Florida Senate - 2019 CS for SB 1704
By the Committee on Banking and Insurance; and Senator Wright
597-03484-19 20191704c1
1 A bill to be entitled
2 An act relating to the Department of Financial
3 Services; amending s. 17.56, F.S.; requiring the
4 Division of Treasury to maintain, rather than turn
5 over to the Division of Accounting and Auditing,
6 warrants drawn by the Chief Financial Officer;
7 specifying the timeframe during which such warrants
8 must be maintained; making a technical change;
9 amending ss. 497.263 and 497.266, F.S.; deleting a
10 requirement that trust companies, where certain care
11 and maintenance trust funds may be established, must
12 operate pursuant to ch. 660, F.S.; amending s.
13 497.376, F.S.; specifying required educational
14 credentials for certain applicants for a combination
15 license as both funeral director and embalmer;
16 amending s. 497.377, F.S.; specifying qualifications
17 for certain applicants for a combination funeral
18 director and embalmer intern license; providing
19 application requirements; specifying limitations on
20 and authorized actions of interns; specifying the
21 expiration of intern licenses; authorizing the
22 licensing authority to adopt certain rules; amending
23 s. 497.380, F.S.; revising requirements for the
24 supervision of licensed funeral establishments by
25 funeral directors in charge; revising establishments a
26 funeral director may be in charge of; revising funeral
27 director licensing requirements for certain
28 establishments; amending s. 497.385, F.S.; revising
29 requirements for the supervision of licensed
30 centralized embalming facilities; amending s. 497.452,
31 F.S.; deleting a requirement that trust companies must
32 operate pursuant to ch. 660, F.S., to be exempt from a
33 certain preneed licensing requirement; amending s.
34 497.453, F.S.; specifying annual trust reporting
35 requirements for certain preneed licensees or certain
36 groups of preneed licensees; defining the term “Year
37 1” and “Year 2”; authorizing the department to adopt
38 certain rules; amending ss. 497.458 and 497.464, F.S.;
39 deleting a requirement that trust companies must
40 operate pursuant to ch. 660, F.S., to enter into
41 certain revocable trust instruments and act as
42 trustees for certain preneed contract purchasers,
43 respectively; amending s. 497.604, F.S.; revising
44 requirements for the supervision of direct disposal
45 establishments; amending s. 497.606, F.S.; revising
46 requirements for the supervision of cinerator
47 facilities; amending s. 626.022, F.S.; conforming a
48 cross-reference; amending s. 626.025, F.S.; conforming
49 a provision to changes made by the act; amending s.
50 626.175, F.S.; authorizing the department to issue
51 nonrenewable temporary licenses authorizing the
52 appointment of personal lines agents; deleting such
53 authorization for industrial fire or burglary agents;
54 revising circumstances under which the department may
55 issue temporary licenses authorizing the appointment
56 of life agents; specifying circumstances under which
57 the department may issue temporary licenses
58 authorizing the appointment of personal lines agents;
59 prohibiting certain licensees from soliciting,
60 negotiating, or effecting contracts of insurance;
61 amending s. 626.207, F.S.; providing an exception from
62 a disqualification period from licensure as an
63 insurance representative for certain persons found
64 guilty or pleading guilty or nolo contendere to
65 certain felonies; authorizing the department to issue
66 licenses on a probationary period for a certain
67 timeframe; specifying when the probationary period
68 ends; amending s. 626.221, F.S.; specifying that a
69 certain exemption from an examination requirement
70 applies to applicants for an all-lines adjuster
71 license; amending s. 626.2815, F.S.; revising the
72 individuals that are subject to a certain continuing
73 education requirement; amending s. 626.321, F.S.;
74 deleting an examination requirement for an applicant
75 for an industrial fire insurance or burglary insurance
76 license; providing that, beginning on a specified
77 date, the license and appointment may be renewed, but
78 no new or additional licenses may be issued and the
79 license may not be reinstated; deleting an examination
80 requirement for crop hail and multiple peril crop
81 insurance licenses; amending s. 626.471, F.S.;
82 authorizing an appointing entity to provide a
83 termination notice to the appointee by e-mail;
84 providing that the e-mail must be addressed to the
85 appointee’s last e-mail address of record; specifying
86 when notice by e-mail is deemed to have been given;
87 repealing s. 626.521, F.S., relating to credit and
88 character reports; amending s. 626.536, F.S.; deleting
89 a requirement for insurance agencies to report certain
90 administrative actions to the department; amending s.
91 626.6215, F.S.; adding certain grounds for the
92 department’s discretionary refusal, suspension, or
93 revocation of an insurance agency license; amending s.
94 626.729, F.S.; revising the definition of the term
95 “industrial fire insurance” relating to burglary
96 insurance; repealing s. 626.7355, F.S., relating to a
97 temporary license as a customer representative pending
98 examination; amending ss. 626.8437 and 626.844, F.S.;
99 revising certain grounds for the denial of, suspension
100 of, revocation of, or refusal to renew licenses or
101 appointments of title insurance agents or agencies;
102 amending s. 626.8732, F.S.; revising qualifications
103 for the issuance of a nonresident public adjuster’s
104 license; amending s. 627.7015, F.S.; requiring
105 mediators in certain property insurance claim
106 mediations to provide a certain written report to
107 certain parties at the conclusion of the mediation;
108 amending s. 633.216, F.S.; conforming a cross
109 reference; amending s. 633.218, F.S.; deleting a
110 requirement that state-owned or state-leased buildings
111 be identified through use of the United States
112 National Grid Coordinate System; amending s. 633.306,
113 F.S.; specifying requirements for components and parts
114 of installed fire extinguishers and preengineered
115 systems; amending s. 633.312, F.S.; specifying means
116 by which local authorities having jurisdiction may
117 accept inspection reports by contractors inspecting
118 fire hydrants and fire protection systems; requiring
119 the State Fire Marshal to adopt rules implementing a
120 uniform summary inspection report and submission
121 procedures; providing requirements for such report and
122 procedures; amending s. 633.520, F.S.; authorizing the
123 Division of State Fire Marshal to adopt certain rules
124 establishing firefighter employer cancer prevention
125 best practices; amending s. 648.49, F.S.; specifying
126 that reinstatement of a bail bond agent license is
127 contingent upon filing an application with, and
128 approval by, the department; amending s. 717.124,
129 F.S.; increasing the threshold amount of
130 electronically submitted claims under which the
131 department may use alternative identity verification
132 methods; authorizing the department to develop and
133 implement specified identification verification and
134 disbursement processes for certain unclaimed property
135 accounts; authorizing the department to develop
136 processes for certain electronic submissions;
137 specifying requirements for the submission of claims
138 and recordkeeping; authorizing the department to adopt
139 rules; providing an effective date.
140
141 Be It Enacted by the Legislature of the State of Florida:
142
143 Section 1. Section 17.56, Florida Statutes, is amended to
144 read:
145 17.56 Division of Treasury to maintain turn over to the
146 Division of Accounting and Auditing all warrants paid.—The
147 Division of Treasury shall maintain turn over to the Division of
148 Accounting and Auditing all warrants drawn by the Chief
149 Financial Officer or the Comptroller and paid by the Division of
150 Treasury for a period of 10 years from the date the warrant was
151 presented for payment. The warrants shall be turned over as soon
152 as the Division of Treasury shall have recorded such warrants
153 and charged the same against the accounts upon which such
154 warrants are drawn.
155 Section 2. Paragraph (a) of subsection (3) of section
156 497.263, Florida Statutes, is amended to read:
157 497.263 Cemetery companies; license required; licensure
158 requirements and procedures.—
159 (3) ACTION CONCERNING APPLICATIONS.—If the licensing
160 authority finds that the applicant meets the criteria
161 established in subsection (2), the applicant shall be notified
162 that a license will be issued when all of the following
163 conditions are satisfied:
164 (a) The establishment of a care and maintenance trust fund
165 containing not less than $50,000 has been certified by a trust
166 company operating pursuant to chapter 660, a state or national
167 bank holding trust powers, or a savings and loan association
168 holding trust powers as provided in s. 497.458, pursuant to a
169 trust agreement approved by the licensing authority. The $50,000
170 required for the care and maintenance trust fund shall be over
171 and above the $50,000 net worth required by subsection (2).
172 Section 3. Subsection (1) of section 497.266, Florida
173 Statutes, is amended to read:
174 497.266 Care and maintenance trust fund; remedy of
175 department for noncompliance.—
176 (1) A No cemetery company may not establish a cemetery, or
177 operate a cemetery if already established, without providing for
178 the future care and maintenance of the cemetery, for which a
179 care and maintenance trust fund shall be established, to be
180 known as “the care and maintenance trust fund of .....” The
181 trust fund shall be established with a trust company operating
182 pursuant to chapter 660, with a state or national bank holding
183 trust powers, or with a federal or state savings and loan
184 association holding trust powers. Trust funds which are with a
185 state or national bank or savings and loan association licensed
186 in this state on October 1, 1993, shall remain in force;
187 however, when the amount of any such trust fund exceeds the
188 amount that is insured by an agency of the Federal Government,
189 the cemetery company shall transfer that trust fund to a trust
190 company operating pursuant to chapter 660, to a state or
191 national bank holding trust powers, or to a federal or state
192 savings and loan association holding trust powers.
193 Section 4. Section 497.376, Florida Statutes, is amended to
194 read:
195 497.376 License as funeral director and embalmer
196 permitted.—
197 (1) This chapter does not prohibit a person from holding a
198 license as an embalmer and a license as a funeral director at
199 the same time. There may be issued and renewed by the licensing
200 authority a combination license as both funeral director and
201 embalmer to persons meeting the separate requirements for both
202 licenses as set forth in this chapter. The licensing authority
203 may adopt rules providing procedures for applying for and
204 renewing such combination license. The licensing authority may
205 by rule establish application, renewal, and other fees for such
206 combination license, which fees may shall not exceed the sum of
207 the maximum fees for the separate funeral director and embalmer
208 license categories as provided in this chapter. A person Persons
209 holding a combination license as a funeral director and an
210 embalmer is shall be subject to regulation under this chapter
211 both as a funeral director and an embalmer.
212 (2) Except as provided under s. 497.377, an applicant for a
213 combination license as both a funeral director and an embalmer
214 must hold the educational credentials required for licensure as
215 a funeral director as provided under s. 497.373(1)(d).
216 Section 5. Section 497.377, Florida Statutes, is amended to
217 read:
218 497.377 Combination license as funeral director and
219 embalmer; Concurrent internships.—
220 (1) To meet internship requirements for combined licensure
221 as a funeral director and an embalmer, the internship
222 requirement for funeral directors and the internship requirement
223 for embalmers and funeral directors may be served concurrently
224 pursuant to rules adopted by the licensing authority.
225 (2)(a) An applicant who has not completed the educational
226 credentials required for a combination license as funeral
227 director and embalmer is eligible for licensure as a combination
228 funeral director and embalmer intern if the applicant:
229 1. Is currently enrolled in and attending a college
230 accredited by the American Board of Funeral Service Education
231 (ABFSE) in an ABFSE-accredited course of study in mortuary
232 science;
233 2. Has completed at least 75 percent of the course of study
234 in mortuary science, as certified by the college in which the
235 applicant is currently enrolled; and
236 3. Has taken and received a passing grade in a college
237 credit course in mortuary law or funeral service law and has
238 taken and received a passing grade in a college credit course in
239 ethics.
240 (b) An application for internship for a combination funeral
241 director and embalmer license must include the name and address
242 of the funeral director licensed under s. 497.373 or s.
243 497.374(1) and the embalmer licensed under s. 497.368 or s.
244 497.369 under whose supervision the intern will receive training
245 and the name of the licensed funeral establishment where the
246 training will be conducted.
247 (c) A combination funeral director and embalmer intern may
248 perform only the tasks, functions, and duties relating to
249 funeral directing and embalming which are performed under the
250 direct supervision of a licensed funeral director who has an
251 active, valid license under s. 497.373 or s. 497.374(1) and an
252 embalmer who has an active, valid license under s. 497.368 or s.
253 497.369. However, a combination funeral director and embalmer
254 intern may perform those tasks, functions, and duties under the
255 general supervision of a licensed funeral director and embalmer
256 upon the intern’s graduation from a college accredited by the
257 ABFSE with a degree as specified in s. 497.373(1)(d) and passage
258 of the laws and rules examination required under s.
259 497.373(2)(b) if, after 6 months of direct supervision, the
260 funeral director in charge of the internship training agency
261 certifies to the licensing agency that the intern is competent
262 to complete the internship under general supervision.
263 (d)1. A combination funeral director and embalmer intern
264 license expires 1 year after issuance and, except as provided in
265 subparagraph 2., may not be renewed.
266 2. The licensing authority may adopt rules that allow a
267 combination funeral director and embalmer intern to renew her or
268 his funeral director and embalmer intern license for an
269 additional 1-year period if the combination funeral director and
270 embalmer intern demonstrates her or his failure to complete the
271 internship before expiration of the license due to illness,
272 personal injury, or other substantial hardship beyond her or his
273 reasonable control or demonstrates that she or he has completed
274 the requirements for licensure as a combination funeral director
275 and embalmer but is awaiting the results of a licensure
276 examination.
277 Section 6. Subsection (7) of section 497.380, Florida
278 Statutes, is amended to read:
279 497.380 Funeral establishment; licensure; display of
280 license.—
281 (7) Each licensed funeral establishment shall have a one
282 full-time funeral director in charge and shall have a licensed
283 funeral director reasonably available to the public during
284 normal business hours for the establishment. The full-time
285 funeral director in charge is responsible for ensuring that the
286 facility, its operation, and all persons employed in the
287 facility comply with all applicable state and federal laws and
288 rules. A funeral director in charge, with appropriate active
289 licenses, may serve as a funeral director in charge for not more
290 than a total of 2 funeral establishments, centralized embalming
291 facilities, direct disposal establishments, or cinerator
292 facilities, as long as the 2 locations are not more than 75
293 miles apart as measured in a straight line The full-time funeral
294 director in charge must have an active license and may not be
295 the full-time funeral director in charge of any other funeral
296 establishment or of any other direct disposal establishment.
297 Effective October 1, 2010, The full-time funeral director in
298 charge must hold an active, valid funeral director license and
299 an active, valid embalmer license or combination license as a
300 funeral director and an embalmer. However, a funeral director
301 may serve as a funeral director in charge without an embalmer
302 license or combination license if the establishment does not
303 have an embalming room on site, or may continue as the full-time
304 funeral director in charge without an embalmer or combination
305 license if, as of September 30, 2010:
306 (a) The funeral establishment and the funeral director both
307 have active, valid licenses.
308 (b) The funeral director is currently the full-time funeral
309 director in charge of the funeral establishment.
310 (c) The name of the funeral director was included, as
311 required in subsection (4), in the funeral establishment’s most
312 recent application for issuance or renewal of its license or was
313 included in the establishment’s report of change provided under
314 paragraph (12)(c).
315 Section 7. Paragraph (b) of subsection (2) of section
316 497.385, Florida Statutes, is amended to read:
317 497.385 Removal services; refrigeration facilities;
318 centralized embalming facilities.—In order to ensure that the
319 removal, refrigeration, and embalming of all dead human bodies
320 is conducted in a manner that properly protects the public’s
321 health and safety, the licensing authority shall adopt rules to
322 provide for the licensure of removal services, refrigeration
323 facilities, and centralized embalming facilities operated
324 independently of funeral establishments, direct disposal
325 establishments, and cinerator facilities.
326 (2) CENTRALIZED EMBALMING FACILITIES.—In order to ensure
327 that all funeral establishments have access to embalming
328 facilities that comply with all applicable health and safety
329 requirements, the licensing authority shall adopt rules to
330 provide for the licensure and operation of centralized embalming
331 facilities and shall require, at a minimum, the following:
332 (b) Each licensed centralized embalming facility shall have
333 at least one full-time embalmer in charge. The full-time
334 embalmer in charge must have an active, valid embalmer license
335 or a combination license as a funeral director and an embalmer
336 and may not be the full-time embalmer in charge, full-time
337 funeral director in charge, or full-time direct disposer in
338 charge of any other establishment licensed under this chapter.
339 An embalmer in charge, with appropriate active licenses, may
340 also serve as a funeral director in charge under s. 497.380(7)
341 or as a direct disposer in charge under s. 497.604(8). A funeral
342 director in charge, with appropriate active licenses, may serve
343 as a funeral director in charge for not more than a total of 2
344 funeral establishments, centralized embalming facilities, direct
345 disposal establishments, or cinerator facilities, as long as the
346 2 locations are not more than 75 miles apart as measured in a
347 straight line.
348 Section 8. Subsection (2) of section 497.452, Florida
349 Statutes, is amended to read:
350 497.452 Preneed license required.—
351 (2)(a) No person may receive any funds for payment on a
352 preneed contract who does not hold a valid preneed license.
353 (b) The provisions of Paragraph (a) does do not apply to a
354 trust company operating pursuant to chapter 660, to a national
355 or state bank holding trust powers, or to a federal or state
356 savings and loan association having trust powers which company,
357 bank, or association receives any money in trust pursuant to the
358 sale of a preneed contract.
359 Section 9. Subsection (8) of section 497.453, Florida
360 Statutes, is amended to read:
361 497.453 Application for preneed license, procedures and
362 criteria; renewal; reports.—
363 (8) ANNUAL TRUST REPORTS.—
364 (a) On or before April 1 of each year, the preneed licensee
365 shall file in the form prescribed by rule a full and true
366 statement as to the activities of any trust established by it
367 pursuant to this part for the preceding calendar year.
368 (b) A preneed licensee that sold, or a group of preneed
369 licensees under common control which sold in aggregate, 15,000
370 or more preneed contracts in this state in the preceding year
371 shall additionally comply with this paragraph.
372 1. As used in this paragraph, the term:
373 a. “Year 1” means a year in which a preneed licensee sells,
374 or a group of preneed licensees under common control sells in
375 aggregate, 15,000 or more preneed contracts in this state.
376 b. “Year 2” means the year immediately after Year 1.
377 2. As to each Year 1, the licensee or licensees shall,
378 during Year 2:
379 a. Prepare, with respect to each such licensee, a report of
380 Florida preneed operations in Year 1 on a form prescribed by
381 department rule;
382 b. Cause and pay for such report to be audited by an
383 independent certified public accounting firm concerning the
384 accuracy and fairness of the presentation of the data provided
385 in the report; and
386 c. By December 31 of Year 2, provide the report to the
387 division along with a written and signed opinion of the
388 certified public accounting firm concerning the accuracy and
389 fairness of the presentation of the data provided in the report.
390 2. The report must be prepared and submitted using forms
391 and procedures specified by department rule. The department may
392 adopt rules specifying the format of the report and the
393 information to be reported.
394 Section 10. Paragraph (c) of subsection (1) of section
395 497.458, Florida Statutes, is amended to read:
396 497.458 Disposition of proceeds received on contracts.—
397 (1)
398 (c) Such deposits shall be made within 30 days after the
399 end of the calendar month in which payment is received, under
400 the terms of a revocable trust instrument entered into with a
401 trust company operating pursuant to chapter 660, with a national
402 or state bank holding trust powers, or with a federal or state
403 savings and loan association holding trust powers.
404 Section 11. Subsection (2) of section 497.464, Florida
405 Statutes, is amended to read:
406 497.464 Alternative preneed contracts.—
407 (2) The contract must require that a trust be established
408 by the preneed licensee on behalf of, and for the use, benefit,
409 and protection of, the purchaser and that the trustee must be a
410 trust company operating pursuant to chapter 660, a national or
411 state bank holding trust powers, or a federal or state savings
412 and loan association holding trust powers.
413 Section 12. Subsection (8) of section 497.604, Florida
414 Statutes, is amended to read:
415 497.604 Direct disposal establishments, license required;
416 licensing procedures and criteria; license renewal; regulation;
417 display of license.—
418 (8) SUPERVISION OF FACILITIES.—
419 (a) Effective October 1, 2010, Each direct disposal
420 establishment shall have a one full-time licensed funeral
421 director acting as the direct disposer in charge, subject to s.
422 497.380(7). However, a licensed direct disposer may continue
423 acting as the direct disposer in charge, if, as of September 30,
424 2010:
425 1. The direct disposal establishment and the licensed
426 direct disposer both have active, valid licenses.
427 2. The licensed direct disposer is currently acting as the
428 direct disposer in charge of the direct disposal establishment.
429 3. The name of the licensed direct disposer was included,
430 as required in paragraph (2)(c), in the direct disposal
431 establishment’s most recent application for issuance or renewal
432 of its license or was included in the establishment’s notice of
433 change provided under subsection (7).
434 (b) The licensed funeral director in charge or licensed
435 direct disposer in charge of a direct disposal establishment
436 must be reasonably available to the public during normal
437 business hours for the establishment and may be in charge of
438 only one direct disposal establishment. The licensed funeral
439 director in charge or licensed direct disposer in charge of the
440 establishment is responsible for making sure the facility, its
441 operations, and all persons employed in the facility comply with
442 all applicable state and federal laws and rules. A funeral
443 director in charge, with appropriate active licenses, may serve
444 as a funeral director in charge for not more than a total of 2
445 funeral establishments, centralized embalming facilities, direct
446 disposal establishments, or cinerator facilities, as long as the
447 2 locations are not more than 75 miles apart as measured in a
448 straight line.
449 Section 13. Subsection (8) of section 497.606, Florida
450 Statutes, is amended to read:
451 497.606 Cinerator facility, licensure required; licensing
452 procedures and criteria; license renewal; regulation.—
453 (8) SUPERVISION OF FACILITIES.—Each cinerator facility
454 shall have a one full-time licensed direct disposer in charge or
455 a licensed funeral director in charge for that facility. Such
456 person may be in charge of only one facility. Such licensed
457 funeral director in charge or licensed direct disposer in charge
458 shall be responsible for making sure the facility, its
459 operations, and all persons employed in the facility comply with
460 all applicable state and federal laws and rules. A funeral
461 director in charge, with appropriate active licenses, may serve
462 as a funeral director in charge for not more than a total of 2
463 funeral establishments, centralized embalming facilities, direct
464 disposal establishments, or cinerator facilities, as long as the
465 2 locations are not more than 75 miles apart as measured in a
466 straight line.
467 Section 14. Paragraph (a) of subsection (1) of section
468 626.022, Florida Statutes, is amended to read:
469 626.022 Scope of part.—
470 (1) This part applies as to insurance agents, service
471 representatives, adjusters, and insurance agencies; as to any
472 and all kinds of insurance; and as to stock insurers, mutual
473 insurers, reciprocal insurers, and all other types of insurers,
474 except that:
475 (a) It does not apply as to reinsurance, except that ss.
476 626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
477 626.291-626.301, s. 626.331, ss. 626.342-626.511 ss. 626.342
478 626.521, ss. 626.541-626.591, and ss. 626.601-626.711 shall
479 apply as to reinsurance intermediaries as defined in s.
480 626.7492.
481 Section 15. Subsection (4) of section 626.025, Florida
482 Statutes, is amended to read:
483 626.025 Consumer protections.—To transact insurance, agents
484 shall comply with consumer protection laws, including the
485 following, as applicable:
486 (4) The submission of credit and character reports, as
487 required by s. 626.171 or s. 626.521.
488 Section 16. Subsection (1) of section 626.175, Florida
489 Statutes, is amended to read:
490 626.175 Temporary licensing.—
491 (1) The department may issue a nonrenewable temporary
492 license for a period not to exceed 6 months authorizing the
493 appointment of a general lines insurance agent, or a life agent,
494 or personal lines agent an industrial fire or burglary agent,
495 subject to the conditions described in this section. The fees
496 paid for a temporary license and appointment must shall be as
497 specified in s. 624.501. Fees paid may shall not be refunded
498 after a temporary license has been issued.
499 (a) An applicant for a temporary license must be:
500 1. A natural person at least 18 years of age.
501 2. A United States citizen or legal alien who possesses
502 work authorization from the United States Bureau of Citizenship
503 and Immigration Services.
504 (b)1. In the case of a general lines agent, the department
505 may issue a temporary license to an employee, a family member, a
506 business associate, or a personal representative of a licensed
507 general lines agent for the purpose of continuing or winding up
508 the business affairs of the agent or agency in the event the
509 licensed agent has died or become unable to perform his or her
510 duties because of military service or illness or other physical
511 or mental disability, subject to the following conditions:
512 a. No other individual connected with the agent’s business
513 may be licensed as a general lines agent.
514 b. The proposed temporary licensee shall be qualified for a
515 regular general lines agent license under this code except as to
516 residence, examination, education, or experience.
517 c. Application for the temporary license shall have been
518 made by the applicant upon statements and affidavit filed with
519 the department on forms prescribed and furnished by the
520 department.
521 d. Under a temporary license and appointment, the licensee
522 shall not represent any insurer not last represented by the
523 agent being replaced and shall not be licensed or appointed as
524 to any additional kind, line, or class of insurance other than
525 those covered by the last existing agency appointments of the
526 replaced agent. If an insurer withdraws from the agency during
527 the temporary license period, the temporary licensee may be
528 appointed by another similar insurer but only for the period
529 remaining under the temporary license.
530 2. A regular general lines agent license may be issued to a
531 temporary licensee upon meeting the qualifications for a general
532 lines agent license under s. 626.731.
533 (c) In the case of a life agent, the department may issue a
534 temporary license:
535 1. To the executor or administrator of the estate of a
536 deceased individual licensed and appointed as a life agent at
537 the time of death;
538 2. To a surviving next of kin of the deceased individual,
539 if no administrator or executor has been appointed and
540 qualified; however, any license and appointment under this
541 subparagraph shall be canceled upon issuance of a license to an
542 executor or administrator under subparagraph 1.; or
543 3. To an individual otherwise qualified to be licensed as
544 an agent who has completed the educational or training
545 requirements prescribed in s. 626.7851 and who is appointed has
546 successfully sat for the required examination prior to
547 termination of such 6-month period. The department may issue
548 this temporary license only in the case of a life agent to
549 represent an insurer of the industrial or ordinary-combination
550 class solely for the purpose of collecting premiums and
551 servicing in-force policies. Such licensee may not directly or
552 indirectly solicit, negotiate, or effect contracts of insurance.
553 (d) In the case of a personal lines limited license
554 authorizing appointment as an industrial fire or burglary agent,
555 the department may issue a temporary license:
556 1. To the executor or administrator of the estate of a
557 deceased individual who was licensed and appointed as a personal
558 lines agent at the time of his or her death;
559 2. To a surviving next of kin of the deceased individual if
560 no administrator or executor has been appointed and qualified.
561 However, a license and appointment under this subparagraph must
562 be canceled upon issuance of a license to an executor or
563 administrator under subparagraph 1.; or
564 3. To an individual otherwise qualified to be licensed as
565 an agent, who has completed the educational or training
566 requirements prescribed in s. 626.732, and who is appointed to
567 represent an insurer of the industrial or ordinary-combination
568 class solely for the purpose of collecting premiums and
569 servicing in-force policies. Such licensee may not directly or
570 indirectly solicit, negotiate, or effect contracts of insurance
571 to an individual otherwise qualified to be licensed as an agent
572 who has completed the educational or training requirements
573 prescribed in s. 626.732 and has successfully sat for the
574 required examination prior to termination of the 6-month period.
575 Section 17. Paragraph (b) of subsection (3) of section
576 626.207, Florida Statutes, is amended to read:
577 626.207 Disqualification of applicants and licensees;
578 penalties against licensees; rulemaking authority.—
579 (3) An applicant who has been found guilty of or has
580 pleaded guilty or nolo contendere to a crime not included in
581 subsection (2), regardless of adjudication, is subject to:
582 (b) A 7-year disqualifying period for all felonies to which
583 neither the permanent bar in subsection (2) nor the 15-year
584 disqualifying period in paragraph (a) applies. Notwithstanding
585 subsection (4), an applicant who served at least half of the
586 disqualifying period may reapply for a license if, during that
587 time, the applicant has not been found guilty of or has not
588 pleaded guilty or nolo contendere to a crime. The department may
589 issue the applicant a license on a probationary basis for the
590 remainder of the disqualifying period. The applicant’s
591 probationary period ends at the end of the disqualifying period.
592 Section 18. Subsection (1) and paragraph (e) of subsection
593 (2) of section 626.221, Florida Statutes, are amended to read:
594 626.221 Examination requirement; exemptions.—
595 (1) The department may shall not issue any license as agent
596 or adjuster to any individual who has not qualified for, taken,
597 and passed to the satisfaction of the department a written
598 examination of the scope prescribed in s. 626.241.
599 (2) However, an examination is not necessary for any of the
600 following:
601 (e) An applicant who has been licensed as an all-lines
602 adjuster and appointed as an independent adjuster or company
603 employee adjuster and who files if an application for an all
604 lines adjuster license licensure is filed with the department
605 within 48 months after following the date of cancellation or
606 expiration of the prior appointment.
607 Section 19. Paragraph (d) of subsection (3) of section
608 626.2815, Florida Statutes, is amended to read:
609 626.2815 Continuing education requirements.—
610 (3) Each licensee except a title insurance agent must
611 complete a 5-hour update course every 2 years which is specific
612 to the license held by the licensee. The course must be
613 developed and offered by providers and approved by the
614 department. The content of the course must address all lines of
615 insurance for which examination and licensure are required and
616 include the following subject areas: insurance law updates,
617 ethics for insurance professionals, disciplinary trends and case
618 studies, industry trends, premium discounts, determining
619 suitability of products and services, and other similar
620 insurance-related topics the department determines are relevant
621 to legally and ethically carrying out the responsibilities of
622 the license granted. A licensee who holds multiple insurance
623 licenses must complete an update course that is specific to at
624 least one of the licenses held. Except as otherwise specified,
625 any remaining required hours of continuing education are
626 elective and may consist of any continuing education course
627 approved by the department under this section.
628 (d) An individual who holds a license as a customer
629 representative, limited customer representative, motor vehicle
630 physical damage and mechanical breakdown insurance agent, or an
631 industrial fire insurance or burglary insurance agent and who is
632 not a licensed life or health agent, must also complete a
633 minimum of 5 hours of continuing education courses every 2
634 years.
635 Section 20. Paragraphs (b) and (f) of subsection (1) of
636 section 626.321, Florida Statutes, are amended to read:
637 626.321 Limited licenses.—
638 (1) The department shall issue to a qualified applicant a
639 license as agent authorized to transact a limited class of
640 business in any of the following categories of limited lines
641 insurance:
642 (b) Industrial fire insurance or burglary insurance.
643 License covering only industrial fire insurance or burglary
644 insurance. The applicant for such a license must pass a written
645 examination covering such insurance. A licensee under this
646 paragraph may not hold a license as an agent for any other or
647 additional kind or class of insurance coverage except for life
648 insurance and health insurance. Effective July 1, 2019, all
649 licensees holding such limited license and appointment may renew
650 the license and appointment, but no new or additional licenses
651 may be issued pursuant to this paragraph and a licensee whose
652 limited license under this paragraph has been terminated,
653 suspended, or revoked may not have such license reinstated.
654 (f) Crop hail and multiple-peril crop insurance.—License
655 for insurance covering crops subject to unfavorable weather
656 conditions, fire or lightning lightening, flood, hail, insect
657 infestation, disease, or other yield-reducing conditions or
658 perils which is provided by the private insurance market, or
659 which is subsidized by the Federal Group Insurance Corporation
660 including multi-peril crop insurance. Notwithstanding any other
661 provision of law, the limited license may be issued to a bona
662 fide salaried employee of an association chartered under the
663 Farm Credit Act of 1971, 12 U.S.C. ss. 2001 et seq., who
664 satisfactorily completes the examination prescribed by the
665 department pursuant to s. 626.241(5). The agent must be
666 appointed by, and his or her limited license requested by, a
667 licensed general lines agent. All business transacted by the
668 agent must be on behalf of, in the name of, and countersigned by
669 the agent by whom he or she is appointed. Sections 626.561 and
670 626.748, relating to records, apply to all business written
671 pursuant to this section. The licensee may be appointed by and
672 licensed for only one general lines agent or agency.
673 Section 21. Subsection (1) of section 626.471, Florida
674 Statutes, is amended to read:
675 626.471 Termination of appointment.—
676 (1) Subject to an appointee’s contract rights, an
677 appointing entity may terminate its appointment of any appointee
678 at any time. Except when termination is upon a ground that which
679 would subject the appointee to suspension or revocation of his
680 or her license and appointment under s. 626.611 or s. 626.621,
681 and except as provided by contract between the appointing entity
682 and the appointee, the appointing entity shall give at least 60
683 days’ advance written notice of its intention to terminate such
684 appointment to the appointee, either by delivery thereof to the
685 appointee in person, or by mailing it, postage prepaid, or by e
686 mail. If delivery is by mail or e-mail, the notice must be
687 addressed to the appointee at his or her last mailing or e-mail
688 address of record with the appointing entity. Notice is so
689 mailed shall be deemed to have been given when deposited in a
690 United States Postal Service mail depository or when the e-mail
691 is sent, as applicable.
692 Section 22. Section 626.521, Florida Statutes, is repealed.
693 Section 23. Section 626.536, Florida Statutes, is amended
694 to read:
695 626.536 Reporting of administrative actions.—Within 30 days
696 after the final disposition of an administrative action taken
697 against a licensee or insurance agency by a governmental agency
698 or other regulatory agency in this or any other state or
699 jurisdiction relating to the business of insurance, the sale of
700 securities, or activity involving fraud, dishonesty,
701 trustworthiness, or breach of a fiduciary duty, the licensee or
702 insurance agency must submit a copy of the order, consent to
703 order, or other relevant legal documents to the department. The
704 department may adopt rules to administer this section.
705 Section 24. Subsection (7) is added to section 626.6215,
706 Florida Statutes, to read:
707 626.6215 Grounds for discretionary refusal, suspension, or
708 revocation of insurance agency license.—The department may, in
709 its discretion, deny, suspend, revoke, or refuse to continue the
710 license of any insurance agency if it finds, as to any insurance
711 agency or as to any majority owner, partner, manager, director,
712 officer, or other person who manages or controls such insurance
713 agency, that any one or more of the following applicable grounds
714 exist:
715 (7) A denial, suspension, or revocation of, or any other
716 adverse administrative action against, a license to practice or
717 conduct any regulated profession, business, or vocation by this
718 state, any other state, any nation, any possession or district
719 of the United States, any court, or any lawful agency thereof.
720 Section 25. Section 626.729, Florida Statutes, is amended
721 to read:
722 626.729 “Industrial fire insurance” defined.—As used in For
723 the purposes of this code, the term “industrial fire insurance”
724 means: is
725 (1) Insurance against loss by fire of either buildings and
726 other structures or contents, which may include extended
727 coverage;
728 (2) Windstorm insurance;
729 (3) Basic limits owners, landlords, or tenants liability
730 insurance with single limits of $25,000;
731 (4) Comprehensive personal liability insurance with a
732 single limit of $25,000; or
733 (5) Burglary insurance, under which the premiums are
734 collected quarterly or more often and the face amount of the
735 insurance provided by the policy on one risk is not more than
736 $50,000, including the contents of such buildings and other
737 structures, and the insurer issuing such policy is operating
738 under a system of collecting a debit by its agents. A temporary
739 license for an industrial fire or burglary agent issued pursuant
740 to s. 626.175 shall be solely for the purpose of collecting
741 premiums and servicing in-force policies, and such licensee
742 shall not directly or indirectly solicit, negotiate, or effect
743 contracts of insurance.
744 Section 26. Section 626.7355, Florida Statutes, is
745 repealed.
746 Section 27. Subsection (9) of section 626.8437, Florida
747 Statutes, is amended to read:
748 626.8437 Grounds for denial, suspension, revocation, or
749 refusal to renew license or appointment.—The department shall
750 deny, suspend, revoke, or refuse to renew or continue the
751 license or appointment of any title insurance agent or agency,
752 and it shall suspend or revoke the eligibility to hold a license
753 or appointment of such person, if it finds that as to the
754 applicant, licensee, appointee, or any principal thereof, any
755 one or more of the following grounds exist:
756 (9) Willful failure to comply with, or willful violation
757 of, any proper order or rule of the department or willful
758 violation of any provision of the Florida Insurance Code this
759 act.
760 Section 28. Subsection (2) of section 626.844, Florida
761 Statutes, is amended to read:
762 626.844 Grounds for discretionary refusal, suspension, or
763 revocation of license or appointment.—The department may, in its
764 discretion, deny, suspend, revoke, or refuse to renew or
765 continue the license or appointment of any title insurance agent
766 or agency, and it may suspend or revoke the eligibility to hold
767 a license or appointment of any such title insurance agent or
768 agency if it finds that as to the applicant or licensee or
769 appointee, or any principal thereof, any one or more of the
770 following grounds exist under circumstances for which such
771 denial, suspension, revocation, or refusal is not mandatory
772 under s. 626.8437:
773 (2) Violation of any provision of the Florida Insurance
774 Code this act in the course of dealing under the license or
775 appointment.
776 Section 29. Paragraph (e) of subsection (1) and paragraphs
777 (b) and (c) of subsection (2) of section 626.8732, Florida
778 Statutes, are amended to read:
779 626.8732 Nonresident public adjuster’s qualifications,
780 bond.—
781 (1) The department shall, upon application therefor, issue
782 a license to an applicant for a nonresident public adjuster’s
783 license upon determining that the applicant has paid the
784 applicable license fees required under s. 624.501 and:
785 (e) Has been licensed and employed as a public adjuster in
786 the applicant’s state of residence on a continual basis for the
787 past 6 months year, or, if the applicant’s state of residence
788 does not issue licenses to individuals who act as public
789 adjusters, the applicant has been licensed and employed as a
790 resident insurance company adjuster, a public adjuster, or an
791 independent adjuster in his or her state of residence or any
792 other state on a continual basis for the past 6 months year.
793 (2) The applicant shall furnish the following with his or
794 her application:
795 (b) If currently licensed as a resident public adjuster in
796 the applicant’s state of residence, a certificate or letter of
797 authorization from the licensing authority of the applicant’s
798 state of residence, stating that the applicant holds a current
799 or comparable license to act as a public adjuster and has held
800 the license continuously for the past 6 months year. The
801 certificate or letter of authorization must be signed by the
802 insurance commissioner or his or her deputy or the appropriate
803 licensing official and must disclose whether the adjuster has
804 ever had any license or eligibility to hold any license
805 declined, denied, suspended, revoked, or placed on probation or
806 whether an administrative fine or penalty has been levied
807 against the adjuster and, if so, the reason for the action.
808 (c) If the applicant’s state of residence does not require
809 licensure as a public adjuster and the applicant has been
810 licensed as a resident insurance adjuster in his or her state of
811 residence or any other state, a certificate or letter of
812 authorization from the licensing authority stating that the
813 applicant holds or has held a license to act as such an
814 insurance adjuster and has held the license continuously for the
815 past 6 months year. The certificate or letter of authorization
816 must be signed by the insurance commissioner or his or her
817 deputy or the appropriate licensing official and must disclose
818 whether or not the adjuster has ever had any license or
819 eligibility to hold any license declined, denied, suspended,
820 revoked, or placed on probation or whether an administrative
821 fine or penalty has been levied against the adjuster and, if so,
822 the reason for the action.
823 Section 30. Subsection (6) of section 627.7015, Florida
824 Statutes, is amended to read:
825 627.7015 Alternative procedure for resolution of disputed
826 property insurance claims.—
827 (6)(a) Mediation is nonbinding; however, if a written
828 settlement is reached, the policyholder has 3 business days
829 within which the policyholder may rescind the settlement unless
830 the policyholder has cashed or deposited any check or draft
831 disbursed to the policyholder for the disputed matters as a
832 result of the conference. If a settlement agreement is reached
833 and is not rescinded, it is binding and acts as a release of all
834 specific claims that were presented in that mediation
835 conference.
836 (b) At the conclusion of the mediation, the mediator shall
837 provide a written report of the results of mediation, including
838 any settlement amount, to the insurer, the policyholder, and the
839 policyholder’s representative if the policyholder is represented
840 at the mediation.
841 Section 31. Subsection (1) of section 633.216, Florida
842 Statutes, is amended to read:
843 633.216 Inspection of buildings and equipment; orders;
844 firesafety inspection training requirements; certification;
845 disciplinary action.—The State Fire Marshal and her or his
846 agents or persons authorized to enforce laws and rules of the
847 State Fire Marshal shall, at any reasonable hour, when the State
848 Fire Marshal has reasonable cause to believe that a violation of
849 this chapter or s. 509.215, or a rule adopted thereunder, or a
850 minimum firesafety code adopted by the State Fire Marshal or a
851 local authority, may exist, inspect any and all buildings and
852 structures which are subject to the requirements of this chapter
853 or s. 509.215 and rules adopted thereunder. The authority to
854 inspect shall extend to all equipment, vehicles, and chemicals
855 which are located on or within the premises of any such building
856 or structure.
857 (1) Each county, municipality, and special district that
858 has firesafety enforcement responsibilities shall employ or
859 contract with a firesafety inspector. Except as provided in s.
860 633.312(2), and (3), and (4), the firesafety inspector must
861 conduct all firesafety inspections that are required by law. The
862 governing body of a county, municipality, or special district
863 that has firesafety enforcement responsibilities may provide a
864 schedule of fees to pay only the costs of inspections conducted
865 pursuant to this subsection and related administrative expenses.
866 Two or more counties, municipalities, or special districts that
867 have firesafety enforcement responsibilities may jointly employ
868 or contract with a firesafety inspector.
869 Section 32. Paragraph (f) of subsection (1) of section
870 633.218, Florida Statutes, is amended to read:
871 633.218 Inspections of state buildings and premises; tests
872 of firesafety equipment; building plans to be approved.—
873 (1)
874 (f) A state-owned building or state-leased building or
875 space shall be identified through use of the United States
876 National Grid Coordinate System.
877 Section 33. Paragraph (c) of subsection (1) of section
878 633.306, Florida Statutes, is amended to read:
879 633.306 Requirements for installation, inspection, and
880 maintenance of fire suppression equipment.—
881 (1) The requirements for installation of fire extinguishers
882 and preengineered systems are as follows:
883 (c) Equipment must shall be installed in accordance with
884 the applicable standards of the National Fire Protection
885 Association and the manufacturer’s drawings and specifications,
886 using only components and parts specified by the manufacturer or
887 listed as equal parts by a nationally recognized testing
888 laboratory, such as Underwriters Laboratories, Inc., or Factory
889 Mutual Laboratories, Inc.
890 Section 34. Present subsections (4) and (5) of section
891 633.312, Florida Statutes, are redesignated as subsections (5)
892 and (6), respectively, and subsection (3) of that section is
893 amended, to read:
894 633.312 Inspection of fire control systems, fire hydrants,
895 and fire protection systems.—
896 (3)(a) The inspecting contractor shall provide to the
897 building owner or hydrant owner and the local authority having
898 jurisdiction a copy of the applicable uniform summary inspection
899 report established under this chapter. The local authority
900 having jurisdiction may accept uniform summary inspection
901 reports by United States mail, by hand delivery, by electronic
902 submission, or through a third-party vendor that collects the
903 reports on behalf of the local authority having jurisdiction.
904 (b) The State Fire Marshal shall adopt rules to implement a
905 uniform summary inspection report and submission procedures to
906 be used by all third-party vendors and local authorities having
907 jurisdiction. For purposes of this section, a uniform summary
908 inspection report must record the address where the fire
909 protection system or hydrant is located, the company and person
910 conducting the inspection and their license number, the date of
911 the inspection, and the fire protection system or hydrant
912 inspection status, including a brief summary of each deficiency,
913 critical deficiency, noncritical deficiency, or impairment
914 found. A contractor’s detailed inspection report is not required
915 to follow the uniform summary inspection report format. The
916 State Fire Marshal shall establish by rule a submission
917 procedure for each means provided under paragraph (a) by which a
918 local authority having jurisdiction may accept uniform summary
919 inspection reports. Each of the submission procedures must allow
920 a contractor to attach additional documents with the submission
921 of a uniform summary inspection report, including a physical
922 copy of the contractor’s detailed inspection report. A
923 submission procedure may not require a contractor to submit
924 information contained within the detailed inspection report
925 unless the information is required to be included in the uniform
926 summary inspection report.
927 (4) The maintenance of fire hydrant and fire protection
928 systems as well as corrective actions on deficient systems is
929 the responsibility of the owner of the system or hydrant.
930 Equipment requiring periodic testing or operation to ensure its
931 maintenance shall be tested or operated as specified in the Fire
932 Prevention Code, Life Safety Code, National Fire Protection
933 Association standards, or as directed by the appropriate
934 authority, provided that such appropriate authority may not
935 require a sprinkler system not required by the Fire Prevention
936 Code, Life Safety Code, or National Fire Protection Association
937 standards to be removed regardless of its condition. This
938 section does not prohibit governmental entities from inspecting
939 and enforcing firesafety codes.
940 Section 35. Section 633.520, Florida Statutes, is amended
941 to read:
942 633.520 Safety; firefighter employer responsibilities;
943 division rules.—
944 (1) Every firefighter employer shall furnish and use safety
945 devices and safeguards, adopt and use methods and processes
946 reasonably adequate to render such an employment and place of
947 employment safe, and do every other thing reasonably necessary
948 to protect the lives, health, and safety of such firefighter
949 employees. As used in this section, the terms “safe” and
950 “safety,” as applied to any employment or place of employment,
951 mean such freedom from danger as is reasonably necessary for the
952 protection of the lives, health, and safety of firefighter
953 employees, including conditions and methods of sanitation and
954 hygiene. Safety devices and safeguards required to be furnished
955 by the firefighter employer by this section or by the division
956 under authority of this section do not include personal apparel
957 and protective devices that replace personal apparel normally
958 worn by firefighter employees during regular working hours.
959 (2) The division shall adopt rules to establish employer
960 cancer prevention best practices relating to personal protective
961 equipment, decontamination, fire suppression apparatus, and fire
962 stations.
963 Section 36. Subsection (1) of section 648.49, Florida
964 Statutes, is amended to read:
965 648.49 Duration of suspension or revocation.—
966 (1) The department shall, in its order suspending a license
967 or appointment or in its order suspending the eligibility of a
968 person to hold or apply for such a license or appointment,
969 specify the period during which the suspension is to be in
970 effect, but such period may not exceed 2 years. The license, or
971 appointment, or and eligibility to hold a license or appointment
972 must shall remain suspended during the period so specified,
973 subject, however, to any rescission or modification of the order
974 by the department, or modification or reversal thereof by the
975 court, prior to expiration of the suspension period. A license
976 or appointment that which has been suspended may not be
977 reinstated, nor may shall the eligibility to hold such license
978 or appointment be reinstated, except upon the filing and
979 approval of an application for request for such reinstatement.,
980 but The department may not approve an application for grant such
981 reinstatement if it finds that the circumstances for which the
982 license or appointment was suspended still exist or are likely
983 to recur. In each case involving suspension, the department has
984 the discretion to require the former licensee to successfully
985 complete a basic certification course in the criminal justice
986 system, consisting of not less than 80 hours approved by the
987 department.
988 Section 37. Present subsection (8) of section 717.124,
989 Florida Statutes, is redesignated as subsection (11), a new
990 subsection (8) and subsections (9) and (10) are added to that
991 section, and subsection (7) of that section is amended, to read:
992 717.124 Unclaimed property claims.—
993 (7) The department may allow an apparent owner to
994 electronically submit a claim for unclaimed property to the
995 department. If a claim is submitted electronically for $5,000
996 $1,000 or less, the department may use a method of identity
997 verification other than a copy of a valid driver license, other
998 government-issued photographic identification, or a sworn
999 notarized statement. The department may adopt rules to implement
1000 this subsection.
1001 (8) Notwithstanding any other provision of this chapter,
1002 the department may develop and implement an identification
1003 verification and disbursement process whereby accounts valued at
1004 $2,000 or less, after receipt by the department and after being
1005 added to the unclaimed property database, may be disbursed to an
1006 apparent owner after the department has verified that the
1007 apparent owner is living and has verified the apparent owner’s
1008 correct, current address. The department shall include with the
1009 payment a notification and an explanation of the dollar amount,
1010 source, and property type of each account included in the
1011 disbursement. The department may adopt rules to administer this
1012 subsection.
1013 (9) Notwithstanding any other provision of this chapter,
1014 the department may develop and implement a verification and
1015 disbursement process whereby accounts, after receipt by the
1016 department and after being added to the unclaimed property
1017 database, for which the apparent owner is a governmental agency
1018 of this state or subdivision thereof; a county government of
1019 this state or a subdivision thereof; a public school district of
1020 this state or a subdivision thereof; a municipality of this
1021 state or a subdivision thereof; or a special taxing district of
1022 this state or authority may be disbursed to the apparent owner
1023 entity or to the successor entity. The department shall include
1024 with the payment a notification and explanation of the dollar
1025 amount, source, and property type of each account included in
1026 the disbursement. The department may adopt rules to administer
1027 this subsection.
1028 (10) Notwithstanding any other provision of this chapter,
1029 the department may develop a process whereby a registered
1030 claimant’s representative may electronically submit to the
1031 department electronic images of completed claims and claim
1032 related documents pursuant to this chapter, including limited
1033 powers of attorney and purchase agreements that have been
1034 personally signed and dated by a claimant or by a seller
1035 pursuant to s. 717.135 or s. 717.1351, after the original
1036 documents provided by the claimant or by the seller to the
1037 claimant’s representative are physically received and in the
1038 claimant’s representative’s possession for any respective claim.
1039 Each claim filed by a registered claimant’s representative must
1040 include a statement by the claimant’s representative or buyer
1041 accurately attesting that all documents are true copies of the
1042 original documents and that all original documents are
1043 physically in the possession of the claimant’s representative or
1044 buyer. All original documents must be kept in original form, by
1045 claim number, under the secure control of the claimant’s
1046 representative or buyer and must be made available for
1047 inspection by the department or other governmental agencies in
1048 accordance with s. 717.1315. The department may adopt rules to
1049 administer this subsection.
1050 Section 38. This act shall take effect July 1, 2019.