Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 1770 Barcode 899444 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/19/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on General Government (Detert) recommended the following: 1 Senate Amendment 2 3 Delete lines 1104 - 1153 4 and insert: 5 d. Upon a determination by the executive director, with the 6 concurrence of the board of governors, that a projected deficit 7 in an account exceeds the amount that is expected to be 8 recovered through regular assessments under sub-subparagraph a., 9 plus the amount that is expected to be recovered through 10 policyholder surcharges under sub-subparagraph i., the executive 11 director, with concurrence by the board, after verification by 12 the office, shall levy emergency assessments for as many years 13 as necessary to cover the deficits, to be collected by 14 assessable insurers and the corporation and collected from 15 assessable insureds upon issuance or renewal of policies for 16 subject lines of business, excluding National Flood Insurance 17 policies. The executive director shall notify the Financial 18 Services Commission of the emergency assessments within 5 days 19 after the board’s concurrence with the executive director’s 20 determination that such assessments are necessary. The amount 21 collected in a particular year must be a uniform percentage of 22 that year’s direct written premium for subject lines of business 23 and all accounts of the corporation, excluding National Flood 24 Insurance Program policy premiums, as annually determined by the 25 executive director, with concurrence by the board, and verified 26 by the office. The office shall verify the arithmetic 27 calculations involved in the board’s determination within 30 28 days after receipt of the information on which the determination 29 was based. The office shall notify assessable insurers and the 30 Florida Surplus Lines Service Office of the date on which 31 assessable insurers shall begin to collect and assessable 32 insureds shall begin to pay such assessment. The date must be at 33 least
may be not less than90 days after the date the 34 corporation levies emergency assessments pursuant to this sub 35 subparagraph. Notwithstanding any other provision of law, the 36 corporation and each assessable insurer that writes subject 37 lines of business shall collect emergency assessments from its 38 policyholders without such obligation being affected by any 39 credit, limitation, exemption, or deferment. Emergency 40 assessments levied by the corporation on assessable insureds 41 shall be collected by the surplus lines agent at the time the 42 surplus lines agent collects the surplus lines tax required by 43 s. 626.932 and paid to the Florida Surplus Lines Service Office 44 at the time the surplus lines agent pays the surplus lines tax 45 to that office. The emergency assessments collected shall be 46 transferred directly to the corporation on a periodic basis as 47 determined by the corporation and held by the corporation solely 48 in the applicable account. The aggregate amount of emergency 49 assessments levied for an account under this sub-subparagraphin 50 any calendar year may be less than but not exceed the greater of 51 10 percent of the amount needed to cover the deficit, plus 52 interest, fees, commissions, required reserves, and other costs 53 associated with financing the original deficit, or 10 percent of 54 the aggregate statewide direct written premium for subject lines 55 of business and all accounts of the corporation for the prior 56 year, plus interest, fees, commissions, required reserves, and 57 other costs associated with financing the deficit.