House Bill 0339

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    Florida House of Representatives - 2000                 HB 339

        By Representative Bainter






  1                      A bill to be entitled

  2         An act relating to surplus lines insurance;

  3         amending ss. 626.923, 626.930, 626.931,

  4         626.932, 626.933, 626.935, 626.936, 626.9361,

  5         and 626.938, F.S.; revising certain

  6         requirements for surplus lines insurance to

  7         provide the Florida Surplus Lines Service

  8         Office with the same authority granted to the

  9         Department of Insurance; revising certain

10         quarterly reporting requirements; providing for

11         collection of a service fee; providing a

12         penalty for failure to make certain reports and

13         pay service fees; providing for an

14         administrative fine for such failure; providing

15         for disposition of surplus lines taxes and

16         service fees; providing an effective date.

17

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

19

20         Section 1.  Section 626.923, Florida Statutes, is

21  amended to read:

22         626.923  Filing copy of policy or certificate.--A

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

24  request by the department or the Florida Surplus Lines Service

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

26  requested policies, including applications, certificates,

27  cover notes, or other forms of confirmation of insurance

28  coverage or any substitutions thereof or endorsements thereto.

29  The department or the Florida Surplus Lines Service Office may

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

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

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  1  substance of any change represented by a substitute

  2  certificate, cover note, other form of confirmation of

  3  insurance coverage, or endorsement as compared with the

  4  coverage as originally placed or issued.

  5         Section 2.  Subsection (2) of section 616.930, Florida

  6  Statutes, is amended to read:

  7         626.930  Records of surplus lines agent.--

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

  9  examination by the department or the Florida Surplus Lines

10  Service Office without notice and shall be so kept available

11  and open to the department for 5 years next following

12  expiration or cancellation of the contract.

13         Section 3.  Section 626.931, Florida Statutes, is

14  amended to read:

15         626.931  Quarterly report.--

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

17  end of the month next following each calendar quarter file

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

19  forms as prescribed and furnished by the Florida Surplus Lines

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

21  lines insurance transacted by him or her during such calendar

22  quarter has been submitted to the Florida Surplus Lines

23  Service Office as required.

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

25  a computer-readable format as determined by the department or

26  shall be submitted on forms prescribed by the department and

27  shall show:

28         (a)  Aggregate gross premiums charged;

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

30  insureds;

31         (c)  Aggregate of net premiums;

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

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

  3  any substitutions thereof or endorsements thereto; and

  4         (e)  Additional information as required by the

  5  department.

  6         (2)(3)  The report shall include The affidavit of the

  7  surplus lines agent shall include, on forms as prescribed and

  8  furnished by the department, as to efforts made to place

  9  coverages with authorized insurers and the results thereof.

10         (3)(4)  Each foreign insurer accepting premiums which

11  are subject to taxes and which are described in this section

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

13  calendar quarter, file with the Florida Surplus Lines Service

14  Office a verified report of all surplus lines insurance

15  transacted by such insurer for insurance risks located in this

16  state during such calendar quarter.

17         (4)(5)  Each alien insurer accepting premiums which are

18  subject to taxes and which are described in this section

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

20  Florida Surplus Lines Service Office a verified report of all

21  surplus lines insurance transacted by such insurer for

22  insurance risks located in this state during the preceding

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

24  respect to calendar year 1994.

25         (5)(6)  The Insurance Commissioner shall have the

26  authority to waive the filing requirements described in

27  subsections (3)(4) and (4)(5).

28         (6)(7)  Each insurer's report and supporting

29  information shall be in a computer-readable format as

30  determined by the Florida Surplus Lines Service Office

31  department or shall be submitted on forms prescribed by the

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  1  Florida Surplus Lines Service Office department and shall show

  2  for each applicable agent:

  3         (a)  The aggregate gross Florida premiums charged;

  4         (b)  The aggregate of returned Florida premiums;

  5         (c)  The aggregate of net Florida premiums;

  6         (a)(d)  A listing of all policies, certificates, cover

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

  8  any substitutions thereof or endorsements thereto and the

  9  identifying number; and

10         (b)(e)  Any additional information required by the

11  department or Florida Surplus Lines Service Office.

12         Section 4.  Paragraph (a) of subsection (2) of section

13  626.932, Florida Statutes, is amended to read:

14         626.932  Surplus lines tax.--

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

16  to the Department of Insurance Florida Surplus Lines Service

17  Office the tax related to each calendar quarter's business as

18  reported to the Florida Surplus Lines Service Office, and

19  remit the tax to the Florida Surplus Lines Service Office at

20  the same time as provided for the filing of the quarterly

21  affidavit report, under s. 626.931. The Florida Surplus Lines

22  Service Office shall forward to the department the taxes and

23  any interest collected pursuant to paragraph (b), within 10

24  days of receipt, along with a copy of the quarterly reports

25  received.

26         Section 5.  Section 626.933, Florida Statutes, is

27  amended to read:

28         626.933  Collection of tax and service fee.--If the tax

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

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

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

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  1  department against the surplus lines agent and the surety or

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

  3  626.928.

  4         Section 6.  Paragraphs (d) and (e) of subsection (1) of

  5  section 626.935, Florida Statutes, are amended to read:

  6         626.935  Suspension, revocation, or refusal of surplus

  7  lines agent's license.--

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

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

10  surplus lines agent and all other licenses and appointments

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

12  following grounds:

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

14  reports when due as required by s. 626.931.

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

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

17         Section 7.  Section 626.936, Florida Statutes, is

18  amended to read:

19         626.936  Failure to file reports report or pay tax or

20  service fee; administrative penalty.--

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

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

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

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

25  continues, beginning the day after the report or quarterly

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

27  by the Florida Surplus Lines Service Office  department.  The

28  department shall deposit All sums collected by it under this

29  section shall be deposited into the Insurance Commissioner's

30  Regulatory Trust Fund.

31

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

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

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

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

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

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

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

  8  the day the amount becomes delinquent.  The department shall

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

10  Insurance Commissioner's Regulatory Trust Fund.

11         Section 8.  Section 626.9361, Florida Statutes, is

12  amended to read:

13         626.9361  Failure to file report; administrative

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

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

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

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

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

19  received by the Florida Surplus Lines Service Office

20  department.  Failure to file a quarterly report may also

21  result in withdrawal of eligibility as a surplus lines insurer

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

23  section shall be deposited into the Insurance Commissioner's

24  Regulatory Trust Fund.

25         Section 9.  Subsections (1), (3), (4), and (10) of

26  section 626.938, Florida Statutes, are amended to read:

27         626.938  Report and tax of independently procured

28  coverages.--

29         (1)  Every insured who in this state procures or causes

30  to be procured or continues or renews insurance with an

31  unauthorized foreign or alien insurer, or any self-insurer who

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  1  in this state so procures or continues excess loss,

  2  catastrophe, or other insurance, upon a subject of insurance

  3  resident, located, or to be performed within this state, other

  4  than insurance procured through a surplus lines agent pursuant

  5  to the Surplus Lines Law of this state or exempted from tax

  6  under s. 626.932(4), shall, within 30 days after the date such

  7  insurance was so procured, continued, or renewed, file a

  8  report of the same with the Florida Surplus Lines Service

  9  Office department in writing and upon forms designated by the

10  Florida Surplus Lines Service Office department and furnished

11  to such an insured upon request, or in a computer readable

12  format as determined by the Florida Surplus Lines Service

13  Office. The report shall show the name and address of the

14  insured or insureds, the name and address of the insurer, the

15  subject of the insurance, a general description of the

16  coverage, the amount of premium currently charged therefor,

17  and such additional pertinent information as is reasonably

18  requested by the Florida Surplus Lines Service Office

19  department.

20         (3)  For the general support of the government of this

21  state, there is levied upon the obligation, chose in action,

22  or right represented by the premium charged for such insurance

23  a tax at the rate of 5 percent of the gross amount of such

24  premium and a 0.3 percent service fee pursuant to s. 626.9325.

25  The insured shall withhold the amount of the tax and service

26  fee from the amount of premium charged by and otherwise

27  payable to the insurer for such insurance; and, within 30 days

28  after the insurance was so procured, continued, or renewed,

29  and coincidentally with the filing with the Florida Surplus

30  Lines Service Office department of the report provided for in

31  subsection (1), the insured shall make payable to the

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  1  Department of Insurance pay the amount of the tax and make

  2  payable to the Florida Surplus Lines Service Office the amount

  3  of the service fee and remit the tax and the service fee to

  4  the Florida Surplus Lines Service Office department. The

  5  Florida Surplus Lines Service Office shall forward to the

  6  department the taxes, and any interest collected pursuant to

  7  subsection (5), within 10 days after receipt.

  8         (4)  If the insured fails to withhold from the premium

  9  the amount of tax herein levied, the insured shall be liable

10  for the amount thereof and shall pay the same to the Florida

11  Surplus Lines Service Office department within the time stated

12  in subsection (3).

13         (10)  Each report and supporting information shall be

14  in a computer-readable format as determined by the Florida

15  Surplus Lines Service Office department or shall be submitted

16  on forms prescribed by the Florida Surplus Lines Service

17  Office department.

18         Section 10.  This act shall take effect upon becoming a

19  law.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      Revises requirements for surplus lines insurance to
24    provide the Florida Surplus Lines Service Office with the
      same authority granted to the Department of Insurance.
25    Revises quarterly reporting requirements. Provides for
      collection of a service fee. Provides a penalty for
26    failure to make required reports and pay service fees and
      provides for an administrative fine for such failure.
27    Provides for disposition of surplus lines taxes and
      service fees. See bill for details.
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