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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Holzendorf moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 16, between lines 20 and 21,

15

16  insert:

17         Section 2.  Section 626.923, Florida Statutes, is

18  amended to read:

19         626.923  Filing copy of policy or certificate.--A

20  surplus lines agent shall, within 30 days after the date of a

21  request by the department or the Florida Surplus Lines Service

22  Office, furnish the department an exact copy of any and all

23  requested policies, including applications, certificates,

24  cover notes, or other forms of confirmation of insurance

25  coverage or any substitutions thereof or endorsements thereto.

26  The department or the Florida Surplus Lines Service Office may

27  also request and the agent shall furnish, within 30 days after

28  the date of the request, the agent's memorandum as to the

29  substance of any change represented by a substitute

30  certificate, cover note, other form of confirmation of

31  insurance coverage, or endorsement as compared with the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





 1  coverage as originally placed or issued.

 2         Section 3.  Section 626.930, Florida Statutes, is

 3  amended to read:

 4         626.930  Records of surplus lines agent.--

 5         (1)  Each surplus lines agent shall keep in his or her

 6  office in this state a full and true record for a period of 5

 7  years of each surplus lines contract, including applications

 8  and all certificates, cover notes, and other forms of

 9  confirmation of insurance coverage and any substitutions

10  thereof or endorsements thereto relative to said contract

11  procured by the agent and showing such of the following items

12  as may be applicable:

13         (a)  Amount of the insurance and perils insured

14  against;

15         (b)  Brief general description of property insured and

16  where located;

17         (c)  Gross premium charged;

18         (d)  Return premium paid, if any;

19         (e)  Rate of premium charged upon the several items of

20  property;

21         (f)  Effective date of the contract, and the terms

22  thereof;

23         (g)  Name and post office address of the insured;

24         (h)  Name and home-office address of the insurer;

25         (i)  Amount collected from the insured; and

26         (j)  Other information as may be required by the

27  department.

28         (2)  The record shall at all times be open to

29  examination by the department or the Florida Surplus Lines

30  Service Office without notice and shall be so kept available

31  and open to the department for 5 years next following

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





 1  expiration or cancellation of the contract.

 2         (3)  Each surplus lines agent shall maintain all

 3  surplus lines business records in his or her general lines

 4  agency office, if licensed as a general lines agent, or in his

 5  or her managing general agency office, if licensed as a

 6  managing general agent or the full-time salaried employee of

 7  such general agent.

 8         Section 4.  Section 626.931, Florida Statutes, is

 9  amended to read:

10         626.931  Quarterly report.--

11         (1)  Each surplus lines agent shall on or before the

12  end of the month next following each calendar quarter file

13  with the Florida Surplus Lines Service Office an affidavit, on

14  forms as prescribed and furnished by the Florida Surplus Lines

15  Service Office, stating that a verified report of all surplus

16  lines insurance transacted by him or her during such calendar

17  quarter has been submitted to the Florida Surplus Lines

18  Service Office as required.

19         (2)  The reports and supporting information shall be in

20  a computer-readable format as determined by the Florida

21  Surplus Lines Service Office department or shall be submitted

22  on forms prescribed by the department and shall show:

23         (a)  Aggregate gross premiums charged;

24         (b)  Aggregate of returned premiums and taxes paid to

25  insureds;

26         (c)  Aggregate of net premiums;

27         (d)  A listing of all policies, certificates, cover

28  notes, or other forms of confirmation of insurance coverage or

29  any substitutions thereof or endorsements thereto; and

30         (e)  Additional information as required by the

31  department or Florida Surplus Lines Service Office.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





 1         (3)  The report shall include the affidavit of the

 2  surplus lines agent, on forms as prescribed and furnished by

 3  the Florida Surplus Lines Service Office department, as to

 4  efforts made to place coverages with authorized insurers and

 5  the results thereof.

 6         (4)  Each foreign insurer accepting premiums which are

 7  subject to taxes and which are described in this section

 8  shall, on or before the end of the month following each

 9  calendar quarter, file with the Florida Surplus Lines Service

10  Office a verified report of all surplus lines insurance

11  transacted by such insurer for insurance risks located in this

12  state during such calendar quarter.

13         (5)  Each alien insurer accepting premiums which are

14  subject to taxes and which are described in this section

15  shall, on or before June 30 of each year, file with the

16  Florida Surplus Lines Service Office a verified report of all

17  surplus lines insurance transacted by such insurer for

18  insurance risks located in this state during the preceding

19  calendar year, provided the first such report shall be with

20  respect to calendar year 1999 1994.

21         (6)  The Insurance Commissioner shall have the

22  authority to waive the filing requirements described in

23  subsections (4) and (5).

24         (7)  Each insurer's report and supporting information

25  shall be in a computer-readable format as determined by the

26  Florida Surplus Lines Service Office department or shall be

27  submitted on forms prescribed by the Florida Surplus Lines

28  Service Office department and shall show for each applicable

29  agent:

30         (a)  The aggregate gross Florida premiums charged;

31         (b)  The aggregate of returned Florida premiums;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





 1         (c)  The aggregate of net Florida premiums;

 2         (d)  A listing of all policies, certificates, cover

 3  notes, or other forms of confirmation of insurance coverage or

 4  any substitutions thereof or endorsements thereto and the

 5  identifying number; and

 6         (e)  Any additional information required by the

 7  department or Florida Surplus Lines Service Office.

 8         Section 5.  Section 626.932, Florida Statutes, is

 9  amended to read:

10         626.932  Surplus lines tax.--

11         (1)  The premiums charged for surplus lines coverages

12  are subject to a premium receipts tax of 5 percent of all

13  gross premiums charged for such insurance.  The surplus lines

14  agent shall collect from the insured the amount of the tax at

15  the time of the delivery of the cover note, certificate of

16  insurance, policy, or other initial confirmation of insurance,

17  in addition to the full amount of the gross premium charged by

18  the insurer for the insurance. The surplus lines agent is

19  prohibited from absorbing such tax or, as an inducement for

20  insurance or for any other reason, rebating all or any part of

21  such tax or of his or her commission.

22         (2)(a)  The surplus lines agent shall make payable pay

23  to the Florida Department of Insurance Florida Surplus Lines

24  Service Office the tax related to each calendar quarter's

25  business as reported to the Florida Surplus Lines Service

26  Office, and remit the tax to the Florida Surplus Lines Service

27  Office at the same time as provided for the filing of the

28  quarterly affidavit report, under s. 626.931. The Florida

29  Surplus Lines Service Office shall forward to the department

30  the taxes and any interest collected pursuant to paragraph

31  (b), within 10 days of receipt, along with a copy of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





 1  quarterly reports received.

 2         (b)  The agent shall pay interest on the amount of any

 3  delinquent tax due, at the rate of 9 percent per year,

 4  compounded annually, beginning the day the amount becomes

 5  delinquent.

 6         (3)  If a surplus lines policy covers risks or

 7  exposures only partially in this state, the tax payable shall

 8  be computed on the portion of the premium which is properly

 9  allocable to the risks or exposures located in this state.

10         (4)  This section does not apply as to insurance of, or

11  with respect to, vessels, cargo, or aircraft written under s.

12  626.917, or as to insurance of risks of the state government

13  or its agencies, or of any county or municipality or of any

14  agency thereof.

15         (5)  The department shall deposit 55 percent of all

16  taxes collected under this section to the credit of the

17  Insurance Commissioner's Regulatory Trust Fund.  Forty-five

18  percent of all taxes collected under this section shall be

19  deposited into the General Revenue Fund.

20         (6)  For the purposes of this section, the term

21  "premium" means the consideration for insurance by whatever

22  name called and includes any assessment, or any membership,

23  policy, survey, inspection, service, or similar fee or charge

24  in consideration for an insurance contract, which items are

25  deemed to be a part of the premium.  The per-policy fee

26  authorized by s. 626.916(4) is specifically included within

27  the meaning of the term "premium." However, the service fee

28  imposed pursuant to s. 626.9325 is excluded from the meaning

29  of the term "premium."

30         Section 6.  Section 626.933, Florida Statutes, is

31  amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





 1         626.933  Collection of tax and service fee.--If the tax

 2  and service fee payable by a surplus lines agent under this

 3  Surplus Lines Law is not so paid within the time prescribed,

 4  the same shall be recoverable in a suit brought by the

 5  department against the surplus lines agent and the surety or

 6  sureties on the bond filed by the surplus lines agent under s.

 7  626.928.

 8         Section 7.  Section 626.935, Florida Statutes, is

 9  amended to read:

10         626.935  Suspension, revocation, or refusal of surplus

11  lines agent's license.--

12         (1)  The department shall deny an application for,

13  suspend, revoke, or refuse to renew the appointment of a

14  surplus lines agent and all other licenses and appointments

15  held by the licensee under this code, upon any of the

16  following grounds:

17         (a)  Removal of the licensee's office from the state.

18         (b)  Removal of the accounts and records of his or her

19  surplus lines business from this state during the period when

20  such accounts and records are required to be maintained under

21  s. 626.930.

22         (c)  Closure of the licensee's office for a period of

23  more than 30 consecutive days.

24         (d)  Failure to make and file his or her quarterly

25  reports when due as required by s. 626.931.

26         (e)  Failure to pay the tax and service fee on surplus

27  lines premiums, as provided for in this Surplus Lines Law.

28         (f)  Failure to maintain the bond as required by s.

29  626.928.

30         (g)  Suspension, revocation, or refusal to renew or

31  continue the license or appointment as a general lines agent,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





 1  service representative, or managing general agent.

 2         (h)  Lack of qualifications as for an original surplus

 3  lines agent's license.

 4         (i)  Violation of this Surplus Lines Law.

 5         (j)  For any other applicable cause for which the

 6  license of a general lines agent could be suspended, revoked,

 7  or refused under s. 626.611.

 8         (2)  The department may, in its discretion, deny an

 9  application for, suspend, revoke, or refuse to renew the

10  license or appointment of any surplus lines agent upon any

11  applicable ground for which a general lines agent's license

12  could be suspended, revoked, or refused under s. 626.621.

13         (3)  In the suspension or revocation of, or the refusal

14  to issue or renew, the license or appointment of a surplus

15  lines agent, the department shall follow the same procedures,

16  as applicable, as provided for suspension, revocation, or

17  refusal of licenses of general lines agents, but subject to s.

18  626.936 as to failure to file a quarterly report or pay the

19  tax.

20         (4)  The following sections also apply, to the extent

21  so applicable, as to surplus lines agents:

22         (a)  Section 626.641.

23         (b)  Section 626.651.

24         (c)  Section 626.661.

25         (d)  Section 626.681.

26         (e)  Section 626.691.

27         Section 8.  Section 626.936, Florida Statutes, is

28  amended to read:

29         626.936  Failure to file reports report or pay tax or

30  service fee; administrative penalty.--

31         (1)  Any licensed surplus lines agent who neglects to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





 1  file a report or a quarterly affidavit report in the form and

 2  within the time required or provided for in the Surplus Lines

 3  Law may be fined up to $50 per day for each day the neglect

 4  continues, beginning the day after the report or quarterly

 5  affidavit report was due until the date the report is received

 6  by the Florida Surplus Lines Service Office department. All

 7  The department shall deposit all sums collected by it under

 8  this section shall be deposited into the Insurance

 9  Commissioner's Regulatory Trust Fund.

10         (2)  Any licensed surplus lines agent who neglects to

11  pay the taxes and service fees as required under the Surplus

12  Lines Law and within the time required may be fined up to $500

13  per day for each day the failure to pay continues, beginning

14  the day after the tax and service fees were was due. The agent

15  shall pay interest on the amount of any delinquent tax due, at

16  the rate of 9 percent per year, compounded annually, beginning

17  the day the amount becomes delinquent.  The department shall

18  deposit all sums collected by it under this section into the

19  Insurance Commissioner's Regulatory Trust Fund.

20         Section 9.  Section 626.9361, Florida Statutes, is

21  amended to read:

22         626.9361  Failure to file report; administrative

23  penalty.--Any eligible surplus lines insurer who fails to file

24  a quarterly report in the form and within the time required or

25  provided for in the Surplus Lines Law may be fined up to $500

26  per day for each day such failure continues, beginning the day

27  after the report was due, until the date the report is

28  received by the Florida Surplus Lines Service Office

29  department.  Failure to file a quarterly report may also

30  result in withdrawal of eligibility as a surplus lines insurer

31  in this state. All sums collected by the department under this

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





 1  section shall be deposited into the Insurance Commissioner's

 2  Regulatory Trust Fund.

 3

 4  (Redesignate subsequent sections.)

 5

 6

 7  ================ T I T L E   A M E N D M E N T ===============

 8  And the title is amended as follows:

 9         On page 1, line 2, through page 2, line 6, delete those

10  lines

11

12  and insert:

13         An act relating to insurance; amending s.

14         624.610, F.S.; setting the conditions for the

15         allowance of credit for reinsurance; providing

16         definitions; providing for grounds for denial

17         or revocation of an assuming insurer's

18         accreditation; providing criteria for the

19         disallowance of credit for reinsurance for a

20         ceding insurer; providing for the payment of

21         costs and expenses; providing conditions for

22         the allowance or disallowance of credit for

23         reinsurance for assuming insurers maintaining

24         trust funds in qualified United States

25         financial institutions; providing intent that

26         there is no conflict with arbitration

27         agreements; providing for security; providing

28         for the inclusion of certain health maintenance

29         organizations within the term "ceding insurer";

30         providing conditions for the disallowance of

31         credit with respect to a ceding domestic

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





 1         insurer; providing conditions for credit for

 2         reinsurance in cases of insolvency; providing

 3         for rights against a reinsurer; providing

 4         prohibitions applying to authorized insurers,

 5         other than certain surplus lines insurance;

 6         providing procedures and information required

 7         for a summary statement of each treaty;

 8         providing for exemptions from requirement of

 9         summary statements; providing for waiver;

10         providing for cancellation; providing that

11         there is no credit when there is no transfer of

12         risk; granting authority to the Department of

13         Insurance for rulemaking; providing an

14         effective date for the application of cessions;

15         amending ss. 626.923, 626.930, 626.931,

16         626.932, 626.933, 626.935, 626.936, and

17         626.9361, F.S.; revising the requirements for

18         surplus lines insurance to provide the same

19         authority to the Florida Surplus Lines Service

20         Office that is currently provided to the

21         Department of Insurance; providing an effective

22         date.

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