Senate Bill sb1714

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1714

    By Senator Wise





    5-1243-06                                               See HB

  1                      A bill to be entitled

  2         An act relating to the insurance premium tax;

  3         amending s. 624.509, F.S.; providing for

  4         separate taxation of certain title insurance

  5         gross receipts; providing limitations; amending

  6         s. 627.7711, F.S.; revising the definition of

  7         the term "premium"; providing an effective

  8         date.

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

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12         Section 1.  Subsection (1) of section 624.509, Florida

13  Statutes, is amended to read:

14         624.509  Premium tax; rate and computation.--

15         (1)  In addition to the license taxes provided for in

16  this chapter, each insurer shall also annually, and on or

17  before March 1 in each year, except as to wet marine and

18  transportation insurance taxed under s. 624.510, pay to the

19  Department of Revenue a tax on insurance premiums, premiums

20  for title insurance, or assessments, including membership fees

21  and policy fees and gross deposits received from subscribers

22  to reciprocal or interinsurance agreements, and on annuity

23  premiums or considerations, received during the preceding

24  calendar year, the amounts thereof to be determined as set

25  forth in this section, to wit:

26         (a)  An amount equal to 1.75 percent of the gross

27  amount of such receipts on account of life and health

28  insurance policies covering persons resident in this state and

29  on account of all other types of policies and contracts,

30  (except annuity policies or contracts taxable under paragraph

31  (b) and title insurance policies or contracts written through

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






    Florida Senate - 2006                                  SB 1714
    5-1243-06                                               See HB




 1  affiliated and nonaffiliated agencies taxable under paragraph

 2  (c),) covering property, subjects, or risks located, resident,

 3  or to be performed in this state, omitting premiums on

 4  reinsurance accepted, and less return premiums or assessments,

 5  but without deductions:

 6         1.  For reinsurance ceded to other insurers;

 7         2.  For moneys paid upon surrender of policies or

 8  certificates for cash surrender value;

 9         3.  For discounts or refunds for direct or prompt

10  payment of premiums or assessments; and

11         4.  On account of dividends of any nature or amount

12  paid and credited or allowed to holders of insurance policies;

13  certificates; or surety, indemnity, reciprocal, or

14  interinsurance contracts or agreements.; and

15         (b)  An amount equal to 1 percent of the gross receipts

16  on annuity policies or contracts paid by holders thereof in

17  this state.

18         (c)  An amount equal to 1.75 percent of the gross

19  receipts on title insurance written through affiliated and

20  nonaffiliated agencies, less the portion of the gross receipts

21  retained by or paid under contract to the affiliated and

22  nonaffiliated title insurance agents. The reduction in the

23  insurer's total amount of title insurance premium gross

24  receipts received through affiliated and nonaffiliated

25  agencies may not exceed the following percentages of the total

26  title insurance premium gross receipts received by the insurer

27  through affiliated and nonaffiliated agencies:

28         1.  For 2007, 20 percent.

29         2.  For 2008, 45 percent.

30         3.  For 2009 and subsequent years, 70 percent.

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






    Florida Senate - 2006                                  SB 1714
    5-1243-06                                               See HB




 1         Section 2.  Subsection (2) of section 627.7711, Florida

 2  Statutes, is amended to read:

 3         627.7711  Definitions.--As used in this part, the term:

 4         (2)  "Premium" means the charge, as specified by rule

 5  of the commission, that is made by a title insurer for a title

 6  insurance policy, including the charge for performance of

 7  primary title services by a title insurer or title insurance

 8  agent or agency, and incurring the risks incident to such

 9  policy, under the several classifications of title insurance

10  contracts and forms, and upon which charge a premium tax is

11  paid under s. 624.509. As used in this part or in any other

12  law, with respect to title insurance, the word "premium" does

13  not include a commission.

14         Section 3.  This act shall take effect January 1, 2007.

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