Senate Bill sb2684c1
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Florida Senate - 2007 CS for SB 2684
By the Committee on Community Affairs; and Senator Aronberg
578-2285-07
1 A bill to be entitled
2 An act relating to state excise tax on casualty
3 insurance premiums; amending s. 185.03, F.S.;
4 providing that a municipality that has entered
5 into an interlocal agreement to provide police
6 protection services to another incorporated
7 municipality, in its entirety, may be eligible
8 to receive the premium taxes reported for the
9 other municipality under certain circumstances;
10 authorizing the municipality receiving the
11 police protection services to enact an
12 ordinance levying a tax as provided by law;
13 amending s. 185.08, F.S.; authorizing certain
14 municipalities to assess and impose the tax to
15 receive certain police protection services;
16 providing for distribution of premium tax
17 proceeds; providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Subsection (2) of section 185.03, Florida
22 Statutes, is amended to read:
23 185.03 Municipal police officers' retirement trust
24 funds; creation; applicability of provisions; participation by
25 public safety officers.--For any municipality, chapter plan,
26 local law municipality, or local law plan under this chapter:
27 (2)(a) The provisions of This chapter applies shall
28 apply only to municipalities organized and established under
29 pursuant to the laws of the state, and does said provisions
30 shall not apply to the unincorporated areas of any county or
31 counties or nor shall the provisions hereof apply to any
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2684
578-2285-07
1 governmental entity whose police officers are eligible to
2 participate in the Florida Retirement System.
3 (b) A municipality that has entered into an interlocal
4 agreement to provide police protection services to any other
5 incorporated municipality, in its entirety, for a period of 12
6 months or more may be eligible to receive the premium taxes
7 reported for such other municipality. To be eligible for the
8 premium taxes, the municipality providing the police
9 protection services must notify the division that it has
10 entered into an interlocal agreement with another
11 municipality. The municipality receiving the police protection
12 services may enact an ordinance levying the tax as provided in
13 s. 185.08. Upon being provided copies of the interlocal
14 agreement and the municipal ordinance levying the tax, the
15 division may distribute any premium taxes reported for the
16 municipality receiving the police protection services to the
17 participating municipality providing the police protection
18 services as long as the interlocal agreement is in effect.
19 Section 2. Section 185.08, Florida Statutes, is
20 amended to read:
21 185.08 State excise tax on casualty insurance premiums
22 authorized; procedure.--For any municipality, chapter plan,
23 local law municipality, or local law plan under this chapter:
24 (1) Each incorporated municipality in this state
25 described and classified in s. 185.03, as well as each other
26 city or town of this state which on July 31, 1953, had a
27 lawfully established municipal police officers' retirement
28 trust fund or city fund, by whatever name known, providing
29 pension or relief benefits to police officers as provided
30 under this chapter, may assess and impose on every insurance
31 company, corporation, or other insurer now engaged in or
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2684
578-2285-07
1 carrying on, or who shall hereafter engage in or carry on, the
2 business of casualty insurance as shown by records of the
3 Office of Insurance Regulation of the Financial Services
4 Commission, an excise tax in addition to any lawful license or
5 excise tax now levied by each of the said municipalities,
6 respectively, amounting to .85 percent of the gross amount of
7 receipts of premiums from policyholders on all premiums
8 collected on casualty insurance policies covering property
9 within the corporate limits of such municipalities,
10 respectively.
11 (2) In the case of multiple peril policies with a
12 single premium for both property and casualty coverages in
13 such policies, 30 percent of such premium shall be used as the
14 basis for the .85-percent tax above.
15 (3) The excise tax shall be payable annually March 1
16 of each year after the passing of an ordinance assessing and
17 imposing the tax herein authorized. Installments of taxes
18 shall be paid according to the provisions of s.
19 624.5092(2)(a), (b), and (c).
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21 This section also applies to any municipality that has entered
22 into an interlocal agreement to receive police protection
23 services from another municipality under s. 185.03. The excise
24 tax may be levied on all premiums collected on casualty
25 insurance policies covering property located within the
26 corporate limits of the municipality receiving the police
27 protection services, but is available for distribution to the
28 municipality providing the police protection services.
29 Section 3. This act shall take effect upon becoming a
30 law.
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Florida Senate - 2007 CS for SB 2684
578-2285-07
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2684
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4 The committee substitute clarifies the authorization for the
Division of Retirement in the Department of Management
5 Services to distribute state premium taxes reported for a
municipality that is receiving police protection services
6 through an interlocal agreement to the municipality providing
those services.
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