House Bill 1863

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    Florida House of Representatives - 2000                HB 1863

        By Representative Lee






  1                      A bill to be entitled

  2         An act relating to municipal firefighters'

  3         pension trust funds; amending s. 175.101, F.S.;

  4         providing that a consolidated municipal

  5         government may impose the state excise tax on

  6         property insurance premiums on property within

  7         the boundaries of the consolidated government,

  8         regardless of whether the property is located

  9         within a separately incorporated area, under

10         certain conditions; providing an effective

11         date.

12

13         WHEREAS, the county government of Duval County, the

14  municipal government of the City of Jacksonville, and various

15  authorities and districts were consolidated in 1968 into a

16  single body politic and corporate pursuant to the authority

17  granted by Section 9, Article VIII of the Constitution of

18  1885, as amended, and

19         WHEREAS, the territories of the Cities of Jacksonville

20  Beach, Atlantic Beach, and Neptune Beach (the "Beaches"), and

21  the Town of Baldwin were also consolidated into the territory

22  of the consolidated government, except that the Beaches and

23  Baldwin continue to exist and retain the same local government

24  structure and municipal powers, and

25         WHEREAS, pursuant to its charter, the Consolidated City

26  of Jacksonville furnishes consolidated government services,

27  including fire protection, throughout the consolidated

28  government, except where such service is provided by the

29  Beaches and Baldwin, and

30         WHEREAS, the City of Atlantic Beach was providing

31  certain fire protection services to both Atlantic Beach and

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    Florida House of Representatives - 2000                HB 1863

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  1  Neptune Beach, but these services are now being provided by

  2  the Consolidated City of Jacksonville to both Atlantic Beach

  3  and Neptune Beach, and

  4         WHEREAS, the Consolidated City of Jacksonville,

  5  pursuant to section 175.101, Florida Statutes, qualifies for

  6  receipt of the state excise tax on insurance premiums on

  7  property insurance policies covering property within the

  8  corporate limits of the Consolidated City of Jacksonville, but

  9  not within those portions of the consolidated government which

10  are within the corporate limits of Atlantic Beach and Neptune

11  Beach, and

12         WHEREAS, in order for the Consolidated City of

13  Jacksonville to qualify for receipt of the state excise tax on

14  insurance premiums on property insurance policies covering

15  property within the corporate limits of Atlantic Beach and

16  Neptune Beach, section 175.101, Florida Statutes, must be

17  amended, NOW, THEREFORE,

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Subsection (1) of section 175.101, Florida

22  Statutes, is amended to read:

23         175.101  State excise tax on property insurance

24  premiums authorized; procedure.--For any municipality, special

25  fire control district, chapter plan, local law municipality,

26  local law special fire control district, or local law plan

27  under this chapter:

28         (1)  Each municipality or special fire control district

29  in this state described and classified in s. 175.041, having a

30  lawfully established firefighters' pension trust fund or

31  municipal fund or special fire control district fund, by

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    Florida House of Representatives - 2000                HB 1863

    734-100-00






  1  whatever name known, providing pension benefits to

  2  firefighters as provided under this chapter, may assess and

  3  impose on every insurance company, corporation, or other

  4  insurer now engaged in or carrying on, or who shall

  5  hereinafter engage in or carry on, the business of property

  6  insurance as shown by the records of the Department of

  7  Insurance an excise tax in addition to any lawful license or

  8  excise tax now levied by each of the municipalities or special

  9  fire control districts, respectively, amounting to 1.85

10  percent of the gross amount of receipts of premiums from

11  policyholders on all premiums collected on property insurance

12  policies covering property within the corporate limits of such

13  municipalities or within the legally defined boundaries of

14  special fire control districts, respectively. Whenever the

15  municipality described and classified in s. 175.041 is a part

16  of a single consolidated government which is made up of a

17  former county and one or more municipalities consolidated

18  pursuant to the authority in s. 3 or s. 6(e), Art. VIII of the

19  State Constitution, then the municipality may assess and

20  impose an excise tax on all insurance premiums collected on

21  property insurance policies covering property within the

22  boundaries of the consolidated government, regardless of

23  whether the property is located within one or more separately

24  incorporated areas within the consolidated government, so long

25  as the property is being provided fire protection services by

26  the municipality. Whenever the boundaries of a special fire

27  control district that has lawfully established a firefighters'

28  pension trust fund encompass a portion of the corporate

29  territory of a municipality that has also lawfully established

30  a firefighters' pension trust fund, that portion of the tax

31  receipts attributable to insurance policies covering property

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    Florida House of Representatives - 2000                HB 1863

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  1  situated both within the municipality and the special fire

  2  control district shall be given to the fire service provider.

  3  The agent shall identify the fire service provider on the

  4  property owner's application for insurance.  Remaining

  5  revenues collected pursuant to this chapter shall be

  6  distributed to the municipality or special fire control

  7  district according to the location of the insured property.

  8         Section 2.  This act shall take effect upon becoming a

  9  law.

10

11            *****************************************

12                          HOUSE SUMMARY

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      Specifies conditions under which a consolidated municipal
14    government may impose the state excise tax on property
      insurance premiums for its municipal firefighters'
15    pension trust fund on property within the boundaries of
      the consolidated government, regardless of whether the
16    property is located within a separately incorporated
      area.
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