Bill Amendment: FL S1046 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Insurance
Status: 2013-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 157 (Ch. 2013-190), CS/HB 1191 (Ch. 2013-209), CS/CS/HB 7125 (Ch. 2013-160), SB 356 (Ch. 2013-125), CS/CS/SB 468 (Ch. 2013-66), CS/SB 1842 (Ch. 2013-101) [S1046 Detail]
Download: Florida-2013-S1046-Banking_and_Insurance_Committee_Amendment_to_Amendment_863774.html
Bill Title: Insurance
Status: 2013-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 157 (Ch. 2013-190), CS/HB 1191 (Ch. 2013-209), CS/CS/HB 7125 (Ch. 2013-160), SB 356 (Ch. 2013-125), CS/CS/SB 468 (Ch. 2013-66), CS/SB 1842 (Ch. 2013-101) [S1046 Detail]
Download: Florida-2013-S1046-Banking_and_Insurance_Committee_Amendment_to_Amendment_863774.html
Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 1046 Barcode 863774 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 8 626.931Agent affidavit andInsurer reporting 9 requirements.— 10(1) Each surplus lines agent shall on or before the 45th11day following each calendar quarter file with the Florida12Surplus Lines Service Office an affidavit, on forms as13prescribed and furnished by the Florida Surplus Lines Service14Office, stating that all surplus lines insurance transacted by15him or her during such calendar quarter has been submitted to16the Florida Surplus Lines Service Office as required.17(2) The affidavit of the surplus lines agent shall include18efforts made to place coverages with authorized insurers and the19results 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 quarterat the same52time as provided for the filing of the quarterly affidavit,53under 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 afterofreceipt. 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 or73reports 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 reportor an affidavitin 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 reportor affidavitwas due until the date the report 94or affidavitis 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