House Bill hb1209

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    Florida House of Representatives - 2001                HB 1209

        By Representative Brown






  1                      A bill to be entitled

  2         An act relating to local taxing jurisdiction

  3         property address databases; amending s.

  4         624.509, F.S.; providing immunity from

  5         liability by an insurer for certain taxes,

  6         interest, and penalties under certain

  7         circumstances; providing for a fine for failing

  8         to exercise due diligence; requiring the

  9         Department of Revenue to develop, maintain, and

10         update an electronic database for certain

11         property addresses for certain purposes;

12         providing requirements; providing duties of the

13         department; requiring participating local

14         taxing jurisdictions to provide certain

15         information to the department for such

16         purposes; requiring the department to provide

17         copies of such database upon request; providing

18         criteria for an insurance company's due

19         diligence in developing a database; authorizing

20         the department to adopt certain rules;

21         providing for an annual appropriation to pay

22         certain expenses of the department; providing

23         an adjustable cap; providing an effective date.

24

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

26

27         Section 1.  Subsections (11), (12), and (13) are added

28  to section 624.509, Florida Statutes, to read:

29         624.509  Premium tax; rate and computation.--

30         (11)  Any insurance company that is obligated to report

31  and remit the tax on property insurance premiums imposed under

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    Florida House of Representatives - 2001                HB 1209

    754-104A-01






  1  s. 175.101 and on casualty insurance premiums imposed under s.

  2  185.08 shall be held harmless from any tax, interest, or

  3  penalty liability which would otherwise be due solely as a

  4  result of an assignment of an insured property to an incorrect

  5  local taxing jurisdiction, if the insurance company exercises

  6  due diligence in applying an electronic database provided by

  7  the Department of Revenue under subsection (12). Insurance

  8  companies which do not use the electronic database provided by

  9  the Department of Revenue, or which do not exercise due

10  diligence in applying the electronic database, shall be

11  subject to a 0.5 percent penalty on the premium for each

12  policy which is improperly assigned, whether assigned to an

13  improper local taxing jurisdiction, not assigned to a local

14  taxing jurisdiction if such property should be assigned to

15  such jurisdiction, or assigned to a local taxing jurisdiction

16  if such property should not be assigned to such jurisdiction.

17         (12)(a)  The Department of Revenue shall, subject to

18  legislative appropriation, create as soon as practicable and

19  feasible, and thereafter maintain, an electronic database that

20  gives due and proper regard to any format that is approved by

21  the American National Standards Institute's Accredited

22  Standards Committee X12 and that designates for each street

23  address and address range in this state, including any

24  multiple postal street addresses applicable to one street

25  location, the local taxing jurisdiction in which the street

26  address and address range is located and the appropriate code

27  for each such participating local taxing jurisdiction,

28  identified by one nationwide standard numeric code. The

29  nationwide standard numeric code shall contain the same number

30  of numeric digits, and each digit, or combination of digits,

31  shall refer to the same level of taxing jurisdiction

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    Florida House of Representatives - 2001                HB 1209

    754-104A-01






  1  throughout the United States using a format similar to FIPS

  2  55-3 or any other appropriate standard approved by the

  3  Federation of Tax Administrators and the Multistate Tax

  4  Commission. Each address or address range shall be provided in

  5  standard postal format, including the street number, street

  6  number range, street name, and zip code. Each year, after

  7  creation of the initial database, the Department of Revenue

  8  shall annually create and maintain a database for the current

  9  tax year. Each annual database shall be calendar year

10  specific.

11         (b)1.  Each participating local taxing jurisdiction

12  shall furnish to the Department of Revenue all information

13  needed to create and update the electronic database as soon as

14  practicable and feasible. The information furnished to the

15  Department of Revenue shall specify an effective date.

16         2.  Each participating local taxing jurisdiction shall

17  furnish to the Department of Revenue all information needed to

18  create and update the current year's database, including

19  changes in annexations, incorporations, reorganizations, and

20  any other changes in jurisdictional boundaries, as well as

21  changes in eligibility to participate in the excise taxes

22  imposed under chapters 175 and 185. The information furnished

23  to the Department of Revenue shall specify an effective date

24  and such information shall be furnished to the Department of

25  Revenue by July 1 of the current year.

26         3.  The Department of Revenue shall create and update

27  the current year's database in accordance with the information

28  furnished by participating local taxing jurisdictions under

29  subparagraph 1. or subparagraph 2., as appropriate. To the

30  extent practicable, each new annual database shall be posted

31  by the Department of Revenue on an Internet website by October

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    Florida House of Representatives - 2001                HB 1209

    754-104A-01






  1  1 of each year. Each participating local taxing jurisdiction

  2  shall have access to such website and within 30 days

  3  thereafter shall provide any corrections to the Department of

  4  Revenue. The Department of Revenue shall finalize the current

  5  year database and post it on an Internet website by December

  6  15 of the tax year. Any disputes in jurisdictional boundaries

  7  which are unable to be resolved and included, as appropriate,

  8  in the database by December 15 shall not affect the current

  9  year database and shall not be retroactively included in such

10  database. The finalized database shall be used in assigning

11  policies and premiums to the proper local taxing jurisdiction

12  for the insurance premium tax return due on the following

13  March 1. The Department of Revenue shall furnish the annual

14  database on magnetic or electronic media to any insurance

15  company or vendor who requests the database for the sole

16  purpose of assigning insurance premiums to the proper local

17  taxing jurisdiction for the excise taxes imposed under

18  chapters 175 and 185.

19         4.  Each annual database shall identify the additions,

20  deletions, or other changes to the preceding version of the

21  database.

22         (13)(a)  As used in this subsection, "due diligence"

23  means the care and attention that is expected from, and

24  ordinarily exercised by, a reasonable and prudent person under

25  the circumstances.

26         (b)  Notwithstanding any law to the contrary, an

27  insurance company is exercising due diligence if the insurance

28  company:

29         1.  Assigns an insured's premium to local taxing

30  jurisdictions in accordance with the Department of Revenue's

31  annual database.

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    Florida House of Representatives - 2001                HB 1209

    754-104A-01






  1         2.  Expends reasonable resources to accurately and

  2  reliably implement such method.

  3         3.  Maintains adequate internal controls to correctly

  4  include in the insurance company's database of policyholders

  5  the location of the property insured, in proper address

  6  format.

  7         4.  Corrects errors in the assignments of addresses to

  8  local taxing jurisdictions within 120 days after the insurance

  9  company discovers such errors.

10         Section 2.  The Department of Revenue shall adopt rules

11  to implement and administer this section.

12         Section 3.  An amount shall be annually appropriated,

13  from the moneys collected under chapters 175 and 185, Florida

14  Statutes, and deposited into the Police and Firefighters'

15  Premium Tax Trust Fund, sufficient to pay the expenses of the

16  Department of Revenue in carrying out the provisions of this

17  act, but not to exceed $100,000 annually, adjusted by the

18  lesser of 5 percent or the growth in the total collections.

19         Section 4.  This act shall take effect January 1, 2002.

20

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

22                          HOUSE SUMMARY

23
      Provides for development by the Department of Revenue or
24    an insurer of an electronic database of local taxing
      jurisdiction property addresses for purposes of
25    accurately assessing a tax on property insurance premiums
      on property in such jurisdictions. Provides for
26    certification by the department of such databases
      developed by insurers. Provides immunity from liability
27    for taxes, interest, and penalties otherwise due solely
      as a result of assignment of an insured property to an
28    incorrect local taxing jurisdiction through use of such
      database. Provides an appropriation. See bill for
29    details.

30

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