Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2184
                        Barcode 604100
                            CHAMBER ACTION
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11  The Committee on Banking and Insurance (Baker) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 2, line 28, through
16            page 13, line 1, delete those lines
17  
18  and insert:  
19         Section 1.  Paragraph (f) is added to subsection (2) of
20  section 631.181, Florida Statutes, to read:
21         631.181  Filing and proof of claim.--
22         (2)
23         (f)  The signed statement required by this section
24  shall not be required on claims for which adequate claims file
25  documentation exists within the records of the insolvent
26  insurer. Claims for payment of unearned premium shall not be
27  required to use the signed statement required by this section
28  if the receiver certifies to the guaranty fund that the
29  records of the insolvent insurer are sufficient to determine
30  the amount of unearned premium owed to each policyholder of
31  the insured and such information is remitted to the guaranty
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 fund by the receiver in electronic or other mutually agreed 2 upon format. 3 Section 2. Section 631.1915, Florida Statutes, is 4 created to read: 5 631.1915 Policyholder collateral; deductible 6 reimbursements; other policyholder obligations.-- 7 (1) Any collateral held by or for the benefit of, or 8 assigned to, the insurer or subsequently the receiver in order 9 to secure the obligations of a policyholder under a deductible 10 agreement shall not be considered an asset of the estate and 11 shall be maintained and administered by the receiver as 12 provided in this section, notwithstanding any other provision 13 of law or contract to the contrary. 14 (2) If the collateral is being held by or for the 15 benefit of, or assigned to, the insurer or subsequently the 16 receiver to secure obligations under a deductible agreement 17 with a policyholder subject to the provisions of this section, 18 the collateral shall be used to secure the policyholder's 19 obligation to fund or reimburse claims payments within the 20 agreed deductible amount. 21 (3) If a claim is subject to a deductible agreement 22 and secured by collateral and is not covered by any guaranty 23 association, the receiver shall adjust and pay the noncovered 24 claim using the collateral, but only to the extent of the 25 available collateral. A claim against the collateral by a 26 third-party claimant is not a claim against the insolvent 27 insurer's estate for purposes of s. 631.193. If the collateral 28 is exhausted and the insured is not able to provide funds to 29 pay the remaining claims within the deductible, the remaining 30 claims shall be claims against the insurer's estate subject to 31 complying with other provisions in this part for the filing 2 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 and allowance of such claims. 2 (4) To the extent the receiver is holding collateral 3 provided by a policyholder that was obtained to secure a 4 deductible agreement and to secure other obligations of the 5 policyholder, the receiver shall equitably allocate the 6 collateral among such obligations and administer the 7 collateral allocated to the deductible agreement pursuant to 8 this section. The receiver shall inform the guaranty 9 associations of the method and details of all the foregoing 10 allocations. 11 (5) Regardless of whether there is collateral, if the 12 insurer has contractually agreed to allow the policyholder to 13 fund its own claims within the deductible amount pursuant to a 14 deductible agreement, through the policyholder's own 15 administration of its claims or through the policyholder 16 providing funds directly to a third-party administrator who 17 administers the claims, the receiver may allow such funding 18 arrangement to continue and, where applicable, shall enforce 19 such arrangements. The funding of such claims by the 20 policyholder within the deductible amount acts as a bar to any 21 claim for such amount in the liquidation proceeding, 22 including, but not limited to, any such claim by the 23 policyholder or the third-party claimant. The funding 24 extinguishes both the obligation, if any, of any guaranty 25 association to pay such claims within the deductible amount 26 and the obligations, if any, of the policyholder or 27 third-party administrator to reimburse the guaranty 28 association. No charge of any kind shall be made against any 29 guaranty association on the basis of the policyholder's 30 funding of claims payment made pursuant to the mechanism set 31 forth in this subsection. 3 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 (6) If the insurer has not contractually agreed to 2 allow the policyholder to fund the policyholder's own claims 3 within the deductible amount, to the extent a guaranty 4 association is required by applicable state law to pay any 5 claims for which the insurer would have been entitled to 6 reimbursement from the policyholder under the terms of the 7 deductible agreement and to the extent the claims have not 8 been paid by a policyholder or third party, the guaranty 9 association shall bill the policyholder for such reimbursement 10 and the policyholder is obligated to pay such amount to the 11 guaranty association for the benefit of the guaranty 12 associations who paid such claims. Neither the insolvency of 13 the insurer nor its inability to perform any of its 14 obligations under the deductible agreement shall be a defense 15 to the policyholder's reimbursement obligation under the 16 deductible agreement. If the policyholder fails to pay the 17 amounts due within 60 days after the bill for such 18 reimbursements is due, the receiver shall use the collateral 19 to the extent necessary to reimburse the guaranty association 20 and, at the same time, the guaranty association may pursue 21 other collection efforts against the policyholder. If more 22 than one guaranty association has a claim against the same 23 collateral and the available collateral, after allocation 24 under subsection (4), together with billing and collection 25 efforts, are together insufficient to pay each guaranty 26 association in full, the receiver shall prorate payments to 27 each guaranty association based upon the relationship the 28 amount of claims each guaranty association has paid bears to 29 the total of all claims paid by such guaranty associations. 30 (7)(a) The guaranty association is entitled to deduct 31 from collateral to be returned to a policyholder reasonable 4 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 actual expenses incurred in fulfilling the responsibilities 2 under this provision. 3 (b) With respect to claims payments made by any 4 guaranty association, the guaranty association shall provide 5 any other guaranty associations and the receiver with a 6 complete accounting of the guaranty association's deductible 7 billing and collection activities, including copies of the 8 policyholder billings when rendered and the reimbursements 9 collected. The cost of reports required pursuant to this 10 subsection shall be considered part of the expenses of the 11 guaranty association. 12 (c) The guaranty association may contract with the 13 receiver for the direct collection from the policyholders on 14 the same basis as the guaranty association and with the same 15 rights and remedies. If so assigned, the receiver shall report 16 any amounts so collected from each policyholder to the 17 guaranty association. 18 (d) To the extent that guaranty associations pay 19 claims within the deductible amount but are not reimbursed by 20 the receiver under this section or by policyholder payments 21 from the guaranty associations' own collection efforts, the 22 guaranty association shall have a claim on the insolvent 23 insurer's estate for such unreimbursed claims payments. The 24 priority of such claim shall depend upon the nature of the 25 payment that should have been reimbursed. 26 (e) Periodically, but not more than annually, the 27 receiver shall adjust the collateral being held pursuant to 28 the deductible agreement. The receiver shall maintain adequate 29 collateral to secure 110 percent of the entire estimated 30 obligation of the policyholder. The receiver shall provide a 31 copy of its collateral review to any obligated guaranty 5 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 association. Once all claims covered by the collateral have 2 been paid and the receiver is satisfied that no new claims can 3 be presented, the receiver may release any remaining 4 collateral. 5 (8) The state court that has jurisdiction over the 6 liquidation proceedings shall have jurisdiction to resolve 7 disputes arising under this section. 8 (9) Nothing in this section limits or adversely 9 affects any right the guaranty associations may have under 10 applicable state law to obtain reimbursement from certain 11 classes of policyholders for claims payments made by such 12 guaranty associations under policies of the insolvent insurer 13 or for related expenses the guaranty associations incur. 14 (10) This section applies to all liquidations for 15 which an order is entered after July 1, 2005. 16 (11) For purposes of this section, the term: 17 (a) "Deductible agreement" means any combination of 18 one or more policies, endorsements, contracts, or security 19 agreements that provide for the policyholder to bear the risk 20 of loss within a specified amount per claim or occurrence 21 covered under a policy of insurance, and that may be subject 22 to aggregate limit of policyholder reimbursement obligations. 23 (b) "Noncovered claim" means a claim that is subject 24 to a deductible agreement, may be secured by collateral, and 25 is not covered by a guaranty association. 26 (12) This section does not apply to first-party 27 claims. 28 Section 3. Subsection (3) of section 631.54, Florida 29 Statutes, is amended to read: 30 631.54 Definitions.--As used in this part: 31 (3) "Covered claim" means an unpaid claim, including 6 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 one of unearned premiums, which arises out of, and is within 2 the coverage, and not in excess of, the applicable limits of 3 an insurance policy to which this part applies, issued by an 4 insurer, if such insurer becomes an insolvent insurer and the 5 claimant or insured is a resident of this state at the time of 6 the insured event or the property from which the claim arises 7 is permanently located in this state. For entities other than 8 an individual, the residence of a claimant, insured, or 9 policyholder is the state in which the entity's principal 10 place of business is located at the time of the insured event. 11 "Covered claim" shall not include: 12 (a) Any amount due any reinsurer, insurer, insurance 13 pool, or underwriting association, sought directly or 14 indirectly through a third party, as subrogation, 15 contribution, indemnification, or otherwise; or 16 (b) Any claim that would otherwise be a covered claim 17 under this part that has been rejected by any other state 18 guaranty fund on the grounds that an insured's net worth is 19 greater than that allowed under that state's guaranty law. 20 Member insurers shall have no right of subrogation, 21 contribution, indemnification, or otherwise, sought directly 22 or indirectly through a third party, against the insured of 23 any insolvent member. 24 Section 4. Paragraph (a) of subsection (1), paragraph 25 (d) of subsection (2), and paragraph (a) of subsection (3) of 26 section 631.57, Florida Statutes, are amended to read: 27 631.57 Powers and duties of the association.-- 28 (1) The association shall: 29 (a)1. Be obligated to the extent of the covered claims 30 existing: 31 a. Prior to adjudication of insolvency and arising 7 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 within 30 days after the determination of insolvency; 2 b. Before the policy expiration date if less than 30 3 days after the determination; or 4 c. Before the insured replaces the policy or causes 5 its cancellation, if she or he does so within 30 days of the 6 determination. 7 2.a. The obligation under subparagraph 1. shall 8 include only that amount of each covered claim which is in 9 excess of $100 and is less than $300,000, except with respect 10 to policies covering condominium associations or homeowners' 11 associations, which associations have a responsibility to 12 provide insurance coverage on residential units within the 13 association, the obligation shall include that amount of each 14 covered property insurance claim which is less than $100,000 15 multiplied by the number of condominium units or other 16 residential units; however, as to homeowners' associations, 17 this sub-subparagraph subparagraph applies only to claims for 18 damage or loss to residential units and structures attached to 19 residential units. 20 b. Notwithstanding sub-subparagraph a., the 21 association has no obligation to pay covered claims that are 22 to be paid from the proceeds of bonds issued under s. 631.695. 23 However, the association shall assign and pledge the first 24 available moneys from all or part of the assessments 25 authorized in paragraph (3)(a) to or on behalf of the issuer 26 of such bonds for the benefit of the holders of such bonds. 27 The association shall administer any such covered claims and 28 present valid covered claims for payment in accordance with 29 the provisions of the assistance program in connection with 30 which such bonds have been issued. 31 3. In no event shall the association be obligated to a 8 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 policyholder or claimant in an amount in excess of the 2 obligation of the insolvent insurer under the policy from 3 which the claim arises. 4 (2) The association may: 5 (d) Negotiate and become a party to such contracts as 6 are necessary to carry out the purpose of this part. 7 Additionally, the association may enter into such contracts 8 with a municipality or county or such legal entity created 9 pursuant to s. 163.01(7)(g) as are necessary in order for the 10 municipality or county or such legal entity to issue bonds 11 under s. 631.695. In connection with the issuance of any such 12 bonds and the entering into of any such necessary contracts, 13 the association may agree to such terms and conditions as the 14 association deems necessary and proper. 15 (3)(a) To the extent necessary to secure the funds for 16 the respective accounts for the payment of covered claims, and 17 also to pay the reasonable costs to administer the same, and 18 to the extent necessary to retire indebtedness, including, 19 without limitation, the principal, redemption premium, if any, 20 and interest on, and related costs of issuance of, bonds 21 issued under s. 631.695 and the funding of any reserves and 22 other payments required under the bond resolution or trust 23 indenture pursuant to which such bonds have been issued, the 24 office, upon certification of the board of directors, shall 25 levy assessments in the proportion that each insurer's net 26 direct written premiums in this state in the classes protected 27 by the account bears to the total of said net direct written 28 premiums received in this state by all such insurers for the 29 preceding calendar year for the kinds of insurance included 30 within such account. Assessments shall be remitted to and 31 administered by the board of directors in the manner specified 9 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 by the approved plan. Each insurer so assessed shall have at 2 least 30 days' written notice as to the date the assessment is 3 due and payable. Every assessment shall be made as a uniform 4 percentage applicable to the net direct written premiums of 5 each insurer in the kinds of insurance included within the 6 account in which the assessment is made. The assessments 7 levied against any insurer shall not exceed in any one year 8 more than 2 percent of that insurer's net direct written 9 premiums in this state for the kinds of insurance included 10 within such account during the calendar year next preceding 11 the date of such assessments. 12 Section 5. Section 631.695, Florida Statutes, is 13 created to read: 14 631.695 Revenue bond issuance through counties or 15 municipalities.-- 16 (1) The Legislature finds: 17 (a) The potential for widespread and massive damage to 18 persons and property caused by hurricanes making landfall in 19 this state can generate insurance claims of such a number as 20 to render numerous insurers operating within this state 21 insolvent and therefore unable to satisfy covered claims. 22 (b) The inability of insureds within this state to 23 receive payment of covered claims or to receive such payment 24 timely creates financial and other hardships for such insureds 25 and places undue burdens on the state, the affected units of 26 local government, and the community at large. 27 (c) In addition, the failure of insurers to pay 28 covered claims or to pay such claims timely due to the 29 insolvency of such insurers can undermine the public's 30 confidence in insurers operating within this state, thereby 31 adversely affecting the stability of the insurance industry in 10 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 this state. 2 (d) The state has previously taken action to address 3 these problems by adopting the Florida Insurance Guaranty 4 Association Act, which, among other things, provides a 5 mechanism for the payment of covered claims under certain 6 insurance policies to avoid excessive delay in payment and to 7 avoid financial loss to claimants or policyholders because of 8 the insolvency of an insurer. 9 (e) In the wake of the unprecedented destruction 10 caused by various hurricanes that have made landfall in this 11 state, the resultant covered claims, and the number of 12 insurers rendered insolvent thereby, it is evident that 13 alternative programs must be developed to allow the Florida 14 Insurance Guaranty Association, Inc., to more expeditiously 15 and effectively provide for the payment of covered claims. 16 (f) It is therefore determined to be in the best 17 interests of, and necessary for, the protection of the public 18 health, safety, and general welfare of the residents of this 19 state, and for the protection and preservation of the economic 20 stability of insurers operating in this state, and it is 21 declared to be an essential public purpose, to permit certain 22 municipalities and counties to take such actions as will 23 provide relief to claimants and policyholders having covered 24 claims against insolvent insurers operating in this state by 25 expediting the handling and payment of covered claims. 26 (g) To achieve the foregoing purposes, it is proper to 27 authorize municipalities and counties of this state 28 substantially affected by the landfall of a category 1 or 29 greater hurricane to issue bonds to assist the Florida 30 Insurance Guaranty Association, Inc., in expediting the 31 handling and payment of covered claims of insolvent insurers. 11 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 (h) In order to avoid the needless and indiscriminate 2 proliferation, duplication, and fragmentation of such 3 assistance programs, it is in the best interests of the 4 residents of this state to authorize municipalities and 5 counties severely affected by a category 1 or greater 6 hurricane to provide for the payment of covered claims beyond 7 their territorial limits in the implementation of such 8 programs. 9 (i) It is a paramount public purpose for 10 municipalities and counties substantially affected by the 11 landfall of a category 1 or greater hurricane to be able to 12 issue bonds for the purposes described in this section. Such 13 issuance shall provide assistance to residents of those 14 municipalities and counties, as well as to other residents of 15 this state. 16 (2) The governing body of any municipality or county 17 the residents of which have been substantially affected by a 18 category 1 or greater hurricane may issue bonds to fund an 19 assistance program in conjunction with, and with the consent 20 of, the Florida Insurance Guaranty Association, Inc., for the 21 purpose of paying claimants' or policyholders' covered claims 22 as defined in s. 631.54 arising through the insolvency of an 23 insurer, which insolvency is determined by the Florida 24 Insurance Guaranty Association, Inc., to have been a result of 25 a category 1 or greater hurricane, regardless of whether such 26 claimants or policyholders are residents of such municipality 27 or county or the property to which such claim relates is 28 located within or outside the territorial jurisdiction of such 29 municipality or county. The power of a municipality or county 30 to issue bonds as described in this section is in addition to 31 any powers granted by law and may not be abrogated or 12 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 restricted by any provisions in such municipality's or 2 county's charter. A municipality or county issuing bonds for 3 this purpose shall enter into such contracts with the Florida 4 Insurance Guaranty Association, Inc., or any entity acting on 5 behalf of the Florida Insurance Guaranty Association, Inc., as 6 are necessary to implement the assistance program. Any bonds 7 issued by a municipality or county or combination thereof 8 under this subsection shall be payable from and secured by 9 moneys received by or on behalf of the municipality or county 10 from assessments levied under s. 631.57(3)(a) and assigned and 11 pledged to or on behalf of the municipality or county for the 12 benefit of the holders of such bonds in connection with such 13 assistance program. The funds, credit, property, and taxing 14 power of the state or any municipality or county shall not be 15 pledged for the payment of such bonds. 16 (3) The association shall issue an annual report on 17 the status of the use of bond proceeds as related to 18 insolvencies caused by hurricanes. The report must contain the 19 number and amount of claims paid. The association shall also 20 include an analysis of the revenue generated from the 21 assessment levied under s. 631.57(3)(a) to pay such bonds. The 22 association shall submit a copy of the report to the President 23 of the Senate, the Speaker of the House of Representatives, 24 and the Chief Financial Officer within 90 days after the end 25 of each calendar year in which bonds were outstanding. 26 (4) Bonds may be validated by such municipality or 27 county pursuant to chapter 75. The proceeds of such bonds may 28 be used to pay covered claims of insolvent insurers; to 29 refinance or replace previously existing borrowings or 30 financial arrangements; to pay interest on bonds; to fund 31 reserves for the bonds; to pay expenses incident to the 13 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 issuance or sale of any bond issued under this section, 2 including costs of validating, printing, and delivering the 3 bonds, costs of printing the official statement, costs of 4 publishing notices of sale of the bonds, costs of obtaining 5 credit enhancement or liquidity support, and related 6 administrative expenses; or for such other purposes related to 7 the financial obligations of the fund as the association may 8 determine. The term of the bonds may not exceed 30 years. 9 (5) The state covenants with holders of bonds of the 10 assistance program that the state will not take any action 11 which will have a material adverse affect on such holders and 12 will not repeal or abrogate the power of the board of 13 directors of the association to direct the Office of Insurance 14 Regulation to levy the assessments and to collect the proceeds 15 of the revenues pledged to the payment of such bonds as long 16 as any such bonds remain outstanding unless adequate provision 17 has been made for the payment of such bonds pursuant to the 18 documents authorizing the issuance of such bonds. 19 (6) The accomplishment of the authorized purposes of 20 such municipality or county under this section is in all 21 respects for the benefit of the people of the state, for the 22 increase of their commerce and prosperity, and for the 23 improvement of their health and living conditions. Such 24 municipality or county, in performing essential governmental 25 functions in accomplishing its purposes, is not required to 26 pay any taxes or assessments of any kind whatsoever upon any 27 property acquired or used by the county or municipality for 28 such purposes or upon any revenues at any time received by the 29 county or municipality. The bonds, notes, and other 30 obligations of such municipality or county, and the transfer 31 of and income from such bonds, notes, and other obligations, 14 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 including any profits made on the sale of such bonds, notes, 2 and other obligations, are exempt from taxation of any kind by 3 the state or by any political subdivision or other agency or 4 instrumentality of the state. The exemption granted in this 5 subsection is not applicable to any tax imposed by chapter 220 6 on interest, income, or profits on debt obligations owned by 7 corporations. 8 (7) Two or more municipalities or counties the 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 1, line 2, through 14 page 2, line 23, delete those lines 15 16 and insert: 17 An act relating to insurer insolvency; amending 18 s. 631.181, F.S.; providing an exception to 19 certain requirements for a signed statement for 20 certain claims against an insolvent insurer; 21 providing requirements; creating s. 631.1915, 22 F.S.; providing requirements for policyholder 23 collateral, deductible reimbursements, and 24 other policyholder obligations; specifying that 25 certain collateral held by an insurer or a 26 receiver to secure policyholder obligations 27 under a deductible agreement are not an estate 28 asset; requiring use of such collateral to 29 secure policyholder obligations under such 30 agreement; requiring a receiver to use such 31 collateral to pay noncovered claims under 15 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 certain circumstances; providing for certain 2 claims to be claims against an insurer's estate 3 under certain circumstances; requiring a 4 receiver to allocate collateral among certain 5 obligations and administer such collateral; 6 authorizing a receiver to continue and enforce 7 certain alternative policyholder claim funding 8 contractual agreements; specifying certain 9 actions as a bar to certain claims and an 10 extinguishment of certain obligations; 11 requiring a guaranty association to bill a 12 policyholder for certain reimbursement amounts 13 for certain claims; specifying policyholder 14 obligation for certain amounts; prohibiting 15 certain defenses; requiring a receiver to use 16 certain collateral for certain purposes; 17 requiring a receiver to prorate certain funds 18 of an estate under certain circumstances; 19 authorizing a guaranty association to deduct 20 certain expenses; requiring a guaranty 21 association to provide a complete accounting of 22 certain billing and collection activities; 23 authorizing a guaranty association to contract 24 for certain collections; providing for claims 25 against an insolvent insurer's estate for 26 certain unreimbursed claims payments; requiring 27 a receiver to annually adjust collateral held 28 pursuant to a deductible agreement; specifying 29 jurisdiction of a state court to resolve 30 disputes; preserving rights of a guaranty 31 association to reimbursement for certain 16 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 claims; providing application to certain orders 2 of liquidation; providing definitions; 3 providing for nonapplication to certain claims; 4 amending s. 631.54, F.S.; redefining the term 5 "covered claim"; amending s. 631.57, F.S.; 6 providing requirements and limitations for the 7 Florida Insurance Guaranty Association, Inc., 8 relating to assessments for covered claims 9 payable from revenue bonds issued by counties 10 or municipalities; authorizing the association 11 to contract with counties and municipalities to 12 issue revenue bonds for certain purposes; 13 providing requirements for use of bond 14 proceeds; creating s. 631.695, F.S.; providing 15 legislative findings and purposes; providing 16 for issuance of revenue bonds through counties 17 and municipalities to fund assistance programs 18 for paying covered claims for hurricane damage; 19 providing procedures, requirements, and 20 limitations for counties, municipalities, and 21 the Florida Insurance Guaranty Association, 22 Inc., relating to issuance and validation of 23 such bonds; providing for payments on and 24 retirement of such bonds from certain 25 assessments; prohibiting pledging the funds, 26 credit, property, and taxing power of the 27 state, counties, and municipalities for payment 28 of bonds; specifying authorized uses of bond 29 proceeds; limiting the term of bonds; 30 specifying a state covenant to protect 31 bondholders from adverse actions relating to 17 10:00 AM 04/11/05 s2184c-bi20-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 604100 1 such bonds; specifying exemptions for bonds, 2 notes, and other obligations of counties and 3 municipalities from certain taxes or 4 assessments on property and revenues; 5 authorizing counties and municipalities to 6 create a legal entity to exercise certain 7 powers; prohibiting repeal of certain 8 provisions relating to certain bonds under 9 certain circumstances; providing severability; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 18 10:00 AM 04/11/05 s2184c-bi20-e0b