Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 1222
Ì491438=Î491438
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/02/2015 .
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Appropriations Subcommittee on General Government (Simpson)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 542 and 543
4 insert:
5 Section 1. Section 626.931, Florida Statutes, is amended to
6 read:
7 626.931 Agent affidavit and Insurer reporting
8 requirements.—
9 (1) Each surplus lines agent shall on or before the 45th
10 day following each calendar quarter file with the Florida
11 Surplus Lines Service Office an affidavit, on forms as
12 prescribed and furnished by the Florida Surplus Lines Service
13 Office, stating that all surplus lines insurance transacted by
14 him or her during such calendar quarter has been submitted to
15 the Florida Surplus Lines Service Office as required.
16 (2) The affidavit of the surplus lines agent shall include
17 efforts made to place coverages with authorized insurers and the
18 results thereof.
19 (1)(3) Each foreign insurer accepting premiums shall, on or
20 before the end of the month following each calendar quarter,
21 file with the Florida Surplus Lines Service Office a verified
22 report of all surplus lines insurance transacted by such insurer
23 for insurance risks located in this state during such calendar
24 quarter.
25 (2)(4) Each alien insurer accepting premiums shall, on or
26 before June 30 of each year, file with the Florida Surplus Lines
27 Service Office a verified report of all surplus lines insurance
28 transacted by such insurer for insurance risks located in this
29 state during the preceding calendar year.
30 (3)(5) The department may waive the filing requirements
31 described in subsections (1) and (2) (3) and (4).
32 (4)(6) Each insurer’s report and supporting information
33 shall be in a computer-readable format as determined by the
34 Florida Surplus Lines Service Office or shall be submitted on
35 forms prescribed by the Florida Surplus Lines Service Office and
36 shall show for each applicable agent:
37 (a) A listing of all policies, certificates, cover notes,
38 or other forms of confirmation of insurance coverage or any
39 substitutions thereof or endorsements thereto and the
40 identifying number; and
41 (b) Any additional information required by the department
42 or Florida Surplus Lines Service Office.
43 Section 2. Paragraph (a) of subsection (2) of section
44 626.932, Florida Statutes, is amended to read:
45 626.932 Surplus lines tax.—
46 (2)(a) The surplus lines agent shall make payable to the
47 department the tax related to each calendar quarter’s business
48 as reported to the Florida Surplus Lines Service Office, and
49 remit the tax to the Florida Surplus Lines Service Office on or
50 before the 45th day following each calendar quarter at the same
51 time as provided for the filing of the quarterly affidavit,
52 under s. 626.931. The Florida Surplus Lines Service Office shall
53 forward to the department the taxes and any interest collected
54 pursuant to paragraph (b), within 10 days of receipt.
55 Section 3. Paragraph (d) of subsection (1) of section
56 626.935, Florida Statutes, is amended to read:
57 626.935 Suspension, revocation, or refusal of surplus lines
58 agent’s license.—
59 (1) The department shall deny an application for, suspend,
60 revoke, or refuse to renew the appointment of a surplus lines
61 agent and all other licenses and appointments held by the
62 licensee under this code, on any of the following grounds:
63 (d) Failure to make and file his or her affidavit or
64 reports when due as required by s. 626.931.
65 Section 4. Subsection (1) of section 626.936, Florida
66 Statutes, is amended to read:
67 626.936 Failure to file reports or pay tax or service fee;
68 administrative penalty.—
69 (1) Any licensed surplus lines agent who neglects to file a
70 report or an affidavit in the form and within the time required
71 or provided for in the Surplus Lines Law may be fined up to $50
72 per day for each day the neglect continues, beginning the day
73 after the report or affidavit was due until the date the report
74 or affidavit is received. All sums collected under this section
75 shall be deposited into the Insurance Regulatory Trust Fund.
76
77 ================= T I T L E A M E N D M E N T ================
78 And the title is amended as follows:
79 Delete line 29
80 and insert:
81 respectively; amending s. 626.931, F.S.; deleting
82 provisions that require surplus lines agents to file a
83 quarterly affidavit with the Florida Surplus Lines
84 Office; amending ss. 626.932, 626.935, and 626.936,
85 F.S.; conforming provisions to changes made by act;
86 amending s. 626.9541, F.S.; providing