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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1975-004This Ordinance was introduced by i 1 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. 14 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 _ C/M M, GLlGKSMANkjL-