HB 0003A, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to deposit of insurance premium taxes;
3	amending ss. 626.932 and 626.938, F.S.; adjusting the
4	percentage of surplus lines tax and independently procured
5	coverages tax deposited into the Insurance Commissioner’s
6	Regulatory Trust Fund and the General Revenue Fund;
7	creating s. 175.1015, F.S.; authorizing the Department of
8	Revenue to create and maintain a database for use by
9	insurers that report and remit an excise tax on property
10	insurance premiums; providing insurers with incentives for
11	using the database; providing penalties for failure to use
12	the database; requiring local governments to provide
13	information to the department; appropriating funds to the
14	department for the administration of the database;
15	authorizing the department to adopt rules; creating s.
16	185.085, F.S.; authorizing the Department of Revenue to
17	create and maintain a database for use by insurers that
18	report and remit an excise tax on casualty insurers
19	premiums; providing incentives to insurers for using the
20	database and penalties for failure to use the database;
21	requiring local governments to provide information to the
22	department; appropriating funds to the department for the
23	administration of the database; authorizing the department
24	to adopt rules; providing for distribution of tax revenues
25	through 2007; amending s. 175.351, F.S.; defining the term
26	"extra benefits" with respect to pension plans for
27	firefighters; amending s. 185.35, F.S.; providing for the
28	meaning of the term "extra benefits" with respect to
29	pension plans for municipal police officers; amending s.
30	175.061, F.S.; authorizing the plan administrator to
31	withhold certain funds; amending s. 185.05, F.S.;
32	authorizing the plan administrator to withhold certain
33	funds; providing an appropriation to the Department of
34	Revenue; providing for construction of the act in pari
35	materia with laws enacted during the 2003 Regular Session
36	of the Legislature; providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1. Subsection (5) of section 626.932, Florida
41	Statutes, is amended to read:
42	626.932 Surplus lines tax.--
43	(5) The department shall deposit 24.355percent of all
44	taxes collected under this section to the credit of the
45	Insurance Commissioner's Regulatory Trust Fund. Seventy-five and
46	seven tenthsForty-fivepercent of all taxes collected under
47	this section shall be deposited into the General Revenue Fund.
48	Section 2. Subsection (7) of section 626.938, Florida
49	Statutes, is amended to read:
50	626.938 Report and tax of independently procured
51	coverages.--
52	(7) The department shall deposit 24.355percent of all
53	taxes and interest collected under this section to the credit of
54	the Insurance Commissioner's Regulatory Trust Fund. Seventy-five
55	and seven tenthsForty-fivepercent of all taxes and interest
56	collected under this section shall be deposited into the General
57	Revenue Fund.
58	Section 3. Section 175.1015, Florida Statutes, is created
59	to read:
60	175.1015 Determination of local premium tax situs.--
61	(1)(a) Any insurance company that is obligated to report
62	and remit the excise tax on property insurance premiums imposed
63	under s. 175.101 shall be held harmless from any liability for
64	taxes, interest, or penalties that would otherwise be due solely
65	as a result of an assignment of an insured property to an
66	incorrect local taxing jurisdiction if the insurance company
67	exercises due diligence in applying an electronic database
68	provided by the Department of Revenue under subsection (2).
69	Insurance companies that do not use the electronic database
70	provided by the Department of Revenue or that do not exercise
71	due diligence in applying the electronic database are subject to
72	a 0.5-percent penalty on the portion of the premium pertaining
73	to any insured risk that is improperly assigned, whether
74	assigned to an improper local taxing jurisdiction, not assigned
75	to a local taxing jurisdiction when it should be assigned to a
76	local taxing jurisdiction, or assigned to a local taxing
77	jurisdiction when it should not be assigned to a local taxing
78	jurisdiction.
79	(b) Any insurance company that is obligated to report and
80	remit the excise tax on commercial property insurance premiums
81	imposed under s. 175.101 and is unable, after due diligence, to
82	assign an insured property to a specific local taxing
83	jurisdiction for purposes of complying with paragraph(a) shall
84	remit the excise tax on commercial property insurance premiums
85	using a methodology of apportionment in a manner consistent with
86	the remittance for the 2002 calendar year.
87	(2)(a) The Department of Revenue shall, subject to
88	legislative appropriation, create as soon as practical and
89	feasible, and thereafter shall maintain, an electronic database
90	that conforms to any format approved by the American National
91	Standards Institute's Accredited Standards Committee X12 and
92	that designates for each street address and address range in the
93	state, including any multiple postal street addresses applicable
94	to one street location, the local taxing jurisdiction in which
95	the street address and address range is located, and the
96	appropriate code for each such participating local taxing
97	jurisdiction, identified by one nationwide standard numeric
98	code. The nationwide standard numeric code must contain the same
99	number of numeric digits, and each digit or combination of
100	digits must refer to the same level of taxing jurisdiction
101	throughout the United States and must be in a format similar to
102	FIPS 55-3 or other appropriate standard approved by the
103	Federation of Tax Administrators and the Multistate Tax
104	Commission. Each address or address range must be provided in
105	standard postal format, including the street number, street
106	number range, street name, and zip code. Each year after the
107	creation of the initial database, the Department of Revenue
108	shall annually create and maintain a database for the current
109	tax year. Each annual database must be calendar-year specific.
110	(b)1. Each participating local taxing jurisdiction shall
111	furnish to the Department of Revenue all information needed to
112	create the electronic database as soon as practical and
113	feasible. The information furnished to the Department of Revenue
114	must specify an effective date.
115	2. Each participating local taxing jurisdiction shall
116	furnish to the Department of Revenue all information needed to
117	create and update the current year's database, including changes
118	in annexations, incorporations, and reorganizations and any
119	other changes in jurisdictional boundaries, as well as changes
120	in eligibility to participate in the excise tax imposed under
121	this chapter. The information must specify an effective date and
122	must be furnished to the Department of Revenue by July 1 of the
123	current year.
124	3. The Department of Revenue shall create and update the
125	current year's database in accordance with the information
126	furnished by participating local taxing jurisdictions under
127	subparagraph 1. or subparagraph 2., as appropriate. To the
128	extent practicable, the Department of Revenue shall post each
129	new annual database on a web site by September 1 of each year.
130	Each participating local taxing jurisdiction shall have access
131	to this web site and, within 30 days thereafter, shall provide
132	any corrections to the Department of Revenue. The Department of
133	Revenue shall finalize the current year's database and post it
134	on a web site by November 1 of the tax year. If a dispute in
135	jurisdictional boundaries cannot be resolved so that changes in
136	boundaries may be included, as appropriate, in the database by
137	November 1, the changes may not be retroactively included in the
138	current year's database and the boundaries will remain the same
139	as in the previous year's database. The finalized database must
140	be used in assigning policies and premiums to the proper local
141	taxing jurisdiction for the insurance premium tax return due on
142	the following March 1. The Department of Revenue shall furnish
143	the annual database on magnetic or electronic media to any
144	insurance company or vendor that requests the database for the
145	sole purpose of assigning insurance premiums to the proper local
146	taxing jurisdiction for the excise tax imposed under this
147	chapter. Information contained in the electronic database is
148	conclusive for purposes of this chapter. The electronic database
149	is not an order, a rule, or a policy of general applicability.
150	4. Each annual database must identify the additions,
151	deletions, and other changes to the preceding version of the
152	database.
153	(3)(a) As used in this section, the term "due diligence"
154	means the care and attention that is expected from and is
155	ordinarily exercised by a reasonable and prudent person under
156	the circumstances.
157	(b) Notwithstanding any law to the contrary, an insurance
158	company is exercising due diligence if the insurance company
159	complies with the provisions of paragraph (1)(b) or if the
160	insurance company assigns an insured's premium to local taxing
161	jurisdictions in accordance with the Department of Revenue's
162	annual database and:
163	1. Expends reasonable resources to accurately and reliably
164	implement such method;
165	2. Maintains adequate internal controls to correctly
166	include in its database of policyholders the location of the
167	property insured, in the proper address format, so that matching
168	with the department's database is accurate; and
169	3. Corrects errors in the assignment of addresses to local
170	taxing jurisdictions within 120 days after the insurance company
171	discovers the errors.
172	(4) There is annually appropriated from the moneys
173	collected under this chapter and deposited in the Police and
174	Firefighter's Premium Tax Trust Fund an amount sufficient to pay
175	the expenses of the Department of Revenue in administering this
176	section, but not to exceed $50,000 annually, adjusted annually
177	by the lesser of a 5-percent increase or the percentage of
178	growth in the total collections.
179	(5) The Department of Revenue shall adopt rules necessary
180	to administer this section, including rules establishing
181	procedures and forms.
182	(6) Any insurer that is obligated to collect and remit the
183	tax on property insurance imposed under s. 175.101 shall be held
184	harmless from any liability for taxes, interest, or penalties
185	that would otherwise be due solely as a result of an assignment
186	of an insured property to an incorrect local taxing
187	jurisdiction, based on the collection and remission of the tax
188	accruing before January 1, 2004, if the insurer collects and
189	reports this tax consistent with filings for periods before
190	January 1, 2004. Further, any insurer that is obligated to
191	collect and remit the tax on property insurance imposed under
192	this section is not subject to an examination under s. 624.316
193	or s. 624.3161 which would occur solely as a result of an
194	assignment of an insured property to an incorrect local taxing
195	jurisdiction, based on the collection and remission of such tax
196	accruing before January 1, 2004.
197	Section 4. Section 185.085, Florida Statutes, is created
198	to read:
199	185.085 Determination of local premium tax situs.--
200	(1)(a) Any insurance company that is obligated to report
201	and remit the excise tax on casualty insurance premiums imposed
202	under s. 185.08 shall be held harmless from any liability for
203	taxes, interest, or penalties that would otherwise be due solely
204	as a result of an assignment of an insured property to an
205	incorrect local taxing jurisdiction if the insurance company
206	exercises due diligence in applying an electronic database
207	provided by the Department of Revenue under subsection (2).
208	Insurance companies that do not use the electronic database
209	provided by the Department of Revenue or that do not exercise
210	due diligence in applying the electronic database are subject to
211	a 0.5-percent penalty on the portion of the premium pertaining
212	to any insured risk that is improperly assigned, whether
213	assigned to an improper local taxing jurisdiction, not assigned
214	to a local taxing jurisdiction when it should be assigned to a
215	local taxing jurisdiction, or assigned to a local taxing
216	jurisdiction when it should not be assigned to a local taxing
217	jurisdiction.
218	(b) Any insurance company that is obligated to report and
219	remit the excise tax on commercial casualty insurance premiums
220	imposed under s. 185.08 and is unable, after due diligence, to
221	assign an insured property to a specific local taxing
222	jurisdiction for purposes of complying with paragraph(a) shall
223	remit the excise tax on commercial casualty insurance premiums
224	using a methodology of apportionment in a manner consistent with
225	the remittance for the 2002 calendar year.
226	(2)(a) The Department of Revenue shall, subject to
227	legislative appropriation, create as soon as practical and
228	feasible, and thereafter shall maintain, an electronic database
229	that conforms to any format approved by the American National
230	Standards Institute's Accredited Standards Committee X12 and
231	that designates for each street address and address range in the
232	state, including any multiple postal street addresses applicable
233	to one street location, the local taxing jurisdiction in which
234	the street address and address range is located, and the
235	appropriate code for each such participating local taxing
236	jurisdiction, identified by one nationwide standard numeric
237	code. The nationwide standard numeric code must contain the same
238	number of numeric digits, and each digit or combination of
239	digits must refer to the same level of taxing jurisdiction
240	throughout the United States and must be in a format similar to
241	FIPS 55-3 or other appropriate standard approved by the
242	Federation of Tax Administrators and the Multistate Tax
243	Commission. Each address or address range must be provided in
244	standard postal format, including the street number, street
245	number range, street name, and zip code. Each year after the
246	creation of the initial database, the Department of Revenue
247	shall annually create and maintain a database for the current
248	tax year. Each annual database must be calendar-year specific.
249	(b)1. Each participating local taxing jurisdiction shall
250	furnish to the Department of Revenue all information needed to
251	create the electronic database as soon as practical and
252	feasible. The information furnished to the Department of Revenue
253	must specify an effective date.
254	2. Each participating local taxing jurisdiction shall
255	furnish to the Department of Revenue all information needed to
256	create and update the current year's database, including changes
257	in annexations, incorporations, and reorganizations and any
258	other changes in jurisdictional boundaries, as well as changes
259	in eligibility to participate in the excise tax imposed under
260	this chapter. The information must specify an effective date and
261	must be furnished to the Department of Revenue by July 1 of the
262	current year.
263	3. The Department of Revenue shall create and update the
264	current year's database in accordance with the information
265	furnished by participating local taxing jurisdictions under
266	subparagraph 1. or subparagraph 2., as appropriate. To the
267	extent practicable, the Department of Revenue shall post each
268	new annual database on a web site by September 1 of each year.
269	Each participating local taxing jurisdiction shall have access
270	to this web site and, within 30 days thereafter, shall provide
271	any corrections to the Department of Revenue. The Department of
272	Revenue shall finalize the current year's database and post it
273	on a web site by November 1 of the tax year. If a dispute in
274	jurisdictional boundaries cannot be resolved so that changes in
275	boundaries may be included, as appropriate, in the database by
276	November 1, the changes may not be retroactively included in the
277	current year's database and the boundaries will remain the same
278	as in the previous year's database. The finalized database must
279	be used in assigning policies and premiums to the proper local
280	taxing jurisdiction for the insurance premium tax return due on
281	the following March 1. The Department of Revenue shall furnish
282	the annual database on magnetic or electronic media to any
283	insurance company or vendor that requests the database for the
284	sole purpose of assigning insurance premiums to the proper local
285	taxing jurisdiction for the excise tax imposed under this
286	chapter. Information contained in the electronic database is
287	conclusive for purposes of this chapter. The electronic database
288	is not an order, a rule, or a policy of general applicability.
289	4. Each annual database must identify the additions,
290	deletions, and other changes to the preceding version of the
291	database.
292	(3)(a) As used in this section, the term "due diligence"
293	means the care and attention that is expected from and is
294	ordinarily exercised by a reasonable and prudent person under
295	the circumstances.
296	(b) Notwithstanding any law to the contrary, an insurance
297	company is exercising due diligence if the insurance company
298	complies with the provisions of paragraph (1)(b) or if the
299	insurance company assigns an insured's premium to local taxing
300	jurisdictions in accordance with the Department of Revenue's
301	annual database and:
302	1. Expends reasonable resources to accurately and reliably
303	implement such method;
304	2. Maintains adequate internal controls to correctly
305	include in its database of policyholders the location of the
306	property insured, in the proper address format, so that matching
307	with the department's database is accurate; and
308	3. Corrects errors in the assignment of addresses to local
309	taxing jurisdictions within 120 days after the insurance company
310	discovers the errors.
311	(4) There is annually appropriated from the moneys
312	collected under this chapter and deposited in the Police and
313	Firefighter's Premium Tax Trust Fund an amount sufficient to pay
314	the expenses of the Department of Revenue in administering this
315	section, but not to exceed $50,000 annually, adjusted annually
316	by the lesser of a 5-percent increase or the percentage of
317	growth in the total collections.
318	(5) The Department of Revenue shall adopt rules necessary
319	to administer this section, including rules establishing
320	procedures and forms.
321	(6)(a) Notwithstanding any other law, no methodology,
322	formula, or database that is adopted in any year after January
323	1, 2004, may result in a distribution to a participating
324	municipality that has a retirement plan created pursuant to this
325	chapter of an amount of excise tax which is less than the amount
326	distributed to such participating municipality for calendar year
327	2003. However, if the total proceeds to be distributed for the
328	current year from the excise tax imposed under s. 185.08 are
329	less than the total amount distributed for calendar year 2003,
330	each participating municipality shall receive a current year
331	distribution that is proportionate to its share of the total
332	2003 calendar year distribution. If the total proceeds to be
333	distributed for the current year from the excise tax imposed
334	under s. 185.08 are greater than or equal to the total amount
335	distributed for calendar year 2003, each participating
336	municipality shall initially be distributed a minimum amount
337	equal to the amount received for calendar year 2003. The
338	remaining amount to be distributed for the current year, which
339	equals the total to be distributed for the current year, less
340	minimum distribution amount, shall be distributed to those
341	municipalities with a current-year reported amount that is
342	greater than the amount distributed to such municipality for
343	calendar year 2003. Each municipality eligible for distribution
344	of this remaining amount shall receive its proportionate share
345	of the remaining amount based upon the amount reported for that
346	municipality, above the calendar year 2003 distribution for the
347	current year, to the total amount over the calendar year 2003
348	distribution for all municipalities with a current year reported
349	amount that is greater than the calendar year 2003 distribution.
350	(b) If a new municipality elects to participate under this
351	chapter during any year after January 1, 2004, such municipality
352	shall receive the total amount reported for the current year for
353	such municipality. All other participating municipalities shall
354	receive a current year distribution, calculated as provided in
355	this section, which is proportionate to their share of the total
356	2003 calendar year distribution after subtracting the amount
357	paid to the new participating plans.
358	(c) This subsection expires January 1, 2007.
359	(7) Any insurer that is obligated to collect and remit the
360	tax on casualty insurance imposed under s. 185.08 shall be held
361	harmless from any liability for taxes, interest, or penalties
362	that would otherwise be due solely as a result of an assignment
363	of an insured risk to an incorrect local taxing jurisdiction,
364	based on the collection and remission of the tax accruing before
365	January 1, 2004, if the insurer collects and reports this tax
366	consistent with filings for periods before January 1, 2004.
367	Further, any insurer that is obligated to collect and remit the
368	tax on casualty insurance imposed under this section is not
369	subject to an examination under s. 624.316 or s. 624.3161 which
370	would occur solely as a result of an assignment of an insured
371	risk to an incorrect local taxing jurisdiction, based on the
372	collection and remission of such tax accruing before the
373	effective date of this section.
374	Section 5. Subsection (1) of section 175.351, Florida
375	Statutes, is amended to read:
376	175.351 Municipalities and special fire control districts
377	having their own pension plans for firefighters.--For any
378	municipality, special fire control district, local law
379	municipality, local law special fire control district, or local
380	law plan under this chapter, in order for municipalities and
381	special fire control districts with their own pension plans for
382	firefighters, or for firefighters and police officers, where
383	included, to participate in the distribution of the tax fund
384	established pursuant to s. 175.101, local law plans must meet
385	the minimum benefits and minimum standards set forth in this
386	chapter.
387	(1) PREMIUM TAX INCOME.--If a municipality has a pension
388	plan for firefighters, or a pension plan for firefighters and
389	police officers, where included, which in the opinion of the
390	division meets the minimum benefits and minimum standards set
391	forth in this chapter, the board of trustees of the pension
392	plan, as approved by a majority of firefighters of the
393	municipality, may:
394	(a) Place the income from the premium tax in s. 175.101 in
395	such pension plan for the sole and exclusive use of its
396	firefighters, or for firefighters and police officers, where
397	included, where it shall become an integral part of that pension
398	plan and shall be used to pay extra benefits to the firefighters
399	included in that pension plan; or
400	(b) Place the income from the premium tax in s. 175.101 in
401	a separate supplemental plan to pay extra benefits to
402	firefighters, or to firefighters and police officers where
403	included, participating in such separate supplemental plan.
404
405	The premium tax provided by this chapter shall in all cases be
406	used in its entirety to provide extra benefits to firefighters,
407	or to firefighters and police officers, where included.
408	However, local law plans in effect on October 1, 1998, shall be
409	required to comply with the minimum benefit provisions of this
410	chapter only to the extent that additional premium tax revenues
411	become available to incrementally fund the cost of such
412	compliance as provided in s. 175.162(2)(a). When a plan is in
413	compliance with such minimum benefit provisions, as subsequent
414	additional premium tax revenues become available, they shall be
415	used to provide extra benefits. For the purpose of this chapter,
416	"additional premium tax revenues" means revenues received by a
417	municipality or special fire control district pursuant to s.
418	175.121 whichthatexceed that amount received for calendar year
419	1997,and the term "extra benefits" means benefits in addition
420	to or greater than those provided to general employees of the
421	municipality and in addition to those in existence for
422	firefighters on March 12, 1999. Local law plans created by
423	special act before May 23, 1939, shall be deemed to comply with
424	this chapter.
425	Section 6. Subsection (1) of section 185.35, Florida
426	Statutes, is amended to read:
427	185.35 Municipalities having their own pension plans for
428	police officers.--For any municipality, chapter plan, local law
429	municipality, or local law plan under this chapter, in order for
430	municipalities with their own pension plans for police officers,
431	or for police officers and firefighters where included, to
432	participate in the distribution of the tax fund established
433	pursuant to s. 185.08, local law plans must meet the minimum
434	benefits and minimum standards set forth in this chapter:
435	(1) PREMIUM TAX INCOME.--If a municipality has a pension
436	plan for police officers, or for police officers and
437	firefighters where included, which, in the opinion of the
438	division, meets the minimum benefits and minimum standards set
439	forth in this chapter, the board of trustees of the pension
440	plan, as approved by a majority of police officers of the
441	municipality, may:
442	(a) Place the income from the premium tax in s. 185.08 in
443	such pension plan for the sole and exclusive use of its police
444	officers, or its police officers and firefighters where
445	included, where it shall become an integral part of that pension
446	plan and shall be used to pay extra benefits to the police
447	officers included in that pension plan; or
448	(b) May place the income from the premium tax in s. 185.08
449	in a separate supplemental plan to pay extra benefits to the
450	police officers, or police officers and firefighters where
451	included, participating in such separate supplemental plan.
452
453	The premium tax provided by this chapter shall in all cases be
454	used in its entirety to provide extra benefits to police
455	officers, or to police officers and firefighters, where
456	included. However, local law plans in effect on October 1,
457	1998, shall be required to comply with the minimum benefit
458	provisions of this chapter only to the extent that additional
459	premium tax revenues become available to incrementally fund the
460	cost of such compliance as provided in s. 185.16(2). When a plan
461	is in compliance with such minimum benefit provisions, as
462	subsequent additional tax revenues become available, they shall
463	be used to provide extra benefits. For the purpose of this
464	chapter, "additional premium tax revenues" means revenues
465	received by a municipality pursuant to s. 185.10 whichthat
466	exceed the amount received for calendar year 1997,and the term
467	"extra benefits" means benefits in addition to or greater than
468	those provided to general employees of the municipality and in
469	addition to those in existence for police officers on March 12,
470	1999. Local law plans created by special act before May 23,
471	1939, shall be deemed to comply with this chapter.
472	Section 7. Subsection (7) is added to section 175.061,
473	Florida Statutes, to read:
474	175.061 Board of trustees; members; terms of office;
475	meetings; legal entity; costs; attorney's fees.--For any
476	municipality, special fire control district, chapter plan, local
477	law municipality, local law special fire control district, or
478	local law plan under this chapter:
479	(7) The board of trustees may, upon written request by the
480	retiree of the plan, or by a dependent, when authorized by the
481	retiree or the retiree's beneficiary, authorize the plan
482	administrator to withhold from the monthly retirement payment
483	those funds that are necessary to pay for the benefits being
484	received through the governmental entity from which the employee
485	retired, to pay the certified bargaining agent of the
486	governmental entity, and to make any payments required by law.
487	Section 8. Present subsection (6) of section 185.05,
488	Florida Statutes, is redesignated as subsection (7), and a new
489	subsection (6) is added to said section, to read:
490	185.05 Board of trustees; members; terms of office;
491	meetings; legal entity; costs; attorney's fees.--For any
492	municipality, chapter plan, local law municipality, or local law
493	plan under this chapter:
494	(6) The board of trustees may, upon written request by the
495	retiree of the plan, or by a dependent, when authorized by the
496	retiree or the retiree's beneficiary, authorize the plan
497	administrator to withhold from the monthly retirement payment
498	those funds that are necessary to pay for the benefits being
499	received through the governmental entity from which the employee
500	retired, to pay the certified bargaining agent of the
501	governmental entity, and to make any payments required by law.
502	Section 9. The sum of $300,000 is appropriated from the
503	General Revenue Fund to the Department of Revenue for the one-
504	time expense of creating the original database called for by
505	sections 1 and 2 of this act, and to support the implementation
506	process for use of the database. It is the intent of the
507	Legislature in providing this appropriation that the database
508	for sections 1 and 2 of this act be available for use in
509	determining the allocation of premiums to the various
510	municipalities and special fire control districts for the 2004
511	insurance premium tax return that is due by March 1, 2005.
512	Section 10. If any law amended by this act was also
513	amended by a law enacted at the 2003 Regular Session of the
514	Legislature, such laws shall be construed as if they had been
515	enacted at the same session of the Legislature, and full effect
516	shall be given to each if possible.
517	Section 11. This act shall take effect July 1, 2003.