1

A bill to be entitled

2

An act relating to state excise tax on casualty insurance

3

premiums; amending s. 185.03, F.S.; providing that a

4

municipality that has entered into an interlocal agreement

5

to provide police protection services to another

6

incorporated municipality, in its entirety, is eligible to

7

receive the premium taxes reported for the other

8

municipality under certain circumstances; authorizing the

9

municipality receiving the police protection services to

10

enact an ordinance levying a tax as provided by law;

11

amending s. 185.08, F.S.; authorizing certain

12

municipalities to assess and impose the tax to receive

13

certain police protection services; providing for

14

distribution of premium tax proceeds; providing an

15

effective date.

16

17

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

18

19

     Section 1.  Subsection (2) of section 185.03, Florida

20

Statutes, is amended to read:

21

     185.03  Municipal police officers' retirement trust funds;

22

creation; applicability of provisions; participation by public

23

safety officers.--For any municipality, chapter plan, local law

24

municipality, or local law plan under this chapter:

25

     (2)(a) The provisions of This chapter applies shall apply

26

only to municipalities organized and established under pursuant

27

to the laws of the state, and does said provisions shall not

28

apply to the unincorporated areas of any county or counties or

29

nor shall the provisions hereof apply to any governmental entity

30

whose police officers are eligible to participate in the Florida

31

Retirement System.

32

     (b) A municipality that has entered into an interlocal

33

agreement to provide police protection services to any other

34

incorporated municipality, in its entirety, for a period of 12

35

months or more may be eligible to receive the premium taxes

36

reported for such other municipality. To be eligible for the

37

premium taxes, the municipality providing the police protection

38

services must notify the division that it has entered into an

39

interlocal agreement with another municipality. The municipality

40

receiving the police protection services may enact an ordinance

41

levying the tax as provided in s. 185.08. Upon being provided

42

copies of the interlocal agreement and the municipal ordinance

43

levying the tax, the division may distribute any premium taxes

44

reported for the municipality receiving the police protection

45

services to the participating municipality providing the police

46

protection services as long as the interlocal agreement is in

47

effect.

48

     Section 2.  Section 185.08, Florida Statutes, is amended to

49

read:

50

     185.08  State excise tax on casualty insurance premiums

51

authorized; procedure.--For any municipality, chapter plan, local

52

law municipality, or local law plan under this chapter:

53

     (1)  Each incorporated municipality in this state described

54

and classified in s. 185.03, as well as each other city or town

55

of this state which on July 31, 1953, had a lawfully established

56

municipal police officers' retirement trust fund or city fund, by

57

whatever name known, providing pension or relief benefits to

58

police officers as provided under this chapter, may assess and

59

impose on every insurance company, corporation, or other insurer

60

now engaged in or carrying on, or who shall hereafter engage in

61

or carry on, the business of casualty insurance as shown by

62

records of the Office of Insurance Regulation of the Financial

63

Services Commission, an excise tax in addition to any lawful

64

license or excise tax now levied by each of the said

65

municipalities, respectively, amounting to .85 percent of the

66

gross amount of receipts of premiums from policyholders on all

67

premiums collected on casualty insurance policies covering

68

property within the corporate limits of such municipalities,

69

respectively.

70

     (2)  In the case of multiple peril policies with a single

71

premium for both property and casualty coverages in such

72

policies, 30 percent of such premium shall be used as the basis

73

for the .85-percent tax above.

74

     (3)  The excise tax shall be payable annually March 1 of

75

each year after the passing of an ordinance assessing and

76

imposing the tax herein authorized.  Installments of taxes shall

77

be paid according to the provisions of s. 624.5092(2)(a), (b),

78

and (c).

79

80

This section also applies to any municipality that has entered

81

into an interlocal agreement to receive police protection

82

services from another municipality under s. 185.03. The excise

83

tax may be levied on all premiums collected on casualty insurance

84

policies covering property located within the corporate limits of

85

the municipality receiving the police protection services, but is

86

available for distribution to the municipality providing the

87

police protection services.

88

     Section 3.  This act shall take effect upon becoming a law.