Exams / Florida Public Adjuster License / Fla. Stat. §626.938

Fla. Stat. §626.938 — what it says, and how the exam tests it

This section is cited by 7 of our practice questions and is tested on 2 exams including the Florida Public Adjuster License.

The text

626.938 Report and tax of independently procured coverages. — (1) Every insured who in this state procures or causes to be procured or continues or renews insurance from another state or country with an unauthorized foreign or alien insurer legitimately licensed in that jurisdiction, or any self-insurer who in this state so procures or continues excess loss, catastrophe, or other insurance, upon a subject of insurance resident, located, or to be performed within this state, other than insurance procured through a surplus lines agent pursuant to the Surplus Lines Law of this state or exempted from tax under s. 626.932(4), shall, within 30 days after the date such insurance was so procured, continued, or renewed, file a report of the same with the Florida Surplus Lines Service Office in writing and upon forms designated by the Florida Surplus Lines Service Office and furnished to such an insured upon request, or in a computer readable format as determined by the Florida Surplus Lines Service Office. The report shall show the name and address of the insured or insureds, the name and address of the insurer, the subject of the insurance, a general description of the coverage, the amount of premium currently charged therefor, and such additional pertinent information as is reasonably requested by the Florida Surplus Lines Service Office. (2) Any insurance on a risk located in this state in an unauthorized insurer legitimately licensed in another state or country procured through solicitations, negotiations, or an application occurring or made outside this state shall be deemed to be insurance procured, continued, or renewed in this state within the intent of subsection (1). (3) For the general support of the government of this state, there is levied upon the obligation, chose in action, or right represented by the premium charged for such insurance a tax at the rate of 5 percent of the gross amount of such premium and a 0.3 percent service fee pursuant to s. 626.9325. If the policy covers risks or exposures only partially in this state and this state is the home state as defined by the federal Nonadmitted and Reinsurance Reform Act of 2010 (NRRA), the tax and service fee payable shall be computed on the gross premium. The tax must not exceed the tax rate where the risk or exposure is located. The insured shall withhold the amount of the tax and service fee from…

Public record. Read the full, current section at the official source: www.leg.state.fl.us

How it comes up on the exam

Practice questions written from this section — answers and explanations are in the drill.

  1. Under Florida law, which of the following types of insurance may NOT be independently procured under §626.938?
    drill Florida Statutes, Rules and Regulations Pertinent to Personal Lines Insurance →
  2. Under Fla. Stat. §626.938, the tax levied on the premium for independently procured insurance from an unauthorized insurer is what percentage of the gross premium?
    drill Selected Florida Statutes and Rules →
  3. Under Florida law, what is the tax rate levied on the gross premium of independently procured insurance coverage from an unauthorized insurer?
    drill Florida Statutes, Rules and Regulations Pertinent to Personal Lines Insurance →

Exams that test this section