Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1758
       
       
       
       
       
                                Barcode 586362                          
       
       601-03270B-09                                                   
       Proposed Committee Substitute by the Committee on General
       Government Appropriations
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 624.523,
    3         F.S.; revising the list of items from which payments
    4         received are deposited into the Insurance Regulatory
    5         Trust Fund; amending ss. 626.932 and 626.938, F.S.;
    6         deleting provisions relating to the distribution of
    7         certain collected taxes and interest; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) of section 624.523, Florida
   13  Statutes, is amended to read:
   14         624.523 Insurance Regulatory Trust Fund.—
   15         (1) There is created in the State Treasury a trust fund
   16  designated “Insurance Regulatory Trust Fund” to which shall be
   17  credited all payments received on account of the following
   18  items:
   19         (a) All fines, monetary penalties, and costs imposed upon
   20  persons by the department or the office as authorized by law for
   21  violation of the laws of this state.
   22         (b) Any sums received for copies of the stenographic record
   23  of hearings, as authorized by law.
   24         (c) All sums received under s. 624.404(5).
   25         (d) All sums received under s. 624.5091, as provided in
   26  subsection (5) thereof.
   27         (e) All payments received on account of items provided for
   28  under respective provisions of s. 624.501, as follows:
   29         1. Subsection (1) (certificate of authority of insurer).
   30         2. Subsection (2) (charter documents of insurer).
   31         3. Subsection (3) (annual license tax of insurer).
   32         4. Subsection (4) (annual statement of insurer).
   33         5. Subsection (5) (application fee for insurance
   34  representatives).
   35         6. The “appointment fee” portion of any appointment
   36  provided for under paragraphs (6)(a) and (b) (insurance
   37  representatives, property, marine, casualty and surety
   38  insurance, and agents).
   39         7. Paragraph (6)(c) (nonresident agents).
   40         8. Paragraph (6)(d) (service representatives).
   41         9. The “appointment fee” portion of any appointment
   42  provided for under paragraph (7)(a) (life insurance agents,
   43  original appointment, and renewal or continuation of
   44  appointment).
   45         10. Paragraph (7)(b) (nonresident agent license).
   46         11. The “appointment fee” portion of any appointment
   47  provided for under paragraph (8)(a) (health insurance agents,
   48  agent’s appointment, and renewal or continuation fee).
   49         12. Paragraph (8)(b) (nonresident agent appointment).
   50         13. The “appointment fee” portion of any appointment
   51  provided for under subsections (9) and (10) (limited licenses
   52  and fraternal benefit society agents).
   53         14. Subsection (11) (vending machines).
   54         15. Subsection (12) (surplus lines agent).
   55         16. Subsection (13) (adjusters’ appointment).
   56         17. Subsection (14) (examination fee).
   57         18. Subsection (15) (temporary license and appointment as
   58  agent or adjuster).
   59         19. Subsection (16) (reissuance, reinstatement, etc.).
   60         20. Subsection (17) (additional license continuation fees).
   61         21. Subsection (18) (filing application for permit to form
   62  insurer).
   63         22. Subsection (19) (license fee of rating organization).
   64         23. Subsection (20) (miscellaneous services).
   65         24. Subsection (21) (insurance agencies).
   66         (f) All payments received on account of actuarial and other
   67  services in the valuation or computation of the reserves of life
   68  insurers pursuant to s. 625.121(2).
   69         (g) All sums received under ss. 626.711 and 626.743.
   70         (h)Sums received under s. 626.932, as provided in
   71  subsection (5) thereof.
   72         (i)Sums received under s. 626.938, as provided in
   73  subsection (7) thereof.
   74         (h)(j) All sums received under s. 627.828.
   75         (i)(k) All sums received from motor vehicle service
   76  agreement companies under s. 634.221.
   77         (j)(l) All sums received under s. 648.27 (bail bond agent,
   78  limited surety agent, continuation fee), the “appointment fee”
   79  portion of any license or permit provided for under s. 648.31,
   80  and the application fees provided for under s. 648.34(3).
   81         (k)(m) All sums received under s. 651.015.
   82         (l)(n) All sums received by the Chief Financial Officer or
   83  the director of the office as fees for her or his services as
   84  service-of-process agent.
   85         (m)(o) All state tax portions of agents’ licenses collected
   86  under s. 624.501.
   87         Section 2. Subsection (5) of section 626.932, Florida
   88  Statutes, is amended to read:
   89         626.932 Surplus lines tax.—
   90         (5) The department shall deposit 15.74 percent of all taxes
   91  collected under this section to the credit of the Insurance
   92  Regulatory Trust Fund. Eighty-four and twenty-six hundredths
   93  percent of all Taxes collected under this section shall be
   94  deposited into the General Revenue Fund.
   95         Section 3. Subsection (7) of section 626.938, Florida
   96  Statutes, is amended to read:
   97         626.938 Report and tax of independently procured
   98  coverages.—
   99         (7) The department shall deposit 15.74 percent of all taxes
  100  and interest collected under this section to the credit of the
  101  Insurance Regulatory Trust Fund. Eighty-four and twenty-six
  102  hundredths percent of all Taxes and interest collected under
  103  this section shall be deposited into the General Revenue Fund.
  104         Section 4. This act shall take effect July 1, 2009.