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attempting to prevent collection of the assessments. On June 9,
1983, the Florida Supreme Court issued its order and, on
September 15, 1983, rendered its opinion that the statute
governing the FPCF's imposition of fees and assessments was
constitutional both on its face and as applied. Department of
Ins. v. Southeast Volusia Hosp. Dist., 438 So. 2d 815 (Fla.
1983).
As of September 30, 1983, the unpaid assessments against
petitioner for the fund years 1977-78 through 1981-82 totaled
$460,384. Of this total amount, AMH had assumed liability for
$114,815 upon purchase of the hospital. As of September 30,
1984, the unpaid assessments by FPCF against petitioner for those
years totaled $401,709, of which AMH was liable for $56,221. In
addition, petitioner owed interest on these amounts. On June 20,
1985, petitioner entered a settlement agreement with the FPCP and
the State of Florida Department of Insurance for the payment of
petitioner's FPCF obligation. Petitioner made all payments to
FPCF in accordance with the settlement agreement.
The total amounts petitioner paid to FPCF during the years
in issue were as follows:
Year Total Paid
1984 $71,976.76
1985 638,806.22
1986 284,330.46
1987 0
1988 29,764.26
$1,024,877.70
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