Florida Statute 624.5091 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 624
INSURANCE CODE: ADMINISTRATION AND GENERAL PROVISIONS

View Entire Chapter

F.S. 624.5091

624.5091 Retaliatory provision, insurers.—

(1)(a) When by or pursuant to the laws of any other state or foreign country any taxes, licenses, and other fees, in the aggregate, and any fines, penalties, deposit requirements, or other material obligations, prohibitions, or restrictions are or would be imposed upon Florida insurers or upon the agents or representatives of such insurers, which are in excess of such taxes, licenses, and other fees, in the aggregate, or which are in excess of the fines, penalties, deposit requirements, or other obligations, prohibitions, or restrictions directly imposed upon similar insurers, or upon the agents or representatives of such insurers, of such other state or country under the statutes of this state, so long as such laws of such other state or country continue in force or are so applied, the same taxes, licenses, and other fees, in the aggregate, or fines, penalties, deposit requirements, or other material obligations, prohibitions, or restrictions of whatever kind shall be imposed by the Department of Revenue upon the insurers, or upon the agents or representatives of such insurers, of such other state or country doing business or seeking to do business in this state. In determining the taxes to be imposed under this section, 80 percent and a portion of the remaining 20 percent as provided in paragraph (b) of the credit provided by s. 624.509(5), as limited by s. 624.509(6) and further determined by s. 624.509(7), shall not be taken into consideration.

(b) As used in this subsection, the term “portion of the remaining 20 percent” shall be calculated by multiplying the remaining 20 percent by a fraction, the numerator of which is the sum of the salaries qualifying for the credit allowed by s. 624.509(5) of employees whose place of employment is located in an enterprise zone created pursuant to chapter 290 and the denominator of which is the sum of the salaries qualifying for the credit allowed by s. 624.509(5).

(2) Any tax, license, or other obligation imposed by any city, county, or other political subdivision or agency of a state, jurisdiction, or foreign country on Florida insurers or their agents or representatives shall be deemed to be imposed by such state, jurisdiction, or foreign country within the meaning of subsection (1).

(3) This section does not apply as to personal income taxes, nor as to sales or use taxes, nor as to ad valorem taxes on real or personal property, nor as to reimbursement premiums paid to the Florida Hurricane Catastrophe Fund, nor as to emergency assessments paid to the Florida Hurricane Catastrophe Fund, nor as to special purpose obligations or assessments imposed in connection with particular kinds of insurance other than property insurance, except that deductions, from premium taxes or other taxes otherwise payable, allowed on account of real estate or personal property taxes paid shall be taken into consideration by the department in determining the propriety and extent of retaliatory action under this section.

(4) For the purposes of this section, a “similar insurer” is an insurer with identical premiums, personnel, and property to that of the alien or foreign insurer’s Florida premiums, personnel, and property. The similar insurer’s premiums, personnel, and property shall be used to calculate any taxes, licenses, other fees, in the aggregate, or any fines, penalties, deposit requirements, or other material obligations, prohibitions, or restrictions that are or would be imposed under Florida law and under the law of the foreign or alien insurer’s state of domicile.

(5) The excess amount of all fees, licenses, and taxes collected by the Department of Revenue under this section over the amount of similar fees, licenses, and taxes provided for in this part, together with all fines, penalties, or other monetary obligations collected under this section and ss. 626.711 and 626.743 exclusive of such fees, licenses, and taxes, shall be deposited by the Department of Revenue to the credit of the Insurance Regulatory Trust Fund; provided that such excess amount shall not exceed $125,000 for 1992, and for any subsequent year shall not exceed $125,000 adjusted annually by the lesser of 20 percent or the growth in the total of such excess amount. The remainder of such excess amount shall be deposited into the General Revenue Fund.

History.—s. 73, ch. 59-205; s. 1, ch. 65-233; s. 4, ch. 65-269; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 62, 64, 809(1st), ch. 82-243; s. 25, ch. 87-99; s. 13, ch. 89-167; s. 38, ch. 90-132; s. 1, ch. 91-425; s. 7, ch. 92-324; s. 4, ch. 93-409; ss. 13, 14, ch. 94-314; s. 18, ch. 94-353; s. 844, ch. 2003-261; s. 27, ch. 2005-280.

Note.—Former s. 624.429.

F.S. 624.5091 on Google Scholar

F.S. 624.5091 on Casetext

Amendments to 624.5091

Arrestable Offenses / Crimes under Fla. Stat. 624.5091

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 624.5091.

Annotations, Discussions, Cases:

Cases Citing Statute 624.5091

Total Results: 7

Amerisure Mutual Insurance Co. v. Florida Department of Financial Services, Division of Workers' Compensation

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-01T00:00:00-08:00

Citation: 156 So. 3d 520, 2015 WL 46515

Snippet: subsection are available to insurance carriers, s. 624.5091 does not limit such deductions in any manner.

American Bankers Insurance Co. v. Chiles

Court: Fla. | Date Filed: 1996-06-27T00:00:00-07:00

Citation: 675 So. 2d 922, 21 Fla. L. Weekly Supp. 267, 1996 Fla. LEXIS 1064, 1996 WL 350175

Snippet: One of the challenged provisions amended section 624.5091(3), Florida Statutes (Supp.1994), . Section

American Southern Insurance Co. v. State, Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-13T00:00:00-07:00

Citation: 674 So. 2d 810, 1996 Fla. App. LEXIS 5552, 1996 WL 241572

Snippet: Department’s construction and application of section 624.5091(1), Florida Statutes (1991). Because the Department… a retaliatory tax of $1,349,604 under section 624.5091(1), Florida Statutes (1991).1 This amount was … contrary to the intent and purpose of section 624.5091 and, in the alternative, asserted that the statute…the term “similar insurer” contained in section 624.5091(1). American Southern asserted that because it…Florida Legislature passed a bill amending section 624.5091 to include a definition of “similar insurer” at

Dept. of Revenue v. LIBERTY NAT. INS. CO.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-01-25T23:53:00-08:00

Citation: 667 So. 2d 445

Snippet: paid Florida Retaliatory Tax pursuant to section 624.5091. The dispute in this case concerns the proper …exactions be excluded from the calculation. Section 624.5091(3), Florida Statutes (1993), provides in part:…special purpose obligations or assessments under 624.5091(3), and thereby excluded them in calculating the…correctly determined, however, that: Florida Statute § 624.5091(3) as it existed before May 29, 1994, excludes…also argued that the 1994 amendment to section 624.5091(3), in which the legislature deleted the phrase

Department of Revenue v. Zurich Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-16T23:53:00-08:00

Citation: 667 So. 2d 365

Snippet: calculation of the retaliatory tax provided in section 624.5091, Florida Statutes (1993). Because we agree with…provisions of Florida's retaliatory tax, section 624.5091, Florida Statutes. In Gallagher v. Motors Ins.… retaliatory tax calculations, because section 624.5091(3), Florida Statutes (1993) expressly excluded

Service Ins. Co. v. Chiles

Court: Fla. Dist. Ct. App. | Date Filed: 1995-09-22T00:53:00-07:00

Citation: 660 So. 2d 734

Snippet: plaintiffs challenge section 4 which amends section 624.5091(3), Florida Statutes, to provide that reimbursement…calculation of the retaliatory tax authorized by section 624.5091, Florida Statutes. This provision clarifies how…itself, rather than as an amendment to section 624.5091. In summary, all of the provisions challenged …other matters; and Section 4, which amends section 624.5091, Florida Statutes (a part of the Florida Insurance

Gallagher v. Motors Ins. Corp.

Court: Fla. | Date Filed: 1992-07-23T00:53:00-07:00

Citation: 605 So. 2d 62

Snippet: in this state. [13] Currently found in section 624.5091, Florida Statutes (1991). 79061 Supreme