Senate Bill sb2184c1

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    Florida Senate - 2005                           CS for SB 2184

    By the Committee on Banking and Insurance; and Senator Baker





    597-2091-05

  1                      A bill to be entitled

  2         An act relating to insurer insolvency; amending

  3         s. 631.181, F.S.; providing an exception to

  4         certain requirements for a signed statement for

  5         certain claims against an insolvent insurer;

  6         providing requirements; creating s. 631.1915,

  7         F.S.; providing requirements for policyholder

  8         collateral, deductible reimbursements, and

  9         other policyholder obligations; specifying that

10         certain collateral held by an insurer or a

11         receiver to secure policyholder obligations

12         under a deductible agreement are not an estate

13         asset; requiring use of such collateral to

14         secure policyholder obligations under such

15         agreement; requiring a receiver to use such

16         collateral to pay noncovered claims under

17         certain circumstances; providing for certain

18         claims to be claims against an insurer's estate

19         under certain circumstances; requiring a

20         receiver to allocate collateral among certain

21         obligations and administer such collateral;

22         authorizing a receiver to continue and enforce

23         certain alternative policyholder claim funding

24         contractual agreements; specifying certain

25         actions as a bar to certain claims and an

26         extinguishment of certain obligations;

27         requiring a guaranty association to bill a

28         policyholder for certain reimbursement amounts

29         for certain claims; specifying policyholder

30         obligation for certain amounts; prohibiting

31         certain defenses; requiring a receiver to use

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    Florida Senate - 2005                           CS for SB 2184
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 1         certain collateral for certain purposes;

 2         requiring a receiver to prorate certain funds

 3         of an estate under certain circumstances;

 4         authorizing a guaranty association to deduct

 5         certain expenses; requiring a guaranty

 6         association to provide a complete accounting of

 7         certain billing and collection activities;

 8         authorizing a guaranty association to contract

 9         for certain collections; providing for claims

10         against an insolvent insurer's estate for

11         certain unreimbursed claims payments; requiring

12         a receiver to annually adjust collateral held

13         pursuant to a deductible agreement; specifying

14         jurisdiction of a state court to resolve

15         disputes; preserving rights of a guaranty

16         association to reimbursement for certain

17         claims; providing application to certain orders

18         of liquidation; providing definitions;

19         providing for nonapplication to certain claims;

20         amending s. 631.54, F.S.; redefining the term

21         "covered claim"; amending s. 631.57, F.S.;

22         providing requirements and limitations for the

23         Florida Insurance Guaranty Association, Inc.,

24         relating to assessments for covered claims

25         payable from revenue bonds issued by counties

26         or municipalities; authorizing the association

27         to contract with counties and municipalities to

28         issue revenue bonds for certain purposes;

29         providing requirements for use of bond

30         proceeds; creating s. 631.695, F.S.; providing

31         legislative findings and purposes; providing

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    Florida Senate - 2005                           CS for SB 2184
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 1         for issuance of revenue bonds through counties

 2         and municipalities to fund assistance programs

 3         for paying covered claims for hurricane damage;

 4         providing procedures, requirements, and

 5         limitations for counties, municipalities, and

 6         the Florida Insurance Guaranty Association,

 7         Inc., relating to issuance and validation of

 8         such bonds; providing for payments on and

 9         retirement of such bonds from certain

10         assessments; prohibiting pledging the funds,

11         credit, property, and taxing power of the

12         state, counties, and municipalities for payment

13         of bonds; specifying authorized uses of bond

14         proceeds; limiting the term of bonds;

15         specifying a state covenant to protect

16         bondholders from adverse actions relating to

17         such bonds; specifying exemptions for bonds,

18         notes, and other obligations of counties and

19         municipalities from certain taxes or

20         assessments on property and revenues;

21         authorizing counties and municipalities to

22         create a legal entity to exercise certain

23         powers; prohibiting repeal of certain

24         provisions relating to certain bonds under

25         certain circumstances; providing severability;

26         providing an effective date.

27  

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

29  

30         Section 1.  Paragraph (f) is added to subsection (2) of

31  section 631.181, Florida Statutes, to read:

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    Florida Senate - 2005                           CS for SB 2184
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 1         631.181  Filing and proof of claim.--

 2         (2)

 3         (f)  The signed statement required by this section

 4  shall not be required on claims for which adequate claims file

 5  documentation exists within the records of the insolvent

 6  insurer. Claims for payment of unearned premium shall not be

 7  required to use the signed statement required by this section

 8  if the receiver certifies to the guaranty fund that the

 9  records of the insolvent insurer are sufficient to determine

10  the amount of unearned premium owed to each policyholder of

11  the insurer and such information is remitted to the guaranty

12  fund by the receiver in electronic or other mutually agreed

13  upon format.

14         Section 2.  Section 631.1915, Florida Statutes, is

15  created to read:

16         631.1915  Policyholder collateral; deductible

17  reimbursements; other policyholder obligations.--

18         (1)  Any collateral held by or for the benefit of, or

19  assigned to, the insurer or subsequently the receiver in order

20  to secure the obligations of a policyholder under a deductible

21  agreement shall not be considered an asset of the estate and

22  shall be maintained and administered by the receiver as

23  provided in this section, notwithstanding any other provision

24  of law or contract to the contrary.

25         (2)  If the collateral is being held by or for the

26  benefit of, or assigned to, the insurer or subsequently the

27  receiver to secure obligations under a deductible agreement

28  with a policyholder subject to the provisions of this section,

29  the collateral shall be used to secure the policyholder's

30  obligation to fund or reimburse claims payments within the

31  agreed deductible amount.

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    Florida Senate - 2005                           CS for SB 2184
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 1         (3)  If a claim is subject to a deductible agreement

 2  and secured by collateral and is not covered by any guaranty

 3  association, the receiver shall adjust and pay the noncovered

 4  claim using the collateral, but only to the extent of the

 5  available collateral. A claim against the collateral by a

 6  third-party claimant is not a claim against the insolvent

 7  insurer's estate for purposes of s. 631.193. If the collateral

 8  is exhausted and the insured is not able to provide funds to

 9  pay the remaining claims within the deductible, the remaining

10  claims shall be claims against the insurer's estate subject to

11  complying with other provisions in this part for the filing

12  and allowance of such claims.

13         (4)  To the extent the receiver is holding collateral

14  provided by a policyholder that was obtained to secure a

15  deductible agreement and to secure other obligations of the

16  policyholder, the receiver shall equitably allocate the

17  collateral among such obligations and administer the

18  collateral allocated to the deductible agreement pursuant to

19  this section. The receiver shall inform the guaranty

20  associations of the method and details of all the foregoing

21  allocations.

22         (5)  Regardless of whether there is collateral, if the

23  insurer has contractually agreed to allow the policyholder to

24  fund its own claims within the deductible amount pursuant to a

25  deductible agreement, through the policyholder's own

26  administration of its claims or through the policyholder

27  providing funds directly to a third-party administrator who

28  administers the claims, the receiver may allow such funding

29  arrangement to continue and, where applicable, shall enforce

30  such arrangements. The funding of such claims by the

31  policyholder within the deductible amount acts as a bar to any

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    Florida Senate - 2005                           CS for SB 2184
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 1  claim for such amount in the liquidation proceeding,

 2  including, but not limited to, any such claim by the

 3  policyholder or the third-party claimant. The funding

 4  extinguishes both the obligation, if any, of any guaranty

 5  association to pay such claims within the deductible amount

 6  and the obligations, if any, of the policyholder or

 7  third-party administrator to reimburse the guaranty

 8  association. No charge of any kind shall be made against any

 9  guaranty association on the basis of the policyholder's

10  funding of claims payment made pursuant to the mechanism set

11  forth in this subsection.

12         (6)  If the insurer has not contractually agreed to

13  allow the policyholder to fund the policyholder's own claims

14  within the deductible amount, to the extent a guaranty

15  association is required by applicable state law to pay any

16  claims for which the insurer would have been entitled to

17  reimbursement from the policyholder under the terms of the

18  deductible agreement and to the extent the claims have not

19  been paid by a policyholder or third party, the guaranty

20  association shall bill the policyholder for such reimbursement

21  and the policyholder is obligated to pay such amount to the

22  guaranty association for the benefit of the guaranty

23  associations who paid such claims. Neither the insolvency of

24  the insurer nor its inability to perform any of its

25  obligations under the deductible agreement shall be a defense

26  to the policyholder's reimbursement obligation under the

27  deductible agreement. If the policyholder fails to pay the

28  amounts due within 60 days after the bill for such

29  reimbursements is due, the receiver shall use the collateral

30  to the extent necessary to reimburse the guaranty association

31  and, at the same time, the guaranty association may pursue

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    Florida Senate - 2005                           CS for SB 2184
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 1  other collection efforts against the policyholder. If more

 2  than one guaranty association has a claim against the same

 3  collateral and the available collateral, after allocation

 4  under subsection (4), together with billing and collection

 5  efforts, are together insufficient to pay each guaranty

 6  association in full, the receiver shall prorate payments to

 7  each guaranty association based upon the relationship the

 8  amount of claims each guaranty association has paid bears to

 9  the total of all claims paid by such guaranty associations.

10         (7)(a)  The guaranty association is entitled to deduct

11  from collateral to be returned to a policyholder reasonable

12  actual expenses incurred in fulfilling the responsibilities

13  under this provision.

14         (b)  With respect to claims payments made by any

15  guaranty association, the guaranty association shall provide

16  any other guaranty associations and the receiver with a

17  complete accounting of the guaranty association's deductible

18  billing and collection activities, including copies of the

19  policyholder billings when rendered and the reimbursements

20  collected. The cost of reports required pursuant to this

21  subsection shall be considered part of the expenses of the

22  guaranty association.

23         (c)  The guaranty association may contract with the

24  receiver for the direct collection from the policyholders on

25  the same basis as the guaranty association and with the same

26  rights and remedies. If so assigned, the receiver shall report

27  any amounts so collected from each policyholder to the

28  guaranty association.

29         (d)  To the extent that guaranty associations pay

30  claims within the deductible amount but are not reimbursed by

31  the receiver under this section or by policyholder payments

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    Florida Senate - 2005                           CS for SB 2184
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 1  from the guaranty associations' own collection efforts, the

 2  guaranty association shall have a claim on the insolvent

 3  insurer's estate for such unreimbursed claims payments. The

 4  priority of such claim shall depend upon the nature of the

 5  payment that should have been reimbursed.

 6         (e)  Periodically, but not more than annually, the

 7  receiver shall adjust the collateral being held pursuant to

 8  the deductible agreement. The receiver shall maintain adequate

 9  collateral to secure 110 percent of the entire estimated

10  obligation of the policyholder. The receiver shall provide a

11  copy of its collateral review to any obligated guaranty

12  association. Once all claims covered by the collateral have

13  been paid and the receiver is satisfied that no new claims can

14  be presented, the receiver may release any remaining

15  collateral.

16         (8)  The state court that has jurisdiction over the

17  liquidation proceedings shall have jurisdiction to resolve

18  disputes arising under this section.

19         (9)  Nothing in this section limits or adversely

20  affects any right the guaranty associations may have under

21  applicable state law to obtain reimbursement from certain

22  classes of policyholders for claims payments made by such

23  guaranty associations under policies of the insolvent insurer

24  or for related expenses the guaranty associations incur.

25         (10)  This section applies to all liquidations for

26  which an order is entered after July 1, 2005.

27         (11)  For purposes of this section, the term:

28         (a)  "Deductible agreement" means any combination of

29  one or more policies, endorsements, contracts, or security

30  agreements that provide for the policyholder to bear the risk

31  of loss within a specified amount per claim or occurrence

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    Florida Senate - 2005                           CS for SB 2184
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 1  covered under a policy of insurance, and that may be subject

 2  to aggregate limit of policyholder reimbursement obligations.

 3         (b)  "Noncovered claim" means a claim that is subject

 4  to a deductible agreement, may be secured by collateral, and

 5  is not covered by a guaranty association.

 6         (12)  This section does not apply to first-party

 7  claims.

 8         Section 3.  Subsection (3) of section 631.54, Florida

 9  Statutes, is amended to read:

10         631.54  Definitions.--As used in this part:

11         (3)  "Covered claim" means an unpaid claim, including

12  one of unearned premiums, which arises out of, and is within

13  the coverage, and not in excess of, the applicable limits of

14  an insurance policy to which this part applies, issued by an

15  insurer, if such insurer becomes an insolvent insurer and the

16  claimant or insured is a resident of this state at the time of

17  the insured event or the property from which the claim arises

18  is permanently located in this state. For entities other than

19  an individual, the residence of a claimant, insured, or

20  policyholder is the state in which the entity's principal

21  place of business is located at the time of the insured event.

22  "Covered claim" shall not include:

23         (a)  Any amount due any reinsurer, insurer, insurance

24  pool, or underwriting association, sought directly or

25  indirectly through a third party, as subrogation,

26  contribution, indemnification, or otherwise; or

27         (b)  Any claim that would otherwise be a covered claim

28  under this part that has been rejected by any other state

29  guaranty fund on the grounds that an insured's net worth is

30  greater than that allowed under that state's guaranty law.

31  Member insurers shall have no right of subrogation,

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    Florida Senate - 2005                           CS for SB 2184
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 1  contribution, indemnification, or otherwise, sought directly

 2  or indirectly through a third party, against the insured of

 3  any insolvent member.

 4         Section 4.  Paragraph (a) of subsection (1), paragraph

 5  (d) of subsection (2), and paragraph (a) of subsection (3) of

 6  section 631.57, Florida Statutes, are amended to read:

 7         631.57  Powers and duties of the association.--

 8         (1)  The association shall:

 9         (a)1.  Be obligated to the extent of the covered claims

10  existing:

11         a.  Prior to adjudication of insolvency and arising

12  within 30 days after the determination of insolvency;

13         b.  Before the policy expiration date if less than 30

14  days after the determination; or

15         c.  Before the insured replaces the policy or causes

16  its cancellation, if she or he does so within 30 days of the

17  determination.

18         2.a.  The obligation under subparagraph 1. shall

19  include only that amount of each covered claim which is in

20  excess of $100 and is less than $300,000, except with respect

21  to policies covering condominium associations or homeowners'

22  associations, which associations have a responsibility to

23  provide insurance coverage on residential units within the

24  association, the obligation shall include that amount of each

25  covered property insurance claim which is less than $100,000

26  multiplied by the number of condominium units or other

27  residential units; however, as to homeowners' associations,

28  this sub-subparagraph subparagraph applies only to claims for

29  damage or loss to residential units and structures attached to

30  residential units.

31  

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 1         b.  Notwithstanding sub-subparagraph a., the

 2  association has no obligation to pay covered claims that are

 3  to be paid from the proceeds of bonds issued under s. 631.695.

 4  However, the association shall assign and pledge the first

 5  available moneys from all or part of the assessments

 6  authorized in paragraph (3)(a) to or on behalf of the issuer

 7  of such bonds for the benefit of the holders of such bonds.

 8  The association shall administer any such covered claims and

 9  present valid covered claims for payment in accordance with

10  the provisions of the assistance program in connection with

11  which such bonds have been issued.

12         3.  In no event shall the association be obligated to a

13  policyholder or claimant in an amount in excess of the

14  obligation of the insolvent insurer under the policy from

15  which the claim arises.

16         (2)  The association may:

17         (d)  Negotiate and become a party to such contracts as

18  are necessary to carry out the purpose of this part.

19  Additionally, the association may enter into such contracts

20  with a municipality or county or such legal entity created

21  pursuant to s. 163.01(7)(g) as are necessary in order for the

22  municipality or county or such legal entity to issue bonds

23  under s. 631.695. In connection with the issuance of any such

24  bonds and the entering into of any such necessary contracts,

25  the association may agree to such terms and conditions as the

26  association deems necessary and proper.

27         (3)(a)  To the extent necessary to secure the funds for

28  the respective accounts for the payment of covered claims, and

29  also to pay the reasonable costs to administer the same, and

30  to the extent necessary to retire indebtedness, including,

31  without limitation, the principal, redemption premium, if any,

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    Florida Senate - 2005                           CS for SB 2184
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 1  and interest on, and related costs of issuance of, bonds

 2  issued under s. 631.695 and the funding of any reserves and

 3  other payments required under the bond resolution or trust

 4  indenture pursuant to which such bonds have been issued, the

 5  office, upon certification of the board of directors, shall

 6  levy assessments in the proportion that each insurer's net

 7  direct written premiums in this state in the classes protected

 8  by the account bears to the total of said net direct written

 9  premiums received in this state by all such insurers for the

10  preceding calendar year for the kinds of insurance included

11  within such account. Assessments shall be remitted to and

12  administered by the board of directors in the manner specified

13  by the approved plan. Each insurer so assessed shall have at

14  least 30 days' written notice as to the date the assessment is

15  due and payable.  Every assessment shall be made as a uniform

16  percentage applicable to the net direct written premiums of

17  each insurer in the kinds of insurance included within the

18  account in which the assessment is made.  The assessments

19  levied against any insurer shall not exceed in any one year

20  more than 2 percent of that insurer's net direct written

21  premiums in this state for the kinds of insurance included

22  within such account during the calendar year next preceding

23  the date of such assessments.

24         Section 5.  Section 631.695, Florida Statutes, is

25  created to read:

26         631.695  Revenue bond issuance through counties or

27  municipalities.--

28         (1)  The Legislature finds:

29         (a)  The potential for widespread and massive damage to

30  persons and property caused by hurricanes making landfall in

31  this state can generate insurance claims of such a number as

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 1  to render numerous insurers operating within this state

 2  insolvent and therefore unable to satisfy covered claims.

 3         (b)  The inability of insureds within this state to

 4  receive payment of covered claims or to receive such payment

 5  timely creates financial and other hardships for such insureds

 6  and places undue burdens on the state, the affected units of

 7  local government, and the community at large.

 8         (c)  In addition, the failure of insurers to pay

 9  covered claims or to pay such claims timely due to the

10  insolvency of such insurers can undermine the public's

11  confidence in insurers operating within this state, thereby

12  adversely affecting the stability of the insurance industry in

13  this state.

14         (d)  The state has previously taken action to address

15  these problems by adopting the Florida Insurance Guaranty

16  Association Act, which, among other things, provides a

17  mechanism for the payment of covered claims under certain

18  insurance policies to avoid excessive delay in payment and to

19  avoid financial loss to claimants or policyholders because of

20  the insolvency of an insurer.

21         (e)  In the wake of the unprecedented destruction

22  caused by various hurricanes that have made landfall in this

23  state, the resultant covered claims, and the number of

24  insurers rendered insolvent thereby, it is evident that

25  alternative programs must be developed to allow the Florida

26  Insurance Guaranty Association, Inc., to more expeditiously

27  and effectively provide for the payment of covered claims.

28         (f)  It is therefore determined to be in the best

29  interests of, and necessary for, the protection of the public

30  health, safety, and general welfare of the residents of this

31  state, and for the protection and preservation of the economic

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 1  stability of insurers operating in this state, and it is

 2  declared to be an essential public purpose, to permit certain

 3  municipalities and counties to take such actions as will

 4  provide relief to claimants and policyholders having covered

 5  claims against insolvent insurers operating in this state by

 6  expediting the handling and payment of covered claims.

 7         (g)  To achieve the foregoing purposes, it is proper to

 8  authorize municipalities and counties of this state

 9  substantially affected by the landfall of a category 1 or

10  greater hurricane to issue bonds to assist the Florida

11  Insurance Guaranty Association, Inc., in expediting the

12  handling and payment of covered claims of insolvent insurers.

13         (h)  In order to avoid the needless and indiscriminate

14  proliferation, duplication, and fragmentation of such

15  assistance programs, it is in the best interests of the

16  residents of this state to authorize municipalities and

17  counties severely affected by a category 1 or greater

18  hurricane to provide for the payment of covered claims beyond

19  their territorial limits in the implementation of such

20  programs.

21         (i)  It is a paramount public purpose for

22  municipalities and counties substantially affected by the

23  landfall of a category 1 or greater hurricane to be able to

24  issue bonds for the purposes described in this section. Such

25  issuance shall provide assistance to residents of those

26  municipalities and counties, as well as to other residents of

27  this state.

28         (2)  The governing body of any municipality or county

29  the residents of which have been substantially affected by a

30  category 1 or greater hurricane may issue bonds to fund an

31  assistance program in conjunction with, and with the consent

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 1  of, the Florida Insurance Guaranty Association, Inc., for the

 2  purpose of paying claimants' or policyholders' covered claims

 3  as defined in s. 631.54 arising through the insolvency of an

 4  insurer, which insolvency is determined by the Florida

 5  Insurance Guaranty Association, Inc., to have been a result of

 6  a category 1 or greater hurricane, regardless of whether such

 7  claimants or policyholders are residents of such municipality

 8  or county or the property to which such claim relates is

 9  located within or outside the territorial jurisdiction of such

10  municipality or county. The power of a municipality or county

11  to issue bonds as described in this section is in addition to

12  any powers granted by law and may not be abrogated or

13  restricted by any provisions in such municipality's or

14  county's charter. A municipality or county issuing bonds for

15  this purpose shall enter into such contracts with the Florida

16  Insurance Guaranty Association, Inc., or any entity acting on

17  behalf of the Florida Insurance Guaranty Association, Inc., as

18  are necessary to implement the assistance program. Any bonds

19  issued by a municipality or county or combination thereof

20  under this subsection shall be payable from and secured by

21  moneys received by or on behalf of the municipality or county

22  from assessments levied under s. 631.57(3)(a) and assigned and

23  pledged to or on behalf of the municipality or county for the

24  benefit of the holders of such bonds in connection with such

25  assistance program. The funds, credit, property, and taxing

26  power of the state or any municipality or county shall not be

27  pledged for the payment of such bonds.

28         (3)  The association shall issue an annual report on

29  the status of the use of bond proceeds as related to

30  insolvencies caused by hurricanes. The report must contain the

31  number and amount of claims paid. The association shall also

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 1  include an analysis of the revenue generated from the

 2  assessment levied under s. 631.57(3)(a) to pay such bonds. The

 3  association shall submit a copy of the report to the President

 4  of the Senate, the Speaker of the House of Representatives,

 5  and the Chief Financial Officer within 90 days after the end

 6  of each calendar year in which bonds were outstanding.

 7         (4)  Bonds may be validated by such municipality or

 8  county pursuant to chapter 75. The proceeds of such bonds may

 9  be used to pay covered claims of insolvent insurers; to

10  refinance or replace previously existing borrowings or

11  financial arrangements; to pay interest on bonds; to fund

12  reserves for the bonds; to pay expenses incident to the

13  issuance or sale of any bond issued under this section,

14  including costs of validating, printing, and delivering the

15  bonds, costs of printing the official statement, costs of

16  publishing notices of sale of the bonds, costs of obtaining

17  credit enhancement or liquidity support, and related

18  administrative expenses; or for such other purposes related to

19  the financial obligations of the fund as the association may

20  determine. The term of the bonds may not exceed 30 years.

21         (5)  The state covenants with holders of bonds of the

22  assistance program that the state will not take any action

23  which will have a material adverse affect on such holders and

24  will not repeal or abrogate the power of the board of

25  directors of the association to direct the Office of Insurance

26  Regulation to levy the assessments and to collect the proceeds

27  of the revenues pledged to the payment of such bonds as long

28  as any such bonds remain outstanding unless adequate provision

29  has been made for the payment of such bonds pursuant to the

30  documents authorizing the issuance of such bonds.

31  

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 1         (6)  The accomplishment of the authorized purposes of

 2  such municipality or county under this section is in all

 3  respects for the benefit of the people of the state, for the

 4  increase of their commerce and prosperity, and for the

 5  improvement of their health and living conditions. Such

 6  municipality or county, in performing essential governmental

 7  functions in accomplishing its purposes, is not required to

 8  pay any taxes or assessments of any kind whatsoever upon any

 9  property acquired or used by the county or municipality for

10  such purposes or upon any revenues at any time received by the

11  county or municipality. The bonds, notes, and other

12  obligations of such municipality or county, and the transfer

13  of and income from such bonds, notes, and other obligations,

14  including any profits made on the sale of such bonds, notes,

15  and other obligations, are exempt from taxation of any kind by

16  the state or by any political subdivision or other agency or

17  instrumentality of the state. The exemption granted in this

18  subsection is not applicable to any tax imposed by chapter 220

19  on interest, income, or profits on debt obligations owned by

20  corporations.

21         (7)  Two or more municipalities or counties the

22  residents of which have been substantially affected by a

23  category 1 or greater hurricane may create a legal entity

24  pursuant to s. 163.01(7)(g) to exercise the powers described

25  in this section as well as those powers granted in s.

26  163.01(7)(g). Reference in this section to a municipality or

27  county includes such legal entity.

28         Section 6.  No provision of section 631.57 or section

29  631.695, Florida Statutes, shall be repealed until such time

30  as the principal, redemption premium, if any, and interest on

31  all bonds issued under section 631.695, Florida Statutes,

                                  17

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    Florida Senate - 2005                           CS for SB 2184
    597-2091-05




 1  payable and secured from assessments levied under section

 2  631.57(3)(e), Florida Statutes, have been paid in full or

 3  adequate provision for such payment has been made in

 4  accordance with the bond resolution or trust indenture

 5  pursuant to which such bonds were issued.

 6         Section 7.  If any provision of this act or the

 7  application thereof to any person or circumstance is held

 8  invalid, the invalidity shall not affect other provisions or

 9  applications of the act which can be given effect without the

10  invalid provision or application, and to this end the

11  provisions of this act are declared severable.

12         Section 8.  This act shall take effect upon becoming a

13  law.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 2184

17                                 

18  The committee substitute provides the following changes:  

19  o    Deletes the provision allowing the Florida Insurance
         Guaranty Association to impose an extra assessment of up
20       to 2 percent of premium against member insurers to fund a
         bond insurance to cover claims of a hurricane-related
21       insolvency of an insurer and, instead, allows FIGA to
         pledge part or all of the current maximum 2 percent
22       assessment for this purpose.

23  o    Provides that a proof of claim form to seek recovery from
         FIGA is not required if adequate claims file
24       documentation exists within the records of the insolvent
         insurer, and is not required for payment of unearned
25       premium refunds.

26  o    Requires the Department of Financial Services, as
         receiver of an insolvent Florida insurer, to use any
27       collateral held by the insurer to secure a deductible
         amount owed by the policyholder, to fund or reimburse
28       claims payments, rather than being considered part of the
         estate of the insurer available to general creditors.
29  

30  

31  

                                  18

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