Florida Senate - 2015                              CS for SB 252
       
       
        
       By the Committee on Banking and Insurance; and Senator Smith
       
       
       
       
       
       597-01934-15                                           2015252c1
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 624.425,
    3         F.S.; providing that the absence of a countersignature
    4         does not affect the validity of a policy or contract
    5         of insurance; amending s. 626.916, F.S.; requiring the
    6         statement of diligent effort from a retail or
    7         producing agent be in a specified form; amending s.
    8         626.931, F.S.; deleting provisions that require
    9         surplus lines agents to file a quarterly affidavit
   10         with the Florida Surplus Lines Office; amending ss.
   11         626.932, 626.935, and 626.936, F.S.; conforming
   12         provisions to changes made by act; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (6) is added to section 624.425,
   18  Florida Statutes, to read:
   19         624.425 Agent countersignature required, property,
   20  casualty, surety insurance.—
   21         (6)The absence of a countersignature required under this
   22  section does not affect the validity of a policy or contract of
   23  insurance.
   24         Section 2. Paragraph (a) of subsection (1) of section
   25  626.916, Florida Statutes, is amended to read:
   26         626.916 Eligibility for export.—
   27         (1) No insurance coverage shall be eligible for export
   28  unless it meets all of the following conditions:
   29         (a) The full amount of insurance required must not be
   30  procurable, after a diligent effort has been made by the
   31  producing agent to do so, from among the insurers authorized to
   32  transact and actually writing that kind and class of insurance
   33  in this state, and the amount of insurance exported shall be
   34  only the excess over the amount so procurable from authorized
   35  insurers. Surplus lines agents must verify that a diligent
   36  effort has been made by requiring a properly documented
   37  statement of diligent effort, which must be in the form
   38  prescribed by department rule or, if a form is not prescribed by
   39  rule, in the form of an affidavit, from the retail or producing
   40  agent. However, to be in compliance with the diligent effort
   41  requirement, the surplus lines agent’s reliance must be
   42  reasonable under the particular circumstances surrounding the
   43  export of that particular risk. Reasonableness shall be assessed
   44  by taking into account factors which include, but are not
   45  limited to, a regularly conducted program of verification of the
   46  information provided by the retail or producing agent.
   47  Declinations must be documented on a risk-by-risk basis. If it
   48  is not possible to obtain the full amount of insurance required
   49  by layering the risk, it is permissible to export the full
   50  amount.
   51         Section 3. Section 626.931, Florida Statutes, is amended to
   52  read:
   53         626.931 Agent affidavit and Insurer reporting
   54  requirements.—
   55         (1) Each surplus lines agent shall on or before the 45th
   56  day following each calendar quarter file with the Florida
   57  Surplus Lines Service Office an affidavit, on forms as
   58  prescribed and furnished by the Florida Surplus Lines Service
   59  Office, stating that all surplus lines insurance transacted by
   60  him or her during such calendar quarter has been submitted to
   61  the Florida Surplus Lines Service Office as required.
   62         (2) The affidavit of the surplus lines agent shall include
   63  efforts made to place coverages with authorized insurers and the
   64  results thereof.
   65         (1)(3) Each foreign insurer accepting premiums shall, on or
   66  before the end of the month following each calendar quarter,
   67  file with the Florida Surplus Lines Service Office a verified
   68  report of all surplus lines insurance transacted by such insurer
   69  for insurance risks located in this state during such calendar
   70  quarter.
   71         (2)(4) Each alien insurer accepting premiums shall, on or
   72  before June 30 of each year, file with the Florida Surplus Lines
   73  Service Office a verified report of all surplus lines insurance
   74  transacted by such insurer for insurance risks located in this
   75  state during the preceding calendar year.
   76         (3)(5) The department may waive the filing requirements
   77  described in subsections (1) and (2) (3) and (4).
   78         (4)(6) Each insurer’s report and supporting information
   79  shall be in a computer-readable format as determined by the
   80  Florida Surplus Lines Service Office or shall be submitted on
   81  forms prescribed by the Florida Surplus Lines Service Office and
   82  shall show for each applicable agent:
   83         (a) A listing of all policies, certificates, cover notes,
   84  or other forms of confirmation of insurance coverage or any
   85  substitutions thereof or endorsements thereto and the
   86  identifying number; and
   87         (b) Any additional information required by the department
   88  or Florida Surplus Lines Service Office.
   89         Section 4. Paragraph (a) of subsection (2) of section
   90  626.932, Florida Statutes, is amended to read:
   91         626.932 Surplus lines tax.—
   92         (2)(a) The surplus lines agent shall make payable to the
   93  department the tax related to each calendar quarter’s business
   94  as reported to the Florida Surplus Lines Service Office, and
   95  remit the tax to the Florida Surplus Lines Service Office on or
   96  before the 45th day following each calendar quarter at the same
   97  time as provided for the filing of the quarterly affidavit,
   98  under s. 626.931. The Florida Surplus Lines Service Office shall
   99  forward to the department the taxes and any interest collected
  100  pursuant to paragraph (b), within 10 days of receipt.
  101         Section 5. Paragraph (d) of subsection (1) of section
  102  626.935, Florida Statutes, is amended to read:
  103         626.935 Suspension, revocation, or refusal of surplus lines
  104  agent’s license.—
  105         (1) The department shall deny an application for, suspend,
  106  revoke, or refuse to renew the appointment of a surplus lines
  107  agent and all other licenses and appointments held by the
  108  licensee under this code, on any of the following grounds:
  109         (d) Failure to make and file his or her affidavit or
  110  reports when due as required by s. 626.931.
  111         Section 6. Subsection (1) of section 626.936, Florida
  112  Statutes, is amended to read:
  113         626.936 Failure to file reports or pay tax or service fee;
  114  administrative penalty.—
  115         (1) Any licensed surplus lines agent who neglects to file a
  116  report or an affidavit in the form and within the time required
  117  or provided for in the Surplus Lines Law may be fined up to $50
  118  per day for each day the neglect continues, beginning the day
  119  after the report or affidavit was due until the date the report
  120  or affidavit is received. All sums collected under this section
  121  shall be deposited into the Insurance Regulatory Trust Fund.
  122         Section 7. This act shall take effect July 1, 2015.