Notice of Development of Rulemaking

DEPARTMENT OF REVENUE
Miscellaneous Tax
RULE NO: RULE TITLE
12B-8.006: State Fire Marshal Regulatory Assessment and Surcharge; Levy and Amount
PURPOSE AND EFFECT: The purpose of the proposed amendments to Rule 12B-8.006, F.A.C. (State Fire Marshal Regulatory Assessment and Surcharge; Levy and Amount), is to: (1) update the percentages used to determine the premium applicable to the peril of fire for the state fire marshal regulatory assessment; and (2) provide technical changes to correct the title of the “Crop Hail” premium to “Multiple Peril Crop,” as currently named by the National Association of Insurance Commissioners.
SUBJECT AREA TO BE ADDRESSED: The subject of the rule development workshop is the new percentages that will be used to compute the state fire marshal regulatory assessment and surcharge, starting with the 2008 insurance premium tax return (Form DR-908).
SPECIFIC AUTHORITY: 213.06(1) FS.
LAW IMPLEMENTED: 213.05, 624.509, 624.510, 624.511, 624.515, 624.516 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 15, 2008, 2:00 p.m.
PLACE: Room 118, Carlton Building, 501 S. Calhoun Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Larry Green at (850)922-4830. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Robert DuCasse, Tax Law Specialist, Technical Assistance and Dispute Resolution, Department of Revenue, P. O. Box 7443, Tallahassee, Florida 32314-7443, telephone (850)922-4715

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

12B‑8.006 State Fire Marshal Regulatory Assessment and Surcharge; Levy and Amount.

(1) through (2) No change.

(3) For purposes of the regulatory assessment, every insurer issuing policies of insurance covering the peril of fire on properties located in this State shall determine the gross amount of premium applicable to the peril of fire by multiplying the premium amounts reported on the “Exhibit of Premiums and Losses,” Annual Statement, as follows:

(a) Fire, Line 1 – ninety-three percent (93 90%).

(b) Allied Lines, Line 2.1 – five percent (5%).

(c) Multiple Peril Crop Crop Hail, line 2.2 – zero percent (0%).

(d) Farmowners multiple peril, Line 3 – fifteen twenty percent (15 20%).

(e) Homeowners multiple peril, Line 4 – twenty-five thirty percent (25 30%).

(f) Commercial multiple peril, Lines 5.1 and 5.2 – fifteen twenty percent (15 20%).

(g) Ocean Marine, Line 8 – ten twelve percent (10 12%).

(h) Inland Marine, Line 9 – twelve fifteen percent (12 15%).

(i) through (k) No change.

(4) No change.

Specific Authority 213.06(1) FS. Law Implemented 213.05, 624.509, 624.510, 624.511, 624.515, 624.516 FS. History–New 2-3-80, Formerly 12B-8.06, Amended 4-10-91, 2-18-93, 12-9-97, 7-31-03,________.