Florida Senate - 2015                                    SB 1402
       
       
        
       By Senator Lee
       
       
       
       
       
       24-00435C-15                                          20151402__
    1                        A bill to be entitled                      
    2         An act relating to the organization of the Department
    3         of Financial Services; amending s. 20.121, F.S.;
    4         revising the divisions and functions of the
    5         department; authorizing the Chief Financial Officer to
    6         establish divisions, bureaus, or offices of the
    7         department; amending s. 28.2401, F.S.; providing
    8         funding from certain probate petition service charges
    9         to the Florida Clerks of Court Operations Corporation
   10         for clerk education provided by the corporation;
   11         amending s. 28.241, F.S., relating to the deposit of
   12         certain filing fees for trial and appellate
   13         proceedings, to conform provisions to changes made by
   14         the act; amending s. 28.35, F.S.; deleting a
   15         requirement that the Florida Clerks of Court
   16         Operations Corporation contract with the department
   17         for certain audits; amending s. 110.205, F.S.;
   18         exempting audit and accounting positions of the
   19         department from career service requirements; amending
   20         s. 624.26, F.S.; conforming provisions to changes made
   21         by the act; amending s. 624.307, F.S.; providing
   22         powers and duties of the department’s Division of
   23         Consumer Services; authorizing the division to impose
   24         certain penalties; authorizing the department to adopt
   25         rules relating to the division; providing for
   26         construction; amending s. 624.502, F.S.; requiring
   27         that certain service of process fees be deposited into
   28         the Administrative Trust Fund; providing an effective
   29         date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsections (2) and (6) of section 20.121,
   34  Florida Statutes, are amended to read:
   35         20.121 Department of Financial Services.—There is created a
   36  Department of Financial Services.
   37         (2) DIVISIONS.—The Department of Financial Services shall
   38  consist of the following divisions and offices:
   39         (a) The Division of Accounting and Auditing, which shall
   40  include the following bureau and office:
   41         1. The Bureau of Unclaimed Property.
   42         2. The Office of Fiscal Integrity which shall function as a
   43  criminal justice agency for purposes of ss. 943.045-943.08 and
   44  shall have a separate budget. The office may conduct
   45  investigations within or outside this state as the bureau deems
   46  necessary to aid in the enforcement of this section. If during
   47  an investigation the office has reason to believe that any
   48  criminal law of this state has or may have been violated, the
   49  office shall refer any records tending to show such violation to
   50  state or federal law enforcement or prosecutorial agencies and
   51  shall provide investigative assistance to those agencies as
   52  required.
   53         (b) The Division of State Fire Marshal.
   54         (c) The Division of Risk Management.
   55         (d) The Division of Treasury, which shall include a Bureau
   56  of Deferred Compensation responsible for administering the
   57  Government Employees Deferred Compensation Plan established
   58  under s. 112.215 for state employees.
   59         (e) The Division of Criminal Investigations, which shall
   60  function as a criminal justice agency for purposes of ss.
   61  943.045-943.08 Insurance Fraud.
   62         (f) The Division of Rehabilitation and Liquidation.
   63         (g) The Division of Insurance Agent and Agency Services.
   64         (h) The Division of Consumer Services.
   65         1. The Division of Consumer Services shall perform the
   66  following functions concerning products or services regulated by
   67  the department or by the Office of Insurance Regulation:
   68         a. Receive inquiries and complaints from consumers.
   69         b. Prepare and disseminate such information as the
   70  department deems appropriate to inform or assist consumers.
   71         c. Provide direct assistance and advocacy for consumers who
   72  request such assistance or advocacy.
   73         d. With respect to apparent or potential violations of law
   74  or applicable rules by a person or entity licensed by the
   75  department or office, report apparent or potential violations to
   76  the office or the appropriate division of the department, which
   77  may take such further action as it deems appropriate.
   78         e. Designate an employee of the division as primary contact
   79  for consumers on issues relating to sinkholes.
   80         2. Any person licensed or issued a certificate of authority
   81  by the department or by the Office of Insurance Regulation shall
   82  respond, in writing, to the Division of Consumer Services within
   83  20 days after receipt of a written request for information from
   84  the division concerning a consumer complaint. The response must
   85  address the issues and allegations raised in the complaint. The
   86  division may impose an administrative penalty for failure to
   87  comply with this subparagraph of up to $2,500 per violation upon
   88  any entity licensed by the department or the office and $250 for
   89  the first violation, $500 for the second violation, and up to
   90  $1,000 per violation thereafter upon any individual licensed by
   91  the department or the office.
   92         3. The department may adopt rules to administer this
   93  paragraph.
   94         4. The powers, duties, and responsibilities expressed or
   95  granted in this paragraph do not limit the powers, duties, and
   96  responsibilities of the Department of Financial Services, the
   97  Financial Services Commission, the Office of Insurance
   98  Regulation, or the Office of Financial Regulation set forth
   99  elsewhere in the Florida Statutes.
  100         (i) The Division of Workers’ Compensation.
  101         (j) The Division of Administration.
  102         (k) The Division of Legal Services.
  103         (l) The Division of Information Systems.
  104         (j)(m) The Office of Insurance Consumer Advocate.
  105         (k)(n) The Division of Funeral, Cemetery, and Consumer
  106  Services.
  107         (l)(o) The Division of Public Assistance Fraud.
  108  
  109  The Chief Financial Officer may establish any other division,
  110  bureau, or office of the department that he or she deems
  111  necessary to promote the efficient and effective operation of
  112  the department pursuant to s. 20.04.
  113         (6) STRATEGIC MARKETS RESEARCH AND ASSESSMENT UNIT.—The
  114  Strategic Markets Research and Assessment Unit is established
  115  within the Department of Financial Services. The Chief Financial
  116  Officer or his or her designee shall report on September 1,
  117  2008, and quarterly thereafter, to the Cabinet, the President of
  118  the Senate, and the Speaker of the House of Representatives on
  119  the status of the state’s financial services markets. At a
  120  minimum, the report must include a summary of issues, trends,
  121  and threats that broadly impact the condition of the financial
  122  services industries, along with the effect of such conditions on
  123  financial institutions, the securities industries, other
  124  financial entities, and the credit market. The Chief Financial
  125  Officer shall also provide findings and recommendations
  126  regarding regulatory and policy changes to the Cabinet, the
  127  President of the Senate, and the Speaker of the House of
  128  Representatives.
  129         Section 2. Subsection (3) of section 28.2401, Florida
  130  Statutes, is amended to read:
  131         28.2401 Service charges and filing fees in probate
  132  matters.—
  133         (3) An additional service charge of $4 on petitions seeking
  134  summary administration, formal administration, ancillary
  135  administration, guardianship, curatorship, and conservatorship
  136  shall be paid to the clerk. The clerk shall transfer $3.50 to
  137  the Department of Revenue for deposit into the Court Education
  138  Trust Fund and shall transfer 50 cents to the Department of
  139  Revenue for deposit into the Department of Financial Services’
  140  Administrative Trust Fund to fund clerk education provided by
  141  the Florida Clerks of Court Operations Corporation. No
  142  additional fees, charges, or costs shall be added to the service
  143  charges or filing fees imposed under this section, except as
  144  authorized by general law.
  145         Section 3. Paragraph (a) of subsection (1) of section
  146  28.241, Florida Statutes, is amended to read:
  147         28.241 Filing fees for trial and appellate proceedings.—
  148         (1) Filing fees are due at the time a party files a
  149  pleading to initiate a proceeding or files a pleading for
  150  relief. Reopen fees are due at the time a party files a pleading
  151  to reopen a proceeding if at least 90 days have elapsed since
  152  the filing of a final order or final judgment with the clerk. If
  153  a fee is not paid upon the filing of the pleading as required
  154  under this section, the clerk shall pursue collection of the fee
  155  pursuant to s. 28.246.
  156         (a)1.a. Except as provided in sub-subparagraph b. and
  157  subparagraph 2., the party instituting any civil action, suit,
  158  or proceeding in the circuit court shall pay to the clerk of
  159  that court a filing fee of up to $395 in all cases in which
  160  there are not more than five defendants and an additional filing
  161  fee of up to $2.50 for each defendant in excess of five. Of the
  162  first $199 $200 in filing fees, $195 must be remitted to the
  163  Department of Revenue for deposit into the State Courts Revenue
  164  Trust Fund and, $4 must be remitted to the Department of Revenue
  165  for deposit into the Administrative Trust Fund within the
  166  Department of Financial Services and used to fund the contract
  167  with the Florida Clerks of Court Operations Corporation created
  168  in s. 28.35, and $1 must be remitted to the Department of
  169  Revenue for deposit into the Administrative Trust Fund within
  170  the Department of Financial Services to fund audits of
  171  individual clerks’ court-related expenditures conducted by the
  172  Department of Financial Services. By the 10th of each month, the
  173  clerk shall submit that portion of the filing fees collected in
  174  the previous month which is in excess of one-twelfth of the
  175  clerk’s total budget to the Department of Revenue for deposit
  176  into the Clerks of the Court Trust Fund.
  177         b. The party instituting any civil action, suit, or
  178  proceeding in the circuit court under chapter 39, chapter 61,
  179  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  180  753 shall pay to the clerk of that court a filing fee of up to
  181  $295 in all cases in which there are not more than five
  182  defendants and an additional filing fee of up to $2.50 for each
  183  defendant in excess of five. Of the first $99 $100 in filing
  184  fees, $95 must be remitted to the Department of Revenue for
  185  deposit into the State Courts Revenue Trust Fund and, $4 must be
  186  remitted to the Department of Revenue for deposit into the
  187  Administrative Trust Fund within the Department of Financial
  188  Services and used to fund the contract with the Florida Clerks
  189  of Court Operations Corporation created in s. 28.35, and $1 must
  190  be remitted to the Department of Revenue for deposit into the
  191  Administrative Trust Fund within the Department of Financial
  192  Services to fund audits of individual clerks’ court-related
  193  expenditures conducted by the Department of Financial Services.
  194         c. An additional filing fee of $4 shall be paid to the
  195  clerk. The clerk shall remit $3.50 to the Department of Revenue
  196  for deposit into the Court Education Trust Fund and shall remit
  197  50 cents to the Department of Revenue for deposit into the
  198  Administrative Trust Fund within the Department of Financial
  199  Services to fund clerk education provided by the Florida Clerks
  200  of Court Operations Corporation. An additional filing fee of up
  201  to $18 shall be paid by the party seeking each severance that is
  202  granted. The clerk may impose an additional filing fee of up to
  203  $85 for all proceedings of garnishment, attachment, replevin,
  204  and distress. Postal charges incurred by the clerk of the
  205  circuit court in making service by certified or registered mail
  206  on defendants or other parties shall be paid by the party at
  207  whose instance service is made. Additional fees, charges, or
  208  costs may not be added to the filing fees imposed under this
  209  section, except as authorized in this section or by general law.
  210         2.a. Notwithstanding the fees prescribed in subparagraph
  211  1., a party instituting a civil action in circuit court relating
  212  to real property or mortgage foreclosure shall pay a graduated
  213  filing fee based on the value of the claim.
  214         b. A party shall estimate in writing the amount in
  215  controversy of the claim upon filing the action. For purposes of
  216  this subparagraph, the value of a mortgage foreclosure action is
  217  based upon the principal due on the note secured by the
  218  mortgage, plus interest owed on the note and any moneys advanced
  219  by the lender for property taxes, insurance, and other advances
  220  secured by the mortgage, at the time of filing the foreclosure.
  221  The value shall also include the value of any tax certificates
  222  related to the property. In stating the value of a mortgage
  223  foreclosure claim, a party shall declare in writing the total
  224  value of the claim, as well as the individual elements of the
  225  value as prescribed in this sub-subparagraph.
  226         c. In its order providing for the final disposition of the
  227  matter, the court shall identify the actual value of the claim.
  228  The clerk shall adjust the filing fee if there is a difference
  229  between the estimated amount in controversy and the actual value
  230  of the claim and collect any additional filing fee owed or
  231  provide a refund of excess filing fee paid.
  232         d. The party shall pay a filing fee of:
  233         (I) Three hundred and ninety-five dollars in all cases in
  234  which the value of the claim is $50,000 or less and in which
  235  there are not more than five defendants. The party shall pay an
  236  additional filing fee of up to $2.50 for each defendant in
  237  excess of five. Of the first $199 $200 in filing fees, $195 must
  238  be remitted by the clerk to the Department of Revenue for
  239  deposit into the General Revenue Fund and, $4 must be remitted
  240  to the Department of Revenue for deposit into the Administrative
  241  Trust Fund within the Department of Financial Services and used
  242  to fund the contract with the Florida Clerks of Court Operations
  243  Corporation created in s. 28.35, and $1 must be remitted to the
  244  Department of Revenue for deposit into the Administrative Trust
  245  Fund within the Department of Financial Services to fund audits
  246  of individual clerks’ court-related expenditures conducted by
  247  the Department of Financial Services;
  248         (II) Nine hundred dollars in all cases in which the value
  249  of the claim is more than $50,000 but less than $250,000 and in
  250  which there are not more than five defendants. The party shall
  251  pay an additional filing fee of up to $2.50 for each defendant
  252  in excess of five. Of the first $704 $705 in filing fees, $700
  253  must be remitted by the clerk to the Department of Revenue for
  254  deposit into the General Revenue Fund and, $4 must be remitted
  255  to the Department of Revenue for deposit into the Administrative
  256  Trust Fund within the Department of Financial Services and used
  257  to fund the contract with the Florida Clerks of Court Operations
  258  Corporation created in s. 28.35, and $1 must be remitted to the
  259  Department of Revenue for deposit into the Administrative Trust
  260  Fund within the Department of Financial Services to fund audits
  261  of individual clerks’ court-related expenditures conducted by
  262  the Department of Financial Services; or
  263         (III) One thousand nine hundred dollars in all cases in
  264  which the value of the claim is $250,000 or more and in which
  265  there are not more than five defendants. The party shall pay an
  266  additional filing fee of up to $2.50 for each defendant in
  267  excess of five. Of the first $1,704 $1,705 in filing fees, $930
  268  must be remitted by the clerk to the Department of Revenue for
  269  deposit into the General Revenue Fund, $770 must be remitted to
  270  the Department of Revenue for deposit into the State Courts
  271  Revenue Trust Fund and, $4 must be remitted to the Department of
  272  Revenue for deposit into the Administrative Trust Fund within
  273  the Department of Financial Services to fund the contract with
  274  the Florida Clerks of Court Operations Corporation created in s.
  275  28.35, and $1 must be remitted to the Department of Revenue for
  276  deposit into the Administrative Trust Fund within the Department
  277  of Financial Services to fund audits of individual clerks’
  278  court-related expenditures conducted by the Department of
  279  Financial Services.
  280         e. An additional filing fee of $4 shall be paid to the
  281  clerk. The clerk shall remit $3.50 to the Department of Revenue
  282  for deposit into the Court Education Trust Fund and shall remit
  283  50 cents to the Department of Revenue for deposit into the
  284  Administrative Trust Fund within the Department of Financial
  285  Services to fund clerk education provided by the Florida Clerks
  286  of Court Operations Corporation. An additional filing fee of up
  287  to $18 shall be paid by the party seeking each severance that is
  288  granted. The clerk may impose an additional filing fee of up to
  289  $85 for all proceedings of garnishment, attachment, replevin,
  290  and distress. Postal charges incurred by the clerk of the
  291  circuit court in making service by certified or registered mail
  292  on defendants or other parties shall be paid by the party at
  293  whose instance service is made. Additional fees, charges, or
  294  costs may not be added to the filing fees imposed under this
  295  section, except as authorized in this section or by general law.
  296         Section 4. Paragraphs (e) through (h) of subsection (2) of
  297  section 28.35, Florida Statutes, are amended to read:
  298         28.35 Florida Clerks of Court Operations Corporation.—
  299         (2) The duties of the corporation shall include the
  300  following:
  301         (e) Entering into a contract with the Department of
  302  Financial Services for the department to audit the court-related
  303  expenditures of individual clerks pursuant to s. 17.03.
  304         (e)(f) Reviewing, certifying, and recommending proposed
  305  budgets submitted by clerks of the court pursuant to s. 28.36.
  306  As part of this process, the corporation shall:
  307         1. Calculate the minimum amount of revenue necessary for
  308  each clerk of the court to efficiently perform the list of
  309  court-related functions specified in paragraph (3)(a). The
  310  corporation shall apply the workload measures appropriate for
  311  determining the individual level of review required to fund the
  312  clerk’s budget.
  313         2. Prepare a cost comparison of similarly situated clerks
  314  of the court, based on county population and numbers of filings,
  315  using the standard list of court-related functions specified in
  316  paragraph (3)(a).
  317         3. Conduct an annual base budget review and an annual
  318  budget exercise examining the total budget of each clerk of the
  319  court. The review shall examine revenues from all sources,
  320  expenses of court-related functions, and expenses of noncourt
  321  related functions as necessary to determine that court-related
  322  revenues are not being used for noncourt-related purposes. The
  323  review and exercise shall identify potential targeted budget
  324  reductions in the percentage amount provided in Schedule VIII-B
  325  of the state’s previous year’s legislative budget instructions,
  326  as referenced in s. 216.023(3), or an equivalent schedule or
  327  instruction as may be adopted by the Legislature.
  328         4. Identify those proposed budgets containing funding for
  329  items not included on the standard list of court-related
  330  functions specified in paragraph (3)(a).
  331         5. Identify those clerks projected to have court-related
  332  revenues insufficient to fund their anticipated court-related
  333  expenditures.
  334         6. Use revenue estimates based on the official estimate for
  335  funds accruing to the clerks of the court made by the Revenue
  336  Estimating Conference.
  337         7. Identify and report pay and benefit increases in any
  338  proposed clerk budget, including, but not limited to, cost of
  339  living increases, merit increases, and bonuses.
  340         8. Provide detailed explanation for increases in
  341  anticipated expenditures in any clerk budget that exceeds the
  342  current year budget by more than 3 percent.
  343         9. Identify and report the budget of any clerk which
  344  exceeds the average budget of similarly situated clerks by more
  345  than 10 percent.
  346         (f)(g) Developing and conducting clerk education programs.
  347         (g)(h)Before Beginning August 1, 2014, and each August 1
  348  of each year thereafter, submitting to the Legislative Budget
  349  Commission, as provided in s. 11.90, its proposed budget and the
  350  information described in paragraph (e) (f), as well as the
  351  proposed budgets for each clerk of the court. Before October 1
  352  of each year beginning in 2014, the Legislative Budget
  353  Commission shall consider the submitted budgets and shall
  354  approve, disapprove, or amend and approve the corporation’s
  355  budget and shall approve, disapprove, or amend and approve the
  356  total of the clerks’ combined budgets or any individual clerk’s
  357  budget. If the Legislative Budget Commission fails to approve or
  358  amend and approve the corporation’s budget or the clerks’
  359  combined budgets before October 1, the clerk shall continue to
  360  perform the court-related functions based upon the clerk’s
  361  budget for the previous county fiscal year.
  362         Section 5. Paragraph (y) is added to subsection (2) of
  363  section 110.205, Florida Statutes, to read:
  364         110.205 Career service; exemptions.—
  365         (2) EXEMPT POSITIONS.—The exempt positions that are not
  366  covered by this part include the following:
  367         (y) All audit and accounting positions of the Division of
  368  Accounting and Auditing of the Department of Financial Services.
  369         Section 6. Subsection (4) of section 624.26, Florida
  370  Statutes, is amended to read:
  371         624.26 Collaborative arrangement with the Department of
  372  Health and Human Services.—
  373         (4) The department’s Division of Consumer Services may
  374  respond to complaints by consumers relating to a requirement of
  375  PPACA as authorized under s. 20.121(2)(h), and report apparent
  376  or potential violations to the office and to the federal
  377  Department of Health and Human Services.
  378         Section 7. Subsection (10) is added to section 624.307,
  379  Florida Statutes, to read:
  380         624.307 General powers; duties.—
  381         (10)(a) The department’s Division of Consumer Services
  382  shall perform the following functions concerning products or
  383  services regulated by the department or office:
  384         1. Receive inquiries and complaints from consumers.
  385         2. Prepare and disseminate such information as the
  386  department deems appropriate to inform or assist consumers.
  387         3. Provide direct assistance and advocacy for consumers who
  388  request such assistance or advocacy.
  389         4. With respect to apparent or potential violations of law
  390  or applicable rules by a person or entity licensed by the
  391  department or office, report apparent or potential violations to
  392  the office or the appropriate division of the department, which
  393  may take such further action as it deems appropriate.
  394         5. Designate an employee of the division as primary contact
  395  for consumers on issues relating to sinkholes.
  396         (b) Any person licensed or issued a certificate of
  397  authority by the department or the office shall respond, in
  398  writing, to the division within 20 days after receipt of a
  399  written request for information from the division concerning a
  400  consumer complaint. The response must address the issues and
  401  allegations raised in the complaint. The division may impose an
  402  administrative penalty for failure to comply with this paragraph
  403  of up to $2,500 per violation upon any entity licensed by the
  404  department or the office and $250 for the first violation, $500
  405  for the second violation, and up to $1,000 per violation
  406  thereafter upon any individual licensed by the department or the
  407  office.
  408         (c) The department may adopt rules to administer this
  409  subsection.
  410         (d) The powers, duties, and responsibilities expressed or
  411  granted in this subsection do not limit the powers, duties, and
  412  responsibilities of the Department of Financial Services, the
  413  Financial Services Commission, the Office of Insurance
  414  Regulation, or the Office of Financial Regulation as otherwise
  415  provided by law.
  416         Section 8. Section 624.502, Florida Statutes, as amended by
  417  chapter 2014-53, Laws of Florida, is amended to read:
  418         624.502 Service of process fee.—In all instances as
  419  provided in any section of the insurance code and s. 48.151(3)
  420  in which service of process is authorized to be made upon the
  421  Chief Financial Officer or the director of the office, the
  422  plaintiff shall pay to the department or office a fee of $15 for
  423  such service of process, which fee shall be deposited into the
  424  Administrative Trust Fund Insurance Regulatory Trust Fund.
  425         Section 9. This act shall take effect July 1, 2015.