HomeMy WebLinkAboutCity of Tamarac Ordinance O-1975-004This Ordinance was
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 6
AN ORDINANCE AMENDING ORDINANCE N0. 72-29;
DEFINING INSURERS; DEFINING AGENT OR
INSURANCE AGENT; DEFINING GENERAL LINE
AGENT; DEFINING LIFE AGENT; DEFINING
DISABILITY AGENT: DEFINING SOLICITOR;
DEFINING AUTHORIZED AND UNAUTHORIZED
INSURER; PROVIDING FOR A LICENSE TAX OF
INSURANCE AGENTS AND SOLICITORS AND FEES
THEREOF; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SAVINGS
CLAUSE.
WHEREAS, Florida Statute 624.507 states "municipal
corporations may require a license tax of insurance agents
and solicitors not to exceed fifty per cent (50%) of the
State license tax specified as to such agents and solicitors
under Part 4 of this Chapter, and unless otherwise authorized
by law. Such a tax may be required only by a municipal
corporation within the boundaries of which is located the
agents business office, or if no such office is required
under this code, by the municipal corporation of the agents
place of residence."
WHEREAS, Attorney General Opinion 074-209 dated July 19,
1974 states that "the State has pre-empted licensing of
insurers and neither the Counties nor the Municipalities may
impose an occupational license tax on insurers."
WHEREAS, the City of Tamarac is desirous of complying
with the above said law.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL of the
City of Tamarac, -Florida:
SECTION 1.:
That Ordinance No. 72-29, Section 2, Definitions, is
amended pursuant to the Florida Insurance Code to read as
follows:
(13) Insurer.includes every person engaged as indemnitor,
surety, or contractor in the business of entering into contracts
of insurance or of annuity.
(14) Agent or Insurance Agent. Agent or Insurance Agent
means a general lines agent, life agent, or disability agent
as defined in this chapter or related chapters, or all such
agents, as indicated by text.
(15) General Lines Agent. A general lines agent is one
so transacting any one or more of the following kinds of
insurance:
a. property insurance
b. casualty insurance
C. surety insurance
d. disability insurance, when transacted by an
insurer also represented by the same agent
as to property or casualty or surety insurance
e. marine insurance
(16) Life Agent. A life agent is one so representing
an insurer as to life insurance and annuity contracts.
(17) Disability Agent. A disability agent is one so
representing, as to disability insurance only, an insurer
transacting disability insurance.
(18) Solicitor. A solicitor is an individual appointed
by a general lines agent to solicit applications for insurance
as a representative of such agent.
(19) Authorized Insurer is one duly authorized by a
subsisting certificate of authority issued by the department
to transact insurance in this State.
(20) An Unauthorized Insurer. An unauthorized insurer
is not one so authorized.
SECTION 2:
That Ordinance No. 72-29, Section 41, amount of tax to be
paid, Number 132, INSURANCE is amended to read as follows:
132. INSURANCE
Agents--------------------------------------------$10.00
Solicitors-----------------------------------------$10.00
Adjuster----------------------------------------- $10.00
Rate Maker or Rate Agent Traveling-----------------$10.00
(However, agents and solicitors writing more than one
kind or class of Insurance shall pay $10.00 for each
class thereof. For the purpose of this chapter, the
various kinds of classes of insurance are hereby
defined to be as follows: Casualty and liability,
fire, industrial and funeral benefits and life.
For the purpose of taxation under this chapter
insurance agents and solicitors are classified
as follows:
1. CASUALTY AND LIABILITY INSURANCE AGENTS AND
SOLICITORS.
Including bonding agents and solicitors, writing
(a) accident and health insurance only, on annual,
semi-annual or quarterly premium paying basis,
and
(b) bonds, including fidelity, court, contract and
surety bonds and financial guarantee, the title
(2)
insurance or guarantees;
(c) burglary insurance, including residence,
bank, stocks, bonds and securities, safe
burglary and holdup and messenger robbery;
(d) liability insurance, including employers,
public and other forms of liability insurance
and automobile liability for personal injury,
property damage and collision;
(e) plate glass insurance;
(f) Workman's collective insurance issued to
employers of labor.
2. FIRE INSURANCE AGENTS AND SOLICITORS
writing policies of insurance against hazards of
fire, tornado, and windstorms, use and occupancy,
profits, rents, lease►_,hold, insurrection, riot
and civil commotion, sprinkler leakage, rain,
fire, theft, automobile collision, stranding
or sinking.
3. INDUSTRIAL INSURANCE AGENTS AND SOLICITORS
(including funeral benefit associations or
companies), writing life and/or accident and
health insurance and funeral benefits on a
weekly, bi-monthly premium basis.
4. LIFE INSURANCE AGENTS AND SOLICITORS
writing life insurance with or without disability
clauses or accident and health features as a part
of the policy contract upon an annual, semi-annual,
quarter -annual premium paying basis.
SECTION 3:
All Ordinances or parts of Ordinances, or Resolutions
or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4:
This Ordinance shall become effective immediately upon
its final passage.
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PASSED FIRST READING THIS _L.__ day o f•✓ri >
PASSED SECOND READING THIS U day of ,
PASSED THIRD READING THIS day of ,
ATTEST:
CCLERK
101MA
1974
19 7,5'-
(3)
I HEREBY CERTIFY that I
have approved the form
and correctness of this
ORDINANCE.
W
RECORD OF COUNCIL VOTE
M - D. JOHN;ON „
vim. 0. TUC'>K�R I I
O/W E. LANG�
C/W H. MASSARO _
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