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 August 15, 2005
 

 St. Pete Times...Legislators focus on eminent domain: After June Supreme Court decision, justices invited state lawmakers to review and revise their own laws.

TALLAHASSEE -- Two months after the U.S. Supreme Court shook the legal landscape on property rights, the issue is jumping to the forefront in the Legislature and uniting politicians on traditionally opposite sides of the fence.

Legislators are already starting to study how the court's June decision affects Florida's laws and whether the case that spawned it -- a private property being forcibly turned over by a public government to a private developer -- could happen here.

Republican households in Northeast Florida will soon find themselves sharing a lead role in the fight. The state Republican Party is finalizing a mailer and petition drive aimed at certain districts across Florida, including Sen. Jim King's district. The results will play a role in guiding whatever legislation comes out of the capital.

Specifically, the Supreme Court ruled that economic development could not be excluded as a possibly valid public use, and therefore may be a justifiable reason for a government to exercise eminent domain. But justices invited state legislatures to review and revise their own laws, and several Florida lawmakers have already filed bills to do so, seven months before the next regular session.

King, R-Jacksonville, is one of them. He is drafting legislation to restrict the possibility of governments allowing property to be seized by private interests and used for non-public purposes. The bill would also clarify definitions, establish a state commission to settle future disputes and prevent the possibility of property owners being legally outspent by governments.

King, Gov. Jeb Bush and others say Florida's eminent domain laws have traditionally been considered fairly restrictive but may not be restrictive enough. State Senate staffers studying the issue, for example, discovered state laws "currently contain multiple and disparate grants of eminent domain power to a wide range of organizations."

As chairman of the Senate Commerce and Consumer Services Committee, King is among a handful of senators with a lead role in the debate. His bill is still being drafted but would basically redefine the circumstances under which property could be seized.

"I don't think there is any tenet or plank of government that is more important and precedent-setting than a person's right to own property," he said. "It could be the linchpin of the entire upcoming session. Us and 30 other states are scurrying around right now to make sure the balance is there."

King's 2006 GOP primary opponent, conservative activist Randall Terry, said the legislation makes sense -- if it survives.

"The problem is, will what he has proposed stand constitutional muster?" Terry asked. "But we do need to do everything we can to protect homeowners from pillaging. Let's be as aggressive as possible and send a message to the judiciary that the rights of citizens won't be trampled."

In the House, Speaker Allan Bense has formed a 13-member committee to study Florida's laws, and a House resolution for a constitutional amendment has been filed. In the Senate, the issue is being studied as an interim project and is likely to land before King's committee and the Judiciary and Community Affairs committees during pre-session meetings this fall.

Senate Judiciary Committee Chairman Daniel Webster, R-Winter Garden, said Floridians can expect some tightening.

"We may have been living under what we thought was a consistent opinion about what the U.S. Constitution allows, and I want to readjust the balance to where we thought it was before," Webster said. "Most people, regardless of political party, don't like the idea of the government taking land and giving it to a private development."

Whatever legislation emerges will likely have the support of Bush, who said he wants to ensure Florida's laws don't lean too far from personal property rights.

"Our laws allow for the possibility, at least, of a government entity using eminent domain powers for a private use," Bush said. "Those laws were found to be constitutional, but that doesn't mean the Legislature can't change those laws to restrict the use of eminent domain."

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 Ft Myers News Press...Insurers want end to cap on profits: Claim risk of storms scares off investors

TALLAHASSEE — The hurricanes' toll on insurance companies isn't all they claim: Annual reports include yet-to-be-reported losses and taxpayers have picked up a third of the bill.

Now, insurers want more.

Without the go-ahead to earn higher profits, industry officials say to expect more announcements like Wednesday's, when Nationwide Florida became the seventh company to say it would cease writing new policies in the state.

"There's a 5 percent limit on underwriting profit but there's no limit on losses," said Robert Hartwig, chief economist for the national Insurance Information Institute and a frequent witness before the Florida Legislature.

"If they can lose billions of dollars, they're going to need to earn billions of dollars."

Proposed in public during the legislative session and privately with regulators, Hartwig and other industry executives have made the case that Florida needs to make itself more "attractive" to capital, the investment money that backs up the policies insurers sell.

In short, Florida needs to offer bigger profits to overcome the scary risks of investing here.

For Floridians who weathered four hurricanes last year to be buffeted by rate hikes and threatened with policy cancellations, it means something else:

Premiums even higher than the 28 percent increase sought by Allstate and the 21 percent just granted Nationwide.

"Floridians have to recognize that this is a dangerous place to live," said insurance institute communications vice president Loretta Worters.

Four hurricanes in 2004 cost the industry $22.9 billion and weather forecasters predict more storms to come, she said. Rising home values and construction make the gamble all the more costly.

Florida residents don't agree.

"California has earthquakes. They have tornadoes in the Midwest. Why should we have to pay more because we have hurricanes?" asked Kathleen Agee, a Melbourne beautician who hears customers gripe daily about rate hikes and cancellations. "I guess I do think it is a profiteering thing."

Records show the industry already is profitable or, as House Insurance chairman Dennis Ross said, "insurers wouldn't still be there."

Companies have been allowed to isolate potential hurricane losses within "independent" affiliates while the profitable parent corporations reap the rewards of other lines, such as auto and life. Florida regulators have yet to force insurers to an all-or-none approach, a tactic used after Hurricane Andrew to bully insurers into providing property coverage.

What's more, financial reports show 2004 didn't hit the Florida subsidiaries as hard as they claim:

• Losses are inflated with hundreds of millions in claims that haven't been made yet and may never be filed.

Allstate Floridian policyholders had yet to file for a quarter of the hurricane losses the company counted at the end of December, more than three months after the last hurricane. State Farm similarly included $495 million in "unreported" claims in its $1.4 billion losses for 2004.

Some new claims are always expected to trickle in after financial books close, but one former insurance regulator called the size of these unreported claims "odd."

• U.S. taxpayers picked up a large share of the unprecedented storm season. The state's three largest insurers, State Farm, Allstate Floridian and Nationwide, received almost $1 billion in federal tax subsidies on their 2004 losses.

• Largely unregulated profits from non-storm years, and earnings from sister companies, offset what remained of the 2004 losses.

Testifying before the Florida Legislature last December, Allstate Floridian general counsel George Grawe said his company lost "every nickel" earned in Florida since its creation following Hurricane Andrew a decade ago.

Allstate Floridian's financial statements show actual reported losses for 2004 erased less than three years of profit.

In that time, the company returned $341 million to its parent, Allstate Insurance Co., as stock dividends and paid Allstate millions more for business services from investment advice to claims handling.

Some of the profit came back after September 2004 as interest-bearing loans and capital investments. Not enough, say financial analysts who rate the insurers.

After Allstate provided $386 million to its Florida subsidiary, and pledged another $375 million if needed, A.M. Best downgraded the Florida affiliate to a B+ with a negative outlook.

There's little interest in risking more in the Florida market.

"We did that twice. I don't think we can go to the cookie jar a third time," Grawe said in an earlier interview.

The doors between parent companies and Florida subsidiaries are conveniently closed when losses mount, argued J. Robert Hunter, director of insurance for the Consumer Federation of America and former insurance commissioner for Texas.

"Their strategy has been to distance themselves from Florida," he said. "If it really gets to something, we can walk away."

Instead, insurers are campaigning for an exemption to the state's 5 percent cap on underwriting profits, meant to prevent "excessive profits."

It already only applies to predicted earnings offset by losses that are often overestimated. Earnings on capital — where the bulk of profits are earned —already are unregulated.

Allstate Floridian reported a 28 percent profit in 2003.

Nevertheless, insurers argue that hurricane risks warrant even richer rewards.

Otherwise, said the insurance institute's Hartwig, "the money would have been better put in a pillow."

At the urging of Grawe and other insurance executives, the Office of Insurance Regulation wrote a rule lifting the underwriting cap. Though drafted in November, it was never subjected to public hearing or mentioned during months of public testimony before Florida lawmakers.

Tuesday, the day it was to be approved by the Florida Cabinet, Insurance Director Kevin McCarty withdrew it, citing concerns raised by Attorney General Charlie Crist and state Chief Financial Officer Tom Gallagher. The two candidates for governor were concerned about rate hikes.

The near approval of something so major illustrates the insurance industry's tendency to seek in secret what won't sell in public.

"We can't get enough rate when the wind isn't blowing," Grawe said in December. "We would be making a 'ridiculous' amount of money in the non-storm years."

"Yes, somebody could demagogue it and say you'll give some company a higher return, but that return is justified by the risk," said Rade Musulin, the Florida Farm Bureau Insurance executive who proposed the rule change to McCarty in a March 2004 letter co-signed by Grawe.

He proposed it as a way to attract needed capital to Florida's insurance market, long before hurricanes Charley, Frances, Ivan and Jeanne. Musulin is worried about something bigger on the horizon.

"The demagogues have it wrong," he said. "Where we get the capital to pay for the $50 billion hurricane is a big deal. We've got to get that money from somewhere."

Without more money from their parent corporations, insufficient capital is a problem for Florida insurers.

Financial stability ratings for Allstate Floridian, Nationwide Florida and State Farm Florida, as well as home-grown entities like Atlantic Preferred, are tumbling.

Nationwide Florida met its Aug. 3 downgrade by A.M. Best to a "B" (fair) by killing plans to form a new company to shoulder its Florida hurricane risks, Nationwide Atlantic.

Last week, Nationwide Florida announced it will join Allstate Floridian and Safeco in a Florida policy freeze, and turn away what little new business it was taking.

"We scaled back after the hurricanes last year. It reflects our attempts to manage" hurricane risks, said corporate spokesman Joe Case in Ohio.

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