Senate Bill sb1822e1
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  1                      A bill to be entitled
  2         An act relating to insurance; amending s.
  3         627.351, F.S.; revising provisions governing
  4         financing arrangements and dissolutions;
  5         providing legislative intent; amending s.
  6         215.555, F.S.; redefining the term "covered
  7         policy"; amending s. 631.904, F.S.; redefining
  8         the term "covered claim"; amending s. 625.041,
  9         F.S.; revising the liabilities that a workers'
10         compensation insurer must include on its
11         financial statements; providing retroactive
12         application; amending s. 641.35, F.S.;
13         authorizing investment of funds of a health
14         maintenance organization in excess of certain
15         reserves and surplus under certain
16         circumstances; providing a limitation; amending
17         s. 624.4072, F.S.; extending the term of the
18         exemption from taxes and assessments on
19         minority-owned property and casualty insurers;
20         postponing the scheduled repeal of the law;
21         providing effective dates.
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23  Be It Enacted by the Legislature of the State of Florida:
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25         Section 1.  Paragraph (c) of subsection (2) of section
26  215.555, Florida Statutes, is amended to read:
27         215.555  Florida Hurricane Catastrophe Fund.--
28         (2)  DEFINITIONS.--As used in this section:
29         (c)  "Covered policy" means any insurance policy
30  covering residential property in this state, including, but
31  not limited to, any homeowner's, mobile home owner's, farm
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  1  owner's, condominium association, condominium unit owner's,
  2  tenant's, or apartment building policy, or any other policy
  3  covering a residential structure or its contents issued by any
  4  authorized insurer, including any joint underwriting
  5  association or similar entity created pursuant to law. The
  6  term "covered policy" includes any collateral protection
  7  insurance policy covering personal residences which protects
  8  both the borrower's and the lender's financial interests, in
  9  an amount at least equal to the coverage for the dwelling in
10  place under the lapsed homeowner's policy, if such policy can
11  be accurately reported as required in subsection (5).
12  Additionally, covered policies include policies covering the
13  peril of wind removed from the Florida Residential Property
14  and Casualty Joint Underwriting Association, created pursuant
15  to s. 627.351(6), or from the Florida Windstorm Underwriting
16  Association, created pursuant to s. 627.351(2), by an
17  authorized insurer under the terms and conditions of an
18  executed assumption agreement between the authorized insurer
19  and either such association. Each assumption agreement between
20  either association and such authorized insurer must be
21  approved by the Florida Department of Insurance prior to the
22  effective date of the assumption, and the Department of
23  Insurance must provide written notification to the board
24  within 15 working days after such approval. "Covered policy"
25  does not include any policy that excludes wind coverage or
26  hurricane coverage or any reinsurance agreement and does not
27  include any policy otherwise meeting this definition which is
28  issued by a surplus lines insurer or a reinsurer.
29         Section 2.  Subsection (2) of section 631.904, Florida
30  Statutes, is amended to read:
31         631.904  Definitions.--As used in this part, the term:
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  1         (2)  "Covered claim" means an unpaid claim, including a
  2  claim for return of unearned premiums, which arises out of, is
  3  within the coverage of, and is not in excess of the applicable
  4  limits of, an insurance policy to which this part applies,
  5  which policy was issued by an insurer and which claim is made
  6  on behalf of a claimant or insured who was a resident of this
  7  state at the time of the injury. The term "covered claim" does
  8  not include any amount sought as a return of premium under any
  9  retrospective rating plan; any amount due any reinsurer,
10  insurer, insurance pool, or underwriting association, as
11  subrogation recoveries or otherwise; or any return of premium
12  resulting from a policy that was not in force on the date of
13  the final order of liquidation. Member insurers have no right
14  of subrogation against the insured of any insolvent insurer.
15  This provision shall be applied retroactively to cover claims
16  of an insolvent self-insurance fund resulting from accidents
17  or losses incurred prior to January 1, 1994, regardless of the
18  date the Department of Insurance filed a petition in circuit
19  court alleging insolvency and the date the court entered an
20  order appointing a receiver.
21         Section 3.  Effective upon becoming a law and operating
22  retroactively to January 1, 2002, subsection (5) is added to
23  section 625.041, Florida Statutes, to read:
24         625.041  Liabilities, in general.--In any determination
25  of the financial condition of an insurer, liabilities to be
26  charged against its assets shall include:
27         (5)  Any insurer in this state which writes workers'
28  compensation insurance shall accrue a liability on its
29  financial statements for all Special Disability Trust Fund
30  assessments that are due within the current calendar year. In
31  addition, such insurers shall also disclose in the notes to
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  1  the financial statements required to be filed pursuant to s.
  2  624.424 an estimate of future Special Disability Trust Fund
  3  assessments, if such assessments are likely to occur and can
  4  be estimated with reasonable certainty.
  5         Section 4.  Subsection (15) of section 641.35, Florida
  6  Statutes, is amended to read:
  7         641.35  Assets, liabilities, and investments.--
  8         (15)  SPECIAL CONSENT INVESTMENT OF EXCESS FUNDS.--
  9         (a)  After satisfying the requirements of this part,
10  any funds of a health maintenance organization in excess of
11  its statutorily required reserves and surplus may be invested:
12         1.  Without limitation in any investments otherwise
13  authorized by this part; or
14         2.  In such other investments not specifically
15  authorized by this part provided such investments do not
16  exceed the lesser 5 percent of the health maintenance
17  organization's admitted assets or 25 percent of the amount by
18  which a health maintenance organization's surplus exceeds its
19  statutorily required minimum surplus. A health maintenance
20  organization may exceed the limitations of this subparagraph
21  only with the prior written approval of the department.
22         (b)  Nothing in this subsection authorizes a health
23  maintenance organization to:
24         1.  Invest any funds in excess of the amount by which
25  its actual surplus exceeds its statutorily required minimum
26  surplus; or
27         2.  Make any investment prohibited by this code Any
28  investment of the health maintenance organization's funds not
29  enumerated in this part requires the prior approval of the
30  department.
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  1         Section 5.  Section 624.4072, Florida Statutes, is
  2  amended to read:
  3         624.4072  Minority-owned property and casualty
  4  insurers; limited exemption for taxation and assessments.--
  5         (1)  A minority business that is at least 51 percent
  6  owned by minority persons, as defined in s. 288.703(3),
  7  initially issued a certificate of authority in this state as
  8  an authorized insurer after May 1, 1998, and before January 1,
  9  2002, to write property and casualty insurance shall be
10  exempt, for a period not to exceed 10 5 years from the date of
11  receiving its certificate of authority, from the following
12  taxes and assessments:
13         (a)  Taxes imposed under ss. 175.101, 185.08, and
14  624.509;
15         (b)  Assessments by the Florida Residential Property
16  and Casualty Joint Underwriting Association or by the Florida
17  Windstorm Underwriting Association, as provided under s.
18  627.351, except for emergency assessments collected from
19  policyholders pursuant to s. 627.351(2)(b)2.d.(III) and
20  (6)(b)3.d. Any such insurer shall be a member insurer of the
21  Florida Windstorm Underwriting Association and the Florida
22  Residential Property and Casualty Joint Underwriting
23  Association. The premiums of such insurer shall be included in
24  determining, for the Florida Windstorm Underwriting
25  Association, the aggregate statewide direct written premium
26  for property insurance and in determining, for the Florida
27  Residential Property and Casualty Joint Underwriting
28  Association, the aggregate statewide direct written premium
29  for the subject lines of business for all member insurers.
30         (2)  Subsection (1) applies only to personal lines and
31  commercial lines residential property insurance policies as
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  1  defined in s. 627.4025, and applies only to an insurer that
  2  has employees in this state and has a home office or a
  3  regional office in this state.  With respect to any tax year
  4  or assessment year, the exemptions provided by subsection (1)
  5  apply only if during the year an average of at least 10
  6  percent of the insurer's Florida residential property policies
  7  in force covered properties located in enterprise zones
  8  designated pursuant to s. 290.0065.
  9         (3)  The provision of the definition of "minority
10  person" in s. 288.703(3) that requires residency in Florida
11  shall not apply to the term "minority person" as used in this
12  section or s. 627.3511.
13         (4)  This section is repealed effective December 31,
14  2010 July 1, 2003, and the tax and assessment exemptions
15  authorized by this section shall terminate on such date.
16         Section 6.  Effective July 1, 2002, and contingent upon
17  SB 1418 becoming a law, paragraph (k) of subsection (6) of
18  section 627.351, Florida Statutes, is amended and paragraph
19  (p) is added to that subsection, to read:
20         (6)  CITIZENS RESIDENTIAL PROPERTY INSURANCE
21  CORPORATION AND CASUALTY JOINT UNDERWRITING ASSOCIATION.--
22         (k)  Upon a determination by the department board of
23  governors that the conditions giving rise to the establishment
24  and activation of the corporation association no longer exist,
25  and upon the consent thereto by order of the department, the
26  corporation association is dissolved. Upon dissolution, the
27  assets of the association shall be applied first to pay all
28  debts, liabilities, and obligations of the corporation
29  association, including the establishment of reasonable
30  reserves for any contingent liabilities or obligations, and
31  all remaining assets of the corporation association shall
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  1  become property of the state and deposited in the Florida
  2  Hurricane Catastrophe Fund. However, no dissolution shall take
  3  effect as long as the corporation has bonds or other financial
  4  obligations outstanding unless adequate provision has been
  5  made for the payment of the bonds or other financial
  6  obligations pursuant to the documents authorizing the issuance
  7  of the bonds or other financial obligations.
  8         (p)  In enacting the provisions of this section, the
  9  Legislature recognizes that both the Florida Windstorm
10  Underwriting Association and the Residential Property and
11  Casualty Joint Underwriting Association have entered into
12  financing arrangements that obligate each entity to service
13  its debts and maintain the capacity to repay funds secured
14  under these financing arrangements. It is the intent of the
15  Legislature that nothing in this section be construed to
16  compromise, diminish, or interfere with the rights of
17  creditors under such financing arrangements. It is further the
18  intent of the Legislature to preserve the obligations of the
19  Florida Windstorm Underwriting Association and Residential
20  Property and Casualty Joint Underwriting Association with
21  regard to outstanding financing arrangements, with such
22  obligations passing entirely and unchanged to the corporation
23  and, specifically, to the applicable account of the
24  corporation. So long as any bonds, notes, indebtedness, or
25  other financing obligations of the Florida Windstorm
26  Underwriting Association or the Residential Property and
27  Casualty Joint Underwriting Association are outstanding, under
28  the terms of the financing documents pertaining to them, the
29  governing board of the corporation shall have and shall
30  exercise the authority to levy, charge, collect, and receive
31  all premiums, assessments, surcharges, charges, revenues and
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  1  receipts that the associations had authority to levy, charge,
  2  collect, or receive under the provisions of subsection (2) and
  3  subsection (6), respectively, as they existed on January 1,
  4  2002, to provide moneys, without exercise of the authority
  5  provided by this subsection, in at least the amounts, and by
  6  the times, as would be provided under those former provisions
  7  of subsection (2) or subsection (6), respectively, so that the
  8  value, amount, and collectability of any assets, revenues, or
  9  revenue source pledged or committed to, or any lien thereon
10  securing such outstanding bonds, notes, indebtedness, or other
11  financing obligations will not be diminished, impaired, or
12  adversely affected by the amendments made by this act and to
13  permit compliance with all provisions of financing documents
14  pertaining to such bonds, notes, indebtedness, or other
15  financing obligations, or the security or credit enhancement
16  for them, and any reference in this subsection to bonds,
17  notes, indebtedness, financing obligations, or similar
18  obligations, of the corporation shall include like instruments
19  or contracts of the Florida Windstorm Underwriting Association
20  and the Residential Property and Casualty Joint Underwriting
21  Association to the extent not inconsistent with the provisions
22  of the financing documents pertaining to them.
23         Section 7.  The amendments to section 627.351, Florida
24  Statutes, in this act prevail over any conflicting amendments
25  to that section contained in SB 1418.
26         Section 8.  Except as otherwise expressly provided in
27  this act, this act shall take effect July 1, 2002.
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