RULE NO: RULE TITLE
12B-8.003: Tax Statement; Overpayments

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 41, October 10, 2008 issue of the Florida Administrative Weekly.

In response to written comments received from the Joint Administrative Procedures Committee, dated November 17, 2008, the instructions for Line 1 – Property/Casualty/Miscellaneous and for Line 2 – Life and Accident and Health of Schedule I – Computation of Insurance Premium Tax, on Page 4 of Form DR-908N, Instructions for Preparing Form DR-908 Florida Insurance Premium Taxes and Fees Return, has been changed as follows:

Line 1. Property/Casualty/Miscellaneous

Enter the Florida direct premiums written (gross premiums minus reinsurance assumed and returned premiums), which are reported on the Florida Business Page from the Florida Annual Statement.

(a) Additional Taxable Premiums – Enter additional taxable premiums. Some examples of additional taxable premiums are: such as finance and service charges;, managing general agent fees; and the, gross up of bail bond premiums, etc.

(b) Excluded Premiums – Enter excluded premiums which were included in direct written premiums. This includes any premium that is federally preempted from state taxation. Some examples of excluded premiums that are included in direct written premium are:, such as Motor Vehicle Service Agreement premiums and Service Warranty Association premiums under Chapter 634, F.S., that are subject to sales tax;, Federal Crop Insurance Corporation premiums and premiums reinsured by the Federal Crop Insurance Corporation that are preempted from state taxation under Section 400.352 of Chapter IV of Title 7 of the Code of Federal Regulations; in accordance with the Federal Crop Insurance Act, 7 U.S.C. ss.1501 et seq., free premiums (uncollected premiums from policies where insurance coverage was provided without being paid by policyholder – net of subsequent collected amounts);, federally preempted federal employee health benefit plan premiums;, federally preempted Medicare part D and Medicare Choice Plus premiums; and, Federal flood premiums issued by FEMA, any other premium that is federally preempted from state taxation, etc.

Line 2. Life and Accident and Health

Enter the Florida direct premiums written (gross premiums minus reinsurance assumed and returned premiums), which are reported on the Florida Business Page from the Florida Annual Statement.

(a) Additional Taxable Premiums – Enter additional taxable premiums. Some examples of additional taxable premiums are: such as finance charges;, and service charges;, and managing general agent fees, etc.

(b) Excluded Premiums – Enter excluded premiums which were included in direct written premiums. This includes any premium that is federally preempted from state taxation. Some examples of excluded premiums that are included in direct written premium are:, such as federally preempted federal employee health benefit plan premiums;, federally preempted Medicare part D premiums; and federally preempted Medicare Choice Plus premiums, any other premium that is federally preempted from state taxation, etc.