Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1158
Ì176642.Î176642
LEGISLATIVE ACTION
Senate . House
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The Committee on Banking and Insurance (DiCeglie) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (e) of subsection (2) and subsection
6 (6) of section 20.121, Florida Statutes, are amended to read:
7 20.121 Department of Financial Services.—There is created a
8 Department of Financial Services.
9 (2) DIVISIONS.—The Department of Financial Services shall
10 consist of the following divisions and office:
11 (e) The Division of Investigative and Forensic Services,
12 which shall function as a criminal justice agency for purposes
13 of ss. 943.045-943.08. The division may initiate and conduct
14 investigations into any matter under the jurisdiction of the
15 Chief Financial Officer and Fire Marshal within or outside of
16 this state as it deems necessary. If, during an investigation,
17 the division has reason to believe that any criminal law of this
18 state or the United States has or may have been violated, it
19 shall refer any records tending to show such violation to state
20 or federal law enforcement and, if applicable, federal or
21 prosecutorial agencies and shall provide investigative
22 assistance to those agencies as appropriate required. The
23 division shall include the following bureaus and office:
24 1. The Bureau of Forensic Services;
25 2. The Bureau of Fire, Arson, and Explosives
26 Investigations;
27 3. The Office of Fiscal Integrity, which shall have a
28 separate budget;
29 4. The Bureau of Insurance Fraud; and
30 5. The Bureau of Workers’ Compensation Fraud.
31 (6) STRATEGIC MARKETS RESEARCH AND ASSESSMENT UNIT.—The
32 Strategic Markets Research and Assessment Unit is established
33 within the Department of Financial Services. The Chief Financial
34 Officer or his or her designee shall report on September 1,
35 2008, and quarterly thereafter, to the Cabinet, the President of
36 the Senate, and the Speaker of the House of Representatives on
37 the status of the state’s financial services markets. At a
38 minimum, the report must include a summary of issues, trends,
39 and threats that broadly impact the condition of the financial
40 services industries, along with the effect of such conditions on
41 financial institutions, the securities industries, other
42 financial entities, and the credit market. The Chief Financial
43 Officer shall also provide findings and recommendations
44 regarding regulatory and policy changes to the Cabinet, the
45 President of the Senate, and the Speaker of the House of
46 Representatives.
47 Section 2. Paragraph (c) of subsection (1) of section
48 39.6035, Florida Statutes, is amended to read:
49 39.6035 Transition plan.—
50 (1) During the year after a child reaches 16 years of age,
51 the department and the community-based care lead agency, in
52 collaboration with the caregiver and any other individual whom
53 the child would like to include, shall assist the child in
54 developing a transition plan. The required transition plan is in
55 addition to standard case management requirements. The
56 transition plan must address specific options for the child to
57 use in obtaining services, including housing, health insurance,
58 education, financial literacy, a driver license, and workforce
59 support and employment services. The plan must also include
60 tasks to establish and maintain naturally occurring mentoring
61 relationships and other personal support services. The
62 transition plan may be as detailed as the child chooses. This
63 plan must be updated as needed before the child reaches 18 years
64 of age and after the child reaches 18 years of age if he or she
65 is receiving funding under s. 409.1451(2). In developing and
66 updating the transition plan, the department and the community
67 based care lead agency shall:
68 (c) Provide information for the financial literacy
69 curriculum for youth offered by the Department of Financial
70 Services.
71 Section 3. Subsections (2) and (4), paragraph (a) of
72 subsection (8), and subsection (12) of section 112.215, Florida
73 Statutes, are amended to read:
74 112.215 Government employees; deferred compensation
75 program.—
76 (2) For the purposes of this section, the term “government
77 employee” means any person employed, whether appointed, elected,
78 or under contract, by providing services for the state or any
79 governmental unit of the state, including, but not limited to,;
80 any state agency; any or county, municipality, or other
81 political subdivision of the state; any special district or
82 water management district, as the terms are defined in s.
83 189.012 municipality; any state university or Florida College
84 System institution, as the terms are defined in s. 1000.21(6)
85 and (3), respectively board of trustees; or any constitutional
86 county officer under s. 1(d), Art. VIII of the State
87 Constitution for which compensation or statutory fees are paid.
88 (4)(a) The Chief Financial Officer, with the approval of
89 the State Board of Administration, shall establish a state such
90 plan or plans of deferred compensation for government state
91 employees and may include persons employed by a state university
92 as defined in s. 1000.21, a special district as defined in s.
93 189.012, or a water management district as defined in s.
94 189.012, including all such investment vehicles or products
95 incident thereto, as may be available through, or offered by,
96 qualified companies or persons, and may approve one or more such
97 plans for implementation by and on behalf of the state and its
98 agencies and employees.
99 (b) If the Chief Financial Officer deems it advisable, he
100 or she shall have the power, with the approval of the State
101 Board of Administration, to create a trust or other special
102 funds for the segregation of funds or assets resulting from
103 compensation deferred at the request of government employees
104 participating in of the state plan or its agencies and for the
105 administration of such program.
106 (c) The Chief Financial Officer, with the approval of the
107 State Board of Administration, may delegate responsibility for
108 administration of the state plan to a person the Chief Financial
109 Officer determines to be qualified, compensate such person, and,
110 directly or through such person or pursuant to a collective
111 bargaining agreement, contract with a private corporation or
112 institution to provide such services as may be part of any such
113 plan or as may be deemed necessary or proper by the Chief
114 Financial Officer or such person, including, but not limited to,
115 providing consolidated billing, individual and collective
116 recordkeeping and accountings, asset purchase, control, and
117 safekeeping, and direct disbursement of funds to employees or
118 other beneficiaries. The Chief Financial Officer may authorize a
119 person, private corporation, or institution to make direct
120 disbursement of funds under the state plan to an employee or
121 other beneficiary.
122 (d) In accordance with such approved plan, and upon
123 contract or agreement with an eligible government employee,
124 deferrals of compensation may be accomplished by payroll
125 deductions made by the appropriate officer or officers of the
126 state, with such funds being thereafter held and administered in
127 accordance with the plan.
128 (e) The administrative costs of the deferred compensation
129 plan must be wholly or partially self-funded. Fees for such
130 self-funding of the plan shall be paid by investment providers
131 and may be recouped from their respective plan participants.
132 Such fees shall be deposited in the Deferred Compensation Trust
133 Fund.
134 (8)(a) There is created a Deferred Compensation Advisory
135 Council composed of eight seven members.
136 1. One member shall be appointed by the Speaker of the
137 House of Representatives and the President of the Senate jointly
138 and shall be an employee of the legislative branch.
139 2. One member shall be appointed by the Chief Justice of
140 the Supreme Court and shall be an employee of the judicial
141 branch.
142 3. One member shall be appointed by the chair of the Public
143 Employees Relations Commission and shall be a nonexempt public
144 employee.
145 4. The remaining five four members shall be employed by the
146 executive branch and shall be appointed as follows:
147 a. One member shall be appointed by the Chancellor of the
148 State University System and shall be an employee of the
149 university system.
150 b. One member shall be appointed by the Chief Financial
151 Officer and shall be an employee of the Chief Financial Officer.
152 c. One member shall be appointed by the Governor and shall
153 be an employee of the executive branch.
154 d. One member shall be appointed by the Executive Director
155 of the State Board of Administration and shall be an employee of
156 the State Board of Administration.
157 e. One member shall be appointed by the Chancellor of the
158 Florida College System and shall be an employee of the Florida
159 College System.
160 (12) The Chief Financial Officer may adopt any rule
161 necessary to administer and implement this act with respect to
162 the state deferred compensation plan or plans for state
163 employees and persons employed by a state university as defined
164 in s. 1000.21, a special district as defined in s. 189.012, or a
165 water management district as defined in s. 189.012.
166 Section 4. Subsection (13) of section 215.422, Florida
167 Statutes, is amended to read:
168 215.422 Payments, warrants, and invoices; processing time
169 limits; dispute resolution; agency or judicial branch
170 compliance.—
171 (13) Notwithstanding the provisions of subsections (3) and
172 (12), in order to alleviate any hardship that may be caused to a
173 health care provider as a result of delay in receiving
174 reimbursement for services, any payment or payments for
175 hospital, medical, or other health care services which are to be
176 reimbursed by a state agency or the judicial branch, either
177 directly or indirectly, shall be made to the health care
178 provider not more than 40 35 days from the date eligibility for
179 payment of such claim is determined. If payment is not issued to
180 a health care provider within 40 35 days after the date
181 eligibility for payment of the claim is determined, the state
182 agency or the judicial branch shall pay the health care provider
183 interest at a rate of 1 percent per month calculated on a
184 calendar day basis on the unpaid balance from the expiration of
185 such 40-day 35-day period until such time as payment is made to
186 the health care provider, unless a waiver in whole has been
187 granted by the Department of Financial Services pursuant to
188 subsection (1) or subsection (2).
189 Section 5. Subsection (1) of section 274.01, Florida
190 Statutes, is amended to read:
191 274.01 Definitions.—The following words as used in this act
192 have the meanings set forth in the below subsections, unless a
193 different meaning is required by the context:
194 (1) “Governmental unit” means the governing board,
195 commission, or authority of a county, a county agency, a
196 municipality, a special district as defined in s. 189.012 or
197 taxing district of the state, or the sheriff of the county.
198 Section 6. Paragraph (b) of subsection (3) of section
199 409.1451, Florida Statutes, is amended to read:
200 409.1451 The Road-to-Independence Program.—
201 (3) AFTERCARE SERVICES.—
202 (b) Aftercare services include, but are not limited to, the
203 following:
204 1. Mentoring and tutoring.
205 2. Mental health services and substance abuse counseling.
206 3. Life skills classes, including credit management and
207 preventive health activities.
208 4. Parenting classes.
209 5. Job and career skills training.
210 6. Counselor consultations.
211 7. Temporary financial assistance for necessities,
212 including, but not limited to, education supplies,
213 transportation expenses, security deposits for rent and
214 utilities, furnishings, household goods, and other basic living
215 expenses.
216 8. Temporary financial assistance to address emergency
217 situations, including, but not limited to, automobile repairs or
218 large medical expenses.
219 9. Financial literacy skills training under s.
220 39.6035(1)(c).
221
222 The specific services to be provided under this paragraph shall
223 be determined by an assessment of the young adult and may be
224 provided by the community-based care provider or through
225 referrals in the community.
226 Section 7. Paragraph (c) of subsection (9) and subsections
227 (12) and (14) of section 440.13, Florida Statutes, are amended
228 to read:
229 440.13 Medical services and supplies; penalty for
230 violations; limitations.—
231 (9) EXPERT MEDICAL ADVISORS.—
232 (c) If there is disagreement in the opinions of the health
233 care providers, if two health care providers disagree on medical
234 evidence supporting the employee’s complaints or the need for
235 additional medical treatment, or if two health care providers
236 disagree that the employee is able to return to work, the
237 department may, and the judge of compensation claims may shall,
238 upon his or her own motion or within 15 days after receipt of a
239 written request by either the injured employee, the employer, or
240 the carrier, order the injured employee to be evaluated by an
241 expert medical advisor. The injured employee and the employer or
242 carrier may agree on the health care provider to serve as an
243 expert medical advisor. If the parties do not agree, the judge
244 of compensation claims shall select an expert medical advisor
245 from the department’s list of certified expert medical advisors.
246 If a certified medical advisor within the relevant medical
247 specialty is unavailable, the judge of compensation claims shall
248 appoint any otherwise qualified health care provider to serve as
249 an expert medical advisor without obtaining the department’s
250 certification. The opinion of the expert medical advisor is
251 presumed to be correct unless there is clear and convincing
252 evidence to the contrary as determined by the judge of
253 compensation claims. The expert medical advisor appointed to
254 conduct the evaluation shall have free and complete access to
255 the medical records of the employee. An employee who fails to
256 report to and cooperate with such evaluation forfeits
257 entitlement to compensation during the period of failure to
258 report or cooperate.
259 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
260 REIMBURSEMENT ALLOWANCES.—
261 (a) A three-member panel is created, consisting of the
262 Chief Financial Officer, or the Chief Financial Officer’s
263 designee, and two members to be appointed by the Governor,
264 subject to confirmation by the Senate, one member who, on
265 account of present or previous vocation, employment, or
266 affiliation, shall be classified as a representative of
267 employers, the other member who, on account of previous
268 vocation, employment, or affiliation, shall be classified as a
269 representative of employees. The panel shall determine statewide
270 schedules of maximum reimbursement allowances for medically
271 necessary treatment, care, and attendance provided by
272 physicians, hospitals and, ambulatory surgical centers, work
273 hardening programs, pain programs, and durable medical
274 equipment. The maximum reimbursement allowances for inpatient
275 hospital care shall be based on a schedule of per diem rates, to
276 be approved by the three-member panel no later than March 1,
277 1994, to be used in conjunction with a precertification manual
278 as determined by the department, including maximum hours in
279 which an outpatient may remain in observation status, which
280 shall not exceed 23 hours. All compensable charges for hospital
281 outpatient care shall be reimbursed at 75 percent of usual and
282 customary charges, except as otherwise provided by this
283 subsection. Annually, the three-member panel shall adopt
284 schedules of maximum reimbursement allowances for physicians,
285 hospital inpatient care, hospital outpatient care, and
286 ambulatory surgical centers, work-hardening programs, and pain
287 programs. A An individual physician, hospital or an, ambulatory
288 surgical center, pain program, or work-hardening program shall
289 be reimbursed either the agreed-upon contract price or the
290 maximum reimbursement allowance in the appropriate schedule.
291 (b) It is the intent of the Legislature to increase the
292 schedule of maximum reimbursement allowances for selected
293 physicians effective January 1, 2004, and to pay for the
294 increases through reductions in payments to hospitals. Revisions
295 developed pursuant to this subsection are limited to the
296 following:
297 1. Payments for outpatient physical, occupational, and
298 speech therapy provided by hospitals shall be reduced to the
299 schedule of maximum reimbursement allowances for these services
300 which applies to nonhospital providers.
301 (c)2. Payments for scheduled outpatient nonemergency
302 radiological and clinical laboratory services that are not
303 provided in conjunction with a surgical procedure shall be
304 reduced to the schedule of maximum reimbursement allowances for
305 these services which applies to nonhospital providers.
306 (d)3. Outpatient reimbursement for scheduled surgeries
307 shall be reduced from 75 percent of charges to 60 percent of
308 charges.
309 (e)1. By July 1 of each year, the department shall notify
310 carriers and self-insurers of the physician and nonhospital
311 services schedule of maximum reimbursement allowances. The
312 notice must include publication of this schedule of maximum
313 reimbursement allowances on the division’s website. This
314 schedule is not subject to approval by the three-member panel
315 and does not include reimbursement for prescription medication.
316 2. Subparagraph 1. shall take effect January 1, following
317 the July 1, 2024, notice of the physician and nonhospital
318 services schedule of maximum reimbursement allowances which the
319 department provides to carriers and self-insurers.
320 (f)4. Maximum reimbursement for a physician licensed under
321 chapter 458 or chapter 459 shall be increased to 110 percent of
322 the reimbursement allowed by Medicare, using appropriate codes
323 and modifiers or the medical reimbursement level adopted by the
324 three-member panel as of January 1, 2003, whichever is greater.
325 (g)5. Maximum reimbursement for surgical procedures shall
326 be increased to 140 percent of the reimbursement allowed by
327 Medicare or the medical reimbursement level adopted by the
328 three-member panel as of January 1, 2003, whichever is greater.
329 (h)(c) As to reimbursement for a prescription medication,
330 the reimbursement amount for a prescription shall be the average
331 wholesale price plus $4.18 for the dispensing fee. For
332 repackaged or relabeled prescription medications dispensed by a
333 dispensing practitioner as provided in s. 465.0276, the fee
334 schedule for reimbursement shall be 112.5 percent of the average
335 wholesale price, plus $8.00 for the dispensing fee. For purposes
336 of this subsection, the average wholesale price shall be
337 calculated by multiplying the number of units dispensed times
338 the per-unit average wholesale price set by the original
339 manufacturer of the underlying drug dispensed by the
340 practitioner, based upon the published manufacturer’s average
341 wholesale price published in the Medi-Span Master Drug Database
342 as of the date of dispensing. All pharmaceutical claims
343 submitted for repackaged or relabeled prescription medications
344 must include the National Drug Code of the original
345 manufacturer. Fees for pharmaceuticals and pharmaceutical
346 services shall be reimbursable at the applicable fee schedule
347 amount except where the employer or carrier, or a service
348 company, third party administrator, or any entity acting on
349 behalf of the employer or carrier directly contracts with the
350 provider seeking reimbursement for a lower amount.
351 (i)(d) Reimbursement for all fees and other charges for
352 such treatment, care, and attendance, including treatment, care,
353 and attendance provided by any hospital or other health care
354 provider, ambulatory surgical center, work-hardening program, or
355 pain program, must not exceed the amounts provided by the
356 uniform schedule of maximum reimbursement allowances as
357 determined by the panel or as otherwise provided in this
358 section. This subsection also applies to independent medical
359 examinations performed by health care providers under this
360 chapter. In determining the uniform schedule, the panel shall
361 first approve the data which it finds representative of
362 prevailing charges in the state for similar treatment, care, and
363 attendance of injured persons. Each health care provider, health
364 care facility, ambulatory surgical center, work-hardening
365 program, or pain program receiving workers’ compensation
366 payments shall maintain records verifying their usual charges.
367 In establishing the uniform schedule of maximum reimbursement
368 allowances, the panel must consider:
369 1. The levels of reimbursement for similar treatment, care,
370 and attendance made by other health care programs or third-party
371 providers;
372 2. The impact upon cost to employers for providing a level
373 of reimbursement for treatment, care, and attendance which will
374 ensure the availability of treatment, care, and attendance
375 required by injured workers; and
376 3. The financial impact of the reimbursement allowances
377 upon health care providers and health care facilities, including
378 trauma centers as defined in s. 395.4001, and its effect upon
379 their ability to make available to injured workers such
380 medically necessary remedial treatment, care, and attendance.
381 The uniform schedule of maximum reimbursement allowances must be
382 reasonable, must promote health care cost containment and
383 efficiency with respect to the workers’ compensation health care
384 delivery system, and must be sufficient to ensure availability
385 of such medically necessary remedial treatment, care, and
386 attendance to injured workers; and
387 4. The most recent average maximum allowable rate of
388 increase for hospitals determined by the Health Care Board under
389 chapter 408.
390 (j)(e) In addition to establishing the uniform schedule of
391 maximum reimbursement allowances, the panel shall:
392 1. Take testimony, receive records, and collect data to
393 evaluate the adequacy of the workers’ compensation fee schedule,
394 nationally recognized fee schedules and alternative methods of
395 reimbursement to health care providers and health care
396 facilities for inpatient and outpatient treatment and care.
397 2. Survey health care providers and health care facilities
398 to determine the availability and accessibility of workers’
399 compensation health care delivery systems for injured workers.
400 3. Survey carriers to determine the estimated impact on
401 carrier costs and workers’ compensation premium rates by
402 implementing changes to the carrier reimbursement schedule or
403 implementing alternative reimbursement methods.
404 4. Submit recommendations on or before January 15, 2017,
405 and biennially thereafter, to the President of the Senate and
406 the Speaker of the House of Representatives on methods to
407 improve the workers’ compensation health care delivery system.
408
409 The department, as requested, shall provide data to the panel,
410 including, but not limited to, utilization trends in the
411 workers’ compensation health care delivery system. The
412 department shall provide the panel with an annual report
413 regarding the resolution of medical reimbursement disputes and
414 any actions pursuant to subsection (8). The department shall
415 provide administrative support and service to the panel to the
416 extent requested by the panel. For prescription medication
417 purchased under the requirements of this subsection, a
418 dispensing practitioner shall not possess such medication unless
419 payment has been made by the practitioner, the practitioner’s
420 professional practice, or the practitioner’s practice management
421 company or employer to the supplying manufacturer, wholesaler,
422 distributor, or drug repackager within 60 days of the dispensing
423 practitioner taking possession of that medication.
424 (14) PRACTICE PARAMETERS.—The practice parameters and
425 protocols mandated under this chapter shall be the practice
426 parameters and protocols adopted by the United States Agency for
427 Healthcare Research and Quality in effect on January 1, 2003.
428 Section 8. Subsection (8) is added to section 440.38,
429 Florida Statutes, to read:
430 440.38 Security for compensation; insurance carriers and
431 self-insurers.—
432 (8) Any form used by the department to evidence an
433 employer’s workers’ compensation coverage under paragraph (1)(a)
434 must contain all of the following:
435 (a) The governing class code or codes.
436 (b) Payroll information.
437 (c) The total number of employees covered by the workers’
438 compensation insurance policy.
439 Section 9. Effective January 1, 2024, subsection (2) of
440 section 440.385, Florida Statutes, is amended to read:
441 440.385 Florida Self-Insurers Guaranty Association,
442 Incorporated.—
443 (2) BOARD OF DIRECTORS.—The board of directors of the
444 association shall consist of nine persons and shall be organized
445 as established in the plan of operation. Each director must All
446 board members shall be experienced in self-insurance in this
447 state. Each director shall serve for a 4-year term and may be
448 reappointed. Appointments after January 1, 2002, shall be made
449 by the department upon recommendation of members of the
450 association or other persons with experience in self-insurance
451 as determined by the Chief Financial Officer. Any vacancy on the
452 board shall be filled for the remaining period of the term in
453 the same manner as appointments other than initial appointments
454 are made. Each director shall be reimbursed for expenses
455 incurred in carrying out the duties of the board on behalf of
456 the association.
457 (a) The Chief Financial Officer may remove a director from
458 office for misconduct, malfeasance, misfeasance, or neglect of
459 duty. Any vacancy so created shall be filled as provided in this
460 subsection.
461 (b) Directors are subject to the code of ethics under part
462 III of chapter 112, including, but not limited to, the code of
463 ethics and public disclosure and reporting of financial
464 interests, pursuant to s. 112.3145. For purposes of applying
465 part III of chapter 112 to activities of members of the board of
466 directors, those persons are considered public officers and the
467 association is considered their agency. Notwithstanding s.
468 112.3143(2), a director may not vote on any measure that he or
469 she knows would inure to his or her special private gain or
470 loss; that he or she knows would inure to the special private
471 gain or loss of any principal by which he or she is retained,
472 other than an agency as defined in s. 112.312; or that he or she
473 knows would inure to the special private gain or loss of a
474 relative or business associate of the public officer. Before the
475 vote is taken, such director shall publicly state to the board
476 the nature of his or her interest in the matter from which he or
477 she is abstaining from voting and, within 15 days after the vote
478 occurs, disclose the nature of his or her interest as a public
479 record in a memorandum filed with the person responsible for
480 recording the minutes of the meeting, who shall incorporate the
481 memorandum in the minutes.
482 (c) Notwithstanding s. 112.3148, s. 112.3149, or any other
483 law, an employee of the association or a director may not
484 knowingly accept, directly or indirectly, any gift or
485 expenditure from a person or an entity, or an employee or a
486 representative of such person or entity, which has a contractual
487 relationship with the association or which is under
488 consideration for a contract.
489 (d) A director who fails to comply with paragraph (b) or
490 paragraph (c) is subject to the penalties provided under ss.
491 112.317 and 112.3173.
492 Section 10. Subsection (1) of section 624.1265, Florida
493 Statutes, is amended to read:
494 624.1265 Nonprofit religious organization exemption;
495 authority; notice.—
496 (1) A nonprofit religious organization is not subject to
497 the requirements of the Florida Insurance Code if the nonprofit
498 religious organization:
499 (a) Qualifies under Title 26, s. 501 of the Internal
500 Revenue Code of 1986, as amended;
501 (b) Limits its participants to those members who share a
502 common set of ethical or religious beliefs;
503 (c) Acts as a facilitator among participants who have
504 financial, physical, or medical needs to assist those with
505 financial, physical, or medical needs in accordance with
506 criteria established by the nonprofit religious organization;
507 (d) Provides for the financial or medical needs of a
508 participant through contributions from other participants, or
509 through payments directly from one participant to another
510 participant;
511 (e) Provides amounts that participants may contribute, with
512 no assumption of risk and no promise to pay:
513 1. Among the participants; or
514 2. By the nonprofit religious organization to the
515 participants;
516 (f) Provides a monthly accounting to the participants of
517 the total dollar amount of qualified needs actually shared in
518 the previous month in accordance with criteria established by
519 the nonprofit religious organization; and
520 (g) Conducts an annual audit that is performed by an
521 independent certified public accounting firm in accordance with
522 generally accepted accounting principles and that is made
523 available to the public by providing a copy upon request or by
524 posting on the nonprofit religious organization’s website; and
525 (h) Does not market or sell health plans by agents licensed
526 by the department under chapter 626.
527 Section 11. Subsection (25) of section 624.501, Florida
528 Statutes, is amended to read:
529 624.501 Filing, license, appointment, and miscellaneous
530 fees.—The department, commission, or office, as appropriate,
531 shall collect in advance, and persons so served shall pay to it
532 in advance, fees, licenses, and miscellaneous charges as
533 follows:
534 (25) Reinsurance intermediary:
535 (a) Application filing and license fee $50.00
536 (b) Original appointment and biennial renewal or
537 continuation thereof, appointment fee $60.00
538 Section 12. Subsection (5) of section 626.015, Florida
539 Statutes, is amended to read:
540 626.015 Definitions.—As used in this part:
541 (5) “Association” includes the Florida Association of
542 Insurance Agents (FAIA), the National Association of Insurance
543 and Financial Advisors (NAIFA), the National Association of
544 Benefits and Insurance Professionals Florida Chapter (NABIP
545 Florida) Florida Association of Health Underwriters (FAHU), the
546 Latin American Association of Insurance Agencies (LAAIA), the
547 Florida Association of Public Insurance Adjusters (FAPIA), the
548 Florida Bail Agents Association (FBAA), or the Professional Bail
549 Agents of the United States (PBUS).
550 Section 13. Subsection (4) of section 626.171, Florida
551 Statutes, is amended to read:
552 626.171 Application for license as an agent, customer
553 representative, adjuster, service representative, or reinsurance
554 intermediary.—
555 (4) An applicant for a license issued by the department
556 under this chapter must submit a set of the individual
557 applicant’s fingerprints, or, if the applicant is not an
558 individual, a set of the fingerprints of the sole proprietor,
559 majority owner, partners, officers, and directors, to the
560 department and must pay the fingerprint processing fee set forth
561 in s. 624.501. Fingerprints must be processed in accordance with
562 s. 624.34 and used to investigate the applicant’s qualifications
563 pursuant to s. 626.201. The fingerprints must be taken by a law
564 enforcement agency, designated examination center, or other
565 department-approved entity. The department shall require all
566 designated examination centers to have fingerprinting equipment
567 and to take fingerprints from any applicant or prospective
568 applicant who pays the applicable fee. The department may not
569 approve an application for licensure as an agent, customer
570 service representative, adjuster, service representative, or
571 reinsurance intermediary if fingerprints have not been
572 submitted.
573 Section 14. Paragraph (c) of subsection (1) of section
574 626.173, Florida Statutes, is amended to read:
575 626.173 Insurance agency closure; cancellation of
576 licenses.—
577 (1) If a licensed insurance agency permanently ceases the
578 transacting of insurance or ceases the transacting of insurance
579 for more than 30 days, the agent in charge, the director of the
580 agency, or other officer listed on the original application for
581 licensure must, within 35 days after the agency first ceases the
582 transacting of insurance, do all of the following:
583 (c) Notify all policyholders currently insured by a policy
584 written, produced, or serviced by the agency of the agency’s
585 cessation of operations; the date on which operations ceased;
586 and the identity of the agency or agent to which the agency’s
587 current book of business has been transferred or, if no transfer
588 has occurred, a statement directing the policyholder to contact
589 the insurance company for assistance in locating a licensed
590 agent to service the policy. This paragraph does not apply to
591 title insurance, life insurance, or annuity contracts.
592 Section 15. Subsection (8) of section 626.207, Florida
593 Statutes, is amended to read:
594 626.207 Disqualification of applicants and licensees;
595 penalties against licensees; rulemaking authority.—
596 (8) The department shall adopt rules establishing specific
597 penalties against licensees in accordance with ss. 626.641 and
598 626.651 for violations of s. 626.112(7) or (9), s. 626.611, s.
599 626.6115, s. 626.621, s. 626.6215, s. 626.7451, s. 626.8437, s.
600 626.844, s. 626.8695, s. 626.8697, s. 626.8698, s. 626.935, s.
601 634.181, s. 634.191, s. 634.320, s. 634.321, s. 634.422, s.
602 634.423, s. 642.041, or s. 642.043. The purpose of the
603 revocation or suspension is to provide a sufficient penalty to
604 deter future violations of the Florida Insurance Code. The
605 imposition of a revocation or the length of suspension shall be
606 based on the type of conduct and the probability that the
607 propensity to commit further illegal conduct has been overcome
608 at the time of eligibility for relicensure. The length of
609 suspension may be adjusted based on aggravating or mitigating
610 factors, established by rule and consistent with this purpose.
611 Section 16. Paragraph (j) of subsection (2) of section
612 626.221, Florida Statutes, is amended to read:
613 626.221 Examination requirement; exemptions.—
614 (2) However, an examination is not necessary for any of the
615 following:
616 (j) An applicant for license as an all-lines adjuster who
617 has the designation of Accredited Claims Adjuster (ACA) from a
618 regionally accredited postsecondary institution in this state;
619 Certified All Lines Adjuster (CALA) from Kaplan Financial
620 Education; Associate in Claims (AIC) from the Insurance
621 Institute of America; Professional Claims Adjuster (PCA) from
622 the Professional Career Institute; Professional Property
623 Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
624 Certified Adjuster (CA) from ALL LINES Training; Certified
625 Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster
626 Certified Professional (CACP) from WebCE, Inc.; Accredited
627 Insurance Claims Specialist (AICS) from Encore Claim Services;
628 Professional in Claims (PIC) from 2021 Training, LLC; or
629 Universal Claims Certification (UCC) from Claims and Litigation
630 Management Alliance (CLM) whose curriculum has been approved by
631 the department and which includes comprehensive analysis of
632 basic property and casualty lines of insurance and testing at
633 least equal to that of standard department testing for the all
634 lines adjuster license. The department shall adopt rules
635 establishing standards for the approval of curriculum.
636 Section 17. Paragraphs (c) and (f) of subsection (3) of
637 section 626.2815, Florida Statutes, are amended to read:
638 626.2815 Continuing education requirements.—
639 (3) Each licensee except a title insurance agent must
640 complete a 4-hour update course every 2 years which is specific
641 to the license held by the licensee. The course must be
642 developed and offered by providers and approved by the
643 department. The content of the course must address all lines of
644 insurance for which examination and licensure are required and
645 include the following subject areas: insurance law updates,
646 ethics for insurance professionals, disciplinary trends and case
647 studies, industry trends, premium discounts, determining
648 suitability of products and services, and other similar
649 insurance-related topics the department determines are relevant
650 to legally and ethically carrying out the responsibilities of
651 the license granted. A licensee who holds multiple insurance
652 licenses must complete an update course that is specific to at
653 least one of the licenses held. Except as otherwise specified,
654 any remaining required hours of continuing education are
655 elective and may consist of any continuing education course
656 approved by the department under this section.
657 (c) A licensee who has been licensed for 25 years or more
658 and is a CLU or a CPCU or has a Bachelor of Science degree or
659 higher in risk management or insurance with evidence of 18 or
660 more semester hours in insurance-related courses must also
661 complete a minimum of 6 hours of elective continuing education
662 courses every 2 years.
663 (f) Elective continuing education courses for public
664 adjusters may must be any course related to commercial and
665 residential property coverages, claim adjusting practices, and
666 any other adjuster elective courses specifically designed for
667 public adjusters and approved by the department. Notwithstanding
668 this subsection, public adjusters for workers’ compensation
669 insurance or health insurance are not required to take
670 continuing education courses pursuant to this section.
671 Section 18. Paragraphs (a), (b), and (e) of subsection (1)
672 of section 626.321, Florida Statutes, are amended, and paragraph
673 (i) is added to that subsection, to read:
674 626.321 Limited licenses and registration.—
675 (1) The department shall issue to a qualified applicant a
676 license as agent authorized to transact a limited class of
677 business in any of the following categories of limited lines
678 insurance:
679 (a) Motor vehicle physical damage and mechanical breakdown
680 insurance.—License covering insurance against only the loss of
681 or damage to a motor vehicle that is designed for use upon a
682 highway, including trailers and semitrailers designed for use
683 with such vehicles. Such license also covers insurance against
684 the failure of an original or replacement part to perform any
685 function for which it was designed. A licensee under this
686 paragraph may not hold a license as an agent for any other or
687 additional kind or class of insurance coverage except a limited
688 license for credit insurance as provided in paragraph (e).
689 Effective October 1, 2012, all licensees holding such limited
690 license and appointment may renew the license and appointment,
691 but no new or additional licenses may be issued pursuant to this
692 paragraph, and a licensee whose limited license under this
693 paragraph has been terminated, suspended, or revoked may not
694 have such license reinstated.
695 (b) Industrial fire insurance or burglary insurance.
696 License covering only industrial fire insurance or burglary
697 insurance. A licensee under this paragraph may not hold a
698 license as an agent for any other or additional kind or class of
699 insurance coverage except for life insurance and health
700 insurance. Effective July 1, 2019, all licensees holding such
701 limited license and appointment may renew the license and
702 appointment, but no new or additional licenses may be issued
703 pursuant to this paragraph, and a licensee whose limited license
704 under this paragraph has been terminated, suspended, or revoked
705 may not have such license reinstated.
706 (e) Credit insurance.—License covering credit life, credit
707 disability, credit property, credit unemployment, involuntary
708 unemployment, mortgage life, mortgage guaranty, mortgage
709 disability, guaranteed automobile protection (GAP) insurance,
710 and any other form of insurance offered in connection with an
711 extension of credit which is limited to partially or wholly
712 extinguishing a credit obligation that the department determines
713 should be designated a form of limited line credit insurance.
714 Effective October 1, 2012, all valid licenses held by persons
715 for any of the lines of insurance listed in this paragraph shall
716 be converted to a credit insurance license. Licensees who wish
717 to obtain a new license reflecting such change must request a
718 duplicate license and pay a $5 fee as specified in s.
719 624.501(15). The license may be issued only to an individual
720 employed by a life or health insurer as an officer or other
721 salaried or commissioned representative, to an individual
722 employed by or associated with a lending or financial
723 institution or creditor, or to a lending or financial
724 institution or creditor, and may authorize the sale of such
725 insurance only with respect to borrowers or debtors of such
726 lending or financing institution or creditor. However, only the
727 individual or entity whose tax identification number is used in
728 receiving or is credited with receiving the commission from the
729 sale of such insurance shall be the licensed agent of the
730 insurer. No individual while so licensed shall hold a license as
731 an agent as to any other or additional kind or class of life or
732 health insurance coverage.
733 (i) Preneed funeral agreement insurance.—Limited license
734 for insurance covering only prearranged funeral, cremation, or
735 cemetery agreements, or any combination thereof, funded by
736 insurance and offered in connection with an establishment that
737 holds a preneed license pursuant to s. 497.452. Such license may
738 be issued without examination only to an individual who has
739 filed with the department an application for a license in a form
740 and manner prescribed by the department, who currently holds a
741 valid preneed sales agent license pursuant to s. 497.466, who
742 paid the applicable fees for a license as prescribed in s.
743 624.501, who has been appointed under s. 626.112, and who paid
744 the prescribed appointment fee under s. 624.501.
745 Section 19. Paragraph (n) of subsection (1) of section
746 626.611, Florida Statutes, is amended to read:
747 626.611 Grounds for compulsory refusal, suspension, or
748 revocation of agent’s, title agency’s, adjuster’s, customer
749 representative’s, service representative’s, or managing general
750 agent’s license or appointment.—
751 (1) The department shall deny an application for, suspend,
752 revoke, or refuse to renew or continue the license or
753 appointment of any applicant, agent, title agency, adjuster,
754 customer representative, service representative, or managing
755 general agent, and it shall suspend or revoke the eligibility to
756 hold a license or appointment of any such person, if it finds
757 that as to the applicant, licensee, or appointee any one or more
758 of the following applicable grounds exist:
759 (n) Having been found guilty of or having pleaded guilty or
760 nolo contendere to a misdemeanor directly related to the
761 financial services business, any felony, or any a crime
762 punishable by imprisonment of 1 year or more under the law of
763 the United States of America or of any state thereof or under
764 the law of any other country, without regard to whether a
765 judgment of conviction has been entered by the court having
766 jurisdiction of such cases.
767 Section 20. Subsection (18) is added to section 626.621,
768 Florida Statutes, to read:
769 626.621 Grounds for discretionary refusal, suspension, or
770 revocation of agent’s, adjuster’s, customer representative’s,
771 service representative’s, or managing general agent’s license or
772 appointment.—The department may, in its discretion, deny an
773 application for, suspend, revoke, or refuse to renew or continue
774 the license or appointment of any applicant, agent, adjuster,
775 customer representative, service representative, or managing
776 general agent, and it may suspend or revoke the eligibility to
777 hold a license or appointment of any such person, if it finds
778 that as to the applicant, licensee, or appointee any one or more
779 of the following applicable grounds exist under circumstances
780 for which such denial, suspension, revocation, or refusal is not
781 mandatory under s. 626.611:
782 (18) Cancellation of the applicant’s, licensee’s, or
783 appointee’s resident license in a state other than Florida.
784 Section 21. Paragraphs (d) and (g) of subsection (2) and
785 paragraphs (a), (b), and (e) through (j) of subsection (3) of
786 section 626.7492, Florida Statutes, are amended to read:
787 626.7492 Reinsurance intermediaries.—
788 (2) DEFINITIONS.—As used in this section:
789 (d) “Producer” means a licensed an agent, broker, or
790 insurance agency that is appointed as a reinsurance intermediary
791 licensed pursuant to the applicable provision of the Florida
792 Insurance Code.
793 (g) “Reinsurance intermediary manager” means any person who
794 has authority to bind, or manages all or part of, the assumed
795 reinsurance business of a reinsurer, including the management of
796 a separate division, department, or underwriting office, and
797 acts as a representative an agent for the reinsurer whether
798 known as a reinsurance intermediary manager, manager, or other
799 similar term. Notwithstanding the above, none of the following
800 persons is a reinsurance intermediary manager with respect to
801 the reinsurer for the purposes of this section:
802 1. An employee of the reinsurer;
803 2. A manager of the United States branch of an alien
804 reinsurer;
805 3. An underwriting manager which, pursuant to contract,
806 manages all the reinsurance operations of the reinsurer, is
807 under common control with the reinsurer, subject to the holding
808 company act, and whose compensation is not based on the volume
809 of premiums written.
810 4. The manager of a group, association, pool, or
811 organization of insurers which engage in joint underwriting or
812 joint reinsurance and who are subject to examination by the
813 insurance regulatory authority of the state in which the
814 manager’s principal business office is located.
815 (3) LICENSURE.—
816 (a) No person shall act as a reinsurance intermediary
817 broker in this state if the reinsurance intermediary broker
818 maintains an office either directly or as a member or employee
819 of a firm or association, or an officer, director, or employee
820 of a corporation:
821 1. In this state, unless the reinsurance intermediary
822 broker is a licensed producer in this state; or
823 2. In another state, unless the reinsurance intermediary
824 broker is a licensed producer in this state or in another state
825 having a law substantially similar to this section or the
826 reinsurance intermediary broker is licensed in this state as an
827 insurance agency and appointed as a nonresident reinsurance
828 intermediary.
829 (b) No person shall act as a reinsurance intermediary
830 manager:
831 1. For a reinsurer domiciled in this state, unless the
832 reinsurance intermediary manager is a licensed producer in this
833 state;
834 2. In this state, if the reinsurance intermediary manager
835 maintains an office either directly or as a member or employee
836 of a firm or association, or an officer, director, or employee
837 of a corporation in this state, unless the reinsurance
838 intermediary manager is a licensed producer in this state;
839 3. In another state for a nondomestic insurer, unless the
840 reinsurance intermediary manager is a licensed producer in this
841 state or another state having a law substantially similar to
842 this section, or the person is licensed in this state as a
843 producer nonresident reinsurance intermediary.
844 (e) If the applicant for a reinsurance intermediary
845 appointment license is a nonresident, the applicant, as a
846 condition precedent to receiving or holding an appointment a
847 license, must designate the Chief Financial Officer as agent for
848 service of process in the manner, and with the same legal
849 effect, provided for by this section for designation of service
850 of process upon unauthorized insurers. Such applicant shall also
851 furnish the department with the name and address of a resident
852 of this state upon whom notices or orders of the department or
853 process affecting the nonresident reinsurance intermediary may
854 be served. The licensee shall promptly notify the department in
855 writing of each change in its designated agent for service of
856 process, and the change shall not become effective until
857 acknowledged by the department.
858 (f) The department may refuse to issue a reinsurance
859 intermediary license if, in its judgment, the applicant, anyone
860 named on the application, or any member, principal, officer, or
861 director of the applicant, has demonstrated a lack of fitness
862 and trustworthiness, or that any controlling person of the
863 applicant is not fit or trustworthy to act as a reinsurance
864 intermediary, or that any of the foregoing has given cause for
865 revocation or suspension of the license, or has failed to comply
866 with any prerequisite for the issuance of the license.
867 (g) Reinsurance intermediaries shall be licensed,
868 appointed, renewed, continued, reinstated, or terminated as
869 prescribed in this chapter for insurance representatives in
870 general, except that they shall be exempt from the photo,
871 education, and examination provisions. License, Appointment, and
872 other fees shall be those prescribed in s. 624.501.
873 (g)(h) The grounds and procedures for refusal of an a
874 license or appointment or suspension or revocation of a license
875 or appointment issued to a reinsurance intermediary under this
876 section are as set forth in ss. 626.611-626.691 for insurance
877 representatives in general.
878 (h)(i) An attorney licensed in this state, when acting in a
879 professional capacity, is exempt from this subsection.
880 (i)(j) The department may develop necessary rules to carry
881 out this section.
882 Section 22. Subsection (5) of section 626.752, Florida
883 Statutes, is amended to read:
884 626.752 Exchange of business.—
885 (5) Within 15 days after the last day of each month, any
886 insurer accepting business under this section shall report to
887 the department the name, address, telephone number, and social
888 security number of each agent from which the insurer received
889 more than four personal lines risks during the calendar year,
890 except for risks being removed from the Citizens Property
891 Insurance Corporation and placed with that insurer by a
892 brokering agent. Once the insurer has reported pursuant to this
893 subsection an agent’s name to the department, additional reports
894 on the same agent shall not be required. However, the fee set
895 forth in s. 624.501 must be paid for the agent by the insurer
896 for each year until the insurer notifies the department that the
897 insurer is no longer accepting business from the agent pursuant
898 to this section. The insurer may require that the agent
899 reimburse the insurer for the fee. If the insurer or employer
900 does not pay the fees and taxes due pursuant to this subsection
901 within 21 days after notice by the department, the department
902 must suspend the insurer’s or employer’s authority to appoint
903 licensees until all outstanding fees and taxes have been paid.
904 Section 23. Subsection (3) of section 626.785, Florida
905 Statutes, is amended to read:
906 626.785 Qualifications for license.—
907 (3) Notwithstanding any other provisions of this chapter, a
908 funeral director, a direct disposer, or an employee of a funeral
909 establishment that holds a preneed license pursuant to s.
910 497.452 may obtain an agent’s license or a limited license to
911 sell only policies of life insurance covering the expense of a
912 prearrangement for funeral services or merchandise so as to
913 provide funds at the time the services and merchandise are
914 needed. The face amount of insurance covered by any such policy
915 shall not exceed $21,000, plus an annual percentage increase
916 based on the Annual Consumer Price Index compiled by the United
917 States Department of Labor, beginning with the Annual Consumer
918 Price Index announced by the United States Department of Labor
919 for 2016.
920 Section 24. Subsection (4) of section 626.793, Florida
921 Statutes, is amended to read:
922 626.793 Excess or rejected business.—
923 (4) Within 15 days after the last day of each month, any
924 insurer accepting business under this section shall report to
925 the department the name, address, telephone number, and social
926 security number of each agent from which the insurer received
927 more than four risks during the calendar year. Once the insurer
928 has reported an agent’s name to the department pursuant to this
929 subsection, additional reports on the same agent shall not be
930 required. However, the fee set forth in s. 624.501 must be paid
931 for the agent by the insurer for each year until the insurer
932 notifies the department that the insurer is no longer accepting
933 business from the agent pursuant to this section. The insurer
934 may require that the agent reimburse the insurer for the fee. If
935 the insurer or employer does not pay the fees and taxes due
936 pursuant to this subsection within 21 days after notice by the
937 department, the department must suspend the insurer’s or
938 employer’s authority to appoint licensees until all outstanding
939 fees and taxes have been paid.
940 Section 25. Subsection (5) of section 626.837, Florida
941 Statutes, is amended to read:
942 626.837 Excess or rejected business.—
943 (5) Within 15 days after the last day of each month, any
944 insurer accepting business under this section shall report to
945 the department the name, address, telephone number, and social
946 security number of each agent from which the insurer received
947 more than four risks during the calendar year. Once the insurer
948 has reported pursuant to this subsection an agent’s name to the
949 department, additional reports on the same agent shall not be
950 required. However, the fee set forth in s. 624.501 must be paid
951 for the agent by the insurer for each year until the insurer
952 notifies the department that the insurer is no longer accepting
953 business from the agent pursuant to this section. The insurer
954 may require that the agent reimburse the insurer for the fee. If
955 the insurer or employer does not pay the fees and taxes due
956 pursuant to this subsection within 21 days after notice by the
957 department, the department must suspend the insurer’s or
958 employer’s authority to appoint licensees until all outstanding
959 fees and taxes have been paid.
960 Section 26. Paragraph (e) is added to subsection (2) of
961 section 626.8411, Florida Statutes, to read:
962 626.8411 Application of Florida Insurance Code provisions
963 to title insurance agents or agencies.—
964 (2) The following provisions of part I do not apply to
965 title insurance agents or title insurance agencies:
966 (e) Section 626.173(1)(c), relating to notifying
967 policyholders of the agency closure.
968 Section 27. Present subsections (8) through (11) of section
969 626.8437, Florida Statutes, are redesignated as subsections (9)
970 through (12), respectively, and a new subsection (8) and
971 subsection (13) are added to that section, to read:
972 626.8437 Grounds for denial, suspension, revocation, or
973 refusal to renew license or appointment.—The department shall
974 deny, suspend, revoke, or refuse to renew or continue the
975 license or appointment of any title insurance agent or agency,
976 and it shall suspend or revoke the eligibility to hold a license
977 or appointment of such person, if it finds that as to the
978 applicant, licensee, appointee, or any principal thereof, any
979 one or more of the following grounds exist:
980 (8) Misappropriation, conversion, or improper withholding
981 of funds not legally entitled thereto and which are received in
982 a fiduciary capacity and held as part of an escrow agreement,
983 real estate sales contract, or as provided on a settlement
984 statement in a real estate transaction.
985 (13) Revocation or cancellation of a licensee’s resident
986 license in a jurisdiction other than this state.
987 Section 28. Subsections (7) and (8) are added to section
988 626.844, Florida Statutes, to read:
989 626.844 Grounds for discretionary refusal, suspension, or
990 revocation of license or appointment.—The department may, in its
991 discretion, deny, suspend, revoke, or refuse to renew or
992 continue the license or appointment of any title insurance agent
993 or agency, and it may suspend or revoke the eligibility to hold
994 a license or appointment of any such title insurance agent or
995 agency if it finds that as to the applicant or licensee or
996 appointee, or any principal thereof, any one or more of the
997 following grounds exist under circumstances for which such
998 denial, suspension, revocation, or refusal is not mandatory
999 under s. 626.8437:
1000 (7) Having been the subject of, or having had a license,
1001 permit, appointment, registration, or other authority to conduct
1002 business subject to, any decision, finding, injunction,
1003 suspension, prohibition, revocation, denial, judgment, final
1004 agency action, or administrative order by any court of competent
1005 jurisdiction, administrative law proceeding, state agency,
1006 federal agency, national securities, commodities, or option
1007 exchange, or national securities, commodities, or option
1008 association involving a violation of any federal or state
1009 securities or commodities law or any rule or regulation adopted
1010 thereunder, or a violation of any rule or regulation of any
1011 national securities, commodities, or options exchange or
1012 national securities, commodities, or options association.
1013 (8) Revocation or cancellation of a licensee’s resident
1014 license in a jurisdiction other than this state.
1015 Section 29. Section 626.8473, Florida Statutes, is amended
1016 to read:
1017 626.8473 Escrow; trust fund.—
1018 (1) A title insurance agency agent may engage in business
1019 as an escrow agent as to funds received from others to be
1020 subsequently disbursed by the title insurance agent in
1021 connection with real estate closing transactions involving the
1022 issuance of title insurance binders, commitments, policies of
1023 title insurance, or guarantees of title, provided that a
1024 licensed and appointed title insurance agency agent complies
1025 with the requirements of s. 626.8419 s. 626.8417, including such
1026 requirements added after the initial licensure of the agency
1027 agent.
1028 (2) All funds received by a title insurance agency agent as
1029 described in subsection (1) shall be trust funds received in a
1030 fiduciary capacity by the title insurance agency agent and shall
1031 be the property of the person or persons entitled thereto.
1032 (3) All funds received by a title insurance agency agent to
1033 be held in trust shall be immediately placed in a financial
1034 institution that is located within this state and is a member of
1035 the Federal Deposit Insurance Corporation or the National Credit
1036 Union Share Insurance Fund. These funds shall be invested in an
1037 escrow account in accordance with the investment requirements
1038 and standards established for deposits and investments of state
1039 funds in s. 17.57, where the funds shall be kept until
1040 disbursement thereof is properly authorized.
1041 (4) Funds required to be maintained in escrow trust
1042 accounts pursuant to this section shall not be subject to any
1043 debts of the title insurance agency agent and shall be used only
1044 in accordance with the terms of the individual, escrow,
1045 settlement, or closing instructions under which the funds were
1046 accepted.
1047 (5) The title insurance agency agents shall maintain
1048 separate records of all receipts and disbursements of escrow,
1049 settlement, or closing funds.
1050 (6) In the event that the department promulgates rules
1051 necessary to implement the requirements of this section pursuant
1052 to s. 624.308, the department shall consider reasonable
1053 standards necessary for the protection of funds held in trust,
1054 including, but not limited to, standards for accounting of
1055 funds, standards for receipt and disbursement of funds, and
1056 protection for the person or persons to whom the funds are to be
1057 disbursed.
1058 (7) A title insurance agency agent, or any officer,
1059 director, or employee thereof, or any person associated
1060 therewith as an independent contractor for bookkeeping or
1061 similar purposes, who converts or misappropriates funds received
1062 or held in escrow or in trust by such title insurance agency
1063 agent, or any person who knowingly receives or conspires to
1064 receive such funds, commits:
1065 (a) If the funds converted or misappropriated are $300 or
1066 less, a misdemeanor of the first degree, punishable as provided
1067 in s. 775.082 or s. 775.083.
1068 (b) If the funds converted or misappropriated are more than
1069 $300, but less than $20,000, a felony of the third degree,
1070 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1071 (c) If the funds converted or misappropriated are $20,000
1072 or more, but less than $100,000, a felony of the second degree,
1073 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1074 (d) If the funds converted or misappropriated are $100,000
1075 or more, a felony of the first degree, punishable as provided in
1076 s. 775.082, s. 775.083, or s. 775.084.
1077 (8) An attorney shall deposit and maintain all funds
1078 received in connection with transactions in which the attorney
1079 is serving as a title or real estate settlement agent into a
1080 separate trust account that is maintained exclusively for funds
1081 received in connection with such transactions and permit the
1082 account to be audited by its title insurers, unless maintaining
1083 funds in the separate account for a particular client would
1084 violate applicable rules of The Florida Bar.
1085 Section 30. Subsection (19) of section 626.854, Florida
1086 Statutes, is amended to read:
1087 626.854 “Public adjuster” defined; prohibitions.—The
1088 Legislature finds that it is necessary for the protection of the
1089 public to regulate public insurance adjusters and to prevent the
1090 unauthorized practice of law.
1091 (19) Except as otherwise provided in this chapter, no
1092 person, except an attorney at law or a licensed and appointed
1093 public adjuster, may for money, commission, or any other thing
1094 of value, directly or indirectly:
1095 (a) Prepare, complete, or file an insurance claim for an
1096 insured or a third-party claimant;
1097 (b) Act on behalf of or aid an insured or a third-party
1098 claimant in negotiating for or effecting the settlement of a
1099 claim for loss or damage covered by an insurance contract;
1100 (c) Offer to initiate or negotiate a claim on behalf of an
1101 insured;
1102 (d) Advertise services that require a license as a public
1103 adjuster; or
1104 (e) Solicit, investigate, or adjust a claim on behalf of a
1105 public adjuster, an insured, or a third-party claimant.
1106 Section 31. Section 626.874, Florida Statutes, is amended
1107 to read:
1108 626.874 Catastrophe or emergency adjusters.—
1109 (1) In the event of a catastrophe or emergency, the
1110 department may issue a license, for the purposes and under the
1111 conditions and for the period of emergency as it shall
1112 determine, to persons who are residents or nonresidents of this
1113 state, who are at least 18 years of age, who are United States
1114 citizens or legal aliens who possess work authorization from the
1115 United States Bureau of Citizenship and Immigration Services,
1116 and who are not licensed adjusters under this part but who have
1117 been designated and certified to it as qualified to act as
1118 adjusters by an authorized insurer to adjust claims, losses, or
1119 damages under policies or contracts of insurance issued by such
1120 insurers, or by a licensed the primary adjuster of an
1121 independent adjusting firm contracted with an authorized insurer
1122 to adjust claims on behalf of the insurer. The fee for the
1123 license is as provided in s. 624.501(12)(c).
1124 (2) If any person not a licensed adjuster who has been
1125 permitted to adjust such losses, claims, or damages under the
1126 conditions and circumstances set forth in subsection (1),
1127 engages in any of the misconduct described in or contemplated by
1128 chapter 626 ss. 626.611 and 626.621, the department, without
1129 notice and hearing, shall be authorized to issue its order
1130 denying such person the privileges granted under this section;
1131 and thereafter it shall be unlawful for any such person to
1132 adjust any such losses, claims, or damages in this state.
1133 Section 32. Subsection (2) of section 626.9892, Florida
1134 Statutes, is amended to read:
1135 626.9892 Anti-Fraud Reward Program; reporting of insurance
1136 fraud.—
1137 (2) The department may pay rewards of up to $25,000 to
1138 persons providing information leading to the arrest and
1139 conviction of persons committing crimes investigated by the
1140 department arising from violations of s. 400.9935, s. 440.105,
1141 s. 624.15, s. 626.112, s. 626.8473, s. 626.8738, s. 626.9541, s.
1142 626.989, s. 790.164, s. 790.165, s. 790.166, s. 806.01, s.
1143 806.031, s. 806.10, s. 806.111, s. 812.014, s. 817.034, s.
1144 817.233, or s. 817.234, s. 817.236, s. 817.2361, s. 817.505, s.
1145 817.568, s. 831.01, s. 895.03, s. 895.04, or s. 896.101.
1146 Section 33. Present subsections (7) through (12) of section
1147 626.9957, Florida Statutes, are redesignated as subsections (8)
1148 through (13), respectively, and a new subsection (7) is added to
1149 that section, to read:
1150 626.9957 Conduct prohibited; denial, revocation,
1151 termination, expiration, or suspension of registration.—
1152 (7) If a navigator registered under this part fails to
1153 maintain an active, valid navigator’s registration status with
1154 the Federal Government or an exchange, the navigator’s
1155 registration issued under this part shall expire by operation of
1156 law. A navigator with an expired registration may not be granted
1157 subsequent registration until the navigator qualifies as a
1158 first-time applicant.
1159 Section 34. Paragraph (c) of subsection (4) of section
1160 627.351, Florida Statutes, is amended to read:
1161 627.351 Insurance risk apportionment plans.—
1162 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.—
1163 (c) The Joint Underwriting Association shall operate
1164 subject to the supervision and approval of a board of governors
1165 consisting of representatives of five of the insurers
1166 participating in the Joint Underwriting Association, an attorney
1167 named by The Florida Bar, a physician named by the Florida
1168 Medical Association, a dentist named by the Florida Dental
1169 Association, and a hospital representative named by the Florida
1170 Hospital Association. The Chief Financial Officer shall select
1171 the representatives of the five insurers or other persons with
1172 experience in medical malpractice insurance as determined by the
1173 Chief Financial Officer. One insurer representative shall be
1174 selected from recommendations of the American Insurance
1175 Association. One insurer representative shall be selected from
1176 recommendations of the Property Casualty Insurers Association of
1177 America. One insurer representative shall be selected from
1178 recommendations of the Florida Insurance Council. Two insurer
1179 representatives shall be selected to represent insurers that are
1180 not affiliated with these associations. Vacancies on the board
1181 shall be filled for the remaining period of the term in the same
1182 manner as the initial appointments. During the first meeting of
1183 the board after June 30 of each year, the board shall choose one
1184 of its members to serve as chair of the board and another member
1185 to serve as vice chair of the board. There is no liability on
1186 the part of, and no cause of action shall arise against, any
1187 member insurer, self-insurer, or its agents or employees, the
1188 Joint Underwriting Association or its agents or employees,
1189 members of the board of governors, or the office or its
1190 representatives for any action taken by them in the performance
1191 of their powers and duties under this subsection.
1192 1. The Chief Financial Officer may remove a board member
1193 from office for misconduct, malfeasance, misfeasance, or neglect
1194 of duty. Any vacancy so created shall be filled as provided in
1195 this paragraph.
1196 2. Board members are subject to the code of ethics under
1197 part III of chapter 112, including, but not limited to, the code
1198 of ethics and public disclosure and reporting of financial
1199 interests, pursuant to s. 112.3145. For purposes of applying
1200 part III of chapter 112 to activities of members of the board of
1201 governors, those persons are considered public officers and the
1202 Joint Underwriting Association is considered their agency.
1203 Notwithstanding s. 112.3143(2), a board member may not vote on
1204 any measure that he or she knows would inure to his or her
1205 special private gain or loss; that he or she knows would inure
1206 to the special private gain or loss of any principal by which he
1207 or she is retained, other than an agency as defined in s.
1208 112.312; or that he or she knows would inure to the special
1209 private gain or loss of a relative or business associate of the
1210 public officer. Before the vote is taken, such board member
1211 shall publicly state to the board the nature of his or her
1212 interest in the matter from which he or she is abstaining from
1213 voting and, within 15 days after the vote occurs, disclose the
1214 nature of his or her interest as a public record in a memorandum
1215 filed with the person responsible for recording the minutes of
1216 the meeting, who shall incorporate the memorandum in the
1217 minutes.
1218 3. Notwithstanding s. 112.3148, s. 112.3149, or any other
1219 law, a board member may not knowingly accept, directly or
1220 indirectly, any gift or expenditure from a person or entity, or
1221 an employee or representative of such person or entity, which
1222 has a contractual relationship with the Joint Underwriting
1223 Association or which is under consideration for a contract.
1224 4. A board member who fails to comply with subparagraph 2.
1225 or subparagraph 3. is subject to the penalties provided under
1226 ss. 112.317 and 112.3173.
1227 Section 35. Section 627.4215, Florida Statutes, is amended
1228 to read:
1229 627.4215 Disclosures to policyholders; coverage of
1230 behavioral health care services.—
1231 (1) A health insurer that offers behavioral health
1232 insurance coverages required by federal or state law shall make
1233 all of the following information available on its website:
1234 (a) The federal and state requirements for coverage of
1235 behavioral health care services.
1236 (b) Contact information for the Division of Consumer
1237 Services of the department, including a hyperlink, for consumers
1238 to submit inquiries or complaints relating to health insurer
1239 products or services regulated by the department or the office.
1240 (2) On an annual basis, a health insurer that offers
1241 behavioral health insurance coverage required by federal or
1242 state law shall provide a direct notice to insureds with
1243 behavioral health insurance coverages required by federal or
1244 state law which must include a description of the federal and
1245 state requirements for coverage of behavioral health care
1246 services. Such notice must also include the website address and
1247 statewide toll-free telephone number of the Division of Consumer
1248 Services of the department for receiving and logging complaints.
1249 Section 36. Subsection (5) is added to section 627.70132,
1250 Florida Statutes, to read:
1251 627.70132 Notice of property insurance claim.—
1252 (5) This section does not apply to loss assessment claims
1253 made under s. 627.714.
1254 Section 37. Subsections (2) and (3) of section 627.7015,
1255 Florida Statutes, are amended to read:
1256 627.7015 Alternative procedure for resolution of disputed
1257 property insurance claims.—
1258 (2) At the time of issuance and renewal of a policy or at
1259 the time a first-party claim within the scope of this section is
1260 filed by the policyholder, the insurer shall notify the
1261 policyholder of its right to participate in the mediation
1262 program under this section. A claim is not eligible for
1263 mediation until an insurer has made a claim determination or
1264 elected to repair pursuant to s. 627.70131. The department shall
1265 prepare a consumer information pamphlet for distribution to
1266 persons participating in mediation.
1267 (3) The costs of mediation must be reasonable, and the
1268 insurer must bear all of the cost of conducting mediation
1269 conferences, except as otherwise provided in this section. If a
1270 policyholder fails to appear at the conference, the conference
1271 must be rescheduled upon the policyholder’s payment of the costs
1272 of a rescheduled conference. If the insurer fails to appear at
1273 the conference, the insurer must pay the policyholder’s actual
1274 cash expenses incurred in attending the conference if the
1275 insurer’s failure to attend was not due to a good cause
1276 acceptable to the department. An insurer will be deemed to have
1277 failed to appear if the insurer’s representative lacks authority
1278 to settle the full value of the claim. The insurer shall incur
1279 an additional fee for a rescheduled conference necessitated by
1280 the insurer’s failure to appear at a scheduled conference. The
1281 fees assessed by the department administrator must include a
1282 charge necessary to defray the expenses of the department
1283 related to its duties under this section and must be deposited
1284 in the Insurance Regulatory Trust Fund. The department may
1285 suspend the insurer’s authority to appoint licensees if the
1286 insurer does not timely pay the required fees.
1287 Section 38. Subsection (18) is added to section 627.7074,
1288 Florida Statutes, to read:
1289 627.7074 Alternative procedure for resolution of disputed
1290 sinkhole insurance claims.—
1291 (18) The department may designate, by means of a written
1292 contract or agreement, an entity or a person to serve as
1293 administrator to carry out any of the provisions of this
1294 section.
1295 Section 39. Subsection (1) of section 627.714, Florida
1296 Statutes, is amended to read:
1297 627.714 Residential condominium unit owner coverage; loss
1298 assessment coverage required.—
1299 (1) For policies issued or renewed on or after July 1,
1300 2010, coverage under a unit owner’s residential property policy
1301 must include at least $2,000 in property loss assessment
1302 coverage for all assessments made as a result of the same direct
1303 loss to the property, regardless of the number of assessments,
1304 owned by all members of the association collectively if such
1305 loss is of the type of loss covered by the unit owner’s
1306 residential property insurance policy, to which a deductible of
1307 no more than $250 per direct property loss applies. If a
1308 deductible was or will be applied to other property loss
1309 sustained by the unit owner resulting from the same direct loss
1310 to the property, no deductible applies to the loss assessment
1311 coverage. For policies issued after January 1, 2024, a loss
1312 assessment claim is deemed to have occurred on the date of the
1313 notice of loss assessment sent by a unit owner’s condominium
1314 association.
1315 Section 40. Section 627.745, Florida Statutes, is amended
1316 to read:
1317 627.745 Mediation of claims.—
1318 (1)(a) In any claim filed with an insurer for personal
1319 injury in an amount of $10,000 or less or any claim for property
1320 damage in any amount, arising out of the ownership, operation,
1321 use, or maintenance of a motor vehicle, either party may demand
1322 mediation of the claim prior to the institution of litigation.
1323 (b) The costs of mediation must be reasonable, and the
1324 insurer must bear all of the cost of conducting mediation
1325 conferences, except as otherwise provided in this section. If a
1326 policyholder fails to appear at the conference, the conference
1327 must be rescheduled upon the policyholder’s payment of the costs
1328 of a rescheduled conference. If the insurer fails to appear at
1329 the conference, the insurer must pay the policyholder’s actual
1330 cash expenses incurred in attending the conference if the
1331 insurer’s failure to attend was not due to a good cause
1332 acceptable to the department. An insurer is deemed to have
1333 failed to appear if the insurer’s representative lacks authority
1334 to settle the full value of the claim. The insurer shall incur
1335 an additional fee, paid to the mediator, for a rescheduled
1336 conference necessitated by the insurer’s failure to appear at a
1337 scheduled conference. The fees assessed by the department or
1338 administrator must include a charge necessary to defray the
1339 expenses of the department related to its duties under this
1340 section and must be deposited in the Insurance Regulatory Trust
1341 Fund. The department or administrator may request that the
1342 department suspend the insurer’s authority to appoint licensees
1343 if the insurer does not timely pay the per-mediation-event
1344 administrative fee.
1345 (b) A request for mediation shall be filed with the
1346 department on a form approved by the department. The request for
1347 mediation shall state the reason for the request for mediation
1348 and the issues in dispute which are to be mediated. The filing
1349 of a request for mediation tolls the applicable time
1350 requirements for filing suit for a period of 60 days following
1351 the conclusion of the mediation process or the time prescribed
1352 in s. 95.11, whichever is later.
1353 (c) The insurance policy must specify in detail the terms
1354 and conditions for mediation of a first-party claim.
1355 (d) The mediation shall be conducted as an informal process
1356 in which formal rules of evidence and procedure need not be
1357 observed. Any party participating in a mediation must have the
1358 authority to make a binding decision. All parties must mediate
1359 in good faith.
1360 (e) The department shall randomly select mediators. Each
1361 party may once reject the mediator selected, either originally
1362 or after the opposing side has exercised its option to reject a
1363 mediator.
1364 (f) Costs of mediation shall be borne equally by both
1365 parties unless the mediator determines that one party has not
1366 mediated in good faith.
1367 (g) Only one mediation may be requested for each claim,
1368 unless all parties agree to further mediation.
1369 (2) Upon receipt of a request for mediation, the department
1370 shall refer the request to a mediator. The mediator shall notify
1371 the applicant and all interested parties, as identified by the
1372 applicant, and any other parties the mediator believes may have
1373 an interest in the mediation, of the date, time, and place of
1374 the mediation conference. The conference may be held by
1375 telephone, if feasible. The mediation conference shall be held
1376 within 45 days after the request for mediation.
1377 (2)(a)(3)(a) The department shall approve mediators to
1378 conduct mediations pursuant to this section. All mediators must
1379 file an application under oath for approval as a mediator.
1380 (b) To qualify for approval as a mediator, an individual
1381 must meet one of the following qualifications:
1382 1. Possess an active certification as a Florida Supreme
1383 Court certified circuit court mediator. A Florida Supreme Court
1384 certified circuit court mediator in a lapsed, suspended,
1385 sanctioned, or decertified status is not eligible to participate
1386 in the mediation program.
1387 2. Be an approved department mediator as of July 1, 2014,
1388 and have conducted at least one mediation on behalf of the
1389 department within 4 years immediately preceding that date.
1390 (3)(4) The department shall deny an application, or suspend
1391 or revoke its approval, of a mediator to serve in such capacity
1392 if the department finds that one or more of the following
1393 grounds exist:
1394 (a) Lack of one or more of the qualifications specified in
1395 this section for approval.
1396 (b) Material misstatement, misrepresentation, or fraud in
1397 obtaining or attempting to obtain the approval.
1398 (c) Demonstrated lack of fitness or trustworthiness to act
1399 as a mediator.
1400 (d) Fraudulent or dishonest practices in the conduct of
1401 mediation or in the conduct of business in the financial
1402 services industry.
1403 (e) Violation of any provision of this code or of a lawful
1404 order or rule of the department, violation of the Florida Rules
1405 for Certified and Court-Appointed Mediators, or aiding,
1406 instructing, or encouraging another party in committing such a
1407 violation.
1408
1409 The department may adopt rules to administer this subsection.
1410 (4) The department shall adopt by rule a motor vehicle
1411 claims insurance mediation program to be administered by the
1412 department or its designee. The department may also adopt
1413 special rules that are applicable in cases of an emergency
1414 within the state. The rules shall be modeled after practices and
1415 procedures set forth in mediation rules of procedure adopted by
1416 the Supreme Court. The rules must include:
1417 (a) Reasonable requirements for processing and scheduling
1418 of requests for mediation.
1419 (b) Provisions governing who may attend mediation
1420 conferences.
1421 (c) Selection of mediators.
1422 (d) Criteria for the conduct of mediation conferences.
1423 (e) Right to legal counsel.
1424 (5) The department must adopt rules of procedure for claims
1425 mediation, taking into consideration a system which:
1426 (a) Is fair.
1427 (b) Promotes settlement.
1428 (c) Avoids delay.
1429 (d) Is nonadversarial.
1430 (e) Uses a framework for modern mediating technique.
1431 (f) Controls of costs and expenses of mediation.
1432 (5) The department may designate an entity or person to
1433 serve as an administrator to carry out any of the provisions of
1434 this section and may take this action by means of a written
1435 contract or agreement.
1436 (6) Disclosures and information divulged in the mediation
1437 process are not admissible in any subsequent action or
1438 proceeding relating to the claim or to the cause of action
1439 giving rise to the claim. A person demanding mediation under
1440 this section may not demand or request mediation after a suit is
1441 filed relating to the same facts already mediated.
1442 Section 41. Present subsections (7) through (12) of section
1443 631.141, Florida Statutes, are redesignated as subsections (8)
1444 through (13), respectively, and a new subsection (7) is added to
1445 that section, to read:
1446 631.141 Conduct of delinquency proceeding; domestic and
1447 alien insurers.—
1448 (7) In order to preserve as much as possible the right and
1449 interest of the policyholders whose insurance policies or
1450 similar contracts are affected by the receivership proceedings,
1451 the department as a domiciliary receiver may:
1452 (a) Use the property of the estate of the insurer to
1453 transfer the insurer’s book of business, policies, or similar
1454 contracts of coverage, in whole or in part, to a solvent
1455 assuming insurer or insurers.
1456 (b) Notwithstanding s. 631.195, share records of the
1457 insurer with the prospective solvent assuming insurer or
1458 insurers, but only to the extent necessary to undertake due
1459 diligence for a transfer contemplated under this section.
1460 Section 42. Subsections (1) and (3) of section 631.252,
1461 Florida Statutes, are amended to read:
1462 631.252 Continuation of coverage.—
1463 (1) Unless another insurer, with approval of the
1464 receivership court, assumes or otherwise provides coverage for
1465 the policies of the insolvent insurer, all insurance policies or
1466 similar contracts of coverage, other than coverages defined in
1467 s. 631.713 or health maintenance organization coverage under
1468 part IV, issued by the insurer shall be canceled upon the
1469 earlier earliest to occur of the following:
1470 (a) The date of entry of the liquidation or, if the court
1471 so provides in its order, the expiration of 30 days from the
1472 date of entry of the liquidation order;
1473 (b) The normal expiration of the policy or contract
1474 coverage;
1475 (c) The replacement of the coverage by the insured, or the
1476 replacement of the policy or contract of coverage, with a policy
1477 or contract acceptable to the insured by the receiver with
1478 another insurer; or
1479 (d) The date proposed by the receiver and approved by the
1480 receivership court to cancel coverage; or
1481 (e)(d) The termination of the coverage by the insured.
1482 (3) The 30-day coverage continuation period provided in
1483 paragraph (1)(a) and s. 631.57(1)(a)1. may not be extended
1484 unless the Chief Financial Officer office determines, based on a
1485 reasonable belief, that market conditions are such that policies
1486 of residential property insurance coverage cannot be placed with
1487 an authorized insurer within 30 days and that an additional 15
1488 days is needed to place such coverage.; and Failure of actual
1489 notice to the policyholder of the insolvency of the insurer, of
1490 commencement of a delinquency proceeding, or of expiration of
1491 the extension period does not affect such expiration.
1492 Section 43. Subsection (1) of section 631.56, Florida
1493 Statutes, is amended, and subsections (5) through (8) are added
1494 to that section, to read:
1495 631.56 Board of directors.—
1496 (1) The board of directors of the association shall consist
1497 of not less than five or more than nine persons serving terms as
1498 established in the plan of operation. Three members of the board
1499 must be representatives from domestic insurers and appointed by
1500 the Chief Financial Officer. The department shall approve and
1501 appoint to the board persons recommended by the member insurers
1502 or other persons with experience in property and casualty
1503 insurance or motor vehicle insurance as determined by the Chief
1504 Financial Officer. In the event the department finds that any
1505 recommended person does not meet the qualifications for service
1506 on the board, the department shall request the member insurers
1507 to recommend another person. Each member shall serve for a 4
1508 year term and may be reappointed. Vacancies on the board shall
1509 be filled for the remaining period of the term in the same
1510 manner as initial appointments.
1511 (5) The Chief Financial Officer may remove a board member
1512 from office for misconduct, malfeasance, misfeasance, or neglect
1513 of duty. Any vacancy so created shall be filled as provided in
1514 subsection (1).
1515 (6) Board members are subject to the code of ethics under
1516 part III of chapter 112, including, but not limited to, the code
1517 of ethics and public disclosure and reporting of financial
1518 interests, pursuant to s. 112.3145. For purposes of applying
1519 part III of chapter 112 to activities of members of the board of
1520 directors, those persons are considered public officers and the
1521 association is considered their agency. Notwithstanding s.
1522 112.3143(2), a board member may not vote on any measure that he
1523 or she knows would inure to his or her special private gain or
1524 loss; that he or she knows would inure to the special private
1525 gain or loss of any principal by which he or she is retained,
1526 other than an agency as defined in s. 112.312; or that he or she
1527 knows would inure to the special private gain or loss of a
1528 relative or business associate of the public officer. Before the
1529 vote is taken, such member shall publicly state to the board the
1530 nature of his or her interest in the matter from which he or she
1531 is abstaining from voting and, within 15 days after the vote
1532 occurs, disclose the nature of his or her interest as a public
1533 record in a memorandum filed with the person responsible for
1534 recording the minutes of the meeting, who shall incorporate the
1535 memorandum in the minutes.
1536 (7) Notwithstanding s. 112.3148, s. 112.3149, or any other
1537 law, a board member may not knowingly accept, directly or
1538 indirectly, any gift or expenditure from a person or entity, or
1539 an employee or representative of such person or entity, which
1540 has a contractual relationship with the association or which is
1541 under consideration for a contract.
1542 (8) A board member who fails to comply with subsection (6)
1543 or subsection (7) is subject to the penalties provided under ss.
1544 112.317 and 112.3173.
1545 Section 44. Paragraph (a) of subsection (1) of section
1546 631.716, Florida Statutes, is amended, and subsections (4)
1547 through (7) are added to that section, to read:
1548 631.716 Board of directors.—
1549 (1)(a) The board of directors of the association shall have
1550 at least 9, but no more than 11, members. The members shall
1551 consist be comprised of member insurers serving terms as
1552 established in the plan of operation and 1 Florida Health
1553 Maintenance Organization Consumer Assistance Plan director
1554 confirmed pursuant to paragraph (b), or other persons with
1555 experience in life and annuity or accident and health insurance
1556 as determined by the Chief Financial Officer. At all times, at
1557 least 1 member of the board member must be a domestic insurer as
1558 defined in s. 624.06(1). The members of the board members who
1559 are member insurers shall be elected by member insurers, subject
1560 to the approval of the department. Each board member shall serve
1561 for a 4-year term and may be reappointed.
1562 (4) The Chief Financial Officer may remove a board member
1563 from office for misconduct, malfeasance, misfeasance, or neglect
1564 of duty. Any vacancy so created shall be filled as provided in
1565 subsection (1).
1566 (5) Board members are subject to the code of ethics under
1567 part III of chapter 112, including, but not limited to, the code
1568 of ethics and public disclosure and reporting of financial
1569 interests, pursuant to s. 112.3145. For purposes of applying
1570 part III of chapter 112 to activities of members of the board of
1571 directors, those persons are considered public officers and the
1572 association is considered their agency. Notwithstanding s.
1573 112.3143(2), a board member may not vote on any measure that he
1574 or she knows would inure to his or her special private gain or
1575 loss; that he or she knows would inure to the special private
1576 gain or loss of any principal by which he or she is retained,
1577 other than an agency as defined in s. 112.312; or that he or she
1578 knows would inure to the special private gain or loss of a
1579 relative or business associate of the public officer. Before the
1580 vote is taken, such member shall publicly state to the board the
1581 nature of his or her interest in the matter from which he or she
1582 is abstaining from voting and, within 15 days after the vote
1583 occurs, disclose the nature of his or her interest as a public
1584 record in a memorandum filed with the person responsible for
1585 recording the minutes of the meeting, who shall incorporate the
1586 memorandum in the minutes.
1587 (6) Notwithstanding s. 112.3148, s. 112.3149, or any other
1588 law, a board member may not knowingly accept, directly or
1589 indirectly, any gift or expenditure from a person or entity, or
1590 an employee or representative of such person or entity, which
1591 has a contractual relationship with the association or which is
1592 under consideration for a contract.
1593 (7) A board member who fails to comply with subsection (5)
1594 or subsection (6) is subject to the penalties provided under ss.
1595 112.317 and 112.3173.
1596 Section 45. Subsection (1) of section 631.816, Florida
1597 Statutes, is amended, and subsections (8) through (11) are added
1598 to that section, to read:
1599 631.816 Board of directors.—
1600 (1) The board of directors of the plan shall consist of not
1601 less than five or more than nine persons serving terms as
1602 established in the plan of operation. The department shall
1603 approve and appoint to the board persons recommended by the
1604 member HMOs or other persons with experience in health insurance
1605 as determined by the Chief Financial Officer. In the event the
1606 department finds that any recommended person does not meet the
1607 qualifications for service on the board, the department shall
1608 request the member HMOs to recommend another person. Each member
1609 shall serve for a 4-year term and may be reappointed, except
1610 that terms may be staggered as defined in the plan of operation.
1611 Vacancies on the board shall be filled for the remaining period
1612 of the term in the same manner as initial appointments. In
1613 determining voting rights, each HMO is entitled to vote on the
1614 basis of cumulative weighted voting based on the net written
1615 premium for non-Medicare and non-Medicaid policies.
1616 (8) The Chief Financial Officer may remove a board member
1617 from office for misconduct, malfeasance, misfeasance, or neglect
1618 of duty. Any vacancy so created shall be filled as provided in
1619 subsection (1).
1620 (9) Board members are subject to the code of ethics under
1621 part III of chapter 112, including, but not limited to, the code
1622 of ethics and public disclosure and reporting of financial
1623 interests, pursuant to s. 112.3145. For purposes of applying
1624 part III of chapter 112 to activities of members of the board of
1625 directors, those persons are considered public officers and the
1626 plan is considered their agency. Notwithstanding s. 112.3143(2),
1627 a board member may not vote on any measure that he or she knows
1628 would inure to his or her special private gain or loss; that he
1629 or she knows would inure to the special private gain or loss of
1630 any principal by which he or she is retained, other than an
1631 agency as defined in s. 112.312; or that he or she knows would
1632 inure to the special private gain or loss of a relative or
1633 business associate of the public officer. Before the vote is
1634 taken, such member shall publicly state to the board the nature
1635 of his or her interest in the matter from which he or she is
1636 abstaining from voting and, within 15 days after the vote
1637 occurs, disclose the nature of his or her interest as a public
1638 record in a memorandum filed with the person responsible for
1639 recording the minutes of the meeting, who shall incorporate the
1640 memorandum in the minutes.
1641 (10) Notwithstanding s. 112.3148, s. 112.3149, or any other
1642 law, a board member may not knowingly accept, directly or
1643 indirectly, any gift or expenditure from a person or entity, or
1644 an employee or representative of such person or entity, which
1645 has a contractual relationship with the plan or which is under
1646 consideration for a contract.
1647 (11) A board member who fails to comply with subsection (9)
1648 or subsection (10) is subject to the penalties provided under
1649 ss. 112.317 and 112.3173.
1650 Section 46. Subsection (1) of section 631.912, Florida
1651 Statutes, is amended, and subsections (4), (5), and (6) are
1652 added to that section, to read:
1653 631.912 Board of directors.—
1654 (1) The board of directors of the corporation shall consist
1655 of 11 persons, 1 of whom is the insurance consumer advocate
1656 appointed under s. 627.0613 or designee and 1 of whom is
1657 designated by the Chief Financial Officer. The department shall
1658 appoint to the board 6 persons selected by private carriers from
1659 among the 20 workers’ compensation insurers with the largest
1660 amount of direct written premium as determined by the
1661 department, and 2 persons selected by the self-insurance funds
1662 or other persons with experience in workers’ compensation
1663 insurance as determined by the Chief Financial Officer. The
1664 Governor shall appoint one person who has commercial insurance
1665 experience. At least two of the private carriers shall be
1666 foreign carriers authorized to do business in this state. The
1667 board shall elect a chairperson from among its members. The
1668 Chief Financial Officer may remove any board member for cause.
1669 Each board member shall be appointed to serve a 4-year term and
1670 may be reappointed. A vacancy on the board shall be filled for
1671 the remaining period of the term in the same manner by which the
1672 original appointment was made.
1673 (4) Board members are subject to the code of ethics under
1674 part III of chapter 112, including, but not limited to, the code
1675 of ethics and public disclosure and reporting of financial
1676 interests, pursuant to s. 112.3145. For purposes of applying
1677 part III of chapter 112 to activities of members of the board of
1678 directors, those persons are considered public officers and the
1679 corporation is considered their agency. Notwithstanding s.
1680 112.3143(2), a board member may not vote on any measure that he
1681 or she knows would inure to his or her special private gain or
1682 loss; that he or she knows would inure to the special private
1683 gain or loss of any principal by which he or she is retained,
1684 other than an agency as defined in s. 112.312; or that he or she
1685 knows would inure to the special private gain or loss of a
1686 relative or business associate of the public officer. Before the
1687 vote is taken, such member shall publicly state to the board the
1688 nature of his or her interest in the matter from which he or she
1689 is abstaining from voting and, within 15 days after the vote
1690 occurs, disclose the nature of his or her interest as a public
1691 record in a memorandum filed with the person responsible for
1692 recording the minutes of the meeting, who shall incorporate the
1693 memorandum in the minutes.
1694 (5) Notwithstanding s. 112.3148, s. 112.3149, or any other
1695 law, a board member may not knowingly accept, directly or
1696 indirectly, any gift or expenditure from a person or entity, or
1697 an employee or representative of such person or entity, which
1698 has a contractual relationship with the corporation or which is
1699 under consideration for a contract.
1700 (6) A board member who fails to comply with subsection (4)
1701 or subsection (5) is subject to the penalties provided under ss.
1702 112.317 and 112.3173.
1703 Section 47. Section 633.1423, Florida Statutes, is created
1704 to read:
1705 633.1423 State Fire Marshal direct-support organization.—
1706 (1) DEFINITION.—As used in this section, the term
1707 “organization” means the direct-support organization established
1708 under this section.
1709 (2) ORGANIZATION ESTABLISHED.—The division may establish a
1710 direct-support organization, to be known as the “State Fire
1711 Marshal Safety and Training Force,” whose sole purpose is to
1712 support the safety and training of firefighters and to recognize
1713 exemplary service. The organization must:
1714 (a) Be a not-for-profit corporation incorporated under
1715 chapter 617 and approved by the Department of State.
1716 (b) Be organized and operated to raise funds; request and
1717 receive grants, gifts, and bequests of money; conduct programs
1718 and activities; acquire, receive, hold, invest, and administer,
1719 in its own name, securities, funds, or property; and make grants
1720 and expenditures to or for the direct or indirect benefit of the
1721 division. Grants and expenditures may include the cost of
1722 education or training of firefighters, or the recognition of
1723 exemplary service of firefighters.
1724 (c) Be determined by the division to operate in a manner
1725 that is:
1726 1. Consistent with the goals of the division and laws
1727 relating to the safety and training of firefighters.
1728 2. In the best interest of the state.
1729 3. In accordance with the adopted goals and mission of the
1730 division.
1731 (d) Use all of its grants and expenditures solely for the
1732 purpose of educating, training, and recognizing firefighters,
1733 and not for advertising using the likeness or name of any
1734 elected official nor for the purpose of lobbying as defined in
1735 s. 11.045(1).
1736 (e) Be subject to an annual financial audit in accordance
1737 with s. 215.981.
1738 (3) CONTRACT.—The organization shall operate under written
1739 contract with the division. The contract must provide for:
1740 (a) Certification by the division that the organization is
1741 complying with the terms of the contract and in a manner
1742 consistent with the goals and purposes of the department and in
1743 the best interest of the state. Such certification must be made
1744 annually and reported in the official minutes of a meeting of
1745 the organization.
1746 (b) The reversion of moneys and property held by the
1747 organization for firefighter safety, training, and recognition
1748 to the division if the organization is no longer approved to
1749 operate by the division or if the organization ceases to exist,
1750 or to the state if the division ceases to exist.
1751 (4) BOARD OF DIRECTORS.—The organization shall be governed
1752 by a board of directors. The State Fire Marshal, or his or her
1753 designee, shall appoint a president of the board. The board of
1754 directors shall be appointed by the president of the board.
1755 (5) USE OF PROPERTY.—The division may authorize, without
1756 charge, appropriate use of fixed property and facilities of the
1757 division by the organization, subject to this subsection.
1758 (a) The department may prescribe any condition with which
1759 the organization must comply in order to use the division’s
1760 property or facilities.
1761 (b) The department may not authorize the use of the
1762 division’s property or facilities if the organization does not
1763 provide equal membership and employment opportunities to all
1764 persons regardless of race, religion, sex, age, or national
1765 origin.
1766 (c) The department shall adopt rules prescribing the
1767 procedures by which the organization is governed and any
1768 conditions with which the organization must comply to use the
1769 division’s property or facilities.
1770 (6) DEPOSITORY ACCOUNT.—Any moneys received by the
1771 organization may be held in a separate depository account in the
1772 name of the organization and subject to the contract with the
1773 division.
1774 (7) ANNUAL BUDGETS AND REPORTS.—The organization shall
1775 submit to the division its annual budget and financial reports,
1776 its federal Internal Revenue Service Application for Recognition
1777 of Exemption Form 1023, and its federal Internal Revenue Service
1778 Return of Organization Exempt from Income Tax Form 990.
1779 (8) ANNUAL AUDIT.—The organization shall provide for an
1780 annual financial audit in accordance with s. 215.981.
1781 (9) DIVISION’S RECEIPT OF PROCEEDS.—Proceeds received by
1782 the division from the organization shall be deposited into the
1783 Insurance Regulatory Trust Fund.
1784 (10) REPEAL.—This section is repealed October 1, 2028,
1785 unless reviewed and saved from repeal by the Legislature.
1786 Section 48. Section 634.181, Florida Statutes, is amended
1787 to read:
1788 634.181 Grounds for compulsory refusal, suspension, or
1789 revocation of license or appointment of salespersons.—
1790 (1) The department shall deny, suspend, revoke, or refuse
1791 to renew or continue the license or appointment of any such
1792 salesperson if it finds that as to the salesperson any one or
1793 more of the following applicable grounds exist:
1794 (a)(1) Material misstatement, misrepresentation, or fraud
1795 in obtaining or attempting to obtain the license or appointment.
1796 (b)(2) If the license or appointment is willfully used, or
1797 to be used, to circumvent any of the requirements or
1798 prohibitions of this part, any applicable provision of the
1799 Florida Insurance Code, or rule of the department or commission.
1800 (c)(3) Willful misrepresentation of any service agreement
1801 or willful deception with regard to any agreement, done either
1802 in person or by any form of dissemination of information or
1803 advertising.
1804 (d)(4) If in the adjustment of claims arising out of
1805 service agreements, she or he has materially misrepresented to a
1806 service agreement holder or other interested party the terms and
1807 coverage of a service agreement with intent and for the purpose
1808 of effecting settlement of the claim on less favorable terms
1809 than those provided in and contemplated by the service
1810 agreement.
1811 (e)(5) For demonstrated lack of fitness or trustworthiness
1812 to engage in the service agreement business.
1813 (f)(6) For demonstrated lack of adequate knowledge and
1814 technical competence to engage in the transactions authorized by
1815 the license or appointment.
1816 (g)(7) Fraudulent or dishonest practices in the conduct of
1817 business under the license or appointment.
1818 (h)(8) Misappropriation, conversion, or unlawful
1819 withholding of moneys belonging to a service agreement company,
1820 insurer, or service agreement holder or to others and received
1821 in the conduct of business under the license or appointment.
1822 (i)(9) For unlawfully rebating, or attempt thereat, or for
1823 unlawfully dividing or offering to divide her or his commission
1824 with another.
1825 (j)(10) Willful failure to comply with, or willful
1826 violation of any proper order of the department or office, or
1827 willful violation of any provision of this part, or of any
1828 applicable provision of the insurance code, or applicable rule
1829 of the department or commission.
1830 (k)(11) Having been found guilty of, or having pleaded
1831 guilty or nolo contendere to, a felony or a crime punishable by
1832 imprisonment of 1 year or more under the law of the United
1833 States of America or any state thereof or under the law of any
1834 other country which involves moral turpitude, without regard to
1835 whether a judgment of conviction has been entered by the court
1836 having jurisdiction of the cases.
1837 (l)(12) Failure to refund unearned pro rata commission to
1838 the agreement holder or the service agreement company, if the
1839 service agreement company is making a full unearned pro rata
1840 refund to the agreement holder.
1841 (m) Having been the subject of, or having had a license,
1842 permit, appointment, registration, or other authority to conduct
1843 business subject to, any decision, finding, injunction,
1844 suspension, prohibition, revocation, denial, judgment, final
1845 agency action, or administrative order by any court of competent
1846 jurisdiction, administrative law proceeding, state agency,
1847 federal agency, national securities, commodities, or options
1848 exchange, or national securities, commodities, or options
1849 association involving a violation of any federal or state
1850 securities or commodities law or any rule or regulation adopted
1851 thereunder, or a violation of any rule or regulation of any
1852 national securities, commodities, or options exchange or
1853 national securities, commodities, or options association.
1854 (2) When a licensee is charged with a felony enumerated in
1855 s. 626.207(2), the department shall, immediately upon receipt of
1856 information on or indictment for the felony, temporarily suspend
1857 a license or appointment issued under this chapter. Such
1858 suspension shall continue if the licensee is found guilty of, or
1859 pleads guilty or nolo contendere to, the crime, regardless of
1860 whether a judgment or conviction is entered, during a pending
1861 appeal. A person may not transact insurance business after
1862 suspension of his or her license or appointment.
1863 (3) The department may adopt rules to administer this
1864 section.
1865 Section 49. Section 634.191, Florida Statutes, is amended
1866 to read:
1867 634.191 Grounds for discretionary refusal, suspension, or
1868 revocation of license or appointment of salespersons.—
1869 (1) The department may, in its discretion, deny, suspend,
1870 revoke, or refuse to renew or continue the license or
1871 appointment of any salesperson if it finds that as to the
1872 salesperson any one or more of the following applicable grounds
1873 exist under circumstances for which such denial, suspension,
1874 revocation, or refusal is not mandatory under s. 634.181:
1875 (a)(1) For any cause for which granting of the license or
1876 appointment could have been refused had it then existed and been
1877 known to the department.
1878 (b)(2) Violation of any provision of this part or of any
1879 other law applicable to the business of service agreements in
1880 the course of dealings under the license or appointment.
1881 (c)(3) Violation of Has violated any lawful order or rule
1882 of the department or commission.
1883 (d)(4) Failure or refusal, upon demand, to pay over to any
1884 company or insurer the salesperson represents or has represented
1885 any money coming into her or his hands belonging to the company
1886 or insurer.
1887 (e)(5) If, in the conduct of business under the license or
1888 appointment, the salesperson has engaged in unfair methods of
1889 competition or in unfair or deceptive acts or practices, as such
1890 methods, acts, or practices are or may be defined under this
1891 part, or has otherwise shown herself or himself to be a source
1892 of injury or loss to the public or detrimental to the public
1893 interest.
1894 (f)(6) Failure to report to the department within 30 days
1895 the final disposition of an administrative action taken against
1896 a salesperson by a governmental agency or other regulatory
1897 agency in this state or any other state or jurisdiction relating
1898 to the business of insurance, the sale of securities, or an
1899 activity involving fraud, dishonesty, trustworthiness, or breach
1900 of a fiduciary duty. The salesperson must submit a copy of the
1901 order, consent to order, or other relevant legal documents to
1902 the department Having been found guilty of, or having pleaded
1903 guilty or nolo contendere to, a felony or a crime punishable by
1904 imprisonment of 1 year or more under the law of the United
1905 States of America or any state thereof or under the law of any
1906 other country, without regard to whether a judgment of
1907 conviction has been entered by the court having jurisdiction of
1908 the cases.
1909 (2) The department may adopt rules to administer this
1910 section.
1911 Section 50. Section 634.320, Florida Statutes, is amended
1912 to read:
1913 634.320 Grounds for compulsory refusal, suspension, or
1914 revocation of license or appointment of sales representatives.—
1915 (1) The department shall deny, suspend, revoke, or refuse
1916 to renew or continue the license or appointment of any sales
1917 representative if it is found that any one or more of the
1918 following grounds applicable to the sales representative exist:
1919 (a)(1) Material misstatement, misrepresentation, or fraud
1920 in obtaining or attempting to obtain a license or appointment.
1921 (b)(2) The license or appointment is willfully used, or to
1922 be used, to circumvent any of the requirements or prohibitions
1923 of this part.
1924 (c)(3) Willful misrepresentation of any warranty contract
1925 or willful deception with regard to any such contract, done
1926 either in person or by any form of dissemination of information
1927 or advertising.
1928 (d)(4) In the adjustment of claims arising out of
1929 warranties, material misrepresentation to a warranty holder or
1930 other interested party of the terms and coverage of a contract,
1931 with the intent and for the purpose of effecting settlement of
1932 such claim on less favorable terms than those provided in and
1933 contemplated by the contract.
1934 (e)(5) Demonstrated lack of fitness or trustworthiness to
1935 engage in the business of home warranty.
1936 (f)(6) Demonstrated lack of adequate knowledge and
1937 technical competence to engage in the transactions authorized by
1938 the license or appointment.
1939 (g)(7) Fraudulent or dishonest practices in the conduct of
1940 business under the license or appointment.
1941 (h)(8) Misappropriation, conversion, or unlawful
1942 withholding of moneys belonging to an association, insurer, or
1943 warranty holder, or to others, and received in the conduct of
1944 business under the license or appointment.
1945 (i)(9) Unlawfully rebating, or attempting to unlawfully
1946 rebate, or unlawfully dividing, or offering to divide, her or
1947 his commission with another.
1948 (j)(10) Willful failure to comply with, or willful
1949 violation of, any proper order or rule of the department or
1950 commission or willful violation of any provision of this part.
1951 (k)(11) Being found guilty of or pleading guilty or nolo
1952 contendere to a felony or a crime punishable by imprisonment of
1953 1 year or more under the law of the United States of America or
1954 any state thereof or under the law of any other country
1955 involving moral turpitude, without regard to whether judgment of
1956 conviction has been entered by the court.
1957 (l) Having been the subject of, or having had a license,
1958 permit, appointment, registration, or other authority to conduct
1959 business subject to, any decision, finding, injunction,
1960 suspension, prohibition, revocation, denial, judgment, final
1961 agency action, or administrative order by any court of competent
1962 jurisdiction, administrative law proceeding, state agency,
1963 federal agency, national securities, commodities, or options
1964 exchange, or national securities, commodities, or options
1965 association involving a violation of any federal or state
1966 securities or commodities law or any rule or regulation adopted
1967 thereunder, or a violation of any rule or regulation of any
1968 national securities, commodities, or options exchange or
1969 national securities, commodities, or options association.
1970 (2) When a licensee is charged with a felony enumerated in
1971 s. 626.207(2), the department shall, immediately upon receipt of
1972 information on or indictment for the felony, temporarily suspend
1973 a license or appointment issued under this chapter. Such
1974 suspension shall continue if the licensee is found guilty of, or
1975 pleads guilty or nolo contendere to, the crime, regardless of
1976 whether a judgment or conviction is entered, during a pending
1977 appeal. A person may not transact insurance business after
1978 suspension of his or her license or appointment.
1979 (3) The department may adopt rules to administer this
1980 section.
1981 Section 51. Section 634.321, Florida Statutes, is amended
1982 to read:
1983 634.321 Grounds for discretionary refusal, suspension, or
1984 revocation of license or appointment of sales representatives.—
1985 (1) The department may, in its discretion, deny, suspend,
1986 revoke, or refuse to renew or continue the license or
1987 appointment of any sales representative if it is found that any
1988 one or more of the following grounds applicable to the sales
1989 representative exist under circumstances for which such denial,
1990 suspension, revocation, or refusal is not mandatory under s.
1991 634.320:
1992 (a)(1) Any cause for which granting of the license or
1993 appointment could have been refused had it then existed and been
1994 known to the department.
1995 (b)(2) Violation of any provision of this part, or of any
1996 other law applicable to the business of warranties, in the
1997 course of dealings under the license or appointment.
1998 (c)(3) Violation of any lawful order or rule of the
1999 department or commission.
2000 (d)(4) Failure or refusal to pay over, upon demand, to any
2001 home warranty association or insurer the sales representative
2002 represents or has represented any money coming into her or his
2003 hands which belongs to the association or insurer.
2004 (e)(5) In the conduct of business under the license or
2005 appointment, engaging in unfair methods of competition or in
2006 unfair or deceptive acts or practices, as such methods, acts, or
2007 practices are or may be defined under this part, or otherwise
2008 showing herself or himself to be a source of injury or loss to
2009 the public or detriment to the public interest.
2010 (f)(6) Failure to report to the department within 30 days
2011 the final disposition of an administrative action taken against
2012 a sales representative by a governmental agency or other
2013 regulatory agency in this state or any other state or
2014 jurisdiction relating to the business of insurance, the sale of
2015 securities, or an activity involving fraud, dishonesty,
2016 trustworthiness, or breach of a fiduciary duty. The sales
2017 representative must submit a copy of the order, consent to
2018 order, or other relevant legal documents to the department Being
2019 found guilty of or pleading guilty or nolo contendere to a
2020 felony or a crime punishable by imprisonment of 1 year or more
2021 under the law of the United States of America or any state
2022 thereof or under the law of any other country, without regard to
2023 whether a judgment of conviction has been entered by the court.
2024 (2) The department may adopt rules to administer this
2025 section.
2026 Section 52. Section 634.419, Florida Statutes, is amended
2027 to read:
2028 634.419 License and appointment required.—No person or
2029 entity shall solicit, negotiate, advertise, or effectuate
2030 service warranty contracts in this state unless such person or
2031 entity is licensed and appointed as a sales representative.
2032 Sales representatives shall be responsible for the actions of
2033 persons under their supervision. However, a service warranty
2034 association licensed as such under this part shall not be
2035 required to be licensed and appointed as a sales representative
2036 to solicit, negotiate, advertise, or effectuate its products.
2037 Sections 501.021-501.055 do not apply to persons or entities
2038 licensed and appointed under this section, or their affiliates,
2039 which solicit the sale of a service warranty or related service
2040 or product in connection with a prearranged appointment at the
2041 request of the consumer.
2042 Section 53. Section 634.422, Florida Statutes, is amended
2043 to read:
2044 634.422 Grounds for compulsory refusal, suspension, or
2045 revocation of license or appointment of sales representatives.—
2046 (1) The department shall deny, suspend, revoke, or refuse
2047 to renew or continue the license or appointment of any sales
2048 representative if it is found that any one or more of the
2049 following grounds applicable to the sales representative exist:
2050 (a)(1) Material misstatement, misrepresentation, or fraud
2051 in obtaining or attempting to obtain a license or appointment.
2052 (b)(2) The license or appointment is willfully used, or to
2053 be used, to circumvent any of the requirements or prohibitions
2054 of this part.
2055 (c)(3) Willful misrepresentation of any service warranty
2056 contract or willful deception with regard to any such contract,
2057 done either in person or by any form of dissemination of
2058 information or advertising.
2059 (d)(4) In the adjustment of claims arising out of
2060 warranties, material misrepresentation to a service warranty
2061 holder or other interested party of the terms and coverage of a
2062 contract with the intent and for the purpose of effecting
2063 settlement of the claim on less favorable terms than those
2064 provided in and contemplated by the contract.
2065 (e)(5) Demonstrated lack of fitness or trustworthiness to
2066 engage in the business of service warranty.
2067 (f)(6) Demonstrated lack of adequate knowledge and
2068 technical competence to engage in the transactions authorized by
2069 the license or appointment.
2070 (g)(7) Fraudulent or dishonest practices in the conduct of
2071 business under the license or appointment.
2072 (h)(8) Misappropriation, conversion, or unlawful
2073 withholding of moneys belonging to an association, insurer, or
2074 warranty holder, or to others, and received in the conduct of
2075 business under the license or appointment.
2076 (i)(9) Unlawfully rebating, or attempting to unlawfully
2077 rebate, or unlawfully dividing, or offering to divide, her or
2078 his commission with another.
2079 (j)(10) Willful failure to comply with, or willful
2080 violation of, any proper order or rule of the department or
2081 commission, or willful violation of any provision of this part.
2082 (k)(11) Being found guilty of or pleading nolo contendere
2083 to a felony or a crime punishable by imprisonment of 1 year or
2084 more under the law of the United States of America or any state
2085 thereof or under the law of any other country involving moral
2086 turpitude, without regard to whether judgment of conviction has
2087 been entered by the court having jurisdiction of the case.
2088 (l) Having been the subject of, or having had a license,
2089 permit, appointment, registration, or other authority to conduct
2090 business subject to, any decision, finding, injunction,
2091 suspension, prohibition, revocation, denial, judgment, final
2092 agency action, or administrative order by any court of competent
2093 jurisdiction, administrative law proceeding, state agency,
2094 federal agency, national securities, commodities, or options
2095 exchange, or national securities, commodities, or options
2096 association involving a violation of any federal or state
2097 securities or commodities law or any rule or regulation adopted
2098 thereunder, or a violation of any rule or regulation of any
2099 national securities, commodities, or options exchange or
2100 national securities, commodities, or options association.
2101 (2) When a licensee is charged with a felony enumerated in
2102 s. 626.207(2), the department shall, immediately upon receipt of
2103 information on or indictment for the felony, temporarily suspend
2104 a license or appointment issued under this chapter. Such
2105 suspension shall continue if the licensee is found guilty of, or
2106 pleads guilty or nolo contendere to, the crime, regardless of
2107 whether a judgment or conviction is entered, during a pending
2108 appeal. A person may not transact insurance business after
2109 suspension of his or her license or appointment.
2110 (3) The department may adopt rules to administer this
2111 section.
2112 Section 54. Section 634.423, Florida Statutes, is amended
2113 to read:
2114 634.423 Grounds for discretionary refusal, suspension, or
2115 revocation of license or appointment of sales representatives.—
2116 (1) The department may deny, suspend, revoke, or refuse to
2117 renew or continue the license or appointment of any sales
2118 representative if it is found that any one or more of the
2119 following grounds applicable to the sales representative exist
2120 under circumstances for which such denial, suspension,
2121 revocation, or refusal is not mandatory under s. 634.422:
2122 (a)(1) Any cause for which granting of the license or
2123 appointment could have been refused had it then existed and been
2124 known to the department.
2125 (b)(2) Violation of any provision of this part, or of any
2126 other law applicable to the business of service warranties, in
2127 the course of dealings under the license or appointment.
2128 (c)(3) Violation of any lawful order or rule of the
2129 department or commission.
2130 (d)(4) Failure or refusal to pay over, upon demand, to any
2131 service warranty association or insurer the sales representative
2132 represents or has represented any money coming into her or his
2133 hands which belongs to the association or insurer.
2134 (e)(5) In the conduct of business under the license or
2135 appointment, engaging in unfair methods of competition or in
2136 unfair or deceptive acts or practices, as such methods, acts, or
2137 practices are or may be defined under this part, or otherwise
2138 showing herself or himself to be a source of injury or loss to
2139 the public or detriment to the public interest.
2140 (f)(6) Failure to report to the department within 30 days
2141 the final disposition of an administrative action taken against
2142 a sales representative by a governmental agency or other
2143 regulatory agency in this state or any other state or
2144 jurisdiction relating to the business of insurance, the sale of
2145 securities, or an activity involving fraud, dishonesty,
2146 trustworthiness, or breach of a fiduciary duty. The sales
2147 representative must submit a copy of the order, consent to
2148 order, or other relevant legal documents to the department Being
2149 found guilty of or pleading guilty or nolo contendere to a
2150 felony or a crime punishable by imprisonment of 1 year or more
2151 under the law of the United States of America or any state
2152 thereof or under the law of any other country, without regard to
2153 whether judgment of conviction has been entered by the court
2154 having jurisdiction of such case.
2155 (2) The department may adopt rules to administer this
2156 section.
2157 Section 55. Section 648.25, Florida Statutes, is reordered
2158 and amended to read:
2159 648.25 Definitions.—As used in this chapter, the term:
2160 (1) “Appointment” means the authority given by an insurer
2161 or the managing general agent of an insurer through the
2162 department to a licensee to transact insurance or adjust claims
2163 on behalf of the insurer or managing general agent.
2164 (2)(1) “Bail bond agency” means:
2165 (a) The building where a licensee maintains an office and
2166 where all records required by ss. 648.34 and 648.36 are
2167 maintained; or
2168 (b) An entity that:
2169 1. Charges a fee or premium to release an accused defendant
2170 or detainee from jail; or
2171 2. Engages in or employs others to engage in any activity
2172 that may be performed only by a licensed and appointed bail bond
2173 agent.
2174 (3)(2) “Bail bond agent” means a limited surety agent or a
2175 professional bail bond agent as hereafter defined.
2176 (7)(3) “Managing general agent” means any individual,
2177 partnership, association, or corporation appointed or employed
2178 by an insurer to supervise or manage the bail bond business
2179 written in this state by limited surety agents appointed by the
2180 insurer.
2181 (5)(4) “Insurer” means any domestic, foreign, or alien
2182 surety company which has been authorized to transact surety
2183 business in this state.
2184 (6)(5) “Limited surety agent” means any individual
2185 appointed by an insurer by power of attorney to execute or
2186 countersign bail bonds in connection with judicial proceedings
2187 who receives or is promised money or other things of value
2188 therefor.
2189 (4)(6) “Primary Bail bond agent in charge” means a licensed
2190 bail bond agent who is responsible for the overall operation and
2191 management of a bail bond agency location and whose
2192 responsibilities include hiring and supervising all individuals
2193 within that location. A bail bond agent may be designated as the
2194 primary bail bond agent in charge for only one bail bond agency
2195 location.
2196 (8)(7) “Professional bail bond agent” means any person who
2197 pledges United States currency, United States postal money
2198 orders, or cashier’s checks as security for a bail bond in
2199 connection with a judicial proceeding and receives or is
2200 promised therefor money or other things of value.
2201 (9)(8) “Temporary bail bond agent” means a person licensed
2202 before January 1, 2024, who is employed by a bail bond agent or
2203 agency, insurer, or managing general agent, and such licensee
2204 has the same authority as a licensed bail bond agent, including
2205 presenting defendants in court; apprehending, arresting, and
2206 surrendering defendants to the proper authorities, while
2207 accompanied by a supervising bail bond agent or an agent from
2208 the same agency; and keeping defendants under necessary
2209 surveillance. However, a temporary licensee may not execute or
2210 sign bonds, handle collateral receipts, or deliver bonds to
2211 appropriate authorities. A temporary licensee may not operate an
2212 agency or branch agency separate from the location of the
2213 supervising bail bond agent, managing general agent, or insurer
2214 by whom the licensee is employed. This does not affect the right
2215 of a bail bond agent or insurer to hire counsel or to obtain the
2216 assistance of law enforcement officers. A temporary bail bond
2217 agent license expires 18 months after issuance and is no longer
2218 valid on or after June 30, 2025.
2219 Section 56. Subsection (3) of section 648.26, Florida
2220 Statutes, is amended to read:
2221 648.26 Department of Financial Services; administration.—
2222 (3) The papers, documents, reports, or any other
2223 investigatory records of the department are confidential and
2224 exempt from the provisions of s. 119.07(1) until such
2225 investigation is completed or ceases to be active. For the
2226 purpose of this section, an investigation is considered active
2227 “active” while the investigation is being conducted by the
2228 department with a reasonable, good faith belief that it may lead
2229 to the filing of administrative, civil, or criminal proceedings.
2230 An investigation does not cease to be active if the department
2231 is proceeding with reasonable dispatch and there is good faith
2232 belief that action may be initiated by the department or other
2233 administrative or law enforcement agency. This subsection does
2234 not prevent the department or office from disclosing the content
2235 of a complaint or such information as it deems necessary to
2236 conduct the investigation, to update the complainant as to the
2237 status and outcome of the complaint, or to share such
2238 information with any law enforcement agency or other regulatory
2239 body.
2240 Section 57. Subsection (5) of section 648.27, Florida
2241 Statutes, is amended to read:
2242 648.27 Licenses and appointments; general.—
2243 (5)(a) The license of a bail bond agent shall continue in
2244 force, without further examination unless deemed necessary by
2245 the department, until suspended, revoked, or otherwise
2246 terminated.
2247 (b) The license of a temporary bail bond agent shall
2248 continue in force until suspended, revoked, or otherwise
2249 terminated.
2250 Section 58. Section 648.285, Florida Statutes, is amended
2251 to read:
2252 648.285 Bond agency; ownership requirements; applications
2253 for bail bond agency licenses.—
2254 (1) A person may not own, control, manage, or otherwise
2255 have a pecuniary interest in a bail bond agency unless such
2256 individual is a licensed pursuant to s. 648.27, and appointed
2257 through the department, and actively engaged as a bail bond
2258 agent for at least the preceding 24 months. Any agency that is
2259 not in compliance with this subsection is shall be subject to
2260 the issuance of an immediate final order of suspension of its
2261 license and all operations until the agency achieves compliance.
2262 (2) Effective January 1, 2024, the department may issue a
2263 bail bond agency license to any person only after such person
2264 files a written application with the department and qualifies
2265 for such license.
2266 (3) An application for a bail bond agency license must be
2267 signed by an individual required to be listed in the application
2268 under paragraph (a). A bail bond agency license may permit a
2269 third party to complete, submit, and sign an application on the
2270 bail bond agency’s behalf; however, the bail bond agency is
2271 responsible for ensuring that the information on the application
2272 is true and correct, and the bail bond agency is accountable for
2273 any misstatements or misrepresentations. The application for a
2274 bail bond agency license must include:
2275 (a) The name and license number of each owner, partner,
2276 officer, director, president, senior vice president, secretary,
2277 treasurer, and limited liability company member who directs or
2278 participates in the management or control of the bail bond
2279 agency, whether through ownership of voting securities, by
2280 contract, by ownership of any agency bank account, or otherwise.
2281 (b) The residence address of each person required to be
2282 listed in the application under paragraph (a).
2283 (c) The name, principal business street address, and valid
2284 e-mail address of the bail bond agency and the name, address,
2285 and e-mail address of the agency’s registered agent or person or
2286 company authorized to accept service on behalf of the bail bond
2287 agency.
2288 (d) The physical address of each branch bail bond agency,
2289 including its name, e-mail address, and telephone number, and
2290 the date that the branch location began transacting bail bond
2291 business.
2292 (e) The name of the full-time bail bond agent in charge of
2293 the agency office, including branch locations, and his or her
2294 corresponding location.
2295 (f) Such additional information as the department requires
2296 by rule to ascertain the trustworthiness and competence of
2297 persons required to be listed on the application and to
2298 ascertain that such persons meet the requirements of this code.
2299 However, the department may not require that credit or character
2300 reports be submitted for persons required to be listed on the
2301 application.
2302 (4) The department must issue a license to each agency upon
2303 approval of the application, and each agency location must
2304 display the license prominently in a manner that makes it
2305 clearly visible to any customer or potential customer who enters
2306 the agency location.
2307 (5) A bail bond agency that holds a current and valid
2308 registration number with the department shall have its
2309 registration automatically converted to a license on July 1,
2310 2024.
2311 (6) Section 112.011 does not apply to bail bond agencies or
2312 to applicants for licensure as owners of bail bond agencies.
2313 (7)(2) If the owner of a bail bond agency dies or becomes
2314 mentally incapacitated, a personal representative or legal
2315 guardian may be issued a temporary permit to manage the affairs
2316 of the bail bond agency. Such person must appoint or maintain
2317 the appointment of a primary bail bond agent in charge, as
2318 provided in s. 648.387, and may not engage in any activities as
2319 a licensed bail bond agent but must comply with s. 648.387
2320 during the administration of the estate or guardianship. A
2321 temporary permit is valid for a maximum of 24 months.
2322 (8)(3) Application for a temporary permit must be made by
2323 the personal representative or legal guardian upon statements
2324 and affidavits filed with the department on forms prescribed and
2325 furnished by it. The applicant must meet the qualifications for
2326 licensure as a bail bond agent, except for the residency,
2327 examination, education, and experience requirements.
2328 Section 59. Subsection (1) of section 648.30, Florida
2329 Statutes, is amended to read:
2330 648.30 Licensure and appointment required; prohibited acts;
2331 penalties.—
2332 (1)(a) A person or entity may not act in the capacity of a
2333 bail bond agent or temporary bail bond agency agent or perform
2334 any of the functions, duties, or powers prescribed for bail bond
2335 agents or temporary bail bond agencies agents under this chapter
2336 unless that person or entity is qualified, licensed, and
2337 appointed as provided in this chapter and employed by a bail
2338 bond agency.
2339 (b) A bail bond agent may not sell a bail bond issued by an
2340 insurer for which the agent and the agent’s bail bond agency do
2341 not hold a current appointment.
2342 (c) Except as otherwise provided in this part, a person or
2343 entity, other than a bail bond agency or an employee of a bail
2344 bond agency, may not perform any of the functions of a bail bond
2345 agency without a bail bond agency license.
2346 Section 60. Section 648.31, Florida Statutes, is amended to
2347 read:
2348 648.31 Appointment taxes and fees.—The department shall
2349 collect in advance all appointment taxes and fees for the
2350 issuance of any appointment to a bail bond agent or temporary
2351 bail bond agent, as provided in s. 624.501. There is no fee for
2352 the issuance of any appointment to a bail bond agency.
2353 Section 61. Subsection (2) of section 648.34, Florida
2354 Statutes, is amended to read:
2355 648.34 Bail bond agents; qualifications.—
2356 (2) To qualify as a bail bond agent, it must affirmatively
2357 appear at the time of application and throughout the period of
2358 licensure that the applicant has complied with the provisions of
2359 s. 648.355 and has obtained a temporary license pursuant to such
2360 section and:
2361 (a) The applicant Is a natural person who has reached the
2362 age of 18 years and holds a high school diploma or its
2363 equivalent.
2364 (b) The applicant Is a United States citizen or legal alien
2365 who possesses work authorization from the United States Bureau
2366 of Citizenship and Immigration Services and is a resident of
2367 this state. An individual who is a resident of this state shall
2368 be deemed to meet the residence requirement of this paragraph,
2369 notwithstanding the existence, at the time of application for
2370 license, of a license in the applicant’s name on the records of
2371 another state as a resident licensee of such other state, if the
2372 applicant furnishes a letter of clearance satisfactory to the
2373 department that his or her resident licenses have been canceled
2374 or changed to a nonresident basis and that he or she is in good
2375 standing.
2376 (c) Will maintain his or her The place of business of the
2377 applicant will be located in this state and in the county where
2378 the applicant will maintain his or her records and be actively
2379 engaged in the bail bond business and work with a licensed
2380 maintain an agency accessible to the public which is open for
2381 reasonable business hours.
2382 (d) The applicant Is vouched for and recommended upon sworn
2383 statements filed with the department by at least three reputable
2384 citizens who are residents of the same counties in which the
2385 applicant proposes to engage in the bail bond business.
2386 (e) The applicant Is a person of high character and
2387 approved integrity and has not been convicted of or pleaded
2388 guilty or no contest to a felony, a crime involving moral
2389 turpitude, or a crime punishable by imprisonment of 1 year or
2390 more under the law of any state, territory, or country, whether
2391 or not a judgment or conviction has been entered.
2392 (f) Within 2 years immediately before applying for the
2393 license, has successfully completed a basic certification course
2394 in the criminal justice system which consists of at least 120
2395 hours of classroom instruction with a passing grade of 80
2396 percent or higher and has successfully completed a
2397 correspondence course for bail bond agents approved by the
2398 department.
2399 (g)(f) The applicant Has passed any required examination.
2400 Section 62. Section 648.355, Florida Statutes, is amended
2401 to read:
2402 648.355 Temporary limited license as Limited surety agents
2403 and agent or professional bail bond agents agent; qualifications
2404 pending examination.—
2405 (1) The department may, in its discretion, issue a
2406 temporary license as a limited surety agent or professional bail
2407 bond agent, subject to the following conditions:
2408 (a) The applicant is a natural person at least 18 years of
2409 age and holds a high school diploma or its equivalent.
2410 (b) The applicant is a United States citizen or legal alien
2411 who possesses work authorization from the United States Bureau
2412 of Citizenship and Immigration Services and is a resident of
2413 this state. An individual who is a resident of this state shall
2414 be deemed to meet the residence requirement of this paragraph,
2415 notwithstanding the existence, at the time of application for
2416 temporary license, of a license in the individual’s name on the
2417 records of another state as a resident licensee of such other
2418 state, if the applicant furnishes a letter of clearance
2419 satisfactory to the department that the individual’s resident
2420 licenses have been canceled or changed to a nonresident basis
2421 and that the individual is in good standing.
2422 (c) The applicant is a person of high character and
2423 approved integrity and has never been convicted of or pleaded
2424 guilty or no contest to a felony, a crime involving moral
2425 turpitude, or a crime punishable by imprisonment of 1 year or
2426 more under the law of any state, territory, or country, whether
2427 or not a judgment or conviction is entered.
2428 (d) Within 4 years prior to the date of application for a
2429 temporary license, the applicant has successfully completed a
2430 basic certification course in the criminal justice system,
2431 consisting of not less than 120 hours of classroom instruction
2432 with a passing grade of 80 percent or higher and has
2433 successfully completed a correspondence course for bail bond
2434 agents approved by the department.
2435 (e) The applicant must be employed full time at the time of
2436 licensure, and at all times throughout the existence of the
2437 temporary license, by only one licensed and appointed
2438 supervising bail bond agent, who supervises the work of the
2439 applicant and is responsible for the licensee’s conduct in the
2440 bail bond business. The applicant must be appointed by the same
2441 insurers as the supervising bail bond agent. The supervising
2442 bail bond agent shall certify monthly to the department under
2443 oath, on a form prescribed by the department, the names and
2444 hours worked each week of all temporary bail bond agents. Filing
2445 a false certification is grounds for the immediate suspension of
2446 the license and imposition of a $5,000 administrative fine. The
2447 department may adopt rules that establish standards for the
2448 employment requirements.
2449 (f) The application must be accompanied by an affidavit
2450 verifying proposed employment and a report as to the applicant’s
2451 integrity and moral character on a form prescribed by the
2452 department and executed by the proposed employer.
2453 (g) The applicant must file with the department statements
2454 by at least three reputable citizens who are residents of the
2455 same counties in which the applicant proposes to engage as a
2456 temporary licensee.
2457 (h) The applicant’s employer is responsible for the bail
2458 bonding acts of any licensee under this section.
2459 (2) All applicable license fees, as prescribed in s.
2460 624.501, must be paid before issuance of the temporary license.
2461 (3) The temporary license shall be effective for 18 months,
2462 subject to earlier termination at the request of the employer or
2463 if suspended or revoked by the department.
2464 (4) The applicant shall furnish, with the application for
2465 temporary license, a complete set of the applicant’s
2466 fingerprints in accordance with s. 626.171(4) and a recent
2467 credential-sized, fullface photograph of the applicant. The
2468 department may shall not issue a temporary license under this
2469 section until the department has received a report from the
2470 Department of Law Enforcement and the Federal Bureau of
2471 Investigation relative to the existence or nonexistence of a
2472 criminal history report based on the applicant’s fingerprints.
2473 (2)(5) The department may collect a fee necessary to cover
2474 the cost of a character and credit report made by an established
2475 and reputable independent reporting service. The fee shall be
2476 deposited to the credit of the Insurance Regulatory Trust Fund.
2477 (3)(6) Effective July 1, 2023, any individual licensed by
2478 the department as a temporary bail bond agent may take the
2479 required bail bond agent’s licensure examination, may file an
2480 application for a bail bond agent’s license if otherwise
2481 qualified for licensure, and may take the required bail bond
2482 agent’s licensure examination After licensure as a temporary
2483 licensee for at least 12 months, such licensee may file an
2484 application for and become eligible for a regular bail bond
2485 agent’s license based on the licensee’s experience in the bail
2486 bond business and education pursuant to paragraph (1)(d) and, if
2487 otherwise qualified, take the required bail bond agent’s
2488 licensure examination. The applicant and supervising bail bond
2489 agent must each file an affidavit under oath, on a form
2490 prescribed by the department, verifying the required employment
2491 of the temporary agent before issuance of the license.
2492 (7) In no event shall a temporary licensee licensed under
2493 this section perform any of the functions for which a bail bond
2494 agent’s license is required after expiration of the temporary
2495 license without having passed the written examination as for a
2496 regular bail bond agent’s license.
2497 (8)(a) A temporary licensee has the same authority as a
2498 licensed bail bond agent, including presenting defendants in
2499 court; apprehending, arresting, and surrendering defendants to
2500 the proper authorities; and keeping defendants under necessary
2501 surveillance. However, a temporary licensee must be accompanied
2502 by a supervising bail bond agent or an agent from the same
2503 agency when apprehending, arresting, or surrendering defendants
2504 to authorities.
2505 (b) A temporary licensee may not execute or sign bonds,
2506 handle collateral receipts, deliver bonds to appropriate
2507 authorities, or operate an agency or branch agency separate from
2508 the location of the supervising bail bond agent, managing
2509 general agent, or insurer by whom the licensee is employed.
2510 (4)(9) Effective July 1, 2023, the department may not issue
2511 a temporary bail bond agent’s license. An individual currently
2512 licensed as a temporary bail bond agent may continue to be
2513 licensed in accordance with this chapter. A temporary bail bond
2514 agent’s license may not be reinstated if the license expires or
2515 is terminated, suspended, or revoked The department shall not
2516 issue a temporary bail bond agent’s license to any individual
2517 who has held such a temporary license in this state within 2
2518 years after the expiration of such temporary bail bond agent’s
2519 license.
2520 Section 63. Subsections (1) through (4) of section 648.382,
2521 Florida Statutes, are amended to read:
2522 648.382 Appointment of bail bond agents and bail bond
2523 agencies temporary bail bond agents; effective date of
2524 appointment.—
2525 (1)(a) Each insurer or appointing a bail bond agent and
2526 each insurer, managing general agent, or bail bond agent
2527 appointing a temporary bail bond agent or bail bond agency in
2528 this state must file the appointment with the department and, at
2529 the same time, pay the applicable appointment fees and taxes. A
2530 person appointed under this section must hold a valid bail bond
2531 agent’s or temporary bail bond agency’s agent’s license.
2532 (b) Effective July 1, 2025, each insurer or managing
2533 general agent appointing a bail bond agency in this state must
2534 file the appointment with the department. An entity appointed
2535 under this section must hold a valid bail bond agency’s license.
2536 (2) Before Prior to any appointment, an appropriate officer
2537 or official of the appointing insurer in the case of a bail bond
2538 agent or an insurer, managing general agent, or bail bond agent
2539 in the case of a temporary bail bond agent must submit:
2540 (a) A certified statement or affidavit to the department
2541 stating what investigation has been made concerning the proposed
2542 appointee and the proposed appointee’s background and the
2543 appointing person’s opinion to the best of his or her knowledge
2544 and belief as to the moral character and reputation of the
2545 proposed appointee. In lieu of such certified statement or
2546 affidavit, by authorizing the effectuation of an appointment for
2547 a licensee, the appointing entity certifies to the department
2548 that such investigation has been made and that the results of
2549 the investigation and the appointing person’s opinion is that
2550 the proposed appointee is a person of good moral character and
2551 reputation and is fit to engage in the bail bond business;
2552 (b) An affidavit under oath on a form prescribed by the
2553 department, signed by the proposed appointee, stating that
2554 premiums are not owed to any insurer and that the appointee will
2555 discharge all outstanding forfeitures and judgments on bonds
2556 previously written. If the appointee does not satisfy or
2557 discharge such forfeitures or judgments, the former insurer
2558 shall file a notice, with supporting documents, with the
2559 appointing insurer, the former agent or agency, and the
2560 department, stating under oath that the licensee has failed to
2561 timely satisfy forfeitures and judgments on bonds written and
2562 that the insurer has satisfied the forfeiture or judgment from
2563 its own funds. Upon receipt of such notification and supporting
2564 documents, the appointing insurer shall immediately cancel the
2565 licensee’s appointment. The licensee may be reappointed only
2566 upon certification by the former insurer that all forfeitures
2567 and judgments on bonds written by the licensee have been
2568 discharged. The appointing insurer or former agent or agency
2569 may, within 10 days, file a petition with the department seeking
2570 relief from this paragraph. Filing of the petition stays the
2571 duty of the appointing insurer to cancel the appointment until
2572 the department grants or denies the petition; and
2573 (c) Any other information that the department reasonably
2574 requires concerning the proposed appointee; and
2575 (d) Effective January 1, 2025, a certification that the
2576 appointing entity obtained from each appointee the following
2577 sworn statement:
2578
2579 Pursuant to section 648.382(2)(b), Florida Statutes, I
2580 do solemnly swear that I owe no premium to any insurer
2581 and that I will discharge all outstanding forfeitures
2582 and judgments on bonds that have been previously
2583 written. I acknowledge that failure to do this will
2584 result in my active appointments being canceled.
2585
2586 An appointed bail bond agency must have the attestation under
2587 this paragraph signed by its owner.
2588 (3) By authorizing the effectuation of an appointment for a
2589 licensee, the appointing insurer certifies to the department
2590 that the insurer will be bound by the acts of the bail bond
2591 agent or bail bond agency acting within the scope of the agent’s
2592 or agency’s his or her appointment, and, in the case of a
2593 temporary bail bond agent, the appointing insurer, managing
2594 general agent, or bail bond agent, as the case may be, must
2595 certify to the department that he or she will supervise the
2596 temporary bail bond agent’s activities.
2597 (4) Each appointing insurer or, managing general agent, or
2598 bail bond agent must advise the department in writing within 5
2599 days after receiving notice or learning that an appointee has
2600 been arrested for, pled guilty or nolo contendere to, or been
2601 found guilty of, a felony or other offense punishable by
2602 imprisonment of 1 year or more under the law of any
2603 jurisdiction, whether judgment was entered or withheld by the
2604 court.
2605 Section 64. Present subsections (1) through (4) of section
2606 648.386, Florida Statutes, are redesignated as subsections (2)
2607 through (5), respectively, a new subsection (1) is added to that
2608 section, and present subsection (2) of that section is amended,
2609 to read:
2610 648.386 Qualifications for prelicensing and continuing
2611 education schools and instructors.—
2612 (1) DEFINITION OF “CLASSROOM INSTRUCTION”.—As used in this
2613 section, the term “classroom instruction” means a course
2614 designed to be presented to a group of students by a live
2615 instructor using lecture, video, webcast, or virtual or other
2616 audio-video presentation.
2617 (3)(2) SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION
2618 SCHOOLS.—In order to be considered for approval and
2619 certification as an approved limited surety agent and
2620 professional bail bond agent continuing education school, such
2621 entity must:
2622 (a) Provide a minimum of three classroom-instruction
2623 continuing education classes per calendar year.
2624 (b) Submit a course curriculum to the department for
2625 approval.
2626 (c) Offer continuing education classes that comprise which
2627 are comprised of a minimum of 2 hours of approved classroom
2628 instruction coursework and are taught by an approved supervising
2629 instructor or guest lecturer approved by the entity or the
2630 supervising instructor.
2631 Section 65. Section 648.387, Florida Statutes, is amended
2632 to read:
2633 648.387 Primary Bail bond agent in charge agents; duties.—
2634 (1) The owner or operator of a bail bond agency shall
2635 designate a primary bail bond agent in charge for each location,
2636 and shall file with the department the name and license number
2637 of the person and the address of the location on a form approved
2638 by the department. The designation of the primary bail bond
2639 agent in charge may be changed if the department is notified
2640 immediately. Failure to notify the department within 10 working
2641 days after such change is grounds for disciplinary action
2642 pursuant to s. 648.45.
2643 (2) The primary bail bond agent in charge is responsible
2644 for the overall operation and management of a bail bond agency
2645 location, whose responsibilities may include, without
2646 limitations, hiring and supervising of all individuals within
2647 the location, whether they deal with the public in the
2648 solicitation or negotiation of bail bond contracts or in the
2649 collection or accounting of moneys. A person may be designated
2650 as the primary bail bond agent in charge for only one agency and
2651 location.
2652 (3) The department may suspend or revoke the license of the
2653 owner, bail bond agent in charge operator, and primary bail bond
2654 agency agent if the a bail bond agency employs, contracts with,
2655 or uses the services of a person who has had a license denied or
2656 whose license is currently suspended or revoked. However, a
2657 person who has been denied a license for failure to pass a
2658 required examination may be employed to perform clerical or
2659 administrative functions for which licensure is not required.
2660 (4) An owner, a bail bond agent in charge operator, or a
2661 bail bond agency primary agent may not employ, contract with, or
2662 use the services of any person in a bail bond agency who has
2663 been charged with, found guilty of, or pled guilty or nolo
2664 contendere to a felony or a crime punishable by imprisonment of
2665 1 year or more under the law of any jurisdiction, without regard
2666 to whether judgment was entered or withheld by the court.
2667 (5) A bail bond agency location may not conduct surety
2668 business unless a primary bail bond agent in charge is
2669 designated by, and provides services to, the bail bond agency at
2670 all times. If the bail bond agent in charge designated with the
2671 department ends his or her affiliation with the bail bond agency
2672 for any reason, and the bail bond agency fails to designate
2673 another bail bond agent in charge within the 10-day period under
2674 subsection (1) and such failure continues for 90 days, the bail
2675 bond agency license automatically expires on the 91st day after
2676 the date the designated bail bond agent in charge ended his or
2677 her affiliation with the agency The failure to designate a
2678 primary agent on a form prescribed by the department, within 10
2679 working days after an agency’s inception or a change of primary
2680 agent, is a violation of this chapter, punishable as provided in
2681 s. 648.45.
2682 Section 66. Section 648.3875, Florida Statutes, is created
2683 to read:
2684 648.3875 Bail bond agent in charge; qualifications.—
2685 (1) An application for designation as a bail bond agent in
2686 charge must be submitted on forms prescribed by the department.
2687 The application must include the applicant’s full name and the
2688 applicant’s license number issued pursuant to s. 648.27.
2689 (2) To qualify as a bail bond agent in charge, it must
2690 affirmatively appear that, at the time of application and
2691 throughout the period of licensure, the applicant has complied
2692 with s. 648.285 and that the applicant has been licensed as a
2693 bail bond agent for the 24 months immediately preceding the
2694 appointment as the bail bond agent in charge.
2695 Section 67. Section 648.39, Florida Statutes, is amended to
2696 read:
2697 648.39 Termination of appointment of managing general
2698 agents, bail bond agents, and temporary bail bond agencies
2699 agents.—
2700 (1) An insurer that who terminates the appointment of a
2701 managing general agent, bail bond agent, or temporary bail bond
2702 agency agent shall, within 10 days after such termination, file
2703 written notice thereof with the department together with a
2704 statement that it has given or mailed notice to the terminated
2705 agent or agency. Such notice filed with the department must
2706 state the reasons, if any, for such termination. Information so
2707 furnished to the department is confidential and exempt from the
2708 provisions of s. 119.07(1).
2709 (2) Each insurer shall, within 5 days after terminating the
2710 appointment of any managing general agent, bail bond agent, or
2711 temporary bail bond agency agent, give written notice thereof to
2712 each clerk of the circuit court and sheriff with whom such
2713 person is registered.
2714 (3) An insurer that terminates the appointment of a
2715 managing general agent or, bail bond agent, or temporary bail
2716 bond agent may authorize such person to continue to attempt the
2717 arrest and surrender of a defendant for whom a surety bond had
2718 been written by the bail bond agent before prior to termination
2719 and to seek discharge of forfeitures and judgments as provided
2720 in chapter 903.
2721 Section 68. Section 648.41, Florida Statutes, is repealed.
2722 Section 69. Section 648.42, Florida Statutes, is amended to
2723 read:
2724 648.42 Registration of bail bond agents.—A bail bond agent
2725 may not become a surety on an undertaking unless he or she has
2726 registered in the office of the sheriff and with the clerk of
2727 the circuit court in the county in which the bail bond agent
2728 resides. The bail bond agent may register in a like manner in
2729 any other county, and any bail bond agent shall file a certified
2730 copy of his or her appointment by power of attorney from each
2731 insurer which he or she represents as a bail bond agent with
2732 each of such officers. Registration and filing of a certified
2733 copy of renewed power of attorney shall be performed by April 1
2734 of each odd-numbered year. The clerk of the circuit court and
2735 the sheriff may shall not permit the registration of a bail bond
2736 agent unless such bail bond agent is currently licensed by the
2737 department and appointed by an insurer the department. Nothing
2738 in this section shall prevent the registration of a temporary
2739 licensee at the jail for the purposes of enabling the licensee
2740 to perform the duties under such license as set forth in this
2741 chapter.
2742 Section 70. Subsections (1) and (2) and paragraphs (c) and
2743 (d) of subsection (8) of section 648.44, Florida Statutes, are
2744 amended to read:
2745 648.44 Prohibitions; penalty.—
2746 (1) A bail bond agent or temporary bail bond agency agent
2747 may not:
2748 (a) Suggest or advise the employment of, or name for
2749 employment, any particular attorney or attorneys to represent
2750 his or her principal.
2751 (b) Directly or indirectly solicit business in or on the
2752 property or grounds of a jail, prison, or other place where
2753 prisoners are confined or in or on the property or grounds of
2754 any court. The term “solicitation” includes the distribution of
2755 business cards, print advertising, or other written or oral
2756 information directed to prisoners or potential indemnitors,
2757 unless a request is initiated by the prisoner or a potential
2758 indemnitor. Permissible print advertising in the jail is
2759 strictly limited to a listing in a telephone directory and the
2760 posting of the bail bond agent’s or agency’s name, address, e
2761 mail address, web address, and telephone number in a designated
2762 location within the jail.
2763 (c) Initiate in-person or telephone solicitation after 9:00
2764 p.m. or before 8:00 a.m., in the case of domestic violence
2765 cases, at the residence of the detainee or the detainee’s
2766 family. Any solicitation not prohibited by this chapter must
2767 comply with the telephone solicitation requirements in ss.
2768 501.059(2) and (4), 501.613, and 501.616(6).
2769 (d) Wear or display any identification other than the
2770 department issued or approved license or approved department
2771 identification, which includes a citation of the licensee’s
2772 arrest powers, in or on the property or grounds of a jail,
2773 prison, or other place where prisoners are confined or in or on
2774 the property or grounds of any court.
2775 (e) Pay a fee or rebate or give or promise anything of
2776 value to a jailer, police officer, peace officer, or committing
2777 trial court judge or any other person who has power to arrest or
2778 to hold in custody or to any public official or public employee
2779 in order to secure a settlement, compromise, remission, or
2780 reduction of the amount of any bail bond or estreatment thereof.
2781 (f) Pay a fee or rebate or give anything of value to an
2782 attorney in a bail bond matter, except in defense of any action
2783 on a bond.
2784 (g) Pay a fee or rebate or give or promise anything of
2785 value to the principal or anyone in his or her behalf.
2786 (h) Participate in the capacity of an attorney at a trial
2787 or hearing of one on whose bond he or she is surety.
2788 (i) Loiter in or about a jail, courthouse, or where
2789 prisoners are confined.
2790 (j) Accept anything of value from a principal for providing
2791 a bail bond except the premium and transfer fee authorized by
2792 the office, except that the bail bond agent or bail bond agency
2793 may accept collateral security or other indemnity from the
2794 principal or another person in accordance with the provisions of
2795 s. 648.442, together with documentary stamp taxes, if
2796 applicable. No fees, expenses, or charges of any kind shall be
2797 permitted to be deducted from the collateral held or any return
2798 premium due, except as authorized by this chapter or rule of the
2799 department or commission. A bail bond agent or bail bond agency
2800 may, upon written agreement with another party, receive a fee or
2801 compensation for returning to custody an individual who has fled
2802 the jurisdiction of the court or caused the forfeiture of a
2803 bond.
2804 (k) Write more than one power of attorney per charge on a
2805 bond, except in the case of a cosurety, unless the power of
2806 attorney prohibits a cosurety.
2807 (l) Execute a bond in this state on his or her own behalf.
2808 (m) Execute a bond in this state if a judgment has been
2809 entered on a bond executed by the bail bond agent or the bail
2810 bond agency is a named party on the judgment, which has remained
2811 unpaid for 35 days, unless the full amount of the judgment is
2812 deposited with the clerk in accordance with s. 903.27(5).
2813 (n) Make a statement or representation to a court, unless
2814 such statement or representation is under oath. Such statement
2815 or representation may not be false, misleading, or deceptive.
2816 (o) Attempt to collect, through threat or coercion, amounts
2817 due for the payment of any indebtedness related to the issuance
2818 of a bail bond in violation of s. 559.72.
2819 (p) Conduct bail bond business with any person, other than
2820 the defendant, on the grounds of the jail or courthouse for the
2821 purpose of executing a bond.
2822 (2) The following persons or classes may shall not be bail
2823 bond agents, temporary bail bond agents, or employees of a bail
2824 bond agent or a bail bond agency business and may shall not
2825 directly or indirectly receive any benefits from the execution
2826 of any bail bond:
2827 (a) Jailers or persons employed in any jail.
2828 (b) Police officers or employees of any police department
2829 or law enforcement agency.
2830 (c) Committing trial court judges, employees of a court, or
2831 employees of the clerk of any court.
2832 (d) Sheriffs and deputy sheriffs or employees of any
2833 sheriff’s department.
2834 (e) Attorneys.
2835 (f) Persons having the power to arrest or persons who have
2836 authority over or control of federal, state, county, or
2837 municipal prisoners.
2838 (8)
2839 (c) Any law enforcement agency, state attorney’s office,
2840 court clerk, or insurer that is aware that a bail bond agent or
2841 temporary bail bond agent has been convicted of or who has
2842 pleaded guilty or no contest to a crime as described in
2843 paragraph (a) shall notify the department of this fact.
2844 (d) Upon the filing of an information or indictment against
2845 a bail bond agent or temporary bail bond agent, the state
2846 attorney or clerk of the circuit court shall immediately furnish
2847 the department a certified copy of the information or
2848 indictment.
2849 Section 71. Subsection (1) of section 648.441, Florida
2850 Statutes, is amended to read:
2851 648.441 Furnishing supplies to unlicensed bail bond agent
2852 prohibited; civil liability and penalty.—
2853 (1) An insurer, managing general agent, bail bond agent, or
2854 temporary bail bond agency agent appointed under this chapter
2855 may not furnish to any person any blank forms, applications,
2856 stationery, business card, or other supplies to be used in
2857 soliciting, negotiating, or effecting bail bonds until such
2858 person has received from the department a license to act as a
2859 bail bond agent and is appointed by the insurer. This section
2860 does not prohibit an unlicensed employee, under the direct
2861 supervision and control of a licensed and appointed bail bond
2862 agent, from possessing or executing in the bail bond agency, any
2863 forms, except for powers of attorney, bond forms, and collateral
2864 receipts, while acting within the scope of his or her
2865 employment.
2866 Section 72. Subsection (3) of section 648.46, Florida
2867 Statutes, is amended to read:
2868 648.46 Procedure for disciplinary action against
2869 licensees.—
2870 (3) The complaint and all information obtained pursuant to
2871 the investigation of the department are confidential and exempt
2872 from the provisions of s. 119.07(1) until such investigation is
2873 completed or ceases to be active. For the purpose of this
2874 section, an investigation is considered “active” while the
2875 investigation is being conducted by the department with a
2876 reasonable, good faith belief that it may lead to the filing of
2877 administrative, civil, or criminal proceedings. An investigation
2878 does not cease to be active if the department is proceeding with
2879 reasonable dispatch and there is good faith belief that action
2880 may be initiated by the department or other administrative or
2881 law enforcement agency. This subsection does not prevent the
2882 department or office from disclosing the complaint or such
2883 information as it deems necessary to conduct the investigation,
2884 to update the complainant as to the status and outcome of the
2885 complaint, or to share such information with any law enforcement
2886 agency or other regulatory body.
2887 Section 73. Section 648.50, Florida Statutes, is amended to
2888 read:
2889 648.50 Effect of suspension, revocation upon associated
2890 licenses and licensees.—
2891 (1) Upon the suspension, revocation, or refusal to renew or
2892 continue any license or appointment or the eligibility to hold a
2893 license or appointment of a bail bond agent or temporary bail
2894 bond agency agent, the department shall at the same time
2895 likewise suspend or revoke all other licenses or appointments
2896 and the eligibility to hold any other such licenses or
2897 appointments which may be held by the licensee under the Florida
2898 Insurance Code.
2899 (2) In case of the suspension or revocation of the license
2900 or appointment, or the eligibility to hold a license or
2901 appointment, of any bail bond agent, the license, appointment,
2902 or eligibility of any and all bail bond agents who are members
2903 of a bail bond agency, whether incorporated or unincorporated,
2904 and any and all temporary bail bond agents employed by such bail
2905 bond agency, who knowingly are parties to the act which formed
2906 the ground for the suspension or revocation may likewise be
2907 suspended or revoked.
2908 (3) A No person whose license as a bail bond agent or
2909 temporary bail bond agent has been revoked or suspended may not
2910 shall be employed by any bail bond agent, have any ownership
2911 interest in any business involving bail bonds, or have any
2912 financial interest of any type in any bail bond business during
2913 the period of revocation or suspension.
2914 Section 74. Subsections (4) and (6) of section 717.135,
2915 Florida Statutes, are amended to read:
2916 717.135 Recovery agreements and purchase agreements for
2917 claims filed by a claimant’s representative; fees and costs.—
2918 (4) A claimant’s representative must use the Unclaimed
2919 Property Recovery Agreement or the Unclaimed Property Purchase
2920 Agreement as the exclusive means of entering into an agreement
2921 or a contract engaging with a claimant or seller to file a claim
2922 with the department.
2923 (6) A claimant’s representative may not use or distribute
2924 any other agreement of any type, conveyed by any method, form,
2925 or other media with respect to the claimant or seller which
2926 relates, directly or indirectly, to unclaimed property accounts
2927 held by the department or the Chief Financial Officer other than
2928 the agreements authorized by this section. Any engagement,
2929 authorization, recovery, or fee agreement that is not authorized
2930 by this section is void. A claimant’s representative is subject
2931 to administrative and civil enforcement under s. 717.1322 if he
2932 or she uses an agreement that is not authorized by this section.
2933 This subsection does not prohibit lawful nonagreement,
2934 noncontractual, or advertising communications between or among
2935 the parties.
2936 Section 75. Paragraph (a) of subsection (4) of section
2937 843.021, Florida Statutes, is amended to read:
2938 843.021 Unlawful possession of a concealed handcuff key.—
2939 (4)(a) It is a defense to a charge of violating this
2940 section that the person in custody and in possession of a
2941 concealed handcuff key is:
2942 1. A federal, state, or local law enforcement officer,
2943 including a reserve or auxiliary officer, a licensed security
2944 officer, or a private investigator as defined in s. 493.6101; or
2945 2. A professional bail bond agent, temporary bail bond
2946 agent, runner, or limited surety agent as defined in s. 648.25.
2947 Section 76. Section 903.28, Florida Statutes, is amended to
2948 read:
2949 903.28 Remission of forfeiture; conditions.—
2950 (1) On application within 2 years from forfeiture, the
2951 court shall order remission of the forfeiture if it determines
2952 that there was no breach of the bond.
2953 (2) If the defendant surrenders or is apprehended or
2954 deceased within 90 days after forfeiture, the court, on motion
2955 at a hearing upon notice having been given to the clerk of the
2956 circuit court and the state attorney as required in subsection
2957 (9) (8), shall direct remission of up to, but not more than, 100
2958 percent of a forfeiture if the surety apprehended and
2959 surrendered the defendant or if the apprehension or surrender of
2960 the defendant was substantially procured or caused by the
2961 surety;, or the surety has substantially attempted to procure or
2962 cause the apprehension or surrender of the defendant; or the
2963 defendant is deceased, and the delay has not thwarted the proper
2964 prosecution of the defendant. In addition, remission shall be
2965 granted when the surety did not substantially participate or
2966 attempt to participate in the apprehension or surrender of the
2967 defendant when the costs of returning the defendant to the
2968 jurisdiction of the court, as provided in s. 903.21(3), have
2969 been deducted from the remission and when the delay has not
2970 thwarted the proper prosecution of the defendant.
2971 (3) If the defendant surrenders or is apprehended or
2972 deceased within 180 days after forfeiture, the court, on motion
2973 at a hearing upon notice having been given to the clerk of the
2974 circuit court and the state attorney as required in subsection
2975 (9) (8), shall direct remission of up to, but not more than, 95
2976 percent of a forfeiture if the surety apprehended and
2977 surrendered the defendant or if the apprehension or surrender of
2978 the defendant was substantially procured or caused by the
2979 surety;, or the surety has substantially attempted to procure or
2980 cause the apprehension or surrender of the defendant; or the
2981 defendant is deceased, and the delay has not thwarted the proper
2982 prosecution of the defendant. In addition, remission shall be
2983 granted when the surety did not substantially participate or
2984 attempt to participate in the apprehension or surrender of the
2985 defendant when the costs of returning the defendant to the
2986 jurisdiction of the court, as provided in s. 903.21(3), have
2987 been deducted from the remission and when the delay has not
2988 thwarted the proper prosecution of the defendant.
2989 (4) If the defendant surrenders or is apprehended or
2990 deceased within 270 days after forfeiture, the court, on motion
2991 at a hearing upon notice having been given to the clerk of the
2992 circuit court and the state attorney as required in subsection
2993 (9) (8), shall direct remission of up to, but not more than, 90
2994 percent of a forfeiture if the surety apprehended and
2995 surrendered the defendant or if the apprehension or surrender of
2996 the defendant was substantially procured or caused by the
2997 surety;, or the surety has substantially attempted to procure or
2998 cause the apprehension or surrender of the defendant; or the
2999 defendant is deceased, and the delay has not thwarted the proper
3000 prosecution of the defendant. In addition, remission shall be
3001 granted when the surety did not substantially participate or
3002 attempt to participate in the apprehension or surrender of the
3003 defendant when the costs of returning the defendant to the
3004 jurisdiction of the court, as provided in s. 903.21(3), have
3005 been deducted from the remission and when the delay has not
3006 thwarted the proper prosecution of the defendant.
3007 (5) If the defendant surrenders or is apprehended or
3008 deceased within 1 year after forfeiture, the court, on motion at
3009 a hearing upon notice having been given to the clerk of the
3010 circuit court and the state attorney as required in subsection
3011 (9) (8), shall direct remission of up to, but not more than, 85
3012 percent of a forfeiture if the surety apprehended and
3013 surrendered the defendant or if the apprehension or surrender of
3014 the defendant was substantially procured or caused by the
3015 surety;, or the surety has substantially attempted to procure or
3016 cause the apprehension or surrender of the defendant; or the
3017 defendant is deceased, and the delay has not thwarted the proper
3018 prosecution of the defendant. In addition, remission shall be
3019 granted when the surety did not substantially participate or
3020 attempt to participate in the apprehension or surrender of the
3021 defendant when the costs of returning the defendant to the
3022 jurisdiction of the court, as provided in s. 903.21(3), have
3023 been deducted from the remission and when the delay has not
3024 thwarted the proper prosecution of the defendant.
3025 (6) If the defendant surrenders or is apprehended or
3026 deceased within 2 years after forfeiture, the court, on motion
3027 at a hearing upon notice having been given to the clerk of the
3028 circuit court and the state attorney as required in subsection
3029 (9) (8), shall direct remission of up to, but not more than, 50
3030 percent of a forfeiture if the surety apprehended and
3031 surrendered the defendant or if the apprehension or surrender of
3032 the defendant was substantially procured or caused by the
3033 surety;, or the surety has substantially attempted to procure or
3034 cause the apprehension or surrender of the defendant; or the
3035 defendant is deceased, and the delay has not thwarted the proper
3036 prosecution of the defendant. In addition, remission shall be
3037 granted when the surety did not substantially participate or
3038 attempt to participate in the apprehension or surrender of the
3039 defendant when the costs of returning the defendant to the
3040 jurisdiction of the court, as provided in s. 903.21(3), have
3041 been deducted from the remission and when the delay has not
3042 thwarted the proper prosecution of the defendant.
3043 (7) Within 2 years after the date of forfeiture, if the
3044 state is unwilling to seek extradition of the defendant from any
3045 jail or prison after a request by the surety agent or the surety
3046 company, and contingent upon the surety agent or surety company
3047 consenting to pay all costs incurred by an official in returning
3048 the defendant to the jurisdiction of the court, as provided in
3049 s. 903.21(3), up to the penal amount of the bond, the court
3050 shall direct remission of 100 percent of the forfeiture.
3051 (8) The remission of a forfeiture may not be ordered for
3052 any reason other than as specified herein.
3053 (9)(8) An application for remission must be accompanied by
3054 affidavits setting forth the facts on which it is founded;
3055 however, the surety must establish by further documentation or
3056 other evidence any claimed attempt at procuring or causing the
3057 apprehension or surrender of the defendant before the court may
3058 order remission based upon an attempt to procure or cause such
3059 apprehension or surrender. The clerk of the circuit court and
3060 the state attorney must be given 20 days’ notice before a
3061 hearing on an application and be furnished copies of all papers,
3062 applications, and affidavits. Remission shall be granted on the
3063 condition of payment of costs as provided in s. 903.21(3),
3064 unless the ground for remission is that there was no breach of
3065 the bond.
3066 (10)(9) The clerk of the circuit court may enter into a
3067 contract with a private attorney or into an interagency
3068 agreement with a governmental agency to represent the clerk of
3069 the court in an action for the remission of a forfeiture under
3070 this section.
3071 (11)(10) The clerk of the circuit court is the real party
3072 in interest for all appeals arising from an action for the
3073 remission of a forfeiture under this section.
3074 Section 77. Paragraph (b) of subsection (6) of section
3075 28.2221, Florida Statutes, is amended to read:
3076 28.2221 Electronic access to official records.—
3077 (6)
3078 (b)1. For the purpose of conducting a title search, as
3079 defined in s. 627.7711(4), of the Official Records, as described
3080 in s. 28.222(2), and upon presentation of photo identification
3081 and affirmation by sworn affidavit consistent with s. 92.50 to
3082 the county recorder, information restricted from public display,
3083 inspection, or copying under paragraph (5)(a) pursuant to a
3084 request for removal made under s. 119.071(4)(d) may be disclosed
3085 to:
3086 a. A title insurer authorized pursuant to s. 624.401 and
3087 its affiliates as defined in s. 624.10;
3088 b. A title insurance agent or title insurance agency as
3089 those terms are defined in s. 626.841 s. 626.841(1) and (2),
3090 respectively; or
3091 c. An attorney duly admitted to practice law in this state
3092 and in good standing with The Florida Bar.
3093 2. The photo identification and affirmation by sworn
3094 affidavit may be delivered in person, by mail, or by electronic
3095 transmission to the county recorder.
3096 3. The affiant requestor must attest to his or her
3097 authority and the authorized purpose to access exempt
3098 information pursuant to this section for the property specified
3099 within the sworn affidavit.
3100 4. The affiant requestor must identify the Official Records
3101 book and page number, instrument number, or the clerk’s file
3102 number for each document requested within the sworn affidavit
3103 and must include a description of the lawful purpose and
3104 identify the individual or property that is the subject of the
3105 search within the sworn affidavit.
3106 5. Affidavits submitted by a title insurer, title insurance
3107 agent, or title insurance agency must include the Florida
3108 Company Code or the license number, as applicable, and an
3109 attestation to the affiant requestor’s authorization to transact
3110 business in this state. Affidavits submitted by an attorney
3111 authorized under this section must include the affiant
3112 requestor’s Florida Bar number and a statement that the affiant
3113 requestor has an agency agreement with a title insurer directly
3114 or through his or her law firm.
3115 6. The county recorder must record such affidavit in the
3116 Official Records, as described in s. 28.222(2), but may not
3117 place the image or copy of the affidavit on a publicly available
3118 Internet website for general public display.
3119 7. Upon providing a document disclosing redacted
3120 information to an affiant requestor under this section, the
3121 county recorder must provide a copy of the affidavit requesting
3122 disclosure of the redacted information to each affected party at
3123 the address listed on the document or on the request for removal
3124 made by the affected party under s. 119.071. The county recorder
3125 must prepare a certificate of mailing to be affixed to the
3126 affidavit and must receive the statutory service charges as
3127 prescribed by s. 28.24 from the affiant requestor.
3128 8. Any party making a false attestation under this section
3129 is subject to the penalty of perjury under s. 837.012.
3130 Section 78. Paragraph (d) of subsection (4) of section
3131 119.071, Florida Statutes, is amended to read:
3132 119.071 General exemptions from inspection or copying of
3133 public records.—
3134 (4) AGENCY PERSONNEL INFORMATION.—
3135 (d)1. For purposes of this paragraph, the term:
3136 a. “Home addresses” means the dwelling location at which an
3137 individual resides and includes the physical address, mailing
3138 address, street address, parcel identification number, plot
3139 identification number, legal property description, neighborhood
3140 name and lot number, GPS coordinates, and any other descriptive
3141 property information that may reveal the home address.
3142 b. “Telephone numbers” includes home telephone numbers,
3143 personal cellular telephone numbers, personal pager telephone
3144 numbers, and telephone numbers associated with personal
3145 communications devices.
3146 2.a. The home addresses, telephone numbers, dates of birth,
3147 and photographs of active or former sworn law enforcement
3148 personnel or of active or former civilian personnel employed by
3149 a law enforcement agency, including correctional and
3150 correctional probation officers, personnel of the Department of
3151 Children and Families whose duties include the investigation of
3152 abuse, neglect, exploitation, fraud, theft, or other criminal
3153 activities, personnel of the Department of Health whose duties
3154 are to support the investigation of child abuse or neglect, and
3155 personnel of the Department of Revenue or local governments
3156 whose responsibilities include revenue collection and
3157 enforcement or child support enforcement; the names, home
3158 addresses, telephone numbers, photographs, dates of birth, and
3159 places of employment of the spouses and children of such
3160 personnel; and the names and locations of schools and day care
3161 facilities attended by the children of such personnel are exempt
3162 from s. 119.07(1) and s. 24(a), Art. I of the State
3163 Constitution.
3164 b. The home addresses, telephone numbers, dates of birth,
3165 and photographs of current or former nonsworn investigative
3166 personnel of the Department of Financial Services whose duties
3167 include the investigation of fraud, theft, workers’ compensation
3168 coverage requirements and compliance, other related criminal
3169 activities, or state regulatory requirement violations; the
3170 names, home addresses, telephone numbers, dates of birth, and
3171 places of employment of the spouses and children of such
3172 personnel; and the names and locations of schools and day care
3173 facilities attended by the children of such personnel are exempt
3174 from s. 119.07(1) and s. 24(a), Art. I of the State
3175 Constitution.
3176 c. The home addresses, telephone numbers, dates of birth,
3177 and photographs of current or former nonsworn investigative
3178 personnel of the Office of Financial Regulation’s Bureau of
3179 Financial Investigations whose duties include the investigation
3180 of fraud, theft, other related criminal activities, or state
3181 regulatory requirement violations; the names, home addresses,
3182 telephone numbers, dates of birth, and places of employment of
3183 the spouses and children of such personnel; and the names and
3184 locations of schools and day care facilities attended by the
3185 children of such personnel are exempt from s. 119.07(1) and s.
3186 24(a), Art. I of the State Constitution.
3187 d. The home addresses, telephone numbers, dates of birth,
3188 and photographs of current or former firefighters certified in
3189 compliance with s. 633.408; the names, home addresses, telephone
3190 numbers, photographs, dates of birth, and places of employment
3191 of the spouses and children of such firefighters; and the names
3192 and locations of schools and day care facilities attended by the
3193 children of such firefighters are exempt from s. 119.07(1) and
3194 s. 24(a), Art. I of the State Constitution.
3195 e. The home addresses, dates of birth, and telephone
3196 numbers of current or former justices of the Supreme Court,
3197 district court of appeal judges, circuit court judges, and
3198 county court judges; the names, home addresses, telephone
3199 numbers, dates of birth, and places of employment of the spouses
3200 and children of current or former justices and judges; and the
3201 names and locations of schools and day care facilities attended
3202 by the children of current or former justices and judges are
3203 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3204 Constitution.
3205 f. The home addresses, telephone numbers, dates of birth,
3206 and photographs of current or former state attorneys, assistant
3207 state attorneys, statewide prosecutors, or assistant statewide
3208 prosecutors; the names, home addresses, telephone numbers,
3209 photographs, dates of birth, and places of employment of the
3210 spouses and children of current or former state attorneys,
3211 assistant state attorneys, statewide prosecutors, or assistant
3212 statewide prosecutors; and the names and locations of schools
3213 and day care facilities attended by the children of current or
3214 former state attorneys, assistant state attorneys, statewide
3215 prosecutors, or assistant statewide prosecutors are exempt from
3216 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
3217 g. The home addresses, dates of birth, and telephone
3218 numbers of general magistrates, special magistrates, judges of
3219 compensation claims, administrative law judges of the Division
3220 of Administrative Hearings, and child support enforcement
3221 hearing officers; the names, home addresses, telephone numbers,
3222 dates of birth, and places of employment of the spouses and
3223 children of general magistrates, special magistrates, judges of
3224 compensation claims, administrative law judges of the Division
3225 of Administrative Hearings, and child support enforcement
3226 hearing officers; and the names and locations of schools and day
3227 care facilities attended by the children of general magistrates,
3228 special magistrates, judges of compensation claims,
3229 administrative law judges of the Division of Administrative
3230 Hearings, and child support enforcement hearing officers are
3231 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3232 Constitution.
3233 h. The home addresses, telephone numbers, dates of birth,
3234 and photographs of current or former human resource, labor
3235 relations, or employee relations directors, assistant directors,
3236 managers, or assistant managers of any local government agency
3237 or water management district whose duties include hiring and
3238 firing employees, labor contract negotiation, administration, or
3239 other personnel-related duties; the names, home addresses,
3240 telephone numbers, dates of birth, and places of employment of
3241 the spouses and children of such personnel; and the names and
3242 locations of schools and day care facilities attended by the
3243 children of such personnel are exempt from s. 119.07(1) and s.
3244 24(a), Art. I of the State Constitution.
3245 i. The home addresses, telephone numbers, dates of birth,
3246 and photographs of current or former code enforcement officers;
3247 the names, home addresses, telephone numbers, dates of birth,
3248 and places of employment of the spouses and children of such
3249 personnel; and the names and locations of schools and day care
3250 facilities attended by the children of such personnel are exempt
3251 from s. 119.07(1) and s. 24(a), Art. I of the State
3252 Constitution.
3253 j. The home addresses, telephone numbers, places of
3254 employment, dates of birth, and photographs of current or former
3255 guardians ad litem, as defined in s. 39.820; the names, home
3256 addresses, telephone numbers, dates of birth, and places of
3257 employment of the spouses and children of such persons; and the
3258 names and locations of schools and day care facilities attended
3259 by the children of such persons are exempt from s. 119.07(1) and
3260 s. 24(a), Art. I of the State Constitution.
3261 k. The home addresses, telephone numbers, dates of birth,
3262 and photographs of current or former juvenile probation
3263 officers, juvenile probation supervisors, detention
3264 superintendents, assistant detention superintendents, juvenile
3265 justice detention officers I and II, juvenile justice detention
3266 officer supervisors, juvenile justice residential officers,
3267 juvenile justice residential officer supervisors I and II,
3268 juvenile justice counselors, juvenile justice counselor
3269 supervisors, human services counselor administrators, senior
3270 human services counselor administrators, rehabilitation
3271 therapists, and social services counselors of the Department of
3272 Juvenile Justice; the names, home addresses, telephone numbers,
3273 dates of birth, and places of employment of spouses and children
3274 of such personnel; and the names and locations of schools and
3275 day care facilities attended by the children of such personnel
3276 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3277 Constitution.
3278 l. The home addresses, telephone numbers, dates of birth,
3279 and photographs of current or former public defenders, assistant
3280 public defenders, criminal conflict and civil regional counsel,
3281 and assistant criminal conflict and civil regional counsel; the
3282 names, home addresses, telephone numbers, dates of birth, and
3283 places of employment of the spouses and children of current or
3284 former public defenders, assistant public defenders, criminal
3285 conflict and civil regional counsel, and assistant criminal
3286 conflict and civil regional counsel; and the names and locations
3287 of schools and day care facilities attended by the children of
3288 current or former public defenders, assistant public defenders,
3289 criminal conflict and civil regional counsel, and assistant
3290 criminal conflict and civil regional counsel are exempt from s.
3291 119.07(1) and s. 24(a), Art. I of the State Constitution.
3292 m. The home addresses, telephone numbers, dates of birth,
3293 and photographs of current or former investigators or inspectors
3294 of the Department of Business and Professional Regulation; the
3295 names, home addresses, telephone numbers, dates of birth, and
3296 places of employment of the spouses and children of such current
3297 or former investigators and inspectors; and the names and
3298 locations of schools and day care facilities attended by the
3299 children of such current or former investigators and inspectors
3300 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3301 Constitution.
3302 n. The home addresses, telephone numbers, and dates of
3303 birth of county tax collectors; the names, home addresses,
3304 telephone numbers, dates of birth, and places of employment of
3305 the spouses and children of such tax collectors; and the names
3306 and locations of schools and day care facilities attended by the
3307 children of such tax collectors are exempt from s. 119.07(1) and
3308 s. 24(a), Art. I of the State Constitution.
3309 o. The home addresses, telephone numbers, dates of birth,
3310 and photographs of current or former personnel of the Department
3311 of Health whose duties include, or result in, the determination
3312 or adjudication of eligibility for social security disability
3313 benefits, the investigation or prosecution of complaints filed
3314 against health care practitioners, or the inspection of health
3315 care practitioners or health care facilities licensed by the
3316 Department of Health; the names, home addresses, telephone
3317 numbers, dates of birth, and places of employment of the spouses
3318 and children of such personnel; and the names and locations of
3319 schools and day care facilities attended by the children of such
3320 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
3321 the State Constitution.
3322 p. The home addresses, telephone numbers, dates of birth,
3323 and photographs of current or former impaired practitioner
3324 consultants who are retained by an agency or current or former
3325 employees of an impaired practitioner consultant whose duties
3326 result in a determination of a person’s skill and safety to
3327 practice a licensed profession; the names, home addresses,
3328 telephone numbers, dates of birth, and places of employment of
3329 the spouses and children of such consultants or their employees;
3330 and the names and locations of schools and day care facilities
3331 attended by the children of such consultants or employees are
3332 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3333 Constitution.
3334 q. The home addresses, telephone numbers, dates of birth,
3335 and photographs of current or former emergency medical
3336 technicians or paramedics certified under chapter 401; the
3337 names, home addresses, telephone numbers, dates of birth, and
3338 places of employment of the spouses and children of such
3339 emergency medical technicians or paramedics; and the names and
3340 locations of schools and day care facilities attended by the
3341 children of such emergency medical technicians or paramedics are
3342 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3343 Constitution.
3344 r. The home addresses, telephone numbers, dates of birth,
3345 and photographs of current or former personnel employed in an
3346 agency’s office of inspector general or internal audit
3347 department whose duties include auditing or investigating waste,
3348 fraud, abuse, theft, exploitation, or other activities that
3349 could lead to criminal prosecution or administrative discipline;
3350 the names, home addresses, telephone numbers, dates of birth,
3351 and places of employment of spouses and children of such
3352 personnel; and the names and locations of schools and day care
3353 facilities attended by the children of such personnel are exempt
3354 from s. 119.07(1) and s. 24(a), Art. I of the State
3355 Constitution.
3356 s. The home addresses, telephone numbers, dates of birth,
3357 and photographs of current or former directors, managers,
3358 supervisors, nurses, and clinical employees of an addiction
3359 treatment facility; the home addresses, telephone numbers,
3360 photographs, dates of birth, and places of employment of the
3361 spouses and children of such personnel; and the names and
3362 locations of schools and day care facilities attended by the
3363 children of such personnel are exempt from s. 119.07(1) and s.
3364 24(a), Art. I of the State Constitution. For purposes of this
3365 sub-subparagraph, the term “addiction treatment facility” means
3366 a county government, or agency thereof, that is licensed
3367 pursuant to s. 397.401 and provides substance abuse prevention,
3368 intervention, or clinical treatment, including any licensed
3369 service component described in s. 397.311(26).
3370 t. The home addresses, telephone numbers, dates of birth,
3371 and photographs of current or former directors, managers,
3372 supervisors, and clinical employees of a child advocacy center
3373 that meets the standards of s. 39.3035(2) and fulfills the
3374 screening requirement of s. 39.3035(3), and the members of a
3375 Child Protection Team as described in s. 39.303 whose duties
3376 include supporting the investigation of child abuse or sexual
3377 abuse, child abandonment, child neglect, and child exploitation
3378 or to provide services as part of a multidisciplinary case
3379 review team; the names, home addresses, telephone numbers,
3380 photographs, dates of birth, and places of employment of the
3381 spouses and children of such personnel and members; and the
3382 names and locations of schools and day care facilities attended
3383 by the children of such personnel and members are exempt from s.
3384 119.07(1) and s. 24(a), Art. I of the State Constitution.
3385 u. The home addresses, telephone numbers, places of
3386 employment, dates of birth, and photographs of current or former
3387 staff and domestic violence advocates, as defined in s.
3388 90.5036(1)(b), of domestic violence centers certified by the
3389 Department of Children and Families under chapter 39; the names,
3390 home addresses, telephone numbers, places of employment, dates
3391 of birth, and photographs of the spouses and children of such
3392 personnel; and the names and locations of schools and day care
3393 facilities attended by the children of such personnel are exempt
3394 from s. 119.07(1) and s. 24(a), Art. I of the State
3395 Constitution.
3396 3. An agency that is the custodian of the information
3397 specified in subparagraph 2. and that is not the employer of the
3398 officer, employee, justice, judge, or other person specified in
3399 subparagraph 2. must maintain the exempt status of that
3400 information only if the officer, employee, justice, judge, other
3401 person, or employing agency of the designated employee submits a
3402 written and notarized request for maintenance of the exemption
3403 to the custodial agency. The request must state under oath the
3404 statutory basis for the individual’s exemption request and
3405 confirm the individual’s status as a party eligible for exempt
3406 status.
3407 4.a. A county property appraiser, as defined in s.
3408 192.001(3), or a county tax collector, as defined in s.
3409 192.001(4), who receives a written and notarized request for
3410 maintenance of the exemption pursuant to subparagraph 3. must
3411 comply by removing the name of the individual with exempt status
3412 and the instrument number or Official Records book and page
3413 number identifying the property with the exempt status from all
3414 publicly available records maintained by the property appraiser
3415 or tax collector. For written requests received on or before
3416 July 1, 2021, a county property appraiser or county tax
3417 collector must comply with this sub-subparagraph by October 1,
3418 2021. A county property appraiser or county tax collector may
3419 not remove the street address, legal description, or other
3420 information identifying real property within the agency’s
3421 records so long as a name or personal information otherwise
3422 exempt from inspection and copying pursuant to this section are
3423 not associated with the property or otherwise displayed in the
3424 public records of the agency.
3425 b. Any information restricted from public display,
3426 inspection, or copying under sub-subparagraph a. must be
3427 provided to the individual whose information was removed.
3428 5. An officer, an employee, a justice, a judge, or other
3429 person specified in subparagraph 2. may submit a written request
3430 for the release of his or her exempt information to the
3431 custodial agency. The written request must be notarized and must
3432 specify the information to be released and the party authorized
3433 to receive the information. Upon receipt of the written request,
3434 the custodial agency must release the specified information to
3435 the party authorized to receive such information.
3436 6. The exemptions in this paragraph apply to information
3437 held by an agency before, on, or after the effective date of the
3438 exemption.
3439 7. Information made exempt under this paragraph may be
3440 disclosed pursuant to s. 28.2221 to a title insurer authorized
3441 pursuant to s. 624.401 and its affiliates as defined in s.
3442 624.10; a title insurance agent or title insurance agency as
3443 those terms are defined in s. 626.841 s. 626.841(1) or (2),
3444 respectively; or an attorney duly admitted to practice law in
3445 this state and in good standing with The Florida Bar.
3446 8. The exempt status of a home address contained in the
3447 Official Records is maintained only during the period when a
3448 protected party resides at the dwelling location. Upon
3449 conveyance of real property after October 1, 2021, and when such
3450 real property no longer constitutes a protected party’s home
3451 address as defined in sub-subparagraph 1.a., the protected party
3452 must submit a written request to release the removed information
3453 to the county recorder. The written request to release the
3454 removed information must be notarized, must confirm that a
3455 protected party’s request for release is pursuant to a
3456 conveyance of his or her dwelling location, and must specify the
3457 Official Records book and page, instrument number, or clerk’s
3458 file number for each document containing the information to be
3459 released.
3460 9. Upon the death of a protected party as verified by a
3461 certified copy of a death certificate or court order, any party
3462 can request the county recorder to release a protected
3463 decedent’s removed information unless there is a related request
3464 on file with the county recorder for continued removal of the
3465 decedent’s information or unless such removal is otherwise
3466 prohibited by statute or by court order. The written request to
3467 release the removed information upon the death of a protected
3468 party must attach the certified copy of a death certificate or
3469 court order and must be notarized, must confirm the request for
3470 release is due to the death of a protected party, and must
3471 specify the Official Records book and page number, instrument
3472 number, or clerk’s file number for each document containing the
3473 information to be released. A fee may not be charged for the
3474 release of any document pursuant to such request.
3475 10. This paragraph is subject to the Open Government Sunset
3476 Review Act in accordance with s. 119.15 and shall stand repealed
3477 on October 2, 2024, unless reviewed and saved from repeal
3478 through reenactment by the Legislature.
3479 Section 79. Subsection (4) of section 631.152, Florida
3480 Statutes, is amended to read:
3481 631.152 Conduct of delinquency proceeding; foreign
3482 insurers.—
3483 (4) Section 631.141(10)(b) 631.141(9)(b) applies to
3484 ancillary delinquency proceedings opened for the purpose of
3485 obtaining records necessary to adjudicate the covered claims of
3486 Florida policyholders.
3487 Section 80. Paragraph (b) of subsection (3) of section
3488 631.398, Florida Statutes, is amended to read:
3489 631.398 Prevention of insolvencies.—To aid in the detection
3490 and prevention of insurer insolvencies or impairments:
3491 (3)
3492 (b) For an insolvency involving a domestic property
3493 insurer, the department shall:
3494 1. Begin an analysis of the history and causes of the
3495 insolvency once the department is appointed by the court as
3496 receiver.
3497 2. Submit an initial report analyzing the history and
3498 causes of the insolvency to the Governor, the President of the
3499 Senate, the Speaker of the House of Representatives, and the
3500 office. The initial report must be submitted no later than 4
3501 months after the department is appointed as receiver. The
3502 initial report shall be updated at least annually until the
3503 submission of the final report. The report may not be used as
3504 evidence in any proceeding brought by the department or others
3505 to recover assets on behalf of the receivership estate as part
3506 of its duties under s. 631.141(9) s. 631.141(8). The submission
3507 of a report under this subparagraph shall not be considered a
3508 waiver of any evidentiary privilege the department may assert
3509 under state or federal law.
3510 3. Provide a special report to the Governor, the President
3511 of the Senate, the Speaker of the House of Representatives, and
3512 the office, within 10 days upon identifying any condition or
3513 practice that may lead to insolvency in the property insurance
3514 marketplace.
3515 4. Submit a final report analyzing the history and causes
3516 of the insolvency and the review of the Office of Insurance
3517 Regulation’s regulatory oversight of the insurer to the
3518 Governor, the President of the Senate, the Speaker of the House
3519 of Representatives, and the office within 30 days of the
3520 conclusion of the insolvency proceeding.
3521 5. Review the Office of Insurance Regulation’s regulatory
3522 oversight of the insurer.
3523 Section 81. Subsection (2) of section 903.09, Florida
3524 Statutes, is amended to read:
3525 903.09 Justification of sureties.—
3526 (2) A bond agent, as defined in s. 648.25 s. 648.25(2),
3527 shall justify her or his suretyship by attaching a copy of the
3528 power of attorney issued by the company to the bond or by
3529 attaching to the bond United States currency, a United States
3530 postal money order, or a cashier’s check in the amount of the
3531 bond; but the United States currency, United States postal money
3532 order, or cashier’s check cannot be used to secure more than one
3533 bond. Nothing herein shall prohibit two or more qualified
3534 sureties from each posting any portion of a bond amount, and
3535 being liable for only that amount, so long as the total posted
3536 by all cosureties is equal to the amount of bond required.
3537 Section 82. (1) The following rule is ratified for the sole
3538 and exclusive purpose of satisfying any condition on the
3539 effectiveness imposed under s. 120.541(3), Florida Statutes:
3540 Rule 69L-7.020, Florida Administrative Code, titled “Florida
3541 Workers’ Compensation Health Care Provider Reimbursement Manual”
3542 as filed for adoption with the Department of State pursuant to
3543 the certification package dated October 22, 2021.
3544 (2) This section serves no other purpose and may not be
3545 codified in the Florida Statutes. After this section becomes
3546 law, its enactment and effective dates shall be noted in the
3547 Florida Administrative Code, the Florida Administrative
3548 Register, or both, as appropriate. This section does not alter
3549 rulemaking additions delegated by prior law, does not constitute
3550 legislative preemption of or exception to any provision of law
3551 governing adoption or enforcement of the rule cited, and is
3552 intended to preserve the status of any cited rule as a rule
3553 under chapter 120, Florida Statutes. This section does not cure
3554 any rulemaking defect or preempt any challenge based on a lack
3555 of authority or a violation of the legal requirements governing
3556 the adoption of any rule cited.
3557 (3) This section takes effect July 1, 2023.
3558 Section 83. Except as otherwise expressly provided in this
3559 act, this act shall take effect upon becoming a law.
3560
3561 ================= T I T L E A M E N D M E N T ================
3562 And the title is amended as follows:
3563 Delete everything before the enacting clause
3564 and insert:
3565 A bill to be entitled
3566 An act relating to the Department of Financial
3567 Services; amending s. 20.121, F.S.; revising powers
3568 and duties of the department’s Division of
3569 Investigative and Forensic Services; deleting the
3570 department’s Strategic Markets Research and Assessment
3571 Unit; amending s. 39.6035, F.S.; deleting a
3572 requirement for the Department of Children and
3573 Families and the community-based care lead agency to
3574 provide certain financial literacy curriculum
3575 information to certain youth; amending s. 112.215,
3576 F.S.; redefining the term “employee” as “government
3577 employee” and revising the definition of the term;
3578 revising eligibility for plans of deferred
3579 compensation established by the Chief Financial
3580 Officer; revising the membership of the Deferred
3581 Compensation Advisory Council; making technical
3582 changes; amending s. 215.422, F.S.; revising the
3583 timeframe by which certain payments to health care
3584 providers for services to be reimbursed by a state
3585 agency or the judicial branch must be made; amending
3586 s. 274.01, F.S.; revising the definition of the term
3587 “governmental unit” for purposes of ch. 274, F.S.;
3588 amending s. 409.1451, F.S.; conforming a provision to
3589 changes made by the act; amending s. 440.13, F.S.;
3590 authorizing, rather than requiring, a judge of
3591 compensation claims to order an injured employee’s
3592 evaluation by an expert medical advisor under certain
3593 circumstances; revising the schedules of maximum
3594 reimbursement allowances determined by the three
3595 member panel under the Workers’ Compensation Law;
3596 revising reimbursement requirements for certain
3597 providers; requiring the department to annually notify
3598 carriers and self-insurers of certain schedules;
3599 requiring the publication of a schedule in a certain
3600 manner; providing construction; revising factors the
3601 panel must consider in establishing the uniform
3602 schedule of maximum reimbursement allowances; deleting
3603 certain standards for practice parameters; amending s.
3604 440.38, F.S.; specifying requirements for forms used
3605 by the department to evidence certain workers’
3606 compensation coverage of an employer; amending s.
3607 440.385, F.S.; revising eligibility requirements for
3608 the board of directors of the Florida Self-Insurers
3609 Guaranty Association, Incorporated; authorizing the
3610 Chief Financial Officer to remove a director under
3611 certain circumstances; specifying requirements for,
3612 and restrictions on, directors; prohibiting directors
3613 and employees of the association from knowingly
3614 accepting certain gifts or expenditures; providing
3615 penalties; amending s. 624.1265, F.S.; revising
3616 conditions for a nonprofit religious organization to
3617 be exempt from requirements of the Florida Insurance
3618 Code; amending s. 624.501, F.S.; deleting an
3619 application filing and license fee for reinsurance
3620 intermediaries; amending s. 626.015, F.S.; revising
3621 the definition of the term “association” for purposes
3622 of part I of ch. 626, F.S.; amending s. 626.171, F.S.;
3623 deleting the authority of designated examination
3624 centers to take fingerprints of applicants for a
3625 license as an agent, customer representative,
3626 adjuster, service representative, or reinsurance
3627 intermediary; amending s. 626.173, F.S.; providing
3628 that a certain notice requirement for certain licensed
3629 insurance agencies ceasing the transacting of
3630 insurance does not apply to certain kinds of
3631 insurance; amending s. 626.207, F.S.; revising
3632 violations for which the department must adopt rules
3633 establishing specific penalties; amending s. 626.221,
3634 F.S.; adding a certification that exempts an applicant
3635 for license as an all-lines adjuster from an
3636 examination requirement; amending s. 626.2815, F.S.;
3637 revising continuing education requirements for certain
3638 insurance representatives; amending s. 626.321, F.S.;
3639 deleting certain requirements for, and restrictions
3640 on, licensees of specified limited licenses; adding a
3641 limited license for transacting preneed funeral
3642 agreement insurance; specifying conditions for issuing
3643 such license without an examination; amending s.
3644 626.611, F.S.; revising specified grounds for
3645 compulsory disciplinary actions taken by the
3646 department against insurance representatives; amending
3647 s. 626.621, F.S.; adding grounds for discretionary
3648 disciplinary actions taken by the department against
3649 insurance representatives; amending s. 626.7492, F.S.;
3650 revising definitions of the terms “producer” and
3651 “reinsurance intermediary manager”; revising licensure
3652 requirements for reinsurance intermediary brokers and
3653 reinsurance intermediary managers; deleting the
3654 authority of the department to refuse to issue a
3655 reinsurance intermediary license under certain
3656 circumstances; amending s. 626.752, F.S.; requiring
3657 the department to suspend the authority of an insurer
3658 or employer to appoint licensees under certain
3659 circumstances relating to the exchange of insurance
3660 business; amending s. 626.785, F.S.; authorizing
3661 certain persons to obtain a limited license to sell
3662 only policies of life insurance covering the expense
3663 of a prearrangement for funeral services or
3664 merchandise; amending ss. 626.793 and 626.837, F.S.;
3665 requiring the department to suspend the authority of
3666 an insurer or employer to appoint licensees under
3667 certain circumstances relating to the acceptance of
3668 excess or rejected insurance business; amending s.
3669 626.8411, F.S.; providing that certain notice
3670 requirements do not apply to title insurance agents or
3671 title insurance agencies; amending s. 626.8437, F.S.;
3672 adding grounds for compulsory disciplinary actions
3673 taken by the department against a title insurance
3674 agent or agency; amending s. 626.844, F.S.; adding
3675 grounds for discretionary disciplinary actions taken
3676 by the department against a title insurance agent or
3677 agency; amending s. 626.8473, F.S.; revising
3678 requirements for engaging in the business as an escrow
3679 agent in connection with real estate closing
3680 transactions; amending s. 626.854, F.S.; revising
3681 applicability of a prohibited act relating to public
3682 insurance adjusters; amending s. 626.874, F.S.;
3683 revising eligibility requirements for the department’s
3684 issuance of licenses to catastrophe or emergency
3685 adjusters; revising grounds on which the department
3686 may deny such license; amending s. 626.9892, F.S.;
3687 revising a condition and adding violations for which
3688 the department may pay rewards under the Anti-Fraud
3689 Reward Program; amending s. 626.9957, F.S.; providing
3690 for the expiration of a health coverage navigator’s
3691 registration under certain circumstances; specifying a
3692 restriction on expired registrations; amending s.
3693 627.351, F.S.; revising requirements for membership of
3694 the Florida Medical Malpractice Joint Underwriting
3695 Association; specifying a requirement for filling
3696 vacancies; authorizing the Chief Financial Officer to
3697 remove board members under certain circumstances;
3698 providing requirements for, and restrictions on, board
3699 members; providing penalties; amending s. 627.4215,
3700 F.S.; revising the applicability of disclosure
3701 requirements for health insurers relating to
3702 behavioral health insurance coverage; amending s.
3703 627.70132, F.S.; providing that certain time
3704 restrictions on providing notice of property insurance
3705 claims do not apply to residential condominium unit
3706 owner loss assessment claims; amending s. 627.7015,
3707 F.S.; providing that a disputed property insurance
3708 claim is not eligible for mediation until certain
3709 conditions are met; providing that fees for a
3710 rescheduled mediation conference be assessed by the
3711 department rather than the administrator; authorizing
3712 the department to suspend an insurer’s authority to
3713 appoint licensees under certain circumstances;
3714 amending s. 627.7074, F.S.; authorizing the department
3715 to designate, by written contract or agreement, an
3716 entity or a person to administer the alternative
3717 dispute resolution process for sinkhole insurance
3718 claims; amending s. 627.714, F.S.; specifying when a
3719 loss assessment claim under a residential condominium
3720 unit owner’s property policy is deemed to occur;
3721 amending s. 627.745, F.S.; revising requirements and
3722 procedures for the mediation of personal injury claims
3723 under a motor vehicle insurance policy; requiring the
3724 department to adopt specified rules relating to a
3725 motor vehicle claims insurance mediation program;
3726 authorizing the department to designate a person or
3727 entity to serve as administrator; amending s. 631.141,
3728 F.S.; authorizing the department in receivership
3729 proceedings to take certain actions as a domiciliary
3730 receiver; amending s. 631.252, F.S.; revising
3731 conditions under which policies and contracts of
3732 insolvent insurers are canceled; amending ss. 631.56,
3733 631.716, 631.816, and 631.912, F.S.; revising
3734 membership eligibility requirements for the Florida
3735 Insurance Guaranty Association, the Florida Life and
3736 Health Insurance Guaranty Association, the Florida
3737 Health Maintenance Organization Consumer Assistance
3738 Plan, and the Florida Workers’ Compensation Insurance
3739 Guaranty Association, Incorporated, respectively;
3740 authorizing the Chief Financial Officer to remove a
3741 board member under certain circumstances; specifying
3742 requirements for, on restrictions on, board members;
3743 providing penalties; creating s. 633.1423, F.S.;
3744 defining the term “organization”; authorizing the
3745 Division of State Fire Marshal to establish a direct
3746 support organization; specifying the purpose of and
3747 requirements for the organization; specifying
3748 requirements for the organization’s written contract
3749 and board of directors; providing requirements for the
3750 use of property, annual budgets and reports, an annual
3751 audit, and the division’s receipt of proceeds;
3752 authorizing moneys received to be held in a depository
3753 account; providing for future repeal; amending s.
3754 634.181, F.S.; adding grounds for compulsory
3755 disciplinary actions by the department against motor
3756 vehicle service agreement salespersons; requiring the
3757 department to immediately temporarily suspend a
3758 license or appointment under certain circumstances;
3759 prohibiting a person from transacting insurance
3760 business after such suspension; authorizing the
3761 department to adopt rules; amending s. 634.191, F.S.;
3762 revising grounds for discretionary disciplinary
3763 actions by the department against motor vehicle
3764 service agreement salespersons; requiring salespersons
3765 to submit certain documents to the department;
3766 authorizing the department to adopt rules; amending s.
3767 634.320, F.S.; revising grounds for compulsory
3768 disciplinary actions by the department against home
3769 warranty association sales representatives; requiring
3770 the department to immediately temporarily suspend a
3771 license or appointment under certain circumstances;
3772 prohibiting a person from transacting insurance
3773 business after such suspension; authorizing the
3774 department to adopt rules; amending s. 634.321, F.S.;
3775 revising grounds for discretionary disciplinary
3776 actions by the department against home warranty
3777 association sales representatives; authorizing the
3778 department to adopt rules; amending s. 634.419, F.S.;
3779 providing that specified home solicitation sale
3780 requirements do not apply to certain persons relating
3781 to the solicitation of service warranty or related
3782 service or product sales; amending s. 634.422, F.S.;
3783 revising grounds for compulsory disciplinary actions
3784 by the department against service warranty association
3785 sales representatives; requiring the department to
3786 immediately temporarily suspend a license or
3787 appointment under certain circumstances; prohibiting a
3788 person from transacting insurance business after such
3789 suspension; authorizing the department to adopt rules;
3790 amending s. 634.423, F.S.; revising grounds for
3791 discretionary disciplinary actions by the department
3792 against service warranty association sales
3793 representatives; authorizing the department to adopt
3794 rules; reordering and amending s. 648.25, F.S.;
3795 defining and redefining terms; amending s. 648.26,
3796 F.S.; authorizing certain actions by the department or
3797 the Office of Insurance Regulation relating to certain
3798 confidential records relating to bail bond agents;
3799 amending s. 648.27, F.S.; deleting a provision
3800 relating to the continuance of a temporary bail bond
3801 agent license; amending s. 648.285, F.S.; revising
3802 requirements, conditions, and procedures for a bail
3803 bond agency license; providing applicability;
3804 conforming a provision to changes made by the act;
3805 amending s. 648.30, F.S.; revising requirements and
3806 conditions for the licensure and appointment as a bail
3807 bond agent or bail bond agency; conforming a provision
3808 to changes made by the act; amending s. 648.31, F.S.;
3809 specifying that there is no fee for the issuance of
3810 any appointment to a bail bond agency; conforming a
3811 provision to changes made by the act; amending s.
3812 648.34, F.S.; revising qualifications for a bail bond
3813 agent license; conforming a provision to changes made
3814 by the act; amending s. 648.355, F.S.; deleting
3815 provisions relating to temporary licenses as a limited
3816 surety agent or professional bail bond agent;
3817 specifying requirements for an individual licensed as
3818 a temporary bail bond agent to qualify for bail bond
3819 agent license; prohibiting the department from issuing
3820 a temporary bail bond agent license beginning on a
3821 specified date; providing construction relating to
3822 existing temporary licenses; amending s. 648.382,
3823 F.S.; revising requirements for the appointment of
3824 bail bond agents or bail bond agencies; conforming a
3825 provision to changes made by the act; amending s.
3826 648.386, F.S.; defining the term “classroom
3827 instruction”; revising requirements for approval and
3828 certification as an approved limited surety agent and
3829 professional bail bond agent continuing education
3830 school; amending s. 648.387, F.S.; renaming primary
3831 bail bond agents as bail bond agents in charge;
3832 revising the department’s disciplinary authority;
3833 revising prohibited actions and the applicability of
3834 such prohibitions; providing for the automatic
3835 expiration of a bail bond agency’s license under
3836 certain circumstances; creating s. 648.3875, F.S.;
3837 providing requirements for applying for designation as
3838 a bail bond agent in charge; amending s. 648.39, F.S.;
3839 revising applicability of provisions relating to
3840 termination of appointments of certain agents and
3841 agencies; repealing s. 648.41, F.S., relating to
3842 termination of appointment of temporary bail bond
3843 agents; amending s. 648.42, F.S.; conforming a
3844 provision to changes made by the act; making a
3845 technical change; amending s. 648.44, F.S.; revising
3846 applicability of prohibited acts; revising and
3847 specifying prohibited acts of bail bond agents and
3848 bail bond agencies; conforming provisions to changes
3849 made by the act; amending s. 648.441, F.S.; revising
3850 applicability of a prohibition against furnishing
3851 supplies to an unlicensed bail bond agent; amending s.
3852 648.46, F.S.; authorizing certain actions by the
3853 department or the office relating to certain
3854 confidential records relating to bail bond agents;
3855 amending s. 648.50, F.S.; revising applicability of
3856 provisions relating to disciplinary actions taken by
3857 the department; conforming provisions to changes made
3858 by the act; amending s. 717.135, F.S.; revising a
3859 requirement for, and a prohibition on, claimants’
3860 representatives relating to unclaimed property
3861 recovery agreements and purchase agreements; providing
3862 construction; amending s. 843.021, F.S.; revising a
3863 defense to an unlawful possession of a concealed
3864 handcuff key; amending s. 903.28, F.S.; providing for
3865 remission of bond forfeiture under specified
3866 timeframes when a defendant is deceased; revising the
3867 amounts of bond forfeitures for which a court must
3868 order remission under certain circumstances; revising
3869 the circumstances under which forfeitures must be
3870 remitted; requiring a court, under certain
3871 circumstances, to direct remission of forfeiture if
3872 the state is unwilling to seek extradition of the
3873 defendant; amending ss. 28.2221, 119.071, 631.152,
3874 631.398, and 903.09, F.S.; conforming cross
3875 references; ratifying a specified rule of the Florida
3876 Administrative Code relating to the Florida Workers’
3877 Compensation Health Care Provider Reimbursement
3878 Manual; providing construction; providing effective
3879 dates.