Florida Senate - 2023 CS for CS for SB 1158
By the Appropriations Committee on Agriculture, Environment, and
General Government; the Committee on Banking and Insurance; and
Senator DiCeglie
601-03769-23 20231158c2
1 A bill to be entitled
2 An act relating to the Department of Financial
3 Services; amending s. 20.121, F.S.; revising powers
4 and duties of the department’s Division of
5 Investigative and Forensic Services; deleting the
6 department’s Strategic Markets Research and Assessment
7 Unit; amending s. 112.215, F.S.; redefining the term
8 “employee” as “government employee” and revising the
9 definition of the term; revising eligibility for plans
10 of deferred compensation established by the Chief
11 Financial Officer; revising the membership of the
12 Deferred Compensation Advisory Council; making
13 technical changes; amending s. 215.55952, F.S.;
14 revising the initial date and subsequent intervals in
15 which the Chief Financial Officer must provide the
16 Governor and the Legislature with a report on the
17 economic impact of certain hurricanes; amending s.
18 274.01, F.S.; revising the definition of the term
19 “governmental unit” for purposes of ch. 274, F.S.;
20 amending s. 440.13, F.S.; authorizing, rather than
21 requiring, a judge of compensation claims to order an
22 injured employee’s evaluation by an expert medical
23 advisor under certain circumstances; revising the
24 schedules of maximum reimbursement allowances
25 determined by the three-member panel under the
26 Workers’ Compensation Law; revising reimbursement
27 requirements for certain providers; requiring the
28 department to annually notify carriers and self
29 insurers of certain schedules; requiring the
30 publication of a schedule in a certain manner;
31 providing construction; revising factors the panel
32 must consider in establishing the uniform schedule of
33 maximum reimbursement allowances; deleting certain
34 standards for practice parameters; amending s.
35 440.385, F.S.; revising eligibility requirements for
36 the board of directors of the Florida Self-Insurers
37 Guaranty Association, Incorporated; providing
38 construction; authorizing the Chief Financial Officer
39 to remove a director under certain circumstances;
40 specifying requirements for, and restrictions on,
41 directors; prohibiting directors and employees of the
42 association from knowingly accepting certain gifts or
43 expenditures; providing penalties; amending s.
44 497.005, F.S.; adding and revising definitions for
45 purposes of the Florida Funeral, Cemetery, and
46 Consumer Services Act; amending s. 624.1265, F.S.;
47 revising conditions for a nonprofit religious
48 organization to be exempt from requirements of the
49 Florida Insurance Code; amending s. 624.501, F.S.;
50 deleting an application filing and license fee for
51 reinsurance intermediaries; amending s. 626.015, F.S.;
52 revising the definition of the term “association” for
53 purposes of part I of ch. 626, F.S.; amending s.
54 626.171, F.S.; deleting the authority of designated
55 examination centers to take fingerprints of applicants
56 for a license as an agent, customer representative,
57 adjuster, service representative, or reinsurance
58 intermediary; amending s. 626.173, F.S.; providing
59 that a certain notice requirement for certain licensed
60 insurance agencies ceasing the transacting of
61 insurance does not apply to certain kinds of
62 insurance; amending s. 626.207, F.S.; revising
63 violations for which the department must adopt rules
64 establishing specific penalties; amending s. 626.221,
65 F.S.; adding a certification that exempts an applicant
66 for license as an all-lines adjuster from an
67 examination requirement; amending s. 626.2815, F.S.;
68 revising continuing education requirements for certain
69 insurance representatives; amending s. 626.321, F.S.;
70 deleting certain requirements for, and restrictions
71 on, licensees of specified limited licenses; adding a
72 limited license for transacting preneed funeral
73 agreement insurance; specifying conditions for issuing
74 such license without an examination; amending s.
75 626.611, F.S.; revising specified grounds for
76 compulsory disciplinary actions taken by the
77 department against insurance representatives; amending
78 s. 626.621, F.S.; adding grounds for discretionary
79 disciplinary actions taken by the department against
80 insurance representatives; amending s. 626.7492, F.S.;
81 revising definitions of the terms “producer” and
82 “reinsurance intermediary manager”; revising licensure
83 requirements for reinsurance intermediary brokers and
84 reinsurance intermediary managers; deleting the
85 authority of the department to refuse to issue a
86 reinsurance intermediary license under certain
87 circumstances; amending s. 626.752, F.S.; requiring
88 the department to suspend the authority of an insurer
89 or employer to appoint licensees under certain
90 circumstances relating to the exchange of insurance
91 business; amending s. 626.785, F.S.; authorizing
92 certain persons to obtain a limited license to sell
93 only policies of life insurance covering the expense
94 of a prearrangement for funeral services or
95 merchandise; amending ss. 626.793 and 626.837, F.S.;
96 requiring the department to suspend the authority of
97 an insurer or employer to appoint licensees under
98 certain circumstances relating to the acceptance of
99 excess or rejected insurance business; amending s.
100 626.8411, F.S.; providing that certain notice
101 requirements do not apply to title insurance agents or
102 title insurance agencies; amending s. 626.8437, F.S.;
103 adding grounds for compulsory disciplinary actions
104 taken by the department against a title insurance
105 agent or agency; amending s. 626.844, F.S.; adding
106 grounds for discretionary disciplinary actions taken
107 by the department against a title insurance agent or
108 agency; amending s. 626.8473, F.S.; revising
109 requirements for engaging in the business as an escrow
110 agent in connection with real estate closing
111 transactions; amending s. 626.854, F.S.; revising
112 applicability of a prohibited act relating to public
113 insurance adjusters; amending s. 626.874, F.S.;
114 revising eligibility requirements for the department’s
115 issuance of licenses to catastrophe or emergency
116 adjusters; revising grounds on which the department
117 may deny such license; amending s. 626.9892, F.S.;
118 revising a condition and adding violations for which
119 the department may pay rewards under the Anti-Fraud
120 Reward Program; amending s. 626.9957, F.S.; providing
121 for the expiration of a health coverage navigator’s
122 registration under certain circumstances; specifying a
123 restriction on expired registrations; amending s.
124 627.351, F.S.; revising requirements for membership of
125 the Florida Medical Malpractice Joint Underwriting
126 Association; providing construction; specifying a
127 requirement for filling vacancies; authorizing the
128 Chief Financial Officer to remove board members under
129 certain circumstances; providing requirements for, and
130 restrictions on, board members; providing penalties;
131 amending s. 627.4215, F.S.; revising the applicability
132 of disclosure requirements for health insurers
133 relating to behavioral health insurance coverage;
134 amending s. 627.7015, F.S.; providing that a disputed
135 property insurance claim is not eligible for mediation
136 until certain conditions are met; providing that fees
137 for a rescheduled mediation conference be assessed by
138 the department rather than the administrator;
139 authorizing the department to suspend an insurer’s
140 authority to appoint licensees under certain
141 circumstances; amending s. 627.7074, F.S.; authorizing
142 the department to designate, by written contract or
143 agreement, an entity or a person to administer the
144 alternative dispute resolution process for sinkhole
145 insurance claims; amending s. 627.745, F.S.; revising
146 requirements and procedures for the mediation of
147 personal injury claims under a motor vehicle insurance
148 policy; requiring the department to adopt specified
149 rules relating to a motor vehicle claims insurance
150 mediation program; authorizing the department to
151 designate a person or entity to serve as
152 administrator; amending s. 631.141, F.S.; authorizing
153 the department in receivership proceedings to take
154 certain actions as a domiciliary receiver; amending s.
155 631.252, F.S.; revising conditions under which
156 policies and contracts of insolvent insurers are
157 canceled; amending ss. 631.56, 631.716, 631.816, and
158 631.912, F.S.; revising membership eligibility
159 requirements for the Florida Insurance Guaranty
160 Association, the Florida Life and Health Insurance
161 Guaranty Association, the Florida Health Maintenance
162 Organization Consumer Assistance Plan, and the Florida
163 Workers’ Compensation Insurance Guaranty Association,
164 Incorporated, respectively; providing construction;
165 authorizing the Chief Financial Officer to remove a
166 board member under certain circumstances; specifying
167 requirements for, and restrictions on, board members;
168 providing penalties; creating s. 633.1423, F.S.;
169 defining the term “organization”; authorizing the
170 Division of State Fire Marshal to establish a direct
171 support organization; specifying the purpose of and
172 requirements for the organization; specifying
173 requirements for the organization’s written contract
174 and board of directors; providing requirements for the
175 use of property, annual budgets and reports, an annual
176 audit, and the division’s receipt of proceeds;
177 authorizing moneys received to be held in a depository
178 account; providing for future repeal; amending s.
179 634.181, F.S.; adding grounds for compulsory
180 disciplinary actions by the department against motor
181 vehicle service agreement salespersons; requiring the
182 department to immediately temporarily suspend a
183 license or appointment under certain circumstances;
184 prohibiting a person from transacting insurance
185 business after such suspension; authorizing the
186 department to adopt rules; amending s. 634.191, F.S.;
187 revising grounds for discretionary disciplinary
188 actions by the department against motor vehicle
189 service agreement salespersons; requiring salespersons
190 to submit certain documents to the department;
191 authorizing the department to adopt rules; amending s.
192 634.320, F.S.; revising grounds for compulsory
193 disciplinary actions by the department against home
194 warranty association sales representatives; requiring
195 the department to immediately temporarily suspend a
196 license or appointment under certain circumstances;
197 prohibiting a person from transacting insurance
198 business after such suspension; authorizing the
199 department to adopt rules; amending s. 634.321, F.S.;
200 revising grounds for discretionary disciplinary
201 actions by the department against home warranty
202 association sales representatives; authorizing the
203 department to adopt rules; amending s. 634.419, F.S.;
204 providing that specified home solicitation sale
205 requirements do not apply to certain persons relating
206 to the solicitation of service warranty or related
207 service or product sales; amending s. 634.422, F.S.;
208 revising grounds for compulsory disciplinary actions
209 by the department against service warranty association
210 sales representatives; requiring the department to
211 immediately temporarily suspend a license or
212 appointment under certain circumstances; prohibiting a
213 person from transacting insurance business after such
214 suspension; authorizing the department to adopt rules;
215 amending s. 634.423, F.S.; revising grounds for
216 discretionary disciplinary actions by the department
217 against service warranty association sales
218 representatives; authorizing the department to adopt
219 rules; reordering and amending s. 648.25, F.S.;
220 defining and redefining terms; amending s. 648.26,
221 F.S.; authorizing certain actions by the department or
222 the Office of Insurance Regulation relating to certain
223 confidential records relating to bail bond agents;
224 amending s. 648.27, F.S.; deleting a provision
225 relating to the continuance of a temporary bail bond
226 agent license; amending s. 648.285, F.S.; revising
227 requirements, conditions, and procedures for a bail
228 bond agency license; providing applicability;
229 conforming a provision to changes made by the act;
230 amending s. 648.30, F.S.; revising requirements and
231 conditions for the licensure and appointment as a bail
232 bond agent or bail bond agency; conforming a provision
233 to changes made by the act; amending s. 648.31, F.S.;
234 specifying that there is no fee for the issuance of
235 any appointment to a bail bond agency; conforming a
236 provision to changes made by the act; amending s.
237 648.34, F.S.; revising qualifications for a bail bond
238 agent license; conforming a provision to changes made
239 by the act; amending s. 648.355, F.S.; deleting
240 provisions relating to temporary licenses as a limited
241 surety agent or professional bail bond agent;
242 specifying requirements for an individual licensed as
243 a temporary bail bond agent to qualify for bail bond
244 agent license; prohibiting the department from issuing
245 a temporary bail bond agent license beginning on a
246 specified date; providing construction relating to
247 existing temporary licenses; amending s. 648.382,
248 F.S.; revising requirements for the appointment of
249 bail bond agents or bail bond agencies; conforming a
250 provision to changes made by the act; amending s.
251 648.386, F.S.; defining the term “classroom
252 instruction”; revising requirements for approval and
253 certification as an approved limited surety agent and
254 professional bail bond agent continuing education
255 school; amending s. 648.387, F.S.; renaming primary
256 bail bond agents as bail bond agents in charge;
257 revising the department’s disciplinary authority;
258 revising prohibited actions and the applicability of
259 such prohibitions; providing for the automatic
260 expiration of a bail bond agency’s license under
261 certain circumstances; creating s. 648.3875, F.S.;
262 providing requirements for applying for designation as
263 a bail bond agent in charge; amending s. 648.39, F.S.;
264 revising applicability of provisions relating to
265 termination of appointments of certain agents and
266 agencies; repealing s. 648.41, F.S., relating to
267 termination of appointment of temporary bail bond
268 agents; amending s. 648.42, F.S.; conforming a
269 provision to changes made by the act; making a
270 technical change; amending s. 648.44, F.S.; revising
271 applicability of prohibited acts; revising and
272 specifying prohibited acts of bail bond agents and
273 bail bond agencies; conforming provisions to changes
274 made by the act; amending s. 648.441, F.S.; revising
275 applicability of a prohibition against furnishing
276 supplies to an unlicensed bail bond agent; amending s.
277 648.46, F.S.; authorizing certain actions by the
278 department or the office relating to certain
279 confidential records relating to bail bond agents;
280 amending s. 648.50, F.S.; revising applicability of
281 provisions relating to disciplinary actions taken by
282 the department; conforming provisions to changes made
283 by the act; amending s. 717.135, F.S.; revising a
284 requirement for, and a prohibition on, claimants’
285 representatives relating to unclaimed property
286 recovery agreements and purchase agreements; providing
287 construction; amending s. 843.021, F.S.; revising a
288 defense to an unlawful possession of a concealed
289 handcuff key; amending ss. 631.152, 631.398, and
290 903.09, F.S.; conforming cross-references; ratifying
291 specified rules of the department; providing
292 construction; providing effective dates.
293
294 Be It Enacted by the Legislature of the State of Florida:
295
296 Section 1. Paragraph (e) of subsection (2) and subsection
297 (6) of section 20.121, Florida Statutes, are amended to read:
298 20.121 Department of Financial Services.—There is created a
299 Department of Financial Services.
300 (2) DIVISIONS.—The Department of Financial Services shall
301 consist of the following divisions and office:
302 (e) The Division of Investigative and Forensic Services,
303 which shall function as a criminal justice agency for purposes
304 of ss. 943.045-943.08. The division may initiate and conduct
305 investigations into any matter under the jurisdiction of the
306 Chief Financial Officer and Fire Marshal within or outside of
307 this state as it deems necessary. If, during an investigation,
308 the division has reason to believe that any criminal law of this
309 state or the United States has or may have been violated, it
310 shall refer any records tending to show such violation to state
311 or federal law enforcement and, if applicable, federal or
312 prosecutorial agencies and shall provide investigative
313 assistance to those agencies as appropriate required. The
314 division shall include the following bureaus and office:
315 1. The Bureau of Forensic Services;
316 2. The Bureau of Fire, Arson, and Explosives
317 Investigations;
318 3. The Office of Fiscal Integrity, which shall have a
319 separate budget;
320 4. The Bureau of Insurance Fraud; and
321 5. The Bureau of Workers’ Compensation Fraud.
322 (6) STRATEGIC MARKETS RESEARCH AND ASSESSMENT UNIT.—The
323 Strategic Markets Research and Assessment Unit is established
324 within the Department of Financial Services. The Chief Financial
325 Officer or his or her designee shall report on September 1,
326 2008, and quarterly thereafter, to the Cabinet, the President of
327 the Senate, and the Speaker of the House of Representatives on
328 the status of the state’s financial services markets. At a
329 minimum, the report must include a summary of issues, trends,
330 and threats that broadly impact the condition of the financial
331 services industries, along with the effect of such conditions on
332 financial institutions, the securities industries, other
333 financial entities, and the credit market. The Chief Financial
334 Officer shall also provide findings and recommendations
335 regarding regulatory and policy changes to the Cabinet, the
336 President of the Senate, and the Speaker of the House of
337 Representatives.
338 Section 2. Subsections (2) and (4), paragraph (a) of
339 subsection (8), and subsection (12) of section 112.215, Florida
340 Statutes, are amended to read:
341 112.215 Government employees; deferred compensation
342 program.—
343 (2) For the purposes of this section, the term “government
344 employee” means any person employed, whether appointed, elected,
345 or under contract, by providing services for the state or any
346 governmental unit of the state, including, but not limited to,;
347 any state agency; any or county, municipality, or other
348 political subdivision of the state; any special district or
349 water management district, as the terms are defined in s.
350 189.012 municipality; any state university or Florida College
351 System institution, as the terms are defined in s. 1000.21(6)
352 and (3), respectively board of trustees; or any constitutional
353 county officer under s. 1(d), Art. VIII of the State
354 Constitution for which compensation or statutory fees are paid.
355 (4)(a) The Chief Financial Officer, with the approval of
356 the State Board of Administration, shall establish a state such
357 plan or plans of deferred compensation for government state
358 employees and may include persons employed by a state university
359 as defined in s. 1000.21, a special district as defined in s.
360 189.012, or a water management district as defined in s.
361 189.012, including all such investment vehicles or products
362 incident thereto, as may be available through, or offered by,
363 qualified companies or persons, and may approve one or more such
364 plans for implementation by and on behalf of the state and its
365 agencies and employees.
366 (b) If the Chief Financial Officer deems it advisable, he
367 or she shall have the power, with the approval of the State
368 Board of Administration, to create a trust or other special
369 funds for the segregation of funds or assets resulting from
370 compensation deferred at the request of government employees
371 participating in of the state plan or its agencies and for the
372 administration of such program.
373 (c) The Chief Financial Officer, with the approval of the
374 State Board of Administration, may delegate responsibility for
375 administration of the state plan to a person the Chief Financial
376 Officer determines to be qualified, compensate such person, and,
377 directly or through such person or pursuant to a collective
378 bargaining agreement, contract with a private corporation or
379 institution to provide such services as may be part of any such
380 plan or as may be deemed necessary or proper by the Chief
381 Financial Officer or such person, including, but not limited to,
382 providing consolidated billing, individual and collective
383 recordkeeping and accountings, asset purchase, control, and
384 safekeeping, and direct disbursement of funds to employees or
385 other beneficiaries. The Chief Financial Officer may authorize a
386 person, private corporation, or institution to make direct
387 disbursement of funds under the state plan to an employee or
388 other beneficiary.
389 (d) In accordance with such approved plan, and upon
390 contract or agreement with an eligible government employee,
391 deferrals of compensation may be accomplished by payroll
392 deductions made by the appropriate officer or officers of the
393 state, with such funds being thereafter held and administered in
394 accordance with the plan.
395 (e) The administrative costs of the deferred compensation
396 plan must be wholly or partially self-funded. Fees for such
397 self-funding of the plan shall be paid by investment providers
398 and may be recouped from their respective plan participants.
399 Such fees shall be deposited in the Deferred Compensation Trust
400 Fund.
401 (8)(a) There is created a Deferred Compensation Advisory
402 Council composed of eight seven members.
403 1. One member shall be appointed by the Speaker of the
404 House of Representatives and the President of the Senate jointly
405 and shall be an employee of the legislative branch.
406 2. One member shall be appointed by the Chief Justice of
407 the Supreme Court and shall be an employee of the judicial
408 branch.
409 3. One member shall be appointed by the chair of the Public
410 Employees Relations Commission and shall be a nonexempt public
411 employee.
412 4. The remaining five four members shall be employed by the
413 executive branch and shall be appointed as follows:
414 a. One member shall be appointed by the Chancellor of the
415 State University System and shall be an employee of the
416 university system.
417 b. One member shall be appointed by the Chief Financial
418 Officer and shall be an employee of the Chief Financial Officer.
419 c. One member shall be appointed by the Governor and shall
420 be an employee of the executive branch.
421 d. One member shall be appointed by the Executive Director
422 of the State Board of Administration and shall be an employee of
423 the State Board of Administration.
424 e. One member shall be appointed by the Chancellor of the
425 Florida College System and shall be an employee of the Florida
426 College System.
427 (12) The Chief Financial Officer may adopt any rule
428 necessary to administer and implement this act with respect to
429 the state deferred compensation plan or plans for state
430 employees and persons employed by a state university as defined
431 in s. 1000.21, a special district as defined in s. 189.012, or a
432 water management district as defined in s. 189.012.
433 Section 3. Section 215.55952, Florida Statutes, is amended
434 to read:
435 215.55952 Triennial Annual report on economic impact of a
436 1-in-100-year hurricane.—The Chief Financial Officer shall
437 provide a report on the economic impact on the state of a 1-in
438 100-year hurricane to the Governor, the President of the Senate,
439 and the Speaker of the House of Representatives by March 1,
440 2025, and of each triennial year thereafter. The report shall
441 include an estimate of the short-term and long-term fiscal
442 impacts of such a storm on Citizens Property Insurance
443 Corporation, the Florida Hurricane Catastrophe Fund, the private
444 insurance and reinsurance markets, the state economy, and the
445 state debt. The report shall also include an analysis of the
446 average premium increase to fund a 1-in-100-year hurricane event
447 and list the average cost, in both a percentage and dollar
448 amount, impact to consumers on a county-level basis. The report
449 may also include recommendations by the Chief Financial Officer
450 for preparing for such a hurricane and reducing the economic
451 impact of such a hurricane on the state. In preparing the
452 analysis, the Chief Financial Officer shall coordinate with and
453 obtain data from the Office of Insurance Regulation, Citizens
454 Property Insurance Corporation, the Florida Hurricane
455 Catastrophe Fund, the Florida Commission on Hurricane Loss
456 Projection Methodology, the State Board of Administration, the
457 Office of Economic and Demographic Research, and other state
458 agencies.
459 Section 4. Subsection (1) of section 274.01, Florida
460 Statutes, is amended to read:
461 274.01 Definitions.—The following words as used in this act
462 have the meanings set forth in the below subsections, unless a
463 different meaning is required by the context:
464 (1) “Governmental unit” means the governing board,
465 commission, or authority of a county, a county agency, a
466 municipality, a special district as defined in s. 189.012 or
467 taxing district of the state, or the sheriff of the county.
468 Section 5. Paragraph (c) of subsection (9) and subsections
469 (12) and (14) of section 440.13, Florida Statutes, are amended
470 to read:
471 440.13 Medical services and supplies; penalty for
472 violations; limitations.—
473 (9) EXPERT MEDICAL ADVISORS.—
474 (c) If there is disagreement in the opinions of the health
475 care providers, if two health care providers disagree on medical
476 evidence supporting the employee’s complaints or the need for
477 additional medical treatment, or if two health care providers
478 disagree that the employee is able to return to work, the
479 department may, and the judge of compensation claims may shall,
480 upon his or her own motion or within 15 days after receipt of a
481 written request by either the injured employee, the employer, or
482 the carrier, order the injured employee to be evaluated by an
483 expert medical advisor. The injured employee and the employer or
484 carrier may agree on the health care provider to serve as an
485 expert medical advisor. If the parties do not agree, the judge
486 of compensation claims shall select an expert medical advisor
487 from the department’s list of certified expert medical advisors.
488 If a certified medical advisor within the relevant medical
489 specialty is unavailable, the judge of compensation claims shall
490 appoint any otherwise qualified health care provider to serve as
491 an expert medical advisor without obtaining the department’s
492 certification. The opinion of the expert medical advisor is
493 presumed to be correct unless there is clear and convincing
494 evidence to the contrary as determined by the judge of
495 compensation claims. The expert medical advisor appointed to
496 conduct the evaluation shall have free and complete access to
497 the medical records of the employee. An employee who fails to
498 report to and cooperate with such evaluation forfeits
499 entitlement to compensation during the period of failure to
500 report or cooperate.
501 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
502 REIMBURSEMENT ALLOWANCES.—
503 (a) A three-member panel is created, consisting of the
504 Chief Financial Officer, or the Chief Financial Officer’s
505 designee, and two members to be appointed by the Governor,
506 subject to confirmation by the Senate, one member who, on
507 account of present or previous vocation, employment, or
508 affiliation, shall be classified as a representative of
509 employers, the other member who, on account of previous
510 vocation, employment, or affiliation, shall be classified as a
511 representative of employees. The panel shall determine statewide
512 schedules of maximum reimbursement allowances for medically
513 necessary treatment, care, and attendance provided by
514 physicians, hospitals and, ambulatory surgical centers, work
515 hardening programs, pain programs, and durable medical
516 equipment. The maximum reimbursement allowances for inpatient
517 hospital care shall be based on a schedule of per diem rates, to
518 be approved by the three-member panel no later than March 1,
519 1994, to be used in conjunction with a precertification manual
520 as determined by the department, including maximum hours in
521 which an outpatient may remain in observation status, which
522 shall not exceed 23 hours. All compensable charges for hospital
523 outpatient care shall be reimbursed at 75 percent of usual and
524 customary charges, except as otherwise provided by this
525 subsection. Annually, the three-member panel shall adopt
526 schedules of maximum reimbursement allowances for physicians,
527 hospital inpatient care, hospital outpatient care, and
528 ambulatory surgical centers, work-hardening programs, and pain
529 programs. A An individual physician, hospital or an, ambulatory
530 surgical center, pain program, or work-hardening program shall
531 be reimbursed either the agreed-upon contract price or the
532 maximum reimbursement allowance in the appropriate schedule.
533 (b) It is the intent of the Legislature to increase the
534 schedule of maximum reimbursement allowances for selected
535 physicians effective January 1, 2004, and to pay for the
536 increases through reductions in payments to hospitals. Revisions
537 developed pursuant to this subsection are limited to the
538 following:
539 1. Payments for outpatient physical, occupational, and
540 speech therapy provided by hospitals shall be reduced to the
541 schedule of maximum reimbursement allowances for these services
542 which applies to nonhospital providers.
543 (c)2. Payments for scheduled outpatient nonemergency
544 radiological and clinical laboratory services that are not
545 provided in conjunction with a surgical procedure shall be
546 reduced to the schedule of maximum reimbursement allowances for
547 these services which applies to nonhospital providers.
548 (d)3. Outpatient reimbursement for scheduled surgeries
549 shall be reduced from 75 percent of charges to 60 percent of
550 charges.
551 (e)1. By July 1 of each year, the department shall notify
552 carriers and self-insurers of the physician and nonhospital
553 services schedule of maximum reimbursement allowances. The
554 notice must include publication of this schedule of maximum
555 reimbursement allowances on the division’s website. This
556 schedule is not subject to approval by the three-member panel
557 and does not include reimbursement for prescription medication.
558 2. Subparagraph 1. shall take effect January 1, following
559 the July 1, 2024, notice of the physician and nonhospital
560 services schedule of maximum reimbursement allowances which the
561 department provides to carriers and self-insurers.
562 (f)4. Maximum reimbursement for a physician licensed under
563 chapter 458 or chapter 459 shall be increased to 110 percent of
564 the reimbursement allowed by Medicare, using appropriate codes
565 and modifiers or the medical reimbursement level adopted by the
566 three-member panel as of January 1, 2003, whichever is greater.
567 (g)5. Maximum reimbursement for surgical procedures shall
568 be increased to 140 percent of the reimbursement allowed by
569 Medicare or the medical reimbursement level adopted by the
570 three-member panel as of January 1, 2003, whichever is greater.
571 (h)(c) As to reimbursement for a prescription medication,
572 the reimbursement amount for a prescription shall be the average
573 wholesale price plus $4.18 for the dispensing fee. For
574 repackaged or relabeled prescription medications dispensed by a
575 dispensing practitioner as provided in s. 465.0276, the fee
576 schedule for reimbursement shall be 112.5 percent of the average
577 wholesale price, plus $8.00 for the dispensing fee. For purposes
578 of this subsection, the average wholesale price shall be
579 calculated by multiplying the number of units dispensed times
580 the per-unit average wholesale price set by the original
581 manufacturer of the underlying drug dispensed by the
582 practitioner, based upon the published manufacturer’s average
583 wholesale price published in the Medi-Span Master Drug Database
584 as of the date of dispensing. All pharmaceutical claims
585 submitted for repackaged or relabeled prescription medications
586 must include the National Drug Code of the original
587 manufacturer. Fees for pharmaceuticals and pharmaceutical
588 services shall be reimbursable at the applicable fee schedule
589 amount except where the employer or carrier, or a service
590 company, third party administrator, or any entity acting on
591 behalf of the employer or carrier directly contracts with the
592 provider seeking reimbursement for a lower amount.
593 (i)(d) Reimbursement for all fees and other charges for
594 such treatment, care, and attendance, including treatment, care,
595 and attendance provided by any hospital or other health care
596 provider, ambulatory surgical center, work-hardening program, or
597 pain program, must not exceed the amounts provided by the
598 uniform schedule of maximum reimbursement allowances as
599 determined by the panel or as otherwise provided in this
600 section. This subsection also applies to independent medical
601 examinations performed by health care providers under this
602 chapter. In determining the uniform schedule, the panel shall
603 first approve the data which it finds representative of
604 prevailing charges in the state for similar treatment, care, and
605 attendance of injured persons. Each health care provider, health
606 care facility, ambulatory surgical center, work-hardening
607 program, or pain program receiving workers’ compensation
608 payments shall maintain records verifying their usual charges.
609 In establishing the uniform schedule of maximum reimbursement
610 allowances, the panel must consider:
611 1. The levels of reimbursement for similar treatment, care,
612 and attendance made by other health care programs or third-party
613 providers;
614 2. The impact upon cost to employers for providing a level
615 of reimbursement for treatment, care, and attendance which will
616 ensure the availability of treatment, care, and attendance
617 required by injured workers; and
618 3. The financial impact of the reimbursement allowances
619 upon health care providers and health care facilities, including
620 trauma centers as defined in s. 395.4001, and its effect upon
621 their ability to make available to injured workers such
622 medically necessary remedial treatment, care, and attendance.
623 The uniform schedule of maximum reimbursement allowances must be
624 reasonable, must promote health care cost containment and
625 efficiency with respect to the workers’ compensation health care
626 delivery system, and must be sufficient to ensure availability
627 of such medically necessary remedial treatment, care, and
628 attendance to injured workers; and
629 4. The most recent average maximum allowable rate of
630 increase for hospitals determined by the Health Care Board under
631 chapter 408.
632 (j)(e) In addition to establishing the uniform schedule of
633 maximum reimbursement allowances, the panel shall:
634 1. Take testimony, receive records, and collect data to
635 evaluate the adequacy of the workers’ compensation fee schedule,
636 nationally recognized fee schedules and alternative methods of
637 reimbursement to health care providers and health care
638 facilities for inpatient and outpatient treatment and care.
639 2. Survey health care providers and health care facilities
640 to determine the availability and accessibility of workers’
641 compensation health care delivery systems for injured workers.
642 3. Survey carriers to determine the estimated impact on
643 carrier costs and workers’ compensation premium rates by
644 implementing changes to the carrier reimbursement schedule or
645 implementing alternative reimbursement methods.
646 4. Submit recommendations on or before January 15, 2017,
647 and biennially thereafter, to the President of the Senate and
648 the Speaker of the House of Representatives on methods to
649 improve the workers’ compensation health care delivery system.
650
651 The department, as requested, shall provide data to the panel,
652 including, but not limited to, utilization trends in the
653 workers’ compensation health care delivery system. The
654 department shall provide the panel with an annual report
655 regarding the resolution of medical reimbursement disputes and
656 any actions pursuant to subsection (8). The department shall
657 provide administrative support and service to the panel to the
658 extent requested by the panel. For prescription medication
659 purchased under the requirements of this subsection, a
660 dispensing practitioner shall not possess such medication unless
661 payment has been made by the practitioner, the practitioner’s
662 professional practice, or the practitioner’s practice management
663 company or employer to the supplying manufacturer, wholesaler,
664 distributor, or drug repackager within 60 days of the dispensing
665 practitioner taking possession of that medication.
666 (14) PRACTICE PARAMETERS.—The practice parameters and
667 protocols mandated under this chapter shall be the practice
668 parameters and protocols adopted by the United States Agency for
669 Healthcare Research and Quality in effect on January 1, 2003.
670 Section 6. Effective January 1, 2024, subsection (2) of
671 section 440.385, Florida Statutes, is amended to read:
672 440.385 Florida Self-Insurers Guaranty Association,
673 Incorporated.—
674 (2) BOARD OF DIRECTORS.—The board of directors of the
675 association shall consist of nine persons and shall be organized
676 as established in the plan of operation. Each director must All
677 board members shall be experienced in self-insurance in this
678 state. Each director shall serve for a 4-year term and may be
679 reappointed. Appointments after January 1, 2002, shall be made
680 by the department upon recommendation of members of the
681 association or other persons with experience in self-insurance
682 as determined by the Chief Financial Officer. These appointments
683 are deemed to be within the scope of the exemption provided in
684 s. 112.313(7)(b). Any vacancy on the board shall be filled for
685 the remaining period of the term in the same manner as
686 appointments other than initial appointments are made. Each
687 director shall be reimbursed for expenses incurred in carrying
688 out the duties of the board on behalf of the association.
689 (a) The Chief Financial Officer may remove a director from
690 office for misconduct, malfeasance, misfeasance, or neglect of
691 duty. Any vacancy so created shall be filled as provided in this
692 subsection.
693 (b) Directors are subject to the code of ethics under part
694 III of chapter 112, including, but not limited to, the code of
695 ethics and public disclosure and reporting of financial
696 interests, pursuant to s. 112.3145. For purposes of applying
697 part III of chapter 112 to activities of members of the board of
698 directors, those persons are considered public officers and the
699 association is considered their agency. Notwithstanding s.
700 112.3143(2), a director may not vote on any measure that he or
701 she knows would inure to his or her special private gain or
702 loss; that he or she knows would inure to the special private
703 gain or loss of any principal by which he or she is retained,
704 other than an agency as defined in s. 112.312; or that he or she
705 knows would inure to the special private gain or loss of a
706 relative or business associate of the public officer. Before the
707 vote is taken, such director shall publicly state to the board
708 the nature of his or her interest in the matter from which he or
709 she is abstaining from voting and, within 15 days after the vote
710 occurs, disclose the nature of his or her interest as a public
711 record in a memorandum filed with the person responsible for
712 recording the minutes of the meeting, who shall incorporate the
713 memorandum in the minutes.
714 (c) Notwithstanding s. 112.3148, s. 112.3149, or any other
715 law, an employee of the association or a director may not
716 knowingly accept, directly or indirectly, any gift or
717 expenditure from a person or an entity, or an employee or a
718 representative of such person or entity, which has a contractual
719 relationship with the association or which is under
720 consideration for a contract.
721 (d) A director who fails to comply with paragraph (b) or
722 paragraph (c) is subject to the penalties provided under ss.
723 112.317 and 112.3173.
724 Section 7. Present subsections (62) through (77) and (78)
725 of section 497.005, Florida Statutes, are redesignated as
726 subsections (63) through (78) and (80), respectively, a new
727 subsection (62) and subsection (79) are added to that section,
728 and subsections (9) and (61) of that section are amended, to
729 read:
730 497.005 Definitions.—As used in this chapter, the term:
731 (9) “Burial service” or “service” means any service offered
732 or provided in connection with the final disposition,
733 memorialization, interment, entombment, or inurnment of human
734 remains or cremated remains which is required to be offered or
735 provided by an individual or entity licensed under this chapter.
736 (61) “Preneed contract” means any arrangement or method, of
737 which the provider of funeral merchandise or services has actual
738 knowledge, whereby any person agrees to furnish funeral
739 merchandise or service in the future.
740 (62) “Preneed contract” means any arrangement or method for
741 which the provider of funeral merchandise or services receives
742 any payment in advance for funeral or burial merchandise and
743 services after the death of the contract beneficiary. The term
744 excludes a transportation protection agreement and any payments
745 received on a transportation protection agreement.
746 (79) “Transportation protection agreement” means an
747 agreement that exclusively provides or arranges for services
748 related to the preparation for the purpose of transportation and
749 subsequent transportation of human remains or cremated remains.
750 The Florida Insurance Code, as defined in s. 624.01, does not
751 apply to any transportation protection agreement sold by any
752 licensee under this chapter.
753 Section 8. Subsection (1) of section 624.1265, Florida
754 Statutes, is amended to read:
755 624.1265 Nonprofit religious organization exemption;
756 authority; notice.—
757 (1) A nonprofit religious organization is not subject to
758 the requirements of the Florida Insurance Code if the nonprofit
759 religious organization:
760 (a) Qualifies under Title 26, s. 501 of the Internal
761 Revenue Code of 1986, as amended;
762 (b) Limits its participants to those members who share a
763 common set of ethical or religious beliefs;
764 (c) Acts as a facilitator among participants who have
765 financial, physical, or medical needs to assist those with
766 financial, physical, or medical needs in accordance with
767 criteria established by the nonprofit religious organization;
768 (d) Provides for the financial or medical needs of a
769 participant through contributions from other participants, or
770 through payments directly from one participant to another
771 participant;
772 (e) Provides amounts that participants may contribute, with
773 no assumption of risk and no promise to pay:
774 1. Among the participants; or
775 2. By the nonprofit religious organization to the
776 participants;
777 (f) Provides a monthly accounting to the participants of
778 the total dollar amount of qualified needs actually shared in
779 the previous month in accordance with criteria established by
780 the nonprofit religious organization; and
781 (g) Conducts an annual audit that is performed by an
782 independent certified public accounting firm in accordance with
783 generally accepted accounting principles and that is made
784 available to the public by providing a copy upon request or by
785 posting on the nonprofit religious organization’s website; and
786 (h) Does not market or sell health plans by agents licensed
787 by the department under chapter 626.
788 Section 9. Subsection (25) of section 624.501, Florida
789 Statutes, is amended to read:
790 624.501 Filing, license, appointment, and miscellaneous
791 fees.—The department, commission, or office, as appropriate,
792 shall collect in advance, and persons so served shall pay to it
793 in advance, fees, licenses, and miscellaneous charges as
794 follows:
795 (25) Reinsurance intermediary:
796 (a) Application filing and license fee $50.00
797 (b) Original appointment and biennial renewal or
798 continuation thereof, appointment fee $60.00
799 Section 10. Subsection (5) of section 626.015, Florida
800 Statutes, is amended to read:
801 626.015 Definitions.—As used in this part:
802 (5) “Association” includes the Florida Association of
803 Insurance Agents (FAIA), the National Association of Insurance
804 and Financial Advisors (NAIFA), the National Association of
805 Benefits and Insurance Professionals Florida Chapter (NABIP
806 Florida) Florida Association of Health Underwriters (FAHU), the
807 Latin American Association of Insurance Agencies (LAAIA), the
808 Florida Association of Public Insurance Adjusters (FAPIA), the
809 Florida Bail Agents Association (FBAA), or the Professional Bail
810 Agents of the United States (PBUS).
811 Section 11. Subsection (4) of section 626.171, Florida
812 Statutes, is amended to read:
813 626.171 Application for license as an agent, customer
814 representative, adjuster, service representative, or reinsurance
815 intermediary.—
816 (4) An applicant for a license issued by the department
817 under this chapter must submit a set of the individual
818 applicant’s fingerprints, or, if the applicant is not an
819 individual, a set of the fingerprints of the sole proprietor,
820 majority owner, partners, officers, and directors, to the
821 department and must pay the fingerprint processing fee set forth
822 in s. 624.501. Fingerprints must be processed in accordance with
823 s. 624.34 and used to investigate the applicant’s qualifications
824 pursuant to s. 626.201. The fingerprints must be taken by a law
825 enforcement agency, designated examination center, or other
826 department-approved entity. The department shall require all
827 designated examination centers to have fingerprinting equipment
828 and to take fingerprints from any applicant or prospective
829 applicant who pays the applicable fee. The department may not
830 approve an application for licensure as an agent, customer
831 service representative, adjuster, service representative, or
832 reinsurance intermediary if fingerprints have not been
833 submitted.
834 Section 12. Paragraph (c) of subsection (1) of section
835 626.173, Florida Statutes, is amended to read:
836 626.173 Insurance agency closure; cancellation of
837 licenses.—
838 (1) If a licensed insurance agency permanently ceases the
839 transacting of insurance or ceases the transacting of insurance
840 for more than 30 days, the agent in charge, the director of the
841 agency, or other officer listed on the original application for
842 licensure must, within 35 days after the agency first ceases the
843 transacting of insurance, do all of the following:
844 (c) Notify all policyholders currently insured by a policy
845 written, produced, or serviced by the agency of the agency’s
846 cessation of operations; the date on which operations ceased;
847 and the identity of the agency or agent to which the agency’s
848 current book of business has been transferred or, if no transfer
849 has occurred, a statement directing the policyholder to contact
850 the insurance company for assistance in locating a licensed
851 agent to service the policy. This paragraph does not apply to
852 title insurance, life insurance, or annuity contracts.
853 Section 13. Subsection (8) of section 626.207, Florida
854 Statutes, is amended to read:
855 626.207 Disqualification of applicants and licensees;
856 penalties against licensees; rulemaking authority.—
857 (8) The department shall adopt rules establishing specific
858 penalties against licensees in accordance with ss. 626.641 and
859 626.651 for violations of s. 626.112(7) or (9), s. 626.611, s.
860 626.6115, s. 626.621, s. 626.6215, s. 626.7451, s. 626.8437, s.
861 626.844, s. 626.8695, s. 626.8697, s. 626.8698, s. 626.935, s.
862 634.181, s. 634.191, s. 634.320, s. 634.321, s. 634.422, s.
863 634.423, s. 642.041, or s. 642.043. The purpose of the
864 revocation or suspension is to provide a sufficient penalty to
865 deter future violations of the Florida Insurance Code. The
866 imposition of a revocation or the length of suspension shall be
867 based on the type of conduct and the probability that the
868 propensity to commit further illegal conduct has been overcome
869 at the time of eligibility for relicensure. The length of
870 suspension may be adjusted based on aggravating or mitigating
871 factors, established by rule and consistent with this purpose.
872 Section 14. Paragraph (j) of subsection (2) of section
873 626.221, Florida Statutes, is amended to read:
874 626.221 Examination requirement; exemptions.—
875 (2) However, an examination is not necessary for any of the
876 following:
877 (j) An applicant for license as an all-lines adjuster who
878 has the designation of Accredited Claims Adjuster (ACA) from a
879 regionally accredited postsecondary institution in this state;
880 Certified All Lines Adjuster (CALA) from Kaplan Financial
881 Education; Associate in Claims (AIC) from the Insurance
882 Institute of America; Professional Claims Adjuster (PCA) from
883 the Professional Career Institute; Professional Property
884 Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
885 Certified Adjuster (CA) from ALL LINES Training; Certified
886 Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster
887 Certified Professional (CACP) from WebCE, Inc.; Accredited
888 Insurance Claims Specialist (AICS) from Encore Claim Services;
889 Professional in Claims (PIC) from 2021 Training, LLC; or
890 Universal Claims Certification (UCC) from Claims and Litigation
891 Management Alliance (CLM) whose curriculum has been approved by
892 the department and which includes comprehensive analysis of
893 basic property and casualty lines of insurance and testing at
894 least equal to that of standard department testing for the all
895 lines adjuster license. The department shall adopt rules
896 establishing standards for the approval of curriculum.
897 Section 15. Paragraphs (c) and (f) of subsection (3) of
898 section 626.2815, Florida Statutes, are amended to read:
899 626.2815 Continuing education requirements.—
900 (3) Each licensee except a title insurance agent must
901 complete a 4-hour update course every 2 years which is specific
902 to the license held by the licensee. The course must be
903 developed and offered by providers and approved by the
904 department. The content of the course must address all lines of
905 insurance for which examination and licensure are required and
906 include the following subject areas: insurance law updates,
907 ethics for insurance professionals, disciplinary trends and case
908 studies, industry trends, premium discounts, determining
909 suitability of products and services, and other similar
910 insurance-related topics the department determines are relevant
911 to legally and ethically carrying out the responsibilities of
912 the license granted. A licensee who holds multiple insurance
913 licenses must complete an update course that is specific to at
914 least one of the licenses held. Except as otherwise specified,
915 any remaining required hours of continuing education are
916 elective and may consist of any continuing education course
917 approved by the department under this section.
918 (c) A licensee who has been licensed for 25 years or more
919 and is a CLU or a CPCU or has a Bachelor of Science degree or
920 higher in risk management or insurance with evidence of 18 or
921 more semester hours in insurance-related courses must also
922 complete a minimum of 6 hours of elective continuing education
923 courses every 2 years.
924 (f) Elective continuing education courses for public
925 adjusters may must be any course related to commercial and
926 residential property coverages, claim adjusting practices, and
927 any other adjuster elective courses specifically designed for
928 public adjusters and approved by the department. Notwithstanding
929 this subsection, public adjusters for workers’ compensation
930 insurance or health insurance are not required to take
931 continuing education courses pursuant to this section.
932 Section 16. Paragraphs (a), (b), and (e) of subsection (1)
933 of section 626.321, Florida Statutes, are amended, and paragraph
934 (i) is added to that subsection, to read:
935 626.321 Limited licenses and registration.—
936 (1) The department shall issue to a qualified applicant a
937 license as agent authorized to transact a limited class of
938 business in any of the following categories of limited lines
939 insurance:
940 (a) Motor vehicle physical damage and mechanical breakdown
941 insurance.—License covering insurance against only the loss of
942 or damage to a motor vehicle that is designed for use upon a
943 highway, including trailers and semitrailers designed for use
944 with such vehicles. Such license also covers insurance against
945 the failure of an original or replacement part to perform any
946 function for which it was designed. A licensee under this
947 paragraph may not hold a license as an agent for any other or
948 additional kind or class of insurance coverage except a limited
949 license for credit insurance as provided in paragraph (e).
950 Effective October 1, 2012, all licensees holding such limited
951 license and appointment may renew the license and appointment,
952 but no new or additional licenses may be issued pursuant to this
953 paragraph, and a licensee whose limited license under this
954 paragraph has been terminated, suspended, or revoked may not
955 have such license reinstated.
956 (b) Industrial fire insurance or burglary insurance.
957 License covering only industrial fire insurance or burglary
958 insurance. A licensee under this paragraph may not hold a
959 license as an agent for any other or additional kind or class of
960 insurance coverage except for life insurance and health
961 insurance. Effective July 1, 2019, all licensees holding such
962 limited license and appointment may renew the license and
963 appointment, but no new or additional licenses may be issued
964 pursuant to this paragraph, and a licensee whose limited license
965 under this paragraph has been terminated, suspended, or revoked
966 may not have such license reinstated.
967 (e) Credit insurance.—License covering credit life, credit
968 disability, credit property, credit unemployment, involuntary
969 unemployment, mortgage life, mortgage guaranty, mortgage
970 disability, guaranteed automobile protection (GAP) insurance,
971 and any other form of insurance offered in connection with an
972 extension of credit which is limited to partially or wholly
973 extinguishing a credit obligation that the department determines
974 should be designated a form of limited line credit insurance.
975 Effective October 1, 2012, all valid licenses held by persons
976 for any of the lines of insurance listed in this paragraph shall
977 be converted to a credit insurance license. Licensees who wish
978 to obtain a new license reflecting such change must request a
979 duplicate license and pay a $5 fee as specified in s.
980 624.501(15). The license may be issued only to an individual
981 employed by a life or health insurer as an officer or other
982 salaried or commissioned representative, to an individual
983 employed by or associated with a lending or financial
984 institution or creditor, or to a lending or financial
985 institution or creditor, and may authorize the sale of such
986 insurance only with respect to borrowers or debtors of such
987 lending or financing institution or creditor. However, only the
988 individual or entity whose tax identification number is used in
989 receiving or is credited with receiving the commission from the
990 sale of such insurance shall be the licensed agent of the
991 insurer. No individual while so licensed shall hold a license as
992 an agent as to any other or additional kind or class of life or
993 health insurance coverage.
994 (i) Preneed funeral agreement insurance.—Limited license
995 for insurance covering only prearranged funeral, cremation, or
996 cemetery agreements, or any combination thereof, funded by
997 insurance and offered in connection with an establishment that
998 holds a preneed license pursuant to s. 497.452. Such license may
999 be issued without examination only to an individual who has
1000 filed with the department an application for a license in a form
1001 and manner prescribed by the department, who currently holds a
1002 valid preneed sales agent license pursuant to s. 497.466, who
1003 paid the applicable fees for a license as prescribed in s.
1004 624.501, who has been appointed under s. 626.112, and who paid
1005 the prescribed appointment fee under s. 624.501.
1006 Section 17. Paragraph (n) of subsection (1) of section
1007 626.611, Florida Statutes, is amended to read:
1008 626.611 Grounds for compulsory refusal, suspension, or
1009 revocation of agent’s, title agency’s, adjuster’s, customer
1010 representative’s, service representative’s, or managing general
1011 agent’s license or appointment.—
1012 (1) The department shall deny an application for, suspend,
1013 revoke, or refuse to renew or continue the license or
1014 appointment of any applicant, agent, title agency, adjuster,
1015 customer representative, service representative, or managing
1016 general agent, and it shall suspend or revoke the eligibility to
1017 hold a license or appointment of any such person, if it finds
1018 that as to the applicant, licensee, or appointee any one or more
1019 of the following applicable grounds exist:
1020 (n) Having been found guilty of or having pleaded guilty or
1021 nolo contendere to a misdemeanor directly related to the
1022 financial services business, any felony, or any a crime
1023 punishable by imprisonment of 1 year or more under the law of
1024 the United States of America or of any state thereof or under
1025 the law of any other country, without regard to whether a
1026 judgment of conviction has been entered by the court having
1027 jurisdiction of such cases.
1028 Section 18. Subsection (18) is added to section 626.621,
1029 Florida Statutes, to read:
1030 626.621 Grounds for discretionary refusal, suspension, or
1031 revocation of agent’s, adjuster’s, customer representative’s,
1032 service representative’s, or managing general agent’s license or
1033 appointment.—The department may, in its discretion, deny an
1034 application for, suspend, revoke, or refuse to renew or continue
1035 the license or appointment of any applicant, agent, adjuster,
1036 customer representative, service representative, or managing
1037 general agent, and it may suspend or revoke the eligibility to
1038 hold a license or appointment of any such person, if it finds
1039 that as to the applicant, licensee, or appointee any one or more
1040 of the following applicable grounds exist under circumstances
1041 for which such denial, suspension, revocation, or refusal is not
1042 mandatory under s. 626.611:
1043 (18) Cancellation of the applicant’s, licensee’s, or
1044 appointee’s resident license in a state other than Florida.
1045 Section 19. Paragraphs (d) and (g) of subsection (2) and
1046 paragraphs (a), (b), and (e) through (j) of subsection (3) of
1047 section 626.7492, Florida Statutes, are amended to read:
1048 626.7492 Reinsurance intermediaries.—
1049 (2) DEFINITIONS.—As used in this section:
1050 (d) “Producer” means a licensed an agent, broker, or
1051 insurance agency that is appointed as a reinsurance intermediary
1052 licensed pursuant to the applicable provision of the Florida
1053 Insurance Code.
1054 (g) “Reinsurance intermediary manager” means any person who
1055 has authority to bind, or manages all or part of, the assumed
1056 reinsurance business of a reinsurer, including the management of
1057 a separate division, department, or underwriting office, and
1058 acts as a representative an agent for the reinsurer whether
1059 known as a reinsurance intermediary manager, manager, or other
1060 similar term. Notwithstanding the above, none of the following
1061 persons is a reinsurance intermediary manager with respect to
1062 the reinsurer for the purposes of this section:
1063 1. An employee of the reinsurer.;
1064 2. A manager of the United States branch of an alien
1065 reinsurer.;
1066 3. An underwriting manager which, pursuant to contract,
1067 manages all the reinsurance operations of the reinsurer, is
1068 under common control with the reinsurer, subject to the holding
1069 company act, and whose compensation is not based on the volume
1070 of premiums written.
1071 4. The manager of a group, association, pool, or
1072 organization of insurers which engage in joint underwriting or
1073 joint reinsurance and who are subject to examination by the
1074 insurance regulatory authority of the state in which the
1075 manager’s principal business office is located.
1076 (3) LICENSURE.—
1077 (a) No person shall act as a reinsurance intermediary
1078 broker in this state if the reinsurance intermediary broker
1079 maintains an office either directly or as a member or employee
1080 of a firm or association, or an officer, director, or employee
1081 of a corporation:
1082 1. In this state, unless the reinsurance intermediary
1083 broker is a licensed producer in this state; or
1084 2. In another state, unless the reinsurance intermediary
1085 broker is a licensed producer in this state or in another state
1086 having a law substantially similar to this section or the
1087 reinsurance intermediary broker is licensed in this state as an
1088 insurance agency and appointed as a nonresident reinsurance
1089 intermediary.
1090 (b) No person shall act as a reinsurance intermediary
1091 manager:
1092 1. For a reinsurer domiciled in this state, unless the
1093 reinsurance intermediary manager is a licensed producer in this
1094 state;
1095 2. In this state, if the reinsurance intermediary manager
1096 maintains an office either directly or as a member or employee
1097 of a firm or association, or an officer, director, or employee
1098 of a corporation in this state, unless the reinsurance
1099 intermediary manager is a licensed producer in this state;
1100 3. In another state for a nondomestic insurer, unless the
1101 reinsurance intermediary manager is a licensed producer in this
1102 state or another state having a law substantially similar to
1103 this section, or the person is licensed in this state as a
1104 producer nonresident reinsurance intermediary.
1105 (e) If the applicant for a reinsurance intermediary
1106 appointment license is a nonresident, the applicant, as a
1107 condition precedent to receiving or holding an appointment a
1108 license, must designate the Chief Financial Officer as agent for
1109 service of process in the manner, and with the same legal
1110 effect, provided for by this section for designation of service
1111 of process upon unauthorized insurers. Such applicant shall also
1112 furnish the department with the name and address of a resident
1113 of this state upon whom notices or orders of the department or
1114 process affecting the nonresident reinsurance intermediary may
1115 be served. The licensee shall promptly notify the department in
1116 writing of each change in its designated agent for service of
1117 process, and the change shall not become effective until
1118 acknowledged by the department.
1119 (f) The department may refuse to issue a reinsurance
1120 intermediary license if, in its judgment, the applicant, anyone
1121 named on the application, or any member, principal, officer, or
1122 director of the applicant, has demonstrated a lack of fitness
1123 and trustworthiness, or that any controlling person of the
1124 applicant is not fit or trustworthy to act as a reinsurance
1125 intermediary, or that any of the foregoing has given cause for
1126 revocation or suspension of the license, or has failed to comply
1127 with any prerequisite for the issuance of the license.
1128 (g) Reinsurance intermediaries shall be licensed,
1129 appointed, renewed, continued, reinstated, or terminated as
1130 prescribed in this chapter for insurance representatives in
1131 general, except that they shall be exempt from the photo,
1132 education, and examination provisions. License, Appointment, and
1133 other fees shall be those prescribed in s. 624.501.
1134 (g)(h) The grounds and procedures for refusal of an a
1135 license or appointment or suspension or revocation of a license
1136 or appointment issued to a reinsurance intermediary under this
1137 section are as set forth in ss. 626.611-626.691 for insurance
1138 representatives in general.
1139 (h)(i) An attorney licensed in this state, when acting in a
1140 professional capacity, is exempt from this subsection.
1141 (i)(j) The department may develop necessary rules to carry
1142 out this section.
1143 Section 20. Subsection (5) of section 626.752, Florida
1144 Statutes, is amended to read:
1145 626.752 Exchange of business.—
1146 (5) Within 15 days after the last day of each month, any
1147 insurer accepting business under this section shall report to
1148 the department the name, address, telephone number, and social
1149 security number of each agent from which the insurer received
1150 more than four personal lines risks during the calendar year,
1151 except for risks being removed from the Citizens Property
1152 Insurance Corporation and placed with that insurer by a
1153 brokering agent. Once the insurer has reported pursuant to this
1154 subsection an agent’s name to the department, additional reports
1155 on the same agent shall not be required. However, the fee set
1156 forth in s. 624.501 must be paid for the agent by the insurer
1157 for each year until the insurer notifies the department that the
1158 insurer is no longer accepting business from the agent pursuant
1159 to this section. The insurer may require that the agent
1160 reimburse the insurer for the fee. If the insurer or employer
1161 does not pay the fees and taxes due pursuant to this subsection
1162 within 21 days after notice by the department, the department
1163 must suspend the insurer’s or employer’s authority to appoint
1164 licensees until all outstanding fees and taxes have been paid.
1165 Section 21. Subsection (3) of section 626.785, Florida
1166 Statutes, is amended to read:
1167 626.785 Qualifications for license.—
1168 (3) Notwithstanding any other provisions of this chapter, a
1169 funeral director, a direct disposer, or an employee of a funeral
1170 establishment that holds a preneed license pursuant to s.
1171 497.452 may obtain an agent’s license or a limited license to
1172 sell only policies of life insurance covering the expense of a
1173 prearrangement for funeral services or merchandise so as to
1174 provide funds at the time the services and merchandise are
1175 needed. The face amount of insurance covered by any such policy
1176 shall not exceed $21,000, plus an annual percentage increase
1177 based on the Annual Consumer Price Index compiled by the United
1178 States Department of Labor, beginning with the Annual Consumer
1179 Price Index announced by the United States Department of Labor
1180 for 2016.
1181 Section 22. Subsection (4) of section 626.793, Florida
1182 Statutes, is amended to read:
1183 626.793 Excess or rejected business.—
1184 (4) Within 15 days after the last day of each month, any
1185 insurer accepting business under this section shall report to
1186 the department the name, address, telephone number, and social
1187 security number of each agent from which the insurer received
1188 more than four risks during the calendar year. Once the insurer
1189 has reported an agent’s name to the department pursuant to this
1190 subsection, additional reports on the same agent shall not be
1191 required. However, the fee set forth in s. 624.501 must be paid
1192 for the agent by the insurer for each year until the insurer
1193 notifies the department that the insurer is no longer accepting
1194 business from the agent pursuant to this section. The insurer
1195 may require that the agent reimburse the insurer for the fee. If
1196 the insurer or employer does not pay the fees and taxes due
1197 pursuant to this subsection within 21 days after notice by the
1198 department, the department must suspend the insurer’s or
1199 employer’s authority to appoint licensees until all outstanding
1200 fees and taxes have been paid.
1201 Section 23. Subsection (5) of section 626.837, Florida
1202 Statutes, is amended to read:
1203 626.837 Excess or rejected business.—
1204 (5) Within 15 days after the last day of each month, any
1205 insurer accepting business under this section shall report to
1206 the department the name, address, telephone number, and social
1207 security number of each agent from which the insurer received
1208 more than four risks during the calendar year. Once the insurer
1209 has reported pursuant to this subsection an agent’s name to the
1210 department, additional reports on the same agent shall not be
1211 required. However, the fee set forth in s. 624.501 must be paid
1212 for the agent by the insurer for each year until the insurer
1213 notifies the department that the insurer is no longer accepting
1214 business from the agent pursuant to this section. The insurer
1215 may require that the agent reimburse the insurer for the fee. If
1216 the insurer or employer does not pay the fees and taxes due
1217 pursuant to this subsection within 21 days after notice by the
1218 department, the department must suspend the insurer’s or
1219 employer’s authority to appoint licensees until all outstanding
1220 fees and taxes have been paid.
1221 Section 24. Paragraph (e) is added to subsection (2) of
1222 section 626.8411, Florida Statutes, to read:
1223 626.8411 Application of Florida Insurance Code provisions
1224 to title insurance agents or agencies.—
1225 (2) The following provisions of part I do not apply to
1226 title insurance agents or title insurance agencies:
1227 (e) Section 626.173(1)(c), relating to notifying
1228 policyholders of the agency closure.
1229 Section 25. Present subsections (8) through (11) of section
1230 626.8437, Florida Statutes, are redesignated as subsections (9)
1231 through (12), respectively, and a new subsection (8) and
1232 subsection (13) are added to that section, to read:
1233 626.8437 Grounds for denial, suspension, revocation, or
1234 refusal to renew license or appointment.—The department shall
1235 deny, suspend, revoke, or refuse to renew or continue the
1236 license or appointment of any title insurance agent or agency,
1237 and it shall suspend or revoke the eligibility to hold a license
1238 or appointment of such person, if it finds that as to the
1239 applicant, licensee, appointee, or any principal thereof, any
1240 one or more of the following grounds exist:
1241 (8) Misappropriation, conversion, or improper withholding
1242 of funds not legally entitled thereto and which are received in
1243 a fiduciary capacity and held as part of an escrow agreement,
1244 real estate sales contract, or as provided on a settlement
1245 statement in a real estate transaction.
1246 (13) Revocation or cancellation of a licensee’s resident
1247 license in a jurisdiction other than this state.
1248 Section 26. Subsections (7) and (8) are added to section
1249 626.844, Florida Statutes, to read:
1250 626.844 Grounds for discretionary refusal, suspension, or
1251 revocation of license or appointment.—The department may, in its
1252 discretion, deny, suspend, revoke, or refuse to renew or
1253 continue the license or appointment of any title insurance agent
1254 or agency, and it may suspend or revoke the eligibility to hold
1255 a license or appointment of any such title insurance agent or
1256 agency if it finds that as to the applicant or licensee or
1257 appointee, or any principal thereof, any one or more of the
1258 following grounds exist under circumstances for which such
1259 denial, suspension, revocation, or refusal is not mandatory
1260 under s. 626.8437:
1261 (7) Having been the subject of, or having had a license,
1262 permit, appointment, registration, or other authority to conduct
1263 business subject to, any decision, finding, injunction,
1264 suspension, prohibition, revocation, denial, judgment, final
1265 agency action, or administrative order by any court of competent
1266 jurisdiction, administrative law proceeding, state agency,
1267 federal agency, national securities, commodities, or option
1268 exchange, or national securities, commodities, or option
1269 association involving a violation of any federal or state
1270 securities or commodities law or any rule or regulation adopted
1271 thereunder, or a violation of any rule or regulation of any
1272 national securities, commodities, or options exchange or
1273 national securities, commodities, or options association.
1274 (8) Revocation or cancellation of a licensee’s resident
1275 license in a jurisdiction other than this state.
1276 Section 27. Section 626.8473, Florida Statutes, is amended
1277 to read:
1278 626.8473 Escrow; trust fund.—
1279 (1) A title insurance agency agent may engage in business
1280 as an escrow agent as to funds received from others to be
1281 subsequently disbursed by the title insurance agent in
1282 connection with real estate closing transactions involving the
1283 issuance of title insurance binders, commitments, policies of
1284 title insurance, or guarantees of title, provided that a
1285 licensed and appointed title insurance agency agent complies
1286 with the requirements of s. 626.8419 s. 626.8417, including such
1287 requirements added after the initial licensure of the agency
1288 agent.
1289 (2) All funds received by a title insurance agency agent as
1290 described in subsection (1) shall be trust funds received in a
1291 fiduciary capacity by the title insurance agency agent and shall
1292 be the property of the person or persons entitled thereto.
1293 (3) All funds received by a title insurance agency agent to
1294 be held in trust shall be immediately placed in a financial
1295 institution that is located within this state and is a member of
1296 the Federal Deposit Insurance Corporation or the National Credit
1297 Union Share Insurance Fund. These funds shall be invested in an
1298 escrow account in accordance with the investment requirements
1299 and standards established for deposits and investments of state
1300 funds in s. 17.57, where the funds shall be kept until
1301 disbursement thereof is properly authorized.
1302 (4) Funds required to be maintained in escrow trust
1303 accounts pursuant to this section shall not be subject to any
1304 debts of the title insurance agency agent and shall be used only
1305 in accordance with the terms of the individual, escrow,
1306 settlement, or closing instructions under which the funds were
1307 accepted.
1308 (5) The title insurance agency agents shall maintain
1309 separate records of all receipts and disbursements of escrow,
1310 settlement, or closing funds.
1311 (6) In the event that the department promulgates rules
1312 necessary to implement the requirements of this section pursuant
1313 to s. 624.308, the department shall consider reasonable
1314 standards necessary for the protection of funds held in trust,
1315 including, but not limited to, standards for accounting of
1316 funds, standards for receipt and disbursement of funds, and
1317 protection for the person or persons to whom the funds are to be
1318 disbursed.
1319 (7) A title insurance agency agent, or any officer,
1320 director, or employee thereof, or any person associated
1321 therewith as an independent contractor for bookkeeping or
1322 similar purposes, who converts or misappropriates funds received
1323 or held in escrow or in trust by such title insurance agency
1324 agent, or any person who knowingly receives or conspires to
1325 receive such funds, commits:
1326 (a) If the funds converted or misappropriated are $300 or
1327 less, a misdemeanor of the first degree, punishable as provided
1328 in s. 775.082 or s. 775.083.
1329 (b) If the funds converted or misappropriated are more than
1330 $300, but less than $20,000, a felony of the third degree,
1331 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1332 (c) If the funds converted or misappropriated are $20,000
1333 or more, but less than $100,000, a felony of the second degree,
1334 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1335 (d) If the funds converted or misappropriated are $100,000
1336 or more, a felony of the first degree, punishable as provided in
1337 s. 775.082, s. 775.083, or s. 775.084.
1338 (8) An attorney shall deposit and maintain all funds
1339 received in connection with transactions in which the attorney
1340 is serving as a title or real estate settlement agent into a
1341 separate trust account that is maintained exclusively for funds
1342 received in connection with such transactions and permit the
1343 account to be audited by its title insurers, unless maintaining
1344 funds in the separate account for a particular client would
1345 violate applicable rules of The Florida Bar.
1346 Section 28. Subsection (19) of section 626.854, Florida
1347 Statutes, is amended to read:
1348 626.854 “Public adjuster” defined; prohibitions.—The
1349 Legislature finds that it is necessary for the protection of the
1350 public to regulate public insurance adjusters and to prevent the
1351 unauthorized practice of law.
1352 (19) Except as otherwise provided in this chapter, no
1353 person, except an attorney at law or a licensed and appointed
1354 public adjuster, may for money, commission, or any other thing
1355 of value, directly or indirectly:
1356 (a) Prepare, complete, or file an insurance claim for an
1357 insured or a third-party claimant;
1358 (b) Act on behalf of or aid an insured or a third-party
1359 claimant in negotiating for or effecting the settlement of a
1360 claim for loss or damage covered by an insurance contract;
1361 (c) Offer to initiate or negotiate a claim on behalf of an
1362 insured;
1363 (d) Advertise services that require a license as a public
1364 adjuster; or
1365 (e) Solicit, investigate, or adjust a claim on behalf of a
1366 public adjuster, an insured, or a third-party claimant.
1367 Section 29. Section 626.874, Florida Statutes, is amended
1368 to read:
1369 626.874 Catastrophe or emergency adjusters.—
1370 (1) In the event of a catastrophe or emergency, the
1371 department may issue a license, for the purposes and under the
1372 conditions and for the period of emergency as it shall
1373 determine, to persons who are residents or nonresidents of this
1374 state, who are at least 18 years of age, who are United States
1375 citizens or legal aliens who possess work authorization from the
1376 United States Bureau of Citizenship and Immigration Services,
1377 and who are not licensed adjusters under this part but who have
1378 been designated and certified to it as qualified to act as
1379 adjusters by an authorized insurer to adjust claims, losses, or
1380 damages under policies or contracts of insurance issued by such
1381 insurers, or by a licensed the primary adjuster of an
1382 independent adjusting firm contracted with an authorized insurer
1383 to adjust claims on behalf of the insurer. The fee for the
1384 license is as provided in s. 624.501(12)(c).
1385 (2) If any person not a licensed adjuster who has been
1386 permitted to adjust such losses, claims, or damages under the
1387 conditions and circumstances set forth in subsection (1),
1388 engages in any of the misconduct described in or contemplated by
1389 chapter 626 ss. 626.611 and 626.621, the department, without
1390 notice and hearing, shall be authorized to issue its order
1391 denying such person the privileges granted under this section;
1392 and thereafter it shall be unlawful for any such person to
1393 adjust any such losses, claims, or damages in this state.
1394 Section 30. Subsection (2) of section 626.9892, Florida
1395 Statutes, is amended to read:
1396 626.9892 Anti-Fraud Reward Program; reporting of insurance
1397 fraud.—
1398 (2) The department may pay rewards of up to $25,000 to
1399 persons providing information leading to the arrest and
1400 conviction of persons committing crimes investigated by the
1401 department arising from violations of s. 400.9935, s. 440.105,
1402 s. 624.15, s. 626.112, s. 626.8473, s. 626.8738, s. 626.9541, s.
1403 626.989, s. 790.164, s. 790.165, s. 790.166, s. 806.01, s.
1404 806.031, s. 806.10, s. 806.111, s. 812.014, s. 817.034, s.
1405 817.233, or s. 817.234, s. 817.236, s. 817.2361, s. 817.505, s.
1406 817.568, s. 831.01, s. 895.03, s. 895.04, or s. 896.101.
1407 Section 31. Present subsections (7) through (12) of section
1408 626.9957, Florida Statutes, are redesignated as subsections (8)
1409 through (13), respectively, and a new subsection (7) is added to
1410 that section, to read:
1411 626.9957 Conduct prohibited; denial, revocation,
1412 termination, expiration, or suspension of registration.—
1413 (7) If a navigator registered under this part fails to
1414 maintain an active, valid navigator’s registration status with
1415 the Federal Government or an exchange, the navigator’s
1416 registration issued under this part shall expire by operation of
1417 law. A navigator with an expired registration may not be granted
1418 subsequent registration until the navigator qualifies as a
1419 first-time applicant.
1420 Section 32. Paragraph (c) of subsection (4) of section
1421 627.351, Florida Statutes, is amended to read:
1422 627.351 Insurance risk apportionment plans.—
1423 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.—
1424 (c) The Joint Underwriting Association shall operate
1425 subject to the supervision and approval of a board of governors
1426 consisting of representatives of five of the insurers
1427 participating in the Joint Underwriting Association, an attorney
1428 named by The Florida Bar, a physician named by the Florida
1429 Medical Association, a dentist named by the Florida Dental
1430 Association, and a hospital representative named by the Florida
1431 Hospital Association. The Chief Financial Officer shall select
1432 the representatives of the five insurers or other persons with
1433 experience in medical malpractice insurance as determined by the
1434 Chief Financial Officer. These appointments are deemed to be
1435 within the scope of the exemption provided in s. 112.313(7)(b).
1436 One insurer representative shall be selected from
1437 recommendations of the American Insurance Association. One
1438 insurer representative shall be selected from recommendations of
1439 the Property Casualty Insurers Association of America. One
1440 insurer representative shall be selected from recommendations of
1441 the Florida Insurance Council. Two insurer representatives shall
1442 be selected to represent insurers that are not affiliated with
1443 these associations. Vacancies on the board shall be filled for
1444 the remaining period of the term in the same manner as the
1445 initial appointments. During the first meeting of the board
1446 after June 30 of each year, the board shall choose one of its
1447 members to serve as chair of the board and another member to
1448 serve as vice chair of the board. There is no liability on the
1449 part of, and no cause of action shall arise against, any member
1450 insurer, self-insurer, or its agents or employees, the Joint
1451 Underwriting Association or its agents or employees, members of
1452 the board of governors, or the office or its representatives for
1453 any action taken by them in the performance of their powers and
1454 duties under this subsection.
1455 1. The Chief Financial Officer may remove a board member
1456 from office for misconduct, malfeasance, misfeasance, or neglect
1457 of duty. Any vacancy so created shall be filled as provided in
1458 this paragraph.
1459 2. Board members are subject to the code of ethics under
1460 part III of chapter 112, including, but not limited to, the code
1461 of ethics and public disclosure and reporting of financial
1462 interests, pursuant to s. 112.3145. For purposes of applying
1463 part III of chapter 112 to activities of members of the board of
1464 governors, those persons are considered public officers and the
1465 Joint Underwriting Association is considered their agency.
1466 Notwithstanding s. 112.3143(2), a board member may not vote on
1467 any measure that he or she knows would inure to his or her
1468 special private gain or loss; that he or she knows would inure
1469 to the special private gain or loss of any principal by which he
1470 or she is retained, other than an agency as defined in s.
1471 112.312; or that he or she knows would inure to the special
1472 private gain or loss of a relative or business associate of the
1473 public officer. Before the vote is taken, such board member
1474 shall publicly state to the board the nature of his or her
1475 interest in the matter from which he or she is abstaining from
1476 voting and, within 15 days after the vote occurs, disclose the
1477 nature of his or her interest as a public record in a memorandum
1478 filed with the person responsible for recording the minutes of
1479 the meeting, who shall incorporate the memorandum in the
1480 minutes.
1481 3. Notwithstanding s. 112.3148, s. 112.3149, or any other
1482 law, a board member may not knowingly accept, directly or
1483 indirectly, any gift or expenditure from a person or entity, or
1484 an employee or representative of such person or entity, which
1485 has a contractual relationship with the Joint Underwriting
1486 Association or which is under consideration for a contract.
1487 4. A board member who fails to comply with subparagraph 2.
1488 or subparagraph 3. is subject to the penalties provided under
1489 ss. 112.317 and 112.3173.
1490 Section 33. Section 627.4215, Florida Statutes, is amended
1491 to read:
1492 627.4215 Disclosures to policyholders; coverage of
1493 behavioral health care services.—
1494 (1) A health insurer that offers behavioral health
1495 insurance coverages required by federal or state law shall make
1496 all of the following information available on its website:
1497 (a) The federal and state requirements for coverage of
1498 behavioral health care services.
1499 (b) Contact information for the Division of Consumer
1500 Services of the department, including a hyperlink, for consumers
1501 to submit inquiries or complaints relating to health insurer
1502 products or services regulated by the department or the office.
1503 (2) On an annual basis, a health insurer that offers
1504 behavioral health insurance coverage required by federal or
1505 state law shall provide a direct notice to insureds with
1506 behavioral health insurance coverages required by federal or
1507 state law which must include a description of the federal and
1508 state requirements for coverage of behavioral health care
1509 services. Such notice must also include the website address and
1510 statewide toll-free telephone number of the Division of Consumer
1511 Services of the department for receiving and logging complaints.
1512 Section 34. Subsections (2) and (3) of section 627.7015,
1513 Florida Statutes, are amended to read:
1514 627.7015 Alternative procedure for resolution of disputed
1515 property insurance claims.—
1516 (2) At the time of issuance and renewal of a policy or at
1517 the time a first-party claim within the scope of this section is
1518 filed by the policyholder, the insurer shall notify the
1519 policyholder of its right to participate in the mediation
1520 program under this section. A claim is not eligible for
1521 mediation until an insurer has made a claim determination or
1522 elected to repair pursuant to s. 627.70131. The department shall
1523 prepare a consumer information pamphlet for distribution to
1524 persons participating in mediation.
1525 (3) The costs of mediation must be reasonable, and the
1526 insurer must bear all of the cost of conducting mediation
1527 conferences, except as otherwise provided in this section. If a
1528 policyholder fails to appear at the conference, the conference
1529 must be rescheduled upon the policyholder’s payment of the costs
1530 of a rescheduled conference. If the insurer fails to appear at
1531 the conference, the insurer must pay the policyholder’s actual
1532 cash expenses incurred in attending the conference if the
1533 insurer’s failure to attend was not due to a good cause
1534 acceptable to the department. An insurer will be deemed to have
1535 failed to appear if the insurer’s representative lacks authority
1536 to settle the full value of the claim. The insurer shall incur
1537 an additional fee for a rescheduled conference necessitated by
1538 the insurer’s failure to appear at a scheduled conference. The
1539 fees assessed by the department administrator must include a
1540 charge necessary to defray the expenses of the department
1541 related to its duties under this section and must be deposited
1542 in the Insurance Regulatory Trust Fund. The department may
1543 suspend the insurer’s authority to appoint licensees if the
1544 insurer does not timely pay the required fees.
1545 Section 35. Subsection (18) is added to section 627.7074,
1546 Florida Statutes, to read:
1547 627.7074 Alternative procedure for resolution of disputed
1548 sinkhole insurance claims.—
1549 (18) The department may designate, by means of a written
1550 contract or agreement, an entity or a person to serve as
1551 administrator to carry out any of the provisions of this
1552 section.
1553 Section 36. Section 627.745, Florida Statutes, is amended
1554 to read:
1555 627.745 Mediation of claims.—
1556 (1)(a) In any claim filed with an insurer for personal
1557 injury in an amount of $10,000 or less or any claim for property
1558 damage in any amount, arising out of the ownership, operation,
1559 use, or maintenance of a motor vehicle, either party may demand
1560 mediation of the claim prior to the institution of litigation.
1561 (b) The costs of mediation must be reasonable, and the
1562 insurer must bear all of the cost of conducting mediation
1563 conferences, except as otherwise provided in this section. If a
1564 policyholder fails to appear at the conference, the conference
1565 must be rescheduled upon the policyholder’s payment of the costs
1566 of a rescheduled conference. If the insurer fails to appear at
1567 the conference, the insurer must pay the policyholder’s actual
1568 cash expenses incurred in attending the conference if the
1569 insurer’s failure to attend was not due to a good cause
1570 acceptable to the department. An insurer is deemed to have
1571 failed to appear if the insurer’s representative lacks authority
1572 to settle the full value of the claim. The insurer shall incur
1573 an additional fee, paid to the mediator, for a rescheduled
1574 conference necessitated by the insurer’s failure to appear at a
1575 scheduled conference. The fees assessed by the department or
1576 administrator must include a charge necessary to defray the
1577 expenses of the department related to its duties under this
1578 section and must be deposited in the Insurance Regulatory Trust
1579 Fund. The department or administrator may request that the
1580 department suspend the insurer’s authority to appoint licensees
1581 if the insurer does not timely pay the per-mediation-event
1582 administrative fee. Mediation under this section is also
1583 available to litigants referred to the department by a county
1584 court or circuit court.
1585 (b) A request for mediation shall be filed with the
1586 department on a form approved by the department. The request for
1587 mediation shall state the reason for the request for mediation
1588 and the issues in dispute which are to be mediated. The filing
1589 of a request for mediation tolls the applicable time
1590 requirements for filing suit for a period of 60 days following
1591 the conclusion of the mediation process or the time prescribed
1592 in s. 95.11, whichever is later.
1593 (c) The insurance policy must specify in detail the terms
1594 and conditions for mediation of a first-party claim.
1595 (d) The mediation shall be conducted as an informal process
1596 in which formal rules of evidence and procedure need not be
1597 observed. Any party participating in a mediation must have the
1598 authority to make a binding decision. All parties must mediate
1599 in good faith.
1600 (e) The department shall randomly select mediators. Each
1601 party may once reject the mediator selected, either originally
1602 or after the opposing side has exercised its option to reject a
1603 mediator.
1604 (f) Costs of mediation shall be borne equally by both
1605 parties unless the mediator determines that one party has not
1606 mediated in good faith.
1607 (g) Only one mediation may be requested for each claim,
1608 unless all parties agree to further mediation.
1609 (2) Upon receipt of a request for mediation, the department
1610 shall refer the request to a mediator. The mediator shall notify
1611 the applicant and all interested parties, as identified by the
1612 applicant, and any other parties the mediator believes may have
1613 an interest in the mediation, of the date, time, and place of
1614 the mediation conference. The conference may be held by
1615 telephone, if feasible. The mediation conference shall be held
1616 within 45 days after the request for mediation.
1617 (2)(a)(3)(a) The department shall approve mediators to
1618 conduct mediations pursuant to this section. All mediators must
1619 file an application under oath for approval as a mediator.
1620 (b) To qualify for approval as a mediator, an individual
1621 must meet one of the following qualifications:
1622 1. Possess an active certification as a Florida Supreme
1623 Court certified circuit court mediator. A Florida Supreme Court
1624 certified circuit court mediator in a lapsed, suspended,
1625 sanctioned, or decertified status is not eligible to participate
1626 in the mediation program.
1627 2. Be an approved department mediator as of July 1, 2014,
1628 and have conducted at least one mediation on behalf of the
1629 department within 4 years immediately preceding that date.
1630 (3)(4) The department shall deny an application, or suspend
1631 or revoke its approval, of a mediator to serve in such capacity
1632 if the department finds that one or more of the following
1633 grounds exist:
1634 (a) Lack of one or more of the qualifications specified in
1635 this section for approval.
1636 (b) Material misstatement, misrepresentation, or fraud in
1637 obtaining or attempting to obtain the approval.
1638 (c) Demonstrated lack of fitness or trustworthiness to act
1639 as a mediator.
1640 (d) Fraudulent or dishonest practices in the conduct of
1641 mediation or in the conduct of business in the financial
1642 services industry.
1643 (e) Violation of any provision of this code or of a lawful
1644 order or rule of the department, violation of the Florida Rules
1645 for Certified and Court-Appointed Mediators, or aiding,
1646 instructing, or encouraging another party in committing such a
1647 violation.
1648
1649 The department may adopt rules to administer this subsection.
1650 (4) The department shall adopt by rule a motor vehicle
1651 claims insurance mediation program to be administered by the
1652 department or its designee. The department may also adopt
1653 special rules that are applicable in cases of an emergency
1654 within the state. The rules shall be modeled after practices and
1655 procedures set forth in mediation rules of procedure adopted by
1656 the Supreme Court. The rules must include:
1657 (a) Reasonable requirements for processing and scheduling
1658 of requests for mediation.
1659 (b) Provisions governing who may attend mediation
1660 conferences.
1661 (c) Selection of mediators.
1662 (d) Criteria for the conduct of mediation conferences.
1663 (e) Right to legal counsel.
1664 (5) The department must adopt rules of procedure for claims
1665 mediation, taking into consideration a system which:
1666 (a) Is fair.
1667 (b) Promotes settlement.
1668 (c) Avoids delay.
1669 (d) Is nonadversarial.
1670 (e) Uses a framework for modern mediating technique.
1671 (f) Controls of costs and expenses of mediation.
1672 (5) The department may designate an entity or person to
1673 serve as an administrator to carry out any of the provisions of
1674 this section and may take this action by means of a written
1675 contract or agreement.
1676 (6) Disclosures and information divulged in the mediation
1677 process are not admissible in any subsequent action or
1678 proceeding relating to the claim or to the cause of action
1679 giving rise to the claim. A person demanding mediation under
1680 this section may not demand or request mediation after a suit is
1681 filed relating to the same facts already mediated.
1682 Section 37. Present subsections (7) through (12) of section
1683 631.141, Florida Statutes, are redesignated as subsections (8)
1684 through (13), respectively, and a new subsection (7) is added to
1685 that section, to read:
1686 631.141 Conduct of delinquency proceeding; domestic and
1687 alien insurers.—
1688 (7) In order to preserve as much as possible the right and
1689 interest of the policyholders whose insurance policies or
1690 similar contracts are affected by the receivership proceedings,
1691 the department as a domiciliary receiver may:
1692 (a) Use the property of the estate of the insurer to
1693 transfer the insurer’s book of business, policies, or similar
1694 contracts of coverage, in whole or in part, to a solvent
1695 assuming insurer or insurers.
1696 (b) Notwithstanding s. 631.195, share records of the
1697 insurer with the prospective solvent assuming insurer or
1698 insurers, but only to the extent necessary to undertake due
1699 diligence for a transfer contemplated under this section.
1700 Section 38. Subsections (1) and (3) of section 631.252,
1701 Florida Statutes, are amended to read:
1702 631.252 Continuation of coverage.—
1703 (1) Unless another insurer, with approval of the
1704 receivership court, assumes or otherwise provides coverage for
1705 the policies of the insolvent insurer, all insurance policies or
1706 similar contracts of coverage, other than coverages defined in
1707 s. 631.713 or health maintenance organization coverage under
1708 part IV, issued by the insurer shall be canceled upon the
1709 earlier earliest to occur of the following:
1710 (a) The date of entry of the liquidation or, if the court
1711 so provides in its order, the expiration of 30 days from the
1712 date of entry of the liquidation order;
1713 (b) The normal expiration of the policy or contract
1714 coverage;
1715 (c) The replacement of the coverage by the insured, or the
1716 replacement of the policy or contract of coverage, with a policy
1717 or contract acceptable to the insured by the receiver with
1718 another insurer; or
1719 (d) The date proposed by the receiver and approved by the
1720 receivership court to cancel coverage; or
1721 (e)(d) The termination of the coverage by the insured.
1722 (3) The 30-day coverage continuation period provided in
1723 paragraph (1)(a) and s. 631.57(1)(a)1. may not be extended
1724 unless the Chief Financial Officer office determines, based on a
1725 reasonable belief, that market conditions are such that policies
1726 of residential property insurance coverage cannot be placed with
1727 an authorized insurer within 30 days and that an additional 15
1728 days is needed to place such coverage.; and Failure of actual
1729 notice to the policyholder of the insolvency of the insurer, of
1730 commencement of a delinquency proceeding, or of expiration of
1731 the extension period does not affect such expiration.
1732 Section 39. Subsection (1) of section 631.56, Florida
1733 Statutes, is amended, and subsections (5) through (8) are added
1734 to that section, to read:
1735 631.56 Board of directors.—
1736 (1) The board of directors of the association shall consist
1737 of not less than five or more than nine persons serving terms as
1738 established in the plan of operation. Three members of the board
1739 must be representatives from domestic insurers and appointed by
1740 the Chief Financial Officer. The department shall approve and
1741 appoint to the board persons recommended by the member insurers
1742 or other persons with experience in property and casualty
1743 insurance or motor vehicle insurance as determined by the Chief
1744 Financial Officer. These appointments are deemed to be within
1745 the scope of the exemption provided in s. 112.313(7)(b). In the
1746 event the department finds that any recommended person does not
1747 meet the qualifications for service on the board, the department
1748 shall request the member insurers to recommend another person.
1749 Each member shall serve for a 4-year term and may be
1750 reappointed. Vacancies on the board shall be filled for the
1751 remaining period of the term in the same manner as initial
1752 appointments.
1753 (5) The Chief Financial Officer may remove a board member
1754 from office for misconduct, malfeasance, misfeasance, or neglect
1755 of duty. Any vacancy so created shall be filled as provided in
1756 subsection (1).
1757 (6) Board members are subject to the code of ethics under
1758 part III of chapter 112, including, but not limited to, the code
1759 of ethics and public disclosure and reporting of financial
1760 interests, pursuant to s. 112.3145. For purposes of applying
1761 part III of chapter 112 to activities of members of the board of
1762 directors, those persons are considered public officers and the
1763 association is considered their agency. Notwithstanding s.
1764 112.3143(2), a board member may not vote on any measure that he
1765 or she knows would inure to his or her special private gain or
1766 loss; that he or she knows would inure to the special private
1767 gain or loss of any principal by which he or she is retained,
1768 other than an agency as defined in s. 112.312; or that he or she
1769 knows would inure to the special private gain or loss of a
1770 relative or business associate of the public officer. Before the
1771 vote is taken, such member shall publicly state to the board the
1772 nature of his or her interest in the matter from which he or she
1773 is abstaining from voting and, within 15 days after the vote
1774 occurs, disclose the nature of his or her interest as a public
1775 record in a memorandum filed with the person responsible for
1776 recording the minutes of the meeting, who shall incorporate the
1777 memorandum in the minutes.
1778 (7) Notwithstanding s. 112.3148, s. 112.3149, or any other
1779 law, a board member may not knowingly accept, directly or
1780 indirectly, any gift or expenditure from a person or entity, or
1781 an employee or representative of such person or entity, which
1782 has a contractual relationship with the association or which is
1783 under consideration for a contract.
1784 (8) A board member who fails to comply with subsection (6)
1785 or subsection (7) is subject to the penalties provided under ss.
1786 112.317 and 112.3173.
1787 Section 40. Paragraph (a) of subsection (1) of section
1788 631.716, Florida Statutes, is amended, and subsections (4)
1789 through (7) are added to that section, to read:
1790 631.716 Board of directors.—
1791 (1)(a) The board of directors of the association shall have
1792 at least 9, but no more than 11, members. The members shall
1793 consist be comprised of member insurers serving terms as
1794 established in the plan of operation and 1 Florida Health
1795 Maintenance Organization Consumer Assistance Plan director
1796 confirmed pursuant to paragraph (b), or other persons with
1797 experience in life and annuity or accident and health insurance
1798 as determined by the Chief Financial Officer. These appointments
1799 are deemed to be within the scope of the exemption provided in
1800 s. 112.313(7)(b). At all times, at least 1 member of the board
1801 member must be a domestic insurer as defined in s. 624.06(1).
1802 The members of the board members who are member insurers shall
1803 be elected by member insurers, subject to the approval of the
1804 department. Each board member shall serve for a 4-year term and
1805 may be reappointed.
1806 (4) The Chief Financial Officer may remove a board member
1807 from office for misconduct, malfeasance, misfeasance, or neglect
1808 of duty. Any vacancy so created shall be filled as provided in
1809 subsection (1).
1810 (5) Board members are subject to the code of ethics under
1811 part III of chapter 112, including, but not limited to, the code
1812 of ethics and public disclosure and reporting of financial
1813 interests, pursuant to s. 112.3145. For purposes of applying
1814 part III of chapter 112 to activities of members of the board of
1815 directors, those persons are considered public officers and the
1816 association is considered their agency. Notwithstanding s.
1817 112.3143(2), a board member may not vote on any measure that he
1818 or she knows would inure to his or her special private gain or
1819 loss; that he or she knows would inure to the special private
1820 gain or loss of any principal by which he or she is retained,
1821 other than an agency as defined in s. 112.312; or that he or she
1822 knows would inure to the special private gain or loss of a
1823 relative or business associate of the public officer. Before the
1824 vote is taken, such member shall publicly state to the board the
1825 nature of his or her interest in the matter from which he or she
1826 is abstaining from voting and, within 15 days after the vote
1827 occurs, disclose the nature of his or her interest as a public
1828 record in a memorandum filed with the person responsible for
1829 recording the minutes of the meeting, who shall incorporate the
1830 memorandum in the minutes.
1831 (6) Notwithstanding s. 112.3148, s. 112.3149, or any other
1832 law, a board member may not knowingly accept, directly or
1833 indirectly, any gift or expenditure from a person or entity, or
1834 an employee or representative of such person or entity, which
1835 has a contractual relationship with the association or which is
1836 under consideration for a contract.
1837 (7) A board member who fails to comply with subsection (5)
1838 or subsection (6) is subject to the penalties provided under ss.
1839 112.317 and 112.3173.
1840 Section 41. Subsection (1) of section 631.816, Florida
1841 Statutes, is amended, and subsections (8) through (11) are added
1842 to that section, to read:
1843 631.816 Board of directors.—
1844 (1) The board of directors of the plan shall consist of not
1845 less than five or more than nine persons serving terms as
1846 established in the plan of operation. The department shall
1847 approve and appoint to the board persons recommended by the
1848 member HMOs or other persons with experience in health insurance
1849 as determined by the Chief Financial Officer. These appointments
1850 are deemed to be within the scope of the exemption provided in
1851 s. 112.313(7)(b). In the event the department finds that any
1852 recommended person does not meet the qualifications for service
1853 on the board, the department shall request the member HMOs to
1854 recommend another person. Each member shall serve for a 4-year
1855 term and may be reappointed, except that terms may be staggered
1856 as defined in the plan of operation. Vacancies on the board
1857 shall be filled for the remaining period of the term in the same
1858 manner as initial appointments. In determining voting rights,
1859 each HMO is entitled to vote on the basis of cumulative weighted
1860 voting based on the net written premium for non-Medicare and
1861 non-Medicaid policies.
1862 (8) The Chief Financial Officer may remove a board member
1863 from office for misconduct, malfeasance, misfeasance, or neglect
1864 of duty. Any vacancy so created shall be filled as provided in
1865 subsection (1).
1866 (9) Board members are subject to the code of ethics under
1867 part III of chapter 112, including, but not limited to, the code
1868 of ethics and public disclosure and reporting of financial
1869 interests, pursuant to s. 112.3145. For purposes of applying
1870 part III of chapter 112 to activities of members of the board of
1871 directors, those persons are considered public officers and the
1872 plan is considered their agency. Notwithstanding s. 112.3143(2),
1873 a board member may not vote on any measure that he or she knows
1874 would inure to his or her special private gain or loss; that he
1875 or she knows would inure to the special private gain or loss of
1876 any principal by which he or she is retained, other than an
1877 agency as defined in s. 112.312; or that he or she knows would
1878 inure to the special private gain or loss of a relative or
1879 business associate of the public officer. Before the vote is
1880 taken, such member shall publicly state to the board the nature
1881 of his or her interest in the matter from which he or she is
1882 abstaining from voting and, within 15 days after the vote
1883 occurs, disclose the nature of his or her interest as a public
1884 record in a memorandum filed with the person responsible for
1885 recording the minutes of the meeting, who shall incorporate the
1886 memorandum in the minutes.
1887 (10) Notwithstanding s. 112.3148, s. 112.3149, or any other
1888 law, a board member may not knowingly accept, directly or
1889 indirectly, any gift or expenditure from a person or entity, or
1890 an employee or representative of such person or entity, which
1891 has a contractual relationship with the plan or which is under
1892 consideration for a contract.
1893 (11) A board member who fails to comply with subsection (9)
1894 or subsection (10) is subject to the penalties provided under
1895 ss. 112.317 and 112.3173.
1896 Section 42. Subsection (1) of section 631.912, Florida
1897 Statutes, is amended, and subsections (4), (5), and (6) are
1898 added to that section, to read:
1899 631.912 Board of directors.—
1900 (1) The board of directors of the corporation shall consist
1901 of 11 persons, 1 of whom is the insurance consumer advocate
1902 appointed under s. 627.0613 or designee and 1 of whom is
1903 designated by the Chief Financial Officer. The department shall
1904 appoint to the board 6 persons selected by private carriers from
1905 among the 20 workers’ compensation insurers with the largest
1906 amount of direct written premium as determined by the
1907 department, and 2 persons selected by the self-insurance funds
1908 or other persons with experience in workers’ compensation
1909 insurance as determined by the Chief Financial Officer. These
1910 appointments are deemed to be within the scope of the exemption
1911 provided in s. 112.313(7)(b). The Governor shall appoint one
1912 person who has commercial insurance experience. At least two of
1913 the private carriers shall be foreign carriers authorized to do
1914 business in this state. The board shall elect a chairperson from
1915 among its members. The Chief Financial Officer may remove any
1916 board member for cause. Each board member shall be appointed to
1917 serve a 4-year term and may be reappointed. A vacancy on the
1918 board shall be filled for the remaining period of the term in
1919 the same manner by which the original appointment was made.
1920 (4) Board members are subject to the code of ethics under
1921 part III of chapter 112, including, but not limited to, the code
1922 of ethics and public disclosure and reporting of financial
1923 interests, pursuant to s. 112.3145. For purposes of applying
1924 part III of chapter 112 to activities of members of the board of
1925 directors, those persons are considered public officers and the
1926 corporation is considered their agency. Notwithstanding s.
1927 112.3143(2), a board member may not vote on any measure that he
1928 or she knows would inure to his or her special private gain or
1929 loss; that he or she knows would inure to the special private
1930 gain or loss of any principal by which he or she is retained,
1931 other than an agency as defined in s. 112.312; or that he or she
1932 knows would inure to the special private gain or loss of a
1933 relative or business associate of the public officer. Before the
1934 vote is taken, such member shall publicly state to the board the
1935 nature of his or her interest in the matter from which he or she
1936 is abstaining from voting and, within 15 days after the vote
1937 occurs, disclose the nature of his or her interest as a public
1938 record in a memorandum filed with the person responsible for
1939 recording the minutes of the meeting, who shall incorporate the
1940 memorandum in the minutes.
1941 (5) Notwithstanding s. 112.3148, s. 112.3149, or any other
1942 law, a board member may not knowingly accept, directly or
1943 indirectly, any gift or expenditure from a person or entity, or
1944 an employee or representative of such person or entity, which
1945 has a contractual relationship with the corporation or which is
1946 under consideration for a contract.
1947 (6) A board member who fails to comply with subsection (4)
1948 or subsection (5) is subject to the penalties provided under ss.
1949 112.317 and 112.3173.
1950 Section 43. Section 633.1423, Florida Statutes, is created
1951 to read:
1952 633.1423 State Fire Marshal direct-support organization.—
1953 (1) DEFINITION.—As used in this section, the term
1954 “organization” means the direct-support organization established
1955 under this section.
1956 (2) ORGANIZATION ESTABLISHED.—The division may establish a
1957 direct-support organization, to be known as the “State Fire
1958 Marshal Safety and Training Force,” whose sole purpose is to
1959 support the safety and training of firefighters and to recognize
1960 exemplary service. The organization must:
1961 (a) Be a not-for-profit corporation incorporated under
1962 chapter 617 and approved by the Department of State.
1963 (b) Be organized and operated to raise funds; request and
1964 receive grants, gifts, and bequests of money; conduct programs
1965 and activities; acquire, receive, hold, invest, and administer,
1966 in its own name, securities, funds, or property; and make grants
1967 and expenditures to or for the direct or indirect benefit of the
1968 division. Grants and expenditures may include the cost of
1969 education or training of firefighters, or the recognition of
1970 exemplary service of firefighters.
1971 (c) Be determined by the division to operate in a manner
1972 that is:
1973 1. Consistent with the goals of the division and laws
1974 relating to the safety and training of firefighters.
1975 2. In the best interest of the state.
1976 3. In accordance with the adopted goals and mission of the
1977 division.
1978 (d) Use all of its grants and expenditures solely for the
1979 purpose of educating, training, and recognizing firefighters,
1980 and not for advertising using the likeness or name of any
1981 elected official nor for the purpose of lobbying as defined in
1982 s. 11.045(1).
1983 (e) Be subject to an annual financial audit in accordance
1984 with s. 215.981.
1985 (3) CONTRACT.—The organization shall operate under written
1986 contract with the division. The contract must provide for:
1987 (a) Certification by the division that the organization is
1988 complying with the terms of the contract and in a manner
1989 consistent with the goals and purposes of the department and in
1990 the best interest of the state. Such certification must be made
1991 annually and reported in the official minutes of a meeting of
1992 the organization.
1993 (b) The reversion of moneys and property held by the
1994 organization for firefighter safety, training, and recognition
1995 to the division if the organization is no longer approved to
1996 operate by the division or if the organization ceases to exist,
1997 or to the state if the division ceases to exist.
1998 (4) BOARD OF DIRECTORS.—The organization shall be governed
1999 by a board of directors. The State Fire Marshal, or his or her
2000 designee, shall appoint a president of the board. The board of
2001 directors shall be appointed by the president of the board.
2002 (5) USE OF PROPERTY.—The division may authorize, without
2003 charge, appropriate use of fixed property and facilities of the
2004 division by the organization, subject to this subsection.
2005 (a) The department may prescribe any condition with which
2006 the organization must comply in order to use the division’s
2007 property or facilities.
2008 (b) The department may not authorize the use of the
2009 division’s property or facilities if the organization does not
2010 provide equal membership and employment opportunities to all
2011 persons regardless of race, religion, sex, age, or national
2012 origin.
2013 (c) The department shall adopt rules prescribing the
2014 procedures by which the organization is governed and any
2015 conditions with which the organization must comply to use the
2016 division’s property or facilities.
2017 (6) DEPOSITORY ACCOUNT.—Any moneys received by the
2018 organization may be held in a separate depository account in the
2019 name of the organization and subject to the contract with the
2020 division.
2021 (7) ANNUAL BUDGETS AND REPORTS.—The organization shall
2022 submit to the division its annual budget and financial reports,
2023 its federal Internal Revenue Service Application for Recognition
2024 of Exemption Form 1023, and its federal Internal Revenue Service
2025 Return of Organization Exempt from Income Tax Form 990.
2026 (8) ANNUAL AUDIT.—The organization shall provide for an
2027 annual financial audit in accordance with s. 215.981.
2028 (9) DIVISION’S RECEIPT OF PROCEEDS.—Proceeds received by
2029 the division from the organization shall be deposited into the
2030 Insurance Regulatory Trust Fund.
2031 (10) REPEAL.—This section is repealed October 1, 2028,
2032 unless reviewed and saved from repeal by the Legislature.
2033 Section 44. Section 634.181, Florida Statutes, is amended
2034 to read:
2035 634.181 Grounds for compulsory refusal, suspension, or
2036 revocation of license or appointment of salespersons.—
2037 (1) The department shall deny, suspend, revoke, or refuse
2038 to renew or continue the license or appointment of any such
2039 salesperson if it finds that as to the salesperson any one or
2040 more of the following applicable grounds exist:
2041 (a)(1) Material misstatement, misrepresentation, or fraud
2042 in obtaining or attempting to obtain the license or appointment.
2043 (b)(2) If the license or appointment is willfully used, or
2044 to be used, to circumvent any of the requirements or
2045 prohibitions of this part, any applicable provision of the
2046 Florida Insurance Code, or rule of the department or commission.
2047 (c)(3) Willful misrepresentation of any service agreement
2048 or willful deception with regard to any agreement, done either
2049 in person or by any form of dissemination of information or
2050 advertising.
2051 (d)(4) If in the adjustment of claims arising out of
2052 service agreements, she or he has materially misrepresented to a
2053 service agreement holder or other interested party the terms and
2054 coverage of a service agreement with intent and for the purpose
2055 of effecting settlement of the claim on less favorable terms
2056 than those provided in and contemplated by the service
2057 agreement.
2058 (e)(5) For demonstrated lack of fitness or trustworthiness
2059 to engage in the service agreement business.
2060 (f)(6) For demonstrated lack of adequate knowledge and
2061 technical competence to engage in the transactions authorized by
2062 the license or appointment.
2063 (g)(7) Fraudulent or dishonest practices in the conduct of
2064 business under the license or appointment.
2065 (h)(8) Misappropriation, conversion, or unlawful
2066 withholding of moneys belonging to a service agreement company,
2067 insurer, or service agreement holder or to others and received
2068 in the conduct of business under the license or appointment.
2069 (i)(9) For unlawfully rebating, or attempt thereat, or for
2070 unlawfully dividing or offering to divide her or his commission
2071 with another.
2072 (j)(10) Willful failure to comply with, or willful
2073 violation of any proper order of the department or office, or
2074 willful violation of any provision of this part, or of any
2075 applicable provision of the insurance code, or applicable rule
2076 of the department or commission.
2077 (k)(11) Having been found guilty of, or having pleaded
2078 guilty or nolo contendere to, a felony or a crime punishable by
2079 imprisonment of 1 year or more under the law of the United
2080 States of America or any state thereof or under the law of any
2081 other country which involves moral turpitude, without regard to
2082 whether a judgment of conviction has been entered by the court
2083 having jurisdiction of the cases.
2084 (l)(12) Failure to refund unearned pro rata commission to
2085 the agreement holder or the service agreement company, if the
2086 service agreement company is making a full unearned pro rata
2087 refund to the agreement holder.
2088 (m) Having been the subject of, or having had a license,
2089 permit, appointment, registration, or other authority to conduct
2090 business subject to, any decision, finding, injunction,
2091 suspension, prohibition, revocation, denial, judgment, final
2092 agency action, or administrative order by any court of competent
2093 jurisdiction, administrative law proceeding, state agency,
2094 federal agency, national securities, commodities, or options
2095 exchange, or national securities, commodities, or options
2096 association involving a violation of any federal or state
2097 securities or commodities law or any rule or regulation adopted
2098 thereunder, or a violation of any rule or regulation of any
2099 national securities, commodities, or options exchange or
2100 national securities, commodities, or options association.
2101 (2) When a licensee is charged with a felony enumerated in
2102 s. 626.207(2), the department shall, immediately upon receipt of
2103 information on or indictment for the felony, temporarily suspend
2104 a license or appointment issued under this chapter. Such
2105 suspension shall continue if the licensee is found guilty of, or
2106 pleads guilty or nolo contendere to, the crime, regardless of
2107 whether a judgment or conviction is entered, during a pending
2108 appeal. A person may not transact insurance business after
2109 suspension of his or her license or appointment.
2110 (3) The department may adopt rules to administer this
2111 section.
2112 Section 45. Section 634.191, Florida Statutes, is amended
2113 to read:
2114 634.191 Grounds for discretionary refusal, suspension, or
2115 revocation of license or appointment of salespersons.—
2116 (1) The department may, in its discretion, deny, suspend,
2117 revoke, or refuse to renew or continue the license or
2118 appointment of any salesperson if it finds that as to the
2119 salesperson any one or more of the following applicable grounds
2120 exist under circumstances for which such denial, suspension,
2121 revocation, or refusal is not mandatory under s. 634.181:
2122 (a)(1) For any cause for which granting of the license or
2123 appointment could have been refused had it then existed and been
2124 known to the department.
2125 (b)(2) Violation of any provision of this part or of any
2126 other law applicable to the business of service agreements in
2127 the course of dealings under the license or appointment.
2128 (c)(3) Violation of Has violated any lawful order or rule
2129 of the department or commission.
2130 (d)(4) Failure or refusal, upon demand, to pay over to any
2131 company or insurer the salesperson represents or has represented
2132 any money coming into her or his hands belonging to the company
2133 or insurer.
2134 (e)(5) If, in the conduct of business under the license or
2135 appointment, the salesperson has engaged in unfair methods of
2136 competition or in unfair or deceptive acts or practices, as such
2137 methods, acts, or practices are or may be defined under this
2138 part, or has otherwise shown herself or himself to be a source
2139 of injury or loss to the public or detrimental to the public
2140 interest.
2141 (f)(6) Failure to report to the department within 30 days
2142 the final disposition of an administrative action taken against
2143 a salesperson by a governmental agency or other regulatory
2144 agency in this state or any other state or jurisdiction relating
2145 to the business of insurance, the sale of securities, or an
2146 activity involving fraud, dishonesty, trustworthiness, or breach
2147 of a fiduciary duty. The salesperson must submit a copy of the
2148 order, consent to order, or other relevant legal documents to
2149 the department Having been found guilty of, or having pleaded
2150 guilty or nolo contendere to, a felony or a crime punishable by
2151 imprisonment of 1 year or more under the law of the United
2152 States of America or any state thereof or under the law of any
2153 other country, without regard to whether a judgment of
2154 conviction has been entered by the court having jurisdiction of
2155 the cases.
2156 (2) The department may adopt rules to administer this
2157 section.
2158 Section 46. Section 634.320, Florida Statutes, is amended
2159 to read:
2160 634.320 Grounds for compulsory refusal, suspension, or
2161 revocation of license or appointment of sales representatives.—
2162 (1) The department shall deny, suspend, revoke, or refuse
2163 to renew or continue the license or appointment of any sales
2164 representative if it is found that any one or more of the
2165 following grounds applicable to the sales representative exist:
2166 (a)(1) Material misstatement, misrepresentation, or fraud
2167 in obtaining or attempting to obtain a license or appointment.
2168 (b)(2) The license or appointment is willfully used, or to
2169 be used, to circumvent any of the requirements or prohibitions
2170 of this part.
2171 (c)(3) Willful misrepresentation of any warranty contract
2172 or willful deception with regard to any such contract, done
2173 either in person or by any form of dissemination of information
2174 or advertising.
2175 (d)(4) In the adjustment of claims arising out of
2176 warranties, material misrepresentation to a warranty holder or
2177 other interested party of the terms and coverage of a contract,
2178 with the intent and for the purpose of effecting settlement of
2179 such claim on less favorable terms than those provided in and
2180 contemplated by the contract.
2181 (e)(5) Demonstrated lack of fitness or trustworthiness to
2182 engage in the business of home warranty.
2183 (f)(6) Demonstrated lack of adequate knowledge and
2184 technical competence to engage in the transactions authorized by
2185 the license or appointment.
2186 (g)(7) Fraudulent or dishonest practices in the conduct of
2187 business under the license or appointment.
2188 (h)(8) Misappropriation, conversion, or unlawful
2189 withholding of moneys belonging to an association, insurer, or
2190 warranty holder, or to others, and received in the conduct of
2191 business under the license or appointment.
2192 (i)(9) Unlawfully rebating, or attempting to unlawfully
2193 rebate, or unlawfully dividing, or offering to divide, her or
2194 his commission with another.
2195 (j)(10) Willful failure to comply with, or willful
2196 violation of, any proper order or rule of the department or
2197 commission or willful violation of any provision of this part.
2198 (k)(11) Being found guilty of or pleading guilty or nolo
2199 contendere to a felony or a crime punishable by imprisonment of
2200 1 year or more under the law of the United States of America or
2201 any state thereof or under the law of any other country
2202 involving moral turpitude, without regard to whether judgment of
2203 conviction has been entered by the court.
2204 (l) Having been the subject of, or having had a license,
2205 permit, appointment, registration, or other authority to conduct
2206 business subject to, any decision, finding, injunction,
2207 suspension, prohibition, revocation, denial, judgment, final
2208 agency action, or administrative order by any court of competent
2209 jurisdiction, administrative law proceeding, state agency,
2210 federal agency, national securities, commodities, or options
2211 exchange, or national securities, commodities, or options
2212 association involving a violation of any federal or state
2213 securities or commodities law or any rule or regulation adopted
2214 thereunder, or a violation of any rule or regulation of any
2215 national securities, commodities, or options exchange or
2216 national securities, commodities, or options association.
2217 (2) When a licensee is charged with a felony enumerated in
2218 s. 626.207(2), the department shall, immediately upon receipt of
2219 information on or indictment for the felony, temporarily suspend
2220 a license or appointment issued under this chapter. Such
2221 suspension shall continue if the licensee is found guilty of, or
2222 pleads guilty or nolo contendere to, the crime, regardless of
2223 whether a judgment or conviction is entered, during a pending
2224 appeal. A person may not transact insurance business after
2225 suspension of his or her license or appointment.
2226 (3) The department may adopt rules to administer this
2227 section.
2228 Section 47. Section 634.321, Florida Statutes, is amended
2229 to read:
2230 634.321 Grounds for discretionary refusal, suspension, or
2231 revocation of license or appointment of sales representatives.—
2232 (1) The department may, in its discretion, deny, suspend,
2233 revoke, or refuse to renew or continue the license or
2234 appointment of any sales representative if it is found that any
2235 one or more of the following grounds applicable to the sales
2236 representative exist under circumstances for which such denial,
2237 suspension, revocation, or refusal is not mandatory under s.
2238 634.320:
2239 (a)(1) Any cause for which granting of the license or
2240 appointment could have been refused had it then existed and been
2241 known to the department.
2242 (b)(2) Violation of any provision of this part, or of any
2243 other law applicable to the business of warranties, in the
2244 course of dealings under the license or appointment.
2245 (c)(3) Violation of any lawful order or rule of the
2246 department or commission.
2247 (d)(4) Failure or refusal to pay over, upon demand, to any
2248 home warranty association or insurer the sales representative
2249 represents or has represented any money coming into her or his
2250 hands which belongs to the association or insurer.
2251 (e)(5) In the conduct of business under the license or
2252 appointment, engaging in unfair methods of competition or in
2253 unfair or deceptive acts or practices, as such methods, acts, or
2254 practices are or may be defined under this part, or otherwise
2255 showing herself or himself to be a source of injury or loss to
2256 the public or detriment to the public interest.
2257 (f)(6) Failure to report to the department within 30 days
2258 the final disposition of an administrative action taken against
2259 a sales representative by a governmental agency or other
2260 regulatory agency in this state or any other state or
2261 jurisdiction relating to the business of insurance, the sale of
2262 securities, or an activity involving fraud, dishonesty,
2263 trustworthiness, or breach of a fiduciary duty. The sales
2264 representative must submit a copy of the order, consent to
2265 order, or other relevant legal documents to the department Being
2266 found guilty of or pleading guilty or nolo contendere to a
2267 felony or a crime punishable by imprisonment of 1 year or more
2268 under the law of the United States of America or any state
2269 thereof or under the law of any other country, without regard to
2270 whether a judgment of conviction has been entered by the court.
2271 (2) The department may adopt rules to administer this
2272 section.
2273 Section 48. Section 634.419, Florida Statutes, is amended
2274 to read:
2275 634.419 License and appointment required.—No person or
2276 entity shall solicit, negotiate, advertise, or effectuate
2277 service warranty contracts in this state unless such person or
2278 entity is licensed and appointed as a sales representative.
2279 Sales representatives shall be responsible for the actions of
2280 persons under their supervision. However, a service warranty
2281 association licensed as such under this part shall not be
2282 required to be licensed and appointed as a sales representative
2283 to solicit, negotiate, advertise, or effectuate its products.
2284 Sections 501.021-501.055 do not apply to persons or entities
2285 licensed and appointed under this section, or their affiliates,
2286 which solicit the sale of a service warranty or related service
2287 or product in connection with a prearranged appointment at the
2288 request of the consumer.
2289 Section 49. Section 634.422, Florida Statutes, is amended
2290 to read:
2291 634.422 Grounds for compulsory refusal, suspension, or
2292 revocation of license or appointment of sales representatives.—
2293 (1) The department shall deny, suspend, revoke, or refuse
2294 to renew or continue the license or appointment of any sales
2295 representative if it is found that any one or more of the
2296 following grounds applicable to the sales representative exist:
2297 (a)(1) Material misstatement, misrepresentation, or fraud
2298 in obtaining or attempting to obtain a license or appointment.
2299 (b)(2) The license or appointment is willfully used, or to
2300 be used, to circumvent any of the requirements or prohibitions
2301 of this part.
2302 (c)(3) Willful misrepresentation of any service warranty
2303 contract or willful deception with regard to any such contract,
2304 done either in person or by any form of dissemination of
2305 information or advertising.
2306 (d)(4) In the adjustment of claims arising out of
2307 warranties, material misrepresentation to a service warranty
2308 holder or other interested party of the terms and coverage of a
2309 contract with the intent and for the purpose of effecting
2310 settlement of the claim on less favorable terms than those
2311 provided in and contemplated by the contract.
2312 (e)(5) Demonstrated lack of fitness or trustworthiness to
2313 engage in the business of service warranty.
2314 (f)(6) Demonstrated lack of adequate knowledge and
2315 technical competence to engage in the transactions authorized by
2316 the license or appointment.
2317 (g)(7) Fraudulent or dishonest practices in the conduct of
2318 business under the license or appointment.
2319 (h)(8) Misappropriation, conversion, or unlawful
2320 withholding of moneys belonging to an association, insurer, or
2321 warranty holder, or to others, and received in the conduct of
2322 business under the license or appointment.
2323 (i)(9) Unlawfully rebating, or attempting to unlawfully
2324 rebate, or unlawfully dividing, or offering to divide, her or
2325 his commission with another.
2326 (j)(10) Willful failure to comply with, or willful
2327 violation of, any proper order or rule of the department or
2328 commission, or willful violation of any provision of this part.
2329 (k)(11) Being found guilty of or pleading nolo contendere
2330 to a felony or a crime punishable by imprisonment of 1 year or
2331 more under the law of the United States of America or any state
2332 thereof or under the law of any other country involving moral
2333 turpitude, without regard to whether judgment of conviction has
2334 been entered by the court having jurisdiction of the case.
2335 (l) Having been the subject of, or having had a license,
2336 permit, appointment, registration, or other authority to conduct
2337 business subject to, any decision, finding, injunction,
2338 suspension, prohibition, revocation, denial, judgment, final
2339 agency action, or administrative order by any court of competent
2340 jurisdiction, administrative law proceeding, state agency,
2341 federal agency, national securities, commodities, or options
2342 exchange, or national securities, commodities, or options
2343 association involving a violation of any federal or state
2344 securities or commodities law or any rule or regulation adopted
2345 thereunder, or a violation of any rule or regulation of any
2346 national securities, commodities, or options exchange or
2347 national securities, commodities, or options association.
2348 (2) When a licensee is charged with a felony enumerated in
2349 s. 626.207(2), the department shall, immediately upon receipt of
2350 information on or indictment for the felony, temporarily suspend
2351 a license or appointment issued under this chapter. Such
2352 suspension shall continue if the licensee is found guilty of, or
2353 pleads guilty or nolo contendere to, the crime, regardless of
2354 whether a judgment or conviction is entered, during a pending
2355 appeal. A person may not transact insurance business after
2356 suspension of his or her license or appointment.
2357 (3) The department may adopt rules to administer this
2358 section.
2359 Section 50. Section 634.423, Florida Statutes, is amended
2360 to read:
2361 634.423 Grounds for discretionary refusal, suspension, or
2362 revocation of license or appointment of sales representatives.—
2363 (1) The department may deny, suspend, revoke, or refuse to
2364 renew or continue the license or appointment of any sales
2365 representative if it is found that any one or more of the
2366 following grounds applicable to the sales representative exist
2367 under circumstances for which such denial, suspension,
2368 revocation, or refusal is not mandatory under s. 634.422:
2369 (a)(1) Any cause for which granting of the license or
2370 appointment could have been refused had it then existed and been
2371 known to the department.
2372 (b)(2) Violation of any provision of this part, or of any
2373 other law applicable to the business of service warranties, in
2374 the course of dealings under the license or appointment.
2375 (c)(3) Violation of any lawful order or rule of the
2376 department or commission.
2377 (d)(4) Failure or refusal to pay over, upon demand, to any
2378 service warranty association or insurer the sales representative
2379 represents or has represented any money coming into her or his
2380 hands which belongs to the association or insurer.
2381 (e)(5) In the conduct of business under the license or
2382 appointment, engaging in unfair methods of competition or in
2383 unfair or deceptive acts or practices, as such methods, acts, or
2384 practices are or may be defined under this part, or otherwise
2385 showing herself or himself to be a source of injury or loss to
2386 the public or detriment to the public interest.
2387 (f)(6) Failure to report to the department within 30 days
2388 the final disposition of an administrative action taken against
2389 a sales representative by a governmental agency or other
2390 regulatory agency in this state or any other state or
2391 jurisdiction relating to the business of insurance, the sale of
2392 securities, or an activity involving fraud, dishonesty,
2393 trustworthiness, or breach of a fiduciary duty. The sales
2394 representative must submit a copy of the order, consent to
2395 order, or other relevant legal documents to the department Being
2396 found guilty of or pleading guilty or nolo contendere to a
2397 felony or a crime punishable by imprisonment of 1 year or more
2398 under the law of the United States of America or any state
2399 thereof or under the law of any other country, without regard to
2400 whether judgment of conviction has been entered by the court
2401 having jurisdiction of such case.
2402 (2) The department may adopt rules to administer this
2403 section.
2404 Section 51. Section 648.25, Florida Statutes, is reordered
2405 and amended to read:
2406 648.25 Definitions.—As used in this chapter, the term:
2407 (1) “Appointment” means the authority given by an insurer
2408 or the managing general agent of an insurer through the
2409 department to a licensee to transact insurance or adjust claims
2410 on behalf of the insurer or managing general agent.
2411 (2)(1) “Bail bond agency” means:
2412 (a) The building where a licensee maintains an office and
2413 where all records required by ss. 648.34 and 648.36 are
2414 maintained; or
2415 (b) An entity that:
2416 1. Charges a fee or premium to release an accused defendant
2417 or detainee from jail; or
2418 2. Engages in or employs others to engage in any activity
2419 that may be performed only by a licensed and appointed bail bond
2420 agent.
2421 (3)(2) “Bail bond agent” means a limited surety agent or a
2422 professional bail bond agent as hereafter defined.
2423 (7)(3) “Managing general agent” means any individual,
2424 partnership, association, or corporation appointed or employed
2425 by an insurer to supervise or manage the bail bond business
2426 written in this state by limited surety agents appointed by the
2427 insurer.
2428 (5)(4) “Insurer” means any domestic, foreign, or alien
2429 surety company which has been authorized to transact surety
2430 business in this state.
2431 (6)(5) “Limited surety agent” means any individual
2432 appointed by an insurer by power of attorney to execute or
2433 countersign bail bonds in connection with judicial proceedings
2434 who receives or is promised money or other things of value
2435 therefor.
2436 (4)(6) “Primary Bail bond agent in charge” means a licensed
2437 bail bond agent who is responsible for the overall operation and
2438 management of a bail bond agency location and whose
2439 responsibilities include hiring and supervising all individuals
2440 within that location. A bail bond agent may be designated as the
2441 primary bail bond agent in charge for only one bail bond agency
2442 location.
2443 (8)(7) “Professional bail bond agent” means any person who
2444 pledges United States currency, United States postal money
2445 orders, or cashier’s checks as security for a bail bond in
2446 connection with a judicial proceeding and receives or is
2447 promised therefor money or other things of value.
2448 (9)(8) “Temporary bail bond agent” means a person licensed
2449 before January 1, 2024, who is employed by a bail bond agent or
2450 agency, insurer, or managing general agent, and such licensee
2451 has the same authority as a licensed bail bond agent, including
2452 presenting defendants in court; apprehending, arresting, and
2453 surrendering defendants to the proper authorities, while
2454 accompanied by a supervising bail bond agent or an agent from
2455 the same agency; and keeping defendants under necessary
2456 surveillance. However, a temporary licensee may not execute or
2457 sign bonds, handle collateral receipts, or deliver bonds to
2458 appropriate authorities. A temporary licensee may not operate an
2459 agency or branch agency separate from the location of the
2460 supervising bail bond agent, managing general agent, or insurer
2461 by whom the licensee is employed. This does not affect the right
2462 of a bail bond agent or insurer to hire counsel or to obtain the
2463 assistance of law enforcement officers. A temporary bail bond
2464 agent license expires 18 months after issuance and is no longer
2465 valid on or after June 30, 2025.
2466 Section 52. Subsection (3) of section 648.26, Florida
2467 Statutes, is amended to read:
2468 648.26 Department of Financial Services; administration.—
2469 (3) The papers, documents, reports, or any other
2470 investigatory records of the department are confidential and
2471 exempt from the provisions of s. 119.07(1) until such
2472 investigation is completed or ceases to be active. For the
2473 purpose of this section, an investigation is considered active
2474 “active” while the investigation is being conducted by the
2475 department with a reasonable, good faith belief that it may lead
2476 to the filing of administrative, civil, or criminal proceedings.
2477 An investigation does not cease to be active if the department
2478 is proceeding with reasonable dispatch and there is good faith
2479 belief that action may be initiated by the department or other
2480 administrative or law enforcement agency. This subsection does
2481 not prevent the department or office from disclosing the content
2482 of a complaint or such information as it deems necessary to
2483 conduct the investigation, to update the complainant as to the
2484 status and outcome of the complaint, or to share such
2485 information with any law enforcement agency or other regulatory
2486 body.
2487 Section 53. Subsection (5) of section 648.27, Florida
2488 Statutes, is amended to read:
2489 648.27 Licenses and appointments; general.—
2490 (5)(a) The license of a bail bond agent shall continue in
2491 force, without further examination unless deemed necessary by
2492 the department, until suspended, revoked, or otherwise
2493 terminated.
2494 (b) The license of a temporary bail bond agent shall
2495 continue in force until suspended, revoked, or otherwise
2496 terminated.
2497 Section 54. Section 648.285, Florida Statutes, is amended
2498 to read:
2499 648.285 Bond agency; ownership requirements; applications
2500 for bail bond agency licenses.—
2501 (1) A person may not own, control, manage, or otherwise
2502 have a pecuniary interest in a bail bond agency unless such
2503 individual is a licensed pursuant to s. 648.27, and appointed
2504 through the department, and actively engaged as a bail bond
2505 agent for at least the preceding 24 months. Any agency that is
2506 not in compliance with this subsection is shall be subject to
2507 the issuance of an immediate final order of suspension of its
2508 license and all operations until the agency achieves compliance.
2509 (2) Effective January 1, 2024, the department may issue a
2510 bail bond agency license to any person only after such person
2511 files a written application with the department and qualifies
2512 for such license.
2513 (3) An application for a bail bond agency license must be
2514 signed by an individual required to be listed in the application
2515 under paragraph (a). A bail bond agency license may permit a
2516 third party to complete, submit, and sign an application on the
2517 bail bond agency’s behalf; however, the bail bond agency is
2518 responsible for ensuring that the information on the application
2519 is true and correct, and the bail bond agency is accountable for
2520 any misstatements or misrepresentations. The application for a
2521 bail bond agency license must include:
2522 (a) The name and license number of each owner, partner,
2523 officer, director, president, senior vice president, secretary,
2524 treasurer, and limited liability company member who directs or
2525 participates in the management or control of the bail bond
2526 agency, whether through ownership of voting securities, by
2527 contract, by ownership of any agency bank account, or otherwise.
2528 (b) The residence address of each person required to be
2529 listed in the application under paragraph (a).
2530 (c) The name, principal business street address, and valid
2531 e-mail address of the bail bond agency and the name, address,
2532 and e-mail address of the agency’s registered agent or person or
2533 company authorized to accept service on behalf of the bail bond
2534 agency.
2535 (d) The physical address of each branch bail bond agency,
2536 including its name, e-mail address, and telephone number, and
2537 the date that the branch location began transacting bail bond
2538 business.
2539 (e) The name of the full-time bail bond agent in charge of
2540 the agency office, including branch locations, and his or her
2541 corresponding location.
2542 (f) Such additional information as the department requires
2543 by rule to ascertain the trustworthiness and competence of
2544 persons required to be listed on the application and to
2545 ascertain that such persons meet the requirements of this code.
2546 However, the department may not require that credit or character
2547 reports be submitted for persons required to be listed on the
2548 application.
2549 (4) The department must issue a license to each agency upon
2550 approval of the application, and each agency location must
2551 display the license prominently in a manner that makes it
2552 clearly visible to any customer or potential customer who enters
2553 the agency location.
2554 (5) A bail bond agency that holds a current and valid
2555 registration number with the department shall have its
2556 registration automatically converted to a license on July 1,
2557 2024.
2558 (6) Section 112.011 does not apply to bail bond agencies or
2559 to applicants for licensure as owners of bail bond agencies.
2560 (7)(2) If the owner of a bail bond agency dies or becomes
2561 mentally incapacitated, a personal representative or legal
2562 guardian may be issued a temporary permit to manage the affairs
2563 of the bail bond agency. Such person must appoint or maintain
2564 the appointment of a primary bail bond agent in charge, as
2565 provided in s. 648.387, and may not engage in any activities as
2566 a licensed bail bond agent but must comply with s. 648.387
2567 during the administration of the estate or guardianship. A
2568 temporary permit is valid for a maximum of 24 months.
2569 (8)(3) Application for a temporary permit must be made by
2570 the personal representative or legal guardian upon statements
2571 and affidavits filed with the department on forms prescribed and
2572 furnished by it. The applicant must meet the qualifications for
2573 licensure as a bail bond agent, except for the residency,
2574 examination, education, and experience requirements.
2575 Section 55. Subsection (1) of section 648.30, Florida
2576 Statutes, is amended to read:
2577 648.30 Licensure and appointment required; prohibited acts;
2578 penalties.—
2579 (1)(a) A person or entity may not act in the capacity of a
2580 bail bond agent or temporary bail bond agency agent or perform
2581 any of the functions, duties, or powers prescribed for bail bond
2582 agents or temporary bail bond agencies agents under this chapter
2583 unless that person or entity is qualified, licensed, and
2584 appointed as provided in this chapter and employed by a bail
2585 bond agency.
2586 (b) A bail bond agent may not sell a bail bond issued by an
2587 insurer for which the agent and the agent’s bail bond agency do
2588 not hold a current appointment.
2589 (c) Except as otherwise provided in this part, a person or
2590 entity, other than a bail bond agency or an employee of a bail
2591 bond agency, may not perform any of the functions of a bail bond
2592 agency without a bail bond agency license.
2593 Section 56. Section 648.31, Florida Statutes, is amended to
2594 read:
2595 648.31 Appointment taxes and fees.—The department shall
2596 collect in advance all appointment taxes and fees for the
2597 issuance of any appointment to a bail bond agent or temporary
2598 bail bond agent, as provided in s. 624.501. There is no fee for
2599 the issuance of any appointment to a bail bond agency.
2600 Section 57. Subsection (2) of section 648.34, Florida
2601 Statutes, is amended to read:
2602 648.34 Bail bond agents; qualifications.—
2603 (2) To qualify as a bail bond agent, it must affirmatively
2604 appear at the time of application and throughout the period of
2605 licensure that the applicant has complied with the provisions of
2606 s. 648.355 and has obtained a temporary license pursuant to such
2607 section and:
2608 (a) The applicant Is a natural person who has reached the
2609 age of 18 years and holds a high school diploma or its
2610 equivalent.
2611 (b) The applicant Is a United States citizen or legal alien
2612 who possesses work authorization from the United States Bureau
2613 of Citizenship and Immigration Services and is a resident of
2614 this state. An individual who is a resident of this state shall
2615 be deemed to meet the residence requirement of this paragraph,
2616 notwithstanding the existence, at the time of application for
2617 license, of a license in the applicant’s name on the records of
2618 another state as a resident licensee of such other state, if the
2619 applicant furnishes a letter of clearance satisfactory to the
2620 department that his or her resident licenses have been canceled
2621 or changed to a nonresident basis and that he or she is in good
2622 standing.
2623 (c) Will maintain his or her The place of business of the
2624 applicant will be located in this state and in the county where
2625 the applicant will maintain his or her records and be actively
2626 engaged in the bail bond business and work with a licensed
2627 maintain an agency accessible to the public which is open for
2628 reasonable business hours.
2629 (d) The applicant Is vouched for and recommended upon sworn
2630 statements filed with the department by at least three reputable
2631 citizens who are residents of the same counties in which the
2632 applicant proposes to engage in the bail bond business.
2633 (e) The applicant Is a person of high character and
2634 approved integrity and has not been convicted of or pleaded
2635 guilty or no contest to a felony, a crime involving moral
2636 turpitude, or a crime punishable by imprisonment of 1 year or
2637 more under the law of any state, territory, or country, whether
2638 or not a judgment or conviction has been entered.
2639 (f) Within 2 years immediately before applying for the
2640 license, has successfully completed a basic certification course
2641 in the criminal justice system which consists of at least 120
2642 hours of classroom instruction with a passing grade of 80
2643 percent or higher and has successfully completed a
2644 correspondence course for bail bond agents approved by the
2645 department.
2646 (g)(f) The applicant Has passed any required examination.
2647 Section 58. Section 648.355, Florida Statutes, is amended
2648 to read:
2649 648.355 Temporary limited license as Limited surety agents
2650 and agent or professional bail bond agents agent; qualifications
2651 pending examination.—
2652 (1) The department may, in its discretion, issue a
2653 temporary license as a limited surety agent or professional bail
2654 bond agent, subject to the following conditions:
2655 (a) The applicant is a natural person at least 18 years of
2656 age and holds a high school diploma or its equivalent.
2657 (b) The applicant is a United States citizen or legal alien
2658 who possesses work authorization from the United States Bureau
2659 of Citizenship and Immigration Services and is a resident of
2660 this state. An individual who is a resident of this state shall
2661 be deemed to meet the residence requirement of this paragraph,
2662 notwithstanding the existence, at the time of application for
2663 temporary license, of a license in the individual’s name on the
2664 records of another state as a resident licensee of such other
2665 state, if the applicant furnishes a letter of clearance
2666 satisfactory to the department that the individual’s resident
2667 licenses have been canceled or changed to a nonresident basis
2668 and that the individual is in good standing.
2669 (c) The applicant is a person of high character and
2670 approved integrity and has never been convicted of or pleaded
2671 guilty or no contest to a felony, a crime involving moral
2672 turpitude, or a crime punishable by imprisonment of 1 year or
2673 more under the law of any state, territory, or country, whether
2674 or not a judgment or conviction is entered.
2675 (d) Within 4 years prior to the date of application for a
2676 temporary license, the applicant has successfully completed a
2677 basic certification course in the criminal justice system,
2678 consisting of not less than 120 hours of classroom instruction
2679 with a passing grade of 80 percent or higher and has
2680 successfully completed a correspondence course for bail bond
2681 agents approved by the department.
2682 (e) The applicant must be employed full time at the time of
2683 licensure, and at all times throughout the existence of the
2684 temporary license, by only one licensed and appointed
2685 supervising bail bond agent, who supervises the work of the
2686 applicant and is responsible for the licensee’s conduct in the
2687 bail bond business. The applicant must be appointed by the same
2688 insurers as the supervising bail bond agent. The supervising
2689 bail bond agent shall certify monthly to the department under
2690 oath, on a form prescribed by the department, the names and
2691 hours worked each week of all temporary bail bond agents. Filing
2692 a false certification is grounds for the immediate suspension of
2693 the license and imposition of a $5,000 administrative fine. The
2694 department may adopt rules that establish standards for the
2695 employment requirements.
2696 (f) The application must be accompanied by an affidavit
2697 verifying proposed employment and a report as to the applicant’s
2698 integrity and moral character on a form prescribed by the
2699 department and executed by the proposed employer.
2700 (g) The applicant must file with the department statements
2701 by at least three reputable citizens who are residents of the
2702 same counties in which the applicant proposes to engage as a
2703 temporary licensee.
2704 (h) The applicant’s employer is responsible for the bail
2705 bonding acts of any licensee under this section.
2706 (2) All applicable license fees, as prescribed in s.
2707 624.501, must be paid before issuance of the temporary license.
2708 (3) The temporary license shall be effective for 18 months,
2709 subject to earlier termination at the request of the employer or
2710 if suspended or revoked by the department.
2711 (4) The applicant shall furnish, with the application for
2712 temporary license, a complete set of the applicant’s
2713 fingerprints in accordance with s. 626.171(4) and a recent
2714 credential-sized, fullface photograph of the applicant. The
2715 department may shall not issue a temporary license under this
2716 section until the department has received a report from the
2717 Department of Law Enforcement and the Federal Bureau of
2718 Investigation relative to the existence or nonexistence of a
2719 criminal history report based on the applicant’s fingerprints.
2720 (2)(5) The department may collect a fee necessary to cover
2721 the cost of a character and credit report made by an established
2722 and reputable independent reporting service. The fee shall be
2723 deposited to the credit of the Insurance Regulatory Trust Fund.
2724 (3)(6) Effective July 1, 2023, any individual licensed by
2725 the department as a temporary bail bond agent may take the
2726 required bail bond agent’s licensure examination, may file an
2727 application for a bail bond agent’s license if otherwise
2728 qualified for licensure, and may take the required bail bond
2729 agent’s licensure examination After licensure as a temporary
2730 licensee for at least 12 months, such licensee may file an
2731 application for and become eligible for a regular bail bond
2732 agent’s license based on the licensee’s experience in the bail
2733 bond business and education pursuant to paragraph (1)(d) and, if
2734 otherwise qualified, take the required bail bond agent’s
2735 licensure examination. The applicant and supervising bail bond
2736 agent must each file an affidavit under oath, on a form
2737 prescribed by the department, verifying the required employment
2738 of the temporary agent before issuance of the license.
2739 (7) In no event shall a temporary licensee licensed under
2740 this section perform any of the functions for which a bail bond
2741 agent’s license is required after expiration of the temporary
2742 license without having passed the written examination as for a
2743 regular bail bond agent’s license.
2744 (8)(a) A temporary licensee has the same authority as a
2745 licensed bail bond agent, including presenting defendants in
2746 court; apprehending, arresting, and surrendering defendants to
2747 the proper authorities; and keeping defendants under necessary
2748 surveillance. However, a temporary licensee must be accompanied
2749 by a supervising bail bond agent or an agent from the same
2750 agency when apprehending, arresting, or surrendering defendants
2751 to authorities.
2752 (b) A temporary licensee may not execute or sign bonds,
2753 handle collateral receipts, deliver bonds to appropriate
2754 authorities, or operate an agency or branch agency separate from
2755 the location of the supervising bail bond agent, managing
2756 general agent, or insurer by whom the licensee is employed.
2757 (4)(9) Effective July 1, 2023, the department may not issue
2758 a temporary bail bond agent’s license. An individual currently
2759 licensed as a temporary bail bond agent may continue to be
2760 licensed in accordance with this chapter. A temporary bail bond
2761 agent’s license may not be reinstated if the license expires or
2762 is terminated, suspended, or revoked The department shall not
2763 issue a temporary bail bond agent’s license to any individual
2764 who has held such a temporary license in this state within 2
2765 years after the expiration of such temporary bail bond agent’s
2766 license.
2767 Section 59. Subsections (1) through (4) of section 648.382,
2768 Florida Statutes, are amended to read:
2769 648.382 Appointment of bail bond agents and bail bond
2770 agencies temporary bail bond agents; effective date of
2771 appointment.—
2772 (1)(a) Each insurer or appointing a bail bond agent and
2773 each insurer, managing general agent, or bail bond agent
2774 appointing a temporary bail bond agent or bail bond agency in
2775 this state must file the appointment with the department and, at
2776 the same time, pay the applicable appointment fees and taxes. A
2777 person appointed under this section must hold a valid bail bond
2778 agent’s or temporary bail bond agency’s agent’s license. There
2779 is no fee for the issuance of any appointment of a bail bond
2780 agency.
2781 (b) Effective July 1, 2025, each insurer or managing
2782 general agent appointing a bail bond agency in this state must
2783 file the appointment with the department. An entity appointed
2784 under this section must hold a valid bail bond agency’s license.
2785 (2) Before Prior to any appointment, an appropriate officer
2786 or official of the appointing insurer in the case of a bail bond
2787 agent or an insurer, managing general agent, or bail bond agent
2788 in the case of a temporary bail bond agent must submit:
2789 (a) A certified statement or affidavit to the department
2790 stating what investigation has been made concerning the proposed
2791 appointee and the proposed appointee’s background and the
2792 appointing person’s opinion to the best of his or her knowledge
2793 and belief as to the moral character and reputation of the
2794 proposed appointee. In lieu of such certified statement or
2795 affidavit, by authorizing the effectuation of an appointment for
2796 a licensee, the appointing entity certifies to the department
2797 that such investigation has been made and that the results of
2798 the investigation and the appointing person’s opinion is that
2799 the proposed appointee is a person of good moral character and
2800 reputation and is fit to engage in the bail bond business;
2801 (b) An affidavit under oath on a form prescribed by the
2802 department, signed by the proposed appointee, stating that
2803 premiums are not owed to any insurer and that the appointee will
2804 discharge all outstanding forfeitures and judgments on bonds
2805 previously written. If the appointee does not satisfy or
2806 discharge such forfeitures or judgments, the former insurer
2807 shall file a notice, with supporting documents, with the
2808 appointing insurer, the former agent or agency, and the
2809 department, stating under oath that the licensee has failed to
2810 timely satisfy forfeitures and judgments on bonds written and
2811 that the insurer has satisfied the forfeiture or judgment from
2812 its own funds. Upon receipt of such notification and supporting
2813 documents, the appointing insurer shall immediately cancel the
2814 licensee’s appointment. The licensee may be reappointed only
2815 upon certification by the former insurer that all forfeitures
2816 and judgments on bonds written by the licensee have been
2817 discharged. The appointing insurer or former agent or agency
2818 may, within 10 days, file a petition with the department seeking
2819 relief from this paragraph. Filing of the petition stays the
2820 duty of the appointing insurer to cancel the appointment until
2821 the department grants or denies the petition; and
2822 (c) Any other information that the department reasonably
2823 requires concerning the proposed appointee; and
2824 (d) Effective January 1, 2025, a certification that the
2825 appointing entity obtained from each appointee the following
2826 sworn statement:
2827
2828 Pursuant to section 648.382(2)(b), Florida Statutes, I
2829 do solemnly swear that I owe no premium to any insurer
2830 or agency and that I will discharge all outstanding
2831 forfeitures and judgments on bonds that have been
2832 previously written. I acknowledge that failure to do
2833 this will result in my active appointments being
2834 canceled.
2835
2836 An appointed bail bond agency must have the attestation under
2837 this paragraph signed by its owner.
2838 (3) By authorizing the effectuation of an appointment for a
2839 licensee, the appointing insurer certifies to the department
2840 that the insurer will be bound by the acts of the bail bond
2841 agent or bail bond agency acting within the scope of the agent’s
2842 or agency’s his or her appointment, and, in the case of a
2843 temporary bail bond agent, the appointing insurer, managing
2844 general agent, or bail bond agent, as the case may be, must
2845 certify to the department that he or she will supervise the
2846 temporary bail bond agent’s activities.
2847 (4) Each appointing insurer or, managing general agent, or
2848 bail bond agent must advise the department in writing within 5
2849 days after receiving notice or learning that an appointee has
2850 been arrested for, pled guilty or nolo contendere to, or been
2851 found guilty of, a felony or other offense punishable by
2852 imprisonment of 1 year or more under the law of any
2853 jurisdiction, whether judgment was entered or withheld by the
2854 court.
2855 Section 60. Present subsections (1) through (4) of section
2856 648.386, Florida Statutes, are redesignated as subsections (2)
2857 through (5), respectively, a new subsection (1) is added to that
2858 section, and present subsection (2) of that section is amended,
2859 to read:
2860 648.386 Qualifications for prelicensing and continuing
2861 education schools and instructors.—
2862 (1) DEFINITION OF “CLASSROOM INSTRUCTION”.—As used in this
2863 section, the term “classroom instruction” means a course
2864 designed to be presented to a group of students by a live
2865 instructor using lecture, video, webcast, or virtual or other
2866 audio-video presentation.
2867 (3)(2) SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION
2868 SCHOOLS.—In order to be considered for approval and
2869 certification as an approved limited surety agent and
2870 professional bail bond agent continuing education school, such
2871 entity must:
2872 (a) Provide a minimum of three classroom-instruction
2873 continuing education classes per calendar year.
2874 (b) Submit a course curriculum to the department for
2875 approval.
2876 (c) Offer continuing education classes that comprise which
2877 are comprised of a minimum of 2 hours of approved classroom
2878 instruction coursework and are taught by an approved supervising
2879 instructor or guest lecturer approved by the entity or the
2880 supervising instructor.
2881 Section 61. Section 648.387, Florida Statutes, is amended
2882 to read:
2883 648.387 Primary Bail bond agent in charge agents; duties.—
2884 (1) The owner or operator of a bail bond agency shall
2885 designate a primary bail bond agent in charge for each location,
2886 and shall file with the department the name and license number
2887 of the person and the address of the location on a form approved
2888 by the department. The designation of the primary bail bond
2889 agent in charge may be changed if the department is notified
2890 immediately. Failure to notify the department within 10 working
2891 days after such change is grounds for disciplinary action
2892 pursuant to s. 648.45.
2893 (2) The primary bail bond agent in charge is responsible
2894 for the overall operation and management of a bail bond agency
2895 location, whose responsibilities may include, without
2896 limitations, hiring and supervising of all individuals within
2897 the location, whether they deal with the public in the
2898 solicitation or negotiation of bail bond contracts or in the
2899 collection or accounting of moneys. A person may be designated
2900 as the primary bail bond agent in charge for only one agency and
2901 location.
2902 (3) The department may suspend or revoke the license of the
2903 owner, bail bond agent in charge operator, and primary bail bond
2904 agency agent if the a bail bond agency employs, contracts with,
2905 or uses the services of a person who has had a license denied or
2906 whose license is currently suspended or revoked. However, a
2907 person who has been denied a license for failure to pass a
2908 required examination may be employed to perform clerical or
2909 administrative functions for which licensure is not required.
2910 (4) An owner, a bail bond agent in charge operator, or a
2911 bail bond agency primary agent may not employ, contract with, or
2912 use the services of any person in a bail bond agency who has
2913 been charged with, found guilty of, or pled guilty or nolo
2914 contendere to a felony or a crime punishable by imprisonment of
2915 1 year or more under the law of any jurisdiction, without regard
2916 to whether judgment was entered or withheld by the court.
2917 (5) A bail bond agency location may not conduct surety
2918 business unless a primary bail bond agent in charge is
2919 designated by, and provides services to, the bail bond agency at
2920 all times. If the bail bond agent in charge designated with the
2921 department ends his or her affiliation with the bail bond agency
2922 for any reason, and the bail bond agency fails to designate
2923 another bail bond agent in charge within the 10-day period under
2924 subsection (1) and such failure continues for 90 days, the bail
2925 bond agency license automatically expires on the 91st day after
2926 the date the designated bail bond agent in charge ended his or
2927 her affiliation with the agency The failure to designate a
2928 primary agent on a form prescribed by the department, within 10
2929 working days after an agency’s inception or a change of primary
2930 agent, is a violation of this chapter, punishable as provided in
2931 s. 648.45.
2932 Section 62. Section 648.3875, Florida Statutes, is created
2933 to read:
2934 648.3875 Bail bond agent in charge; qualifications.—
2935 (1) An application for designation as a bail bond agent in
2936 charge must be submitted on forms prescribed by the department.
2937 The application must include the applicant’s full name and the
2938 applicant’s license number issued pursuant to s. 648.27.
2939 (2) To qualify as a bail bond agent in charge, it must
2940 affirmatively appear that, at the time of application and
2941 throughout the period of licensure, the applicant has complied
2942 with s. 648.285 and that the applicant has been licensed as a
2943 bail bond agent for the 24 months immediately preceding the
2944 appointment as the bail bond agent in charge.
2945 Section 63. Section 648.39, Florida Statutes, is amended to
2946 read:
2947 648.39 Termination of appointment of managing general
2948 agents, bail bond agents, and temporary bail bond agencies
2949 agents.—
2950 (1) An insurer that who terminates the appointment of a
2951 managing general agent, bail bond agent, or temporary bail bond
2952 agency agent shall, within 10 days after such termination, file
2953 written notice thereof with the department together with a
2954 statement that it has given or mailed notice to the terminated
2955 agent or agency. Such notice filed with the department must
2956 state the reasons, if any, for such termination. Information so
2957 furnished to the department is confidential and exempt from the
2958 provisions of s. 119.07(1).
2959 (2) Each insurer shall, within 5 days after terminating the
2960 appointment of any managing general agent, bail bond agent, or
2961 temporary bail bond agency agent, give written notice thereof to
2962 each clerk of the circuit court and sheriff with whom such
2963 person is registered.
2964 (3) An insurer that terminates the appointment of a
2965 managing general agent or, bail bond agent, or temporary bail
2966 bond agent may authorize such person to continue to attempt the
2967 arrest and surrender of a defendant for whom a surety bond had
2968 been written by the bail bond agent before prior to termination
2969 and to seek discharge of forfeitures and judgments as provided
2970 in chapter 903.
2971 Section 64. Section 648.41, Florida Statutes, is repealed.
2972 Section 65. Section 648.42, Florida Statutes, is amended to
2973 read:
2974 648.42 Registration of bail bond agents.—A bail bond agent
2975 may not become a surety on an undertaking unless he or she has
2976 registered in the office of the sheriff and with the clerk of
2977 the circuit court in the county in which the bail bond agent
2978 resides. The bail bond agent may register in a like manner in
2979 any other county, and any bail bond agent shall file a certified
2980 copy of his or her appointment by power of attorney from each
2981 insurer which he or she represents as a bail bond agent with
2982 each of such officers. Registration and filing of a certified
2983 copy of renewed power of attorney shall be performed by April 1
2984 of each odd-numbered year. The clerk of the circuit court and
2985 the sheriff may shall not permit the registration of a bail bond
2986 agent unless such bail bond agent is currently licensed by the
2987 department and appointed by an insurer the department. Nothing
2988 in this section shall prevent the registration of a temporary
2989 licensee at the jail for the purposes of enabling the licensee
2990 to perform the duties under such license as set forth in this
2991 chapter.
2992 Section 66. Subsections (1) and (2) and paragraphs (c) and
2993 (d) of subsection (8) of section 648.44, Florida Statutes, are
2994 amended to read:
2995 648.44 Prohibitions; penalty.—
2996 (1) A bail bond agent or temporary bail bond agency agent
2997 may not:
2998 (a) Suggest or advise the employment of, or name for
2999 employment, any particular attorney or attorneys to represent
3000 his or her principal.
3001 (b) Directly or indirectly solicit business in or on the
3002 property or grounds of a jail, prison, or other place where
3003 prisoners are confined or in or on the property or grounds of
3004 any court. The term “solicitation” includes the distribution of
3005 business cards, print advertising, or other written or oral
3006 information directed to prisoners or potential indemnitors,
3007 unless a request is initiated by the prisoner or a potential
3008 indemnitor. Permissible print advertising in the jail is
3009 strictly limited to a listing in a telephone directory and the
3010 posting of the bail bond agent’s or agency’s name, address, e
3011 mail address, web address, and telephone number in a designated
3012 location within the jail.
3013 (c) Initiate in-person or telephone solicitation after 9:00
3014 p.m. or before 8:00 a.m., in the case of domestic violence
3015 cases, at the residence of the detainee or the detainee’s
3016 family. Any solicitation not prohibited by this chapter must
3017 comply with the telephone solicitation requirements in ss.
3018 501.059(2) and (4), 501.613, and 501.616(6).
3019 (d) Wear or display any identification other than the
3020 department issued or approved license or approved department
3021 identification, which includes a citation of the licensee’s
3022 arrest powers, in or on the property or grounds of a jail,
3023 prison, or other place where prisoners are confined or in or on
3024 the property or grounds of any court.
3025 (e) Pay a fee or rebate or give or promise anything of
3026 value to a jailer, police officer, peace officer, or committing
3027 trial court judge or any other person who has power to arrest or
3028 to hold in custody or to any public official or public employee
3029 in order to secure a settlement, compromise, remission, or
3030 reduction of the amount of any bail bond or estreatment thereof.
3031 (f) Pay a fee or rebate or give anything of value to an
3032 attorney in a bail bond matter, except in defense of any action
3033 on a bond.
3034 (g) Pay a fee or rebate or give or promise anything of
3035 value to the principal or anyone in his or her behalf.
3036 (h) Participate in the capacity of an attorney at a trial
3037 or hearing of one on whose bond he or she is surety.
3038 (i) Loiter in or about a jail, courthouse, or where
3039 prisoners are confined.
3040 (j) Accept anything of value from a principal for providing
3041 a bail bond except the premium and transfer fee authorized by
3042 the office, except that the bail bond agent or bail bond agency
3043 may accept collateral security or other indemnity from the
3044 principal or another person in accordance with the provisions of
3045 s. 648.442, together with documentary stamp taxes, if
3046 applicable. No fees, expenses, or charges of any kind shall be
3047 permitted to be deducted from the collateral held or any return
3048 premium due, except as authorized by this chapter or rule of the
3049 department or commission. A bail bond agent or bail bond agency
3050 may, upon written agreement with another party, receive a fee or
3051 compensation for returning to custody an individual who has fled
3052 the jurisdiction of the court or caused the forfeiture of a
3053 bond.
3054 (k) Write more than one power of attorney per charge on a
3055 bond, except in the case of a cosurety, unless the power of
3056 attorney prohibits a cosurety.
3057 (l) Execute a bond in this state on his or her own behalf.
3058 (m) Execute a bond in this state if a judgment has been
3059 entered on a bond executed by the bail bond agent or the bail
3060 bond agency is a named party on the judgment, which has remained
3061 unpaid for 35 days, unless the full amount of the judgment is
3062 deposited with the clerk in accordance with s. 903.27(5).
3063 (n) Make a statement or representation to a court, unless
3064 such statement or representation is under oath. Such statement
3065 or representation may not be false, misleading, or deceptive.
3066 (o) Attempt to collect, through threat or coercion, amounts
3067 due for the payment of any indebtedness related to the issuance
3068 of a bail bond in violation of s. 559.72.
3069 (p) Conduct bail bond business with any person, other than
3070 the defendant, on the grounds of the jail or courthouse for the
3071 purpose of executing a bond.
3072 (2) The following persons or classes may shall not be bail
3073 bond agents, temporary bail bond agents, or employees of a bail
3074 bond agent or a bail bond agency business and may shall not
3075 directly or indirectly receive any benefits from the execution
3076 of any bail bond:
3077 (a) Jailers or persons employed in any jail.
3078 (b) Police officers or employees of any police department
3079 or law enforcement agency.
3080 (c) Committing trial court judges, employees of a court, or
3081 employees of the clerk of any court.
3082 (d) Sheriffs and deputy sheriffs or employees of any
3083 sheriff’s department.
3084 (e) Attorneys.
3085 (f) Persons having the power to arrest or persons who have
3086 authority over or control of federal, state, county, or
3087 municipal prisoners.
3088 (8)
3089 (c) Any law enforcement agency, state attorney’s office,
3090 court clerk, or insurer that is aware that a bail bond agent or
3091 temporary bail bond agent has been convicted of or who has
3092 pleaded guilty or no contest to a crime as described in
3093 paragraph (a) shall notify the department of this fact.
3094 (d) Upon the filing of an information or indictment against
3095 a bail bond agent or temporary bail bond agent, the state
3096 attorney or clerk of the circuit court shall immediately furnish
3097 the department a certified copy of the information or
3098 indictment.
3099 Section 67. Subsection (1) of section 648.441, Florida
3100 Statutes, is amended to read:
3101 648.441 Furnishing supplies to unlicensed bail bond agent
3102 prohibited; civil liability and penalty.—
3103 (1) An insurer, managing general agent, bail bond agent, or
3104 temporary bail bond agency agent appointed under this chapter
3105 may not furnish to any person any blank forms, applications,
3106 stationery, business card, or other supplies to be used in
3107 soliciting, negotiating, or effecting bail bonds until such
3108 person has received from the department a license to act as a
3109 bail bond agent and is appointed by the insurer. This section
3110 does not prohibit an unlicensed employee, under the direct
3111 supervision and control of a licensed and appointed bail bond
3112 agent, from possessing or executing in the bail bond agency, any
3113 forms, except for powers of attorney, bond forms, and collateral
3114 receipts, while acting within the scope of his or her
3115 employment.
3116 Section 68. Subsection (3) of section 648.46, Florida
3117 Statutes, is amended to read:
3118 648.46 Procedure for disciplinary action against
3119 licensees.—
3120 (3) The complaint and all information obtained pursuant to
3121 the investigation of the department are confidential and exempt
3122 from the provisions of s. 119.07(1) until such investigation is
3123 completed or ceases to be active. For the purpose of this
3124 section, an investigation is considered “active” while the
3125 investigation is being conducted by the department with a
3126 reasonable, good faith belief that it may lead to the filing of
3127 administrative, civil, or criminal proceedings. An investigation
3128 does not cease to be active if the department is proceeding with
3129 reasonable dispatch and there is good faith belief that action
3130 may be initiated by the department or other administrative or
3131 law enforcement agency. This subsection does not prevent the
3132 department or office from disclosing the complaint or such
3133 information as it deems necessary to conduct the investigation,
3134 to update the complainant as to the status and outcome of the
3135 complaint, or to share such information with any law enforcement
3136 agency or other regulatory body.
3137 Section 69. Section 648.50, Florida Statutes, is amended to
3138 read:
3139 648.50 Effect of suspension, revocation upon associated
3140 licenses and licensees.—
3141 (1) Upon the suspension, revocation, or refusal to renew or
3142 continue any license or appointment or the eligibility to hold a
3143 license or appointment of a bail bond agent or temporary bail
3144 bond agency agent, the department shall at the same time
3145 likewise suspend or revoke all other licenses or appointments
3146 and the eligibility to hold any other such licenses or
3147 appointments which may be held by the licensee under the Florida
3148 Insurance Code.
3149 (2) In case of the suspension or revocation of the license
3150 or appointment, or the eligibility to hold a license or
3151 appointment, of any bail bond agent, the license, appointment,
3152 or eligibility of any and all bail bond agents who are members
3153 of a bail bond agency, whether incorporated or unincorporated,
3154 and any and all temporary bail bond agents employed by such bail
3155 bond agency, who knowingly are parties to the act which formed
3156 the ground for the suspension or revocation may likewise be
3157 suspended or revoked.
3158 (3) A No person whose license as a bail bond agent or
3159 temporary bail bond agent has been revoked or suspended may not
3160 shall be employed by any bail bond agent, have any ownership
3161 interest in any business involving bail bonds, or have any
3162 financial interest of any type in any bail bond business during
3163 the period of revocation or suspension.
3164 Section 70. Subsections (4) and (6) of section 717.135,
3165 Florida Statutes, are amended to read:
3166 717.135 Recovery agreements and purchase agreements for
3167 claims filed by a claimant’s representative; fees and costs.—
3168 (4) A claimant’s representative must use the Unclaimed
3169 Property Recovery Agreement or the Unclaimed Property Purchase
3170 Agreement as the exclusive means of entering into an agreement
3171 or a contract engaging with a claimant or seller to file a claim
3172 with the department.
3173 (6) A claimant’s representative may not use or distribute
3174 any other agreement of any type, conveyed by any method, form,
3175 or other media with respect to the claimant or seller which
3176 relates, directly or indirectly, to unclaimed property accounts
3177 held by the department or the Chief Financial Officer other than
3178 the agreements authorized by this section. Any engagement,
3179 authorization, recovery, or fee agreement that is not authorized
3180 by this section is void. A claimant’s representative is subject
3181 to administrative and civil enforcement under s. 717.1322 if he
3182 or she uses an agreement that is not authorized by this section.
3183 This subsection does not prohibit lawful nonagreement,
3184 noncontractual, or advertising communications between or among
3185 the parties.
3186 Section 71. Paragraph (a) of subsection (4) of section
3187 843.021, Florida Statutes, is amended to read:
3188 843.021 Unlawful possession of a concealed handcuff key.—
3189 (4)(a) It is a defense to a charge of violating this
3190 section that the person in custody and in possession of a
3191 concealed handcuff key is:
3192 1. A federal, state, or local law enforcement officer,
3193 including a reserve or auxiliary officer, a licensed security
3194 officer, or a private investigator as defined in s. 493.6101; or
3195 2. A professional bail bond agent, temporary bail bond
3196 agent, runner, or limited surety agent as defined in s. 648.25.
3197 Section 72. Subsection (4) of section 631.152, Florida
3198 Statutes, is amended to read:
3199 631.152 Conduct of delinquency proceeding; foreign
3200 insurers.—
3201 (4) Section 631.141(10)(b) 631.141(9)(b) applies to
3202 ancillary delinquency proceedings opened for the purpose of
3203 obtaining records necessary to adjudicate the covered claims of
3204 Florida policyholders.
3205 Section 73. Paragraph (b) of subsection (3) of section
3206 631.398, Florida Statutes, is amended to read:
3207 631.398 Prevention of insolvencies.—To aid in the detection
3208 and prevention of insurer insolvencies or impairments:
3209 (3)
3210 (b) For an insolvency involving a domestic property
3211 insurer, the department shall:
3212 1. Begin an analysis of the history and causes of the
3213 insolvency once the department is appointed by the court as
3214 receiver.
3215 2. Submit an initial report analyzing the history and
3216 causes of the insolvency to the Governor, the President of the
3217 Senate, the Speaker of the House of Representatives, and the
3218 office. The initial report must be submitted no later than 4
3219 months after the department is appointed as receiver. The
3220 initial report shall be updated at least annually until the
3221 submission of the final report. The report may not be used as
3222 evidence in any proceeding brought by the department or others
3223 to recover assets on behalf of the receivership estate as part
3224 of its duties under s. 631.141(9) s. 631.141(8). The submission
3225 of a report under this subparagraph shall not be considered a
3226 waiver of any evidentiary privilege the department may assert
3227 under state or federal law.
3228 3. Provide a special report to the Governor, the President
3229 of the Senate, the Speaker of the House of Representatives, and
3230 the office, within 10 days upon identifying any condition or
3231 practice that may lead to insolvency in the property insurance
3232 marketplace.
3233 4. Submit a final report analyzing the history and causes
3234 of the insolvency and the review of the Office of Insurance
3235 Regulation’s regulatory oversight of the insurer to the
3236 Governor, the President of the Senate, the Speaker of the House
3237 of Representatives, and the office within 30 days of the
3238 conclusion of the insolvency proceeding.
3239 5. Review the Office of Insurance Regulation’s regulatory
3240 oversight of the insurer.
3241 Section 74. Subsection (2) of section 903.09, Florida
3242 Statutes, is amended to read:
3243 903.09 Justification of sureties.—
3244 (2) A bond agent, as defined in s. 648.25 s. 648.25(2),
3245 shall justify her or his suretyship by attaching a copy of the
3246 power of attorney issued by the company to the bond or by
3247 attaching to the bond United States currency, a United States
3248 postal money order, or a cashier’s check in the amount of the
3249 bond; but the United States currency, United States postal money
3250 order, or cashier’s check cannot be used to secure more than one
3251 bond. Nothing herein shall prohibit two or more qualified
3252 sureties from each posting any portion of a bond amount, and
3253 being liable for only that amount, so long as the total posted
3254 by all cosureties is equal to the amount of bond required.
3255 Section 75. (1) The following rules are ratified for the
3256 sole and exclusive purpose of satisfying any condition on the
3257 effectiveness imposed under s. 120.541(3), Florida Statutes:
3258 Rule 69L-7.020, Florida Administrative Code, titled “Florida
3259 Workers’ Compensation Health Care Provider Reimbursement Manual”
3260 as filed for adoption with the Department of State pursuant to
3261 the certification package dated October 22, 2021; Rule 69L
3262 7.730, Florida Administrative Code, titled “Health Care Provider
3263 Medical Billing and Reporting Responsibilities” as filed for
3264 adoption with the Department of State pursuant to the
3265 certification package dated April 6, 2023; and Rule 7.740,
3266 Florida Administrative Code, titled “Insurer Authorization and
3267 Medical Bill Review Responsibilities” as filed for adoption with
3268 the Department of State pursuant to the certification package
3269 dated April 6, 2023.
3270 (2) This section serves no other purpose and may not be
3271 codified in the Florida Statutes. After this section becomes
3272 law, its enactment and effective dates shall be noted in the
3273 Florida Administrative Code, the Florida Administrative
3274 Register, or both, as appropriate. This section does not alter
3275 rulemaking additions delegated by prior law, does not constitute
3276 legislative preemption of or exception to any provision of law
3277 governing adoption or enforcement of the rule cited, and is
3278 intended to preserve the status of any cited rule as a rule
3279 under chapter 120, Florida Statutes. This section does not cure
3280 any rulemaking defect or preempt any challenge based on a lack
3281 of authority or a violation of the legal requirements governing
3282 the adoption of any rule cited.
3283 (3) This section takes effect July 1, 2023.
3284 Section 76. Except as otherwise expressly provided in this
3285 act, this act shall take effect upon becoming a law.