Senate Bill sb2994e1
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    CS for CS for SB 2994                          First Engrossed
  1                      A bill to be entitled
  2         An act relating to the Department of Financial
  3         Services; creating s. 17.0416, F.S.;
  4         authorizing the Chief Financial Officer to
  5         provide certain services on a fee basis under
  6         certain circumstances; requiring the Department
  7         of Financial Services to deposit fees collected
  8         into the General Revenue Fund; authorizing the
  9         department to recover expenses by a budget
10         amendment; authorizing the department to adopt
11         rules; amending s. 17.16, F.S.; providing that
12         the office of the Chief Financial Officer may
13         have an official seal; amending s. 17.57, F.S.;
14         authorizing the Chief Financial Officer to use
15         reverse repurchase agreements in investment
16         transactions; amending s. 17.59, F.S.; revising
17         collateral safekeeping requirements; amending
18         s. 17.61, F.S.; authorizing entities created
19         under the State Constitution to invest funds;
20         amending s. 20.121, F.S.; providing that the
21         Chief Financial Officer may be referred to as
22         the "Treasurer"; providing that the Department
23         of Financial Services, rather than the Office
24         of Insurance Regulation, is responsible for
25         regulation of insurance adjusters; providing
26         that the Director of the Office of Insurance
27         Regulation may be known as the Commissioner of
28         Insurance Regulation; providing that the
29         Director of the Office of Financial Regulation
30         may be known as the Commissioner of Financial
31         Regulation; amending s. 110.1227, F.S.;
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    CS for CS for SB 2994                          First Engrossed
 1         providing that the Director of the Office of
 2         Insurance Regulation, rather than the Chief
 3         Financial Officer, shall appoint an actuary to
 4         the Florida Employee Long-Term-Care Plan Board
 5         of Directors; amending s. 112.215, F.S.;
 6         redefining the term "employee" to include any
 7         state university board of trustees; providing
 8         for the Government Employees' Deferred
 9         Compensation Plan to be funded indirectly from
10         fees charged by investment providers to plan
11         participants; replacing the term "plan
12         provider" with the term "investment option
13         provider"; amending s. 215.95, F.S.; revising
14         the membership of the Florida Financial
15         Management Information Board; amending s.
16         215.96, F.S.; revising the membership of the
17         coordinating council to the Florida Financial
18         Management Information Board; extending the
19         date of future repeal of the law requiring the
20         board to facilitate the integration of certain
21         administrative and financial management systems
22         and establishing the Enterprise Resource
23         Planning Integration Task Force; amending s.
24         287.064, F.S.; authorizing the financing of a
25         guaranteed energy performance savings contract
26         pursuant to a master equipment financing
27         agreement; providing certain terms and
28         restrictions; amending s. 408.05, F.S.;
29         providing that the Director of the Office of
30         Insurance Regulation, rather than the Chief
31         Financial Officer, shall appoint an employee to
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    CS for CS for SB 2994                          First Engrossed
 1         the State Comprehensive Health Information
 2         System Advisory Council; amending s. 501.212,
 3         F.S.; specifying persons, causes of action, or
 4         activities that are exempt from part II of
 5         chapter 501, F.S., the Deceptive and Unfair
 6         Trade Practice Act; amending s. 516.35, F.S.;
 7         correcting a reference to the agency that
 8         licenses the sale of credit insurance; amending
 9         s. 624.4622, F.S.; providing that a local
10         government self-insurance fund must initially
11         be organized as a commercial self-insurance
12         fund or a group self-insurance fund and, for a
13         specified period, must comply with the
14         requirements for such a fund; providing that a
15         local government self-insurance fund comply
16         with specified provisions relating to financial
17         statements; amending ss. 624.313, 624.317,
18         624.501, 626.016, 626.112, 626.161, 626.171,
19         626.181, 626.191, 626.211, 626.221, 626.231,
20         626.241, 626.251, 626.261, 626.266, 626.271,
21         626.281, 626.2817, 626.291, 626.301, 626.371,
22         626.381, 626.431, 626.461, 626.471, 626.521,
23         626.541, 626.551, 626.611, 626.621, 626.631,
24         626.641, 626.661, 626.681, 626.691, 626.692,
25         626.8582, 626.8584, 626.859, 626.863, 626.865,
26         626.866, 626.867, 626.869, 626.8695, 626.8696,
27         626.8697, 626.8698, 626.870, 626.871, 626.872,
28         626.873, 626.8732, 626.8734, 626.8736,
29         626.8738, 626.874, 626.878, F.S.; transferring
30         and renumbering s. 627.7012, F.S., as s.
31         626.879, F.S., and amending such section;
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    CS for CS for SB 2994                          First Engrossed
 1         making conforming changes to authorize the
 2         Department of Financial Services, rather than
 3         the Office of Insurance Regulation, to regulate
 4         insurance adjusters; amending s. 626.9543,
 5         F.S.; specifying that the Department of
 6         Financial Services, rather than the former
 7         Department of Insurance, administers the
 8         Holocaust Victims Insurance Act; amending s.
 9         626.989, F.S.; correcting references to the
10         Bureau of Workers' Compensation Insurance Fraud
11         with regard to the required annual report of
12         the Department of Financial Services related to
13         workers' compensation fraud; amending s.
14         627.0628, F.S.; providing that the Director of
15         the Office of Insurance, rather than the Chief
16         Financial Officer, shall appoint an employee of
17         the office who is an actuary to the Florida
18         Commission on Hurricane Loss Projection
19         Methodology; amending s. 627.6699, F.S.;
20         providing that the Director of the Office of
21         Insurance Regulation, rather than the Chief
22         Financial Officer, shall be a member of the
23         board of the Small Employer Health Reinsurance
24         Program; providing that the transfer of the
25         regulation of adjusters from the Office of
26         Insurance Regulation to the Department of
27         Financial Services does not affect any
28         administrative or judicial action prior to or
29         pending on the effective date of the act;
30         providing that any action approved or
31         authorized by the Financial Services Commission
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    CS for CS for SB 2994                          First Engrossed
 1         or the Office of Insurance Regulation continues
 2         to be effective until the Department of
 3         Financial Services otherwise prescribes;
 4         providing that the rules of the Financial
 5         Services Commission related to adjusters shall
 6         become rules of the Department of Financial
 7         Services; amending s. 626.99245, F.S.;
 8         providing that the regulation of certain
 9         viatical settlement agreements and providers is
10         within the exclusive jurisdiction of the Office
11         of Insurance Regulation under part X of ch.
12         626; amending s. 494.0025, F.S.; prohibiting
13         the use of the name or logo of a financial
14         institution or its affiliates or subsidiaries
15         under certain circumstances without written
16         consent; amending s. 516.07, F.S.; providing
17         that the use of the name or logo of a financial
18         institution or its affiliates or subsidiaries
19         under certain circumstances without written
20         consent is grounds for denial of license or for
21         disciplinary action; amending s. 520.995, F.S.;
22         providing that the use of the name or logo of a
23         financial institution or its affiliates or
24         subsidiaries under certain circumstances
25         without written consent is grounds for
26         disciplinary action; amending s. 626.9541,
27         F.S.; providing that the deceptive use of a
28         name is an unfair method of competition and an
29         unfair or deceptive act or practice; amending
30         s. 655.005, F.S.; revising certain definitions
31         relating to financial institutions to include
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    CS for CS for SB 2994                          First Engrossed
 1         the term "international branch"; amending s.
 2         655.0322, F.S.; revising the definition of the
 3         term "financial institution" to include an
 4         international branch; amending s. 655.0385,
 5         F.S.; clarifying requirements for notification
 6         of the appointment of an executive director or
 7         equivalent by state financial institutions;
 8         requiring a nonrefundable fee to accompany
 9         notification; amending s. 655.045, F.S.;
10         providing an exemption from audit requirements;
11         amending s. 655.059, F.S.; providing for the
12         inspection and examination of financial
13         institution records and books pursuant to
14         subpoena; providing for reimbursement of
15         reasonable costs and fees for compliance;
16         providing for setting the reimbursement amount
17         when charges are contested; amending s.
18         655.921, F.S.; prohibiting certain out-of-state
19         financial institutions from locating branch
20         offices in the state in order to qualify for
21         certain exempt transactions; deleting
22         provisions relating to authorization of offices
23         in the state; amending s. 655.922, F.S.;
24         clarifying provisions authorizing financial
25         institutions under another state's financial
26         codes to transact business in this state;
27         expanding the names or titles under which only
28         a financial institution may transact business;
29         prohibiting the use of the name or logo of a
30         financial institution or its affiliates or
31         subsidiaries under certain circumstances
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    CS for CS for SB 2994                          First Engrossed
 1         without written consent; requiring the
 2         Financial Services Commission to adopt rules;
 3         amending s. 655.94, F.S.; deleting a
 4         prohibition against certain notary publics
 5         being involved in opening safety deposit boxes
 6         for nonpayment of rent; requiring use of
 7         certified mail instead of registered mail;
 8         amending. s. 658.16, F.S.; providing criteria
 9         for a bank or trust company chartered as a
10         limited liability company to be considered
11         "incorporated" under the financial institutions
12         codes; providing definitions; amending s.
13         658.23, F.S.; correcting terminology; deleting
14         a requirement for a current copy of the bylaws
15         of a bank or trust company to be on file with
16         the Office of Financial Regulation; amending s.
17         658.26, F.S.; providing for state banks to
18         relocate offices upon approval; providing that
19         certain financial institutions may establish or
20         relocate an office upon written notification;
21         providing requirements for notification and a
22         fee; requiring an application for relocation of
23         a main office outside the state; exempting
24         applications from publication in the Florida
25         Administrative Weekly; modifying requirements
26         for applications for branch offices by a bank
27         ineligible for branch notification; deleting a
28         requirement that such applications be published
29         in the Florida Administrative Weekly and be
30         subject to ch. 120, F.S.; requiring a
31         relocation application to be filed with the
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    CS for CS for SB 2994                          First Engrossed
 1         Office of Financial Regulation; providing for a
 2         filing fee, investigations, and restrictions
 3         relating to such applications; amending s.
 4         658.33, F.S.; adding to the list of persons who
 5         must meet certain qualification levels;
 6         providing for a waiver of qualification
 7         requirements; amending s. 658.37, F.S.;
 8         prohibiting an imminently insolvent bank from
 9         paying dividends; amending s. 658.48, F.S.;
10         specifying limitations on making loans and
11         extending credit by a bank declared to be
12         imminently insolvent; amending s. 658.67, F.S.;
13         providing multiple dates for the assessment of
14         the value of property acquisition as security;
15         amending s. 658.73, F.S.; delineating which
16         entities or individuals must pay a fee for a
17         certificate of good standing; amending s.
18         663.16, F.S.; revising definitions to include
19         the term "branch" and to reduce the percentage
20         of voting stock necessary for consideration as
21         control; amending s. 663.304, F.S.; deleting a
22         requirement for reservation of a proposed
23         corporate name with the Department of State;
24         amending s. 665.034, F.S.; revising a
25         percentage designating control of an
26         association; amending s. 674.406, F.S.;
27         reducing the time that banks must retain
28         receipts of items; reducing the time within
29         which one must report unauthorized signatures;
30         providing a time limitation within which to
31         assert claims against a bank for an
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    CS for CS for SB 2994                          First Engrossed
 1         unauthorized endorsement; repealing s. 658.68,
 2         F.S., relating to liquidity requirements for a
 3         state bank; amending s. 627.4133, F.S.;
 4         providing for an effective date of certain
 5         policy cancellations by insureds; amending s.
 6         717.101, F.S.; providing definitions; amending
 7         ss. 717.106, 717.107, 717.109, and 717.116,
 8         F.S.; revising criteria for presuming as
 9         unclaimed certain bank deposits and funds in
10         financial organizations, funds owing under life
11         insurance policies, funds held by business
12         associations, and property held in a
13         safe-deposit box or other safekeeping
14         repository, respectively; amending s. 717.117,
15         F.S.; revising reporting requirements for
16         unclaimed property; presuming certain accounts
17         as unclaimed under certain circumstances;
18         providing that certain intangible property is
19         exempt from being reported as unclaimed
20         property under certain conditions; amending s.
21         717.118, F.S.; providing requirements for
22         notification of apparent owners of unclaimed
23         property; amending s. 717.119, F.S.; revising
24         requirements for delivery of certain unclaimed
25         property; providing penalties for late
26         deliveries; amending s. 717.1201, F.S.;
27         revising certain holder payment and repayment
28         requirements; amending s. 717.122, F.S.;
29         revising certain public sale requirements;
30         authorizing the Department of Financial
31         Services to deduct certain auction fees, costs,
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    CS for CS for SB 2994                          First Engrossed
 1         and expenses; prohibiting actions or
 2         proceedings against the department for certain
 3         decisions relating to auctions of unclaimed
 4         property; specifying that certain sales of
 5         unclaimed property are not subject to the sales
 6         tax; amending s. 717.123, F.S.; increasing a
 7         maximum amount of funds the department may
 8         retain from certain funds received; amending s.
 9         717.124, F.S.; providing additional
10         requirements for filing unclaimed property
11         claims; providing for the return or withdrawal
12         of certain claims under certain circumstances;
13         specifying a time period for department
14         determination of claims; authorizing the
15         department to deny claims under certain
16         circumstances; specifying an exclusive remedy
17         for subsequent claimants; revising requirements
18         for a power of attorney; requiring direct
19         delivery of safe-deposit boxes under certain
20         circumstances; revising payment of fees and
21         costs requirements; creating s. 717.12403,
22         F.S.; providing presumptions for certain
23         unclaimed demand, savings, or checking accounts
24         in financial institutions with more than one
25         beneficiary; creating s. 717.12404, F.S.;
26         providing requirements for claims for property
27         reported in the name of an active or dissolved
28         corporation for which the last annual report is
29         unavailable; creating s. 717.12405, F.S.;
30         providing requirements; for claims by estates;
31         amending s. 717.1241, F.S.; revising
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    CS for CS for SB 2994                          First Engrossed
 1         requirements for remittance of property subject
 2         to conflicting claims; amending s. 717.1242,
 3         F.S.; clarifying legislative intent relating to
 4         filing certain claims; creating s. 717.1244,
 5         F.S.; providing criteria for department
 6         determinations of claims; amending s. 717.126,
 7         F.S.; providing a criterion for proof of
 8         entitlement; specifying venue in certain
 9         unclaimed property actions; creating s.
10         717.1261, F.S.; requiring a death certificate
11         in claiming entitlement to certain unclaimed
12         property; creating s. 717.1262, F.S.; requiring
13         certain court documents in claiming entitlement
14         to certain unclaimed property; amending s.
15         717.1301, F.S.; revising certain fee and
16         expense requirements for investigations or
17         examinations; providing for interest on such
18         amounts under certain circumstances; amending
19         s. 717.1315, F.S.; clarifying a record
20         retention requirement for owner
21         representatives; amending s. 717.132, F.S.;
22         specifying criteria for certain corrective
23         actions; creating s. 717.1322, F.S.; specifying
24         grounds for certain disciplinary actions;
25         providing for certain disciplinary actions;
26         providing penalties; authorizing the department
27         to adopt rules with regard to disciplinary
28         guidelines; creating s. 717.1331, F.S.;
29         providing for department actions against
30         certain lienholders under certain
31         circumstances; creating s. 717.1333, F.S.;
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    CS for CS for SB 2994                          First Engrossed
 1         providing for admitting certain documents into
 2         evidence in certain actions; amending s.
 3         717.134, F.S.; authorizing the department to
 4         impose and collect penalties for failing to
 5         report certain information; authorizing the
 6         department waive such penalties under certain
 7         circumstances; creating s. 717.1341, F.S.;
 8         prohibiting receipt of unentitled unclaimed
 9         property; providing for liability for such
10         property under certain circumstances;
11         authorizing the department to maintain certain
12         civil or administrative actions; providing for
13         fines, costs, and attorney fees; prohibiting
14         filing claims for unentitled unclaimed
15         property; providing criminal penalties;
16         amending s. 717.135, F.S.; revising
17         requirements for agreements to recover certain
18         property; providing an agreement form; creating
19         s. 717.1351, F.S.; providing requirements for
20         acquisition of unclaimed property by certain
21         persons; providing certain contract
22         requirements; providing a contract form;
23         creating s. 717.1400, F.S.; requiring certain
24         licensed persons to register with the
25         department for certain purposes; providing
26         registration requirements; providing for denial
27         of registration under certain circumstances;
28         providing registration limitations; amending s.
29         212.02, F.S.; revising a definition to conform;
30         amending ss. 322.142 and 395.3025, F.S.;
31         providing for disclosure of certain
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    CS for CS for SB 2994                          First Engrossed
 1         confidential information to the department
 2         under certain circumstances; amending s.
 3         723.103, F.S.; authorizing the court, under
 4         specified conditions, to extend the right of
 5         succession to surviving heirs when the decent's
 6         lineage cannot be fully documented because it
 7         includes a Holocaust victim; limiting the
 8         application of statutes of limitation under
 9         certain circumstances; defining the term
10         "Holocaust victim"; providing an effective
11         date.
12  
13  Be It Enacted by the Legislature of the State of Florida:
14  
15         Section 1.  Section 17.0416, Florida Statutes, is
16  created to read:
17         17.0416  Authority to provide services on a fee
18  basis.--
19         (1)  The Chief Financial Officer, through the
20  Department of Financial Services, may provide accounting and
21  payroll services on a fee basis under contractual agreement
22  with eligible entities, including, but not limited to, state
23  universities, community colleges, units of local government,
24  constitutional officers, and any other person or entity having
25  received any property, funds, or moneys from the state. All
26  funds collected by the department under these contracts shall
27  be deposited into the General Revenue Fund.
28         (2)  The Department of Financial Services may adopt
29  rules necessary to administer this section.
30         Section 2.  Section 17.16, Florida Statutes, is amended
31  to read:
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    CS for CS for SB 2994                          First Engrossed
 1         17.16  Seal.--The seal of office of the Chief Financial
 2  Officer shall have an official seal by which its proceedings
 3  are authenticated be the same as the seal heretofore used for
 4  that purpose.
 5         Section 3.  Subsection (2) of section 17.57, Florida
 6  Statutes, is amended to read:
 7         17.57  Deposits and investments of state money.--
 8         (2)  The Chief Financial Officer shall make funds
 9  available to meet the disbursement needs of the state. Funds
10  which are not needed for this purpose shall be placed in
11  qualified public depositories that will pay rates established
12  by the Chief Financial Officer at levels not less than the
13  prevailing rate for United States Treasury securities with a
14  corresponding maturity. In the event money is available for
15  interest-bearing time deposits or savings accounts as provided
16  herein and qualified public depositories are unwilling to
17  accept such money and pay thereon the rates established above,
18  then such money which qualified public depositories are
19  unwilling to accept shall be invested in:
20         (a)  Direct United States Treasury obligations.
21         (b)  Obligations of the Federal Farm Credit Banks.
22         (c)  Obligations of the Federal Home Loan Bank and its
23  district banks.
24         (d)  Obligations of the Federal Home Loan Mortgage
25  Corporation, including participation certificates.
26         (e)  Obligations guaranteed by the Government National
27  Mortgage Association.
28         (f)  Obligations of the Federal National Mortgage
29  Association.
30  
31  
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    CS for CS for SB 2994                          First Engrossed
 1         (g)  Commercial paper of prime quality of the highest
 2  letter and numerical rating as provided for by at least one
 3  nationally recognized rating service.
 4         (h)  Time drafts or bills of exchange drawn on and
 5  accepted by a commercial bank, otherwise known as "bankers
 6  acceptances," which are accepted by a member bank of the
 7  Federal Reserve System having total deposits of not less than
 8  $400 million or which are accepted by a commercial bank which
 9  is not a member of the Federal Reserve System with deposits of
10  not less than $400 million and which is licensed by a state
11  government or the Federal Government, and whose senior debt
12  issues are rated in one of the two highest rating categories
13  by a nationally recognized rating service and which are held
14  in custody by a domestic bank which is a member of the Federal
15  Reserve System.
16         (i)  Corporate obligations or corporate master notes of
17  any corporation within the United States, if the long-term
18  obligations of such corporation are rated by at least two
19  nationally recognized rating services in any one of the four
20  highest classifications. However, if such obligations are
21  rated by only one nationally recognized rating service, then
22  the obligations shall be rated in any one of the two highest
23  classifications.
24         (j)  Obligations of the Student Loan Marketing
25  Association.
26         (k)  Obligations of the Resolution Funding Corporation.
27         (l)  Asset-backed or mortgage-backed securities of the
28  highest credit quality.
29         (m)  Any obligations not previously listed which are
30  guaranteed as to principal and interest by the full faith and
31  credit of the United States Government or are obligations of
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    CS for CS for SB 2994                          First Engrossed
 1  United States agencies or instrumentalities which are rated in
 2  the highest category by a nationally recognized rating
 3  service.
 4         (n)  Commingled no-load investment funds or no-load
 5  mutual funds in which all securities held by the funds are
 6  authorized in this subsection.
 7         (o)  Money market mutual funds as defined and regulated
 8  by the Securities and Exchange Commission.
 9         (p)  Obligations of state and local governments rated
10  in any of the four highest classifications by at least two
11  nationally recognized rating services. However, if such
12  obligations are rated by only one nationally recognized rating
13  service, then the obligations shall be rated in any one of the
14  two highest classifications.
15         (q)  Derivatives of investment instruments authorized
16  in paragraphs (a)-(m).
17         (r)  Covered put and call options on investment
18  instruments authorized in this subsection for the purpose of
19  hedging transactions by investment managers to mitigate risk
20  or to facilitate portfolio management.
21         (s)  Negotiable certificates of deposit issued by
22  financial institutions whose long-term debt is rated in one of
23  the three highest categories by at least two nationally
24  recognized rating services, the investment in which shall not
25  be prohibited by any provision of chapter 280.
26         (t)  Foreign bonds denominated in United States dollars
27  and registered with the Securities and Exchange Commission for
28  sale in the United States, if the long-term obligations of
29  such issuers are rated by at least two nationally recognized
30  rating services in any one of the four highest
31  classifications. However, if such obligations are rated by
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    CS for CS for SB 2994                          First Engrossed
 1  only one nationally recognized rating service, the obligations
 2  shall be rated in any one of the two highest classifications.
 3         (u)  Convertible debt obligations of any corporation
 4  domiciled within the United States, if the convertible debt
 5  issue is rated by at least two nationally recognized rating
 6  services in any one of the four highest classifications.
 7  However, if such obligations are rated by only one nationally
 8  recognized rating service, then the obligations shall be rated
 9  in any one of the two highest classifications.
10         (v)  Securities not otherwise described in this
11  subsection. However, not more than 3 percent of the funds
12  under the control of the Chief Financial Officer shall be
13  invested in securities described in this paragraph.
14  
15  These investments may be in varying maturities and may be in
16  book-entry form. Investments made pursuant to this subsection
17  may be under repurchase agreement or reverse repurchase
18  agreement. The Chief Financial Officer may hire registered
19  investment advisers and other consultants to assist in
20  investment management and to pay fees directly from investment
21  earnings. Investment securities, proprietary investment
22  services related to contracts, performance evaluation
23  services, investment-related equipment or software used
24  directly to assist investment trading or investment accounting
25  operations including bond calculators, telerates, Bloombergs,
26  special program calculators, intercom systems, and software
27  used in accounting, communications, and trading, and advisory
28  and consulting contracts made under this section are exempt
29  from the provisions of chapter 287.
30         Section 4.  Section 17.59, Florida Statutes, is amended
31  to read:
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    CS for CS for SB 2994                          First Engrossed
 1         17.59  Safekeeping services.--
 2         (1)  The Chief Financial Officer shall administer a
 3  collateral management service for all may accept for
 4  safekeeping purposes, deposits of cash, securities, and other
 5  documents or articles of value from any state agencies agency
 6  as defined in s. 216.011, or any county, city, or political
 7  subdivision thereof, or other public authority that requires
 8  by statute, rule, or contract the deposit or pledge of
 9  collateral.
10         (2)  Eligible collateral listed in s. 17.57 may be
11  deposited or pledged using the following collateral
12  arrangements as approved by the Chief Financial Officer:
13         (a)  Collateral deposited and held by a custodian of
14  the Chief Financial Officer.
15         (b)  Collateral pledged to the Chief Financial Officer.
16         (c)  Securities and articles of value deposited and
17  held by the Chief Financial Officer.
18         (d)  Cash deposited in the Treasury Cash Deposit Trust
19  Fund and the Public Deposit Security Trust Fund.
20         (e)  Cash deposited with the Chief Financial Officer as
21  escrow agent.
22         (3)  The Chief Financial Officer may adopt rules for
23  the proper management and maintenance of the collateral
24  management service.
25         (4)(2)  The Chief Financial Officer may, in his or her
26  discretion, establish a fee for processing, servicing, and
27  safekeeping deposits and other documents or articles of value
28  maintained by held in the Chief Financial Officer Officer's
29  vaults as requested by the various entities according to a
30  service-level agreement or as provided for by law. Such fee
31  shall be equivalent to the fee charged by financial
                                  18
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    CS for CS for SB 2994                          First Engrossed
 1  institutions for processing, servicing, and safekeeping the
 2  same types of deposits and other documents or articles of
 3  value.
 4         (5)(3)  The Chief Financial Officer shall collect in
 5  advance, and persons so served shall pay to the Chief
 6  Financial Officer in advance, the miscellaneous charges as
 7  described in a service-level agreement. follows:
 8         (a)  For copies of documents or records on file with
 9  the Chief Financial Officer, per page....................$.50.
10         (b)  For each certificate of the Chief Financial
11  Officer, certified or under the Chief Financial Officer's
12  seal, authenticating any document or other instrument...$5.00.
13         (6)(4)  All fees collected for the services described
14  in this section shall be deposited in the Treasury
15  Administrative and Investment Trust Fund.
16         Section 5.  Subsection (1) of section 17.61, Florida
17  Statutes, is amended to read:
18         17.61  Chief Financial Officer; powers and duties in
19  the investment of certain funds.--
20         (1)  The Chief Financial Officer shall invest all
21  general revenue funds and all the trust funds and all agency
22  funds of each state agency, and of the judicial branch, as
23  defined in s. 216.011, and may, upon request, invest funds of
24  any statutorily created board, association, or entity created
25  by the State Constitution or by law, except for the funds
26  required to be invested pursuant to ss. 215.44-215.53, by the
27  procedure and in the authorized securities prescribed in s.
28  17.57; for this purpose, the Chief Financial Officer may open
29  and maintain one or more demand and safekeeping accounts in
30  any bank or savings association for the investment and
31  reinvestment and the purchase, sale, and exchange of funds and
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    CS for CS for SB 2994                          First Engrossed
 1  securities in the accounts. Funds in such accounts used solely
 2  for investments and reinvestments shall be considered
 3  investment funds and not funds on deposit, and such funds
 4  shall be exempt from the provisions of chapter 280. In
 5  addition, the securities or investments purchased or held
 6  under the provisions of this section and s. 17.57 may be
 7  loaned to securities dealers and banks and may be registered
 8  by the Chief Financial Officer in the name of a third-party
 9  nominee in order to facilitate such loans, provided the loan
10  is collateralized by cash or United States government
11  securities having a market value of at least 100 percent of
12  the market value of the securities loaned. The Chief Financial
13  Officer shall keep a separate account, designated by name and
14  number, of each fund. Individual transactions and totals of
15  all investments, or the share belonging to each fund, shall be
16  recorded in the accounts.
17         Section 6.  Subsection (1) and paragraph (a) of
18  subsection (3) of section 20.121, Florida Statutes, are
19  amended to read:
20         20.121  Department of Financial Services.--There is
21  created a Department of Financial Services.
22         (1)  DEPARTMENT HEAD.--The head of the Department of
23  Financial Services is the Chief Financial Officer who may also
24  be known as the Treasurer.
25         (3)  FINANCIAL SERVICES COMMISSION.--Effective January
26  7, 2003, there is created within the Department of Financial
27  Services the Financial Services Commission, composed of the
28  Governor, the Attorney General, the Chief Financial Officer,
29  and the Commissioner of Agriculture, which shall for purposes
30  of this section be referred to as the commission.  Commission
31  members shall serve as agency head of the Financial Services
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    CS for CS for SB 2994                          First Engrossed
 1  Commission.  The commission shall be a separate budget entity
 2  and shall be exempt from the provisions of s. 20.052.
 3  Commission action shall be by majority vote consisting of at
 4  least three affirmative votes.  The commission shall not be
 5  subject to control, supervision, or direction by the
 6  Department of Financial Services in any manner, including
 7  purchasing, transactions involving real or personal property,
 8  personnel, or budgetary matters.
 9         (a)  Structure.--The major structural unit of the
10  commission is the office. Each office shall be headed by a
11  director. The following offices are established:
12         1.  The Office of Insurance Regulation, which shall be
13  responsible for all activities concerning insurers and other
14  risk bearing entities, including licensing, rates, policy
15  forms, market conduct, claims, adjusters, issuance of
16  certificates of authority, solvency, viatical settlements,
17  premium financing, and administrative supervision, as provided
18  under the insurance code or chapter 636. The head of the
19  Office of Insurance Regulation is the Director of the Office
20  of Insurance Regulation, who may also be known as the
21  Commissioner of Insurance Regulation.
22         2.  The Office of Financial Regulation, which shall be
23  responsible for all activities of the Financial Services
24  Commission relating to the regulation of banks, credit unions,
25  other financial institutions, finance companies, and the
26  securities industry.  The head of the office is the Director
27  of the Office of Financial Regulation, who may also be known
28  as the Commissioner of Financial Regulation. The Office of
29  Financial Regulation shall include a Bureau of Financial
30  Investigations, which shall function as a criminal justice
31  agency for purposes of ss. 943.045-943.08 and shall have a
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    CS for CS for SB 2994                          First Engrossed
 1  separate budget.  The bureau may conduct investigations within
 2  or outside this state as the bureau deems necessary to aid in
 3  the enforcement of this section. If, during an investigation,
 4  the office has reason to believe that any criminal law of this
 5  state has or may have been violated, the office shall refer
 6  any records tending to show such violation to state or federal
 7  law enforcement or prosecutorial agencies and shall provide
 8  investigative assistance to those agencies as required.
 9         Section 7.  Subsection (6) of section 110.1227, Florida
10  Statutes, is amended to read:
11         110.1227  Florida Employee Long-Term-Care Plan Act.--
12         (6)  A Florida Employee Long-Term-Care Plan Board of
13  Directors is created, composed of nine members who shall serve
14  2-year terms, to be appointed after May 1, 1999, as follows:
15         (a)  The secretary of the Department of Elderly Affairs
16  shall appoint a member who is a plan participant.
17         (b)  The Director of the Office of Insurance Regulation
18  Chief Financial Officer shall appoint an actuary.
19         (c)  The Attorney General shall appoint an attorney
20  licensed to practice law in this state.
21         (d)  The Governor shall appoint three members from a
22  broad cross-section of the residents of this state.
23         (e)  The Department of Management Services shall
24  appoint a member.
25         (f)  The President of the Senate shall appoint a member
26  of the Senate.
27         (g)  The Speaker of the House of Representatives shall
28  appoint a member of the House of Representatives.
29         Section 8.  Subsection (2) of section 112.215, Florida
30  Statutes, as amended by section 8 of chapter 2003-399, Laws of
31  Florida, is amended, paragraph (e) is added to subsection (4)
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    CS for CS for SB 2994                          First Engrossed
 1  of that section and subsection (11) of that section is
 2  amended, to read:
 3         112.215  Government employees; deferred compensation
 4  program.--
 5         (2)  For the purposes of this section, the term
 6  "employee" means any person, whether appointed, elected, or
 7  under contract, providing services for the state; any state
 8  agency or county or other political subdivision of the state;
 9  any municipality; any state university board of trustees; or
10  any constitutional county officer under s. 1(d), Art. VIII of
11  the State Constitution for which compensation or statutory
12  fees are paid.
13         (4)
14         (e)  The administrative costs of the deferred
15  compensation plan must be wholly or partially self-funded.
16  Fees for such self-funding of the plan shall be paid by
17  investment providers and may be recouped from their respective
18  plan participants. Such fees shall be deposited in the
19  Deferred Compensation Trust Fund.
20         (11)  With respect to any funds held pursuant to a
21  deferred compensation plan, any investment option plan
22  provider that which is a bank or savings association and that
23  which provides time deposit accounts and certificates of
24  deposit as an investment product to the plan participants may,
25  with the approval of the State Board of Administration for
26  providers in the state plan, or with the approval of the
27  appropriate official or body designated under subsection (5)
28  for a plan of a county, municipality, other political
29  subdivision, or constitutional county officer, be exempt from
30  the provisions of chapter 280 requiring it to be a qualified
31  public depository, provided:
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    CS for CS for SB 2994                          First Engrossed
 1         (a)  The bank or savings association shall, to the
 2  extent that the time deposit accounts or certificates of
 3  deposit are not insured by the Federal Deposit Insurance
 4  Corporation, deposit or issue collateral with the Chief
 5  Financial Officer for all state funds held by it under a
 6  deferred compensation plan, or with such other appropriate
 7  official for all public funds held by it under a deferred
 8  compensation plan of a county, municipality, other political
 9  subdivision, or constitutional county officer, in an amount
10  which equals at least 150 percent of all uninsured deferred
11  compensation funds then held.
12         (b)  Said collateral shall be of the kind permitted by
13  s. 280.13 and shall be pledged in the manner provided for by
14  the applicable provisions of chapter 280.
15  
16  The Chief Financial Officer shall have all the applicable
17  powers provided in ss. 280.04, 280.05, and 280.08 relating to
18  the sale or other disposition of the pledged collateral.
19         Section 9.  Subsection (1) of section 215.95, Florida
20  Statutes, is amended to read:
21         215.95  Financial Management Information Board.--
22         (1)  There is created, as part of the Administration
23  Commission, the Financial Management Information Board.  The
24  board shall be composed of the Governor, the Chief Financial
25  Officer, the Commissioner of Agriculture, and the Attorney
26  General.  The Governor shall be chair of the board.  The
27  Governor or the Chief Financial Officer may call a meeting of
28  the board at any time the need arises.
29         Section 10.  Subsections (2) and (4) of section 215.96,
30  Florida Statutes, are amended to read:
31  
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    CS for CS for SB 2994                          First Engrossed
 1         215.96  Coordinating council and design and
 2  coordination staff.--
 3         (2)  The coordinating council shall consist of the
 4  Chief Financial Officer; the Commissioner of Agriculture; the
 5  secretary of the Department of Management Services; the
 6  Attorney General; and the Director of Planning and Budgeting,
 7  Executive Office of the Governor, or their designees. The
 8  Chief Financial Officer, or his or her designee, shall be
 9  chair of the coordinating council, and the design and
10  coordination staff shall provide administrative and clerical
11  support to the council and the board. The design and
12  coordination staff shall maintain the minutes of each meeting
13  and shall make such minutes available to any interested
14  person. The Auditor General, the State Courts Administrator,
15  an executive officer of the Florida Association of State
16  Agency Administrative Services Directors, and an executive
17  officer of the Florida Association of State Budget Officers,
18  or their designees, shall serve without voting rights as ex
19  officio members on the coordinating council. The chair may
20  call meetings of the coordinating council as often as
21  necessary to transact business; however, the coordinating
22  council shall meet at least once a year.  Action of the
23  coordinating council shall be by motion, duly made, seconded
24  and passed by a majority of the coordinating council voting in
25  the affirmative for approval of items that are to be
26  recommended for approval to the Financial Management
27  Information Board.
28         (4)  The Financial Management Information Board,
29  through the coordinating council, shall provide the necessary
30  planning, implementation, and integration policies,
31  coordination procedures, and reporting processes to facilitate
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    CS for CS for SB 2994                          First Engrossed
 1  the successful and efficient integration of the central
 2  administrative and financial management information systems,
 3  including the Florida Accounting Information Resource system
 4  (FLAIR), Cash Management System (CMS), and FLAIR/CMS
 5  replacement project, the payroll system in the Department of
 6  Financial Services, the Legislative Appropriations
 7  System/Planning and Budgeting Subsystem (LAS/PBS), the State
 8  Purchasing System (SPURS) and MyFlorida Marketplace project,
 9  the Cooperative Personnel Employment Subsystem (COPES) and the
10  PeopleFirst Outsourcing project, and the State Unified Tax
11  system (SUNTAX).
12         (a)  To fulfill this role, the coordinating council
13  shall establish an Enterprise Resource Planning Integration
14  Task Force, which shall consist of the coordinating council
15  members plus the Chief Information Officer in the State
16  Technology Office and the Executive Director or designee in
17  the Department of Revenue, who shall serve with voting rights
18  on the task force. The nonvoting ex officio members of the
19  coordinating council shall be nonvoting members of the task
20  force.
21         (b)  The task force shall be established by August 1,
22  2003, and shall remain in existence until the integration
23  goals have been achieved among the FLAIR/CMS Replacement
24  project, SPURS and MyFlorida Marketplace project, COPES and
25  PeopleFirst project, payroll system, LAS/PBS, and SUNTAX
26  system, or until June 30, 2005, whichever is later. The task
27  force shall hold its initial meeting no later than September
28  1, 2003, and shall meet at the call of the chair or at least
29  once every 60 days. In its initial meeting, task force members
30  shall:
31  
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    CS for CS for SB 2994                          First Engrossed
 1         1.  Adopt a task force charter that identifies major
 2  objectives, activities, milestones and deliverables,
 3  significant assumptions, and constraints on the task force
 4  functions and major stakeholder groups interested in the
 5  outcome of the task force.
 6         2.  Consider and adopt processes by which information
 7  will be collected and business process and technical
 8  integration issues will be raised for analysis and
 9  recommendation by the task force.
10         3.  Elect a member to serve as vice chair. Any vacancy
11  in the vice chair position shall be filled by similar election
12  within 30 days after the date the vacancy is effective.
13         (c)  The coordinating council shall provide
14  administrative and technical support to the task force as is
15  reasonably necessary for the task force to effectively and
16  timely carry out its duties and responsibilities. The cost of
17  providing such support may be paid from funds appropriated for
18  the operation of the council or the FLAIR/CMS Replacement
19  project. The task force also may contract for services to
20  obtain specific expertise to analyze, facilitate, and
21  formulate recommendations to address process and technical
22  integration problems that need to be resolved.
23         (d)  Using information and input from project teams and
24  stakeholders responsible for the FLAIR/CMS Replacement
25  project, SPURS and MyFlorida Marketplace project, COPES and
26  PeopleFirst project, payroll system, LAS/PBS, and SUNTAX
27  system, the responsibilities of the task force shall include,
28  but not be limited to:
29         1.  Identifying and documenting central administrative
30  and financial management policies, procedures, and processes
31  
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    CS for CS for SB 2994                          First Engrossed
 1  that need to be integrated and recommending steps for
 2  implementation.
 3         2.  Collecting information from the subsystem owners
 4  and project teams and developing and publishing a consolidated
 5  list of enterprise resource planning functional and technical
 6  integration requirements.
 7         3.  Publishing integration plans and timelines based on
 8  information collected from task force members.
 9         4.  Forming committees, workgroups, and teams as
10  provided in subsection (3).
11         5.  Developing recommendations for the Financial
12  Management Information Board which clearly describe any
13  business or technical problems that need to be addressed, the
14  options for resolving the problem, and the recommended
15  actions.
16         6.  Developing and implementing plans for reporting
17  status of integration efforts.
18         (e)  The task force shall provide recommendations to
19  the Financial Management Information Board for review and
20  approval regarding the technical, procedural, policy, and
21  process requirements and changes that are needed to
22  successfully integrate, implement, and realize the benefits of
23  the enterprise resource planning initiatives associated with
24  the FLAIR/CMS Replacement project, SPURS and MyFlorida
25  Marketplace project, COPES and PeopleFirst project, payroll
26  system, LAS/PBS, and SUNTAX system. The first of these reports
27  should be provided no later than October 3, 2003.
28         (f)  The task force shall monitor, review, and evaluate
29  the progress of the FLAIR/CMS Replacement project, SPURS and
30  MyFlorida Marketplace project, COPES and PeopleFirst project,
31  payroll system, LAS/PBS, and SUNTAX system, in implementing
                                  28
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    CS for CS for SB 2994                          First Engrossed
 1  the process and technical integration requirements and changes
 2  approved by the Financial Management Information Board and in
 3  achieving the necessary integration among the central
 4  administrative and financial management information systems
 5  represented on the task force. The task force shall prepare
 6  and submit quarterly reports to the Executive Office of the
 7  Governor, the chairs of the Senate Appropriations Committee
 8  and the House Appropriations Committee, and the Financial
 9  Management Information Board. Each quarterly report shall
10  identify and describe the technical, procedural, policy, and
11  process requirements and changes proposed and adopted by the
12  board and shall describe the status of the implementation of
13  these integration efforts, identify any problems, issues, or
14  risks that require executive-level action, and report actual
15  costs related to the Enterprise Resource Planning Integration
16  Task Force.
17         (g)  By January 15, 2004, and annually thereafter,
18  until it is disbanded, the Enterprise Resource Planning
19  Integration Task Force shall report to the Financial
20  Management Information Board, the Speaker of the House of
21  Representatives, and the President of the Senate the results
22  of the task force's monitoring, review, and evaluation of
23  enterprise resource planning integration activities and
24  requirements, and any recommendations for statutory changes to
25  be considered by the Legislature.
26         (h)  This subsection expires July 1, 2008 July 1, 2004.
27         Section 11.  Subsection (10) is added to section
28  287.064, Florida Statutes, to read:
29         287.064  Consolidated financing of deferred-payment
30  purchases.--
31  
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    CS for CS for SB 2994                          First Engrossed
 1         (10)  Costs incurred pursuant to a guaranteed energy
 2  performance savings contract, including the cost of energy
 3  conservation measures, each as defined in s. 489.145, may be
 4  financed pursuant to a master equipment financing agreement;
 5  however, the costs of training, operation, and maintenance may
 6  not be financed. The period of time for repayment of the funds
 7  drawn pursuant to the master equipment financing agreement
 8  under this subsection may exceed 5 years but may not exceed 10
 9  years.
10         Section 12.  Paragraph (a) of subsection (8) of section
11  408.05, Florida Statutes, is amended to read:
12         408.05  State Center for Health Statistics.--
13         (8)  STATE COMPREHENSIVE HEALTH INFORMATION SYSTEM
14  ADVISORY COUNCIL.--
15         (a)  There is established in the agency the State
16  Comprehensive Health Information System Advisory Council to
17  assist the center in reviewing the comprehensive health
18  information system and to recommend improvements for such
19  system. The council shall consist of the following members:
20         1.  An employee of the Executive Office of the
21  Governor, to be appointed by the Governor.
22         2.  An employee of the Office of Insurance Regulation
23  Department of Financial Services, to be appointed by the
24  director of the office Chief Financial Officer.
25         3.  An employee of the Department of Education, to be
26  appointed by the Commissioner of Education.
27         4.  Ten persons, to be appointed by the Secretary of
28  Health Care Administration, representing other state and local
29  agencies, state universities, the Florida Association of
30  Business/Health Coalitions, local health councils,
31  
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    CS for CS for SB 2994                          First Engrossed
 1  professional health-care-related associations, consumers, and
 2  purchasers.
 3         Section 13.  Subsection (4) of section 501.212, Florida
 4  Statutes, is amended and subsection (7) is added to that
 5  section, to read:
 6         501.212  Application.--This part does not apply to:
 7         (4)  Any person or activity regulated under laws
 8  administered by:
 9         (a)  The Department of Financial Services or the Office
10  of Insurance Regulation of the Financial Services Commission;
11  or
12         (b)  Banks and savings and loan associations regulated
13  by the Office of Financial Regulation of the Financial
14  Services Commission; or
15         (c)  Banks or savings and loan associations regulated
16  by federal agencies; or.
17         (d)  Any person or activity regulated under the laws
18  administered by the former Department of Insurance which are
19  now administered by the Department of Financial Services.
20         (7)(a)  Causes of action pertaining to commercial real
21  property located in this state if the parties to the action
22  executed a written lease or contract that expressly provides
23  for the process of resolution of any dispute and the award of
24  damages, attorney's fees, and costs, if any; or
25         (b)  Causes of action concerning failure to maintain
26  real property if the Florida Statutes:
27         1.  Require the owner to comply with applicable
28  building, housing, and health codes;
29         2.  Require the owner to maintain buildings and
30  improvements in common areas in a good state of repair and
31  
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    CS for CS for SB 2994                          First Engrossed
 1  maintenance and maintain the common areas in a good state of
 2  appearance, safety, and cleanliness; and
 3         3.  Provide a cause of action for failure to maintain
 4  the real property and provide legal or equitable remedies,
 5  including the award of attorney's fees.
 6  
 7  However, this subsection does not affect any action or remedy
 8  concerning residential tenancies covered under part II of
 9  chapter 83, nor does it prohibit the enforcing authority from
10  maintaining exclusive jurisdiction to bring any cause of
11  action authorized under part II of chapter 501.
12         Section 14.  Subsection (1) of section 516.35, Florida
13  Statutes, is amended to read:
14         516.35  Credit insurance must comply with credit
15  insurance act.--
16         (1)  Tangible property offered as security may be
17  reasonably insured against loss for a reasonable term,
18  considering the circumstances of the loan. If such insurance
19  is sold at standard rates through a person duly licensed by
20  the Department of Financial Services Office of Insurance
21  Regulation of the Financial Services Commission and if the
22  policy is payable to the borrower or any member of her or his
23  family, it shall not be deemed to be a collateral sale,
24  purchase, or agreement even though a customary mortgagee
25  clause is attached or the licensee is a coassured.
26         Section 15.  Subsection (2) of section 624.313, Florida
27  Statutes, is amended to read:
28         624.313  Publications.--
29         (2)(a)  The department may prepare and have printed and
30  published in pamphlet or book form the following:
31  
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    CS for CS for SB 2994                          First Engrossed
 1         (a)1.  As needed, questions and answers for the use of
 2  persons applying for an examination for licensing as agents
 3  for property, casualty, surety, health, and miscellaneous
 4  insurers.
 5         (b)2.  As needed, questions and answers for the use of
 6  persons applying for an examination for licensing as agents
 7  for life and health insurers.
 8         (c)(b)  The office may prepare and have printed and
 9  published in pamphlet or book form, As needed, questions and
10  answers for the use of persons applying for an examination for
11  licensing as adjusters.
12         Section 16.  Subsection (1) and paragraph (a) of
13  subsection (2) of section 624.317, Florida Statutes, are
14  amended to read:
15         624.317  Investigation of agents, adjusters,
16  administrators, service companies, and others.--If it has
17  reason to believe that any person has violated or is violating
18  any provision of this code, or upon the written complaint
19  signed by any interested person indicating that any such
20  violation may exist:
21         (1)  The department shall conduct such investigation as
22  it deems necessary of the accounts, records, documents, and
23  transactions pertaining to or affecting the insurance affairs
24  of any general agent, surplus line agent, adjuster, managing
25  general agent, insurance agent, customer representative,
26  service representative, or other person subject to its
27  jurisdiction, subject to the requirements of s. 626.601.
28         (2)  The office shall conduct such investigation as it
29  deems necessary of the accounts, records, documents, and
30  transactions pertaining to or affecting the insurance affairs
31  of any:
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    CS for CS for SB 2994                          First Engrossed
 1         (a)  Adjuster, Administrator, service company, or other
 2  person subject to its jurisdiction.
 3         Section 17.  Subsections (3) and (4) are added to
 4  section 624.4622, Florida Statutes, to read:
 5         624.4622  Local government self-insurance funds.--
 6         (3)  Notwithstanding subsection (2), a local government
 7  self-insurance fund created under this section after October
 8  1, 2004, shall initially be subject to the requirements of a
 9  commercial fund under s. 624.4621 and, for the first 5 years
10  of its existence, shall be subject to all the requirements
11  applied to commercial self-insurance funds or to group
12  self-insurance funds, respectively.
13         (4)(a)  A local government self-insurance fund formed
14  after January 1, 2005, shall, for its first 5 fiscal years,
15  file with the office full and true statements of its financial
16  condition, transactions, and affairs. An annual statement
17  covering the preceding fiscal year shall be filed within 60
18  days after the end of the fund's fiscal year and quarterly
19  statements shall be filed within 45 days after each such date.
20  The office may, for good cause, grant an extension of time for
21  filing an annual or quarterly statement. The statements shall
22  contain information generally included in insurers' financial
23  statements prepared in accordance with generally accepted
24  insurance accounting principles and practices and in a form
25  generally used by insurers for financial statements, sworn to
26  by at least two executive officers of the self-insurance fund.
27  The form for financial statements shall be the form currently
28  approved by the National Association of Insurance
29  Commissioners for use by property and casualty insurers.
30         (b)  Each annual statement shall contain a statement of
31  opinion on loss and loss adjustment expense reserves made by a
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    CS for CS for SB 2994                          First Engrossed
 1  member of the American Academy of Actuaries. Workpapers in
 2  support of the statement of opinion must be provided to the
 3  office upon request.
 4         Section 18.  Paragraph (d) of subsection (12) of
 5  section 624.501, Florida Statutes, is amended to read:
 6         624.501  Filing, license, appointment, and
 7  miscellaneous fees.--The department, commission, or office, as
 8  appropriate, shall collect in advance, and persons so served
 9  shall pay to it in advance, fees, licenses, and miscellaneous
10  charges as follows:
11         (12)  Adjusters:
12         (d)  Fee to cover actual cost of credit report, when
13  such report must be secured by department office.
14         Section 19.  Subsections (1) and (2) of section
15  626.016, Florida Statutes, are amended to read:
16         626.016  Powers and duties of department, commission,
17  and office.--
18         (1)  The powers and duties of the Chief Financial
19  Officer and the department specified in this part apply only
20  with respect to insurance agents, managing general agents,
21  insurance adjusters, reinsurance intermediaries, viatical
22  settlement brokers, customer representatives, service
23  representatives, and agencies.
24         (2)  The powers and duties of the commission and office
25  specified in this part apply only with respect to insurance
26  adjusters, service companies, administrators, and viatical
27  settlement providers and contracts.
28         Section 20.  Paragraph (a) of subsection (1) of section
29  626.112, Florida Statutes, is amended to read:
30  
31  
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 1         626.112  License and appointment required; agents,
 2  customer representatives, adjusters, insurance agencies,
 3  service representatives, managing general agents.--
 4         (1)(a)  No person may be, act as, or advertise or hold
 5  himself or herself out to be an insurance agent, insurance
 6  adjuster, or customer representative unless he or she is
 7  currently licensed by the department and appointed by an
 8  appropriate appointing entity or person one or more insurers.
 9  No person may be, act as, or advertise or hold himself or
10  herself out to be an insurance adjuster unless he or she is
11  currently licensed by the office and appointed by one or more
12  insurers.
13         Section 21.  Section 626.161, Florida Statutes, is
14  amended to read:
15         626.161  Licensing forms.--The department shall
16  prescribe and furnish all printed forms required in connection
17  with the application for issuance of and termination of all
18  licenses and appointments, except that, with respect to
19  adjusters, the commission shall prescribe and the office shall
20  furnish such forms.
21         Section 22.  Subsection (1), paragraph (f) of
22  subsection (2), and subsection (5) of section 626.171, Florida
23  Statutes, are amended to read:
24         626.171  Application for license.--
25         (1)  The department or office shall not issue a license
26  as agent, customer representative, adjuster, insurance agency,
27  service representative, managing general agent, or reinsurance
28  intermediary to any person except upon written application
29  therefor filed with it, qualification therefor, and payment in
30  advance of all applicable fees. Any such application shall be
31  made under the oath of the applicant and be signed by the
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    CS for CS for SB 2994                          First Engrossed
 1  applicant. Beginning November 1, 2002, the department shall
 2  accept the uniform application for nonresident agent
 3  licensing. The department may adopt revised versions of the
 4  uniform application by rule.
 5         (2)  In the application, the applicant shall set forth:
 6         (f)  Such other or additional information as the
 7  department or office may deem proper to enable it to determine
 8  the character, experience, ability, and other qualifications
 9  of the applicant to hold himself or herself out to the public
10  as an insurance representative.
11         (5)  An application for a license as an agent, customer
12  representative, adjuster, insurance agency, service
13  representative, managing general agent, or reinsurance
14  intermediary must be accompanied by a set of the individual
15  applicant's fingerprints, or, if the applicant is not an
16  individual, by a set of the fingerprints of the sole
17  proprietor, majority owner, partners, officers, and directors,
18  on a form adopted by rule of the department or commission and
19  accompanied by the fingerprint processing fee set forth in s.
20  624.501. Fingerprints shall be used to investigate the
21  applicant's qualifications pursuant to s. 626.201. The
22  fingerprints shall be taken by a law enforcement agency or
23  other department-approved entity.
24         Section 23.  Section 626.181, Florida Statutes, is
25  amended to read:
26         626.181  Number of applications for licensure
27  required.--After a license as agent, customer representative,
28  or adjuster has been issued to an individual, the same
29  individual shall not be required to take another examination
30  for a similar license, regardless, in the case of an agent, of
31  
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 1  the number of insurers to be represented by him or her as
 2  agent, unless:
 3         (1)  Specifically ordered by the department or office
 4  to complete a new application for license; or
 5         (2)  During any period of 48 months since the filing of
 6  the original license application, such individual was not
 7  appointed as an agent, customer representative, or adjuster,
 8  unless the failure to be so appointed was due to military
 9  service, in which event the period within which a new
10  application is not required may, in the discretion of the
11  department or office, be extended to 12 months following the
12  date of discharge from military service if the military
13  service does not exceed 3 years, but in no event to extend
14  under this clause for a period of more than 6 years from the
15  date of filing of the original application for license.
16         Section 24.  Section 626.191, Florida Statutes, is
17  amended to read:
18         626.191  Repeated applications.--The failure of an
19  applicant to secure a license upon an application shall not
20  preclude him or her from applying again as many times as
21  desired, but the department or office shall not give
22  consideration to or accept any further application by the same
23  individual for a similar license dated or filed within 30 days
24  subsequent to the date the department or office denied the
25  last application, except as provided in s. 626.281.
26         Section 25.  Section 626.211, Florida Statutes, is
27  amended to read:
28         626.211  Approval, disapproval of application.--
29         (1)  If upon the basis of a completed application for
30  license and such further inquiry or investigation as the
31  department or office may make concerning an applicant the
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    CS for CS for SB 2994                          First Engrossed
 1  department or office is satisfied that, subject to any
 2  examination required to be taken and passed by the applicant
 3  for a license, the applicant is qualified for the license
 4  applied for and that all pertinent fees have been paid, it
 5  shall approve the application.  The department or office shall
 6  not deny, delay, or withhold approval of an application due to
 7  the fact that it has not received a criminal history report
 8  based on the applicant's fingerprints.
 9         (2)  Upon approval of an applicant for license as
10  agent, customer representative, or adjuster who is subject to
11  written examination, the department or office shall notify the
12  applicant when and where he or she may take the required
13  examination.
14         (3)  Upon approval of an applicant for license who is
15  not subject to examination, the department or office shall
16  promptly issue the license.
17         (4)  If upon the basis of the completed application and
18  such further inquiry or investigation the department or office
19  deems the applicant to be lacking in any one or more of the
20  required qualifications for the license applied for, the
21  department or office shall disapprove the application and
22  notify the applicant, stating the grounds of disapproval.
23         Section 26.  Subsection (1) and paragraphs (a), (c),
24  (d), (f), (g), and (l) of subsection (2) of section 626.221,
25  Florida Statutes, are amended to read:
26         626.221  Examination requirement; exemptions.--
27         (1)  The department or office shall not issue any
28  license as agent, customer representative, or adjuster to any
29  individual who has not qualified for, taken, and passed to the
30  satisfaction of the department or office a written examination
31  of the scope prescribed in s. 626.241.
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 1         (2)  However, no such examination shall be necessary in
 2  any of the following cases:
 3         (a)  An applicant for renewal of appointment as an
 4  agent, customer representative, or adjuster, unless the
 5  department or office determines that an examination is
 6  necessary to establish the competence or trustworthiness of
 7  such applicant.
 8         (c)  In the discretion of the department or office, an
 9  applicant for reinstatement of license or appointment as an
10  agent, customer representative, or adjuster whose license has
11  been suspended within 2 years prior to the date of application
12  or written request for reinstatement.
13         (d)  An applicant who, within 2 years prior to
14  application for license and appointment as an agent, customer
15  representative, or adjuster, was a full-time salaried employee
16  of the department or office and had continuously been such an
17  employee with responsible insurance duties for not less than 2
18  years and who had been a licensee within 2 years prior to
19  employment by the department or office with the same class of
20  license as that being applied for.
21         (f)  A person who has been licensed and appointed as a
22  public adjuster or independent adjuster, or licensed and
23  appointed either as an agent or company adjuster as to all
24  property, casualty, and surety insurances, may be licensed and
25  appointed as a company adjuster as to any of such insurances,
26  or as an independent adjuster or public adjuster, without
27  additional written examination if an application for
28  appointment is filed with the department office within 48
29  months following the date of cancellation or expiration of the
30  prior appointment.
31  
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 1         (g)  A person who has been licensed as an adjuster for
 2  motor vehicle, property and casualty, workers' compensation,
 3  and health insurance may be licensed as such an adjuster
 4  without additional written examination if his or her
 5  application for appointment is filed with the department
 6  office within 48 months after cancellation or expiration of
 7  the prior license.
 8         (l)  An applicant for license as an adjuster who has
 9  the designation of Accredited Claims Adjuster (ACA) from a
10  regionally accredited postsecondary institution in this state,
11  or the designation of Professional Claims Adjuster (PCA) from
12  the Professional Career Institute, whose curriculum has been
13  approved by the department office and whose curriculum
14  includes comprehensive analysis of basic property and casualty
15  lines of insurance and testing at least equal to that of
16  standard department office testing for the all-lines adjuster
17  license. The department commission shall adopt rules
18  establishing standards for the approval of curriculum.
19         Section 27.  Section 626.231, Florida Statutes, is
20  amended to read:
21         626.231  Eligibility for examination.--No person shall
22  be permitted to take an examination for license until his or
23  her application for the license has been approved and the
24  required fees have been received by the department or office
25  or a person designated by the department or office to
26  administer the examination.
27         Section 28.  Subsection (1) of section 626.241, Florida
28  Statutes, is amended to read:
29         626.241  Scope of examination.--
30         (1)  Each examination for a license as agent, customer
31  representative, or adjuster shall be of such scope as is
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    CS for CS for SB 2994                          First Engrossed
 1  deemed by the department or office to be reasonably necessary
 2  to test the applicant's ability and competence and knowledge
 3  of the kinds of insurance and transactions to be handled under
 4  the license applied for, of the duties and responsibilities of
 5  such a licensee, and of the pertinent provisions of the laws
 6  of this state.
 7         Section 29.  Subsections (1) and (3) of section
 8  626.251, Florida Statutes, are amended to read:
 9         626.251  Time and place of examination; notice.--
10         (1)  The department or office or a person designated by
11  the department or office shall mail written notice of the time
12  and place of the examination to each applicant for license
13  required to take an examination who will be eligible to take
14  the examination as of the examination date.  The notice shall
15  be so mailed, postage prepaid, and addressed to the applicant
16  at his or her address shown on the application for license or
17  at such other address as requested by the applicant in writing
18  filed with the department or office prior to the mailing of
19  the notice. Notice shall be deemed given when so mailed.
20         (3)  The department or office shall make an examination
21  available to the applicant, to be taken as soon as reasonably
22  possible after the applicant is eligible therefor.  Any
23  examination required under this part shall be available in
24  this state at a designated examination center.
25         Section 30.  Subsections (1), (2), and (3) of section
26  626.261, Florida Statutes, are amended to read:
27         626.261  Conduct of examination.--
28         (1)  The applicant for license shall appear in person
29  and personally take the examination for license at the time
30  and place specified by the department or office or by a person
31  designated by the department or office.
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 1         (2)  The examination shall be conducted by an employee
 2  of the department or office or a person designated by the
 3  department or office for that purpose.
 4         (3)  The questions propounded shall be as prepared by
 5  the department or office, or by a person designated by the
 6  department or office for that purpose, consistent with the
 7  applicable provisions of this code.
 8         Section 31.  Section 626.266, Florida Statutes, is
 9  amended to read:
10         626.266  Printing of examinations or related materials
11  to preserve examination security.--A contract let for the
12  development, administration, or grading of examinations or
13  related materials by the department or office pursuant to the
14  various agent, customer representative, or adjuster licensing
15  and examination provisions of this code may include the
16  printing or furnishing of these examinations or related
17  materials in order to preserve security. Any such contract
18  shall be let as a contract for a contractual service pursuant
19  to s. 287.057.
20         Section 32.  Subsection (1) of section 626.271, Florida
21  Statutes, is amended to read:
22         626.271  Examination fee; determination, refund.--
23         (1)  Prior to being permitted to take an examination,
24  each applicant who is subject to examination shall pay to the
25  department or office or a person designated by the department
26  or office an examination fee.  A separate and additional
27  examination fee shall be payable for each separate class of
28  license applied for, notwithstanding that all such
29  examinations are taken on the same date and at the same place.
30         Section 33.  Section 626.281, Florida Statutes, is
31  amended to read:
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 1         626.281  Reexamination.--
 2         (1)  Any applicant for license who has either:
 3         (a)  Taken an examination and failed to make a passing
 4  grade, or
 5         (b)  Failed to appear for the examination or to take or
 6  complete the examination at the time and place specified in
 7  the notice of the department or office,
 8  
 9  may take additional examinations, after filing with the
10  department or office an application for reexamination together
11  with applicable fees.  The failure of an applicant to pass an
12  examination or the failure to appear for the examination or to
13  take or complete the examination does not preclude the
14  applicant from taking subsequent examinations.
15         (2)  The department or office may require any
16  individual whose license as an agent, customer representative,
17  or adjuster has expired or has been suspended to pass an
18  examination prior to reinstating or relicensing the individual
19  as to any class of license.  The examination fee shall be paid
20  as to each examination.
21         Section 34.  Section 626.2817, Florida Statutes, is
22  amended to read:
23         626.2817  Regulation of course providers, instructors,
24  school officials, and monitor groups involved in prelicensure
25  education for insurance agents and other licensees.--
26         (1)  Any course provider, instructor, school official,
27  or monitor group must be approved by and registered with the
28  department or office before offering prelicensure education
29  courses for insurance agents and other licensees.
30         (2)  The department or commission shall adopt rules
31  establishing standards for the approval, registration,
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    CS for CS for SB 2994                          First Engrossed
 1  discipline, or removal from registration of course providers,
 2  instructors, school officials, and monitor groups. The
 3  standards must be designed to ensure that such persons have
 4  the knowledge, competence, and integrity to fulfill the
 5  educational objectives of the prelicensure requirements of
 6  this chapter and chapter 648 and to assure that insurance
 7  agents and licensees are competent to engage in the activities
 8  authorized under the license.
 9         (3)  The department or commission shall adopt rules to
10  establish a process for determining compliance with the
11  prelicensure requirements of this chapter and chapter 648. The
12  department or commission shall adopt rules prescribing the
13  forms necessary to administer the prelicensure requirements.
14         Section 35.  Section 626.291, Florida Statutes, is
15  amended to read:
16         626.291  Denial, issuance of license.--
17         (1)  Within 30 days after the applicant has completed
18  any examination required under s. 626.221, the department or
19  office or its designee shall provide a score report; and, if
20  it finds that the applicant has received a passing grade, the
21  department or office shall within such period notify the
22  applicant and issue and transmit the license to which such
23  examination related.  If it finds that the applicant did not
24  make a passing grade on the examination for a particular
25  license, the department or office or its designee shall within
26  this period provide notice to the applicant to that effect and
27  of its denial of the license.
28         (2)  As to an applicant for a license for which no
29  examination is required, the department or office shall
30  promptly issue the license applied for as soon as it has
31  approved the application.
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 1         (3)  The department or office shall not deny, delay, or
 2  withhold issuance of a license due to the fact that it has not
 3  received a criminal history report based on the applicant's
 4  fingerprints.
 5         Section 36.  Section 626.301, Florida Statutes, is
 6  amended to read:
 7         626.301  Form and contents of licenses, in
 8  general.--Each license issued by the department or office
 9  shall be in such form as the department or commission may
10  designate and contain the licensee's name, lines of authority
11  the licensee is authorized to transact, the licensee's
12  personal identification number, the date of issuance, and any
13  other information the department or commission deems necessary
14  to fully identify the licensee and the authority being
15  granted. The department or commission may by rule require
16  photographs of applicants as a part of the licensing process.
17         Section 37.  Subsection (2) of section 626.371, Florida
18  Statutes, is amended to read:
19         626.371  Payment of fees, taxes for appointment period
20  without appointment.--
21         (2)  If, upon application and qualification for an
22  initial or renewal appointment and such investigation as the
23  department or office may make, it appears to the department or
24  office that an individual who was formerly licensed or is
25  currently licensed but not properly appointed to represent an
26  insurer or employer and who has been actively engaged or is
27  currently actively engaged as such an appointee, but without
28  being appointed as required, the department or office may, if
29  it finds that such failure to be appointed was an inadvertent
30  error on the part of the insurer or employer so represented,
31  nevertheless issue or authorize the issuance of the
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    CS for CS for SB 2994                          First Engrossed
 1  appointment as applied for but subject to the condition that,
 2  before the appointment is issued, all fees and taxes which
 3  would have been due had the applicant been so appointed during
 4  such current and prior periods, with applicable fees pursuant
 5  to s. 624.501 for such current and prior periods of
 6  appointment, shall be paid to the department or office.
 7         Section 38.  Subsections (2), (3), and (4) of section
 8  626.381, Florida Statutes, are amended to read:
 9         626.381  Renewal, continuation, reinstatement, or
10  termination of appointment.--
11         (2)  Each appointing entity shall file with the
12  department or office the lists, statements, and information as
13  to appointees whose appointments are being renewed or
14  terminated, accompanied by payment of the applicable renewal
15  fees and taxes as prescribed in s. 624.501, by a date set
16  forth by the department or office following the month during
17  which the appointments will expire.
18         (3)  Renewal of an appointment which is received by the
19  department or office or person designated by the department to
20  administer the appointment process prior to the expiration of
21  an appointment in the licensee's birth month or license issue
22  date, whichever applies, may be renewed by the department or
23  office without penalty and shall be effective as of the first
24  day of the month succeeding the month in which the appointment
25  would have expired.
26         (4)  Renewal of an appointment which is received by the
27  department or office or person designated by the department to
28  administer the appointment process after the renewal date may
29  be accepted and effectuated by the department or office in its
30  discretion if the appointment, late filing, continuation, and
31  reinstatement fee accompanies the renewal request pursuant to
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    CS for CS for SB 2994                          First Engrossed
 1  s. 624.501. Late filing fees shall be paid by the appointing
 2  entity and may not be charged to the appointee.
 3         Section 39.  Subsection (2) of section 626.431, Florida
 4  Statutes, is amended to read:
 5         626.431  Effect of expiration of license and
 6  appointment.--
 7         (2)  When a licensee's last appointment for a
 8  particular class of insurance has been terminated or not
 9  renewed, the department or office must notify the licensee
10  that his or her eligibility for appointment as such an
11  appointee will expire unless he or she is appointed prior to
12  expiration of the 48-month period referred to in subsection
13  (3).
14         Section 40.  Section 626.461, Florida Statutes, is
15  amended to read:
16         626.461  Continuation of appointment of agent or other
17  representative.--Subject to renewal or continuation by the
18  appointing entity, the appointment of the agent, adjuster,
19  service representative, customer representative, or managing
20  general agent shall continue in effect until the person's
21  license is revoked or otherwise terminated, unless written
22  notice of earlier termination of the appointment is filed with
23  the department or office or person designated by the
24  department to administer the appointment process by either the
25  appointing entity or the appointee.
26         Section 41.  Subsections (2), (3), (4), and (5) of
27  section 626.471, Florida Statutes, are amended to read:
28         626.471  Termination of appointment.--
29         (2)  As soon as possible and at all events within 30
30  days after terminating the appointment of an appointee, other
31  than as to an appointment terminated by the appointing
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    CS for CS for SB 2994                          First Engrossed
 1  entity's failure to continue or renew it, the appointing
 2  entity shall file written notice thereof with the department
 3  or office, together with a statement that it has given the
 4  appointee notice thereof as provided in subsection (1) and
 5  shall file with the department or office the reasons and facts
 6  involved in such termination as required under s. 626.511.
 7         (3)  Upon termination of the appointment of an
 8  appointee, whether by failure to renew or continue the
 9  appointment, the appointing entity shall:
10         (a)  File with the department or office the information
11  required under s. 626.511.
12         (b)  Subject to the exceptions provided under
13  subsection (1), continue the outstanding contracts transacted
14  by an agent until the expiration date or anniversary date when
15  the policy is a continuous policy with no expiration date.
16  This paragraph shall not be construed to prohibit the
17  cancellation of such contracts when not otherwise prohibited
18  by law.
19         (4)  An appointee may terminate the appointment at any
20  time by giving written or electronic notice thereof to the
21  appointing entity, department or office, or person designated
22  by the department to administer the appointment process. The
23  department shall immediately terminate the appointment and
24  notify the appointing entity of such termination. Such
25  termination shall be subject to the appointee's contract
26  rights, if any.
27         (5)  Upon receiving notice of termination, the
28  department or office or person designated by the department to
29  administer the appointment process shall terminate the
30  appointment.
31  
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 1         Section 42.  Subsections (2), (3), and (5) of section
 2  626.521, Florida Statutes, are amended to read:
 3         626.521  Character, credit reports.--
 4         (2)  If requested by the department or office, the
 5  insurer, manager, general agent, general lines agent, or
 6  employer, as the case may be, shall furnish to the department
 7  or office on a form adopted and furnished by the department or
 8  commission and furnished by the department or office, such
 9  information as it may reasonably requires require relative to
10  such individual and investigation.
11         (3)  As to an applicant for an adjuster's or
12  reinsurance intermediary's license who is to be self-employed,
13  the department or office may secure, at the cost of the
14  applicant, a full detailed credit and character report made by
15  an established and reputable independent reporting service
16  relative to the applicant.
17         (5)  Information contained in credit or character
18  reports furnished to or secured by the department or office
19  under this section is confidential and exempt from the
20  provisions of s. 119.07(1).
21         Section 43.  Subsections (1) and (2) of section
22  626.541, Florida Statutes, are amended to read:
23         626.541  Firm, corporate, and business names; officers;
24  associates; notice of changes.--
25         (1)  Any licensed agent or adjuster doing business
26  under a firm or corporate name or under any business name
27  other than his or her own individual name shall, within 30
28  days after the initial transaction of insurance under such
29  business name, file with the department or office, on forms
30  adopted and furnished by the department or commission and
31  furnished by the department or office, a written statement of
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    CS for CS for SB 2994                          First Engrossed
 1  the firm, corporate, or business name being so used, the
 2  address of any office or offices or places of business making
 3  use of such name, and the name and social security number of
 4  each officer and director of the corporation and of each
 5  individual associated in such firm or corporation as to the
 6  insurance transactions thereof or in the use of such business
 7  name.
 8         (2)  In the event of any change of such name, or of any
 9  of the officers and directors, or of any of such addresses, or
10  in the personnel so associated, written notice of such change
11  must be filed with the department or office within 30 days by
12  or on behalf of those licensees terminating any such firm,
13  corporate, or business name or continuing to operate
14  thereunder.
15         Section 44.  Section 626.551, Florida Statutes, is
16  amended to read:
17         626.551  Notice of change of address, name.--Every
18  licensee shall notify the department or office in writing
19  within 60 days after a change of name, residence address,
20  principal business street address, or mailing address. Any
21  licensed agent who has moved his or her residence from this
22  state shall have his or her license and all appointments
23  immediately terminated by the department or office. Failure to
24  notify the department or office within the required time
25  period shall result in a fine not to exceed $250 for the first
26  offense and, for subsequent offenses, a fine of not less than
27  $500 or suspension or revocation of the license pursuant to s.
28  626.611 or s. 626.621.
29         Section 45.  Section 626.611, Florida Statutes, is
30  amended to read:
31  
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 1         626.611  Grounds for compulsory refusal, suspension, or
 2  revocation of agent's, title agency's, adjuster's, customer
 3  representative's, service representative's, or managing
 4  general agent's license or appointment.--The department or
 5  office shall deny an application for, suspend, revoke, or
 6  refuse to renew or continue the license or appointment of any
 7  applicant, agent, title agency, adjuster, customer
 8  representative, service representative, or managing general
 9  agent, and it shall suspend or revoke the eligibility to hold
10  a license or appointment of any such person, if it finds that
11  as to the applicant, licensee, or appointee any one or more of
12  the following applicable grounds exist:
13         (1)  Lack of one or more of the qualifications for the
14  license or appointment as specified in this code.
15         (2)  Material misstatement, misrepresentation, or fraud
16  in obtaining the license or appointment or in attempting to
17  obtain the license or appointment.
18         (3)  Failure to pass to the satisfaction of the
19  department or office any examination required under this code.
20         (4)  If the license or appointment is willfully used,
21  or to be used, to circumvent any of the requirements or
22  prohibitions of this code.
23         (5)  Willful misrepresentation of any insurance policy
24  or annuity contract or willful deception with regard to any
25  such policy or contract, done either in person or by any form
26  of dissemination of information or advertising.
27         (6)  If, as an adjuster, or agent licensed and
28  appointed to adjust claims under this code, he or she has
29  materially misrepresented to an insured or other interested
30  party the terms and coverage of an insurance contract with
31  intent and for the purpose of effecting settlement of claim
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    CS for CS for SB 2994                          First Engrossed
 1  for loss or damage or benefit under such contract on less
 2  favorable terms than those provided in and contemplated by the
 3  contract.
 4         (7)  Demonstrated lack of fitness or trustworthiness to
 5  engage in the business of insurance.
 6         (8)  Demonstrated lack of reasonably adequate knowledge
 7  and technical competence to engage in the transactions
 8  authorized by the license or appointment.
 9         (9)  Fraudulent or dishonest practices in the conduct
10  of business under the license or appointment.
11         (10)  Misappropriation, conversion, or unlawful
12  withholding of moneys belonging to insurers or insureds or
13  beneficiaries or to others and received in conduct of business
14  under the license or appointment.
15         (11)  Unlawfully rebating, attempting to unlawfully
16  rebate, or unlawfully dividing or offering to divide his or
17  her commission with another.
18         (12)  Having obtained or attempted to obtain, or having
19  used or using, a license or appointment as agent or customer
20  representative for the purpose of soliciting or handling
21  "controlled business" as defined in s. 626.730 with respect to
22  general lines agents, s. 626.784 with respect to life agents,
23  and s. 626.830 with respect to health agents.
24         (13)  Willful failure to comply with, or willful
25  violation of, any proper order or rule of the department,
26  commission, or office or willful violation of any provision of
27  this code.
28         (14)  Having been found guilty of or having pleaded
29  guilty or nolo contendere to a felony or a crime punishable by
30  imprisonment of 1 year or more under the law of the United
31  States of America or of any state thereof or under the law of
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    CS for CS for SB 2994                          First Engrossed
 1  any other country which involves moral turpitude, without
 2  regard to whether a judgment of conviction has been entered by
 3  the court having jurisdiction of such cases.
 4         (15)  Fraudulent or dishonest practice in submitting or
 5  aiding or abetting any person in the submission of an
 6  application for workers' compensation coverage under chapter
 7  440 containing false or misleading information as to employee
 8  payroll or classification for the purpose of avoiding or
 9  reducing the amount of premium due for such coverage.
10         (16)  Sale of an unregistered security that was
11  required to be registered, pursuant to chapter 517.
12         Section 46.  Section 626.621, Florida Statutes, is
13  amended to read:
14         626.621  Grounds for discretionary refusal, suspension,
15  or revocation of agent's, adjuster's, customer
16  representative's, service representative's, or managing
17  general agent's license or appointment.--The department or
18  office may, in its discretion, deny an application for,
19  suspend, revoke, or refuse to renew or continue the license or
20  appointment of any applicant, agent, adjuster, customer
21  representative, service representative, or managing general
22  agent, and it may suspend or revoke the eligibility to hold a
23  license or appointment of any such person, if it finds that as
24  to the applicant, licensee, or appointee any one or more of
25  the following applicable grounds exist under circumstances for
26  which such denial, suspension, revocation, or refusal is not
27  mandatory under s. 626.611:
28         (1)  Any cause for which issuance of the license or
29  appointment could have been refused had it then existed and
30  been known to the department or office.
31  
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    CS for CS for SB 2994                          First Engrossed
 1         (2)  Violation of any provision of this code or of any
 2  other law applicable to the business of insurance in the
 3  course of dealing under the license or appointment.
 4         (3)  Violation of any lawful order or rule of the
 5  department, commission, or office.
 6         (4)  Failure or refusal, upon demand, to pay over to
 7  any insurer he or she represents or has represented any money
 8  coming into his or her hands belonging to the insurer.
 9         (5)  Violation of the provision against twisting, as
10  defined in s. 626.9541(1)(l).
11         (6)  In the conduct of business under the license or
12  appointment, engaging in unfair methods of competition or in
13  unfair or deceptive acts or practices, as prohibited under
14  part IX of this chapter, or having otherwise shown himself or
15  herself to be a source of injury or loss to the public or
16  detrimental to the public interest.
17         (7)  Willful overinsurance of any property or health
18  insurance risk.
19         (8)  Having been found guilty of or having pleaded
20  guilty or nolo contendere to a felony or a crime punishable by
21  imprisonment of 1 year or more under the law of the United
22  States of America or of any state thereof or under the law of
23  any other country, without regard to whether a judgment of
24  conviction has been entered by the court having jurisdiction
25  of such cases.
26         (9)  If a life agent, violation of the code of ethics.
27         (10)  Cheating on an examination required for licensure
28  or violating test center or examination procedures published
29  orally, in writing, or electronically at the test site by
30  authorized representatives of the examination program
31  
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    CS for CS for SB 2994                          First Engrossed
 1  administrator.  Communication of test center and examination
 2  procedures must be clearly established and documented.
 3         (11)  Failure to inform the department or office in
 4  writing within 30 days after pleading guilty or nolo
 5  contendere to, or being convicted or found guilty of, any
 6  felony or a crime punishable by imprisonment of 1 year or more
 7  under the law of the United States or of any state thereof, or
 8  under the law of any other country without regard to whether a
 9  judgment of conviction has been entered by the court having
10  jurisdiction of the case.
11         (12)  Knowingly aiding, assisting, procuring, advising,
12  or abetting any person in the violation of or to violate a
13  provision of the insurance code or any order or rule of the
14  department, commission, or office.
15         Section 47.  Section 626.631, Florida Statutes, is
16  amended to read:
17         626.631  Procedure for refusal, suspension, or
18  revocation of license.--
19         (1)  If any licensee is convicted by a court of a
20  violation of this code or a felony, the licenses and
21  appointments of such person shall be immediately revoked by
22  the department or office. The licensee may subsequently
23  request a hearing pursuant to ss. 120.569 and 120.57, and the
24  department or office shall expedite any such requested
25  hearing. The sole issue at such hearing shall be whether the
26  revocation should be rescinded because such person was not in
27  fact convicted of a violation of this code or a felony.
28         (2)  The papers, documents, reports, or evidence of the
29  department or office relative to a hearing for revocation or
30  suspension of a license or appointment pursuant to the
31  provisions of this chapter and chapter 120 are confidential
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    CS for CS for SB 2994                          First Engrossed
 1  and exempt from the provisions of s. 119.07(1) until after the
 2  same have been published at the hearing. However, such papers,
 3  documents, reports, or items of evidence are subject to
 4  discovery in a hearing for revocation or suspension of a
 5  license or appointment.
 6         Section 48.  Subsections (1) and (2) of section
 7  626.641, Florida Statutes, are amended to read:
 8         626.641  Duration of suspension or revocation.--
 9         (1)  The department or office shall, in its order
10  suspending a license or appointment or in its order suspending
11  the eligibility of a person to hold or apply for such license
12  or appointment, specify the period during which the suspension
13  is to be in effect; but such period shall not exceed 2 years.
14  The license, appointment, or eligibility shall remain
15  suspended during the period so specified, subject, however, to
16  any rescission or modification of the order by the department
17  or office, or modification or reversal thereof by the court,
18  prior to expiration of the suspension period.  A license,
19  appointment, or eligibility which has been suspended shall not
20  be reinstated except upon request for such reinstatement; but
21  the department or office shall not grant such reinstatement if
22  it finds that the circumstance or circumstances for which the
23  license, appointment, or eligibility was suspended still exist
24  or are likely to recur.
25         (2)  No person or appointee under any license or
26  appointment revoked by the department or office, nor any
27  person whose eligibility to hold same has been revoked by the
28  department or office, shall have the right to apply for
29  another license or appointment under this code within 2 years
30  from the effective date of such revocation or, if judicial
31  review of such revocation is sought, within 2 years from the
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    CS for CS for SB 2994                          First Engrossed
 1  date of final court order or decree affirming the revocation.
 2  The department or office shall not, however, grant a new
 3  license or appointment or reinstate eligibility to hold such
 4  license or appointment if it finds that the circumstance or
 5  circumstances for which the eligibility was revoked or for
 6  which the previous license or appointment was revoked still
 7  exist or are likely to recur; if an individual's license as
 8  agent or customer representative or eligibility to hold same
 9  has been revoked upon the ground specified in s. 626.611(12),
10  the department or office shall refuse to grant or issue any
11  new license or appointment so applied for.
12         Section 49.  Subsection (2) of section 626.661, Florida
13  Statutes, is amended to read:
14         626.661  Surrender of license.--
15         (2)  This section shall not be deemed to require the
16  surrender to the department or office of any license unless
17  such surrender has been requested by the department or office.
18         Section 50.  Subsections (1) and (3) of section
19  626.681, Florida Statutes, are amended to read:
20         626.681  Administrative fine in lieu of or in addition
21  to suspension, revocation, or refusal of license, appointment,
22  or disapproval.--
23         (1)  Except as to insurance agencies, if the department
24  or office finds that one or more grounds exist for the
25  suspension, revocation, or refusal to issue, renew, or
26  continue any license or appointment issued under this chapter,
27  or disapproval of a continuing education course provider,
28  instructor, school official, or monitor groups, the department
29  or office may, in its discretion, in lieu of or in addition to
30  such suspension or revocation, or in lieu of such refusal, or
31  disapproval, and except on a second offense or when such
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    CS for CS for SB 2994                          First Engrossed
 1  suspension, revocation, or refusal is mandatory, impose upon
 2  the licensee, appointee, course provider, instructor, school
 3  official, or monitor group an administrative penalty in an
 4  amount up to $500 or, if the department or office has found
 5  willful misconduct or willful violation on the part of the
 6  licensee, appointee, course provider, instructor, school
 7  official, or monitor group up to $3,500. The administrative
 8  penalty may, in the discretion of the department or office, be
 9  augmented by an amount equal to any commissions received by or
10  accruing to the credit of the licensee or appointee in
11  connection with any transaction as to which the grounds for
12  suspension, revocation, or refusal related.
13         (3)  The department or office may allow the licensee,
14  appointee, or continuing education course provider,
15  instructor, school official, or monitor group a reasonable
16  period, not to exceed 30 days, within which to pay to the
17  department or office the amount of the penalty so imposed. If
18  the licensee, appointee, course provider, instructor, school
19  official, or monitor group fails to pay the penalty in its
20  entirety to the department or office within the period so
21  allowed, the license, appointments, approval, or status of
22  that person shall stand suspended or revoked or issuance,
23  renewal, or continuation shall be refused, as the case may be,
24  upon expiration of such period.
25         Section 51.  Section 626.691, Florida Statutes, is
26  amended to read:
27         626.691  Probation.--
28         (1)  If the department or office finds that one or more
29  grounds exist for the suspension, revocation, or refusal to
30  renew or continue any license or appointment issued under this
31  part, the department or office may, in its discretion, except
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    CS for CS for SB 2994                          First Engrossed
 1  when an administrative fine is not permissible under s.
 2  626.681 or when such suspension, revocation, or refusal is
 3  mandatory, in lieu of or in addition to such suspension or
 4  revocation, or in lieu of such refusal, or in connection with
 5  any administrative monetary penalty imposed under s. 626.681,
 6  place the offending licensee or appointee on probation for a
 7  period, not to exceed 2 years, as specified by the department
 8  or office in its order.
 9         (2)  As a condition to such probation or in connection
10  therewith, the department or office may specify in its order
11  reasonable terms and conditions to be fulfilled by the
12  probationer during the probation period. If during the
13  probation period the department or office has good cause to
14  believe that the probationer has violated a term or condition,
15  it shall suspend, revoke, or refuse to issue, renew, or
16  continue the license or appointment of the probationer, as
17  upon the original grounds referred to in subsection (1).
18         Section 52.  Section 626.692, Florida Statutes, is
19  amended to read:
20         626.692  Restitution.--If any ground exists for the
21  suspension, revocation, or refusal of a license or
22  appointment, the department or office may, in addition to any
23  other penalty authorized under this chapter, order the
24  licensee to pay restitution to any person who has been
25  deprived of money by the licensee's misappropriation,
26  conversion, or unlawful withholding of moneys belonging to
27  insurers, insureds, beneficiaries, or others.  In no instance
28  shall the amount of restitution required to be paid under this
29  section exceed the amount of money misappropriated, converted,
30  or unlawfully withheld. Nothing in this section limits or
31  
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    CS for CS for SB 2994                          First Engrossed
 1  restricts a person's right to seek other remedies as provided
 2  for by law.
 3         Section 53.  Section 626.8582, Florida Statutes, is
 4  amended to read:
 5         626.8582  "Nonresident public adjuster" defined.--A
 6  "nonresident public adjuster" is a person who:
 7         (1)  Is not a resident of this state;
 8         (2)  Is a currently licensed public adjuster in his or
 9  her state of residence for the type or kinds of insurance for
10  which the licensee intends to adjust claims in this state or,
11  if a resident of a state that does not license public
12  adjusters, has passed the department's office's adjuster
13  examination as prescribed in s. 626.8732(1)(b); and
14         (3)  Is a self-employed public adjuster or associated
15  with or employed by a public adjusting firm or other public
16  adjuster.
17         Section 54.  Section 626.8584, Florida Statutes, is
18  amended to read:
19         626.8584  "Nonresident independent adjuster"
20  defined.--A "nonresident independent adjuster" is a person
21  who:
22         (1)  Is not a resident of this state;
23         (2)  Is a currently licensed independent adjuster in
24  his or her state of residence for the type or kinds of
25  insurance for which the licensee intends to adjust claims in
26  this state or, if a resident of a state that does not license
27  independent adjusters, has passed the department's office's
28  adjuster examination as prescribed in s. 626.8734(1)(b); and
29         (3)  Is a self-employed independent adjuster or
30  associated with or employed by an independent adjusting firm
31  or other independent adjuster.
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 1         Section 55.  Section 626.859, Florida Statutes, is
 2  amended to read:
 3         626.859  "Catastrophe" or "emergency" adjuster
 4  defined.--A "catastrophe" or "emergency" adjuster is a person
 5  who is not a licensed adjuster under this part, but who has
 6  been designated and certified to the department office by
 7  insurers as qualified to adjust claims, losses, or damages
 8  under policies or contracts of insurance issued by such
 9  insurer, and whom the department office may license, in the
10  event of a catastrophe or emergency, for the purposes and
11  under the conditions which the department office shall fix and
12  for the period of the emergency as the department office shall
13  determine, to adjust claims, losses, or damages under the
14  policies of insurance issued by the insurers.
15         Section 56.  Subsection (2) of section 626.863, Florida
16  Statutes, is amended to read:
17         626.863  Licensed independent adjusters required;
18  insurers' responsibility.--
19         (2)  Before referring any claim or loss, the insurer
20  shall ascertain from the department office whether the
21  proposed independent adjuster is currently licensed and
22  appointed as such. Having once ascertained that a particular
23  person is so licensed and appointed, the insurer may assume
24  that he or she will continue to be so licensed and appointed
25  until the insurer has knowledge, or receives information from
26  the department office, to the contrary.
27         Section 57.  Section 626.865, Florida Statutes, is
28  amended to read:
29         626.865  Public adjuster's qualifications, bond.--
30         (1)  The department office shall issue a license to an
31  applicant for a public adjuster's license upon determining
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 1  that the applicant has paid the applicable fees specified in
 2  s. 624.501 and possesses the following qualifications:
 3         (a)  Is a natural person at least 18 years of age.
 4         (b)  Is a United States citizen or legal alien who
 5  possesses work authorization from the United States
 6  Immigration and Naturalization Service and a bona fide
 7  resident of this state.
 8         (c)  Is trustworthy and has such business reputation as
 9  would reasonably assure that the applicant will conduct his or
10  her business as insurance adjuster fairly and in good faith
11  and without detriment to the public.
12         (d)  Has had sufficient experience, training, or
13  instruction concerning the adjusting of damages or losses
14  under insurance contracts, other than life and annuity
15  contracts, is sufficiently informed as to the terms and
16  effects of the provisions of those types of insurance
17  contracts, and possesses adequate knowledge of the laws of
18  this state relating to such contracts as to enable and qualify
19  him or her to engage in the business of insurance adjuster
20  fairly and without injury to the public or any member thereof
21  with whom the applicant may have business as a public
22  adjuster.
23         (e)  Has passed any required written examination.
24         (2)  At the time of application for license as a public
25  adjuster, the applicant shall file with the department office
26  a bond executed and issued by a surety insurer authorized to
27  transact such business in this state, in the amount of
28  $50,000, conditioned for the faithful performance of his or
29  her duties as a public adjuster under the license applied for.
30  The bond shall be in favor of the department office and shall
31  specifically authorize recovery by the department office of
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 1  the damages sustained in case the licensee is guilty of fraud
 2  or unfair practices in connection with his or her business as
 3  public adjuster. The aggregate liability of the surety for all
 4  such damages shall in no event exceed the amount of the bond.
 5  Such bond shall not be terminated unless at least 30 days'
 6  written notice is given to the licensee and filed with the
 7  department office.
 8         Section 58.  Section 626.866, Florida Statutes, is
 9  amended to read:
10         626.866  Independent adjuster's qualifications.--The
11  department office shall issue a license to an applicant for an
12  independent adjuster's license upon determining that the
13  applicable license fee specified in s. 624.501 has been paid
14  and that the applicant possesses the following qualifications:
15         (1)  Is a natural person at least 18 years of age.
16         (2)  Is a United States citizen or legal alien who
17  possesses work authorization from the United States
18  Immigration and Naturalization Service and a bona fide
19  resident of this state.
20         (3)  Is trustworthy and has such business reputation as
21  would reasonably assure that the applicant will conduct his or
22  her business as insurance adjuster fairly and in good faith
23  and without detriment to the public.
24         (4)  Has had sufficient experience, training, or
25  instruction concerning the adjusting of damage or loss under
26  insurance contracts, other than life and annuity contracts, is
27  sufficiently informed as to the terms and the effects of the
28  provisions of such types of contracts, and possesses adequate
29  knowledge of the insurance laws of this state relating to such
30  contracts as to enable and qualify him or her to engage in the
31  business of insurance adjuster fairly and without injury to
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    CS for CS for SB 2994                          First Engrossed
 1  the public or any member thereof with whom he or she may have
 2  relations as an insurance adjuster and to adjust all claims in
 3  accordance with the policy or contract and the insurance laws
 4  of this state.
 5         (5)  Has passed any required written examination.
 6         Section 59.  Section 626.867, Florida Statutes, is
 7  amended to read:
 8         626.867  Company employee adjuster's
 9  qualifications.--The department office shall issue a license
10  to an applicant for a company employee adjuster's license upon
11  determining that the applicable license fee specified in s.
12  624.501 has been paid and that the applicant possesses the
13  following qualifications:
14         (1)  Is a natural person at least 18 years of age.
15         (2)  Is a United States citizen or legal alien who
16  possesses work authorization from the United States
17  Immigration and Naturalization Service and a bona fide
18  resident of this state.
19         (3)  Is trustworthy and has such business reputation as
20  would reasonably assure that the applicant will conduct his or
21  her business as insurance adjuster fairly and in good faith
22  and without detriment to the public.
23         (4)  Has had sufficient experience, training, or
24  instruction concerning the adjusting of damage or loss of
25  risks described in his or her application, is sufficiently
26  informed as to the terms and the effects of the provisions of
27  insurance contracts covering such risks, and possesses
28  adequate knowledge of the insurance laws of this state
29  relating to such insurance contracts as to enable and qualify
30  him or her to engage in such business as insurance adjuster
31  fairly and without injury to the public or any member thereof
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 1  with whom he or she may have relations as an insurance
 2  adjuster and to adjust all claims in accordance with the
 3  policy or contract and the insurance laws of this state.
 4         (5)  Has passed any required written examination.
 5         Section 60.  Paragraph (c) of subsection (4) of section
 6  626.869, Florida Statutes, is amended to read:
 7         626.869  License, adjusters.--
 8         (4)
 9         (c)  The department Financial Services Commission shall
10  adopt rules necessary to implement and administer the
11  continuing education requirements of this subsection.
12         Section 61.  Subsections (1), (3), (5), (6), and (7) of
13  section 626.8695, Florida Statutes, are amended to read:
14         626.8695  Primary adjuster.--
15         (1)  Each person operating an adjusting firm and each
16  location of a multiple location adjusting firm must designate
17  a primary adjuster for each such firm or location and must
18  file with the department office the name of such primary
19  adjuster and the address of the firm or location where he or
20  she is the primary adjuster, on a form approved by the
21  department commission. The designation of the primary adjuster
22  may be changed at the option of the adjusting firm. Any such
23  change is effective upon notification to the department
24  office. Notice of change must be sent to the department office
25  within 30 days after such change.
26         (3)  The department office may suspend or revoke the
27  license of the primary adjuster if the adjusting firm employs
28  any person who has had a license denied or any person whose
29  license is currently suspended or revoked. However, if a
30  person has been denied a license for failure to pass a
31  required examination, he or she may be employed to perform
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    CS for CS for SB 2994                          First Engrossed
 1  clerical or administrative functions for which licensure is
 2  not required.
 3         (5)  The department office may suspend or revoke the
 4  license of any adjuster who is employed by a person whose
 5  license is currently suspended or revoked.
 6         (6)  An adjusting firm location may not conduct the
 7  business of insurance unless a primary adjuster is designated.
 8  Failure of the person operating the adjusting firm to
 9  designate a primary adjuster for the firm, or for each
10  location, as applicable, on a form prescribed by the
11  department commission within 30 days after inception of the
12  firm or change of primary adjuster designation, constitutes
13  grounds for requiring the adjusting firm to obtain an
14  adjusting firm license pursuant to s. 626.8696.
15         (7)  Any adjusting firm may request, on a form
16  prescribed by the department commission, verification from the
17  department office of any person's current licensure status.
18  If a request is mailed to the office within 5 working days
19  after the date an adjuster is hired, and the department office
20  subsequently notifies the adjusting firm that an employee's
21  license is currently suspended, revoked, or has been denied,
22  the license of the primary adjuster shall not be revoked or
23  suspended if the unlicensed person is immediately dismissed
24  from employment as an adjuster with the firm.
25         Section 62.  Paragraph (e) of subsection (1) and
26  subsection (5) of section 626.8696, Florida Statutes, are
27  amended to read:
28         626.8696  Application for adjusting firm license.--
29         (1)  The application for an adjusting firm license must
30  include:
31  
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 1         (e)  Any additional information that which the
 2  department requires commission may require.
 3         (5)  An adjusting firm required to be licensed pursuant
 4  to s. 626.8695 must remain so licensed for a period of 3 years
 5  from the date of licensure, unless the license is suspended or
 6  revoked. The department office may suspend or revoke the
 7  adjusting firm's authority to do business for activities
 8  occurring during the time the firm is licensed, regardless of
 9  whether the licensing period has terminated.
10         Section 63.  Subsections (1), (2), and (3) of section
11  626.8697, Florida Statutes, are amended to read:
12         626.8697  Grounds for refusal, suspension, or
13  revocation of adjusting firm license.--
14         (1)  The department office shall deny, suspend, revoke,
15  or refuse to continue the license of any adjusting firm if it
16  finds, as to any adjusting firm or as to any majority owner,
17  partner, manager, director, officer, or other person who
18  manages or controls the firm, that any of the following
19  grounds exist:
20         (a)  Lack by the firm of one or more of the
21  qualifications for the license as specified in this code.
22         (b)  Material misstatement, misrepresentation, or fraud
23  in obtaining the license or in attempting to obtain the
24  license.
25         (2)  The department office may, in its discretion,
26  deny, suspend, revoke, or refuse to continue the license of
27  any adjusting firm if it finds that any of the following
28  applicable grounds exist with respect to the firm or any
29  owner, partner, manager, director, officer, or other person
30  who is otherwise involved in the operation of the firm:
31  
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 1         (a)  Any cause for which issuance of the license could
 2  have been refused had it then existed and been known to the
 3  department office.
 4         (b)  Violation of any provision of this code or of any
 5  other law applicable to the business of insurance.
 6         (c)  Violation of any order or rule of the office or
 7  commission.
 8         (d)  An owner, partner, manager, director, officer, or
 9  other person who manages or controls the firm having been
10  found guilty of or having pleaded guilty or nolo contendere to
11  a felony or a crime punishable by imprisonment of 1 year or
12  more under the laws of the United States or of any state or
13  under the laws of any other country, without regard to whether
14  adjudication was made or withheld by the court.
15         (e)  Failure to inform the department office in writing
16  within 30 days after a pleading by an owner, partner, manager,
17  director, officer, or other person managing or controlling the
18  firm of guilty or nolo contendere to, or being convicted or
19  found guilty of, any felony or a crime punishable by
20  imprisonment of 1 year or more under the laws of the United
21  States or of any state, or under the laws of any other
22  country, without regard to whether adjudication was made or
23  withheld by the court.
24         (f)  Knowingly aiding, assisting, procuring, advising,
25  or abetting any person in the violation of or to violate a
26  provision of the insurance code or any order or rule of the
27  department, office, or commission.
28         (g)  Knowingly employing any individual in a managerial
29  capacity or in a capacity dealing with the public who is under
30  an order of revocation or suspension issued by the department
31  office.
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 1         (h)  Committing any of the following acts with such a
 2  frequency as to have made the operation of the adjusting firm
 3  hazardous to the insurance-buying public or other persons:
 4         1.  Misappropriation, conversion, or unlawful or
 5  unreasonable withholding of moneys belonging to insurers or
 6  insureds or beneficiaries or claimants or to others and
 7  received in the conduct of business under the license.
 8         2.  Misrepresentation or deception with regard to the
 9  business of insurance, dissemination of information, or
10  advertising.
11         3.  Demonstrated lack of fitness or trustworthiness to
12  engage in the business of insurance adjusting arising out of
13  activities related to insurance adjusting or the adjusting
14  firm.
15         (i)  Failure to appoint a primary adjuster.
16         (3)  In lieu of discretionary refusal, suspension, or
17  revocation of an adjusting firm's license, the department
18  office may impose an administrative penalty of up to $1,000
19  for each violation or ground provided under this section, not
20  to exceed an aggregate amount of $10,000 for all violations or
21  grounds.
22         Section 64.  Section 626.8698, Florida Statutes, is
23  amended to read:
24         626.8698  Disciplinary guidelines for public
25  adjusters.--The department office may deny, suspend, or revoke
26  the license of a public adjuster, and administer a fine not to
27  exceed $5,000 per act, for any of the following:
28         (1)  Violating any provision of this chapter or a rule
29  or order of the office or commission;
30         (2)  Receiving payment or anything of value as a result
31  of an unfair or deceptive practice;
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 1         (3)  Receiving or accepting any fee, kickback, or other
 2  thing of value pursuant to any agreement or understanding,
 3  oral or otherwise; entering into a split-fee arrangement with
 4  another person who is not a public adjuster; or being
 5  otherwise paid or accepting payment for services that have not
 6  been performed;
 7         (4)  Violating s. 316.066 or s. 817.234;
 8         (5)  Soliciting or otherwise taking advantage of a
 9  person who is vulnerable, emotional, or otherwise upset as the
10  result of a trauma, accident, or other similar occurrence; or
11         (6)  Violating any ethical rule of the department
12  commission.
13         Section 65.  Subsections (2) and (3) of section
14  626.870, Florida Statutes, are amended to read:
15         626.870  Application for license.--
16         (2)  The department commission shall so prepare the
17  form of the application as to elicit and require from the
18  applicant the information necessary to enable the department
19  office to determine whether the applicant possesses the
20  qualifications prerequisite to issuance of the license to the
21  applicant.
22         (3)  The department commission may, in its discretion,
23  require that the application be supplemented by the
24  certificate or affidavit of such person or persons as it deems
25  necessary for its determination of the applicant's residence,
26  business reputation, and reputation for trustworthiness. The
27  department commission shall prescribe and the office may
28  furnish the forms for such certificates and affidavits.
29         Section 66.  Section 626.871, Florida Statutes, is
30  amended to read:
31  
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 1         626.871  Reappointment after military service.--The
 2  department office may, without requiring a further written
 3  examination, issue an appointment as an adjuster to a formerly
 4  licensed and appointed adjuster of this state who held a
 5  current adjuster's appointment at the time of entering service
 6  in the Armed Forces of the United States, subject to the
 7  following conditions:
 8         (1)  The period of military service must not have been
 9  in excess of 3 years;
10         (2)  The application for the appointment must be filed
11  with the department office and the applicable fee paid, within
12  12 months following the date of honorable discharge of the
13  applicant from the military service; and
14         (3)  The new appointment will be of the same type and
15  class as that currently effective at the time the applicant
16  entered military service; but, if such type and class of
17  appointment is not being currently issued under this code, the
18  new appointment shall be of that type and class or classes
19  most closely resembling those of the former appointment.
20         Section 67.  Subsections (1) and (5) of section
21  626.872, Florida Statutes, are amended to read:
22         626.872  Temporary license.--
23         (1)  The department office may, in its discretion,
24  issue a temporary license as an independent adjuster or as a
25  company employee adjuster, subject to the following
26  conditions:
27         (a)  The applicant must be an employee of an adjuster
28  currently licensed by the department office, an employee of an
29  authorized insurer, or an employee of an established adjusting
30  firm or corporation which is supervised by a currently
31  licensed independent adjuster.
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 1         (b)  The application must be accompanied by a
 2  certificate of employment and a report as to the applicant's
 3  integrity and moral character on a form prescribed by the
 4  department commission and executed by the employer.
 5         (c)  The applicant must be a natural person of at least
 6  18 years of age, must be a bona fide resident of this state,
 7  must be trustworthy, and must have such business reputation as
 8  would reasonably assure that the applicant will conduct his or
 9  her business as an adjuster fairly and in good faith and
10  without detriment to the public.
11         (d)  The applicant's employer is responsible for the
12  adjustment acts of any licensee under this section.
13         (e)  The applicable license fee specified must be paid
14  before issuance of the temporary license.
15         (f)  The temporary license shall be effective for a
16  period of 1 year, but subject to earlier termination at the
17  request of the employer, or if the licensee fails to take an
18  examination as an independent adjuster or company employee
19  adjuster within 6 months after issuance of the temporary
20  license, or if suspended or revoked by the department office.
21         (5)  The department office shall not issue a temporary
22  license as an independent adjuster or as a company employee
23  adjuster to any individual who has ever held such a license in
24  this state.
25         Section 68.  Subsection (1) of section 626.873, Florida
26  Statutes, is amended to read:
27         626.873  Nonresident company employee adjusters.--
28         (1)  The department office shall, upon application
29  therefor, issue a license to an applicant for a nonresident
30  adjuster's license upon determining that the applicant has
31  
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 1  paid the applicable license fees required under s. 624.501
 2  and:
 3         (a)  Is a currently licensed insurance adjuster in his
 4  or her home state, if such state requires a license.
 5         (b)  Is an employee of an insurer, or a wholly owned
 6  subsidiary of an insurer, admitted to do business in this
 7  state.
 8         (c)  Has filed a certificate or letter of authorization
 9  from the insurance department of his or her home state, if
10  such state requires an adjuster to be licensed, stating that
11  he or she holds a current license or authorization to adjust
12  insurance losses.  Such certificate or authorization must be
13  signed by the insurance commissioner, or his or her deputy, of
14  the adjuster's home state and must reflect whether or not the
15  adjuster has ever had his or her license or authorization in
16  the adjuster's home state suspended or revoked and, if such is
17  the case, the reason for such action.
18         Section 69.  Section 626.8732, Florida Statutes, is
19  amended to read:
20         626.8732  Nonresident public adjuster's qualifications,
21  bond.--
22         (1)  The department office shall, upon application
23  therefor, issue a license to an applicant for a nonresident
24  public adjuster's license upon determining that the applicant
25  has paid the applicable license fees required under s. 624.501
26  and:
27         (a)  Is a natural person at least 18 years of age.
28         (b)  Has passed to the satisfaction of the department
29  office a written Florida public adjuster's examination of the
30  scope prescribed in s. 626.241(6); however, the requirement
31  
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    CS for CS for SB 2994                          First Engrossed
 1  for such an examination does not apply to any of the
 2  following:
 3         1.  An applicant who is licensed as a resident public
 4  adjuster in his or her state of residence, when that state
 5  requires the passing of a written examination in order to
 6  obtain the license and a reciprocal agreement with the
 7  appropriate official of that state has been entered into by
 8  the department office; or
 9         2.  An applicant who is licensed as a nonresident
10  public adjuster in a state other than his or her state of
11  residence when the state of licensure requires the passing of
12  a written examination in order to obtain the license and a
13  reciprocal agreement with the appropriate official of the
14  state of licensure has been entered into by the department
15  office.
16         (c)  Is self-employed as a public adjuster or
17  associated with or employed by a public adjusting firm or
18  other public adjuster. Applicants licensed as nonresident
19  public adjusters under this section must be appointed as such
20  in accordance with the provisions of ss. 626.112 and 626.451.
21  Appointment fees in the amount specified in s. 624.501 must be
22  paid to the department office in advance. The appointment of a
23  nonresident public adjuster shall continue in force until
24  suspended, revoked, or otherwise terminated, but subject to
25  biennial renewal or continuation by the licensee in accordance
26  with procedures prescribed in s. 626.381 for licensees in
27  general.
28         (d)  Is trustworthy and has such business reputation as
29  would reasonably assure that he or she will conduct his or her
30  business as a nonresident public adjuster fairly and in good
31  faith and without detriment to the public.
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 1         (e)  Has had sufficient experience, training, or
 2  instruction concerning the adjusting of damages or losses
 3  under insurance contracts, other than life and annuity
 4  contracts; is sufficiently informed as to the terms and
 5  effects of the provisions of those types of insurance
 6  contracts; and possesses adequate knowledge of the laws of
 7  this state relating to such contracts as to enable and qualify
 8  him or her to engage in the business of insurance adjuster
 9  fairly and without injury to the public or any member thereof
10  with whom he or she may have business as a public adjuster.
11         (2)  The applicant shall furnish the following with his
12  or her application:
13         (a)  A complete set of his or her fingerprints. The
14  applicant's fingerprints must be certified by an authorized
15  law enforcement officer. The department office may not
16  authorize an applicant to take the required examination or
17  issue a nonresident public adjuster's license to the applicant
18  until the department office has received a report from the
19  Florida Department of Law Enforcement and the Federal Bureau
20  of Investigation relative to the existence or nonexistence of
21  a criminal history report based on the applicant's
22  fingerprints.
23         (b)  If currently licensed as a resident public
24  adjuster in the applicant's state of residence, a certificate
25  or letter of authorization from the licensing authority of the
26  applicant's state of residence, stating that the applicant
27  holds a current or comparable license to act as a public
28  adjuster. The certificate or letter of authorization must be
29  signed by the insurance commissioner or his or her deputy or
30  the appropriate licensing official and must disclose whether
31  the adjuster has ever had any license or eligibility to hold
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    CS for CS for SB 2994                          First Engrossed
 1  any license declined, denied, suspended, revoked, or placed on
 2  probation or whether an administrative fine or penalty has
 3  been levied against the adjuster and, if so, the reason for
 4  the action.
 5         (c)  If the applicant's state of residence does not
 6  require licensure as a public adjuster and the applicant has
 7  been licensed as a resident insurance adjuster, agent, broker,
 8  or other insurance representative in his or her state of
 9  residence or any other state within the past 3 years, a
10  certificate or letter of authorization from the licensing
11  authority stating that the applicant holds or has held a
12  license to act as such an insurance adjuster, agent, or other
13  insurance representative. The certificate or letter of
14  authorization must be signed by the insurance commissioner or
15  his or her deputy or the appropriate licensing official and
16  must disclose whether or not the adjuster, agent, or other
17  insurance representative has ever had any license or
18  eligibility to hold any license declined, denied, suspended,
19  revoked, or placed on probation or whether an administrative
20  fine or penalty has been levied against the adjuster and, if
21  so, the reason for the action.
22         (3)  At the time of application for license as a
23  nonresident public adjuster, the applicant shall file with the
24  department office a bond executed and issued by a surety
25  insurer authorized to transact surety business in this state,
26  in the amount of $50,000, conditioned for the faithful
27  performance of his or her duties as a nonresident public
28  adjuster under the license applied for. The bond must be in
29  favor of the department office and must specifically authorize
30  recovery by the department office of the damages sustained if
31  the licensee commits fraud or unfair practices in connection
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 1  with his or her business as nonresident public adjuster. The
 2  aggregate liability of the surety for all the damages may not
 3  exceed the amount of the bond. The bond may not be terminated
 4  unless at least 30 days' written notice is given to the
 5  licensee and filed with the department office.
 6         (4)  The usual and customary records pertaining to
 7  transactions under the license of a nonresident public
 8  adjuster must be retained for at least 3 years after
 9  completion of the adjustment and must be made available in
10  this state to the department office upon request. The failure
11  of a nonresident public adjuster to properly maintain records
12  and make them available to the department office upon request
13  constitutes grounds for the immediate suspension of the
14  license issued under this section.
15         (5)  After licensure as a nonresident public adjuster,
16  as a condition of doing business in this state, the licensee
17  must annually on or before January 1, on a form prescribed by
18  the department commission, submit an affidavit certifying that
19  the licensee is familiar with and understands the insurance
20  code and rules adopted thereunder and the provisions of the
21  contracts negotiated or to be negotiated. Compliance with this
22  filing requirement is a condition precedent to the issuance,
23  continuation, reinstatement, or renewal of a nonresident
24  public adjuster's appointment.
25         Section 70.  Subsections (1), (3), and (4) of section
26  626.8734, Florida Statutes, are amended to read:
27         626.8734  Nonresident independent adjuster's
28  qualifications.--
29         (1)  The department office shall, upon application
30  therefor, issue a license to an applicant for a nonresident
31  independent adjuster's license upon determining that the
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 1  applicant has paid the applicable license fees required under
 2  s. 624.501 and:
 3         (a)  Is a natural person at least 18 years of age.
 4         (b)  Has passed to the satisfaction of the department
 5  office a written Florida independent adjuster's examination of
 6  the scope prescribed in s. 626.241(6); however, the
 7  requirement for the examination does not apply to any of the
 8  following:
 9         1.  An applicant who is licensed as a resident
10  independent adjuster in his or her state of residence when
11  that state requires the passing of a written examination in
12  order to obtain the license and a reciprocal agreement with
13  the appropriate official of that state has been entered into
14  by the department office; or
15         2.  An applicant who is licensed as a nonresident
16  independent adjuster in a state other than his or her state of
17  residence when the state of licensure requires the passing of
18  a written examination in order to obtain the license and a
19  reciprocal agreement with the appropriate official of the
20  state of licensure has been entered into by the department
21  office.
22         (c)  Is self-employed or associated with or employed by
23  an independent adjusting firm or other independent adjuster.
24  Applicants licensed as nonresident independent adjusters under
25  this section must be appointed as such in accordance with the
26  provisions of ss. 626.112 and 626.451. Appointment fees in the
27  amount specified in s. 624.501 must be paid to the department
28  office in advance. The appointment of a nonresident
29  independent adjuster shall continue in force until suspended,
30  revoked, or otherwise terminated, but subject to biennial
31  
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 1  renewal or continuation by the licensee in accordance with
 2  procedures prescribed in s. 626.381 for licensees in general.
 3         (d)  Is trustworthy and has such business reputation as
 4  would reasonably assure that he or she will conduct his or her
 5  business as a nonresident independent adjuster fairly and in
 6  good faith and without detriment to the public.
 7         (e)  Has had sufficient experience, training, or
 8  instruction concerning the adjusting of damages or losses
 9  under insurance contracts, other than life and annuity
10  contracts; is sufficiently informed as to the terms and
11  effects of the provisions of those types of insurance
12  contracts; and possesses adequate knowledge of the laws of
13  this state relating to such contracts as to enable and qualify
14  him or her to engage in the business of insurance adjuster
15  fairly and without injury to the public or any member thereof
16  with whom he or she may have business as an independent
17  adjuster.
18         (3)  The usual and customary records pertaining to
19  transactions under the license of a nonresident independent
20  adjuster must be retained for at least 3 years after
21  completion of the adjustment and must be made available in
22  this state to the department office upon request. The failure
23  of a nonresident independent adjuster to properly maintain
24  records and make them available to the department office upon
25  request constitutes grounds for the immediate suspension of
26  the license issued under this section.
27         (4)  After licensure as a nonresident independent
28  adjuster, as a condition of doing business in this state, the
29  licensee must annually on or before January 1, on a form
30  prescribed by the department commission, submit an affidavit
31  certifying that the licensee is familiar with and understands
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 1  the insurance laws and administrative rules of this state and
 2  the provisions of the contracts negotiated or to be
 3  negotiated. Compliance with this filing requirement is a
 4  condition precedent to the issuance, continuation,
 5  reinstatement, or renewal of a nonresident independent
 6  adjuster's appointment.
 7         Section 71.  Subsection (4) of section 626.8736,
 8  Florida Statutes, is amended to read:
 9         626.8736  Nonresident independent or public adjusters;
10  service of process.--
11         (4)  Upon receiving the service, the Chief Financial
12  Officer shall forthwith send one of the copies of the process,
13  by registered mail with return receipt requested, to the
14  defendant nonresident independent or public adjuster at his or
15  her last address of record with the department office.
16         Section 72.  Section 626.8738, is amended to read:
17         626.8738  Penalty for violation.--In addition to any
18  other remedy imposed pursuant to this code, any person who
19  acts as a resident or nonresident public adjuster or holds
20  himself or herself out to be a public adjuster to adjust
21  claims in this state, without being licensed by the department
22  office as a public adjuster and appointed as a public
23  adjuster, commits a felony of the third degree, punishable as
24  provided in s. 775.082, s. 775.083, or s. 775.084. Each act in
25  violation of this section constitutes a separate offense.
26         Section 73.  Section 626.874, Florida Statutes, is
27  amended to read:
28         626.874  Catastrophe or emergency adjusters.--
29         (1)  In the event of a catastrophe or emergency, the
30  department office may issue a license, for the purposes and
31  under the conditions which it shall fix and for the period of
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    CS for CS for SB 2994                          First Engrossed
 1  emergency as it shall determine, to persons who are residents
 2  or nonresidents of this state, who are at least 18 years of
 3  age, who are United States citizens or legal aliens who
 4  possess work authorization from the United States Immigration
 5  and Naturalization Service, and who are not licensed adjusters
 6  under this part but who have been designated and certified to
 7  it as qualified to act as adjusters by independent resident
 8  adjusters or by an authorized insurer or by a licensed general
 9  lines agent to adjust claims, losses, or damages under
10  policies or contracts of insurance issued by such insurers.
11  The fee for the license shall be as provided in s.
12  624.501(12)(c).
13         (2)  If any person not a licensed adjuster who has been
14  permitted to adjust such losses, claims, or damages under the
15  conditions and circumstances set forth in subsection (1),
16  engages in any of the misconduct described in or contemplated
17  by ss. 626.611 and 626.621, the department office, without
18  notice and hearing, shall be authorized to issue its order
19  denying such person the privileges granted under this section;
20  and thereafter it shall be unlawful for any such person to
21  adjust any such losses, claims, or damages in this state.
22         Section 74.  Section 626.878, Florida Statutes, is
23  amended to read:
24         626.878  Rules; code of ethics.--An adjuster shall
25  subscribe to the code of ethics specified in the rules of the
26  department commission. The rules shall implement the
27  provisions of this part and specify the terms and conditions
28  of contracts, including a right to cancel, and require
29  practices necessary to ensure fair dealing, prohibit conflicts
30  of interest, and ensure preservation of the rights of the
31  claimant to participate in the adjustment of claims.
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 1         Section 75.  Section 627.7012, Florida Statutes, is
 2  transferred, renumbered as section 626.879, Florida Statutes,
 3  and amended to read:
 4         626.879627.7012  Pools of insurance adjusters.--The
 5  department commission may, by rule, establish a pool of
 6  qualified insurance adjusters. The rules must provide that, if
 7  a hurricane occurs or an emergency is declared, the department
 8  office may assign members of the pool to the affected area and
 9  that an insurer may request that a member of the pool adjust
10  claims in the assigned area. The rules may not require that an
11  insurer use those adjusters assigned by the department office.
12         Section 76.  Subsection (3) of section 626.9543,
13  Florida Statutes, is amended to read:
14         626.9543  Holocaust victims.--
15         (3)  DEFINITIONS.--For the purpose of this section:
16         (a)  "Department" means the Department of Insurance.
17         (a)(b)  "Holocaust victim" means any person who lost
18  his or her life or property as a result of discriminatory
19  laws, policies, or actions targeted against discrete groups of
20  persons between 1920 and 1945, inclusive, in Nazi Germany,
21  areas occupied by Nazi Germany, or countries allied with Nazi
22  Germany.
23         (b)(c)  "Insurance policy" means, but is not limited
24  to, life insurance, property insurance, or education policies.
25         (c)(d)  "Legal relationship" means any parent,
26  subsidiary, or affiliated company with an insurer doing
27  business in this state.
28         (d)(e)  "Proceeds" means the face or other payout value
29  of policies and annuities plus reasonable interest to date of
30  payments without diminution for wartime or immediate postwar
31  currency devaluation.
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 1         Section 77.  Paragraphs (c), (e), and (f) of subsection
 2  (9) of section 626.989, Florida Statutes, are amended to read:
 3         626.989  Investigation by department or Division of
 4  Insurance Fraud; compliance; immunity; confidential
 5  information; reports to division; division investigator's
 6  power of arrest.--
 7         (9)  In recognition of the complementary roles of
 8  investigating instances of workers' compensation fraud and
 9  enforcing compliance with the workers' compensation coverage
10  requirements under chapter 440, the Department of Financial
11  Services shall prepare and submit a joint performance report
12  to the President of the Senate and the Speaker of the House of
13  Representatives by November 1, 2003, and then by January 1 of
14  each year. The annual report must include, but need not be
15  limited to:
16         (c)  The number of investigations undertaken by the
17  Bureau of Workers' Compensation Insurance Fraud office which
18  were not the result of a referral from an insurer or the
19  Division of Workers' Compensation.
20         (e)  The number and reasons provided by local
21  prosecutors or the statewide prosecutor for declining
22  prosecution of a case presented by the Bureau of Workers'
23  Compensation Insurance Fraud office by circuit.
24         (f)  The total number of employees assigned to the
25  Bureau of Workers' Compensation Insurance Fraud office and the
26  Division of Workers' Compensation Bureau of Compliance unit
27  delineated by location of staff assigned; and the number and
28  location of employees assigned to the Bureau of Workers'
29  Compensation Insurance Fraud office who were assigned to work
30  other types of fraud cases.
31  
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 1         Section 78.  Subsection (4) is added to section
 2  626.99245, Florida Statutes, to read:
 3         626.99245  Conflict of regulation of viaticals.--
 4         (4)  The offer, sale, and purchase of viatical
 5  settlement contracts, and the regulation of viatical
 6  settlement providers shall be within the exclusive
 7  jurisdiction of the Office of Insurance Regulation under the
 8  provisions of part X of chapter 626.
 9         Section 79.  Subsection (2) of section 627.0628,
10  Florida Statutes, is amended to read:
11         627.0628  Florida Commission on Hurricane Loss
12  Projection Methodology.--
13         (2)  COMMISSION CREATED.--
14         (a)  There is created the Florida Commission on
15  Hurricane Loss Projection Methodology, which is assigned to
16  the State Board of Administration.  For the purposes of this
17  section, the term "commission" means the Florida Commission on
18  Hurricane Loss Projection Methodology. The commission shall be
19  administratively housed within the State Board of
20  Administration, but it shall independently exercise the powers
21  and duties specified in this section.
22         (b)  The commission shall consist of the following 11
23  members:
24         1.  The insurance consumer advocate.
25         2.  The senior employee of the State Board of
26  Administration responsible for operations of the Florida
27  Hurricane Catastrophe Fund.
28         3.  The Executive Director of the Citizens Property
29  Insurance Corporation.
30         4.  The Director of the Division of Emergency
31  Management of the Department of Community Affairs.
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 1         5.  The actuary member of the Florida Hurricane
 2  Catastrophe Fund Advisory Council.
 3         6.  An employee of the office who is an actuary
 4  responsible for property insurance rate filings and who is
 5  appointed by the director of the office.
 6         7.6.  Five Six members appointed by the Chief Financial
 7  Officer, as follows:
 8         a.  An employee of the office who is an actuary
 9  responsible for property insurance rate filings.
10         a.b.  An actuary who is employed full time by a
11  property and casualty insurer which was responsible for at
12  least 1 percent of the aggregate statewide direct written
13  premium for homeowner's insurance in the calendar year
14  preceding the member's appointment to the commission.
15         b.c.  An expert in insurance finance who is a full time
16  member of the faculty of the State University System and who
17  has a background in actuarial science.
18         c.d.  An expert in statistics who is a full time member
19  of the faculty of the State University System and who has a
20  background in insurance.
21         d.e.  An expert in computer system design who is a full
22  time member of the faculty of the State University System.
23         e.f.  An expert in meteorology who is a full time
24  member of the faculty of the State University System and who
25  specializes in hurricanes.
26         (c)  Members designated under subparagraphs (b)1.-5.
27  shall serve on the commission as long as they maintain the
28  respective offices designated in subparagraphs (b)1.-5. The
29  member appointed by the director of the office under
30  subparagraph (b)6. shall serve on the commission until the end
31  of the term of office of the director who appointed him or
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 1  her, unless removed earlier by the director for cause. Members
 2  appointed by the Chief Financial Officer under subparagraph
 3  (b)7. subparagraph (b)6. shall serve on the commission until
 4  the end of the term of office of the Chief Financial Officer
 5  who appointed them, unless earlier removed by the Chief
 6  Financial Officer for cause.  Vacancies on the commission
 7  shall be filled in the same manner as the original
 8  appointment.
 9         (d)  The State Board of Administration shall annually
10  appoint one of the members of the commission to serve as
11  chair.
12         (e)  Members of the commission shall serve without
13  compensation, but shall be reimbursed for per diem and travel
14  expenses pursuant to s. 112.061.
15         (f)  The State Board of Administration shall, as a cost
16  of administration of the Florida Hurricane Catastrophe Fund,
17  provide for travel, expenses, and staff support for the
18  commission.
19         (g)  There shall be no liability on the part of, and no
20  cause of action of any nature shall arise against, any member
21  of the commission, any member of the State Board of
22  Administration, or any employee of the State Board of
23  Administration for any action taken in the performance of
24  their duties under this section. In addition, the commission
25  may, in writing, waive any potential cause of action for
26  negligence of a consultant, contractor, or contract employee
27  engaged to assist the commission.
28         Section 80.  Paragraph (b) of subsection (11) of
29  section 627.6699, Florida Statutes, is amended to read:
30         627.6699  Employee Health Care Access Act.--
31         (11)  SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.--
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 1         (b)1.  The program shall operate subject to the
 2  supervision and control of the board.
 3         2.  Effective upon this act becoming a law, the board
 4  shall consist of the director of the office Chief Financial
 5  Officer or his or her designee, who shall serve as the
 6  chairperson, and 13 additional members who are representatives
 7  of carriers and insurance agents and are appointed by the
 8  director of the office Chief Financial Officer and serve as
 9  follows:
10         a.  The director of the office Chief Financial Officer
11  shall include representatives of small employer carriers
12  subject to assessment under this subsection.  If two or more
13  carriers elect to be risk-assuming carriers, the membership
14  must include at least two representatives of risk-assuming
15  carriers; if one carrier is risk-assuming, one member must be
16  a representative of such carrier.  At least one member must be
17  a carrier who is subject to the assessments, but is not a
18  small employer carrier.  Subject to such restrictions, at
19  least five members shall be selected from individuals
20  recommended by small employer carriers pursuant to procedures
21  provided by rule of the commission. Three members shall be
22  selected from a list of health insurance carriers that issue
23  individual health insurance policies. At least two of the
24  three members selected must be reinsuring carriers. Two
25  members shall be selected from a list of insurance agents who
26  are actively engaged in the sale of health insurance.
27         b.  A member appointed under this subparagraph shall
28  serve a term of 4 years and shall continue in office until the
29  member's successor takes office, except that, in order to
30  provide for staggered terms, the director of the office Chief
31  Financial Officer shall designate two of the initial
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 1  appointees under this subparagraph to serve terms of 2 years
 2  and shall designate three of the initial appointees under this
 3  subparagraph to serve terms of 3 years.
 4         3.  The director of the office Chief Financial Officer
 5  may remove a member for cause.
 6         4.  Vacancies on the board shall be filled in the same
 7  manner as the original appointment for the unexpired portion
 8  of the term.
 9         5.  The director of the office Chief Financial Officer
10  may require an entity that recommends persons for appointment
11  to submit additional lists of recommended appointees.
12         Section 81.  The transfer of the regulation of
13  adjusters from the Office of Insurance Regulation to the
14  Department of Financial Services by this act shall not affect
15  the regulation of adjusters in any administrative or judicial
16  action of the Office of Insurance Regulation arising out of or
17  involving the Office of Insurance Regulation before or pending
18  on the effective date of this act, and the Department of
19  Financial Services shall be substituted as a party in interest
20  on any such pending action.
21         Section 82.  Any license, form, or action that was
22  approved or authorized by the Financial Services Commission or
23  the Office of Insurance Regulation which was otherwise
24  lawfully in use before the effective date of this act may
25  continue to be used or be effective as originally authorized
26  or permitted, until the Department of Financial Services
27  otherwise prescribes.
28         Section 83.  Upon the effective date of this act, the
29  rules or portions thereof of the Financial Services Commission
30  which govern the regulation of insurance adjusters shall
31  become rules or portions thereof of the Department of
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 1  Financial Services as is appropriate to the corresponding
 2  regulatory or constitutional function and shall remain in
 3  effect until specifically amended or repealed in the manner
 4  provided by law.
 5         Section 84.  Subsection (10) is added to section
 6  494.0025, Florida Statutes, to read:
 7         494.0025  Prohibited practices.--It is unlawful for any
 8  person:
 9         (10)  To use the name or logo of a financial
10  institution, as defined in s. 655.005(1), or its affiliates or
11  subsidiaries when marketing or soliciting existing or
12  prospective customers if such marketing materials are used
13  without the written consent of the financial institution and
14  in a manner that would lead a reasonable person to believe
15  that the material or solicitation originated from, was
16  endorsed by, or is related to or the responsibility of the
17  financial institution or its affiliates or subsidiaries.
18         Section 85.  Paragraph (o) is added to subsection (1)
19  of section 516.07, Florida Statutes, to read:
20         516.07  Grounds for denial of license or for
21  disciplinary action.--
22         (1)  The following acts are violations of this chapter
23  and constitute grounds for denial of an application for a
24  license to make consumer finance loans and grounds for any of
25  the disciplinary actions specified in subsection (2):
26         (o)  Using the name or logo of a financial institution,
27  as defined in s. 655.005(1), or its affiliates or subsidiaries
28  when marketing or soliciting existing or prospective customers
29  if such marketing materials are used without the written
30  consent of the financial institution and in a manner that
31  would lead a reasonable person to believe that the material or
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    CS for CS for SB 2994                          First Engrossed
 1  solicitation originated from, was endorsed by, or is related
 2  to or the responsibility of the financial institution or its
 3  affiliates or subsidiaries.
 4         Section 86.  Paragraph (j) is added to subsection (1)
 5  of section 520.995, Florida Statutes, to read:
 6         520.995  Grounds for disciplinary action.--
 7         (1)  The following acts are violations of this chapter
 8  and constitute grounds for the disciplinary actions specified
 9  in subsection (2):
10         (j)  Using the name or logo of a financial institution,
11  as defined in s. 655.005(1), or its affiliates or subsidiaries
12  when marketing or soliciting existing or prospective customers
13  if such marketing materials are used without the written
14  consent of the financial institution and in a manner that
15  would lead a reasonable person to believe that the material or
16  solicitation originated from, was endorsed by, or is related
17  to or the responsibility of the financial institution or its
18  affiliates or subsidiaries.
19         Section 87.  Paragraph (bb) is added to subsection (1)
20  of section 626.9541, Florida Statutes, to read:
21         626.9541  Unfair methods of competition and unfair or
22  deceptive acts or practices defined.--
23         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR
24  DECEPTIVE ACTS.--The following are defined as unfair methods
25  of competition and unfair or deceptive acts or practices:
26         (bb)  Deceptive use of name.--Using the name or logo of
27  a financial institution, as defined in s. 655.005(1), or its
28  affiliates or subsidiaries when marketing or soliciting
29  existing or prospective customers if such marketing materials
30  are used without the written consent of the financial
31  institution and in a manner that would lead a reasonable
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    CS for CS for SB 2994                          First Engrossed
 1  person to believe that the material or solicitation originated
 2  from, was endorsed by, or is related to or the responsibility
 3  of the financial institution or its affiliates or
 4  subsidiaries.
 5         Section 88.  Paragraphs (h) and (p) of subsection (1)
 6  of section 655.005, Florida Statutes, are amended to read:
 7         655.005  Definitions.--
 8         (1)  As used in the financial institutions codes,
 9  unless the context otherwise requires, the term:
10         (h)  "Financial institution" means a state or federal
11  association, bank, savings bank, trust company, international
12  bank agency, international branch, representative office or
13  international administrative office, or credit union.
14         (p)  "State financial institution" means a
15  state-chartered or state-organized association, bank,
16  investment company, trust company, international bank agency,
17  international branch, international representative office,
18  international administrative office, or credit union.
19         Section 89.  Subsection (1) of section 655.0322,
20  Florida Statutes, is amended to read:
21         655.0322  Prohibited acts and practices; criminal
22  penalties.--
23         (1)  As used in this section, the term "financial
24  institution" means a financial institution as defined in s.
25  655.50 which includes a state trust company, state or national
26  bank, state or federal association, state or federal savings
27  bank, state or federal credit union, Edge Act or agreement
28  corporation, international bank agency, international branch,
29  representative office or administrative office or other
30  business entity as defined by the commission by rule, whether
31  organized under the laws of this state, the laws of another
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 1  state, or the laws of the United States, which institution is
 2  located in this state.
 3         Section 90.  Section 655.0385, Florida Statutes, is
 4  amended to read:
 5         655.0385  Disapproval of directors and executive
 6  officers.--
 7         (1)  Each state financial institution shall notify the
 8  office of the proposed appointment of any individual to the
 9  board of directors or the appointment or employment of any
10  individual as an executive officer or equivalent position at
11  least 60 days before such appointment or employment becomes
12  effective, if the state financial institution:
13         (a)  Has been chartered for less than 2 years;
14         (b)  Has undergone a change in control or conversion
15  within the preceding 2 years. The office may exempt a
16  financial institution from this paragraph if it operates in a
17  safe and sound manner;
18         (c)  Is not in compliance with the minimum capital
19  requirements applicable to such financial institution; or
20         (d)  Is otherwise operating in an unsafe and unsound
21  condition, as determined by the office, on the basis of such
22  financial institution's most recent report of condition or
23  report of examination.
24         (2)  A state financial institution may not appoint any
25  individual to the board of directors, or employ any individual
26  as an executive officer or equivalent position, if the office
27  issues a notice of disapproval with respect to that person.
28         (3)  The office shall issue a notice of disapproval if
29  the competence, experience, character, or integrity of the
30  individual to be appointed or employed indicates that it is
31  not in the best interests of the depositors, the members, or
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 1  the public to permit the individual to be employed by or
 2  associated with the state financial institution.
 3         (4)  Beginning 1 year after opening, each notification
 4  of a proposed appointment of an individual to the board of
 5  directors must be accompanied by a nonrefundable fee of $35.
 6         (5)(4)  The commission may adopt rules to implement
 7  this section.
 8         Section 91.  Subsection (3) of section 655.045, Florida
 9  Statutes, is amended to read:
10         655.045  Examinations, reports, and internal audits;
11  penalty.--
12         (3)(a)  The board of directors of each state financial
13  institution or, in the case of a credit union, the supervisory
14  committee or audit committee shall perform or cause to be
15  performed, within each calendar year, an internal audit of
16  each state financial institution, subsidiary, or service
17  corporation and to file a copy of the report and findings of
18  such audit with the office on a timely basis.  Such internal
19  audit must include such information as the commission by rule
20  requires for that type of institution.
21         (b)  With the approval of the office, the board of
22  directors or, in the case of a credit union, the supervisory
23  committee may elect, in lieu of such periodic audits, to adopt
24  and implement an adequate continuous audit system and
25  procedure which must include full, adequate, and continuous
26  written reports to, and review by, the board of directors or,
27  in the case of a credit union, the supervisory committee,
28  together with written statements of the actions taken thereon
29  and reasons for omissions to take actions, all of which shall
30  be noted in the minutes and filed among the records of the
31  board of directors or, in the case of a credit union, the
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 1  supervisory committee.  If at any time such continuous audit
 2  system and procedure, including the reports and statements,
 3  becomes inadequate, in the judgment of the office, the state
 4  financial institution shall promptly make such changes as may
 5  be required by the office to cause the same to accomplish the
 6  purpose of this section.
 7         (c)  Any de novo state financial institution open less
 8  than 4 months is exempt from the audit requirements of this
 9  section.
10         Section 92.  Subsection (1) of section 655.059, Florida
11  Statutes, is amended to read:
12         655.059  Access to books and records; confidentiality;
13  penalty for disclosure.--
14         (1)  The books and records of a financial institution
15  are confidential and shall be made available for inspection
16  and examination only:
17         (a)  To the office or its duly authorized
18  representative;
19         (b)  To any person duly authorized to act for the
20  financial institution;
21         (c)  To any federal or state instrumentality or agency
22  authorized to inspect or examine the books and records of an
23  insured financial institution;
24         (d)  With respect to an international banking
25  corporation, to the home-country supervisor of the
26  corporation, provided:
27         1.  The supervisor provides advance notice to the
28  office that the supervisor intends to examine the Florida
29  office of the corporation.
30  
31  
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 1         2.  The supervisor confirms to the office that the
 2  purpose of the examination is to ensure the safety and
 3  soundness of the corporation.
 4         3.  The books and records pertaining to customer
 5  deposit, investment, and custodial accounts are not disclosed
 6  to the supervisor.
 7         4.  At any time during the conduct of the examination,
 8  the office reserves the right to have an examiner present or
 9  to participate jointly in the examination.
10  
11  For purposes of this paragraph, "home-country supervisor"
12  means the governmental entity in the corporation's home
13  country with responsibility for the supervision and regulation
14  of the corporation;
15         (e)  As compelled by a court of competent jurisdiction,
16  pursuant to a subpoena issued pursuant to the Florida Rules of
17  Civil or Criminal Procedure or the Federal Rules of Civil
18  Procedure, or pursuant to a subpoena issued in accordance with
19  state or federal law. Prior to the production of the books and
20  records of a financial institution, the party seeking
21  production must reimburse the financial institution for the
22  reasonable costs and fees incurred in compliance with the
23  production. If the parties disagree regarding the amount of
24  reimbursement, the party seeking the records may request the
25  court or agency having jurisdiction to set the amount of
26  reimbursement;
27         (f)  As compelled by legislative subpoena as provided
28  by law, in which case the provisions of s. 655.057 apply;
29         (g)  Pursuant to a subpoena, to any federal or state
30  law enforcement or prosecutorial instrumentality authorized to
31  investigate suspected criminal activity;
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 1         (h)  As authorized by the board of directors of the
 2  financial institution; or
 3         (i)  As provided in subsection (2).
 4         Section 93.  Section 655.921, Florida Statutes, is
 5  amended to read:
 6         655.921  Transaction of business by out-of-state
 7  financial institutions; exempt transactions in the financial
 8  institutions codes.--
 9         (1)  Nothing in the financial institutions codes shall
10  be construed to prohibit a financial institution having its
11  principal place of business outside this state and not
12  operating branches in this state from:
13         (a)  Contracting in this state with any person to
14  acquire from such person a part, or the entire, interest in a
15  loan that such person proposes to make, has heretofore made,
16  or hereafter makes, together with a like interest in any
17  security instrument covering real or personal property in the
18  state proposed to be given or hereafter or heretofore given to
19  such person to secure or evidence such loan.
20         (b)  Entering into mortgage servicing contracts with
21  persons authorized to transact business in this state and
22  enforcing in this state the obligations heretofore or
23  hereafter acquired by it in the transaction of business
24  outside this state or in the transaction of any business
25  authorized by this section.
26         (c)  Acquiring, holding, leasing, mortgaging,
27  contracting with respect to, or otherwise protecting,
28  managing, or conveying property in this state which has
29  heretofore or may hereafter be assigned, transferred,
30  mortgaged, or conveyed to it as security for, or in whole or
31  in part in satisfaction of, a loan or loans made by it or
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 1  obligations acquired by it in the transaction of any business
 2  authorized by this section.
 3         (d)  Making loans or committing to make loans to any
 4  person located in this state and soliciting compensating
 5  deposit balances in connection therewith.
 6         (2)  No such financial institution shall be deemed to
 7  be transacting business in this state, or be required to
 8  qualify so to do, solely by reason of the performance of any
 9  of the acts or business authorized in this section. This
10  section does not authorize or permit any such financial
11  institution to maintain an office within the state.
12         Section 94.  Section 655.922, Florida Statutes, is
13  amended to read:
14         655.922  Banking business by unauthorized persons; use
15  of name.--
16         (1)  No person other than a financial institution
17  authorized to do business in this state pursuant to the
18  financial institutions codes of any state or federal law
19  shall, in this state, engage in the business of soliciting or
20  receiving funds for deposit or of issuing certificates of
21  deposit or of paying checks; and no person shall establish or
22  maintain a place of business in this state for any of the
23  functions, transactions, or purposes mentioned in this
24  subsection.  Any person who violates the provisions of this
25  subsection is guilty of a felony of the third degree,
26  punishable as provided in s. 775.082, s. 775.083, or s.
27  775.084.  This subsection does not prohibit the issuance or
28  sale by a financial institution of traveler's checks, money
29  orders, or other instruments for the transmission or payment
30  of money, by or through employees or agents of the financial
31  institution off the financial institution's premises.
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 1         (2)  No person other than a financial institution
 2  shall, in this state:
 3         (a)  Transact business under any name or title that
 4  contains the words "bank," "banco," "banque," "banker,"
 5  "banking," "trust company," "savings and loan association,"
 6  "savings bank," or "credit union," or words of similar import,
 7  in any context or in any manner;
 8         (b)  Use any name, word, sign, symbol, or device in any
 9  context or in any manner; or
10         (c)  Circulate or use any letterhead, billhead,
11  circular, paper, or writing of any kind or otherwise advertise
12  or represent in any manner,
13  
14  which indicates or reasonably implies that the business being
15  conducted or advertised is the kind or character of business
16  transacted or conducted by a financial institution or which is
17  likely to lead any person to believe that such business is
18  that of a financial institution; however, the words "bank,"
19  "banker," "banking," "trust company," "savings and loan
20  association," "savings bank," or "credit union," or the plural
21  of any thereof, may be used by, and in the corporate or other
22  name or title of, any company which is or becomes a financial
23  institution holding company pursuant to federal law; any
24  subsidiary of any such financial institution holding company
25  which includes as a part of its name or title all or any part,
26  or abbreviations, of the name or title of the financial
27  institution holding company of which it is a subsidiary; any
28  trade organization or association, whether or not
29  incorporated, functioning for the purpose of promoting the
30  interests of financial institutions or financial institution
31  holding companies, the active members of which are financial
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    CS for CS for SB 2994                          First Engrossed
 1  institutions or financial institution holding companies; and
 2  any international development bank chartered pursuant to part
 3  II of chapter 663.
 4         (3)  No person may use the name or logo of any
 5  financial institution or an affiliate or subsidiary thereof,
 6  or use a name similar to that of a financial institution or an
 7  affiliate or subsidiary thereof, to market or solicit business
 8  from a customer or prospective customer of such institution
 9  if:
10         (a)  The solicitation is done without the written
11  consent of the financial institution or its affiliate or
12  subsidiary; and
13         (b)  A reasonable person would believe that the
14  materials originated from, are endorsed by, or are connected
15  with the financial institution or its affiliates or
16  subsidiaries.
17         (4)(3)  Any court, in a proceeding brought by the
18  office, by any financial institution the principal place of
19  business of which is in this state, or by any other person
20  residing, or whose principal place of business is located, in
21  this state and whose interests are substantially affected
22  thereby, may enjoin any person from violating any of the
23  provisions of this section.  For the purposes of this
24  subsection, the interests of a trade organization or
25  association are deemed to be substantially affected if the
26  interests of any of its members are so affected. In addition,
27  the office may issue and serve upon any person who violates
28  any of the provisions of this section a complaint seeking a
29  cease and desist order in accordance with the procedures and
30  in the manner prescribed by s. 655.033.
31  
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 1         (5)(4)  Nothing in this section shall be construed to
 2  prohibit the lawful establishment or the lawful operations of
 3  a financial institution and nothing in this code shall be
 4  construed to prohibit any advertisement or other activity in
 5  this state by any person if such prohibition would contravene
 6  any applicable federal law which preempts the law of this
 7  state.
 8         (6)  The commission shall adopt rules to administer
 9  this section.
10         Section 95.  Subsection (1) of section 655.94, Florida
11  Statutes, is amended to read:
12         655.94  Special remedies for nonpayment of rent.--
13         (1)  If the rental due on a safe-deposit box has not
14  been paid for 3 months, the lessor may send a notice by
15  certified registered mail to the last known address of the
16  lessee stating that the safe-deposit box will be opened and
17  its contents stored at the expense of the lessee unless
18  payment of the rental is made within 30 days.  If the rental
19  is not paid within 30 days from the mailing of the notice, the
20  box may be opened in the presence of an officer of the lessor
21  and of a notary public who is not a director, officer,
22  employee, or stockholder of the lessor.  The contents shall be
23  sealed in a package by a notary public who shall write on the
24  outside the name of the lessee and the date of the opening.
25  The notary public shall execute a certificate reciting the
26  name of the lessee, the date of the opening of the box, and a
27  list of its contents.  The certificate shall be included in
28  the package, and a copy of the certificate shall be sent by
29  certified registered mail to the last known address of the
30  lessee.  The package shall then be placed in the general
31  vaults of the lessor at a rental not exceeding the rental
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 1  previously charged for the box.  The lessor has a lien on the
 2  package and its contents to the extent of any rental due and
 3  owing plus the actual, reasonable costs of removing the
 4  contents from the safe-deposit box.
 5         Section 96.  Section 658.16, Florida Statutes, is
 6  amended to read:
 7         658.16  Creation of banking or trust corporation.--
 8         (1)  When authorized by the office, as provided herein,
 9  a corporation may be formed under the laws of this state for
10  the purpose of becoming a state bank or a state trust company
11  and conducting a general banking or trust business.
12         (2)  A bank or trust company that is chartered as a
13  limited liability company under the law of any state is deemed
14  to be incorporated under the financial institutions codes if:
15         (a)  The institution is not subject to automatic
16  termination, dissolution, or suspension upon the occurrence of
17  an event including the death, disability, bankruptcy,
18  expulsion, or withdrawal of an owner of the institution, other
19  than the passage of time;
20         (b)  The exclusive authority to manage the institution
21  is vested in a board of managers or directors that is elected
22  or appointed by the owners which operates in substantially the
23  same manner as, and has substantially the same rights, powers,
24  privileges, duties, and responsibilities, as a board of
25  directors of a bank or trust company chartered as a
26  corporation; and
27         (c)  Neither the laws of the state of the institution's
28  organization nor the institution's operating agreement,
29  bylaws, or other organizational documents:
30  
31  
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 1         1.  Provide that an owner of the institution is liable
 2  for the debts, liabilities, or obligations of the institution
 3  in excess of the amount of the owner's investment; or
 4         2.  Require the consent of any other owner of the
 5  institution in order for an owner to transfer an ownership
 6  interest in the institution, including voting rights.
 7         (3)  As used in the financial institutions codes, the
 8  term:
 9         (a)  "Stockholder" or "shareholder" includes an owner
10  of any interest in a bank or trust company chartered as a
11  limited liability company, including a member or participant;
12         (b)  "Director" includes a manager or director of a
13  bank or trust company chartered as a limited liability
14  company, or other person who has, with respect to such a bank
15  or trust company, authority substantially similar to that of a
16  director of a corporation;
17         (c)  "Officer" includes an officer of a bank or trust
18  company chartered as a limited liability company, or other
19  person who has, with respect to such a bank or trust company,
20  authority substantially similar to that of an officer of a
21  corporation;
22         (d)  "Stock," "voting stock," "voting shares," and
23  "voting securities" includes similar ownership interests in a
24  bank or trust company chartered as a limited liability
25  company, including certificates or other evidence of ownership
26  interests;
27         (e)  "Articles of incorporation" or "bylaws" of a bank
28  or trust company chartered as a limited liability company
29  means the institution's articles of organization and operating
30  agreement or other organizational documentation that is
31  substantially similar to that of a corporation;
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 1         (f)  "Par value" of any ownership interest in a bank or
 2  trust company chartered as a limited liability company means
 3  the amount of capital which must be invested for each unit of
 4  ownership; and
 5         (g)  "Dividend" includes distributions of earnings to
 6  the owners of a bank or trust company chartered as a limited
 7  liability company.
 8         Section 97.  Subsection (5) of section 658.23, Florida
 9  Statutes, is amended to read:
10         658.23  Submission of articles of incorporation;
11  contents; form; approval; filing; commencement of corporate
12  existence; bylaws.--
13         (5)  Unless the articles of incorporation provide
14  otherwise, the board of directors shall have authority to
15  adopt or amend bylaws that do not conflict with bylaws that
16  may have been adopted by the stockholders.  The bylaws shall
17  be for the governance government of the bank or trust company,
18  subordinate only to the articles of incorporation and the laws
19  of the United States and of this state. A current copy of the
20  bylaws shall be filed with the office at all times.
21         Section 98.  Section 658.26, Florida Statutes, is
22  amended to read:
23         658.26  Places of transacting business; branches;
24  facilities.--
25         (1)  Any bank or trust company heretofore or hereafter
26  incorporated pursuant to this chapter shall have one main
27  office, which shall be located within the state.
28         (2)(a)  In addition, with the approval of the office
29  and upon such conditions as the commission or office
30  prescribes, any state bank or trust company may establish
31  branches or relocate offices within or outside the state. With
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 1  the approval of the office upon a determination that the
 2  resulting bank or trust company will be of sound financial
 3  condition, any bank or trust company incorporated pursuant to
 4  this chapter may establish branches by merger with any other
 5  bank or trust company.
 6         (b)  As provided by commission rules, a financial
 7  institution operating in a safe and sound manner may establish
 8  or relocate an office by filing a written notice with the
 9  office at least 30 days before opening or relocating that
10  office, without filing an application or paying an application
11  fee. The notification must specify the name and location of
12  the office and effective date of the change. The relocation of
13  a main office to a location outside this state must be by
14  application only.
15         (c)  Applications filed pursuant to this subsection
16  need not be published in the Florida Administrative Weekly,
17  but shall otherwise be subject to chapter 120.
18         (d)(b)  An application to establish for a branch by a
19  bank that is ineligible does not meet the requirements for the
20  branch notification process shall be in writing in such form
21  as the commission prescribes and be supported by such
22  information, data, and records as the commission or office may
23  require to make findings necessary for approval. Applications
24  filed pursuant to this subsection shall not be published in
25  the Florida Administrative Weekly but shall otherwise be
26  subject to the provisions of chapter 120. Upon the filing of
27  an application and a nonrefundable filing fee for the
28  establishment of any branch permitted by paragraph (a), the
29  office shall make an investigation with respect to compliance
30  with the requirements of paragraph (a) and shall investigate
31  
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 1  and consider all factors relevant to such requirements,
 2  including the following:
 3         1.  The sufficiency of capital accounts in relation to
 4  the deposit liabilities of the bank, or in relation to the
 5  number and valuation of fiduciary accounts of the trust
 6  company, including the proposed branch, and the additional
 7  fixed assets, if any, which are proposed for the branch and
 8  its operations, without undue risk to the bank or its
 9  depositors, or undue risk to the trust company or its
10  fiduciary accounts;
11         2.  The sufficiency of earnings and earning prospects
12  of the bank or trust company to support the anticipated
13  expenses and any anticipated operating losses of the branch
14  during its formative or initial years;
15         3.  The sufficiency and quality of management available
16  to operate the branch;
17         4.  The name of the proposed branch to determine if it
18  reasonably identifies the branch as a branch of the main
19  office and is not likely to unduly confuse the public; and
20         5.  Substantial compliance by the applicants with
21  applicable law governing their operations.
22         (e)(c)  A state bank that is not eligible for
23  notification of a branch relocation must file an application
24  in the form required by the commission. Upon the filing of a
25  relocation application and a nonrefundable filing fee, the
26  office shall investigate to determine whether the financial
27  institution has substantially complied with applicable law
28  governing its operations. Additional investments in land,
29  buildings, leases, and leasehold improvements resulting from
30  such relocation must comply with the limitations imposed by s.
31  658.67(7)(a). A main office may not be moved outside this
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 1  state unless the move is expressly authorized by the financial
 2  institutions codes or by federal law. A financial institution
 3  that has been in operation for less than 24 months must
 4  provide evidence that the criteria of s. 658.21(1) will be
 5  met. As provided by commission rule, a financial institution
 6  operating in a safe and sound manner may establish a branch by
 7  filing a written notice with the office at least 30 days
 8  before opening that branch. In such case, the financial
 9  institution need not file a branch application or pay a branch
10  application fee.
11         (3)(a)  An office in this state may be relocated with
12  prior written approval of the office. An application for
13  relocation shall be in writing in such form as the commission
14  prescribes and shall be supported by such information, data,
15  and records as the commission or office may require to make
16  findings necessary for approval.
17         (b)  Applications filed pursuant to this subsection
18  shall not be published in the Florida Administrative Weekly
19  but shall otherwise be subject to the provisions of chapter
20  120. Upon the filing of a relocation application and a
21  nonrefundable filing fee, the office shall investigate to
22  determine substantial compliance by the financial institution
23  with applicable law governing its operations. Additional
24  investments in land, buildings, leases, and leasehold
25  improvements resulting from such relocation shall comply with
26  the limitations imposed by s. 658.67(7)(a). A main office may
27  not be moved outside this state unless expressly authorized by
28  the financial institutions codes or by federal law.
29         (c)  A relocation application filed by a state bank or
30  trust company that is operating in a safe and sound manner
31  which is not denied within 10 working days after receipt shall
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    CS for CS for SB 2994                          First Engrossed
 1  be deemed approved unless the office notifies the financial
 2  institution in writing that the application was not complete.
 3         (d)  In addition to the application required by
 4  paragraph (a), a financial institution whose main office in
 5  this state has been in operation less than 24 months must
 6  provide evidence that the criteria of s. 658.21(1) will be
 7  met.
 8         (f)(e)  A branch office may be closed with 30 days'
 9  prior written notice to the office. The notice shall include
10  any information the commission prescribes by rule.
11         (3)(4)  With prior written notification to the office,
12  any bank may operate facilities which are not physically
13  connected to the main or branch office of the bank, provided
14  that the facilities are situated on the property of the main
15  or branch office or property contiguous thereto. Property
16  which is separated from the main or branch office of a bank by
17  only a street, and one or more walkways and alleyways are
18  determined to be, for purposes of this subsection, contiguous
19  to the property of the main or branch office.
20         (4)(5)  A bank may provide, directly or through a
21  contract with another company, off-premises armored car
22  service to its customers. Armored car services shall not be
23  considered a branch for the purposes of subsection (2).
24         (5)(6)(a)  Any state bank that is a subsidiary of a
25  bank holding company may agree to receive deposits, renew time
26  deposits, close loans, service loans, and receive payments on
27  loans and other obligations, as an agent for an affiliated
28  depository institution.
29         (b)  The term "close loan" does not include the making
30  of a decision to extend credit or the extension of credit.
31  
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 1         (c)  As used in this section, "receive deposits" means
 2  the taking of deposits to be credited to an existing account
 3  and does not include the opening or origination of new deposit
 4  accounts at an affiliated institution by the agent
 5  institution.
 6         (d)  Under this section, affiliated banks may act as
 7  agents for one another regardless of whether the institutions
 8  are located in the same or different states. This section
 9  applies solely to affiliated depository institutions acting as
10  agents, and has no application to agency relationships
11  concerning nondepositories as agent, whether or not affiliated
12  with the depository institution.
13         (e)  In addition, under this section, agent banks may
14  perform ministerial functions for the principal bank making a
15  loan. Ministerial functions include, but are not limited to,
16  such activities as providing loan applications, assembling
17  documents, providing a location for returning documents
18  necessary for making the loan, providing loan account
19  information, and receiving payments. It does not include such
20  loan functions as evaluating applications or disbursing loan
21  funds.
22         Section 99.  Subsection (5) of section 658.33, Florida
23  Statutes, is amended to read:
24         658.33  Directors, number, qualifications; officers.--
25         (5)  The president, or chief executive officer, or any
26  other person, regardless of title, who has equivalent rank or
27  leads the overall operations of a bank or trust company must
28  have had at least 1 year of direct experience as an executive
29  officer, director, or regulator of a financial institution
30  within the last 3 years. This requirement may be waived by the
31  office after considering the overall experience and expertise
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 1  of the proposed officer and the condition of the bank or trust
 2  company, as reflected in the most recent regulatory
 3  examination report and other available data.
 4         Section 100.  Section 658.37, Florida Statutes, is
 5  amended to read:
 6         658.37  Dividends and surplus.--
 7         (1)  The directors of any bank or trust company, after
 8  charging off bad debts, depreciation, and other worthless
 9  assets if any, and making provision for reasonably anticipated
10  future losses on loans and other assets, may quarterly,
11  semiannually, or annually declare a dividend of so much of the
12  aggregate of the net profits of that period combined with its
13  retained net profits of the preceding 2 years as they shall
14  judge expedient, and, with the approval of the office, any
15  bank or trust company may declare a dividend from retained net
16  profits which accrued prior to the preceding 2 years, but each
17  bank or trust company shall, before the declaration of a
18  dividend on its common stock, carry 20 percent of its net
19  profits for such preceding period as is covered by the
20  dividend to its surplus fund, until the same shall at least
21  equal the amount of its common and preferred stock then issued
22  and outstanding. No bank or trust company shall declare any
23  dividend at any time at which its net income from the current
24  year combined with the retained net income from the preceding
25  2 years is a loss or which would cause the capital accounts of
26  the bank or trust company to fall below the minimum amount
27  required by law, regulation, order, or any written agreement
28  with the office or a state or federal regulatory agency. A
29  bank or trust company may, however, split up or divide the
30  issued shares of capital stock into a greater number of shares
31  without increasing or decreasing the capital accounts of the
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 1  bank or trust company, and such shall not be construed to be a
 2  dividend within the meaning of this section.
 3         (2)  A bank that has been determined to be imminently
 4  insolvent may not pay a dividend.
 5         Section 101.  Present subsection (10) of section
 6  658.48, Florida Statutes, is redesignated as subsection (11),
 7  and a new subsection (10) is added to that section, to read:
 8         658.48  Loans.--A state bank may make loans and
 9  extensions of credit, with or without security, subject to the
10  following limitations and provisions:
11         (10)  IMMINENTLY INSOLVENT BANK.--When the office has
12  determined that a state bank is imminently insolvent, the bank
13  may not make any new loans or discounts other than by
14  discounting or purchasing bills of exchange payable at sight.
15         Section 102.  Paragraph (a) of subsection (9) of
16  section 658.67, Florida Statutes, is amended to read:
17         658.67  Investment powers and limitations.--A bank may
18  invest its funds, and a trust company may invest its corporate
19  funds, subject to the following definitions, restrictions, and
20  limitations:
21         (9)  ACQUISITIONS OF PROPERTY AS SECURITY.--A bank or
22  trust company may acquire property of any kind to secure,
23  protect, or satisfy a loan or investment previously made in
24  good faith, and such property shall be entered on the books of
25  the bank or trust company and held and disposed of subject to
26  the following conditions and limitations:
27         (a)  The book entry shall be the lesser of the balance
28  of the loan or investment plus acquisition costs and accrued
29  interest or the appraisal value or market value of the
30  property acquired which shall be determined and dated within 1
31  
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 1  year prior to or 90 days after the date of acquisition and in
 2  compliance with s. 655.60.
 3         Section 103.  Subsection (4) of section 658.73, Florida
 4  Statutes, is amended to read:
 5         658.73  Fees and assessments.--
 6         (4)  Any individual or entity other than a financial
 7  institution chartered in this state must Each state bank and
 8  state trust company shall pay to the office $25 for each
 9  "certificate of good standing" certifying that a
10  state-chartered financial institution is licensed to conduct
11  business in this state under the financial institutions codes.
12  All such requests shall be in writing. The office shall waive
13  this fee when the request is by a state or federal regulatory
14  agency or law enforcement agency.
15         Section 104.  Subsections (4) and (7) of section
16  663.16, Florida Statutes, are amended to read:
17         663.16  Definitions; ss. 663.17-663.181.--As used in
18  ss. 663.17-663.181, the term:
19         (4)  Except where the context otherwise requires,
20  "international banking corporation" or "corporation" means any
21  international bank agency or branch operating in this state.
22         (7)  "Control" means any person or group of persons
23  acting in concert, directly or indirectly, owning,
24  controlling, or holding the power to vote 25 more than 50
25  percent or more of the voting stock of a company, or having
26  the ability in any manner to elect a majority of directors of
27  a corporation, or otherwise exercising a controlling influence
28  over the management and policies of a corporation as
29  determined by the office.
30         Section 105.  Subsection (1) of section 663.304,
31  Florida Statutes, is amended to read:
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 1         663.304  Application for authority to organize an
 2  international development bank.--
 3         (1)  A written application for authority to organize an
 4  international development bank shall be filed with the office
 5  by the proposed incorporator and shall include:
 6         (a)  The name, residence, and occupation of each
 7  incorporator and proposed director.
 8         (b)  The proposed corporate name and evidence of
 9  reservation of the proposed corporate name with the Department
10  of State.
11         (b)(c)  The total initial capital and the number of
12  shares of capital stock to be authorized.
13         (c)(d)  The location, by street and post-office address
14  and county, of the principal office of the proposed
15  international development bank.
16         (d)(e)  If known, the name and residence of the
17  proposed president and the proposed chief executive officer,
18  if other than the proposed president.
19         (e)(f)  Such detailed financial, business, and
20  biographical information as the commission or office may
21  reasonably require for each proposed director and for the
22  proposed president and the proposed chief executive officer,
23  if other than the president.
24         Section 106.  Paragraph (a) of subsection (4) of
25  section 665.034, Florida Statutes, is amended to read:
26         665.034  Acquisition of assets of or control over an
27  association.--
28         (4)  For purposes of this section, a person or group of
29  persons shall be deemed to have control of an association if
30  such person or group of persons:
31  
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 1         (a)  Directly or indirectly, or acting in concert with
 2  one or more persons or through one or more subsidiaries, owns,
 3  controls, holds with powers to vote, or holds proxies
 4  representing more than 25 percent or more of the voting common
 5  stock of such association.
 6         Section 107.  Subsections (2) and (6) of section
 7  674.406, Florida Statutes, are amended to read:
 8         674.406  Customer's duty to discover and report
 9  unauthorized signature or alteration.--
10         (2)  If the items are not returned to the customer, the
11  person retaining the items shall either retain the items or,
12  if the items are destroyed, maintain the capacity to furnish
13  legible copies of the items until the expiration of 5 7 years
14  after receipt of the items. A customer may request an item
15  from the bank that paid the item, and that bank must provide
16  in a reasonable time either the item or, if the item has been
17  destroyed or is not otherwise obtainable, a legible copy of
18  the item.
19         (6)  Without regard to care or lack of care of either
20  the customer or the bank, a customer who does not within 180
21  days 1 year after the statement or items are made available to
22  the customer (subsection (1)) discover and report the
23  customer's unauthorized signature on or any alteration on the
24  item or who does not, within 1 year after that time, discover,
25  and report any unauthorized endorsement is precluded from
26  asserting against the bank the unauthorized signature or
27  alteration.  If there is a preclusion under this subsection,
28  the payor bank may not recover for breach of warranty under s.
29  674.2081 with respect to the unauthorized signature or
30  alteration to which the preclusion applies.
31  
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 1         Section 108.  Section 658.68, Florida Statutes, is
 2  repealed.
 3         Section 109.  Subsection (4) is added to section
 4  627.4133, Florida Statutes, to read:
 5         627.4133  Notice of cancellation, nonrenewal, or
 6  renewal premium.--
 7         (4)  Notwithstanding the provisions of s. 440.42(3), if
 8  cancellation of a policy providing coverage for workers'
 9  compensation and employer's liability insurance is requested
10  by the insured, such cancellation shall be effective on the
11  date the carrier sends the notice of cancellation to the
12  insured.
13         Section 110.  Subsection (15) of section 717.101,
14  Florida Statutes, is renumbered as subsection (16) and
15  amended, subsections (5) through (18) are renumbered as
16  subsections (6) through (19), respectively, present subsection
17  (19) is renumbered as subsection (21), and new subsections (5)
18  and (20) are added to that section, to read:
19         717.101  Definitions.--As used in this chapter, unless
20  the context otherwise requires:
21         (5)  "Claimant" means the person on whose behalf a
22  claim is filed.
23         (16)(15)  "Owner" means a depositor in the case of a
24  deposit, a beneficiary in case of a trust or other than a
25  deposit in trust, a claimant, or a payee in the case of other
26  intangible property, or a person having a legal or equitable
27  interest in property subject to this chapter or his or her
28  legal representative.
29         (20)  "Ultimate equitable owner" means a natural person
30  who, directly or indirectly, owns or controls an ownership
31  interest in a corporation, a foreign corporation, an alien
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 1  business organization, or any other form of business
 2  organization, regardless of whether such natural person owns
 3  or controls such ownership interest through one or more
 4  natural persons or one or more proxies, powers of attorney,
 5  nominees, corporations, associations, partnerships, trusts,
 6  joint stock companies, or other entities or devices, or any
 7  combination thereof.
 8         Section 111.  Subsection (1) of section 717.106,
 9  Florida Statutes, are amended to read:
10         717.106  Bank deposits and funds in financial
11  organizations.--
12         (1)  Any demand, savings, or matured time deposit with
13  a banking or financial organization, including deposits that
14  are automatically renewable, and any funds paid toward the
15  purchase of shares, a mutual investment certificate, or any
16  other interest in a banking or financial organization is
17  presumed unclaimed unless the owner has, within 5 years:
18         (a)  Increased or decreased the amount of the deposit
19  or presented the passbook or other similar evidence of the
20  deposit for the crediting of interest;
21         (b)  Communicated in writing or by telephone with the
22  banking or financial organization concerning the property;
23         (c)  Otherwise indicated an interest in the property as
24  evidenced by a memorandum or other record on file with the
25  banking or financial organization;
26         (d)  Owned other property to which paragraph (a),
27  paragraph (b), or paragraph (c) is applicable and if the
28  banking or financial organization communicates in writing with
29  the owner with regard to the property that would otherwise be
30  presumed unclaimed under this subsection at the address to
31  
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 1  which communications regarding the other property regularly
 2  are sent; or
 3         (e)  Had another relationship with the banking or
 4  financial organization concerning which the owner has:
 5         1.  Communicated in writing with the banking or
 6  financial organization; or
 7         2.  Otherwise indicated an interest as evidenced by a
 8  memorandum or other record on file with the banking or
 9  financial organization and if the banking or financial
10  organization communicates in writing with the owner with
11  regard to the property that would otherwise be unclaimed under
12  this subsection at the address to which communications
13  regarding the other relationship regularly are sent; or
14         (f)  Received first-class mail from the banking or
15  financial organization or a subsidiary of such banking or
16  financial organization, which was not returned as
17  undeliverable, in the ordinary course of business at the
18  address reflected in the banking or financial organization's
19  records.
20         Section 112.  Subsection (1) of section 717.107,
21  Florida Statutes, is amended to read:
22         717.107  Funds owing under life insurance policies.--
23         (1)  Funds held or owing under any life or endowment
24  insurance policy or annuity contract which has matured or
25  terminated are presumed unclaimed if unclaimed for more than 5
26  years after the funds became due and payable as established
27  from the records of the insurance company holding or owing the
28  funds, but property described in paragraph (3)(b) is presumed
29  unclaimed if such property is not claimed for more than 2
30  years. The amount presumed unclaimed shall include any amount
31  due and payable under s. 627.4615.
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 1         Section 113.  Section 717.109, Florida Statutes, is
 2  amended to read:
 3         717.109  Refunds held by business associations.--Except
 4  as to the extent otherwise provided ordered by law the court
 5  or administrative agency, any sum that a business association
 6  has been ordered to refund by a court or administrative agency
 7  which has been unclaimed by the owner for more than 1 year
 8  after it became payable in accordance with the final
 9  determination or order providing for the refund, regardless of
10  whether the final determination or order requires any person
11  entitled to a refund to make a claim for it, is presumed
12  unclaimed.
13         Section 114.  Section 717.116, Florida Statutes, is
14  amended to read:
15         717.116  Contents of safe-deposit box or other
16  safekeeping repository.--All tangible and intangible property
17  held by a banking or financial organization in a safe-deposit
18  box or any other safekeeping repository in this state in the
19  ordinary course of the holder's business, and proceeds
20  resulting from the sale of the property permitted by law, that
21  has not been claimed by the owner for more than 3 years after
22  the lease or rental period on the box or other repository has
23  expired are presumed unclaimed.
24         Section 115.  Subsections (1), (3), (4), and (7) of
25  section 717.117, Florida Statutes, are amended to read:
26         717.117  Report of unclaimed property.--
27         (1)  Every person holding funds or other property,
28  tangible or intangible, presumed unclaimed and subject to
29  custody as unclaimed property under this chapter shall report
30  to the department on such forms as the department may
31  prescribe by rule. In lieu of forms, a report identifying 25
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    CS for CS for SB 2994                          First Engrossed
 1  or more different apparent owners must be submitted by the
 2  holder may submit the required information via electronic
 3  medium as the department may prescribe by rule. The report
 4  must include:
 5         (a)  Except for traveler's checks and money orders, the
 6  name, social security number or taxpayer identification
 7  number, and date of birth, if known, and last known address,
 8  if any, of each person appearing from the records of the
 9  holder to be the owner of any property which is presumed
10  unclaimed and which has a value of $50 or more.
11         (b)  For unclaimed funds which have a value of $50 or
12  more held or owing under any life or endowment insurance
13  policy or annuity contract, the full name, taxpayer
14  identification number or social security number, date of
15  birth, if known, and last known address of the insured or
16  annuitant and of the beneficiary according to records of the
17  insurance company holding or owing the funds.
18         (c)  For all tangible property held in a safe-deposit
19  box or other safekeeping repository, a description of the
20  property and the place where the property is held and may be
21  inspected by the department, and any amounts owing to the
22  holder. Contents of a safe-deposit box or other safekeeping
23  repository which consist of documents or writings of a private
24  nature and which have little or no apparent value shall not be
25  presumed unclaimed.
26         (d)  The nature and identifying number, if any, or
27  description of the property and the amount appearing from the
28  records to be due. Items of value under $50 each may be
29  reported in the aggregate.
30  
31  
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 1         (e)  The date the property became payable, demandable,
 2  or returnable, and the date of the last transaction with the
 3  apparent owner with respect to the property.
 4         (f)  Any person or business association or public
 5  corporation entity holding funds presumed unclaimed and having
 6  a total value of $10 or less may file a zero balance report
 7  for that reporting period. The balance brought forward to the
 8  new reporting period is zero.
 9         (g)  Such other information as the department may
10  prescribe by rule as necessary for the administration of this
11  chapter.
12         (h)  Credit balances, customer overpayments, security
13  deposits, and refunds having a value of less than $10 shall
14  not be presumed unclaimed.
15         (3)  The report must be filed before May 1 of each
16  year. Such report shall apply to the preceding calendar year.
17  If such report is not filed on or before the applicable filing
18  date, the holder shall pay to The department may impose and
19  collect a penalty of $10 per day up to a maximum of for each
20  day the report is delinquent, but such penalty shall not
21  exceed $500 for the failure to timely report or the failure to
22  include in a report information required by this chapter. The
23  penalty shall be remitted to the department within 30 days
24  after the date of the notification to the holder that the
25  penalty is due and owing. As necessary for proper
26  administration of this chapter, the department may waive any
27  penalty due with appropriate justification. On written request
28  by any person required to file a report and upon a showing of
29  good cause, the department may postpone the reporting date.
30  The department must provide information contained in a report
31  filed with the department to any person requesting a copy of
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    CS for CS for SB 2994                          First Engrossed
 1  the report or information contained in a report, to the extent
 2  the information requested is not confidential, within 90 days
 3  after the report has been processed and added to the unclaimed
 4  property data base subsequent to a determination that the
 5  report is accurate and that the reported property is the same
 6  as the remitted property.
 7         (4)  Holders of inactive accounts having a value of $50
 8  or more shall use due diligence to locate apparent owners.
 9         (a)  When an owner's account becomes inactive, the
10  holder shall conduct at least one search for the apparent
11  owner using due diligence. For purposes of this section,
12  except for banks, credit unions, and state or federal savings
13  associations, an account is inactive if 2 years have
14  transpired after the last owner-initiated account activity, if
15  2 years have transpired after the expiration date on the
16  instrument or contract, or if 2 years have transpired since
17  first-class mail has been returned as undeliverable. With
18  respect to banks, credit unions, and state or federal savings
19  associations, an account is inactive if 2 years have
20  transpired after the last owner-initiated account activity and
21  first-class mail has been returned as undeliverable or 2 years
22  after the expiration date on the instrument or contract and
23  first-class mail has been returned as undeliverable.
24         (b)1.  Within 180 days after an account becomes
25  inactive, the holder shall conduct a search to locate the
26  apparent owner of the property. The holder may satisfy such
27  requirement by conducting one annual search for the owners of
28  all accounts which have become inactive during the prior year.
29         (c)2.  Within 30 days after receiving updated address
30  information, the holder shall provide notice by telephone or
31  first-class mail to the current address notifying the apparent
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    CS for CS for SB 2994                          First Engrossed
 1  owner that the holder is in possession of property which is
 2  presumed unclaimed and may be remitted to the department. The
 3  notice shall also provide the apparent owner with the address
 4  or the telephone number of an office where the apparent owner
 5  may claim the property or reestablish the inactive account.
 6         (d)  The account shall be presumed unclaimed if the
 7  holder is not able to contact the apparent owner by telephone,
 8  the first-class mail notice is returned to the holder as
 9  undeliverable, or the apparent owner does not contact the
10  holder in response to the first-class mail notice.
11         (b)  The claim of the apparent owner is not barred by
12  the statute of limitations.
13         (7)(a)  This section does shall not apply to the
14  unclaimed patronage refunds as provided for by contract or
15  through bylaw provisions of entities organized under chapter
16  425.
17         (b)  This section does not apply to intangible property
18  held, issued, or owing by a business association subject to
19  the jurisdiction of the United States Surface Transportation
20  Board or its successor federal agency if the apparent owner of
21  such intangible property is a business association. The holder
22  of such property does not have any obligation to report, to
23  pay, or to deliver such property to the department.
24         Section 116.  Section 717.118, Florida Statutes, is
25  amended to read:
26         717.118  Notification of apparent owners Notice and
27  publication of lists of unclaimed property.--
28         (1)  It is specifically recognized that the state has
29  an obligation to make an effort to notify owners of unclaimed
30  property in a cost-effective manner. In order to provide all
31  the citizens of this state an effective and efficient program
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    CS for CS for SB 2994                          First Engrossed
 1  for the recovery of unclaimed property, the department shall
 2  use cost-effective means to make at least one active attempt
 3  to notify owners of unclaimed property accounts valued at more
 4  than $100 with a reported address or taxpayer identification
 5  number the existence of unclaimed property held by the
 6  department. Such active attempt to notify locate apparent
 7  owners shall include any attempt by the department to directly
 8  contact the owner. Other means of notification, such as
 9  publication of the names of owners in the newspaper, on
10  television, on the Internet, or through other promotional
11  efforts and items in which the department does not directly
12  attempt to contact the owner are expressly declared to be
13  passive attempts. Nothing in this subsection precludes other
14  agencies or entities of state government from notifying owners
15  of the existence of unclaimed property or attempting to notify
16  locate apparent owners of unclaimed property.
17         (2)  The following notification requirements shall
18  apply:
19         (a)  Notifications that are published or televised may
20  consist of the names of apparent owners of unclaimed property,
21  and information regarding recovery of unclaimed property from
22  the department. Such notification may be televised or
23  published in the county in which the last known address of the
24  apparent owner is located or, if the address is unknown, in
25  the county in which the holder has its principal place of
26  business. Published notifications may be in accordance with s.
27  50.011.
28         (b)  Notification provided directly to individual
29  apparent owners shall consist of a description of the property
30  and information regarding recovery of unclaimed property from
31  the department.
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 1         (3)  The department may publish in the notice any items
 2  of more than $100.
 3         (3)(4)  This section is not applicable to sums payable
 4  on traveler's checks, money orders, and other written
 5  instruments presumed unclaimed under s. 717.104.
 6         Section 117.  Subsection (5) of section 717.119,
 7  Florida Statutes, is amended to read:
 8         717.119  Payment or delivery of unclaimed property.--
 9         (5)  All intangible and tangible property held in a
10  safe-deposit box or any other safekeeping repository reported
11  under s. 717.117 shall not be delivered to the department
12  until 120 days after the report due date. The delivery of the
13  property, through the United States mail or any other carrier,
14  shall be insured by the holder at an amount equal to the
15  estimated value of the property. Each package shall be clearly
16  marked on the outside "Deliver Unopened." A holder's
17  safe-deposit box contents shall be delivered to the department
18  in a single shipment. In lieu of a single shipment, holders
19  may provide the department with a single detailed shipping
20  schedule that includes package tracking information for all
21  packages being sent pursuant to this section.
22         (a)  Holders may remit the value of cash and coins
23  found in unclaimed safe-deposit boxes to the department by
24  cashier's check or by electronic funds transfer, unless the
25  cash or coins have a value above face value. The department
26  shall identify by rule those cash and coin items having a
27  numismatic value. Cash and coin items identified as having a
28  numismatic value shall be remitted to the department in their
29  original form.
30         (b)  Any firearm or ammunition found in an unclaimed
31  safe-deposit box or any other safekeeping repository shall be
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    CS for CS for SB 2994                          First Engrossed
 1  delivered by the holder to a law enforcement agency for
 2  disposal. However, the department is authorized to make a
 3  reasonable attempt to ascertain the historical value to
 4  collectors of any firearm that has been delivered to the
 5  department. Any firearm appearing to have historical value to
 6  collectors may be sold by the department pursuant to s.
 7  717.122 to a person having a federal firearms license. Any
 8  firearm which is not sold pursuant to s. 717.122 shall be
 9  delivered by the department to a law enforcement agency in
10  this state for disposal. The department shall not be
11  administratively, civilly, or criminally liable for any
12  firearm delivered by the department to a law enforcement
13  agency in this state for disposal.
14         (c)  If such property is not paid or delivered to the
15  department on or before the applicable payment or delivery
16  date, the holder shall pay to the department a penalty of $10
17  for each safe-deposit box shipment received late, but such
18  penalty shall not exceed $1,000. The penalty shall be $100 for
19  a safe-deposit box shipment container that is late 30 days or
20  less. Thereafter, the penalty shall be $500 for a safe-deposit
21  box shipment container that is late for each additional
22  successive 30-day period. The penalty assessed against a
23  holder for a late safe-deposit box shipment container shall
24  not exceed $4,000 annually. The penalty shall be remitted to
25  the department within 30 days after the date of the
26  notification to the holder that the penalty is due and owing.
27         (d)  The department may waive any penalty due with
28  appropriate justification, as provided by rule.
29         (e)  Upon written request by any person required to
30  deliver safe-deposit box contents, the department may postpone
31  the delivery.
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 1         Section 118.  Subsection (2) of section 717.1201,
 2  Florida Statutes, is amended to read:
 3         717.1201  Custody by state; holder relieved from
 4  liability; reimbursement of holder paying claim; reclaiming
 5  for owner; defense of holder; payment of safe-deposit box or
 6  repository charges.--
 7         (2)  Any holder who has paid money to the department
 8  pursuant to this chapter may make payment to any person
 9  appearing to the holder to be entitled to payment and, upon
10  filing proof of payment and proof that the payee is was
11  entitled thereto, the department shall forthwith repay
12  reimburse the holder for the payment without deduction of any
13  fee or other charges. If repayment reimbursement is sought for
14  a payment made on a negotiable instrument, including a
15  traveler's check or money order, the holder must be repaid
16  reimbursed under this subsection upon filing proof that the
17  instrument was duly presented and that the payee is payment
18  was made to a person who appeared to the holder to be entitled
19  to payment. The holder shall be repaid reimbursed for payment
20  made under this subsection even if the payment was made to a
21  person whose claim was barred under s. 717.129(1).
22         Section 119.  Subsections (1) and (3) of section
23  717.122, Florida Statutes, are amended, and subsection (5) is
24  added to that section, to read:
25         717.122  Public sale of unclaimed property.--
26         (1)  Except as provided in subsection (2), the
27  department after the receipt of unclaimed property shall sell
28  it to the highest bidder at public sale on the Internet or at
29  a specified physical location wherever in the judgment of the
30  department the most favorable market for the property involved
31  exists. The department may decline the highest bid and reoffer
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    CS for CS for SB 2994                          First Engrossed
 1  the property for sale if in the judgment of the department the
 2  bid is insufficient. The department shall have the discretion
 3  to withhold from sale any unclaimed property that the
 4  department deems to be of benefit to the people of the state.
 5  If in the judgment of the department the probable cost of sale
 6  exceeds the value of the property, it need not be offered for
 7  sale and may be disposed of as the department determines
 8  appropriate. Any sale at a specified physical location held
 9  under this section must be preceded by a single publication of
10  notice, at least 3 weeks in advance of sale, in a newspaper of
11  general circulation in the county in which the property is to
12  be sold. The department shall proportionately deduct auction
13  fees, preparation costs, and expenses from the amount posted
14  to the owner's account when safe-deposit box contents are
15  sold. No action or proceeding may be maintained against the
16  department for or on account of any decision to decline the
17  highest bid or withhold any unclaimed property from sale.
18         (3)  Unless the department deems it to be in the public
19  interest to do otherwise, all securities presumed unclaimed
20  and delivered to the department may be sold upon receipt. Any
21  person making a claim pursuant to this chapter is entitled to
22  receive either the securities delivered to the department by
23  the holder, if they still remain in the hands of the
24  department, or the proceeds received from sale, less any
25  amounts deducted pursuant to subsection (2), but no person has
26  any claim under this chapter against the state, the holder,
27  any transfer agent, any registrar, or any other person acting
28  for or on behalf of a holder for any appreciation in the value
29  of the property occurring after delivery by the holder to the
30  state.
31  
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 1         (5)  The sale of unclaimed tangible personal property
 2  is not subject to tax under chapter 212 when such property is
 3  sold by or on behalf of the department pursuant to this
 4  section.
 5         Section 120.  Subsection (1) of section 717.123,
 6  Florida Statutes, is amended to read:
 7         717.123  Deposit of funds.--
 8         (1)  All funds received under this chapter, including
 9  the proceeds from the sale of unclaimed property under s.
10  717.122, shall forthwith be deposited by the department in the
11  Unclaimed Property Trust Fund. The department shall retain,
12  from funds received under this chapter, an amount not
13  exceeding $15 $8 million from which the department shall make
14  prompt payment of claims allowed by the department and shall
15  pay the costs incurred by the department in administering and
16  enforcing this chapter. All remaining funds received by the
17  department under this chapter shall be deposited by the
18  department into the State School Fund.
19         Section 121.  Section 717.124, Florida Statutes, is
20  amended to read:
21         717.124  Unclaimed property claims Filing of claim with
22  department.--
23         (1)  Any person, excluding another state, claiming an
24  interest in any property paid or delivered to the department
25  under this chapter may file with the department a claim on a
26  form prescribed by the department and verified by the claimant
27  or the claimant's representative. The claimant's
28  representative must be an attorney licensed to practice law in
29  this state, a licensed Florida-certified public accountant, or
30  a private investigator licensed under chapter 493. The
31  claimant's representative must be registered with the
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    CS for CS for SB 2994                          First Engrossed
 1  department under this chapter. The claimant, or the claimant's
 2  representative, shall provide the department with a legible
 3  copy of a valid driver's license of the claimant at the time
 4  the original claim form is filed. If the claimant has not been
 5  issued a valid driver's license at the time the original claim
 6  form is filed, the department shall be provided with a legible
 7  copy of a photographic identification of the claimant issued
 8  by the United States or a foreign nation, a state or territory
 9  of the United States or foreign nation, or a political
10  subdivision or agency thereof.  In lieu of photographic
11  identification, a notarized sworn statement by the claimant
12  may be provided which affirms the claimant's identity and
13  states the claimant's full name and address. Any claim filed
14  without the required identification or the sworn statement
15  with the original claim form and the original power of
16  attorney, if applicable, is void.
17         (a)  Within 90 days after receipt of a claim, the
18  department may return any claim that provides for the receipt
19  of fees and costs greater than that permitted under this
20  chapter or that contains any apparent errors or omissions. The
21  department may also request that the claimant or the
22  claimant's representative provide additional information. The
23  department shall retain a copy or electronic image of the
24  claim.
25         (b)  A claimant or the claimant's representative shall
26  be deemed to have withdrawn a claim if no response to the
27  department's request for additional information is received by
28  the department within 60 days after the notification of any
29  apparent errors or omissions.
30         (c)  Within 90 days after receipt of the claim, or the
31  response of the claimant or the claimant's representative to
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    CS for CS for SB 2994                          First Engrossed
 1  the department's request for additional information, whichever
 2  is later, the department shall determine each claim within 90
 3  days after it is filed. Such determination shall contain a
 4  notice of rights provided by ss. 120.569 and 120.57. The
 5  90-day period shall be extended by 60 days if the department
 6  has good cause to need additional time or if the unclaimed
 7  property:
 8         1.  Is owned by a person who has been a debtor in
 9  bankruptcy;
10         2.  Was reported with an address outside of the United
11  States;
12         3.  Is being claimed by a person outside of the United
13  States; or
14         4.  Contains documents filed in support of the claim
15  that are not in the English language and have not been
16  accompanied by an English language translation.
17         (d)  The department shall deny any claim under which
18  the claimant's representative has refused to authorize the
19  department to reduce the fees and costs to the maximum
20  permitted under this chapter.
21         (2)  A claim for a cashier's check or a stock
22  certificate without the original instrument may require an
23  indemnity bond equal to the value of the claim to be provided
24  prior to issue of the stock or payment of the claim by the
25  department.
26         (3)  The department may require an affidavit swearing
27  to the authenticity of the claim, lack of documentation, and
28  an agreement to allow the department to provide the name and
29  address of the claimant to subsequent claimants coming forward
30  with substantiated proof to claim the account. This shall
31  apply to claims equal to or less than $250. The exclusive
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    CS for CS for SB 2994                          First Engrossed
 1  remedy of a subsequent claimant to the property shall be
 2  against the person who received the property from the
 3  department.
 4         (4)(a)  Except as otherwise provided in this chapter,
 5  if a claim is determined in favor of the claimant, the
 6  department shall deliver or pay over to the claimant the
 7  property or the amount the department actually received or the
 8  proceeds if it has been sold by the department, together with
 9  any additional amount required by s. 717.121.
10         (b)(5)(a)  If an owner authorizes an attorney licensed
11  to practice law in this state, Florida-certified public
12  accountant, or private investigator licensed under chapter
13  493, and registered with the department under this chapter,
14  investigative agency which is duly licensed to do business in
15  this state to claim the unclaimed property on the owner's
16  behalf, the department is authorized to make distribution of
17  the property or money in accordance with such power of
18  attorney. The original power of attorney must be executed by
19  the owner and must be filed with the department.
20         (c)(b)1.  Payments of approved claims for unclaimed
21  cash accounts shall be made to the owner after deducting any
22  fees and costs authorized pursuant to a written power of
23  attorney. The contents of a safe-deposit box shall be
24  delivered directly to the claimant notwithstanding any
25  agreement to the contrary.
26         2.  Payments of fees and costs authorized pursuant to a
27  written power of attorney for approved cash claims shall be
28  made or issued forwarded to the law firm employer of the
29  designated attorney licensed to practice law in this state,
30  the public accountancy firm employer of the licensed
31  Florida-certified public accountant, or the designated
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    CS for CS for SB 2994                          First Engrossed
 1  employing private investigative agency licensed by this state.
 2  Such payments shall may be made by electronic funds transfer
 3  and may be made on such periodic schedule as the department
 4  may define by rule, provided the payment intervals do not
 5  exceed 31 days. Payment made to an attorney licensed in this
 6  state, a Florida-certified public accountant, or a private
 7  investigator licensed under chapter 493, operating
 8  individually or as a sole practitioner, shall be to the
 9  attorney, certified public accountant, or private
10  investigator.
11         3.  Payments of approved claims for unclaimed
12  securities and other intangible ownership interests made to an
13  attorney, Florida-certified public accountant, or private
14  investigative agency shall be promptly deposited into a trust
15  or escrow account which is regularly maintained by the
16  attorney, Florida-certified public accountant, or the private
17  investigative agency in a financial institution authorized to
18  accept such deposits and located in this state.
19         (c)  Distribution of unclaimed property by the
20  attorney, Florida-certified public accountant, or private
21  investigative agency to the claimant shall be made within 10
22  days following final credit of the deposit into the trust or
23  escrow account at the financial institution, unless a party to
24  the agreement protests in writing such distribution before it
25  is made.
26         (5)(6)  The department shall not be administratively,
27  civilly, or criminally liable for any property or funds
28  distributed pursuant to this section, provided such
29  distribution is made in good faith.
30         (6)  This section does not supersede the licensing
31  requirements of chapter 493.
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    CS for CS for SB 2994                          First Engrossed
 1         Section 122.  Section 717.12403, Florida Statutes, is
 2  created to read:
 3         717.12403  Unclaimed demand, savings, or checking
 4  account in a financial institution held in the name of more
 5  than one person.--
 6         (1)(a)  If an unclaimed demand, savings, or checking
 7  account in a financial institution is reported as an "and"
 8  account in the name of two or more persons who are not
 9  beneficiaries, it is presumed that each person must claim the
10  account in order for the claim to be approved by the
11  department. This presumption may be rebutted by showing that
12  entitlement to the account has been transferred to another
13  person or by clear and convincing evidence demonstrating that
14  the account should have been reported by the financial
15  institution as an "or" account.
16         (b)  If an unclaimed demand, savings, or checking
17  account in a financial institution is reported as an "and"
18  account and one of the persons on the account is deceased, it
19  is presumed that the account is a survivorship account. This
20  presumption may be rebutted by showing that entitlement to the
21  account has been transferred to another person or by clear and
22  convincing evidence demonstrating that the account is not a
23  survivorship account.
24         (2)  If an unclaimed demand, savings, or checking
25  account in a financial institution is reported as an "or"
26  account in the name of two or more persons who are not
27  beneficiaries, it is presumed that either person listed on the
28  account may claim the entire amount held in the account. This
29  presumption may be rebutted by showing that entitlement to the
30  account has been transferred to another person or by clear and
31  convincing evidence demonstrating that the account should have
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 1  been reported by the financial institution as an "and"
 2  account.
 3         (3)  If an unclaimed demand, savings, or checking
 4  account in a financial institution is reported in the name of
 5  two or more persons who are not beneficiaries without
 6  identifying whether the account is an "and" account or an "or"
 7  account, it is presumed that the account is an "or" account.
 8  This presumption may be rebutted by showing that entitlement
 9  to the account has been transferred to another person or by
10  clear and convincing evidence demonstrating that the account
11  should have been reported by the financial institution as an
12  "and" account.
13         (4)  The department shall be deemed to have made a
14  distribution in good faith if the department remits funds
15  consistent with this section.
16         Section 123.  Section 717.12404, Florida Statutes, is
17  created to read:
18         717.12404  Claims on behalf of a business entity or
19  trust.--
20         (1)  Claims on behalf of an active or dissolved
21  corporation, for which the last annual report is not available
22  from the Department of State through the Internet, must be
23  accompanied by a microfiche copy of the records on file with
24  the Department of State or, if the corporation has not made a
25  corporate filing with the Department of State, an
26  authenticated copy of the last corporate filing identifying
27  the officers and directors from the appropriate authorized
28  official of the state of incorporation. A claim on behalf of a
29  corporation must be made by an officer or director identified
30  on the last corporate filing.
31  
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 1         (2)  Claims on behalf of a dissolved corporation, a
 2  business entity other than an active corporation, or a trust
 3  must include a legible copy of a valid driver's license of the
 4  person acting on behalf of the dissolved corporation, business
 5  entity other than an active corporation, or trust. If the
 6  person has not been issued a valid driver's license, the
 7  department shall be provided with a legible copy of a
 8  photographic identification of the person issued by the United
 9  States or a foreign nation, or a political subdivision or
10  agency thereof. In lieu of photographic identification, a
11  notarized sworn statement by the person may be provided which
12  affirms the person's identity and states the person's full
13  name and address. Any claim filed without the required
14  identification or the sworn statement with the original claim
15  form and the original power of attorney, if applicable, is
16  void.
17         Section 124.  Section 717.12405, Florida Statutes, is
18  created to read:
19         717.12405  Claims by estates.--An estate or any person
20  representing an estate or acting on behalf of an estate may
21  claim unclaimed property only after the heir or legatee of the
22  decedent entitled to the property has been located. Any
23  estate, or any person representing an estate or acting on
24  behalf of an estate, that receives unclaimed property before
25  the heir or legatee of the decedent entitled to the property
26  has been located, is personally liable for the unclaimed
27  property and must immediately return the full amount of the
28  unclaimed property or the value thereof to the department in
29  accordance with s. 717.1341.
30  
31  
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 1         Section 125.  Subsection (1) of section 717.1241,
 2  Florida Statutes, is amended, and subsection (3) is added to
 3  said section, to read:
 4         717.1241  Conflicting claims.--
 5         (1)  When ownership has been established but
 6  conflicting claims have been received by the department, the
 7  property shall be remitted as follows, notwithstanding the
 8  withdrawal of a claim to the:
 9         (a)  As between an owner and an owner's representative:
10         1.  To the person submitting the first claim that is
11  complete or made complete received by the department; or
12         2.  If an owner's claim and an owner's representative's
13  claim are received by the department on the same day and both
14  claims are complete, to the owner;
15         (b)  As between two or more owner's representatives, to
16  the owner's representative who has submitted the first claim
17  that is complete or made complete Owner if an owner's claim
18  and an owner's representative's claim are received by the
19  department on the same day; or
20         (c)  As between two or more owner's representatives
21  whose claims were complete on the same day, to the owner's
22  representative who has agreed to receive the lowest fee. If
23  two or more owner's representatives whose claims were complete
24  on the same day are charging the same lowest fee, the fees
25  shall be divided equally between the owner's representatives
26  Owner's representative who has the earliest dated contract
27  with the owner if claims by two or more owner's
28  representatives are received by the department on the same
29  day.
30         (3)  A claim is complete when entitlement to the
31  unclaimed property has been established.
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 1         Section 126.  Subsection (1) of section 717.1242,
 2  Florida Statutes, is amended to read:
 3         717.1242  Restatement of jurisdiction of the circuit
 4  court sitting in probate and the department.--
 5         (1)  It is and has been the intent of the Legislature
 6  that, pursuant to s. 26.012(2)(b), circuit courts have
 7  jurisdiction of proceedings relating to the settlement of the
 8  estates of decedents and other jurisdiction usually pertaining
 9  to courts of probate. It is and has been the intent of the
10  Legislature that, pursuant to s. 717.124, the department
11  determines the merits of claims for property paid or delivered
12  to the department under this chapter. Consistent with this
13  legislative intent, any estate or beneficiary, as defined in
14  s. 731.201, heir of an estate seeking to obtain property paid
15  or delivered to the department under this chapter must file a
16  claim with the department as provided in s. 717.124.
17         Section 127.  Section 717.1244, Florida Statutes, is
18  created to read:
19         717.1244  Determinations of unclaimed property
20  claims.--In rendering a determination regarding the merits of
21  an unclaimed property claim, the department shall rely on the
22  applicable statutory, regulatory, common, and case law. Agency
23  statements applying the statutory, regulatory, common, and
24  case law to unclaimed property claims are not agency
25  statements subject to s. 120.56(4).
26         Section 128.  Section 717.126, Florida Statutes, is
27  amended to read:
28         717.126  Administrative hearing; burden of proof; proof
29  of entitlement; venue.--
30         (1)  Any person aggrieved by a decision of the
31  department may petition for a hearing as provided in ss.
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    CS for CS for SB 2994                          First Engrossed
 1  120.569 and 120.57. In any proceeding for determination of a
 2  claim to property paid or delivered to the department under
 3  this chapter, the burden shall be upon the claimant to
 4  establish entitlement to the property by a preponderance of
 5  evidence. Having the same name as that reported to the
 6  department is not sufficient, in the absence of other
 7  evidence, to prove entitlement to unclaimed property.
 8         (2)  Unless otherwise agreed by the parties, venue
 9  shall be in Tallahassee, Leon County, Florida. However, upon
10  the request of a party, the presiding officer may, in the
11  presiding officer's discretion, conduct the hearing at an
12  alternative remote video location.
13         Section 129.  Section 717.1261, Florida Statutes, is
14  created to read:
15         717.1261  Death certificates.--Any person who claims
16  entitlement to unclaimed property by means of the death of one
17  or more persons shall file a copy of the death certificate of
18  the decedent or decedents that has been certified as being
19  authentic by the issuing governmental agency.
20         Section 130.  Section 717.1262, Florida Statutes, is
21  created to read:
22         717.1262  Court documents.--Any person who claims
23  entitlement to unclaimed property by reason of a court
24  document shall file a certified copy of the court document
25  with the department.
26         Section 131.  Subsections (1) and (6) of section
27  717.1301, Florida Statutes, are amended to read:
28         717.1301  Investigations; examinations; subpoenas.--
29         (1)  The department may make investigations and
30  examinations within or outside this state of claims, reports,
31  and other records within or outside this state as it deems
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    CS for CS for SB 2994                          First Engrossed
 1  necessary to administer and enforce the provisions of this
 2  chapter. In such investigations and examinations the
 3  department may administer oaths, examine witnesses, issue
 4  subpoenas, and otherwise gather evidence. The department may
 5  request any person who has not filed a report under s. 717.117
 6  to file a verified report stating whether or not the person is
 7  holding any unclaimed property reportable or deliverable under
 8  this chapter.
 9         (6)  If an investigation or an examination of the
10  records of any person results in the disclosure of property
11  reportable and deliverable under this chapter, the department
12  may assess the cost of investigation or the examination
13  against the holder at the rate of $100 per 8-hour day for each
14  per investigator or examiner. Such fee shall be calculated on
15  an hourly basis and shall be rounded to the nearest hour. The
16  person shall also pay the travel expense and per diem
17  subsistence allowance provided for state employees in s.
18  112.061. The person shall not be required to pay a per diem
19  fee and expenses of an examination or investigation which
20  shall consume more than 30 worker-days in any one year unless
21  such examination or investigation is due to fraudulent
22  practices of the person, in which case such person shall be
23  required to pay the entire cost regardless of time consumed.
24  The fee shall be remitted to the department within 30 days
25  after the date of the notification that the fee is due and
26  owing. Any person who fails to pay the fee within 30 days
27  after the date of the notification that the fee is due and
28  owing shall pay to the department interest at the rate of 12
29  percent per annum on such fee from the date of the
30  notification.
31  
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 1         Section 132.  Subsection (2) of section 717.1315,
 2  Florida Statutes, is amended to read:
 3         717.1315  Retention of records by owner's
 4  representative.--
 5         (2)  An owner's representative, operating at two or
 6  more places of business in this state, may maintain the books,
 7  accounts, and records of all such offices at any one of such
 8  offices, or at any other office maintained by such owner's
 9  representative, upon the filing of a written notice with the
10  department designating in the written notice the office at
11  which such records are maintained.
12         (3)  An However, the owner's representative shall make
13  all books, accounts, and records available at a convenient
14  location in this state upon request of the department.
15         Section 133.  Subsection (2) of section 717.132,
16  Florida Statutes, is amended to read:
17         717.132  Enforcement; cease and desist orders;
18  administrative fines.--
19         (2)  In addition to any other powers conferred upon it
20  to enforce and administer the provisions of this chapter, the
21  department may issue and serve upon a person an order to cease
22  and desist and to take corrective action whenever the
23  department finds that such person is violating, has violated,
24  or is about to violate any provision of this chapter, any rule
25  or order promulgated under this chapter, or any written
26  agreement entered into with the department. For purposes of
27  this subsection, the term "corrective action" includes
28  refunding excessive charges, requiring a person to return
29  unclaimed property, requiring a holder to remit unclaimed
30  property, and requiring a holder to correct a report that
31  
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    CS for CS for SB 2994                          First Engrossed
 1  contains errors or omissions. Any such order shall contain a
 2  notice of rights provided by ss. 120.569 and 120.57.
 3         Section 134.  Section 717.1322, Florida Statutes, is
 4  created to read:
 5         717.1322  Administrative enforcement.--
 6         (1)  The following acts are violations of this chapter
 7  and constitute grounds for an administrative enforcement
 8  action by the department in accordance with the requirements
 9  of chapter 120:
10         (a)  Failure to comply with any provision of this
11  chapter, any rule or order adopted under this chapter, or any
12  written agreement entered into with the department.
13         (b)  Fraud, misrepresentation, deceit, or gross
14  negligence in any matter within the scope of this chapter.
15         (c)  Fraudulent misrepresentation, circumvention, or
16  concealment of any matter required to be stated or furnished
17  to an owner or apparent owner under this chapter, regardless
18  of reliance by or damage to the owner or apparent owner.
19         (d)  Willful imposition of illegal or excessive charges
20  in any unclaimed property transaction.
21         (e)  False, deceptive, or misleading solicitation or
22  advertising within the scope of this chapter.
23         (f)  Failure to maintain, preserve, and keep available
24  for examination all books, accounts, or other documents
25  required by this chapter, by any rule or order adopted under
26  this chapter, or by any agreement entered into with the
27  department under this chapter.
28         (g)  Refusal to permit inspection of books and records
29  in an investigation or examination by the department or
30  refusal to comply with a subpoena issued by the department
31  under this chapter.
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 1         (h)  Criminal conduct in the course of a person's
 2  business.
 3         (i)  Failure to timely pay any fine imposed or assessed
 4  under this chapter or any rule adopted under this chapter.
 5         (j)  For compensation or gain or in the expectation of
 6  compensation or gain, the filing of a claim for unclaimed
 7  property owned by another unless such person is a registered
 8  attorney licensed to practice law in this state, registered
 9  public accountant certified in this state, or a registered
10  private investigator licensed under chapter 493. This
11  subsection does not apply to a person who has been granted a
12  durable power of attorney to convey and receive all of the
13  real and personal  property of the owner, is the
14  court-appointed guardian of the owner, has been employed as an
15  attorney or qualified representative to contest the
16  department's denial of a claim, has been employed as an
17  attorney or qualified representative to contest the
18  department's denial of a claim, or has been employed as an
19  attorney to probate the estate of the owner or an heir or
20  legatee of the owner.
21         (k)  Failure to authorize the release of records in the
22  possession of a third party after being requested to do so by
23  the department regarding a pending examination or
24  investigation.
25         (l)  Receipt or solicitation of consideration to be
26  paid in advance of the approval of a claim under this chapter.
27         (2)  Upon a finding by the department that any person
28  has committed any of the acts set forth in subsection (1), the
29  department may enter an order:
30         (a)  Revoking or suspending a registration previously
31  granted under this chapter;
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    CS for CS for SB 2994                          First Engrossed
 1         (b)  Placing a registrant or an applicant for a
 2  registration on probation for a period of time and subject to
 3  such conditions as the department may specify;
 4         (c)  Placing permanent restrictions or conditions upon
 5  issuance or maintenance of a registration under this chapter;
 6         (d)  Issuing a reprimand;
 7         (e)  Imposing an administrative fine not to exceed
 8  $2,000 for each such act; or
 9         (f)  Prohibiting any person from being a director,
10  officer, agent, employee, or ultimate equitable owner of a
11  10-percent or greater interest in an employer of a registrant.
12         (3)  A registrant is subject to the disciplinary
13  actions specified in subsection (2) for violations of
14  subsection (1) by an agent or employee of the registrant's
15  employer if the registrant knew or should have known that such
16  agent or employee was violating any provision of this chapter.
17         (4)(a)  The department shall adopt, by rule, and
18  periodically review the disciplinary guidelines applicable to
19  each ground for disciplinary action which may be imposed by
20  the department under this chapter.
21         (b)  The disciplinary guidelines shall specify a
22  meaningful range of designated penalties based upon the
23  severity or repetition of specific offenses, or both. It is
24  the legislative intent that minor violations be distinguished
25  from more serious violations; that such guidelines consider
26  the amount of the claim involved, the complexity of locating
27  the owner, the steps taken to ensure the accuracy of the claim
28  by the person filing the claim, the acts of commission and
29  omission of the ultimate owners in establishing themselves as
30  rightful owners of the funds, the acts of commission or
31  omission of the agent or employee of an employer in the filing
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    CS for CS for SB 2994                          First Engrossed
 1  of the claim, the actual knowledge of the agent, employee,
 2  employer, or owner in the filing of the claim, the departure,
 3  if any, by the agent or employee from the internal controls
 4  and procedures established by the employer with regard to the
 5  filing of a claim, the number of defective claims previously
 6  filed by the agent, employee, employer, or owner; that such
 7  guidelines provide reasonable and meaningful notice of likely
 8  penalties that may be imposed for proscribed conduct; and that
 9  such penalties be consistently applied by the department.
10         (c)  A specific finding of mitigating or aggravating
11  circumstances shall allow the department to impose a penalty
12  other than that provided for in such guidelines. The
13  department shall adopt by rule disciplinary guidelines to
14  designate possible mitigating and aggravating circumstances
15  and the variation and range of penalties permitted for such
16  circumstances. Such mitigating and aggravating circumstances
17  shall also provide for consideration of, and be consistent
18  with, the legislative intent expressed in paragraph (b).
19         (d)  In any proceeding brought under this chapter, the
20  administrative law judge, in recommending penalties in any
21  recommended order, shall follow the penalty guidelines
22  established by the department and shall state in writing any
23  mitigating or aggravating circumstances upon which the
24  recommended penalty is based.
25         (5)  The department may seek any appropriate civil
26  legal remedy available to it by filing a civil action in a
27  court of competent jurisdiction against any person who has,
28  directly or through an owner's representative, wrongfully
29  submitted a claim as the ultimate owner of property and
30  improperly received funds from the department in violation of
31  this chapter.
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 1         Section 135.  Section 717.1331, Florida Statutes, is
 2  created to read:
 3         717.1331  Actions against holders.--The department may
 4  initiate, or cause to be initiated, an action against a holder
 5  to recover unclaimed property. If the department prevails in a
 6  civil or administrative action to recover unclaimed property
 7  initiated by or on behalf of the department, the holder shall
 8  be ordered to pay the department reasonable costs and
 9  attorney's fees.
10         Section 136.  Section 717.1333, Florida Statutes, is
11  created to read:
12         717.1333  Evidence; audit reports; examiner's
13  worksheets, investigative reports, other related
14  documents.--In any proceeding involving a holder under ss.
15  120.569 and 120.57 in which an auditor, examiner, or
16  investigator acting under authority of this chapter is
17  available for cross-examination, any official written report,
18  worksheet, or other related paper, or copy thereof, compiled,
19  prepared, drafted, or otherwise made or received by the
20  auditor, examiner, or investigator, after being duly
21  authenticated by the auditor, examiner, or investigator, may
22  be admitted as competent evidence upon the oath of the
23  auditor, examiner, or investigator that the report, worksheet,
24  or related paper was prepared or received as a result of an
25  audit, examination, or investigation of the books and records
26  of the person audited, examined, or investigated, or the agent
27  thereof.
28         Section 137.  Subsection (5) is added to section
29  717.134, Florida Statutes, to read:
30         717.134  Penalties and interest.--
31  
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 1         (5)  The department may impose and collect a penalty of
 2  $500 per day up to a maximum of $5,000 and 25 percent of the
 3  value of property willfully not reported with all of the
 4  information required by this chapter. Upon a holder's showing
 5  of good cause, the department may waive the penalty or any
 6  portion thereof. If the holder acted in good faith and without
 7  negligence, the department shall waive the penalty provided
 8  herein.
 9         Section 138.  Section 717.1341, Florida Statutes, is
10  created to read:
11         717.1341  Invalid claims, recovery of property,
12  interest and penalties.--
13         (1)(a)  No person shall receive unclaimed property that
14  the person is not entitled to receive. Any person who
15  receives, or assists another person to receive, unclaimed
16  property that the person is not entitled to receive is
17  strictly, jointly, personally, and severally liable for the
18  unclaimed property and shall immediately return the property,
19  or the reasonable value of the property if the property has
20  been damaged or disposed of, to the department plus interest
21  at the rate set annually in accordance with s. 55.03(1).
22  Assisting another person to receive unclaimed property
23  includes executing a claim form on the person's behalf.
24         (b)1.  In the case of stocks or bonds which have been
25  sold, the proceeds from the sale shall be returned to the
26  department plus any dividends or interest received thereon
27  plus an amount equal to the brokerage fee plus interest at a
28  rate set annually in accordance with s. 55.03(1) on the
29  proceeds from the sale of the stocks or bonds, the dividends
30  or interest received, and the brokerage fee.
31  
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 1         2.  In the case of stocks or bonds which have not been
 2  sold, the stocks or bonds and any dividends or interest
 3  received thereon shall be returned to the department, together
 4  with interest on the dividends or interest received, at a rate
 5  set annually in accordance with s. 55.03(1) of the value of
 6  the property.
 7         (2)  The department may maintain a civil or
 8  administrative action:
 9         (a)  To recover unclaimed property that was paid or
10  remitted to a person who was not entitled to the unclaimed
11  property or to offset amounts owed to the department against
12  amounts owed to an owner representative;
13         (b)  Against a person who assists another person in
14  receiving, or attempting to receive, unclaimed property that
15  the person is not entitled to receive; or
16         (c)  Against a person who attempts to receive unclaimed
17  property that the person is not entitled to receive.
18         (3)  If the department prevails in any proceeding under
19  subsection (2), a fine not to exceed three times the value of
20  the property received or sought to be received may be imposed
21  on any person who knowingly, or with reckless disregard or
22  deliberate ignorance of the truth, violated this section. If
23  the department prevails in a civil or administrative
24  proceeding under subsection (2), the person who violated
25  subsection (1) shall be ordered to pay the department
26  reasonable costs and attorney's fees.
27         (4)  No person shall knowingly file, knowingly conspire
28  to file, or knowingly assist in filing, a claim for unclaimed
29  property the person is not entitled to receive. Any person who
30  violates this subsection regarding unclaimed property of an
31  aggregate value:
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    CS for CS for SB 2994                          First Engrossed
 1         (a)  Greater than $50,000, is guilty of a felony of the
 2  first degree, punishable as provided in s. 775.082, s.
 3  775.083, or s. 775.084;
 4         (b)  Greater than $10,000 up to $50,000, is guilty of a
 5  felony of the second degree, punishable as provided in s.
 6  775.082, s. 775.083, or s. 775.084;
 7         (c)  Greater than $250 up to $10,000, is guilty of a
 8  felony of the third degree, punishable as provided in s.
 9  775.082, s. 775.083, or s. 775.084;
10         (d)  Greater than $50 up to $250, is guilty of a
11  misdemeanor of the first degree, punishable as provided in s.
12  775.082 or s. 775.083; or
13         (e)  Up to $50, is guilty of a misdemeanor of the
14  second degree, punishable as provided in s. 775.082 or s.
15  775.083.
16         Section 139.  Section 717.135, Florida Statutes, is
17  amended to read:
18         717.135  Agreement to recover locate reported property
19  in the custody of the department.--
20         (1)  All agreements between a claimant's an owner's
21  representative and a claimant an owner for compensation to
22  recover or assist in the recovery of property reported to the
23  department under s. 717.117 shall be in 11-point type or
24  greater and either:
25         (a)  Limit the fees and costs for services for each
26  owner contract to $25 for all contracts relating to unclaimed
27  property with a dollar value below $250. For all contracts
28  relating to unclaimed property with a dollar value of $250 and
29  above, fees shall be limited to 20 15 percent per unclaimed on
30  property account held by the department for 24 months or less
31  and 25 percent on property held by the department for more
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    CS for CS for SB 2994                          First Engrossed
 1  than 24 months. Fees and costs for cash accounts shall be
 2  based on the value of the property at the time the agreement
 3  for recovery is signed by the claimant apparent owner. Fees
 4  and costs for accounts containing securities or other
 5  intangible ownership interests, which securities or interests
 6  are not converted to cash, shall be based on the purchase
 7  price of the security as quoted on a national exchange or
 8  other market on which the property ownership interest is
 9  regularly traded at the time the securities or other ownership
10  interest is remitted to the claimant owner or the claimant's
11  owner's representative. Fees and costs for tangible property
12  or safe-deposit box accounts shall be based on the value of
13  the tangible property or contents of the safe-deposit box at
14  the time the ownership interest is transferred or remitted to
15  the claimant owner or the owner's representative; or
16         (b)  Disclose, on such form as the department shall
17  prescribe by rule, that the property is held by the Bureau of
18  Unclaimed Property of the Department of Financial Services
19  pursuant to this chapter, the person or name of the entity
20  that held the property prior to the property becoming
21  unclaimed, the date of the holder's last contact with the
22  owner, if known, and the approximate value of the property,
23  and identify which of the following categories of unclaimed
24  property the owner's representative is seeking to recover, as
25  reported by the holder:
26         1.  Cash accounts.
27         2.  Stale dated checks.
28         3.  Life insurance or annuity contract assets.
29         4.  Utility deposits.
30         5.  Securities or other interests in business
31  associations.
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    CS for CS for SB 2994                          First Engrossed
 1         6.  Wages.
 2         7.  Accounts receivable.
 3         8.  Contents of safe-deposit boxes.
 4  
 5  Such disclosure shall be on a page signed and dated by the
 6  person asserting entitlement to the unclaimed property.
 7  However, paragraph (1)(a) or (b) this section shall not apply
 8  if probate proceedings must be initiated on behalf of the
 9  claimant for an estate that has never been probated to
10  contracts made in connection with guardianship proceedings or
11  the probate of an estate.
12         (2)(a)  Agreements for recovery of cash accounts shall
13  state the value of the unclaimed property, the unclaimed
14  property account number, and the percentage dollar value of
15  the unclaimed property account to be paid to the claimant
16  owner and shall also state the percentage dollar value of
17  compensation to be paid to the claimant's owner's
18  representative.
19         (b)  Agreements for recovery of accounts containing
20  securities, safe-deposit box accounts, other intangible or
21  tangible ownership interests, or other types of accounts,
22  except cash accounts, shall state the unclaimed property
23  account number, the number of shares of stock, if applicable,
24  the approximate value of the unclaimed property, and the
25  percentage value of compensation to be paid to the claimant's
26  owner's representative.
27         (c)  All disclosures and agreements shall include the
28  name, address, and professional license number of the
29  claimant's owner's representative, and, if available, the
30  taxpayer identification number or social security number,
31  address, and telephone number of the claimant owner. The
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    CS for CS for SB 2994                          First Engrossed
 1  original of all such disclosures and agreements to pay
 2  compensation shall be signed and dated by the claimant owner
 3  of the property and shall be filed by the owner's
 4  representative with the claim form.
 5         (d)  All agreements between a claimant's representative
 6  and a claimant, who is a natural person, trust, or a dissolved
 7  corporation, for compensation to recover or assist in the
 8  recovery of property reported to the department under s.
 9  717.117 must use the following form on 8 and 1/2 inch by 11
10  inch paper or on 8 and 1/2 inch by 14 inch paper with all of
11  the text on one side of the paper and with the other side of
12  the paper left blank; except that, at the option of the owner
13  representative, the department disclosure form may be placed
14  on the reverse side of the agreement. The agreement must be
15  accurately completed and executed. No other writing or
16  information shall be printed on the agreement. The title of
17  the agreement shall be in bold 14-point type and underlined.
18  The rest of the agreement shall be in 10-point type or
19  greater. All unclaimed property accounts claimed must be
20  identified on the agreement. The agreement must state:
21                        RECOVERY AGREEMENT
22  $__________= APPROXIMATE DOLLAR VALUE OF UNCLAIMED PROPERTY
23  NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF
24  APPLICABLE):________
25  PROPERTY ACCOUNT NUMBERS:____________________
26  __________PERCENT TO BE PAID AS COMPENSATION TO THE CLAIMANT'S
27  REPRESENTATIVE
28  $__________= NET AMOUNT TO BE PAID TO CLAIMANT
29  $__________= AMOUNT TO BE PAID TO CLAIMANT'S REPRESENTATIVE
30  
31  
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    CS for CS for SB 2994                          First Engrossed
 1  THIS AGREEMENT is between:
 2  _____________________________________________________________
 3                     (hereinafter, CLAIMANT)
 4  and__________________________________________________________
 5             (hereinafter, CLAIMANT'S REPRESENTATIVE)
 6  who agree to the following:
 7         (1)  As consideration for the research efforts in
 8  locating and identifying assets due to the CLAIMANT and for
 9  assistance in procuring payment of the assets to the CLAIMANT,
10  the CLAIMANT authorizes the government to pay to the
11  CLAIMANT'S REPRESENTATIVE a fee of either:
12         (a)  _______ percent of all assets recovered, or
13         (b)  A flat fee of $ _________ to recover the unclaimed
14  property account identified above.
15  
16  NO FEES ARE TO BE PAID IN ADVANCE.
17         (2)  I have read this agreement and in consideration
18  thereof, do hereby grant the CLAIMANT'S REPRESENTATIVE a
19  limited power of attorney to demand, collect, recover and
20  receive the above compensation from the government in
21  accordance with this agreement.
22         (3)  IT IS HEREBY ACKNOWLEDGED BY ALL PARTIES TO THIS
23  AGREEMENT THAT UNLESS THESE ASSETS ARE RECOVERED, NO FEES, NO
24  COSTS OR CHARGES ARE DUE TO THE CLAIMANT'S REPRESENTATIVE, ITS
25  AGENTS OR ATTORNEYS, AND THIS AGREEMENT WILL BECOME NULL AND
26  VOID.
27  Original Signature of CLAIMANT:______________________________
28  DATE:__________________________
29  CLAIMANT'S Social Security Number or FEID number:____________
30  Make the CLAIMANT'S check payable to:________________________
31  Mail check to this address:__________________________________
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    CS for CS for SB 2994                          First Engrossed
 1  _____________________________________________________________
 2  The CLAIMANT'S telephone number is:__________________________
 3  Original Signature of CLAIMANT'S REPRESENTATIVE:_____________
 4  FEID Number of CLAIMANT'S REPRESENTATIVE:____________________
 5  DATE:________________________
 6  Address of CLAIMANT'S REPRESENTATIVE:________________________
 7  _____________________________________________________________
 8  Telephone number of CLAIMANT'S REPRESENTATIVE:_______________
 9  Professional license number of CLAIMANT'S REPRESENTATIVE:
10  ____________________
11         (e)  All fees, whether expressed as a percentage or as
12  a flat fee, are subject to the limitations and requirements of
13  subsection (1).
14         (3)  As used in this section, "claimant" means the
15  person on whose behalf a claim is filed.
16         (4)  This section does not supersede the licensing
17  requirements of chapter 493.
18         Section 140.  Section 717.1351, Florida Statutes, is
19  created to read:
20         717.1351  Acquisition of unclaimed property.--
21         (1)  A person desiring to acquire ownership or
22  entitlement of property reported to the department under s.
23  717.117 must be an attorney licensed to practice law in this
24  state, a licensed Florida-certified public accountant, a
25  private investigator licensed under chapter 493, or an
26  employer of a licensed private investigator which employer
27  possesses a Class "A" license under chapter 493 and must be
28  registered with the department under this chapter.
29         (2)  All contracts to acquire ownership or entitlement
30  of unclaimed property from the person or persons entitled to
31  
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    CS for CS for SB 2994                          First Engrossed
 1  the unclaimed property must be in 10-point type or greater and
 2  must:
 3         (a)  Have a purchase price that discounts the value of
 4  the unclaimed property at the time the agreement is executed
 5  by the seller at no greater than 20 percent per account held
 6  by the department; or
 7         (b)  Disclose, on such form as the department shall
 8  prescribe by rule, that the property is held by the Bureau of
 9  Unclaimed Property of the Department of Financial Services
10  pursuant to this chapter, the person or name of the entity
11  that held the property prior to the property becoming
12  unclaimed, the date of the holder's last contact with the
13  owner, if known, and the approximate value of the property,
14  and identify which of the following categories of unclaimed
15  property buyer is seeking to purchase as reported by the
16  holder:
17         1.  Cash accounts.
18         2.  Stale dated checks.
19         3.  Life insurance or annuity contract assets.
20         4.  Utility deposits.
21         5. Securities or other interests in business
22  associations.
23         6.  Wages.
24         7.  Accounts receivable.
25         8.  Contents of safe-deposit boxes.
26  
27  Such disclosure shall be on a page signed and dated by the
28  seller of the unclaimed property.
29         (3)  The originals of all such disclosures and
30  agreements to transfer ownership or entitlement to unclaimed
31  property shall be signed and dated by the seller and shall be
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    CS for CS for SB 2994                          First Engrossed
 1  filed with the claim form. The claimant shall provide the
 2  department with a legible copy of a valid driver's license of
 3  the seller at the time the original claim form is filed. If a
 4  seller has not been issued a valid driver's license at the
 5  time the original claim form is filed, the department shall be
 6  provided with a legible copy of a photographic identification
 7  of the seller issued by the United States or a foreign nation,
 8  a state or territory of the United States or foreign nation,
 9  or a political subdivision or agency thereof. In lieu of
10  photographic identification, a notarized sworn statement by
11  the seller may be provided which affirms the seller's identity
12  and states the seller's full name and address. If a claim is
13  filed without the required identification or the sworn
14  statement with the original claim form and the original
15  agreement to acquire ownership or entitlement to the unclaimed
16  property, the claim is void.
17         (4)  Any contract to acquire ownership or entitlement
18  of unclaimed property from the person or persons entitled to
19  the unclaimed property must provide for the purchase price to
20  be remitted to the seller or sellers within 10 days after the
21  execution of the contract by the seller or sellers. The
22  contract must specify the unclaimed property account number,
23  the value of the unclaimed property account, and the number of
24  shares of stock, if applicable. Proof of payment by check must
25  be filed with the department with the claim.
26         (5)  All agreements to purchase unclaimed property from
27  an owner, who is a natural person, a trust, or a dissolved
28  corporation must use the following form on 8 and 1/2 inch by
29  11 inch paper or on 8 and 1/2 inch by 14 inch paper with all
30  of the text on one side of the paper and with the other side
31  of the paper left blank; except that, at the option of the
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    CS for CS for SB 2994                          First Engrossed
 1  owner representative, the department disclosure form may be
 2  placed on the reverse side of the agreement. The agreement
 3  must be accurately completed and executed. No other writing or
 4  information shall be printed on the agreement. The title of
 5  the agreement shall be in bold 14-point type and underlined.
 6  The rest of the agreement shall be in 10-point type or
 7  greater. All unclaimed property accounts to be purchased must
 8  be identified on the agreement. The agreement must state:
 9                        PURCHASE AGREEMENT
10  $__________= APPROXIMATE DOLLAR VALUE OF THE UNCLAIMED
11  PROPERTY
12  PROPERTY ACCOUNT NUMBER(S):____________________
13  NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF
14  APPLICABLE):________
15  __________PERCENT OF UNCLAIMED PROPERTY TO BE PAID TO THE
16  BUYER
17  $__________= NET AMOUNT TO BE PAID TO OWNER
18  $__________= AMOUNT TO BE PAID TO BUYER
19  THIS AGREEMENT is between:
20  _____________________________________________________________
21                       (hereinafter, OWNER)
22  and_________________________________________________________ 
23                       (hereinafter, BUYER)
24  who agree that the OWNER transfers to the BUYER for a purchase
25  price of $________all rights to the above identified unclaimed
26  property accounts.
27  Original Signature of OWNER:____________________DATE:________
28  OWNER'S Social Security Number or FEID number:_______________
29  Within 10 days after the execution of this Purchase Agreement
30  by the Owner, Buyer shall remit the OWNER'S check payable to:
31  _____________________________________________________________
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    CS for CS for SB 2994                          First Engrossed
 1  Mail check to this address:__________________________________
 2  _____________________________________________________________
 3  _____________________________________________________________
 4  The OWNER'S telephone number is:_____________________________
 5  Original Signature of BUYER:_________________________________
 6  FEID Number of BUYER:___________________________DATE:________
 7  Address of BUYER:____________________________________________
 8  _____________________________________________________________
 9  Telephone number of BUYER: __________________________________
10  Professional license number of BUYER:________________________
11         (6)  This section does not supersede the licensing
12  requirements of chapter 493.
13         Section 141.  Section 717.1400, Florida Statutes, is
14  created to read:
15         717.1400  Registration.--
16         (1)  In order to file claims as a claimant's
17  representative, acquire ownership or entitlement to unclaimed
18  property, receive a distribution of fees and costs from the
19  department, and obtain unclaimed property dollar amounts, the
20  number of reported shares of stock, and the last four digits
21  of social security numbers held by the department, a private
22  investigator holding a Class "C" individual license under
23  chapter 493 must register with the department on such form as
24  the department shall prescribe by rule, and verified by the
25  applicant. To register with the department, a private
26  investigator must provide:
27         (a)  A legible copy of the applicant's Class "A"
28  business license under chapter 493 or that of the applicant's
29  employer which holds a Class "A" business license under
30  chapter 493.
31  
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    CS for CS for SB 2994                          First Engrossed
 1         (b)  A legible copy of the applicant's Class "C"
 2  individual license issued under chapter 493.
 3         (c)  The applicant's business address and telephone
 4  number.
 5         (d)  The names of agents or employees, if any, who are
 6  designated to act on behalf of the private investigator
 7  together with a legible copy of their photo-identification
 8  issued by an agency of the United States, or a state, or a
 9  political subdivision thereof.
10         (e)  Sufficient information to enable the department to
11  disburse funds by electronic funds transfer.
12         (f)  The tax identification number of the private
13  investigator's employer which holds a Class "A" business
14  license under chapter 493.
15         (2)  In order to file claims as a claimant's
16  representative, acquire ownership or entitlement to unclaimed
17  property, receive a distribution of fees and costs from the
18  department, and obtain unclaimed property dollar amounts, the
19  number of reported shares of stock, and the last four digits
20  of social security numbers held by the department, a
21  Florida-certified public accountant must register with the
22  department on such form as the department shall prescribe by
23  rule, and must be verified by the applicant. To register with
24  the department a Florida-certified public accountant must
25  provide:
26         (a)  The applicant's Florida Board of Accountancy
27  number.
28         (b)  A legible copy of the applicant's current driver's
29  license showing the full name and current address of such
30  person. If a current driver's license is not available,
31  another form of identification showing full name and current
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    CS for CS for SB 2994                          First Engrossed
 1  address of such person or persons shall be filed with the
 2  department.
 3         (c)  The applicant's business address and telephone
 4  number.
 5         (d)  The names of agents or employees, if any, who are
 6  designated to act on behalf of the Florida-certified public
 7  accountant together with a legible copy of their
 8  photo-identification issued by an agency of the United States,
 9  or a state, or a political subdivision thereof.
10         (e)  Sufficient information to enable the department to
11  disburse funds by electronic funds transfer.
12         (f)  The tax identification number of the accountant's
13  public accounting firm employer.
14         (3)  In order to file claims as a claimant's
15  representative, acquire ownership or entitlement to unclaimed
16  property, receive a distribution of fees and costs from the
17  department, and obtain unclaimed property dollar amounts, the
18  number of reported shares of stock, and the last four digits
19  of social security numbers held by the department, an attorney
20  licensed to practice in this state must register with the
21  department on such form as the department shall prescribe by
22  rule, and must be verified by the applicant. To register with
23  the department, such attorney must provide:
24         (a)  The applicant's Florida Bar number.
25         (b)  A legible copy of the applicant's current driver's
26  license showing the full name and current address of such
27  person. If a current driver's license is not available,
28  another form of identification showing full name and current
29  address of such person or persons shall be filed with the
30  department.
31  
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    CS for CS for SB 2994                          First Engrossed
 1         (c)  The applicant's business address and telephone
 2  number.
 3         (d)  The names of agents or employees, if any, who are
 4  designated to act on behalf of the attorney, together with a
 5  legible copy of their photo-identification issued by an agency
 6  of the United States, or a state, or a political subdivision
 7  thereof.
 8         (e)  Sufficient information to enable the department to
 9  disburse funds by electronic funds transfer.
10         (f)  The tax identification number of the lawyer's
11  employer law firm.
12         (4)  Information and documents already on file with the
13  department prior to the effective date of this provision need
14  not be resubmitted in order to complete the registration.
15         (5)  If a material change in the status of a
16  registration occurs, a registrant must, within 30 days,
17  provide the department with the updated documentation and
18  information in writing. Material changes include, but are not
19  limited to; a designated agent or employee ceasing to act on
20  behalf of the designating person, a surrender, suspension, or
21  revocation of a license, or a license renewal.
22         (a)  If a designated agent or employee ceases to act on
23  behalf of the person who has designated the agent or employee
24  to act on such person's behalf, the designating person must,
25  within 30 days, inform the Bureau of Unclaimed Property in
26  writing of the termination of agency or employment.
27         (b)  If a registrant surrenders the registrant's
28  license or the license is suspended or revoked, the registrant
29  must, within 30 days, inform the bureau in writing of the
30  surrender, suspension, or revocation.
31  
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    CS for CS for SB 2994                          First Engrossed
 1         (c)  If a private investigator's Class "C" individual
 2  license under chapter 493 or a private investigator's
 3  employer's Class "A" business license under chapter 493 is
 4  renewed, the private investigator must provide a copy of the
 5  renewed license to the department within 30 days after the
 6  receipt of the renewed license by the private investigator or
 7  the private investigator's employer.
 8         (6)  A registrant or applicant for registration may not
 9  have a name that might lead another person to conclude that
10  the registrant is affiliated or associated with the United
11  States, or an agency thereof, or a state or an agency or
12  political subdivision of a state. The department shall deny an
13  application for registration or revoke a registration if the
14  applicant or registrant has a name that might lead another
15  person to conclude that the applicant or registrant is
16  affiliated or associated with the United States, or an agency
17  thereof, or a state or an agency or political subdivision of a
18  state. Names that might lead another person to conclude that
19  the applicant or registrant is affiliated or associated with
20  the United States, or an agency thereof, or a state or an
21  agency or political subdivision of a state, include, but are
22  not limited to, the words United States, Florida, state,
23  bureau, division, department, or government.
24         Section 142.  Subsection (2) of section 212.02, Florida
25  Statutes, is amended to read:
26         212.02  Definitions.--The following terms and phrases
27  when used in this chapter have the meanings ascribed to them
28  in this section, except where the context clearly indicates a
29  different meaning:
30         (2)  "Business" means any activity engaged in by any
31  person, or caused to be engaged in by him or her, with the
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    CS for CS for SB 2994                          First Engrossed
 1  object of private or public gain, benefit, or advantage,
 2  either direct or indirect. Except for the sales of any
 3  aircraft, boat, mobile home, or motor vehicle, the term
 4  "business" shall not be construed in this chapter to include
 5  occasional or isolated sales or transactions involving
 6  tangible personal property or services by a person who does
 7  not hold himself or herself out as engaged in business or
 8  sales of unclaimed tangible personal property under s.
 9  717.122, but includes other charges for the sale or rental of
10  tangible personal property, sales of services taxable under
11  this chapter, sales of or charges of admission, communication
12  services, all rentals and leases of living quarters, other
13  than low-rent housing operated under chapter 421, sleeping or
14  housekeeping accommodations in hotels, apartment houses,
15  roominghouses, tourist or trailer camps, and all rentals of or
16  licenses in real property, other than low-rent housing
17  operated under chapter 421, all leases or rentals of or
18  licenses in parking lots or garages for motor vehicles,
19  docking or storage spaces for boats in boat docks or marinas
20  as defined in this chapter and made subject to a tax imposed
21  by this chapter. The term "business" shall not be construed in
22  this chapter to include the leasing, subleasing, or licensing
23  of real property by one corporation to another if all of the
24  stock of both such corporations is owned, directly or through
25  one or more wholly owned subsidiaries, by a common parent
26  corporation; the property was in use prior to July 1, 1989,
27  title to the property was transferred after July 1, 1988, and
28  before July 1, 1989, between members of an affiliated group,
29  as defined in s. 1504(a) of the Internal Revenue Code of 1986,
30  which group included both such corporations and there is no
31  substantial change in the use of the property following the
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    CS for CS for SB 2994                          First Engrossed
 1  transfer of title; the leasing, subleasing, or licensing of
 2  the property was required by an unrelated lender as a
 3  condition of providing financing to one or more members of the
 4  affiliated group; and the corporation to which the property is
 5  leased, subleased, or licensed had sales subject to the tax
 6  imposed by this chapter of not less than $667 million during
 7  the most recent 12-month period ended June 30. Any tax on such
 8  sales, charges, rentals, admissions, or other transactions
 9  made subject to the tax imposed by this chapter shall be
10  collected by the state, county, municipality, any political
11  subdivision, agency, bureau, or department, or other state or
12  local governmental instrumentality in the same manner as other
13  dealers, unless specifically exempted by this chapter.
14         Section 143.  Subsection (4) of section 322.142,
15  Florida Statutes, is amended to read:
16         322.142  Color photographic or digital imaged
17  licenses.--
18         (4)  The department may maintain a film negative or
19  print file. The department shall maintain a record of the
20  digital image and signature of the licensees, together with
21  other data required by the department for identification and
22  retrieval. Reproductions from the file or digital record shall
23  be made and issued only for departmental administrative
24  purposes, for the issuance of duplicate licenses, in response
25  to law enforcement agency requests, or to the Department of
26  Revenue pursuant to an interagency agreement to facilitate
27  service of process in Title IV-D cases, or to the Department
28  of Financial Services pursuant to an interagency agreement to
29  facilitate the location of owners of unclaimed property, the
30  validation of unclaimed property claims, and the
31  
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    CS for CS for SB 2994                          First Engrossed
 1  identification of fraudulent or false claims, and are exempt
 2  from the provisions of s. 119.07(1).
 3         Section 144.  Paragraph (l) is added to subsection (4)
 4  of section 395.3025, Florida Statutes, and subsection (10) of
 5  that section is amended, to read:
 6         395.3025  Patient and personnel records; copies;
 7  examination.--
 8         (4)  Patient records are confidential and must not be
 9  disclosed without the consent of the person to whom they
10  pertain, but appropriate disclosure may be made without such
11  consent to:
12         (l)  The Department of Financial Services, or an agent,
13  employee, or independent contractor of the department who is
14  auditing for unclaimed property pursuant to chapter 717.
15         (10)  The home addresses, telephone numbers, social
16  security numbers, and photographs of employees of any licensed
17  facility who provide direct patient care or security services;
18  the home addresses, telephone numbers, social security
19  numbers, photographs, and places of employment of the spouses
20  and children of such persons; and the names and locations of
21  schools and day care facilities attended by the children of
22  such persons are confidential and exempt from s. 119.07(1) and
23  s. 24(a), Art. I of the State Constitution. However, any state
24  or federal agency that is authorized to have access to such
25  information by any provision of law shall be granted such
26  access in the furtherance of its statutory duties,
27  notwithstanding the provisions of this subsection. The
28  Department of Financial Services, or an agent, employee, or
29  independent contractor of the department who is auditing for
30  unclaimed property pursuant to chapter 717, shall be granted
31  access to the name, address, and social security number of any
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    CS for CS for SB 2994                          First Engrossed
 1  employee owed unclaimed property. This subsection is subject
 2  to the Open Government Sunset Review Act of 1995 in accordance
 3  with s. 119.15, and shall stand repealed on October 2, 2004,
 4  unless reviewed and saved from repeal through reenactment by
 5  the Legislature.
 6         Section 145.  Section 732.103, Florida Statutes, is
 7  amended to read:
 8         732.103  Share of other heirs.--The part of the
 9  intestate estate not passing to the surviving spouse under s.
10  732.102, or the entire intestate estate if there is no
11  surviving spouse, descends as follows:
12         (1)  To the lineal descendants of the decedent.
13         (2)  If there is no lineal descendant, to the
14  decedent's father and mother equally, or to the survivor of
15  them.
16         (3)  If there is none of the foregoing, to the
17  decedent's brothers and sisters and the descendants of
18  deceased brothers and sisters.
19         (4)  If there is none of the foregoing, the estate
20  shall be divided, one-half of which shall go to the decedent's
21  paternal, and the other half to the decedent's maternal,
22  kindred in the following order:
23         (a)  To the grandfather and grandmother equally, or to
24  the survivor of them.
25         (b)  If there is no grandfather or grandmother, to
26  uncles and aunts and descendants of deceased uncles and aunts
27  of the decedent.
28         (c)  If there is either no paternal kindred or no
29  maternal kindred, the estate shall go to the other kindred who
30  survive, in the order stated above.
31  
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    CS for CS for SB 2994                          First Engrossed
 1         (5)  If there is no kindred of either part, the whole
 2  of the property shall go to the kindred of the last deceased
 3  spouse of the decedent as if the deceased spouse had survived
 4  the decedent and then died intestate entitled to the estate.
 5         (6)  If none of the foregoing, and if any of the
 6  descendants of the decedent's great-grandparents were
 7  holocaust victims as defined in s. 626.9543(3)(b), including
 8  such victims in countries cooperating with the discriminatory
 9  policies of Nazi Germany then to the lineal descendants of the
10  great grandparents. The court shall allow any such descendent
11  to meet a reasonable, not unduly restrictive, standard of
12  proof to substantiate his or her lineage. This subsection only
13  applies to escheated property and shall cease to be effective
14  for proceedings filed after December 31, 2004.
15         Section 146.  This act shall take effect July 1, 2004.
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CODING: Words stricken are deletions; words underlined are additions.