Senate Bill sb0282e1
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SB 282 First Engrossed
1 A reviser's bill to be entitled
2 An act relating to the Florida Statutes;
3 amending ss. 470.016, 471.025, 472.001,
4 472.003, 472.005, 472.011, 472.015, 472.021,
5 472.025, 472.027, 472.031, 472.037, 476.024,
6 494.0017, 498.025, 499.015, 499.03, 499.05,
7 501.34, 514.0231, 527.01, 527.02, 538.11,
8 550.904, 550.912, 553.381, 553.507, 553.902,
9 569.11, 570.21, 576.045, 589.065, 597.003,
10 597.0041, 607.1901, 617.1622, 620.8101,
11 620.9901, 626.112, 626.621, 626.6215, 626.797,
12 626.844, 626.8734, 626.909, 626.9911,
13 626.99275, 627.031, 627.062, 627.357, 627.481,
14 627.6487, 627.6699, 627.6735, 627.736,
15 627.9403, 627.9407, 627.94072, 627.944,
16 628.909, 631.718, and 631.911, F.S.; and
17 repealing ss. 489.1136(1)(g), 499.005(26),
18 550.2633(3) and (4), 624.408(1)(b)1., and
19 627.0661, F.S., pursuant to s. 11.242, F.S.;
20 deleting provisions which have expired, have
21 become obsolete, have had their effect, have
22 served their purpose, or have been impliedly
23 repealed or superseded; replacing incorrect
24 cross-references and citations; correcting
25 grammatical, typographical, and like errors;
26 removing inconsistencies, redundancies, and
27 unnecessary repetition in the statutes;
28 improving the clarity of the statutes and
29 facilitating their correct interpretation; and
30 confirming the restoration of provisions
31 unintentionally omitted from republication in
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SB 282 First Engrossed
1 the acts of the Legislature during the
2 amendatory process.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsection (1) of section 470.016, Florida
7 Statutes, is amended to read:
8 470.016 Inactive status.--
9 (1) A funeral director or embalmer license that has
10 become inactive may be reactivated under s. 470.015 upon
11 application to the department. The board shall prescribe by
12 rule continuing education requirements as a condition of
13 reactivating a license. The continuing education requirements
14 for reactivating a license may not exceed 12 classroom hours,
15 and the board may by rule establish criteria for accepting
16 alternative nonclassroom continuing education on an
17 hour-for-hour basis, in addition to a board-approved course on
18 communicable diseases, for each year the license was inactive.
19
20 Reviser's note.--Amended to improve clarity and
21 facilitate correct interpretation.
22
23 Section 2. Subsections (1) and (2) of section 471.025,
24 Florida Statutes, are amended to read:
25 471.025 Seals.--
26 (1) The board shall prescribe, by rule, a form of seal
27 to be used by registrants holding valid certificates of
28 registration. Each registrant shall obtain an impression-type
29 metal seal in the form aforesaid and may, in addition,
30 register his or her seal electronically in accordance with ss.
31 668.001-668.006 282.70-282.75. All final drawings,
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SB 282 First Engrossed
1 specifications, plans, reports, or documents prepared or
2 issued by the registrant and being filed for public record and
3 all final bid documents provided to the owner or the owner's
4 representative shall be signed by the registrant, dated, and
5 stamped with said seal. Such signature, date, and seal shall
6 be evidence of the authenticity of that to which they are
7 affixed. Drawings, specifications, plans, reports, final bid
8 documents, or documents prepared or issued by a registrant may
9 be transmitted electronically and may be signed by the
10 registrant, dated, and stamped electronically with said seal
11 in accordance with ss. 668.001-668.006 282.70-282.75.
12 (2) It is unlawful for any person to stamp, seal, or
13 digitally sign any document with a seal or digital signature
14 after his or her certificate of registration has expired or
15 been revoked or suspended, unless such certificate of
16 registration has been reinstated or reissued. When the
17 certificate of registration of a registrant has been revoked
18 or suspended by the board, it shall be mandatory that the
19 registrant, within a period of 30 days after the revocation or
20 suspension has become effective, surrender his or her seal to
21 the secretary of the board and confirm to the secretary the
22 cancellation of the registrant's digital signature in
23 accordance with ss. 668.001-668.006 282.70-282.75. In the
24 event the registrant's certificate has been suspended for a
25 period of time, his or her seal shall be returned to him or
26 her upon expiration of the suspension period.
27
28 Reviser's note.--Amended to conform to the
29 redesignation of ss. 282.70-282.75 as ss.
30 668.001-668.006 by the reviser incident to
31 compiling the Florida Statutes 2000.
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SB 282 First Engrossed
1 Section 3. Section 472.001, Florida Statutes, is
2 amended to read:
3 472.001 Purpose.--The Legislature deems it necessary
4 to regulate surveyors and mappers as provided in ss.
5 472.001-472.037 472.001-472.041.
6
7 Reviser's note.--Amended to conform to the
8 repeal of ss. 472.039 and 472.041 by s. 8, ch.
9 2000-332, Laws of Florida.
10
11 Section 4. Section 472.003, Florida Statutes, is
12 amended to read:
13 472.003 Persons not affected by ss. 472.001-472.037
14 472.001-472.041.--Sections 472.001-472.037 472.001-472.041 do
15 not apply to:
16 (1) Any surveyor and mapper working as a salaried
17 employee of the United States Government when engaged in work
18 solely for the United States Government.
19 (2) A registered professional engineer who takes or
20 contracts for professional surveying and mapping services
21 incidental to her or his practice of engineering and who
22 delegates such surveying and mapping services to a registered
23 professional surveyor and mapper qualified within her or his
24 firm or contracts for such professional surveying and mapping
25 services to be performed by others who are registered
26 professional surveyors and mappers under the provisions of ss.
27 472.001-472.037 472.001-472.041.
28 (3) The following persons when performing construction
29 layout from boundary, horizontal, and vertical controls that
30 have been established by a registered professional surveyor
31 and mapper:
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SB 282 First Engrossed
1 (a) Contractors performing work on bridges, roads,
2 streets, highways, or railroads, or utilities and services
3 incidental thereto, or employees who are subordinates of such
4 contractors provided that the employee does not hold herself
5 or himself out for hire or engage in such contracting except
6 as an employee;
7 (b) Certified or registered contractors licensed
8 pursuant to part I of chapter 489 or employees who are
9 subordinates of such contractors provided that the employee
10 does not hold herself or himself out for hire or engage in
11 contracting except as an employee; and
12 (c) Registered professional engineers licensed
13 pursuant to chapter 471 and employees of a firm, corporation,
14 or partnership who are the subordinates of the registered
15 professional engineer in responsible charge.
16 (4) Persons employed by county property appraisers, as
17 defined at s. 192.001(3), and persons employed by the
18 Department of Revenue, to prepare maps for property appraisal
19 purposes only, but only to the extent that they perform
20 mapping services which do not include any surveying activities
21 as described in s. 472.005(4)(a) and (b).
22
23 Reviser's note.--Amended to conform to the
24 repeal of ss. 472.039 and 472.041 by s. 8, ch.
25 2000-332, Laws of Florida.
26
27 Section 5. Section 472.005, Florida Statutes, is
28 amended to read:
29 472.005 Definitions.--As used in ss. 472.001-472.037
30 472.001-472.041:
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SB 282 First Engrossed
1 (1) "Board" means the Board of Professional Surveyors
2 and Mappers.
3 (2) "Department" means the Department of Business and
4 Professional Regulation.
5 (3) "Surveyor and mapper" includes the term
6 "professional surveyor and mapper" and means a person who is
7 registered to engage in the practice of surveying and mapping
8 under ss. 472.001-472.037 472.001-472.041. For the purposes of
9 this statute, a surveyor and mapper means a person who
10 determines and displays the facts of size, shape, topography,
11 tidal datum planes, legal or geodetic location or relation,
12 and orientation of improved or unimproved real property
13 through direct measurement or from certifiable measurement
14 through accepted photogrammetric procedures.
15 (4)(a) "Practice of surveying and mapping" means,
16 among other things, any professional service or work, the
17 adequate performance of which involves the application of
18 special knowledge of the principles of mathematics, the
19 related physical and applied sciences, and the relevant
20 requirements of law for adequate evidence of the act of
21 measuring, locating, establishing, or reestablishing lines,
22 angles, elevations, natural and manmade features in the air,
23 on the surface and immediate subsurface of the earth, within
24 underground workings, and on the beds or surface of bodies of
25 water, for the purpose of determining, establishing,
26 describing, displaying, or interpreting the facts of size,
27 shape, topography, tidal datum planes, legal or geodetic
28 location or relocation, and orientation of improved or
29 unimproved real property and appurtenances thereto, including
30 acreage and condominiums.
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SB 282 First Engrossed
1 (b) The practice of surveying and mapping also
2 includes, but is not limited to, photogrammetric control; the
3 monumentation and remonumentation of property boundaries and
4 subdivisions; the measurement of and preparation of plans
5 showing existing improvements after construction; the layout
6 of proposed improvements; the preparation of descriptions for
7 use in legal instruments of conveyance of real property and
8 property rights; the preparation of subdivision planning maps
9 and record plats, as provided for in chapter 177; the
10 determination of, but not the design of, grades and elevations
11 of roads and land in connection with subdivisions or divisions
12 of land; and the creation and perpetuation of alignments
13 related to maps, record plats, field note records, reports,
14 property descriptions, and plans and drawings that represent
15 them.
16 (5) The term "surveyor and mapper intern" includes the
17 term "surveyor-mapper-in-training" and means a person who
18 complies with the requirements provided by ss. 472.001-472.037
19 472.001-472.041 and who has passed an examination as provided
20 by rules adopted by the board.
21 (6) The term "responsible charge" means direct control
22 and personal supervision of surveying and mapping work, but
23 does not include experience as a chainperson, rodperson,
24 instrumentperson, ordinary draftsperson, digitizer, scriber,
25 photo lab technician, ordinary stereo plotter operator, aerial
26 photo pilot, photo interpreter, and other positions of routine
27 work.
28 (7) The term "license" means the registration of
29 surveyors and mappers or the certification of businesses to
30 practice surveying and mapping in this state.
31
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SB 282 First Engrossed
1 (8) "Photogrammetric mapper" means any person who
2 engages in the practice of surveying and mapping using aerial
3 or terrestrial photography or other sources of images.
4
5 Reviser's note.--Amended to conform to the
6 repeal of ss. 472.039 and 472.041 by s. 8, ch.
7 2000-332, Laws of Florida.
8
9 Section 6. Subsection (1) of section 472.011, Florida
10 Statutes, is amended to read:
11 472.011 Fees.--
12 (1) The board, by rule, may establish fees to be paid
13 for applications, examination, reexamination, licensing and
14 renewal, inactive status application and reactivation of
15 inactive licenses, recordmaking and recordkeeping, and
16 applications for providers of continuing education. The board
17 may also establish by rule a delinquency fee. The board shall
18 establish fees that are adequate to ensure the continued
19 operation of the board. Fees shall be based on department
20 estimates of the revenue required to implement ss.
21 472.001-472.037 472.001-472.041 and the provisions of law with
22 respect to the regulation of surveyors and mappers.
23
24 Reviser's note.--Amended to conform to the
25 repeal of ss. 472.039 and 472.041 by s. 8, ch.
26 2000-332, Laws of Florida.
27
28 Section 7. Subsection (4) of section 472.015, Florida
29 Statutes, is amended to read:
30 472.015 Licensure.--
31
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SB 282 First Engrossed
1 (4) The department shall not issue a license by
2 endorsement to any applicant who is under investigation in
3 another state for any act that would constitute a violation of
4 ss. 472.001-472.037 472.001-472.041 or chapter 455 until such
5 time as the investigation is complete and disciplinary
6 proceedings have been terminated.
7
8 Reviser's note.--Amended to conform to the
9 repeal of ss. 472.039 and 472.041 by s. 8, ch.
10 2000-332, Laws of Florida.
11
12 Section 8. Subsection (1) of section 472.021, Florida
13 Statutes, is amended to read:
14 472.021 Certification of partnerships and
15 corporations.--
16 (1) The practice of or the offer to practice surveying
17 and mapping by registrants through a corporation or
18 partnership offering surveying and mapping services to the
19 public, or by a corporation or partnership offering said
20 services to the public through registrants under ss.
21 472.001-472.037 472.001-472.041 as agents, employees,
22 officers, or partners, is permitted subject to the provisions
23 of ss. 472.001-472.037 472.001-472.041, provided that one or
24 more of the principal officers of the corporation or one or
25 more partners of the partnership and all personnel of the
26 corporation or partnership who act in its behalf as surveyors
27 and mappers in this state are registered as provided by ss.
28 472.001-472.037 472.001-472.041, and, further, provided that
29 the corporation or partnership has been issued a certificate
30 of authorization by the board as provided in this section. All
31 final drawings, specifications, plans, reports, or other
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SB 282 First Engrossed
1 papers or documents involving the practice of surveying and
2 mapping which are prepared or approved for the use of the
3 corporation or partnership or for delivery to any person or
4 for public record within the state must be dated and must bear
5 the signature and seal of the registrant who prepared or
6 approved them. Nothing in this section shall be construed to
7 allow a corporation to hold a certificate of registration to
8 practice surveying and mapping. No corporation or partnership
9 shall be relieved of responsibility for the conduct or acts of
10 its agents, employees, or officers by reason of its compliance
11 with this section, nor shall any individual practicing
12 surveying and mapping be relieved of responsibility for
13 professional services performed by reason of his or her
14 employment or relationship with a corporation or partnership.
15
16 Reviser's note.--Amended to conform to the
17 repeal of ss. 472.039 and 472.041 by s. 8, ch.
18 2000-332, Laws of Florida.
19
20 Section 9. Subsections (1) and (2) of section 472.025,
21 Florida Statutes, are amended to read:
22 472.025 Seals.--
23 (1) The board shall prescribe, by rule, a form of seal
24 to be used by all registrants holding valid certificates of
25 registration, whether the registrants are corporations,
26 partnerships, or individuals. Each registrant shall obtain an
27 impression-type metal seal in that form; and all final
28 drawings, plans, specifications, plats, or reports prepared or
29 issued by the registrant in accordance with minimum technical
30 standards set by the board shall be signed by the registrant,
31 dated, and stamped with his or her seal. This signature, date,
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SB 282 First Engrossed
1 and seal shall be evidence of the authenticity of that to
2 which they are affixed. Each registrant may in addition
3 register his or her seal electronically in accordance with ss.
4 668.001-668.006 282.70-282.75. Drawings, plans,
5 specifications, reports, or documents prepared or issued by a
6 registrant may be transmitted electronically and may be signed
7 by the registrant, dated, and stamped electronically with such
8 seal in accordance with ss. 668.001-668.006 282.70-282.75.
9 (2) It is unlawful for any person to stamp, seal, or
10 digitally sign any document with a seal or digital signature
11 after his or her certificate of registration has expired or
12 been revoked or suspended, unless such certificate of
13 registration has been reinstated or reissued. When the
14 certificate of registration of a registrant has been revoked
15 or suspended by the board, the registrant shall, within a
16 period of 30 days after the revocation or suspension has
17 become effective, surrender his or her seal to the secretary
18 of the board and confirm to the secretary the cancellation of
19 the registrant's digital signature in accordance with ss.
20 668.001-668.006 282.70-282.75. In the event the registrant's
21 certificate has been suspended for a period of time, his or
22 her seal shall be returned to him or her upon expiration of
23 the suspension period.
24
25 Reviser's note.--Amended to conform to the
26 redesignation of ss. 282.70-282.75 as ss.
27 668.001-668.006 by the reviser incident to
28 compiling the Florida Statutes 2000.
29
30 Section 10. Section 472.027, Florida Statutes, is
31 amended to read:
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SB 282 First Engrossed
1 472.027 Minimum technical standards for surveying and
2 mapping.--The board shall adopt rules relating to the practice
3 of surveying and mapping which establish minimum technical
4 standards to ensure the achievement of no less than minimum
5 degrees of accuracy, completeness, and quality in order to
6 assure adequate and defensible real property boundary
7 locations and other pertinent information provided by
8 surveyors and mappers under the authority of ss.
9 472.001-472.037 472.001-472.041.
10
11 Reviser's note.--Amended to conform to the
12 repeal of ss. 472.039 and 472.041 by s. 8, ch.
13 2000-332, Laws of Florida.
14
15 Section 11. Paragraphs (a) and (b) of subsection (1)
16 of section 472.031, Florida Statutes, are amended to read:
17 472.031 Prohibitions; penalties.--
18 (1) No person shall:
19 (a) Practice surveying and mapping unless such person
20 is registered pursuant to ss. 472.001-472.037 472.001-472.041;
21 (b) Use the name or title "registered surveyor and
22 mapper" when such person has not registered pursuant to ss.
23 472.001-472.037 472.001-472.041;
24
25 Reviser's note.--Amended to conform to the
26 repeal of ss. 472.039 and 472.041 by s. 8, ch.
27 2000-332, Laws of Florida.
28
29 Section 12. Section 472.037, Florida Statutes, is
30 amended to read:
31
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SB 282 First Engrossed
1 472.037 Application of ss. 472.001-472.037
2 472.001-472.041.--
3 (1) Nothing contained in ss. 472.001-472.037
4 472.001-472.041 shall be construed to repeal, amend, limit, or
5 otherwise affect any local building code or zoning law or
6 ordinance, now or hereafter enacted, which is more restrictive
7 with respect to the services of registered surveyors and
8 mappers than the provisions of ss. 472.001-472.037
9 472.001-472.041.
10 (2) In counties or municipalities that issue building
11 permits, such permits shall not be issued in any case where it
12 is apparent from the application for such building permit that
13 the provisions of ss. 472.001-472.037 472.001-472.041 have
14 been violated. However, this shall not authorize the
15 withholding of building permits in any cases within the exempt
16 classes set forth in ss. 472.001-472.037 472.001-472.041.
17
18 Reviser's note.--Amended to conform to the
19 repeal of ss. 472.039 and 472.041 by s. 8, ch.
20 2000-332, Laws of Florida.
21
22 Section 13. Section 476.024, Florida Statutes, is
23 amended to read:
24 476.024 Purpose.--The Legislature deems it necessary
25 in the interest of public health, safety, and welfare to
26 regulate the practice of barbering in this state. However,
27 restrictions should be imposed only to the extent necessary to
28 protect the public from these recognized dangers and in a
29 manner which will not unreasonably affect the competitive
30 market.
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SB 282 First Engrossed
1 Reviser's note.--Amended to improve clarity.
2
3 Section 14. Paragraph (g) of subsection (1) of section
4 489.1136, Florida Statutes, is repealed.
5
6 Reviser's note.--The cited paragraph requires
7 medical gas system licensees to meet specified
8 training requirements by October 1, 2000.
9
10 Section 15. Subsections (1) and (4) of section
11 494.0017, Florida Statutes, are amended to read:
12 494.0017 Mortgage Brokerage Guaranty Fund.--
13 (1) The department shall make transfers from the
14 Regulatory Trust Fund to the Mortgage Brokerage Guaranty Fund
15 to pay valid claims arising under former ss. 494.042, 494.043,
16 and 494.044, as provided in former s. 494.00171.
17 (4) Notwithstanding s. 215.965 216.331, the department
18 may disburse funds to a court or court-appointed person for
19 distribution, if the conditions precedent for recovery exist
20 and the distribution would be the fairest and most equitable
21 manner of distributing the funds.
22
23 Reviser's note.--Subsection (1) is amended to
24 improve clarity, facilitate correct
25 interpretation, and take into account any
26 claims that have been filed and are still
27 pending. Section 494.00171 was repealed by s.
28 70, ch. 2000-158, Laws of Florida. Subsection
29 (4) is amended to conform to the redesignation
30 of s. 216.331 as s. 215.965 by s. 59, ch.
31 2000-371, Laws of Florida.
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SB 282 First Engrossed
1 Section 16. Paragraph (n) of subsection (1) of section
2 498.025, Florida Statutes, is amended to read:
3 498.025 Exemptions.--
4 (1) Except as provided in s. 498.022, the provisions
5 of this chapter do not apply to:
6 (n) An offer or disposition of any interest in a
7 subdivision that has received a development order pursuant to
8 s. 380.06 380.060 or s. 380.061, or the offer or disposition
9 of any interest in subdivided lands by a person who has
10 entered into a development agreement with local government in
11 accordance with part II of chapter 163, subject to the
12 following conditions:
13 1. All funds or property paid by a purchaser are
14 escrowed until closing; and
15 2. Closing shall not occur until all promised
16 improvements including infrastructure, facilities, and
17 amenities represented by the seller or the seller's agent are
18 deemed complete and the plat of same is recorded in the
19 official records of the county in which the subdivision is
20 located.
21
22 Reviser's note.--Amended to conform to the
23 correct citation to the referenced material; s.
24 380.060 does not exist.
25
26 Section 17. Subsection (26) of section 499.005,
27 Florida Statutes, is repealed.
28
29 Reviser's note.--Repeals a provision that has
30 served its purpose. Section 499.018, which
31 detailed the investigational drug application
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SB 282 First Engrossed
1 process, was repealed by s. 10, ch. 2000-326,
2 Laws of Florida.
3
4 Section 18. Paragraph (b) of subsection (1) of section
5 499.015, Florida Statutes, is amended to read:
6 499.015 Registration of drugs, devices, and cosmetics;
7 issuance of certificates of free sale.--
8 (1)
9 (b) The department may not register any product that
10 does not comply with the Federal Food, Drug, and Cosmetic Act,
11 as amended, or Title 21 C.F.R., or that is not an approved
12 investigational drug as provided for in s. 499.018.
13 Registration of a product by the department does not mean that
14 the product does in fact comply with all provisions of the
15 Federal Food, Drug, and Cosmetic Act, as amended.
16
17 Reviser's note.--Amended to delete language
18 that has served its purpose. Section 499.018,
19 which detailed the investigational drug
20 application process, was repealed by s. 10, ch.
21 2000-326, Laws of Florida.
22
23 Section 19. Subsection (1) of section 499.03, Florida
24 Statutes, is amended to read:
25 499.03 Possession of new drugs or legend drugs without
26 prescriptions unlawful; exemptions and exceptions.--
27 (1) A person may not possess, or possess with intent
28 to sell, dispense, or deliver, any habit-forming, toxic,
29 harmful, or new drug subject to s. 499.003(22), or legend drug
30 as defined in s. 499.003(19) 499.003(18), unless the
31 possession of the drug has been obtained by a valid
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SB 282 First Engrossed
1 prescription of a practitioner licensed by law to prescribe
2 the drug. However, this section does not apply to the delivery
3 of such drugs to persons included in any of the classes named
4 in this subsection, or to the agents or employees of such
5 persons, for use in the usual course of their businesses or
6 practices or in the performance of their official duties, as
7 the case may be; nor does this section apply to the possession
8 of such drugs by those persons or their agents or employees
9 for such use:
10 (a) A licensed pharmacist or any person under the
11 licensed pharmacist's supervision while acting within the
12 scope of the licensed pharmacist's practice;
13 (b) A licensed practitioner authorized by law to
14 prescribe legend drugs or any person under the licensed
15 practitioner's supervision while acting within the scope of
16 the licensed practitioner's practice;
17 (c) A qualified person who uses legend drugs for
18 lawful research, teaching, or testing, and not for resale;
19 (d) A licensed hospital or other institution that
20 procures such drugs for lawful administration or dispensing by
21 practitioners;
22 (e) An officer or employee of a federal, state, or
23 local government; or
24 (f) A person that holds a valid permit issued by the
25 department pursuant to ss. 499.001-499.081 which authorizes
26 that person to possess prescription drugs.
27
28 Reviser's note.--Amended to conform to the
29 correct citation to the referenced material.
30 Section 14, ch. 2000-326, Laws of Florida,
31 redesignated a reference to s. 499.003 as s.
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SB 282 First Engrossed
1 499.003(18), accounting for the deletion of
2 former s. 499.003(16) by that law. Section 34,
3 ch. 2000-242, Laws of Florida, added a new s.
4 499.003(11). The term "legend drug" continues
5 to be defined at s. 499.003(19).
6
7 Section 20. Paragraph (c) of subsection (1) of section
8 499.05, Florida Statutes, is amended to read:
9 499.05 Rules.--
10 (1) The department shall adopt rules to implement and
11 enforce ss. 499.001-499.081 with respect to:
12 (c) Application requirements, protocols, reporting
13 requirements, and requirements for submitting other
14 information to the department and the Florida Drug Technical
15 Review Panel, as required under the investigational drug
16 program.
17
18 Reviser's note.--Amended to delete obsolete
19 language. Provisions relating to the
20 investigational drug program and to the Florida
21 Drug Technical Review Panel were repealed by s.
22 10, ch. 2000-326, Laws of Florida.
23
24 Section 21. Subsection (1) of section 501.34, Florida
25 Statutes, is amended to read:
26 501.34 Enforcement.--
27 (1) Any violation of this part by an insurer shall be
28 deemed a violation of the Unfair Insurance Trade Practices
29 Act, part IX X, chapter 626.
30
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SB 282 First Engrossed
1 Reviser's note.--Amended to conform to the
2 redesignation of part X of chapter 626 as part
3 IX necessitated by the transfer of ss.
4 626.941-626.945, comprising former part IX, by
5 ch. 98-89, Laws of Florida.
6
7 Section 22. Section 514.0231, Florida Statutes, is
8 amended to read:
9 514.0231 Advisory committee to oversee sampling of
10 beach waters.--The Department of Health shall form an
11 interagency technical advisory committee to oversee the
12 performance of the study studies required in s. 514.023 and
13 section 6 of this act, and to advise it in rulemaking
14 pertaining to standards for public bathing places along the
15 coastal and intracoastal beaches and shores of the state.
16 Membership on the committee shall consist of equal numbers of
17 staff of the Department of Health and the Department of
18 Environmental Protection with expertise in the subject matter
19 of the study studies. Members shall be appointed by the
20 respective secretaries of these departments. The committee
21 shall be chaired by a representative from the Department of
22 Health.
23
24 Reviser's note.--Amended to conform to the veto
25 of section 6 of C.S. for S.B. 1412 (ch.
26 2000-309, Laws of Florida) by the Governor on
27 June 16, 2000.
28
29 Section 23. Subsection (9) of section 527.01, Florida
30 Statutes, is amended to read:
31 527.01 Definitions.--As used in this chapter:
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SB 282 First Engrossed
1 (9) "Category IV liquefied petroleum gas dispenser and
2 recreational vehicle servicer" means any person engaging in
3 the business of operating a liquefied petroleum gas dispensing
4 unit for the purpose of serving liquid product to the ultimate
5 consumer for industrial, commercial, or domestic use, and
6 selling or offering to sell, or leasing or offering to lease,
7 apparatus, appliances, and equipment for the use of liquefied
8 petroleum gas, and whose services include the installation,
9 service, or repair of recreational vehicle liquefied petroleum
10 gas appliances and equipment.
11
12 Reviser's note.--Amended to improve clarity.
13
14 Section 24. Paragraph (b) of subsection (2) of section
15 527.02, Florida Statutes, is amended to read:
16 527.02 License; penalty; fees.--
17 (2) In addition to the requirements of subsection (1),
18 any person applying for a license to engage in the activities
19 of a pipeline system operator, category I liquefied petroleum
20 gas dealer, category II liquefied petroleum gas dispenser,
21 category IV liquefied petroleum gas dispenser and recreational
22 vehicle servicer, LP gas installer, specialty installer,
23 requalification of cylinders, or fabricator, repairer, and
24 tester of vehicles and cargo tanks, must prove competency by
25 passing a written examination administered by the department
26 or its agent with a grade of 75 percent or above. Each
27 applicant for examination shall submit a $20 nonrefundable
28 fee. The department shall by rule specify the general areas of
29 competency to be covered by each examination and the relative
30 weight to be assigned in grading each area tested.
31
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SB 282 First Engrossed
1 (b) Qualifier cards issued to category I liquefied
2 petroleum gas dealers and liquefied petroleum gas installers
3 shall expire 3 years after the date of issuance. All category
4 I liquefied petroleum gas dealer qualifiers and liquefied
5 petroleum gas installer qualifiers holding a valid qualifier
6 card upon the effective date of this act shall retain their
7 qualifier status until July 1, 2003, and may sit for the
8 master qualifier examination at any time during that time
9 period. Alternatively, all category I liquefied petroleum gas
10 dealer qualifiers and liquefied petroleum gas installer
11 qualifiers may renew their qualification on or before July 1,
12 2003, upon application to the department, payment of a $20
13 renewal fee, and documentation of the completion of a minimum
14 of 12 hours approved continuing continuous education courses,
15 as defined by department rule, during the previous 3-year
16 period. Applications for renewal must be made 30 calender days
17 prior to expiration. Persons failing to renew prior to the
18 expiration date must reapply and take a qualifier competency
19 examination in order to reestablish category I liquefied
20 petroleum gas dealer qualifier and liquefied petroleum gas
21 installer qualifier status. In the event a category I
22 liquefied petroleum gas qualifier or liquefied petroleum gas
23 installer qualifier becomes a master qualifier at any time
24 during the effective date of the qualifier card, the card
25 shall remain in effect until expiration of the master
26 qualifier certification.
27
28 Reviser's note.--Amended to improve clarity and
29 facilitate correct interpretation.
30
31
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SB 282 First Engrossed
1 Section 25. Section 538.11, Florida Statutes, is
2 amended to read:
3 538.11 Powers and duties of department; rules.--The
4 same duties and privileges imposed by chapter 212 upon dealers
5 of tangible personal property respecting the keeping of books
6 and records and accounts and compliance with rules of the
7 department shall apply to and be binding upon all persons who
8 are subject to the provisions of this chapter. The department
9 shall administer, collect, and enforce the registration
10 authorized under this chapter pursuant to the same procedures
11 used in the administration, collection, and enforcement of the
12 general state sales tax imposed under chapter 212, except as
13 provided in this section. The provisions of chapter 212
14 regarding the keeping of records and books shall apply. The
15 department, under the applicable rules of the Career Service
16 Commission, is authorized to employ persons and incur other
17 expenses for which funds are appropriated by the Legislature.
18 The department is empowered to adopt such rules, and shall
19 prescribe and publish such forms, as may be necessary to
20 effectuate the purposes of this chapter. The Legislature
21 hereby finds that the failure to promptly implement the
22 provisions of this chapter would present an immediate threat
23 to the welfare of the state. Therefore, the executive director
24 of the department is hereby authorized to adopt emergency
25 rules pursuant to s. 120.54(4), for purposes of implementing
26 this chapter. Notwithstanding any other provision of law, such
27 emergency rules shall remain effective for 6 months from the
28 date of adoption. Other rules of the department related to and
29 in furtherance of the orderly implementation of the chapter
30 shall not be subject to a rule challenge under s. 120.56(2) or
31 a drawout proceeding under s. 120.54(3)(c)2. but, once
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SB 282 First Engrossed
1 adopted, shall be subject to an invalidity challenge under s.
2 120.56(3). Such rules shall be adopted by the Governor and
3 Cabinet and shall become effective upon filing with the
4 Department of State, notwithstanding the provisions of s.
5 120.54(3)(e)6.
6
7 Reviser's note.--Amended to delete language
8 that has served its purpose. The Career Service
9 Commission was repealed by s. 87, ch. 86-163,
10 Laws of Florida.
11
12 Section 26. Subsections (3) and (4) of section
13 550.2633, Florida Statutes, are repealed.
14
15 Reviser's note.--The cited subsections relate
16 to payment of moneys that escheated to the
17 state during specified time periods in 1992.
18
19 Section 27. Section 550.904, Florida Statutes, is
20 amended to read:
21 550.904 Entry into force.--This compact shall come
22 into force when enacted by any four states. Thereafter, this
23 compact shall become effective in any other state upon that
24 state's enactment of this compact and upon the affirmative
25 vote of a majority of the officials on the compact committee
26 as provided in s. 550.909 section 41.
27
28 Reviser's note.--Amended to correct an apparent
29 error and facilitate correct interpretation.
30 Section 41, ch. 2000-354, Laws of Florida, was
31 codified as s. 550.911 and relates to immunity
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SB 282 First Engrossed
1 from liability for specified compact committee
2 personnel. Section 39, ch. 2000-354, codified
3 as s. 550.909, relates to voting requirements
4 for the compact committee.
5
6 Section 28. Paragraph (b) of subsection (1) of section
7 550.912, Florida Statutes, is amended to read:
8 550.912 Rights and responsibilities of each party
9 state.--
10 (1) By enacting this compact, each party state:
11 (b) Agrees not to treat a notification to an applicant
12 by the compact committee described in s. 550.908 subsection
13 (3) of section 42 as the denial of a license, or to penalize
14 such an applicant in any other way based solely on such a
15 decision by the compact committee.
16
17 Reviser's note.--Amended to correct an apparent
18 error. Subsection (3) of s. 42, ch. 2000-354,
19 Laws of Florida, does not exist. Section 38,
20 ch. 2000-354, codified as s. 550.908, does
21 contain a subsection (3) relating to agreement
22 not to treat notification to an applicant by
23 the compact committee as denial of a license.
24
25 Section 29. Effective July 1, 2001, subsection (3) of
26 section 553.381, Florida Statutes, as amended by section 62 of
27 chapter 2000-141, Laws of Florida, is amended to read:
28 553.381 Manufacturer certification.--
29 (3) Certification of manufacturers under this section
30 shall be for a period of 3 years, subject to renewal by the
31 manufacturer. Upon application for renewal, the manufacturer
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SB 282 First Engrossed
1 must submit the information described in subsection (1) (2) or
2 a sworn statement that there has been no change in the status
3 or content of that information since the manufacturer's last
4 submittal. Fees for renewal of manufacturers' certification
5 shall be established by the commission by rule.
6
7 Reviser's note.--Amended to correct an apparent
8 error. Subsection (1) describes information to
9 be submitted. Subsection (2) relates to
10 revocation of certification.
11
12 Section 30. Section 553.507, Florida Statutes, is
13 amended to read:
14 553.507 Exemptions.--Sections 553.501-553.513 and s.
15 553.5041(4) 316.1955(4) do not apply to any of the following:
16 (1) Buildings, structures, or facilities that were
17 either under construction or under contract for construction
18 on October 1, 1997.
19 (2) Buildings, structures, or facilities that were in
20 existence on October 1, 1997, unless:
21 (a) The building, structure, or facility is being
22 converted from residential to nonresidential or mixed use, as
23 defined by local law;
24 (b) The proposed alteration or renovation of the
25 building, structure, or facility will affect usability or
26 accessibility to a degree that invokes the requirements of s.
27 303(a) of the Americans with Disabilities Act of 1990; or
28 (c) The original construction or any former alteration
29 or renovation of the building, structure, or facility was
30 carried out in violation of applicable permitting law.
31
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SB 282 First Engrossed
1 Reviser's note.--Amended to conform to the
2 repeal of former s. 316.1955(4) by s. 16, ch.
3 2000-141, Laws of Florida, and the enactment of
4 s. 553.5041(4), containing identical
5 provisions, by s. 66, ch. 2000-141.
6
7 Section 31. Paragraph (d) of subsection (1) of section
8 553.902, Florida Statutes, is amended to read:
9 553.902 Definitions.--For the purposes of this part:
10 (1) "Exempted building" means:
11 (d) Any historical building as described in s.
12 267.021(3) 267.021(6).
13
14 Reviser's note.--Amended to conform to the
15 redesignation of s. 267.021(6) as s. 267.021(3)
16 by s. 43, ch. 86-163, Laws of Florida.
17
18 Section 32. Effective July 1, 2001, paragraph (d) of
19 subsection (1) of section 553.902, Florida Statutes, as
20 amended by section 94 of chapter 2000-141, Laws of Florida, is
21 amended to read:
22 553.902 Definitions.--For the purposes of this part:
23 (1) "Exempted building" means:
24 (d) Any historical building as described in s.
25 267.021(3) 267.021(6).
26
27 The Florida Building Commission may recommend to the
28 Legislature additional types of buildings which should be
29 exempted from compliance with the Florida Energy Efficiency
30 Code for Building Construction.
31
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SB 282 First Engrossed
1 Reviser's note.--Amended to conform to the
2 redesignation of s. 267.021(6) as s. 267.021(3)
3 by s. 43, ch. 86-163, Laws of Florida.
4
5 Section 33. Subsection (6) of section 569.11, Florida
6 Statutes, is amended to read:
7 569.11 Possession, misrepresenting age or military
8 service to purchase, and purchase of tobacco products by
9 persons under 18 years of age prohibited; penalties;
10 jurisdiction; disposition of fines.--
11 (6) Eighty percent of all civil penalties received by
12 a county court pursuant to this section shall be transferred
13 to the Department of Education to provide for teacher training
14 and for research and evaluation to reduce and prevent the use
15 of tobacco products by children, pursuant to s. 233.067(4).
16 The remaining 20 percent of civil penalties received by a
17 county court pursuant to this section shall remain with the
18 clerk of the county court to cover administrative costs.
19
20 Reviser's note.--Amended to conform to the
21 repeal of s. 233.067 by s. 38, ch. 97-190, Laws
22 of Florida.
23
24 Section 34. Paragraph (h) of subsection (1) of section
25 570.21, Florida Statutes, is amended to read:
26 570.21 Publication of department's bulletins,
27 publications, and reports.--
28 (1) The Divisions of Administration and Marketing and
29 Development may publish bulletins or other publications and
30 reports containing data and statistics and information
31 relating to:
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SB 282 First Engrossed
1 (h) Any other matter of an agricultural nature which
2 the department deems proper and that is not within the
3 jurisdiction of the agricultural experiment station or the,
4 agricultural extension service, or the Division of Economic
5 Development of the Department of Commerce.
6
7 Reviser's note.--Amended to delete obsolete
8 language relating to the Department of Commerce
9 as created by s. 20.17. Section 20.17 was
10 repealed by s. 3, ch. 96-320, Laws of Florida.
11
12 Section 35. Subsection (8) of section 576.045, Florida
13 Statutes, is amended to read:
14 576.045 Nitrate; findings and intent; fees; purpose;
15 best-management practices; waiver of liability; compliance;
16 rules; report; exclusions; expiration.--
17 (8) EXPIRATION OF PROVISIONS.--Subsections (1), (2),
18 (3), (4), and (6), and (7) expire on December 31, 2003.
19 Subsections (5) and (7) (8) expire on December 31, 2008.
20
21 Reviser's note.--Amended to conform to the
22 repeal of former subsection (7) by s. 77, ch.
23 2000-158, Laws of Florida, and to conform to
24 the redesignation of subsection (8) as
25 subsection (7) necessitated by that repeal.
26
27 Section 36. Subsection (1) of section 589.065, Florida
28 Statutes, is amended to read:
29 589.065 Florida Forever Program Trust Fund of the
30 Department of Agriculture and Consumer Services.--
31
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SB 282 First Engrossed
1 (1) There is created a Florida Forever Program Trust
2 Fund within the Department of Agriculture and Consumer
3 Services to carry out the duties of the department under the
4 Florida Forever Act as specified in s. 259.105(3)(f)
5 259.105(3)(e). The trust fund shall receive funds pursuant to
6 s. 259.105(3)(f) 259.105(3)(e).
7
8 Reviser's note.--Amended to conform to the
9 redesignation of s. 259.105(3)(e) as s.
10 259.105(3)(f) by s. 11, ch. 2000-170, Laws of
11 Florida.
12
13 Section 37. Paragraph (k) of subsection (1) of section
14 597.003, Florida Statutes, is amended to read:
15 597.003 Powers and duties of Department of Agriculture
16 and Consumer Services.--
17 (1) The department is hereby designated as the lead
18 agency in encouraging the development of aquaculture in the
19 state and shall have and exercise the following functions,
20 powers, and duties with regard to aquaculture:
21 (k) Make available state lands and the water column
22 for the purpose of producing aquaculture products when the
23 aquaculture activity is compatible with state resource
24 management goals, environmental protection, and proprietary
25 propriety interest and when such state lands and waters are
26 determined to be suitable for aquaculture development by the
27 Board of Trustees of the Internal Improvement Trust Fund
28 pursuant to s. 253.68; and be responsible for all saltwater
29 aquaculture activities located on sovereignty submerged land
30 or in the water column above such land and adjacent facilities
31 directly related to the aquaculture activity.
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SB 282 First Engrossed
1 1. The department shall act in cooperation with other
2 state and local agencies and programs to identify and
3 designate sovereignty lands and waters that would be suitable
4 for aquaculture development.
5 2. The department shall identify and evaluate specific
6 tracts of sovereignty submerged lands and water columns in
7 various areas of the state to determine where such lands and
8 waters are suitable for leasing for aquaculture purposes.
9 Nothing in this subparagraph or subparagraph 1. shall preclude
10 the applicant from applying for sites identified by the
11 applicant.
12 3. The department shall provide assistance in
13 developing technologies applicable to aquaculture activities,
14 evaluate practicable production alternatives, and provide
15 agreements to develop innovative culture practices.
16
17 Reviser's note.--Amended to improve clarity and
18 facilitate correct interpretation.
19
20 Section 38. Paragraph (a) of subsection (2) of section
21 597.0041, Florida Statutes, is amended to read:
22 597.0041 Prohibited acts; penalties.--
23 (2)(a) Any person who violates any provision of this
24 chapter or any rule promulgated hereunder is subject to a
25 suspension or revocation of his or her certificate of
26 registration or license under this chapter. The department
27 may, in lieu of, or in addition to the suspension or of
28 revocation, impose on the violator an administrative fine in
29 an amount not to exceed $1,000 per violation per day.
30
31
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SB 282 First Engrossed
1 Reviser's note.--Amended to improve clarity and
2 facilitate correct interpretation.
3
4 Section 39. Paragraph (g) of subsection (2) of section
5 607.1901, Florida Statutes, is amended to read:
6 607.1901 Corporations Trust Fund creation; transfer of
7 funds.--
8 (2)
9 (g) The division shall transfer from the trust fund to
10 the Historical Resources Operating Trust Fund, quarterly,
11 prorations transferring $2 million each fiscal year, to be
12 used as provided in s. 267.0617 267.0671.
13
14 Reviser's note.--Amended to improve clarity and
15 facilitate correct interpretation. Section
16 267.0671 does not exist; s. 267.0617 relates to
17 the Historic Preservation Grant Program and the
18 Historical Resources Operating Trust Fund.
19
20 Section 40. Subsection (9) of section 617.1622,
21 Florida Statutes, is amended to read:
22 617.1622 Annual report for Department of State.--
23 (9) The department shall prescribe the forms on which
24 to make the annual report called for in this section and may
25 substitute the uniform business report, pursuant to s. 606.06,
26 as a means of satisfying the requirement of this section part.
27
28 Reviser's note.--Amended to correct an apparent
29 error. Chapter 617 is not divided into parts.
30
31
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SB 282 First Engrossed
1 Section 41. Subsection (6) of section 620.8101,
2 Florida Statutes, is amended to read:
3 620.8101 Definitions.--As used in this act, the term:
4 (6) "Limited liability partnership" means a registered
5 limited liability partnership registered under former ss.
6 620.78-620.789 immediately prior to the effective date of this
7 act or a partnership that has filed a statement of
8 qualification under s. 620.9001 and has not filed a similar
9 statement in any other jurisdiction.
10
11 Reviser's note.--Amended to conform to the
12 repeal of ss. 620.78-620.789 by s. 36, ch.
13 99-285, Laws of Florida.
14
15 Section 42. Paragraph (a) of subsection (1) of section
16 620.9901, Florida Statutes, is amended to read:
17 620.9901 Applicability.--
18 (1) Beginning January 1, 1996, and ending January 1,
19 1998, the Revised Uniform Partnership Act of 1995 governs only
20 a partnership formed:
21 (a) On or after January 1, 1996, unless such
22 partnership is continuing the business of a dissolved
23 partnership under former s. 620.76; and
24
25 Reviser's note.--Amended to conform to the
26 repeal of s. 620.76 by s. 24, ch. 99-4, Laws of
27 Florida.
28
29 Section 43. Subparagraph 1. of paragraph (b) of
30 subsection (1) of section 624.408, Florida Statutes, is
31 repealed.
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SB 282 First Engrossed
1 Reviser's note.--Repealed to delete a provision
2 that has served its purpose. The cited
3 subparagraph sets a required amount of surplus
4 for December 31, 1999, through December 30,
5 2000, for casualty insurers holding a
6 certificate of authority on December 1, 1993.
7
8 Section 44. Paragraph (b) of subsection (7) of section
9 626.112, Florida Statutes, is amended to read:
10 626.112 License and appointment required; agents,
11 customer representatives, solicitors, adjusters, insurance
12 agencies, service representatives, managing general agents.--
13 (7)
14 (b) An insurance agency shall, as a condition
15 precedent to continuing business, obtain an insurance agency
16 license if the department finds that, with respect to any
17 majority owner, partner, manager, director, officer, or other
18 person who manages or controls the agency, any person has,
19 subsequent to the effective date of this act:
20 1. Been found guilty of, or has pleaded guilty or nolo
21 contendere to, a felony in this state or any other state
22 relating to the business of insurance or to an insurance
23 agency, without regard to whether a judgment of conviction has
24 been entered by the court having jurisdiction of the cases.
25 2. Employed any individual in a managerial capacity or
26 in a capacity dealing with the public who is under an order of
27 revocation or suspension issued by the department. An
28 insurance agency may request, on forms prescribed by the
29 department, verification of any person's license status. If a
30 request is mailed within 5 working days after an employee is
31 hired, and the employee's license is currently suspended or
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SB 282 First Engrossed
1 revoked, the agency shall not be required to obtain a license,
2 if the unlicensed person's employment is immediately
3 terminated.
4 3. Operated the agency or permitted the agency to be
5 operated in violation of s. 626.747.
6 4. With such frequency as to have made the operation
7 of the agency hazardous to the insurance-buying public or
8 other persons:
9 a. Solicited or handled controlled business. This
10 subparagraph shall not prohibit the licensing of any lending
11 or financing institution or creditor, with respect to
12 insurance only, under credit life or disability insurance
13 policies of borrowers from the institutions, which policies
14 are subject to part IX of chapter 627.
15 b. Misappropriated, converted, or unlawfully withheld
16 moneys belonging to insurers, insureds, beneficiaries, or
17 others and received in the conduct of business under the
18 license.
19 c. Unlawfully rebated, attempted to unlawfully rebate,
20 or unlawfully divided or offered to divide commissions with
21 another.
22 d. Misrepresented any insurance policy or annuity
23 contract, or used deception with regard to any policy or
24 contract, done either in person or by any form of
25 dissemination of information or advertising.
26 e. Violated any provision of this code or any other
27 law applicable to the business of insurance in the course of
28 dealing under the license.
29 f. Violated any lawful order or rule of the
30 department.
31
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SB 282 First Engrossed
1 g. Failed or refused, upon demand, to pay over to any
2 insurer he or she represents or has represented any money
3 coming into his or her hands belonging to the insurer.
4 h. Violated the provision against twisting as defined
5 in s. 626.9541(1)(l).
6 i. In the conduct of business, engaged in unfair
7 methods of competition or in unfair or deceptive acts or
8 practices, as prohibited under part IX X of this chapter.
9 j. Willfully overinsured any property insurance risk.
10 k. Engaged in fraudulent or dishonest practices in the
11 conduct of business arising out of activities related to
12 insurance or the insurance agency.
13 l. Demonstrated lack of fitness or trustworthiness to
14 engage in the business of insurance arising out of activities
15 related to insurance or the insurance agency.
16 m. Authorized or knowingly allowed individuals to
17 transact insurance who were not then licensed as required by
18 this code.
19 5. Knowingly employed any person who within the
20 preceding 3 years has had his or her relationship with an
21 agency terminated in accordance with paragraph (d).
22 6. Willfully circumvented the requirements or
23 prohibitions of this code.
24
25 Reviser's note.--Amended to conform to the
26 redesignation of part X of chapter 626 as part
27 IX necessitated by the transfer of ss.
28 626.941-626.945, comprising former part IX, by
29 ch. 98-89, Laws of Florida.
30
31
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SB 282 First Engrossed
1 Section 45. Subsection (6) of section 626.621, Florida
2 Statutes, is amended to read:
3 626.621 Grounds for discretionary refusal, suspension,
4 or revocation of agent's, solicitor's, adjuster's, customer
5 representative's, service representative's, or managing
6 general agent's license or appointment.--The department may,
7 in its discretion, deny an application for, suspend, revoke,
8 or refuse to renew or continue the license or appointment of
9 any applicant, agent, solicitor, adjuster, customer
10 representative, service representative, or managing general
11 agent, and it may suspend or revoke the eligibility to hold a
12 license or appointment of any such person, if it finds that as
13 to the applicant, licensee, or appointee any one or more of
14 the following applicable grounds exist under circumstances for
15 which such denial, suspension, revocation, or refusal is not
16 mandatory under s. 626.611:
17 (6) In the conduct of business under the license or
18 appointment, engaging in unfair methods of competition or in
19 unfair or deceptive acts or practices, as prohibited under
20 part IX X of this chapter, or having otherwise shown himself
21 or herself to be a source of injury or loss to the public or
22 detrimental to the public interest.
23
24 Reviser's note.--Amended to conform to the
25 redesignation of part X of chapter 626 as part
26 IX necessitated by the transfer of ss.
27 626.941-626.945, comprising former part IX, by
28 ch. 98-89, Laws of Florida.
29
30 Section 46. Paragraph (h) of subsection (5) of section
31 626.6215, Florida Statutes, is amended to read:
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SB 282 First Engrossed
1 626.6215 Grounds for discretionary refusal,
2 suspension, or revocation of insurance agency license.--The
3 department may, in its discretion, deny, suspend, revoke, or
4 refuse to continue the license of any insurance agency if it
5 finds, as to any insurance agency or as to any majority owner,
6 partner, manager, director, officer, or other person who
7 manages or controls such insurance agency, that any one or
8 more of the following applicable grounds exist:
9 (5) Committing any of the following acts with such
10 frequency as to have made the operation of the agency
11 hazardous to the insurance-buying public or other persons:
12 (h) In the conduct of business under the license,
13 engaging in unfair methods of competition or in unfair or
14 deceptive acts or practices as prohibited under part IX X of
15 this chapter.
16
17 Reviser's note.--Amended to conform to the
18 redesignation of part X of chapter 626 as part
19 IX necessitated by the transfer of ss.
20 626.941-626.945, comprising former part IX, by
21 ch. 98-89, Laws of Florida.
22
23 Section 47. Subsection (2) of section 626.797, Florida
24 Statutes, is amended to read:
25 626.797 Code of ethics.--
26 (2) The code of ethics shall apply standards of
27 conduct designed to avoid the commission of acts or the
28 existence of circumstances which would constitute grounds for
29 suspension, revocation, or refusal of license under ss.
30 626.611 and 626.621 and to avoid the use of unfair trade
31
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SB 282 First Engrossed
1 practices and unfair methods of competition which would be in
2 violation of any provision of part IX X.
3
4 Reviser's note.--Amended to conform to the
5 redesignation of part X of chapter 626 as part
6 IX necessitated by the transfer of ss.
7 626.941-626.945, comprising former part IX, by
8 ch. 98-89, Laws of Florida.
9
10 Section 48. Subsection (5) of section 626.844, Florida
11 Statutes, is amended to read:
12 626.844 Grounds for discretionary refusal, suspension,
13 or revocation of license or appointment.--The department may,
14 in its discretion, deny, suspend, revoke, or refuse to renew
15 or continue the license or appointment of any title insurance
16 agent or agency, and it may suspend or revoke the eligibility
17 to hold a license or appointment of any such title insurance
18 agent or agency if it finds that as to the applicant or
19 licensee or appointee, or any principal thereof, any one or
20 more of the following grounds exist under circumstances for
21 which such denial, suspension, revocation, or refusal is not
22 mandatory under s. 626.8437:
23 (5) Engaging in unfair methods of competition or in
24 unfair or deceptive acts or practices in the conduct of
25 business, as prohibited under part IX X of this chapter, or
26 having otherwise shown himself or herself to be a source of
27 injury or loss to the public or to be detrimental to the
28 public interest.
29
30 Reviser's note.--Amended to conform to the
31 redesignation of part X of chapter 626 as part
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SB 282 First Engrossed
1 IX necessitated by the transfer of ss.
2 626.941-626.945, comprising former part IX, by
3 ch. 98-89, Laws of Florida.
4
5 Section 49. Paragraph (b) of subsection (1) of section
6 626.8734, Florida Statutes, is amended to read:
7 626.8734 Nonresident independent adjuster's
8 qualifications.--
9 (1) The department shall, upon application therefor,
10 issue a license to an applicant for a nonresident independent
11 adjuster's license upon determining that the applicant has
12 paid the applicable license fees required under s. 624.501
13 and:
14 (b) Has passed to the satisfaction of the department a
15 written Florida independent adjuster's examination of the
16 scope prescribed in s. 626.241(6) 626.214(6); however, the
17 requirement for the examination does not apply to any of the
18 following:
19 1. An applicant who is licensed as a resident
20 independent adjuster in his or her state of residence when
21 that state requires the passing of a written examination in
22 order to obtain the license and a reciprocal agreement with
23 the appropriate official of that state has been entered into
24 by the department; or
25 2. An applicant who is licensed as a nonresident
26 independent adjuster in a state other than his or her state of
27 residence when the state of licensure requires the passing of
28 a written examination in order to obtain the license and a
29 reciprocal agreement with the appropriate official of the
30 state of licensure has been entered into by the department.
31
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SB 282 First Engrossed
1 Reviser's note.--Amended to facilitate correct
2 interpretation. Section 626.214 does not exist;
3 s. 626.241(6) provides for the scope of the
4 examination.
5
6 Section 50. Subsection (2) of section 626.909, Florida
7 Statutes, is amended to read:
8 626.909 Jurisdiction of department; service of process
9 on Secretary of State.--
10 (2) In addition to the procedure for service of
11 process on unauthorized insurers or persons representing or
12 aiding such insurers contained in ss. 626.906 and 626.907, the
13 department shall have the right to bring any action, suit, or
14 proceeding in the name of the state or conduct any proceeding,
15 examination, or hearing provided for in this code against any
16 unauthorized insurer or person representing or aiding such
17 insurer for violation of any lawful order of the department or
18 any provision of this code, specifically including but not
19 limited to the regulation of trade practices provided for in
20 part IX X of this chapter, if the insurer or person
21 representing or aiding such insurer transacts insurance in
22 this state as defined in ss. 624.10 and 626.906 and the
23 insurer does not transact such business under a subsisting
24 certificate of authority as required by s. 624.401. In the
25 event the transaction of business is done by mail, the venue
26 of the act is at the point where the matter transmitted by
27 mail is delivered and takes effect.
28
29 Reviser's note.--Amended to conform to the
30 redesignation of part X of chapter 626 as part
31 IX necessitated by the transfer of ss.
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SB 282 First Engrossed
1 626.941-626.945, comprising former part IX, by
2 ch. 98-89, Laws of Florida.
3
4 Section 51. Subsection (10) of section 626.9911,
5 Florida Statutes, is amended to read:
6 626.9911 Definitions.--As used in this act, the term:
7 (10) "Viatical settlement purchaser" means a person,
8 other than a licensee under this part, an accredited investor
9 as defined in Rule 501, Regulation D of the Securities Act
10 Rules, or a qualified institutional buyer as defined by Rule
11 144(a) of the Federal Securities Act, or a special purpose
12 entity who gives a sum of money as consideration for a life
13 insurance policy or an equitable or legal interest in the
14 death benefits of a life insurance policy which has been or
15 will be the subject of a viatical settlement contract, for the
16 purpose of deriving an economic benefit. The above references
17 to Rule 501, Regulation D and Rule 144(a) of the Federal
18 Securities Act are used strictly for defining purposes and
19 shall not be interpreted in any other manner. Any person who
20 claims to be an accredited investor shall sign an affidavit
21 stating that he or she is an accredited investor, the basis of
22 that claim, and that he or she understands that as an
23 accredited investor he or she will not be entitled to certain
24 protections of the Viatical Settlement Act. This affidavit
25 must be kept with other documents required to be maintained by
26 this act.
27
28 Reviser's note.--Amended to improve clarity.
29 The full title of material relating to viatical
30 settlements in part X of chapter 626 is the
31 "Viatical Settlement Act."
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SB 282 First Engrossed
1 Section 52. Subsection (2) of section 626.99275,
2 Florida Statutes, is amended to read:
3 626.99275 Prohibited practices; penalties.--
4 (2) A person who violates any provision of this
5 section commits:
6 (a) A felony of the third degree, punishable as
7 provided in s. 775.082, s. 775.083 774.083, or s. 775.084, if
8 the insurance policy involved is valued at any amount less
9 than $20,000.
10 (b) A felony of the second degree, punishable as
11 provided in s. 775.082, s. 775.083 774.083, or s. 775.084, if
12 the insurance policy involved is valued at $20,000 or more,
13 but less than $100,000.
14 (c) A felony of the first degree, punishable as
15 provided in s. 775.082, s. 775.083 774.083, or s. 775.084, if
16 the insurance policy involved is valued at $100,000 or more.
17
18 Reviser's note.--Amended to facilitate correct
19 interpretation. Section 774.083 does not exist;
20 s. 775.083 relates to fines for criminal acts.
21
22 Section 53. Subsection (3) of section 627.031, Florida
23 Statutes, is amended to read:
24 627.031 Purposes of this part; interpretation.--
25 (3) Nothing in this part shall be construed to repeal
26 or modify the provisions of part IX X of chapter 626, relating
27 to unfair trade practices.
28
29 Reviser's note.--Amended to conform to the
30 redesignation of part X of chapter 626 as part
31 IX necessitated by the transfer of ss.
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SB 282 First Engrossed
1 626.941-626.945, comprising former part IX, by
2 ch. 98-89, Laws of Florida.
3
4 Section 54. Subsection (4) of section 627.062, Florida
5 Statutes, is amended to read:
6 627.062 Rate standards.--
7 (4) The establishment of any rate, rating
8 classification, rating plan or schedule, or variation thereof
9 in violation of part IX X of chapter 626 is also in violation
10 of this section.
11
12 Reviser's note.--Amended to conform to the
13 redesignation of part X of chapter 626 as part
14 IX necessitated by the transfer of ss.
15 626.941-626.945, comprising former part IX, by
16 ch. 98-89, Laws of Florida.
17
18 Section 55. Section 627.0661, Florida Statutes, is
19 repealed.
20
21 Reviser's note.--Repealed to delete obsolete
22 language relating to insurers exempt from the
23 excess profit requirements. Section
24 624.509(10), describing these insurers, was
25 repealed by s. 39, ch. 92-173, Laws of Florida.
26
27 Section 56. Subsection (4) of section 627.357, Florida
28 Statutes, is amended to read:
29 627.357 Medical malpractice self-insurance.--
30 (4) The fund is subject to regulation and
31 investigation by the department. The fund is subject to rules
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SB 282 First Engrossed
1 of the department and to part IX X of chapter 626, relating to
2 trade practices and frauds.
3
4 Reviser's note.--Amended to conform to the
5 redesignation of part X of chapter 626 as part
6 IX necessitated by the transfer of ss.
7 626.941-626.945, comprising former part IX, by
8 ch. 98-89, Laws of Florida.
9
10 Section 57. Subsection (10) of section 627.481,
11 Florida Statutes, is amended to read:
12 627.481 Requirements for certain annuity agreements.--
13 (10) The provisions of part IX X of chapter 626, apply
14 to issuers of annuity agreements under this section.
15
16 Reviser's note.--Amended to conform to the
17 redesignation of part X of chapter 626 as part
18 IX necessitated by the transfer of ss.
19 626.941-626.945, comprising former part IX, by
20 ch. 98-89, Laws of Florida.
21
22 Section 58. Paragraph (b) of subsection (2) of section
23 627.6487, Florida Statutes, is amended to read:
24 627.6487 Guaranteed availability of individual health
25 insurance coverage to eligible individuals.--
26 (2) For the purposes of this section:
27 (b) "Individual health insurance" means health
28 insurance, as defined in s. 627.6561(5)(a)2., which is offered
29 to an individual, including certificates of coverage offered
30 to individuals in this state as part of a group policy issued
31 to an association outside this state, but the term does not
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SB 282 First Engrossed
1 include short-term limited duration insurance or excepted
2 benefits specified in s. 627.6561(5)(b) 624.6561(5)(b) or, if
3 the benefits are provided under a separate policy,
4 certificate, or contract, the term does not include excepted
5 benefits specified in s. 627.6561(5)(c), (d), or (e).
6
7 Reviser's note.--Amended to facilitate correct
8 interpretation. Section 624.6561(5)(b) does not
9 exist; s. 627.6561(5)(b) relates to excepted
10 benefits.
11
12 Section 59. Paragraph (i) of subsection (11) and
13 paragraph (e) of subsection (12) of section 627.6699, Florida
14 Statutes, are amended to read:
15 627.6699 Employee Health Care Access Act.--
16 (11) SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.--
17 (i) If a health benefit plan for a small employer
18 issued in accordance with this subsection is entirely or
19 partially reinsured with the program, the premium charged to
20 the small employer for any rating period for the coverage
21 issued must be consistent with the requirements relating to
22 premium rates set forth in this section s. 627.4106.
23 (12) STANDARD, BASIC, AND LIMITED HEALTH BENEFIT
24 PLANS.--
25 (e) A small employer carrier may not use any policy,
26 contract, form, or rate under this section, including
27 applications, enrollment forms, policies, contracts,
28 certificates, evidences of coverage, riders, amendments,
29 endorsements, and disclosure forms, until the insurer has
30 filed it with the department and the department has approved
31 it under ss. 627.410, 627.4106, and 627.411 and this section.
45
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SB 282 First Engrossed
1 Reviser's note.--Amended to conform to the
2 repeal of s. 627.4106 by s. 83, ch. 93-129,
3 Laws of Florida. Material relating to small
4 employer health benefit plan rates and filing
5 was added to s. 627.6699 by s. 65, ch. 93-129.
6
7 Section 60. Section 627.6735, Florida Statutes, is
8 amended to read:
9 627.6735 Order to discontinue certain advertising.--An
10 insurer must file with the department all advertisements for
11 Medicare supplement policies pursuant to rules adopted by the
12 department. If, in the opinion of the department, any
13 advertisement by a Medicare supplement policy insurer violates
14 any of the provisions of part IX X of chapter 626 or any rule
15 of the department, the department may enter an immediate order
16 requiring that the use of the advertisement be discontinued.
17 If requested by the insurer, the department shall conduct a
18 hearing within 10 days of the entry of such order. If, after
19 the hearing or by agreement with the insurer, a final
20 determination is made that the advertising was in fact
21 violative of any provision of part IX X of chapter 626 or of
22 any rule of the department, the department may, in lieu of
23 revocation of the certificate of authority, require the
24 publication of a corrective advertisement; impose an
25 administrative penalty of up to $10,000; and, in the case of
26 an initial solicitation, require that the insurer, prior to
27 accepting any application received in response to the
28 advertisement, provide an acceptable clarification of the
29 advertisement to each individual applicant.
30
31
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SB 282 First Engrossed
1 Reviser's note.--Amended to conform to the
2 redesignation of part X of chapter 626 as part
3 IX necessitated by the transfer of ss.
4 626.941-626.945, comprising former part IX, by
5 ch. 98-89, Laws of Florida.
6
7 Section 61. Subsection (1) of section 627.736, Florida
8 Statutes, is amended to read:
9 627.736 Required personal injury protection benefits;
10 exclusions; priority; claims.--
11 (1) REQUIRED BENEFITS.--Every insurance policy
12 complying with the security requirements of s. 627.733 shall
13 provide personal injury protection to the named insured,
14 relatives residing in the same household, persons operating
15 the insured motor vehicle, passengers in such motor vehicle,
16 and other persons struck by such motor vehicle and suffering
17 bodily injury while not an occupant of a self-propelled
18 vehicle, subject to the provisions of subsection (2) and
19 paragraph (4)(d), to a limit of $10,000 for loss sustained by
20 any such person as a result of bodily injury, sickness,
21 disease, or death arising out of the ownership, maintenance,
22 or use of a motor vehicle as follows:
23 (a) Medical benefits.--Eighty percent of all
24 reasonable expenses for necessary medical, surgical, X-ray,
25 dental, and rehabilitative services, including prosthetic
26 devices, and necessary ambulance, hospital, and nursing
27 services. Such benefits shall also include necessary remedial
28 treatment and services recognized and permitted under the laws
29 of the state for an injured person who relies upon spiritual
30 means through prayer alone for healing, in accordance with his
31 or her religious beliefs.
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SB 282 First Engrossed
1 (b) Disability benefits.--Sixty percent of any loss of
2 gross income and loss of earning capacity per individual from
3 inability to work proximately caused by the injury sustained
4 by the injured person, plus all expenses reasonably incurred
5 in obtaining from others ordinary and necessary services in
6 lieu of those that, but for the injury, the injured person
7 would have performed without income for the benefit of his or
8 her household. All disability benefits payable under this
9 provision shall be paid not less than every 2 weeks.
10 (c) Death benefits.--Death benefits of $5,000 per
11 individual. The insurer may pay such benefits to the executor
12 or administrator of the deceased, to any of the deceased's
13 relatives by blood or legal adoption or connection by
14 marriage, or to any person appearing to the insurer to be
15 equitably entitled thereto.
16
17 Only insurers writing motor vehicle liability insurance in
18 this state may provide the required benefits of this section,
19 and no such insurer shall require the purchase of any other
20 motor vehicle coverage other than the purchase of property
21 damage liability coverage as required by s. 627.7275 as a
22 condition for providing such required benefits. Insurers may
23 not require that property damage liability insurance in an
24 amount greater than $10,000 be purchased in conjunction with
25 personal injury protection. Such insurers shall make benefits
26 and required property damage liability insurance coverage
27 available through normal marketing channels. Any insurer
28 writing motor vehicle liability insurance in this state who
29 fails to comply with such availability requirement as a
30 general business practice shall be deemed to have violated
31 part IX X of chapter 626, and such violation shall constitute
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SB 282 First Engrossed
1 an unfair method of competition or an unfair or deceptive act
2 or practice involving the business of insurance; and any such
3 insurer committing such violation shall be subject to the
4 penalties afforded in such part, as well as those which may be
5 afforded elsewhere in the insurance code.
6
7 Reviser's note.--Amended to conform to the
8 redesignation of part X of chapter 626 as part
9 IX necessitated by the transfer of ss.
10 626.941-626.945, comprising former part IX, by
11 ch. 98-89, Laws of Florida.
12
13 Section 62. Section 627.9403, Florida Statutes, is
14 amended to read:
15 627.9403 Scope.--The provisions of this part shall
16 apply to long-term care insurance policies delivered or issued
17 for delivery in this state, and to policies delivered or
18 issued for delivery outside this state to the extent provided
19 in s. 627.9406, by an insurer, a fraternal benefit society as
20 defined in s. 632.601, a health care services plan as defined
21 in s. 641.01, a health maintenance organization as defined in
22 s. 641.19, a prepaid health clinic as defined in s. 641.402,
23 or a multiple-employer welfare arrangement as defined in s.
24 624.437. A policy which is advertised, marketed, or offered as
25 a long-term care policy and as a Medicare supplement policy
26 shall meet the requirements of this part and the requirements
27 of ss. 627.671-627.675 and, to the extent of a conflict, be
28 subject to the requirement that is more favorable to the
29 policyholder or certificateholder. The provisions of this
30 part shall not apply to a continuing care contract issued
31 pursuant to chapter 651 and shall not apply to guaranteed
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SB 282 First Engrossed
1 renewable policies issued prior to October 1, 1988. Any
2 limited benefit policy that limits coverage to care in a
3 nursing home or to one or more lower levels of care required
4 or authorized to be provided by this part or by department
5 rule must meet all requirements of this part that apply to
6 long-term care insurance policies, except ss. 627.9407(3)(c),
7 (9), (10)(f), and (12) and 627.94073(2). If the limited
8 benefit policy does not provide coverage for care in a nursing
9 home, but does provide coverage for one or more lower levels
10 of care, the policy shall also be exempt from the requirements
11 of s. 627.9407(3)(d).
12
13 Reviser's note.--Amended to conform to the
14 repeal of s. 641.01 by s. 185, ch. 91-108, Laws
15 of Florida.
16
17 Section 63. Subsection (2) of section 627.9407,
18 Florida Statutes, is amended to read:
19 627.9407 Disclosure, advertising, and performance
20 standards for long-term care insurance.--
21 (2) ADVERTISING.--The department shall adopt rules
22 setting forth standards for advertising, marketing, and sale
23 of long-term care policies in order to protect applicants from
24 unfair or deceptive sales or enrollment practices. An insurer
25 shall file with the department any long-term care insurance
26 advertising material intended for use in this state at least
27 30 days before the date of use of the advertisement in this
28 state. Within 30 days after the date of receipt of the
29 advertising material, the department shall review the material
30 and shall disapprove any advertisement if, in the opinion of
31 the department, such advertisement violates any of the
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SB 282 First Engrossed
1 provisions of this part or of part IX X of chapter 626 or any
2 rule of the department. The department may disapprove an
3 advertisement at any time and enter an immediate order
4 requiring that the use of the advertisement be discontinued if
5 it determines that the advertisement violates any of the
6 provisions of this part or of part IX X of chapter 626 or any
7 rule of the department.
8
9 Reviser's note.--Amended to conform to the
10 redesignation of part X of chapter 626 as part
11 IX necessitated by the transfer of ss.
12 626.941-626.945, comprising former part IX, by
13 ch. 98-89, Laws of Florida.
14
15 Section 64. Paragraph (h) of subsection (3) of section
16 627.94072, Florida Statutes, is amended to read:
17 627.94072 Mandatory offers.--
18 (3) For purposes of this section, the nonforfeiture
19 protection provision providing a shortened benefit period
20 shall, at a minimum, provide the following:
21 (h) Premiums charged for a policy or certificate
22 containing nonforfeiture benefits shall be subject to the loss
23 ratio requirements of s. 627.9407(6) 626.9407(6) treating the
24 policy as a whole.
25
26 Reviser's note.--Amended to facilitate correct
27 interpretation. Section 626.9407(6) does not
28 exist; s. 627.9407(6) relates to loss ratio and
29 reserve standards.
30
31
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SB 282 First Engrossed
1 Section 65. Subsection (5) of section 627.944, Florida
2 Statutes, is amended to read:
3 627.944 Risk retention groups not certificated in this
4 state.--Risk retention groups certificated or licensed in
5 states other than this state and seeking to do business as a
6 risk retention group in this state must observe and abide by
7 the laws of this state as follows:
8 (5) DECEPTIVE, FALSE, OR FRAUDULENT PRACTICES.--Any
9 risk retention group shall comply with and be subject to the
10 laws of this state regarding deceptive, false, or fraudulent
11 acts or practices, including the provisions of part IX X of
12 chapter 626. If the department seeks an injunction regarding
13 conduct in violation of these laws, the injunction may be
14 obtained from any Florida court of competent jurisdiction.
15
16 Reviser's note.--Amended to conform to the
17 redesignation of part X of chapter 626 as part
18 IX necessitated by the transfer of ss.
19 626.941-626.945, comprising former part IX, by
20 ch. 98-89, Laws of Florida.
21
22 Section 66. Paragraph (c) of subsection (2) and
23 paragraph (c) of subsection (3) of section 628.909, Florida
24 Statutes, are amended to read:
25 628.909 Applicability of other laws.--
26 (2) The following provisions of the Florida Insurance
27 Code shall apply to captive insurers who are not industrial
28 insured captive insurers to the extent that such provisions
29 are not inconsistent with this part:
30 (c) Chapter 626, part IX X.
31
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SB 282 First Engrossed
1 (3) The following provisions of the Florida Insurance
2 Code shall apply to industrial insured captive insurers to the
3 extent that such provisions are not inconsistent with this
4 part:
5 (c) Chapter 626, part IX X.
6
7 Reviser's note.--Amended to conform to the
8 redesignation of part X of chapter 626 as part
9 IX necessitated by the transfer of ss.
10 626.941-626.945, comprising former part IX, by
11 ch. 98-89, Laws of Florida.
12
13 Section 67. Subsection (8) of section 631.718, Florida
14 Statutes, is amended to read:
15 631.718 Assessments.--
16 (8) The association shall issue to each insurer paying
17 an assessment under this part, other than a Class A
18 assessment, a certificate of contribution, in a form
19 prescribed by the department, for the amount of the assessment
20 so paid. All outstanding certificates are of equal dignity
21 and priority without reference to amounts or dates of issue.
22 A certificate of contribution may be shown by the insurer in
23 its financial statement as an asset in such form and for such
24 amount, if any, and period of time as the department approves.
25 However, any amount offset pursuant to s. 631.72 631.720 may
26 not be shown as an asset of the insurer on any of its
27 financial statements.
28
29 Reviser's note.--Amended to facilitate correct
30 interpretation. Section 631.720 does not exist;
31 s. 631.72 relates to offset.
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SB 282 First Engrossed
1 Section 68. Paragraph (a) of subsection (1) of section
2 631.911, Florida Statutes, is amended to read:
3 631.911 Creation of the Florida Workers' Compensation
4 Insurance Guaranty Association, Incorporated; merger; effect
5 of merger.--
6 (1)(a) The Florida Self-Insurance Fund Guaranty
7 Association established in former part V of chapter 631 and
8 the workers' compensation insurance account, which includes
9 excess workers' compensation insurance, established in former
10 s. 631.55(2)(a) shall be merged, effective October 1, 1997, or
11 as provided in paragraph (b), in accordance with the plan of
12 operation adopted by the interim board of directors. The
13 successor nonprofit corporation shall be known as the "Florida
14 Workers' Compensation Insurance Guaranty Association,
15 Incorporated."
16
17 Reviser's note.--Amended to improve clarity and
18 facilitate correct interpretation. Sections
19 comprising former part V of chapter 631, the
20 Florida Self-Insurance Fund Guaranty Act, were
21 repealed and transferred and a new part V, the
22 Florida Workers' Compensation Insurance
23 Guaranty Association Act, was created pursuant
24 to ch. 97-262, Laws of Florida. Section
25 631.55(2)(a) was repealed by s. 18, ch. 97-262.
26
27
28
29
30
31
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