Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 714
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as “Omnibus Prime.”
    6         Section 2. Effective upon this act becoming a law,
    7  paragraph (b) of subsection (4) of section 215.555, Florida
    8  Statutes, is amended to read:
    9         215.555 Florida Hurricane Catastrophe Fund.—
   11         (b)1. The contract shall contain a promise by the board to
   12  reimburse the insurer for 45 percent, 75 percent, or 90 percent
   13  of its losses from each covered event in excess of the insurer’s
   14  retention, plus 5 percent of the reimbursed losses to cover loss
   15  adjustment expenses. For contracts and rates effective on or
   16  after June 1, 2019, the loss adjustment expense reimbursement
   17  must be 10 percent of the reimbursed losses.
   18         2. The insurer must elect one of the percentage coverage
   19  levels specified in this paragraph and may, upon renewal of a
   20  reimbursement contract, elect a lower percentage coverage level
   21  if no revenue bonds issued under subsection (6) after a covered
   22  event are outstanding, or elect a higher percentage coverage
   23  level, regardless of whether or not revenue bonds are
   24  outstanding. All members of an insurer group must elect the same
   25  percentage coverage level. Any joint underwriting association,
   26  risk apportionment plan, or other entity created under s.
   27  627.351 must elect the 90-percent coverage level.
   28         3. The contract shall provide that reimbursement amounts
   29  shall not be reduced by reinsurance paid or payable to the
   30  insurer from other sources.
   31         Section 3. Paragraph (b) of subsection (3) of section
   32  319.30, Florida Statutes, is amended, and paragraph (d) is added
   33  to that section, to read:
   34         319.30 Definitions; dismantling, destruction, change of
   35  identity of motor vehicle or mobile home; salvage.—
   36         (3)
   37         (b) The owner, including persons who are self-insured, of a
   38  motor vehicle or mobile home that is considered to be salvage
   39  shall, within 72 hours after the motor vehicle or mobile home
   40  becomes salvage, forward the title to the motor vehicle or
   41  mobile home to the department for processing. However, an
   42  insurance company that pays money as compensation for the total
   43  loss of a motor vehicle or mobile home shall obtain the
   44  certificate of title for the motor vehicle or mobile home, make
   45  the required notification to the National Motor Vehicle Title
   46  Information System, and, within 72 hours after receiving such
   47  certificate of title, forward such title by electronic means,
   48  the United States Postal Service, or another commercially
   49  available delivery service to the department for processing. The
   50  owner or insurance company, as applicable, may not dispose of a
   51  vehicle or mobile home that is a total loss before it obtains a
   52  salvage certificate of title or certificate of destruction from
   53  the department. Effective upon the completion of the Motorist
   54  Modernization project by the department, but not later than July
   55  1, 2023:
   56         1. Thirty days after payment of a claim for compensation
   57  pursuant to this paragraph, the insurance company may receive a
   58  salvage certificate of title or certificate of destruction from
   59  the department if the insurance company is unable to obtain a
   60  properly assigned certificate of title from the owner or
   61  lienholder of the motor vehicle or mobile home, if the motor
   62  vehicle or mobile home does not carry an electronic lien on the
   63  title and the insurance company:
   64         a. Has obtained the release of all liens on the motor
   65  vehicle or mobile home;
   66         b. Has provided proof of payment of the total loss claim;
   67  and
   68         c. Has provided an affidavit on letterhead signed by the
   69  insurance company or its authorized agent stating the attempts
   70  that have been made to obtain the title from the owner or
   71  lienholder and further stating that all attempts are to no
   72  avail. The affidavit must include a request that the salvage
   73  certificate of title or certificate of destruction be issued in
   74  the insurance company’s name due to payment of a total loss
   75  claim to the owner or lienholder. The attempts to contact the
   76  owner may be by written request delivered in person or by first
   77  class mail with a certificate of mailing to the owner’s or
   78  lienholder’s last known address.
   79         2. If the owner or lienholder is notified of the request
   80  for title in person, the insurance company must provide an
   81  affidavit attesting to the in-person request for a certificate
   82  of title.
   83         3. The request to the owner or lienholder for the
   84  certificate of title must include a complete description of the
   85  motor vehicle or mobile home and the statement that a total loss
   86  claim has been paid on the motor vehicle or mobile home.
   87         (d)An electronic signature that is in accordance with
   88  chapter 668 satisfies any signature requirement under this
   89  subsection.
   90         Section 4. Subsection (2) of section 440.381, Florida
   91  Statutes, is amended to read:
   92         440.381 Application for coverage; reporting payroll;
   93  payroll audit procedures; penalties.—
   94         (2) Submission of an application that contains false,
   95  misleading, or incomplete information provided with the purpose
   96  of avoiding or reducing the amount of premiums for workers’
   97  compensation coverage is a felony of the third second degree,
   98  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   99  The application must contain a statement that the filing of an
  100  application containing false, misleading, or incomplete
  101  information provided with the purpose of avoiding or reducing
  102  the amount of premiums for workers’ compensation coverage is a
  103  felony of the third degree, punishable as provided in s.
  104  775.082, s. 775.083, or s. 775.084. The application must contain
  105  a sworn statement by the employer attesting to the accuracy of
  106  the information submitted and acknowledging the provisions of
  107  former s. 440.37(4). The application must contain a sworn
  108  statement by the agent attesting that the agent explained to the
  109  employer or officer the classification codes that are used for
  110  premium calculations. The sworn statements by the employer and
  111  the agent are not required to be notarized.
  112         Section 5. Section 624.1055, Florida Statutes, is created
  113  to read:
  114         624.1055Right of contribution among insurers for defense
  115  costs.—A liability insurer that owes a duty to defend an insured
  116  and that defends the insured against a claim, suit, or other
  117  action has a right of contribution for defense costs against any
  118  other liability insurer that owes a duty to defend the insured
  119  against the same claim, suit, or other action, provided that
  120  contribution may not be sought from any insurer for defense
  121  costs incurred before the insurer’s receipt of notice of the
  122  claim, suit, or other action.
  123         (1)APPORTIONMENT OF COSTS.—The court shall allocate
  124  defense costs among insurers that owe a duty to defend the
  125  insured against the same claim, suit, or other action in
  126  accordance with the terms of the insurance policies. The court
  127  may use such equitable factors as the court determines are
  128  appropriate in making such allocation.
  129         (2)ENFORCEMENT OF RIGHT OF CONTRIBUTION.—A liability
  130  insurer that is entitled to contribution from another insurer
  131  under this section may file an action for contribution in a
  132  court of competent jurisdiction.
  133         (3)CONSTRUCTION.—
  134         (a)This section is not intended to alter any term of a
  135  liability insurance policy or to create any additional duty on
  136  the part of an insurer to an insured.
  137         (b)An insured may not rely on this section as grounds for
  138  a complaint against an insurer.
  139         (4) APPLICABILITY.—
  140         (a)This section applies to liability insurance policies
  141  issued for delivery in this state or to liability insurance
  142  policies under which an insurer has a duty to defend an insured
  143  against claims asserted or suits or actions filed in this state.
  144  Such liability insurance policies include surplus lines
  145  insurance policies authorized under the Surplus Lines Law, ss.
  146  626.913-626.937. This section does not apply to motor vehicle
  147  liability insurance or medical professional liability insurance.
  148         (b)This section applies to any claim, suit, or other
  149  action initiated on or after January 1, 2020.
  150         Section 6. Subsection (3) of section 624.155, Florida
  151  Statutes, is amended to read:
  152         624.155 Civil remedy.—
  153         (3)(a) As a condition precedent to bringing an action under
  154  this section, the department and the authorized insurer must
  155  have been given 60 days’ written notice of the violation. If the
  156  department returns a notice for lack of specificity, the 60-day
  157  time period shall not begin until a proper notice is filed.
  158         (b) The notice shall be on a form provided by the
  159  department and shall state with specificity the following
  160  information, and such other information as the department may
  161  require:
  162         1. The statutory provision, including the specific language
  163  of the statute, which the authorized insurer allegedly violated.
  164         2. The facts and circumstances giving rise to the
  165  violation.
  166         3. The name of any individual involved in the violation.
  167         4. Reference to specific policy language that is relevant
  168  to the violation, if any. If the person bringing the civil
  169  action is a third party claimant, she or he shall not be
  170  required to reference the specific policy language if the
  171  authorized insurer has not provided a copy of the policy to the
  172  third party claimant pursuant to written request.
  173         5. A statement that the notice is given in order to perfect
  174  the right to pursue the civil remedy authorized by this section.
  175         (c) Within 20 days of receipt of the notice, the department
  176  may return any notice that does not provide the specific
  177  information required by this section, and the department shall
  178  indicate the specific deficiencies contained in the notice. A
  179  determination by the department to return a notice for lack of
  180  specificity shall be exempt from the requirements of chapter
  181  120.
  182         (c)(d) No action shall lie if, within 60 days after filing
  183  notice, the damages are paid or the circumstances giving rise to
  184  the violation are corrected.
  185         (d)(e) The authorized insurer that is the recipient of a
  186  notice filed pursuant to this section shall report to the
  187  department on the disposition of the alleged violation.
  188         (e)(f) The applicable statute of limitations for an action
  189  under this section shall be tolled for a period of 65 days by
  190  the mailing of the notice required by this subsection or the
  191  mailing of a subsequent notice required by this subsection.
  192         (f)A notice required under this subsection may not be
  193  filed within 60 days after appraisal is invoked by any party in
  194  a residential property insurance claim.
  195         Section 7. Subsection (2) of section 624.404, Florida
  196  Statutes, is amended to read:
  197         624.404 General eligibility of insurers for certificate of
  198  authority.—To qualify for and hold authority to transact
  199  insurance in this state, an insurer must be otherwise in
  200  compliance with this code and with its charter powers and must
  201  be an incorporated stock insurer, an incorporated mutual
  202  insurer, or a reciprocal insurer, of the same general type as
  203  may be formed as a domestic insurer under this code; except
  204  that:
  205         (2) A No foreign or alien insurer or exchange may not shall
  206  be authorized to transact insurance in this state unless it is
  207  otherwise qualified therefor under this code and has operated
  208  satisfactorily for at least 3 years in its state or country of
  209  domicile; however, the office may waive the 3-year requirement
  210  if the foreign or alien insurer or exchange:
  211         (a) Has operated successfully and has capital and surplus
  212  of $5 million;
  213         (b) Is the wholly owned subsidiary of an insurer which is
  214  an authorized insurer in this state;
  215         (c) Is the successor in interest through merger or
  216  consolidation of an authorized insurer; or
  217         (d) Provides a product or service not readily available to
  218  the consumers of this state; or
  219         (e)Demonstrates to the satisfaction of the office that its
  220  authorization to transact insurance in this state is in the best
  221  interest of this state and its policyholders.
  222         Section 8. Paragraphs (d) and (e) of subsection (2) of
  223  section 624.4085, Florida Statutes, are amended, and paragraph
  224  (g) of subsection (1) of that section is republished, to read:
  225         624.4085 Risk-based capital requirements for insurers.—
  226         (1) As used in this section, the term:
  227         (g) “Life and health insurer” means an insurer authorized
  228  or eligible under the Florida Insurance Code to underwrite life
  229  or health insurance. The term includes a property and casualty
  230  insurer that writes accident and health insurance only.
  231  Effective January 1, 2015, the term also includes a health
  232  maintenance organization that is authorized in this state and
  233  one or more other states, jurisdictions, or countries and a
  234  prepaid limited health service organization that is authorized
  235  in this state and one or more other states, jurisdictions, or
  236  countries.
  237         (2)
  238         (d) A life and health insurer’s risk-based capital is
  239  determined in accordance with the formula set forth in the risk
  240  based capital instructions. The formula takes into account and
  241  may adjust for the covariance between:
  242         1. The risk with respect to the insurer’s assets;
  243         2. The risk of adverse insurance experience with respect to
  244  the insurer’s liabilities and obligations;
  245         3. The interest rate risk with respect to the insurer’s
  246  business; and
  247         4. Any other business or other relevant risk set out in the
  248  risk-based capital instructions,
  250  determined in each case by applying the factors in the manner
  251  set forth in the risk-based capital instructions. This paragraph
  252  does not apply to a health maintenance organization or a prepaid
  253  limited health service organization.
  254         (e) The risk-based capital of a property and casualty
  255  insurer, and, if a health maintenance organization or prepaid
  256  limited health service organization is subject to this section
  257  pursuant to paragraph (1)(g), the risk-based capital of such
  258  organization, insurer’s risk-based capital is determined in
  259  accordance with the formula set forth in the risk-based capital
  260  instructions. The formula takes into account and may adjust for
  261  the covariance between:
  262         1. The asset risk;
  263         2. The credit risk;
  264         3. The underwriting risk; and
  265         4. Any other business or other relevant risk set out in the
  266  risk-based capital instructions,
  268  determined in each case by applying the factors in the manner
  269  set forth in the risk-based capital instructions.
  270         Section 9. Subsection (4) of section 626.916, Florida
  271  Statutes, is amended, and subsection (5) is added to that
  272  section, to read:
  273         626.916 Eligibility for export.—
  274         (4) A reasonable per-policy fee, not to exceed $35, may be
  275  charged by the filing surplus lines agent for each policy
  276  certified for export. The per-policy fee must be itemized
  277  separately to the customer before purchase and must be
  278  enumerated in the policy.
  279         (5)A retail agent may charge a reasonable per-policy fee
  280  for placement of a surplus lines policy under this section. The
  281  per-policy fee must be itemized separately to the customer
  282  before purchase.
  283         Section 10. Paragraph (m) of subsection (1) of section
  284  626.9541, Florida Statutes, is amended to read:
  285         626.9541 Unfair methods of competition and unfair or
  286  deceptive acts or practices defined.—
  288  ACTS.—The following are defined as unfair methods of competition
  289  and unfair or deceptive acts or practices:
  290         (m) Permissible advertising and promotional gifts, and
  291  charitable contributions, and loss mitigation services or loss
  292  control items permitted.—
  293         1. The provisions of Paragraph (f), paragraph (g), or
  294  paragraph (h) do not prohibit a licensed insurer or its agent
  295  from:
  296         a. Giving to insureds, prospective insureds, or others any
  297  article of merchandise, goods, wares, store gift cards, gift
  298  certificates, event tickets, anti-fraud or loss mitigation
  299  services, or other items having a total value of $100 or less
  300  per insured or prospective insured in any calendar year.
  301         b. Making charitable contributions, as defined in s. 170(c)
  302  of the Internal Revenue Code, on behalf of insureds or
  303  prospective insureds, of up to $100 per insured or prospective
  304  insured in any calendar year.
  305         c.Giving to insureds, for free or at a discounted price,
  306  loss mitigation services or loss control items of value that
  307  relate to the risks covered under the policy.
  308         2. The provisions of Paragraph (f), paragraph (g), or
  309  paragraph (h) do not prohibit a title insurance agent or title
  310  insurance agency, as those terms are defined in s. 626.841, or a
  311  title insurer, as defined in s. 627.7711, from giving to
  312  insureds, prospective insureds, or others, for the purpose of
  313  advertising, any article of merchandise having a value of not
  314  more than $25. A person or entity governed by this subparagraph
  315  is not subject to subparagraph 1.
  316         Section 11. Section 627.0655, Florida Statutes, is amended
  317  to read:
  318         627.0655 Policyholder loss or expense-related premium
  319  discounts.—An insurer or person authorized to engage in the
  320  business of insurance in this state may include, in the premium
  321  charged an insured for any policy, contract, or certificate of
  322  insurance, an actuarially sound a discount based on the fact
  323  that another policy, contract, or certificate of any type has
  324  been purchased by the insured from:
  325         (1) The same insurer or insurer group, or another insurer
  326  under a joint marketing agreement;
  327         (2) The Citizens Property Insurance Corporation created
  328  under s. 627.351(6), if the same insurance agent is servicing
  329  both policies;, or
  330         (3) An insurer that has removed the policy from the
  331  Citizens Property Insurance Corporation or issued a policy
  332  pursuant to the clearinghouse program under s. 627.3518, if the
  333  same insurance agent is servicing both policies; or
  334         (4)An insurer, if the same insurance agent is servicing
  335  the policies.
  336         Section 12. Subsection (2) of section 627.426, Florida
  337  Statutes, is amended to read:
  338         627.426 Claims administration.—
  339         (2) A liability insurer shall not be permitted to deny
  340  coverage based on a particular coverage defense unless:
  341         (a) Within 30 days after the liability insurer knew or
  342  should have known of the coverage defense, written notice of
  343  reservation of rights to assert a coverage defense is given to
  344  the named insured by United States postal proof of mailing,
  345  registered or certified mail, or other mailing using the
  346  Intelligent Mail barcode or other similar tracking method used
  347  or approved by the United States Postal Service, sent to the
  348  last known address of the insured, or by hand delivery; and
  349         (b) Within 60 days of compliance with paragraph (a) or
  350  receipt of a summons and complaint naming the insured as a
  351  defendant, whichever is later, but in no case later than 30 days
  352  before trial, the insurer:
  353         1. Gives written notice to the named insured by United
  354  States postal proof of mailing, registered or certified mail, or
  355  other mailing using the Intelligent Mail barcode or other
  356  similar tracking method used or approved by the United States
  357  Postal Service, of its refusal to defend the insured;
  358         2. Obtains from the insured a nonwaiver agreement following
  359  full disclosure of the specific facts and policy provisions upon
  360  which the coverage defense is asserted and the duties,
  361  obligations, and liabilities of the insurer during and following
  362  the pendency of the subject litigation; or
  363         3. Retains independent counsel which is mutually agreeable
  364  to the parties. Reasonable fees for the counsel may be agreed
  365  upon between the parties or, if no agreement is reached, shall
  366  be set by the court.
  367         Section 13. Section 627.4555, Florida Statutes, is amended
  368  to read:
  369         627.4555 Secondary notice.—
  370         (1) Except as provided in this section, a contract for life
  371  insurance issued or issued for delivery in this state on or
  372  after October 1, 1997, covering a natural person 64 years of age
  373  or older, which has been in force for at least 1 year, may not
  374  be lapsed for nonpayment of premium unless, after expiration of
  375  the grace period, and at least 21 days before the effective date
  376  of any such lapse, the insurer has mailed a notification of the
  377  impending lapse in coverage to the policyowner and to a
  378  specified secondary addressee if such addressee has been
  379  designated in writing by name and address by the policyowner. An
  380  insurer issuing a life insurance contract on or after October 1,
  381  1997, shall notify the applicant of the right to designate a
  382  secondary addressee at the time of application for the policy,
  383  on a form provided by the insurer, and at any time the policy is
  384  in force, by submitting a written notice to the insurer
  385  containing the name and address of the secondary addressee. For
  386  purposes of any life insurance policy that provides a grace
  387  period of more than 51 days for nonpayment of premiums, the
  388  notice of impending lapse in coverage required by this section
  389  must be mailed to the policyowner and the secondary addressee at
  390  least 21 days before the expiration of the grace period provided
  391  in the policy. This section does not apply to any life insurance
  392  contract under which premiums are payable monthly or more
  393  frequently and are regularly collected by a licensed agent or
  394  are paid by credit card or any preauthorized check processing or
  395  automatic debit service of a financial institution.
  396         (2)If the policyowner has a life agent of record or any
  397  agent of record, the insurer must also notify the agent of the
  398  impending lapse in coverage or mail or send electronically a
  399  copy of the notification of the impending lapse in coverage
  400  under subsection (1) to the agent at least 21 days before the
  401  effective date of any such lapse. Receipt of such notice does
  402  not make the agent responsible for any lapse in coverage. An
  403  insurer is not required to notify the agent under this
  404  subsection if any of the following applies:
  405         (a)The insurer maintains an online system that allows an
  406  agent to independently determine if a policy has lapsed.
  407         (b)The insurer maintains a procedure that allows an agent
  408  to independently determine whether the notice of lapse has been
  409  sent to the insured.
  410         (c)The insurer has no record of the current agent of
  411  record.
  412         (d)The agent is employed by the insurer or an affiliate of
  413  the insurer.
  414         Section 14. Subsection (2) of section 627.7015, Florida
  415  Statutes, is amended to read:
  416         627.7015 Alternative procedure for resolution of disputed
  417  property insurance claims.—
  418         (2) At the time of issuance and renewal of a policy or at
  419  the time a first-party claim within the scope of this section is
  420  filed by the policyholder, the insurer shall notify the
  421  policyholder of its right to participate in the mediation
  422  program under this section. The department shall prepare a
  423  consumer information pamphlet for distribution to persons
  424  participating in mediation.
  425         Section 15. Subsection (7) of section 627.7295, Florida
  426  Statutes, is amended to read:
  427         627.7295 Motor vehicle insurance contracts.—
  428         (7) A policy of private passenger motor vehicle insurance
  429  or a binder for such a policy may be initially issued in this
  430  state only if, before the effective date of such binder or
  431  policy, the insurer or agent has collected from the insured an
  432  amount equal to at least 1 month’s 2 months’ premium. An
  433  insurer, agent, or premium finance company may not, directly or
  434  indirectly, take any action resulting in the insured having paid
  435  from the insured’s own funds an amount less than the 1 month’s 2
  436  months’ premium required by this subsection. This subsection
  437  applies without regard to whether the premium is financed by a
  438  premium finance company or is paid pursuant to a periodic
  439  payment plan of an insurer or an insurance agent. This
  440  subsection does not apply if an insured or member of the
  441  insured’s family is renewing or replacing a policy or a binder
  442  for such policy written by the same insurer or a member of the
  443  same insurer group. This subsection does not apply to an insurer
  444  that issues private passenger motor vehicle coverage primarily
  445  to active duty or former military personnel or their dependents.
  446  This subsection does not apply if all policy payments are paid
  447  pursuant to a payroll deduction plan, an automatic electronic
  448  funds transfer payment plan from the policyholder, or a
  449  recurring credit card or debit card agreement with the insurer.
  450  This subsection and subsection (4) do not apply if all policy
  451  payments to an insurer are paid pursuant to an automatic
  452  electronic funds transfer payment plan from an agent, a managing
  453  general agent, or a premium finance company and if the policy
  454  includes, at a minimum, personal injury protection pursuant to
  455  ss. 627.730-627.7405; motor vehicle property damage liability
  456  pursuant to s. 627.7275; and bodily injury liability in at least
  457  the amount of $10,000 because of bodily injury to, or death of,
  458  one person in any one accident and in the amount of $20,000
  459  because of bodily injury to, or death of, two or more persons in
  460  any one accident. This subsection and subsection (4) do not
  461  apply if an insured has had a policy in effect for at least 6
  462  months, the insured’s agent is terminated by the insurer that
  463  issued the policy, and the insured obtains coverage on the
  464  policy’s renewal date with a new company through the terminated
  465  agent.
  466         Section 16. Paragraph (e) of subsection (3) of section
  467  921.0022, Florida Statutes, is amended to read:
  468         921.0022 Criminal Punishment Code; offense severity ranking
  469  chart.—
  471         (e) LEVEL 5
  473  FloridaStatute             FelonyDegree        Description        
  474  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  475  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  476  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  477  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  478  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  479  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  480  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  481  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  482  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  483  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  484  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  485  440.381(2)                   3rd 2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  486  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  487  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  488  790.01(2)                      3rd     Carrying a concealed firearm.
  489  790.162                        2nd     Threat to throw or discharge destructive device.
  490  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  491  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  492  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  493  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  494  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  495  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  496  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  497  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  498  812.015(8)                     3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  499  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  500  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  501  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  502  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  503  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  504  817.2341(1),(2)(a) & (3)(a)    3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  505  817.568(2)(b)                  2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  506  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  507  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  508  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  509  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  510  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  511  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  512  839.13(2)(b)                   2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  513  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  514  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  515  847.0137(2) & (3)              3rd     Transmission of pornography by electronic device or equipment.
  516  847.0138(2) & (3)              3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  517  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  518  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  519  893.13(1)(a)1.                 2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
  520  893.13(1)(c)2.                 2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  521  893.13(1)(d)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
  522  893.13(1)(e)2.                 2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  523  893.13(1)(f)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
  524  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  525  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  527         Section 17. Except as otherwise expressly provided in this
  528  act and except for this section, which shall take effect upon
  529  this act becoming a law, this act shall take effect July 1,
  530  2019.
  532  ================= T I T L E  A M E N D M E N T ================
  533  And the title is amended as follows:
  534         Delete everything before the enacting clause
  535  and insert:
  536                        A bill to be entitled                      
  537         An act relating to insurance; providing a short title;
  538         amending s. 215.555, F.S.; increasing the required
  539         reimbursement of loss adjustment expenses in
  540         reimbursement contracts between the State Board of
  541         Administration and property insurers under the Florida
  542         Hurricane Catastrophe Fund; amending s. 319.30, F.S.;
  543         specifying means by which an insurance company may
  544         forward certificates of title of certain salvage motor
  545         vehicles or mobile homes to the Department of Highway
  546         Safety and Motor Vehicles; revising the effective date
  547         of certain procedures and requirements relating to
  548         certificates of title; providing that certain
  549         electronic signatures satisfy certain signature
  550         requirements; amending s. 440.381, F.S.; revising a
  551         criminal penalty for the submission, with certain
  552         intent, of an employer application for workers’
  553         compensation insurance coverage which contains false,
  554         misleading, or incomplete information; providing that
  555         certain sworn statements in such applications are not
  556         required to be notarized; creating s. 624.1055, F.S.;
  557         providing a right of contribution among insurers for
  558         defense costs under certain circumstances; providing a
  559         requirement for, and authorizing the use of certain
  560         factors by, a court in allocating costs; providing a
  561         cause of action to enforce the right of contribution;
  562         providing construction and applicability; amending s.
  563         624.155, F.S.; deleting a provision that tolls, under
  564         certain circumstances, a period before a civil action
  565         against an insurer may be brought; deleting a
  566         provision authorizing the Department of Financial
  567         Services to return a civil remedy notice for lack of
  568         specificity; prohibiting the filing of the notice
  569         within a certain timeframe under certain
  570         circumstances; amending s. 624.404, F.S.; adding a
  571         circumstance under which the Office of Insurance
  572         Regulation may waive a 3-year operation requirement
  573         for foreign or alien insurers and exchanges; amending
  574         s. 624.4085, F.S.; specifying the applicable formula
  575         for determining risk-based capital of certain health
  576         maintenance organizations and prepaid limited health
  577         service organizations; amending s. 626.916, F.S.;
  578         deleting a limit on fees charged by filing surplus
  579         lines agents per policy certified for export;
  580         authorizing retail agents to charge reasonable fees
  581         for placing surplus lines policies; specifying
  582         requirements for itemizing and enumerating fees;
  583         amending s. 626.9541, F.S.; providing that insurers
  584         and agents may give insureds certain free or
  585         discounted loss mitigation services or loss control
  586         items; deleting a limitation on the value of loss
  587         mitigation services that may be given to insureds;
  588         amending s. 627.0655, F.S.; revising circumstances
  589         under which insurers or certain authorized persons may
  590         provide certain premium discounts to insureds;
  591         amending s. 627.426, F.S.; adding means by which
  592         liability insurers may provide to named insureds
  593         certain notices relating to coverage denials based on
  594         a particular coverage defense; amending s. 627.4555,
  595         F.S.; requiring life insurers that are required to
  596         provide a specified notice to policyowners of an
  597         impending lapse in coverage to also notify the
  598         policyowner’s agent of record within a certain
  599         timeframe; providing that the agent is not responsible
  600         for any lapse in coverage; exempting the insurer from
  601         the requirement under certain circumstances; amending
  602         s. 627.7015, F.S.; adding circumstances under which
  603         certain property insurers may provide required notice
  604         to policyholders of their right to participate in a
  605         certain mediation program; amending s. 627.7295, F.S.;
  606         reducing the collected premium required before private
  607         passenger motor vehicle insurance policies or binders
  608         may be initially issued; amending s. 921.0022, F.S.;
  609         conforming a provision to changes made by the act;
  610         providing effective dates.