HB 1159

1	A bill to be entitled
2	An act relating to the state excise tax on property
3	insurance premiums; amending s. 175.101, F.S.; authorizing
4	municipalities providing fire protection in other
5	municipalities to assess and impose such tax on premiums
6	of policies on property in such other municipalities;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsection (1) of section 175.101, Florida
12	Statutes, is amended to read:
13	175.101  State excise tax on property insurance premiums
14	authorized; procedure.--For any municipality, special fire
15	control district, chapter plan, local law municipality, local
16	law special fire control district, or local law plan under this
17	chapter:
18	(1)  Each municipality or special fire control district in
19	this state described and classified in s. 175.041, having a
20	lawfully established firefighters' pension trust fund or
21	municipal fund or special fire control district fund, by
22	whatever name known, providing pension benefits to firefighters
23	as provided under this chapter, may assess and impose on every
24	insurance company, corporation, or other insurer now engaged in
25	or carrying on, or who shall hereinafter engage in or carry on,
26	the business of property insurance as shown by the records of
27	the Office of Insurance Regulation of the Financial Services
28	Commission an excise tax in addition to any lawful license or
29	excise tax now levied by each of the municipalities or special
30	fire control districts, respectively, amounting to 1.85 percent
31	of the gross amount of receipts of premiums from policyholders
32	on all premiums collected on property insurance policies
33	covering property within the corporate limits of such
34	municipalities or within the legally defined boundaries of
35	special fire control districts, respectively. Any municipality
36	which provides fire protection to any other incorporated
37	municipality may assess and impose on such insurance companies,
38	corporations, or other insurers the excise tax authorized in
39	this subsection on the gross amount of receipts of premiums from
40	policyholders on all premiums collected on property insurance
41	policies covering property within the corporate limits of such
42	other incorporated municipality. Whenever the boundaries of a
43	special fire control district that has lawfully established a
44	firefighters' pension trust fund encompass a portion of the
45	corporate territory of a municipality that has also lawfully
46	established a firefighters' pension trust fund, that portion of
47	the tax receipts attributable to insurance policies covering
48	property situated both within the municipality and the special
49	fire control district shall be given to the fire service
50	provider. The agent shall identify the fire service provider on
51	the property owner's application for insurance. Remaining
52	revenues collected pursuant to this chapter shall be distributed
53	to the municipality or special fire control district according
54	to the location of the insured property.
55
56	This section also applies to any municipality consisting of a
57	single consolidated government which is made up of a former
58	county and one or more municipalities, consolidated pursuant to
59	the authority in s. 3 or s. 6(e), Art. VIII of the State
60	Constitution, and to property insurance policies covering
61	property within the boundaries of the consolidated government,
62	regardless of whether the properties are located within one or
63	more separately incorporated areas within the consolidated
64	government, provided the properties are being provided fire
65	protection services by the consolidated government.
66	Section 2.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.