Senate Bill sb2294

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    Florida Senate - 2001                                  SB 2294

    By Senator Rossin





    35-694B-01                                              See HB

  1                      A bill to be entitled

  2         An act relating to local taxing jurisdiction

  3         property address databases; providing immunity

  4         from liability for an insurer for certain

  5         taxes, interest, and penalties due to the

  6         assignment of an insured property to an

  7         incorrect local taxing jurisdiction if the

  8         insurer uses the electronic database developed

  9         by the Department of Revenue; providing a

10         penalty against an insurer that does not use

11         such database and makes an improper assignment;

12         requiring the Department of Revenue to develop,

13         maintain, and update an electronic database for

14         certain property addresses for certain

15         purposes; providing requirements; providing

16         duties of the department; requiring

17         participating local taxing jurisdictions to

18         provide certain information to the department

19         for such purposes; requiring the department to

20         update such database and to post the data on a

21         website upon request; requiring the department

22         to provide magnetic or electronic copies of

23         such database to insurers upon request;

24         providing definition of the term "due

25         diligence"; authorizing the department to adopt

26         rules; providing for a minimum excise tax

27         distribution to certain participating local

28         taxing jurisdictions; providing conditions

29         under which a municipality or special fire

30         control district must expend any increase in

31         premium tax revenues to provide extra pension

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    Florida Senate - 2001                                  SB 2294
    35-694B-01                                              See HB




  1         benefits; providing a startup appropriation;

  2         providing for a continuing appropriation to the

  3         department to implement the act; providing an

  4         effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  (1)  Any insurer that is obligated to

  9  report and remit the excise tax on property insurance premiums

10  imposed under sections 175.101 and 185.08, Florida Statutes,

11  shall be held harmless from any liability, including, but not

12  limited to, any tax, interest, or penalties, which would

13  otherwise be due solely as a result of an assignment of an

14  insured property to an incorrect local taxing jurisdiction, if

15  the insurance company exercises due diligence in applying an

16  electronic database developed by the Department of Revenue

17  under subsection (2). An insurance company that does not use

18  the electronic database provided by the Department of Revenue,

19  or which does not exercise due diligence in applying the

20  electronic database, is subject to a 0.5 percent penalty on

21  the premium for each policy that is improperly assigned,

22  whether assigned to an improper local taxing jurisdiction, not

23  assigned to a local taxing jurisdiction when it should be, or

24  assigned to a local taxing jurisdiction when it should not be.

25         (2)(a)  The Department of Revenue shall, subject to

26  legislative appropriation, create as soon as practical and

27  feasible, and thereafter maintain, an electronic database that

28  gives due and proper regard to any format that is approved by

29  the American National Standards Institute's Accredited

30  Standards Committee X12 and that designates for each street

31  address and address range in the state, including any multiple

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    Florida Senate - 2001                                  SB 2294
    35-694B-01                                              See HB




  1  postal street addresses applicable to one street location, the

  2  local taxing jurisdiction in which the street address and

  3  address range is located and the appropriate code for each

  4  such participating local taxing jurisdiction, identified by

  5  one nationwide standard numeric code. The nationwide standard

  6  numeric code must contain the same number of numeric digits,

  7  and each digit, or combination of digits, must refer to the

  8  same level of taxing jurisdiction throughout the United States

  9  using a format similar to FIPS 55-3 or other appropriate

10  standard approved by the Federation of Tax Administrators and

11  the Multistate Tax Commission. Each address or address range

12  must be provided in standard postal format, including the

13  street number, street number range, street name, and zip code.

14  After the creation of the initial database, the Department of

15  Revenue shall annually create and maintain a database for the

16  current tax year. Each annual database must be calendar year

17  specific.

18         (b)1.  Each participating local taxing jurisdiction

19  shall furnish to the Department of Revenue all information

20  needed to create the electronic database as soon as practical

21  and feasible. The information furnished to the Department of

22  Revenue must specify an effective date.

23         2.  Each participating local taxing jurisdiction shall

24  furnish to the Department of Revenue all information needed to

25  create and update the current year's database, including

26  changes in annexations, incorporations, reorganizations, and

27  any other changes in jurisdictional boundaries, as well as

28  changes in eligibility to participate in the excise taxes

29  imposed under chapters 175 and 185, Florida Statutes. The

30  information furnished to the Department of Revenue must

31  specify an effective date, and such information must be

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    Florida Senate - 2001                                  SB 2294
    35-694B-01                                              See HB




  1  furnished to the Department of Revenue by July 1 of the

  2  current year.

  3         3.  The Department of Revenue shall create and update

  4  the current year's database in accordance with the information

  5  furnished by participating local taxing jurisdictions under

  6  subparagraph 1. or subparagraph 2. To the extent practicable,

  7  each new annual database must be posted by the Department of

  8  Revenue on a website by October 1 of each year. Each

  9  participating local taxing jurisdiction shall have access to

10  this website and within 30 days thereafter, shall provide any

11  corrections to the Department of Revenue. The Department of

12  Revenue shall finalize the current year database and post it

13  on a website by December 15 of the tax year. Any disputes in

14  jurisdictional boundaries which are unable to be resolved and

15  included, as appropriate, in the database by the December 15

16  deadline will not affect the current year database and cannot

17  be retroactively included in that database. The finalized

18  database will be used in assigning policies and premiums to

19  the proper local taxing jurisdiction for the insurance premium

20  tax return due on the following March 1. The Department of

21  Revenue shall furnish the annual database on magnetic or

22  electronic media to any insurance company or vendor who

23  requests the database for the sole purpose of assigning

24  insurance premiums to the proper local taxing jurisdiction for

25  the excise taxes imposed under chapters 175 and 185, Florida

26  Statutes.

27         4.  Each update shall identify the additions,

28  deletions, or other changes to the preceding version of the

29  database.

30         (3)(a)  As used in this subsection, the term "due

31  diligence" means the care and attention that is expected from,

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    Florida Senate - 2001                                  SB 2294
    35-694B-01                                              See HB




  1  and ordinarily exercised by, a reasonable and prudent person

  2  under the circumstances.

  3         (b)  Notwithstanding any law to the contrary, an

  4  insurance company is exercising due diligence if the insurance

  5  company assigns an insured's premium to local taxing

  6  jurisdictions in accordance with the Department of Revenue

  7  annual database, and:

  8         1.  Expends reasonable resources to accurately and

  9  reliably implement such method.

10         2.  Maintains adequate internal controls to correctly

11  include in their database of policyholders the location of the

12  property insured, in the proper address format so that

13  matching with the Department's database is accurate.

14         (4)  The Department of Revenue shall adopt rules

15  necessary to administer this section.

16         Section 2.  (1)(a)  Notwithstanding any other provision

17  of law, no methodology, formula, or database that is adopted

18  by rule or policy in any year subsequent to the effective date

19  of this act may result in a distribution to a participating

20  municipality or special fire control district of an amount of

21  the insurance premium tax which is less than the amount which

22  is distributed to such municipality or special fire control

23  district in 2001.

24         (b)  A municipality or special fire control district

25  that receives an insurance premium tax distribution in excess

26  of 200 percent of the tax distribution which such municipality

27  or special fire control district received for the calendar

28  year 1998 is not required to expend for extra pension benefits

29  such portion of its insurance premium tax distribution which

30  exceeds 200 percent of the calendar year 1998 distribution,

31  provided such municipality or special fire control district

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    Florida Senate - 2001                                  SB 2294
    35-694B-01                                              See HB




  1  has met all the minimum pension benefit requirements of

  2  Chapter 99-1, Laws of Florida. This paragraph is effective

  3  only for calendar year 2003 and stands repealed on January 1,

  4  2004.

  5         (c)  Beginning January 1, 2004, and each calendar year

  6  thereafter, any municipality or special fire control district

  7  that received an increase in insurance premium tax revenues in

  8  the 2003 calendar year which exceeded 200 percent of the

  9  revenues it received in the 1998 calendar year must expend any

10  annual increase in premium tax revenues to provide extra

11  pension benefits. This paragraph shall only apply to a

12  municipality or special fire control district that met the

13  provisions set forth in paragraph (b) and does not otherwise

14  apply to other relevant sections of the Florida Statutes.

15         (2)  The requirements of paragraphs (1)(b) and (c) do

16  not apply to a municipality or special fire control district

17  that uses its insurance premium tax distribution for

18  supplemental benefits. Furthermore, the Municipal Police and

19  Firefighters Trust Fund Office shall determine the

20  calculations for paragraphs (1)(b) and (c) and shall notify

21  the appropriate municipality or special fire control district.

22         Section 3.  The sum of $300,000 is appropriated from

23  the General Revenue Fund to the Department of Revenue for the

24  one-time expense of creating the original database and to

25  begin the implementation process for use of the database. The

26  sum of $100,000 shall be annually appropriated by the

27  Legislature to maintain the database.

28         Section 4.  This act shall take effect January 1, 2002.

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    Florida Senate - 2001                                  SB 2294
    35-694B-01                                              See HB




  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides for development by the Department of Revenue of
      an electronic database of local taxing jurisdiction
  4    property addresses for purposes of accurately assessing a
      tax on property insurance premiums on property in such
  5    jurisdictions. Provides immunity from liability for
      taxes, interest, and penalties otherwise due solely as a
  6    result of assignment of an insured property to an
      incorrect local taxing jurisdiction through use of such
  7    database. Provides a penalty for not using such database.
      Provides appropriations. (See bill for details.)
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