Florida Senate - 2009                             CS for SB 1758
       
       
       
       By the Committee on General Government Appropriations; and
       Senator Baker
       
       
       
       601-04008-09                                          20091758c1
    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 for
    8         the reversion as of a specified date of the statutory
    9         text of certain provisions relating to the
   10         distribution of collected taxes and interest;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (1) of section 624.523, Florida
   16  Statutes, is amended to read:
   17         624.523 Insurance Regulatory Trust Fund.—
   18         (1) There is created in the State Treasury a trust fund
   19  designated “Insurance Regulatory Trust Fund” to which shall be
   20  credited all payments received on account of the following
   21  items:
   22         (a) All fines, monetary penalties, and costs imposed upon
   23  persons by the department or the office as authorized by law for
   24  violation of the laws of this state.
   25         (b) Any sums received for copies of the stenographic record
   26  of hearings, as authorized by law.
   27         (c) All sums received under s. 624.404(5).
   28         (d) All sums received under s. 624.5091, as provided in
   29  subsection (5) thereof.
   30         (e) All payments received on account of items provided for
   31  under respective provisions of s. 624.501, as follows:
   32         1. Subsection (1) (certificate of authority of insurer).
   33         2. Subsection (2) (charter documents of insurer).
   34         3. Subsection (3) (annual license tax of insurer).
   35         4. Subsection (4) (annual statement of insurer).
   36         5. Subsection (5) (application fee for insurance
   37  representatives).
   38         6. The “appointment fee” portion of any appointment
   39  provided for under paragraphs (6)(a) and (b) (insurance
   40  representatives, property, marine, casualty and surety
   41  insurance, and agents).
   42         7. Paragraph (6)(c) (nonresident agents).
   43         8. Paragraph (6)(d) (service representatives).
   44         9. The “appointment fee” portion of any appointment
   45  provided for under paragraph (7)(a) (life insurance agents,
   46  original appointment, and renewal or continuation of
   47  appointment).
   48         10. Paragraph (7)(b) (nonresident agent license).
   49         11. The “appointment fee” portion of any appointment
   50  provided for under paragraph (8)(a) (health insurance agents,
   51  agent’s appointment, and renewal or continuation fee).
   52         12. Paragraph (8)(b) (nonresident agent appointment).
   53         13. The “appointment fee” portion of any appointment
   54  provided for under subsections (9) and (10) (limited licenses
   55  and fraternal benefit society agents).
   56         14. Subsection (11) (vending machines).
   57         15. Subsection (12) (surplus lines agent).
   58         16. Subsection (13) (adjusters’ appointment).
   59         17. Subsection (14) (examination fee).
   60         18. Subsection (15) (temporary license and appointment as
   61  agent or adjuster).
   62         19. Subsection (16) (reissuance, reinstatement, etc.).
   63         20. Subsection (17) (additional license continuation fees).
   64         21. Subsection (18) (filing application for permit to form
   65  insurer).
   66         22. Subsection (19) (license fee of rating organization).
   67         23. Subsection (20) (miscellaneous services).
   68         24. Subsection (21) (insurance agencies).
   69         (f) All payments received on account of actuarial and other
   70  services in the valuation or computation of the reserves of life
   71  insurers pursuant to s. 625.121(2).
   72         (g) All sums received under ss. 626.711 and 626.743.
   73         (h)Sums received under s. 626.932, as provided in
   74  subsection (5) thereof.
   75         (i)Sums received under s. 626.938, as provided in
   76  subsection (7) thereof.
   77         (h)(j) All sums received under s. 627.828.
   78         (i)(k) All sums received from motor vehicle service
   79  agreement companies under s. 634.221.
   80         (j)(l) All sums received under s. 648.27 (bail bond agent,
   81  limited surety agent, continuation fee), the “appointment fee”
   82  portion of any license or permit provided for under s. 648.31,
   83  and the application fees provided for under s. 648.34(3).
   84         (k)(m) All sums received under s. 651.015.
   85         (l)(n) All sums received by the Chief Financial Officer or
   86  the director of the office as fees for her or his services as
   87  service-of-process agent.
   88         (m)(o) All state tax portions of agents’ licenses collected
   89  under s. 624.501.
   90         Section 2. Subsection (5) of section 626.932, Florida
   91  Statutes, is amended to read:
   92         626.932 Surplus lines tax.—
   93         (5) The department shall deposit 15.74 percent of all taxes
   94  collected under this section to the credit of the Insurance
   95  Regulatory Trust Fund. Eighty-four and twenty-six hundredths
   96  percent of all Taxes collected under this section shall be
   97  deposited into the General Revenue Fund.
   98         Section 3. Subsection (7) of section 626.938, Florida
   99  Statutes, is amended to read:
  100         626.938 Report and tax of independently procured
  101  coverages.—
  102         (7) The department shall deposit 15.74 percent of all taxes
  103  and interest collected under this section to the credit of the
  104  Insurance Regulatory Trust Fund. Eighty-four and twenty-six
  105  hundredths percent of all Taxes and interest collected under
  106  this section shall be deposited into the General Revenue Fund.
  107         Section 4. The amendments of s. 626.932(5) and s.
  108  626.938(7), Florida Statutes, made by this act shall expire July
  109  1, 2014, and the text of those subsections shall revert to that
  110  in existence on June 30, 2009, except that any amendments to
  111  such text enacted other than by this act shall be preserved and
  112  continue to operate to the extent that such amendments are not
  113  dependent upon the portions of such text which expire pursuant
  114  to this section.
  115         Section 5. This act shall take effect July 1, 2009.