House Bill hb4007e1

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                                       CS/HB 4007, First Engrossed



  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  3         repealed provisions of law; repealing various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  6         purpose, or have been impliedly repealed or

  7         superseded; deleting the Division of Blind

  8         Services from the Department of Labor and

  9         Employment Security to conform to the transfer

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

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

12         to qualifications of county court judges;

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

14         provision relating to adoption of rules of

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

16         F.S., relating to obsolete provisions relating

17         to lands subject to tax sale certificates and

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

19         relating to limitation on aviation fuel tax;

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

21         provisions relating to the sales, rental, use,

22         consumption, distribution, and storage tax;

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

24         rulemaking authority to implement s.

25         220.15(2)(c), (4)(c), and (8), F.S.; deleting

26         obsolete provision relating to report by Board

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

28         deleting obsolete provision relating to

29         xeriscape landscaping on public property;

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

31         obsolete provision relating to regional water


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                                       CS/HB 4007, First Engrossed



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

  2         relating to standards for compressed air used

  3         for recreational diving; deleting obsolete

  4         effective date for said section; amending s.

  5         394.4985, F.S.; deleting obsolete provision

  6         relating to implementation plan for a

  7         districtwide comprehensive child and adolescent

  8         mental health information and referral network;

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

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

11         F.S.; deleting obsolete provision relating to

12         evaluations and recommendations relating to the

13         drug-screening and drug-testing program;

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

15         provision relating to changes in membership

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

17         repealing obsolete provision relating to a

18         report to the Legislature by the Workers'

19         Compensation Oversight Board; repealing s.

20         468.609(6)(b), F.S.; deleting obsolete

21         provision relating to building code

22         administrators, plans examiners, and building

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

24         relating to legislative findings relating to

25         Appaloosa racing and breeding; repealing s.

26         624.4085(11), F.S., relating to risk-based

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

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

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

30         repealing obsolete provision relating to

31         establishment of criteria by the continuing


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                                       CS/HB 4007, First Engrossed



  1         education advisory board; amending s. 626.918,

  2         F.S.; repealing obsolete provisions relating to

  3         the required surplus as to policyholders for

  4         surplus lines insurers; repealing s. 627.4145

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

  6         provisions relating to readable language in

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

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

  9         medical malpractice insurance contracts;

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

11         provision relating to operating losses by

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

13         obsolete provisions relating to capitalization

14         by underwriting members and certain investments

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

16         631.911(1), F.S., relating to creation of the

17         Florida Workers' Compensation Insurance

18         Guaranty Association, Incorporated, merger, and

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

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

21         Florida Workers' Compensation Insurance

22         Guaranty Association, Incorporated; deleting

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

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

25         election of remedies; amending s. 636.016,

26         F.S.; repealing obsolete provision relating to

27         prepaid limited health service organizations

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

29         636.043, F.S.; repealing obsolete provisions

30         relating to financial statements required by

31         certain prepaid limited health service


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                                       CS/HB 4007, First Engrossed



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

  2         relating to acquisition of title to unclaimed

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

  4         obsolete provisions relating to delay of

  5         installation of firesafety equipment for

  6         timeshare units of timeshare plans; amending s.

  7         744.7021, F.S.; repealing obsolete provision

  8         relating to submission of report relating to

  9         the Statewide Public Guardianship Office;

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

11         supervised visitation projects; providing an

12         effective date.

13

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

15

16         Section 1.  Subsection (3) of section 34.021, Florida

17  Statutes, is repealed.

18         Section 2.  Subsection (1) of section 39.824, Florida

19  Statutes, is amended to read:

20         39.824  Procedures and jurisdiction.--

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

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

23  All procedures, including petitions, pleadings, subpoenas,

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

25  guardian advocate shall be according to the Florida Rules of

26  Juvenile Procedure unless otherwise provided by law.

27         Section 3.  Subsection (1) of section 193.102, Florida

28  Statutes, is repealed.

29         Section 4.  Subsection (2) of section 206.9825, Florida

30  Statutes, is repealed.

31


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                                       CS/HB 4007, First Engrossed



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

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

  3  Florida Statutes, are amended to read:

  4         212.08  Sales, rental, use, consumption, distribution,

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

  6  the rental, the use, the consumption, the distribution, and

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

  8  following are hereby specifically exempt from the tax imposed

  9  by this chapter.

10         (7)  MISCELLANEOUS EXEMPTIONS.--

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

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

13  charges for electricity or steam used to operate machinery and

14  equipment at a fixed location in this state when such

15  machinery and equipment is used to manufacture, process,

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

17  personal property for sale, or to operate pollution control

18  equipment, recycling equipment, maintenance equipment, or

19  monitoring or control equipment used in such operations are

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

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

22  is used to operate qualifying machinery or equipment, 100

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

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

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

26  location is used to operate qualifying machinery or equipment,

27  50 percent of the charges for electricity or steam used at the

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

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

30  operate qualifying machinery or equipment, none of the charges

31


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                                       CS/HB 4007, First Engrossed



  1  for electricity or steam used at the fixed location are

  2  exempt.

  3         2.  This exemption applies only to industries

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

  5  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

  6  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

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

  8  in the Standard Industrial Classification Manual, 1987, as

  9  published by the Office of Management and Budget, Executive

10  Office of the President.

11         3.  Possession by a seller of a written certification

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

13  exemption permitted by this subsection, relieves the seller

14  from the responsibility of collecting the tax on the

15  nontaxable amounts, and the department shall look solely to

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

17  the purchaser was not entitled to the exemption.

18         4.  Such exemption shall be applied as follows:

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

20  for such electricity shall be exempt.

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

22  for such electricity shall be exempt.

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

24  for such electricity or steam shall be exempt.

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

26  for such electricity or steam shall be exempt.

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

28  for such electricity or steam shall be exempt.

29         5.  Notwithstanding any other provision in this

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

31  provided in this paragraph a taxpayer must first register with


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                                       CS/HB 4007, First Engrossed



  1  the WAGES Program Business Registry established by the local

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

  3  Such registration establishes a commitment on the part of the

  4  taxpayer to hire WAGES program participants to the maximum

  5  extent possible consistent with the nature of their business.

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

  7  provided in this paragraph from the tax on charges for

  8  electricity or steam has an effect on retaining or attracting

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

10  and Government Accountability shall monitor and report on the

11  industries receiving the exemption.

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

13  1, 2001, and must be comprehensive in scope, but, at a

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

15  determine the number of companies within each SIC Industry

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

17  the number of individuals employed by companies within each

18  SIC Industry Major Group receiving the exemption as of

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

20  of companies or employees is attributable to the exemption

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

22  policy to continue or discontinue the exemption, and the

23  consequences of doing so.

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

25  the Senate, the Speaker of the House of Representatives, the

26  Senate Minority Leader, and the House Minority Leader.

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

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

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

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

31  in the repair of and incorporated into, industrial machinery


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                                       CS/HB 4007, First Engrossed



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

  2  compounding, production, or preparation for shipping of items

  3  of tangible personal property at a fixed location within this

  4  state.

  5         2.  This exemption applies only to industries

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

  7  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

  8  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

  9  in this subparagraph, "SIC" means those classifications

10  contained in the Standard Industrial Classification Manual,

11  1987, as published by the Office of Management and Budget,

12  Executive Office of the President.

13         3.  This exemption shall be applied as follows:

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

15  for repair parts and labor shall be exempt.

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

17  for repair parts and labor shall be exempt.

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

19  charges for repair parts and labor shall be exempt.

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

21  charges for repair parts and labor shall be exempt.

22

23  Exemptions provided to any entity by this subsection shall not

24  inure to any transaction otherwise taxable under this chapter

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

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

27  check, or credit card even when that representative or

28  employee is subsequently reimbursed by such entity.

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

30         (d)  The exemption provided in this subsection applies

31  as follows:


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                                       CS/HB 4007, First Engrossed



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

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

  3  or cost price of such overhead materials.

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

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

  6  or cost price of such overhead materials.

  7         1.3.  Beginning July 1, 2001, the tax imposed by this

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

  9  or cost price of such overhead materials.

10         2.4.  Beginning July 1, 2002, the tax imposed by this

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

12  or cost price of such overhead materials.

13         3.5.  Beginning July 1, 2003, the entire sales price or

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

15  imposed by this chapter.

16

17  The exemption provided in this subsection does not apply to

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

19  contract that is not a qualifying contract.

20         Section 6.  Section 220.1501, Florida Statutes, is

21  amended to read:

22         220.1501  Rulemaking authority to implement s.

23  220.15(2)(c), (4)(c), and (8).--The Department of Revenue has

24  authority to adopt rules pursuant to the Administrative

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

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

27  Regents and the president of each participating nonpublic

28  university shall monitor the various sponsored research

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

30  Representatives and to the President of the Senate by February

31  1, 2000, which shall provide any necessary information which


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                                       CS/HB 4007, First Engrossed



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

  2  successful in attracting additional sponsored research

  3  contracts.

  4         Section 7.  Subsection (3) of section 255.259, Florida

  5  Statutes, is repealed.

  6         Section 8.  Subsection (3) of section 373.0361, Florida

  7  Statutes, is repealed.

  8         Section 9.  Subsection (7) of section 381.895, Florida

  9  Statutes, is repealed.

10         Section 10.  Subsection (1) of section 394.4985,

11  Florida Statutes, is amended to read:

12         394.4985  Districtwide information and referral

13  network; implementation.--

14         (1)  Each service district of the Department of

15  Children and Family Services shall develop a detailed

16  implementation plan for a districtwide comprehensive child and

17  adolescent mental health information and referral network to

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

19  operating budget that demonstrates cost efficiencies and

20  identifies funding sources for the district information and

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

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

23  existing district information and referral providers if, in

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

25  providers would deliver information and referral services in a

26  more efficient and effective manner when compared to other

27  alternatives. The district information and referral network

28  must include:

29         (a)  A resource file that contains information about

30  the child and adolescent mental health services as described

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


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                                       CS/HB 4007, First Engrossed



  1         1.  Type of program;

  2         2.  Hours of service;

  3         3.  Ages of persons served;

  4         4.  Program description;

  5         5.  Eligibility requirements; and

  6         6.  Fees.

  7         (b)  Information about private providers and

  8  professionals in the community which serve children and

  9  adolescents with an emotional disturbance.

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

11  are received through the network referral process, including,

12  but not limited to:

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

14         2.  Ages of the children and adolescents for whom

15  services are requested; and

16         3.  Type of referral made by the network.

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

18  appropriate community agencies.

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

20  department, the Agency for Health Care Administration, and

21  appropriate local government entities, which contains

22  information about the sources and frequency of requests for

23  information, types and frequency of services requested, and

24  types and frequency of referrals made.

25         Section 11.  Section 409.2559, Florida Statutes, is

26  repealed.

27         Section 12.  Subsection (5) of section 414.70, Florida

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

29  of Florida, is repealed.

30         Section 13.  Subsection (3) of section 420.504, Florida

31  Statutes, is amended to read:


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                                       CS/HB 4007, First Engrossed



  1         420.504  Public corporation; creation, membership,

  2  terms, expenses.--

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

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

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

  6  not limited to, personnel, purchasing, transactions involving

  7  real or personal property, and budgetary matters. The

  8  corporation shall consist of a board of directors composed of

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

10  member and eight members appointed by the Governor subject to

11  confirmation by the Senate from the following:

12         (a)  One citizen actively engaged in the residential

13  home building industry.

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

15  mortgage banking industry.

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

17  of labor engaged in home building.

18         (d)  One citizen with experience in housing development

19  who is an advocate for low-income persons.

20         (e)  One citizen actively engaged in the commercial

21  building industry.

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

23  elected official.

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

25  employed as members or representatives of any of the groups

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

27

28  The changes in membership categories required by this act

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

30  in 1998.

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                                       CS/HB 4007, First Engrossed



  1         Section 14.  Paragraph (a) of subsection (2) of section

  2  440.4416, Florida Statutes, is amended to read:

  3         440.4416  Workers' Compensation Oversight Board.--

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

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

  6  convenient to carry out and effectuate the purposes of this

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

  8         1.  Conduct public hearings.

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

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

11  incentives for employers who encourage such a program and

12  disincentives for employers who hinder such a program.

13         2.3.  Prescribe qualifications for board employees.

14         3.4.  Appear on its own behalf before other boards,

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

16         4.5.  Make and execute contracts to the extent that

17  such contracts are consistent with duties and powers set forth

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

19         Section 15.  Paragraph (b) of subsection (6) of section

20  468.609, Florida Statutes, is repealed.

21         Section 16.  Subsection (1) of section 570.381, Florida

22  Statutes, is repealed.

23         Section 17.  Subsection (11) of section 624.4085,

24  Florida Statutes, is repealed.

25         Section 18.  Subsection (2) of section 624.4392,

26  Florida Statutes, is repealed.

27         Section 19.  Paragraph (a) of subsection (6) of section

28  626.2815, Florida Statutes, is amended to read:

29         626.2815  Continuing education required; application;

30  exceptions; requirements; penalties.--

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                                       CS/HB 4007, First Engrossed



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

  2  education advisory board to be appointed by the Insurance

  3  Commissioner and Treasurer. Appointments shall be for terms of

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

  5  in determining standards by which courses may be evaluated and

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

  7  shall establish such criteria and the department shall

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

  9  submit recommendations to the department of changes needed in

10  such criteria not less frequently than every 2 years

11  thereafter. The department shall require all approved course

12  providers to submit courses for approval to the department

13  using the criteria. All materials, brochures, and

14  advertisements related to the approved courses must specify

15  the level assigned to the course.

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

17  626.918, Florida Statutes, is amended to read:

18         626.918  Eligible surplus lines insurers.--

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

20  eligible surplus lines insurer unless made eligible by the

21  department in accordance with the following conditions:

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

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

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

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

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

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

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

29  represented by investments consisting of eligible investments

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

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


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                                       CS/HB 4007, First Engrossed



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

  2  represented by investments permitted by the domestic regulator

  3  of such alien insurance company if such investments are

  4  substantially similar in terms of quality, liquidity, and

  5  security to eligible investments for like funds of like

  6  domestic insurers under part II of chapter 625;

  7         2.  For those surplus lines insurers that were eligible

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

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

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

11  $2.5 million.

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

13  $3.5 million.

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

15  $4.5 million.

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

17  $5.5 million.

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

19  $6.5 million.

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

21  $8 million.

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

23  2001, $9.5 million.

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

25  2002, $11 million.

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

27  2003, $13 million.

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

29  million.

30         3.  The capital and surplus requirements as set forth

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


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                                       CS/HB 4007, First Engrossed



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

  2  exchange maintains capital and surplus pursuant to the

  3  requirements of that state, or maintains capital and surplus

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

  5  an insurance exchange which maintains funds in the amount of

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

  7  exchange policyholders, each individual syndicate shall

  8  maintain minimum capital and surplus in an amount not less

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

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

11  of all insurance exchange policyholders, each individual

12  syndicate shall meet the minimum capital and surplus

13  requirements set forth in subparagraph 2.;

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

15  insurance holding company that includes a member which is a

16  Florida domestic insurer as set forth in its holding company

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

18  adopted thereunder, may elect to maintain surplus as to

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

20  624.408, subject to the requirement that the surplus lines

21  insurer shall at all times be in compliance with the

22  requirements of chapter 625.

23

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

25  effective upon the department's being satisfied that the

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

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

28  election approval application shall be on a form adopted by

29  department rule. The department may approve an election form

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

31  with the department before February 28, 1998;


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                                       CS/HB 4007, First Engrossed



  1         Section 21.  Paragraph (e) of subsection (6) of section

  2  627.4145, Florida Statutes, is repealed.

  3         Section 22.  Subsection (3) of section 627.4147,

  4  Florida Statutes, is repealed.

  5         Section 23.  Paragraph (b) of subsection (1) of section

  6  627.6492, Florida Statutes, is amended to read:

  7         627.6492  Participation of insurers.--

  8         (1)

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

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

11  participating insurer shall not exceed .375 percent of such

12  insurer's health insurance premiums earned in this state

13  during 1990. For operating losses incurred in 1992 and

14  thereafter, the total of all assessments upon a participating

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

16  insurance premium earned in this state during the calendar

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

18         Section 24.  Paragraph (b) of subsection (6) of section

19  629.401, Florida Statutes, is amended to read:

20         629.401  Insurance exchange.--

21         (6)

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

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

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

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

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

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

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

29  conducted by the accredited examiners of the department at the

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

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                                       CS/HB 4007, First Engrossed



  1  shall examine in like manner each prospective member or

  2  associate broker applying for membership in an exchange.

  3         2.  Departmental approval and applications of

  4  underwriting members.--No underwriting member shall commence

  5  operation without the approval of the department. Before

  6  commencing operation, an underwriting member shall provide a

  7  written application containing:

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

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

10  qualifications of each person associated or to be associated

11  in the formation or financing of the underwriting member.

12         c.  Full disclosure of the terms of all understandings

13  and agreements existing or proposed among persons so

14  associated relative to the underwriting member, or the

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

16  such agreement or understanding.

17         d.  Full disclosure of the terms of all understandings

18  and agreements existing or proposed for management or

19  exclusive agency contracts.

20         3.  Investigation of underwriting member

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

22  underwriting member, the department shall make an

23  investigation of:

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

25  motives of the organizers, incorporators, or subscribers

26  organizing the proposed underwriting member.

27         b.  The character, financial responsibility, insurance

28  experience, and business qualifications of its proposed

29  officers.

30

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                                       CS/HB 4007, First Engrossed



  1         c.  The character, financial responsibility, business

  2  experience, and standing of the proposed stockholders and

  3  directors, or owners.

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

  5  member shall promptly give the department written notice of

  6  any change among the directors or principal officers of the

  7  underwriting member within 30 days after such change. The

  8  department shall investigate the new directors or principal

  9  officers of the underwriting member. The department's

10  investigation shall include an investigation of the character,

11  financial responsibility, insurance experience, and business

12  qualifications of any new directors or principal officers. As

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

14  underwriting member to replace any new directors or principal

15  officers.

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

17  financial examination, the department may accept an audited

18  financial statement.

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

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

21  inadequately kept or posted, it may employ experts to

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

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

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

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

26  notice and reasonable opportunity to do so.

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

28  who or which willfully obstructs the department or its

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

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

31  775.083.


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                                       CS/HB 4007, First Engrossed



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

  2  member shall file with the department a full and true

  3  statement of its financial condition, transactions, and

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

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

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

  7  year. The statement shall contain information generally

  8  included in insurer financial statements prepared in

  9  accordance with generally accepted insurance accounting

10  principles and practices and in a form generally utilized by

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

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

13  financial statements shall be the approved form of the

14  National Association of Insurance Commissioners or its

15  successor organization. The department may by rule require

16  each insurer to submit any part of the information contained

17  in the financial statement in a computer-readable form

18  compatible with the department's electronic data processing

19  system. In addition to information furnished in connection

20  with its annual statement, an underwriting member must furnish

21  to the department as soon as reasonably possible such

22  information about its transactions or affairs as the

23  department requests in writing. All information furnished

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

25  oath of two executive officers of the underwriting member.

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

27  have and maintain its principal place of business in this

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

29  transactions, and affairs in accordance with such methods and

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

31  of insurance transacted.


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                                       CS/HB 4007, First Engrossed



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

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

  3  626.051, s. 626.062, or s. 626.914, has violated or is

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

  5  of a written complaint signed by any interested person

  6  indicating that any such violation may exist, the department

  7  shall conduct such examination as it deems necessary of the

  8  accounts, records, documents, and transactions pertaining to

  9  or affecting the insurance affairs of such agent.

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

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

12  examination. The report shall contain only information

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

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

15  from testimony of individuals under oath, together with

16  relevant conclusions and recommendations of the examiner based

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

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

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

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

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

22  file the report until after the hearing and after such

23  modifications have been made therein as the department deems

24  proper.

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

26  examination when filed shall be admissible in evidence in any

27  action or proceeding brought by the department against the

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

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

30  examiners may at any time testify and offer other proper

31  evidence as to information secured or matters discovered


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                                       CS/HB 4007, First Engrossed



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

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

  3  filed in the department.

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

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

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

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

  8         14.  Consideration of examination reports by entity

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

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

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

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

13  person or a representative of any entity examined, stating

14  that the report has been read and that the recommendations

15  made in the report will be considered within a reasonable

16  time.

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

18  by the department shall pay to the department the expenses

19  incurred in such examination.

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

21  department for any expenses incurred by it relating to the

22  regulation of the exchange and its members, except as

23  specified in subparagraph 15.

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

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

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

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

28  receive oral and documentary evidence, and shall have the

29  power to subpoena witnesses, compel their attendance and

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

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


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                                       CS/HB 4007, First Engrossed



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

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

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

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

  5  circuit court of the county wherein such examination,

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

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

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

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

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

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

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

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

14  same as for testimony in a circuit court.

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

16  falsely under oath as to any matter material to any

17  examination, investigation, or hearing shall upon conviction

18  thereof be guilty of perjury and shall be punished

19  accordingly.

20         19.  Self-incrimination.--

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

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

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

24  examination, hearing, or investigation being conducted by the

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

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

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

28  the person notwithstanding is directed to give such testimony

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

30  the department and the Department of Legal Affairs,

31  nonetheless comply with such direction; but the person shall


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                                       CS/HB 4007, First Engrossed



  1  not thereafter be prosecuted or subjected to any penalty or

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

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

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

  5  produced shall be received against him or her upon any

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

  7  such person so testifying shall be exempt from prosecution or

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

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

10  shall be admissible against him or her upon any criminal

11  action, investigation, or proceeding concerning such perjury,

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

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

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

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

16  file in the office of the department a statement expressly

17  waiving such immunity or privilege in respect to any

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

19  thereupon the testimony of such individual or such evidence in

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

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

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

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

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

25  given or evidence so produced.

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

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

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

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

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

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


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                                       CS/HB 4007, First Engrossed



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

  2  775.082 or s. 775.083.

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

  4  formed or authorized to transact insurance in this state under

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

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

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

  8  the type of organization of the insurer. Before incorporating

  9  under or using any name, the underwriting syndicate or

10  proposed underwriting syndicate shall submit its name or

11  proposed name to the department for the approval of the

12  department.

13         22.  Capitalization.--An underwriting member approved

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

15  capital and surplus of $3 million and thereafter shall

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

17  to be permitted to write insurance. Underwriting members

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

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

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

21  maintain a minimum policyholder surplus of $1.5 million to

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

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

24  policyholder surplus of $1.75 million to write insurance.

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

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

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

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

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

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

31  underwriting member in a manner consistent with ss.


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                                       CS/HB 4007, First Engrossed



  1  625.301-625.340. The portion of the paid-in capital and

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

  3  in a manner limited to investments for life insurance

  4  companies under the Florida insurance laws.

  5         23.  Limitations on coverage written.--

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

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

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

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

10  reinsurer authorized or approved to do such business in this

11  state shall be deducted in determining the limitation of risk

12  prescribed in this section.

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

14  department has reason to believe that the underwriting

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

16  premiums to policyholder surplus exceeds 8 to 1 or the

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

18  premiums to policyholder surplus exceeds 4 to 1, the

19  department may establish maximum gross or net annual premiums

20  to be written by the underwriting member consistent with

21  maintaining the ratios specified in this sub-subparagraph.

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

23  based on the actual writings to date for the underwriting

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

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

26  annualized basis.

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

28  "gross written premiums" means direct premiums written and

29  reinsurance assumed.

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

31  determining the limitation on coverage written, surplus as to


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                                       CS/HB 4007, First Engrossed



  1  policyholders shall be deemed to include any voluntary

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

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

  4  statement of such underwriting member with the department, or

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

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

  7  risk.

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

  9  reserves for business written on the exchange shall be

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

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

12  premiums on any marine or transportation insurance trip risk

13  shall be deemed unearned until the trip is terminated.

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

15  exchange shall maintain loss reserves, including a reserve for

16  incurred but not reported claims. The reserves shall be

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

18  shows that an underwriting member's loss reserves are

19  inadequate, the department shall require the underwriting

20  member to maintain loss reserves in such additional amount as

21  is needed to make them adequate.

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

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

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

25  accumulated surplus funds which is derived from realized net

26  operating profits on its business and realized capital gains.

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

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

29  preceding year, unless otherwise approved by the department.

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

31  underwriting member either impaired or insolvent.


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                                       CS/HB 4007, First Engrossed



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

  2  an underwriting member out of any available surplus funds in

  3  excess of the aggregate amount of surplus advanced to the

  4  underwriting member under subparagraph 29.

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

  6  otherwise lawful may be payable out of an underwriting

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

  8  underwriting member is then less than the aggregate of its

  9  past contributed surplus resulting from issuance of its

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

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

12         a.  An underwriting member may borrow money to defray

13  the expenses of its organization, provide it with surplus

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

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

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

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

18  exceeding 15 percent simple interest per annum. The interest

19  shall or shall not constitute a liability of the underwriting

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

21  stipulated in the agreement. No commission or promotion

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

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

24  subject to the approval of the department.

25         b.  Money so borrowed, together with any interest

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

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

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

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

30  repayment, financial statements filed or published by an

31  underwriting member shall show as a footnote thereto the


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                                       CS/HB 4007, First Engrossed



  1  amount thereof then unpaid, together with any interest thereon

  2  accrued but unpaid.

  3         30.  Liquidation, rehabilitation, and

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

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

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

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

  8  policy or contract provisions; increase surplus or capital

  9  requirements of underwriting members; issue cease and desist

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

11  right to transact business; place an underwriting member under

12  conservatorship or rehabilitation; or seek an order of

13  liquidation as authorized by part I of chapter 631.

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

15  member, associate broker, or affiliated person shall

16  constitute prohibited conduct:

17         a.  Fraud.

18         b.  Fraudulent or dishonest acts committed by a member

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

20  facts and circumstances were not disclosed to the department

21  upon application to become a member or associate broker.

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

23         d.  Unethical or improper practices or conduct,

24  inconsistent with just and equitable principles of trade as

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

26  626.973.

27         e.  Failure to use due diligence to ascertain the

28  insurance needs of a client or a principal.

29         f.  Misstatements made under oath or upon an

30  application for membership on an exchange.

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                                       CS/HB 4007, First Engrossed



  1         g.  Failure to testify or produce documents when

  2  requested by the department.

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

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

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

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

  7         j.  Violation of the constitution and bylaws of the

  8  exchange.

  9         32.  Penalties for participating in prohibited

10  conduct.--

11         a.  The department may order the suspension of further

12  transaction of business on the exchange of any member or

13  associate broker found to have engaged in prohibited conduct.

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

15  engaged in prohibited conduct may be subject to reprimand,

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

17  department.

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

19  found to have engaged in prohibited conduct shall be subject

20  to involuntary withdrawal or in addition thereto may be

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

22  exceeding $25,000.

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

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

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

26  equitable.

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

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

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

30  associate broker and may be proceeded against by the

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                                       CS/HB 4007, First Engrossed



  1  department for any offense committed either before or after

  2  the date of suspension.

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

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

  5  and conditions as the department may specify.

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

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

  8  into the Insurance Commissioner's Regulatory Trust Fund.

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

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

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

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

13  such fine.

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

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

16  of an underwriting member, the underwriting member shall

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

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

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

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

21         39.  Retaliation.--

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

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

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

25  other material obligations, prohibitions, or restrictions are

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

27  representatives of such exchange which are in excess of such

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

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

30  or other obligations, prohibitions, or restrictions directly

31  imposed upon similar exchanges or upon the agents or


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                                       CS/HB 4007, First Engrossed



  1  representatives of such exchanges of such other state or

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

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

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

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

  6  material obligations, prohibitions, or restrictions of

  7  whatever kind shall be imposed by the department upon the

  8  exchanges, or upon the agents or representatives of such

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

10  seeking to do business in this state.

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

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

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

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

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

16  country within the meaning of sub-subparagraph a.

17         40.  Agents.--

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

19  and 626.914 who are broker members or associate broker members

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

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

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

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

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

25  626.914. The activities of each broker member or associate

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

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

28  all such activities shall constitute transactions under his or

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

30  insurance law.

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                                       CS/HB 4007, First Engrossed



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

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

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

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

  5  questions thereafter arising under the coverage as between the

  6  underwriting member and the insured, the underwriting member

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

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

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

10  unearned premiums which may become payable to the insured upon

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

12  surplus lines agent is indebted to the underwriting member

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

14         41.  Improperly issued contracts, riders, and

15  endorsements.--

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

17  by an underwriting member and otherwise valid which contains

18  any condition or provision not in compliance with the

19  requirements of this section shall not be thereby rendered

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

21  construed and applied in accordance with such conditions and

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

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

24  event an underwriting member issues or delivers any policy for

25  an amount which exceeds any limitations otherwise provided in

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

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

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

29  imposed.

30         b.  Any insurance contract delivered or issued for

31  delivery in this state governing a subject or subjects of


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                                       CS/HB 4007, First Engrossed



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

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

  3  underwriting member may not lawfully insure under such a

  4  contract shall be cancelable at any time by the underwriting

  5  member, any provision of the contract to the contrary

  6  notwithstanding; and the underwriting member shall promptly

  7  cancel the contract in accordance with the request of the

  8  department therefor. No such illegality or cancellation shall

  9  be deemed to relieve the underwriting syndicate of any

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

11  to prohibit the underwriting syndicate from retaining the pro

12  rata earned premium thereon. This provision does not relieve

13  the underwriting syndicate from any penalty otherwise incurred

14  by the underwriting syndicate.

15         42.  Satisfaction of judgments.--

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

17  heretofore or hereafter entered in any court of competent

18  jurisdiction against any underwriting member shall be fully

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

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

21  60 days from and after the affirmance of the judgment or

22  decree by the appellate court.

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

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

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

26  transcript of the docket of the judgment or the decree

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

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

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

30  department shall forthwith prohibit the underwriting member

31  from transacting business. The department shall not permit


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                                       CS/HB 4007, First Engrossed



  1  such underwriting member to write any new business until the

  2  judgment or decree is wholly paid and satisfied and proof

  3  thereof is filed with the department under the official

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

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

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

  7  are also paid by the underwriting syndicate.

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

  9  conclude a tender offer or an exchange offer or otherwise

10  acquire 5 percent or more of the outstanding voting securities

11  of an underwriting member or controlling company or purchase 5

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

13  controlling company unless such person has filed with, and

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

15  underwriting member a statement setting forth:

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

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

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

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

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

21  other natural person performing duties similar to those of a

22  director, officer, or trustee for the corporation,

23  association, or trust.

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

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

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

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

28  consolidate it.

29         d.  The percentage of ownership which such person

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

31  the case may be.


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                                       CS/HB 4007, First Engrossed



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

  2  understandings with any party with respect to any securities

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

  4  limited to, information relating to the transfer of any

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

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

  7  such contract, arrangements, or understandings have been

  8  entered and giving the details thereof.

  9         f.  The department may disapprove any acquisition

10  subject to the provisions of this subparagraph by any person

11  or any affiliated person of such person who:

12         (I)  Willfully violates this subparagraph;

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

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

15  herself of any stock obtained in violation of this

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

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

18  such order; or

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

20  department pursuant to sub-subparagraph j., acquires

21  additional stock of the underwriting member or controlling

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

23  complying with this subparagraph.

24         g.  The person or persons filing the statement required

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

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

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

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

29         (I)  Upon completion of the acquisition, the

30  underwriting member will be able to satisfy the requirements

31


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                                       CS/HB 4007, First Engrossed



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

  2  which it is presently approved;

  3         (II)  The financial condition of the acquiring person

  4  or persons will not jeopardize the financial stability of the

  5  underwriting member or prejudice the interests of its

  6  policyholders or the public;

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

  8  has, or acquiring persons have, made:

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

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

11  major change in its business or corporate structure or

12  management; or

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

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

15  any major change in its business or corporate structure or

16  management which would have an effect upon the underwriting

17  member

18

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

20  underwriting member or to the public;

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

22  those persons who will control directly or indirectly the

23  operation of the underwriting member indicate that the

24  acquisition is in the best interest of the policyholders of

25  the underwriting member and in the public interest;

26         (V)  The natural persons for whom background

27  information is required to be furnished pursuant to this

28  subparagraph have such backgrounds as to indicate that it is

29  in the best interests of the policyholders of the underwriting

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

31  exercise control over such underwriting member;


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                                       CS/HB 4007, First Engrossed



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

  2  the acquisition have sufficient insurance experience and

  3  ability to assure reasonable promise of successful operation;

  4         (VII)  The management of the underwriting member after

  5  the acquisition will be competent and trustworthy and will

  6  possess sufficient managerial experience so as to make the

  7  proposed operation of the underwriting member not hazardous to

  8  the insurance-buying public;

  9         (VIII)  The management of the underwriting member after

10  the acquisition will not include any person who has directly

11  or indirectly through ownership, control, reinsurance

12  transactions, or other insurance or business relations

13  unlawfully manipulated the assets, accounts, finances, or

14  books of any insurer or underwriting member or otherwise acted

15  in bad faith with respect thereto;

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

17  prejudicial to the underwriting member's policyholders or the

18  public; and

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

20  substantially lessen competition in insurance in this state or

21  would not tend to create a monopoly therein.

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

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

24  provisions of this subparagraph is valid. Any acquisition of

25  any security contrary to the provisions of this subparagraph

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

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

28  the principal office of such underwriting member is located

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

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

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


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                                       CS/HB 4007, First Engrossed



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

  2  controlling company to enforce the provisions of this

  3  subparagraph. No demand upon the department that it perform

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

  5  by the underwriting member or controlling company against any

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

  7  necessary party to any action by such underwriting member or

  8  controlling company to enforce the provisions of this

  9  subparagraph. Any person who makes or proposes an acquisition

10  requiring the filing of a statement pursuant to this

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

12  to have thereby designated the Insurance Commissioner, or his

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

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

15  under this subparagraph and shall thereby be deemed to have

16  submitted himself or herself to the administrative

17  jurisdiction of the department and to the jurisdiction of the

18  circuit court.

19         i.  Any approval by the department under this

20  subparagraph does not constitute a recommendation by the

21  department for an acquisition, tender offer, or exchange

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

23  department's approval constitutes a recommendation. A person

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

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

26  775.082, s. 775.083, or s. 775.084. The statute-of-limitations

27  period for the prosecution of an offense committed under this

28  sub-subparagraph is 5 years.

29         j.  Upon notification to the department by the

30  underwriting member or a controlling company that any person

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


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                                       CS/HB 4007, First Engrossed



  1  or more of the outstanding voting securities of the

  2  underwriting member or controlling company without complying

  3  with the provisions of this subparagraph, the department shall

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

  5  cease acquisition of any further securities of the

  6  underwriting member or controlling company; however, the

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

  8  proceeding, which proceeding shall be convened within 7 days

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

10  determining whether the person, individually or in connection

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

12  percent or more of the outstanding voting securities of an

13  underwriting member or controlling company. Upon the failure

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

15  7 days, or upon a determination at a hearing convened pursuant

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

17  has acquired voting securities of an underwriting member or

18  controlling company in violation of this subparagraph, the

19  department may order the person and affiliated person to

20  divest themselves of any voting securities so acquired.

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

22  the public interest, suspend or revoke the certificate of

23  authority of any underwriting member or controlling company:

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

25  this subparagraph;

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

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

28  violation of this subparagraph, has obtained control of an

29  underwriting member or controlling company; or

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

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


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                                       CS/HB 4007, First Engrossed



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

  2  underwriting member or controlling company.

  3         (II)  If any underwriting member is subject to

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

  5  the underwriting member shall be deemed to be in such

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

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

  8  render its further transaction of insurance presently or

  9  prospectively hazardous to its policyholders, creditors, or

10  stockholders or to the public.

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

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

13         (A)  The spouse of such other person;

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

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

16  their lineal descendants;

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

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

19  the outstanding voting securities of such other person;

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

21  voting securities of which are directly or indirectly owned or

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

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

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

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

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

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

28  investment adviser of such company or any member of an

29  advisory board of such company;

30

31


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                                       CS/HB 4007, First Engrossed



  1         (G)  If such other person is an unincorporated

  2  investment company not having a board of directors, the

  3  depositor of such company; or

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

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

  6  in acquiring or limiting the disposition of securities of an

  7  underwriting member or controlling company.

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

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

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

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

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

13  repeal rules that are necessary to implement the provisions of

14  this subparagraph, pursuant to chapter 120.

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

16  background and identity of each person about whom information

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

18  shall include, but shall not be limited to:

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

20  and offices held during the past 10 years.

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

22  corporation, or other organization in which each such office

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

24  was carried on.

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

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

27  violation.

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

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

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

31  disposition thereof.


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                                       CS/HB 4007, First Engrossed



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

  2  has been the subject of any proceeding under the federal

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

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

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

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

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

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

  9  thereafter.

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

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

12  court of competent jurisdiction from violating any federal or

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

14  banking, or from carrying out any particular practice or

15  practices in the course of the business of insurance,

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

17  event.

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

19  members of the security fund of any exchange.

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

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

22  construed to mean "underwriting syndicate."

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

24  imposed by the department shall reduce or offset similar

25  actions, requirements, or constraints of any exchange.

26         48.  Restriction on member ownership.--

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

28  investment in any member by brokers, agents, and

29  intermediaries transacting business on the exchange, and the

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

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


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                                       CS/HB 4007, First Engrossed



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

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

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

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

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

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

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

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

  9  10 percent and after December 31, 1988, such aggregate percent

10  shall not exceed 5 percent.

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

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

13  intermediaries transacting business on the exchange, and the

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

15  underwriting member, directly or indirectly, shall in each

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

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

18  or intermediary.

19         49.  "Underwriting manager" defined.--"Underwriting

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

21  partnership, corporation, or organization providing any of the

22  following services to underwriting members of the exchange:

23         a.  Office management and allied services, including

24  correspondence and secretarial services.

25         b.  Accounting services, including bookkeeping and

26  financial report preparation.

27         c.  Investment and banking consultations and services.

28         d.  Underwriting functions and services including the

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

30         50.  Prohibition of underwriting manager

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


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                                       CS/HB 4007, First Engrossed



  1  underwriting manager by a broker member or any affiliated

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

  3  in a broker member by an underwriting manager or any

  4  affiliated person of an underwriting manager is prohibited.

  5  "Affiliated person" for purposes of this subparagraph is

  6  defined in subparagraph 43.

  7         51.  An underwriting member may not accept reinsurance

  8  on an assumed basis from an affiliate or a controlling

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

10  reinsurance from an affiliate or controlling company of theirs

11  with an underwriting member. "Affiliate and controlling

12  company" for purposes of this subparagraph is defined in

13  subparagraph 43.

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

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

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

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

18  insurance contract is deemed part of the premium.

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

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

21  provision of this section.

22         Section 25.  Subsection (1) of section 631.911, Florida

23  Statutes, is repealed.

24         Section 26.  Subsection (3) of section 631.912, Florida

25  Statutes, is repealed.

26         Section 27.  Section 631.929, Florida Statutes, is

27  repealed.

28         Section 28.  Section 636.016, Florida Statutes, is

29  amended to read:

30         636.016  Prepaid limited health service contracts.--For

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


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                                       CS/HB 4007, First Engrossed



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

  2  this section upon renewal of such contract.

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

  4  otherwise in compliance with this act may enter into contracts

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

  6  services to subscribers in exchange for a prepaid per capita

  7  sum or a prepaid aggregate fixed sum.

  8         (a)  The department shall disapprove any form filed

  9  under this subsection, or withdraw any previous approval

10  thereof, if the form:

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

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

13  thereunder.

14         2.  Contains or incorporates by reference, where such

15  incorporation is otherwise permissible, any inconsistent,

16  ambiguous, or misleading clauses or exceptions and conditions

17  which deceptively affect the risk purported to be assumed in

18  the general coverage of the contract.

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

20  provisions which is misleading.

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

22  as to render any material provision of the form substantially

23  illegible.

24         5.  Contains provisions which are unfair, inequitable,

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

26  encourage misrepresentation.

27         6.  Charges rates that are determined by the department

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

29  the rating methodology followed by the prepaid limited health

30  service organization is determined by the department to be

31  inconsistent with the provisions of s. 636.017.


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                                       CS/HB 4007, First Engrossed



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

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

  3  reasonable business judgment.

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

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

  6  shorter contract period.

  7         (2)  Every prepaid limited health service organization

  8  shall provide each subscriber a contract, a certificate,

  9  membership card, or member handbook which must clearly state

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

11  the contract and must include a clear and understandable

12  statement of any limitations on the services or kinds of

13  services to be provided, including any copayment feature or

14  schedule of benefits required by the contract or by any

15  insurer or entity which is underwriting any of the services

16  offered by the prepaid limited health service organization.

17  The contract, certificate, provider listing, or member

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

19  services may be obtained.

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

21  must have a clear and understandable description of the method

22  used by the prepaid limited health service organization for

23  resolving subscriber grievances and, for such documents

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

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

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

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

28  of the contract and must be stated in individual contracts

29  issued to subscribers.

30         (5)  All prepaid limited health service coverage,

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


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                                       CS/HB 4007, First Engrossed



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

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

  3  benefits, or services applicable for children will be provided

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

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

  6  birth, or adoption pursuant to chapter 63.

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

  8  prepaid limited health services contract may be made by any

  9  person other than the applicant without his or her written

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

11  limited health service organization for administrative

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

13  insertions are not to be ascribed to the applicant.

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

15  benefits provided to or available to subscribers under the

16  provisions of any law or rule applicable to prepaid limited

17  health service organizations.

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

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

20  to subscribers in emergency situations not permitting

21  treatment through the prepaid limited health service

22  organization providers, without prior notification to and

23  approval of the organization. The prepaid limited health

24  services document must contain a definition of emergency

25  services, describe procedures for determination by the prepaid

26  limited health service organization of whether the services

27  qualify for reimbursement as emergency services, and contain

28  specific examples of what does constitute an emergency.

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

30  certificates, and member handbooks must contain the following

31  provision:


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                                       CS/HB 4007, First Engrossed



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

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

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

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

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

  6  stay in force."

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

  8  member handbooks delivered to individual subscribers under a

  9  group prepaid limited health services contract when the

10  employer who will hold the contract on behalf of the

11  subscriber group pays the entire premium for the individual

12  subscriber. However, such required provision applies to the

13  group prepaid limited health services contract.

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

15  the prepaid limited health service organization as to the

16  applicability or nonapplicability of coverage to preexisting

17  conditions. The contract must also disclose what services are

18  excludable.

19         (11)  All prepaid limited health service organization

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

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

22  provide that coverage, benefits, or services applicable for

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

24  the subscriber, which child is placed in compliance with

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

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

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

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

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

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

31


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                                       CS/HB 4007, First Engrossed



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

  2  compliance with chapter 63.

  3         (12)  Each prepaid limited health service organization

  4  shall provide prospective enrollees, upon request, with

  5  written information about the terms and conditions of the plan

  6  in accordance with subsection (2) to enable prospective

  7  enrollees to make informed decisions about accepting a

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

  9  marketing materials printed by the prepaid limited health

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

11  notice in boldfaced type which states that the information

12  required under this section is available to prospective

13  enrollees upon request.

14         (13)  Each prepaid limited health service organization

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

16  description of the authorization and referral process for

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

18  qualifications and credentials of providers under contract

19  with the organization.

20         Section 29.  Subsection (1) and paragraph (a) of

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

22  amended to read:

23         636.043  Annual, quarterly, and miscellaneous

24  reports.--

25         (1)  Each prepaid limited health service organization

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

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

28  at least two officers covering the preceding calendar year.

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

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

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


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                                       CS/HB 4007, First Engrossed



  1  until the first annual report for fiscal years ending after

  2  December 31, 1994.

  3         (4)  Each authorized prepaid limited health service

  4  organization must file a quarterly report for each calendar

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

  6  report shall contain:

  7         (a)  A financial statement prepared in accordance with

  8  statutory accounting principles. Any entity licensed before

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

10  statement based on statutory accounting principles until the

11  first quarterly filing after the entity files its annual

12  financial statement based on statutory accounting principles

13  as required by subsection (1).

14         Section 30.  Section 713.5955, Florida Statutes, is

15  repealed.

16         Section 31.  Subsection (3) of section 721.24, Florida

17  Statutes, is amended to read:

18         721.24  Firesafety.--

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

20  Department of Insurance may prescribe uniform standards for

21  firesafety equipment for timeshare units of timeshare plans

22  for which the construction contracts were let before October

23  1, 1983. An entire building shall be equipped as outlined,

24  except that the approved sprinkler system may be delayed by

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

26  schedule for complete compliance in accordance with rules

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

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

29  granted not more than three times for any individual

30  requesting an extension. The entire system must be installed

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


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                                       CS/HB 4007, First Engrossed



  1  Marshal shall not grant an extension for the approved

  2  sprinkler system unless a written request for the extension

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

  4  State Fire Marshal may grant an extension upon demonstration

  5  that compliance with this section by the date required would

  6  impose an extreme hardship and a disproportionate financial

  7  impact. Any establishment that has been granted an extension

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

  9  conspicuous place on the premises, a public notice stating

10  that the establishment has not yet installed the approved

11  sprinkler system required by law.

12         Section 32.  Paragraph (d) of subsection (2) of section

13  744.7021, Florida Statutes, is amended to read:

14         744.7021  Statewide Public Guardianship Office.--There

15  is hereby created the Statewide Public Guardianship Office

16  within the Department of Elderly Affairs. The Department of

17  Elderly Affairs shall provide administrative support and

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

19  director within the available resources of the department. The

20  Statewide Public Guardianship Office may request the

21  assistance of the Inspector General of the Department of

22  Elderly Affairs in providing auditing services, and the Office

23  of General Counsel of the department may provide assistance in

24  rulemaking and other matters as needed to assist the Statewide

25  Public Guardianship Office. The Statewide Public Guardianship

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

27  direction by the Department of Elderly Affairs in the

28  performance of its duties.

29         (2)  The Statewide Public Guardianship Office shall,

30  within available resources, have oversight responsibilities

31  for all public guardians.


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                                       CS/HB 4007, First Engrossed



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

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

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

  4  of the Supreme Court an interim report describing the progress

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

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

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

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

  9  of the Supreme Court a proposed public guardianship plan

10  including alternatives for meeting the state's guardianship

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

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

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

14  thereafter, the office shall provide a status report and

15  provide further recommendations to address the need for public

16  guardianship services and related issues.

17         Section 33.  Section 753.004, Florida Statutes, is

18  repealed.

19         Section 34.  This act shall take effect July 1, 2001.

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