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The Florida Senate

CS/CS/CS/SB 1452 — Department of Financial Services

by Rules Committee; Appropriations Committee on Agriculture, Environment, and General Government; Banking and Insurance Committee; and Senator Truenow

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Banking and Insurance Committee (BI)

The bill revises statutory provisions relating to the Department of Financial Services (DFS) and the head of DFS, the Chief Financial Officer (CFO). The bill:

 

My Safe Florida Home Program

  • Revises eligibility standards for program inspections and grants to require that the home must be a single-family unit on an individual parcel of land that is either a detached residential property as required by current law or an attached residential property of three stories or less.
  • Revises eligibility standards for grants to require that an applicant have low-income or moderate-income. Priority is given first to applicants who have low-income and are 60 years of age or older, and then to moderate-income applicants who are 60 years of age or older. The bill clarifies that DFS may accept applications for My Safe Florida Home hurricane mitigation inspections that are submitted by applicants other than low-income persons or moderate-income persons.
  • Provides that DFS may accept a certification directly from the applicant attesting to his or her age if the if the applicant provides such certification in a signed or electronically verified statement made under penalty of perjury.
  • Clarifies how the age of a home is determined for purposes of grant eligibility, relying on the construction date listed by property appraisers rather than the initial permit date.
  • Streamlines program administration and reduces disputes by reinforcing that only improvements recommended in the initial and final inspection reports are eligible for grant funding and clarifies that grants may may be used for a roof covering when necessary to complete approved installation of secondary water resistance for the roof.
  • Establishes a 24-month deadline to submit a grant application after the initial inspection to eliminate a backlog of inactive applicants and extends the completion deadline for approved improvements to 18 months without requiring an extension request.
  • Requires DFS to notify an applicant at least five business days before an application is deemed abandoned. If the applicant responds to the notice and provides good cause for why the application should not be deemed abandoned, DFS may determine the application is not abandoned; or allow the applicant to submit a subsequent grant application to DFS.

 

Employment of Firefighters

  • Authorizes public officials to appoint, employ, promote, and advocate for a relative to be a firefighter if such activity is part of a competitive process provided for in a collective bargaining agreement.

 

The Division of Workers’ Compensation

  • Changes the due date of the Three-Member Panel Report to the Legislature from every two years to every five years, which will provide additional time for the panel to assess the workers’ compensation health care delivery system and provide recommendations to improve the system.
  • Extends the amount of time a provider has to file a petition with the DFS to resolve disputes from 45 to 60 days after the receipt of notice of disallowance or adjustment of payment by the carrier.
  • Expands the methods by which providers can submit utilization and reimbursement dispute petitions to the DFS from the United States Postal Service certified mail to also include common carrier with verifiable tracking methods.

 

The Division of Funeral, Cemetery, and Consumer Services

  • Specifies licensure disqualification provisions for certain crimes.
    • An applicant who has been found guilty of a felony of the first degree, felony involving specified prohibited conduct  or a felony involving moral turpitude is permanently barred from licensure.
    • Provides that an applicant who is found guilty of a felony beyond the scope of the offenses listed above is barred from licensure for 10 years, however, applicants who have completed at least one-half of the disqualifying period may apply for a probationary license for the remainder of the disqualifying period if during that time the applicant has not been found guilty, plead guilty or nolo contendre to any offense.
    • An applicant who is guilty of a misdemeanor directly related to ch. 497, F.S., is barred for five years.
  • Requires the Board of Funeral, Cemetery, and Consumer Services to adopt rules to implement these provisions, which:
    • Must include additional disqualifying periods for applicants who have committed multiple criminal offenses.
    • May provide additional factors for disqualification reasonably related to the applicant’s criminal history.
    • Must establish mitigating and aggravating factors.
    • May not reduce disqualifying period to less than five years or reduce the five-year disqualifying period for misdemeanors directly related to ch. 497, F.S.
  • Provides that applicants who are subject to a disqualifying period other than a permanent bar from licensure may be granted an exemption from disqualification under certain circumstances.

 

Enforcement of the Florida Building Code and Fire Prevention Code

  • Revises enforcement provisions relating to fire protection, fire suppression, modification, and demolition of a single family or two-family dwelling to provide that such a dwelling does not have a change of occupancy solely due to the use of dwellings or conversion into a dwelling used:
    • By a tax-exempt charity under 501(c)(3) of the Internal Revenue Code, whose stated purpose relates to supporting people living with a mental health disorder, provided the dwelling has two to four bedrooms, is occupied by no more than six ambulatory adults with a mental disorder, and has no more than two adults assigned to a bedroom; or
    • For residential migrant housing which has a permit from Department of Health pursuant to s. 381.0081, F.S.

 

Money Services Businesses 

 

  • Authorizes a deferred presentment provider to accept redemption of a check not only by cash but also by debit card.
  • Provides that Florida only requires a licensed check casher or a deferred presentment provider seeking collection of a returned check to comply with the federal Debt Collection Practices Act if the licensee or provider uses a third-party debt collector or any other name other than its own to collect such debts.

 

The Division of Insurance Agent and Agency Services

  • Streamlines the process for transferring an out-of-state license to Florida by removing the requirement for applicants to provide verification of home state license cancellation prior to being approved as a Florida resident licensee. Instead, the prior home state license must be cancelled within 30 days after the Florida resident license has been issued to facilitate the transfer of licensure between states.
  • Expands the exemption from an insurance application filing fee to include any veteran honorably discharged from the United States Armed Forces, or their spouse.
  • Clarifies that a title insurer, acting through a corporate officer, is exempt from ch. 626, F.S., relating to title insurance licensing and appointment requirements.
  • Requires a public adjuster to respond to a consumer’s written or electronic request for information in 14 days, mirroring the existing timeline for a public adjuster to respond to the DFS.
  • Clarifies that the insurer must obtain the Bail Bond Appointment Form and secure all necessary certifications of the agent, rather than submitting them directly to DFS.

 

The Division of Unclaimed Property

  • Replaces the term, “unclaimed property,” with the term “abandoned property,” throughout chapter 717, F.S.  The bill also revises the definition of “abandoned property”; distinguishes custodial holding from reporting status; and modernizes terminology to reflect current business practices, electronic records, and evolving property types.
  • Clarifies the conditions under which intangible property becomes subject to the custody of the DFS. The bill expressly ties custody to the expiration of the applicable dormancy period and the completion of required due diligence, reinforcing the distinction between property that is merely presumed abandoned and property that is reportable and transferable to state custody.
  • Clarifies what actions constitute an owner’s expression of continued interest in property. It provides a nonexclusive list of actions that rebut the presumption of abandonment, offering greater consistency in determining dormancy and reducing the likelihood that property will be reported despite meaningful owner engagement. The presumption that property is abandoned may be rebutted by the affirmative demonstration of continued interest by the owner, as well as an authorized representative.
  • Revises dormancy triggers for equity interests in business associations and securities accounts by reinstating undeliverable first-class mail or electronic communications as a trigger and extending the dormancy period tied to owner-initiated activity from three to ten years. These changes better reflect meaningful owner inactivity and provide additional time and methods for owners to maintain or reestablish contact before the property is presumed abandoned.
  • Requires holders of property presumed abandoned valued at more than $1,000 to send a second notice by certified mail.
  • Requires that holders of property presumed abandoned that has a value of $50 or more must use due diligence to locate and notify the apparent owner. At least 90 days, but not more than 180 days before filing a report with DFS, a holder in possession of the property must send a written notice by first class mail or by e-mail to the apparent owner’s last known address or e-mail.
  • Revises provisions regarding notice by the DFS to apparent owners of abandoned property to ensure such owners receive clear, accessible, and cost-effective notice after property is reported and remitted to the DFS.
  • Revises requirements for the publicly searchable electronic database to include owners with property valued at $10 or more, thereby improving transparency and owner access.
  • Provides that securities identified as non-freely transferable or worthless are not reportable, thereby reducing administrative burden.
  • Requires holders to certify that reports are complete and all due diligence requirements have been met.
  • Requires the submission of a certified copy of a death certificate before the DFS may release wills or trust instruments, thereby protecting sensitive documents.
  • Strengthens claim verification requirements for certain claims, including those submitted on behalf of active corporations, by requiring additional identification.
  • Clarifies the definition of “conflicting claim” and standardizes procedures for handling conflicting claims, promoting fairness and consistency in claims determinations.
  • Provides Legislative findings that laws governing ch. 717, F.S., serve a vital public purpose by protecting the property rights of owners, facilitating the return of abandoned property to its owners, preventing private escheatment, and ensuring that abandoned assets are preserved and safeguarded from waste or misuse.
  • Clarifies registration requirements and oversight of claimant representatives, including disclosure obligations, minimum activity thresholds, and grounds for revocation.
  • Reorganizes provisions governing the purchase of abandoned property by maintaining existing oversight of claimant representatives while creating a new section governing purchases by persons or entities other than claimant representatives. The bill establishes detailed disclosure and documentation requirements, including minimum formatting standards, notarization, and consumer-protection safeguards to ensure owners receive a substantial portion of the property’s value.

 

Rule Ratification

 

  • Ratifies rules adopted by DFS and the Financial Services Commission for the Office of Financial Regulation, for implementing Chapter 2025-100, L.O.F., which enacts statutory provisions making gold and silver legal tender in Florida. Further, the bill repeals s. 18 of Chapter 2025-100, L.O.F., thereby preventing the automatic repeal of Chapter 2025-100, L.O.F. The result of repealing the automatic repeal clause and ratifying the rules will be for Chapter 2025-100, L.O.F., to take effect July 1, 2026.

 

If approved by the Governor, or allowed to become law without the Governor's signature, these provisions take effect upon becoming law.

 

Vote: Senate 39-0; House 109-0