House Bill hb4007c1

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    Florida House of Representatives - 2001             CS/HB 4007

        By the Committee on Rules, Ethics & Elections and
    Representative Mahon





  1                      A bill to be entitled

  2         An act relating to obsolete, expired, or

  3         repealed provisions of law; repealing various

  4         provisions of law that have become obsolete,

  5         have had their effect, have served their

  6         purpose, or have been impliedly repealed or

  7         superseded; repealing s. 20.171(5)(c), F.S.,

  8         relating to Department of Labor and Employment

  9         Security; deleting the Division of Blind

10         Services from the Department of Labor and

11         Employment Security to conform to the transfer

12         of said division by chapter 99-240, Laws of

13         Florida; repealing s. 34.021(3), F.S., relating

14         to qualifications of county court judges;

15         amending s. 39.824, F.S.; deleting obsolete

16         provision relating to adoption of rules of

17         criminal procedure; repealing s. 193.102(1),

18         F.S., relating to obsolete provisions relating

19         to lands subject to tax sale certificates and

20         assessments; repealing s. 206.9825(2), F.S.,

21         relating to limitation on aviation fuel tax;

22         amending s. 212.08, F.S.; repealing obsolete

23         provisions relating to the sales, rental, use,

24         consumption, distribution, and storage tax;

25         amending s. 220.1501, F.S., relating to

26         rulemaking authority to implement s.

27         220.15(2)(c), (4)(c), and (8), F.S.; deleting

28         obsolete provision relating to report by Board

29         of Regents; repealing s. 255.259(3), F.S.;

30         deleting obsolete provision relating to

31         xeriscape landscaping on public property;

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  1         repealing s. 373.0361(3), F.S.; deleting

  2         obsolete provision relating to regional water

  3         supply planning; repealing s. 381.895(7), F.S.,

  4         relating to standards for compressed air used

  5         for recreational diving; deleting obsolete

  6         effective date for said section; amending s.

  7         394.4985, F.S.; deleting obsolete provision

  8         relating to implementation plan for a

  9         districtwide comprehensive child and adolescent

10         mental health information and referral network;

11         repealing s. 409.2559, F.S., relating to state

12         disbursement unit; repealing s. 414.70(5),

13         F.S.; deleting obsolete provision relating to

14         evaluations and recommendations relating to the

15         drug-screening and drug-testing program;

16         amending s. 420.504, F.S.; repealing obsolete

17         provision relating to changes in membership

18         categories; amending s. 440.4416, F.S.;

19         repealing obsolete provision relating to a

20         report to the Legislature by the Workers'

21         Compensation Oversight Board; repealing s.

22         468.609(6)(b), F.S.; deleting obsolete

23         provision relating to building code

24         administrators, plans examiners, and building

25         code inspectors; repealing s. 570.381(1), F.S.,

26         relating to legislative findings relating to

27         Appaloosa racing and breeding; repealing s.

28         624.4085(11), F.S., relating to risk-based

29         capital reports; repealing s. 624.4392(2),

30         F.S., relating to multiple-employer welfare

31         arrangements; amending s. 626.2815, F.S.;

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  1         repealing obsolete provision relating to

  2         establishment of criteria by the continuing

  3         education advisory board; amending s. 626.918,

  4         F.S.; repealing obsolete provisions relating to

  5         the required surplus as to policyholders for

  6         surplus lines insurers; repealing s. 627.4145

  7         (6)(e), F.S., relating to obsolete exception to

  8         provisions relating to readable language in

  9         insurance policies; repealing s. 627.4147(3),

10         F.S., relating to expired provision relating to

11         medical malpractice insurance contracts;

12         amending s. 627.6492, F.S.; repealing obsolete

13         provision relating to operating losses by

14         insurers; amending s. 629.401, F.S.; deleting

15         obsolete provisions relating to capitalization

16         by underwriting members and certain investments

17         existing prior to July 2, 1987; repealing s.

18         631.911(1), F.S., relating to creation of the

19         Florida Workers' Compensation Insurance

20         Guaranty Association, Incorporated, merger, and

21         effect of merger; repealing s. 631.912(3),

22         F.S., relating to board of directors of the

23         Florida Workers' Compensation Insurance

24         Guaranty Association, Incorporated; deleting

25         references to s. 631.911(1), F. S., to conform;

26         repealing s. 631.929, F.S., relating to

27         election of remedies; amending s. 636.016,

28         F.S.; repealing obsolete provision relating to

29         prepaid limited health service organizations

30         licensed prior to October 1, 1993; amending s.

31         636.043, F.S.; repealing obsolete provisions

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  1         relating to financial statements required by

  2         certain prepaid limited health service

  3         organizations; repealing s. 713.5955, F.S.,

  4         relating to acquisition of title to unclaimed

  5         molds; amending s. 721.24, F.S.; repealing

  6         obsolete provisions relating to delay of

  7         installation of firesafety equipment for

  8         timeshare units of timeshare plans; amending s.

  9         744.7021, F.S.; repealing obsolete provision

10         relating to submission of report relating to

11         the Statewide Public Guardianship Office;

12         repealing s. 753.004, F.S., relating to

13         supervised visitation projects; providing an

14         effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Paragraph (c) of subsection (5) of section

19  20.171, Florida Statutes, is repealed.

20         Section 2.  Subsection (3) of section 34.021, Florida

21  Statutes, is repealed.

22         Section 3.  Subsection (1) of section 39.824, Florida

23  Statutes, is amended to read:

24         39.824  Procedures and jurisdiction.--

25         (1)  The Supreme Court is requested to adopt rules of

26  juvenile procedure by October 1, 1989, to implement this part.

27  All procedures, including petitions, pleadings, subpoenas,

28  summonses, and hearings in cases for the appointment of a

29  guardian advocate shall be according to the Florida Rules of

30  Juvenile Procedure unless otherwise provided by law.

31  

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  1         Section 4.  Subsection (1) of section 193.102, Florida

  2  Statutes, is repealed.

  3         Section 5.  Subsection (2) of section 206.9825, Florida

  4  Statutes, is repealed.

  5         Section 6.  Paragraphs (ff) and (zz) of subsection (7)

  6  and paragraph (d) of subsection (17) of section 212.08,

  7  Florida Statutes, are amended to read:

  8         212.08  Sales, rental, use, consumption, distribution,

  9  and storage tax; specified exemptions.--The sale at retail,

10  the rental, the use, the consumption, the distribution, and

11  the storage to be used or consumed in this state of the

12  following are hereby specifically exempt from the tax imposed

13  by this chapter.

14         (7)  MISCELLANEOUS EXEMPTIONS.--

15         (ff)  Certain electricity or steam uses.--

16         1.  Subject to the provisions of subparagraph 4.,

17  charges for electricity or steam used to operate machinery and

18  equipment at a fixed location in this state when such

19  machinery and equipment is used to manufacture, process,

20  compound, produce, or prepare for shipment items of tangible

21  personal property for sale, or to operate pollution control

22  equipment, recycling equipment, maintenance equipment, or

23  monitoring or control equipment used in such operations are

24  exempt to the extent provided in this paragraph. If 75 percent

25  or more of the electricity or steam used at the fixed location

26  is used to operate qualifying machinery or equipment, 100

27  percent of the charges for electricity or steam used at the

28  fixed location are exempt. If less than 75 percent but 50

29  percent or more of the electricity or steam used at the fixed

30  location is used to operate qualifying machinery or equipment,

31  50 percent of the charges for electricity or steam used at the

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  1  fixed location are exempt. If less than 50 percent of the

  2  electricity or steam used at the fixed location is used to

  3  operate qualifying machinery or equipment, none of the charges

  4  for electricity or steam used at the fixed location are

  5  exempt.

  6         2.  This exemption applies only to industries

  7  classified under SIC Industry Major Group Numbers 10, 12, 13,

  8  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

  9  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

10  in this paragraph, "SIC" means those classifications contained

11  in the Standard Industrial Classification Manual, 1987, as

12  published by the Office of Management and Budget, Executive

13  Office of the President.

14         3.  Possession by a seller of a written certification

15  by the purchaser, certifying the purchaser's entitlement to an

16  exemption permitted by this subsection, relieves the seller

17  from the responsibility of collecting the tax on the

18  nontaxable amounts, and the department shall look solely to

19  the purchaser for recovery of such tax if it determines that

20  the purchaser was not entitled to the exemption.

21         4.  Such exemption shall be applied as follows:

22         a.  Beginning July 1, 1996, 20 percent of the charges

23  for such electricity shall be exempt.

24         b.  Beginning July 1, 1997, 40 percent of the charges

25  for such electricity shall be exempt.

26         c.  Beginning July 1, 1998, 60 percent of the charges

27  for such electricity or steam shall be exempt.

28         d.  Beginning July 1, 1999, 80 percent of the charges

29  for such electricity or steam shall be exempt.

30         e.  Beginning July 1, 2000, 100 percent of the charges

31  for such electricity or steam shall be exempt.

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  1         5.  Notwithstanding any other provision in this

  2  paragraph to the contrary, in order to receive the exemption

  3  provided in this paragraph a taxpayer must first register with

  4  the WAGES Program Business Registry established by the local

  5  WAGES coalition for the area in which the taxpayer is located.

  6  Such registration establishes a commitment on the part of the

  7  taxpayer to hire WAGES program participants to the maximum

  8  extent possible consistent with the nature of their business.

  9         6.a.  In order to determine whether the exemption

10  provided in this paragraph from the tax on charges for

11  electricity or steam has an effect on retaining or attracting

12  companies to this state, the Office of Program Policy Analysis

13  and Government Accountability shall monitor and report on the

14  industries receiving the exemption.

15         b.  The report shall be submitted no later than January

16  1, 2001, and must be comprehensive in scope, but, at a

17  minimum, must be conducted in such a manner as to specifically

18  determine the number of companies within each SIC Industry

19  Major Group receiving the exemption as of September 1, 2000,

20  the number of individuals employed by companies within each

21  SIC Industry Major Group receiving the exemption as of

22  September 1, 2000, whether the change, if any, in such number

23  of companies or employees is attributable to the exemption

24  provided in this paragraph, whether it would be sound public

25  policy to continue or discontinue the exemption, and the

26  consequences of doing so.

27         c.  The report shall be submitted to the President of

28  the Senate, the Speaker of the House of Representatives, the

29  Senate Minority Leader, and the House Minority Leader.

30         (zz)  Certain repair and labor charges.--

31  

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  1         1.  Subject to the provisions of subparagraphs 2. and

  2  3., there is exempt from the tax imposed by this chapter all

  3  labor charges for the repair of, and parts and materials used

  4  in the repair of and incorporated into, industrial machinery

  5  and equipment which is used for the manufacture, processing,

  6  compounding, production, or preparation for shipping of items

  7  of tangible personal property at a fixed location within this

  8  state.

  9         2.  This exemption applies only to industries

10  classified under SIC Industry Major Group Numbers 10, 12, 13,

11  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

12  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

13  in this subparagraph, "SIC" means those classifications

14  contained in the Standard Industrial Classification Manual,

15  1987, as published by the Office of Management and Budget,

16  Executive Office of the President.

17         3.  This exemption shall be applied as follows:

18         a.  Beginning July 1, 1999, 25 percent of such charges

19  for repair parts and labor shall be exempt.

20         b.  Beginning July 1, 2000, 50 percent of such charges

21  for repair parts and labor shall be exempt.

22         a.c.  Beginning July 1, 2001, 75 percent of such

23  charges for repair parts and labor shall be exempt.

24         b.d.  Beginning July 1, 2002, 100 percent of such

25  charges for repair parts and labor shall be exempt.

26  

27  Exemptions provided to any entity by this subsection shall not

28  inure to any transaction otherwise taxable under this chapter

29  when payment is made by a representative or employee of such

30  entity by any means, including, but not limited to, cash,

31  

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  1  check, or credit card even when that representative or

  2  employee is subsequently reimbursed by such entity.

  3         (17)  EXEMPTIONS; CERTAIN GOVERNMENT CONTRACTORS.--

  4         (d)  The exemption provided in this subsection applies

  5  as follows:

  6         1.  Beginning July 1, 1999, the tax imposed by this

  7  chapter shall be applicable to 80 percent of the sales price

  8  or cost price of such overhead materials.

  9         2.  Beginning July 1, 2000, the tax imposed by this

10  chapter shall be applicable to 60 percent of the sales price

11  or cost price of such overhead materials.

12         1.3.  Beginning July 1, 2001, the tax imposed by this

13  chapter shall be applicable to 40 percent of the sales price

14  or cost price of such overhead materials.

15         2.4.  Beginning July 1, 2002, the tax imposed by this

16  chapter shall be applicable to 20 percent of the sales price

17  or cost price of such overhead materials.

18         3.5.  Beginning July 1, 2003, the entire sales price or

19  cost price of such overhead materials is exempt from the tax

20  imposed by this chapter.

21  

22  The exemption provided in this subsection does not apply to

23  any part of the cost of overhead materials allocated to a

24  contract that is not a qualifying contract.

25         Section 7.  Section 220.1501, Florida Statutes, is

26  amended to read:

27         220.1501  Rulemaking authority to implement s.

28  220.15(2)(c), (4)(c), and (8).--The Department of Revenue has

29  authority to adopt rules pursuant to the Administrative

30  Procedure Act to implement s. 220.15(2)(c), (4)(c), and (8),

31  as created by chapter 98-325, Laws of Florida. The Board of

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  1  Regents and the president of each participating nonpublic

  2  university shall monitor the various sponsored research

  3  contracts and make a report to the Speaker of the House of

  4  Representatives and to the President of the Senate by February

  5  1, 2000, which shall provide any necessary information which

  6  indicates if the provisions of chapter 98-325 have been

  7  successful in attracting additional sponsored research

  8  contracts.

  9         Section 8.  Subsection (3) of section 255.259, Florida

10  Statutes, is repealed.

11         Section 9.  Subsection (3) of section 373.0361, Florida

12  Statutes, is repealed.

13         Section 10.  Subsection (7) of section 381.895, Florida

14  Statutes, is repealed.

15         Section 11.  Subsection (1) of section 394.4985,

16  Florida Statutes, is amended to read:

17         394.4985  Districtwide information and referral

18  network; implementation.--

19         (1)  Each service district of the Department of

20  Children and Family Services shall develop a detailed

21  implementation plan for a districtwide comprehensive child and

22  adolescent mental health information and referral network to

23  be operational by July 1, 1999. The plan must include an

24  operating budget that demonstrates cost efficiencies and

25  identifies funding sources for the district information and

26  referral network. The plan must be submitted by the department

27  to the Legislature by October 1, 1998. The district shall use

28  existing district information and referral providers if, in

29  the development of the plan, it is concluded that these

30  providers would deliver information and referral services in a

31  more efficient and effective manner when compared to other

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  1  alternatives. The district information and referral network

  2  must include:

  3         (a)  A resource file that contains information about

  4  the child and adolescent mental health services as described

  5  in s. 394.495, including, but not limited to:

  6         1.  Type of program;

  7         2.  Hours of service;

  8         3.  Ages of persons served;

  9         4.  Program description;

10         5.  Eligibility requirements; and

11         6.  Fees.

12         (b)  Information about private providers and

13  professionals in the community which serve children and

14  adolescents with an emotional disturbance.

15         (c)  A system to document requests for services that

16  are received through the network referral process, including,

17  but not limited to:

18         1.  Number of calls by type of service requested;

19         2.  Ages of the children and adolescents for whom

20  services are requested; and

21         3.  Type of referral made by the network.

22         (d)  The ability to share client information with the

23  appropriate community agencies.

24         (e)  The submission of an annual report to the

25  department, the Agency for Health Care Administration, and

26  appropriate local government entities, which contains

27  information about the sources and frequency of requests for

28  information, types and frequency of services requested, and

29  types and frequency of referrals made.

30         Section 12.  Section 409.2559, Florida Statutes, is

31  repealed.

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  1         Section 13.  Subsection (5) of section 414.70, Florida

  2  Statutes, as amended by chapters 2000-165 and 2000-337, Laws

  3  of Florida, is repealed.

  4         Section 14.  Subsection (3) of section 420.504, Florida

  5  Statutes, is amended to read:

  6         420.504  Public corporation; creation, membership,

  7  terms, expenses.--

  8         (3)  The corporation is a separate budget entity and is

  9  not subject to control, supervision, or direction by the

10  Department of Community Affairs in any manner, including, but

11  not limited to, personnel, purchasing, transactions involving

12  real or personal property, and budgetary matters. The

13  corporation shall consist of a board of directors composed of

14  the Secretary of Community Affairs as an ex officio and voting

15  member and eight members appointed by the Governor subject to

16  confirmation by the Senate from the following:

17         (a)  One citizen actively engaged in the residential

18  home building industry.

19         (b)  One citizen actively engaged in the banking or

20  mortgage banking industry.

21         (c)  One citizen who is a representative of those areas

22  of labor engaged in home building.

23         (d)  One citizen with experience in housing development

24  who is an advocate for low-income persons.

25         (e)  One citizen actively engaged in the commercial

26  building industry.

27         (f)  One citizen who is a former local government

28  elected official.

29         (g)  Two citizens of the state who are not principally

30  employed as members or representatives of any of the groups

31  specified in paragraphs (a)-(f).

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  1  

  2  The changes in membership categories required by this act

  3  shall be effective when the term of one citizen member expires

  4  in 1998.

  5         Section 15.  Paragraph (a) of subsection (2) of section

  6  440.4416, Florida Statutes, is amended to read:

  7         440.4416  Workers' Compensation Oversight Board.--

  8         (2)  POWERS AND DUTIES; ORGANIZATION.--

  9         (a)  The board shall have all the powers necessary and

10  convenient to carry out and effectuate the purposes of this

11  section, including, but not limited to, the power to:

12         1.  Conduct public hearings.

13         2.  Report to the Legislature by January 1, 1995, as to

14  the feasibility of a return-to-work program that includes

15  incentives for employers who encourage such a program and

16  disincentives for employers who hinder such a program.

17         2.3.  Prescribe qualifications for board employees.

18         3.4.  Appear on its own behalf before other boards,

19  commissions, or agencies of the state or Federal Government.

20         4.5.  Make and execute contracts to the extent that

21  such contracts are consistent with duties and powers set forth

22  in this section and elsewhere in the law of this state.

23         Section 16.  Paragraph (b) of subsection (6) of section

24  468.609, Florida Statutes, is repealed.

25         Section 17.  Subsection (1) of section 570.381, Florida

26  Statutes, is repealed.

27         Section 18.  Subsection (11) of section 624.4085,

28  Florida Statutes, is repealed.

29         Section 19.  Subsection (2) of section 624.4392,

30  Florida Statutes, is repealed.

31  

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  1         Section 20.  Paragraph (a) of subsection (6) of section

  2  626.2815, Florida Statutes, is amended to read:

  3         626.2815  Continuing education required; application;

  4  exceptions; requirements; penalties.--

  5         (6)(a)  There is created an 11-member continuing

  6  education advisory board to be appointed by the Insurance

  7  Commissioner and Treasurer. Appointments shall be for terms of

  8  4 years. The purpose of the board is to advise the department

  9  in determining standards by which courses may be evaluated and

10  categorized as basic, intermediate, or advanced. The board

11  shall establish such criteria and the department shall

12  implement such criteria by January 1, 1997. The board shall

13  submit recommendations to the department of changes needed in

14  such criteria not less frequently than every 2 years

15  thereafter. The department shall require all approved course

16  providers to submit courses for approval to the department

17  using the criteria. All materials, brochures, and

18  advertisements related to the approved courses must specify

19  the level assigned to the course.

20         Section 21.  Paragraph (d) of subsection (2) of section

21  626.918, Florida Statutes, is amended to read:

22         626.918  Eligible surplus lines insurers.--

23         (2)  No unauthorized insurer shall be or become an

24  eligible surplus lines insurer unless made eligible by the

25  department in accordance with the following conditions:

26         (d)1.  The insurer must have and maintain surplus as to

27  policyholders of not less than $15 million; in addition, an

28  alien insurer must also have and maintain in the United States

29  a trust fund for the protection of all its policyholders in

30  the United States under terms deemed by the department to be

31  reasonably adequate, in an amount not less than $5.4 million.

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  1  Any such surplus as to policyholders or trust fund shall be

  2  represented by investments consisting of eligible investments

  3  for like funds of like domestic insurers under part II of

  4  chapter 625 provided, however, that in the case of an alien

  5  insurance company, any such surplus as to policyholders may be

  6  represented by investments permitted by the domestic regulator

  7  of such alien insurance company if such investments are

  8  substantially similar in terms of quality, liquidity, and

  9  security to eligible investments for like funds of like

10  domestic insurers under part II of chapter 625;

11         2.  For those surplus lines insurers that were eligible

12  on January 1, 1994, and that maintained their eligibility

13  thereafter, the required surplus as to policyholders shall be:

14         a.  On December 31, 1994, and until December 30, 1995,

15  $2.5 million.

16         b.  On December 31, 1995, and until December 30, 1996,

17  $3.5 million.

18         c.  On December 31, 1996, and until December 30, 1997,

19  $4.5 million.

20         d.  On December 31, 1997, and until December 30, 1998,

21  $5.5 million.

22         e.  On December 31, 1998, and until December 30, 1999,

23  $6.5 million.

24         f.  On December 31, 1999, and until December 30, 2000,

25  $8 million.

26         a.g.  On December 31, 2000, and until December 30,

27  2001, $9.5 million.

28         b.h.  On December 31, 2001, and until December 30,

29  2002, $11 million.

30         c.i.  On December 31, 2002, and until December 30,

31  2003, $13 million.

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  1         d.j.  On December 31, 2003, and thereafter, $15

  2  million.

  3         3.  The capital and surplus requirements as set forth

  4  in subparagraph 2. do not apply in the case of an insurance

  5  exchange created by the laws of individual states, where the

  6  exchange maintains capital and surplus pursuant to the

  7  requirements of that state, or maintains capital and surplus

  8  in an amount not less than $50 million in the aggregate. For

  9  an insurance exchange which maintains funds in the amount of

10  at least $12 million for the protection of all insurance

11  exchange policyholders, each individual syndicate shall

12  maintain minimum capital and surplus in an amount not less

13  than $3 million. If the insurance exchange does not maintain

14  funds in the amount of at least $12 million for the protection

15  of all insurance exchange policyholders, each individual

16  syndicate shall meet the minimum capital and surplus

17  requirements set forth in subparagraph 2.;

18         4.  A surplus lines insurer which is a member of an

19  insurance holding company that includes a member which is a

20  Florida domestic insurer as set forth in its holding company

21  registration statement, as set forth in s. 628.801 and rules

22  adopted thereunder, may elect to maintain surplus as to

23  policyholders in an amount equal to the requirements of s.

24  624.408, subject to the requirement that the surplus lines

25  insurer shall at all times be in compliance with the

26  requirements of chapter 625.

27  

28  The election shall be submitted to the department and shall be

29  effective upon the department's being satisfied that the

30  requirements of subparagraph 4. have been met. The initial

31  date of election shall be the date of department approval. The

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  1  election approval application shall be on a form adopted by

  2  department rule. The department may approve an election form

  3  submitted pursuant to subparagraph 4. only if it was on file

  4  with the department before February 28, 1998;

  5         Section 22.  Paragraph (e) of subsection (6) of section

  6  627.4145, Florida Statutes, is repealed.

  7         Section 23.  Subsection (3) of section 627.4147,

  8  Florida Statutes, is repealed.

  9         Section 24.  Paragraph (b) of subsection (1) of section

10  627.6492, Florida Statutes, is amended to read:

11         627.6492  Participation of insurers.--

12         (1)

13         (b)  For operating losses incurred from July 1, 1991,

14  through December 31, 1991, the total of all assessments upon a

15  participating insurer shall not exceed .375 percent of such

16  insurer's health insurance premiums earned in this state

17  during 1990. For operating losses incurred in 1992 and

18  thereafter, the total of all assessments upon a participating

19  insurer shall not exceed 1 percent of such insurer's health

20  insurance premium earned in this state during the calendar

21  year preceding the year for which the assessments were levied.

22         Section 25.  Paragraph (b) of subsection (6) of section

23  629.401, Florida Statutes, is amended to read:

24         629.401  Insurance exchange.--

25         (6)

26         (b)  In addition to the insurance laws specified in

27  paragraph (a), the department shall regulate the exchange

28  pursuant to the following powers, rights, and duties:

29         1.  General examination powers.--The department shall

30  examine the affairs, transactions, accounts, records, and

31  assets of any security fund, exchange, members, and associate

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  1  brokers as often as it deems advisable. The examination may be

  2  conducted by the accredited examiners of the department at the

  3  offices of the entity or person being examined. The department

  4  shall examine in like manner each prospective member or

  5  associate broker applying for membership in an exchange.

  6         2.  Departmental approval and applications of

  7  underwriting members.--No underwriting member shall commence

  8  operation without the approval of the department. Before

  9  commencing operation, an underwriting member shall provide a

10  written application containing:

11         a.  Name, type, and purpose of the underwriting member.

12         b.  Name, residence address, business background, and

13  qualifications of each person associated or to be associated

14  in the formation or financing of the underwriting member.

15         c.  Full disclosure of the terms of all understandings

16  and agreements existing or proposed among persons so

17  associated relative to the underwriting member, or the

18  formation or financing thereof, accompanied by a copy of each

19  such agreement or understanding.

20         d.  Full disclosure of the terms of all understandings

21  and agreements existing or proposed for management or

22  exclusive agency contracts.

23         3.  Investigation of underwriting member

24  applications.--In connection with any proposal to establish an

25  underwriting member, the department shall make an

26  investigation of:

27         a.  The character, reputation, financial standing, and

28  motives of the organizers, incorporators, or subscribers

29  organizing the proposed underwriting member.

30  

31  

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  1         b.  The character, financial responsibility, insurance

  2  experience, and business qualifications of its proposed

  3  officers.

  4         c.  The character, financial responsibility, business

  5  experience, and standing of the proposed stockholders and

  6  directors, or owners.

  7         4.  Notice of management changes.--An underwriting

  8  member shall promptly give the department written notice of

  9  any change among the directors or principal officers of the

10  underwriting member within 30 days after such change. The

11  department shall investigate the new directors or principal

12  officers of the underwriting member. The department's

13  investigation shall include an investigation of the character,

14  financial responsibility, insurance experience, and business

15  qualifications of any new directors or principal officers. As

16  a result of the investigation, the department may require the

17  underwriting member to replace any new directors or principal

18  officers.

19         5.  Alternate financial statement.--In lieu of any

20  financial examination, the department may accept an audited

21  financial statement.

22         6.  Correction and reconstruction of records.--If the

23  department finds any accounts or records to be inadequate, or

24  inadequately kept or posted, it may employ experts to

25  reconstruct, rewrite, post, or balance them at the expense of

26  the person or entity being examined if such person or entity

27  has failed to maintain, complete, or correct such records or

28  accounts after the department has given him or her or it

29  notice and reasonable opportunity to do so.

30         7.  Obstruction of examinations.--Any person or entity

31  who or which willfully obstructs the department or its

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  1  examiner in an examination is guilty of a misdemeanor of the

  2  second degree, punishable as provided in s. 775.082 or s.

  3  775.083.

  4         8.  Filing of annual statement.--Each underwriting

  5  member shall file with the department a full and true

  6  statement of its financial condition, transactions, and

  7  affairs. The statement shall be filed on or before March 1 of

  8  each year, or within such extension of time as the department

  9  for good cause grants, and shall be for the preceding calendar

10  year. The statement shall contain information generally

11  included in insurer financial statements prepared in

12  accordance with generally accepted insurance accounting

13  principles and practices and in a form generally utilized by

14  insurers for financial statements, sworn to by at least two

15  executive officers of the underwriting member. The form of the

16  financial statements shall be the approved form of the

17  National Association of Insurance Commissioners or its

18  successor organization. The department may by rule require

19  each insurer to submit any part of the information contained

20  in the financial statement in a computer-readable form

21  compatible with the department's electronic data processing

22  system. In addition to information furnished in connection

23  with its annual statement, an underwriting member must furnish

24  to the department as soon as reasonably possible such

25  information about its transactions or affairs as the

26  department requests in writing. All information furnished

27  pursuant to the department's request must be verified by the

28  oath of two executive officers of the underwriting member.

29         9.  Record maintenance.--Each underwriting member shall

30  have and maintain its principal place of business in this

31  state and shall keep therein complete records of its assets,

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  1  transactions, and affairs in accordance with such methods and

  2  systems as are customary for or suitable to the kind or kinds

  3  of insurance transacted.

  4         10.  Examination of agents.--If the department has

  5  reason to believe that any agent, as defined in s. 626.041, s.

  6  626.051, s. 626.062, or s. 626.914, has violated or is

  7  violating any provision of the insurance law, or upon receipt

  8  of a written complaint signed by any interested person

  9  indicating that any such violation may exist, the department

10  shall conduct such examination as it deems necessary of the

11  accounts, records, documents, and transactions pertaining to

12  or affecting the insurance affairs of such agent.

13         11.  Written reports of department.--The department or

14  its examiner shall make a full and true written report of any

15  examination. The report shall contain only information

16  obtained from examination of the records, accounts, files, and

17  documents of or relative to the person or entity examined or

18  from testimony of individuals under oath, together with

19  relevant conclusions and recommendations of the examiner based

20  thereon. The department shall furnish a copy of the report to

21  the person or entity examined not less than 30 days prior to

22  filing the report in its office. If such person or entity so

23  requests in writing within such 30-day period, the department

24  shall grant a hearing with respect to the report and shall not

25  file the report until after the hearing and after such

26  modifications have been made therein as the department deems

27  proper.

28         12.  Admissibility of reports.--The report of an

29  examination when filed shall be admissible in evidence in any

30  action or proceeding brought by the department against the

31  person or entity examined, or against his or her or its

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  1  officers, employees, or agents. The department or its

  2  examiners may at any time testify and offer other proper

  3  evidence as to information secured or matters discovered

  4  during the course of an examination, whether or not a written

  5  report of the examination has been either made, furnished, or

  6  filed in the department.

  7         13.  Publication of reports.--After an examination

  8  report has been filed, the department may publish the results

  9  of any such examination in one or more newspapers published in

10  this state whenever it deems it to be in the public interest.

11         14.  Consideration of examination reports by entity

12  examined.--After the examination report of an underwriting

13  member has been filed, an affidavit shall be filed with the

14  department, not more than 30 days after the report has been

15  filed, on a form furnished by the department and signed by the

16  person or a representative of any entity examined, stating

17  that the report has been read and that the recommendations

18  made in the report will be considered within a reasonable

19  time.

20         15.  Examination costs.--Each person or entity examined

21  by the department shall pay to the department the expenses

22  incurred in such examination.

23         16.  Exchange costs.--An exchange shall reimburse the

24  department for any expenses incurred by it relating to the

25  regulation of the exchange and its members, except as

26  specified in subparagraph 15.

27         17.  Powers of examiners.--Any examiner appointed by

28  the department, as to the subject of any examination,

29  investigation, or hearing being conducted by him or her, may

30  administer oaths, examine and cross-examine witnesses, and

31  receive oral and documentary evidence, and shall have the

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  1  power to subpoena witnesses, compel their attendance and

  2  testimony, and require by subpoena the production of books,

  3  papers, records, files, correspondence, documents, or other

  4  evidence which the examiner deems relevant to the inquiry. If

  5  any person refuses to comply with any such subpoena or to

  6  testify as to any matter concerning which he or she may be

  7  lawfully interrogated, the Circuit Court of Leon County or the

  8  circuit court of the county wherein such examination,

  9  investigation, or hearing is being conducted, or of the county

10  wherein such person resides, on the department's application

11  may issue an order requiring such person to comply with the

12  subpoena and to testify; and any failure to obey such an order

13  of the court may be punished by the court as a contempt

14  thereof. Subpoenas shall be served, and proof of such service

15  made, in the same manner as if issued by a circuit court.

16  Witness fees and mileage, if claimed, shall be allowed the

17  same as for testimony in a circuit court.

18         18.  False testimony.--Any person willfully testifying

19  falsely under oath as to any matter material to any

20  examination, investigation, or hearing shall upon conviction

21  thereof be guilty of perjury and shall be punished

22  accordingly.

23         19.  Self-incrimination.--

24         a.  If any person asks to be excused from attending or

25  testifying or from producing any books, papers, records,

26  contracts, documents, or other evidence in connection with any

27  examination, hearing, or investigation being conducted by the

28  department or its examiner, on the ground that the testimony

29  or evidence required of the person may tend to incriminate him

30  or her or subject him or her to a penalty or forfeiture, and

31  the person notwithstanding is directed to give such testimony

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  1  or produce such evidence, he or she shall, if so directed by

  2  the department and the Department of Legal Affairs,

  3  nonetheless comply with such direction; but the person shall

  4  not thereafter be prosecuted or subjected to any penalty or

  5  forfeiture for or on account of any transaction, matter, or

  6  thing concerning which he or she may have so testified or

  7  produced evidence, and no testimony so given or evidence so

  8  produced shall be received against him or her upon any

  9  criminal action, investigation, or proceeding; except that no

10  such person so testifying shall be exempt from prosecution or

11  punishment for any perjury committed by him or her in such

12  testimony, and the testimony or evidence so given or produced

13  shall be admissible against him or her upon any criminal

14  action, investigation, or proceeding concerning such perjury,

15  nor shall he or she be exempt from the refusal, suspension, or

16  revocation of any license, permission, or authority conferred,

17  or to be conferred, pursuant to the insurance law.

18         b.  Any such individual may execute, acknowledge, and

19  file in the office of the department a statement expressly

20  waiving such immunity or privilege in respect to any

21  transaction, matter, or thing specified in such statement, and

22  thereupon the testimony of such individual or such evidence in

23  relation to such transaction, matter, or thing may be received

24  or produced before any judge or justice, court, tribunal,

25  grand jury, or otherwise; and if such testimony or evidence is

26  so received or produced, such individual shall not be entitled

27  to any immunity or privileges on account of any testimony so

28  given or evidence so produced.

29         20.  Penalty for failure to testify.--Any person who

30  refuses or fails, without lawful cause, to testify relative to

31  the affairs of any member, associate broker, or other person

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  1  when subpoenaed and requested by the department to so testify,

  2  as provided in subparagraph 17., shall, in addition to the

  3  penalty provided in subparagraph 17., be guilty of a

  4  misdemeanor of the second degree, punishable as provided in s.

  5  775.082 or s. 775.083.

  6         21.  Name selection.--No underwriting member shall be

  7  formed or authorized to transact insurance in this state under

  8  a name which is the same as that of any authorized insurer or

  9  is so nearly similar thereto as to cause or tend to cause

10  confusion or under a name which would tend to mislead as to

11  the type of organization of the insurer. Before incorporating

12  under or using any name, the underwriting syndicate or

13  proposed underwriting syndicate shall submit its name or

14  proposed name to the department for the approval of the

15  department.

16         22.  Capitalization.--An underwriting member approved

17  on or after July 2, 1987, shall provide an initial paid-in

18  capital and surplus of $3 million and thereafter shall

19  maintain a minimum policyholder surplus of $2 million in order

20  to be permitted to write insurance. Underwriting members

21  approved prior to July 2, 1987, shall maintain a minimum

22  policyholder surplus of $1 million. After June 29, 1988,

23  underwriting members approved prior to July 2, 1987, must

24  maintain a minimum policyholder surplus of $1.5 million to

25  write insurance. After June 29, 1989, underwriting members

26  approved prior to July 2, 1987, must maintain a minimum

27  policyholder surplus of $1.75 million to write insurance.

28  After December 30, 1989, all underwriting members, regardless

29  of the date they were approved, must maintain a minimum

30  policyholder surplus of $2 million to write insurance. Except

31  for that portion of the paid-in capital and surplus which

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  1  shall be maintained in a security fund of an exchange, the

  2  paid-in capital and surplus shall be invested by an

  3  underwriting member in a manner consistent with ss.

  4  625.301-625.340. The portion of the paid-in capital and

  5  surplus in any security fund of an exchange shall be invested

  6  in a manner limited to investments for life insurance

  7  companies under the Florida insurance laws.

  8         23.  Limitations on coverage written.--

  9         a.  Limit of risk.--No underwriting member shall expose

10  itself to any loss on any one risk in an amount exceeding 10

11  percent of its surplus to policyholders. Any risk or portion

12  of any risk which shall have been reinsured in an assuming

13  reinsurer authorized or approved to do such business in this

14  state shall be deducted in determining the limitation of risk

15  prescribed in this section.

16         b.  Restrictions on premiums written.--If the

17  department has reason to believe that the underwriting

18  member's ratio of actual or projected annual gross written

19  premiums to policyholder surplus exceeds 8 to 1 or the

20  underwriting member's ratio of actual or projected annual net

21  premiums to policyholder surplus exceeds 4 to 1, the

22  department may establish maximum gross or net annual premiums

23  to be written by the underwriting member consistent with

24  maintaining the ratios specified in this sub-subparagraph.

25         (I)  Projected annual net or gross premiums shall be

26  based on the actual writings to date for the underwriting

27  member's current calendar year, its writings for the previous

28  calendar year, or both. Ratios shall be computed on an

29  annualized basis.

30  

31  

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  1         (II)  For purposes of this sub-subparagraph, the term

  2  "gross written premiums" means direct premiums written and

  3  reinsurance assumed.

  4         c.  Surplus as to policyholders.--For the purpose of

  5  determining the limitation on coverage written, surplus as to

  6  policyholders shall be deemed to include any voluntary

  7  reserves, or any part thereof, which are not required by or

  8  pursuant to law and shall be determined from the last sworn

  9  statement of such underwriting member with the department, or

10  by the last report or examination filed by the department,

11  whichever is more recent at the time of assumption of such

12  risk.

13         24.  Unearned premium reserves.--All unearned premium

14  reserves for business written on the exchange shall be

15  calculated on a monthly or more frequent basis or on such

16  other basis as determined by the department; except that all

17  premiums on any marine or transportation insurance trip risk

18  shall be deemed unearned until the trip is terminated.

19         25.  Loss reserves.--All underwriting members of an

20  exchange shall maintain loss reserves, including a reserve for

21  incurred but not reported claims. The reserves shall be

22  subject to review by the department, and, if loss experience

23  shows that an underwriting member's loss reserves are

24  inadequate, the department shall require the underwriting

25  member to maintain loss reserves in such additional amount as

26  is needed to make them adequate.

27         26.  Distribution of profits.--An underwriting member

28  shall not distribute any profits in the form of cash or other

29  assets to owners except out of that part of its available and

30  accumulated surplus funds which is derived from realized net

31  operating profits on its business and realized capital gains.

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  1  In any one year such payments to owners shall not exceed 30

  2  percent of such surplus as of December 31 of the immediately

  3  preceding year, unless otherwise approved by the department.

  4  No distribution of profits shall be made that would render an

  5  underwriting member either impaired or insolvent.

  6         27.  Stock dividends.--A stock dividend may be paid by

  7  an underwriting member out of any available surplus funds in

  8  excess of the aggregate amount of surplus advanced to the

  9  underwriting member under subparagraph 29.

10         28.  Dividends from earned surplus.--A dividend

11  otherwise lawful may be payable out of an underwriting

12  member's earned surplus even though the total surplus of the

13  underwriting member is then less than the aggregate of its

14  past contributed surplus resulting from issuance of its

15  capital stock at a price in excess of the par value thereof.

16         29.  Borrowing of money by underwriting members.--

17         a.  An underwriting member may borrow money to defray

18  the expenses of its organization, provide it with surplus

19  funds, or for any purpose of its business, upon a written

20  agreement that such money is required to be repaid only out of

21  the underwriting member's surplus in excess of that stipulated

22  in such agreement. The agreement may provide for interest not

23  exceeding 15 percent simple interest per annum. The interest

24  shall or shall not constitute a liability of the underwriting

25  member as to its funds other than such excess of surplus, as

26  stipulated in the agreement. No commission or promotion

27  expense shall be paid in connection with any such loan. The

28  use of any surplus note and any repayments thereof shall be

29  subject to the approval of the department.

30         b.  Money so borrowed, together with any interest

31  thereon if so stipulated in the agreement, shall not form a

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  1  part of the underwriting member's legal liabilities except as

  2  to its surplus in excess of the amount thereof stipulated in

  3  the agreement, nor be the basis of any setoff; but until

  4  repayment, financial statements filed or published by an

  5  underwriting member shall show as a footnote thereto the

  6  amount thereof then unpaid, together with any interest thereon

  7  accrued but unpaid.

  8         30.  Liquidation, rehabilitation, and

  9  restrictions.--The department, upon a showing that a member or

10  associate broker of an exchange has met one or more of the

11  grounds contained in part I of chapter 631, may restrict sales

12  by type of risk, policy or contract limits, premium levels, or

13  policy or contract provisions; increase surplus or capital

14  requirements of underwriting members; issue cease and desist

15  orders; suspend or restrict a member's or associate broker's

16  right to transact business; place an underwriting member under

17  conservatorship or rehabilitation; or seek an order of

18  liquidation as authorized by part I of chapter 631.

19         31.  Prohibited conduct.--The following acts by a

20  member, associate broker, or affiliated person shall

21  constitute prohibited conduct:

22         a.  Fraud.

23         b.  Fraudulent or dishonest acts committed by a member

24  or associate broker prior to admission to an exchange, if the

25  facts and circumstances were not disclosed to the department

26  upon application to become a member or associate broker.

27         c.  Conduct detrimental to the welfare of an exchange.

28         d.  Unethical or improper practices or conduct,

29  inconsistent with just and equitable principles of trade as

30  set forth in, but not limited to, ss. 626.951-626.9641 and

31  626.973.

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  1         e.  Failure to use due diligence to ascertain the

  2  insurance needs of a client or a principal.

  3         f.  Misstatements made under oath or upon an

  4  application for membership on an exchange.

  5         g.  Failure to testify or produce documents when

  6  requested by the department.

  7         h.  Willful violation of any law of this state.

  8         i.  Failure of an officer or principal to testify under

  9  oath concerning a member, associate broker, or other person's

10  affairs as they relate to the operation of an exchange.

11         j.  Violation of the constitution and bylaws of the

12  exchange.

13         32.  Penalties for participating in prohibited

14  conduct.--

15         a.  The department may order the suspension of further

16  transaction of business on the exchange of any member or

17  associate broker found to have engaged in prohibited conduct.

18  In addition, any member or associate broker found to have

19  engaged in prohibited conduct may be subject to reprimand,

20  censure, and/or a fine not exceeding $25,000 imposed by the

21  department.

22         b.  Any member which has an affiliated person who is

23  found to have engaged in prohibited conduct shall be subject

24  to involuntary withdrawal or in addition thereto may be

25  subject to suspension, reprimand, censure, and/or a fine not

26  exceeding $25,000.

27         33.  Reduction of penalties.--Any suspension,

28  reprimand, censure, or fine may be remitted or reduced by the

29  department on such terms and conditions as are deemed fair and

30  equitable.

31  

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  1         34.  Other offenses.--Any member or associate broker

  2  that is suspended shall be deprived, during the period of

  3  suspension, of all rights and privileges of a member or of an

  4  associate broker and may be proceeded against by the

  5  department for any offense committed either before or after

  6  the date of suspension.

  7         35.  Reinstatement.--Any member or associate broker

  8  that is suspended may be reinstated at any time on such terms

  9  and conditions as the department may specify.

10         36.  Remittance of fines.--Fines imposed under this

11  section shall be remitted to the department and shall be paid

12  into the Insurance Commissioner's Regulatory Trust Fund.

13         37.  Failure to pay fines.--When a member or associate

14  broker has failed to pay a fine for 15 days after it becomes

15  payable, such member or associate broker shall be suspended,

16  unless the department has granted an extension of time to pay

17  such fine.

18         38.  Changes in ownership or assets.--In the event of a

19  major change in the ownership or a major change in the assets

20  of an underwriting member, the underwriting member shall

21  report such change in writing to the department within 30 days

22  of the effective date thereof. The report shall set forth the

23  details of the change. Any change in ownership or assets of

24  more than 5 percent shall be considered a major change.

25         39.  Retaliation.--

26         a.  When by or pursuant to the laws of any other state

27  or foreign country any taxes, licenses, or other fees, in the

28  aggregate, and any fines, penalties, deposit requirements, or

29  other material obligations, prohibitions, or restrictions are

30  or would be imposed upon an exchange or upon the agents or

31  representatives of such exchange which are in excess of such

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  1  taxes, licenses, and other fees, in the aggregate, or which

  2  are in excess of such fines, penalties, deposit requirements,

  3  or other obligations, prohibitions, or restrictions directly

  4  imposed upon similar exchanges or upon the agents or

  5  representatives of such exchanges of such other state or

  6  country under the statutes of this state, so long as such laws

  7  of such other state or country continue in force or are so

  8  applied, the same taxes, licenses, and other fees, in the

  9  aggregate, or fines, penalties, deposit requirements, or other

10  material obligations, prohibitions, or restrictions of

11  whatever kind shall be imposed by the department upon the

12  exchanges, or upon the agents or representatives of such

13  exchanges, of such other state or country doing business or

14  seeking to do business in this state.

15         b.  Any tax, license, or other obligation imposed by

16  any city, county, or other political subdivision or agency of

17  a state, jurisdiction, or foreign country on an exchange, or

18  on the agents or representatives on an exchange, shall be

19  deemed to be imposed by such state, jurisdiction, or foreign

20  country within the meaning of sub-subparagraph a.

21         40.  Agents.--

22         a.  Agents as defined in ss. 626.041, 626.051, 626.062,

23  and 626.914 who are broker members or associate broker members

24  of an exchange shall be allowed only to place on an exchange

25  the same kind or kinds of business that the agent is licensed

26  to place pursuant to Florida law. Direct Florida business as

27  defined in s. 626.916 or s. 626.917 shall be written through a

28  broker member who is a surplus lines agent as defined in s.

29  626.914. The activities of each broker member or associate

30  broker with regard to an exchange shall be subject to all

31  applicable provisions of the insurance laws of this state, and

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  1  all such activities shall constitute transactions under his or

  2  her license as an insurance agent for purposes of the Florida

  3  insurance law.

  4         b.  Premium payments and other requirements.--If an

  5  underwriting member has assumed the risk as to a surplus lines

  6  coverage and if the premium therefor has been received by the

  7  surplus lines agent who placed such insurance, then in all

  8  questions thereafter arising under the coverage as between the

  9  underwriting member and the insured, the underwriting member

10  shall be deemed to have received the premium due to it for

11  such coverage; and the underwriting member shall be liable to

12  the insured as to losses covered by such insurance, and for

13  unearned premiums which may become payable to the insured upon

14  cancellation of such insurance, whether or not in fact the

15  surplus lines agent is indebted to the underwriting member

16  with respect to such insurance or for any other cause.

17         41.  Improperly issued contracts, riders, and

18  endorsements.--

19         a.  Any insurance policy, rider, or endorsement issued

20  by an underwriting member and otherwise valid which contains

21  any condition or provision not in compliance with the

22  requirements of this section shall not be thereby rendered

23  invalid, except as provided in s. 627.415, but shall be

24  construed and applied in accordance with such conditions and

25  provisions as would have applied had such policy, rider, or

26  endorsement been in full compliance with this section. In the

27  event an underwriting member issues or delivers any policy for

28  an amount which exceeds any limitations otherwise provided in

29  this section, the underwriting member shall be liable to the

30  insured or his or her beneficiary for the full amount stated

31  

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  1  in the policy in addition to any other penalties that may be

  2  imposed.

  3         b.  Any insurance contract delivered or issued for

  4  delivery in this state governing a subject or subjects of

  5  insurance resident, located, or to be performed in this state

  6  which, pursuant to the provisions of this section, the

  7  underwriting member may not lawfully insure under such a

  8  contract shall be cancelable at any time by the underwriting

  9  member, any provision of the contract to the contrary

10  notwithstanding; and the underwriting member shall promptly

11  cancel the contract in accordance with the request of the

12  department therefor. No such illegality or cancellation shall

13  be deemed to relieve the underwriting syndicate of any

14  liability incurred by it under the contract while in force or

15  to prohibit the underwriting syndicate from retaining the pro

16  rata earned premium thereon. This provision does not relieve

17  the underwriting syndicate from any penalty otherwise incurred

18  by the underwriting syndicate.

19         42.  Satisfaction of judgments.--

20         a.  Every judgment or decree for the recovery of money

21  heretofore or hereafter entered in any court of competent

22  jurisdiction against any underwriting member shall be fully

23  satisfied within 60 days from and after the entry thereof or,

24  in the case of an appeal from such judgment or decree, within

25  60 days from and after the affirmance of the judgment or

26  decree by the appellate court.

27         b.  If the judgment or decree is not satisfied as

28  required under sub-subparagraph a., and proof of such failure

29  to satisfy is made by filing with the department a certified

30  transcript of the docket of the judgment or the decree

31  together with a certificate by the clerk of the court wherein

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  1  the judgment or decree remains unsatisfied, in whole or in

  2  part, after the time provided in sub-subparagraph a., the

  3  department shall forthwith prohibit the underwriting member

  4  from transacting business. The department shall not permit

  5  such underwriting member to write any new business until the

  6  judgment or decree is wholly paid and satisfied and proof

  7  thereof is filed with the department under the official

  8  certificate of the clerk of the court wherein the judgment was

  9  recovered, showing that the judgment or decree is satisfied of

10  record, and until the expenses and fees incurred in the case

11  are also paid by the underwriting syndicate.

12         43.  Tender and exchange offers.--No person shall

13  conclude a tender offer or an exchange offer or otherwise

14  acquire 5 percent or more of the outstanding voting securities

15  of an underwriting member or controlling company or purchase 5

16  percent or more of the ownership of an underwriting member or

17  controlling company unless such person has filed with, and

18  obtained the approval of, the department and sent to such

19  underwriting member a statement setting forth:

20         a.  The identity of, and background information on,

21  each person by whom, or on whose behalf, the acquisition is to

22  be made; and, if the acquisition is to be made by or on behalf

23  of a corporation, association, or trust, the identity of and

24  background information on each director, officer, trustee, or

25  other natural person performing duties similar to those of a

26  director, officer, or trustee for the corporation,

27  association, or trust.

28         b.  The source and amount of the funds or other

29  consideration used, or to be used, in making the acquisition.

30  

31  

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  1         c.  Any plans or proposals which such person may have

  2  to liquidate such member, to sell its assets, or to merge or

  3  consolidate it.

  4         d.  The percentage of ownership which such person

  5  proposes to acquire and the terms of the offer or exchange, as

  6  the case may be.

  7         e.  Information as to any contracts, arrangements, or

  8  understandings with any party with respect to any securities

  9  of such member or controlling company, including, but not

10  limited to, information relating to the transfer of any

11  securities, option arrangements, or puts or calls or the

12  giving or withholding of proxies, naming the party with whom

13  such contract, arrangements, or understandings have been

14  entered and giving the details thereof.

15         f.  The department may disapprove any acquisition

16  subject to the provisions of this subparagraph by any person

17  or any affiliated person of such person who:

18         (I)  Willfully violates this subparagraph;

19         (II)  In violation of an order of the department issued

20  pursuant to sub-subparagraph j., fails to divest himself or

21  herself of any stock obtained in violation of this

22  subparagraph, or fails to divest himself or herself of any

23  direct or indirect control of such stock, within 25 days after

24  such order; or

25         (III)  In violation of an order issued by the

26  department pursuant to sub-subparagraph j., acquires

27  additional stock of the underwriting member or controlling

28  company, or direct or indirect control of such stock, without

29  complying with this subparagraph.

30         g.  The person or persons filing the statement required

31  by this subparagraph have the burden of proof. The department

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  1  shall approve any such acquisition if it finds, on the basis

  2  of the record made during any proceeding or on the basis of

  3  the filed statement if no proceeding is conducted, that:

  4         (I)  Upon completion of the acquisition, the

  5  underwriting member will be able to satisfy the requirements

  6  for the approval to write the line or lines of insurance for

  7  which it is presently approved;

  8         (II)  The financial condition of the acquiring person

  9  or persons will not jeopardize the financial stability of the

10  underwriting member or prejudice the interests of its

11  policyholders or the public;

12         (III)  Any plan or proposal which the acquiring person

13  has, or acquiring persons have, made:

14         (A)  To liquidate the insurer, sell its assets, or

15  merge or consolidate it with any person, or to make any other

16  major change in its business or corporate structure or

17  management; or

18         (B)  To liquidate any controlling company, sell its

19  assets, or merge or consolidate it with any person, or to make

20  any major change in its business or corporate structure or

21  management which would have an effect upon the underwriting

22  member

23  

24  is fair and free of prejudice to the policyholders of the

25  underwriting member or to the public;

26         (IV)  The competence, experience, and integrity of

27  those persons who will control directly or indirectly the

28  operation of the underwriting member indicate that the

29  acquisition is in the best interest of the policyholders of

30  the underwriting member and in the public interest;

31  

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  1         (V)  The natural persons for whom background

  2  information is required to be furnished pursuant to this

  3  subparagraph have such backgrounds as to indicate that it is

  4  in the best interests of the policyholders of the underwriting

  5  member, and in the public interest, to permit such persons to

  6  exercise control over such underwriting member;

  7         (VI)  The officers and directors to be employed after

  8  the acquisition have sufficient insurance experience and

  9  ability to assure reasonable promise of successful operation;

10         (VII)  The management of the underwriting member after

11  the acquisition will be competent and trustworthy and will

12  possess sufficient managerial experience so as to make the

13  proposed operation of the underwriting member not hazardous to

14  the insurance-buying public;

15         (VIII)  The management of the underwriting member after

16  the acquisition will not include any person who has directly

17  or indirectly through ownership, control, reinsurance

18  transactions, or other insurance or business relations

19  unlawfully manipulated the assets, accounts, finances, or

20  books of any insurer or underwriting member or otherwise acted

21  in bad faith with respect thereto;

22         (IX)  The acquisition is not likely to be hazardous or

23  prejudicial to the underwriting member's policyholders or the

24  public; and

25         (X)  The effect of the acquisition of control would not

26  substantially lessen competition in insurance in this state or

27  would not tend to create a monopoly therein.

28         h.  No vote by the stockholder of record, or by any

29  other person, of any security acquired in contravention of the

30  provisions of this subparagraph is valid. Any acquisition of

31  any security contrary to the provisions of this subparagraph

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  1  is void. Upon the petition of the underwriting member or

  2  controlling company, the circuit court for the county in which

  3  the principal office of such underwriting member is located

  4  may, without limiting the generality of its authority, order

  5  the issuance or entry of an injunction or other order to

  6  enforce the provisions of this subparagraph. There shall be a

  7  private right of action in favor of the underwriting member or

  8  controlling company to enforce the provisions of this

  9  subparagraph. No demand upon the department that it perform

10  its functions shall be required as a prerequisite to any suit

11  by the underwriting member or controlling company against any

12  other person, and in no case shall the department be deemed a

13  necessary party to any action by such underwriting member or

14  controlling company to enforce the provisions of this

15  subparagraph. Any person who makes or proposes an acquisition

16  requiring the filing of a statement pursuant to this

17  subparagraph, or who files such a statement, shall be deemed

18  to have thereby designated the Insurance Commissioner, or his

19  or her assistant or deputy or another person in charge of his

20  or her office, as such person's agent for service of process

21  under this subparagraph and shall thereby be deemed to have

22  submitted himself or herself to the administrative

23  jurisdiction of the department and to the jurisdiction of the

24  circuit court.

25         i.  Any approval by the department under this

26  subparagraph does not constitute a recommendation by the

27  department for an acquisition, tender offer, or exchange

28  offer. It is unlawful for a person to represent that the

29  department's approval constitutes a recommendation. A person

30  who violates the provisions of this sub-subparagraph is guilty

31  of a felony of the third degree, punishable as provided in s.

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  1  775.082, s. 775.083, or s. 775.084. The statute-of-limitations

  2  period for the prosecution of an offense committed under this

  3  sub-subparagraph is 5 years.

  4         j.  Upon notification to the department by the

  5  underwriting member or a controlling company that any person

  6  or any affiliated person of such person has acquired 5 percent

  7  or more of the outstanding voting securities of the

  8  underwriting member or controlling company without complying

  9  with the provisions of this subparagraph, the department shall

10  order that the person and any affiliated person of such person

11  cease acquisition of any further securities of the

12  underwriting member or controlling company; however, the

13  person or any affiliated person of such person may request a

14  proceeding, which proceeding shall be convened within 7 days

15  after the rendering of the order for the sole purpose of

16  determining whether the person, individually or in connection

17  with any affiliated person of such person, has acquired 5

18  percent or more of the outstanding voting securities of an

19  underwriting member or controlling company. Upon the failure

20  of the person or affiliated person to request a hearing within

21  7 days, or upon a determination at a hearing convened pursuant

22  to this sub-subparagraph that the person or affiliated person

23  has acquired voting securities of an underwriting member or

24  controlling company in violation of this subparagraph, the

25  department may order the person and affiliated person to

26  divest themselves of any voting securities so acquired.

27         k.(I)  The department shall, if necessary to protect

28  the public interest, suspend or revoke the certificate of

29  authority of any underwriting member or controlling company:

30         (A)  The control of which is acquired in violation of

31  this subparagraph;

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  1         (B)  That is controlled, directly or indirectly, by any

  2  person or any affiliated person of such person who, in

  3  violation of this subparagraph, has obtained control of an

  4  underwriting member or controlling company; or

  5         (C)  That is controlled, directly or indirectly, by any

  6  person who, directly or indirectly, controls any other person

  7  who, in violation of this subparagraph, acquires control of an

  8  underwriting member or controlling company.

  9         (II)  If any underwriting member is subject to

10  suspension or revocation pursuant to sub-sub-subparagraph (I),

11  the underwriting member shall be deemed to be in such

12  condition, or to be using or to have been subject to such

13  methods or practices in the conduct of its business, as to

14  render its further transaction of insurance presently or

15  prospectively hazardous to its policyholders, creditors, or

16  stockholders or to the public.

17         l.(I)  For the purpose of this sub-sub-subparagraph,

18  the term "affiliated person" of another person means:

19         (A)  The spouse of such other person;

20         (B)  The parents of such other person and their lineal

21  descendants and the parents of such other person's spouse and

22  their lineal descendants;

23         (C)  Any person who directly or indirectly owns or

24  controls, or holds with power to vote, 5 percent or more of

25  the outstanding voting securities of such other person;

26         (D)  Any person 5 percent or more of the outstanding

27  voting securities of which are directly or indirectly owned or

28  controlled, or held with power to vote, by such other person;

29         (E)  Any person or group of persons who directly or

30  indirectly control, are controlled by, or are under common

31  

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  1  control with such other person; or any officer, director,

  2  partner, copartner, or employee of such other person;

  3         (F)  If such other person is an investment company, any

  4  investment adviser of such company or any member of an

  5  advisory board of such company;

  6         (G)  If such other person is an unincorporated

  7  investment company not having a board of directors, the

  8  depositor of such company; or

  9         (H)  Any person who has entered into an agreement,

10  written or unwritten, to act in concert with such other person

11  in acquiring or limiting the disposition of securities of an

12  underwriting member or controlling company.

13         (II)  For the purposes of this section, the term

14  "controlling company" means any corporation, trust, or

15  association owning, directly or indirectly, 25 percent or more

16  of the voting securities of one or more underwriting members.

17         m.  The department is authorized to adopt, amend, or

18  repeal rules that are necessary to implement the provisions of

19  this subparagraph, pursuant to chapter 120.

20         44.  Background information.--The information as to the

21  background and identity of each person about whom information

22  is required to be furnished pursuant to sub-subparagraph 43.a.

23  shall include, but shall not be limited to:

24         a.  Such person's occupations, positions of employment,

25  and offices held during the past 10 years.

26         b.  The principal business and address of any business,

27  corporation, or other organization in which each such office

28  was held or in which such occupation or position of employment

29  was carried on.

30  

31  

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  1         c.  Whether, at any time during such 10-year period,

  2  such person was convicted of any crime other than a traffic

  3  violation.

  4         d.  Whether, during such 10-year period, such person

  5  has been the subject of any proceeding for the revocation of

  6  any license and, if so, the nature of such proceeding and the

  7  disposition thereof.

  8         e.  Whether, during such 10-year period, such person

  9  has been the subject of any proceeding under the federal

10  Bankruptcy Act or whether, during such 10-year period, any

11  corporation, partnership, firm, trust, or association in which

12  such person was a director, officer, trustee, partner, or

13  other official has been subject to any such proceeding, either

14  during the time in which such person was a director, officer,

15  trustee, partner, or other official, or within 12 months

16  thereafter.

17         f.  Whether, during such 10-year period, such person

18  has been enjoined, either temporarily or permanently, by a

19  court of competent jurisdiction from violating any federal or

20  state law regulating the business of insurance, securities, or

21  banking, or from carrying out any particular practice or

22  practices in the course of the business of insurance,

23  securities, or banking, together with details of any such

24  event.

25         45.  Security fund.--All underwriting members shall be

26  members of the security fund of any exchange.

27         46.  Underwriting member defined.--Whenever the term

28  "underwriting member" is used in this subsection, it shall be

29  construed to mean "underwriting syndicate."

30  

31  

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  1         47.  Offsets.--Any action, requirement, or constraint

  2  imposed by the department shall reduce or offset similar

  3  actions, requirements, or constraints of any exchange.

  4         48.  Restriction on member ownership.--

  5         a.  Investments existing prior to July 2, 1987.--The

  6  investment in any member by brokers, agents, and

  7  intermediaries transacting business on the exchange, and the

  8  investment in any such broker, agent, or intermediary by any

  9  member, directly or indirectly, shall in each case be limited

10  in the aggregate to less than 20 percent of the total

11  investment in such member, broker, agent, or intermediary, as

12  the case may be. After December 31, 1987, the aggregate

13  percent of the total investment in such member by any broker,

14  agent, or intermediary and the aggregate percent of the total

15  investment in any such broker, agent, or intermediary by any

16  member, directly or indirectly, shall not exceed 15 percent.

17  After June 30, 1988, such aggregate percent shall not exceed

18  10 percent and after December 31, 1988, such aggregate percent

19  shall not exceed 5 percent.

20         b.  Investments arising on or after July 2, 1987.--The

21  investment in any underwriting member by brokers, agents, or

22  intermediaries transacting business on the exchange, and the

23  investment in any such broker, agent, or intermediary by any

24  underwriting member, directly or indirectly, shall in each

25  case be limited in the aggregate to less than 5 percent of the

26  total investment in such underwriting member, broker, agent,

27  or intermediary.

28         49.  "Underwriting manager" defined.--"Underwriting

29  manager" as used in this subparagraph includes any person,

30  partnership, corporation, or organization providing any of the

31  following services to underwriting members of the exchange:

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  1         a.  Office management and allied services, including

  2  correspondence and secretarial services.

  3         b.  Accounting services, including bookkeeping and

  4  financial report preparation.

  5         c.  Investment and banking consultations and services.

  6         d.  Underwriting functions and services including the

  7  acceptance, rejection, placement, and marketing of risk.

  8         50.  Prohibition of underwriting manager

  9  investment.--Any direct or indirect investment in any

10  underwriting manager by a broker member or any affiliated

11  person of a broker member or any direct or indirect investment

12  in a broker member by an underwriting manager or any

13  affiliated person of an underwriting manager is prohibited.

14  "Affiliated person" for purposes of this subparagraph is

15  defined in subparagraph 43.

16         51.  An underwriting member may not accept reinsurance

17  on an assumed basis from an affiliate or a controlling

18  company, nor may a broker member or management company place

19  reinsurance from an affiliate or controlling company of theirs

20  with an underwriting member. "Affiliate and controlling

21  company" for purposes of this subparagraph is defined in

22  subparagraph 43.

23         52.  Premium defined.--"Premium" is the consideration

24  for insurance, by whatever name called. Any "assessment" or

25  any "membership," "policy," "survey," "inspection," "service"

26  fee or charge or similar fee or charge in consideration for an

27  insurance contract is deemed part of the premium.

28         53.  Rules.--The department shall promulgate rules

29  necessary for or as an aid to the effectuation of any

30  provision of this section.

31  

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  1         Section 26.  Subsection (1) of section 631.911, Florida

  2  Statutes, is repealed.

  3         Section 27.  Subsection (3) of section 631.912, Florida

  4  Statutes, is repealed.

  5         Section 28.  Section 631.929, Florida Statutes, is

  6  repealed.

  7         Section 29.  Section 636.016, Florida Statutes, is

  8  amended to read:

  9         636.016  Prepaid limited health service contracts.--For

10  any entity licensed prior to October 1, 1993, all subscriber

11  contracts in force at such time shall be in compliance with

12  this section upon renewal of such contract.

13         (1)  Any entity issued a certificate of authority and

14  otherwise in compliance with this act may enter into contracts

15  in this state to provide an agreed-upon set of limited health

16  services to subscribers in exchange for a prepaid per capita

17  sum or a prepaid aggregate fixed sum.

18         (a)  The department shall disapprove any form filed

19  under this subsection, or withdraw any previous approval

20  thereof, if the form:

21         1.  Is in any respect in violation of, or does not

22  comply with, any provision of this act or rule adopted

23  thereunder.

24         2.  Contains or incorporates by reference, where such

25  incorporation is otherwise permissible, any inconsistent,

26  ambiguous, or misleading clauses or exceptions and conditions

27  which deceptively affect the risk purported to be assumed in

28  the general coverage of the contract.

29         3.  Has any title, heading, or other indication of its

30  provisions which is misleading.

31  

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  1         4.  Is printed or otherwise reproduced in such a manner

  2  as to render any material provision of the form substantially

  3  illegible.

  4         5.  Contains provisions which are unfair, inequitable,

  5  or contrary to the public policy of this state or which

  6  encourage misrepresentation.

  7         6.  Charges rates that are determined by the department

  8  to be inadequate, excessive, or unfairly discriminatory, or if

  9  the rating methodology followed by the prepaid limited health

10  service organization is determined by the department to be

11  inconsistent with the provisions of s. 636.017.

12         (b)  It is not the intent of this subsection to

13  restrict unduly the right to modify rates in the exercise of

14  reasonable business judgment.

15         (c)  All contracts shall be for a minimum period of 12

16  months, unless the contract holder requests, in writing, a

17  shorter contract period.

18         (2)  Every prepaid limited health service organization

19  shall provide each subscriber a contract, a certificate,

20  membership card, or member handbook which must clearly state

21  all of the services to which a subscriber is entitled under

22  the contract and must include a clear and understandable

23  statement of any limitations on the services or kinds of

24  services to be provided, including any copayment feature or

25  schedule of benefits required by the contract or by any

26  insurer or entity which is underwriting any of the services

27  offered by the prepaid limited health service organization.

28  The contract, certificate, provider listing, or member

29  handbook must also state where and in what manner the health

30  services may be obtained.

31  

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  1         (3)  The documents provided pursuant to subsection (2)

  2  must have a clear and understandable description of the method

  3  used by the prepaid limited health service organization for

  4  resolving subscriber grievances and, for such documents

  5  printed after October 1, 1998, must contain the address of the

  6  department and the department's toll-free consumer hotline.

  7         (4)  The rate of payment for a prepaid limited health

  8  services contract sold on an individual basis must be a part

  9  of the contract and must be stated in individual contracts

10  issued to subscribers.

11         (5)  All prepaid limited health service coverage,

12  benefits, or services for a member of the family of the

13  subscriber must, as to such family member's coverage,

14  benefits, or services, provide also that the coverage,

15  benefits, or services applicable for children will be provided

16  with respect to a preenrolled newborn child of the subscriber,

17  or covered family member of the subscriber, from the moment of

18  birth, or adoption pursuant to chapter 63.

19         (6)  No alteration of any written application for any

20  prepaid limited health services contract may be made by any

21  person other than the applicant without his or her written

22  consent, except that insertions may be made by the prepaid

23  limited health service organization for administrative

24  purposes only, in such manner as to indicate clearly that such

25  insertions are not to be ascribed to the applicant.

26         (7)  No contract may contain any waiver of rights or

27  benefits provided to or available to subscribers under the

28  provisions of any law or rule applicable to prepaid limited

29  health service organizations.

30         (8)  Each document provided pursuant to subsection (2)

31  must state that emergency services, if any, will be provided

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  1  to subscribers in emergency situations not permitting

  2  treatment through the prepaid limited health service

  3  organization providers, without prior notification to and

  4  approval of the organization. The prepaid limited health

  5  services document must contain a definition of emergency

  6  services, describe procedures for determination by the prepaid

  7  limited health service organization of whether the services

  8  qualify for reimbursement as emergency services, and contain

  9  specific examples of what does constitute an emergency.

10         (9)(a)  All prepaid limited health services contracts,

11  certificates, and member handbooks must contain the following

12  provision:

13         "Grace Period: This contract has a ...(insert number of

14  days, but not less than 10 days)...-day grace period. This

15  provision means that if any required premium is not paid on or

16  before the date it is due, it may be paid subsequently during

17  the grace period. During the grace period, the contract will

18  stay in force."

19         (b)  Paragraph (a) does not apply to certificates or

20  member handbooks delivered to individual subscribers under a

21  group prepaid limited health services contract when the

22  employer who will hold the contract on behalf of the

23  subscriber group pays the entire premium for the individual

24  subscriber. However, such required provision applies to the

25  group prepaid limited health services contract.

26         (10)  The contract must clearly disclose the intent of

27  the prepaid limited health service organization as to the

28  applicability or nonapplicability of coverage to preexisting

29  conditions. The contract must also disclose what services are

30  excludable.

31  

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  1         (11)  All prepaid limited health service organization

  2  contracts which provide coverage for a member of the family of

  3  the subscriber, must, as to such family member's coverage,

  4  provide that coverage, benefits, or services applicable for

  5  children will be provided with respect to an adopted child of

  6  the subscriber, which child is placed in compliance with

  7  chapter 63, from the moment of placement in the residence of

  8  the subscriber. In the case of a newborn child, coverage

  9  begins from the moment of birth if a written agreement to

10  adopt such child has been entered into by the subscriber prior

11  to the birth of the child whether or not such agreement is

12  enforceable. However, coverage for such child is not required

13  if the child is not ultimately adopted by the subscriber in

14  compliance with chapter 63.

15         (12)  Each prepaid limited health service organization

16  shall provide prospective enrollees, upon request, with

17  written information about the terms and conditions of the plan

18  in accordance with subsection (2) to enable prospective

19  enrollees to make informed decisions about accepting a

20  managed-care system of limited health care delivery. All

21  marketing materials printed by the prepaid limited health

22  services organization, after October 1, 1997, must contain a

23  notice in boldfaced type which states that the information

24  required under this section is available to prospective

25  enrollees upon request.

26         (13)  Each prepaid limited health service organization

27  shall make available to all subscribers, upon request, a

28  description of the authorization and referral process for

29  services or a description of the process used to analyze the

30  qualifications and credentials of providers under contract

31  with the organization.

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  1         Section 30.  Subsection (1) and paragraph (a) of

  2  subsection (4) of section 636.043, Florida Statutes, are

  3  amended to read:

  4         636.043  Annual, quarterly, and miscellaneous

  5  reports.--

  6         (1)  Each prepaid limited health service organization

  7  must file with the department annually, within 3 months after

  8  the end of its fiscal year, a report verified by the oath of

  9  at least two officers covering the preceding calendar year.

10  Any organization licensed prior to October 1, 1993, shall not

11  be required to file a financial statement, as required by

12  paragraph (2)(a), based on statutory accounting principles

13  until the first annual report for fiscal years ending after

14  December 31, 1994.

15         (4)  Each authorized prepaid limited health service

16  organization must file a quarterly report for each calendar

17  quarter within 45 days after the end of the quarter. The

18  report shall contain:

19         (a)  A financial statement prepared in accordance with

20  statutory accounting principles. Any entity licensed before

21  October 1, 1993, shall not be required to file a financial

22  statement based on statutory accounting principles until the

23  first quarterly filing after the entity files its annual

24  financial statement based on statutory accounting principles

25  as required by subsection (1).

26         Section 31.  Section 713.5955, Florida Statutes, is

27  repealed.

28         Section 32.  Subsection (3) of section 721.24, Florida

29  Statutes, is amended to read:

30         721.24  Firesafety.--

31  

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  1         (3)  The Division of State Fire Marshal of the

  2  Department of Insurance may prescribe uniform standards for

  3  firesafety equipment for timeshare units of timeshare plans

  4  for which the construction contracts were let before October

  5  1, 1983. An entire building shall be equipped as outlined,

  6  except that the approved sprinkler system may be delayed by

  7  the Division of State Fire Marshal until October 1, 1991, on a

  8  schedule for complete compliance in accordance with rules

  9  adopted by the Division of State Fire Marshal, which schedule

10  shall include a provision for a 1-year extension which may be

11  granted not more than three times for any individual

12  requesting an extension. The entire system must be installed

13  and operational by October 1, 1994. The Division of State Fire

14  Marshal shall not grant an extension for the approved

15  sprinkler system unless a written request for the extension

16  and a construction work schedule is submitted. The Division of

17  State Fire Marshal may grant an extension upon demonstration

18  that compliance with this section by the date required would

19  impose an extreme hardship and a disproportionate financial

20  impact. Any establishment that has been granted an extension

21  by the Division of State Fire Marshal shall post, in a

22  conspicuous place on the premises, a public notice stating

23  that the establishment has not yet installed the approved

24  sprinkler system required by law.

25         Section 33.  Paragraph (d) of subsection (2) of section

26  744.7021, Florida Statutes, is amended to read:

27         744.7021  Statewide Public Guardianship Office.--There

28  is hereby created the Statewide Public Guardianship Office

29  within the Department of Elderly Affairs. The Department of

30  Elderly Affairs shall provide administrative support and

31  service to the office to the extent requested by the executive

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  1  director within the available resources of the department. The

  2  Statewide Public Guardianship Office may request the

  3  assistance of the Inspector General of the Department of

  4  Elderly Affairs in providing auditing services, and the Office

  5  of General Counsel of the department may provide assistance in

  6  rulemaking and other matters as needed to assist the Statewide

  7  Public Guardianship Office. The Statewide Public Guardianship

  8  Office shall not be subject to control, supervision, or

  9  direction by the Department of Elderly Affairs in the

10  performance of its duties.

11         (2)  The Statewide Public Guardianship Office shall,

12  within available resources, have oversight responsibilities

13  for all public guardians.

14         (d)  No later than October 1, 2000, the office shall

15  submit to the Governor, the President of the Senate, the

16  Speaker of the House of Representatives, and the Chief Justice

17  of the Supreme Court an interim report describing the progress

18  of the office in meeting the goals as described in this

19  section. No later than October 1, 2001, the office shall

20  submit to the Governor, the President of the Senate, the

21  Speaker of the House of Representatives, and the Chief Justice

22  of the Supreme Court a proposed public guardianship plan

23  including alternatives for meeting the state's guardianship

24  needs. This plan may include recommendations for less than the

25  entire state, may include a phase-in system, and shall include

26  estimates of the cost of each of the alternatives. Each year

27  thereafter, the office shall provide a status report and

28  provide further recommendations to address the need for public

29  guardianship services and related issues.

30         Section 34.  Section 753.004, Florida Statutes, is

31  repealed.

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  1         Section 35.  This act shall take effect July 1, 2001.

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