HB 1497

1
A bill to be entitled
2An act relating to the Florida Hurricane Catastrophe Fund;
3amending s. 215.555, F.S.; providing a definition;
4specifying the board of directors of the Florida Hurricane
5Catastrophe Fund Finance Corporation as the Rate Reduction
6Authority for certain purposes; providing for the
7authority to extend and expand a temporary emergency
8program applicable only to certain hurricane seasons;
9authorizing the authority to provide additional contract
10years for certain optional coverage; authorizing the Rate
11Reduction Authority to sell reinsurance to private
12insurance companies at discounted rates under certain
13circumstances; providing requirements; extending eligible
14contract years for purposes of certain temporary increase
15in coverage limit options; increasing the claims-paying
16capacity of the fund; increasing the reimbursement premium
17amount for certain additional coverage; limiting purchases
18of such additional insurance; specifying additional powers
19of the Rate Reduction Authority relating to contract
20refund requirements, antitrust actions, and selling
21reinsurance; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Paragraph (o) is added to subsection (2) of
26section 215.555, Florida Statutes, paragraph (d) of subsection
27(6), paragraphs (a) and (c) of subsection (16), and paragraphs
28(c) and (h) of subsection (17) of that section are amended, and
29paragraph (h) is added to subsection (16) of that section, to
30read:
31     215.555  Florida Hurricane Catastrophe Fund.--
32     (2)  DEFINITIONS.--As used in this section:
33     (o)  "Board" means the board of directors of the
34corporation.
35     (6)  REVENUE BONDS.--
36     (d)  Florida Hurricane Catastrophe Fund Finance
37Corporation.--
38     1.  In addition to the findings and declarations in
39subsection (1), the Legislature also finds and declares that:
40     a.  The public benefits corporation created under this
41paragraph will provide a mechanism necessary for the cost-
42effective and efficient issuance of bonds. This mechanism will
43eliminate unnecessary costs in the bond issuance process,
44thereby increasing the amounts available to pay reimbursement
45for losses to property sustained as a result of hurricane
46damage.
47     b.  The purpose of such bonds is to fund reimbursements
48through the Florida Hurricane Catastrophe Fund to pay for the
49costs of construction, reconstruction, repair, restoration, and
50other costs associated with damage to properties of
51policyholders of covered policies due to the occurrence of a
52hurricane.
53     c.  The efficacy of the financing mechanism will be
54enhanced by the corporation's ownership of the assessments, by
55the insulation of the assessments from possible bankruptcy
56proceedings, and by covenants of the state with the
57corporation's bondholders.
58     2.a.  There is created a public benefits corporation, which
59is an instrumentality of the state, to be known as the Florida
60Hurricane Catastrophe Fund Finance Corporation.
61     b.  The corporation shall operate under a five-member board
62of directors consisting of the Governor or a designee, the Chief
63Financial Officer or a designee, the Attorney General or a
64designee, the director of the Division of Bond Finance of the
65State Board of Administration, and the senior employee of the
66State Board of Administration responsible for operations of the
67Florida Hurricane Catastrophe Fund. The board shall also operate
68as the Rate Reduction Authority in its capacity as regulating
69and controlling property insurance insurers and the rates of
70such insurers.
71     c.  The corporation has all of the powers of corporations
72under chapter 607 and under chapter 617, subject only to the
73provisions of this subsection.
74     d.  The corporation may issue bonds and engage in such
75other financial transactions as are necessary to provide
76sufficient funds to achieve the purposes of this section.
77     e.  The corporation may invest in any of the investments
78authorized under s. 215.47.
79     f.  There shall be no liability on the part of, and no
80cause of action shall arise against, any board members or
81employees of the corporation for any actions taken by them in
82the performance of their duties under this paragraph.
83     3.a.  In actions under chapter 75 to validate any bonds
84issued by the corporation, the notice required by s. 75.06 shall
85be published only in Leon County and in two newspapers of
86general circulation in the state, and the complaint and order of
87the court shall be served only on the State Attorney of the
88Second Judicial Circuit.
89     b.  The state hereby covenants with holders of bonds of the
90corporation that the state will not repeal or abrogate the power
91of the board to direct the Office of Insurance Regulation to
92levy the assessments and to collect the proceeds of the revenues
93pledged to the payment of such bonds as long as any such bonds
94remain outstanding unless adequate provision has been made for
95the payment of such bonds pursuant to the documents authorizing
96the issuance of such bonds.
97     4.  The bonds of the corporation are not a debt of the
98state or of any political subdivision, and neither the state nor
99any political subdivision is liable on such bonds. The
100corporation does not have the power to pledge the credit, the
101revenues, or the taxing power of the state or of any political
102subdivision. The credit, revenues, or taxing power of the state
103or of any political subdivision shall not be deemed to be
104pledged to the payment of any bonds of the corporation.
105     5.a.  The property, revenues, and other assets of the
106corporation; the transactions and operations of the corporation
107and the income from such transactions and operations; and all
108bonds issued under this paragraph and interest on such bonds are
109exempt from taxation by the state and any political subdivision,
110including the intangibles tax under chapter 199 and the income
111tax under chapter 220. This exemption does not apply to any tax
112imposed by chapter 220 on interest, income, or profits on debt
113obligations owned by corporations other than the Florida
114Hurricane Catastrophe Fund Finance Corporation.
115     b.  All bonds of the corporation shall be and constitute
116legal investments without limitation for all public bodies of
117this state; for all banks, trust companies, savings banks,
118savings associations, savings and loan associations, and
119investment companies; for all administrators, executors,
120trustees, and other fiduciaries; for all insurance companies and
121associations and other persons carrying on an insurance
122business; and for all other persons who are now or may hereafter
123be authorized to invest in bonds or other obligations of the
124state and shall be and constitute eligible securities to be
125deposited as collateral for the security of any state, county,
126municipal, or other public funds. This sub-subparagraph shall be
127considered as additional and supplemental authority and shall
128not be limited without specific reference to this sub-
129subparagraph.
130     6.  The corporation and its corporate existence shall
131continue until terminated by law; however, no such law shall
132take effect as long as the corporation has bonds outstanding
133unless adequate provision has been made for the payment of such
134bonds pursuant to the documents authorizing the issuance of such
135bonds. Upon termination of the existence of the corporation, all
136of its rights and properties in excess of its obligations shall
137pass to and be vested in the state.
138     (16)  TEMPORARY EMERGENCY OPTIONS FOR ADDITIONAL
139COVERAGE.--
140     (a)  Findings and intent.--
141     1.  The Legislature finds that:
142     a.  Because of temporary disruptions in the market for
143catastrophic reinsurance, many property insurers were unable to
144procure reinsurance for the 2006 hurricane season with an
145attachment point below the insurers' respective Florida
146Hurricane Catastrophe Fund attachment points, were unable to
147procure sufficient amounts of such reinsurance, or were able to
148procure such reinsurance only by incurring substantially higher
149costs than in prior years.
150     b.  The reinsurance market problems were responsible, at
151least in part, for substantial premium increases to many
152consumers and increases in the number of policies issued by the
153Citizens Property Insurance Corporation.
154     c.  It is likely that the reinsurance market disruptions
155will not significantly abate prior to the 2007 hurricane season.
156     2.  It is the intent of the Legislature to create a
157temporary emergency program, applicable to the 2007, 2008, and
1582009 hurricane seasons, to address these market disruptions and
159enable insurers, at their option, to procure additional coverage
160from the Florida Hurricane Catastrophe Fund and to allow the
161Rate Reduction Authority to extend and expand the program.
162     (c)  Optional coverage.--For the contract year commencing
163June 1, 2007, and ending May 31, 2008, the contract year
164commencing June 1, 2008, and ending May 31, 2009, and the
165contract year commencing June 1, 2009, and ending May 31, 2010,
166the board shall offer for each of such years the optional
167coverage as provided in this subsection. Additional contract
168years may be added by the Rate Reduction Authority.
169     (h)1.  The Rate Reduction Authority may sell reinsurance
170below the $6 billion retention level in the Florida Hurricane
171Catastrophe Fund within the range of 30 to 60 percent online to
172private insurance companies that agree to take out of Citizens
173Property Insurance Corporation a specified number of individual
174policies held by Citizens Property Insurance Corporation, on a
175geographically diverse basis.
176     2.  Policyholders of Citizens Property Insurance
177Corporation that are taken out pursuant to subparagraph 1. must
178receive a discount no less than a rate specified by the Rate
179Reduction Authority, which must be no less than 10 percent.
180     3.  The Rate Reduction Authority may offer discounted
181reinsurance rates to private insurance companies through offers
182to negotiate via auction, individual negotiation, or any method
183designed to achieve the best-discounted rate for policyholders
184of Citizens Property Insurance Corporation.
185     4.  The Rate Reduction Authority may determine how many
186policies a private company must assume from Citizens Property
187Insurance Corporation in order to purchase reinsurance from the
188state at the discounted rate.
189     5.  Private insurance companies shall assume 100 percent of
190each policy taken from Citizens Property Insurance Corporation
191in exchange for the discounted reinsurance rate.
192     (17)  TEMPORARY INCREASE IN COVERAGE LIMIT OPTIONS.--
193     (c)  Optional coverage.--For the contract year commencing
194June 1, 2007, and ending May 31, 2008, the contract year
195commencing June 1, 2008, and ending May 31, 2009, and the
196contract year commencing June 1, 2009, and ending May 31, 2010,
197the board shall offer, for each of such contract years and for
198the 10 subsequent contract years, the optional coverage as
199provided in this subsection, and may for those years extend the
200coverage to cover additional amounts. Additional contract years
201may be added by the Rate Reduction Authority.
202     (h)  Increasing the claims-paying capacity of the
203fund.--For the contract years commencing June 1, 2007, June 1,
2042008, and years thereafter June 1, 2009, the board may increase
205the claims-paying capacity of the fund as provided in paragraph
206(g) by an amount not to exceed $15 $4 billion in four $1 billion
207options and shall depend on the TICL coverage options selected
208and the number of insurers that select the TICL optional
209coverage. Each insurer's TICL premium shall be calculated based
210upon the additional limit of increased coverage that the insurer
211selects. Such limit is determined by multiplying the TICL
212multiple associated with one of the four options times the
213insurer's FHCF reimbursement premium. The reimbursement premium
214associated with the additional coverage provided in this
215paragraph shall be determined by the board but shall be no less
216than 150 percent of the amount as specified in subsection (5).
217This additional insurance may not be purchased from an
218affiliated or parent company, as defined by the board.
219     Section 2.  Additional powers of the Rate Reduction
220Authority.--In addition to any other power granted to the State
221Board of Administration or the Rate Reduction Authority, the
222Rate Reduction Authority may also:
223     (1)  Require all property insurance contracts to contain a
224provision entitling the insured to a refund if the insured is
225canceled without good cause. The refund shall be established by
226the authority but shall be no less than 50 percent of an annual
227premium and no more than 200 percent of an annual premium. This
228provision shall not apply if 2 years' notice of cancellation is
229given.
230     (2)  File a collusion or antitrust action against any
231insurer or individual, notwithstanding any exemptions in law,
232including s. 542.21, Florida Statutes.
233     (3)  Devise a different manner of selling reinsurance to
234Citizens Property Insurance Corporation or private insurers in
235order to reduce rates.
236     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.