Florida Senate - 2025 SB 1522
By Senator McClain
9-01082A-25 20251522__
1 A bill to be entitled
2 An act relating to the Department of Financial
3 Services; amending s. 17.11, F.S.; revising which
4 subsystem the Chief Financial Officer reports from;
5 amending s. 17.13, F.S.; authorizing the replacement
6 of the Chief Financial Officer’s warrants under
7 certain circumstances; providing that any such
8 replacement warrant has the same validity as the
9 original; amending s. 110.113, F.S.; deleting the
10 department’s authority to make semimonthly salary
11 payments; amending s. 112.215, F.S.; requiring the
12 Chief Financial Officer to adopt specified rules
13 relating to the deferred compensation plan;
14 authorizing certain deferred compensation plans to
15 provide deferral of an employee’s compensation in
16 specified manners; requiring that such plans continue
17 to be included as regular compensation for a specified
18 purpose; prohibiting deferred compensation on a pretax
19 basis from being included in certain computations;
20 requiring that compensation on an after-tax Roth
21 contribution basis be included in certain
22 computations; deleting a provision relating to
23 approval of a deferred compensation plan; revising the
24 conditions under which political subdivisions’ or
25 constitutional county officers’ deferred compensation
26 plans become effective; prohibiting deferred
27 compensation on a pretax basis from being included in
28 certain computations; requiring that compensation on
29 an after-tax Roth contribution basis be included in
30 certain computations; amending s. 215.422, F.S.;
31 authorizing the Chief Financial Officer to adopt rules
32 authorizing advance payments for prepaid multiyear
33 software licenses; authorizing, rather than requiring,
34 specified interest to be paid from specified
35 appropriations; authorizing agencies to pay interest
36 from available appropriations under certain
37 circumstances; amending s. 215.89, F.S.; deleting
38 obsolete provisions; amending s. 215.93, F.S.;
39 revising the contents of the Florida Financial
40 Management Information System; amending s. 215.94,
41 F.S.; specifying that the department is the functional
42 owner of the Financial Management Subsystem; revising
43 the functions of such subsystem; conforming provisions
44 to changes made by the act; amending s. 215.985, F.S.;
45 conforming provisions to changes made by the act;
46 revising the contents of expenditure data; amending
47 ss. 216.102 and 216.141, F.S.; conforming provisions
48 to changes made by the act; amending s. 280.16, F.S.;
49 requiring the qualified public depository of first
50 deposit to investigate, make a certain determination,
51 and return funds under certain circumstances;
52 requiring such funds to be immediately returned to the
53 public depositor in provisional status until a
54 specified time; specifying that failure to complete a
55 certain process may result in suspension or
56 disqualification of the qualified public depositor;
57 amending s. 440.13, F.S.; increasing the timeframe for
58 certain health care providers to petition to resolve
59 utilization and reimbursement disputes; revising
60 requirements for the petitioner; revising the duties
61 of the three-member panel that determines schedules
62 relating to reimbursement allowances; amending s.
63 440.38, F.S.; specifying that an employer may furnish
64 proof that it has the financial strength to pay
65 certain claims on behalf of its wholly or majority
66 owned subsidiaries to secure the payment of
67 compensation; authorizing the department to adopt
68 rules that must be used for certain recommendations;
69 specifying requirements for such rules; making
70 technical changes; amending s. 440.49, F.S.; revising
71 legislative intent and findings; revising the
72 requirements of a required report of the Special
73 Disability Trust Fund; requiring that the report be
74 published on the Division of Workers’ Compensation’s
75 website rather than submitted to the Governor and
76 Legislature; prohibiting, beginning on a specified
77 date, the division from accepting new notices and
78 proofs of claims; specifying that certain proofs of
79 claim are barred from reimbursement; specifying that
80 an accepted claim is only eligible for final
81 reimbursement under certain circumstances; requiring
82 certain determinations in the independent actuarial
83 report; specifying that any claim reimbursement after
84 a certain date will be considered a final request for
85 reimbursement; specifying that the final reimbursement
86 will be a certain amount; requiring that final
87 reimbursements be limited to a specified amount and
88 may include funeral expenses under certain
89 circumstances; requiring the department to pay
90 approved final reimbursement requests in a specified
91 manner; requiring that the final reimbursement
92 extinguishes certain liability; amending s. 440.107,
93 F.S.; authorizing the department to accept a credit
94 card payment for a specified down payment; specifying
95 the result if the credit card is charged back;
96 authorizing the department to issue an order of
97 conditional release from a certain stop-work order and
98 enter into a payment agreement schedule under certain
99 circumstances; creating s. 497.1411, F.S.; defining
100 terms; specifying that certain applicants are barred
101 from licensure under ch. 497, F.S.; specifying that
102 certain applicants are subject to specified
103 disqualification periods; authorizing certain
104 applicants to apply for a license under certain
105 circumstances; authorizing the Division of Funeral,
106 Cemetery, and Consumer Services within the department
107 to issue the license on a probationary basis for a
108 specified time; requiring the Board of Funeral,
109 Cemetery, and Consumer Services to adopt rules;
110 specifying requirements, authorizations, and
111 prohibitions for such rules; specifying when a
112 disqualifying period begins; prohibiting the
113 department from issuing a license to an applicant
114 until it receives proof of certain payments;
115 specifying that the applicant has certain burdens to
116 demonstrate that he or she is qualified for licensure;
117 specifying that certain applicants who have been
118 granted restoration of civil rights are not barred or
119 disqualified from licensure; specifying that such
120 restoration does not require the department to award a
121 license; authorizing the board to grant an exemption
122 from disqualification under certain circumstances;
123 specifying requirements for the applicant in order for
124 the board to grant an exemption; specifying that the
125 board has discretion whether to grant or deny an
126 exemption; specifying that certain decisions are
127 subject to ch. 120, F.S.; providing applicability and
128 construction; amending s. 497.142, F.S.; prohibiting
129 an application from being deemed complete under
130 certain circumstances; revising the list of crimes to
131 be disclosed on a license application; amending s.
132 497.369, F.S.; revising the circumstances under which
133 a licensing authority must issue a license by
134 endorsement to practice embalming; deleting a
135 presumption regarding state, regional, or national
136 examinations; making technical changes; amending s.
137 497.374, F.S.; revising the circumstances under which
138 a licensing authority must issue a license by
139 endorsement to practice funeral directing; deleting a
140 presumption regarding state, regional, or national
141 examinations; making technical changes; amending s.
142 497.376, F.S.; authorizing a person to obtain a
143 specified combination license by meeting certain
144 requirements; revising the circumstances under which
145 an applicant must hold certain educational
146 credentials; amending s. 497.380, F.S.; prohibiting
147 certain square footage required for funeral
148 establishments from including common areas; amending
149 s. 497.386, F.S.; revising the circumstances under
150 which the department may enter and secure certain
151 establishments or facilities; amending s. 497.604,
152 F.S.; prohibiting certain square footage required for
153 the practice of direct disposition from including
154 common areas; amending s. 554.103, F.S.; requiring the
155 department to adopt a specified code; making a
156 clarifying change; amending s. 554.108, F.S.; revising
157 applicability relating to certain inspection
158 requirements; amending s. 554.114, F.S.; prohibiting
159 persons from taking certain actions relating to
160 boilers; amending s. 554.115, F.S.; revising the
161 circumstances under which the department may deny,
162 refuse to renew, suspend, or revoke a certificate;
163 creating s. 554.116, F.S.; requiring owners and users
164 to install a carbon monoxide detector or alarm on
165 certain boilers and fire pressured vessels; creating
166 s. 554.117, F.S.; authorizing the Division of State
167 Fire Marshall to conduct an examination of certain
168 boilers; requiring the division to review certain
169 complaints; amending s. 624.307, F.S.; specifying a
170 limitation on a required response to consumer
171 complaints; amending s. 624.317, F.S.; requiring
172 certain persons to respond within a specified time to
173 a request for documents and information concerning
174 certain investigations; specifying the requirements of
175 such response; authorizing the department or the
176 Office of Insurance Regulation to impose a penalty;
177 amending s. 626.171, F.S.; deleting reinsurance
178 intermediaries from certain application requirements;
179 revising the list of persons from whom the department
180 is required to accept uniform applications; making
181 clarifying changes regarding the voluntary submission
182 of cellular telephone numbers; revising the exemption
183 from the application filing fee for members of the
184 United States Armed Forces; amending s. 626.2815,
185 F.S.; specifying that certain licensees are not
186 required to complete continuing education elective
187 hours; deleting a provision requiring certain
188 licensees to complete elective continuing education
189 courses; amending s. 626.292, F.S.; revising applicant
190 requirements for a license transfer; amending s.
191 626.611, F.S.; revising the grounds for denying an
192 application for, suspending, revoking, or refusing to
193 renew or continuing certain licenses; amending s.
194 626.621, F.S.; revising the grounds for denying an
195 application for, suspending, revoking, or refusing to
196 renew or continuing certain licenses; authorizing the
197 department to require a licensee to submit to an
198 examination or reexamination under certain
199 circumstances; providing construction; specifying
200 grounds for suspension or revocation of certain
201 licenses; amending s. 626.731, F.S.; revising the
202 qualifications for a general lines agent’s license;
203 amending s. 626.785, F.S.; revising the qualifications
204 for a life agent’s license; amending s. 626.831, F.S.;
205 revising the qualifications for a health agent’s
206 license; amending s. 626.8417, F.S.; making a
207 clarifying change; amending s. 626.843, F.S.;
208 requiring the department to cancel appointments of a
209 title agency under certain circumstances; prohibiting
210 the title insurance agency from being eligible for
211 appointment until a specified payment is made;
212 amending s. 626.8473, F.S.; requiring a title agency
213 to disclose certain fees to the consumer before
214 closing; prohibiting such agency from charging fees
215 that were not disclosed as provided in a certain
216 provision; amending s. 626.878, F.S.; requiring
217 adjusters to adhere to certain requirements;
218 prohibiting waivers of the requirements; authorizing
219 the department to adopt rules; amending s. 626.927,
220 F.S.; revising requirements for the licensing of a
221 surplus lines agent for a specified purpose; amending
222 s. 626.938, F.S.; requiring certain insureds and self
223 insurers to maintain certain records; specifying the
224 contents of such records; requiring that such records
225 be available for examination by certain entities
226 without prior notice; requiring certain insurers or
227 captive insurance companies to file with the Florida
228 Surplus Lines Service Office a specified report;
229 amending s. 626.9541, F.S.; conforming a cross
230 reference; amending s. 627.70151, F.S.; authorizing a
231 challenge of an appraiser’s impartially and
232 disqualification of a proposed appraiser under certain
233 conditions; amending s. 627.776, F.S.; revising
234 applicability relating to title insurers; amending s.
235 631.271, F.S.; requiring that certain claims be
236 excluded from Class 2 priority and specifying how such
237 claims must be paid; revising the list of claims that
238 are Class 6 claims; creating s. 633.139, F.S.;
239 defining terms; creating the Florida Firefighter
240 Recruitment Bonus Payment Program for a specified
241 purpose; specifying that bonus payments are contingent
242 upon appropriation and must be prorated subject to the
243 amount of the appropriation; requiring that bonus
244 payments be adjusted to include a specified percentage
245 for a specified tax; requiring the department to
246 develop a specified plan; requiring employing agencies
247 to assist the department with the collection of
248 certain data and provide information to the
249 department; specifying requirements for the
250 department’s plan; requiring the department to consult
251 quarterly with the Division of State Fire Marshal;
252 requiring the department to submit the plan to the
253 Executive Office of the Governor and the chairs of
254 certain legislative appropriations committees by a
255 specified date annually; authorizing the department to
256 submit budget amendments; requiring that the funding
257 allocation for the bonus payment be used for a
258 specified sole purpose; requiring the department to
259 adopt rules; providing for expiration; amending s.
260 633.216, F.S.; revising the requirements for
261 firesafety inspector training; specifying that
262 inservice training does not allow a certain person
263 whose certification has lapsed to continue serving as
264 a firesafety inspector; revising requirements for
265 rules regarding an advanced training and certification
266 program for firesafety inspectors; amending s.
267 634.3077, F.S.; making clarifying changes; authorizing
268 contractual liability insurance policies to pay
269 certain claims under certain circumstances; amending
270 s. 634.406, F.S.; making clarifying changes;
271 authorizing a contractual liability insurance policy
272 to pay certain claims under certain circumstances;
273 amending s. 648.33, F.S.; authorizing bail bond agents
274 to collect certain amounts or fees in addition to the
275 premium required by the insurer; amending s. 791.013,
276 F.S.; deleting the requirement for the Division of
277 Investigative and Forensic Services to dispose of
278 certain samples; amending s. 1001.281, F.S.; deleting
279 the FLAIR number for the Operating Trust Fund;
280 amending s. 1001.282, F.S.; deleting the FLAIR number
281 for the Administrative Trust Fund; providing an
282 effective date.
283
284 Be It Enacted by the Legislature of the State of Florida:
285
286 Section 1. Subsection (2) of section 17.11, Florida
287 Statutes, is amended to read:
288 17.11 To report disbursements made.—
289 (2) The Chief Financial Officer shall report also cause to
290 have reported from the Financial Management Florida Accounting
291 Information Resource Subsystem no less than quarterly the
292 disbursements that which agencies made to small businesses, as
293 defined in the Florida Small and Minority Business Assistance
294 Act; to certified minority business enterprises in the
295 aggregate; and to certified minority business enterprises broken
296 down into categories of minority persons, as well as gender and
297 nationality subgroups. This report must information shall be
298 made available to the agencies, the Office of Supplier
299 Diversity, the Governor, the President of the Senate, and the
300 Speaker of the House of Representatives. Each agency shall be
301 responsible for the accuracy of information entered into the
302 Financial Management Florida Accounting Information Resource
303 Subsystem for use in this reporting.
304 Section 2. Section 17.13, Florida Statutes, is amended to
305 read:
306 17.13 Replacement of To duplicate warrants lost or
307 destroyed.—
308 (1) The Chief Financial Officer shall replace is required
309 to duplicate any Chief Financial Officer’s warrant warrants that
310 may have been lost or destroyed, or may hereafter be lost or
311 destroyed, upon the owner thereof or the owner’s agent or
312 attorney submitting to presenting the Chief Financial Officer a
313 the statement, under oath, reciting the number, date, and amount
314 of the any warrant or the best and most definite description in
315 his or her knowledge and the circumstances of its loss.; If the
316 Chief Financial Officer deems it necessary, the owner or the
317 owner’s agent or attorney must shall file in the office of the
318 Chief Financial Officer a surety bond, or a bond with
319 securities, to be approved by a judge one of the judges of the
320 circuit court or a one of the justices of the Supreme Court
321 justice, in a penalty of not less than twice the amount of any
322 warrant warrants so replaced duplicated, conditioned to
323 indemnify the state and any innocent warrant holders thereof
324 from any damages that may accrue from such replacement
325 duplication.
326 (2) The Chief Financial Officer shall replace is required
327 to duplicate any Chief Financial Officer’s warrant that has may
328 have been lost or destroyed, or may hereafter be lost or
329 destroyed, when sent to any payee through via any state agency
330 when such warrant is lost or destroyed before prior to being
331 received by the payee and provided the director of the state
332 agency to whom the warrant was sent submits presents to the
333 Chief Financial Officer a statement, under oath, reciting the
334 number, date, and amount of the warrant lost or destroyed, the
335 circumstances surrounding the loss or destruction of such
336 warrant, and any additional information that the Chief Financial
337 Officer requests shall request in regard to such warrant.
338 (3) Any replacement duplicate Chief Financial Officer’s
339 warrant issued under this section has in pursuance of the above
340 provisions shall be of the same validity as the original warrant
341 was before its loss.
342 Section 3. Subsection (1) of section 110.113, Florida
343 Statutes, is amended to read:
344 110.113 Pay periods for state officers and employees;
345 salary payments by direct deposit.—
346 (1) The normal pay period for salaries of state officers
347 and employees is shall be 1 month. The Department of Financial
348 Services shall issue either monthly or biweekly salary payments
349 by state warrants or by direct deposit pursuant to s. 17.076 or
350 make semimonthly salary payments by direct deposit pursuant to
351 s. 17.076, as requested by the head of each state agency and
352 approved by the Executive Office of the Governor and the
353 Department of Financial Services.
354 Section 4. Paragraph (f) is added to subsection (4) of
355 section 112.215, Florida Statutes, and subsection (6) of that
356 section is amended, to read:
357 112.215 Government employees; deferred compensation
358 program.—
359 (4)
360 (f) The Chief Financial Officer must adopt rules relating
361 to all the material terms and conditions for benefits under the
362 plan, including optional features of the plan permitted by 26
363 U.S.C. s. 457.
364 (6)(a) The deferred compensation plans authorized and
365 approved under this section may provide for the deferral of an
366 employee’s compensation on either a pretax basis or an after-tax
367 Roth contribution basis under a qualified Roth contribution
368 program pursuant to s. 402A of the Internal Revenue Code. Any
369 compensation deferred under such a deferred compensation plan,
370 including an individual’s compensation deferred on either a
371 pretax basis or an after-tax Roth contribution basis under a
372 qualified Roth contribution program pursuant to s. 402A of the
373 Internal Revenue Code, must continue to be included as regular
374 compensation for the purpose of computing the retirement,
375 pension, or social security contributions made or benefits
376 earned by any employee. Any sum deferred on a pretax basis may
377 not be included in the computation of any federal or state taxes
378 withheld on behalf of any such individual at the time of
379 deferral. Any sum deferred on an after-tax Roth contribution
380 basis pursuant to a qualified Roth contribution program under s.
381 402A of the Internal Revenue Code must be included in the
382 computation of any federal or state taxes withheld on behalf of
383 any such individual at the time of deferral No deferred
384 compensation plan of the state shall become effective until
385 approved by the State Board of Administration and the Chief
386 Financial Officer is satisfied by opinion from such federal
387 agency or agencies as may be deemed necessary that the
388 compensation deferred thereunder and/or the investment products
389 purchased pursuant to the plan will not be included in the
390 employee’s taxable income under federal or state law until it is
391 actually received by such employee under the terms of the plan,
392 and that such compensation will nonetheless be deemed
393 compensation at the time of deferral for the purposes of social
394 security coverage, for the purposes of the state retirement
395 system, and for any other retirement, pension, or benefit
396 program established by law.
397 (b) A No deferred compensation plan of a county,
398 municipality, other political subdivision, or constitutional
399 county officer may not shall become effective until the
400 appropriate official or body designated under subsection (5) is
401 satisfied that such plan of deferred compensation may provide
402 for the deferral of an individual’s compensation on either a
403 pretax basis or an after-tax Roth contribution basis under a
404 qualified Roth contribution program pursuant to s. 402A of the
405 Internal Revenue Code by opinion from such federal agency or
406 agencies as may be deemed necessary that the compensation
407 deferred thereunder and/or the investment products purchased
408 pursuant to the plan will not be included in the employee’s
409 taxable income under federal or state law until it is actually
410 received by such employee under the terms of the plan, and that
411 such compensation will nonetheless be deemed compensation at the
412 time of deferral for the purposes of social security coverage,
413 for the purposes of the retirement system of the appropriate
414 county, municipality, political subdivision, or constitutional
415 county officer, and for any other retirement, pension, or
416 benefit program established by law. Any sum deferred on a pretax
417 basis may not be included in the computation of any federal or
418 state taxes withheld on behalf of any such individual at the
419 time of deferral. Any sum deferred on an after-tax Roth
420 contribution basis pursuant to a qualified Roth contribution
421 program under s. 402A of the Internal Revenue Code must be
422 included in the computation of any federal or state taxes
423 withheld on behalf of any such individual at the time of
424 deferral.
425 Section 5. Subsections (15) and (16) of section 215.422,
426 Florida Statutes, are amended to read:
427 215.422 Payments, warrants, and invoices; processing time
428 limits; dispute resolution; agency or judicial branch
429 compliance.—
430 (15) The Chief Financial Officer may adopt rules to
431 authorize advance payments for goods and services, including,
432 but not limited to, maintenance agreements and subscriptions,
433 including prepaid multiyear software licenses. Such rules must
434 shall provide objective criteria for determining when it is in
435 the best interest of the state to make payments in advance and
436 must shall also provide for adequate protection to ensure that
437 such goods or services will be provided.
438 (16) Nothing contained in This section may not shall be
439 construed to be an appropriation. Any interest that which
440 becomes due and owing pursuant to this section may shall only be
441 paid payable from the appropriation charged for such goods or
442 services. If insufficient funds are available within the
443 appropriation charged for such goods or services, the agency
444 must pay the interest from an available appropriation.
445 Section 6. Subsection (3) of section 215.89, Florida
446 Statutes, is amended to read:
447 215.89 Charts of account.—
448 (3) REPORTING STRUCTURE.—
449 (a) The Chief Financial Officer shall accept comments from
450 state agencies, local governments, educational entities,
451 entities of higher education, and other interested parties
452 regarding the proposed charts of account until November 1, 2013.
453 (b) By January 15, 2014, the Chief Financial Officer, after
454 consultation with affected state agencies, local governments,
455 educational entities, entities of higher education, and the
456 Auditor General, shall submit to the Governor, the President of
457 the Senate, and the Speaker of the House of Representatives a
458 report recommending a uniform charts of account which requires
459 specific enterprise-wide information related to revenues and
460 expenditures of state agencies, local governments, educational
461 entities, and entities of higher education. The report must
462 include the estimated cost of adopting and implementing a
463 uniform enterprise-wide charts of account.
464 Section 7. Paragraph (b) of subsection (1) of section
465 215.93, Florida Statutes, is amended to read:
466 215.93 Florida Financial Management Information System.—
467 (1) To provide the information necessary to carry out the
468 intent of the Legislature, there shall be a Florida Financial
469 Management Information System. The Florida Financial Management
470 Information System shall be fully implemented and shall be
471 upgraded as necessary to ensure the efficient operation of an
472 integrated financial management information system and to
473 provide necessary information for the effective operation of
474 state government. Upon the recommendation of the coordinating
475 council and approval of the board, the Florida Financial
476 Management Information System may require data from any state
477 agency information system or information subsystem or may
478 request data from any judicial branch information system or
479 information subsystem that the coordinating council and board
480 have determined to have statewide financial management
481 significance. Each functional owner information subsystem within
482 the Florida Financial Management Information System shall be
483 developed in such a fashion as to allow for timely, positive,
484 preplanned, and prescribed data transfers between the Florida
485 Financial Management Information System functional owner
486 information subsystems and from other information systems. The
487 principal unit of the system shall be the functional owner
488 information subsystem, and the system shall include, but shall
489 not be limited to, the following:
490 (b) Florida Accounting Information Resource Subsystem.
491 Section 8. Subsections (2) and (3) of section 215.94,
492 Florida Statutes, are amended to read:
493 215.94 Designation, duties, and responsibilities of
494 functional owners.—
495 (2) The Department of Financial Services is shall be the
496 functional owner of the Financial Management Florida Accounting
497 Information Resource Subsystem established pursuant to ss.
498 17.03, 215.86, 216.141, and 216.151 and further developed in
499 accordance with the provisions of ss. 215.90-215.96. The
500 subsystem must shall include, but is shall not be limited to,
501 the following functions:
502 (a) Accounting and reporting so as to provide timely data
503 for producing financial statements for the state in accordance
504 with generally accepted accounting principles.
505 (b) Auditing and settling claims against the state.
506 (c) Recording and reconciling credits and debits to
507 treasury fund accounts.
508 (d) Monitoring cash levels and activities in state bank
509 accounts.
510 (e) Recording and reconciling credits and debits of
511 investments of cash.
512 (f) Administering the provisions of the Federal Cash
513 Management Improvement Act of 1990.
514 (3) The Chief Financial Officer shall be the functional
515 owner of the Financial Management Subsystem. The Chief Financial
516 Officer shall design, implement, and operate the subsystem in
517 accordance with the provisions of ss. 215.90-215.96. The
518 subsystem shall include, but shall not be limited to, functions
519 for:
520 (a) Recording and reconciling credits and debits to
521 treasury fund accounts.
522 (b) Monitoring cash levels and activities in state bank
523 accounts.
524 (c) Monitoring short-term investments of idle cash.
525 (d) Administering the provisions of the Federal Cash
526 Management Improvement Act of 1990.
527 Section 9. Paragraph (a) of subsection (4) of section
528 215.985, Florida Statutes, is amended to read:
529 215.985 Transparency in government spending.—
530 (4) The Executive Office of the Governor, in consultation
531 with the appropriations committees of the Senate and the House
532 of Representatives, shall establish and maintain a website that
533 provides information relating to the approved operating budget
534 for each branch of state government and state agency.
535 (a) At a minimum, the information must include:
536 1. Disbursement data for each appropriation by the object
537 code associated with each expenditure established within the
538 Financial Management Florida Accounting Information Resource
539 Subsystem. Expenditure data must include the name of the payee,
540 the date of the expenditure, the amount of the expenditure, and
541 the voucher statewide document number. Such data must be
542 searchable by the name of the payee, the paying agency, and
543 fiscal year, and must be downloadable in a format that allows
544 offline analysis.
545 2. For each appropriation, any adjustments, including
546 vetoes, approved supplemental appropriations included in
547 legislation other than the General Appropriations Act, budget
548 amendments, other actions approved pursuant to chapter 216, and
549 other adjustments authorized by law.
550 3. Status of spending authority for each appropriation in
551 the approved operating budget, including released, unreleased,
552 reserved, and disbursed balances.
553 4. Position and rate information for positions provided in
554 the General Appropriations Act or approved through an amendment
555 to the approved operating budget and position information for
556 positions established in the legislative branch.
557 5. Allotments for planned expenditures of state
558 appropriations established by state agencies in the Financial
559 Management Florida Accounting Information Resource Subsystem,
560 and the current balances of such allotments.
561 6. Trust fund balance reports, including cash available,
562 investments, and receipts.
563 7. General revenue fund balance reports, including revenue
564 received and amounts disbursed.
565 8. Fixed capital outlay project data, including original
566 appropriation and disbursements throughout the life of the
567 project.
568 9. A 10-year history of appropriations indicated by agency.
569 10. Links to state audits or reports related to the
570 expenditure and dispersal of state funds.
571 11. Links to program or activity descriptions for which
572 funds may be expended.
573 Section 10. Subsections (1) and (2) and paragraph (f) of
574 subsection (3) of section 216.102, Florida Statutes, are amended
575 to read:
576 216.102 Filing of financial information; handling by Chief
577 Financial Officer; penalty for noncompliance.—
578 (1) By September 30 of each year, each agency supported by
579 any form of taxation, licenses, fees, imposts, or exactions, the
580 judicial branch, and, for financial reporting purposes, each
581 component unit of the state as determined by the Chief Financial
582 Officer shall prepare, using generally accepted accounting
583 principles, and file with the Chief Financial Officer the
584 financial and other information necessary for the preparation of
585 annual financial statements for the State of Florida as of June
586 30. In addition, each such agency and the judicial branch shall
587 prepare financial statements showing the financial position and
588 results of agency or branch operations as of June 30 for
589 internal management purposes.
590 (a) Each state agency and the judicial branch shall record
591 the receipt and disbursement of funds from federal sources in a
592 form and format prescribed by the Chief Financial Officer. The
593 access to federal funds by the administering agencies or the
594 judicial branch may not be authorized until:
595 1. The deposit has been recorded in the Financial
596 Management Florida Accounting Information Resource Subsystem
597 using proper, consistent codes that designate deposits as
598 federal funds.
599 2. The deposit and appropriate recording required by this
600 paragraph have been verified by the office of the Chief
601 Financial Officer.
602 (b) The Chief Financial Officer shall publish a statewide
603 policy detailing the requirements for recording receipt and
604 disbursement of federal funds into the Financial Management
605 Florida Accounting Information Resource Subsystem and provide
606 technical assistance to the agencies and the judicial branch to
607 implement the policy.
608 (2) Financial information must be contained within the
609 Financial Management Florida Accounting Information Resource
610 Subsystem. Other information must be submitted in the form and
611 format prescribed by the Chief Financial Officer.
612 (a) Each component unit shall file financial information
613 and other information necessary for the preparation of annual
614 financial statements with the agency or branch designated by the
615 Chief Financial Officer by the date specified by the Chief
616 Financial Officer.
617 (b) The state agency or branch designated by the Chief
618 Financial Officer to receive financial information and other
619 information from component units shall include the financial
620 information in the Financial Management Florida Accounting
621 Information Resource Subsystem and shall include the component
622 units’ other information in its submission to the Chief
623 Financial Officer.
624 (3) The Chief Financial Officer shall:
625 (f) Consult with and elicit comments from the Executive
626 Office of the Governor on changes to the Financial Management
627 Florida Accounting Information Resource Subsystem which clearly
628 affect the accounting of federal funds, so as to ensure
629 consistency of information entered into the Federal Aid Tracking
630 System by state executive and judicial branch entities. While
631 efforts must shall be made to ensure the compatibility of the
632 Financial Management Florida Accounting Information Resource
633 Subsystem and the Federal Aid Tracking System, any successive
634 systems serving identical or similar functions must shall
635 preserve such compatibility.
636
637 The Chief Financial Officer may furnish and publish in
638 electronic form the financial statements and the annual
639 comprehensive financial report required under paragraphs (a),
640 (b), and (c).
641 Section 11. Subsection (3) of section 216.141, Florida
642 Statutes, is amended to read:
643 216.141 Budget system procedures; planning and programming
644 by state agencies.—
645 (3) The Chief Financial Officer, as chief fiscal officer,
646 shall use the Financial Management Florida Accounting
647 Information Resource Subsystem developed pursuant to s.
648 215.94(2) for account purposes in the performance of and
649 accounting for all of his or her constitutional and statutory
650 duties and responsibilities. However, state agencies and the
651 judicial branch continue to be responsible for maintaining
652 accounting records necessary for effective management of their
653 programs and functions.
654 Section 12. Subsection (4) is added to section 280.16,
655 Florida Statutes, to read:
656 280.16 Requirements of qualified public depositories;
657 confidentiality.—
658 (4) Within 90 days after receipt of an affidavit of fraud
659 against a public deposit account, the qualified public
660 depository of first deposit shall investigate and make a
661 determination on the affidavit’s accuracy and return the funds
662 to the depositor if it has been determined that there is an act
663 of fraud against the public deposit account. If no determination
664 can be made within 90 days, the funds must be immediately
665 returned to the public depositor, from the qualified public
666 depositor of first deposit, in provisional status until such
667 determination is completed. Failure to complete the
668 determination process or return the funds within 90 days may
669 result in suspension or disqualification of the qualified public
670 depositor.
671 Section 13. Paragraph (a) of subsection (7) and paragraph
672 (j) of subsection (12) of section 440.13, Florida Statutes, are
673 amended to read:
674 440.13 Medical services and supplies; penalty for
675 violations; limitations.—
676 (7) UTILIZATION AND REIMBURSEMENT DISPUTES.—
677 (a) Any health care provider who elects to contest the
678 disallowance or adjustment of payment by a carrier under
679 subsection (6) must, within 60 45 days after receipt of notice
680 of disallowance or adjustment of payment, petition the
681 department to resolve the dispute. The petitioner must serve, by
682 certified mail or by common carrier with a verifiable tracking
683 number, a copy of the petition on the carrier and on all
684 affected parties listed on the notice of disallowance or
685 adjustment by certified mail. The petition must be accompanied
686 by all documents and records that support the allegations
687 contained in the petition. Failure of a petitioner to submit
688 such documentation to the department results in dismissal of the
689 petition.
690 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
691 REIMBURSEMENT ALLOWANCES.—
692 (j) In addition to establishing the uniform schedule of
693 maximum reimbursement allowances, the panel shall:
694 1. Take testimony, receive records, and collect data to
695 evaluate the adequacy of the workers’ compensation fee schedule,
696 nationally recognized fee schedules and alternative methods of
697 reimbursement to health care providers and health care
698 facilities for inpatient and outpatient treatment and care.
699 2. Survey health care providers and health care facilities
700 to determine the availability and accessibility of workers’
701 compensation health care delivery systems for injured workers.
702 3. Survey carriers to determine the estimated impact on
703 carrier costs and workers’ compensation premium rates by
704 implementing changes to the carrier reimbursement schedule or
705 implementing alternative reimbursement methods.
706 4. Submit recommendations on or before January 15, 2030
707 2017, and every 5 years biennially thereafter, to the President
708 of the Senate and the Speaker of the House of Representatives on
709 methods to improve the workers’ compensation health care
710 delivery system.
711
712 The department, as requested, shall provide data to the panel,
713 including, but not limited to, utilization trends in the
714 workers’ compensation health care delivery system. The
715 department shall provide the panel with an annual report
716 regarding the resolution of medical reimbursement disputes and
717 any actions pursuant to subsection (8). The department shall
718 provide administrative support and service to the panel to the
719 extent requested by the panel. The department may adopt rules
720 pursuant to ss. 120.536(1) and 120.54 to implement this
721 subsection. For prescription medication purchased under the
722 requirements of this subsection, a dispensing practitioner shall
723 not possess such medication unless payment has been made by the
724 practitioner, the practitioner’s professional practice, or the
725 practitioner’s practice management company or employer to the
726 supplying manufacturer, wholesaler, distributor, or drug
727 repackager within 60 days of the dispensing practitioner taking
728 possession of that medication.
729 Section 14. Subsection (1) of section 440.38, Florida
730 Statutes, is amended to read:
731 440.38 Security for compensation; insurance carriers and
732 self-insurers.—
733 (1) Every employer shall secure the payment of compensation
734 under this chapter by doing any of the following:
735 (a) By Insuring and keeping insured the payment of such
736 compensation with any stock company or mutual company or
737 association or exchange, authorized to do business in the
738 state.;
739 (b) By Furnishing satisfactory proof to the Florida Self
740 Insurers Guaranty Association, Incorporated, created in s.
741 440.385, that it has the financial strength necessary to ensure
742 timely payment of all current and future claims individually and
743 on behalf of its wholly or majority owned subsidiaries
744 subsidiary and affiliated companies with employees in this state
745 and receiving an authorization from the department to pay such
746 compensation directly. The association shall review the
747 financial strength of applicants for membership, current
748 members, and former members and make recommendations to the
749 department regarding their qualifications to self-insure in
750 accordance with this section and ss. 440.385 and 440.386. The
751 department shall act in accordance with the recommendations
752 unless it finds by clear and convincing evidence that the
753 recommendations are erroneous.
754 1. As a condition of authorization under this paragraph
755 paragraph (a), the association may recommend that the department
756 require an employer to deposit with the association a qualifying
757 security deposit. The association shall recommend the type and
758 amount of the qualifying security deposit and shall prescribe
759 conditions for the qualifying security deposit, which shall
760 include authorization for the association to call the qualifying
761 security deposit in the case of default to pay compensation
762 awards and related expenses of the association. The department
763 may adopt rules under ss. 120.54 and 120.536(1) regarding the
764 requirements that the association must use when recommending the
765 amount and conditions of the qualifying security deposit. Such
766 rules must reference long-term issuer credit ratings from
767 Moody’s Ratings, S&P Global Ratings, Fitch Ratings, or an
768 equivalent rating calculated using the methodology of one of
769 these credit rating services. As a condition to authorization to
770 self-insure, the employer shall provide proof that the employer
771 has provided for competent personnel with whom to deliver
772 benefits and to provide a safe working environment. The employer
773 shall also provide evidence that it carries reinsurance at
774 levels that will ensure the financial strength and actuarial
775 soundness of such employer in accordance with rules adopted by
776 the department. The department may by rule require that, in the
777 event of an individual self-insurer’s insolvency, such
778 qualifying security deposits and reinsurance policies are
779 payable to the association. Any employer securing compensation
780 in accordance with the provisions of this paragraph shall be
781 known as a self-insurer and shall be classed as a carrier of her
782 or his own insurance. The employer shall, if requested, provide
783 the association an actuarial report signed by a member of the
784 American Academy of Actuaries providing an opinion of the
785 appropriate present value of the reserves, using a 4-percent
786 discount rate, for current and future compensation claims. If
787 any member or former member of the association refuses to timely
788 provide such a report, the association may obtain an order from
789 a circuit court requiring the member to produce such a report
790 and ordering any other relief that the court determines is
791 appropriate. The association may recover all reasonable costs
792 and attorney’s fees in such proceedings.
793 2. If the employer fails to maintain the foregoing
794 requirements, the association shall recommend to the department
795 that the department revoke the employer’s authority to self
796 insure, unless the employer provides to the association the
797 certified opinion of an independent actuary who is a member of
798 the American Academy of Actuaries as to the actuarial present
799 value of the employer’s determined and estimated future
800 compensation payments based on cash reserves, using a 4-percent
801 discount rate, and a qualifying security deposit equal to 1.5
802 times the value so certified. The employer shall thereafter
803 annually provide such a certified opinion until such time as the
804 employer meets the requirements of subparagraph 1. The
805 qualifying security deposit shall be adjusted at the time of
806 each such annual report. Upon the failure of the employer to
807 timely provide such opinion or to timely provide a security
808 deposit in an amount equal to 1.5 times the value certified in
809 the latest opinion, the association shall provide that
810 information to the department along with a recommendation, and
811 the department shall then revoke such employer’s authorization
812 to self-insure. Failure to comply with this subparagraph
813 constitutes an immediate serious danger to the public health,
814 safety, or welfare sufficient to justify the summary suspension
815 of the employer’s authorization to self-insure pursuant to s.
816 120.68.
817 3. Upon the suspension or revocation of the employer’s
818 authorization to self-insure, the employer shall provide to the
819 association the certified opinion of an independent actuary who
820 is a member of the American Academy of Actuaries of the
821 actuarial present value of the determined and estimated future
822 compensation payments of the employer for claims incurred while
823 the member exercised the privilege of self-insurance, using a
824 discount rate of 4 percent. The employer shall provide such an
825 opinion at 6-month intervals thereafter until such time as the
826 latest opinion shows no remaining value of claims. With each
827 such opinion, the employer shall deposit with the association a
828 qualifying security deposit in an amount equal to the value
829 certified by the actuary. The association has a cause of action
830 against an employer, and against any successor of the employer,
831 who fails to timely provide such opinion or who fails to timely
832 maintain the required security deposit with the association. The
833 association shall recover a judgment in the amount of the
834 actuarial present value of the determined and estimated future
835 compensation payments of the employer for claims incurred while
836 the employer exercised the privilege of self-insurance, together
837 with attorney’s fees. For purposes of this section, the
838 successor of an employer means any person, business entity, or
839 group of persons or business entities, which holds or acquires
840 legal or beneficial title to the majority of the assets or the
841 majority of the shares of the employer.
842 4. A qualifying security deposit shall consist, at the
843 option of the employer, of:
844 a. Surety bonds, in a form and containing such terms as
845 prescribed by the association, issued by a corporation surety
846 authorized to transact surety business by the office, and whose
847 policyholders’ and financial ratings, as reported in A.M. Best’s
848 Insurance Reports, Property-Liability, are not less than “A” and
849 “V”, respectively.
850 b. Irrevocable letters of credit in favor of the
851 association issued by financial institutions located within this
852 state, the deposits of which are insured through the Federal
853 Deposit Insurance Corporation.
854 5. The qualifying security deposit shall be held by the
855 association exclusively for the benefit of workers’ compensation
856 claimants. The security shall not be subject to assignment,
857 execution, attachment, or any legal process whatsoever, except
858 as necessary to guarantee the payment of compensation under this
859 chapter. No surety bond may be terminated, and no letter of
860 credit may be allowed to expire, without 90 days’ prior written
861 notice to the association and deposit by the self-insuring
862 employer of some other qualifying security deposit of equal
863 value within 10 business days after such notice. Failure to
864 provide such written notice or failure to timely provide
865 qualifying replacement security after such notice shall
866 constitute grounds for the association to call or sue upon the
867 surety bond or to exercise its rights under a letter of credit.
868 Current self-insured employers must comply with this section on
869 or before December 31, 2001, or upon the maturity of existing
870 security deposits, whichever occurs later. The department may
871 specify by rule the amount of the qualifying security deposit
872 required prior to authorizing an employer to self-insure and the
873 amount of net worth required for an employer to qualify for
874 authorization to self-insure.;
875 (c) By entering into a contract with a public utility under
876 an approved utility-provided self-insurance program as set forth
877 in s. 624.46225 in effect as of July 1, 1983. The department
878 shall adopt rules to implement this paragraph.;
879 (d) By entering into an interlocal agreement with other
880 local governmental entities to create a local government pool
881 pursuant to s. 624.4622.; or
882 (e) By entering into a contract with an individual self
883 insurer under an approved individual self-insurer-provided self
884 insurance program as set forth in s. 624.46225. The department
885 may adopt rules to administer this subsection.
886 Section 15. Subsection (1) and paragraph (d) of subsection
887 (8) of section 440.49, Florida Statutes, are amended, and
888 subsection (12) is added to that section, to read:
889 440.49 Limitation of liability for subsequent injury
890 through Special Disability Trust Fund.—
891 (1) LEGISLATIVE INTENT AND FINDINGS.—
892 (a) Whereas it is often difficult for workers with
893 disabilities to achieve employment or to become reemployed
894 following an injury, and it is the desire of the Legislature to
895 facilitate the return of these workers to the workplace, it is
896 the purpose of this section to encourage the employment,
897 reemployment, and accommodation of the physically disabled by
898 reducing an employer’s insurance premium for reemploying an
899 injured worker, to decrease litigation between carriers on
900 apportionment issues, and to protect employers from excess
901 liability for compensation and medical expense when an injury to
902 a physically disabled worker merges with, aggravates, or
903 accelerates her or his preexisting permanent physical impairment
904 to cause either a greater disability or permanent impairment, or
905 an increase in expenditures for temporary compensation or
906 medical benefits than would have resulted from the injury alone.
907 The department or the administrator shall inform all employers
908 of the existence and function of the fund and shall interpret
909 eligibility requirements liberally. However, this subsection may
910 shall not be construed to create or provide any benefits for
911 injured employees or their dependents not otherwise provided by
912 this chapter. The entitlement of an injured employee or her or
913 his dependents to compensation under this chapter must shall be
914 determined without regard to this subsection, the provisions of
915 which shall be considered only in determining whether an
916 employer or carrier who has paid compensation under this chapter
917 is entitled to reimbursement from the Special Disability Trust
918 Fund.
919 (b) Whereas this section does not apply to accidents or
920 injuries causing subsequent injury or disability occurring on or
921 after January 1, 1998. The Legislature finds that the indefinite
922 existence of the fund creates administrative costs for the
923 administration of a decreasing number of claims. The Legislature
924 further finds that the fund is maintained by assessments on all
925 carriers. Florida workers’ compensation carriers authorized on
926 or after January 1, 1998, are subject to the fund assessment but
927 do not have any claims eligible for reimbursement by the fund.
928 Beginning July 1, 2025, it is the intent of the Legislature that
929 the liabilities of the fund be extinguished and the fund be
930 closed in an orderly fashion.
931 (8) SPECIAL DISABILITY TRUST FUND.—
932 (d) The department or administrator shall report annually
933 on the status of the Special Disability Trust Fund. The report
934 must shall update the estimated undiscounted and discounted fund
935 liability, as determined by an independent actuary, change in
936 the total number of notices of claim on file with the fund in
937 addition to the number of newly filed notices of claim, change
938 in the number of proofs of claim processed by the fund, the
939 estimated outstanding losses per claim using a life annuity
940 method, the fee revenues refunded and revenues applied to pay
941 down the liability of the fund, the average time required to
942 reimburse accepted claims, and the average administrative costs
943 per claim. The department or administrator shall submit its
944 report to the Governor, the President of the Senate, and the
945 Speaker of the House of Representatives By December 1 of each
946 year, the report must be published on the division’s website.
947 (12) FINAL REIMBURSEMENT.—
948 (a) Notwithstanding subsection (7), beginning July 1, 2026,
949 the division may not accept new notices or proofs of claim. Any
950 proof of claim that has not received an offer letter on or
951 before December 31, 2026, is barred from reimbursement.
952 (b) Notwithstanding other provisions of this section, an
953 accepted claim is only eligible for final reimbursement if the
954 carrier submitted a request for reimbursement on an accepted
955 claim in fiscal years 2026-2027 or 2027-2028.
956 (c) The department’s or administrator’s status report as
957 specified in paragraph (8)(d) must estimate the outstanding
958 losses for each claim. On or after July 1, 2028, any claim
959 reimbursement will be considered a final request for
960 reimbursement. The final reimbursement amount for the requested
961 claim will be the estimated outstanding loss value for the claim
962 as calculated in the 2028 edition of the report, discounted to a
963 present value of 4 percent.
964 (d) A request for final reimbursement after the death of
965 the claimant must be limited to the eligible benefits paid on or
966 before the date of death and may include funeral expenses.
967 (e) The department shall pay the approved final
968 reimbursement requests on a first-in, first-out basis reflecting
969 the order in which the reimbursement requests were received, as
970 funds are or become available.
971 (f) The final reimbursement made pursuant to this
972 subsection extinguishes the liability of the fund as to that
973 claim.
974 Section 16. Paragraph (a) of subsection (7) of section
975 440.107, Florida Statutes, is amended to read:
976 440.107 Department powers to enforce employer compliance
977 with coverage requirements.—
978 (7)(a) Whenever the department determines that an employer
979 who is required to secure the payment to his or her employees of
980 the compensation provided for by this chapter has failed to
981 secure the payment of workers’ compensation required by this
982 chapter or to produce the required business records under
983 subsection (5) within 21 days after receipt of the written
984 request of the department, such failure shall be deemed an
985 immediate serious danger to public health, safety, or welfare
986 sufficient to justify service by the department of a stop-work
987 order on the employer, requiring the cessation of all business
988 operations. If the department makes such a determination, the
989 department must shall issue a stop-work order within 72 hours.
990 The order shall take effect when served upon the employer or,
991 for a particular employer worksite, when served at that
992 worksite. In addition to serving a stop-work order at a
993 particular worksite which shall be effective immediately, the
994 department shall immediately proceed with service upon the
995 employer which shall be effective upon all employer worksites in
996 the state for which the employer is not in compliance. A stop
997 work order may be served with regard to an employer’s worksite
998 by posting a copy of the stop-work order in a conspicuous
999 location at the worksite. Information related to an employer’s
1000 stop-work order must shall be made available on the division’s
1001 website and remain on the website for at least 5 years. The
1002 order must shall remain in effect until the department issues an
1003 order releasing the stop-work order upon a finding that the
1004 employer has come into compliance with the coverage requirements
1005 of this chapter and has paid any penalty assessed under this
1006 section. The department may issue an order of conditional
1007 release from a stop-work order to an employer upon a finding
1008 that the employer has complied with the coverage requirements of
1009 this chapter, paid a penalty of $1,000 as a down payment, and
1010 agreed to remit periodic payments of the remaining penalty
1011 amount pursuant to a payment agreement schedule with the
1012 department or pay the remaining penalty amount in full. An
1013 employer may not enter into a payment agreement schedule unless
1014 the employer has fully paid any previous penalty assessed under
1015 this section. If an order of conditional release is issued,
1016 failure by the employer to pay the penalty in full or enter into
1017 a payment agreement with the department within 21 days after
1018 service of the first penalty assessment calculation upon the
1019 employer, or to meet any term or condition of such penalty
1020 payment agreement, must shall result in the immediate
1021 reinstatement of the stop-work order and the entire unpaid
1022 balance of the penalty becoming shall become immediately due.
1023 The department may accept a credit card payment for the $1,000
1024 down payment. Chargeback of the credit card payment must result
1025 in the immediate reinstatement of the stop-work order and, if a
1026 penalty assessment calculation has been served on the employer,
1027 the entire unpaid balance of the penalty becomes immediately
1028 due, or if a penalty assessment calculation has not been served
1029 on the employer, the entire balance of the penalty becomes
1030 immediately due upon service. The department may issue an order
1031 of conditional release from the reinstated stop-work order upon
1032 payment of the $1,000 down payment by cashier’s check or money
1033 order and if otherwise eligible, may enter into a payment
1034 agreement schedule for periodic payment of the remaining penalty
1035 amount.
1036 Section 17. Section 497.1411, Florida Statutes, is created
1037 to read:
1038 497.1411 Disqualification of applicants and licenses;
1039 penalties against licensees; rulemaking.—
1040 (1) For purposes of this section, the term:
1041 (a) “Applicant” means an individual applying for licensure
1042 or relicensure under this chapter, and an officer, a director, a
1043 majority owner, a partner, a manager, or other person who
1044 manages or controls an entity applying for licensure or
1045 relicensure under this chapter.
1046 (b) “Felony of the first degree” and “capital felony”
1047 include such classified felonies as defined in s. 775.081.
1048 (2) An applicant who has been found guilty of or has
1049 pleaded guilty or nolo contendere to any of the following
1050 crimes, regardless of adjudication, is permanently barred from
1051 licensure under this chapter:
1052 (a) A felony of the first degree.
1053 (b) A felony directly or indirectly involving conduct
1054 regulated under this chapter.
1055 (3) An applicant who has been found guilty of or has
1056 pleaded guilty or nolo contendere to a crime not included in
1057 subsection (2), regardless of adjudication, is subject to:
1058 (a) A 10-year disqualifying period for all felonies
1059 involving moral turpitude which are not specifically included in
1060 the permanent bar contained in subsection (2).
1061 (b) A 5-year disqualifying period for all felonies to which
1062 neither the permanent bar in subsection (2) nor the 10-year
1063 disqualifying period in paragraph (a) applies. Notwithstanding
1064 subsection (4), an applicant who served at least half of the
1065 disqualifying period may apply for a license, if during that
1066 time, the applicant has not been found guilty of or has not
1067 pleaded guilty or nolo contendere to a crime. The division may
1068 issue the license on a probationary basis for the remainder of
1069 the disqualifying period. The applicant’s probationary period
1070 ends at the end of the disqualifying period.
1071 (c) A 5-year disqualifying period for all misdemeanors
1072 directly related to this chapter.
1073 (4) The board shall adopt rules to administer this section.
1074 The rules must specify additional disqualification periods for
1075 applicants who have committed multiple crimes and may consider
1076 other relevant factors related to their criminal history. The
1077 rules must provide for mitigating and aggravating factors.
1078 However, mitigation may not result in a period of
1079 disqualification of less than 5 years and may not mitigate the
1080 disqualifying periods in paragraphs (3)(b) and (c).
1081 (5) For purposes of this section, a disqualifying period
1082 begins upon the applicant’s final release from supervision or
1083 upon completion of the applicant’s criminal sentence. The
1084 department may not issue a license to an applicant until the
1085 applicant provides proof that all related fines, court costs and
1086 fees, and court-ordered restitution have been paid.
1087 (6) After the disqualifying period has expired, the burden
1088 is on the applicant to demonstrate that he or she has been
1089 rehabilitated, does not pose a risk to the public, is fit and
1090 trustworthy to engage in business regulated by this chapter, and
1091 is otherwise qualified for licensure.
1092 (7) Notwithstanding subsections (2) and (3), an applicant
1093 who has been found guilty of, or has pleaded guilty or nolo
1094 contendere to, a crime in subsection (2) or subsection (3), and
1095 who has subsequently been granted a pardon or the restoration of
1096 civil rights pursuant to chapter 940 and s. 8, Art. IV of the
1097 State Constitution, or a pardon or the restoration of civil
1098 rights under the laws of another jurisdiction with respect to a
1099 conviction in that jurisdiction, is not barred or disqualified
1100 from licensure under this chapter; however, such a pardon or
1101 restoration of civil rights does not require the department to
1102 award such license.
1103 (8)(a) The board may grant an exemption from
1104 disqualification to any person disqualified from licensure under
1105 subsection (3) if:
1106 1. The applicant has paid in full any fee, fine, fund,
1107 lien, civil judgment, restitution, or cost of prosecution
1108 imposed by the court as part of the judgment and sentence for
1109 any disqualifying offense; and
1110 2. At least 5 years have elapsed since the applicant
1111 completed or has been lawfully released from confinement,
1112 supervision, or nonmonetary condition imposed by the court for a
1113 disqualifying offense.
1114 (b) For the board to grant an exemption under this
1115 subsection, the applicant must clearly and convincingly
1116 demonstrate that he or she would not pose a risk to persons or
1117 property if licensed under this chapter, evidence of which must
1118 include, but need not be limited to, facts and circumstances
1119 surrounding the disqualifying offense, the time that has elapsed
1120 since the offense, the nature of the offense and harm caused to
1121 the victim, the applicant’s history before and after the
1122 offense, and any other evidence or circumstances indicating that
1123 the applicant will not present a danger if licensed or
1124 certified.
1125 (c) The board has discretion whether to grant or deny an
1126 exemption under this subsection. The board’s decision of whether
1127 to grant or deny an exemption is subject to chapter 120.
1128 (9) The disqualification periods provided in this section
1129 do not apply to the renewal of a license or to a new application
1130 for licensure if the applicant has an active license as of July
1131 1, 2021, and the applicable criminal history was considered by
1132 the board on the prior approval of any active license held by
1133 the applicant. This section does not affect any criminal history
1134 disclosure requirements of this chapter.
1135 Section 18. Subsection (9) and paragraph (c) of subsection
1136 (10) of section 497.142, Florida Statutes, are amended to read:
1137 497.142 Licensing; fingerprinting and criminal background
1138 checks.—
1139 (9) If any applicant under this chapter has been, within
1140 the 10 years preceding the application under this chapter,
1141 convicted or found guilty of, or entered a plea of nolo
1142 contendere to, regardless of adjudication, any crime in any
1143 jurisdiction, the application may shall not be deemed complete
1144 until such time as the applicant provides such certified true
1145 copies of the court records evidencing the conviction, finding,
1146 or plea, as required in this section or as the licensing
1147 authority may by rule require.
1148 (10)
1149 (c) Crimes to be disclosed are:
1150 1. Any felony or misdemeanor, no matter when committed,
1151 that was directly or indirectly related to or involving any
1152 aspect of the practice or business of funeral directing,
1153 embalming, direct disposition, cremation, funeral or cemetery
1154 preneed sales, funeral establishment operations, cemetery
1155 operations, or cemetery monument or marker sales or
1156 installation.
1157 2. Any misdemeanor, no matter when committed, which was
1158 directly or indirectly related to the practice or activities
1159 regulated under this chapter Any other felony not already
1160 disclosed under subparagraph 1. that was committed within the 20
1161 years immediately preceding the application under this chapter.
1162 3. Any other misdemeanor not already disclosed under
1163 subparagraph 2. which 1. that was committed within the 5 years
1164 immediately preceding the application under this chapter.
1165 Section 19. Present paragraphs (c) and (d) of subsection
1166 (1) of section 497.369, Florida Statutes, are redesignated as
1167 paragraphs (d) and (e), respectively, a new paragraph (c) is
1168 added to that subsection, and paragraph (b) of that subsection,
1169 subsection (2), and paragraph (a) of present subsection (5) of
1170 that section are amended, to read:
1171 497.369 Embalmers; licensure as an embalmer by endorsement;
1172 licensure of a temporary embalmer.—
1173 (1) The licensing authority shall issue a license by
1174 endorsement to practice embalming to an applicant who has
1175 remitted an examination fee set by rule of the licensing
1176 authority not to exceed $200 and who the licensing authority
1177 certifies:
1178 (b)1. Has submitted proof satisfactory to the licensing
1179 authority that the applicant is at least 18 years of age and is
1180 a recipient of a high school diploma or its equivalent; or
1181 2. Holds a valid license in good standing to practice
1182 embalming in another state of the United States and has engaged
1183 in the full-time, licensed practice of embalming in that state
1184 for at least 5 years.; or
1185 (c)1. Has submitted an application for licensure by
1186 endorsement based upon experience acquired in the deathcare
1187 industry in another state. To meet the qualifications for such
1188 licensure based upon experience, an applicant must hold a valid
1189 license in good standing to practice embalming in another state
1190 of the United States and have engaged in the full-time, licensed
1191 practice of embalming in that state for at least 5 years. If the
1192 applicant’s proven experience is more than 5 years but less than
1193 10 years, the applicant must additionally have passed an
1194 examination on the subjects of the theory and practice of
1195 embalming, restorative art, pathology, anatomy, microbiology,
1196 chemistry, hygiene, public health and sanitation, and local,
1197 state, and federal laws and rules relating to the disposition of
1198 dead human bodies; however, the licensing authority may by rule
1199 approve the use of a national examination, such as the embalming
1200 examination prepared by the Conference of Funeral Service
1201 Examining Boards, in lieu of part of this examination
1202 requirement. If the applicant’s proven experience in the
1203 deathcare industry of another state exceeds 10 years, the
1204 applicant does not need to meet this examination requirement.
1205 2. Alternatively, an applicant may submit an application
1206 for licensure by endorsement based upon education related to the
1207 deathcare industry obtained in another state. To meet the
1208 qualifications for such licensure based upon education, an
1209 applicant must meet Meets the qualifications for licensure in s.
1210 497.368, have except that the internship requirement shall be
1211 deemed to have been satisfied by 1 year’s practice as a licensed
1212 embalmer in another state, and has, within 10 years before the
1213 date of application, successfully completed a state, regional,
1214 or national examination in mortuary science which, as determined
1215 by rule of the licensing authority, and have completed a 1-year
1216 internship under a licensed embalmer, except that the internship
1217 requirement is deemed to have been satisfied if the applicant
1218 has held a valid license in good standing to practice embalming
1219 in another state of the United States and has engaged in the
1220 full-time, licensed practice of embalming in that state for at
1221 least 1 year is substantially equivalent to or more stringent
1222 than the examination given by the licensing authority.
1223 (2) State, regional, or national examinations and
1224 requirements for licensure in another state shall be presumed to
1225 be substantially equivalent to or more stringent than the
1226 examination and requirements in this state unless found
1227 otherwise by rule of the licensing authority.
1228 (4)(a)(5)(a) There may be adopted by The licensing
1229 authority may adopt rules authorizing an applicant who has met
1230 the requirements of subsection (1) paragraphs (1)(b) and (c) and
1231 who is awaiting an opportunity to take the examination required
1232 by subsection (3) (4) to be licensed as a temporary licensed
1233 embalmer. A temporary licensed embalmer may work as an embalmer
1234 in a licensed funeral establishment under the general
1235 supervision of a licensed embalmer. Such temporary license shall
1236 expire 60 days after the date of the next available examination
1237 required under subsection (3) (4); however, the temporary
1238 license may be renewed one time under the same conditions as
1239 initial issuance. The fee for issuance or renewal of an embalmer
1240 temporary license shall be set by rule of the licensing
1241 authority but may not exceed $200. The fee required in this
1242 subsection shall be nonrefundable and in addition to the fee
1243 required in subsection (1).
1244 Section 20. Present paragraphs (b), (c), and (d) of
1245 subsection (1) of section 497.374, Florida Statutes, are
1246 redesignated as paragraphs (c), (d), and (e), respectively, a
1247 new paragraph (b) is added to that subsection, and present
1248 paragraph (b) of that subsection and subsections (3) and (5) are
1249 amended, to read:
1250 497.374 Funeral directing; licensure as a funeral director
1251 by endorsement; licensure of a temporary funeral director.—
1252 (1) The licensing authority shall issue a license by
1253 endorsement to practice funeral directing to an applicant who
1254 has remitted a fee set by rule of the licensing authority not to
1255 exceed $200 and who:
1256 (b) Submitted proof satisfactory to the licensing authority
1257 that the applicant is at least 18 years of age and is a
1258 recipient of a high school diploma or equivalent.
1259 (c)1.(b)1. Submitted an application for licensure by
1260 endorsement based upon experience acquired in the deathcare
1261 industry in another state. To meet the qualifications for such
1262 licensure based upon experience, an applicant must hold a valid
1263 license in good standing to practice funeral directing in
1264 another state of the United States and have engaged in the full
1265 time, licensed practice of funeral directing in that state for
1266 at least 5 years. If the applicant’s proven experience is more
1267 than 5 years but less than 10 years, the applicant must
1268 additionally have passed an examination on the theory and
1269 practice of funeral directing and funeral service arts; however,
1270 the licensing authority may approve by rule the use of a
1271 national examination, such as the funeral services arts
1272 examination prepared by the Conference of Funeral Service
1273 Examining Boards, in lieu of this examination requirement. If
1274 the applicant’s proven experience in the deathcare industry of
1275 another state exceeds 10 years, the applicant does not need to
1276 meet this examination requirement. Holds a valid license in good
1277 standing to practice funeral directing in another state of the
1278 United States and has engaged in the full-time, licensed
1279 practice of funeral directing in that state for at least 5
1280 years; or
1281 2. Alternatively, an applicant may submit an application
1282 for licensure by endorsement based upon education related to the
1283 deathcare industry obtained in another state. To meet the
1284 qualifications for such licensure based upon education, an
1285 applicant must meet Meets the qualifications for licensure in s.
1286 497.373, except that the applicant need not hold an associate
1287 degree or higher if the applicant holds a diploma or certificate
1288 from an accredited program of mortuary science, and have has
1289 successfully completed a state, regional, or national
1290 examination in mortuary science or funeral service arts which,
1291 as determined by rule of the licensing authority and have
1292 completed a 1-year internship under a licensed funeral director,
1293 except that the internship requirement shall be deemed to have
1294 been satisfied if the applicant has held a valid license in good
1295 standing to practice funeral directing in another state of the
1296 United States and engaged in the full-time, licensed practice of
1297 funeral directing in that state for at least 1 year, is
1298 substantially equivalent to or more stringent than the
1299 examination given by the licensing authority.
1300 (3) State, regional, or national examinations and
1301 requirements for licensure in another state shall be presumed to
1302 be substantially equivalent to or more stringent than the
1303 examination and requirements in this state unless found
1304 otherwise by rule of the licensing authority.
1305 (4)(5) The licensing authority may adopt There may be
1306 adopted rules authorizing an applicant who has met the
1307 requirements of subsection (1) paragraphs (1)(b) and (c) and who
1308 is awaiting an opportunity to take the examination required by
1309 subsection (3) (4) to obtain a license as a temporary funeral
1310 director. A licensed temporary funeral director may work as a
1311 funeral director in a licensed funeral establishment under the
1312 general supervision of a funeral director licensed under
1313 subsection (1) or s. 497.373. Such license shall expire 60 days
1314 after the date of the next available examination required under
1315 subsection (3) (4); however, the temporary license may be
1316 renewed one time under the same conditions as initial issuance.
1317 The fee for initial issuance or renewal of a temporary license
1318 under this subsection shall be set by rule of the licensing
1319 authority but may not exceed $200. The fee required in this
1320 subsection shall be nonrefundable and in addition to the fee
1321 required in subsection (1). A member of the United States Armed
1322 Forces, such member’s spouse, and a veteran of the United States
1323 Armed Forces who separated from service within the 2 years
1324 preceding application for licensure are exempt from the initial
1325 issuance fee. To qualify for the initial issuance fee exemption,
1326 an applicant must provide a copy of a military identification
1327 card, military dependent identification card, military service
1328 record, military personnel file, veteran record, discharge
1329 paper, or separation document that indicates such member is
1330 currently in good standing or such veteran was honorably
1331 discharged.
1332 Section 21. Section 497.376, Florida Statutes, is amended
1333 to read:
1334 497.376 License as funeral director and embalmer
1335 permitted.—
1336 (1) This chapter does not prohibit a person from holding a
1337 license as an embalmer and a license as a funeral director at
1338 the same time. There may be issued and renewed by the licensing
1339 authority a combination license as both funeral director and
1340 embalmer to persons meeting the separate requirements for both
1341 licenses as set forth in this chapter. The licensing authority
1342 may adopt rules providing procedures for applying for and
1343 renewing such combination license. Such combination license may
1344 be obtained by meeting the requirements for licensure by
1345 examination set out in ss. 497.368 and 497.374.
1346 (2) The licensing authority may by rule establish
1347 application, renewal, and other fees for such combination
1348 license, which fees may not exceed the sum of the maximum fees
1349 for the separate funeral director and embalmer license
1350 categories as provided in this chapter. A person holding a
1351 combination license as a funeral director and an embalmer is
1352 subject to regulation under this chapter both as a funeral
1353 director and an embalmer.
1354 (2) Except as provided in s. 497.377, an applicant for a
1355 combination license as both a funeral director and an embalmer,
1356 obtained by meeting the requirements for licensure by
1357 examination set out in ss. 497.368 and 497.374, must hold the
1358 educational credentials required for licensure of a funeral
1359 director under s. 497.373(1)(d).
1360 Section 22. Subsection (1) of section 497.380, Florida
1361 Statutes, is amended to read:
1362 497.380 Funeral establishment; licensure; display of
1363 license.—
1364 (1) A funeral establishment shall be a place at a specific
1365 street address or location consisting of at least 1,250
1366 contiguous interior square feet and shall maintain or make
1367 arrangements for capacity for the refrigeration and storage of
1368 dead human bodies handled and stored by the establishment and a
1369 preparation room equipped with necessary ventilation and
1370 drainage and containing necessary instruments for embalming dead
1371 human bodies or shall make arrangements for a preparation room
1372 as established by rule. For purposes of this subsection, the
1373 1,250 contiguous interior square feet may not include any square
1374 footage designated in the cooperative documents as common areas.
1375 Section 23. Subsection (5) of section 497.386, Florida
1376 Statutes, is amended to read:
1377 497.386 Storage, preservation, and transportation of human
1378 remains.—
1379 (5) In the event of an emergency situation, including the
1380 abandonment of any establishments or facilities licensed under
1381 this chapter or any medical examiner’s facility, morgue, or
1382 cemetery holding facility, the department may enter and secure
1383 such establishment or, facility, or morgue during or outside of
1384 normal business hours and remove human remains and cremated
1385 remains from the establishment or, facility, or morgue. For
1386 purposes of this subsection, the department shall determine
1387 whether if a facility is abandoned and whether if there is an
1388 emergency situation. A licensee or licensed facility that
1389 accepts transfer of human remains and cremated remains from the
1390 department pursuant to this subsection may not be held liable
1391 for the condition of any human remains or cremated remains at
1392 the time of transfer.
1393 Section 24. Paragraph (b) of subsection (9) of section
1394 497.604, Florida Statutes, is amended to read:
1395 497.604 Direct disposal establishments, license required;
1396 licensing procedures and criteria; license renewal; regulation;
1397 display of license.—
1398 (9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.—
1399 (b) The practice of direct disposition must be engaged in
1400 at a fixed location of at least 625 contiguous interior
1401 contiguous square feet and must maintain or make arrangements
1402 for suitable capacity for the refrigeration and storage of dead
1403 human bodies handled and stored by the establishment. For
1404 purposes of this subsection, the 625 contiguous interior square
1405 feet may not include any square footage designated in the
1406 cooperative documents as common areas.
1407 Section 25. Subsections (1) and (2) of section 554.103,
1408 Florida Statutes, are amended to read:
1409 554.103 Boiler code.—The department shall adopt by rule a
1410 State Boiler Code for the safe construction, installation,
1411 inspection, maintenance, and repair of boilers in this state.
1412 The rules adopted shall be based upon and shall at all times
1413 follow generally accepted nationwide engineering standards,
1414 formulas, and practices pertaining to boiler construction and
1415 safety.
1416 (1) The department shall adopt the latest version of the an
1417 existing code for new construction and installation known as the
1418 Boiler and Pressure Vessel Code of the American Society of
1419 Mechanical Engineers, including all amendments and
1420 interpretations to the A.S.M.E. Boiler and Pressure Vessel Code
1421 approved by the A.S.M.E. Council on Codes and Standards
1422 subsequent to the adoption of the State Boiler Code, and when so
1423 adopted by the department, such amendments and interpretations
1424 become a part of the State Boiler Code.
1425 (2) The installer of any boiler placed in use in this state
1426 after January 1, 2018, must, before installing the boiler, apply
1427 on a form adopted by rule of the department for an application a
1428 permit to install the boiler from the chief boiler inspector.
1429 The application must include the boiler’s A.S.M.E.
1430 manufacturer’s data report and other documents required by the
1431 State Boiler Code before the boiler is placed in service. The
1432 installer must contact the chief boiler inspector to schedule an
1433 inspection for each boiler no later than 7 days before the
1434 boiler is placed in service.
1435 Section 26. Subsection (1) of section 554.108, Florida
1436 Statutes, is amended to read:
1437 554.108 Inspection.—
1438 (1) The inspection requirements of this chapter apply only
1439 to boilers that are regulated by this chapter located in public
1440 assembly locations. A boiler with an input of 200,000 British
1441 thermal units (Btu) per hour and above, up to an input not
1442 exceeding 400,000 Btu per hour, is exempt from inspection;
1443 however, such an exempt boiler, if manufactured after July 1,
1444 2022, must be stamped with the A.S.M.E. code symbol.
1445 Additionally, the A.S.M.E. data report of a boiler with an input
1446 of 200,000 to 400,000 Btu per hour must be filed as required
1447 under s. 554.103(2).
1448 Section 27. Subsection (1) of section 554.114, Florida
1449 Statutes, is amended to read:
1450 554.114 Prohibitions; penalties.—
1451 (1) A person may not do any of the following:
1452 (a) Operate a boiler that is regulated by this chapter at a
1453 public assembly location without a valid certificate of
1454 operation for that boiler.;
1455 (b) Use a certificate of operation for any boiler other
1456 than for the boiler for which it was issued.;
1457 (c) Operate a boiler for which the certificate of operation
1458 has been suspended, revoked, or not renewed.; or
1459 (d) Inspect any boiler regulated under this chapter without
1460 having a valid certificate of competency.
1461 Section 28. Paragraph (d) of subsection (1) of section
1462 554.115, Florida Statutes, is amended to read:
1463 554.115 Disciplinary proceedings.—
1464 (1) The department may deny, refuse to renew, suspend, or
1465 revoke a certificate of operation upon proof that:
1466 (d) The owner of a boiler:
1467 1. Operated a boiler that is regulated by this chapter at a
1468 public assembly location without a valid certificate of
1469 operation for that boiler;
1470 2. Used a certificate of operation for a boiler other than
1471 the boiler for which the certificate of operation was issued;
1472 3. Gave false or forged information to the department, to
1473 an authorized inspection agency, or to another boiler inspector
1474 for the purpose of obtaining a certificate of operation;
1475 4. Operated a boiler after the certificate of operation for
1476 the boiler expired, was not renewed, or was suspended or
1477 revoked;
1478 5. Operated a boiler that is in an unsafe condition; or
1479 6. Operated a boiler in a manner that is contrary to the
1480 requirements of this chapter or any rule adopted under this
1481 chapter.
1482 Section 29. Section 554.116, Florida Statutes, is created
1483 to read:
1484 554.116 Carbon monoxide.—The owner or user shall install a
1485 carbon monoxide detector or alarm on all boilers and fire
1486 pressured vessels that are regulated by this chapter.
1487 Section 30. Section 554.117, Florida Statutes, is created
1488 to read:
1489 554.117 Conduct of an examination of any boiler.—
1490 (1) In accordance with s. 633.112, the Division of State
1491 Fire Marshal may conduct an examination of any boiler covered by
1492 this chapter.
1493 (2) The division shall, upon receipt of a complaint, review
1494 the nature of the complaint and conduct an examination if
1495 necessary.
1496 Section 31. Paragraph (b) of subsection (10) of section
1497 624.307, Florida Statutes, is amended to read:
1498 624.307 General powers; duties.—
1499 (10)
1500 (b) Notwithstanding any provision in chapter 634, any
1501 person licensed or issued a certificate of authority or made an
1502 eligible surplus lines insurer by the department or the office
1503 shall respond, in writing or electronically, to the division
1504 within 14 days after receipt of a written request for documents
1505 and information from the division concerning a consumer
1506 complaint. The response must address the issues and allegations
1507 raised in the complaint and include any requested documents
1508 concerning the consumer complaint not subject to attorney-client
1509 or work-product privilege. The division may impose an
1510 administrative penalty for failure to comply with this paragraph
1511 of up to $5,000 per violation upon any entity licensed by the
1512 department or the office and up to $1,000 per violation by any
1513 individual licensed by the department or the office.
1514 Section 32. Section 624.317, Florida Statutes, is amended
1515 to read:
1516 624.317 Investigation of agents, adjusters, administrators,
1517 service companies, and others.—
1518 (1) If it has reason to believe that any person has
1519 violated or is violating any provision of this code, or upon the
1520 written complaint signed by any interested person indicating
1521 that any such violation may exist:
1522 (a)(1) The department must shall conduct such investigation
1523 as it deems necessary of the accounts, records, documents, and
1524 transactions pertaining to or affecting the insurance affairs of
1525 any agent, adjuster, insurance agency, customer representative,
1526 service representative, or other person subject to its
1527 jurisdiction, subject to the requirements of s. 626.601.
1528 (b)(2) The office must shall conduct such investigation as
1529 it deems necessary of the accounts, records, documents, and
1530 transactions pertaining to or affecting the insurance affairs of
1531 any:
1532 1.(a) Administrator, service company, or other person
1533 subject to its jurisdiction.
1534 2.(b) Person having a contract or power of attorney under
1535 which she or he enjoys in fact the exclusive or dominant right
1536 to manage or control an insurer.
1537 3.(c) Person engaged in or proposing to be engaged in the
1538 promotion or formation of:
1539 a.1. A domestic insurer;
1540 b.2. An insurance holding corporation; or
1541 c.3. A corporation to finance a domestic insurer or in the
1542 production of the domestic insurer’s business.
1543 (2) Any person licensed or issued a certificate of
1544 authority by the department or the office shall, in writing or
1545 electronically, respond to the department or office within 14
1546 days after receipt of a written request for documents and
1547 information from the department or office concerning records
1548 pertinent to an ongoing investigation. The response must address
1549 the issues and allegations raised in the investigation and
1550 include any requested documents not subject to attorney-client
1551 or work-product privilege. The department or office may impose
1552 an administrative penalty for failure to comply with this
1553 subsection of up to $5,000 per violation upon any person
1554 licensed or issued a certificate of authority by the department
1555 or office.
1556 Section 33. Section 626.171, Florida Statutes, is amended
1557 to read:
1558 626.171 Application for license as an agent, customer
1559 representative, adjuster, or service representative, or
1560 reinsurance intermediary.—
1561 (1) The department may not issue a license as agent,
1562 customer representative, adjuster, or service representative, or
1563 reinsurance intermediary to any person except upon written
1564 application filed with the department, meeting the
1565 qualifications for the license applied for as determined by the
1566 department, and payment in advance of all applicable fees. The
1567 application must be made under the oath of the applicant and be
1568 signed by the applicant. An applicant may permit a third party
1569 to complete, submit, and sign an application on the applicant’s
1570 behalf, but is responsible for ensuring that the information on
1571 the application is true and correct and is accountable for any
1572 misstatements or misrepresentations. The department shall accept
1573 the uniform application for resident and nonresident agent and
1574 adjuster licensing. The department may adopt revised versions of
1575 the uniform application by rule.
1576 (2) In the application, the applicant must include shall
1577 set forth:
1578 (a) The applicant’s His or her full name, age, social
1579 security number, residence address, business address, mailing
1580 address, contact telephone numbers, including a business
1581 telephone number, and e-mail address.
1582 (b) A statement indicating the method the applicant used or
1583 is using to meet any required prelicensing education, knowledge,
1584 experience, or instructional requirements for the type of
1585 license applied for.
1586 (c) Whether the applicant he or she has been refused or has
1587 voluntarily surrendered or has had suspended or revoked a
1588 license to solicit insurance by the department or by the
1589 supervising officials of any state.
1590 (d) Whether any insurer or any managing general agent
1591 claims the applicant is indebted under any agency contract or
1592 otherwise and, if so, the name of the claimant, the nature of
1593 the claim, and the applicant’s defense thereto, if any.
1594 (e) Proof that the applicant meets the requirements for the
1595 type of license for which he or she is applying.
1596 (f) The applicant’s gender (male or female).
1597 (g) The applicant’s native language.
1598 (h) The highest level of education achieved by the
1599 applicant.
1600 (i) The applicant’s race or ethnicity (African American,
1601 white, American Indian, Asian, Hispanic, or other).
1602 (j) Such other or additional information as the department
1603 may deem proper to enable it to determine the character,
1604 experience, ability, and other qualifications of the applicant
1605 to hold himself or herself out to the public as an insurance
1606 representative.
1607
1608 However, the application must contain a statement that an
1609 applicant is not required to disclose his or her race or
1610 ethnicity, gender, or native language, that he or she will not
1611 be penalized for not doing so, and that the department will use
1612 this information exclusively for research and statistical
1613 purposes and to improve the quality and fairness of the
1614 examinations. The department may shall make provisions for
1615 applicants, voluntarily, to submit their cellular telephone
1616 numbers as part of the application process solely on a voluntary
1617 basis only for the purpose of two-factor authentication of
1618 secure login credentials only.
1619 (3) Each application must be accompanied by payment of any
1620 applicable fee.
1621 (4) An applicant for a license issued by the department
1622 under this chapter must submit a set of the individual
1623 applicant’s fingerprints, or, if the applicant is not an
1624 individual, a set of the fingerprints of the sole proprietor,
1625 majority owner, partners, officers, and directors, to the
1626 department and must pay the fingerprint processing fee set forth
1627 in s. 624.501. Fingerprints must be processed in accordance with
1628 s. 624.34 and used to investigate the applicant’s qualifications
1629 pursuant to s. 626.201. The fingerprints must be taken by a law
1630 enforcement agency or other department-approved entity. The
1631 department may not approve an application for licensure as an
1632 agent, customer service representative, adjuster, or service
1633 representative, or reinsurance intermediary if fingerprints have
1634 not been submitted.
1635 (5) The application for license filing fee prescribed in s.
1636 624.501 is not subject to refund.
1637 (6) Members of the United States Armed Forces and their
1638 spouses, and veterans of the United States Armed Forces who have
1639 separated from service within 24 months before application for
1640 licensure, are exempt from the application filing fee prescribed
1641 in s. 624.501. Qualified individuals must provide a copy of a
1642 military identification card, military dependent identification
1643 card, military service record, military personnel file, veteran
1644 record, discharge paper or separation document that indicates
1645 such members are currently in good standing or such veterans
1646 were honorably discharged.
1647 (7) Pursuant to the federal Personal Responsibility and
1648 Work Opportunity Reconciliation Act of 1996, each party is
1649 required to provide his or her social security number in
1650 accordance with this section. Disclosure of social security
1651 numbers obtained through this requirement must be limited to the
1652 purpose of administration of the Title IV-D program for child
1653 support enforcement.
1654 Section 34. Paragraph (c) of subsection (3) of section
1655 626.2815, Florida Statutes, is amended to read:
1656 626.2815 Continuing education requirements.—
1657 (3) Each licensee except a title insurance agent must
1658 complete a 4-hour update course every 2 years which is specific
1659 to the license held by the licensee. The course must be
1660 developed and offered by providers and approved by the
1661 department. The content of the course must address all lines of
1662 insurance for which examination and licensure are required and
1663 include the following subject areas: insurance law updates,
1664 ethics for insurance professionals, disciplinary trends and case
1665 studies, industry trends, premium discounts, determining
1666 suitability of products and services, and other similar
1667 insurance-related topics the department determines are relevant
1668 to legally and ethically carrying out the responsibilities of
1669 the license granted. A licensee who holds multiple insurance
1670 licenses must complete an update course that is specific to at
1671 least one of the licenses held. Except as otherwise specified,
1672 any remaining required hours of continuing education are
1673 elective and may consist of any continuing education course
1674 approved by the department under this section.
1675 (c) A licensee who has been licensed for 25 years or more
1676 is not required to complete any continuing education elective
1677 hours if it is determined that the licensee also possesses one
1678 of the following qualifications:
1679 1. Has received a chartered life underwriter designation;
1680 2. Has received a chartered property and casualty
1681 underwriter designation; or
1682 3. Has received a bachelor of science degree or higher in
1683 risk management or insurance, with evidence of 18 or more
1684 semester hours in insurance-related courses and is a CLU or a
1685 CPCU or has a Bachelor of Science degree or higher in risk
1686 management or insurance with evidence of 18 or more semester
1687 hours in insurance-related courses must also complete a minimum
1688 of 6 hours of elective continuing education courses every 2
1689 years.
1690 Section 35. Paragraph (c) of subsection (2) of section
1691 626.292, Florida Statutes, is amended to read:
1692 626.292 Transfer of license from another state.—
1693 (2) To qualify for a license transfer, an individual
1694 applicant must meet the following requirements:
1695 (c) The individual must submit a completed application for
1696 this state which is received by the department within 90 days
1697 after the date the individual became a resident of this state,
1698 along with payment of the applicable fees set forth in s.
1699 624.501 and submission of the following documents:
1700 1. A certification issued by the appropriate official of
1701 the applicant’s home state identifying the type of license and
1702 lines of authority under the license and stating that, at the
1703 time the license from the home state was canceled, the applicant
1704 was in good standing in that state or that the state’s Producer
1705 Database records, maintained by the National Association of
1706 Insurance Commissioners, its affiliates, or subsidiaries,
1707 indicate that the agent or all-lines adjuster is or was licensed
1708 in good standing for the line of authority requested.
1709 2. A set of the applicant’s fingerprints in accordance with
1710 s. 626.171(4).
1711 Section 36. Paragraph (h) of subsection (1) of section
1712 626.611, Florida Statutes, is amended to read:
1713 626.611 Grounds for compulsory refusal, suspension, or
1714 revocation of agent’s, title agency’s, adjuster’s, customer
1715 representative’s, service representative’s, or managing general
1716 agent’s license or appointment.—
1717 (1) The department shall deny an application for, suspend,
1718 revoke, or refuse to renew or continue the license or
1719 appointment of any applicant, agent, title agency, adjuster,
1720 customer representative, service representative, or managing
1721 general agent, and it shall suspend or revoke the eligibility to
1722 hold a license or appointment of any such person, if it finds
1723 that as to the applicant, licensee, or appointee any one or more
1724 of the following applicable grounds exist:
1725 (h) Demonstrated lack of technical ability reasonably
1726 adequate knowledge and technical competence in the duties and
1727 responsibilities deemed necessary by the department to engage in
1728 the transactions authorized by the license or appointment.
1729 Section 37. Subsections (10) and (16) of section 626.621,
1730 Florida Statutes, are amended to read:
1731 626.621 Grounds for discretionary refusal, suspension, or
1732 revocation of agent’s, adjuster’s, customer representative’s,
1733 service representative’s, or managing general agent’s license or
1734 appointment.—The department may, in its discretion, deny an
1735 application for, suspend, revoke, or refuse to renew or continue
1736 the license or appointment of any applicant, agent, adjuster,
1737 customer representative, service representative, or managing
1738 general agent, and it may suspend or revoke the eligibility to
1739 hold a license or appointment of any such person, if it finds
1740 that as to the applicant, licensee, or appointee any one or more
1741 of the following applicable grounds exist under circumstances
1742 for which such denial, suspension, revocation, or refusal is not
1743 mandatory under s. 626.611:
1744 (10) Failure to inform the department in writing within 30
1745 days after pleading guilty or nolo contendere to, or being
1746 convicted or found guilty of, any felony or a crime punishable
1747 by imprisonment of 1 year or more, or a misdemeanor directly
1748 related to the financial services business, under the law of the
1749 United States or of any state thereof, or under the law of any
1750 other country without regard to whether a judgment of conviction
1751 has been entered by the court having jurisdiction of the case.
1752 (16) Taking an action that allows the personal financial or
1753 medical information of a consumer or customer to be made
1754 available or accessible to the general public, regardless of the
1755 format in which the record is stored.
1756 (a) The department, having good cause to believe that a
1757 licensee does not possess the proper knowledge as to the kinds
1758 of insurance for which the person is licensed, and of the
1759 pertinent provisions of the laws of this state, may, at any
1760 time, require him or her to submit to an examination or
1761 reexamination. Good cause as used in this paragraph must be
1762 construed to mean that a licensee’s history of consumer
1763 complaints, violations of the insurance code, warnings, or other
1764 evidence is sufficient to indicate that he or she is not
1765 qualified to be licensed to transact insurance in this state.
1766 (b) Refusal or neglect of the licensee to submit to, or
1767 failing to secure a passing grade on, such examination or
1768 reexamination within 30 days after a written demand to retest
1769 shall be grounds for suspension or revocation of his or her
1770 license.
1771 Section 38. Subsection (1) of section 626.731, Florida
1772 Statutes, is amended to read:
1773 626.731 Qualifications for general lines agent’s license.—
1774 (1) The department may shall not grant or issue a license
1775 as general lines agent to any individual found by it to be
1776 untrustworthy or incompetent or who does not meet each all of
1777 the following qualifications:
1778 (a) The applicant is a natural person at least 18 years of
1779 age.
1780 (b) The applicant is a United States citizen or legal alien
1781 who possesses work authorization from the United States Bureau
1782 of Citizenship and Immigration Services and is a bona fide
1783 resident of this state. An individual who is a bona fide
1784 resident of this state shall be deemed to meet the residence
1785 requirement of this paragraph, notwithstanding the existence at
1786 the time of application for license of a license in his or her
1787 name on the records of another state as a resident licensee of
1788 such other state, if the applicant furnishes a letter of
1789 clearance satisfactory to the department that the resident
1790 licenses have been canceled or changed to a nonresident basis
1791 and that he or she is in good standing.
1792 (c) The applicant’s place of business will be located in
1793 this state and he or she will be actively engaged in the
1794 business of insurance and will maintain a place of business, the
1795 location of which is identifiable by and accessible to the
1796 public.
1797 (d) The license is not being sought for the purpose of
1798 writing or handling controlled business, in violation of s.
1799 626.730.
1800 (e) The applicant is qualified as to knowledge, experience,
1801 or instruction in the business of insurance and meets the
1802 requirements provided in s. 626.732.
1803 (f) The applicant has passed any required examination for
1804 license required under s. 626.221.
1805 Section 39. Subsection (2) of section 626.785, Florida
1806 Statutes, is amended to read:
1807 626.785 Qualifications for license.—
1808 (2) An individual who is a bona fide resident of this state
1809 shall be deemed to meet the residence requirement of paragraph
1810 (1)(b), notwithstanding the existence at the time of application
1811 for license of a license in his or her name on the records of
1812 another state as a resident licensee of such other state, if the
1813 applicant furnishes a letter of clearance satisfactory to the
1814 department that the resident licenses have been canceled or
1815 changed to a nonresident basis and that he or she is in good
1816 standing.
1817 Section 40. Section 626.831, Florida Statutes, is amended
1818 to read:
1819 626.831 Qualifications for license.—
1820 (1) The department may shall not grant or issue a license
1821 as health agent as to any individual found by it to be
1822 untrustworthy or incompetent, or who does not meet all of the
1823 following qualifications:
1824 (1)(a) Is Must be a natural person of at least 18 years of
1825 age.
1826 (2)(b) Is Must be a United States citizen or legal alien
1827 who possesses work authorization from the United States Bureau
1828 of Citizenship and Immigration Services and is a bona fide
1829 resident of this state.
1830 (3)(c) Is Must not be an employee of the United States
1831 Department of Veterans Affairs or state service office, as
1832 referred to in s. 626.833.
1833 (4)(d) Has taken Must take and passed pass any examination
1834 for license required under s. 626.221.
1835 (5)(e) Is Must be qualified as to knowledge, experience, or
1836 instruction in the business of insurance and meets meet the
1837 requirements relative thereto provided in s. 626.8311.
1838 (2) An individual who is a bona fide resident of this state
1839 shall be deemed to meet the residence requirement of paragraph
1840 (1)(b), notwithstanding the existence at the time of application
1841 for license of a license in his or her name on the records of
1842 another state as a resident licensee of such other state, if the
1843 applicant furnishes a letter of clearance satisfactory to the
1844 department that the resident licenses have been canceled or
1845 changed to a nonresident basis and that he or she is in good
1846 standing.
1847 Section 41. Subsection (6) of section 626.8417, Florida
1848 Statutes, is amended to read:
1849 626.8417 Title insurance agent licensure; exemptions.—
1850 (6) If an attorney owns a corporation or other legal entity
1851 that is doing business as a title insurance agency, other than
1852 an entity engaged in the active practice of law, the agency must
1853 be licensed and appointed as a title insurance agency agent.
1854 Section 42. Subsection (4) is added to section 626.843,
1855 Florida Statutes, to read:
1856 626.843 Renewal, continuation, reinstatement, termination
1857 of title insurance agent’s and title insurance agency’s
1858 appointments.—
1859 (4) The department must cancel appointments of a title
1860 insurance agency if the agency fails to pay the annual title
1861 insurance agency administrative surcharge under s. 624.501 by
1862 April 1 of each reporting year. The title insurance agency is
1863 not eligible for appointment until the title insurance agency
1864 pays the administrative surcharge.
1865 Section 43. Subsection (5) of section 626.8473, Florida
1866 Statutes, is amended to read:
1867 626.8473 Escrow; trust fund.—
1868 (5) The title insurance agency shall maintain separate
1869 records of all receipts and disbursements of escrow, settlement,
1870 or closing funds. The title insurance agency shall disclose all
1871 fees associated with closing services to the consumer before
1872 closing. The title insurance agency may not charge any fee that
1873 was not disclosed to the consumer as provided in this
1874 subsection.
1875 Section 44. Subsections (4) and (5) are added to section
1876 626.878, Florida Statutes, to read:
1877 626.878 Rules; code of ethics.—
1878 (4) In order to ensure fair dealing in estimating losses,
1879 an adjuster shall adhere to any requirement established by rule
1880 when preparing and submitting a written estimate of loss. Such
1881 requirements cannot be waived by the insured or the insurance
1882 company.
1883 (5) The department may adopt rules to implement this
1884 section.
1885 Section 45. Subsection (1) of section 626.927, Florida
1886 Statutes, is amended to read:
1887 626.927 Licensing of surplus lines agent.—
1888 (1) Any individual, while licensed as a general lines agent
1889 under this code, and who has a minimum of 1 year of experience
1890 working for a licensed surplus lines agent, who has received a
1891 degree in insurance from an accredited institution of higher
1892 learning approved by the department which included 3 credit
1893 hours of instruction in surplus and excess lines, or who has
1894 successfully completed 60 class hours in surplus and excess
1895 lines in a course approved by the department, may, upon taking
1896 and successfully passing a written examination as to surplus
1897 lines, as given by the department, be licensed as a surplus
1898 lines agent solely for the purpose of placing with surplus lines
1899 insurers property, marine, casualty, or surety coverages
1900 originated by general lines agents.
1901 Section 46. Subsections (11), (12), and (13) are added to
1902 section 626.938, Florida Statutes, to read:
1903 626.938 Report and tax of independently procured
1904 coverages.—
1905 (11) Each insured who in this state procures or causes to
1906 be procured or continues or renews insurance from another state
1907 or country with an unauthorized, foreign, or alien insurer
1908 legitimately licensed in that jurisdiction, or any self-insurer
1909 who in this state so procures or continues excess loss,
1910 catastrophe, or other insurance, upon a subject of insurance
1911 resident, located, or to be performed within this state shall
1912 maintain in his or her office in this state for a period of 3
1913 years a full and true record of each insurance contract,
1914 including applications and all certificates, cover notes, and
1915 other forms of confirmation of insurance coverage and any
1916 substitutions or endorsements relative to the contract procured
1917 by the insured and showing any of the following items as may be
1918 applicable:
1919 (a) Amount of the insurance and perils insured against.
1920 (b) Brief general description of property insured and where
1921 located.
1922 (c) Gross premium charged.
1923 (d) Return premium collected, if any.
1924 (e) Rate of premium charged upon the several items of
1925 property.
1926 (f) Effective date of the contract, and the terms of the
1927 contract.
1928 (g) Name and address of the insured.
1929 (h) Name and home office address of the insurer.
1930 (i) Amount paid to the insurer.
1931 (j) Other information as may be required by the department
1932 or the Florida Surplus Lines Service Office.
1933 (12) The records must at all times be available for
1934 examination by the department or the Florida Surplus Lines
1935 Service Office, without prior notice, and must be maintained as
1936 provided in subsection (11).
1937 (13) Each unauthorized, foreign, or alien insurer or
1938 captive insurance company receiving premiums under this section
1939 shall, in accordance with s. 626.931(3) and (4), or if not
1940 applicable, on or before March 31 of each year, file with the
1941 Florida Surplus Lines Service Office in the manner and form
1942 directed by the Florida Surplus Lines Service Office a verified
1943 report of all insurance transacted by such entity for insurance
1944 risks located in this state during the preceding calendar year.
1945 Section 47. Paragraph (t) of subsection (1) of section
1946 626.9541, Florida Statutes, is amended to read:
1947 626.9541 Unfair methods of competition and unfair or
1948 deceptive acts or practices defined.—
1949 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1950 ACTS.—The following are defined as unfair methods of competition
1951 and unfair or deceptive acts or practices:
1952 (t) Certain life insurance relations with funeral directors
1953 prohibited.—
1954 1. No life insurer shall permit any funeral director or
1955 direct disposer to act as its representative, adjuster, claim
1956 agent, special claim agent, or agent for such insurer in
1957 soliciting, negotiating, or effecting contracts of life
1958 insurance on any plan or of any nature issued by such insurer or
1959 in collecting premiums for holders of any such contracts except
1960 as prescribed in s. 626.785(2) s. 626.785(3).
1961 2. No life insurer shall:
1962 a. Affix, or permit to be affixed, advertising matter of
1963 any kind or character of any licensed funeral director or direct
1964 disposer to such policies of insurance.
1965 b. Circulate, or permit to be circulated, any such
1966 advertising matter with such insurance policies.
1967 c. Attempt in any manner or form to influence policyholders
1968 of the insurer to employ the services of any particular licensed
1969 funeral director or direct disposer.
1970 3. No such insurer shall maintain, or permit its agent to
1971 maintain, an office or place of business in the office,
1972 establishment, or place of business of any funeral director or
1973 direct disposer in this state.
1974 Section 48. Section 627.70151, Florida Statutes, is amended
1975 to read:
1976 627.70151 Appraisal; conflicts of interest.—An insurer that
1977 offers residential coverage as defined in s. 627.4025, or a
1978 policyholder that uses an appraisal clause in a property
1979 insurance contract to establish a process for estimating or
1980 evaluating the amount of loss through the use of an impartial
1981 appraiser or umpire, may challenge an appraiser’s or umpire’s
1982 impartiality and disqualify the proposed appraiser or umpire
1983 only if:
1984 (1) A familial relationship within the third degree exists
1985 between the appraiser or umpire and a party or a representative
1986 of a party;
1987 (2) The appraiser or umpire has previously represented a
1988 party in a professional capacity in the same claim or matter
1989 involving the same property;
1990 (3) The appraiser or umpire has represented another person
1991 in a professional capacity on the same or a substantially
1992 related matter that includes the claim, the same property or an
1993 adjacent property, and the other person’s interests are
1994 materially adverse to the interests of a party; or
1995 (4) The appraiser or umpire has worked as an employer or
1996 employee of a party within the preceding 5 years.
1997 Section 49. Present paragraphs (j), (k), and (l) of
1998 subsection (1) of section 627.776, Florida Statutes, are
1999 redesignated as paragraphs (k), (l), and (m), respectively, a
2000 new paragraph (j) is added to that subsection, and paragraph (a)
2001 of subsection (2) of that section is amended, to read:
2002 627.776 Applicability or inapplicability of Florida
2003 Insurance Code provisions to title insurers.—
2004 (1) In addition to any other provisions of law applicable
2005 to title insurers, title insurers are subject to the following
2006 provisions of this code:
2007 (j) Section 626.451.
2008 (2) The following provisions of this code do not apply to
2009 title insurance:
2010 (a) Part I of chapter 626 (insurance representatives;
2011 licensing procedures and general requirements), except s.
2012 626.451.
2013 Section 50. Paragraphs (b) and (f) of subsection (1) of
2014 section 631.271, Florida Statutes, are amended to read:
2015 631.271 Priority of claims.—
2016 (1) The priority of distribution of claims from the
2017 insurer’s estate shall be in accordance with the order in which
2018 each class of claims is set forth in this subsection. Every
2019 claim in each class shall be paid in full or adequate funds
2020 shall be retained for such payment before the members of the
2021 next class may receive any payment. No subclasses may be
2022 established within any class. The order of distribution of
2023 claims shall be:
2024 (b) Class 2.—All claims under policies for losses incurred,
2025 including third-party claims, all claims against the insurer for
2026 liability for bodily injury or for injury to or destruction of
2027 tangible property which claims are not under policies, all
2028 claims of a guaranty association or foreign guaranty
2029 association, and all claims related to a patient’s health care
2030 coverage by physicians, hospitals, and other providers of a
2031 health insurer or health maintenance organization. All claims
2032 under life insurance and annuity policies, whether for death
2033 proceeds, annuity proceeds, or investment values, shall be
2034 treated as loss claims. That portion of any loss,
2035 indemnification for which is provided by other benefits or
2036 advantages recovered by the claimant, may not be included in
2037 this class, other than benefits or advantages recovered or
2038 recoverable in discharge of familial obligations of support or
2039 by way of succession at death or as proceeds of life insurance,
2040 or as gratuities. No payment by an employer to her or his
2041 employee may be treated as a gratuity. Notwithstanding any other
2042 provision of this part, the following claims are excluded from
2043 Class 2 priority and must be paid as claims in Class 6:
2044 1. Obligations of the insolvent insurer arising out of
2045 reinsurance contracts; and
2046 2. Claims against the insurer for bad faith or wrongful
2047 settlement practices.
2048 (f) Class 6.—Claims of general creditors, including claims
2049 under reinsurance contracts and claims of other unsecured
2050 creditors not included in Classes 1- 5 or Classes 7-11.
2051 Section 51. Section 633.139, Florida Statutes, is created
2052 to read:
2053 633.139 Firefighter recruitment and retention bonus
2054 program.—
2055 (1) For the purposes of this section, the term:
2056 (a) “Division” means the Division of State Fire Marshal
2057 within the Department of Financial Services.
2058 (b) “Fire service provider” means a municipality or county,
2059 the state, the division, or any political subdivision of the
2060 state, including authorities and special districts, that employs
2061 firefighters to provide fire extinguishment or fire prevention
2062 services for the protection of life and property. The term
2063 includes any organization under contract or other agreement with
2064 such entity to provide such services.
2065 (c) “Firefighter” has the same meaning as provided in s.
2066 633.102.
2067 (d) “Newly employed firefighter” means a person who gains
2068 or is appointed to full-time employment as a certified
2069 firefighter with a fire service provider on or after July 1,
2070 2025, and who has never before been employed as a firefighter in
2071 this state.
2072 (e) “Program” means the Florida Firefighter Recruitment
2073 Bonus Payment Program.
2074 (2) There is created within the department the Florida
2075 Firefighter Recruitment Bonus Payment Program, to aid in the
2076 recruitment of firefighters within this state. The purpose of
2077 the program is to administer one-time bonus payments of up to
2078 $5,000 to each newly employed firefighter within this state.
2079 Bonus payments provided to eligible newly employed firefighters
2080 are contingent upon legislative appropriations and must be
2081 prorated subject to the amount appropriated for the program.
2082 (3) Each bonus payment must be adjusted to include 7.65
2083 percent for the newly employed firefighter’s share of Federal
2084 Insurance Contributions Act tax on the payment.
2085 (4) The department shall develop an annual plan for the
2086 administration of the program and distribution of bonus
2087 payments. Applicable employing fire service providers shall
2088 assist the department with the collection of any data necessary
2089 to determine bonus payment amounts and to distribute the bonus
2090 payments and shall otherwise provide the department with any
2091 information or assistance needed to fulfill the requirements of
2092 this section. At a minimum, the plan must include:
2093 (a) The method for determining the estimated number of
2094 newly employed firefighters to gain or be appointed to full-time
2095 employment during the applicable fiscal year.
2096 (b) The minimum eligibility requirements that a newly
2097 employed firefighter must meet to receive and retain a bonus
2098 payment, which must include all of the following:
2099 1. Obtain certification for employment or appointment as a
2100 firefighter pursuant to s. 633.408.
2101 2. Gain full-time employment with a fire service provider.
2102 3. Maintain continuous full-time employment with a fire
2103 service provider for at least 2 years from the date on which the
2104 firefighter obtained certification. The required 2-year
2105 employment period must be with the same employing fire service
2106 provider.
2107 (c) The method that will be used to determine the bonus
2108 payment amount to be distributed to each newly employed
2109 firefighter.
2110 (d) The method that will be used to distribute bonus
2111 payments to applicable employing fire service providers for
2112 distribution to eligible firefighters. Such method should
2113 prioritize distributing bonus payments to eligible firefighters
2114 in the most efficient and expedient manner possible.
2115 (e) The estimated cost to the department associated with
2116 developing and administering the program and distributing bonus
2117 payment funds.
2118 (f) The method by which a firefighter must reimburse the
2119 state if he or she receives a bonus payment under the program
2120 but fails to maintain continuous employment for the required 2-
2121 year period. Reimbursement may not be required if a firefighter
2122 is discharged by his or her employing fire service provider for
2123 a reason other than misconduct. The department may establish
2124 other criteria deemed necessary to determine bonus payment
2125 eligibility and distribution.
2126 (5) The department shall consult quarterly with the
2127 Division of State Fire Marshal to verify the certification of
2128 newly employed firefighters and any separation from employment
2129 of newly employed firefighters submitted to the Division of
2130 State Fire Marshal.
2131 (6) The department shall submit the plan to the Executive
2132 Office of the Governor’s Office of Policy and Budget, the chair
2133 of the Senate Appropriations Committee, and the chair of the
2134 House Appropriations Committee by October 1 annually. The
2135 department is authorized to submit budget amendments pursuant to
2136 chapter 216 as necessary to release appropriated funds for
2137 distribution to applicable employing agencies under this
2138 program.
2139 (7) The funding allocation for the bonus payments must be
2140 used solely to comply with the requirements of this section, but
2141 applicable collective bargaining units are not otherwise
2142 precluded from wage negotiation.
2143 (8) The department shall adopt rules to implement this
2144 section.
2145 (9) This section expires July 1, 2028.
2146 Section 52. Paragraph (b) of subsection (2) and subsections
2147 (3) and (7) of section 633.216, Florida Statutes, are amended to
2148 read:
2149 633.216 Inspection of buildings and equipment; orders;
2150 firesafety inspection training requirements; certification;
2151 disciplinary action.—The State Fire Marshal and her or his
2152 agents or persons authorized to enforce laws and rules of the
2153 State Fire Marshal shall, at any reasonable hour, when the State
2154 Fire Marshal has reasonable cause to believe that a violation of
2155 this chapter or s. 509.215, or a rule adopted thereunder, or a
2156 minimum firesafety code adopted by the State Fire Marshal or a
2157 local authority, may exist, inspect any and all buildings and
2158 structures which are subject to the requirements of this chapter
2159 or s. 509.215 and rules adopted thereunder. The authority to
2160 inspect shall extend to all equipment, vehicles, and chemicals
2161 which are located on or within the premises of any such building
2162 or structure.
2163 (2) Except as provided in s. 633.312(2), every firesafety
2164 inspection conducted pursuant to state or local firesafety
2165 requirements shall be by a person certified as having met the
2166 inspection training requirements set by the State Fire Marshal.
2167 Such person shall meet the requirements of s. 633.412(1)-(4),
2168 and:
2169 (b)1. Have satisfactorily completed, as determined by
2170 division rule, a firesafety inspector training program of at
2171 least 200 hours established by the department and administered
2172 by education or training providers approved by the department
2173 for the purpose of providing basic certification training for
2174 firesafety inspectors; or
2175 2. Have received training in another state which is
2176 determined by the division to be at least equivalent to that
2177 required by the department for approved firesafety inspector
2178 education and training programs in this state.
2179 (3) A firefighter certified pursuant to s. 633.408 may
2180 conduct firesafety inspections, under the supervision of a
2181 certified firesafety inspector, while on duty as a member of a
2182 fire department company conducting inservice firesafety
2183 inspections without being certified as a firesafety inspector,
2184 if such firefighter has satisfactorily completed an inservice
2185 fire department company inspector training program of at least
2186 24 hours’ duration as provided by rule of the department. The
2187 inservice training does not allow a certified inspector whose
2188 certification has lapsed to continue serving as a firesafety
2189 inspector.
2190 (7) The State Fire Marshal shall develop by rule an
2191 advanced training and certification program for firesafety
2192 inspectors having fire code management responsibilities. The
2193 program must be consistent with the appropriate provisions of
2194 NFPA 1030 1037, or similar standards adopted by rule, by the
2195 division, and establish minimum training, education, and
2196 experience levels for firesafety inspectors having fire code
2197 management responsibilities.
2198 Section 53. Subsection (3) of section 634.3077, Florida
2199 Statutes, is amended to read:
2200 634.3077 Financial requirements.—
2201 (3) An association may not be required to set up an
2202 unearned premium reserve if it has purchased contractual
2203 liability insurance which demonstrates to the satisfaction of
2204 the office that 100 percent of its claim exposure is covered by
2205 the liability insurance policy such insurance. Such contractual
2206 liability insurance must shall be obtained from an insurer or
2207 insurers that hold a certificate of authority to do business
2208 within the state or from an insurer or insurers approved by the
2209 office as financially capable of meeting the obligations
2210 incurred pursuant to the policy. For purposes of this
2211 subsection, the contractual liability policy must shall contain
2212 the following provisions:
2213 (a) In the event that the home warranty association is
2214 unable to fulfill its obligation under its contracts issued in
2215 this state for any reason, including insolvency, bankruptcy, or
2216 dissolution, the contractual liability insurer will pay losses
2217 and unearned premiums under such plans directly to persons
2218 making claims under such contracts.
2219 (b) The insurer issuing the policy shall assume full
2220 responsibility for the administration of claims in the event of
2221 the inability of the association to do so.
2222 (c) The policy may not be canceled or not renewed by the
2223 insurer or the association unless 60 days’ written notice
2224 thereof has been given to the office by the insurer before the
2225 date of such cancellation or nonrenewal.
2226 (d) The contractual liability insurance policy must shall
2227 insure all covered home warranty contracts that were issued
2228 while the policy was in effect regardless of whether or not the
2229 premium has been remitted to the insurer.
2230 (e) The contractual liability insurance policy may either
2231 pay 100 percent of claims as they are incurred or pay 100
2232 percent of claims due in the event of the association’s failure
2233 to pay such claims when due.
2234 Section 54. Paragraph (a) of subsection (3) of section
2235 634.406, Florida Statutes, is amended, and paragraph (g) is
2236 added to that subsection, to read:
2237 634.406 Financial requirements.—
2238 (3) An association will not be required to establish an
2239 unearned premium reserve if it has purchased contractual
2240 liability insurance which demonstrates to the satisfaction of
2241 the office that 100 percent of its claim exposure is covered by
2242 such policy. The contractual liability insurance shall be
2243 obtained from an insurer that holds a certificate of authority
2244 to do business within the state. For the purposes of this
2245 subsection, the contractual liability policy shall contain the
2246 following provisions:
2247 (a) In the event that the service warranty association does
2248 not fulfill its obligation under covered contracts issued in
2249 this state for any reason, including insolvency, bankruptcy, or
2250 dissolution, the contractual liability insurer will pay losses
2251 and unearned premium refunds under such plans directly to the
2252 person making a claim under the contract.
2253 (g) The contractual liability insurance policy may either
2254 pay 100 percent of claims as they are incurred or pay 100
2255 percent of claims due in the event of the failure of the
2256 association to pay such claims when due.
2257 Section 55. Subsection (2) of section 648.33, Florida
2258 Statutes, is amended to read:
2259 648.33 Bail bond rates.—
2260 (2) It is unlawful for a bail bond agent to execute a bail
2261 bond without charging a premium therefor, and the premium rate
2262 may not exceed or be less than the premium rate as filed with
2263 and approved by the office. Bail bond agents may collect the
2264 exact amount of any discount, or other such fee charged by a
2265 credit card facility in connection with the use of a credit
2266 card, in addition to the premium required by the insurer.
2267 Section 56. Subsection (3) of section 791.013, Florida
2268 Statutes, is amended to read:
2269 791.013 Testing and approval of sparklers; penalties.—
2270 (3) For purposes of the testing requirement by this
2271 section, the division shall perform such tests as are necessary
2272 to determine compliance with the performance standards in the
2273 definition of sparklers, pursuant to s. 791.01. The State Fire
2274 Marshal shall adopt, by rule, procedures for testing products to
2275 determine compliance with this chapter. The Division of
2276 Investigative and Forensic Services shall dispose of any samples
2277 which remain after testing.
2278 Section 57. Subsection (1) of section 1001.281, Florida
2279 Statutes, is amended to read:
2280 1001.281 Operating Trust Fund.—
2281 (1) The Operating Trust Fund, FLAIR number 48-2-510, is
2282 created within the Department of Education.
2283 Section 58. Subsection (1) of section 1001.282, Florida
2284 Statutes, is amended to read:
2285 1001.282 Administrative Trust Fund.—
2286 (1) The Administrative Trust Fund, FLAIR number 48-2-021,
2287 is created within the Department of Education.
2288 Section 59. This act shall take effect July 1, 2025.