Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. PCS for SB 1980 (070118)
                        Barcode 304604
                            CHAMBER ACTION
              Senate                               House
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       04/10/2006 11:44 AM         .                    
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11  The Committee on Banking and Insurance (Garcia) recommended
12  the following amendment:
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14         Senate Amendment (with directory and title amendments) 
15         On page 12, line 14, through
16            page 16, line 17, delete those lines
17  
18  and insert:  
19         (a)  General provisions.--
20         1.  Upon the occurrence of a hurricane and a
21  determination that the moneys in the fund are or will be
22  insufficient to pay reimbursement at the levels promised in
23  the reimbursement contracts, the board may take the necessary
24  steps under paragraph (c) or paragraph (d) for the issuance of
25  revenue bonds for the benefit of the fund.  The proceeds of
26  such revenue bonds may be used to make reimbursement payments
27  under reimbursement contracts; to refinance or replace
28  previously existing borrowings or financial arrangements; to
29  pay interest on bonds; to fund reserves for the bonds; to pay
30  expenses incident to the issuance or sale of any bond issued
31  under this section, including costs of validating, printing,
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    11:30 AM   04/06/06                            s1980c-bi40-j05

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. PCS for SB 1980 (070118) Barcode 304604 1 and delivering the bonds, costs of printing the official 2 statement, costs of publishing notices of sale of the bonds, 3 and related administrative expenses; or for such other 4 purposes related to the financial obligations of the fund as 5 the board may determine. The term of the bonds may not exceed 6 30 years. The board may pledge or authorize the corporation to 7 pledge all or a portion of all revenues under subsection (5) 8 and under paragraph (b) to secure such revenue bonds and the 9 board may execute such agreements between the board and the 10 issuer of any revenue bonds and providers of other financing 11 arrangements under paragraph (7)(b) as the board deems 12 necessary to evidence, secure, preserve, and protect such 13 pledge. If reimbursement premiums received under subsection 14 (5) or earnings on such premiums are used to pay debt service 15 on revenue bonds, such premiums and earnings shall be used 16 only after the use of the moneys derived from assessments 17 under paragraph (b). The funds, credit, property, or taxing 18 power of the state or political subdivisions of the state 19 shall not be pledged for the payment of such bonds. The board 20 may also enter into agreements under paragraph (c) or 21 paragraph (d) for the purpose of issuing revenue bonds in the 22 absence of a hurricane upon a determination that such action 23 would maximize the ability of the fund to meet future 24 obligations. 25 2. The Legislature finds and declares that the 26 issuance of bonds under this subsection is for the public 27 purpose of paying the proceeds of the bonds to insurers, 28 thereby enabling insurers to pay the claims of policyholders 29 to assure that policyholders are able to pay the cost of 30 construction, reconstruction, repair, restoration, and other 31 costs associated with damage to property of policyholders of 2 11:30 AM 04/06/06 s1980c-bi40-j05
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. PCS for SB 1980 (070118) Barcode 304604 1 covered policies after the occurrence of a hurricane. Revenue 2 bonds may not be issued under this subsection until validated 3 under chapter 75. The validation of at least the first 4 obligations incurred pursuant to this subsection shall be 5 appealed to the Supreme Court, to be handled on an expedited 6 basis. 7 (b) Emergency assessments.-- 8 1. If the board determines that the amount of revenue 9 produced under subsection (5) is insufficient to fund the 10 obligations, costs, and expenses of the fund and the 11 corporation, including repayment of revenue bonds and that 12 portion of the debt service coverage not met by reimbursement 13 premiums, the board shall direct the Office of Insurance 14 Regulation to levy, by order, an emergency assessment on 15 direct premiums for all property and casualty lines of 16 business in this state, including property and casualty 17 business of surplus lines insurers regulated under part VIII 18 of chapter 626, but not including any workers' compensation 19 premiums or medical malpractice premiums. As used in this 20 subsection, the term "property and casualty business" includes 21 all lines of business identified on Form 2, Exhibit of 22 Premiums and Losses, in the annual statement required of 23 authorized insurers by s. 624.424 and any rule adopted under 24 this section, except for those lines identified as accident 25 and health insurance and except for policies written under the 26 National Flood Insurance Program. The assessment shall be 27 specified as a percentage of direct written future premium 28 collections and is subject to annual adjustments by the board 29 to reflect changes in premiums subject to assessments 30 collected under this subparagraph in order to meet debt 31 obligations. The same percentage shall apply to all policies 3 11:30 AM 04/06/06 s1980c-bi40-j05
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. PCS for SB 1980 (070118) Barcode 304604 1 in lines of business subject to the assessment issued or 2 renewed during the 12-month period beginning on the effective 3 date of the assessment. 4 2. A premium is not subject to an annual assessment 5 under this paragraph in excess of 6 percent of premium with 6 respect to obligations arising out of losses attributable to 7 any one contract year, and a premium is not subject to an 8 aggregate annual assessment under this paragraph in excess of 9 10 percent of premium. An annual assessment under this 10 paragraph shall continue as long as until the revenue bonds 11 issued with respect to which the assessment was imposed are 12 outstanding, including any bonds the proceeds of which were 13 used to refund the revenue bonds, unless adequate provision 14 has been made for the payment of the bonds under the documents 15 authorizing issuance of the bonds. 16 3. Emergency assessments shall be collected from 17 policyholders. Emergency assessments shall be remitted by 18 insurers as a percentage of direct written premium for the 19 preceding calendar quarter as specified in the order from the 20 Office of Insurance Regulation. With respect to each insurer 21 collecting premiums that are subject to the assessment, the 22 insurer shall collect the assessment at the same time as it 23 collects the premium payment for each policy and shall remit 24 the assessment collected to the fund or corporation as 25 provided in the order issued by the Office of Insurance 26 Regulation. The office shall verify the accurate and timely 27 collection and remittance of emergency assessments and shall 28 report the information to the board in a form and at a time 29 specified by the board. Each insurer collecting assessments 30 shall provide the information with respect to premiums and 31 collections as may be required by the office to enable the 4 11:30 AM 04/06/06 s1980c-bi40-j05
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. PCS for SB 1980 (070118) Barcode 304604 1 office to monitor and verify compliance with this paragraph. 2 4. With respect to assessments of surplus lines 3 premiums, each surplus lines agent shall collect the 4 assessment at the same time as the agent collects the surplus 5 lines tax required by s. 626.932, and the surplus lines agent 6 shall remit the assessment to the Florida Surplus Lines 7 Service Office created by s. 626.921 at the same time as the 8 agent remits the surplus lines tax to the Florida Surplus 9 Lines Service Office. The emergency assessment on each insured 10 procuring coverage and filing under s. 626.938 shall be 11 remitted by the insured to the Florida Surplus Lines Service 12 Office at the time the insured pays the surplus lines tax to 13 the Florida Surplus Lines Service Office. The Florida Surplus 14 Lines Service Office shall remit the collected assessments to 15 the fund or corporation as provided in the order levied by the 16 Office of Insurance Regulation. The Florida Surplus Lines 17 Service Office shall verify the proper application of such 18 emergency assessments and shall assist the board in ensuring 19 the accurate and timely collection and remittance of 20 assessments as required by the board. The Florida Surplus 21 Lines Service Office shall annually calculate the aggregate 22 written premium on property and casualty business, other than 23 workers' compensation and medical malpractice, procured 24 through surplus lines agents and insureds procuring coverage 25 and filing under s. 626.938 and shall report the information 26 to the board in a form and at a time specified by the board. 27 5. Any assessment authority not used for a particular 28 contract year may be used for a subsequent contract year. If, 29 for a subsequent contract year, the board determines that the 30 amount of revenue produced under subsection (5) is 31 insufficient to fund the obligations, costs, and expenses of 5 11:30 AM 04/06/06 s1980c-bi40-j05
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. PCS for SB 1980 (070118) Barcode 304604 1 the fund and the corporation, including repayment of revenue 2 bonds and that portion of the debt service coverage not met by 3 reimbursement premiums, the board shall direct the Office of 4 Insurance Regulation to levy an emergency assessment up to an 5 amount not exceeding the amount of unused assessment authority 6 from a previous contract year or years, plus an additional 4 7 percent provided that the assessments in the aggregate do not 8 exceed the limits specified in subparagraph 2. 9 6. The assessments otherwise payable to the 10 corporation under this paragraph shall be paid to the fund 11 unless and until the Office of Insurance Regulation and the 12 Florida Surplus Lines Service Office have received from the 13 corporation and the fund a notice, which shall be conclusive 14 and upon which they may rely without further inquiry, that the 15 corporation has issued bonds and the fund has no agreements in 16 effect with local governments under paragraph (c). On or after 17 the date of the notice and until the date the corporation has 18 no bonds outstanding, the fund shall have no right, title, or 19 interest in or to the assessments, except as provided in the 20 fund's agreement with the corporation. 21 7. Emergency assessments are not premium and are not 22 subject to the premium tax, to the surplus lines tax, to any 23 fees, or to any commissions. An insurer is liable for all 24 assessments that it collects and must treat the failure of an 25 insured to pay an assessment as a failure to pay the premium. 26 An insurer is not liable for uncollectible assessments. 27 8. When an insurer is required to return an unearned 28 premium, it shall also return any collected assessment 29 attributable to the unearned premium. A credit adjustment to 30 the collected assessment may be made by the insurer with 31 regard to future remittances that are payable to the fund or 6 11:30 AM 04/06/06 s1980c-bi40-j05
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. PCS for SB 1980 (070118) Barcode 304604 1 corporation, but the insurer is not entitled to a refund. 2 9. When a surplus lines insured or an insured who has 3 procured coverage and filed under s. 626.938 is entitled to 4 the return of an unearned premium, the Florida Surplus Lines 5 Service Office shall provide a credit or refund to the agent 6 or such insured for the collected assessment attributable to 7 the unearned premium prior to remitting the emergency 8 assessment collected to the fund or corporation. 9 10. The exemption of medical malpractice insurance 10 premiums from emergency assessments under this paragraph is 11 repealed May 31, 2007, and medical malpractice insurance 12 premiums shall be subject to emergency assessments 13 attributable to loss events occurring in the contract years 14 commencing on June 1, 2007. 15 16 17 ==== D I R E C T O R Y C L A U S E A M E N D M E N T ==== 18 And the directory clause is amended as follows: 19 On page 8, lines 20 and 21, delete those lines 20 21 and insert: paragraph (b) of subsection (5), and paragraphs 22 (a) and (b) of subsection (6) of section 215.555, Florida 23 Statutes, are 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 On page 1, line 6, after the semicolon, 29 30 insert: 31 deleting a requirement that bonds be validated; 7 11:30 AM 04/06/06 s1980c-bi40-j05