Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 992
       
       
       
       
       
       
                                Ì8931181Î893118                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/11/2016           .                                
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       Appropriations Subcommittee on General Government (Simpson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 434 - 481
    4  and insert:
    5  insurer or on an unauthorized insurer, which fee shall be
    6  deposited into the Administrative Trust Fund.
    7         Section 12. Present paragraph (b) of subsection (2) of
    8  section 626.854, Florida Statutes, is redesignated as paragraph
    9  (c), and a new paragraph (b) is added to that subsection, to
   10  read:
   11         626.854 “Public adjuster” defined; prohibitions.—The
   12  Legislature finds that it is necessary for the protection of the
   13  public to regulate public insurance adjusters and to prevent the
   14  unauthorized practice of law.
   15         (2) This definition does not apply to:
   16         (b) A licensed health insurance agent who assists an
   17  insured with coverage questions, medical procedure coding
   18  issues, balance billing issues, understanding the claims filing
   19  process, or filing a claim, as such assistance relates to
   20  coverage under a health insurance policy.
   21         Section 13. Subsection (1) of section 626.907, Florida
   22  Statutes, is amended to read:
   23         626.907 Service of process; judgment by default.—
   24         (1) Service of process upon an insurer or person
   25  representing or aiding such insurer pursuant to s. 626.906 shall
   26  be made by delivering to and leaving with the Chief Financial
   27  Officer, his or her assistant or deputy, or another person in
   28  charge of the or some person in apparent charge of his or her
   29  office two copies thereof and the service of process fee as
   30  required in s. 624.502. The Chief Financial Officer shall
   31  forthwith mail by registered mail, commercial carrier, or any
   32  verifiable means, one of the copies of such process to the
   33  defendant at the defendant’s last known principal place of
   34  business as provided by the party submitting the documents and
   35  shall keep a record of all process so served upon him or her.
   36  The service of process is sufficient, provided notice of such
   37  service and a copy of the process are sent within 10 days
   38  thereafter by registered mail by plaintiff or plaintiff’s
   39  attorney to the defendant at the defendant’s last known
   40  principal place of business, and the defendant’s receipt, or
   41  receipt issued by the post office with which the letter is
   42  registered, showing the name of the sender of the letter and the
   43  name and address of the person to whom the letter is addressed,
   44  and the affidavit of the plaintiff or plaintiff’s attorney
   45  showing a compliance herewith are filed with the clerk of the
   46  court in which the action is pending on or before the date the
   47  defendant is required to appear, or within such further time as
   48  the court may allow.
   49         Section 14. Paragraph (a) of subsection (4) of section
   50  626.921, Florida Statutes, is amended to read:
   51         626.921 Florida Surplus Lines Service Office.—
   52         (4) The association shall operate under the supervision of
   53  a board of governors consisting of:
   54         (a) Five individuals nominated by the Florida Surplus Lines
   55  Association and appointed by the department from the regular
   56  membership of the Florida Surplus Lines Association.
   57  
   58  Each board member shall be appointed to serve beginning on the
   59  date designated by the plan of operation and shall serve at the
   60  pleasure of the department for a 3-year term, such term
   61  initially to be staggered by the plan of operation so that three
   62  appointments expire in 1 year, three appointments expire in 2
   63  years, and three appointments expire in 3 years. Members may be
   64  reappointed for subsequent terms. The board of governors shall
   65  elect such officers as may be provided in the plan of operation.
   66         Section 15. Subsection (2) of section 626.9892, Florida
   67  Statutes, is amended to read:
   68         626.9892 Anti-Fraud Reward Program; reporting of insurance
   69  fraud.—
   70         (2) The department may pay rewards of up to $25,000 to
   71  persons providing information leading to the arrest and
   72  conviction of persons committing crimes investigated by the
   73  department Division of Insurance Fraud arising from violations
   74  of s. 440.105, s. 624.15, s. 626.9541, s. 626.989, s. 790.164,
   75  s. 790.165, s. 790.166, s. 806.031, s. 806.10, s. 806.111, s.
   76  817.233, or s. 817.234.
   77  
   78  ================= T I T L E  A M E N D M E N T ================
   79  And the title is amended as follows:
   80         Delete lines 49 - 56
   81  and insert:
   82         unauthorized insurers; amending s. 626.854, F.S.;
   83         revising applicability of the definition of the term
   84         “public adjuster”; amending s. 626.907, F.S.;
   85         requiring a service of process fee for certain service
   86         of process made by the Chief Financial Officer;
   87         specifying the determination of a defendant’s last
   88         known principal place of business; amending s.
   89         626.921, F.S.; revising membership requirements of the
   90         Florida Surplus Lines Service Office board of
   91         governors; amending s. 626.9892, F.S.; providing that
   92         the department, rather than the Division of Insurance
   93         Fraud, investigates certain crimes; adding violations
   94         of specified statutes to the Anti-Fraud Reward
   95         Program; amending s. 627.7074, F.S.; providing an