Florida Senate - 2019                                    SB 1704
       
       
        
       By Senator Wright
       
       
       
       
       
       14-01791B-19                                          20191704__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; amending s. 17.56, F.S.; requiring the
    4         Division of Treasury to maintain, rather than turn
    5         over to the Division of Accounting and Auditing,
    6         warrants drawn by the Chief Financial Officer;
    7         specifying the timeframe during which such warrants
    8         must be maintained; making a technical change;
    9         amending s. 24.123, F.S.; adding the Chief Financial
   10         Officer to a list of persons receiving the annual
   11         financial audit of the Department of the Lottery;
   12         specifying the date by when such audits must be
   13         submitted; amending s. 215.44, F.S.; specifying the
   14         date by when the State Board of Administration must
   15         annually publish audited financial statements for the
   16         Florida Retirement System; amending s. 215.80, F.S.;
   17         specifying the date by when the board must annually
   18         publish a certain report by the Division of Bond
   19         Finance; amending s. 215.98, F.S.; adding the Chief
   20         Financial Officer to a list of persons presented with
   21         the division’s annual debt affordability report;
   22         revising the date by when such report must be
   23         presented; creating s. 497.173, F.S.; requiring that
   24         each licensed location under chapter 497, F.S., have a
   25         full-time licensee in charge; requiring licensees in
   26         charge to have an active license; specifying
   27         limitations on licensed locations a licensee in charge
   28         may serve; amending ss. 497.263 and 497.266, F.S.;
   29         adding national trust companies to a list of entities
   30         where a care and maintenance trust fund may be
   31         established; amending s. 497.376, F.S.; specifying
   32         required educational credentials for certain
   33         applicants for a combination license as both funeral
   34         director and embalmer; amending s. 497.377, F.S.;
   35         specifying qualifications for certain applicants for a
   36         combination funeral director and embalmer intern
   37         license; providing application requirements;
   38         specifying limitations on, and authorized actions of,
   39         interns; specifying the expiration of intern licenses;
   40         authorizing the licensing authority to adopt certain
   41         rules; amending s. 497.380, F.S.; revising
   42         requirements for the supervision of licensed funeral
   43         establishments; providing that, under certain
   44         circumstances, a funeral director may serve as funeral
   45         director in charge without an embalmer license or
   46         combination license; amending s. 497.452, F.S.; adding
   47         national trust companies to a list of entities exempt
   48         from a certain preneed licensing requirement; amending
   49         s. 497.453, F.S.; specifying annual trust reporting
   50         requirements for certain preneed licensees or certain
   51         groups of preneed licensees; defining the term “Year
   52         1” and “Year 2”; authorizing the department to adopt
   53         certain rules; amending s. 626.025, F.S.; conforming a
   54         provision to changes made by the act; amending s.
   55         626.175, F.S.; authorizing the department to issue
   56         nonrenewable temporary licenses authorizing the
   57         appointment of personal lines agents; deleting such
   58         authorization for industrial fire or burglary agents;
   59         revising circumstances under which the department may
   60         issue temporary licenses authorizing the appointment
   61         of life agents; specifying circumstances under which
   62         the department may issue temporary licenses
   63         authorizing the appointment of personal lines agents;
   64         prohibiting certain licensees from soliciting,
   65         negotiating, or effecting contracts of insurance;
   66         amending s. 626.221, F.S.; specifying that a certain
   67         exemption from an examination requirement applies to
   68         applicants for an all-lines adjuster license; amending
   69         s. 626.2815, F.S.; revising the individuals that are
   70         subject to a certain continuing education requirement;
   71         amending s. 626.321, F.S.; deleting an examination
   72         requirement for an applicant for an industrial fire
   73         insurance or burglary insurance license; providing
   74         that, beginning on a specified date, the license and
   75         appointment may be renewed, but no new or additional
   76         licenses may be issued and the license may not be
   77         reinstated; deleting an examination requirement for
   78         crop hail and multiple peril crop insurance licenses;
   79         amending s. 626.471, F.S.; authorizing an appointing
   80         entity to provide a termination notice to the
   81         appointee by e-mail; providing that the e-mail must be
   82         addressed to the appointee’s last e-mail address of
   83         record; specifying when notice by e-mail is deemed to
   84         have been given; repealing s. 626.521, F.S., relating
   85         to credit and character reports; amending s. 626.536,
   86         F.S.; deleting a requirement for insurance agencies to
   87         report certain administrative actions to the
   88         department; amending s. 626.6215, F.S.; adding certain
   89         grounds for the department’s discretionary refusal,
   90         suspension, or revocation of an insurance agency
   91         license; amending s. 626.729, F.S.; revising the
   92         definition of the term “industrial fire insurance”
   93         relating to burglary insurance; repealing s. 626.7355,
   94         F.S., relating to a temporary license as customer
   95         representative pending examination; amending ss.
   96         626.8437 and 626.844, F.S.; revising certain grounds
   97         for the denial of, suspension of, revocation of, or
   98         refusal to renew, licenses or appointments of title
   99         insurance agents or agencies; amending s. 626.8732,
  100         F.S.; revising qualifications for the issuance of a
  101         nonresident public adjuster’s license; amending s.
  102         627.7015, F.S.; requiring insurers to report mediation
  103         settlements and settlement amounts to all parties
  104         within a certain timeframe; amending s. 633.218, F.S.;
  105         deleting a requirement that state-owned or state
  106         leased buildings be identified through use of the
  107         United States National Grid Coordinate System;
  108         amending s. 633.520, F.S.; authorizing the Division of
  109         State Fire Marshal to adopt certain rules establishing
  110         firefighter employer cancer prevention best practices;
  111         amending s. 648.49, F.S.; specifying that
  112         reinstatement of a bail bond agent license is
  113         contingent upon filing an application with, and
  114         approval by, the department; amending s. 717.123,
  115         F.S.; increasing the amount of funds the department
  116         must retain under the Florida Disposition of Unclaimed
  117         Property Act for certain purposes; amending s.
  118         717.124, F.S.; increasing the threshold amount of
  119         electronically submitted claims under which the
  120         department may use alternative identity verification
  121         methods; authorizing the department to develop and
  122         implement specified identification verification and
  123         disbursement processes for certain unclaimed property
  124         accounts; authorizing the department to develop
  125         processes for certain electronic submissions;
  126         specifying requirements for the submission of claims
  127         and recordkeeping; authorizing the department to adopt
  128         rules; providing an effective date.
  129          
  130  Be It Enacted by the Legislature of the State of Florida:
  131  
  132         Section 1. Section 17.56, Florida Statutes, is amended to
  133  read:
  134         17.56 Division of Treasury to maintain turn over to the
  135  Division of Accounting and Auditing all warrants paid.—The
  136  Division of Treasury shall maintain turn over to the Division of
  137  Accounting and Auditing all warrants drawn by the Chief
  138  Financial Officer or the Comptroller and paid by the Division of
  139  Treasury for a period of 10 years from the date the warrant was
  140  presented for payment. The warrants shall be turned over as soon
  141  as the Division of Treasury shall have recorded such warrants
  142  and charged the same against the accounts upon which such
  143  warrants are drawn.
  144         Section 2. Subsection (3) of section 24.123, Florida
  145  Statutes, is amended to read:
  146         24.123 Annual audit of financial records and reports.—
  147         (3) A copy of any audit performed pursuant to this section
  148  must shall be annually submitted by November 30 to the
  149  secretary, the Governor, the President of the Senate, the
  150  Speaker of the House of Representatives, the Chief Financial
  151  Officer, and members of the Legislative Auditing Committee.
  152         Section 3. Paragraph (d) of subsection (2) of section
  153  215.44, Florida Statutes, is amended to read:
  154         215.44 Board of Administration; powers and duties in
  155  relation to investment of trust funds.—
  156         (2)
  157         (d) The board shall produce a set of financial statements
  158  for the Florida Retirement System on an annual basis, which
  159  shall be reported to the Legislature and audited by a commercial
  160  independent third-party audit firm. For fiscal years beginning
  161  on or after July 1, 2020, the board shall annually publish the
  162  audited financial statements by November 30.
  163         Section 4. Section 215.80, Florida Statutes, is amended to
  164  read:
  165         215.80 Annual report.—The division or the State Board of
  166  Administration shall annually publish cause to be made at least
  167  once each year a comprehensive report of all debt service or
  168  other sinking funds for any bonds issued by the division for the
  169  state or any state agencies and the status of all such funds and
  170  accounts. Copies of such report must shall be filed with the
  171  secretary or assistant secretary of the board and shall be open
  172  to public inspection. For fiscal years beginning on or after
  173  July 1, 2020, the board shall annually publish the report by
  174  November 30.
  175         Section 5. Paragraph (a) of subsection (2) of section
  176  215.98, Florida Statutes, is amended to read:
  177         215.98 State debt fiscal responsibility.—
  178         (2) The Division of Bond Finance shall conduct a debt
  179  affordability analysis each year. Proposed capital projects that
  180  require funding by the issuance of additional state debt shall
  181  be evaluated on the basis of the analysis to assist the Governor
  182  and the Legislature in setting priorities among capital projects
  183  and related appropriations.
  184         (a) The Division of Bond Finance shall annually prepare a
  185  debt affordability report, to be presented to the governing
  186  board of the Division of Bond Finance, the President of the
  187  Senate, the Speaker of the House of Representatives, and the
  188  chair of each appropriations committee, and the Chief Financial
  189  Officer by November December 15 of each year, for purposes of
  190  providing a framework for the Legislature to evaluate and
  191  establish priorities for bills that propose the authorization of
  192  additional state debt during the next budget year.
  193         Section 6. Section 497.173, Florida Statutes, is created to
  194  read:
  195         497.173 Licensee in charge.—As required under this chapter,
  196  each licensed location shall have a full-time licensee in
  197  charge. The licensee in charge shall have an active license and
  198  may serve as the licensee in charge of no more than 4 licensed
  199  locations, provided the 2 furthest locations are no more than 75
  200  miles apart as measured in a straight line.
  201         Section 7. Paragraph (a) of subsection (3) of section
  202  497.263, Florida Statutes, is amended to read:
  203         497.263 Cemetery companies; license required; licensure
  204  requirements and procedures.—
  205         (3) ACTION CONCERNING APPLICATIONS.—If the licensing
  206  authority finds that the applicant meets the criteria
  207  established in subsection (2), the applicant shall be notified
  208  that a license will be issued when all of the following
  209  conditions are satisfied:
  210         (a) The establishment of a care and maintenance trust fund
  211  containing not less than $50,000 has been certified by a
  212  national or state trust company operating pursuant to chapter
  213  660, a state or national bank holding trust powers, or a savings
  214  and loan association holding trust powers as provided in s.
  215  497.458, pursuant to a trust agreement approved by the licensing
  216  authority. The $50,000 required for the care and maintenance
  217  trust fund shall be over and above the $50,000 net worth
  218  required by subsection (2).
  219         Section 8. Subsection (1) of section 497.266, Florida
  220  Statutes, is amended to read:
  221         497.266 Care and maintenance trust fund; remedy of
  222  department for noncompliance.—
  223         (1) No cemetery company may establish a cemetery, or
  224  operate a cemetery if already established, without providing for
  225  the future care and maintenance of the cemetery, for which a
  226  care and maintenance trust fund shall be established, to be
  227  known as “the care and maintenance trust fund of .....” The
  228  trust fund shall be established with a national or state trust
  229  company operating pursuant to chapter 660, with a state or
  230  national bank holding trust powers, or with a federal or state
  231  savings and loan association holding trust powers. Trust funds
  232  which are with a state or national bank or savings and loan
  233  association licensed in this state on October 1, 1993, shall
  234  remain in force; however, when the amount of any such trust fund
  235  exceeds the amount that is insured by an agency of the Federal
  236  Government, the cemetery company shall transfer that trust fund
  237  to a national or state trust company operating pursuant to
  238  chapter 660, to a state or national bank holding trust powers,
  239  or to a federal or state savings and loan association holding
  240  trust powers.
  241         Section 9. Section 497.376, Florida Statutes, is amended to
  242  read:
  243         497.376 Combination license as funeral director and
  244  embalmer permitted; required educational credentials.—
  245         (1) This chapter does not prohibit a person from holding a
  246  license as an embalmer and a license as a funeral director at
  247  the same time. There may be issued and renewed by the licensing
  248  authority a combination license as both funeral director and
  249  embalmer to persons meeting the separate requirements for both
  250  licenses as set forth in this chapter. The licensing authority
  251  may adopt rules providing procedures for applying for and
  252  renewing such combination license. The licensing authority may
  253  by rule establish application, renewal, and other fees for such
  254  combination license, which fees shall not exceed the sum of the
  255  maximum fees for the separate funeral director and embalmer
  256  license categories as provided in this chapter. Persons holding
  257  a combination license as a funeral director and an embalmer
  258  shall be subject to regulation under this chapter both as a
  259  funeral director and an embalmer.
  260         (2)Except as provided in s. 497.377, an applicant for a
  261  combination license as both funeral director and embalmer must
  262  hold the educational credentials required for licensure of a
  263  funeral director under s. 497.373(1)(d).
  264         Section 10. Section 497.377, Florida Statutes, is amended
  265  to read:
  266         497.377 Combination license as funeral director and
  267  embalmer; Concurrent internships.—
  268         (1)To meet internship requirements for combined licensure
  269  as a funeral director and an embalmer, the internship
  270  requirement for funeral directors and the internship requirement
  271  for embalmers and funeral directors may be served concurrently
  272  pursuant to rules adopted by the licensing authority.
  273         (2)(a)An applicant who has not completed the educational
  274  credentials required for a combination license as funeral
  275  director and embalmer is eligible for licensure as a combination
  276  funeral director and embalmer intern if the applicant:
  277         1. Is currently enrolled in and attending a college
  278  accredited by the American Board of Funeral Service Education
  279  (ABFSE) in an ABFSE accredited course of study in mortuary
  280  science;
  281         2.Has completed at least 75 percent of the course of study
  282  in mortuary science, as certified by the college in which the
  283  applicant is currently enrolled; and
  284         3. Has taken and received a passing grade in a college
  285  credit course in mortuary law or funeral service law and has
  286  taken and received a passing grade in a college credit course in
  287  ethics.
  288         (b) An application for internship for a combination funeral
  289  director and embalmer license must include the name and address
  290  of the funeral director licensed under s. 497.373 or s.
  291  497.374(1) and the embalmer licensed under s. 497.368 or s.
  292  497.369 under whose supervision the intern will receive training
  293  and the name of the licensed funeral establishment where the
  294  training will be conducted.
  295         (c) A combination funeral director and embalmer intern may
  296  perform only the tasks, functions, and duties relating to
  297  funeral directing and embalming which are performed under the
  298  direct supervision of a licensed funeral director who has an
  299  active, valid license under s. 497.373 or s. 497.374(1) and an
  300  embalmer who has an active, valid license under s. 497.368 or s.
  301  497.369. However, a combination funeral director and embalmer
  302  intern may perform those tasks, functions, and duties under the
  303  general supervision of a licensed funeral director and embalmer
  304  upon the intern’s graduation from a college accredited by the
  305  ABFSE with a degree as specified in s. 497.373(1)(d) and passage
  306  of the laws and rules examination required under s.
  307  497.373(2)(b) if, after 6 months of direct supervision, the
  308  funeral director in charge of the internship training agency
  309  certifies to the licensing agency that the intern is competent
  310  to complete the internship under general supervision.
  311         (d)1. A combination funeral director and embalmer intern
  312  license expires 1 year after issuance and, except as provided in
  313  subparagraph 2., may not be renewed.
  314         2. The licensing authority may adopt rules that allow a
  315  combination funeral director and embalmer intern to renew her or
  316  his funeral director and embalmer intern license for an
  317  additional 1-year period if the combination funeral director and
  318  embalmer intern demonstrates her or his failure to complete the
  319  internship before expiration of the license due to illness,
  320  personal injury, or other substantial hardship beyond her or his
  321  reasonable control or demonstrates that she or he has completed
  322  the requirements for licensure as a combination funeral director
  323  and embalmer but is awaiting the results of a licensure
  324  examination.
  325         Section 11. Subsection (7) of section 497.380, Florida
  326  Statutes, is amended to read:
  327         497.380 Funeral establishment; licensure; display of
  328  license.—
  329         (7) The supervision of facilities is subject to s. 497.173
  330  Each licensed funeral establishment shall have one full-time
  331  funeral director in charge and shall have a licensed funeral
  332  director reasonably available to the public during normal
  333  business hours for the establishment. The full-time funeral
  334  director in charge is responsible for ensuring that the
  335  facility, its operation, and all persons employed in the
  336  facility comply with all applicable state and federal laws and
  337  rules. The full-time funeral director in charge must have an
  338  active license and may not be the full-time funeral director in
  339  charge of any other funeral establishment or of any other direct
  340  disposal establishment. Effective October 1, 2010, The full-time
  341  funeral director in charge must hold an active, valid embalmer
  342  license or combination license as a funeral director and an
  343  embalmer. However, a funeral director may serve as funeral
  344  director in charge without an embalmer license or combination
  345  license if the establishment does not have an embalming room or
  346  refrigeration onsite, or may continue as the full-time funeral
  347  director in charge without an embalmer or combination license
  348  if, as of September 30, 2010:
  349         (a) The funeral establishment and the funeral director both
  350  have active, valid licenses.
  351         (b) The funeral director is currently the full-time funeral
  352  director in charge of the funeral establishment.
  353         (c) The name of the funeral director was included, as
  354  required in subsection (4), in the funeral establishment’s most
  355  recent application for issuance or renewal of its license or was
  356  included in the establishment’s report of change provided under
  357  paragraph (12)(c).
  358         Section 12. Subsection (2) of section 497.452, Florida
  359  Statutes, is amended to read:
  360         497.452 Preneed license required.—
  361         (2)(a) No person may receive any funds for payment on a
  362  preneed contract who does not hold a valid preneed license.
  363         (b) The provisions of paragraph (a) do not apply to a
  364  national or state trust company operating pursuant to chapter
  365  660, to a national or state bank holding trust powers, or to a
  366  federal or state savings and loan association having trust
  367  powers which company, bank, or association receives any money in
  368  trust pursuant to the sale of a preneed contract.
  369         Section 13. Subsection (8) of section 497.453, Florida
  370  Statutes, is amended to read:
  371         497.453 Application for preneed license, procedures and
  372  criteria; renewal; reports.—
  373         (8) ANNUAL TRUST REPORTS.—
  374         (a) On or before April 1 of each year, the preneed licensee
  375  shall file in the form prescribed by rule a full and true
  376  statement as to the activities of any trust established by it
  377  pursuant to this part for the preceding calendar year.
  378         (b)A preneed licensee that sold, or a group of preneed
  379  licensees under common control which sold in aggregate, 15,000
  380  or more preneed contracts in this state in the preceding year
  381  shall additionally comply with this paragraph.
  382         1.As used in this paragraph, the term:
  383         a.“Year 1” means a year in which a preneed licensee sells,
  384  or a group of preneed licensees under common control sells in
  385  aggregate, 15,000 or more preneed contracts in this state.
  386         b.“Year 2” means the year immediately after Year 1.
  387         2.As to each Year 1, the licensee or licensees shall,
  388  during Year 2:
  389         a.Prepare, with respect to each such licensee, a report of
  390  Florida preneed operations in Year 1 on a form prescribed by
  391  department rule;
  392         b.Cause and pay for such report to be audited by an
  393  independent certified public accounting firm concerning the
  394  accuracy and fairness of the presentation of the data provided
  395  in the report; and
  396         c.By December 31 of Year 2, provide the report to the
  397  division along with a written and signed opinion of the
  398  certified public accounting firm concerning the accuracy and
  399  fairness of the presentation of the data reported in the report.
  400         2.The report must be prepared and submitted using forms
  401  and procedures specified by department rule. The department may
  402  adopt rules specifying the format of the report and the
  403  information to be reported.
  404         Section 14. Subsection (4) of section 626.025, Florida
  405  Statutes, is amended to read:
  406         626.025 Consumer protections.—To transact insurance, agents
  407  shall comply with consumer protection laws, including the
  408  following, as applicable:
  409         (4) The submission of credit and character reports, as
  410  required by s. 626.171 or s. 626.521.
  411         Section 15. Subsection (1) of section 626.175, Florida
  412  Statutes, is amended to read:
  413         626.175 Temporary licensing.—
  414         (1) The department may issue a nonrenewable temporary
  415  license for a period not to exceed 6 months authorizing the
  416  appointment of a general lines insurance agent, or a life agent,
  417  or personal lines agent an industrial fire or burglary agent,
  418  subject to the conditions described in this section. The fees
  419  paid for a temporary license and appointment must shall be as
  420  specified in s. 624.501. Fees paid may shall not be refunded
  421  after a temporary license has been issued.
  422         (a) An applicant for a temporary license must be:
  423         1. A natural person at least 18 years of age.
  424         2. A United States citizen or legal alien who possesses
  425  work authorization from the United States Bureau of Citizenship
  426  and Immigration Services.
  427         (b)1. In the case of a general lines agent, the department
  428  may issue a temporary license to an employee, a family member, a
  429  business associate, or a personal representative of a licensed
  430  general lines agent for the purpose of continuing or winding up
  431  the business affairs of the agent or agency in the event the
  432  licensed agent has died or become unable to perform his or her
  433  duties because of military service or illness or other physical
  434  or mental disability, subject to the following conditions:
  435         a. No other individual connected with the agent’s business
  436  may be licensed as a general lines agent.
  437         b. The proposed temporary licensee shall be qualified for a
  438  regular general lines agent license under this code except as to
  439  residence, examination, education, or experience.
  440         c. Application for the temporary license shall have been
  441  made by the applicant upon statements and affidavit filed with
  442  the department on forms prescribed and furnished by the
  443  department.
  444         d. Under a temporary license and appointment, the licensee
  445  shall not represent any insurer not last represented by the
  446  agent being replaced and shall not be licensed or appointed as
  447  to any additional kind, line, or class of insurance other than
  448  those covered by the last existing agency appointments of the
  449  replaced agent. If an insurer withdraws from the agency during
  450  the temporary license period, the temporary licensee may be
  451  appointed by another similar insurer but only for the period
  452  remaining under the temporary license.
  453         2. A regular general lines agent license may be issued to a
  454  temporary licensee upon meeting the qualifications for a general
  455  lines agent license under s. 626.731.
  456         (c) In the case of a life agent, the department may issue a
  457  temporary license:
  458         1. To the executor or administrator of the estate of a
  459  deceased individual licensed and appointed as a life agent at
  460  the time of death;
  461         2. To a surviving next of kin of the deceased individual,
  462  if no administrator or executor has been appointed and
  463  qualified; however, any license and appointment under this
  464  subparagraph shall be canceled upon issuance of a license to an
  465  executor or administrator under subparagraph 1.; or
  466         3. To an individual otherwise qualified to be licensed as
  467  an agent who has completed the educational or training
  468  requirements prescribed in s. 626.7851 and who is appointed has
  469  successfully sat for the required examination prior to
  470  termination of such 6-month period. The department may issue
  471  this temporary license only in the case of a life agent to
  472  represent an insurer of the industrial or ordinary-combination
  473  class solely for the purpose of collecting premiums and
  474  servicing in-force policies. Such licensee may not directly or
  475  indirectly solicit, negotiate, or effect contracts of insurance.
  476         (d) In the case of a personal lines limited license
  477  authorizing appointment as an industrial fire or burglary agent,
  478  the department may issue a temporary license:
  479         1. To the executor or administrator of the estate of a
  480  deceased individual who was licensed and appointed as a personal
  481  lines agent at the time of his or her death;
  482         2. To a surviving next of kin of the deceased individual if
  483  no administrator or executor has been appointed and qualified.
  484  However, a license and appointment under this subparagraph must
  485  be canceled upon issuance of a license to an executor or
  486  administrator under subparagraph 1.; or
  487         3. To an individual otherwise qualified to be licensed as
  488  an agent, who has completed the educational or training
  489  requirements prescribed in s. 626.732 and who is appointed to
  490  represent an insurer of the industrial or ordinary-combination
  491  class solely for the purpose of collecting premiums and
  492  servicing in-force policies. Such licensee may not directly or
  493  indirectly solicit, negotiate, or effect contracts of insurance
  494  to an individual otherwise qualified to be licensed as an agent
  495  who has completed the educational or training requirements
  496  prescribed in s. 626.732 and has successfully sat for the
  497  required examination prior to termination of the 6-month period.
  498         Section 16. Paragraph (e) of subsection (2) of section
  499  626.221, Florida Statutes, is amended to read:
  500         626.221 Examination requirement; exemptions.—
  501         (2) However, an examination is not necessary for any of the
  502  following:
  503         (e) An applicant for an all-lines adjuster license who has
  504  been licensed as an all-lines adjuster and appointed as an
  505  independent adjuster or company employee adjuster if an
  506  application for licensure is filed with the department within 48
  507  months following the date of cancellation or expiration of the
  508  prior appointment.
  509         Section 17. Paragraph (d) of subsection (3) of section
  510  626.2815, Florida Statutes, is amended to read:
  511         626.2815 Continuing education requirements.—
  512         (3) Each licensee except a title insurance agent must
  513  complete a 5-hour update course every 2 years which is specific
  514  to the license held by the licensee. The course must be
  515  developed and offered by providers and approved by the
  516  department. The content of the course must address all lines of
  517  insurance for which examination and licensure are required and
  518  include the following subject areas: insurance law updates,
  519  ethics for insurance professionals, disciplinary trends and case
  520  studies, industry trends, premium discounts, determining
  521  suitability of products and services, and other similar
  522  insurance-related topics the department determines are relevant
  523  to legally and ethically carrying out the responsibilities of
  524  the license granted. A licensee who holds multiple insurance
  525  licenses must complete an update course that is specific to at
  526  least one of the licenses held. Except as otherwise specified,
  527  any remaining required hours of continuing education are
  528  elective and may consist of any continuing education course
  529  approved by the department under this section.
  530         (d) An individual who holds a license as a customer
  531  representative, limited customer representative, motor vehicle
  532  physical damage and mechanical breakdown insurance agent, or an
  533  industrial fire insurance or burglary insurance agent and who is
  534  not a licensed life or health agent, must also complete a
  535  minimum of 5 hours of continuing education courses every 2
  536  years.
  537         Section 18. Paragraphs (b) and (f) of subsection (1) of
  538  section 626.321, Florida Statutes, are amended to read:
  539         626.321 Limited licenses.—
  540         (1) The department shall issue to a qualified applicant a
  541  license as agent authorized to transact a limited class of
  542  business in any of the following categories of limited lines
  543  insurance:
  544         (b) Industrial fire insurance or burglary insurance.
  545  License covering only industrial fire insurance or burglary
  546  insurance. The applicant for such a license must pass a written
  547  examination covering such insurance. A licensee under this
  548  paragraph may not hold a license as an agent for any other or
  549  additional kind or class of insurance coverage except for life
  550  insurance and health insurance. Effective July 1, 2019, all
  551  licensees holding such limited license and appointment may renew
  552  the license and appointment, but no new or additional licenses
  553  may be issued pursuant to this paragraph and a licensee whose
  554  limited license under this paragraph has been terminated,
  555  suspended, or revoked may not have such license reinstated.
  556         (f) Crop hail and multiple-peril crop insurance.—License
  557  for insurance covering crops subject to unfavorable weather
  558  conditions, fire or lightning lightening, flood, hail, insect
  559  infestation, disease, or other yield-reducing conditions or
  560  perils which is provided by the private insurance market, or
  561  which is subsidized by the Federal Group Insurance Corporation
  562  including multi-peril crop insurance. Notwithstanding any other
  563  provision of law, the limited license may be issued to a bona
  564  fide salaried employee of an association chartered under the
  565  Farm Credit Act of 1971, 12 U.S.C. ss. 2001 et seq., who
  566  satisfactorily completes the examination prescribed by the
  567  department pursuant to s. 626.241(5). The agent must be
  568  appointed by, and his or her limited license requested by, a
  569  licensed general lines agent. All business transacted by the
  570  agent must be on behalf of, in the name of, and countersigned by
  571  the agent by whom he or she is appointed. Sections 626.561 and
  572  626.748, relating to records, apply to all business written
  573  pursuant to this section. The licensee may be appointed by and
  574  licensed for only one general lines agent or agency.
  575         Section 19. Subsection (1) of section 626.471, Florida
  576  Statutes, is amended to read:
  577         626.471 Termination of appointment.—
  578         (1) Subject to an appointee’s contract rights, an
  579  appointing entity may terminate its appointment of any appointee
  580  at any time. Except when termination is upon a ground that which
  581  would subject the appointee to suspension or revocation of his
  582  or her license and appointment under s. 626.611 or s. 626.621,
  583  and except as provided by contract between the appointing entity
  584  and the appointee, the appointing entity shall give at least 60
  585  days’ advance written notice of its intention to terminate such
  586  appointment to the appointee, either by delivery thereof to the
  587  appointee in person, or by mailing it, postage prepaid, or by e
  588  mail. If delivery is by mail or e-mail, the notice must be
  589  addressed to the appointee at his or her last mailing or e-mail
  590  address of record with the appointing entity. Notice is so
  591  mailed shall be deemed to have been given when deposited in a
  592  United States Postal Service mail depository or when the e-mail
  593  is sent, as applicable.
  594         Section 20. Section 626.521, Florida Statutes, is repealed.
  595         Section 21. Section 626.536, Florida Statutes, is amended
  596  to read:
  597         626.536 Reporting of administrative actions.—Within 30 days
  598  after the final disposition of an administrative action taken
  599  against a licensee or insurance agency by a governmental agency
  600  or other regulatory agency in this or any other state or
  601  jurisdiction relating to the business of insurance, the sale of
  602  securities, or activity involving fraud, dishonesty,
  603  trustworthiness, or breach of a fiduciary duty, the licensee or
  604  insurance agency must submit a copy of the order, consent to
  605  order, or other relevant legal documents to the department. The
  606  department may adopt rules to administer this section.
  607         Section 22. Subsection (7) is added to section 626.6215,
  608  Florida Statutes, to read:
  609         626.6215 Grounds for discretionary refusal, suspension, or
  610  revocation of insurance agency license.—The department may, in
  611  its discretion, deny, suspend, revoke, or refuse to continue the
  612  license of any insurance agency if it finds, as to any insurance
  613  agency or as to any majority owner, partner, manager, director,
  614  officer, or other person who manages or controls such insurance
  615  agency, that any one or more of the following applicable grounds
  616  exist:
  617         (7) A denial, suspension, or revocation of, or any other
  618  adverse administrative action against, a license to practice or
  619  conduct any regulated profession, business, or vocation by this
  620  state, any other state, any nation, any possession or district
  621  of the United States, any court, or any lawful agency thereof.
  622         Section 23. Section 626.729, Florida Statutes, is amended
  623  to read:
  624         626.729 “Industrial fire insurance” defined.—As used in For
  625  the purposes of this code, the term “industrial fire insurance”
  626  means: is
  627         (1) Insurance against loss by fire of either buildings and
  628  other structures or contents, which may include extended
  629  coverage;
  630         (2) Windstorm insurance;
  631         (3) Basic limits owners, landlords, or tenants liability
  632  insurance with single limits of $25,000;
  633         (4) Comprehensive personal liability insurance with a
  634  single limit of $25,000; or
  635         (5) Burglary insurance, under which the premiums are
  636  collected quarterly or more often and the face amount of the
  637  insurance provided by the policy on one risk is not more than
  638  $50,000, including the contents of such buildings and other
  639  structures, and the insurer issuing such policy is operating
  640  under a system of collecting a debit by its agents. A temporary
  641  license for an industrial fire or burglary agent issued pursuant
  642  to s. 626.175 shall be solely for the purpose of collecting
  643  premiums and servicing in-force policies, and such licensee
  644  shall not directly or indirectly solicit, negotiate, or effect
  645  contracts of insurance.
  646         Section 24. Section 626.7355, Florida Statutes, is
  647  repealed.
  648         Section 25. Subsection (9) of section 626.8437, Florida
  649  Statutes, is amended to read:
  650         626.8437 Grounds for denial, suspension, revocation, or
  651  refusal to renew license or appointment.—The department shall
  652  deny, suspend, revoke, or refuse to renew or continue the
  653  license or appointment of any title insurance agent or agency,
  654  and it shall suspend or revoke the eligibility to hold a license
  655  or appointment of such person, if it finds that as to the
  656  applicant, licensee, appointee, or any principal thereof, any
  657  one or more of the following grounds exist:
  658         (9) Willful failure to comply with, or willful violation
  659  of, any proper order or rule of the department or willful
  660  violation of any provision of the Florida Insurance Code this
  661  act.
  662         Section 26. Subsection (2) of section 626.844, Florida
  663  Statutes, is amended to read:
  664         626.844 Grounds for discretionary refusal, suspension, or
  665  revocation of license or appointment.—The department may, in its
  666  discretion, deny, suspend, revoke, or refuse to renew or
  667  continue the license or appointment of any title insurance agent
  668  or agency, and it may suspend or revoke the eligibility to hold
  669  a license or appointment of any such title insurance agent or
  670  agency if it finds that as to the applicant or licensee or
  671  appointee, or any principal thereof, any one or more of the
  672  following grounds exist under circumstances for which such
  673  denial, suspension, revocation, or refusal is not mandatory
  674  under s. 626.8437:
  675         (2) Violation of any provision of the Florida Insurance
  676  Code this act in the course of dealing under the license or
  677  appointment.
  678         Section 27. Paragraph (e) of subsection (1) and paragraphs
  679  (b) and (c) of subsection (2) of section 626.8732, Florida
  680  Statutes, are amended to read:
  681         626.8732 Nonresident public adjuster’s qualifications,
  682  bond.—
  683         (1) The department shall, upon application therefor, issue
  684  a license to an applicant for a nonresident public adjuster’s
  685  license upon determining that the applicant has paid the
  686  applicable license fees required under s. 624.501 and:
  687         (e) Has been licensed and employed as a public adjuster in
  688  the applicant’s state of residence on a continual basis for the
  689  past 6 months year, or, if the applicant’s state of residence
  690  does not issue licenses to individuals who act as public
  691  adjusters, the applicant has been licensed and employed as a
  692  resident insurance company adjuster, a public adjuster, or an
  693  independent adjuster in his or her state of residence or any
  694  other state on a continual basis for the past 6 months year.
  695         (2) The applicant shall furnish the following with his or
  696  her application:
  697         (b) If currently licensed as a resident public adjuster in
  698  the applicant’s state of residence, a certificate or letter of
  699  authorization from the licensing authority of the applicant’s
  700  state of residence, stating that the applicant holds a current
  701  or comparable license to act as a public adjuster and has held
  702  the license continuously for the past 6 months year. The
  703  certificate or letter of authorization must be signed by the
  704  insurance commissioner or his or her deputy or the appropriate
  705  licensing official and must disclose whether the adjuster has
  706  ever had any license or eligibility to hold any license
  707  declined, denied, suspended, revoked, or placed on probation or
  708  whether an administrative fine or penalty has been levied
  709  against the adjuster and, if so, the reason for the action.
  710         (c) If the applicant’s state of residence does not require
  711  licensure as a public adjuster and the applicant has been
  712  licensed as a resident insurance adjuster in his or her state of
  713  residence or any other state, a certificate or letter of
  714  authorization from the licensing authority stating that the
  715  applicant holds or has held a license to act as such an
  716  insurance adjuster and has held the license continuously for the
  717  past 6 months year. The certificate or letter of authorization
  718  must be signed by the insurance commissioner or his or her
  719  deputy or the appropriate licensing official and must disclose
  720  whether or not the adjuster has ever had any license or
  721  eligibility to hold any license declined, denied, suspended,
  722  revoked, or placed on probation or whether an administrative
  723  fine or penalty has been levied against the adjuster and, if so,
  724  the reason for the action.
  725         Section 28. Subsection (5) of section 627.7015, Florida
  726  Statutes, is amended to read:
  727         627.7015 Alternative procedure for resolution of disputed
  728  property insurance claims.—
  729         (5) All statements made and documents produced at a
  730  mediation conference shall be deemed to be settlement
  731  negotiations in anticipation of litigation within the scope of
  732  s. 90.408. A settlement through mediation, including the
  733  settlement amount, must be reported to all parties by the
  734  insurer within 10 days after the conclusion of the mediation
  735  conference. All parties to the mediation must negotiate in good
  736  faith and must have the authority to immediately settle the
  737  claim. Mediators are deemed to be agents of the department and
  738  shall have the immunity from suit provided in s. 44.107.
  739         Section 29. Paragraph (f) of subsection (1) of section
  740  633.218, Florida Statutes, is amended to read:
  741         633.218 Inspections of state buildings and premises; tests
  742  of firesafety equipment; building plans to be approved.—
  743         (1)
  744         (f) A state-owned building or state-leased building or
  745  space shall be identified through use of the United States
  746  National Grid Coordinate System.
  747         Section 30. Section 633.520, Florida Statutes, is amended
  748  to read:
  749         633.520 Safety; firefighter employer responsibilities;
  750  division rules.—
  751         (1) Every firefighter employer shall furnish and use safety
  752  devices and safeguards, adopt and use methods and processes
  753  reasonably adequate to render such an employment and place of
  754  employment safe, and do every other thing reasonably necessary
  755  to protect the lives, health, and safety of such firefighter
  756  employees. As used in this section, the terms “safe” and
  757  “safety,” as applied to any employment or place of employment,
  758  mean such freedom from danger as is reasonably necessary for the
  759  protection of the lives, health, and safety of firefighter
  760  employees, including conditions and methods of sanitation and
  761  hygiene. Safety devices and safeguards required to be furnished
  762  by the firefighter employer by this section or by the division
  763  under authority of this section do not include personal apparel
  764  and protective devices that replace personal apparel normally
  765  worn by firefighter employees during regular working hours.
  766         (2)The division shall adopt rules to establish employer
  767  cancer prevention best practices relating to personal protective
  768  equipment, decontamination, fire suppression apparatus, and fire
  769  stations.
  770         Section 31. Subsection (1) of section 648.49, Florida
  771  Statutes, is amended to read:
  772         648.49 Duration of suspension or revocation.—
  773         (1) The department shall, in its order suspending a license
  774  or appointment or in its order suspending the eligibility of a
  775  person to hold or apply for such a license or appointment,
  776  specify the period during which the suspension is to be in
  777  effect, but such period may not exceed 2 years. The license, or
  778  appointment, or and eligibility to hold a license or appointment
  779  must shall remain suspended during the period so specified;,
  780  subject, however, to any rescission or modification of the order
  781  by the department, or modification or reversal thereof by the
  782  court, prior to expiration of the suspension period. A license
  783  or appointment that which has been suspended may not be
  784  reinstated, nor may shall the eligibility to hold such license
  785  or appointment be reinstated, except upon the filing and
  786  approval of an application for request for such reinstatement.,
  787  but The department may not approve an application for grant such
  788  reinstatement if it finds that the circumstances for which the
  789  license or appointment was suspended still exist or are likely
  790  to recur. In each case involving suspension, the department has
  791  the discretion to require the former licensee to successfully
  792  complete a basic certification course in the criminal justice
  793  system, consisting of not less than 80 hours approved by the
  794  department.
  795         Section 32. Subsection (1) of section 717.123, Florida
  796  Statutes, is amended to read:
  797         717.123 Deposit of funds.—
  798         (1) All funds received under this chapter, including the
  799  proceeds from the sale of unclaimed property under s. 717.122,
  800  shall forthwith be deposited by the department in the Unclaimed
  801  Property Trust Fund. The department shall retain, from funds
  802  received under this chapter, an amount not exceeding $30 $15
  803  million from which the department shall make prompt payment of
  804  claims allowed by the department and shall pay the costs
  805  incurred by the department in administering and enforcing this
  806  chapter. All remaining funds received by the department under
  807  this chapter shall be deposited by the department into the State
  808  School Fund.
  809         Section 33. Present subsection (8) of section 717.124,
  810  Florida Statutes, is redesignated as subsection (11), a new
  811  subsection (8) and subsections (9) and (10) are added to that
  812  section, and subsection (7) of that section is amended, to read:
  813         717.124 Unclaimed property claims.—
  814         (7) The department may allow an apparent owner to
  815  electronically submit a claim for unclaimed property to the
  816  department. If a claim is submitted electronically for $5,000
  817  $1,000 or less, the department may use a method of identity
  818  verification other than a copy of a valid driver license, other
  819  government-issued photographic identification, or a sworn
  820  notarized statement. The department may adopt rules to implement
  821  this subsection.
  822         (8) Notwithstanding any other provision of this chapter,
  823  the department may develop and implement an identification
  824  verification and disbursement process by which accounts valued
  825  at $2,000 or less, after receipt by the department and after
  826  being added to the unclaimed property database, may be disbursed
  827  to an apparent owner after the department has verified that the
  828  apparent owner is living and has verified the apparent owner’s
  829  correct, current address. The department shall include with the
  830  payment a notification and an explanation of the dollar amount,
  831  source, and property type of each account included in the
  832  disbursement. The department may adopt rules to administer this
  833  subsection.
  834         (9) Notwithstanding any other provision of this chapter,
  835  the department may develop and implement a verification and
  836  disbursement process by which accounts, after receipt by the
  837  department and after being added to the unclaimed property
  838  database, for which the apparent owner is a governmental agency
  839  of this state or subdivision thereof; a county government of
  840  this state or a subdivision thereof; a public school district of
  841  this state or a subdivision thereof; a municipality of this
  842  state or a subdivision thereof; or a special taxing district of
  843  this state or authority, may be disbursed to the apparent owner
  844  entity or to the successor entity. The department shall include
  845  with the payment a notification and explanation of the dollar
  846  amount, source, and property type of each account included in
  847  the disbursement. The department may adopt rules to administer
  848  this subsection.
  849         (10) Notwithstanding any other provision of this chapter,
  850  the department may develop a process by which a registered
  851  claimant’s representative may electronically submit to the
  852  department electronic images of completed claims and claim
  853  related documents pursuant to this chapter, including limited
  854  powers of attorney and purchase agreements that have been
  855  personally signed and dated by a claimant or by a seller
  856  pursuant to s. 717.135 or s. 717.1351, after the original
  857  documents provided by the claimant or by the seller to the
  858  claimant’s representative are physically received and in the
  859  claimant’s representative’s possession for any respective claim.
  860  Each claim filed by a registered claimant’s representative must
  861  include a statement by the claimant’s representative or buyer
  862  accurately attesting that all documents are true copies of the
  863  original documents and that all original documents are
  864  physically in the possession of the claimant’s representative or
  865  buyer. All original documents must be kept in original form, by
  866  claim number, under the secure control of the claimant’s
  867  representative or buyer and must be made available for
  868  inspection by the department or other governmental agencies in
  869  accordance with s. 717.1315. The department may adopt rules to
  870  administer this subsection.
  871         Section 34. This act shall take effect July 1, 2019.