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