(1) The premiums charged for surplus lines coverages are subject to a premium receipts tax of 4.94 percent of all gross premiums charged for such insurance. The surplus lines agent shall collect from the insured the amount of the tax at the time of the delivery of the cover note, certificate of insurance, policy, or other initial confirmation of insurance, in addition to the full amount of the gross premium charged by the insurer for the insurance. The surplus lines agent is prohibited from absorbing such tax or, as an inducement for insurance or for any other reason, rebating all or any part of such tax or of his or her commission.
(2)(a) The surplus lines agent shall make payable to the department the tax related to each calendar quarter’s business as reported to the Florida Surplus Lines Service Office, and remit the tax to the Florida Surplus Lines Service Office at the same time as provided for the filing of the quarterly affidavit, under s. 626.931. The Florida Surplus Lines Service Office shall forward to the department the taxes and any interest collected pursuant to paragraph (b), within 10 days of receipt.
(b) The agent shall pay interest on the amount of any delinquent tax due, at the rate of 9 percent per year, compounded annually, beginning the day the amount becomes delinquent.
(3) If a surplus lines policy covers risks or exposures only partially in this state and the state is the home state as defined in the federal Nonadmitted and Reinsurance Reform Act of 2010 (NRRA), the tax payable shall be computed on the gross premium. The surplus lines policy must be taxed in accordance with subsection (1), and the agent shall report the total premium for the risk that is located in this state and the total premium for the risk that is located outside of this state to the Florida Surplus Lines Service Office in the manner and form directed by the Florida Surplus Lines Service Office.
(4) This section does not apply as to insurance of, or with respect to, vessels, cargo, or aircraft written under s. 626.917, or as to insurance of risks of the state government or its agencies, or of any county or municipality or of any agency thereof.
(5) The department shall deposit 8.8 percent of all taxes collected under this section into the Insurance Regulatory Trust Fund. Ninety-one and two-tenths percent of all taxes collected under this section shall be deposited into the General Revenue Fund.
(6) For the purposes of this section, the term “premium” means the consideration for insurance by whatever name called and includes any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for an insurance contract, which items are deemed to be a part of the premium. The per-policy fee authorized by s. 626.916(4) is specifically included within the meaning of the term “premium.” However, the service fee imposed pursuant to s. 626.9325 is excluded from the meaning of the term “premium.”
History.—s. 371, ch. 59-205; s. 15, ch. 65-269; ss. 13, 35, ch. 69-106; s. 2, ch. 81-318; ss. 318, 807, ch. 82-243; s. 46, ch. 90-132; ss. 178, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 32, ch. 92-146; s. 309, ch. 97-102; s. 5, ch. 97-196; s. 7, ch. 2001-213; s. 1022, ch. 2003-261; s. 8, ch. 2003-395; s. 4, ch. 2008-132; ss. 7, 9, ch. 2009-70; s. 2, ch. 2011-46; ss. 2, 4, ch. 2014-60; s. 28, ch. 2020-10.
Structure Florida Statutes
Chapter 626 - Insurance Field Representatives and Operations
Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)
626.901 - Representing or aiding unauthorized insurer prohibited.
626.902 - Penalty for representing unauthorized insurer.
626.903 - Suits by unauthorized insurers prohibited.
626.904 - Unauthorized Insurers Process Law; short title; interpretation.
626.905 - Purpose of Unauthorized Insurers Process Law.
626.906 - Acts constituting Chief Financial Officer as process agent.
626.907 - Service of process; judgment by default.
626.909 - Jurisdiction of office and department; service of process on Secretary of State.
626.912 - Exemptions from ss. 626.904-626.911.
626.913 - Surplus Lines Law; short title; purposes.
626.915 - Surplus lines insurance authorized.
626.916 - Eligibility for export.
626.917 - Eligibility for export; wet marine and transportation, aviation risks.
626.918 - Eligible surplus lines insurers.
626.919 - Withdrawal of eligibility; surplus lines insurer.
626.9201 - Notice of cancellation or nonrenewal.
626.9202 - Loss run statements for all lines of insurance.
626.921 - Florida Surplus Lines Service Office.
626.922 - Evidence of the insurance; changes; penalty.
626.923 - Filing copy of policy or certificate.
626.924 - Information required on contract.
626.925 - Surplus lines insurance valid.
626.926 - Liability of insurer as to losses and unearned premiums.
626.927 - Licensing of surplus lines agent.
626.9271 - Temporary license; death, disability, absence of surplus lines agent.
626.9272 - Licensing of nonresident surplus lines agents.
626.929 - Origination, acceptance, placement of surplus lines business.
626.9295 - Corporations, liability of agent.
626.930 - Records of surplus lines agent.
626.931 - Agent affidavit and insurer reporting requirements.
626.933 - Collection of tax and service fee.
626.934 - Accounting for funds; contingent commissions.
626.935 - Suspension, revocation, or refusal of surplus lines agent’s license.
626.936 - Failure to file reports or pay tax or service fee; administrative penalty.
626.9361 - Failure to file report; administrative penalty.
626.937 - Actions against insurer; service of process.
626.9371 - Payment of premiums and claims.
626.9372 - Disclosure statement of certain information required; liability claims.
626.9374 - Liability of insureds; deductible and coinsurance.
626.938 - Report and tax of independently procured coverages.