Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 1292
Ì928844FÎ928844
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/23/2018 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Banking and Insurance (Stargel) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 17.64, Florida Statutes, is amended to
6 read:
7 17.64 Division of Treasury to make reproductions of certain
8 warrants, records, and documents.—
9 (1) Electronic images, photographs, microphotographs, or
10 reproductions on film of warrants, vouchers, or checks are shall
11 be deemed to be original records for all purposes; and any copy
12 or reproduction thereof made from such original film, duly
13 certified by the Division of Treasury as a true and correct copy
14 or reproduction made from such film, is shall be deemed to be a
15 transcript, exemplification, or certified copy of the original
16 warrant, voucher, or check such copy represents, and must shall
17 in all cases and in all courts and places be admitted and
18 received in evidence with the like force and effect as the
19 original thereof might be.
20 (2) The Division of Treasury may electronically photograph,
21 microphotograph, or reproduce on film, all records and documents
22 of the division, as the Chief Financial Officer, in his or her
23 discretion, selects; and the division may destroy any such
24 documents or records after they have been reproduced
25 electronically photographed and filed and after audit of the
26 division has been completed for the period embracing the dates
27 of such documents and records.
28 (3) Electronic copies Photographs or microphotographs in
29 the form of film or prints of any records made in compliance
30 with the provisions of this section shall have the same force
31 and effect as the originals thereof would have, and must shall
32 be treated as originals for the purpose of their admissibility
33 in evidence. Duly certified or authenticated reproductions of
34 such electronic images must photographs or microphotographs
35 shall be admitted in evidence equally with the original
36 electronic images photographs or microphotographs.
37 Section 2. Paragraph (e) of subsection (2) of section
38 20.121, Florida Statutes, is amended to read:
39 20.121 Department of Financial Services.—There is created a
40 Department of Financial Services.
41 (2) DIVISIONS.—The Department of Financial Services shall
42 consist of the following divisions and office:
43 (e) The Division of Investigative and Forensic Services,
44 which shall function as a criminal justice agency for purposes
45 of ss. 943.045-943.08. The division may conduct investigations
46 within or outside of this state as it deems necessary. If,
47 during an investigation, the division has reason to believe that
48 any criminal law of this state has or may have been violated, it
49 shall refer any records tending to show such violation to state
50 or federal law enforcement or prosecutorial agencies and shall
51 provide investigative assistance to those agencies as required.
52 The division shall include the following bureaus and office:
53 1. The Bureau of Forensic Services;
54 2. The Bureau of Fire, and Arson, and Explosives
55 Investigations; and
56 3. The Office of Fiscal Integrity, which shall have a
57 separate budget;.
58 4. The Bureau of Insurance Fraud; and
59 5. The Bureau of Workers’ Compensation Fraud.
60 Section 3. Subsection (1) of section 39.6035, Florida
61 Statutes, is amended to read:
62 39.6035 Transition plan.—
63 (1) During the 180-day period after a child reaches 17
64 years of age, the department and the community-based care
65 provider, in collaboration with the caregiver and any other
66 individual whom the child would like to include, shall assist
67 the child in developing a transition plan. The required
68 transition plan is in addition to standard case management
69 requirements. The transition plan must address specific options
70 for the child to use in obtaining services, including housing,
71 health insurance, education, financial literacy, a driver
72 license, and workforce support and employment services. The plan
73 must also consider establishing and maintaining naturally
74 occurring mentoring relationships and other personal support
75 services. The transition plan may be as detailed as the child
76 chooses. In developing the transition plan, the department and
77 the community-based provider shall:
78 (a) Provide the child with the documentation required
79 pursuant to s. 39.701(3); and
80 (b) Coordinate the transition plan with the independent
81 living provisions in the case plan and, for a child with
82 disabilities, the Individuals with Disabilities Education Act
83 transition plan; and.
84 (c) Provide information for the financial literacy
85 curriculum for foster youth offered by the Department of
86 Financial Services, and require completion of the curriculum
87 with a passing score before receiving aftercare services or
88 continuing care services as attested by the child’s guardian ad
89 litem.
90 Section 4. Subsection (2) of section 39.6251, Florida
91 Statutes, is amended to read:
92 39.6251 Continuing care for young adults.—
93 (2) The primary goal for a child in care is permanency. A
94 child who is living in licensed care on his or her 18th birthday
95 and who has not achieved permanency under s. 39.621 is eligible
96 to remain in licensed care under the jurisdiction of the court
97 and in the care of the department. A child is eligible to remain
98 in licensed care if he or she is:
99 (a) Completing secondary education or a program leading to
100 an equivalent credential;
101 (b) Enrolled in an institution that provides postsecondary
102 or vocational education;
103 (c) Participating in a program or activity designed to
104 promote or eliminate barriers to employment;
105 (d) Employed for at least 80 hours per month; or
106 (e) Completing the financial literacy curriculum for foster
107 youth offered by the Department of Financial Services; or
108 (f)(e) Unable to participate in programs or activities
109 listed in paragraphs (a)-(e) (a)-(d) full time due to a
110 physical, intellectual, emotional, or psychiatric condition that
111 limits participation. Any such barrier to participation must be
112 supported by documentation in the child’s case file or school or
113 medical records of a physical, intellectual, or psychiatric
114 condition that impairs the child’s ability to perform one or
115 more life activities.
116 Section 5. Section 218.32, Florida Statutes, is amended to
117 read:
118 218.32 Annual financial reports; local governmental
119 entities; Florida Open Financial Statement System.—
120 (1)(a) Each local governmental entity that is determined to
121 be a reporting entity, as defined by generally accepted
122 accounting principles, and each independent special district as
123 defined in s. 189.012, shall submit to the department a copy of
124 its annual financial report for the previous fiscal year in a
125 format prescribed by the department. The annual financial report
126 must include a list of each local governmental entity included
127 in the report and each local governmental entity that failed to
128 provide financial information as required by paragraph (b). The
129 chair of the governing body and the chief financial officer of
130 each local governmental entity shall sign the annual financial
131 report submitted pursuant to this subsection attesting to the
132 accuracy of the information included in the report. The county
133 annual financial report must be a single document that covers
134 each county agency.
135 (b) Each component unit, as defined by generally accepted
136 accounting principles, of a local governmental entity shall
137 provide the local governmental entity, within a reasonable time
138 period as established by the local governmental entity, with
139 financial information necessary to comply with the reporting
140 requirements contained in this section.
141 (c) Each regional planning council created under s.
142 186.504, each local government finance commission, board, or
143 council, and each municipal power corporation created as a
144 separate legal or administrative entity by interlocal agreement
145 under s. 163.01(7) shall submit to the department a copy of its
146 audit report and an annual financial report for the previous
147 fiscal year in a format prescribed by the department.
148 (d) Each local governmental entity that is required to
149 provide for an audit under s. 218.39(1) must submit a copy of
150 the audit report and annual financial report to the department
151 within 45 days after the completion of the audit report but no
152 later than 9 months after the end of the fiscal year.
153 (e) Each local governmental entity that is not required to
154 provide for an audit under s. 218.39 must submit the annual
155 financial report to the department no later than 9 months after
156 the end of the fiscal year. The department shall consult with
157 the Auditor General in the development of the format of annual
158 financial reports submitted pursuant to this paragraph. The
159 format must include balance sheet information used by the
160 Auditor General pursuant to s. 11.45(7)(f). The department must
161 forward the financial information contained within the annual
162 financial reports to the Auditor General in electronic form.
163 This paragraph does not apply to housing authorities created
164 under chapter 421.
165 (f) If the department does not receive a completed annual
166 financial report from a local governmental entity within the
167 required period, it shall notify the Legislative Auditing
168 Committee and the Special District Accountability Program of the
169 Department of Economic Opportunity of the entity’s failure to
170 comply with the reporting requirements.
171 (g) Each local governmental entity’s website must provide a
172 link to the department’s website to view the entity’s annual
173 financial report submitted to the department pursuant to this
174 section. If the local governmental entity does not have an
175 official website, the county government’s website must provide
176 the required link for the local governmental entity.
177 (h) It is the intent of the Legislature to create the
178 Florida Open Financial Statement System, an interactive
179 repository for governmental financial statements.
180 1. The Chief Financial Officer may consult with
181 stakeholders, including the department, the Auditor General, a
182 representative of a municipality or county, a representative of
183 a special district, a municipal bond investor, and an
184 information technology professional employed in the private
185 sector, for input on the design and implementation of the
186 Florida Open Financial Statement System.
187 2. The Chief Financial Officer may choose contractors to
188 build one or more eXtensible Business Reporting Language (XBRL)
189 taxonomies suitable for state, county, municipal, and special
190 district financial filings and to create a software tool that
191 enables financial statement filers to easily create XBRL
192 documents consistent with the taxonomy or taxonomies. The Chief
193 Financial Officer shall recruit and select contractors through
194 an open request for proposals process pursuant to chapter 287.
195 3. The Chief Financial Officer shall require all work to be
196 completed no later than December 31, 2021.
197 4. If the Chief Financial Officer deems the work products
198 adequate, all local governmental financial statements pertaining
199 to fiscal years ending on or after January 1, 2023, must be
200 filed in XBRL format and must meet the validation requirements
201 of the relevant taxonomy.
202 5. A local government that commences filing in XBRL format
203 may not be required to make filings in Portable Document Format.
204 (2) The department shall annually by December 1 file a
205 verified report with the Governor, the Legislature, the Auditor
206 General, and the Special District Accountability Program of the
207 Department of Economic Opportunity showing the revenues, both
208 locally derived and derived from intergovernmental transfers,
209 and the expenditures of each local governmental entity, regional
210 planning council, local government finance commission, and
211 municipal power corporation that is required to submit an annual
212 financial report. The report must include, but is not limited
213 to:
214 (a) The total revenues and expenditures of each local
215 governmental entity that is a component unit included in the
216 annual financial report of the reporting entity.
217 (b) The amount of outstanding long-term debt by each local
218 governmental entity. For purposes of this paragraph, the term
219 “long-term debt” means any agreement or series of agreements to
220 pay money, which, at inception, contemplate terms of payment
221 exceeding 1 year in duration.
222 (3) The department shall notify the President of the Senate
223 and the Speaker of the House of Representatives of any
224 municipality that has not reported any financial activity for
225 the last 4 fiscal years. Such notice must be sufficient to
226 initiate dissolution procedures as described in s.
227 165.051(1)(a). Any special law authorizing the incorporation or
228 creation of the municipality must be included within the
229 notification.
230 Section 6. For the 2018-2019 fiscal year, the sum of
231 $500,000 is appropriated from the General Revenue Fund to the
232 Chief Financial Officer for the development of XBRL taxonomies
233 for state, county, municipal, and special district financial
234 filings.
235 Section 7. Section 284.40, Florida Statutes, is amended to
236 read:
237 284.40 Division of Risk Management; disclosure of certain
238 workers’ compensation-related information by the Department of
239 Financial Services.—
240 (1) It shall be the responsibility of the Division of Risk
241 Management of the Department of Financial Services to administer
242 this part and the provisions of s. 287.131.
243 (2) The claim files maintained by the Division of Risk
244 Management shall be confidential, shall be only for the usage by
245 the Department of Financial Services in fulfilling its duties
246 and responsibilities under this part, and shall be exempt from
247 the provisions of s. 119.07(1).
248 (3) Upon certification by the division director or his or
249 her designee to the custodian of any records maintained by the
250 Department of Children and Families, Department of Health,
251 Agency for Health Care Administration, or Department of Elderly
252 Affairs that such records are necessary to investigate a claim
253 against the Department of Children and Families, Department of
254 Health, Agency for Health Care Administration, or Department of
255 Elderly Affairs being handled by the Division of Risk
256 Management, the records shall be released to the division
257 subject to the provisions of subsection (2), any conflicting
258 provisions as to the confidentiality of such records
259 notwithstanding.
260 (4) Notwithstanding s. 440.1851, the Department of
261 Financial Services may disclose the personal identifying
262 information of an injured or deceased employee to a department
263 contracted vendor for the purpose of ascertaining a claimant’s
264 claims history to investigate the compensability of a claim or
265 to identify and prevent fraud.
266 Section 8. Section 284.50, Florida Statutes, is amended to
267 read:
268 284.50 Loss prevention program; safety coordinators;
269 Interagency Advisory Council on Loss Prevention; employee
270 recognition program; return-to-work programs; risk management
271 programs.—
272 (1) The head of each department of state government, except
273 the Legislature, shall designate a safety coordinator. Such
274 safety coordinator must be an employee of the department and
275 must hold a position which has responsibilities comparable to
276 those of an employee in the Senior Management System. The
277 Department of Financial Services shall provide appropriate
278 training to the safety coordinators to permit them to
279 effectively perform their duties within their respective
280 departments. Within 1 year after being appointed by his or her
281 department head, the safety coordinator shall complete safety
282 coordinator training offered by the Department of Financial
283 Services. Each safety coordinator shall, at the direction of his
284 or her department head:
285 (a) Develop and implement the loss prevention program, a
286 comprehensive departmental safety program which shall include a
287 statement of safety policy and responsibility.
288 (b) Provide for regular and periodic facility and equipment
289 inspections.
290 (c) Investigate job-related employee accidents of his or
291 her department.
292 (d) Establish a program to promote increased safety
293 awareness among employees.
294 (2) There shall be an Interagency Advisory Council on Loss
295 Prevention composed of the safety coordinators from each
296 department and representatives designated by the Division of
297 State Fire Marshal and the Division of Risk Management. The
298 chair of the council is shall be the Director of the Division of
299 Risk Management or his or her designee. The council shall meet
300 at least quarterly to discuss safety problems within state
301 government, to attempt to find solutions for these problems,
302 and, when possible, to assist in the implementation of the
303 solutions. If the safety coordinator of a department or office
304 is unable to attend a council meeting, an alternate, selected by
305 the department head or his or her designee, shall attend the
306 meeting to represent and provide input for that department or
307 office on the council. The council is further authorized to
308 provide for the recognition of employees, agents, and volunteers
309 who make exceptional contributions to the reduction and control
310 of employment-related accidents. The necessary expenses for the
311 administration of this program of recognition shall be
312 considered an authorized administrative expense payable from the
313 State Risk Management Trust Fund.
314 (3) The Department of Financial Services and all agencies
315 that are provided workers’ compensation insurance coverage by
316 the State Risk Management Trust Fund and employ more than 3,000
317 full-time employees shall establish and maintain return-to-work
318 programs for employees who are receiving workers’ compensation
319 benefits. The programs must shall have the primary goal of
320 enabling injured workers to remain at work or return to work to
321 perform job duties within the physical or mental functional
322 limitations and restrictions established by the workers’
323 treating physicians. If no limitation or restriction is
324 established in writing by a worker’s treating physician, the
325 worker is shall be deemed to be able to fully perform the same
326 work duties he or she performed before the injury. Agencies
327 employing more than 3,000 full-time employees shall report
328 return-to-work information to the Department of Financial
329 Services to support the Department of Financial Services’
330 mandatory reporting requirements on agency return-to-work
331 efforts under s. 284.42(1)(b).
332 (4) The Division of Risk Management shall evaluate each
333 agency’s risk management programs, including, but not limited
334 to, return-to-work, safety, and loss prevention programs, at
335 least once every 5 years. Reports, including, but not limited
336 to, any recommended corrective action, resulting from such
337 evaluations must shall be provided to the head of the agency
338 being evaluated, the Chief Financial Officer, and the director
339 of the Division of Risk Management. The agency head must provide
340 to the Division of Risk Management a response to all report
341 recommendations within 45 days and a plan to implement any
342 corrective action to be taken as part of the response. If the
343 agency disagrees with any final report recommendations,
344 including, but not limited to, any recommended corrective
345 action, or if the agency fails to implement any recommended
346 corrective action within a reasonable time, the division shall
347 submit the evaluation report to the legislative appropriations
348 committees. Each agency shall provide risk management program
349 information to the Division of Risk Management to support the
350 Division of Risk Management’s mandatory evaluation and reporting
351 requirements in this subsection.
352 (5) Each agency shall:
353 (a) Review information provided by the Division of Risk
354 Management on claims and losses;
355 (b) Identify any discrepancies between the Division of Risk
356 Management’s records and the agency’s records and report such
357 discrepancies to the Division of Risk Management in writing; and
358 (c) Review and respond to communications from the Division
359 of Risk Management identifying unsafe or inappropriate
360 conditions, policies, procedures, trends, equipment, or actions
361 or incidents that have led or may lead to accidents or claims
362 involving the state.
363 Section 9. Paragraph (a) of subsection (2) and paragraph
364 (b) of subsection (3) of section 409.1451, Florida Statutes, are
365 amended to read:
366 409.1451 The Road-to-Independence Program.—
367 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
368 (a) A young adult is eligible for services and support
369 under this subsection if he or she:
370 1. Was living in licensed care on his or her 18th birthday
371 or is currently living in licensed care; or was at least 16
372 years of age and was adopted from foster care or placed with a
373 court-approved dependency guardian after spending at least 6
374 months in licensed care within the 12 months immediately
375 preceding such placement or adoption;
376 2. Spent at least 6 months in licensed care before reaching
377 his or her 18th birthday;
378 3. Earned a standard high school diploma pursuant to s.
379 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
380 pursuant to s. 1003.435;
381 4. Has been admitted for enrollment as a full-time student
382 or its equivalent in an eligible postsecondary educational
383 institution as provided in s. 1009.533. For purposes of this
384 section, the term “full-time” means 9 credit hours or the
385 vocational school equivalent. A student may enroll part-time if
386 he or she has a recognized disability or is faced with another
387 challenge or circumstance that would prevent full-time
388 attendance. A student needing to enroll part-time for any reason
389 other than having a recognized disability must get approval from
390 his or her academic advisor;
391 5. Has reached 18 years of age but is not yet 23 years of
392 age;
393 6. Has applied, with assistance from the young adult’s
394 caregiver and the community-based lead agency, for any other
395 grants and scholarships for which he or she may qualify;
396 7. Submitted a Free Application for Federal Student Aid
397 which is complete and error free; and
398 8. Signed an agreement to allow the department and the
399 community-based care lead agency access to school records; and.
400 9. Has completed with a passing score the financial
401 literacy curriculum for foster youth offered by the Department
402 of Financial Services.
403 (3) AFTERCARE SERVICES.—
404 (b) Aftercare services include, but are not limited to, the
405 following:
406 1. Mentoring and tutoring.
407 2. Mental health services and substance abuse counseling.
408 3. Life skills classes, including credit management and
409 preventive health activities.
410 4. Parenting classes.
411 5. Job and career skills training.
412 6. Counselor consultations.
413 7. Temporary financial assistance for necessities,
414 including, but not limited to, education supplies,
415 transportation expenses, security deposits for rent and
416 utilities, furnishings, household goods, and other basic living
417 expenses.
418 8. Financial literacy skills training pursuant to s.
419 39.6035(1)(c).
420
421 The specific services to be provided under this paragraph shall
422 be determined by an assessment of the young adult and may be
423 provided by the community-based care provider or through
424 referrals in the community.
425 Section 10. Subsections (1) and (3) of section 414.411,
426 Florida Statutes, are amended to read:
427 414.411 Public assistance fraud.—
428 (1) The Department of Financial Services shall investigate
429 all public assistance provided to residents of the state or
430 provided to others by the state. In the course of such
431 investigation the department shall examine all records,
432 including electronic benefits transfer records and make inquiry
433 of all persons who may have knowledge as to any irregularity
434 incidental to the disbursement of public moneys, food
435 assistance, or other items or benefits authorizations to
436 recipients. All public assistance recipients, as a condition
437 precedent to qualification for public assistance under chapter
438 409, chapter 411, or this chapter, must first give in writing,
439 to the Agency for Health Care Administration, the Department of
440 Health, the Department of Education Economic Opportunity, and
441 the Department of Children and Families, as appropriate, and to
442 the Department of Financial Services, consent to make inquiry of
443 past or present employers and records, financial or otherwise.
444 (3) The results of such investigation shall be reported by
445 the Department of Financial Services to the appropriate
446 legislative committees, the Agency for Health Care
447 Administration, the Department of Health, the Department of
448 Education Economic Opportunity, and the Department of Children
449 and Families, and to such others as the department may
450 determine.
451 Section 11. Subsection (3) is added to section 497.168,
452 Florida Statutes, to read:
453 497.168 Members of Armed Forces in good standing with
454 administrative boards.—
455 (3) A member of the United States Armed Forces or a veteran
456 of the United States Armed Forces who was honorably discharged
457 within the 24-month period before the date of an initial
458 application for licensure is exempt from the initial application
459 filing fees under ss. 497.281(1), 497.368(1)(a), 497.369(1)(a),
460 497.369(5), 497.370(1), 497.371, 497.373(1)(a), 497.373(3),
461 497.374(1)(a), 497.374(5), and 497.375(1)(a).
462 Section 12. Subsection (14) is added to section 497.456,
463 Florida Statutes, to read:
464 497.456 Preneed Funeral Contract Consumer Protection Trust
465 Fund.—
466 (14)(a) On or before August 31, 2018, the department may
467 transfer up to $2 million from the Preneed Funeral Contract
468 Consumer Protection Trust Fund to the Regulatory Trust Fund for
469 the purpose of acquiring information technology infrastructure
470 and payment of related expenses of the licensing authority in
471 carrying out its responsibilities under this chapter and as
472 prescribed by rule.
473 (b) On or before August 31 of each year, the department may
474 transfer any interest accrued or earned from investment of the
475 funds in the Preneed Funeral Contract Consumer Protection Trust
476 Fund during the prior fiscal year of the state, as defined in s.
477 216.011(1)(o), to the Regulatory Trust Fund for the purpose of
478 providing for the payment of expenses of the licensing authority
479 in carrying out its responsibilities under this chapter and as
480 prescribed by rule.
481 (c) This subsection expires on August 31, 2022.
482 Section 13. Subsection (1) of section 624.317, Florida
483 Statutes, is amended to read:
484 624.317 Investigation of agents, adjusters, administrators,
485 service companies, and others.—If it has reason to believe that
486 any person has violated or is violating any provision of this
487 code, or upon the written complaint signed by any interested
488 person indicating that any such violation may exist:
489 (1) The department shall conduct such investigation as it
490 deems necessary of the accounts, records, documents, and
491 transactions pertaining to or affecting the insurance affairs of
492 any general agent, surplus lines agent, adjuster, managing
493 general agent, insurance agent, insurance agency, customer
494 representative, service representative, or other person subject
495 to its jurisdiction, subject to the requirements of s. 626.601.
496 Section 14. Subsection (2) of section 624.34, Florida
497 Statutes, is amended to read:
498 624.34 Authority of Department of Law Enforcement to accept
499 fingerprints of, and exchange criminal history records with
500 respect to, certain persons.—
501 (2) The Department of Law Enforcement may accept
502 fingerprints of individuals who apply for a license as an agent,
503 customer representative, adjuster, service representative, or
504 navigator, or managing general agent or the fingerprints of the
505 majority owner, sole proprietor, partners, officers, and
506 directors of a corporation or other legal entity that applies
507 for licensure with the department or office under the Florida
508 Insurance Code.
509 Section 15. Section 624.4073, Florida Statutes, is amended
510 to read:
511 624.4073 Officers and directors of insolvent insurers.—Any
512 person who was an officer or director of an insurer doing
513 business in this state and who served in that capacity within
514 the 2-year period before prior to the date the insurer became
515 insolvent, for any insolvency that occurs on or after July 1,
516 2002, may not thereafter serve as an officer or director of an
517 insurer authorized in this state or have direct or indirect
518 control over the selection or appointment of an officer or
519 director through contract, trust, or by operation of law, unless
520 the officer or director demonstrates that his or her personal
521 actions or omissions were not a significant contributing cause
522 to the insolvency.
523 Section 16. Subsection (1) of section 624.4094, Florida
524 Statutes, is amended to read:
525 624.4094 Bail bond premiums.—
526 (1) The Legislature finds that a significant portion of
527 bail bond premiums is retained by the licensed bail bond agents
528 or appointed licensed managing general agents. For purposes of
529 reporting in financial statements required to be filed with the
530 office pursuant to s. 624.424, direct written premiums for bail
531 bonds by a domestic insurer in this state shall be reported net
532 of any amounts retained by licensed bail bond agents or
533 appointed licensed managing general agents. However, in no case
534 shall the direct written premiums for bail bonds be less than
535 6.5 percent of the total consideration received by the agent for
536 all bail bonds written by the agent. This subsection also
537 applies to any determination of compliance with s. 624.4095.
538 Section 17. Paragraph (e) of subsection (19) of section
539 624.501, Florida Statutes, is amended to read:
540 624.501 Filing, license, appointment, and miscellaneous
541 fees.—The department, commission, or office, as appropriate,
542 shall collect in advance, and persons so served shall pay to it
543 in advance, fees, licenses, and miscellaneous charges as
544 follows:
545 (19) Miscellaneous services:
546 (e) Insurer’s registration fee for agent exchanging
547 business more than four 24 times in a calendar year under s.
548 626.752, s. 626.793, or s. 626.837, registration fee per agent
549 per year..................................................$30.00
550 Section 18. Subsection (1) of section 624.509, Florida
551 Statutes, is amended to read:
552 624.509 Premium tax; rate and computation.—
553 (1) In addition to the license taxes provided for in this
554 chapter, each insurer shall also annually, and on or before
555 March 1 in each year, except as to wet marine and transportation
556 insurance taxed under s. 624.510, pay to the Department of
557 Revenue a tax on insurance premiums, premiums for title
558 insurance, or assessments, including membership fees and policy
559 fees and gross deposits received from subscribers to reciprocal
560 or interinsurance agreements, and on annuity premiums or
561 considerations, received during the preceding calendar year, the
562 amounts thereof to be determined as set forth in this section,
563 to wit:
564 (a) An amount equal to 1.75 percent of the gross amount of
565 such receipts on account of life and health insurance policies
566 covering persons resident in this state and on account of all
567 other types of policies and contracts, except annuity policies
568 or contracts taxable under paragraph (b) and bail bond policies
569 or contracts taxable under paragraph (c), covering property,
570 subjects, or risks located, resident, or to be performed in this
571 state, omitting premiums on reinsurance accepted, and less
572 return premiums or assessments, but without deductions:
573 1. For reinsurance ceded to other insurers;
574 2. For moneys paid upon surrender of policies or
575 certificates for cash surrender value;
576 3. For discounts or refunds for direct or prompt payment of
577 premiums or assessments; and
578 4. On account of dividends of any nature or amount paid and
579 credited or allowed to holders of insurance policies;
580 certificates; or surety, indemnity, reciprocal, or
581 interinsurance contracts or agreements;
582 (b) An amount equal to 1 percent of the gross receipts on
583 annuity policies or contracts paid by holders thereof in this
584 state; and
585 (c) An amount equal to 1.75 percent of the direct written
586 premiums for bail bonds, excluding any amounts retained by
587 licensed bail bond agents or appointed licensed managing general
588 agents.
589 Section 19. Section 625.071, Florida Statutes, is amended
590 to read:
591 625.071 Special reserve for bail and judicial bonds.—In
592 lieu of the unearned premium reserve required on surety bonds
593 under s. 625.051, the office may require any surety insurer or
594 limited surety insurer to set up and maintain a reserve on all
595 bail bonds or other single-premium bonds without definite
596 expiration date, furnished in judicial proceedings, equal to the
597 lesser of 35 percent of the bail premiums in force or $7 per
598 $1,000 of bail liability. Such reserve shall be reported as a
599 liability in financial statements required to be filed with the
600 office. Each insurer shall file a supplementary schedule showing
601 bail premiums in force and bail liability and the associated
602 special reserve for bail and judicial bonds with financial
603 statements required by s. 624.424. Bail premiums in force do not
604 include amounts retained by licensed bail bond agents or
605 appointed licensed managing general agents, but may not be less
606 than 6.5 percent of the total consideration received for all
607 bail bonds in force.
608 Section 20. Subsection (5) of section 626.112, Florida
609 Statutes, is amended to read:
610 626.112 License and appointment required; agents, customer
611 representatives, adjusters, insurance agencies, service
612 representatives, managing general agents.—
613 (5) A No person may not shall be, act as, or represent or
614 hold himself or herself out to be a managing general agent
615 unless he or she then holds a currently effective producer
616 license and a managing general agent license and appointment.
617 Section 21. Section 626.171, Florida Statutes, is amended
618 to read:
619 626.171 Application for license as an agent, customer
620 representative, adjuster, service representative, managing
621 general agent, or reinsurance intermediary.—
622 (1) The department may not issue a license as agent,
623 customer representative, adjuster, service representative,
624 managing general agent, or reinsurance intermediary to any
625 person except upon written application filed with the
626 department, meeting the qualifications for the license applied
627 for as determined by the department, and payment in advance of
628 all applicable fees. The application must be made under the oath
629 of the applicant and be signed by the applicant. An applicant
630 may permit a third party to complete, submit, and sign an
631 application on the applicant’s behalf, but is responsible for
632 ensuring that the information on the application is true and
633 correct and is accountable for any misstatements or
634 misrepresentations. The department shall accept the uniform
635 application for nonresident agent licensing. The department may
636 adopt revised versions of the uniform application by rule.
637 (2) In the application, the applicant shall set forth:
638 (a) His or her full name, age, social security number,
639 residence address, business address, mailing address, contact
640 telephone numbers, including a business telephone number, and e
641 mail address.
642 (b) A statement indicating the method the applicant used or
643 is using to meet any required prelicensing education, knowledge,
644 experience, or instructional requirements for the type of
645 license applied for.
646 (c) Whether he or she has been refused or has voluntarily
647 surrendered or has had suspended or revoked a license to solicit
648 insurance by the department or by the supervising officials of
649 any state.
650 (d) Whether any insurer or any managing general agent
651 claims the applicant is indebted under any agency contract or
652 otherwise and, if so, the name of the claimant, the nature of
653 the claim, and the applicant’s defense thereto, if any.
654 (e) Proof that the applicant meets the requirements for the
655 type of license for which he or she is applying.
656 (f) The applicant’s gender (male or female).
657 (g) The applicant’s native language.
658 (h) The highest level of education achieved by the
659 applicant.
660 (i) The applicant’s race or ethnicity (African American,
661 white, American Indian, Asian, Hispanic, or other).
662 (j) Such other or additional information as the department
663 may deem proper to enable it to determine the character,
664 experience, ability, and other qualifications of the applicant
665 to hold himself or herself out to the public as an insurance
666 representative.
667
668 However, the application must contain a statement that an
669 applicant is not required to disclose his or her race or
670 ethnicity, gender, or native language, that he or she will not
671 be penalized for not doing so, and that the department will use
672 this information exclusively for research and statistical
673 purposes and to improve the quality and fairness of the
674 examinations.
675 (3) Each application must shall be accompanied by payment
676 of any applicable fee.
677 (4) An applicant for a license as an agent, customer
678 representative, adjuster, service representative, managing
679 general agent, or reinsurance intermediary must submit a set of
680 the individual applicant’s fingerprints, or, if the applicant is
681 not an individual, a set of the fingerprints of the sole
682 proprietor, majority owner, partners, officers, and directors,
683 to the department and must pay the fingerprint processing fee
684 set forth in s. 624.501. Fingerprints must shall be used to
685 investigate the applicant’s qualifications pursuant to s.
686 626.201. The fingerprints must shall be taken by a law
687 enforcement agency, designated examination center, or other
688 department-approved entity. The department shall require all
689 designated examination centers to have fingerprinting equipment
690 and to take fingerprints from any applicant or prospective
691 applicant who pays the applicable fee. The department may not
692 approve an application for licensure as an agent, customer
693 service representative, adjuster, service representative,
694 managing general agent, or reinsurance intermediary if
695 fingerprints have not been submitted.
696 (5) The application for license filing fee prescribed in s.
697 624.501 is not subject to refund.
698 (6) Members of the United States Armed Forces and their
699 spouses, and veterans of the United States Armed Forces who have
700 retired within 24 months before application for licensure, are
701 exempt from the application filing fee prescribed in s. 624.501.
702 Qualified individuals must provide a copy of a military
703 identification card, military dependent identification card,
704 military service record, military personnel file, veteran
705 record, discharge paper, or separation document, or a separation
706 document that indicates such members of the United States Armed
707 Forces are currently in good standing or were honorably
708 discharged.
709 (7) Pursuant to the federal Personal Responsibility and
710 Work Opportunity Reconciliation Act of 1996, each party is
711 required to provide his or her social security number in
712 accordance with this section. Disclosure of social security
713 numbers obtained through this requirement must shall be limited
714 to the purpose of administration of the Title IV-D program for
715 child support enforcement.
716 Section 22. Section 626.202, Florida Statutes, is amended
717 to read:
718 626.202 Fingerprinting requirements.—
719 (1) The requirements for completion and submission of
720 fingerprints under this chapter are deemed to be met when an
721 individual currently licensed under this chapter seeks
722 additional licensure and has previously submitted fingerprints
723 to the department within the past 48 months. However, the
724 department may require the individual to file fingerprints if it
725 has reason to believe that an applicant or licensee has been
726 found guilty of, or pleaded guilty or nolo contendere to, a
727 felony or a crime related to the business of insurance in this
728 state or any other state or jurisdiction.
729 (2) The requirements for completion and submission of
730 fingerprints under this chapter are waived for members of the
731 United States Armed Forces and veterans of the United States
732 Armed Forces who were honorably discharged within the 24-month
733 period before the date of an application for licensure. A
734 qualified individual shall provide a copy of a military
735 identification card, military service record, military personnel
736 file, veteran record, Form DD-214, NGB Form 22, or separation
737 document that indicates such member or veteran of the United
738 States Armed Forces is currently in good standing or was
739 honorably discharged.
740 (3) If there is a change in ownership or control of any
741 entity licensed under this chapter, or if a new partner,
742 officer, or director is employed or appointed, a set of
743 fingerprints of the new owner, partner, officer, or director
744 must be filed with the department or office within 30 days after
745 the change. The acquisition of 10 percent or more of the voting
746 securities of a licensed entity is considered a change of
747 ownership or control. The fingerprints must be taken by a law
748 enforcement agency or other department-approved entity and be
749 accompanied by the fingerprint processing fee in s. 624.501.
750 Section 23. Subsection (9) of section 626.207, Florida
751 Statutes, is amended to read:
752 626.207 Disqualification of applicants and licensees;
753 penalties against licensees; rulemaking authority.—
754 (9) Section 112.011 does not apply to any applicants for
755 licensure under the Florida Insurance Code, including, but not
756 limited to, agents, agencies, adjusters, adjusting firms, or
757 customer representatives, or managing general agents.
758 Section 24. Paragraph (j) of subsection (2) of section
759 626.221, Florida Statutes, is amended to read:
760 626.221 Examination requirement; exemptions.—
761 (2) However, an examination is not necessary for any of the
762 following:
763 (j) An applicant for license as an all-lines adjuster who
764 has the designation of Accredited Claims Adjuster (ACA) from a
765 regionally accredited postsecondary institution in this state,
766 Associate in Claims (AIC) from the Insurance Institute of
767 America, Professional Claims Adjuster (PCA) from the
768 Professional Career Institute, Professional Property Insurance
769 Adjuster (PPIA) from the HurriClaim Training Academy, Certified
770 Adjuster (CA) from ALL LINES Training, Certified Claims Adjuster
771 (CCA) from AE21 Incorporated, Claims Adjuster Certified
772 Professional (CACP) from WebCE, Inc., or Universal Claims
773 Certification (UCC) from Claims and Litigation Management
774 Alliance (CLM) whose curriculum has been approved by the
775 department and which includes comprehensive analysis of basic
776 property and casualty lines of insurance and testing at least
777 equal to that of standard department testing for the all-lines
778 adjuster license. The department shall adopt rules establishing
779 standards for the approval of curriculum.
780 Section 25. Present subsections (6) and (7) of section
781 626.451, Florida Statutes, are redesignated as subsections (5)
782 and (6), respectively, and subsections (1) and (5) and present
783 subsection (6) of that section are amended, to read:
784 626.451 Appointment of agent or other representative.—
785 (1) Each appointing entity or person designated by the
786 department to administer the appointment process appointing an
787 agent, adjuster, service representative, customer
788 representative, or managing general agent in this state shall
789 file the appointment with the department or office and, at the
790 same time, pay the applicable appointment fee and taxes. Every
791 appointment is shall be subject to the prior issuance of the
792 appropriate agent’s, adjuster’s, service representative’s, or
793 customer representative’s, or managing general agent’s license.
794 (5) Any law enforcement agency or state attorney’s office
795 that is aware that an agent, adjuster, service representative,
796 customer representative, or managing general agent has pleaded
797 guilty or nolo contendere to or has been found guilty of a
798 felony shall notify the department or office of such fact.
799 (5)(6) Upon the filing of an information or indictment
800 against an agent, adjuster, service representative, or customer
801 representative, or managing general agent, the state attorney
802 shall immediately furnish the department or office a certified
803 copy of the information or indictment.
804 Section 26. Section 626.521, Florida Statutes, is amended
805 to read:
806 626.521 Character, Credit and character reports.—
807 (1) Before appointing As to each applicant who for the
808 first time in this state an is applying and qualifying for a
809 license as agent, adjuster, service representative, customer
810 representative, or managing general agent, the appointing
811 insurer or employer shall its manager or general agent in this
812 state, in the case of agents, or the appointing general lines
813 agent, in the case of customer representatives, or the employer,
814 in the case of service representatives and of adjusters who are
815 not to be self-employed, shall coincidentally with such
816 appointment or employment secure and thereafter keep on file a
817 full detailed credit and character report made by an established
818 and reputable independent reporting service, relative to the
819 individual so appointed or employed. This subsection does not
820 apply to licensees who self-appoint pursuant to s. 624.501.
821 (2) If requested by the department, the insurer, manager,
822 general agent, general lines agent, or employer, as the case may
823 be, must shall furnish to the department, on a form adopted and
824 furnished by the department, such information as it reasonably
825 requires relative to such individual and investigation.
826 (3) As to an applicant for an adjuster’s or reinsurance
827 intermediary’s license who is to be self-employed, the
828 department may secure, at the cost of the applicant, a full
829 detailed credit and character report made by an established and
830 reputable independent reporting service relative to the
831 applicant.
832 (4) Each person who for the first time in this state is
833 applying and qualifying for a license as a reinsurance
834 intermediary shall file with her or his application for license
835 a full, detailed credit and character report for the 5-year
836 period immediately prior to the date of application for license,
837 made by an established and reputable independent reporting
838 service, relative to the individual if a partnership or sole
839 proprietorship, or the officers if a corporation or other legal
840 entity.
841 (3)(5) Information contained in credit or character reports
842 furnished to or secured by the department under this section is
843 confidential and exempt from the provisions of s. 119.07(1).
844 Section 27. Paragraph (f) of subsection (1) of section
845 626.731, Florida Statutes, is amended to read:
846 626.731 Qualifications for general lines agent’s license.—
847 (1) The department shall not grant or issue a license as
848 general lines agent to any individual found by it to be
849 untrustworthy or incompetent or who does not meet each of the
850 following qualifications:
851 (f) The applicant is not a service representative, a
852 managing general agent in this state, or a special agent or
853 similar service representative of a health insurer which also
854 transacts property, casualty, or surety insurance; except that
855 the president, vice president, secretary, or treasurer,
856 including a member of the board of directors, of a corporate
857 insurer, if otherwise qualified under and meeting the
858 requirements of this part, may be licensed and appointed as a
859 local resident agent.
860 Section 28. Subsection (6) of section 626.7351, Florida
861 Statutes, is amended to read:
862 626.7351 Qualifications for customer representative’s
863 license.—The department shall not grant or issue a license as
864 customer representative to any individual found by it to be
865 untrustworthy or incompetent, or who does not meet each of the
866 following qualifications:
867 (6) Upon the issuance of the license applied for, the
868 applicant is not an agent or, a service representative, or a
869 managing general agent.
870 Section 29. Section 626.744, Florida Statutes, is amended
871 to read:
872 626.744 Service representatives, managing general agents;
873 application for license.—The application for a license as
874 service representative must or the application for a license as
875 managing general agent shall show the applicant’s name,
876 residence address, name of employer, position or title, type of
877 work to be performed by the applicant in this state, and any
878 additional information which the department may reasonably
879 require.
880 Section 30. Section 626.745, Florida Statutes, is amended
881 to read:
882 626.745 Service representatives, managing general agents;
883 managers; activities.—Individuals employed by insurers or their
884 managers, general agents, or representatives as service
885 representatives, and as managing general agents employed for the
886 purpose of or engaged in assisting agents in negotiating and
887 effecting contracts of insurance, shall engage in such
888 activities when, and only when licensed as or, accompanied by a
889 general lines an agent duly licensed and appointed as a resident
890 licensee and appointee under this code.
891 Section 31. Subsection (11) of section 626.7451, Florida
892 Statutes, is amended to read:
893 626.7451 Managing general agents; required contract
894 provisions.—No person acting in the capacity of a managing
895 general agent shall place business with an insurer unless there
896 is in force a written contract between the parties which sets
897 forth the responsibility for a particular function, specifies
898 the division of responsibilities, and contains the following
899 minimum provisions:
900 (11) An appointed A licensed managing general agent, when
901 placing business with an insurer under this code, may charge a
902 per-policy fee not to exceed $25. In no instance shall The
903 aggregate of per-policy fees for a placement of business
904 authorized under this section, when combined with any other per
905 policy fee charged by the insurer, may not result in per-policy
906 fees that which exceed the aggregate amount of $25. The per
907 policy fee must shall be a component of the insurer’s rate
908 filing and must shall be fully earned.
909
910 For the purposes of this section and ss. 626.7453 and 626.7454,
911 the term “controlling person” or “controlling” has the meaning
912 set forth in s. 625.012(5)(b)1., and the term “controlled
913 person” or “controlled” has the meaning set forth in s.
914 625.012(5)(b)2.
915 Section 32. Subsection (1) of section 626.7455, Florida
916 Statutes, is amended to read:
917 626.7455 Managing general agent; responsibility of
918 insurer.—
919 (1) An insurer may not No insurer shall enter into an
920 agreement with any person to manage the business written in this
921 state by the general lines agents appointed by the insurer or
922 appointed by the managing general agent on behalf of the insurer
923 unless the person is properly licensed as an agent and appointed
924 as a managing general agent in this state. An insurer is shall
925 be responsible for the acts of its managing general agent when
926 the agent acts within the scope of his or her authority.
927 Section 33. Paragraph (e) of subsection (3) and subsection
928 (5) of section 626.752, Florida Statutes, are amended to read:
929 626.752 Exchange of business.—
930 (3)
931 (e) The brokering agent shall maintain an appropriate and
932 permanent Brokering Agent’s Register, which must shall be a
933 permanent record of bound journal in which chronologically
934 numbered transactions that are entered no later than the day in
935 which the brokering agent’s application bearing the same number
936 is signed by the applicant. The numbers must shall reflect an
937 annual aggregate through numerical sequence and be preceded by
938 the last two digits of the current year. The initial entry must
939 shall contain the number of the transaction, date, time, date of
940 binder, date on which coverage commences, name and address of
941 applicant, type of coverage desired, name of insurer binding the
942 risk or to whom the application is to be submitted, and the
943 amount of any premium collected therefor. By no later than the
944 date following policy delivery, the policy number and coverage
945 expiration date must shall be added to the register.
946 (5) Within 15 days after the last day of each month, any
947 insurer accepting business under this section shall report to
948 the department the name, address, telephone number, and social
949 security number of each agent from which the insurer received
950 more than four 24 personal lines risks during the calendar year,
951 except for risks being removed from the Citizens Property
952 Insurance Corporation and placed with that insurer by a
953 brokering agent. Once the insurer has reported pursuant to this
954 subsection an agent’s name to the department, additional reports
955 on the same agent shall not be required. However, the fee set
956 forth in s. 624.501 must shall be paid for the agent by the
957 insurer for each year until the insurer notifies the department
958 that the insurer is no longer accepting business from the agent
959 pursuant to this section. The insurer may require that the agent
960 reimburse the insurer for the fee.
961 Section 34. Subsection (4) of section 626.793, Florida
962 Statutes, is amended to read:
963 626.793 Excess or rejected business.—
964 (4) Within 15 days after the last day of each month, any
965 insurer accepting business under this section shall report to
966 the department the name, address, telephone number, and social
967 security number of each agent from which the insurer received
968 more than four 24 risks during the calendar year. Once the
969 insurer has reported an agent’s name to the department pursuant
970 to this subsection, additional reports on the same agent shall
971 not be required. However, the fee set forth in s. 624.501 must
972 shall be paid for the agent by the insurer for each year until
973 the insurer notifies the department that the insurer is no
974 longer accepting business from the agent pursuant to this
975 section. The insurer may require that the agent reimburse the
976 insurer for the fee.
977 Section 35. Subsection (5) of section 626.837, Florida
978 Statutes, is amended to read:
979 626.837 Excess or rejected business.—
980 (5) Within 15 days after the last day of each month, any
981 insurer accepting business under this section shall report to
982 the department the name, address, telephone number, and social
983 security number of each agent from which the insurer received
984 more than four 24 risks during the calendar year. Once the
985 insurer has reported pursuant to this subsection an agent’s name
986 to the department, additional reports on the same agent shall
987 not be required. However, the fee set forth in s. 624.501 must
988 shall be paid for the agent by the insurer for each year until
989 the insurer notifies the department that the insurer is no
990 longer accepting business from the agent pursuant to this
991 section. The insurer may require that the agent reimburse the
992 insurer for the fee.
993 Section 36. Subsection (5) of section 626.8732, Florida
994 Statutes, is amended to read:
995 626.8732 Nonresident public adjuster’s qualifications,
996 bond.—
997 (5) After licensure as a nonresident public adjuster, as a
998 condition of doing business in this state, the licensee must
999 annually on or before January 1, on a form prescribed by the
1000 department, submit an affidavit certifying that the licensee is
1001 familiar with and understands the insurance code and rules
1002 adopted thereunder and the provisions of the contracts
1003 negotiated or to be negotiated. Compliance with this filing
1004 requirement is a condition precedent to the issuance,
1005 continuation, reinstatement, or renewal of a nonresident public
1006 adjuster’s appointment.
1007 Section 37. Subsection (4) of section 626.8734, Florida
1008 Statutes, is amended to read:
1009 626.8734 Nonresident all-lines adjuster license
1010 qualifications.—
1011 (4) As a condition of doing business in this state as a
1012 nonresident independent adjuster, the appointee must submit an
1013 affidavit to the department certifying that the licensee is
1014 familiar with and understands the insurance laws and
1015 administrative rules of this state and the provisions of the
1016 contracts negotiated or to be negotiated. Compliance with this
1017 filing requirement is a condition precedent to the issuance,
1018 continuation, reinstatement, or renewal of a nonresident
1019 independent adjuster’s appointment.
1020 Section 38. Paragraph (h) of subsection (1) of section
1021 626.88, Florida Statutes, is amended to read:
1022 626.88 Definitions.—For the purposes of this part, the
1023 term:
1024 (1) “Administrator” is any person who directly or
1025 indirectly solicits or effects coverage of, collects charges or
1026 premiums from, or adjusts or settles claims on residents of this
1027 state in connection with authorized commercial self-insurance
1028 funds or with insured or self-insured programs which provide
1029 life or health insurance coverage or coverage of any other
1030 expenses described in s. 624.33(1) or any person who, through a
1031 health care risk contract as defined in s. 641.234 with an
1032 insurer or health maintenance organization, provides billing and
1033 collection services to health insurers and health maintenance
1034 organizations on behalf of health care providers, other than any
1035 of the following persons:
1036 (h) A person appointed licensed as a managing general agent
1037 in this state, whose activities are limited exclusively to the
1038 scope of activities conveyed under such appointment license.
1039
1040 A person who provides billing and collection services to health
1041 insurers and health maintenance organizations on behalf of
1042 health care providers shall comply with the provisions of ss.
1043 627.6131, 641.3155, and 641.51(4).
1044 Section 39. Subsection (2) of section 626.927, Florida
1045 Statutes, is amended to read:
1046 626.927 Licensing of surplus lines agent.—
1047 (2) Any individual, while licensed as and appointed as a
1048 managing general agent as defined in s. 626.015, or service
1049 representative as defined in s. 626.015, and who otherwise
1050 possesses all of the other qualifications of a general lines
1051 agent under this code, and who has a minimum of 1 year of year’s
1052 experience working for a licensed surplus lines agent or who has
1053 successfully completed 60 class hours in surplus and excess
1054 lines in a course approved by the department, may, upon taking
1055 and successfully passing a written examination as to surplus
1056 lines, as given by the department, be licensed as a surplus
1057 lines agent solely for the purpose of placing with surplus lines
1058 insurers property, marine, casualty, or surety coverages
1059 originated by general lines agents; except that no examination
1060 as for a general lines agent’s license shall be required of any
1061 managing general agent or service representative who held a
1062 Florida surplus lines agent’s license as of January 1, 1959.
1063 Section 40. Subsection (3) of section 626.930, Florida
1064 Statutes, is amended to read:
1065 626.930 Records of surplus lines agent.—
1066 (3) Each surplus lines agent shall maintain all surplus
1067 lines business records in his or her general lines agency
1068 office, if licensed as a general lines agent, or in his or her
1069 managing general agency office, if licensed as a managing
1070 general agent or the full-time salaried employee of such general
1071 agent.
1072 Section 41. Subsection (2) of section 626.9892, Florida
1073 Statutes, is amended to read:
1074 626.9892 Anti-Fraud Reward Program; reporting of insurance
1075 fraud.—
1076 (2) The department may pay rewards of up to $25,000 to
1077 persons providing information leading to the arrest and
1078 conviction of persons committing crimes investigated by the
1079 department arising from violations of s. 440.105, s. 624.15, s.
1080 626.9541, s. 626.989, s. 790.164, s. 790.165, s. 790.166, s.
1081 806.01, s. 806.031, s. 806.10, s. 806.111, s. 817.233, or s.
1082 817.234.
1083 Section 42. Subsection (3) of section 633.302, Florida
1084 Statutes, is amended to read:
1085 633.302 Florida Fire Safety Board; membership; duties;
1086 meetings; officers; quorum; compensation; seal.—
1087 (3) The State Fire Marshal’s term on the board, or that of
1088 her or his designee, must shall coincide with the State Fire
1089 Marshal’s term of office. Of the other six members of the board,
1090 one member shall be appointed for a term of 1 year, one member
1091 for a term of 2 years, two members for terms of 3 years, and two
1092 members for terms of 4 years. All other terms are 4 years and
1093 expire on June 30 of the last year of the term. When the term of
1094 a member expires, the State Fire Marshal shall appoint a member
1095 to fill the vacancy for a term of 4 years. The State Fire
1096 Marshal may remove any appointed member for cause. A vacancy in
1097 the membership of the board for any cause must shall be filled
1098 by appointment by the State Fire Marshal for the balance of the
1099 unexpired term.
1100 Section 43. Subsection (2), paragraph (a) of subsection
1101 (3), and paragraphs (b), (c), and (d) of subsection (4) of
1102 section 633.304, Florida Statutes, are amended to read:
1103 633.304 Fire suppression equipment; license to install or
1104 maintain.—
1105 (2) A person who holds a valid fire equipment dealer
1106 license may maintain such license in an inactive status during
1107 which time he or she may not engage in any work under the
1108 definition of the license held. An inactive status license is
1109 shall be void after 4 years or when the license is renewed,
1110 whichever comes first. However, an inactive status license must
1111 be reactivated before December 31 of each odd-numbered year. An
1112 inactive status license may not be reactivated unless the
1113 continuing education requirements of this chapter have been
1114 fulfilled.
1115 (3) Each individual actually performing the work of
1116 servicing, recharging, repairing, hydrotesting, installing,
1117 testing, or inspecting fire extinguishers or preengineered
1118 systems must possess a valid and subsisting permit issued by the
1119 division. Permittees are limited as to specific type of work
1120 performed to allow work no more extensive than the class of
1121 license held by the licensee under whom the permittee is
1122 working. Permits will be issued by the division as follows:
1123 (a) Portable permit: “Portable permittee” means a person
1124 who is limited to performing work no more extensive than the
1125 employing or contractually related licensee in the servicing,
1126 recharging, repairing, installing, or inspecting all types of
1127 portable fire extinguishers.
1128
1129 Any fire equipment permittee licensed pursuant to this
1130 subsection who does not want to engage in servicing, inspecting,
1131 recharging, repairing, hydrotesting, or installing halon
1132 equipment must file an affidavit on a form provided by the
1133 division so stating. Permits will be issued by the division to
1134 show the work authorized thereunder. It is unlawful, unlicensed
1135 activity for a person or firm to falsely hold himself or herself
1136 out to perform any service, inspection, recharge, repair,
1137 hydrotest, or installation except as specifically described in
1138 the permit.
1139 (4)
1140 (b) After initial licensure, each licensee or permittee
1141 must successfully complete a course or courses of continuing
1142 education for fire equipment technicians of at least 16 hours. A
1143 license or permit may not be renewed unless the licensee or
1144 permittee produces documentation of the completion of at least
1145 16 hours of continuing education for fire equipment technicians
1146 during the biennial licensure period. A person who is both a
1147 licensee and a permittee shall be required to complete 16 hours
1148 of continuing education during each renewal period. Each
1149 licensee shall ensure that all permittees in his or her
1150 employment or through a contractual agreement meet their
1151 continuing education requirements. The State Fire Marshal shall
1152 adopt rules describing the continuing education requirements and
1153 shall have the authority upon reasonable belief, to audit a fire
1154 equipment dealer to determine compliance with continuing
1155 education requirements.
1156 (c) The forms of such licenses and permits and applications
1157 therefor must shall be prescribed by the State Fire Marshal; in
1158 addition to such other information and data as that officer
1159 determines is appropriate and required for such forms, there
1160 must shall be included in such forms the following matters. Each
1161 such application must be in such form as to provide that the
1162 data and other information set forth therein shall be sworn to
1163 by the applicant or, if a corporation, by an officer thereof. An
1164 application for a permit must include the name of the licensee
1165 employing, or contractually related to, such permittee, and the
1166 permit issued in pursuance of such application must also set
1167 forth the name of such licensee. A permit is valid solely for
1168 use by the holder thereof in his or her employment by, or
1169 contractual relationship with, the licensee named in the permit.
1170 (d) A license of any class may not be issued or renewed by
1171 the division and a license of any class does not remain
1172 operative unless:
1173 1. The applicant has submitted to the State Fire Marshal
1174 evidence of registration as a Florida corporation or evidence of
1175 compliance with s. 865.09.
1176 2. The State Fire Marshal or his or her designee has by
1177 inspection determined that the applicant possesses the equipment
1178 required for the class of license sought. The State Fire Marshal
1179 shall give an applicant a reasonable opportunity to correct any
1180 deficiencies discovered by inspection. To obtain such
1181 inspection, an applicant with facilities located outside this
1182 state must:
1183 a. Provide a notarized statement from a professional
1184 engineer licensed by the applicant’s state of domicile
1185 certifying that the applicant possesses the equipment required
1186 for the class of license sought and that all such equipment is
1187 operable; or
1188 b. Allow the State Fire Marshal or her or his designee to
1189 inspect the facility. All costs associated with the State Fire
1190 Marshal’s inspection must shall be paid by the applicant. The
1191 State Fire Marshal, in accordance with s. 120.54, may adopt
1192 rules to establish standards for the calculation and
1193 establishment of the amount of costs associated with any
1194 inspection conducted by the State Fire Marshal under this
1195 section. Such rules must shall include procedures for invoicing
1196 and receiving funds in advance of the inspection.
1197 3. The applicant has submitted to the State Fire Marshal
1198 proof of insurance providing coverage for comprehensive general
1199 liability for bodily injury and property damage, products
1200 liability, completed operations, and contractual liability. The
1201 State Fire Marshal shall adopt rules providing for the amounts
1202 of such coverage, but such amounts may not be less than $300,000
1203 for Class A or Class D licenses, $200,000 for Class B licenses,
1204 and $100,000 for Class C licenses; and the total coverage for
1205 any class of license held in conjunction with a Class D license
1206 may not be less than $300,000. The State Fire Marshal may, at
1207 any time after the issuance of a license or its renewal, require
1208 upon demand, and in no event more than 30 days after notice of
1209 such demand, the licensee to provide proof of insurance, on the
1210 insurer’s a form provided by the State Fire Marshal, containing
1211 confirmation of insurance coverage as required by this chapter.
1212 Failure, for any length of time, to provide proof of insurance
1213 coverage as required must shall result in the immediate
1214 suspension of the license until proof of proper insurance is
1215 provided to the State Fire Marshal. An insurer that which
1216 provides such coverage shall notify the State Fire Marshal of
1217 any change in coverage or of any termination, cancellation, or
1218 nonrenewal of any coverage.
1219 4. The applicant applies to the State Fire Marshal,
1220 provides proof of experience, and successfully completes a
1221 prescribed training course offered by the State Fire College or
1222 an equivalent course approved by the State Fire Marshal. This
1223 subparagraph does not apply to any holder of or applicant for a
1224 permit under paragraph (g) or to a business organization or a
1225 governmental entity seeking initial licensure or renewal of an
1226 existing license solely for the purpose of inspecting,
1227 servicing, repairing, marking, recharging, and maintaining fire
1228 extinguishers used and located on the premises of and owned by
1229 such organization or entity.
1230 5. The applicant has a current retestor identification
1231 number that is appropriate for the license for which the
1232 applicant is applying and that is listed with the United States
1233 Department of Transportation.
1234 6. The applicant has passed, with a grade of at least 70
1235 percent, a written examination testing his or her knowledge of
1236 the rules and statutes governing the activities authorized by
1237 the license and demonstrating his or her knowledge and ability
1238 to perform those tasks in a competent, lawful, and safe manner.
1239 Such examination must shall be developed and administered by the
1240 State Fire Marshal, or his or her designee in accordance with
1241 policies and procedures of the State Fire Marshal. An applicant
1242 shall pay a nonrefundable examination fee of $50 for each
1243 examination or reexamination scheduled. A reexamination may not
1244 be scheduled sooner than 30 days after any administration of an
1245 examination to an applicant. An applicant may not be permitted
1246 to take an examination for any level of license more than a
1247 total of four times during 1 year, regardless of the number of
1248 applications submitted. As a prerequisite to licensure of the
1249 applicant, he or she:
1250 a. Must be at least 18 years of age.
1251 b. Must have 4 years of proven experience as a fire
1252 equipment permittee at a level equal to or greater than the
1253 level of license applied for or have a combination of education
1254 and experience determined to be equivalent thereto by the State
1255 Fire Marshal. Having held a permit at the appropriate level for
1256 the required period constitutes the required experience.
1257 c. Must not have been convicted of a felony or a crime
1258 punishable by imprisonment of 1 year or more under the law of
1259 the United States or of any state thereof or under the law of
1260 any other country. “Convicted” means a finding of guilt or the
1261 acceptance of a plea of guilty or nolo contendere in any federal
1262 or state court or a court in any other country, without regard
1263 to whether a judgment of conviction has been entered by the
1264 court having jurisdiction of the case. If an applicant has been
1265 convicted of any such felony, the applicant is shall be excluded
1266 from licensure for a period of 4 years after expiration of
1267 sentence or final release by the Florida Commission on Offender
1268 Review unless the applicant, before the expiration of the 4-year
1269 period, has received a full pardon or has had her or his civil
1270 rights restored.
1271
1272 This subparagraph does not apply to any holder of or applicant
1273 for a permit under paragraph (g) or to a business organization
1274 or a governmental entity seeking initial licensure or renewal of
1275 an existing license solely for the purpose of inspecting,
1276 servicing, repairing, marking, recharging, hydrotesting, and
1277 maintaining fire extinguishers used and located on the premises
1278 of and owned by such organization or entity.
1279 Section 44. Subsection (7) of section 633.318, Florida
1280 Statutes, is amended to read:
1281 633.318 Certificate application and issuance; permit
1282 issuance; examination and investigation of applicant.—
1283 (7) The State Fire Marshal may, at any time subsequent to
1284 the issuance of the certificate or its renewal, require, upon
1285 demand and in no event more than 30 days after notice of the
1286 demand, the certificateholder to provide proof of insurance
1287 coverage on the insurer’s a form provided by the State Fire
1288 Marshal containing confirmation of insurance coverage as
1289 required by this chapter. Failure to provide proof of insurance
1290 coverage as required, for any length of time, shall result in
1291 the immediate suspension of the certificate until proof of
1292 insurance is provided to the State Fire Marshal.
1293 Section 45. Paragraph (b) of subsection (6) of section
1294 633.408, Florida Statutes, is amended, and paragraph (c) is
1295 added to that subsection, to read:
1296 633.408 Firefighter and volunteer firefighter training and
1297 certification.—
1298 (6)
1299 (b) A Special Certificate of Compliance only authorizes an
1300 individual to serve as an administrative and command head of a
1301 fire service provider.
1302 1. An individual employed as a fire chief, fire
1303 coordinator, fire director, or fire administrator must obtain a
1304 Special Certificate of Compliance within 1 year after beginning
1305 employment.
1306 2. Before beginning employment as a command officer or in a
1307 position directing incident outcomes, an individual must obtain
1308 a Certificate of Compliance or a Special Certificate of
1309 Compliance.
1310 (c) In order to retain a Special Certificate of Compliance,
1311 every 4 years an individual must:
1312 1. Be active as a firefighter;
1313 2. Maintain a current and valid Fire Service Instructor
1314 Certificate, instruct at least 40 hours during the 4-year
1315 period, and provide proof of such instruction to the division,
1316 which proof must be registered in an electronic database
1317 designated by the division; or
1318 3. Within 6 months before the 4-year period expires,
1319 successfully complete a Firefighter Retention Refresher Course
1320 consisting of a minimum of 40 hours of training as prescribed by
1321 rule.
1322 Section 46. Subsection (1) of section 633.416, Florida
1323 Statutes, is amended, present subsections (7) and (8) of that
1324 section are redesignated as subsections (8) and (9),
1325 respectively, and a new subsection (7) is added to that section,
1326 to read:
1327 633.416 Firefighter employment and volunteer firefighter
1328 service; saving clause.—
1329 (1) A fire service provider may not employ an individual
1330 to:
1331 (a) Extinguish fires for the protection of life or property
1332 or to supervise individuals who perform such services unless the
1333 individual holds a current and valid Firefighter Certificate of
1334 Compliance; or
1335 (b) Serve as the administrative and command head of a fire
1336 service provider for a period in excess of 1 year unless the
1337 individual holds a current and valid Firefighter Certificate of
1338 Compliance or Special Certificate of Compliance pursuant to s.
1339 633.408.
1340 (7) A fire service provider may employ veterans who were
1341 honorably discharged and who received Florida-equivalent
1342 training. The standard of equivalency of training must be
1343 verified by the division before such an individual’s employment
1344 begins. Such individual must obtain a Firefighter Certificate of
1345 Compliance within 24 months after employment.
1346 Section 47. Paragraph (e) of subsection (1) of section
1347 633.444, Florida Statutes, is amended to read:
1348 633.444 Division powers and duties; Florida State Fire
1349 College.—
1350 (1) The division, in performing its duties related to the
1351 Florida State Fire College, specified in this part, shall:
1352 (e) Develop a staffing and funding formula for the Florida
1353 State Fire College. The formula must include differential
1354 funding levels for various types of programs, must be based on
1355 the number of full-time equivalent students and information
1356 obtained from scheduled attendance counts taken the first day of
1357 each program, and must provide the basis for the legislative
1358 budget request. As used in this section, a full-time equivalent
1359 student is equal to a minimum of 900 hours in a technical
1360 certificate program and 400 hours in a degree-seeking program.
1361 The funding formula must be as prescribed pursuant to s.
1362 1011.62, must include procedures to document daily attendance,
1363 and must require that attendance records be retained for audit
1364 purposes.
1365 Section 48. Subsection (8) of section 648.27, Florida
1366 Statutes, is amended to read:
1367 648.27 Licenses and appointments; general.—
1368 (8) An application for a managing general agent’s license
1369 must be made by an insurer who proposes to employ or appoint an
1370 individual, partnership, association, or corporation as a
1371 managing general agent. Such application shall contain the
1372 information required by s. 626.744, and the applicant shall pay
1373 the same fee as a managing general agent licensed pursuant to
1374 that section. An individual who is appointed as a managing
1375 general agent to supervise or manage bail bond business written
1376 in this state must also be licensed as a bail bond agent. In the
1377 case of an entity, at least one owner, officer, or director at
1378 each office location must be licensed as a bail bond agent.
1379 Section 49. Present subsection (6) of section 648.34,
1380 Florida Statutes, is redesignated as subsection (7), and a new
1381 subsection (6) is added to that section, to read:
1382 648.34 Bail bond agents; qualifications.—
1383 (6) The requirements for completion and submission of
1384 fingerprints under this chapter are deemed to be met when an
1385 individual currently licensed under this chapter seeks
1386 additional licensure and has previously submitted fingerprints
1387 to the department in support of an application for licensure
1388 under this chapter within the past 48 months. However, the
1389 department may require the individual to file fingerprints if it
1390 has reason to believe that an applicant or licensee has been
1391 found guilty of, or pleaded guilty or nolo contendere to, a
1392 felony or a crime related to the business of insurance in this
1393 or any other state or jurisdiction.
1394 Section 50. For the purpose of incorporating the amendment
1395 made by this act to section 626.221, Florida Statutes, in a
1396 reference thereto, paragraph (b) of subsection (1) of section
1397 626.8734, Florida Statutes, is reenacted to read:
1398 626.8734 Nonresident all-lines adjuster license
1399 qualifications.—
1400 (1) The department shall issue a license to an applicant
1401 for a nonresident all-lines adjuster license upon determining
1402 that the applicant has paid the applicable license fees required
1403 under s. 624.501 and:
1404 (b) Has passed to the satisfaction of the department a
1405 written Florida all-lines adjuster examination of the scope
1406 prescribed in s. 626.241(6); however, the requirement for the
1407 examination does not apply to:
1408 1. An applicant who is licensed as an all-lines adjuster in
1409 his or her home state if that state has entered into a
1410 reciprocal agreement with the department;
1411 2. An applicant who is licensed as a nonresident all-lines
1412 adjuster in a state other than his or her home state and a
1413 reciprocal agreement with the appropriate official of the state
1414 of licensure has been entered into with the department; or
1415 3. An applicant who holds a certification set forth in s.
1416 626.221(2)(j).
1417 Section 51. This act shall take effect July 1, 2018.
1418
1419 ================= T I T L E A M E N D M E N T ================
1420 And the title is amended as follows:
1421 Delete everything before the enacting clause
1422 and insert:
1423 A bill to be entitled
1424 An act relating to the Department of Financial
1425 Services; amending s. 17.64, F.S.; providing that
1426 electronic images of warrants, vouchers, or checks in
1427 the Division of Treasury are deemed to be original
1428 records; revising the applicable medium, from film or
1429 print to electronic, in provisions relating to copies
1430 and reproductions of records and documents of the
1431 division; amending s. 20.121, F.S.; renaming the
1432 Bureau of Fire and Arson Investigations within the
1433 Division of Investigative and Forensic Services as the
1434 Bureau of Fire, Arson, and Explosives Investigations;
1435 creating the Bureau of Insurance Fraud and the Bureau
1436 of Workers’ Compensation Fraud within the division;
1437 amending s. 39.6035, F.S.; requiring certain child
1438 transition plans to address financial literacy;
1439 specifying requirements for the Department of Children
1440 and Families and community-based providers relating to
1441 a certain financial literacy curriculum offered by the
1442 department; amending s. 39.6251, F.S.; revising
1443 conditions under which certain children are eligible
1444 to remain in licensed care; amending s. 218.32, F.S.;
1445 providing legislative intent relating to the creation
1446 of the Florida Open Financial Statement System;
1447 authorizing the Chief Financial Officer to consult
1448 with certain stakeholders for input on the design and
1449 implementation of the system; specifying requirements
1450 and procedures for the Chief Financial Officer in
1451 selecting and recruiting contractors for certain
1452 purposes; requiring the Chief Financial Officer to
1453 require completion of all work by a specified date;
1454 providing that if the Chief Financial Officer deems
1455 work products adequate, all local governmental
1456 financial statements pertaining to fiscal years ending
1457 on or after a specified date must meet certain
1458 requirements; providing construction; providing an
1459 appropriation; amending s. 284.40, F.S.; authorizing
1460 the department to disclose certain personal
1461 identifying information of injured or deceased
1462 employees which is exempt from disclosure under the
1463 Workers’ Compensation Law to department-contracted
1464 vendors for certain purposes; amending s. 284.50,
1465 F.S.; requiring safety coordinators of state
1466 governmental departments to complete, within a certain
1467 timeframe, safety coordinator training offered by the
1468 department; requiring certain agencies to report
1469 certain return-to-work information to the department;
1470 requiring agencies to provide certain risk management
1471 program information to the Division of Risk Management
1472 for certain purposes; specifying requirements for
1473 agencies in reviewing and responding to certain
1474 information and communications provided by the
1475 division; amending s. 409.1451, F.S.; revising
1476 conditions under which a young adult is eligible for
1477 postsecondary education services and support under the
1478 Road-to-Independence Program; conforming a provision
1479 to changes made by the act; amending s. 414.411, F.S.;
1480 replacing the Department of Economic Opportunity with
1481 the Department of Education in a list of entities to
1482 which a public assistance recipient may be required to
1483 provide written consent for certain investigative
1484 inquiries and to which the department must report
1485 investigation results; amending s. 497.168, F.S.;
1486 providing an exemption from specified application fees
1487 for members and certain veterans of the United States
1488 Armed Forces; amending s. 497.456, F.S.; authorizing
1489 the department, on or before a specified date, to
1490 transfer up to a specified amount from the Preneed
1491 Funeral Contract Consumer Protection Trust Fund to the
1492 Regulatory Trust Fund for a certain purpose;
1493 authorizing the department to annually transfer earned
1494 or accrued interest from the Preneed Funeral Contract
1495 Consumer Protection Trust Fund to the Regulatory Trust
1496 Fund for a certain purpose; providing for expiration;
1497 amending s. 624.317, F.S.; authorizing the department
1498 to conduct investigations of any, rather than
1499 specified, agents subject to its jurisdiction;
1500 amending s. 624.34, F.S.; conforming a provision to
1501 changes made by the act; amending s. 624.4073, F.S.;
1502 prohibiting certain officers or directors of insolvent
1503 insurers from having direct or indirect control over
1504 certain selection or appointment of officers or
1505 directors, except under certain circumstances;
1506 amending ss. 624.4094, 624.501, 624.509, and 625.071,
1507 F.S.; conforming provisions to changes made by the
1508 act; amending s. 626.112, F.S.; requiring a managing
1509 general agent to hold a currently effective producer
1510 license rather than a managing general agent license;
1511 amending s. 626.171, F.S.; deleting applicability of
1512 licensing provisions as to managing general agents;
1513 making a technical change; amending s. 626.202, F.S.;
1514 providing that certain applicants are not required to
1515 resubmit fingerprints to the department under certain
1516 circumstances; authorizing the department to require
1517 these applicants to file fingerprints under certain
1518 circumstances; providing an exemption from
1519 fingerprinting requirements for members and certain
1520 veterans of the United States Armed Forces; requiring
1521 such members and veterans to provide certain
1522 documentation of good standing or honorable discharge;
1523 amending s. 626.207, F.S.; conforming a provision to
1524 changes made by the act; amending s. 626.221, F.S.;
1525 adding a designation that exempts applicants for
1526 licensure as an all-lines adjuster from an examination
1527 requirement; amending s. 626.451, F.S.; deleting a
1528 requirement for law enforcement agencies and state
1529 attorney’s offices to notify the department or the
1530 Office of Insurance Regulation of certain felony
1531 dispositions; deleting a requirement for the state
1532 attorney to provide the department or office a
1533 certified copy of an information or indictment against
1534 a managing general agent; conforming a provision to
1535 changes made by the act; amending s. 626.521, F.S.;
1536 revising requirements for credit and character reports
1537 secured and kept by insurers or employers appointing
1538 certain insurance representatives; providing
1539 applicability; amending s. 626.731, F.S.; deleting a
1540 certain qualification for licensure as a general lines
1541 agent; amending s. 626.7351, F.S.; revising a
1542 qualification for licensure as a customer
1543 representative; amending s. 626.744, F.S.; conforming
1544 a provision to changes made by the act; amending s.
1545 626.745, F.S.; revising conditions under which service
1546 representatives and managing general agents may engage
1547 in certain activities; amending ss. 626.7451 and
1548 626.7455, F.S.; conforming provisions to changes made
1549 by the act; amending s. 626.752, F.S.; revising a
1550 requirement for the Brokering Agent’s Register
1551 maintained by brokering agents; revising the limit on
1552 certain personal lines risks an insurer may receive
1553 from an agent within a specified timeframe before the
1554 insurer must comply with certain reporting
1555 requirements for that agent; amending s. 626.793,
1556 F.S.; revising the limit on certain risks that certain
1557 insurers may receive from a life agent within a
1558 specified timeframe before the insurer must comply
1559 with certain reporting requirements for that agent;
1560 amending s. 626.837, F.S.; revising the limit on
1561 certain risks that certain insurers may receive from a
1562 health agent within a specified timeframe before the
1563 insurer must comply with certain reporting
1564 requirements for that agent; amending s. 626.8732,
1565 F.S.; deleting a requirement for a licensed
1566 nonresident public adjuster to submit a certain annual
1567 affidavit to the department; amending s. 626.8734,
1568 F.S.; deleting a requirement for a nonresident
1569 independent adjuster to submit a certain annual
1570 affidavit to the department; amending s. 626.88, F.S.;
1571 conforming a provision to changes made by the act;
1572 amending s. 626.927, F.S.; revising conditions under
1573 which an individual may be licensed as a surplus lines
1574 agent solely for the purpose of placing certain
1575 coverages with surplus lines insurers; amending s.
1576 626.930, F.S.; revising a requirement relating to the
1577 location of a surplus lines agent’s surplus lines
1578 business records; amending s. 626.9892, F.S.;
1579 authorizing the department to pay up a specified
1580 amount of rewards under the Anti-Fraud Reward Program
1581 for information leading to the arrest and conviction
1582 of persons guilty of arson; amending s. 633.302, F.S.;
1583 revising the term duration of certain members of the
1584 Florida Fire Safety Board; amending s. 633.304, F.S.;
1585 revising circumstances under which an inactive fire
1586 equipment dealer license is void; specifying the
1587 timeframe when an inactive license must be
1588 reactivated; specifying that permittees performing
1589 certain work on fire equipment may be contracted
1590 rather than employed; revising a requirement for a
1591 certain proof-of-insurance form to be provided by the
1592 insurer rather than the State Fire Marshal; amending
1593 s. 633.318, F.S.; revising a requirement for a certain
1594 proof-of-insurance form to be provided by the insurer
1595 rather than the State Fire Marshal; amending s.
1596 633.408, F.S.; specifying firefighter certification
1597 requirements for certain individuals employed in
1598 administrative and command positions of a fire service
1599 provider; specifying conditions for an individual to
1600 retain a Special Certificate of Compliance; amending
1601 s. 633.416, F.S.; authorizing fire service providers
1602 to employ honorably discharged veterans who received
1603 Florida-equivalent training; requiring the Division of
1604 State Fire Marshal to verify the equivalency of such
1605 training before the individual begins employment;
1606 requiring such individual to obtain a Firefighter
1607 Certificate of Compliance within a specified
1608 timeframe; making a technical change; amending s.
1609 633.444, F.S.; deleting a requirement for the Division
1610 of State Fire Marshal to develop a staffing and
1611 funding formula for the Florida State Fire College;
1612 amending s. 648.27, F.S.; revising conditions under
1613 which a managing general agent must also be licensed
1614 as a bail bond agent; conforming a provision to
1615 changes made by the act; amending s. 648.34, F.S.;
1616 providing that certain individuals applying for bail
1617 bond agent licensure are not required to resubmit
1618 fingerprints to the department under certain
1619 circumstances; authorizing the department to require
1620 such individuals to file fingerprints under certain
1621 circumstances; reenacting s. 626.8734(1)(b), F.S.,
1622 relating to nonresident all-lines adjuster license
1623 qualifications, to incorporate the amendment made to
1624 s. 626.221, F.S., in a reference thereto; providing an
1625 effective date.