ENROLLED
       2011 Legislature                    CS for CS for CS for SB 1816
       
       
       
       
       
       
                                                             20111816er
    1  
    2         An act relating to surplus lines insurance; amending
    3         s. 626.931, F.S.; requiring a surplus lines agent to
    4         file quarterly on or before a specified time an
    5         affidavit stating that all surplus lines insurance
    6         transacted during the preceding quarter has been
    7         submitted to the Florida Surplus Lines Service Office;
    8         amending s. 626.932, F.S.; requiring the premium tax
    9         due on a surplus lines policy to be computed on the
   10         gross premium under certain circumstances; providing a
   11         limit on the tax; amending s. 626.9325, F.S.; revising
   12         payment dates for the service fee; requiring the
   13         service fee on a surplus lines policy to be computed
   14         on the gross premium under certain circumstances;
   15         creating s. 626.9362, F.S.; authorizing the Department
   16         of Financial Services and the Office of Insurance
   17         Regulation to enter into a specified type of agreement
   18         with other states pursuant to federal law for the
   19         collection and allocation of certain nonadmitted
   20         insurance taxes; providing terms that may be included
   21         in the agreement; requiring the Florida Surplus Lines
   22         Service Office to implement an agreement entered into
   23         by the department and the Office of Insurance
   24         Regulation; providing for application; providing for
   25         legislative review of any cooperative reciprocal
   26         agreement entered into by the Chief Financial Officer
   27         and the office with another state or group of states;
   28         authorizing the Legislature to instruct the Chief
   29         Financial Officer and the office to withdraw from the
   30         cooperative reciprocal agreement if it determines that
   31         the agreement is not in the best interest of the
   32         state; providing for notice; requiring that the
   33         department submit a report to the Legislature;
   34         amending s. 626.938, F.S.; requiring certain insureds
   35         or self insurers engaging in specified insurance
   36         transactions with a foreign or alien insurer to
   37         compute the premium tax and service fees based on the
   38         gross premium under certain circumstances; providing a
   39         limit on the tax; requiring such insureds or self
   40         insurers to pay the applicable premium tax to the
   41         department and the service fee to the Florida Surplus
   42         Lines Service Office on or before a specified time;
   43         providing an effective date.
   44  
   45         WHEREAS, the 111th Congress passed the Nonadmitted and
   46  Reinsurance Reform Act of 2010 (NRRA), and
   47         WHEREAS, the NRRA provides that no state other than the
   48  home state of an insured may require any premium tax payment for
   49  nonadmitted insurance and defines “home state” as the state in
   50  which an insured maintains its principal place of business [15
   51  U.S.C. s. 8206], and
   52         WHEREAS, as a result of the NRRA, premium tax payments that
   53  would otherwise be paid to Florida will be paid to other states,
   54  and
   55         WHEREAS, the NRRA allows states to enter into a compact or
   56  otherwise establish procedures to allocate among the states the
   57  premium taxes paid to an insured’s home state, and
   58         WHEREAS, the National Association of Insurance
   59  Commissioners has adopted an agreement for states to use for
   60  that purpose, and
   61         WHEREAS, state agreements must be entered into before the
   62  expiration of a 330-day period that began on July 21, 2010, to
   63  prevent the payment of taxes to such other states pursuant to
   64  the NRRA [15 U.S.C. s. 8201], NOW, THEREFORE,
   65  
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Subsection (1) of section 626.931, Florida
   69  Statutes, is amended to read:
   70         626.931 Agent affidavit and insurer reporting
   71  requirements.—
   72         (1) Each surplus lines agent shall on or before the 45th
   73  day the end of the month next following each calendar quarter
   74  file with the Florida Surplus Lines Service Office an affidavit,
   75  on forms as prescribed and furnished by the Florida Surplus
   76  Lines Service Office, stating that all surplus lines insurance
   77  transacted by him or her during such calendar quarter has been
   78  submitted to the Florida Surplus Lines Service Office as
   79  required.
   80         Section 2. Subsection (3) of section 626.932, Florida
   81  Statutes, is amended to read:
   82         626.932 Surplus lines tax.—
   83         (3) If a surplus lines policy covers risks or exposures
   84  only partially in this state and the state is the home state as
   85  defined in the federal Nonadmitted and Reinsurance Reform Act of
   86  2010 (NRRA), the tax payable shall be computed on the gross
   87  portion of the premium which is properly allocable to the risks
   88  or exposures located in this state. The tax must not exceed the
   89  tax rate where the risk or exposure is located.
   90         Section 3. Subsections (2) and (3) of section 626.9325,
   91  Florida Statutes, are amended to read:
   92         626.9325 Service fee.—
   93         (2)(a) The surplus lines agent shall pay on or before the
   94  45th day following each calendar quarter monthly to the Florida
   95  Surplus Lines Service Office the fees related to all policies
   96  reported during the previous calendar quarter month in
   97  accordance with the plan of operation of the Florida Surplus
   98  Lines Service Office.
   99         (b) The agent shall pay interest on the amount of any
  100  delinquent fees due, at the rate of 9 percent per year,
  101  compounded annually, beginning the day the amount becomes
  102  delinquent.
  103         (3) If a surplus lines policy covers risks or exposures
  104  only partially in this state and the state is the home state as
  105  defined in the federal Nonadmitted and Reinsurance Reform Act of
  106  2010 (NRRA), the fee payable shall be computed on the gross
  107  portion of the premium which is properly allocable to the risks
  108  or exposures located in this state.
  109         Section 4. Section 626.9362, Florida Statutes, is created
  110  to read:
  111         626.9362 Cooperative reciprocal agreement authorized for
  112  collection and allocation of certain nonadmitted insurance
  113  taxes.—
  114         (1) The Department of Financial Services and the Office of
  115  Insurance Regulation may enter into a cooperative reciprocal
  116  agreement with another state or group of states for the purpose
  117  of, but not limited to, the collection and allocation of
  118  nonadmitted insurance taxes for multistate risks pursuant to the
  119  federal Nonadmitted and Reinsurance Reform Act of 2010 (NRRA)
  120  which was incorporated into the Dodd–Frank Wall Street Reform
  121  and Consumer Protection Act, Pub. L. No. 111-203, July 21, 2010.
  122         (2) The terms of the agreement may include, but are not
  123  limited to, the following:
  124         (a) Creating a clearinghouse for the purpose of
  125  facilitating the receipt and disbursement of nonadmitted
  126  insurance taxes.
  127         (b) Specifying requirements and time periods for reporting.
  128         (c) Determining methods for the collection and forwarding
  129  of nonadmitted insurance taxes to another state.
  130         (d) Specifying a premium tax allocation formula for multi
  131  state risk nonadmitted insurance.
  132         (e) Providing for audits and the exchange of information.
  133         (f) Facilitating the administration of the cooperative
  134  reciprocal agreement in a reasonable manner.
  135         (g) Providing for the collection of a service fee to fund
  136  the operations and activities of the clearinghouse which shall
  137  not exceed 0.3 percent of the gross premium on transactions
  138  processed by the clearinghouse.
  139         (3) The Florida Surplus Lines Service Office must implement
  140  any cooperative reciprocal agreement entered into by the
  141  Department Of Financial Services and the Office of Insurance
  142  Regulation under this section and has the authority to collect
  143  the total tax imposed on a multistate risk nonadmitted insurance
  144  premium.
  145         (4) The department and the Office of Insurance Regulation
  146  may adopt rules for the administration and enforcement of a
  147  cooperative reciprocal agreement entered into with another state
  148  or group of states under this section.
  149         (5) Notwithstanding any other provision of law to the
  150  contrary, this section and any cooperative reciprocal agreement
  151  entered into with another state or group of states under this
  152  section control the collection and allocation of nonadmitted
  153  insurance taxes for multistate risks.
  154         (6) The Legislature may, at its discretion, review any
  155  cooperative reciprocal agreement entered into by the Chief
  156  Financial Officer and the office with another state or group of
  157  states. If the Legislature determines that the cooperative
  158  reciprocal agreement is not in the best interest of the state,
  159  the Legislature shall instruct the Chief Financial Officer and
  160  the office to withdraw from the cooperative reciprocal
  161  agreement, pursuant to any notice provisions required by any
  162  such agreement.
  163         (7) Following the negotiation and execution of any
  164  cooperative reciprocal agreement entered into by the Department
  165  of Financial Services and the Office of Insurance Regulation
  166  with another state or group of states, the department shall
  167  prepare and submit a report to the President of the Senate and
  168  the Speaker of the House of Representatives by January 1, 2012.
  169  In addition to describing in detail the terms of any agreement
  170  entered into with another state or group of states pursuant to
  171  this section, the report must include, but need not be limited
  172  to:
  173         (a) The actual and projected collections and allocation of
  174  nonadmitted insurance premium taxes for multistate risk of each
  175  state participating in the agreement;
  176         (b) A detailed description of the administrative structure
  177  supporting any agreement, including any clearinghouse created by
  178  an agreement and the fees charged to support administration of
  179  the agreement;
  180         (c) The insurance tax rates of any state participating in
  181  the agreement; and
  182         (d)The status of any other cooperative reciprocal
  183  agreements established throughout the country, including a
  184  state-by-state listing of passed or pending legislation
  185  responding to changes made by the federal Nonadmitted and
  186  Reinsurance Reform Act of 2010.
  187         Section 5. Subsection (3) of section 626.938, Florida
  188  Statutes, is amended to read:
  189         626.938 Report and tax of independently procured
  190  coverages.—
  191         (3) For the general support of the government of this
  192  state, there is levied upon the obligation, chose in action, or
  193  right represented by the premium charged for such insurance a
  194  tax at the rate of 5 percent of the gross amount of such premium
  195  and a 0.3 percent service fee pursuant to s. 626.9325. If the
  196  policy covers risks or exposures only partially in this state
  197  and this state is the home state as defined by the federal
  198  Nonadmitted and Reinsurance Reform Act of 2010 (NRRA), the tax
  199  and service fee payable shall be computed on the gross premium.
  200  The tax must not exceed the tax rate where the risk or exposure
  201  is located. The insured shall withhold the amount of the tax and
  202  service fee from the amount of premium charged by and otherwise
  203  payable to the insurer for such insurance. On or before the 45th
  204  day following each calendar quarter Within 30 days after the
  205  insurance is procured, continued, or renewed, and simultaneously
  206  with the filing of the report provided for in subsection (1)
  207  with the Florida Surplus Lines Service Office, the insured shall
  208  make payable to the department the amount of the tax and make
  209  payable to the Florida Surplus Lines Service Office the amount
  210  of the service fee. The insured shall remit the tax and the
  211  service fee to the Florida Surplus Lines Service Office. The
  212  Florida Surplus Lines Service Office shall forward to the
  213  department the taxes, and any interest collected pursuant to
  214  subsection (5), within 10 days after receipt.
  215         Section 6. This act shall take effect upon becoming a law.