to which such bonds have |
| 137 | been issued, the department, upon certification of the board of |
| 138 | directors, shall levy emergency assessments upon insurers |
| 139 | holding a certificate of authority as set forth in this |
| 140 | paragraph. The emergency assessments payable under this |
| 141 | paragraph by any insurer shall not exceed in any single year |
| 142 | more than 2 percent of that insurer's direct written premiums, |
| 143 | net of refunds, in this state during the preceding calendar year |
| 144 | for the kinds of insurance within the account specified in s. |
| 145 | 631.55(2)(c). |
| 146 | b. Any emergency assessments authorized under this |
| 147 | paragraph shall be levied by the department upon insurers |
| 148 | referred to in sub-subparagraph a., upon certification as to the |
| 149 | need for such assessments by the board of directors, in each |
| 150 | year that bonds issued under s. 631.695 are outstanding, in such |
| 151 | amounts up to such 2-percent limit as required in order to |
| 152 | provide for the full and timely payment of the principal, |
| 153 | redemption premium, if any, and interest on, and related costs |
| 154 | of issuance of bonds issued under s. 631.695. The emergency |
| 155 | assessments provided for in this paragraph are assigned and |
| 156 | pledged to the municipality, county, or legal entity issuing |
| 157 | bonds under s. 631.695 for the benefit of the holders of such |
| 158 | bonds in order to enable such municipality, county, or legal |
| 159 | entity to provide for the payment of the principal, redemption |
| 160 | premium, if any, and interest on such bonds, the cost of |
| 161 | issuance of such bonds, and the funding of any reserves and |
| 162 | other payments required under the bond resolution or trust |
| 163 | indenture pursuant to which such bonds have been issued, without |
| 164 | the necessity of any further action by the association, the |
| 165 | department, or any other party. To the extent bonds are issued |
| 166 | under s. 631.695, the proceeds of emergency assessments levied |
| 167 | under this paragraph shall be remitted directly to and |
| 168 | administered by the trustee or custodian appointed for such |
| 169 | bonds. |
| 170 | c. Emergency assessments under this paragraph may be |
| 171 | payable in a single payment or, at the option of the |
| 172 | association, payable in 12 monthly installments with the first |
| 173 | installment due and payable at the end of the month after an |
| 174 | emergency assessment is levied and subsequent installments being |
| 175 | due not later than the end of each succeeding month. |
| 176 | d. The association shall issue an annual report on the |
| 177 | status of the use of the bond proceeds as related to |
| 178 | insolvencies caused by hurricanes. The report must contain the |
| 179 | number and amount of claims paid. The association shall also |
| 180 | include an analysis of the revenue generated from the additional |
| 181 | assessment levied under this paragraph. The association shall |
| 182 | submit a copy of the report to the President of the Senate, the |
| 183 | Speaker of the House of Representatives, and the Chief Financial |
| 184 | Officer within 90 days after the end of each calendar year in |
| 185 | which bonds were outstanding. |
| 186 | 2. In order to ensure that insurers paying emergency |
| 187 | assessments levied under this paragraph continue to charge rates |
| 188 | that are not inadequate or excessive, within 90 days after being |
| 189 | notified of such assessments, each insurer that is to be |
| 190 | assessed pursuant to this paragraph shall make a rate filing for |
| 191 | coverage included within the account specified in s. |
| 192 | 631.55(2)(c) and for which rates are required to be filed under |
| 193 | s. 627.062. If the filing reflects a rate change that, as a |
| 194 | percentage, is equal to the difference between the rate of such |
| 195 | assessment and the rate of the previous year's assessment under |
| 196 | this paragraph, the filing shall consist of a certification so |
| 197 | stating and shall be deemed approved when made. Any rate change |
| 198 | of a different percentage shall be subject to the standards and |
| 199 | procedures of s. 627.062. |
| 200 | 3. An annual assessment under this paragraph shall |
| 201 | continue until the bonds issued with respect to which the |
| 202 | assessment was imposed are outstanding, including any bonds the |
| 203 | proceeds of which were used to refund bonds issued pursuant to |
| 204 | s. 631.695, unless adequate provision has been made for the |
| 205 | payment of the bonds under the documents authorizing the |
| 206 | issuance of such bonds. |
| 207 | 4. Emergency assessments under this paragraph are not |
| 208 | premium and are not subject to the premium tax, any fees, or any |
| 209 | commissions. An insurer is liable for all emergency assessments |
| 210 | that the insurer collects and must treat the failure of an |
| 211 | insured to pay an emergency assessment as a failure to pay the |
| 212 | premium. An insurer is not liable for uncollectible emergency |
| 213 | assessments. |
| 214 | Section 3. Section 631.695, Florida Statutes, is created |
| 215 | to read: |
| 216 | 631.695 Revenue bond issuance through counties or |
| 217 | municipalities.-- |
| 218 | (1) The Legislature finds: |
| 219 | (a) The potential for widespread and massive damage to |
| 220 | persons and property caused by hurricanes making landfall in |
| 221 | this state can generate insurance claims of such a number as to |
| 222 | render numerous insurers operating within this state insolvent |
| 223 | and therefore unable to satisfy covered claims. |
| 224 | (b) The inability of insureds within this state to receive |
| 225 | payment of covered claims or to receive such payment on a timely |
| 226 | basis creates financial and other hardships for such insureds |
| 227 | and places undue burdens on the state, the affected units of |
| 228 | local government, and the community at large. |
| 229 | (c) In addition, the failure of insurers to pay covered |
| 230 | claims or to pay such claims on a timely basis due to the |
| 231 | insolvency of such insurers can undermine the public's |
| 232 | confidence in insurers operating within this state, thereby |
| 233 | adversely affecting the stability of the insurance industry in |
| 234 | this state. |
| 235 | (d) The state has previously taken action to address these |
| 236 | problems by adopting the Florida Insurance Guaranty Association |
| 237 | Act, which, among other things, provides a mechanism for the |
| 238 | payment of covered claims under certain insurance policies to |
| 239 | avoid excessive delay in payment and to avoid financial loss to |
| 240 | claimants or policyholders because of the insolvency of an |
| 241 | insurer. |
| 242 | (e) In the wake of the unprecedented destruction caused by |
| 243 | various hurricanes that have made landfall in this state, the |
| 244 | resultant covered claims, and the number of insurers rendered |
| 245 | insolvent thereby, it is evident that alternative programs must |
| 246 | be developed to allow the Florida Insurance Guaranty |
| 247 | Association, Inc., to more expeditiously and effectively provide |
| 248 | for the payment of covered claims. |
| 249 | (f) It is therefore determined to be in the best interests |
| 250 | of, and necessary for, the protection of the public health, |
| 251 | safety, and general welfare of the residents of this state, and |
| 252 | for the protection and preservation of the economic stability of |
| 253 | insurers operating in this state, and it is declared to be an |
| 254 | essential public purpose, to permit certain municipalities and |
| 255 | counties to take such actions as will provide relief to |
| 256 | claimants and policyholders having covered claims against |
| 257 | insolvent insurers operating in this state by expediting the |
| 258 | handling and payment of covered claims. |
| 259 | (g) To achieve the foregoing purposes, it is proper to |
| 260 | authorize municipalities and counties of this state |
| 261 | substantially affected by the landfall of a category 1 or |
| 262 | greater hurricane to issue bonds to assist the Florida Insurance |
| 263 | Guaranty Association, Inc., in expediting the handling and |
| 264 | payment of covered claims of insolvent insurers. |
| 265 | (h) In order to avoid the needless and indiscriminate |
| 266 | proliferation, duplication, and fragmentation of such assistance |
| 267 | programs, it is in the best interests of the residents of this |
| 268 | state to authorize municipalities and counties severely affected |
| 269 | by a category 1 or greater hurricane to provide for the payment |
| 270 | of covered claims beyond their territorial limits in the |
| 271 | implementation of such programs. |
| 272 | (i) It is a paramount public purpose for municipalities |
| 273 | and counties substantially affected by the landfall of a |
| 274 | category 1 or greater hurricane to be able to issue bonds for |
| 275 | the purposes described in this section. Such issuance shall |
| 276 | provide assistance to citizens located within said |
| 277 | municipalities and counties, as well as to other residents of |
| 278 | this state. |
| 279 | (2) The governing body of any municipality or county the |
| 280 | residents of which have been substantially affected by a |
| 281 | category 1 or greater hurricane may issue bonds to fund an |
| 282 | assistance program in conjunction with, and with the consent of, |
| 283 | the Florida Insurance Guaranty Association, Inc., for the |
| 284 | purpose of paying claimants' or policyholders' covered claims as |
| 285 | defined in s. 631.54 arising through the insolvency of an |
| 286 | insurer, which insolvency is determined by the Florida Insurance |
| 287 | Guaranty Association, Inc., to have been a result of a category |
| 288 | 1 or greater hurricane, regardless of whether such claimants or |
| 289 | policyholders are residents of such municipality or county or |
| 290 | the property to which such claim relates is located within or |
| 291 | outside the territorial jurisdiction of such municipality or |
| 292 | county. The power of a municipality or county to issue bonds as |
| 293 | described in this section is in addition to any powers granted |
| 294 | by law and may not be abrogated or restricted by any provisions |
| 295 | in such municipality's or county's charter. A municipality or |
| 296 | county issuing bonds for this purpose shall enter into such |
| 297 | contracts with the Florida Insurance Guaranty Association, Inc., |
| 298 | or any entity acting on behalf of the Florida Insurance Guaranty |
| 299 | Association, Inc., as are necessary to implement the assistance |
| 300 | program. Any bonds issued by a municipality or county or |
| 301 | combination thereof under this subsection shall be payable from |
| 302 | and secured by moneys received by or on behalf of the |
| 303 | municipality or county from emergency assessments levied under |
| 304 | s. 631.57(3)(e) and assigned and pledged to or on behalf of the |
| 305 | municipality or county for the benefit of the holders of such |
| 306 | bonds in connection with such assistance program. The funds, |
| 307 | credit, property, and taxing power of the state or any |
| 308 | municipality or county shall not be pledged for the payment of |
| 309 | such bonds. |
| 310 | (3) Bonds may be validated by such municipality or county |
| 311 | pursuant to chapter 75. The proceeds of such bonds may be used |
| 312 | to pay covered claims of insolvent insurers; to refinance or |
| 313 | replace previously existing borrowings or financial |
| 314 | arrangements; to pay interest on bonds; to fund reserves for the |
| 315 | bonds; to pay expenses incident to the issuance or sale of any |
| 316 | bond issued under this section, including costs of validating, |
| 317 | printing, and delivering the bonds, costs of printing the |
| 318 | official statement, costs of publishing notices of sale of the |
| 319 | bonds, costs of obtaining credit enhancement or liquidity |
| 320 | support, and related administrative expenses; or for such other |
| 321 | purposes related to the financial obligations of the fund as the |
| 322 | association may determine. The term of the bonds may not exceed |
| 323 | 30 years. |
| 324 | (4) The state covenants with holders of bonds of the |
| 325 | assistance program that the state will not take any action which |
| 326 | will have a material adverse affect on such holders and will not |
| 327 | repeal or abrogate the power of the board of directors of the |
| 328 | association to direct the Office of Insurance Regulation to levy |
| 329 | the assessments and to collect the proceeds of the revenues |
| 330 | pledged to the payment of such bonds as long as any such bonds |
| 331 | remain outstanding unless adequate provision has been made for |
| 332 | the payment of such bonds pursuant to the documents authorizing |
| 333 | the issuance of such bonds. |
| 334 | (5) The accomplishment of the authorized purposes of such |
| 335 | municipality or county under this section is in all respects for |
| 336 | the benefit of the people of the state, for the increase of |
| 337 | their commerce and prosperity, and for the improvement of their |
| 338 | health and living conditions. Such municipality or county, in |
| 339 | performing essential governmental functions in accomplishing its |
| 340 | purposes, is not required to pay any taxes or assessments of any |
| 341 | kind whatsoever upon any property acquired or used by the county |
| 342 | or municipality for such purposes or upon any revenues at any |
| 343 | time received by the county or municipality. The bonds, notes, |
| 344 | and other obligations of such municipality or county, and the |
| 345 | transfer of and income from such bonds, notes, and other |
| 346 | obligations, including any profits made on the sale of such |
| 347 | bonds, notes, and other obligations, are exempt from taxation of |
| 348 | any kind by the state or by any political subdivision or other |
| 349 | agency or instrumentality of the state. The exemption granted in |
| 350 | this subsection is not applicable to any tax imposed by chapter |
| 351 | 220 on interest, income, or profits on debt obligations owned by |
| 352 | corporations. |
| 353 | (6) Two or more municipalities or counties the residents |
| 354 | of which have been substantially affected by a category 1 or |
| 355 | greater hurricane may create a legal entity pursuant to s. |
| 356 | 163.01(7)(g) to exercise the powers described in this section as |
| 357 | well as those powers granted in s. 163.01(7)(g). Reference in |
| 358 | this section to a municipality or county includes such legal |
| 359 | entity. |
| 360 | Section 4. No provision of s. 631.57 or s. 166.111, |
| 361 | Florida Statutes, shall be repealed until such time as the |
| 362 | principal, redemption premium, if any, and interest on all bonds |
| 363 | issued under s. 166.111, Florida Statutes, payable and secured |
| 364 | from assessments levied under s. 631.57(3)(e), Florida Statutes, |
| 365 | have been paid in full or adequate provision for such payment |
| 366 | has been made in accordance with the bond resolution or trust |
| 367 | indenture pursuant to which such bonds were issued. |
| 368 | Section 5. If any provision of this act or the application |
| 369 | thereof to any person or circumstance is held invalid, the |
| 370 | invalidity shall not affect other provisions or applications of |
| 371 | the act which can be given effect without the invalid provision |
| 372 | or application, and to this end the provisions of this act are |
| 373 | declared severable. |
| 374 | Section 6. This act shall take effect upon becoming a law. |