Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1046
       
       
       
       
       
       
                                Barcode 863774                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Banking and Insurance (Hays) recommended the
       following:
       
    1         Senate Amendment to Amendment (457546) (with title
    2  amendment)
    3  
    4         Between lines 674 and 675
    5  insert:
    6         Section 16. Section 626.931, Florida Statutes, is amended
    7  to read:
    8         626.931 Agent affidavit and Insurer reporting
    9  requirements.—
   10         (1) Each surplus lines agent shall on or before the 45th
   11  day following each calendar quarter file with the Florida
   12  Surplus Lines Service Office an affidavit, on forms as
   13  prescribed and furnished by the Florida Surplus Lines Service
   14  Office, stating that all surplus lines insurance transacted by
   15  him or her during such calendar quarter has been submitted to
   16  the Florida Surplus Lines Service Office as required.
   17         (2) The affidavit of the surplus lines agent shall include
   18  efforts made to place coverages with authorized insurers and the
   19  results thereof.
   20         (1)(3) Each foreign insurer accepting premiums shall, on or
   21  before the end of the month following each calendar quarter,
   22  file with the Florida Surplus Lines Service Office a verified
   23  report of all surplus lines insurance transacted by such insurer
   24  for insurance risks located in this state during such calendar
   25  quarter.
   26         (2)(4) Each alien insurer accepting premiums shall, on or
   27  before June 30 of each year, file with the Florida Surplus Lines
   28  Service Office a verified report of all surplus lines insurance
   29  transacted by such insurer for insurance risks located in this
   30  state during the preceding calendar year.
   31         (3)(5) The department may waive the filing requirements
   32  described in subsections (1) (3) and (2) (4).
   33         (4)(6) Each insurer’s report and supporting information
   34  shall be in a computer-readable format as determined by the
   35  Florida Surplus Lines Service Office or shall be submitted on
   36  forms prescribed by the Florida Surplus Lines Service Office and
   37  shall show for each applicable agent:
   38         (a) A listing of all policies, certificates, cover notes,
   39  or other forms of confirmation of insurance coverage or any
   40  substitutions thereof or endorsements thereto and the
   41  identifying number; and
   42         (b) Any additional information required by the department
   43  or Florida Surplus Lines Service Office.
   44         Section 17. Paragraph (a) of subsection (2) of section
   45  626.932, Florida Statutes, is amended to read:
   46         626.932 Surplus lines tax.—
   47         (2)(a) The surplus lines agent shall make payable to the
   48  department the tax related to each calendar quarter’s business
   49  as reported to the Florida Surplus Lines Service Office, and
   50  remit the tax to the Florida Surplus Lines Service Office on or
   51  before the 45th day following each calendar quarter at the same
   52  time as provided for the filing of the quarterly affidavit,
   53  under s. 626.931. The Florida Surplus Lines Service Office shall
   54  forward to the department the taxes and any interest collected
   55  pursuant to paragraph (b), within 10 days after of receipt.
   56         Section 18. Subsection (1) of section 626.935, Florida
   57  Statutes, is amended to read:
   58         626.935 Suspension, revocation, or refusal of surplus lines
   59  agent’s license.—
   60         (1) The department shall deny an application for, suspend,
   61  revoke, or refuse to renew the appointment of a surplus lines
   62  agent and all other licenses and appointments held by the
   63  licensee under this code, on any of the following grounds:
   64         (a) Removal of the licensee’s office from the licensee’s
   65  state of residence.
   66         (b) Removal of the accounts and records of his or her
   67  surplus lines business from this state or the licensee’s state
   68  of residence during the period when such accounts and records
   69  are required to be maintained under s. 626.930.
   70         (c) Closure of the licensee’s office for more than 30
   71  consecutive days.
   72         (d) Failure to make and file his or her affidavit or
   73  reports when due as required by s. 626.931.
   74         (d)(e) Failure to pay the tax or service fee on surplus
   75  lines premiums, as provided in the Surplus Lines Law.
   76         (e)(f) Suspension, revocation, or refusal to renew or
   77  continue the license or appointment as a general lines agent,
   78  service representative, or managing general agent.
   79         (f)(g) Lack of qualifications as for an original surplus
   80  lines agent’s license.
   81         (g)(h) Violation of this Surplus Lines Law.
   82         (h)(i) For any other applicable cause for which the license
   83  of a general lines agent could be suspended, revoked, or refused
   84  under s. 626.611 or s. 626.621.
   85         Section 19. Subsection (1) of section 626.936, Florida
   86  Statutes, is amended to read:
   87         626.936 Failure to file reports or pay tax or service fee;
   88  administrative penalty.—
   89         (1) Any licensed surplus lines agent who neglects to file a
   90  report or an affidavit in the form and within the time required
   91  or provided for in the Surplus Lines Law may be fined up to $50
   92  per day for each day the neglect continues, beginning the day
   93  after the report or affidavit was due until the date the report
   94  or affidavit is received. All sums collected under this section
   95  shall be deposited into the Insurance Regulatory Trust Fund.
   96  
   97  ================= T I T L E  A M E N D M E N T ================
   98         And the title is amended as follows:
   99         Delete line 1562
  100  and insert:
  101         reference; amending s. 626.931, F.S.; deleting
  102         provisions requiring a surplus lines agent to file a
  103         quarterly affidavit with the Florida Surplus Lines
  104         Service Office; amending s. 626.932, F.S.; revising
  105         due date of surplus lines tax; amending s. 626.935,
  106         F.S.; conforming provision to changes made by the act;
  107         amending s. 626.936, F.S.; conforming provisions to
  108         changes made by the act; amending s. 626.9914, F.S.;
  109         conforming a