Bill Amendment: FL S1222 | 2015 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Division of Insurance Agent and Agency Services

Status: 2015-04-23 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1133 (Ch. 2015-180) [S1222 Detail]

Download: Florida-2015-S1222-Senate_Committee_Amendment_491438.html

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       Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1222
       
       
       
       
       
       
                                Ì491438=Î491438                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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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