Florida Senate - 2023                             CS for SB 1158
       
       
        
       By the Committee on Banking and Insurance; and Senator DiCeglie
       
       
       
       
       
       597-02914-23                                          20231158c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; amending s. 20.121, F.S.; revising powers
    4         and duties of the department’s Division of
    5         Investigative and Forensic Services; deleting the
    6         department’s Strategic Markets Research and Assessment
    7         Unit; amending s. 39.6035, F.S.; deleting a
    8         requirement for the Department of Children and
    9         Families and the community-based care lead agency to
   10         provide certain financial literacy curriculum
   11         information to certain youth; amending s. 112.215,
   12         F.S.; redefining the term “employee” as “government
   13         employee” and revising the definition of the term;
   14         revising eligibility for plans of deferred
   15         compensation established by the Chief Financial
   16         Officer; revising the membership of the Deferred
   17         Compensation Advisory Council; making technical
   18         changes; amending s. 215.422, F.S.; revising the
   19         timeframe by which certain payments to health care
   20         providers for services to be reimbursed by a state
   21         agency or the judicial branch must be made; amending
   22         s. 274.01, F.S.; revising the definition of the term
   23         “governmental unit” for purposes of ch. 274, F.S.;
   24         amending s. 409.1451, F.S.; conforming a provision to
   25         changes made by the act; amending s. 440.13, F.S.;
   26         authorizing, rather than requiring, a judge of
   27         compensation claims to order an injured employee’s
   28         evaluation by an expert medical advisor under certain
   29         circumstances; revising the schedules of maximum
   30         reimbursement allowances determined by the three
   31         member panel under the Workers’ Compensation Law;
   32         revising reimbursement requirements for certain
   33         providers; requiring the department to annually notify
   34         carriers and self-insurers of certain schedules;
   35         requiring the publication of a schedule in a certain
   36         manner; providing construction; revising factors the
   37         panel must consider in establishing the uniform
   38         schedule of maximum reimbursement allowances; deleting
   39         certain standards for practice parameters; amending s.
   40         440.38, F.S.; specifying requirements for forms used
   41         by the department to evidence certain workers’
   42         compensation coverage of an employer; amending s.
   43         440.385, F.S.; revising eligibility requirements for
   44         the board of directors of the Florida Self-Insurers
   45         Guaranty Association, Incorporated; authorizing the
   46         Chief Financial Officer to remove a director under
   47         certain circumstances; specifying requirements for,
   48         and restrictions on, directors; prohibiting directors
   49         and employees of the association from knowingly
   50         accepting certain gifts or expenditures; providing
   51         penalties; amending s. 624.1265, F.S.; revising
   52         conditions for a nonprofit religious organization to
   53         be exempt from requirements of the Florida Insurance
   54         Code; amending s. 624.501, F.S.; deleting an
   55         application filing and license fee for reinsurance
   56         intermediaries; amending s. 626.015, F.S.; revising
   57         the definition of the term “association” for purposes
   58         of part I of ch. 626, F.S.; amending s. 626.171, F.S.;
   59         deleting the authority of designated examination
   60         centers to take fingerprints of applicants for a
   61         license as an agent, customer representative,
   62         adjuster, service representative, or reinsurance
   63         intermediary; amending s. 626.173, F.S.; providing
   64         that a certain notice requirement for certain licensed
   65         insurance agencies ceasing the transacting of
   66         insurance does not apply to certain kinds of
   67         insurance; amending s. 626.207, F.S.; revising
   68         violations for which the department must adopt rules
   69         establishing specific penalties; amending s. 626.221,
   70         F.S.; adding a certification that exempts an applicant
   71         for license as an all-lines adjuster from an
   72         examination requirement; amending s. 626.2815, F.S.;
   73         revising continuing education requirements for certain
   74         insurance representatives; amending s. 626.321, F.S.;
   75         deleting certain requirements for, and restrictions
   76         on, licensees of specified limited licenses; adding a
   77         limited license for transacting preneed funeral
   78         agreement insurance; specifying conditions for issuing
   79         such license without an examination; amending s.
   80         626.611, F.S.; revising specified grounds for
   81         compulsory disciplinary actions taken by the
   82         department against insurance representatives; amending
   83         s. 626.621, F.S.; adding grounds for discretionary
   84         disciplinary actions taken by the department against
   85         insurance representatives; amending s. 626.7492, F.S.;
   86         revising definitions of the terms “producer” and
   87         “reinsurance intermediary manager”; revising licensure
   88         requirements for reinsurance intermediary brokers and
   89         reinsurance intermediary managers; deleting the
   90         authority of the department to refuse to issue a
   91         reinsurance intermediary license under certain
   92         circumstances; amending s. 626.752, F.S.; requiring
   93         the department to suspend the authority of an insurer
   94         or employer to appoint licensees under certain
   95         circumstances relating to the exchange of insurance
   96         business; amending s. 626.785, F.S.; authorizing
   97         certain persons to obtain a limited license to sell
   98         only policies of life insurance covering the expense
   99         of a prearrangement for funeral services or
  100         merchandise; amending ss. 626.793 and 626.837, F.S.;
  101         requiring the department to suspend the authority of
  102         an insurer or employer to appoint licensees under
  103         certain circumstances relating to the acceptance of
  104         excess or rejected insurance business; amending s.
  105         626.8411, F.S.; providing that certain notice
  106         requirements do not apply to title insurance agents or
  107         title insurance agencies; amending s. 626.8437, F.S.;
  108         adding grounds for compulsory disciplinary actions
  109         taken by the department against a title insurance
  110         agent or agency; amending s. 626.844, F.S.; adding
  111         grounds for discretionary disciplinary actions taken
  112         by the department against a title insurance agent or
  113         agency; amending s. 626.8473, F.S.; revising
  114         requirements for engaging in the business as an escrow
  115         agent in connection with real estate closing
  116         transactions; amending s. 626.854, F.S.; revising
  117         applicability of a prohibited act relating to public
  118         insurance adjusters; amending s. 626.874, F.S.;
  119         revising eligibility requirements for the department’s
  120         issuance of licenses to catastrophe or emergency
  121         adjusters; revising grounds on which the department
  122         may deny such license; amending s. 626.9892, F.S.;
  123         revising a condition and adding violations for which
  124         the department may pay rewards under the Anti-Fraud
  125         Reward Program; amending s. 626.9957, F.S.; providing
  126         for the expiration of a health coverage navigator’s
  127         registration under certain circumstances; specifying a
  128         restriction on expired registrations; amending s.
  129         627.351, F.S.; revising requirements for membership of
  130         the Florida Medical Malpractice Joint Underwriting
  131         Association; specifying a requirement for filling
  132         vacancies; authorizing the Chief Financial Officer to
  133         remove board members under certain circumstances;
  134         providing requirements for, and restrictions on, board
  135         members; providing penalties; amending s. 627.4215,
  136         F.S.; revising the applicability of disclosure
  137         requirements for health insurers relating to
  138         behavioral health insurance coverage; amending s.
  139         627.70132, F.S.; providing that certain time
  140         restrictions on providing notice of property insurance
  141         claims do not apply to residential condominium unit
  142         owner loss assessment claims; amending s. 627.7015,
  143         F.S.; providing that a disputed property insurance
  144         claim is not eligible for mediation until certain
  145         conditions are met; providing that fees for a
  146         rescheduled mediation conference be assessed by the
  147         department rather than the administrator; authorizing
  148         the department to suspend an insurer’s authority to
  149         appoint licensees under certain circumstances;
  150         amending s. 627.7074, F.S.; authorizing the department
  151         to designate, by written contract or agreement, an
  152         entity or a person to administer the alternative
  153         dispute resolution process for sinkhole insurance
  154         claims; amending s. 627.714, F.S.; specifying when a
  155         loss assessment claim under a residential condominium
  156         unit owner’s property policy is deemed to occur;
  157         amending s. 627.745, F.S.; revising requirements and
  158         procedures for the mediation of personal injury claims
  159         under a motor vehicle insurance policy; requiring the
  160         department to adopt specified rules relating to a
  161         motor vehicle claims insurance mediation program;
  162         authorizing the department to designate a person or
  163         entity to serve as administrator; amending s. 631.141,
  164         F.S.; authorizing the department in receivership
  165         proceedings to take certain actions as a domiciliary
  166         receiver; amending s. 631.252, F.S.; revising
  167         conditions under which policies and contracts of
  168         insolvent insurers are canceled; amending ss. 631.56,
  169         631.716, 631.816, and 631.912, F.S.; revising
  170         membership eligibility requirements for the Florida
  171         Insurance Guaranty Association, the Florida Life and
  172         Health Insurance Guaranty Association, the Florida
  173         Health Maintenance Organization Consumer Assistance
  174         Plan, and the Florida Workers’ Compensation Insurance
  175         Guaranty Association, Incorporated, respectively;
  176         authorizing the Chief Financial Officer to remove a
  177         board member under certain circumstances; specifying
  178         requirements for, on restrictions on, board members;
  179         providing penalties; creating s. 633.1423, F.S.;
  180         defining the term “organization”; authorizing the
  181         Division of State Fire Marshal to establish a direct
  182         support organization; specifying the purpose of and
  183         requirements for the organization; specifying
  184         requirements for the organization’s written contract
  185         and board of directors; providing requirements for the
  186         use of property, annual budgets and reports, an annual
  187         audit, and the division’s receipt of proceeds;
  188         authorizing moneys received to be held in a depository
  189         account; providing for future repeal; amending s.
  190         634.181, F.S.; adding grounds for compulsory
  191         disciplinary actions by the department against motor
  192         vehicle service agreement salespersons; requiring the
  193         department to immediately temporarily suspend a
  194         license or appointment under certain circumstances;
  195         prohibiting a person from transacting insurance
  196         business after such suspension; authorizing the
  197         department to adopt rules; amending s. 634.191, F.S.;
  198         revising grounds for discretionary disciplinary
  199         actions by the department against motor vehicle
  200         service agreement salespersons; requiring salespersons
  201         to submit certain documents to the department;
  202         authorizing the department to adopt rules; amending s.
  203         634.320, F.S.; revising grounds for compulsory
  204         disciplinary actions by the department against home
  205         warranty association sales representatives; requiring
  206         the department to immediately temporarily suspend a
  207         license or appointment under certain circumstances;
  208         prohibiting a person from transacting insurance
  209         business after such suspension; authorizing the
  210         department to adopt rules; amending s. 634.321, F.S.;
  211         revising grounds for discretionary disciplinary
  212         actions by the department against home warranty
  213         association sales representatives; authorizing the
  214         department to adopt rules; amending s. 634.419, F.S.;
  215         providing that specified home solicitation sale
  216         requirements do not apply to certain persons relating
  217         to the solicitation of service warranty or related
  218         service or product sales; amending s. 634.422, F.S.;
  219         revising grounds for compulsory disciplinary actions
  220         by the department against service warranty association
  221         sales representatives; requiring the department to
  222         immediately temporarily suspend a license or
  223         appointment under certain circumstances; prohibiting a
  224         person from transacting insurance business after such
  225         suspension; authorizing the department to adopt rules;
  226         amending s. 634.423, F.S.; revising grounds for
  227         discretionary disciplinary actions by the department
  228         against service warranty association sales
  229         representatives; authorizing the department to adopt
  230         rules; reordering and amending s. 648.25, F.S.;
  231         defining and redefining terms; amending s. 648.26,
  232         F.S.; authorizing certain actions by the department or
  233         the Office of Insurance Regulation relating to certain
  234         confidential records relating to bail bond agents;
  235         amending s. 648.27, F.S.; deleting a provision
  236         relating to the continuance of a temporary bail bond
  237         agent license; amending s. 648.285, F.S.; revising
  238         requirements, conditions, and procedures for a bail
  239         bond agency license; providing applicability;
  240         conforming a provision to changes made by the act;
  241         amending s. 648.30, F.S.; revising requirements and
  242         conditions for the licensure and appointment as a bail
  243         bond agent or bail bond agency; conforming a provision
  244         to changes made by the act; amending s. 648.31, F.S.;
  245         specifying that there is no fee for the issuance of
  246         any appointment to a bail bond agency; conforming a
  247         provision to changes made by the act; amending s.
  248         648.34, F.S.; revising qualifications for a bail bond
  249         agent license; conforming a provision to changes made
  250         by the act; amending s. 648.355, F.S.; deleting
  251         provisions relating to temporary licenses as a limited
  252         surety agent or professional bail bond agent;
  253         specifying requirements for an individual licensed as
  254         a temporary bail bond agent to qualify for bail bond
  255         agent license; prohibiting the department from issuing
  256         a temporary bail bond agent license beginning on a
  257         specified date; providing construction relating to
  258         existing temporary licenses; amending s. 648.382,
  259         F.S.; revising requirements for the appointment of
  260         bail bond agents or bail bond agencies; conforming a
  261         provision to changes made by the act; amending s.
  262         648.386, F.S.; defining the term “classroom
  263         instruction”; revising requirements for approval and
  264         certification as an approved limited surety agent and
  265         professional bail bond agent continuing education
  266         school; amending s. 648.387, F.S.; renaming primary
  267         bail bond agents as bail bond agents in charge;
  268         revising the department’s disciplinary authority;
  269         revising prohibited actions and the applicability of
  270         such prohibitions; providing for the automatic
  271         expiration of a bail bond agency’s license under
  272         certain circumstances; creating s. 648.3875, F.S.;
  273         providing requirements for applying for designation as
  274         a bail bond agent in charge; amending s. 648.39, F.S.;
  275         revising applicability of provisions relating to
  276         termination of appointments of certain agents and
  277         agencies; repealing s. 648.41, F.S., relating to
  278         termination of appointment of temporary bail bond
  279         agents; amending s. 648.42, F.S.; conforming a
  280         provision to changes made by the act; making a
  281         technical change; amending s. 648.44, F.S.; revising
  282         applicability of prohibited acts; revising and
  283         specifying prohibited acts of bail bond agents and
  284         bail bond agencies; conforming provisions to changes
  285         made by the act; amending s. 648.441, F.S.; revising
  286         applicability of a prohibition against furnishing
  287         supplies to an unlicensed bail bond agent; amending s.
  288         648.46, F.S.; authorizing certain actions by the
  289         department or the office relating to certain
  290         confidential records relating to bail bond agents;
  291         amending s. 648.50, F.S.; revising applicability of
  292         provisions relating to disciplinary actions taken by
  293         the department; conforming provisions to changes made
  294         by the act; amending s. 717.135, F.S.; revising a
  295         requirement for, and a prohibition on, claimants’
  296         representatives relating to unclaimed property
  297         recovery agreements and purchase agreements; providing
  298         construction; amending s. 843.021, F.S.; revising a
  299         defense to an unlawful possession of a concealed
  300         handcuff key; amending s. 903.28, F.S.; providing for
  301         remission of bond forfeiture under specified
  302         timeframes when a defendant is deceased; revising the
  303         amounts of bond forfeitures for which a court must
  304         order remission under certain circumstances; revising
  305         the circumstances under which forfeitures must be
  306         remitted; requiring a court, under certain
  307         circumstances, to direct remission of forfeiture if
  308         the state is unwilling to seek extradition of the
  309         defendant; amending ss. 28.2221, 119.071, 631.152,
  310         631.398, and 903.09, F.S.; conforming cross
  311         references; ratifying a specified rule of the Florida
  312         Administrative Code relating to the Florida Workers’
  313         Compensation Health Care Provider Reimbursement
  314         Manual; providing construction; providing effective
  315         dates.
  316          
  317  Be It Enacted by the Legislature of the State of Florida:
  318  
  319         Section 1. Paragraph (e) of subsection (2) and subsection
  320  (6) of section 20.121, Florida Statutes, are amended to read:
  321         20.121 Department of Financial Services.—There is created a
  322  Department of Financial Services.
  323         (2) DIVISIONS.—The Department of Financial Services shall
  324  consist of the following divisions and office:
  325         (e) The Division of Investigative and Forensic Services,
  326  which shall function as a criminal justice agency for purposes
  327  of ss. 943.045-943.08. The division may initiate and conduct
  328  investigations into any matter under the jurisdiction of the
  329  Chief Financial Officer and Fire Marshal within or outside of
  330  this state as it deems necessary. If, during an investigation,
  331  the division has reason to believe that any criminal law of this
  332  state or the United States has or may have been violated, it
  333  shall refer any records tending to show such violation to state
  334  or federal law enforcement and, if applicable, federal or
  335  prosecutorial agencies and shall provide investigative
  336  assistance to those agencies as appropriate required. The
  337  division shall include the following bureaus and office:
  338         1. The Bureau of Forensic Services;
  339         2. The Bureau of Fire, Arson, and Explosives
  340  Investigations;
  341         3. The Office of Fiscal Integrity, which shall have a
  342  separate budget;
  343         4. The Bureau of Insurance Fraud; and
  344         5. The Bureau of Workers’ Compensation Fraud.
  345         (6)STRATEGIC MARKETS RESEARCH AND ASSESSMENT UNIT.—The
  346  Strategic Markets Research and Assessment Unit is established
  347  within the Department of Financial Services. The Chief Financial
  348  Officer or his or her designee shall report on September 1,
  349  2008, and quarterly thereafter, to the Cabinet, the President of
  350  the Senate, and the Speaker of the House of Representatives on
  351  the status of the state’s financial services markets. At a
  352  minimum, the report must include a summary of issues, trends,
  353  and threats that broadly impact the condition of the financial
  354  services industries, along with the effect of such conditions on
  355  financial institutions, the securities industries, other
  356  financial entities, and the credit market. The Chief Financial
  357  Officer shall also provide findings and recommendations
  358  regarding regulatory and policy changes to the Cabinet, the
  359  President of the Senate, and the Speaker of the House of
  360  Representatives.
  361         Section 2. Paragraph (c) of subsection (1) of section
  362  39.6035, Florida Statutes, is amended to read:
  363         39.6035 Transition plan.—
  364         (1) During the year after a child reaches 16 years of age,
  365  the department and the community-based care lead agency, in
  366  collaboration with the caregiver and any other individual whom
  367  the child would like to include, shall assist the child in
  368  developing a transition plan. The required transition plan is in
  369  addition to standard case management requirements. The
  370  transition plan must address specific options for the child to
  371  use in obtaining services, including housing, health insurance,
  372  education, financial literacy, a driver license, and workforce
  373  support and employment services. The plan must also include
  374  tasks to establish and maintain naturally occurring mentoring
  375  relationships and other personal support services. The
  376  transition plan may be as detailed as the child chooses. This
  377  plan must be updated as needed before the child reaches 18 years
  378  of age and after the child reaches 18 years of age if he or she
  379  is receiving funding under s. 409.1451(2). In developing and
  380  updating the transition plan, the department and the community
  381  based care lead agency shall:
  382         (c)Provide information for the financial literacy
  383  curriculum for youth offered by the Department of Financial
  384  Services.
  385         Section 3. Subsections (2) and (4), paragraph (a) of
  386  subsection (8), and subsection (12) of section 112.215, Florida
  387  Statutes, are amended to read:
  388         112.215 Government employees; deferred compensation
  389  program.—
  390         (2) For the purposes of this section, the term “government
  391  employee” means any person employed, whether appointed, elected,
  392  or under contract, by providing services for the state or any
  393  governmental unit of the state, including, but not limited to,;
  394  any state agency; any or county, municipality, or other
  395  political subdivision of the state; any special district or
  396  water management district, as the terms are defined in s.
  397  189.012 municipality; any state university or Florida College
  398  System institution, as the terms are defined in s. 1000.21(6)
  399  and (3), respectively board of trustees; or any constitutional
  400  county officer under s. 1(d), Art. VIII of the State
  401  Constitution for which compensation or statutory fees are paid.
  402         (4)(a) The Chief Financial Officer, with the approval of
  403  the State Board of Administration, shall establish a state such
  404  plan or plans of deferred compensation for government state
  405  employees and may include persons employed by a state university
  406  as defined in s. 1000.21, a special district as defined in s.
  407  189.012, or a water management district as defined in s.
  408  189.012, including all such investment vehicles or products
  409  incident thereto, as may be available through, or offered by,
  410  qualified companies or persons, and may approve one or more such
  411  plans for implementation by and on behalf of the state and its
  412  agencies and employees.
  413         (b) If the Chief Financial Officer deems it advisable, he
  414  or she shall have the power, with the approval of the State
  415  Board of Administration, to create a trust or other special
  416  funds for the segregation of funds or assets resulting from
  417  compensation deferred at the request of government employees
  418  participating in of the state plan or its agencies and for the
  419  administration of such program.
  420         (c) The Chief Financial Officer, with the approval of the
  421  State Board of Administration, may delegate responsibility for
  422  administration of the state plan to a person the Chief Financial
  423  Officer determines to be qualified, compensate such person, and,
  424  directly or through such person or pursuant to a collective
  425  bargaining agreement, contract with a private corporation or
  426  institution to provide such services as may be part of any such
  427  plan or as may be deemed necessary or proper by the Chief
  428  Financial Officer or such person, including, but not limited to,
  429  providing consolidated billing, individual and collective
  430  recordkeeping and accountings, asset purchase, control, and
  431  safekeeping, and direct disbursement of funds to employees or
  432  other beneficiaries. The Chief Financial Officer may authorize a
  433  person, private corporation, or institution to make direct
  434  disbursement of funds under the state plan to an employee or
  435  other beneficiary.
  436         (d) In accordance with such approved plan, and upon
  437  contract or agreement with an eligible government employee,
  438  deferrals of compensation may be accomplished by payroll
  439  deductions made by the appropriate officer or officers of the
  440  state, with such funds being thereafter held and administered in
  441  accordance with the plan.
  442         (e) The administrative costs of the deferred compensation
  443  plan must be wholly or partially self-funded. Fees for such
  444  self-funding of the plan shall be paid by investment providers
  445  and may be recouped from their respective plan participants.
  446  Such fees shall be deposited in the Deferred Compensation Trust
  447  Fund.
  448         (8)(a) There is created a Deferred Compensation Advisory
  449  Council composed of eight seven members.
  450         1. One member shall be appointed by the Speaker of the
  451  House of Representatives and the President of the Senate jointly
  452  and shall be an employee of the legislative branch.
  453         2. One member shall be appointed by the Chief Justice of
  454  the Supreme Court and shall be an employee of the judicial
  455  branch.
  456         3. One member shall be appointed by the chair of the Public
  457  Employees Relations Commission and shall be a nonexempt public
  458  employee.
  459         4. The remaining five four members shall be employed by the
  460  executive branch and shall be appointed as follows:
  461         a. One member shall be appointed by the Chancellor of the
  462  State University System and shall be an employee of the
  463  university system.
  464         b. One member shall be appointed by the Chief Financial
  465  Officer and shall be an employee of the Chief Financial Officer.
  466         c. One member shall be appointed by the Governor and shall
  467  be an employee of the executive branch.
  468         d. One member shall be appointed by the Executive Director
  469  of the State Board of Administration and shall be an employee of
  470  the State Board of Administration.
  471         e.One member shall be appointed by the Chancellor of the
  472  Florida College System and shall be an employee of the Florida
  473  College System.
  474         (12) The Chief Financial Officer may adopt any rule
  475  necessary to administer and implement this act with respect to
  476  the state deferred compensation plan or plans for state
  477  employees and persons employed by a state university as defined
  478  in s. 1000.21, a special district as defined in s. 189.012, or a
  479  water management district as defined in s. 189.012.
  480         Section 4. Subsection (13) of section 215.422, Florida
  481  Statutes, is amended to read:
  482         215.422 Payments, warrants, and invoices; processing time
  483  limits; dispute resolution; agency or judicial branch
  484  compliance.—
  485         (13) Notwithstanding the provisions of subsections (3) and
  486  (12), in order to alleviate any hardship that may be caused to a
  487  health care provider as a result of delay in receiving
  488  reimbursement for services, any payment or payments for
  489  hospital, medical, or other health care services which are to be
  490  reimbursed by a state agency or the judicial branch, either
  491  directly or indirectly, shall be made to the health care
  492  provider not more than 40 35 days from the date eligibility for
  493  payment of such claim is determined. If payment is not issued to
  494  a health care provider within 40 35 days after the date
  495  eligibility for payment of the claim is determined, the state
  496  agency or the judicial branch shall pay the health care provider
  497  interest at a rate of 1 percent per month calculated on a
  498  calendar day basis on the unpaid balance from the expiration of
  499  such 40-day 35-day period until such time as payment is made to
  500  the health care provider, unless a waiver in whole has been
  501  granted by the Department of Financial Services pursuant to
  502  subsection (1) or subsection (2).
  503         Section 5. Subsection (1) of section 274.01, Florida
  504  Statutes, is amended to read:
  505         274.01 Definitions.—The following words as used in this act
  506  have the meanings set forth in the below subsections, unless a
  507  different meaning is required by the context:
  508         (1) “Governmental unit” means the governing board,
  509  commission, or authority of a county, a county agency, a
  510  municipality, a special district as defined in s. 189.012 or
  511  taxing district of the state, or the sheriff of the county.
  512         Section 6. Paragraph (b) of subsection (3) of section
  513  409.1451, Florida Statutes, is amended to read:
  514         409.1451 The Road-to-Independence Program.—
  515         (3) AFTERCARE SERVICES.—
  516         (b) Aftercare services include, but are not limited to, the
  517  following:
  518         1. Mentoring and tutoring.
  519         2. Mental health services and substance abuse counseling.
  520         3. Life skills classes, including credit management and
  521  preventive health activities.
  522         4. Parenting classes.
  523         5. Job and career skills training.
  524         6. Counselor consultations.
  525         7. Temporary financial assistance for necessities,
  526  including, but not limited to, education supplies,
  527  transportation expenses, security deposits for rent and
  528  utilities, furnishings, household goods, and other basic living
  529  expenses.
  530         8. Temporary financial assistance to address emergency
  531  situations, including, but not limited to, automobile repairs or
  532  large medical expenses.
  533         9. Financial literacy skills training under s.
  534  39.6035(1)(c).
  535  
  536  The specific services to be provided under this paragraph shall
  537  be determined by an assessment of the young adult and may be
  538  provided by the community-based care provider or through
  539  referrals in the community.
  540         Section 7. Paragraph (c) of subsection (9) and subsections
  541  (12) and (14) of section 440.13, Florida Statutes, are amended
  542  to read:
  543         440.13 Medical services and supplies; penalty for
  544  violations; limitations.—
  545         (9) EXPERT MEDICAL ADVISORS.—
  546         (c) If there is disagreement in the opinions of the health
  547  care providers, if two health care providers disagree on medical
  548  evidence supporting the employee’s complaints or the need for
  549  additional medical treatment, or if two health care providers
  550  disagree that the employee is able to return to work, the
  551  department may, and the judge of compensation claims may shall,
  552  upon his or her own motion or within 15 days after receipt of a
  553  written request by either the injured employee, the employer, or
  554  the carrier, order the injured employee to be evaluated by an
  555  expert medical advisor. The injured employee and the employer or
  556  carrier may agree on the health care provider to serve as an
  557  expert medical advisor. If the parties do not agree, the judge
  558  of compensation claims shall select an expert medical advisor
  559  from the department’s list of certified expert medical advisors.
  560  If a certified medical advisor within the relevant medical
  561  specialty is unavailable, the judge of compensation claims shall
  562  appoint any otherwise qualified health care provider to serve as
  563  an expert medical advisor without obtaining the department’s
  564  certification. The opinion of the expert medical advisor is
  565  presumed to be correct unless there is clear and convincing
  566  evidence to the contrary as determined by the judge of
  567  compensation claims. The expert medical advisor appointed to
  568  conduct the evaluation shall have free and complete access to
  569  the medical records of the employee. An employee who fails to
  570  report to and cooperate with such evaluation forfeits
  571  entitlement to compensation during the period of failure to
  572  report or cooperate.
  573         (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
  574  REIMBURSEMENT ALLOWANCES.—
  575         (a) A three-member panel is created, consisting of the
  576  Chief Financial Officer, or the Chief Financial Officer’s
  577  designee, and two members to be appointed by the Governor,
  578  subject to confirmation by the Senate, one member who, on
  579  account of present or previous vocation, employment, or
  580  affiliation, shall be classified as a representative of
  581  employers, the other member who, on account of previous
  582  vocation, employment, or affiliation, shall be classified as a
  583  representative of employees. The panel shall determine statewide
  584  schedules of maximum reimbursement allowances for medically
  585  necessary treatment, care, and attendance provided by
  586  physicians, hospitals and, ambulatory surgical centers, work
  587  hardening programs, pain programs, and durable medical
  588  equipment. The maximum reimbursement allowances for inpatient
  589  hospital care shall be based on a schedule of per diem rates, to
  590  be approved by the three-member panel no later than March 1,
  591  1994, to be used in conjunction with a precertification manual
  592  as determined by the department, including maximum hours in
  593  which an outpatient may remain in observation status, which
  594  shall not exceed 23 hours. All compensable charges for hospital
  595  outpatient care shall be reimbursed at 75 percent of usual and
  596  customary charges, except as otherwise provided by this
  597  subsection. Annually, the three-member panel shall adopt
  598  schedules of maximum reimbursement allowances for physicians,
  599  hospital inpatient care, hospital outpatient care, and
  600  ambulatory surgical centers, work-hardening programs, and pain
  601  programs. A An individual physician, hospital or an, ambulatory
  602  surgical center, pain program, or work-hardening program shall
  603  be reimbursed either the agreed-upon contract price or the
  604  maximum reimbursement allowance in the appropriate schedule.
  605         (b) It is the intent of the Legislature to increase the
  606  schedule of maximum reimbursement allowances for selected
  607  physicians effective January 1, 2004, and to pay for the
  608  increases through reductions in payments to hospitals. Revisions
  609  developed pursuant to this subsection are limited to the
  610  following:
  611         1. Payments for outpatient physical, occupational, and
  612  speech therapy provided by hospitals shall be reduced to the
  613  schedule of maximum reimbursement allowances for these services
  614  which applies to nonhospital providers.
  615         (c)2. Payments for scheduled outpatient nonemergency
  616  radiological and clinical laboratory services that are not
  617  provided in conjunction with a surgical procedure shall be
  618  reduced to the schedule of maximum reimbursement allowances for
  619  these services which applies to nonhospital providers.
  620         (d)3. Outpatient reimbursement for scheduled surgeries
  621  shall be reduced from 75 percent of charges to 60 percent of
  622  charges.
  623         (e)1.By July 1 of each year, the department shall notify
  624  carriers and self-insurers of the physician and nonhospital
  625  services schedule of maximum reimbursement allowances. The
  626  notice must include publication of this schedule of maximum
  627  reimbursement allowances on the division’s website. This
  628  schedule is not subject to approval by the three-member panel
  629  and does not include reimbursement for prescription medication.
  630         2.Subparagraph 1. shall take effect January 1, following
  631  the July 1, 2024, notice of the physician and nonhospital
  632  services schedule of maximum reimbursement allowances which the
  633  department provides to carriers and self-insurers.
  634         (f)4. Maximum reimbursement for a physician licensed under
  635  chapter 458 or chapter 459 shall be increased to 110 percent of
  636  the reimbursement allowed by Medicare, using appropriate codes
  637  and modifiers or the medical reimbursement level adopted by the
  638  three-member panel as of January 1, 2003, whichever is greater.
  639         (g)5. Maximum reimbursement for surgical procedures shall
  640  be increased to 140 percent of the reimbursement allowed by
  641  Medicare or the medical reimbursement level adopted by the
  642  three-member panel as of January 1, 2003, whichever is greater.
  643         (h)(c) As to reimbursement for a prescription medication,
  644  the reimbursement amount for a prescription shall be the average
  645  wholesale price plus $4.18 for the dispensing fee. For
  646  repackaged or relabeled prescription medications dispensed by a
  647  dispensing practitioner as provided in s. 465.0276, the fee
  648  schedule for reimbursement shall be 112.5 percent of the average
  649  wholesale price, plus $8.00 for the dispensing fee. For purposes
  650  of this subsection, the average wholesale price shall be
  651  calculated by multiplying the number of units dispensed times
  652  the per-unit average wholesale price set by the original
  653  manufacturer of the underlying drug dispensed by the
  654  practitioner, based upon the published manufacturer’s average
  655  wholesale price published in the Medi-Span Master Drug Database
  656  as of the date of dispensing. All pharmaceutical claims
  657  submitted for repackaged or relabeled prescription medications
  658  must include the National Drug Code of the original
  659  manufacturer. Fees for pharmaceuticals and pharmaceutical
  660  services shall be reimbursable at the applicable fee schedule
  661  amount except where the employer or carrier, or a service
  662  company, third party administrator, or any entity acting on
  663  behalf of the employer or carrier directly contracts with the
  664  provider seeking reimbursement for a lower amount.
  665         (i)(d) Reimbursement for all fees and other charges for
  666  such treatment, care, and attendance, including treatment, care,
  667  and attendance provided by any hospital or other health care
  668  provider, ambulatory surgical center, work-hardening program, or
  669  pain program, must not exceed the amounts provided by the
  670  uniform schedule of maximum reimbursement allowances as
  671  determined by the panel or as otherwise provided in this
  672  section. This subsection also applies to independent medical
  673  examinations performed by health care providers under this
  674  chapter. In determining the uniform schedule, the panel shall
  675  first approve the data which it finds representative of
  676  prevailing charges in the state for similar treatment, care, and
  677  attendance of injured persons. Each health care provider, health
  678  care facility, ambulatory surgical center, work-hardening
  679  program, or pain program receiving workers’ compensation
  680  payments shall maintain records verifying their usual charges.
  681  In establishing the uniform schedule of maximum reimbursement
  682  allowances, the panel must consider:
  683         1. The levels of reimbursement for similar treatment, care,
  684  and attendance made by other health care programs or third-party
  685  providers;
  686         2. The impact upon cost to employers for providing a level
  687  of reimbursement for treatment, care, and attendance which will
  688  ensure the availability of treatment, care, and attendance
  689  required by injured workers; and
  690         3. The financial impact of the reimbursement allowances
  691  upon health care providers and health care facilities, including
  692  trauma centers as defined in s. 395.4001, and its effect upon
  693  their ability to make available to injured workers such
  694  medically necessary remedial treatment, care, and attendance.
  695  The uniform schedule of maximum reimbursement allowances must be
  696  reasonable, must promote health care cost containment and
  697  efficiency with respect to the workers’ compensation health care
  698  delivery system, and must be sufficient to ensure availability
  699  of such medically necessary remedial treatment, care, and
  700  attendance to injured workers; and
  701         4.The most recent average maximum allowable rate of
  702  increase for hospitals determined by the Health Care Board under
  703  chapter 408.
  704         (j)(e) In addition to establishing the uniform schedule of
  705  maximum reimbursement allowances, the panel shall:
  706         1. Take testimony, receive records, and collect data to
  707  evaluate the adequacy of the workers’ compensation fee schedule,
  708  nationally recognized fee schedules and alternative methods of
  709  reimbursement to health care providers and health care
  710  facilities for inpatient and outpatient treatment and care.
  711         2. Survey health care providers and health care facilities
  712  to determine the availability and accessibility of workers’
  713  compensation health care delivery systems for injured workers.
  714         3. Survey carriers to determine the estimated impact on
  715  carrier costs and workers’ compensation premium rates by
  716  implementing changes to the carrier reimbursement schedule or
  717  implementing alternative reimbursement methods.
  718         4. Submit recommendations on or before January 15, 2017,
  719  and biennially thereafter, to the President of the Senate and
  720  the Speaker of the House of Representatives on methods to
  721  improve the workers’ compensation health care delivery system.
  722  
  723  The department, as requested, shall provide data to the panel,
  724  including, but not limited to, utilization trends in the
  725  workers’ compensation health care delivery system. The
  726  department shall provide the panel with an annual report
  727  regarding the resolution of medical reimbursement disputes and
  728  any actions pursuant to subsection (8). The department shall
  729  provide administrative support and service to the panel to the
  730  extent requested by the panel. For prescription medication
  731  purchased under the requirements of this subsection, a
  732  dispensing practitioner shall not possess such medication unless
  733  payment has been made by the practitioner, the practitioner’s
  734  professional practice, or the practitioner’s practice management
  735  company or employer to the supplying manufacturer, wholesaler,
  736  distributor, or drug repackager within 60 days of the dispensing
  737  practitioner taking possession of that medication.
  738         (14)PRACTICE PARAMETERS.—The practice parameters and
  739  protocols mandated under this chapter shall be the practice
  740  parameters and protocols adopted by the United States Agency for
  741  Healthcare Research and Quality in effect on January 1, 2003.
  742         Section 8. Subsection (8) is added to section 440.38,
  743  Florida Statutes, to read:
  744         440.38 Security for compensation; insurance carriers and
  745  self-insurers.—
  746         (8) Any form used by the department to evidence an
  747  employer’s workers’ compensation coverage under paragraph (1)(a)
  748  must contain all of the following:
  749         (a)The governing class code or codes.
  750         (b)Payroll information.
  751         (c)The total number of employees covered by the workers’
  752  compensation insurance policy.
  753         Section 9. Effective January 1, 2024, subsection (2) of
  754  section 440.385, Florida Statutes, is amended to read:
  755         440.385 Florida Self-Insurers Guaranty Association,
  756  Incorporated.—
  757         (2) BOARD OF DIRECTORS.—The board of directors of the
  758  association shall consist of nine persons and shall be organized
  759  as established in the plan of operation. Each director must All
  760  board members shall be experienced in self-insurance in this
  761  state. Each director shall serve for a 4-year term and may be
  762  reappointed. Appointments after January 1, 2002, shall be made
  763  by the department upon recommendation of members of the
  764  association or other persons with experience in self-insurance
  765  as determined by the Chief Financial Officer. Any vacancy on the
  766  board shall be filled for the remaining period of the term in
  767  the same manner as appointments other than initial appointments
  768  are made. Each director shall be reimbursed for expenses
  769  incurred in carrying out the duties of the board on behalf of
  770  the association.
  771         (a)The Chief Financial Officer may remove a director from
  772  office for misconduct, malfeasance, misfeasance, or neglect of
  773  duty. Any vacancy so created shall be filled as provided in this
  774  subsection.
  775         (b)Directors are subject to the code of ethics under part
  776  III of chapter 112, including, but not limited to, the code of
  777  ethics and public disclosure and reporting of financial
  778  interests, pursuant to s. 112.3145. For purposes of applying
  779  part III of chapter 112 to activities of members of the board of
  780  directors, those persons are considered public officers and the
  781  association is considered their agency. Notwithstanding s.
  782  112.3143(2), a director may not vote on any measure that he or
  783  she knows would inure to his or her special private gain or
  784  loss; that he or she knows would inure to the special private
  785  gain or loss of any principal by which he or she is retained,
  786  other than an agency as defined in s. 112.312; or that he or she
  787  knows would inure to the special private gain or loss of a
  788  relative or business associate of the public officer. Before the
  789  vote is taken, such director shall publicly state to the board
  790  the nature of his or her interest in the matter from which he or
  791  she is abstaining from voting and, within 15 days after the vote
  792  occurs, disclose the nature of his or her interest as a public
  793  record in a memorandum filed with the person responsible for
  794  recording the minutes of the meeting, who shall incorporate the
  795  memorandum in the minutes.
  796         (c)Notwithstanding s. 112.3148, s. 112.3149, or any other
  797  law, an employee of the association or a director may not
  798  knowingly accept, directly or indirectly, any gift or
  799  expenditure from a person or an entity, or an employee or a
  800  representative of such person or entity, which has a contractual
  801  relationship with the association or which is under
  802  consideration for a contract.
  803         (d)A director who fails to comply with paragraph (b) or
  804  paragraph (c) is subject to the penalties provided under ss.
  805  112.317 and 112.3173.
  806         Section 10. Subsection (1) of section 624.1265, Florida
  807  Statutes, is amended to read:
  808         624.1265 Nonprofit religious organization exemption;
  809  authority; notice.—
  810         (1) A nonprofit religious organization is not subject to
  811  the requirements of the Florida Insurance Code if the nonprofit
  812  religious organization:
  813         (a) Qualifies under Title 26, s. 501 of the Internal
  814  Revenue Code of 1986, as amended;
  815         (b) Limits its participants to those members who share a
  816  common set of ethical or religious beliefs;
  817         (c) Acts as a facilitator among participants who have
  818  financial, physical, or medical needs to assist those with
  819  financial, physical, or medical needs in accordance with
  820  criteria established by the nonprofit religious organization;
  821         (d) Provides for the financial or medical needs of a
  822  participant through contributions from other participants, or
  823  through payments directly from one participant to another
  824  participant;
  825         (e) Provides amounts that participants may contribute, with
  826  no assumption of risk and no promise to pay:
  827         1. Among the participants; or
  828         2. By the nonprofit religious organization to the
  829  participants;
  830         (f) Provides a monthly accounting to the participants of
  831  the total dollar amount of qualified needs actually shared in
  832  the previous month in accordance with criteria established by
  833  the nonprofit religious organization; and
  834         (g) Conducts an annual audit that is performed by an
  835  independent certified public accounting firm in accordance with
  836  generally accepted accounting principles and that is made
  837  available to the public by providing a copy upon request or by
  838  posting on the nonprofit religious organization’s website; and
  839         (h)Does not market or sell health plans by agents licensed
  840  by the department under chapter 626.
  841         Section 11. Subsection (25) of section 624.501, Florida
  842  Statutes, is amended to read:
  843         624.501 Filing, license, appointment, and miscellaneous
  844  fees.—The department, commission, or office, as appropriate,
  845  shall collect in advance, and persons so served shall pay to it
  846  in advance, fees, licenses, and miscellaneous charges as
  847  follows:
  848         (25) Reinsurance intermediary:
  849         (a)Application filing and license fee	$50.00
  850         (b) Original appointment and biennial renewal or
  851  continuation thereof, appointment fee	$60.00
  852         Section 12. Subsection (5) of section 626.015, Florida
  853  Statutes, is amended to read:
  854         626.015 Definitions.—As used in this part:
  855         (5) “Association” includes the Florida Association of
  856  Insurance Agents (FAIA), the National Association of Insurance
  857  and Financial Advisors (NAIFA), the National Association of
  858  Benefits and Insurance Professionals Florida Chapter (NABIP
  859  Florida) Florida Association of Health Underwriters (FAHU), the
  860  Latin American Association of Insurance Agencies (LAAIA), the
  861  Florida Association of Public Insurance Adjusters (FAPIA), the
  862  Florida Bail Agents Association (FBAA), or the Professional Bail
  863  Agents of the United States (PBUS).
  864         Section 13. Subsection (4) of section 626.171, Florida
  865  Statutes, is amended to read:
  866         626.171 Application for license as an agent, customer
  867  representative, adjuster, service representative, or reinsurance
  868  intermediary.—
  869         (4) An applicant for a license issued by the department
  870  under this chapter must submit a set of the individual
  871  applicant’s fingerprints, or, if the applicant is not an
  872  individual, a set of the fingerprints of the sole proprietor,
  873  majority owner, partners, officers, and directors, to the
  874  department and must pay the fingerprint processing fee set forth
  875  in s. 624.501. Fingerprints must be processed in accordance with
  876  s. 624.34 and used to investigate the applicant’s qualifications
  877  pursuant to s. 626.201. The fingerprints must be taken by a law
  878  enforcement agency, designated examination center, or other
  879  department-approved entity. The department shall require all
  880  designated examination centers to have fingerprinting equipment
  881  and to take fingerprints from any applicant or prospective
  882  applicant who pays the applicable fee. The department may not
  883  approve an application for licensure as an agent, customer
  884  service representative, adjuster, service representative, or
  885  reinsurance intermediary if fingerprints have not been
  886  submitted.
  887         Section 14. Paragraph (c) of subsection (1) of section
  888  626.173, Florida Statutes, is amended to read:
  889         626.173 Insurance agency closure; cancellation of
  890  licenses.—
  891         (1) If a licensed insurance agency permanently ceases the
  892  transacting of insurance or ceases the transacting of insurance
  893  for more than 30 days, the agent in charge, the director of the
  894  agency, or other officer listed on the original application for
  895  licensure must, within 35 days after the agency first ceases the
  896  transacting of insurance, do all of the following:
  897         (c) Notify all policyholders currently insured by a policy
  898  written, produced, or serviced by the agency of the agency’s
  899  cessation of operations; the date on which operations ceased;
  900  and the identity of the agency or agent to which the agency’s
  901  current book of business has been transferred or, if no transfer
  902  has occurred, a statement directing the policyholder to contact
  903  the insurance company for assistance in locating a licensed
  904  agent to service the policy. This paragraph does not apply to
  905  title insurance, life insurance, or annuity contracts.
  906         Section 15. Subsection (8) of section 626.207, Florida
  907  Statutes, is amended to read:
  908         626.207 Disqualification of applicants and licensees;
  909  penalties against licensees; rulemaking authority.—
  910         (8) The department shall adopt rules establishing specific
  911  penalties against licensees in accordance with ss. 626.641 and
  912  626.651 for violations of s. 626.112(7) or (9), s. 626.611, s.
  913  626.6115, s. 626.621, s. 626.6215, s. 626.7451, s. 626.8437, s.
  914  626.844, s. 626.8695, s. 626.8697, s. 626.8698, s. 626.935, s.
  915  634.181, s. 634.191, s. 634.320, s. 634.321, s. 634.422, s.
  916  634.423, s. 642.041, or s. 642.043. The purpose of the
  917  revocation or suspension is to provide a sufficient penalty to
  918  deter future violations of the Florida Insurance Code. The
  919  imposition of a revocation or the length of suspension shall be
  920  based on the type of conduct and the probability that the
  921  propensity to commit further illegal conduct has been overcome
  922  at the time of eligibility for relicensure. The length of
  923  suspension may be adjusted based on aggravating or mitigating
  924  factors, established by rule and consistent with this purpose.
  925         Section 16. Paragraph (j) of subsection (2) of section
  926  626.221, Florida Statutes, is amended to read:
  927         626.221 Examination requirement; exemptions.—
  928         (2) However, an examination is not necessary for any of the
  929  following:
  930         (j) An applicant for license as an all-lines adjuster who
  931  has the designation of Accredited Claims Adjuster (ACA) from a
  932  regionally accredited postsecondary institution in this state;
  933  Certified All Lines Adjuster (CALA) from Kaplan Financial
  934  Education; Associate in Claims (AIC) from the Insurance
  935  Institute of America; Professional Claims Adjuster (PCA) from
  936  the Professional Career Institute; Professional Property
  937  Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
  938  Certified Adjuster (CA) from ALL LINES Training; Certified
  939  Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster
  940  Certified Professional (CACP) from WebCE, Inc.; Accredited
  941  Insurance Claims Specialist (AICS) from Encore Claim Services;
  942  Professional in Claims (PIC) from 2021 Training, LLC; or
  943  Universal Claims Certification (UCC) from Claims and Litigation
  944  Management Alliance (CLM) whose curriculum has been approved by
  945  the department and which includes comprehensive analysis of
  946  basic property and casualty lines of insurance and testing at
  947  least equal to that of standard department testing for the all
  948  lines adjuster license. The department shall adopt rules
  949  establishing standards for the approval of curriculum.
  950         Section 17. Paragraphs (c) and (f) of subsection (3) of
  951  section 626.2815, Florida Statutes, are amended to read:
  952         626.2815 Continuing education requirements.—
  953         (3) Each licensee except a title insurance agent must
  954  complete a 4-hour update course every 2 years which is specific
  955  to the license held by the licensee. The course must be
  956  developed and offered by providers and approved by the
  957  department. The content of the course must address all lines of
  958  insurance for which examination and licensure are required and
  959  include the following subject areas: insurance law updates,
  960  ethics for insurance professionals, disciplinary trends and case
  961  studies, industry trends, premium discounts, determining
  962  suitability of products and services, and other similar
  963  insurance-related topics the department determines are relevant
  964  to legally and ethically carrying out the responsibilities of
  965  the license granted. A licensee who holds multiple insurance
  966  licenses must complete an update course that is specific to at
  967  least one of the licenses held. Except as otherwise specified,
  968  any remaining required hours of continuing education are
  969  elective and may consist of any continuing education course
  970  approved by the department under this section.
  971         (c) A licensee who has been licensed for 25 years or more
  972  and is a CLU or a CPCU or has a Bachelor of Science degree or
  973  higher in risk management or insurance with evidence of 18 or
  974  more semester hours in insurance-related courses must also
  975  complete a minimum of 6 hours of elective continuing education
  976  courses every 2 years.
  977         (f) Elective continuing education courses for public
  978  adjusters may must be any course related to commercial and
  979  residential property coverages, claim adjusting practices, and
  980  any other adjuster elective courses specifically designed for
  981  public adjusters and approved by the department. Notwithstanding
  982  this subsection, public adjusters for workers’ compensation
  983  insurance or health insurance are not required to take
  984  continuing education courses pursuant to this section.
  985         Section 18. Paragraphs (a), (b), and (e) of subsection (1)
  986  of section 626.321, Florida Statutes, are amended, and paragraph
  987  (i) is added to that subsection, to read:
  988         626.321 Limited licenses and registration.—
  989         (1) The department shall issue to a qualified applicant a
  990  license as agent authorized to transact a limited class of
  991  business in any of the following categories of limited lines
  992  insurance:
  993         (a) Motor vehicle physical damage and mechanical breakdown
  994  insurance.—License covering insurance against only the loss of
  995  or damage to a motor vehicle that is designed for use upon a
  996  highway, including trailers and semitrailers designed for use
  997  with such vehicles. Such license also covers insurance against
  998  the failure of an original or replacement part to perform any
  999  function for which it was designed. A licensee under this
 1000  paragraph may not hold a license as an agent for any other or
 1001  additional kind or class of insurance coverage except a limited
 1002  license for credit insurance as provided in paragraph (e).
 1003  Effective October 1, 2012, all licensees holding such limited
 1004  license and appointment may renew the license and appointment,
 1005  but no new or additional licenses may be issued pursuant to this
 1006  paragraph, and a licensee whose limited license under this
 1007  paragraph has been terminated, suspended, or revoked may not
 1008  have such license reinstated.
 1009         (b) Industrial fire insurance or burglary insurance.
 1010  License covering only industrial fire insurance or burglary
 1011  insurance. A licensee under this paragraph may not hold a
 1012  license as an agent for any other or additional kind or class of
 1013  insurance coverage except for life insurance and health
 1014  insurance. Effective July 1, 2019, all licensees holding such
 1015  limited license and appointment may renew the license and
 1016  appointment, but no new or additional licenses may be issued
 1017  pursuant to this paragraph, and a licensee whose limited license
 1018  under this paragraph has been terminated, suspended, or revoked
 1019  may not have such license reinstated.
 1020         (e) Credit insurance.—License covering credit life, credit
 1021  disability, credit property, credit unemployment, involuntary
 1022  unemployment, mortgage life, mortgage guaranty, mortgage
 1023  disability, guaranteed automobile protection (GAP) insurance,
 1024  and any other form of insurance offered in connection with an
 1025  extension of credit which is limited to partially or wholly
 1026  extinguishing a credit obligation that the department determines
 1027  should be designated a form of limited line credit insurance.
 1028  Effective October 1, 2012, all valid licenses held by persons
 1029  for any of the lines of insurance listed in this paragraph shall
 1030  be converted to a credit insurance license. Licensees who wish
 1031  to obtain a new license reflecting such change must request a
 1032  duplicate license and pay a $5 fee as specified in s.
 1033  624.501(15). The license may be issued only to an individual
 1034  employed by a life or health insurer as an officer or other
 1035  salaried or commissioned representative, to an individual
 1036  employed by or associated with a lending or financial
 1037  institution or creditor, or to a lending or financial
 1038  institution or creditor, and may authorize the sale of such
 1039  insurance only with respect to borrowers or debtors of such
 1040  lending or financing institution or creditor. However, only the
 1041  individual or entity whose tax identification number is used in
 1042  receiving or is credited with receiving the commission from the
 1043  sale of such insurance shall be the licensed agent of the
 1044  insurer. No individual while so licensed shall hold a license as
 1045  an agent as to any other or additional kind or class of life or
 1046  health insurance coverage.
 1047         (i)Preneed funeral agreement insurance.Limited license
 1048  for insurance covering only prearranged funeral, cremation, or
 1049  cemetery agreements, or any combination thereof, funded by
 1050  insurance and offered in connection with an establishment that
 1051  holds a preneed license pursuant to s. 497.452. Such license may
 1052  be issued without examination only to an individual who has
 1053  filed with the department an application for a license in a form
 1054  and manner prescribed by the department, who currently holds a
 1055  valid preneed sales agent license pursuant to s. 497.466, who
 1056  paid the applicable fees for a license as prescribed in s.
 1057  624.501, who has been appointed under s. 626.112, and who paid
 1058  the prescribed appointment fee under s. 624.501.
 1059         Section 19. Paragraph (n) of subsection (1) of section
 1060  626.611, Florida Statutes, is amended to read:
 1061         626.611 Grounds for compulsory refusal, suspension, or
 1062  revocation of agent’s, title agency’s, adjuster’s, customer
 1063  representative’s, service representative’s, or managing general
 1064  agent’s license or appointment.—
 1065         (1) The department shall deny an application for, suspend,
 1066  revoke, or refuse to renew or continue the license or
 1067  appointment of any applicant, agent, title agency, adjuster,
 1068  customer representative, service representative, or managing
 1069  general agent, and it shall suspend or revoke the eligibility to
 1070  hold a license or appointment of any such person, if it finds
 1071  that as to the applicant, licensee, or appointee any one or more
 1072  of the following applicable grounds exist:
 1073         (n) Having been found guilty of or having pleaded guilty or
 1074  nolo contendere to a misdemeanor directly related to the
 1075  financial services business, any felony, or any a crime
 1076  punishable by imprisonment of 1 year or more under the law of
 1077  the United States of America or of any state thereof or under
 1078  the law of any other country, without regard to whether a
 1079  judgment of conviction has been entered by the court having
 1080  jurisdiction of such cases.
 1081         Section 20. Subsection (18) is added to section 626.621,
 1082  Florida Statutes, to read:
 1083         626.621 Grounds for discretionary refusal, suspension, or
 1084  revocation of agent’s, adjuster’s, customer representative’s,
 1085  service representative’s, or managing general agent’s license or
 1086  appointment.—The department may, in its discretion, deny an
 1087  application for, suspend, revoke, or refuse to renew or continue
 1088  the license or appointment of any applicant, agent, adjuster,
 1089  customer representative, service representative, or managing
 1090  general agent, and it may suspend or revoke the eligibility to
 1091  hold a license or appointment of any such person, if it finds
 1092  that as to the applicant, licensee, or appointee any one or more
 1093  of the following applicable grounds exist under circumstances
 1094  for which such denial, suspension, revocation, or refusal is not
 1095  mandatory under s. 626.611:
 1096         (18)Cancellation of the applicant’s, licensee’s, or
 1097  appointee’s resident license in a state other than Florida.
 1098         Section 21. Paragraphs (d) and (g) of subsection (2) and
 1099  paragraphs (a), (b), and (e) through (j) of subsection (3) of
 1100  section 626.7492, Florida Statutes, are amended to read:
 1101         626.7492 Reinsurance intermediaries.—
 1102         (2) DEFINITIONS.—As used in this section:
 1103         (d) “Producer” means a licensed an agent, broker, or
 1104  insurance agency that is appointed as a reinsurance intermediary
 1105  licensed pursuant to the applicable provision of the Florida
 1106  Insurance Code.
 1107         (g) “Reinsurance intermediary manager” means any person who
 1108  has authority to bind, or manages all or part of, the assumed
 1109  reinsurance business of a reinsurer, including the management of
 1110  a separate division, department, or underwriting office, and
 1111  acts as a representative an agent for the reinsurer whether
 1112  known as a reinsurance intermediary manager, manager, or other
 1113  similar term. Notwithstanding the above, none of the following
 1114  persons is a reinsurance intermediary manager with respect to
 1115  the reinsurer for the purposes of this section:
 1116         1. An employee of the reinsurer;
 1117         2. A manager of the United States branch of an alien
 1118  reinsurer;
 1119         3. An underwriting manager which, pursuant to contract,
 1120  manages all the reinsurance operations of the reinsurer, is
 1121  under common control with the reinsurer, subject to the holding
 1122  company act, and whose compensation is not based on the volume
 1123  of premiums written.
 1124         4. The manager of a group, association, pool, or
 1125  organization of insurers which engage in joint underwriting or
 1126  joint reinsurance and who are subject to examination by the
 1127  insurance regulatory authority of the state in which the
 1128  manager’s principal business office is located.
 1129         (3) LICENSURE.—
 1130         (a) No person shall act as a reinsurance intermediary
 1131  broker in this state if the reinsurance intermediary broker
 1132  maintains an office either directly or as a member or employee
 1133  of a firm or association, or an officer, director, or employee
 1134  of a corporation:
 1135         1. In this state, unless the reinsurance intermediary
 1136  broker is a licensed producer in this state; or
 1137         2. In another state, unless the reinsurance intermediary
 1138  broker is a licensed producer in this state or in another state
 1139  having a law substantially similar to this section or the
 1140  reinsurance intermediary broker is licensed in this state as an
 1141  insurance agency and appointed as a nonresident reinsurance
 1142  intermediary.
 1143         (b) No person shall act as a reinsurance intermediary
 1144  manager:
 1145         1. For a reinsurer domiciled in this state, unless the
 1146  reinsurance intermediary manager is a licensed producer in this
 1147  state;
 1148         2. In this state, if the reinsurance intermediary manager
 1149  maintains an office either directly or as a member or employee
 1150  of a firm or association, or an officer, director, or employee
 1151  of a corporation in this state, unless the reinsurance
 1152  intermediary manager is a licensed producer in this state;
 1153         3. In another state for a nondomestic insurer, unless the
 1154  reinsurance intermediary manager is a licensed producer in this
 1155  state or another state having a law substantially similar to
 1156  this section, or the person is licensed in this state as a
 1157  producer nonresident reinsurance intermediary.
 1158         (e) If the applicant for a reinsurance intermediary
 1159  appointment license is a nonresident, the applicant, as a
 1160  condition precedent to receiving or holding an appointment a
 1161  license, must designate the Chief Financial Officer as agent for
 1162  service of process in the manner, and with the same legal
 1163  effect, provided for by this section for designation of service
 1164  of process upon unauthorized insurers. Such applicant shall also
 1165  furnish the department with the name and address of a resident
 1166  of this state upon whom notices or orders of the department or
 1167  process affecting the nonresident reinsurance intermediary may
 1168  be served. The licensee shall promptly notify the department in
 1169  writing of each change in its designated agent for service of
 1170  process, and the change shall not become effective until
 1171  acknowledged by the department.
 1172         (f) The department may refuse to issue a reinsurance
 1173  intermediary license if, in its judgment, the applicant, anyone
 1174  named on the application, or any member, principal, officer, or
 1175  director of the applicant, has demonstrated a lack of fitness
 1176  and trustworthiness, or that any controlling person of the
 1177  applicant is not fit or trustworthy to act as a reinsurance
 1178  intermediary, or that any of the foregoing has given cause for
 1179  revocation or suspension of the license, or has failed to comply
 1180  with any prerequisite for the issuance of the license.
 1181         (g) Reinsurance intermediaries shall be licensed,
 1182  appointed, renewed, continued, reinstated, or terminated as
 1183  prescribed in this chapter for insurance representatives in
 1184  general, except that they shall be exempt from the photo,
 1185  education, and examination provisions. License, Appointment, and
 1186  other fees shall be those prescribed in s. 624.501.
 1187         (g)(h) The grounds and procedures for refusal of an a
 1188  license or appointment or suspension or revocation of a license
 1189  or appointment issued to a reinsurance intermediary under this
 1190  section are as set forth in ss. 626.611-626.691 for insurance
 1191  representatives in general.
 1192         (h)(i) An attorney licensed in this state, when acting in a
 1193  professional capacity, is exempt from this subsection.
 1194         (i)(j) The department may develop necessary rules to carry
 1195  out this section.
 1196         Section 22. Subsection (5) of section 626.752, Florida
 1197  Statutes, is amended to read:
 1198         626.752 Exchange of business.—
 1199         (5) Within 15 days after the last day of each month, any
 1200  insurer accepting business under this section shall report to
 1201  the department the name, address, telephone number, and social
 1202  security number of each agent from which the insurer received
 1203  more than four personal lines risks during the calendar year,
 1204  except for risks being removed from the Citizens Property
 1205  Insurance Corporation and placed with that insurer by a
 1206  brokering agent. Once the insurer has reported pursuant to this
 1207  subsection an agent’s name to the department, additional reports
 1208  on the same agent shall not be required. However, the fee set
 1209  forth in s. 624.501 must be paid for the agent by the insurer
 1210  for each year until the insurer notifies the department that the
 1211  insurer is no longer accepting business from the agent pursuant
 1212  to this section. The insurer may require that the agent
 1213  reimburse the insurer for the fee. If the insurer or employer
 1214  does not pay the fees and taxes due pursuant to this subsection
 1215  within 21 days after notice by the department, the department
 1216  must suspend the insurer’s or employer’s authority to appoint
 1217  licensees until all outstanding fees and taxes have been paid.
 1218         Section 23. Subsection (3) of section 626.785, Florida
 1219  Statutes, is amended to read:
 1220         626.785 Qualifications for license.—
 1221         (3) Notwithstanding any other provisions of this chapter, a
 1222  funeral director, a direct disposer, or an employee of a funeral
 1223  establishment that holds a preneed license pursuant to s.
 1224  497.452 may obtain an agent’s license or a limited license to
 1225  sell only policies of life insurance covering the expense of a
 1226  prearrangement for funeral services or merchandise so as to
 1227  provide funds at the time the services and merchandise are
 1228  needed. The face amount of insurance covered by any such policy
 1229  shall not exceed $21,000, plus an annual percentage increase
 1230  based on the Annual Consumer Price Index compiled by the United
 1231  States Department of Labor, beginning with the Annual Consumer
 1232  Price Index announced by the United States Department of Labor
 1233  for 2016.
 1234         Section 24. Subsection (4) of section 626.793, Florida
 1235  Statutes, is amended to read:
 1236         626.793 Excess or rejected business.—
 1237         (4) Within 15 days after the last day of each month, any
 1238  insurer accepting business under this section shall report to
 1239  the department the name, address, telephone number, and social
 1240  security number of each agent from which the insurer received
 1241  more than four risks during the calendar year. Once the insurer
 1242  has reported an agent’s name to the department pursuant to this
 1243  subsection, additional reports on the same agent shall not be
 1244  required. However, the fee set forth in s. 624.501 must be paid
 1245  for the agent by the insurer for each year until the insurer
 1246  notifies the department that the insurer is no longer accepting
 1247  business from the agent pursuant to this section. The insurer
 1248  may require that the agent reimburse the insurer for the fee. If
 1249  the insurer or employer does not pay the fees and taxes due
 1250  pursuant to this subsection within 21 days after notice by the
 1251  department, the department must suspend the insurer’s or
 1252  employer’s authority to appoint licensees until all outstanding
 1253  fees and taxes have been paid.
 1254         Section 25. Subsection (5) of section 626.837, Florida
 1255  Statutes, is amended to read:
 1256         626.837 Excess or rejected business.—
 1257         (5) Within 15 days after the last day of each month, any
 1258  insurer accepting business under this section shall report to
 1259  the department the name, address, telephone number, and social
 1260  security number of each agent from which the insurer received
 1261  more than four risks during the calendar year. Once the insurer
 1262  has reported pursuant to this subsection an agent’s name to the
 1263  department, additional reports on the same agent shall not be
 1264  required. However, the fee set forth in s. 624.501 must be paid
 1265  for the agent by the insurer for each year until the insurer
 1266  notifies the department that the insurer is no longer accepting
 1267  business from the agent pursuant to this section. The insurer
 1268  may require that the agent reimburse the insurer for the fee. If
 1269  the insurer or employer does not pay the fees and taxes due
 1270  pursuant to this subsection within 21 days after notice by the
 1271  department, the department must suspend the insurer’s or
 1272  employer’s authority to appoint licensees until all outstanding
 1273  fees and taxes have been paid.
 1274         Section 26. Paragraph (e) is added to subsection (2) of
 1275  section 626.8411, Florida Statutes, to read:
 1276         626.8411 Application of Florida Insurance Code provisions
 1277  to title insurance agents or agencies.—
 1278         (2) The following provisions of part I do not apply to
 1279  title insurance agents or title insurance agencies:
 1280         (e)Section 626.173(1)(c), relating to notifying
 1281  policyholders of the agency closure.
 1282         Section 27. Present subsections (8) through (11) of section
 1283  626.8437, Florida Statutes, are redesignated as subsections (9)
 1284  through (12), respectively, and a new subsection (8) and
 1285  subsection (13) are added to that section, to read:
 1286         626.8437 Grounds for denial, suspension, revocation, or
 1287  refusal to renew license or appointment.—The department shall
 1288  deny, suspend, revoke, or refuse to renew or continue the
 1289  license or appointment of any title insurance agent or agency,
 1290  and it shall suspend or revoke the eligibility to hold a license
 1291  or appointment of such person, if it finds that as to the
 1292  applicant, licensee, appointee, or any principal thereof, any
 1293  one or more of the following grounds exist:
 1294         (8)Misappropriation, conversion, or improper withholding
 1295  of funds not legally entitled thereto and which are received in
 1296  a fiduciary capacity and held as part of an escrow agreement,
 1297  real estate sales contract, or as provided on a settlement
 1298  statement in a real estate transaction.
 1299         (13)Revocation or cancellation of a licensee’s resident
 1300  license in a jurisdiction other than this state.
 1301         Section 28. Subsections (7) and (8) are added to section
 1302  626.844, Florida Statutes, to read:
 1303         626.844 Grounds for discretionary refusal, suspension, or
 1304  revocation of license or appointment.—The department may, in its
 1305  discretion, deny, suspend, revoke, or refuse to renew or
 1306  continue the license or appointment of any title insurance agent
 1307  or agency, and it may suspend or revoke the eligibility to hold
 1308  a license or appointment of any such title insurance agent or
 1309  agency if it finds that as to the applicant or licensee or
 1310  appointee, or any principal thereof, any one or more of the
 1311  following grounds exist under circumstances for which such
 1312  denial, suspension, revocation, or refusal is not mandatory
 1313  under s. 626.8437:
 1314         (7)Having been the subject of, or having had a license,
 1315  permit, appointment, registration, or other authority to conduct
 1316  business subject to, any decision, finding, injunction,
 1317  suspension, prohibition, revocation, denial, judgment, final
 1318  agency action, or administrative order by any court of competent
 1319  jurisdiction, administrative law proceeding, state agency,
 1320  federal agency, national securities, commodities, or option
 1321  exchange, or national securities, commodities, or option
 1322  association involving a violation of any federal or state
 1323  securities or commodities law or any rule or regulation adopted
 1324  thereunder, or a violation of any rule or regulation of any
 1325  national securities, commodities, or options exchange or
 1326  national securities, commodities, or options association.
 1327         (8)Revocation or cancellation of a licensee’s resident
 1328  license in a jurisdiction other than this state.
 1329         Section 29. Section 626.8473, Florida Statutes, is amended
 1330  to read:
 1331         626.8473 Escrow; trust fund.—
 1332         (1) A title insurance agency agent may engage in business
 1333  as an escrow agent as to funds received from others to be
 1334  subsequently disbursed by the title insurance agent in
 1335  connection with real estate closing transactions involving the
 1336  issuance of title insurance binders, commitments, policies of
 1337  title insurance, or guarantees of title, provided that a
 1338  licensed and appointed title insurance agency agent complies
 1339  with the requirements of s. 626.8419 s. 626.8417, including such
 1340  requirements added after the initial licensure of the agency
 1341  agent.
 1342         (2) All funds received by a title insurance agency agent as
 1343  described in subsection (1) shall be trust funds received in a
 1344  fiduciary capacity by the title insurance agency agent and shall
 1345  be the property of the person or persons entitled thereto.
 1346         (3) All funds received by a title insurance agency agent to
 1347  be held in trust shall be immediately placed in a financial
 1348  institution that is located within this state and is a member of
 1349  the Federal Deposit Insurance Corporation or the National Credit
 1350  Union Share Insurance Fund. These funds shall be invested in an
 1351  escrow account in accordance with the investment requirements
 1352  and standards established for deposits and investments of state
 1353  funds in s. 17.57, where the funds shall be kept until
 1354  disbursement thereof is properly authorized.
 1355         (4) Funds required to be maintained in escrow trust
 1356  accounts pursuant to this section shall not be subject to any
 1357  debts of the title insurance agency agent and shall be used only
 1358  in accordance with the terms of the individual, escrow,
 1359  settlement, or closing instructions under which the funds were
 1360  accepted.
 1361         (5) The title insurance agency agents shall maintain
 1362  separate records of all receipts and disbursements of escrow,
 1363  settlement, or closing funds.
 1364         (6) In the event that the department promulgates rules
 1365  necessary to implement the requirements of this section pursuant
 1366  to s. 624.308, the department shall consider reasonable
 1367  standards necessary for the protection of funds held in trust,
 1368  including, but not limited to, standards for accounting of
 1369  funds, standards for receipt and disbursement of funds, and
 1370  protection for the person or persons to whom the funds are to be
 1371  disbursed.
 1372         (7) A title insurance agency agent, or any officer,
 1373  director, or employee thereof, or any person associated
 1374  therewith as an independent contractor for bookkeeping or
 1375  similar purposes, who converts or misappropriates funds received
 1376  or held in escrow or in trust by such title insurance agency
 1377  agent, or any person who knowingly receives or conspires to
 1378  receive such funds, commits:
 1379         (a) If the funds converted or misappropriated are $300 or
 1380  less, a misdemeanor of the first degree, punishable as provided
 1381  in s. 775.082 or s. 775.083.
 1382         (b) If the funds converted or misappropriated are more than
 1383  $300, but less than $20,000, a felony of the third degree,
 1384  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1385         (c) If the funds converted or misappropriated are $20,000
 1386  or more, but less than $100,000, a felony of the second degree,
 1387  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1388         (d) If the funds converted or misappropriated are $100,000
 1389  or more, a felony of the first degree, punishable as provided in
 1390  s. 775.082, s. 775.083, or s. 775.084.
 1391         (8) An attorney shall deposit and maintain all funds
 1392  received in connection with transactions in which the attorney
 1393  is serving as a title or real estate settlement agent into a
 1394  separate trust account that is maintained exclusively for funds
 1395  received in connection with such transactions and permit the
 1396  account to be audited by its title insurers, unless maintaining
 1397  funds in the separate account for a particular client would
 1398  violate applicable rules of The Florida Bar.
 1399         Section 30. Subsection (19) of section 626.854, Florida
 1400  Statutes, is amended to read:
 1401         626.854 “Public adjuster” defined; prohibitions.—The
 1402  Legislature finds that it is necessary for the protection of the
 1403  public to regulate public insurance adjusters and to prevent the
 1404  unauthorized practice of law.
 1405         (19) Except as otherwise provided in this chapter, no
 1406  person, except an attorney at law or a licensed and appointed
 1407  public adjuster, may for money, commission, or any other thing
 1408  of value, directly or indirectly:
 1409         (a) Prepare, complete, or file an insurance claim for an
 1410  insured or a third-party claimant;
 1411         (b) Act on behalf of or aid an insured or a third-party
 1412  claimant in negotiating for or effecting the settlement of a
 1413  claim for loss or damage covered by an insurance contract;
 1414         (c) Offer to initiate or negotiate a claim on behalf of an
 1415  insured;
 1416         (d) Advertise services that require a license as a public
 1417  adjuster; or
 1418         (e) Solicit, investigate, or adjust a claim on behalf of a
 1419  public adjuster, an insured, or a third-party claimant.
 1420         Section 31. Section 626.874, Florida Statutes, is amended
 1421  to read:
 1422         626.874 Catastrophe or emergency adjusters.—
 1423         (1) In the event of a catastrophe or emergency, the
 1424  department may issue a license, for the purposes and under the
 1425  conditions and for the period of emergency as it shall
 1426  determine, to persons who are residents or nonresidents of this
 1427  state, who are at least 18 years of age, who are United States
 1428  citizens or legal aliens who possess work authorization from the
 1429  United States Bureau of Citizenship and Immigration Services,
 1430  and who are not licensed adjusters under this part but who have
 1431  been designated and certified to it as qualified to act as
 1432  adjusters by an authorized insurer to adjust claims, losses, or
 1433  damages under policies or contracts of insurance issued by such
 1434  insurers, or by a licensed the primary adjuster of an
 1435  independent adjusting firm contracted with an authorized insurer
 1436  to adjust claims on behalf of the insurer. The fee for the
 1437  license is as provided in s. 624.501(12)(c).
 1438         (2) If any person not a licensed adjuster who has been
 1439  permitted to adjust such losses, claims, or damages under the
 1440  conditions and circumstances set forth in subsection (1),
 1441  engages in any of the misconduct described in or contemplated by
 1442  chapter 626 ss. 626.611 and 626.621, the department, without
 1443  notice and hearing, shall be authorized to issue its order
 1444  denying such person the privileges granted under this section;
 1445  and thereafter it shall be unlawful for any such person to
 1446  adjust any such losses, claims, or damages in this state.
 1447         Section 32. Subsection (2) of section 626.9892, Florida
 1448  Statutes, is amended to read:
 1449         626.9892 Anti-Fraud Reward Program; reporting of insurance
 1450  fraud.—
 1451         (2) The department may pay rewards of up to $25,000 to
 1452  persons providing information leading to the arrest and
 1453  conviction of persons committing crimes investigated by the
 1454  department arising from violations of s. 400.9935, s. 440.105,
 1455  s. 624.15, s. 626.112, s. 626.8473, s. 626.8738, s. 626.9541, s.
 1456  626.989, s. 790.164, s. 790.165, s. 790.166, s. 806.01, s.
 1457  806.031, s. 806.10, s. 806.111, s. 812.014, s. 817.034, s.
 1458  817.233, or s. 817.234, s. 817.236, s. 817.2361, s. 817.505, s.
 1459  817.568, s. 831.01, s. 895.03, s. 895.04, or s. 896.101.
 1460         Section 33. Present subsections (7) through (12) of section
 1461  626.9957, Florida Statutes, are redesignated as subsections (8)
 1462  through (13), respectively, and a new subsection (7) is added to
 1463  that section, to read:
 1464         626.9957 Conduct prohibited; denial, revocation,
 1465  termination, expiration, or suspension of registration.—
 1466         (7)If a navigator registered under this part fails to
 1467  maintain an active, valid navigator’s registration status with
 1468  the Federal Government or an exchange, the navigator’s
 1469  registration issued under this part shall expire by operation of
 1470  law. A navigator with an expired registration may not be granted
 1471  subsequent registration until the navigator qualifies as a
 1472  first-time applicant.
 1473         Section 34. Paragraph (c) of subsection (4) of section
 1474  627.351, Florida Statutes, is amended to read:
 1475         627.351 Insurance risk apportionment plans.—
 1476         (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.—
 1477         (c) The Joint Underwriting Association shall operate
 1478  subject to the supervision and approval of a board of governors
 1479  consisting of representatives of five of the insurers
 1480  participating in the Joint Underwriting Association, an attorney
 1481  named by The Florida Bar, a physician named by the Florida
 1482  Medical Association, a dentist named by the Florida Dental
 1483  Association, and a hospital representative named by the Florida
 1484  Hospital Association. The Chief Financial Officer shall select
 1485  the representatives of the five insurers or other persons with
 1486  experience in medical malpractice insurance as determined by the
 1487  Chief Financial Officer. One insurer representative shall be
 1488  selected from recommendations of the American Insurance
 1489  Association. One insurer representative shall be selected from
 1490  recommendations of the Property Casualty Insurers Association of
 1491  America. One insurer representative shall be selected from
 1492  recommendations of the Florida Insurance Council. Two insurer
 1493  representatives shall be selected to represent insurers that are
 1494  not affiliated with these associations. Vacancies on the board
 1495  shall be filled for the remaining period of the term in the same
 1496  manner as the initial appointments. During the first meeting of
 1497  the board after June 30 of each year, the board shall choose one
 1498  of its members to serve as chair of the board and another member
 1499  to serve as vice chair of the board. There is no liability on
 1500  the part of, and no cause of action shall arise against, any
 1501  member insurer, self-insurer, or its agents or employees, the
 1502  Joint Underwriting Association or its agents or employees,
 1503  members of the board of governors, or the office or its
 1504  representatives for any action taken by them in the performance
 1505  of their powers and duties under this subsection.
 1506         1.The Chief Financial Officer may remove a board member
 1507  from office for misconduct, malfeasance, misfeasance, or neglect
 1508  of duty. Any vacancy so created shall be filled as provided in
 1509  this paragraph.
 1510         2.Board members are subject to the code of ethics under
 1511  part III of chapter 112, including, but not limited to, the code
 1512  of ethics and public disclosure and reporting of financial
 1513  interests, pursuant to s. 112.3145. For purposes of applying
 1514  part III of chapter 112 to activities of members of the board of
 1515  governors, those persons are considered public officers and the
 1516  Joint Underwriting Association is considered their agency.
 1517  Notwithstanding s. 112.3143(2), a board member may not vote on
 1518  any measure that he or she knows would inure to his or her
 1519  special private gain or loss; that he or she knows would inure
 1520  to the special private gain or loss of any principal by which he
 1521  or she is retained, other than an agency as defined in s.
 1522  112.312; or that he or she knows would inure to the special
 1523  private gain or loss of a relative or business associate of the
 1524  public officer. Before the vote is taken, such board member
 1525  shall publicly state to the board the nature of his or her
 1526  interest in the matter from which he or she is abstaining from
 1527  voting and, within 15 days after the vote occurs, disclose the
 1528  nature of his or her interest as a public record in a memorandum
 1529  filed with the person responsible for recording the minutes of
 1530  the meeting, who shall incorporate the memorandum in the
 1531  minutes.
 1532         3.Notwithstanding s. 112.3148, s. 112.3149, or any other
 1533  law, a board member may not knowingly accept, directly or
 1534  indirectly, any gift or expenditure from a person or entity, or
 1535  an employee or representative of such person or entity, which
 1536  has a contractual relationship with the Joint Underwriting
 1537  Association or which is under consideration for a contract.
 1538         4.A board member who fails to comply with subparagraph 2.
 1539  or subparagraph 3. is subject to the penalties provided under
 1540  ss. 112.317 and 112.3173.
 1541         Section 35. Section 627.4215, Florida Statutes, is amended
 1542  to read:
 1543         627.4215 Disclosures to policyholders; coverage of
 1544  behavioral health care services.—
 1545         (1) A health insurer that offers behavioral health
 1546  insurance coverages required by federal or state law shall make
 1547  all of the following information available on its website:
 1548         (a) The federal and state requirements for coverage of
 1549  behavioral health care services.
 1550         (b) Contact information for the Division of Consumer
 1551  Services of the department, including a hyperlink, for consumers
 1552  to submit inquiries or complaints relating to health insurer
 1553  products or services regulated by the department or the office.
 1554         (2) On an annual basis, a health insurer that offers
 1555  behavioral health insurance coverage required by federal or
 1556  state law shall provide a direct notice to insureds with
 1557  behavioral health insurance coverages required by federal or
 1558  state law which must include a description of the federal and
 1559  state requirements for coverage of behavioral health care
 1560  services. Such notice must also include the website address and
 1561  statewide toll-free telephone number of the Division of Consumer
 1562  Services of the department for receiving and logging complaints.
 1563         Section 36. Subsection (5) is added to section 627.70132,
 1564  Florida Statutes, to read:
 1565         627.70132 Notice of property insurance claim.—
 1566         (5) This section does not apply to loss assessment claims
 1567  made under s. 627.714.
 1568         Section 37. Subsections (2) and (3) of section 627.7015,
 1569  Florida Statutes, are amended to read:
 1570         627.7015 Alternative procedure for resolution of disputed
 1571  property insurance claims.—
 1572         (2) At the time of issuance and renewal of a policy or at
 1573  the time a first-party claim within the scope of this section is
 1574  filed by the policyholder, the insurer shall notify the
 1575  policyholder of its right to participate in the mediation
 1576  program under this section. A claim is not eligible for
 1577  mediation until an insurer has made a claim determination or
 1578  elected to repair pursuant to s. 627.70131. The department shall
 1579  prepare a consumer information pamphlet for distribution to
 1580  persons participating in mediation.
 1581         (3) The costs of mediation must be reasonable, and the
 1582  insurer must bear all of the cost of conducting mediation
 1583  conferences, except as otherwise provided in this section. If a
 1584  policyholder fails to appear at the conference, the conference
 1585  must be rescheduled upon the policyholder’s payment of the costs
 1586  of a rescheduled conference. If the insurer fails to appear at
 1587  the conference, the insurer must pay the policyholder’s actual
 1588  cash expenses incurred in attending the conference if the
 1589  insurer’s failure to attend was not due to a good cause
 1590  acceptable to the department. An insurer will be deemed to have
 1591  failed to appear if the insurer’s representative lacks authority
 1592  to settle the full value of the claim. The insurer shall incur
 1593  an additional fee for a rescheduled conference necessitated by
 1594  the insurer’s failure to appear at a scheduled conference. The
 1595  fees assessed by the department administrator must include a
 1596  charge necessary to defray the expenses of the department
 1597  related to its duties under this section and must be deposited
 1598  in the Insurance Regulatory Trust Fund. The department may
 1599  suspend the insurer’s authority to appoint licensees if the
 1600  insurer does not timely pay the required fees.
 1601         Section 38. Subsection (18) is added to section 627.7074,
 1602  Florida Statutes, to read:
 1603         627.7074 Alternative procedure for resolution of disputed
 1604  sinkhole insurance claims.—
 1605         (18) The department may designate, by means of a written
 1606  contract or agreement, an entity or a person to serve as
 1607  administrator to carry out any of the provisions of this
 1608  section.
 1609         Section 39. Subsection (1) of section 627.714, Florida
 1610  Statutes, is amended to read:
 1611         627.714 Residential condominium unit owner coverage; loss
 1612  assessment coverage required.—
 1613         (1) For policies issued or renewed on or after July 1,
 1614  2010, coverage under a unit owner’s residential property policy
 1615  must include at least $2,000 in property loss assessment
 1616  coverage for all assessments made as a result of the same direct
 1617  loss to the property, regardless of the number of assessments,
 1618  owned by all members of the association collectively if such
 1619  loss is of the type of loss covered by the unit owner’s
 1620  residential property insurance policy, to which a deductible of
 1621  no more than $250 per direct property loss applies. If a
 1622  deductible was or will be applied to other property loss
 1623  sustained by the unit owner resulting from the same direct loss
 1624  to the property, no deductible applies to the loss assessment
 1625  coverage. For policies issued after January 1, 2024, a loss
 1626  assessment claim is deemed to have occurred on the date of the
 1627  notice of loss assessment sent by a unit owner’s condominium
 1628  association.
 1629         Section 40. Section 627.745, Florida Statutes, is amended
 1630  to read:
 1631         627.745 Mediation of claims.—
 1632         (1)(a) In any claim filed with an insurer for personal
 1633  injury in an amount of $10,000 or less or any claim for property
 1634  damage in any amount, arising out of the ownership, operation,
 1635  use, or maintenance of a motor vehicle, either party may demand
 1636  mediation of the claim prior to the institution of litigation.
 1637         (b)The costs of mediation must be reasonable, and the
 1638  insurer must bear all of the cost of conducting mediation
 1639  conferences, except as otherwise provided in this section. If a
 1640  policyholder fails to appear at the conference, the conference
 1641  must be rescheduled upon the policyholder’s payment of the costs
 1642  of a rescheduled conference. If the insurer fails to appear at
 1643  the conference, the insurer must pay the policyholder’s actual
 1644  cash expenses incurred in attending the conference if the
 1645  insurer’s failure to attend was not due to a good cause
 1646  acceptable to the department. An insurer is deemed to have
 1647  failed to appear if the insurer’s representative lacks authority
 1648  to settle the full value of the claim. The insurer shall incur
 1649  an additional fee, paid to the mediator, for a rescheduled
 1650  conference necessitated by the insurer’s failure to appear at a
 1651  scheduled conference. The fees assessed by the department or
 1652  administrator must include a charge necessary to defray the
 1653  expenses of the department related to its duties under this
 1654  section and must be deposited in the Insurance Regulatory Trust
 1655  Fund. The department or administrator may request that the
 1656  department suspend the insurer’s authority to appoint licensees
 1657  if the insurer does not timely pay the per-mediation-event
 1658  administrative fee.
 1659         (b)A request for mediation shall be filed with the
 1660  department on a form approved by the department. The request for
 1661  mediation shall state the reason for the request for mediation
 1662  and the issues in dispute which are to be mediated. The filing
 1663  of a request for mediation tolls the applicable time
 1664  requirements for filing suit for a period of 60 days following
 1665  the conclusion of the mediation process or the time prescribed
 1666  in s. 95.11, whichever is later.
 1667         (c) The insurance policy must specify in detail the terms
 1668  and conditions for mediation of a first-party claim.
 1669         (d)The mediation shall be conducted as an informal process
 1670  in which formal rules of evidence and procedure need not be
 1671  observed. Any party participating in a mediation must have the
 1672  authority to make a binding decision. All parties must mediate
 1673  in good faith.
 1674         (e)The department shall randomly select mediators. Each
 1675  party may once reject the mediator selected, either originally
 1676  or after the opposing side has exercised its option to reject a
 1677  mediator.
 1678         (f)Costs of mediation shall be borne equally by both
 1679  parties unless the mediator determines that one party has not
 1680  mediated in good faith.
 1681         (g) Only one mediation may be requested for each claim,
 1682  unless all parties agree to further mediation.
 1683         (2)Upon receipt of a request for mediation, the department
 1684  shall refer the request to a mediator. The mediator shall notify
 1685  the applicant and all interested parties, as identified by the
 1686  applicant, and any other parties the mediator believes may have
 1687  an interest in the mediation, of the date, time, and place of
 1688  the mediation conference. The conference may be held by
 1689  telephone, if feasible. The mediation conference shall be held
 1690  within 45 days after the request for mediation.
 1691         (2)(a)(3)(a) The department shall approve mediators to
 1692  conduct mediations pursuant to this section. All mediators must
 1693  file an application under oath for approval as a mediator.
 1694         (b) To qualify for approval as a mediator, an individual
 1695  must meet one of the following qualifications:
 1696         1. Possess an active certification as a Florida Supreme
 1697  Court certified circuit court mediator. A Florida Supreme Court
 1698  certified circuit court mediator in a lapsed, suspended,
 1699  sanctioned, or decertified status is not eligible to participate
 1700  in the mediation program.
 1701         2. Be an approved department mediator as of July 1, 2014,
 1702  and have conducted at least one mediation on behalf of the
 1703  department within 4 years immediately preceding that date.
 1704         (3)(4) The department shall deny an application, or suspend
 1705  or revoke its approval, of a mediator to serve in such capacity
 1706  if the department finds that one or more of the following
 1707  grounds exist:
 1708         (a) Lack of one or more of the qualifications specified in
 1709  this section for approval.
 1710         (b) Material misstatement, misrepresentation, or fraud in
 1711  obtaining or attempting to obtain the approval.
 1712         (c) Demonstrated lack of fitness or trustworthiness to act
 1713  as a mediator.
 1714         (d) Fraudulent or dishonest practices in the conduct of
 1715  mediation or in the conduct of business in the financial
 1716  services industry.
 1717         (e) Violation of any provision of this code or of a lawful
 1718  order or rule of the department, violation of the Florida Rules
 1719  for Certified and Court-Appointed Mediators, or aiding,
 1720  instructing, or encouraging another party in committing such a
 1721  violation.
 1722  
 1723  The department may adopt rules to administer this subsection.
 1724         (4)The department shall adopt by rule a motor vehicle
 1725  claims insurance mediation program to be administered by the
 1726  department or its designee. The department may also adopt
 1727  special rules that are applicable in cases of an emergency
 1728  within the state. The rules shall be modeled after practices and
 1729  procedures set forth in mediation rules of procedure adopted by
 1730  the Supreme Court. The rules must include:
 1731         (a)Reasonable requirements for processing and scheduling
 1732  of requests for mediation.
 1733         (b)Provisions governing who may attend mediation
 1734  conferences.
 1735         (c)Selection of mediators.
 1736         (d)Criteria for the conduct of mediation conferences.
 1737         (e)Right to legal counsel.
 1738         (5)The department must adopt rules of procedure for claims
 1739  mediation, taking into consideration a system which:
 1740         (a)Is fair.
 1741         (b)Promotes settlement.
 1742         (c)Avoids delay.
 1743         (d)Is nonadversarial.
 1744         (e)Uses a framework for modern mediating technique.
 1745         (f) Controls of costs and expenses of mediation.
 1746         (5)The department may designate an entity or person to
 1747  serve as an administrator to carry out any of the provisions of
 1748  this section and may take this action by means of a written
 1749  contract or agreement.
 1750         (6) Disclosures and information divulged in the mediation
 1751  process are not admissible in any subsequent action or
 1752  proceeding relating to the claim or to the cause of action
 1753  giving rise to the claim. A person demanding mediation under
 1754  this section may not demand or request mediation after a suit is
 1755  filed relating to the same facts already mediated.
 1756         Section 41. Present subsections (7) through (12) of section
 1757  631.141, Florida Statutes, are redesignated as subsections (8)
 1758  through (13), respectively, and a new subsection (7) is added to
 1759  that section, to read:
 1760         631.141 Conduct of delinquency proceeding; domestic and
 1761  alien insurers.—
 1762         (7)In order to preserve as much as possible the right and
 1763  interest of the policyholders whose insurance policies or
 1764  similar contracts are affected by the receivership proceedings,
 1765  the department as a domiciliary receiver may:
 1766         (a)Use the property of the estate of the insurer to
 1767  transfer the insurer’s book of business, policies, or similar
 1768  contracts of coverage, in whole or in part, to a solvent
 1769  assuming insurer or insurers.
 1770         (b)Notwithstanding s. 631.195, share records of the
 1771  insurer with the prospective solvent assuming insurer or
 1772  insurers, but only to the extent necessary to undertake due
 1773  diligence for a transfer contemplated under this section.
 1774         Section 42. Subsections (1) and (3) of section 631.252,
 1775  Florida Statutes, are amended to read:
 1776         631.252 Continuation of coverage.—
 1777         (1) Unless another insurer, with approval of the
 1778  receivership court, assumes or otherwise provides coverage for
 1779  the policies of the insolvent insurer, all insurance policies or
 1780  similar contracts of coverage, other than coverages defined in
 1781  s. 631.713 or health maintenance organization coverage under
 1782  part IV, issued by the insurer shall be canceled upon the
 1783  earlier earliest to occur of the following:
 1784         (a) The date of entry of the liquidation or, if the court
 1785  so provides in its order, the expiration of 30 days from the
 1786  date of entry of the liquidation order;
 1787         (b) The normal expiration of the policy or contract
 1788  coverage;
 1789         (c) The replacement of the coverage by the insured, or the
 1790  replacement of the policy or contract of coverage, with a policy
 1791  or contract acceptable to the insured by the receiver with
 1792  another insurer; or
 1793         (d)The date proposed by the receiver and approved by the
 1794  receivership court to cancel coverage; or
 1795         (e)(d) The termination of the coverage by the insured.
 1796         (3) The 30-day coverage continuation period provided in
 1797  paragraph (1)(a) and s. 631.57(1)(a)1. may not be extended
 1798  unless the Chief Financial Officer office determines, based on a
 1799  reasonable belief, that market conditions are such that policies
 1800  of residential property insurance coverage cannot be placed with
 1801  an authorized insurer within 30 days and that an additional 15
 1802  days is needed to place such coverage.; and Failure of actual
 1803  notice to the policyholder of the insolvency of the insurer, of
 1804  commencement of a delinquency proceeding, or of expiration of
 1805  the extension period does not affect such expiration.
 1806         Section 43. Subsection (1) of section 631.56, Florida
 1807  Statutes, is amended, and subsections (5) through (8) are added
 1808  to that section, to read:
 1809         631.56 Board of directors.—
 1810         (1) The board of directors of the association shall consist
 1811  of not less than five or more than nine persons serving terms as
 1812  established in the plan of operation. Three members of the board
 1813  must be representatives from domestic insurers and appointed by
 1814  the Chief Financial Officer. The department shall approve and
 1815  appoint to the board persons recommended by the member insurers
 1816  or other persons with experience in property and casualty
 1817  insurance or motor vehicle insurance as determined by the Chief
 1818  Financial Officer. In the event the department finds that any
 1819  recommended person does not meet the qualifications for service
 1820  on the board, the department shall request the member insurers
 1821  to recommend another person. Each member shall serve for a 4
 1822  year term and may be reappointed. Vacancies on the board shall
 1823  be filled for the remaining period of the term in the same
 1824  manner as initial appointments.
 1825         (5)The Chief Financial Officer may remove a board member
 1826  from office for misconduct, malfeasance, misfeasance, or neglect
 1827  of duty. Any vacancy so created shall be filled as provided in
 1828  subsection (1).
 1829         (6)Board members are subject to the code of ethics under
 1830  part III of chapter 112, including, but not limited to, the code
 1831  of ethics and public disclosure and reporting of financial
 1832  interests, pursuant to s. 112.3145. For purposes of applying
 1833  part III of chapter 112 to activities of members of the board of
 1834  directors, those persons are considered public officers and the
 1835  association is considered their agency. Notwithstanding s.
 1836  112.3143(2), a board member may not vote on any measure that he
 1837  or she knows would inure to his or her special private gain or
 1838  loss; that he or she knows would inure to the special private
 1839  gain or loss of any principal by which he or she is retained,
 1840  other than an agency as defined in s. 112.312; or that he or she
 1841  knows would inure to the special private gain or loss of a
 1842  relative or business associate of the public officer. Before the
 1843  vote is taken, such member shall publicly state to the board the
 1844  nature of his or her interest in the matter from which he or she
 1845  is abstaining from voting and, within 15 days after the vote
 1846  occurs, disclose the nature of his or her interest as a public
 1847  record in a memorandum filed with the person responsible for
 1848  recording the minutes of the meeting, who shall incorporate the
 1849  memorandum in the minutes.
 1850         (7)Notwithstanding s. 112.3148, s. 112.3149, or any other
 1851  law, a board member may not knowingly accept, directly or
 1852  indirectly, any gift or expenditure from a person or entity, or
 1853  an employee or representative of such person or entity, which
 1854  has a contractual relationship with the association or which is
 1855  under consideration for a contract.
 1856         (8)A board member who fails to comply with subsection (6)
 1857  or subsection (7) is subject to the penalties provided under ss.
 1858  112.317 and 112.3173.
 1859         Section 44. Paragraph (a) of subsection (1) of section
 1860  631.716, Florida Statutes, is amended, and subsections (4)
 1861  through (7) are added to that section, to read:
 1862         631.716 Board of directors.—
 1863         (1)(a) The board of directors of the association shall have
 1864  at least 9, but no more than 11, members. The members shall
 1865  consist be comprised of member insurers serving terms as
 1866  established in the plan of operation and 1 Florida Health
 1867  Maintenance Organization Consumer Assistance Plan director
 1868  confirmed pursuant to paragraph (b), or other persons with
 1869  experience in life and annuity or accident and health insurance
 1870  as determined by the Chief Financial Officer. At all times, at
 1871  least 1 member of the board member must be a domestic insurer as
 1872  defined in s. 624.06(1). The members of the board members who
 1873  are member insurers shall be elected by member insurers, subject
 1874  to the approval of the department. Each board member shall serve
 1875  for a 4-year term and may be reappointed.
 1876         (4)The Chief Financial Officer may remove a board member
 1877  from office for misconduct, malfeasance, misfeasance, or neglect
 1878  of duty. Any vacancy so created shall be filled as provided in
 1879  subsection (1).
 1880         (5)Board members are subject to the code of ethics under
 1881  part III of chapter 112, including, but not limited to, the code
 1882  of ethics and public disclosure and reporting of financial
 1883  interests, pursuant to s. 112.3145. For purposes of applying
 1884  part III of chapter 112 to activities of members of the board of
 1885  directors, those persons are considered public officers and the
 1886  association is considered their agency. Notwithstanding s.
 1887  112.3143(2), a board member may not vote on any measure that he
 1888  or she knows would inure to his or her special private gain or
 1889  loss; that he or she knows would inure to the special private
 1890  gain or loss of any principal by which he or she is retained,
 1891  other than an agency as defined in s. 112.312; or that he or she
 1892  knows would inure to the special private gain or loss of a
 1893  relative or business associate of the public officer. Before the
 1894  vote is taken, such member shall publicly state to the board the
 1895  nature of his or her interest in the matter from which he or she
 1896  is abstaining from voting and, within 15 days after the vote
 1897  occurs, disclose the nature of his or her interest as a public
 1898  record in a memorandum filed with the person responsible for
 1899  recording the minutes of the meeting, who shall incorporate the
 1900  memorandum in the minutes.
 1901         (6)Notwithstanding s. 112.3148, s. 112.3149, or any other
 1902  law, a board member may not knowingly accept, directly or
 1903  indirectly, any gift or expenditure from a person or entity, or
 1904  an employee or representative of such person or entity, which
 1905  has a contractual relationship with the association or which is
 1906  under consideration for a contract.
 1907         (7)A board member who fails to comply with subsection (5)
 1908  or subsection (6) is subject to the penalties provided under ss.
 1909  112.317 and 112.3173.
 1910         Section 45. Subsection (1) of section 631.816, Florida
 1911  Statutes, is amended, and subsections (8) through (11) are added
 1912  to that section, to read:
 1913         631.816 Board of directors.—
 1914         (1) The board of directors of the plan shall consist of not
 1915  less than five or more than nine persons serving terms as
 1916  established in the plan of operation. The department shall
 1917  approve and appoint to the board persons recommended by the
 1918  member HMOs or other persons with experience in health insurance
 1919  as determined by the Chief Financial Officer. In the event the
 1920  department finds that any recommended person does not meet the
 1921  qualifications for service on the board, the department shall
 1922  request the member HMOs to recommend another person. Each member
 1923  shall serve for a 4-year term and may be reappointed, except
 1924  that terms may be staggered as defined in the plan of operation.
 1925  Vacancies on the board shall be filled for the remaining period
 1926  of the term in the same manner as initial appointments. In
 1927  determining voting rights, each HMO is entitled to vote on the
 1928  basis of cumulative weighted voting based on the net written
 1929  premium for non-Medicare and non-Medicaid policies.
 1930         (8)The Chief Financial Officer may remove a board member
 1931  from office for misconduct, malfeasance, misfeasance, or neglect
 1932  of duty. Any vacancy so created shall be filled as provided in
 1933  subsection (1).
 1934         (9)Board members are subject to the code of ethics under
 1935  part III of chapter 112, including, but not limited to, the code
 1936  of ethics and public disclosure and reporting of financial
 1937  interests, pursuant to s. 112.3145. For purposes of applying
 1938  part III of chapter 112 to activities of members of the board of
 1939  directors, those persons are considered public officers and the
 1940  plan is considered their agency. Notwithstanding s. 112.3143(2),
 1941  a board member may not vote on any measure that he or she knows
 1942  would inure to his or her special private gain or loss; that he
 1943  or she knows would inure to the special private gain or loss of
 1944  any principal by which he or she is retained, other than an
 1945  agency as defined in s. 112.312; or that he or she knows would
 1946  inure to the special private gain or loss of a relative or
 1947  business associate of the public officer. Before the vote is
 1948  taken, such member shall publicly state to the board the nature
 1949  of his or her interest in the matter from which he or she is
 1950  abstaining from voting and, within 15 days after the vote
 1951  occurs, disclose the nature of his or her interest as a public
 1952  record in a memorandum filed with the person responsible for
 1953  recording the minutes of the meeting, who shall incorporate the
 1954  memorandum in the minutes.
 1955         (10)Notwithstanding s. 112.3148, s. 112.3149, or any other
 1956  law, a board member may not knowingly accept, directly or
 1957  indirectly, any gift or expenditure from a person or entity, or
 1958  an employee or representative of such person or entity, which
 1959  has a contractual relationship with the plan or which is under
 1960  consideration for a contract.
 1961         (11)A board member who fails to comply with subsection (9)
 1962  or subsection (10) is subject to the penalties provided under
 1963  ss. 112.317 and 112.3173.
 1964         Section 46. Subsection (1) of section 631.912, Florida
 1965  Statutes, is amended, and subsections (4), (5), and (6) are
 1966  added to that section, to read:
 1967         631.912 Board of directors.—
 1968         (1) The board of directors of the corporation shall consist
 1969  of 11 persons, 1 of whom is the insurance consumer advocate
 1970  appointed under s. 627.0613 or designee and 1 of whom is
 1971  designated by the Chief Financial Officer. The department shall
 1972  appoint to the board 6 persons selected by private carriers from
 1973  among the 20 workers’ compensation insurers with the largest
 1974  amount of direct written premium as determined by the
 1975  department, and 2 persons selected by the self-insurance funds
 1976  or other persons with experience in workers’ compensation
 1977  insurance as determined by the Chief Financial Officer. The
 1978  Governor shall appoint one person who has commercial insurance
 1979  experience. At least two of the private carriers shall be
 1980  foreign carriers authorized to do business in this state. The
 1981  board shall elect a chairperson from among its members. The
 1982  Chief Financial Officer may remove any board member for cause.
 1983  Each board member shall be appointed to serve a 4-year term and
 1984  may be reappointed. A vacancy on the board shall be filled for
 1985  the remaining period of the term in the same manner by which the
 1986  original appointment was made.
 1987         (4)Board members are subject to the code of ethics under
 1988  part III of chapter 112, including, but not limited to, the code
 1989  of ethics and public disclosure and reporting of financial
 1990  interests, pursuant to s. 112.3145. For purposes of applying
 1991  part III of chapter 112 to activities of members of the board of
 1992  directors, those persons are considered public officers and the
 1993  corporation is considered their agency. Notwithstanding s.
 1994  112.3143(2), a board member may not vote on any measure that he
 1995  or she knows would inure to his or her special private gain or
 1996  loss; that he or she knows would inure to the special private
 1997  gain or loss of any principal by which he or she is retained,
 1998  other than an agency as defined in s. 112.312; or that he or she
 1999  knows would inure to the special private gain or loss of a
 2000  relative or business associate of the public officer. Before the
 2001  vote is taken, such member shall publicly state to the board the
 2002  nature of his or her interest in the matter from which he or she
 2003  is abstaining from voting and, within 15 days after the vote
 2004  occurs, disclose the nature of his or her interest as a public
 2005  record in a memorandum filed with the person responsible for
 2006  recording the minutes of the meeting, who shall incorporate the
 2007  memorandum in the minutes.
 2008         (5)Notwithstanding s. 112.3148, s. 112.3149, or any other
 2009  law, a board member may not knowingly accept, directly or
 2010  indirectly, any gift or expenditure from a person or entity, or
 2011  an employee or representative of such person or entity, which
 2012  has a contractual relationship with the corporation or which is
 2013  under consideration for a contract.
 2014         (6)A board member who fails to comply with subsection (4)
 2015  or subsection (5) is subject to the penalties provided under ss.
 2016  112.317 and 112.3173.
 2017         Section 47. Section 633.1423, Florida Statutes, is created
 2018  to read:
 2019         633.1423State Fire Marshal direct-support organization.—
 2020         (1)DEFINITION.—As used in this section, the term
 2021  “organization” means the direct-support organization established
 2022  under this section.
 2023         (2)ORGANIZATION ESTABLISHED.—The division may establish a
 2024  direct-support organization, to be known as the “State Fire
 2025  Marshal Safety and Training Force,” whose sole purpose is to
 2026  support the safety and training of firefighters and to recognize
 2027  exemplary service. The organization must:
 2028         (a)Be a not-for-profit corporation incorporated under
 2029  chapter 617 and approved by the Department of State.
 2030         (b)Be organized and operated to raise funds; request and
 2031  receive grants, gifts, and bequests of money; conduct programs
 2032  and activities; acquire, receive, hold, invest, and administer,
 2033  in its own name, securities, funds, or property; and make grants
 2034  and expenditures to or for the direct or indirect benefit of the
 2035  division. Grants and expenditures may include the cost of
 2036  education or training of firefighters, or the recognition of
 2037  exemplary service of firefighters.
 2038         (c)Be determined by the division to operate in a manner
 2039  that is:
 2040         1.Consistent with the goals of the division and laws
 2041  relating to the safety and training of firefighters.
 2042         2.In the best interest of the state.
 2043         3.In accordance with the adopted goals and mission of the
 2044  division.
 2045         (d)Use all of its grants and expenditures solely for the
 2046  purpose of educating, training, and recognizing firefighters,
 2047  and not for advertising using the likeness or name of any
 2048  elected official nor for the purpose of lobbying as defined in
 2049  s. 11.045(1).
 2050         (e)Be subject to an annual financial audit in accordance
 2051  with s. 215.981.
 2052         (3)CONTRACT.—The organization shall operate under written
 2053  contract with the division. The contract must provide for:
 2054         (a)Certification by the division that the organization is
 2055  complying with the terms of the contract and in a manner
 2056  consistent with the goals and purposes of the department and in
 2057  the best interest of the state. Such certification must be made
 2058  annually and reported in the official minutes of a meeting of
 2059  the organization.
 2060         (b)The reversion of moneys and property held by the
 2061  organization for firefighter safety, training, and recognition
 2062  to the division if the organization is no longer approved to
 2063  operate by the division or if the organization ceases to exist,
 2064  or to the state if the division ceases to exist.
 2065         (4)BOARD OF DIRECTORS.—The organization shall be governed
 2066  by a board of directors. The State Fire Marshal, or his or her
 2067  designee, shall appoint a president of the board. The board of
 2068  directors shall be appointed by the president of the board.
 2069         (5)USE OF PROPERTY.—The division may authorize, without
 2070  charge, appropriate use of fixed property and facilities of the
 2071  division by the organization, subject to this subsection.
 2072         (a)The department may prescribe any condition with which
 2073  the organization must comply in order to use the division’s
 2074  property or facilities.
 2075         (b)The department may not authorize the use of the
 2076  division’s property or facilities if the organization does not
 2077  provide equal membership and employment opportunities to all
 2078  persons regardless of race, religion, sex, age, or national
 2079  origin.
 2080         (c)The department shall adopt rules prescribing the
 2081  procedures by which the organization is governed and any
 2082  conditions with which the organization must comply to use the
 2083  division’s property or facilities.
 2084         (6)DEPOSITORY ACCOUNT.—Any moneys received by the
 2085  organization may be held in a separate depository account in the
 2086  name of the organization and subject to the contract with the
 2087  division.
 2088         (7)ANNUAL BUDGETS AND REPORTS.—The organization shall
 2089  submit to the division its annual budget and financial reports,
 2090  its federal Internal Revenue Service Application for Recognition
 2091  of Exemption Form 1023, and its federal Internal Revenue Service
 2092  Return of Organization Exempt from Income Tax Form 990.
 2093         (8)ANNUAL AUDIT.—The organization shall provide for an
 2094  annual financial audit in accordance with s. 215.981.
 2095         (9)DIVISION’S RECEIPT OF PROCEEDS.—Proceeds received by
 2096  the division from the organization shall be deposited into the
 2097  Insurance Regulatory Trust Fund.
 2098         (10)REPEAL.—This section is repealed October 1, 2028,
 2099  unless reviewed and saved from repeal by the Legislature.
 2100         Section 48. Section 634.181, Florida Statutes, is amended
 2101  to read:
 2102         634.181 Grounds for compulsory refusal, suspension, or
 2103  revocation of license or appointment of salespersons.—
 2104         (1) The department shall deny, suspend, revoke, or refuse
 2105  to renew or continue the license or appointment of any such
 2106  salesperson if it finds that as to the salesperson any one or
 2107  more of the following applicable grounds exist:
 2108         (a)(1) Material misstatement, misrepresentation, or fraud
 2109  in obtaining or attempting to obtain the license or appointment.
 2110         (b)(2) If the license or appointment is willfully used, or
 2111  to be used, to circumvent any of the requirements or
 2112  prohibitions of this part, any applicable provision of the
 2113  Florida Insurance Code, or rule of the department or commission.
 2114         (c)(3) Willful misrepresentation of any service agreement
 2115  or willful deception with regard to any agreement, done either
 2116  in person or by any form of dissemination of information or
 2117  advertising.
 2118         (d)(4) If in the adjustment of claims arising out of
 2119  service agreements, she or he has materially misrepresented to a
 2120  service agreement holder or other interested party the terms and
 2121  coverage of a service agreement with intent and for the purpose
 2122  of effecting settlement of the claim on less favorable terms
 2123  than those provided in and contemplated by the service
 2124  agreement.
 2125         (e)(5) For demonstrated lack of fitness or trustworthiness
 2126  to engage in the service agreement business.
 2127         (f)(6) For demonstrated lack of adequate knowledge and
 2128  technical competence to engage in the transactions authorized by
 2129  the license or appointment.
 2130         (g)(7) Fraudulent or dishonest practices in the conduct of
 2131  business under the license or appointment.
 2132         (h)(8) Misappropriation, conversion, or unlawful
 2133  withholding of moneys belonging to a service agreement company,
 2134  insurer, or service agreement holder or to others and received
 2135  in the conduct of business under the license or appointment.
 2136         (i)(9) For unlawfully rebating, or attempt thereat, or for
 2137  unlawfully dividing or offering to divide her or his commission
 2138  with another.
 2139         (j)(10) Willful failure to comply with, or willful
 2140  violation of any proper order of the department or office, or
 2141  willful violation of any provision of this part, or of any
 2142  applicable provision of the insurance code, or applicable rule
 2143  of the department or commission.
 2144         (k)(11) Having been found guilty of, or having pleaded
 2145  guilty or nolo contendere to, a felony or a crime punishable by
 2146  imprisonment of 1 year or more under the law of the United
 2147  States of America or any state thereof or under the law of any
 2148  other country which involves moral turpitude, without regard to
 2149  whether a judgment of conviction has been entered by the court
 2150  having jurisdiction of the cases.
 2151         (l)(12) Failure to refund unearned pro rata commission to
 2152  the agreement holder or the service agreement company, if the
 2153  service agreement company is making a full unearned pro rata
 2154  refund to the agreement holder.
 2155         (m)Having been the subject of, or having had a license,
 2156  permit, appointment, registration, or other authority to conduct
 2157  business subject to, any decision, finding, injunction,
 2158  suspension, prohibition, revocation, denial, judgment, final
 2159  agency action, or administrative order by any court of competent
 2160  jurisdiction, administrative law proceeding, state agency,
 2161  federal agency, national securities, commodities, or options
 2162  exchange, or national securities, commodities, or options
 2163  association involving a violation of any federal or state
 2164  securities or commodities law or any rule or regulation adopted
 2165  thereunder, or a violation of any rule or regulation of any
 2166  national securities, commodities, or options exchange or
 2167  national securities, commodities, or options association.
 2168         (2)When a licensee is charged with a felony enumerated in
 2169  s. 626.207(2), the department shall, immediately upon receipt of
 2170  information on or indictment for the felony, temporarily suspend
 2171  a license or appointment issued under this chapter. Such
 2172  suspension shall continue if the licensee is found guilty of, or
 2173  pleads guilty or nolo contendere to, the crime, regardless of
 2174  whether a judgment or conviction is entered, during a pending
 2175  appeal. A person may not transact insurance business after
 2176  suspension of his or her license or appointment.
 2177         (3)The department may adopt rules to administer this
 2178  section.
 2179         Section 49. Section 634.191, Florida Statutes, is amended
 2180  to read:
 2181         634.191 Grounds for discretionary refusal, suspension, or
 2182  revocation of license or appointment of salespersons.—
 2183         (1) The department may, in its discretion, deny, suspend,
 2184  revoke, or refuse to renew or continue the license or
 2185  appointment of any salesperson if it finds that as to the
 2186  salesperson any one or more of the following applicable grounds
 2187  exist under circumstances for which such denial, suspension,
 2188  revocation, or refusal is not mandatory under s. 634.181:
 2189         (a)(1) For any cause for which granting of the license or
 2190  appointment could have been refused had it then existed and been
 2191  known to the department.
 2192         (b)(2) Violation of any provision of this part or of any
 2193  other law applicable to the business of service agreements in
 2194  the course of dealings under the license or appointment.
 2195         (c)(3)Violation of Has violated any lawful order or rule
 2196  of the department or commission.
 2197         (d)(4) Failure or refusal, upon demand, to pay over to any
 2198  company or insurer the salesperson represents or has represented
 2199  any money coming into her or his hands belonging to the company
 2200  or insurer.
 2201         (e)(5) If, in the conduct of business under the license or
 2202  appointment, the salesperson has engaged in unfair methods of
 2203  competition or in unfair or deceptive acts or practices, as such
 2204  methods, acts, or practices are or may be defined under this
 2205  part, or has otherwise shown herself or himself to be a source
 2206  of injury or loss to the public or detrimental to the public
 2207  interest.
 2208         (f)(6)Failure to report to the department within 30 days
 2209  the final disposition of an administrative action taken against
 2210  a salesperson by a governmental agency or other regulatory
 2211  agency in this state or any other state or jurisdiction relating
 2212  to the business of insurance, the sale of securities, or an
 2213  activity involving fraud, dishonesty, trustworthiness, or breach
 2214  of a fiduciary duty. The salesperson must submit a copy of the
 2215  order, consent to order, or other relevant legal documents to
 2216  the department Having been found guilty of, or having pleaded
 2217  guilty or nolo contendere to, a felony or a crime punishable by
 2218  imprisonment of 1 year or more under the law of the United
 2219  States of America or any state thereof or under the law of any
 2220  other country, without regard to whether a judgment of
 2221  conviction has been entered by the court having jurisdiction of
 2222  the cases.
 2223         (2)The department may adopt rules to administer this
 2224  section.
 2225         Section 50. Section 634.320, Florida Statutes, is amended
 2226  to read:
 2227         634.320 Grounds for compulsory refusal, suspension, or
 2228  revocation of license or appointment of sales representatives.—
 2229         (1) The department shall deny, suspend, revoke, or refuse
 2230  to renew or continue the license or appointment of any sales
 2231  representative if it is found that any one or more of the
 2232  following grounds applicable to the sales representative exist:
 2233         (a)(1) Material misstatement, misrepresentation, or fraud
 2234  in obtaining or attempting to obtain a license or appointment.
 2235         (b)(2) The license or appointment is willfully used, or to
 2236  be used, to circumvent any of the requirements or prohibitions
 2237  of this part.
 2238         (c)(3) Willful misrepresentation of any warranty contract
 2239  or willful deception with regard to any such contract, done
 2240  either in person or by any form of dissemination of information
 2241  or advertising.
 2242         (d)(4) In the adjustment of claims arising out of
 2243  warranties, material misrepresentation to a warranty holder or
 2244  other interested party of the terms and coverage of a contract,
 2245  with the intent and for the purpose of effecting settlement of
 2246  such claim on less favorable terms than those provided in and
 2247  contemplated by the contract.
 2248         (e)(5) Demonstrated lack of fitness or trustworthiness to
 2249  engage in the business of home warranty.
 2250         (f)(6) Demonstrated lack of adequate knowledge and
 2251  technical competence to engage in the transactions authorized by
 2252  the license or appointment.
 2253         (g)(7) Fraudulent or dishonest practices in the conduct of
 2254  business under the license or appointment.
 2255         (h)(8) Misappropriation, conversion, or unlawful
 2256  withholding of moneys belonging to an association, insurer, or
 2257  warranty holder, or to others, and received in the conduct of
 2258  business under the license or appointment.
 2259         (i)(9) Unlawfully rebating, or attempting to unlawfully
 2260  rebate, or unlawfully dividing, or offering to divide, her or
 2261  his commission with another.
 2262         (j)(10) Willful failure to comply with, or willful
 2263  violation of, any proper order or rule of the department or
 2264  commission or willful violation of any provision of this part.
 2265         (k)(11) Being found guilty of or pleading guilty or nolo
 2266  contendere to a felony or a crime punishable by imprisonment of
 2267  1 year or more under the law of the United States of America or
 2268  any state thereof or under the law of any other country
 2269  involving moral turpitude, without regard to whether judgment of
 2270  conviction has been entered by the court.
 2271         (l)Having been the subject of, or having had a license,
 2272  permit, appointment, registration, or other authority to conduct
 2273  business subject to, any decision, finding, injunction,
 2274  suspension, prohibition, revocation, denial, judgment, final
 2275  agency action, or administrative order by any court of competent
 2276  jurisdiction, administrative law proceeding, state agency,
 2277  federal agency, national securities, commodities, or options
 2278  exchange, or national securities, commodities, or options
 2279  association involving a violation of any federal or state
 2280  securities or commodities law or any rule or regulation adopted
 2281  thereunder, or a violation of any rule or regulation of any
 2282  national securities, commodities, or options exchange or
 2283  national securities, commodities, or options association.
 2284         (2)When a licensee is charged with a felony enumerated in
 2285  s. 626.207(2), the department shall, immediately upon receipt of
 2286  information on or indictment for the felony, temporarily suspend
 2287  a license or appointment issued under this chapter. Such
 2288  suspension shall continue if the licensee is found guilty of, or
 2289  pleads guilty or nolo contendere to, the crime, regardless of
 2290  whether a judgment or conviction is entered, during a pending
 2291  appeal. A person may not transact insurance business after
 2292  suspension of his or her license or appointment.
 2293         (3)The department may adopt rules to administer this
 2294  section.
 2295         Section 51. Section 634.321, Florida Statutes, is amended
 2296  to read:
 2297         634.321 Grounds for discretionary refusal, suspension, or
 2298  revocation of license or appointment of sales representatives.—
 2299         (1) The department may, in its discretion, deny, suspend,
 2300  revoke, or refuse to renew or continue the license or
 2301  appointment of any sales representative if it is found that any
 2302  one or more of the following grounds applicable to the sales
 2303  representative exist under circumstances for which such denial,
 2304  suspension, revocation, or refusal is not mandatory under s.
 2305  634.320:
 2306         (a)(1) Any cause for which granting of the license or
 2307  appointment could have been refused had it then existed and been
 2308  known to the department.
 2309         (b)(2) Violation of any provision of this part, or of any
 2310  other law applicable to the business of warranties, in the
 2311  course of dealings under the license or appointment.
 2312         (c)(3) Violation of any lawful order or rule of the
 2313  department or commission.
 2314         (d)(4) Failure or refusal to pay over, upon demand, to any
 2315  home warranty association or insurer the sales representative
 2316  represents or has represented any money coming into her or his
 2317  hands which belongs to the association or insurer.
 2318         (e)(5) In the conduct of business under the license or
 2319  appointment, engaging in unfair methods of competition or in
 2320  unfair or deceptive acts or practices, as such methods, acts, or
 2321  practices are or may be defined under this part, or otherwise
 2322  showing herself or himself to be a source of injury or loss to
 2323  the public or detriment to the public interest.
 2324         (f)(6)Failure to report to the department within 30 days
 2325  the final disposition of an administrative action taken against
 2326  a sales representative by a governmental agency or other
 2327  regulatory agency in this state or any other state or
 2328  jurisdiction relating to the business of insurance, the sale of
 2329  securities, or an activity involving fraud, dishonesty,
 2330  trustworthiness, or breach of a fiduciary duty. The sales
 2331  representative must submit a copy of the order, consent to
 2332  order, or other relevant legal documents to the department Being
 2333  found guilty of or pleading guilty or nolo contendere to a
 2334  felony or a crime punishable by imprisonment of 1 year or more
 2335  under the law of the United States of America or any state
 2336  thereof or under the law of any other country, without regard to
 2337  whether a judgment of conviction has been entered by the court.
 2338         (2)The department may adopt rules to administer this
 2339  section.
 2340         Section 52. Section 634.419, Florida Statutes, is amended
 2341  to read:
 2342         634.419 License and appointment required.—No person or
 2343  entity shall solicit, negotiate, advertise, or effectuate
 2344  service warranty contracts in this state unless such person or
 2345  entity is licensed and appointed as a sales representative.
 2346  Sales representatives shall be responsible for the actions of
 2347  persons under their supervision. However, a service warranty
 2348  association licensed as such under this part shall not be
 2349  required to be licensed and appointed as a sales representative
 2350  to solicit, negotiate, advertise, or effectuate its products.
 2351  Sections 501.021-501.055 do not apply to persons or entities
 2352  licensed and appointed under this section, or their affiliates,
 2353  which solicit the sale of a service warranty or related service
 2354  or product in connection with a prearranged appointment at the
 2355  request of the consumer.
 2356         Section 53. Section 634.422, Florida Statutes, is amended
 2357  to read:
 2358         634.422 Grounds for compulsory refusal, suspension, or
 2359  revocation of license or appointment of sales representatives.—
 2360         (1) The department shall deny, suspend, revoke, or refuse
 2361  to renew or continue the license or appointment of any sales
 2362  representative if it is found that any one or more of the
 2363  following grounds applicable to the sales representative exist:
 2364         (a)(1) Material misstatement, misrepresentation, or fraud
 2365  in obtaining or attempting to obtain a license or appointment.
 2366         (b)(2) The license or appointment is willfully used, or to
 2367  be used, to circumvent any of the requirements or prohibitions
 2368  of this part.
 2369         (c)(3) Willful misrepresentation of any service warranty
 2370  contract or willful deception with regard to any such contract,
 2371  done either in person or by any form of dissemination of
 2372  information or advertising.
 2373         (d)(4) In the adjustment of claims arising out of
 2374  warranties, material misrepresentation to a service warranty
 2375  holder or other interested party of the terms and coverage of a
 2376  contract with the intent and for the purpose of effecting
 2377  settlement of the claim on less favorable terms than those
 2378  provided in and contemplated by the contract.
 2379         (e)(5) Demonstrated lack of fitness or trustworthiness to
 2380  engage in the business of service warranty.
 2381         (f)(6) Demonstrated lack of adequate knowledge and
 2382  technical competence to engage in the transactions authorized by
 2383  the license or appointment.
 2384         (g)(7) Fraudulent or dishonest practices in the conduct of
 2385  business under the license or appointment.
 2386         (h)(8) Misappropriation, conversion, or unlawful
 2387  withholding of moneys belonging to an association, insurer, or
 2388  warranty holder, or to others, and received in the conduct of
 2389  business under the license or appointment.
 2390         (i)(9) Unlawfully rebating, or attempting to unlawfully
 2391  rebate, or unlawfully dividing, or offering to divide, her or
 2392  his commission with another.
 2393         (j)(10) Willful failure to comply with, or willful
 2394  violation of, any proper order or rule of the department or
 2395  commission, or willful violation of any provision of this part.
 2396         (k)(11) Being found guilty of or pleading nolo contendere
 2397  to a felony or a crime punishable by imprisonment of 1 year or
 2398  more under the law of the United States of America or any state
 2399  thereof or under the law of any other country involving moral
 2400  turpitude, without regard to whether judgment of conviction has
 2401  been entered by the court having jurisdiction of the case.
 2402         (l)Having been the subject of, or having had a license,
 2403  permit, appointment, registration, or other authority to conduct
 2404  business subject to, any decision, finding, injunction,
 2405  suspension, prohibition, revocation, denial, judgment, final
 2406  agency action, or administrative order by any court of competent
 2407  jurisdiction, administrative law proceeding, state agency,
 2408  federal agency, national securities, commodities, or options
 2409  exchange, or national securities, commodities, or options
 2410  association involving a violation of any federal or state
 2411  securities or commodities law or any rule or regulation adopted
 2412  thereunder, or a violation of any rule or regulation of any
 2413  national securities, commodities, or options exchange or
 2414  national securities, commodities, or options association.
 2415         (2)When a licensee is charged with a felony enumerated in
 2416  s. 626.207(2), the department shall, immediately upon receipt of
 2417  information on or indictment for the felony, temporarily suspend
 2418  a license or appointment issued under this chapter. Such
 2419  suspension shall continue if the licensee is found guilty of, or
 2420  pleads guilty or nolo contendere to, the crime, regardless of
 2421  whether a judgment or conviction is entered, during a pending
 2422  appeal. A person may not transact insurance business after
 2423  suspension of his or her license or appointment.
 2424         (3)The department may adopt rules to administer this
 2425  section.
 2426         Section 54. Section 634.423, Florida Statutes, is amended
 2427  to read:
 2428         634.423 Grounds for discretionary refusal, suspension, or
 2429  revocation of license or appointment of sales representatives.—
 2430         (1) The department may deny, suspend, revoke, or refuse to
 2431  renew or continue the license or appointment of any sales
 2432  representative if it is found that any one or more of the
 2433  following grounds applicable to the sales representative exist
 2434  under circumstances for which such denial, suspension,
 2435  revocation, or refusal is not mandatory under s. 634.422:
 2436         (a)(1) Any cause for which granting of the license or
 2437  appointment could have been refused had it then existed and been
 2438  known to the department.
 2439         (b)(2) Violation of any provision of this part, or of any
 2440  other law applicable to the business of service warranties, in
 2441  the course of dealings under the license or appointment.
 2442         (c)(3) Violation of any lawful order or rule of the
 2443  department or commission.
 2444         (d)(4) Failure or refusal to pay over, upon demand, to any
 2445  service warranty association or insurer the sales representative
 2446  represents or has represented any money coming into her or his
 2447  hands which belongs to the association or insurer.
 2448         (e)(5) In the conduct of business under the license or
 2449  appointment, engaging in unfair methods of competition or in
 2450  unfair or deceptive acts or practices, as such methods, acts, or
 2451  practices are or may be defined under this part, or otherwise
 2452  showing herself or himself to be a source of injury or loss to
 2453  the public or detriment to the public interest.
 2454         (f)(6)Failure to report to the department within 30 days
 2455  the final disposition of an administrative action taken against
 2456  a sales representative by a governmental agency or other
 2457  regulatory agency in this state or any other state or
 2458  jurisdiction relating to the business of insurance, the sale of
 2459  securities, or an activity involving fraud, dishonesty,
 2460  trustworthiness, or breach of a fiduciary duty. The sales
 2461  representative must submit a copy of the order, consent to
 2462  order, or other relevant legal documents to the department Being
 2463  found guilty of or pleading guilty or nolo contendere to a
 2464  felony or a crime punishable by imprisonment of 1 year or more
 2465  under the law of the United States of America or any state
 2466  thereof or under the law of any other country, without regard to
 2467  whether judgment of conviction has been entered by the court
 2468  having jurisdiction of such case.
 2469         (2)The department may adopt rules to administer this
 2470  section.
 2471         Section 55. Section 648.25, Florida Statutes, is reordered
 2472  and amended to read:
 2473         648.25 Definitions.—As used in this chapter, the term:
 2474         (1)“Appointment” means the authority given by an insurer
 2475  or the managing general agent of an insurer through the
 2476  department to a licensee to transact insurance or adjust claims
 2477  on behalf of the insurer or managing general agent.
 2478         (2)(1) “Bail bond agency” means:
 2479         (a) The building where a licensee maintains an office and
 2480  where all records required by ss. 648.34 and 648.36 are
 2481  maintained; or
 2482         (b) An entity that:
 2483         1. Charges a fee or premium to release an accused defendant
 2484  or detainee from jail; or
 2485         2. Engages in or employs others to engage in any activity
 2486  that may be performed only by a licensed and appointed bail bond
 2487  agent.
 2488         (3)(2) “Bail bond agent” means a limited surety agent or a
 2489  professional bail bond agent as hereafter defined.
 2490         (7)(3) “Managing general agent” means any individual,
 2491  partnership, association, or corporation appointed or employed
 2492  by an insurer to supervise or manage the bail bond business
 2493  written in this state by limited surety agents appointed by the
 2494  insurer.
 2495         (5)(4) “Insurer” means any domestic, foreign, or alien
 2496  surety company which has been authorized to transact surety
 2497  business in this state.
 2498         (6)(5) “Limited surety agent” means any individual
 2499  appointed by an insurer by power of attorney to execute or
 2500  countersign bail bonds in connection with judicial proceedings
 2501  who receives or is promised money or other things of value
 2502  therefor.
 2503         (4)(6) “Primary Bail bond agent in charge” means a licensed
 2504  bail bond agent who is responsible for the overall operation and
 2505  management of a bail bond agency location and whose
 2506  responsibilities include hiring and supervising all individuals
 2507  within that location. A bail bond agent may be designated as the
 2508  primary bail bond agent in charge for only one bail bond agency
 2509  location.
 2510         (8)(7) “Professional bail bond agent” means any person who
 2511  pledges United States currency, United States postal money
 2512  orders, or cashier’s checks as security for a bail bond in
 2513  connection with a judicial proceeding and receives or is
 2514  promised therefor money or other things of value.
 2515         (9)(8) “Temporary bail bond agent” means a person licensed
 2516  before January 1, 2024, who is employed by a bail bond agent or
 2517  agency, insurer, or managing general agent, and such licensee
 2518  has the same authority as a licensed bail bond agent, including
 2519  presenting defendants in court; apprehending, arresting, and
 2520  surrendering defendants to the proper authorities, while
 2521  accompanied by a supervising bail bond agent or an agent from
 2522  the same agency; and keeping defendants under necessary
 2523  surveillance. However, a temporary licensee may not execute or
 2524  sign bonds, handle collateral receipts, or deliver bonds to
 2525  appropriate authorities. A temporary licensee may not operate an
 2526  agency or branch agency separate from the location of the
 2527  supervising bail bond agent, managing general agent, or insurer
 2528  by whom the licensee is employed. This does not affect the right
 2529  of a bail bond agent or insurer to hire counsel or to obtain the
 2530  assistance of law enforcement officers. A temporary bail bond
 2531  agent license expires 18 months after issuance and is no longer
 2532  valid on or after June 30, 2025.
 2533         Section 56. Subsection (3) of section 648.26, Florida
 2534  Statutes, is amended to read:
 2535         648.26 Department of Financial Services; administration.—
 2536         (3) The papers, documents, reports, or any other
 2537  investigatory records of the department are confidential and
 2538  exempt from the provisions of s. 119.07(1) until such
 2539  investigation is completed or ceases to be active. For the
 2540  purpose of this section, an investigation is considered active
 2541  “active” while the investigation is being conducted by the
 2542  department with a reasonable, good faith belief that it may lead
 2543  to the filing of administrative, civil, or criminal proceedings.
 2544  An investigation does not cease to be active if the department
 2545  is proceeding with reasonable dispatch and there is good faith
 2546  belief that action may be initiated by the department or other
 2547  administrative or law enforcement agency. This subsection does
 2548  not prevent the department or office from disclosing the content
 2549  of a complaint or such information as it deems necessary to
 2550  conduct the investigation, to update the complainant as to the
 2551  status and outcome of the complaint, or to share such
 2552  information with any law enforcement agency or other regulatory
 2553  body.
 2554         Section 57. Subsection (5) of section 648.27, Florida
 2555  Statutes, is amended to read:
 2556         648.27 Licenses and appointments; general.—
 2557         (5)(a) The license of a bail bond agent shall continue in
 2558  force, without further examination unless deemed necessary by
 2559  the department, until suspended, revoked, or otherwise
 2560  terminated.
 2561         (b)The license of a temporary bail bond agent shall
 2562  continue in force until suspended, revoked, or otherwise
 2563  terminated.
 2564         Section 58. Section 648.285, Florida Statutes, is amended
 2565  to read:
 2566         648.285 Bond agency; ownership requirements; applications
 2567  for bail bond agency licenses.—
 2568         (1) A person may not own, control, manage, or otherwise
 2569  have a pecuniary interest in a bail bond agency unless such
 2570  individual is a licensed pursuant to s. 648.27, and appointed
 2571  through the department, and actively engaged as a bail bond
 2572  agent for at least the preceding 24 months. Any agency that is
 2573  not in compliance with this subsection is shall be subject to
 2574  the issuance of an immediate final order of suspension of its
 2575  license and all operations until the agency achieves compliance.
 2576         (2)Effective January 1, 2024, the department may issue a
 2577  bail bond agency license to any person only after such person
 2578  files a written application with the department and qualifies
 2579  for such license.
 2580         (3)An application for a bail bond agency license must be
 2581  signed by an individual required to be listed in the application
 2582  under paragraph (a). A bail bond agency license may permit a
 2583  third party to complete, submit, and sign an application on the
 2584  bail bond agency’s behalf; however, the bail bond agency is
 2585  responsible for ensuring that the information on the application
 2586  is true and correct, and the bail bond agency is accountable for
 2587  any misstatements or misrepresentations. The application for a
 2588  bail bond agency license must include:
 2589         (a)The name and license number of each owner, partner,
 2590  officer, director, president, senior vice president, secretary,
 2591  treasurer, and limited liability company member who directs or
 2592  participates in the management or control of the bail bond
 2593  agency, whether through ownership of voting securities, by
 2594  contract, by ownership of any agency bank account, or otherwise.
 2595         (b)The residence address of each person required to be
 2596  listed in the application under paragraph (a).
 2597         (c)The name, principal business street address, and valid
 2598  e-mail address of the bail bond agency and the name, address,
 2599  and e-mail address of the agency’s registered agent or person or
 2600  company authorized to accept service on behalf of the bail bond
 2601  agency.
 2602         (d)The physical address of each branch bail bond agency,
 2603  including its name, e-mail address, and telephone number, and
 2604  the date that the branch location began transacting bail bond
 2605  business.
 2606         (e)The name of the full-time bail bond agent in charge of
 2607  the agency office, including branch locations, and his or her
 2608  corresponding location.
 2609         (f)Such additional information as the department requires
 2610  by rule to ascertain the trustworthiness and competence of
 2611  persons required to be listed on the application and to
 2612  ascertain that such persons meet the requirements of this code.
 2613  However, the department may not require that credit or character
 2614  reports be submitted for persons required to be listed on the
 2615  application.
 2616         (4)The department must issue a license to each agency upon
 2617  approval of the application, and each agency location must
 2618  display the license prominently in a manner that makes it
 2619  clearly visible to any customer or potential customer who enters
 2620  the agency location.
 2621         (5)A bail bond agency that holds a current and valid
 2622  registration number with the department shall have its
 2623  registration automatically converted to a license on July 1,
 2624  2024.
 2625         (6)Section 112.011 does not apply to bail bond agencies or
 2626  to applicants for licensure as owners of bail bond agencies.
 2627         (7)(2) If the owner of a bail bond agency dies or becomes
 2628  mentally incapacitated, a personal representative or legal
 2629  guardian may be issued a temporary permit to manage the affairs
 2630  of the bail bond agency. Such person must appoint or maintain
 2631  the appointment of a primary bail bond agent in charge, as
 2632  provided in s. 648.387, and may not engage in any activities as
 2633  a licensed bail bond agent but must comply with s. 648.387
 2634  during the administration of the estate or guardianship. A
 2635  temporary permit is valid for a maximum of 24 months.
 2636         (8)(3) Application for a temporary permit must be made by
 2637  the personal representative or legal guardian upon statements
 2638  and affidavits filed with the department on forms prescribed and
 2639  furnished by it. The applicant must meet the qualifications for
 2640  licensure as a bail bond agent, except for the residency,
 2641  examination, education, and experience requirements.
 2642         Section 59. Subsection (1) of section 648.30, Florida
 2643  Statutes, is amended to read:
 2644         648.30 Licensure and appointment required; prohibited acts;
 2645  penalties.—
 2646         (1)(a) A person or entity may not act in the capacity of a
 2647  bail bond agent or temporary bail bond agency agent or perform
 2648  any of the functions, duties, or powers prescribed for bail bond
 2649  agents or temporary bail bond agencies agents under this chapter
 2650  unless that person or entity is qualified, licensed, and
 2651  appointed as provided in this chapter and employed by a bail
 2652  bond agency.
 2653         (b)A bail bond agent may not sell a bail bond issued by an
 2654  insurer for which the agent and the agent’s bail bond agency do
 2655  not hold a current appointment.
 2656         (c)Except as otherwise provided in this part, a person or
 2657  entity, other than a bail bond agency or an employee of a bail
 2658  bond agency, may not perform any of the functions of a bail bond
 2659  agency without a bail bond agency license.
 2660         Section 60. Section 648.31, Florida Statutes, is amended to
 2661  read:
 2662         648.31 Appointment taxes and fees.—The department shall
 2663  collect in advance all appointment taxes and fees for the
 2664  issuance of any appointment to a bail bond agent or temporary
 2665  bail bond agent, as provided in s. 624.501. There is no fee for
 2666  the issuance of any appointment to a bail bond agency.
 2667         Section 61. Subsection (2) of section 648.34, Florida
 2668  Statutes, is amended to read:
 2669         648.34 Bail bond agents; qualifications.—
 2670         (2) To qualify as a bail bond agent, it must affirmatively
 2671  appear at the time of application and throughout the period of
 2672  licensure that the applicant has complied with the provisions of
 2673  s. 648.355 and has obtained a temporary license pursuant to such
 2674  section and:
 2675         (a) The applicant Is a natural person who has reached the
 2676  age of 18 years and holds a high school diploma or its
 2677  equivalent.
 2678         (b) The applicant Is a United States citizen or legal alien
 2679  who possesses work authorization from the United States Bureau
 2680  of Citizenship and Immigration Services and is a resident of
 2681  this state. An individual who is a resident of this state shall
 2682  be deemed to meet the residence requirement of this paragraph,
 2683  notwithstanding the existence, at the time of application for
 2684  license, of a license in the applicant’s name on the records of
 2685  another state as a resident licensee of such other state, if the
 2686  applicant furnishes a letter of clearance satisfactory to the
 2687  department that his or her resident licenses have been canceled
 2688  or changed to a nonresident basis and that he or she is in good
 2689  standing.
 2690         (c) Will maintain his or her The place of business of the
 2691  applicant will be located in this state and in the county where
 2692  the applicant will maintain his or her records and be actively
 2693  engaged in the bail bond business and work with a licensed
 2694  maintain an agency accessible to the public which is open for
 2695  reasonable business hours.
 2696         (d) The applicant Is vouched for and recommended upon sworn
 2697  statements filed with the department by at least three reputable
 2698  citizens who are residents of the same counties in which the
 2699  applicant proposes to engage in the bail bond business.
 2700         (e) The applicant Is a person of high character and
 2701  approved integrity and has not been convicted of or pleaded
 2702  guilty or no contest to a felony, a crime involving moral
 2703  turpitude, or a crime punishable by imprisonment of 1 year or
 2704  more under the law of any state, territory, or country, whether
 2705  or not a judgment or conviction has been entered.
 2706         (f)Within 2 years immediately before applying for the
 2707  license, has successfully completed a basic certification course
 2708  in the criminal justice system which consists of at least 120
 2709  hours of classroom instruction with a passing grade of 80
 2710  percent or higher and has successfully completed a
 2711  correspondence course for bail bond agents approved by the
 2712  department.
 2713         (g)(f)The applicant Has passed any required examination.
 2714         Section 62. Section 648.355, Florida Statutes, is amended
 2715  to read:
 2716         648.355 Temporary limited license as Limited surety agents
 2717  and agent or professional bail bond agents agent; qualifications
 2718  pending examination.—
 2719         (1) The department may, in its discretion, issue a
 2720  temporary license as a limited surety agent or professional bail
 2721  bond agent, subject to the following conditions:
 2722         (a)The applicant is a natural person at least 18 years of
 2723  age and holds a high school diploma or its equivalent.
 2724         (b)The applicant is a United States citizen or legal alien
 2725  who possesses work authorization from the United States Bureau
 2726  of Citizenship and Immigration Services and is a resident of
 2727  this state. An individual who is a resident of this state shall
 2728  be deemed to meet the residence requirement of this paragraph,
 2729  notwithstanding the existence, at the time of application for
 2730  temporary license, of a license in the individual’s name on the
 2731  records of another state as a resident licensee of such other
 2732  state, if the applicant furnishes a letter of clearance
 2733  satisfactory to the department that the individual’s resident
 2734  licenses have been canceled or changed to a nonresident basis
 2735  and that the individual is in good standing.
 2736         (c)The applicant is a person of high character and
 2737  approved integrity and has never been convicted of or pleaded
 2738  guilty or no contest to a felony, a crime involving moral
 2739  turpitude, or a crime punishable by imprisonment of 1 year or
 2740  more under the law of any state, territory, or country, whether
 2741  or not a judgment or conviction is entered.
 2742         (d)Within 4 years prior to the date of application for a
 2743  temporary license, the applicant has successfully completed a
 2744  basic certification course in the criminal justice system,
 2745  consisting of not less than 120 hours of classroom instruction
 2746  with a passing grade of 80 percent or higher and has
 2747  successfully completed a correspondence course for bail bond
 2748  agents approved by the department.
 2749         (e)The applicant must be employed full time at the time of
 2750  licensure, and at all times throughout the existence of the
 2751  temporary license, by only one licensed and appointed
 2752  supervising bail bond agent, who supervises the work of the
 2753  applicant and is responsible for the licensee’s conduct in the
 2754  bail bond business. The applicant must be appointed by the same
 2755  insurers as the supervising bail bond agent. The supervising
 2756  bail bond agent shall certify monthly to the department under
 2757  oath, on a form prescribed by the department, the names and
 2758  hours worked each week of all temporary bail bond agents. Filing
 2759  a false certification is grounds for the immediate suspension of
 2760  the license and imposition of a $5,000 administrative fine. The
 2761  department may adopt rules that establish standards for the
 2762  employment requirements.
 2763         (f)The application must be accompanied by an affidavit
 2764  verifying proposed employment and a report as to the applicant’s
 2765  integrity and moral character on a form prescribed by the
 2766  department and executed by the proposed employer.
 2767         (g)The applicant must file with the department statements
 2768  by at least three reputable citizens who are residents of the
 2769  same counties in which the applicant proposes to engage as a
 2770  temporary licensee.
 2771         (h)The applicant’s employer is responsible for the bail
 2772  bonding acts of any licensee under this section.
 2773         (2)All applicable license fees, as prescribed in s.
 2774  624.501, must be paid before issuance of the temporary license.
 2775         (3)The temporary license shall be effective for 18 months,
 2776  subject to earlier termination at the request of the employer or
 2777  if suspended or revoked by the department.
 2778         (4) The applicant shall furnish, with the application for
 2779  temporary license, a complete set of the applicant’s
 2780  fingerprints in accordance with s. 626.171(4) and a recent
 2781  credential-sized, fullface photograph of the applicant. The
 2782  department may shall not issue a temporary license under this
 2783  section until the department has received a report from the
 2784  Department of Law Enforcement and the Federal Bureau of
 2785  Investigation relative to the existence or nonexistence of a
 2786  criminal history report based on the applicant’s fingerprints.
 2787         (2)(5) The department may collect a fee necessary to cover
 2788  the cost of a character and credit report made by an established
 2789  and reputable independent reporting service. The fee shall be
 2790  deposited to the credit of the Insurance Regulatory Trust Fund.
 2791         (3)(6)Effective July 1, 2023, any individual licensed by
 2792  the department as a temporary bail bond agent may take the
 2793  required bail bond agent’s licensure examination, may file an
 2794  application for a bail bond agent’s license if otherwise
 2795  qualified for licensure, and may take the required bail bond
 2796  agent’s licensure examination After licensure as a temporary
 2797  licensee for at least 12 months, such licensee may file an
 2798  application for and become eligible for a regular bail bond
 2799  agent’s license based on the licensee’s experience in the bail
 2800  bond business and education pursuant to paragraph (1)(d) and, if
 2801  otherwise qualified, take the required bail bond agent’s
 2802  licensure examination. The applicant and supervising bail bond
 2803  agent must each file an affidavit under oath, on a form
 2804  prescribed by the department, verifying the required employment
 2805  of the temporary agent before issuance of the license.
 2806         (7)In no event shall a temporary licensee licensed under
 2807  this section perform any of the functions for which a bail bond
 2808  agent’s license is required after expiration of the temporary
 2809  license without having passed the written examination as for a
 2810  regular bail bond agent’s license.
 2811         (8)(a)A temporary licensee has the same authority as a
 2812  licensed bail bond agent, including presenting defendants in
 2813  court; apprehending, arresting, and surrendering defendants to
 2814  the proper authorities; and keeping defendants under necessary
 2815  surveillance. However, a temporary licensee must be accompanied
 2816  by a supervising bail bond agent or an agent from the same
 2817  agency when apprehending, arresting, or surrendering defendants
 2818  to authorities.
 2819         (b)A temporary licensee may not execute or sign bonds,
 2820  handle collateral receipts, deliver bonds to appropriate
 2821  authorities, or operate an agency or branch agency separate from
 2822  the location of the supervising bail bond agent, managing
 2823  general agent, or insurer by whom the licensee is employed.
 2824         (4)(9)Effective July 1, 2023, the department may not issue
 2825  a temporary bail bond agent’s license. An individual currently
 2826  licensed as a temporary bail bond agent may continue to be
 2827  licensed in accordance with this chapter. A temporary bail bond
 2828  agent’s license may not be reinstated if the license expires or
 2829  is terminated, suspended, or revoked The department shall not
 2830  issue a temporary bail bond agent’s license to any individual
 2831  who has held such a temporary license in this state within 2
 2832  years after the expiration of such temporary bail bond agent’s
 2833  license.
 2834         Section 63. Subsections (1) through (4) of section 648.382,
 2835  Florida Statutes, are amended to read:
 2836         648.382 Appointment of bail bond agents and bail bond
 2837  agencies temporary bail bond agents; effective date of
 2838  appointment.—
 2839         (1)(a) Each insurer or appointing a bail bond agent and
 2840  each insurer, managing general agent, or bail bond agent
 2841  appointing a temporary bail bond agent or bail bond agency in
 2842  this state must file the appointment with the department and, at
 2843  the same time, pay the applicable appointment fees and taxes. A
 2844  person appointed under this section must hold a valid bail bond
 2845  agent’s or temporary bail bond agency’s agent’s license.
 2846         (b)Effective July 1, 2025, each insurer or managing
 2847  general agent appointing a bail bond agency in this state must
 2848  file the appointment with the department. An entity appointed
 2849  under this section must hold a valid bail bond agency’s license.
 2850         (2) Before Prior to any appointment, an appropriate officer
 2851  or official of the appointing insurer in the case of a bail bond
 2852  agent or an insurer, managing general agent, or bail bond agent
 2853  in the case of a temporary bail bond agent must submit:
 2854         (a) A certified statement or affidavit to the department
 2855  stating what investigation has been made concerning the proposed
 2856  appointee and the proposed appointee’s background and the
 2857  appointing person’s opinion to the best of his or her knowledge
 2858  and belief as to the moral character and reputation of the
 2859  proposed appointee. In lieu of such certified statement or
 2860  affidavit, by authorizing the effectuation of an appointment for
 2861  a licensee, the appointing entity certifies to the department
 2862  that such investigation has been made and that the results of
 2863  the investigation and the appointing person’s opinion is that
 2864  the proposed appointee is a person of good moral character and
 2865  reputation and is fit to engage in the bail bond business;
 2866         (b) An affidavit under oath on a form prescribed by the
 2867  department, signed by the proposed appointee, stating that
 2868  premiums are not owed to any insurer and that the appointee will
 2869  discharge all outstanding forfeitures and judgments on bonds
 2870  previously written. If the appointee does not satisfy or
 2871  discharge such forfeitures or judgments, the former insurer
 2872  shall file a notice, with supporting documents, with the
 2873  appointing insurer, the former agent or agency, and the
 2874  department, stating under oath that the licensee has failed to
 2875  timely satisfy forfeitures and judgments on bonds written and
 2876  that the insurer has satisfied the forfeiture or judgment from
 2877  its own funds. Upon receipt of such notification and supporting
 2878  documents, the appointing insurer shall immediately cancel the
 2879  licensee’s appointment. The licensee may be reappointed only
 2880  upon certification by the former insurer that all forfeitures
 2881  and judgments on bonds written by the licensee have been
 2882  discharged. The appointing insurer or former agent or agency
 2883  may, within 10 days, file a petition with the department seeking
 2884  relief from this paragraph. Filing of the petition stays the
 2885  duty of the appointing insurer to cancel the appointment until
 2886  the department grants or denies the petition; and
 2887         (c) Any other information that the department reasonably
 2888  requires concerning the proposed appointee; and
 2889         (d)Effective January 1, 2025, a certification that the
 2890  appointing entity obtained from each appointee the following
 2891  sworn statement:
 2892  
 2893         Pursuant to section 648.382(2)(b), Florida Statutes, I
 2894         do solemnly swear that I owe no premium to any insurer
 2895         and that I will discharge all outstanding forfeitures
 2896         and judgments on bonds that have been previously
 2897         written. I acknowledge that failure to do this will
 2898         result in my active appointments being canceled.
 2899  
 2900  An appointed bail bond agency must have the attestation under
 2901  this paragraph signed by its owner.
 2902         (3) By authorizing the effectuation of an appointment for a
 2903  licensee, the appointing insurer certifies to the department
 2904  that the insurer will be bound by the acts of the bail bond
 2905  agent or bail bond agency acting within the scope of the agent’s
 2906  or agency’s his or her appointment, and, in the case of a
 2907  temporary bail bond agent, the appointing insurer, managing
 2908  general agent, or bail bond agent, as the case may be, must
 2909  certify to the department that he or she will supervise the
 2910  temporary bail bond agent’s activities.
 2911         (4) Each appointing insurer or, managing general agent, or
 2912  bail bond agent must advise the department in writing within 5
 2913  days after receiving notice or learning that an appointee has
 2914  been arrested for, pled guilty or nolo contendere to, or been
 2915  found guilty of, a felony or other offense punishable by
 2916  imprisonment of 1 year or more under the law of any
 2917  jurisdiction, whether judgment was entered or withheld by the
 2918  court.
 2919         Section 64. Present subsections (1) through (4) of section
 2920  648.386, Florida Statutes, are redesignated as subsections (2)
 2921  through (5), respectively, a new subsection (1) is added to that
 2922  section, and present subsection (2) of that section is amended,
 2923  to read:
 2924         648.386 Qualifications for prelicensing and continuing
 2925  education schools and instructors.—
 2926         (1)DEFINITION OF “CLASSROOM INSTRUCTION”.—As used in this
 2927  section, the term “classroom instruction” means a course
 2928  designed to be presented to a group of students by a live
 2929  instructor using lecture, video, webcast, or virtual or other
 2930  audio-video presentation.
 2931         (3)(2) SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION
 2932  SCHOOLS.—In order to be considered for approval and
 2933  certification as an approved limited surety agent and
 2934  professional bail bond agent continuing education school, such
 2935  entity must:
 2936         (a) Provide a minimum of three classroom-instruction
 2937  continuing education classes per calendar year.
 2938         (b) Submit a course curriculum to the department for
 2939  approval.
 2940         (c) Offer continuing education classes that comprise which
 2941  are comprised of a minimum of 2 hours of approved classroom
 2942  instruction coursework and are taught by an approved supervising
 2943  instructor or guest lecturer approved by the entity or the
 2944  supervising instructor.
 2945         Section 65. Section 648.387, Florida Statutes, is amended
 2946  to read:
 2947         648.387 Primary Bail bond agent in charge agents; duties.—
 2948         (1) The owner or operator of a bail bond agency shall
 2949  designate a primary bail bond agent in charge for each location,
 2950  and shall file with the department the name and license number
 2951  of the person and the address of the location on a form approved
 2952  by the department. The designation of the primary bail bond
 2953  agent in charge may be changed if the department is notified
 2954  immediately. Failure to notify the department within 10 working
 2955  days after such change is grounds for disciplinary action
 2956  pursuant to s. 648.45.
 2957         (2) The primary bail bond agent in charge is responsible
 2958  for the overall operation and management of a bail bond agency
 2959  location, whose responsibilities may include, without
 2960  limitations, hiring and supervising of all individuals within
 2961  the location, whether they deal with the public in the
 2962  solicitation or negotiation of bail bond contracts or in the
 2963  collection or accounting of moneys. A person may be designated
 2964  as the primary bail bond agent in charge for only one agency and
 2965  location.
 2966         (3) The department may suspend or revoke the license of the
 2967  owner, bail bond agent in charge operator, and primary bail bond
 2968  agency agent if the a bail bond agency employs, contracts with,
 2969  or uses the services of a person who has had a license denied or
 2970  whose license is currently suspended or revoked. However, a
 2971  person who has been denied a license for failure to pass a
 2972  required examination may be employed to perform clerical or
 2973  administrative functions for which licensure is not required.
 2974         (4) An owner, a bail bond agent in charge operator, or a
 2975  bail bond agency primary agent may not employ, contract with, or
 2976  use the services of any person in a bail bond agency who has
 2977  been charged with, found guilty of, or pled guilty or nolo
 2978  contendere to a felony or a crime punishable by imprisonment of
 2979  1 year or more under the law of any jurisdiction, without regard
 2980  to whether judgment was entered or withheld by the court.
 2981         (5) A bail bond agency location may not conduct surety
 2982  business unless a primary bail bond agent in charge is
 2983  designated by, and provides services to, the bail bond agency at
 2984  all times. If the bail bond agent in charge designated with the
 2985  department ends his or her affiliation with the bail bond agency
 2986  for any reason, and the bail bond agency fails to designate
 2987  another bail bond agent in charge within the 10-day period under
 2988  subsection (1) and such failure continues for 90 days, the bail
 2989  bond agency license automatically expires on the 91st day after
 2990  the date the designated bail bond agent in charge ended his or
 2991  her affiliation with the agency The failure to designate a
 2992  primary agent on a form prescribed by the department, within 10
 2993  working days after an agency’s inception or a change of primary
 2994  agent, is a violation of this chapter, punishable as provided in
 2995  s. 648.45.
 2996         Section 66. Section 648.3875, Florida Statutes, is created
 2997  to read:
 2998         648.3875Bail bond agent in charge; qualifications.—
 2999         (1)An application for designation as a bail bond agent in
 3000  charge must be submitted on forms prescribed by the department.
 3001  The application must include the applicant’s full name and the
 3002  applicant’s license number issued pursuant to s. 648.27.
 3003         (2)To qualify as a bail bond agent in charge, it must
 3004  affirmatively appear that, at the time of application and
 3005  throughout the period of licensure, the applicant has complied
 3006  with s. 648.285 and that the applicant has been licensed as a
 3007  bail bond agent for the 24 months immediately preceding the
 3008  appointment as the bail bond agent in charge.
 3009         Section 67. Section 648.39, Florida Statutes, is amended to
 3010  read:
 3011         648.39 Termination of appointment of managing general
 3012  agents, bail bond agents, and temporary bail bond agencies
 3013  agents.—
 3014         (1) An insurer that who terminates the appointment of a
 3015  managing general agent, bail bond agent, or temporary bail bond
 3016  agency agent shall, within 10 days after such termination, file
 3017  written notice thereof with the department together with a
 3018  statement that it has given or mailed notice to the terminated
 3019  agent or agency. Such notice filed with the department must
 3020  state the reasons, if any, for such termination. Information so
 3021  furnished to the department is confidential and exempt from the
 3022  provisions of s. 119.07(1).
 3023         (2) Each insurer shall, within 5 days after terminating the
 3024  appointment of any managing general agent, bail bond agent, or
 3025  temporary bail bond agency agent, give written notice thereof to
 3026  each clerk of the circuit court and sheriff with whom such
 3027  person is registered.
 3028         (3) An insurer that terminates the appointment of a
 3029  managing general agent or, bail bond agent, or temporary bail
 3030  bond agent may authorize such person to continue to attempt the
 3031  arrest and surrender of a defendant for whom a surety bond had
 3032  been written by the bail bond agent before prior to termination
 3033  and to seek discharge of forfeitures and judgments as provided
 3034  in chapter 903.
 3035         Section 68. Section 648.41, Florida Statutes, is repealed.
 3036         Section 69. Section 648.42, Florida Statutes, is amended to
 3037  read:
 3038         648.42 Registration of bail bond agents.—A bail bond agent
 3039  may not become a surety on an undertaking unless he or she has
 3040  registered in the office of the sheriff and with the clerk of
 3041  the circuit court in the county in which the bail bond agent
 3042  resides. The bail bond agent may register in a like manner in
 3043  any other county, and any bail bond agent shall file a certified
 3044  copy of his or her appointment by power of attorney from each
 3045  insurer which he or she represents as a bail bond agent with
 3046  each of such officers. Registration and filing of a certified
 3047  copy of renewed power of attorney shall be performed by April 1
 3048  of each odd-numbered year. The clerk of the circuit court and
 3049  the sheriff may shall not permit the registration of a bail bond
 3050  agent unless such bail bond agent is currently licensed by the
 3051  department and appointed by an insurer the department. Nothing
 3052  in this section shall prevent the registration of a temporary
 3053  licensee at the jail for the purposes of enabling the licensee
 3054  to perform the duties under such license as set forth in this
 3055  chapter.
 3056         Section 70. Subsections (1) and (2) and paragraphs (c) and
 3057  (d) of subsection (8) of section 648.44, Florida Statutes, are
 3058  amended to read:
 3059         648.44 Prohibitions; penalty.—
 3060         (1) A bail bond agent or temporary bail bond agency agent
 3061  may not:
 3062         (a) Suggest or advise the employment of, or name for
 3063  employment, any particular attorney or attorneys to represent
 3064  his or her principal.
 3065         (b) Directly or indirectly solicit business in or on the
 3066  property or grounds of a jail, prison, or other place where
 3067  prisoners are confined or in or on the property or grounds of
 3068  any court. The term “solicitation” includes the distribution of
 3069  business cards, print advertising, or other written or oral
 3070  information directed to prisoners or potential indemnitors,
 3071  unless a request is initiated by the prisoner or a potential
 3072  indemnitor. Permissible print advertising in the jail is
 3073  strictly limited to a listing in a telephone directory and the
 3074  posting of the bail bond agent’s or agency’s name, address, e
 3075  mail address, web address, and telephone number in a designated
 3076  location within the jail.
 3077         (c) Initiate in-person or telephone solicitation after 9:00
 3078  p.m. or before 8:00 a.m., in the case of domestic violence
 3079  cases, at the residence of the detainee or the detainee’s
 3080  family. Any solicitation not prohibited by this chapter must
 3081  comply with the telephone solicitation requirements in ss.
 3082  501.059(2) and (4), 501.613, and 501.616(6).
 3083         (d) Wear or display any identification other than the
 3084  department issued or approved license or approved department
 3085  identification, which includes a citation of the licensee’s
 3086  arrest powers, in or on the property or grounds of a jail,
 3087  prison, or other place where prisoners are confined or in or on
 3088  the property or grounds of any court.
 3089         (e) Pay a fee or rebate or give or promise anything of
 3090  value to a jailer, police officer, peace officer, or committing
 3091  trial court judge or any other person who has power to arrest or
 3092  to hold in custody or to any public official or public employee
 3093  in order to secure a settlement, compromise, remission, or
 3094  reduction of the amount of any bail bond or estreatment thereof.
 3095         (f) Pay a fee or rebate or give anything of value to an
 3096  attorney in a bail bond matter, except in defense of any action
 3097  on a bond.
 3098         (g) Pay a fee or rebate or give or promise anything of
 3099  value to the principal or anyone in his or her behalf.
 3100         (h) Participate in the capacity of an attorney at a trial
 3101  or hearing of one on whose bond he or she is surety.
 3102         (i) Loiter in or about a jail, courthouse, or where
 3103  prisoners are confined.
 3104         (j) Accept anything of value from a principal for providing
 3105  a bail bond except the premium and transfer fee authorized by
 3106  the office, except that the bail bond agent or bail bond agency
 3107  may accept collateral security or other indemnity from the
 3108  principal or another person in accordance with the provisions of
 3109  s. 648.442, together with documentary stamp taxes, if
 3110  applicable. No fees, expenses, or charges of any kind shall be
 3111  permitted to be deducted from the collateral held or any return
 3112  premium due, except as authorized by this chapter or rule of the
 3113  department or commission. A bail bond agent or bail bond agency
 3114  may, upon written agreement with another party, receive a fee or
 3115  compensation for returning to custody an individual who has fled
 3116  the jurisdiction of the court or caused the forfeiture of a
 3117  bond.
 3118         (k) Write more than one power of attorney per charge on a
 3119  bond, except in the case of a cosurety, unless the power of
 3120  attorney prohibits a cosurety.
 3121         (l) Execute a bond in this state on his or her own behalf.
 3122         (m) Execute a bond in this state if a judgment has been
 3123  entered on a bond executed by the bail bond agent or the bail
 3124  bond agency is a named party on the judgment, which has remained
 3125  unpaid for 35 days, unless the full amount of the judgment is
 3126  deposited with the clerk in accordance with s. 903.27(5).
 3127         (n) Make a statement or representation to a court, unless
 3128  such statement or representation is under oath. Such statement
 3129  or representation may not be false, misleading, or deceptive.
 3130         (o) Attempt to collect, through threat or coercion, amounts
 3131  due for the payment of any indebtedness related to the issuance
 3132  of a bail bond in violation of s. 559.72.
 3133         (p) Conduct bail bond business with any person, other than
 3134  the defendant, on the grounds of the jail or courthouse for the
 3135  purpose of executing a bond.
 3136         (2) The following persons or classes may shall not be bail
 3137  bond agents, temporary bail bond agents, or employees of a bail
 3138  bond agent or a bail bond agency business and may shall not
 3139  directly or indirectly receive any benefits from the execution
 3140  of any bail bond:
 3141         (a) Jailers or persons employed in any jail.
 3142         (b) Police officers or employees of any police department
 3143  or law enforcement agency.
 3144         (c) Committing trial court judges, employees of a court, or
 3145  employees of the clerk of any court.
 3146         (d) Sheriffs and deputy sheriffs or employees of any
 3147  sheriff’s department.
 3148         (e) Attorneys.
 3149         (f) Persons having the power to arrest or persons who have
 3150  authority over or control of federal, state, county, or
 3151  municipal prisoners.
 3152         (8)
 3153         (c) Any law enforcement agency, state attorney’s office,
 3154  court clerk, or insurer that is aware that a bail bond agent or
 3155  temporary bail bond agent has been convicted of or who has
 3156  pleaded guilty or no contest to a crime as described in
 3157  paragraph (a) shall notify the department of this fact.
 3158         (d) Upon the filing of an information or indictment against
 3159  a bail bond agent or temporary bail bond agent, the state
 3160  attorney or clerk of the circuit court shall immediately furnish
 3161  the department a certified copy of the information or
 3162  indictment.
 3163         Section 71. Subsection (1) of section 648.441, Florida
 3164  Statutes, is amended to read:
 3165         648.441 Furnishing supplies to unlicensed bail bond agent
 3166  prohibited; civil liability and penalty.—
 3167         (1) An insurer, managing general agent, bail bond agent, or
 3168  temporary bail bond agency agent appointed under this chapter
 3169  may not furnish to any person any blank forms, applications,
 3170  stationery, business card, or other supplies to be used in
 3171  soliciting, negotiating, or effecting bail bonds until such
 3172  person has received from the department a license to act as a
 3173  bail bond agent and is appointed by the insurer. This section
 3174  does not prohibit an unlicensed employee, under the direct
 3175  supervision and control of a licensed and appointed bail bond
 3176  agent, from possessing or executing in the bail bond agency, any
 3177  forms, except for powers of attorney, bond forms, and collateral
 3178  receipts, while acting within the scope of his or her
 3179  employment.
 3180         Section 72. Subsection (3) of section 648.46, Florida
 3181  Statutes, is amended to read:
 3182         648.46 Procedure for disciplinary action against
 3183  licensees.—
 3184         (3) The complaint and all information obtained pursuant to
 3185  the investigation of the department are confidential and exempt
 3186  from the provisions of s. 119.07(1) until such investigation is
 3187  completed or ceases to be active. For the purpose of this
 3188  section, an investigation is considered “active” while the
 3189  investigation is being conducted by the department with a
 3190  reasonable, good faith belief that it may lead to the filing of
 3191  administrative, civil, or criminal proceedings. An investigation
 3192  does not cease to be active if the department is proceeding with
 3193  reasonable dispatch and there is good faith belief that action
 3194  may be initiated by the department or other administrative or
 3195  law enforcement agency. This subsection does not prevent the
 3196  department or office from disclosing the complaint or such
 3197  information as it deems necessary to conduct the investigation,
 3198  to update the complainant as to the status and outcome of the
 3199  complaint, or to share such information with any law enforcement
 3200  agency or other regulatory body.
 3201         Section 73. Section 648.50, Florida Statutes, is amended to
 3202  read:
 3203         648.50 Effect of suspension, revocation upon associated
 3204  licenses and licensees.—
 3205         (1) Upon the suspension, revocation, or refusal to renew or
 3206  continue any license or appointment or the eligibility to hold a
 3207  license or appointment of a bail bond agent or temporary bail
 3208  bond agency agent, the department shall at the same time
 3209  likewise suspend or revoke all other licenses or appointments
 3210  and the eligibility to hold any other such licenses or
 3211  appointments which may be held by the licensee under the Florida
 3212  Insurance Code.
 3213         (2) In case of the suspension or revocation of the license
 3214  or appointment, or the eligibility to hold a license or
 3215  appointment, of any bail bond agent, the license, appointment,
 3216  or eligibility of any and all bail bond agents who are members
 3217  of a bail bond agency, whether incorporated or unincorporated,
 3218  and any and all temporary bail bond agents employed by such bail
 3219  bond agency, who knowingly are parties to the act which formed
 3220  the ground for the suspension or revocation may likewise be
 3221  suspended or revoked.
 3222         (3) A No person whose license as a bail bond agent or
 3223  temporary bail bond agent has been revoked or suspended may not
 3224  shall be employed by any bail bond agent, have any ownership
 3225  interest in any business involving bail bonds, or have any
 3226  financial interest of any type in any bail bond business during
 3227  the period of revocation or suspension.
 3228         Section 74. Subsections (4) and (6) of section 717.135,
 3229  Florida Statutes, are amended to read:
 3230         717.135 Recovery agreements and purchase agreements for
 3231  claims filed by a claimant’s representative; fees and costs.—
 3232         (4) A claimant’s representative must use the Unclaimed
 3233  Property Recovery Agreement or the Unclaimed Property Purchase
 3234  Agreement as the exclusive means of entering into an agreement
 3235  or a contract engaging with a claimant or seller to file a claim
 3236  with the department.
 3237         (6) A claimant’s representative may not use or distribute
 3238  any other agreement of any type, conveyed by any method, form,
 3239  or other media with respect to the claimant or seller which
 3240  relates, directly or indirectly, to unclaimed property accounts
 3241  held by the department or the Chief Financial Officer other than
 3242  the agreements authorized by this section. Any engagement,
 3243  authorization, recovery, or fee agreement that is not authorized
 3244  by this section is void. A claimant’s representative is subject
 3245  to administrative and civil enforcement under s. 717.1322 if he
 3246  or she uses an agreement that is not authorized by this section.
 3247  This subsection does not prohibit lawful nonagreement,
 3248  noncontractual, or advertising communications between or among
 3249  the parties.
 3250         Section 75. Paragraph (a) of subsection (4) of section
 3251  843.021, Florida Statutes, is amended to read:
 3252         843.021 Unlawful possession of a concealed handcuff key.—
 3253         (4)(a) It is a defense to a charge of violating this
 3254  section that the person in custody and in possession of a
 3255  concealed handcuff key is:
 3256         1. A federal, state, or local law enforcement officer,
 3257  including a reserve or auxiliary officer, a licensed security
 3258  officer, or a private investigator as defined in s. 493.6101; or
 3259         2. A professional bail bond agent, temporary bail bond
 3260  agent, runner, or limited surety agent as defined in s. 648.25.
 3261         Section 76. Section 903.28, Florida Statutes, is amended to
 3262  read:
 3263         903.28 Remission of forfeiture; conditions.—
 3264         (1) On application within 2 years from forfeiture, the
 3265  court shall order remission of the forfeiture if it determines
 3266  that there was no breach of the bond.
 3267         (2) If the defendant surrenders or is apprehended or
 3268  deceased within 90 days after forfeiture, the court, on motion
 3269  at a hearing upon notice having been given to the clerk of the
 3270  circuit court and the state attorney as required in subsection
 3271  (9) (8), shall direct remission of up to, but not more than, 100
 3272  percent of a forfeiture if the surety apprehended and
 3273  surrendered the defendant or if the apprehension or surrender of
 3274  the defendant was substantially procured or caused by the
 3275  surety;, or the surety has substantially attempted to procure or
 3276  cause the apprehension or surrender of the defendant; or the
 3277  defendant is deceased, and the delay has not thwarted the proper
 3278  prosecution of the defendant. In addition, remission shall be
 3279  granted when the surety did not substantially participate or
 3280  attempt to participate in the apprehension or surrender of the
 3281  defendant when the costs of returning the defendant to the
 3282  jurisdiction of the court, as provided in s. 903.21(3), have
 3283  been deducted from the remission and when the delay has not
 3284  thwarted the proper prosecution of the defendant.
 3285         (3) If the defendant surrenders or is apprehended or
 3286  deceased within 180 days after forfeiture, the court, on motion
 3287  at a hearing upon notice having been given to the clerk of the
 3288  circuit court and the state attorney as required in subsection
 3289  (9) (8), shall direct remission of up to, but not more than, 95
 3290  percent of a forfeiture if the surety apprehended and
 3291  surrendered the defendant or if the apprehension or surrender of
 3292  the defendant was substantially procured or caused by the
 3293  surety;, or the surety has substantially attempted to procure or
 3294  cause the apprehension or surrender of the defendant; or the
 3295  defendant is deceased, and the delay has not thwarted the proper
 3296  prosecution of the defendant. In addition, remission shall be
 3297  granted when the surety did not substantially participate or
 3298  attempt to participate in the apprehension or surrender of the
 3299  defendant when the costs of returning the defendant to the
 3300  jurisdiction of the court, as provided in s. 903.21(3), have
 3301  been deducted from the remission and when the delay has not
 3302  thwarted the proper prosecution of the defendant.
 3303         (4) If the defendant surrenders or is apprehended or
 3304  deceased within 270 days after forfeiture, the court, on motion
 3305  at a hearing upon notice having been given to the clerk of the
 3306  circuit court and the state attorney as required in subsection
 3307  (9) (8), shall direct remission of up to, but not more than, 90
 3308  percent of a forfeiture if the surety apprehended and
 3309  surrendered the defendant or if the apprehension or surrender of
 3310  the defendant was substantially procured or caused by the
 3311  surety;, or the surety has substantially attempted to procure or
 3312  cause the apprehension or surrender of the defendant; or the
 3313  defendant is deceased, and the delay has not thwarted the proper
 3314  prosecution of the defendant. In addition, remission shall be
 3315  granted when the surety did not substantially participate or
 3316  attempt to participate in the apprehension or surrender of the
 3317  defendant when the costs of returning the defendant to the
 3318  jurisdiction of the court, as provided in s. 903.21(3), have
 3319  been deducted from the remission and when the delay has not
 3320  thwarted the proper prosecution of the defendant.
 3321         (5) If the defendant surrenders or is apprehended or
 3322  deceased within 1 year after forfeiture, the court, on motion at
 3323  a hearing upon notice having been given to the clerk of the
 3324  circuit court and the state attorney as required in subsection
 3325  (9) (8), shall direct remission of up to, but not more than, 85
 3326  percent of a forfeiture if the surety apprehended and
 3327  surrendered the defendant or if the apprehension or surrender of
 3328  the defendant was substantially procured or caused by the
 3329  surety;, or the surety has substantially attempted to procure or
 3330  cause the apprehension or surrender of the defendant; or the
 3331  defendant is deceased, and the delay has not thwarted the proper
 3332  prosecution of the defendant. In addition, remission shall be
 3333  granted when the surety did not substantially participate or
 3334  attempt to participate in the apprehension or surrender of the
 3335  defendant when the costs of returning the defendant to the
 3336  jurisdiction of the court, as provided in s. 903.21(3), have
 3337  been deducted from the remission and when the delay has not
 3338  thwarted the proper prosecution of the defendant.
 3339         (6) If the defendant surrenders or is apprehended or
 3340  deceased within 2 years after forfeiture, the court, on motion
 3341  at a hearing upon notice having been given to the clerk of the
 3342  circuit court and the state attorney as required in subsection
 3343  (9) (8), shall direct remission of up to, but not more than, 50
 3344  percent of a forfeiture if the surety apprehended and
 3345  surrendered the defendant or if the apprehension or surrender of
 3346  the defendant was substantially procured or caused by the
 3347  surety;, or the surety has substantially attempted to procure or
 3348  cause the apprehension or surrender of the defendant; or the
 3349  defendant is deceased, and the delay has not thwarted the proper
 3350  prosecution of the defendant. In addition, remission shall be
 3351  granted when the surety did not substantially participate or
 3352  attempt to participate in the apprehension or surrender of the
 3353  defendant when the costs of returning the defendant to the
 3354  jurisdiction of the court, as provided in s. 903.21(3), have
 3355  been deducted from the remission and when the delay has not
 3356  thwarted the proper prosecution of the defendant.
 3357         (7) Within 2 years after the date of forfeiture, if the
 3358  state is unwilling to seek extradition of the defendant from any
 3359  jail or prison after a request by the surety agent or the surety
 3360  company, and contingent upon the surety agent or surety company
 3361  consenting to pay all costs incurred by an official in returning
 3362  the defendant to the jurisdiction of the court, as provided in
 3363  s. 903.21(3), up to the penal amount of the bond, the court
 3364  shall direct remission of 100 percent of the forfeiture.
 3365         (8) The remission of a forfeiture may not be ordered for
 3366  any reason other than as specified herein.
 3367         (9)(8) An application for remission must be accompanied by
 3368  affidavits setting forth the facts on which it is founded;
 3369  however, the surety must establish by further documentation or
 3370  other evidence any claimed attempt at procuring or causing the
 3371  apprehension or surrender of the defendant before the court may
 3372  order remission based upon an attempt to procure or cause such
 3373  apprehension or surrender. The clerk of the circuit court and
 3374  the state attorney must be given 20 days’ notice before a
 3375  hearing on an application and be furnished copies of all papers,
 3376  applications, and affidavits. Remission shall be granted on the
 3377  condition of payment of costs as provided in s. 903.21(3),
 3378  unless the ground for remission is that there was no breach of
 3379  the bond.
 3380         (10)(9) The clerk of the circuit court may enter into a
 3381  contract with a private attorney or into an interagency
 3382  agreement with a governmental agency to represent the clerk of
 3383  the court in an action for the remission of a forfeiture under
 3384  this section.
 3385         (11)(10) The clerk of the circuit court is the real party
 3386  in interest for all appeals arising from an action for the
 3387  remission of a forfeiture under this section.
 3388         Section 77. Paragraph (b) of subsection (6) of section
 3389  28.2221, Florida Statutes, is amended to read:
 3390         28.2221 Electronic access to official records.—
 3391         (6)
 3392         (b)1. For the purpose of conducting a title search, as
 3393  defined in s. 627.7711(4), of the Official Records, as described
 3394  in s. 28.222(2), and upon presentation of photo identification
 3395  and affirmation by sworn affidavit consistent with s. 92.50 to
 3396  the county recorder, information restricted from public display,
 3397  inspection, or copying under paragraph (5)(a) pursuant to a
 3398  request for removal made under s. 119.071(4)(d) may be disclosed
 3399  to:
 3400         a. A title insurer authorized pursuant to s. 624.401 and
 3401  its affiliates as defined in s. 624.10;
 3402         b. A title insurance agent or title insurance agency as
 3403  those terms are defined in s. 626.841 s. 626.841(1) and (2),
 3404  respectively; or
 3405         c. An attorney duly admitted to practice law in this state
 3406  and in good standing with The Florida Bar.
 3407         2. The photo identification and affirmation by sworn
 3408  affidavit may be delivered in person, by mail, or by electronic
 3409  transmission to the county recorder.
 3410         3. The affiant requestor must attest to his or her
 3411  authority and the authorized purpose to access exempt
 3412  information pursuant to this section for the property specified
 3413  within the sworn affidavit.
 3414         4. The affiant requestor must identify the Official Records
 3415  book and page number, instrument number, or the clerk’s file
 3416  number for each document requested within the sworn affidavit
 3417  and must include a description of the lawful purpose and
 3418  identify the individual or property that is the subject of the
 3419  search within the sworn affidavit.
 3420         5. Affidavits submitted by a title insurer, title insurance
 3421  agent, or title insurance agency must include the Florida
 3422  Company Code or the license number, as applicable, and an
 3423  attestation to the affiant requestor’s authorization to transact
 3424  business in this state. Affidavits submitted by an attorney
 3425  authorized under this section must include the affiant
 3426  requestor’s Florida Bar number and a statement that the affiant
 3427  requestor has an agency agreement with a title insurer directly
 3428  or through his or her law firm.
 3429         6. The county recorder must record such affidavit in the
 3430  Official Records, as described in s. 28.222(2), but may not
 3431  place the image or copy of the affidavit on a publicly available
 3432  Internet website for general public display.
 3433         7. Upon providing a document disclosing redacted
 3434  information to an affiant requestor under this section, the
 3435  county recorder must provide a copy of the affidavit requesting
 3436  disclosure of the redacted information to each affected party at
 3437  the address listed on the document or on the request for removal
 3438  made by the affected party under s. 119.071. The county recorder
 3439  must prepare a certificate of mailing to be affixed to the
 3440  affidavit and must receive the statutory service charges as
 3441  prescribed by s. 28.24 from the affiant requestor.
 3442         8. Any party making a false attestation under this section
 3443  is subject to the penalty of perjury under s. 837.012.
 3444         Section 78. Paragraph (d) of subsection (4) of section
 3445  119.071, Florida Statutes, is amended to read:
 3446         119.071 General exemptions from inspection or copying of
 3447  public records.—
 3448         (4) AGENCY PERSONNEL INFORMATION.—
 3449         (d)1. For purposes of this paragraph, the term:
 3450         a. “Home addresses” means the dwelling location at which an
 3451  individual resides and includes the physical address, mailing
 3452  address, street address, parcel identification number, plot
 3453  identification number, legal property description, neighborhood
 3454  name and lot number, GPS coordinates, and any other descriptive
 3455  property information that may reveal the home address.
 3456         b. “Telephone numbers” includes home telephone numbers,
 3457  personal cellular telephone numbers, personal pager telephone
 3458  numbers, and telephone numbers associated with personal
 3459  communications devices.
 3460         2.a. The home addresses, telephone numbers, dates of birth,
 3461  and photographs of active or former sworn law enforcement
 3462  personnel or of active or former civilian personnel employed by
 3463  a law enforcement agency, including correctional and
 3464  correctional probation officers, personnel of the Department of
 3465  Children and Families whose duties include the investigation of
 3466  abuse, neglect, exploitation, fraud, theft, or other criminal
 3467  activities, personnel of the Department of Health whose duties
 3468  are to support the investigation of child abuse or neglect, and
 3469  personnel of the Department of Revenue or local governments
 3470  whose responsibilities include revenue collection and
 3471  enforcement or child support enforcement; the names, home
 3472  addresses, telephone numbers, photographs, dates of birth, and
 3473  places of employment of the spouses and children of such
 3474  personnel; and the names and locations of schools and day care
 3475  facilities attended by the children of such personnel are exempt
 3476  from s. 119.07(1) and s. 24(a), Art. I of the State
 3477  Constitution.
 3478         b. The home addresses, telephone numbers, dates of birth,
 3479  and photographs of current or former nonsworn investigative
 3480  personnel of the Department of Financial Services whose duties
 3481  include the investigation of fraud, theft, workers’ compensation
 3482  coverage requirements and compliance, other related criminal
 3483  activities, or state regulatory requirement violations; the
 3484  names, home addresses, telephone numbers, dates of birth, and
 3485  places of employment of the spouses and children of such
 3486  personnel; and the names and locations of schools and day care
 3487  facilities attended by the children of such personnel are exempt
 3488  from s. 119.07(1) and s. 24(a), Art. I of the State
 3489  Constitution.
 3490         c. The home addresses, telephone numbers, dates of birth,
 3491  and photographs of current or former nonsworn investigative
 3492  personnel of the Office of Financial Regulation’s Bureau of
 3493  Financial Investigations whose duties include the investigation
 3494  of fraud, theft, other related criminal activities, or state
 3495  regulatory requirement violations; the names, home addresses,
 3496  telephone numbers, dates of birth, and places of employment of
 3497  the spouses and children of such personnel; and the names and
 3498  locations of schools and day care facilities attended by the
 3499  children of such personnel are exempt from s. 119.07(1) and s.
 3500  24(a), Art. I of the State Constitution.
 3501         d. The home addresses, telephone numbers, dates of birth,
 3502  and photographs of current or former firefighters certified in
 3503  compliance with s. 633.408; the names, home addresses, telephone
 3504  numbers, photographs, dates of birth, and places of employment
 3505  of the spouses and children of such firefighters; and the names
 3506  and locations of schools and day care facilities attended by the
 3507  children of such firefighters are exempt from s. 119.07(1) and
 3508  s. 24(a), Art. I of the State Constitution.
 3509         e. The home addresses, dates of birth, and telephone
 3510  numbers of current or former justices of the Supreme Court,
 3511  district court of appeal judges, circuit court judges, and
 3512  county court judges; the names, home addresses, telephone
 3513  numbers, dates of birth, and places of employment of the spouses
 3514  and children of current or former justices and judges; and the
 3515  names and locations of schools and day care facilities attended
 3516  by the children of current or former justices and judges are
 3517  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3518  Constitution.
 3519         f. The home addresses, telephone numbers, dates of birth,
 3520  and photographs of current or former state attorneys, assistant
 3521  state attorneys, statewide prosecutors, or assistant statewide
 3522  prosecutors; the names, home addresses, telephone numbers,
 3523  photographs, dates of birth, and places of employment of the
 3524  spouses and children of current or former state attorneys,
 3525  assistant state attorneys, statewide prosecutors, or assistant
 3526  statewide prosecutors; and the names and locations of schools
 3527  and day care facilities attended by the children of current or
 3528  former state attorneys, assistant state attorneys, statewide
 3529  prosecutors, or assistant statewide prosecutors are exempt from
 3530  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 3531         g. The home addresses, dates of birth, and telephone
 3532  numbers of general magistrates, special magistrates, judges of
 3533  compensation claims, administrative law judges of the Division
 3534  of Administrative Hearings, and child support enforcement
 3535  hearing officers; the names, home addresses, telephone numbers,
 3536  dates of birth, and places of employment of the spouses and
 3537  children of general magistrates, special magistrates, judges of
 3538  compensation claims, administrative law judges of the Division
 3539  of Administrative Hearings, and child support enforcement
 3540  hearing officers; and the names and locations of schools and day
 3541  care facilities attended by the children of general magistrates,
 3542  special magistrates, judges of compensation claims,
 3543  administrative law judges of the Division of Administrative
 3544  Hearings, and child support enforcement hearing officers are
 3545  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3546  Constitution.
 3547         h. The home addresses, telephone numbers, dates of birth,
 3548  and photographs of current or former human resource, labor
 3549  relations, or employee relations directors, assistant directors,
 3550  managers, or assistant managers of any local government agency
 3551  or water management district whose duties include hiring and
 3552  firing employees, labor contract negotiation, administration, or
 3553  other personnel-related duties; the names, home addresses,
 3554  telephone numbers, dates of birth, and places of employment of
 3555  the spouses and children of such personnel; and the names and
 3556  locations of schools and day care facilities attended by the
 3557  children of such personnel are exempt from s. 119.07(1) and s.
 3558  24(a), Art. I of the State Constitution.
 3559         i. The home addresses, telephone numbers, dates of birth,
 3560  and photographs of current or former code enforcement officers;
 3561  the names, home addresses, telephone numbers, dates of birth,
 3562  and places of employment of the spouses and children of such
 3563  personnel; and the names and locations of schools and day care
 3564  facilities attended by the children of such personnel are exempt
 3565  from s. 119.07(1) and s. 24(a), Art. I of the State
 3566  Constitution.
 3567         j. The home addresses, telephone numbers, places of
 3568  employment, dates of birth, and photographs of current or former
 3569  guardians ad litem, as defined in s. 39.820; the names, home
 3570  addresses, telephone numbers, dates of birth, and places of
 3571  employment of the spouses and children of such persons; and the
 3572  names and locations of schools and day care facilities attended
 3573  by the children of such persons are exempt from s. 119.07(1) and
 3574  s. 24(a), Art. I of the State Constitution.
 3575         k. The home addresses, telephone numbers, dates of birth,
 3576  and photographs of current or former juvenile probation
 3577  officers, juvenile probation supervisors, detention
 3578  superintendents, assistant detention superintendents, juvenile
 3579  justice detention officers I and II, juvenile justice detention
 3580  officer supervisors, juvenile justice residential officers,
 3581  juvenile justice residential officer supervisors I and II,
 3582  juvenile justice counselors, juvenile justice counselor
 3583  supervisors, human services counselor administrators, senior
 3584  human services counselor administrators, rehabilitation
 3585  therapists, and social services counselors of the Department of
 3586  Juvenile Justice; the names, home addresses, telephone numbers,
 3587  dates of birth, and places of employment of spouses and children
 3588  of such personnel; and the names and locations of schools and
 3589  day care facilities attended by the children of such personnel
 3590  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3591  Constitution.
 3592         l. The home addresses, telephone numbers, dates of birth,
 3593  and photographs of current or former public defenders, assistant
 3594  public defenders, criminal conflict and civil regional counsel,
 3595  and assistant criminal conflict and civil regional counsel; the
 3596  names, home addresses, telephone numbers, dates of birth, and
 3597  places of employment of the spouses and children of current or
 3598  former public defenders, assistant public defenders, criminal
 3599  conflict and civil regional counsel, and assistant criminal
 3600  conflict and civil regional counsel; and the names and locations
 3601  of schools and day care facilities attended by the children of
 3602  current or former public defenders, assistant public defenders,
 3603  criminal conflict and civil regional counsel, and assistant
 3604  criminal conflict and civil regional counsel are exempt from s.
 3605  119.07(1) and s. 24(a), Art. I of the State Constitution.
 3606         m. The home addresses, telephone numbers, dates of birth,
 3607  and photographs of current or former investigators or inspectors
 3608  of the Department of Business and Professional Regulation; the
 3609  names, home addresses, telephone numbers, dates of birth, and
 3610  places of employment of the spouses and children of such current
 3611  or former investigators and inspectors; and the names and
 3612  locations of schools and day care facilities attended by the
 3613  children of such current or former investigators and inspectors
 3614  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3615  Constitution.
 3616         n. The home addresses, telephone numbers, and dates of
 3617  birth of county tax collectors; the names, home addresses,
 3618  telephone numbers, dates of birth, and places of employment of
 3619  the spouses and children of such tax collectors; and the names
 3620  and locations of schools and day care facilities attended by the
 3621  children of such tax collectors are exempt from s. 119.07(1) and
 3622  s. 24(a), Art. I of the State Constitution.
 3623         o. The home addresses, telephone numbers, dates of birth,
 3624  and photographs of current or former personnel of the Department
 3625  of Health whose duties include, or result in, the determination
 3626  or adjudication of eligibility for social security disability
 3627  benefits, the investigation or prosecution of complaints filed
 3628  against health care practitioners, or the inspection of health
 3629  care practitioners or health care facilities licensed by the
 3630  Department of Health; the names, home addresses, telephone
 3631  numbers, dates of birth, and places of employment of the spouses
 3632  and children of such personnel; and the names and locations of
 3633  schools and day care facilities attended by the children of such
 3634  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
 3635  the State Constitution.
 3636         p. The home addresses, telephone numbers, dates of birth,
 3637  and photographs of current or former impaired practitioner
 3638  consultants who are retained by an agency or current or former
 3639  employees of an impaired practitioner consultant whose duties
 3640  result in a determination of a person’s skill and safety to
 3641  practice a licensed profession; the names, home addresses,
 3642  telephone numbers, dates of birth, and places of employment of
 3643  the spouses and children of such consultants or their employees;
 3644  and the names and locations of schools and day care facilities
 3645  attended by the children of such consultants or employees are
 3646  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3647  Constitution.
 3648         q. The home addresses, telephone numbers, dates of birth,
 3649  and photographs of current or former emergency medical
 3650  technicians or paramedics certified under chapter 401; the
 3651  names, home addresses, telephone numbers, dates of birth, and
 3652  places of employment of the spouses and children of such
 3653  emergency medical technicians or paramedics; and the names and
 3654  locations of schools and day care facilities attended by the
 3655  children of such emergency medical technicians or paramedics are
 3656  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3657  Constitution.
 3658         r. The home addresses, telephone numbers, dates of birth,
 3659  and photographs of current or former personnel employed in an
 3660  agency’s office of inspector general or internal audit
 3661  department whose duties include auditing or investigating waste,
 3662  fraud, abuse, theft, exploitation, or other activities that
 3663  could lead to criminal prosecution or administrative discipline;
 3664  the names, home addresses, telephone numbers, dates of birth,
 3665  and places of employment of spouses and children of such
 3666  personnel; and the names and locations of schools and day care
 3667  facilities attended by the children of such personnel are exempt
 3668  from s. 119.07(1) and s. 24(a), Art. I of the State
 3669  Constitution.
 3670         s. The home addresses, telephone numbers, dates of birth,
 3671  and photographs of current or former directors, managers,
 3672  supervisors, nurses, and clinical employees of an addiction
 3673  treatment facility; the home addresses, telephone numbers,
 3674  photographs, dates of birth, and places of employment of the
 3675  spouses and children of such personnel; and the names and
 3676  locations of schools and day care facilities attended by the
 3677  children of such personnel are exempt from s. 119.07(1) and s.
 3678  24(a), Art. I of the State Constitution. For purposes of this
 3679  sub-subparagraph, the term “addiction treatment facility” means
 3680  a county government, or agency thereof, that is licensed
 3681  pursuant to s. 397.401 and provides substance abuse prevention,
 3682  intervention, or clinical treatment, including any licensed
 3683  service component described in s. 397.311(26).
 3684         t. The home addresses, telephone numbers, dates of birth,
 3685  and photographs of current or former directors, managers,
 3686  supervisors, and clinical employees of a child advocacy center
 3687  that meets the standards of s. 39.3035(2) and fulfills the
 3688  screening requirement of s. 39.3035(3), and the members of a
 3689  Child Protection Team as described in s. 39.303 whose duties
 3690  include supporting the investigation of child abuse or sexual
 3691  abuse, child abandonment, child neglect, and child exploitation
 3692  or to provide services as part of a multidisciplinary case
 3693  review team; the names, home addresses, telephone numbers,
 3694  photographs, dates of birth, and places of employment of the
 3695  spouses and children of such personnel and members; and the
 3696  names and locations of schools and day care facilities attended
 3697  by the children of such personnel and members are exempt from s.
 3698  119.07(1) and s. 24(a), Art. I of the State Constitution.
 3699         u. The home addresses, telephone numbers, places of
 3700  employment, dates of birth, and photographs of current or former
 3701  staff and domestic violence advocates, as defined in s.
 3702  90.5036(1)(b), of domestic violence centers certified by the
 3703  Department of Children and Families under chapter 39; the names,
 3704  home addresses, telephone numbers, places of employment, dates
 3705  of birth, and photographs of the spouses and children of such
 3706  personnel; and the names and locations of schools and day care
 3707  facilities attended by the children of such personnel are exempt
 3708  from s. 119.07(1) and s. 24(a), Art. I of the State
 3709  Constitution.
 3710         3. An agency that is the custodian of the information
 3711  specified in subparagraph 2. and that is not the employer of the
 3712  officer, employee, justice, judge, or other person specified in
 3713  subparagraph 2. must maintain the exempt status of that
 3714  information only if the officer, employee, justice, judge, other
 3715  person, or employing agency of the designated employee submits a
 3716  written and notarized request for maintenance of the exemption
 3717  to the custodial agency. The request must state under oath the
 3718  statutory basis for the individual’s exemption request and
 3719  confirm the individual’s status as a party eligible for exempt
 3720  status.
 3721         4.a. A county property appraiser, as defined in s.
 3722  192.001(3), or a county tax collector, as defined in s.
 3723  192.001(4), who receives a written and notarized request for
 3724  maintenance of the exemption pursuant to subparagraph 3. must
 3725  comply by removing the name of the individual with exempt status
 3726  and the instrument number or Official Records book and page
 3727  number identifying the property with the exempt status from all
 3728  publicly available records maintained by the property appraiser
 3729  or tax collector. For written requests received on or before
 3730  July 1, 2021, a county property appraiser or county tax
 3731  collector must comply with this sub-subparagraph by October 1,
 3732  2021. A county property appraiser or county tax collector may
 3733  not remove the street address, legal description, or other
 3734  information identifying real property within the agency’s
 3735  records so long as a name or personal information otherwise
 3736  exempt from inspection and copying pursuant to this section are
 3737  not associated with the property or otherwise displayed in the
 3738  public records of the agency.
 3739         b. Any information restricted from public display,
 3740  inspection, or copying under sub-subparagraph a. must be
 3741  provided to the individual whose information was removed.
 3742         5. An officer, an employee, a justice, a judge, or other
 3743  person specified in subparagraph 2. may submit a written request
 3744  for the release of his or her exempt information to the
 3745  custodial agency. The written request must be notarized and must
 3746  specify the information to be released and the party authorized
 3747  to receive the information. Upon receipt of the written request,
 3748  the custodial agency must release the specified information to
 3749  the party authorized to receive such information.
 3750         6. The exemptions in this paragraph apply to information
 3751  held by an agency before, on, or after the effective date of the
 3752  exemption.
 3753         7. Information made exempt under this paragraph may be
 3754  disclosed pursuant to s. 28.2221 to a title insurer authorized
 3755  pursuant to s. 624.401 and its affiliates as defined in s.
 3756  624.10; a title insurance agent or title insurance agency as
 3757  those terms are defined in s. 626.841 s. 626.841(1) or (2),
 3758  respectively; or an attorney duly admitted to practice law in
 3759  this state and in good standing with The Florida Bar.
 3760         8. The exempt status of a home address contained in the
 3761  Official Records is maintained only during the period when a
 3762  protected party resides at the dwelling location. Upon
 3763  conveyance of real property after October 1, 2021, and when such
 3764  real property no longer constitutes a protected party’s home
 3765  address as defined in sub-subparagraph 1.a., the protected party
 3766  must submit a written request to release the removed information
 3767  to the county recorder. The written request to release the
 3768  removed information must be notarized, must confirm that a
 3769  protected party’s request for release is pursuant to a
 3770  conveyance of his or her dwelling location, and must specify the
 3771  Official Records book and page, instrument number, or clerk’s
 3772  file number for each document containing the information to be
 3773  released.
 3774         9. Upon the death of a protected party as verified by a
 3775  certified copy of a death certificate or court order, any party
 3776  can request the county recorder to release a protected
 3777  decedent’s removed information unless there is a related request
 3778  on file with the county recorder for continued removal of the
 3779  decedent’s information or unless such removal is otherwise
 3780  prohibited by statute or by court order. The written request to
 3781  release the removed information upon the death of a protected
 3782  party must attach the certified copy of a death certificate or
 3783  court order and must be notarized, must confirm the request for
 3784  release is due to the death of a protected party, and must
 3785  specify the Official Records book and page number, instrument
 3786  number, or clerk’s file number for each document containing the
 3787  information to be released. A fee may not be charged for the
 3788  release of any document pursuant to such request.
 3789         10. This paragraph is subject to the Open Government Sunset
 3790  Review Act in accordance with s. 119.15 and shall stand repealed
 3791  on October 2, 2024, unless reviewed and saved from repeal
 3792  through reenactment by the Legislature.
 3793         Section 79. Subsection (4) of section 631.152, Florida
 3794  Statutes, is amended to read:
 3795         631.152 Conduct of delinquency proceeding; foreign
 3796  insurers.—
 3797         (4) Section 631.141(10)(b) 631.141(9)(b) applies to
 3798  ancillary delinquency proceedings opened for the purpose of
 3799  obtaining records necessary to adjudicate the covered claims of
 3800  Florida policyholders.
 3801         Section 80. Paragraph (b) of subsection (3) of section
 3802  631.398, Florida Statutes, is amended to read:
 3803         631.398 Prevention of insolvencies.—To aid in the detection
 3804  and prevention of insurer insolvencies or impairments:
 3805         (3)
 3806         (b) For an insolvency involving a domestic property
 3807  insurer, the department shall:
 3808         1. Begin an analysis of the history and causes of the
 3809  insolvency once the department is appointed by the court as
 3810  receiver.
 3811         2. Submit an initial report analyzing the history and
 3812  causes of the insolvency to the Governor, the President of the
 3813  Senate, the Speaker of the House of Representatives, and the
 3814  office. The initial report must be submitted no later than 4
 3815  months after the department is appointed as receiver. The
 3816  initial report shall be updated at least annually until the
 3817  submission of the final report. The report may not be used as
 3818  evidence in any proceeding brought by the department or others
 3819  to recover assets on behalf of the receivership estate as part
 3820  of its duties under s. 631.141(9) s. 631.141(8). The submission
 3821  of a report under this subparagraph shall not be considered a
 3822  waiver of any evidentiary privilege the department may assert
 3823  under state or federal law.
 3824         3. Provide a special report to the Governor, the President
 3825  of the Senate, the Speaker of the House of Representatives, and
 3826  the office, within 10 days upon identifying any condition or
 3827  practice that may lead to insolvency in the property insurance
 3828  marketplace.
 3829         4. Submit a final report analyzing the history and causes
 3830  of the insolvency and the review of the Office of Insurance
 3831  Regulation’s regulatory oversight of the insurer to the
 3832  Governor, the President of the Senate, the Speaker of the House
 3833  of Representatives, and the office within 30 days of the
 3834  conclusion of the insolvency proceeding.
 3835         5. Review the Office of Insurance Regulation’s regulatory
 3836  oversight of the insurer.
 3837         Section 81. Subsection (2) of section 903.09, Florida
 3838  Statutes, is amended to read:
 3839         903.09 Justification of sureties.—
 3840         (2) A bond agent, as defined in s. 648.25 s. 648.25(2),
 3841  shall justify her or his suretyship by attaching a copy of the
 3842  power of attorney issued by the company to the bond or by
 3843  attaching to the bond United States currency, a United States
 3844  postal money order, or a cashier’s check in the amount of the
 3845  bond; but the United States currency, United States postal money
 3846  order, or cashier’s check cannot be used to secure more than one
 3847  bond. Nothing herein shall prohibit two or more qualified
 3848  sureties from each posting any portion of a bond amount, and
 3849  being liable for only that amount, so long as the total posted
 3850  by all cosureties is equal to the amount of bond required.
 3851         Section 82. (1)The following rule is ratified for the sole
 3852  and exclusive purpose of satisfying any condition on the
 3853  effectiveness imposed under s. 120.541(3), Florida Statutes:
 3854  Rule 69L-7.020, Florida Administrative Code, titled “Florida
 3855  Workers’ Compensation Health Care Provider Reimbursement Manual”
 3856  as filed for adoption with the Department of State pursuant to
 3857  the certification package dated October 22, 2021.
 3858         (2)This section serves no other purpose and may not be
 3859  codified in the Florida Statutes. After this section becomes
 3860  law, its enactment and effective dates shall be noted in the
 3861  Florida Administrative Code, the Florida Administrative
 3862  Register, or both, as appropriate. This section does not alter
 3863  rulemaking additions delegated by prior law, does not constitute
 3864  legislative preemption of or exception to any provision of law
 3865  governing adoption or enforcement of the rule cited, and is
 3866  intended to preserve the status of any cited rule as a rule
 3867  under chapter 120, Florida Statutes. This section does not cure
 3868  any rulemaking defect or preempt any challenge based on a lack
 3869  of authority or a violation of the legal requirements governing
 3870  the adoption of any rule cited.
 3871         (3)This section takes effect July 1, 2023.
 3872         Section 83. Except as otherwise expressly provided in this
 3873  act, this act shall take effect upon becoming a law.