ENROLLED
       2016 Legislature                           SB 908, 1st Engrossed
       
       
       
       
       
       
                                                              2016908er
    1  
    2         An act relating to organization of the Department of
    3         Financial Services; amending ss. 17.04 and 17.0401,
    4         F.S.; authorizing the Chief Financial Officer, rather
    5         than the Division of Accounting and Auditing, to audit
    6         and adjust accounts of officers and those indebted to
    7         the state; making conforming changes; amending s.
    8         20.121, F.S.; revising the divisions and the location
    9         of bureaus within the divisions; revising the
   10         functions of the department; providing duties for the
   11         Division of Investigative and Forensic Services;
   12         amending s. 624.26, F.S.; deleting a cross-reference;
   13         amending s. 624.307, F.S.; providing powers and duties
   14         of the Division of Consumer Services; authorizing the
   15         division to impose certain penalties; authorizing the
   16         department to adopt rules relating to the division;
   17         providing for construction; reenacting and amending s.
   18         624.502, F.S., relating to service of process fees;
   19         providing that a party requesting service of process
   20         shall pay a specified fee to the department or the
   21         Office of Insurance Regulation for such service;
   22         abrogating the scheduled expiration and reversion of
   23         amendments to s. 624.502, F.S.; amending ss. 16.59,
   24         400.9935, 409.91212, 440.105, 440.1051, 440.12,
   25         624.521, 626.016, 626.989, 626.9891, 626.9892,
   26         626.9893, 626.9894, 626.99278, 627.351, 627.711,
   27         627.736, 627.7401, 631.156, and 641.30, F.S., relating
   28         to the renaming of the Division of Insurance Fraud;
   29         conforming provisions to changes made by the act;
   30         making technical changes; amending ss. 282.709,
   31         552.113, 552.21, 633.112, 633.114, 633.122, 633.126,
   32         633.422, 633.508, 633.512, 633.518, and 791.013, F.S.,
   33         relating to the transfer of certain functions to the
   34         Division of Investigative and Forensic Services;
   35         conforming provisions to changes made by the act;
   36         amending ss. 538.32, 717.1241, 717.1323, 717.135,
   37         717.1351, and 717.1400, F.S., relating to the renaming
   38         of the Bureau of Unclaimed Property; conforming
   39         provisions to changes made by the act; making
   40         technical changes; amending s. 932.7055, F.S.;
   41         conforming provisions to changes made by the act;
   42         providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Section 17.04, Florida Statutes, is amended to
   47  read:
   48         17.04 To audit and adjust accounts of officers and those
   49  indebted to the state.—The Chief Financial Officer, using
   50  generally accepted auditing procedures for testing or sampling,
   51  shall examine, audit, adjust, and settle the accounts of all the
   52  officers of this state, and any other person in anywise
   53  entrusted with, or who may have received any property, funds, or
   54  moneys of this state, or who may be in anywise indebted or
   55  accountable to this state for any property, funds, or moneys,
   56  and require such officer or persons to render full accounts
   57  thereof, and to yield up such property or funds according to
   58  law, or pay such moneys into the treasury of this state, or to
   59  such officer or agent of the state as may be appointed to
   60  receive the same, and on failure so to do, to cause to be
   61  instituted and prosecuted proceedings, criminal or civil, at law
   62  or in equity, against such persons, according to law. The Chief
   63  Financial Officer Division of Accounting and Auditing may
   64  conduct investigations within or outside of this state as it
   65  deems necessary to aid in the enforcement of this section. If
   66  during an investigation the Chief Financial Officer division has
   67  reason to believe that any criminal statute of this state has or
   68  may have been violated, the Chief Financial Officer division
   69  shall refer any records tending to show such violation to state
   70  or federal law enforcement or prosecutorial agencies and shall
   71  provide investigative assistance to those agencies as required.
   72         Section 2. Section 17.0401, Florida Statutes, is amended to
   73  read:
   74         17.0401 Confidentiality of information relating to
   75  financial investigations.—Except as otherwise provided by this
   76  section, information relative to an investigation conducted by
   77  the Chief Financial Officer Division of Accounting and Auditing
   78  pursuant to s. 17.04, including any consumer complaint, is
   79  confidential and exempt from the provisions of s. 119.07(1) and
   80  s. 24(a), Art. I of the State Constitution until the
   81  investigation is completed or ceases to be active. Any
   82  information relating to an investigation conducted by the
   83  division pursuant to s. 17.04 shall remain confidential and
   84  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
   85  of the State Constitution after the division’s investigation is
   86  completed or ceases to be active if the Chief Financial Officer
   87  division submits the information to any law enforcement or
   88  prosecutorial agency for further investigation. Such information
   89  shall remain confidential and exempt from the provisions of s.
   90  119.07(1) and s. 24(a), Art. I of the State Constitution until
   91  that agency’s investigation is completed or ceases to be active.
   92  For purposes of this section, an investigation shall be
   93  considered “active” so long as the Chief Financial Officer
   94  division or any law enforcement or prosecutorial agency is
   95  proceeding with reasonable dispatch and has a reasonable good
   96  faith belief that the investigation may lead to the filing of an
   97  administrative, civil, or criminal proceeding. This section
   98  shall not be construed to prohibit disclosure of information
   99  that is required by law to be filed with the Department of
  100  Financial Services or the Office of Financial Regulation and
  101  that, but for the investigation, would otherwise be subject to
  102  public disclosure. Nothing in this section shall be construed to
  103  prohibit the Chief Financial Officer division from providing
  104  information to any law enforcement or prosecutorial agency. Any
  105  law enforcement or prosecutorial agency receiving confidential
  106  information from the Chief Financial Officer division in
  107  connection with its official duties shall maintain the
  108  confidentiality of the information as provided for in this
  109  section.
  110         Section 3. Subsection (2) of section 20.121, Florida
  111  Statutes, is reordered and amended to read:
  112         20.121 Department of Financial Services.—There is created a
  113  Department of Financial Services.
  114         (2) DIVISIONS.—The Department of Financial Services shall
  115  consist of the following divisions and office:
  116         (a) The Division of Accounting and Auditing, which shall
  117  include the following bureau and office:
  118         1.The Bureau of Unclaimed Property.
  119         2.The Office of Fiscal Integrity which shall function as a
  120  criminal justice agency for purposes of ss. 943.045-943.08 and
  121  shall have a separate budget. The office may conduct
  122  investigations within or outside this state as the bureau deems
  123  necessary to aid in the enforcement of this section. If during
  124  an investigation the office has reason to believe that any
  125  criminal law of this state has or may have been violated, the
  126  office shall refer any records tending to show such violation to
  127  state or federal law enforcement or prosecutorial agencies and
  128  shall provide investigative assistance to those agencies as
  129  required.
  130         (b)(h) The Division of Consumer Services.
  131         1.The Division of Consumer Services shall perform the
  132  following functions concerning products or services regulated by
  133  the department or by the Office of Insurance Regulation:
  134         a.Receive inquiries and complaints from consumers.
  135         b.Prepare and disseminate such information as the
  136  department deems appropriate to inform or assist consumers.
  137         c.Provide direct assistance and advocacy for consumers who
  138  request such assistance or advocacy.
  139         d.With respect to apparent or potential violations of law
  140  or applicable rules by a person or entity licensed by the
  141  department or office, report apparent or potential violations to
  142  the office or the appropriate division of the department, which
  143  may take such further action as it deems appropriate.
  144         e.Designate an employee of the division as primary contact
  145  for consumers on issues relating to sinkholes.
  146         2.Any person licensed or issued a certificate of authority
  147  by the department or by the Office of Insurance Regulation shall
  148  respond, in writing, to the Division of Consumer Services within
  149  20 days after receipt of a written request for information from
  150  the division concerning a consumer complaint. The response must
  151  address the issues and allegations raised in the complaint. The
  152  division may impose an administrative penalty for failure to
  153  comply with this subparagraph of up to $2,500 per violation upon
  154  any entity licensed by the department or the office and $250 for
  155  the first violation, $500 for the second violation, and up to
  156  $1,000 per violation thereafter upon any individual licensed by
  157  the department or the office.
  158         3.The department may adopt rules to administer this
  159  paragraph.
  160         4.The powers, duties, and responsibilities expressed or
  161  granted in this paragraph do not limit the powers, duties, and
  162  responsibilities of the Department of Financial Services, the
  163  Financial Services Commission, the Office of Insurance
  164  Regulation, or the Office of Financial Regulation set forth
  165  elsewhere in the Florida Statutes.
  166         (c)(n) The Division of Funeral, Cemetery, and Consumer
  167  Services.
  168         (d)(g) The Division of Insurance Agent and Agency Services.
  169         (e) The Division of Investigative and Forensic Services
  170  which shall function as a criminal justice agency for purposes
  171  of ss. 943.045-943.08. The division may conduct investigations
  172  within or outside of this state as it deems necessary. If,
  173  during an investigation, the division has reason to believe that
  174  any criminal law of this state has or may have been violated, it
  175  shall refer any records tending to show such violation to state
  176  or federal law enforcement or prosecutorial agencies and shall
  177  provide investigative assistance to those agencies as required.
  178  The division shall include the following bureaus and office:
  179         1.The Bureau of Forensic Services;
  180         2.The Bureau of Fire and Arson Investigations; and
  181         3.The Office of Fiscal Integrity, which shall have a
  182  separate budget Insurance Fraud.
  183         (f)(o) The Division of Public Assistance Fraud.
  184         (g)(f) The Division of Rehabilitation and Liquidation.
  185         (h)(c) The Division of Risk Management.
  186         (i)(b) The Division of State Fire Marshal.
  187         (j)(d) The Division of Treasury, which shall include a
  188  Bureau of Deferred Compensation responsible for administering
  189  the Government Employees Deferred Compensation Plan established
  190  under s. 112.215 for state employees.
  191         (k)The Division of Unclaimed Property.
  192         (l)(i) The Division of Workers’ Compensation.
  193         (m)(j) The Division of Administration.
  194         (k)The Division of Legal Services.
  195         (l)The Division of Information Systems.
  196         (n)(m) The Office of Insurance Consumer Advocate.
  197         Section 4. Subsection (4) of section 624.26, Florida
  198  Statutes, is amended to read:
  199         624.26 Collaborative arrangement with the Department of
  200  Health and Human Services.—
  201         (4) The department’s Division of Consumer Services may
  202  respond to complaints by consumers relating to a requirement of
  203  PPACA as authorized under s. 20.121(2)(h), and report apparent
  204  or potential violations to the office and to the federal
  205  Department of Health and Human Services.
  206         Section 5. Subsection (10) is added to section 624.307,
  207  Florida Statutes, to read:
  208         624.307 General powers; duties.—
  209         (10)(a)The Division of Consumer Services shall perform the
  210  following functions concerning products or services regulated by
  211  the department or office:
  212         1.Receive inquiries and complaints from consumers.
  213         2.Prepare and disseminate information that the department
  214  deems appropriate to inform or assist consumers.
  215         3.Provide direct assistance to and advocacy for consumers
  216  who request such assistance or advocacy.
  217         4.With respect to apparent or potential violations of law
  218  or applicable rules committed by a person or entity licensed by
  219  the department or office, report apparent or potential
  220  violations to the office or to the appropriate division of the
  221  department, which may take any additional action it deems
  222  appropriate.
  223         5.Designate an employee of the division as the primary
  224  contact for consumers on issues relating to sinkholes.
  225         (b)Any person licensed or issued a certificate of
  226  authority by the department or the office shall respond, in
  227  writing, to the division within 20 days after receipt of a
  228  written request for information from the division concerning a
  229  consumer complaint. The response must address the issues and
  230  allegations raised in the complaint. The division may impose an
  231  administrative penalty for failure to comply with this paragraph
  232  of up to $2,500 per violation upon any entity licensed by the
  233  department or the office and $250 for the first violation, $500
  234  for the second violation, and up to $1,000 for the third or
  235  subsequent violation upon any individual licensed by the
  236  department or the office.
  237         (c)The department may adopt rules to administer this
  238  subsection.
  239         (d)The powers, duties, and responsibilities expressed or
  240  granted in this subsection do not limit the powers, duties, and
  241  responsibilities of the department, the Financial Services
  242  Commission, the Office of Insurance Regulation, or the Office of
  243  Financial Regulation as otherwise provided by law.
  244         Section 6. Notwithstanding the expiration date in section
  245  41 of chapter 2015-222, Laws of Florida, section 624.502,
  246  Florida Statutes, as amended by chapter 2013-41, Laws of
  247  Florida, is reenacted and amended to read:
  248         624.502 Service of process fee.—In all instances as
  249  provided in any section of the insurance code and s. 48.151(3)
  250  in which service of process is authorized to be made upon the
  251  Chief Financial Officer or the director of the office, the party
  252  requesting service plaintiff shall pay to the department or
  253  office a fee of $15 for such service of process on an authorized
  254  or unauthorized insurer, which fee shall be deposited into the
  255  Administrative Trust Fund.
  256         Section 7. Section 16.59, Florida Statutes, is amended to
  257  read:
  258         16.59 Medicaid fraud control.—The Medicaid Fraud Control
  259  Unit is created in the Department of Legal Affairs to
  260  investigate all violations of s. 409.920 and any criminal
  261  violations discovered during the course of those investigations.
  262  The Medicaid Fraud Control Unit may refer any criminal violation
  263  so uncovered to the appropriate prosecuting authority. The
  264  offices of the Medicaid Fraud Control Unit, the Agency for
  265  Health Care Administration Medicaid program integrity program,
  266  and the Divisions of Investigative and Forensic Services
  267  Insurance Fraud and Public Assistance Fraud within the
  268  Department of Financial Services shall, to the extent possible,
  269  be collocated; however, positions dedicated to Medicaid managed
  270  care fraud within the Medicaid Fraud Control Unit shall be
  271  collocated with the Division of Investigative and Forensic
  272  Services Insurance Fraud. The Agency for Health Care
  273  Administration, the Department of Legal Affairs, and the
  274  Divisions of Investigative and Forensic Services Insurance Fraud
  275  and Public Assistance Fraud within the Department of Financial
  276  Services shall conduct joint training and other joint activities
  277  designed to increase communication and coordination in
  278  recovering overpayments.
  279         Section 8. Subsection (9) of section 400.9935, Florida
  280  Statutes, is amended to read:
  281         400.9935 Clinic responsibilities.—
  282         (9) In addition to the requirements of part II of chapter
  283  408, the clinic shall display a sign in a conspicuous location
  284  within the clinic readily visible to all patients indicating
  285  that, pursuant to s. 626.9892, the Department of Financial
  286  Services may pay rewards of up to $25,000 to persons providing
  287  information leading to the arrest and conviction of persons
  288  committing crimes investigated by the Division of Investigative
  289  and Forensic Services Insurance Fraud arising from violations of
  290  s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234.
  291  An authorized employee of the Division of Investigative and
  292  Forensic Services Insurance Fraud may make unannounced
  293  inspections of a clinic licensed under this part as necessary to
  294  determine whether the clinic is in compliance with this
  295  subsection. A licensed clinic shall allow full and complete
  296  access to the premises to such authorized employee of the
  297  division who makes an inspection to determine compliance with
  298  this subsection.
  299         Section 9. Subsection (6) of section 409.91212, Florida
  300  Statutes, is amended to read:
  301         409.91212 Medicaid managed care fraud.—
  302         (6) Each managed care plan shall report all suspected or
  303  confirmed instances of provider or recipient fraud or abuse
  304  within 15 calendar days after detection to the Office of
  305  Medicaid Program Integrity within the agency. At a minimum the
  306  report must contain the name of the provider or recipient, the
  307  Medicaid billing number or tax identification number, and a
  308  description of the fraudulent or abusive act. The Office of
  309  Medicaid Program Integrity in the agency shall forward the
  310  report of suspected overpayment, abuse, or fraud to the
  311  appropriate investigative unit, including, but not limited to,
  312  the Bureau of Medicaid program integrity, the Medicaid fraud
  313  control unit, the Division of Public Assistance Fraud, the
  314  Division of Investigative and Forensic Services Insurance Fraud,
  315  or the Department of Law Enforcement.
  316         (a) Failure to timely report shall result in an
  317  administrative fine of $1,000 per calendar day after the 15th
  318  day of detection.
  319         (b) Failure to timely report may result in additional
  320  administrative, civil, or criminal penalties.
  321         Section 10. Paragraph (a) of subsection (1) of section
  322  440.105, Florida Statutes, is amended to read:
  323         440.105 Prohibited activities; reports; penalties;
  324  limitations.—
  325         (1)(a) Any insurance carrier, any individual self-insured,
  326  any commercial or group self-insurance fund, any professional
  327  practitioner licensed or regulated by the Department of Health,
  328  except as otherwise provided by law, any medical review
  329  committee as defined in s. 766.101, any private medical review
  330  committee, and any insurer, agent, or other person licensed
  331  under the insurance code, or any employee thereof, having
  332  knowledge or who believes that a fraudulent act or any other act
  333  or practice which, upon conviction, constitutes a felony or
  334  misdemeanor under this chapter is being or has been committed
  335  shall send to the Division of Investigative and Forensic
  336  Services Insurance Fraud, Bureau of Workers’ Compensation Fraud,
  337  a report or information pertinent to such knowledge or belief
  338  and such additional information relative thereto as the bureau
  339  may require. The bureau shall review such information or reports
  340  and select such information or reports as, in its judgment, may
  341  require further investigation. It shall then cause an
  342  independent examination of the facts surrounding such
  343  information or report to be made to determine the extent, if
  344  any, to which a fraudulent act or any other act or practice
  345  which, upon conviction, constitutes a felony or a misdemeanor
  346  under this chapter is being committed. The bureau shall report
  347  any alleged violations of law which its investigations disclose
  348  to the appropriate licensing agency and state attorney or other
  349  prosecuting agency having jurisdiction with respect to any such
  350  violations of this chapter. If prosecution by the state attorney
  351  or other prosecuting agency having jurisdiction with respect to
  352  such violation is not begun within 60 days of the bureau’s
  353  report, the state attorney or other prosecuting agency having
  354  jurisdiction with respect to such violation shall inform the
  355  bureau of the reasons for the lack of prosecution.
  356         Section 11. Subsections (1) and (2) of section 440.1051,
  357  Florida Statutes, are amended to read:
  358         440.1051 Fraud reports; civil immunity; criminal
  359  penalties.—
  360         (1) The Bureau of Workers’ Compensation Insurance Fraud of
  361  the Division of Investigative and Forensic Services Insurance
  362  Fraud of the department shall establish a toll-free telephone
  363  number to receive reports of workers’ compensation fraud
  364  committed by an employee, employer, insurance provider,
  365  physician, attorney, or other person.
  366         (2) Any person who reports workers’ compensation fraud to
  367  the Division of Investigative and Forensic Services Insurance
  368  Fraud under subsection (1) is immune from civil liability for
  369  doing so, and the person or entity alleged to have committed the
  370  fraud may not retaliate against him or her for providing such
  371  report, unless the person making the report knows it to be
  372  false.
  373         Section 12. Paragraph (c) of subsection (1) of section
  374  440.12, Florida Statutes, is amended to read:
  375         440.12 Time for commencement and limits on weekly rate of
  376  compensation.—
  377         (1) Compensation is not allowed for the first 7 days of the
  378  disability, except for benefits provided under s. 440.13.
  379  However, if the injury results in more than 21 days of
  380  disability, compensation is allowed from the commencement of the
  381  disability.
  382         (c) Each carrier shall keep a record of all payments made
  383  under this subsection, including the time and manner of such
  384  payments, and shall furnish these records or a report based on
  385  these records to the Division of Investigative and Forensic
  386  Services Insurance Fraud and the Division of Workers’
  387  Compensation, upon request.
  388         Section 13. Subsection (1) of section 624.521, Florida
  389  Statutes, is amended to read:
  390         624.521 Deposit of certain tax receipts; refund of improper
  391  payments.—
  392         (1) The department of Financial Services shall promptly
  393  deposit in the State Treasury to the credit of the Insurance
  394  Regulatory Trust Fund all “state tax” portions of agents’
  395  licenses collected under s. 624.501 necessary to fund the
  396  Division of Investigative and Forensic Services Insurance Fraud.
  397  The balance of the tax shall be credited to the General Fund.
  398  All moneys received by the department of Financial Services or
  399  the office not in accordance with the provisions of this code or
  400  not in the exact amount as specified by the applicable
  401  provisions of this code shall be returned to the remitter. The
  402  records of the department or office shall show the date and
  403  reason for such return.
  404         Section 14. Subsection (4) of section 626.016, Florida
  405  Statutes, is amended to read:
  406         626.016 Powers and duties of department, commission, and
  407  office.—
  408         (4) Nothing in This section is not intended to limit the
  409  authority of the department and the Division of Investigative
  410  and Forensic Services Insurance Fraud, as specified in s.
  411  626.989.
  412         Section 15. Section 626.989, Florida Statutes, is amended
  413  to read:
  414         626.989 Investigation by department or Division of
  415  Investigative and Forensic Services Insurance Fraud; compliance;
  416  immunity; confidential information; reports to division;
  417  division investigator’s power of arrest.—
  418         (1) For the purposes of this section:
  419         (a) A person commits a “fraudulent insurance act” if the
  420  person:
  421         1. Knowingly and with intent to defraud presents, causes to
  422  be presented, or prepares with knowledge or belief that it will
  423  be presented, to or by an insurer, self-insurer, self-insurance
  424  fund, servicing corporation, purported insurer, broker, or any
  425  agent thereof, any written statement as part of, or in support
  426  of, an application for the issuance of, or the rating of, any
  427  insurance policy, or a claim for payment or other benefit
  428  pursuant to any insurance policy, which the person knows to
  429  contain materially false information concerning any fact
  430  material thereto or if the person conceals, for the purpose of
  431  misleading another, information concerning any fact material
  432  thereto.
  433         2. Knowingly submits:
  434         a. A false, misleading, or fraudulent application or other
  435  document when applying for licensure as a health care clinic,
  436  seeking an exemption from licensure as a health care clinic, or
  437  demonstrating compliance with part X of chapter 400 with an
  438  intent to use the license, exemption from licensure, or
  439  demonstration of compliance to provide services or seek
  440  reimbursement under the Florida Motor Vehicle No-Fault Law.
  441         b. A claim for payment or other benefit pursuant to a
  442  personal injury protection insurance policy under the Florida
  443  Motor Vehicle No-Fault Law if the person knows that the payee
  444  knowingly submitted a false, misleading, or fraudulent
  445  application or other document when applying for licensure as a
  446  health care clinic, seeking an exemption from licensure as a
  447  health care clinic, or demonstrating compliance with part X of
  448  chapter 400.
  449         (b) The term “insurer” also includes a health maintenance
  450  organization, and the term “insurance policy” also includes a
  451  health maintenance organization subscriber contract.
  452         (2) If, by its own inquiries or as a result of complaints,
  453  the department or its Division of Investigative and Forensic
  454  Services Insurance Fraud has reason to believe that a person has
  455  engaged in, or is engaging in, a fraudulent insurance act, an
  456  act or practice that violates s. 626.9541 or s. 817.234, or an
  457  act or practice punishable under s. 624.15, it may administer
  458  oaths and affirmations, request the attendance of witnesses or
  459  proffering of matter, and collect evidence. The department or
  460  its Division of Investigative and Forensic Services shall not
  461  compel the attendance of any person or matter in any such
  462  investigation except pursuant to subsection (4).
  463         (3) If matter that the department or its division seeks to
  464  obtain by request is located outside the state, the person so
  465  requested may make it available to the division or its
  466  representative to examine the matter at the place where it is
  467  located. The division may designate representatives, including
  468  officials of the state in which the matter is located, to
  469  inspect the matter on its behalf, and it may respond to similar
  470  requests from officials of other states.
  471         (4)(a) The department or its division may request that an
  472  individual who refuses to comply with any such request be
  473  ordered by the circuit court to provide the testimony or matter.
  474  The court shall not order such compliance unless the department
  475  or its division has demonstrated to the satisfaction of the
  476  court that the testimony of the witness or the matter under
  477  request has a direct bearing on the commission of a fraudulent
  478  insurance act, on a violation of s. 626.9541 or s. 817.234, or
  479  on an act or practice punishable under s. 624.15 or is pertinent
  480  and necessary to further such investigation.
  481         (b) Except in a prosecution for perjury, an individual who
  482  complies with a court order to provide testimony or matter after
  483  asserting a privilege against self-incrimination to which the
  484  individual is entitled by law may not be subjected to a criminal
  485  proceeding or to a civil penalty with respect to the act
  486  concerning which the individual is required to testify or
  487  produce relevant matter.
  488         (c) In the absence of fraud or bad faith, a person is not
  489  subject to civil liability for libel, slander, or any other
  490  relevant tort by virtue of filing reports, without malice, or
  491  furnishing other information, without malice, required by this
  492  section or required by the department or division under the
  493  authority granted in this section, and no civil cause of action
  494  of any nature shall arise against such person:
  495         1. For any information relating to suspected fraudulent
  496  insurance acts or persons suspected of engaging in such acts
  497  furnished to or received from law enforcement officials, their
  498  agents, or employees;
  499         2. For any information relating to suspected fraudulent
  500  insurance acts or persons suspected of engaging in such acts
  501  furnished to or received from other persons subject to the
  502  provisions of this chapter;
  503         3. For any such information furnished in reports to the
  504  department, the division, the National Insurance Crime Bureau,
  505  the National Association of Insurance Commissioners, or any
  506  local, state, or federal enforcement officials or their agents
  507  or employees; or
  508         4. For other actions taken in cooperation with any of the
  509  agencies or individuals specified in this paragraph in the
  510  lawful investigation of suspected fraudulent insurance acts.
  511         (d) In addition to the immunity granted in paragraph (c),
  512  persons identified as designated employees whose
  513  responsibilities include the investigation and disposition of
  514  claims relating to suspected fraudulent insurance acts may share
  515  information relating to persons suspected of committing
  516  fraudulent insurance acts with other designated employees
  517  employed by the same or other insurers whose responsibilities
  518  include the investigation and disposition of claims relating to
  519  fraudulent insurance acts, provided the department has been
  520  given written notice of the names and job titles of such
  521  designated employees prior to such designated employees sharing
  522  information. Unless the designated employees of the insurer act
  523  in bad faith or in reckless disregard for the rights of any
  524  insured, neither the insurer nor its designated employees are
  525  civilly liable for libel, slander, or any other relevant tort,
  526  and a civil action does not arise against the insurer or its
  527  designated employees:
  528         1. For any information related to suspected fraudulent
  529  insurance acts provided to an insurer; or
  530         2. For any information relating to suspected fraudulent
  531  insurance acts provided to the National Insurance Crime Bureau
  532  or the National Association of Insurance Commissioners.
  533  
  534  Provided, however, that the qualified immunity against civil
  535  liability conferred on any insurer or its designated employees
  536  shall be forfeited with respect to the exchange or publication
  537  of any defamatory information with third persons not expressly
  538  authorized by this paragraph to share in such information.
  539         (e) The Chief Financial Officer and any employee or agent
  540  of the department, commission, office, or division, when acting
  541  without malice and in the absence of fraud or bad faith, is not
  542  subject to civil liability for libel, slander, or any other
  543  relevant tort, and no civil cause of action of any nature exists
  544  against such person by virtue of the execution of official
  545  activities or duties of the department, commission, or office
  546  under this section or by virtue of the publication of any report
  547  or bulletin related to the official activities or duties of the
  548  department, division, commission, or office under this section.
  549         (f) This section does not abrogate or modify in any way any
  550  common-law or statutory privilege or immunity heretofore enjoyed
  551  by any person.
  552         (5) The office’s and the department’s papers, documents,
  553  reports, or evidence relative to the subject of an investigation
  554  under this section are confidential and exempt from the
  555  provisions of s. 119.07(1) until such investigation is completed
  556  or ceases to be active. For purposes of this subsection, an
  557  investigation is considered “active” while the investigation is
  558  being conducted by the office or department with a reasonable,
  559  good faith belief that it could lead to the filing of
  560  administrative, civil, or criminal proceedings. An investigation
  561  does not cease to be active if the office or department is
  562  proceeding with reasonable dispatch and has a good faith belief
  563  that action could be initiated by the office or department or
  564  other administrative or law enforcement agency. After an
  565  investigation is completed or ceases to be active, portions of
  566  records relating to the investigation shall remain exempt from
  567  the provisions of s. 119.07(1) if disclosure would:
  568         (a) Jeopardize the integrity of another active
  569  investigation;
  570         (b) Impair the safety and soundness of an insurer;
  571         (c) Reveal personal financial information;
  572         (d) Reveal the identity of a confidential source;
  573         (e) Defame or cause unwarranted damage to the good name or
  574  reputation of an individual or jeopardize the safety of an
  575  individual; or
  576         (f) Reveal investigative techniques or procedures. Further,
  577  such papers, documents, reports, or evidence relative to the
  578  subject of an investigation under this section shall not be
  579  subject to discovery until the investigation is completed or
  580  ceases to be active. Office, department, or division
  581  investigators shall not be subject to subpoena in civil actions
  582  by any court of this state to testify concerning any matter of
  583  which they have knowledge pursuant to a pending insurance fraud
  584  investigation by the division.
  585         (6) Any person, other than an insurer, agent, or other
  586  person licensed under the code, or an employee thereof, having
  587  knowledge or who believes that a fraudulent insurance act or any
  588  other act or practice which, upon conviction, constitutes a
  589  felony or a misdemeanor under the code, or under s. 817.234, is
  590  being or has been committed may send to the Division of
  591  Investigative and Forensic Services Insurance Fraud a report or
  592  information pertinent to such knowledge or belief and such
  593  additional information relative thereto as the department may
  594  request. Any professional practitioner licensed or regulated by
  595  the Department of Business and Professional Regulation, except
  596  as otherwise provided by law, any medical review committee as
  597  defined in s. 766.101, any private medical review committee, and
  598  any insurer, agent, or other person licensed under the code, or
  599  an employee thereof, having knowledge or who believes that a
  600  fraudulent insurance act or any other act or practice which,
  601  upon conviction, constitutes a felony or a misdemeanor under the
  602  code, or under s. 817.234, is being or has been committed shall
  603  send to the Division of Investigative and Forensic Services
  604  Insurance Fraud a report or information pertinent to such
  605  knowledge or belief and such additional information relative
  606  thereto as the department may require. The Division of
  607  Investigative and Forensic Services Insurance Fraud shall review
  608  such information or reports and select such information or
  609  reports as, in its judgment, may require further investigation.
  610  It shall then cause an independent examination of the facts
  611  surrounding such information or report to be made to determine
  612  the extent, if any, to which a fraudulent insurance act or any
  613  other act or practice which, upon conviction, constitutes a
  614  felony or a misdemeanor under the code, or under s. 817.234, is
  615  being committed. The Division of Investigative and Forensic
  616  Services Insurance Fraud shall report any alleged violations of
  617  law which its investigations disclose to the appropriate
  618  licensing agency and state attorney or other prosecuting agency
  619  having jurisdiction with respect to any such violation, as
  620  provided in s. 624.310. If prosecution by the state attorney or
  621  other prosecuting agency having jurisdiction with respect to
  622  such violation is not begun within 60 days of the division’s
  623  report, the state attorney or other prosecuting agency having
  624  jurisdiction with respect to such violation shall inform the
  625  division of the reasons for the lack of prosecution.
  626         (7) Division investigators shall have the power to make
  627  arrests for criminal violations established as a result of
  628  investigations. Such investigators shall also be considered
  629  state law enforcement officers for all purposes and shall have
  630  the power to execute arrest warrants and search warrants; to
  631  serve subpoenas issued for the examination, investigation, and
  632  trial of all offenses; and to arrest upon probable cause without
  633  warrant any person found in the act of violating any of the
  634  provisions of applicable laws. Investigators empowered to make
  635  arrests under this section shall be empowered to bear arms in
  636  the performance of their duties. In such a situation, the
  637  investigator must be certified in compliance with the provisions
  638  of s. 943.1395 or must meet the temporary employment or
  639  appointment exemption requirements of s. 943.131 until
  640  certified.
  641         (8) It is unlawful for any person to resist an arrest
  642  authorized by this section or in any manner to interfere, either
  643  by abetting or assisting such resistance or otherwise
  644  interfering, with division investigators in the duties imposed
  645  upon them by law or department rule.
  646         (9) In recognition of the complementary roles of
  647  investigating instances of workers’ compensation fraud and
  648  enforcing compliance with the workers’ compensation coverage
  649  requirements under chapter 440, the Department of Financial
  650  Services shall prepare and submit a joint performance report to
  651  the President of the Senate and the Speaker of the House of
  652  Representatives by January 1 of each year. The annual report
  653  must include, but need not be limited to:
  654         (a) The total number of initial referrals received, cases
  655  opened, cases presented for prosecution, cases closed, and
  656  convictions resulting from cases presented for prosecution by
  657  the Bureau of Workers’ Compensation Insurance Fraud by type of
  658  workers’ compensation fraud and circuit.
  659         (b) The number of referrals received from insurers and the
  660  Division of Workers’ Compensation and the outcome of those
  661  referrals.
  662         (c) The number of investigations undertaken by the Bureau
  663  of Workers’ Compensation Insurance Fraud which were not the
  664  result of a referral from an insurer or the Division of Workers’
  665  Compensation.
  666         (d) The number of investigations that resulted in a
  667  referral to a regulatory agency and the disposition of those
  668  referrals.
  669         (e) The number and reasons provided by local prosecutors or
  670  the statewide prosecutor for declining prosecution of a case
  671  presented by the Bureau of Workers’ Compensation Insurance Fraud
  672  by circuit.
  673         (f) The total number of employees assigned to the Bureau of
  674  Workers’ Compensation Insurance Fraud and the Division of
  675  Workers’ Compensation Bureau of Compliance delineated by
  676  location of staff assigned; and the number and location of
  677  employees assigned to the Bureau of Workers’ Compensation
  678  Insurance Fraud who were assigned to work other types of fraud
  679  cases.
  680         (g) The average caseload and turnaround time by type of
  681  case for each investigator and division compliance employee.
  682         (h) The training provided during the year to workers’
  683  compensation fraud investigators and the division’s compliance
  684  employees.
  685         Section 16. Subsections (1), (2), and (3) of section
  686  626.9891, Florida Statutes, are amended to read:
  687         626.9891 Insurer anti-fraud investigative units; reporting
  688  requirements; penalties for noncompliance.—
  689         (1) Every insurer admitted to do business in this state who
  690  in the previous calendar year, at any time during that year, had
  691  $10 million or more in direct premiums written shall:
  692         (a) Establish and maintain a unit or division within the
  693  company to investigate possible fraudulent claims by insureds or
  694  by persons making claims for services or repairs against
  695  policies held by insureds; or
  696         (b) Contract with others to investigate possible fraudulent
  697  claims for services or repairs against policies held by
  698  insureds.
  699  
  700  An insurer subject to this subsection shall file with the
  701  Division of Investigative and Forensic Services Insurance Fraud
  702  of the department on or before July 1, 1996, a detailed
  703  description of the unit or division established pursuant to
  704  paragraph (a) or a copy of the contract and related documents
  705  required by paragraph (b).
  706         (2) Every insurer admitted to do business in this state,
  707  which in the previous calendar year had less than $10 million in
  708  direct premiums written, must adopt an anti-fraud plan and file
  709  it with the Division of Investigative and Forensic Services
  710  Insurance Fraud of the department on or before July 1, 1996. An
  711  insurer may, in lieu of adopting and filing an anti-fraud plan,
  712  comply with the provisions of subsection (1).
  713         (3) Each insurers anti-fraud plans shall include:
  714         (a) A description of the insurer’s procedures for detecting
  715  and investigating possible fraudulent insurance acts;
  716         (b) A description of the insurer’s procedures for the
  717  mandatory reporting of possible fraudulent insurance acts to the
  718  Division of Investigative and Forensic Services Insurance Fraud
  719  of the department;
  720         (c) A description of the insurer’s plan for anti-fraud
  721  education and training of its claims adjusters or other
  722  personnel; and
  723         (d) A written description or chart outlining the
  724  organizational arrangement of the insurer’s anti-fraud personnel
  725  who are responsible for the investigation and reporting of
  726  possible fraudulent insurance acts.
  727         Section 17. Subsection (2) of section 626.9892, Florida
  728  Statutes, is amended to read:
  729         626.9892 Anti-Fraud Reward Program; reporting of insurance
  730  fraud.—
  731         (2) The department may pay rewards of up to $25,000 to
  732  persons providing information leading to the arrest and
  733  conviction of persons committing crimes investigated by the
  734  Division of Investigative and Forensic Services Insurance Fraud
  735  arising from violations of s. 440.105, s. 624.15, s. 626.9541,
  736  s. 626.989, or s. 817.234.
  737         Section 18. Subsection (1) of section 626.9893, Florida
  738  Statutes, is amended to read:
  739         626.9893 Disposition of revenues; criminal or forfeiture
  740  proceedings.—
  741         (1) The Division of Investigative and Forensic Services
  742  Insurance Fraud of the Department of Financial Services may
  743  deposit revenues received as a result of criminal proceedings or
  744  forfeiture proceedings, other than revenues deposited into the
  745  Department of Financial Services’ Federal Law Enforcement Trust
  746  Fund under s. 17.43, into the Insurance Regulatory Trust Fund.
  747  Moneys deposited pursuant to this section shall be separately
  748  accounted for and shall be used solely for the division to carry
  749  out its duties and responsibilities.
  750         Section 19. Subsection (2) of section 626.9894, Florida
  751  Statutes, is amended to read:
  752         626.9894 Gifts and grants.—
  753         (2) All rights to, interest in, and title to such donated
  754  or granted property shall immediately vest in the Division of
  755  Investigative and Forensic Services Insurance Fraud upon
  756  donation. The division may hold such property in coownership,
  757  sell its interest in the property, liquidate its interest in the
  758  property, or dispose of its interest in the property in any
  759  other reasonable manner.
  760         Section 20. Section 626.99278, Florida Statutes, is amended
  761  to read:
  762         626.99278 Viatical provider anti-fraud plan.—Every licensed
  763  viatical settlement provider and registered life expectancy
  764  provider must adopt an anti-fraud plan and file it with the
  765  Division of Investigative and Forensic Services Insurance Fraud
  766  of the department. Each anti-fraud plan shall include:
  767         (1) A description of the procedures for detecting and
  768  investigating possible fraudulent acts and procedures for
  769  resolving material inconsistencies between medical records and
  770  insurance applications.
  771         (2) A description of the procedures for the mandatory
  772  reporting of possible fraudulent insurance acts and prohibited
  773  practices set forth in s. 626.99275 to the Division of
  774  Investigative and Forensic Services Insurance Fraud of the
  775  department.
  776         (3) A description of the plan for anti-fraud education and
  777  training of its underwriters or other personnel.
  778         (4) A written description or chart outlining the
  779  organizational arrangement of the anti-fraud personnel who are
  780  responsible for the investigation and reporting of possible
  781  fraudulent insurance acts and for the investigation of
  782  unresolved material inconsistencies between medical records and
  783  insurance applications.
  784         (5) For viatical settlement providers, a description of the
  785  procedures used to perform initial and continuing review of the
  786  accuracy of life expectancies used in connection with a viatical
  787  settlement contract or viatical settlement investment.
  788         Section 21. Paragraph (k) of subsection (6) of section
  789  627.351, Florida Statutes, is amended to read:
  790         627.351 Insurance risk apportionment plans.—
  791         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  792         (k)1. The corporation shall establish and maintain a unit
  793  or division to investigate possible fraudulent claims by
  794  insureds or by persons making claims for services or repairs
  795  against policies held by insureds; or it may contract with
  796  others to investigate possible fraudulent claims for services or
  797  repairs against policies held by the corporation pursuant to s.
  798  626.9891. The corporation must comply with reporting
  799  requirements of s. 626.9891. An employee of the corporation
  800  shall notify the corporation’s Office of the Inspector General
  801  and the Division of Investigative and Forensic Services
  802  Insurance Fraud within 48 hours after having information that
  803  would lead a reasonable person to suspect that fraud may have
  804  been committed by any employee of the corporation.
  805         2. The corporation shall establish a unit or division
  806  responsible for receiving and responding to consumer complaints,
  807  which unit or division is the sole responsibility of a senior
  808  manager of the corporation.
  809         Section 22. Subsections (4) and (7) of section 627.711,
  810  Florida Statutes, are amended to read:
  811         627.711 Notice of premium discounts for hurricane loss
  812  mitigation; uniform mitigation verification inspection form.—
  813         (4) An authorized mitigation inspector that signs a uniform
  814  mitigation form, and a direct employee authorized to conduct
  815  mitigation verification inspections under subsection paragraph
  816  (3), may not commit misconduct in performing hurricane
  817  mitigation inspections or in completing a uniform mitigation
  818  form that causes financial harm to a customer or their insurer;
  819  or that jeopardizes a customer’s health and safety. Misconduct
  820  occurs when an authorized mitigation inspector signs a uniform
  821  mitigation verification form that:
  822         (a) Falsely indicates that he or she personally inspected
  823  the structures referenced by the form;
  824         (b) Falsely indicates the existence of a feature which
  825  entitles an insured to a mitigation discount which the inspector
  826  knows does not exist or did not personally inspect;
  827         (c) Contains erroneous information due to the gross
  828  negligence of the inspector; or
  829         (d) Contains a pattern of demonstrably false information
  830  regarding the existence of mitigation features that could give
  831  an insured a false evaluation of the ability of the structure to
  832  withstand major damage from a hurricane endangering the safety
  833  of the insured’s life and property.
  834         (7) An insurer, person, or other entity that obtains
  835  evidence of fraud or evidence that an authorized mitigation
  836  inspector or an employee authorized to conduct mitigation
  837  verification inspections under subsection paragraph (3) has made
  838  false statements in the completion of a mitigation inspection
  839  form shall file a report with the Division of Investigative and
  840  Forensic Services Insurance Fraud, along with all of the
  841  evidence in its possession that supports the allegation of fraud
  842  or falsity. An insurer, person, or other entity making the
  843  report shall be immune from liability, in accordance with s.
  844  626.989(4), for any statements made in the report, during the
  845  investigation, or in connection with the report. The Division of
  846  Investigative and Forensic Services Insurance Fraud shall issue
  847  an investigative report if it finds that probable cause exists
  848  to believe that the authorized mitigation inspector, or an
  849  employee authorized to conduct mitigation verification
  850  inspections under subsection paragraph (3), made intentionally
  851  false or fraudulent statements in the inspection form. Upon
  852  conclusion of the investigation and a finding of probable cause
  853  that a violation has occurred, the Division of Investigative and
  854  Forensic Services Insurance Fraud shall send a copy of the
  855  investigative report to the office and a copy to the agency
  856  responsible for the professional licensure of the authorized
  857  mitigation inspector, whether or not a prosecutor takes action
  858  based upon the report.
  859         Section 23. Paragraph (i) of subsection (4) and subsection
  860  (14) of section 627.736, Florida Statutes, are amended to read:
  861         627.736 Required personal injury protection benefits;
  862  exclusions; priority; claims.—
  863         (4) PAYMENT OF BENEFITS.—Benefits due from an insurer under
  864  ss. 627.730-627.7405 are primary, except that benefits received
  865  under any workers’ compensation law must be credited against the
  866  benefits provided by subsection (1) and are due and payable as
  867  loss accrues upon receipt of reasonable proof of such loss and
  868  the amount of expenses and loss incurred which are covered by
  869  the policy issued under ss. 627.730-627.7405. If the Agency for
  870  Health Care Administration provides, pays, or becomes liable for
  871  medical assistance under the Medicaid program related to injury,
  872  sickness, disease, or death arising out of the ownership,
  873  maintenance, or use of a motor vehicle, the benefits under ss.
  874  627.730-627.7405 are subject to the Medicaid program. However,
  875  within 30 days after receiving notice that the Medicaid program
  876  paid such benefits, the insurer shall repay the full amount of
  877  the benefits to the Medicaid program.
  878         (i) If an insurer has a reasonable belief that a fraudulent
  879  insurance act, for the purposes of s. 626.989 or s. 817.234, has
  880  been committed, the insurer shall notify the claimant, in
  881  writing, within 30 days after submission of the claim that the
  882  claim is being investigated for suspected fraud. Beginning at
  883  the end of the initial 30-day period, the insurer has an
  884  additional 60 days to conduct its fraud investigation.
  885  Notwithstanding subsection (10), no later than 90 days after the
  886  submission of the claim, the insurer must deny the claim or pay
  887  the claim with simple interest as provided in paragraph (d).
  888  Interest shall be assessed from the day the claim was submitted
  889  until the day the claim is paid. All claims denied for suspected
  890  fraudulent insurance acts shall be reported to the Division of
  891  Investigative and Forensic Services Insurance Fraud.
  892         (14) FRAUD ADVISORY NOTICE.—Upon receiving notice of a
  893  claim under this section, an insurer shall provide a notice to
  894  the insured or to a person for whom a claim for reimbursement
  895  for diagnosis or treatment of injuries has been filed, advising
  896  that:
  897         (a) Pursuant to s. 626.9892, the Department of Financial
  898  Services may pay rewards of up to $25,000 to persons providing
  899  information leading to the arrest and conviction of persons
  900  committing crimes investigated by the Division of Investigative
  901  and Forensic Services Insurance Fraud arising from violations of
  902  s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234.
  903         (b) Solicitation of a person injured in a motor vehicle
  904  crash for purposes of filing personal injury protection or tort
  905  claims could be a violation of s. 817.234, s. 817.505, or the
  906  rules regulating The Florida Bar and should be immediately
  907  reported to the Division of Investigative and Forensic Services
  908  Insurance Fraud if such conduct has taken place.
  909         Section 24. Paragraphs (b) and (c) of subsection (1) of
  910  section 627.7401, Florida Statutes, are amended to read:
  911         627.7401 Notification of insured’s rights.—
  912         (1) The commission, by rule, shall adopt a form for the
  913  notification of insureds of their right to receive personal
  914  injury protection benefits under the Florida Motor Vehicle No
  915  Fault Law. Such notice shall include:
  916         (b) An advisory informing insureds that:
  917         1. Pursuant to s. 626.9892, the Department of Financial
  918  Services may pay rewards of up to $25,000 to persons providing
  919  information leading to the arrest and conviction of persons
  920  committing crimes investigated by the Division of Investigative
  921  and Forensic Services Insurance Fraud arising from violations of
  922  s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234.
  923         2. Pursuant to s. 627.736(5)(e)1., if the insured notifies
  924  the insurer of a billing error, the insured may be entitled to a
  925  certain percentage of a reduction in the amount paid by the
  926  insured’s motor vehicle insurer.
  927         (c) A notice that solicitation of a person injured in a
  928  motor vehicle crash for purposes of filing personal injury
  929  protection or tort claims could be a violation of s. 817.234, s
  930  817.505, or the rules regulating The Florida Bar and should be
  931  immediately reported to the Division of Investigative and
  932  Forensic Services Insurance Fraud if such conduct has taken
  933  place.
  934         Section 25. Subsection (2) of section 631.156, Florida
  935  Statutes, is amended to read:
  936         631.156 Investigation by the department; scope of
  937  authority; sharing of materials.—
  938         (2) The department may provide documents, books, and
  939  records; other investigative products, work product, and
  940  analysis; and copies of any or all of such materials to the
  941  Division of Investigative and Forensic Services Insurance Fraud
  942  or any other appropriate government agency. The sharing of these
  943  materials does shall not waive any work product or other
  944  privilege otherwise applicable under law.
  945         Section 26. Subsection (4) of section 641.30, Florida
  946  Statutes, is amended to read:
  947         641.30 Construction and relationship to other laws.—
  948         (4) The Division of Investigative and Forensic Services
  949  Insurance Fraud of the department is vested with all powers
  950  granted to it under the Florida Insurance Code with respect to
  951  the investigation of any violation of this part.
  952         Section 27. Paragraph (a) of subsection (2) of section
  953  282.709, Florida Statutes, is amended to read:
  954         282.709 State agency law enforcement radio system and
  955  interoperability network.—
  956         (2) The Joint Task Force on State Agency Law Enforcement
  957  Communications is created adjunct to the department to advise
  958  the department of member-agency needs relating to the planning,
  959  designing, and establishment of the statewide communication
  960  system.
  961         (a) The Joint Task Force on State Agency Law Enforcement
  962  Communications shall consist of the following members:
  963         1. A representative of the Division of Alcoholic Beverages
  964  and Tobacco of the Department of Business and Professional
  965  Regulation who shall be appointed by the secretary of the
  966  department.
  967         2. A representative of the Division of Florida Highway
  968  Patrol of the Department of Highway Safety and Motor Vehicles
  969  who shall be appointed by the executive director of the
  970  department.
  971         3. A representative of the Department of Law Enforcement
  972  who shall be appointed by the executive director of the
  973  department.
  974         4. A representative of the Fish and Wildlife Conservation
  975  Commission who shall be appointed by the executive director of
  976  the commission.
  977         5. A representative of the Department of Corrections who
  978  shall be appointed by the secretary of the department.
  979         6. A representative of the Division of Investigative and
  980  Forensic Services State Fire Marshal of the Department of
  981  Financial Services who shall be appointed by the Chief Financial
  982  Officer State Fire Marshal.
  983         7. A representative of the Department of Agriculture and
  984  Consumer Services who shall be appointed by the Commissioner of
  985  Agriculture.
  986         Section 28. Subsection (3) of section 552.113, Florida
  987  Statutes, is amended to read:
  988         552.113 Reports of thefts, illegal use, or illegal
  989  possession.—
  990         (3) The Division of Investigative and Forensic Services
  991  shall investigate, or be certain that a qualified law
  992  enforcement agency investigates, the cause and circumstances of
  993  each theft, illegal use, or illegal possession of explosives
  994  which occurs within the state. A report of each such
  995  investigation shall be made and maintained by the Division of
  996  Investigative and Forensic Services.
  997         Section 29. Subsections (1) and (2) of section 552.21,
  998  Florida Statutes, are amended to read:
  999         552.21 Confiscation and disposal of explosives.—
 1000         (1) Whenever the department division shall have reason to
 1001  believe that any person is or has been violating the provisions
 1002  of this chapter or any rules or regulations adopted and
 1003  promulgated pursuant thereto, the department division may,
 1004  without further process of law, confiscate the explosives in
 1005  question and cause them to be stored in a safe manner, or, if
 1006  any explosives are deemed by the department division to be in
 1007  such a state or condition as to constitute a hazard to life or
 1008  property, the department division may dispose of such explosives
 1009  without further process of law. The department division is
 1010  authorized to dispose of any abandoned explosives that it deems
 1011  to be hazardous to life or property.
 1012         (2) If the person so charged is found guilty of violating
 1013  the provisions of this chapter or any rule or regulation adopted
 1014  pursuant thereto with regard to the possession, handling, or
 1015  storage of explosives, the department division is authorized to
 1016  dispose of the confiscated materials in such a way as it shall
 1017  deem equitable.
 1018         Section 30. Paragraph (c) of subsection (6) of section
 1019  633.112, Florida Statutes, is amended to read:
 1020         633.112 State Fire Marshal; hearings; investigations;
 1021  recordkeeping and reports; subpoenas of witnesses; orders of
 1022  circuit court.—
 1023         (6) Upon request, the State Fire Marshal shall investigate
 1024  the cause, origin, and circumstances of fires and explosions
 1025  occurring in this state wherein property has been damaged or
 1026  destroyed and there is probable cause to believe that the fire
 1027  or explosion was the result of carelessness or design.
 1028         (c) The State Fire Marshal division shall adopt rules to
 1029  assist local fire officials and law enforcement officers in
 1030  determining the established responsibilities with respect to the
 1031  initial or preliminary assessment of fire and explosion scenes,
 1032  and the determination of whether probable cause exists to refer
 1033  such scenes to the State Fire Marshal for an investigation.
 1034         Section 31. Subsection (1) of section 633.114, Florida
 1035  Statutes, is amended to read:
 1036         633.114 State Fire Marshal agents; authority; duties;
 1037  compensation.—
 1038         (1) The State Fire Marshal shall appoint such agents,
 1039  including agents of the Division of Investigative and Forensic
 1040  Services, as may be necessary to carry out effectively this
 1041  chapter, who shall be reimbursed for travel expenses as provided
 1042  in s. 112.061, in addition to their salary, when traveling or
 1043  making investigations in the performance of their duties. Such
 1044  agents, including agents of the Division of Investigative and
 1045  Forensic Services, shall be at all times under the direction and
 1046  control of the State Fire Marshal, who shall fix their
 1047  compensation, and all orders shall be issued in the State Fire
 1048  Marshal’s name and by her or his authority.
 1049         Section 32. Section 633.122, Florida Statutes, is amended
 1050  to read:
 1051         633.122 Impersonating State Fire Marshal, firefighter,
 1052  volunteer firefighter, or firesafety inspector; criminal
 1053  penalties.—A person who falsely assumes or pretends to be the
 1054  State Fire Marshal, an agent of the State Fire Marshal division,
 1055  a firefighter, a volunteer firefighter, or a firesafety
 1056  inspector by identifying herself or himself as the State Fire
 1057  Marshal, an agent of the State Fire Marshal division, a
 1058  firefighter, a volunteer firefighter, or a firesafety inspector
 1059  by wearing a uniform or presenting or displaying a badge as
 1060  credentials that would cause a reasonable person to believe that
 1061  she or he is a State Fire Marshal, an agent of the State Fire
 1062  Marshal division, a firefighter, a volunteer firefighter, or
 1063  firesafety inspector commits a felony of the third degree,
 1064  punishable as provided in ss. 775.082 and 775.083 or, if the
 1065  impersonation occurs during the commission of a separate felony
 1066  by that person, commits a felony of the first degree, punishable
 1067  as provided in ss. 775.082 and 775.083.
 1068         Section 33. Paragraph (b) of subsection (1) of section
 1069  633.126, Florida Statutes, is amended to read:
 1070         633.126 Investigation of fraudulent insurance claims and
 1071  crimes; immunity of insurance companies supplying information.—
 1072         (1)
 1073         (b) The State Fire Marshal or an agent appointed pursuant
 1074  to s. 633.114, an agent of the Division of Investigative and
 1075  Forensic Services, any law enforcement officer as defined in s.
 1076  111.065, any law enforcement officer of a federal agency, or any
 1077  fire service provider official who is engaged in the
 1078  investigation of a fire or explosion loss may request any
 1079  insurance company or its agent, adjuster, employee, or attorney,
 1080  investigating a claim under an insurance policy or contract with
 1081  respect to a fire or explosion to release any information
 1082  whatsoever in the possession of the insurance company or its
 1083  agent, adjuster, employee, or attorney relative to a loss from
 1084  that fire or explosion. The insurance company shall release the
 1085  available information to and cooperate with any official
 1086  authorized to request such information pursuant to this section.
 1087  The information shall include, but shall not be limited to:
 1088         1. Any insurance policy relevant to a loss under
 1089  investigation and any application for such a policy.
 1090         2. Any policy premium payment records.
 1091         3. The records, reports, and all material pertaining to any
 1092  previous claims made by the insured with the reporting company.
 1093         4. Material relating to the investigation of the loss,
 1094  including statements of a person, proof of loss, and other
 1095  relevant evidence.
 1096         5. Memoranda, notes, and correspondence relating to the
 1097  investigation of the loss in the possession of the insurance
 1098  company or its agents, adjusters, employees, or attorneys.
 1099         Section 34. Subsection (5) of section 633.422, Florida
 1100  Statutes, is amended to read:
 1101         633.422 Firefighters; supplemental compensation.—
 1102         (5) APPLICABILITY.—For the purposes of this section, the
 1103  department division shall be considered a fire service provider
 1104  responsible for the payment of supplemental compensation in
 1105  accordance with this section to firefighters employed full time
 1106  by the department division.
 1107         Section 35. Subsection (7) of section 633.508, Florida
 1108  Statutes, is amended to read:
 1109         633.508 Workplace safety; rulemaking authority; division
 1110  authority.—
 1111         (7) The department division shall:
 1112         (a) Investigate and prescribe by rule what safety devices,
 1113  safeguards, or other means of protection must be adopted for the
 1114  prevention of accidents and injuries in every firefighter
 1115  employee place of employment or at any fire scene; determine
 1116  what suitable devices, safeguards, or other means of protection
 1117  for the prevention of occupational diseases must be adopted or
 1118  followed in any or all such firefighter places of employment or
 1119  at any emergency fire scene; and adopt reasonable rules for the
 1120  prevention of accidents, the safety, protection, and security of
 1121  firefighter employees engaged in interior firefighting, and the
 1122  prevention of occupational diseases.
 1123         (b) Ascertain, fix, and order such reasonable standards and
 1124  rules for the construction, repair, and maintenance of
 1125  firefighter employee places of employment so as to render them
 1126  safe. Such rules and standards shall be adopted in accordance
 1127  with chapter 120.
 1128         (c) Adopt rules prescribing recordkeeping responsibilities
 1129  for firefighter employers, which may include maintaining a log
 1130  and summary of occupational injuries, diseases, and illnesses,
 1131  for producing on request a notice of injury and firefighter
 1132  employee accident investigation records, and prescribing a
 1133  retention schedule for such records.
 1134         Section 36. Section 633.512, Florida Statutes, is amended
 1135  to read:
 1136         633.512 Compliance.—Failure of a firefighter employer or an
 1137  insurer to comply with this part, or with any rules adopted
 1138  under this part, constitutes grounds for the department division
 1139  to seek remedies, including injunctive relief, by making
 1140  appropriate filings with the circuit court.
 1141         Section 37. Subsection (1) of section 633.518, Florida
 1142  Statutes, is amended to read:
 1143         633.518 Studies, investigations, inspections, or inquiries
 1144  by the division; refusal to admit; penalty.—
 1145         (1) The department division shall make studies,
 1146  investigations, inspections, or inquiries with respect to
 1147  compliance with this part or any rules authorized under this
 1148  part and the causes of firefighter employee injuries, illnesses,
 1149  safety-based complaints, or Line of Duty Deaths (LODD) as
 1150  defined in rule in firefighter employee places of employment and
 1151  shall make such recommendations to the Legislature and
 1152  firefighter employers and insurers as the department division
 1153  considers proper to prevent or reduce future occurrences. In
 1154  making such studies, investigations, inspections, or inquiries,
 1155  the department division may cooperate with any agency of the
 1156  United States charged with the duty of enforcing any law
 1157  securing safety against injury in any place of firefighter
 1158  employment covered by this part or any agency or department of
 1159  the state engaged in enforcing any law to ensure safety for
 1160  firefighter employees.
 1161         Section 38. Subsection (3) of section 791.013, Florida
 1162  Statutes, is amended to read:
 1163         791.013 Testing and approval of sparklers; penalties.—
 1164         (3) For purposes of the testing requirement by this
 1165  section, the division shall perform such tests as are necessary
 1166  to determine compliance with the performance standards in the
 1167  definition of sparklers, pursuant to s. 791.01. The State Fire
 1168  Marshal shall adopt, by rule, procedures for testing products to
 1169  determine compliance with this chapter. The Division of
 1170  Investigative and Forensic Services shall dispose of any samples
 1171  which remain after testing.
 1172         Section 39. Paragraphs (b), (c), and (d) of subsection (7)
 1173  of section 538.32, Florida Statutes, are amended to read:
 1174         538.32 Registration, transaction, and recordkeeping
 1175  requirements; penalties.—
 1176         (7)
 1177         (b) Alternatively, a secondhand dealer must give written
 1178  notice to the seller, by United States mail or e-mail if an e
 1179  mail address is provided by the seller, that information
 1180  otherwise required to be given by the seller under subsection
 1181  (2) has not been provided by the seller to the secondhand
 1182  dealer. Notice of the deficient information must be sent by the
 1183  secondhand dealer no later than 10 days after the transaction is
 1184  received by the secondhand dealer. The secondhand dealer must
 1185  specify in the notice that:
 1186         1. The seller must provide the missing information or must
 1187  request the return of the property from the secondhand dealer
 1188  within 30 days after receiving the notice from the secondhand
 1189  dealer; and
 1190         2. The failure of the seller to provide the missing
 1191  information or request return of the property within the
 1192  applicable 30-day time period shall result in abandonment of the
 1193  seller’s property to the Division Bureau of Unclaimed Property
 1194  of the Department of Financial Services pursuant to chapter 717.
 1195         (c) If the seller fails to remedy the deficiency in
 1196  information or request return of the property within 30 days
 1197  after receiving the notice, the seller’s property is deemed
 1198  abandoned and is relinquished to the Division Bureau of
 1199  Unclaimed Property pursuant to chapter 717 if the property’s
 1200  true market value is greater than $50 as defined in chapter 717.
 1201         (d) Within 24 hours after the expiration of the 30-day hold
 1202  period for the property, the secondhand dealer must notify the
 1203  appropriate law enforcement agency of the abandonment of the
 1204  property by electronic transmission or by sending a copy of the
 1205  completed form authorized by chapter 717 to the Department of
 1206  Financial Services, Division Bureau of Unclaimed Property.
 1207         Section 40. Subsection (1) of section 717.1241, Florida
 1208  Statutes, is amended to read:
 1209         717.1241 Conflicting claims.—
 1210         (1) When conflicting claims have been received by the
 1211  department for the same unclaimed property account or accounts,
 1212  the property shall be remitted in accordance with the claim
 1213  filed by the person as follows, notwithstanding the withdrawal
 1214  of a claim:
 1215         (a) To the person submitting the first claim received by
 1216  the Division Bureau of Unclaimed Property of the department that
 1217  is complete or made complete.
 1218         (b) If a claimant’s claim and a claimant’s representative’s
 1219  claim are received by the Division Bureau of Unclaimed Property
 1220  of the department on the same day and both claims are complete,
 1221  to the claimant.
 1222         (c) If a buyer’s claim and a claimant’s claim or a
 1223  claimant’s representative’s claim are received by the Division
 1224  Bureau of Unclaimed Property of the department on the same day
 1225  and the claims are complete, to the buyer.
 1226         (d) As between two or more claimant’s representative’s
 1227  claims received by the Division Bureau of Unclaimed Property of
 1228  the department that are complete or made complete on the same
 1229  day, to the claimant’s representative who has agreed to receive
 1230  the lowest fee. If the two or more claimant’s representatives
 1231  whose claims received by the Division Bureau of Unclaimed
 1232  Property of the department were complete or made complete on the
 1233  same day are charging the same lowest fee, the fee shall be
 1234  divided equally between the claimant’s representatives.
 1235         (e) If more than one buyer’s claim received by the Division
 1236  Bureau of Unclaimed Property of the department is complete or
 1237  made complete on the same day, the department shall remit the
 1238  unclaimed property to the buyer who paid the highest amount to
 1239  the seller. If the buyers paid the same amount to the seller,
 1240  the department shall remit the unclaimed property to the buyers
 1241  divided in equal amounts.
 1242         Section 41. Section 717.1323, Florida Statutes, is amended
 1243  to read:
 1244         717.1323 Prohibited practice.—A No person may not knowingly
 1245  enter false information onto the Internet website of the
 1246  Division Bureau of Unclaimed Property.
 1247         Section 42. Subsection (2) and paragraph (a) of subsection
 1248  (3) of section 717.135, Florida Statutes, are amended to read:
 1249         717.135 Power of attorney to recover reported property in
 1250  the custody of the department.—
 1251         (2) A power of attorney described in subsection (1) must:
 1252         (a) Limit the fees and costs for services to 20 percent per
 1253  unclaimed property account held by the department. Fees and
 1254  costs for cash accounts shall be based on the value of the
 1255  property at the time the power of attorney is signed by the
 1256  claimant. Fees and costs for accounts containing securities or
 1257  other intangible ownership interests, which securities or
 1258  interests are not converted to cash, shall be based on the
 1259  purchase price of the security as quoted on a national exchange
 1260  or other market on which the property is regularly traded at the
 1261  time the securities or other ownership interest is remitted to
 1262  the claimant or the claimant’s representative. Fees and costs
 1263  for tangible property or safe-deposit box accounts shall be
 1264  based on the value of the tangible property or contents of the
 1265  safe-deposit box at the time the ownership interest is
 1266  transferred or remitted to the claimant. Total fees and costs on
 1267  any single account owned by a natural person residing in this
 1268  country must not exceed $1,000; or
 1269         (b) Fully disclose that the property is held by the
 1270  Division Bureau of Unclaimed Property of the Department of
 1271  Financial Services pursuant to this chapter, the mailing address
 1272  of the division bureau, the Internet address of the division
 1273  bureau, the person or name of the entity that held the property
 1274  prior to the property becoming unclaimed, the date of the
 1275  holder’s last contact with the owner, if known, and the
 1276  approximate value of the property, and identify which of the
 1277  following categories of unclaimed property the claimant’s
 1278  representative is seeking to recover, as reported by the holder:
 1279         1. Cash accounts.
 1280         2. Stale dated checks.
 1281         3. Life insurance or annuity contract assets.
 1282         4. Utility deposits.
 1283         5. Securities or other interests in business associations.
 1284         6. Wages.
 1285         7. Accounts receivable.
 1286         8. Contents of safe-deposit boxes.
 1287  
 1288  This subsection shall not apply if probate proceedings must be
 1289  initiated on behalf of the claimant for an estate that has never
 1290  been probated or if the unclaimed property is being claimed by a
 1291  person outside of the United States.
 1292         (3)(a) A power of attorney described in paragraph (2)(b)
 1293  must state in 12-point type or greater in the order indicated
 1294  with the blank spaces accurately completed:
 1295  
 1296                      FULL DISCLOSURE STATEMENT                    
 1297  
 1298         The property is currently held by the State of Florida
 1299         Department of Financial Services, Division Bureau of
 1300         Unclaimed Property, pursuant to chapter 717, Florida
 1301         Statutes. The mailing address of the Division Bureau
 1302         of Unclaimed Property is ............. The Internet
 1303         address of the Division Bureau of Unclaimed Property
 1304         is .............
 1305  
 1306         The property was remitted by: .............
 1307  
 1308         Date of last contact: .............
 1309  
 1310         Property category: .............
 1311  
 1312         Section 43. Subsection (2) of section 717.1351, Florida
 1313  Statutes, is amended to read:
 1314         717.1351 Acquisition of unclaimed property.—
 1315         (2) All contracts to acquire ownership of or entitlement to
 1316  unclaimed property from the person or persons entitled to the
 1317  unclaimed property must be in 10-point type or greater and must:
 1318         (a) Have a purchase price that discounts the value of the
 1319  unclaimed property at the time the agreement is executed by the
 1320  seller at no greater than 20 percent per account held by the
 1321  department. An unclaimed property account must not be discounted
 1322  in excess of $1,000. However, the $1,000 discount limitation
 1323  does not apply if probate proceedings must be initiated on
 1324  behalf of the seller for an estate that has never been probated
 1325  or if the seller of the unclaimed property is not a natural
 1326  person or is a person outside the United States; or
 1327         (b) Fully disclose that the property is held by the
 1328  Division Bureau of Unclaimed Property of the Department of
 1329  Financial Services pursuant to this chapter, the mailing address
 1330  of the division bureau, the Internet address of the division
 1331  bureau, the person or name of the entity that held the property
 1332  prior to the property becoming unclaimed, the date of the
 1333  holder’s last contact with the owner, if known, and the
 1334  approximate value of the property, and identify which of the
 1335  following categories of unclaimed property the buyer is seeking
 1336  to purchase as reported by the holder:
 1337         1. Cash accounts.
 1338         2. Stale dated checks.
 1339         3. Life insurance or annuity contract assets.
 1340         4. Utility deposits.
 1341         5. Securities or other interests in business associations.
 1342         6. Wages.
 1343         7. Accounts receivable.
 1344         8. Contents of safe-deposit boxes.
 1345  
 1346  The purchase agreement described in this paragraph must state in
 1347  12-point type or greater in the order indicated with the blank
 1348  spaces accurately completed:
 1349  
 1350                      FULL DISCLOSURE STATEMENT                    
 1351  
 1352         The property is currently held by the State of Florida
 1353         Department of Financial Services, Division Bureau of
 1354         Unclaimed Property, pursuant to chapter 717, Florida
 1355         Statutes. The mailing address of the Division Bureau
 1356         of Unclaimed Property is ............. The Internet
 1357         address of the Division Bureau of Unclaimed Property
 1358         is .............
 1359  
 1360         The property was remitted by: .............
 1361  
 1362         Date of last contact: .............
 1363  
 1364         Property category: .............
 1365  
 1366  Immediately above the signature line for the seller, the
 1367  purchase agreement described in this paragraph must state in 12
 1368  point type or greater:
 1369  
 1370         Seller agrees, by signing below, that the FULL
 1371         DISCLOSURE STATEMENT has been read and fully
 1372         understood.
 1373         Section 44. Paragraphs (a) and (b) of subsection (5) of
 1374  section 717.1400, Florida Statutes, are amended to read:
 1375         717.1400 Registration.—
 1376         (5) If a material change in the status of a registration
 1377  occurs, a registrant must, within 30 days, provide the
 1378  department with the updated documentation and information in
 1379  writing. Material changes include, but are not limited to: a
 1380  designated agent or employee ceasing to act on behalf of the
 1381  designating person, a surrender, suspension, or revocation of a
 1382  license, or a license renewal.
 1383         (a) If a designated agent or employee ceases to act on
 1384  behalf of the person who has designated the agent or employee to
 1385  act on such person’s behalf, the designating person must, within
 1386  30 days, inform the Division Bureau of Unclaimed Property in
 1387  writing of the termination of agency or employment.
 1388         (b) If a registrant surrenders the registrant’s license or
 1389  the license is suspended or revoked, the registrant must, within
 1390  30 days, inform the division bureau in writing of the surrender,
 1391  suspension, or revocation.
 1392         Section 45. Paragraphs (k) and (l) of subsection (6) of
 1393  section 932.7055, Florida Statutes, are amended to read:
 1394         932.7055 Disposition of liens and forfeited property.—
 1395         (6) If the seizing agency is a state agency, all remaining
 1396  proceeds shall be deposited into the General Revenue Fund.
 1397  However, if the seizing agency is:
 1398         (k) The Division of Investigative and Forensic Services
 1399  State Fire Marshal in the Department of Financial Services, the
 1400  proceeds accrued under the Florida Contraband Forfeiture Act
 1401  shall be deposited into the Insurance Regulatory Trust Fund to
 1402  be used for the purposes of arson suppression, arson
 1403  investigation, and the funding of anti-arson rewards.
 1404         (l) The Division of Investigative and Forensic Services
 1405  Insurance Fraud of the Department of Financial Services, the
 1406  proceeds accrued pursuant to the provisions of the Florida
 1407  Contraband Forfeiture Act shall be deposited into the Insurance
 1408  Regulatory Trust Fund as provided in s. 626.9893 or into the
 1409  Department of Financial Services’ Federal Law Enforcement Trust
 1410  Fund as provided in s. 17.43, as applicable.
 1411         Section 46. This act shall take effect July 1, 2016.