Florida Senate - 2026                                    SB 1306
       
       
        
       By Senator Truenow
       
       
       
       
       
       13-01417A-26                                          20261306__
    1                        A bill to be entitled                      
    2         An act relating to criminal activity of insurance
    3         professionals; creating s. 624.341, F.S.; providing
    4         legislative findings; requiring the Department of Law
    5         Enforcement to accept and process certain
    6         fingerprints; specifying procedures for submitting and
    7         processing such fingerprints; requiring persons
    8         submitting fingerprints to bear the cost of state and
    9         federal processing; providing for the cost of state
   10         processing of fingerprints; authorizing the department
   11         to exchange certain records with the Office of
   12         Insurance Regulation for certain purposes; specifying
   13         that fingerprints must be submitted in accordance with
   14         certain rules; providing that fingerprints may be
   15         submitted through a third-party vendor authorized by
   16         the department; requiring that the department conduct
   17         the state criminal history background checks;
   18         requiring that certain background checks be conducted
   19         through the Federal Bureau of Investigation; requiring
   20         that fingerprints be submitted and entered into a
   21         specified system; requiring that the costs of
   22         fingerprint processing are borne by the person subject
   23         to the background checks; requiring the office to
   24         review the results of certain background checks and to
   25         make a certain determination; requiring that certain
   26         criminal history records be used by the office for
   27         certain purposes; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 624.341, Florida Statutes, is created to
   32  read:
   33         624.341Authority of Department of Law Enforcement to
   34  accept fingerprints of, and exchange criminal history records
   35  with respect to, certain persons applying to the Office of
   36  Insurance Regulation.—
   37         (1) The Legislature finds that criminal activity of
   38  insurers poses a particular danger to the residents of this
   39  state. Floridians rely, in good faith, on the honest conduct of
   40  those who issue and manage insurance policies and other
   41  insurance instruments in this state. To safeguard this state’s
   42  residents, the Legislature finds it necessary to ensure that
   43  incorporators, subscribers, officers, employees, contractors,
   44  stockholders, directors, owners, members, managers, or
   45  volunteers involved in the organization, operation, or
   46  management of any insurer authorized to sell insurance in this
   47  state do not have a criminal background.
   48         (2) The Department of Law Enforcement shall accept and
   49  process fingerprints of incorporators, subscribers, officers,
   50  employees, contractors, stockholders, directors, owners,
   51  members, managers, or volunteers involved in the organization,
   52  operation, or management of:
   53         (a) Any insurer or proposed insurer transacting or
   54  proposing to transact insurance in this state.
   55         (b) Any entity that is eligible to be examined or
   56  investigated under s. 624.316.
   57         (3) Each person required to submit fingerprints to the
   58  office must provide a full set of fingerprints to the office or
   59  to a vendor, entity, or agency authorized under s. 943.053(13).
   60  The office, vendor, entity, or agency shall forward the
   61  fingerprints to the department for state processing, and the
   62  department shall forward the fingerprints to the Federal Bureau
   63  of Investigation for national processing as provided in s.
   64  624.34. Fees for state and federal fingerprint processing must
   65  be borne by the person submitting the fingerprints. The state
   66  cost for fingerprint processing is as provided in s.
   67  943.053(3)(e).
   68         (4) The department may, to the extent authorized by federal
   69  law, exchange any state or federal criminal history records with
   70  the office for the purpose of issuance or continuation of a
   71  certificate of authority, certification, or license to operate
   72  in this state.
   73         (5) Fingerprints must be submitted in accordance with rules
   74  adopted by the commission.
   75         (a) Fingerprints may be submitted through a third-party
   76  vendor authorized by the department.
   77         (b) The department shall conduct the state criminal history
   78  background check, and a federal criminal history background
   79  check shall be conducted through the Federal Bureau of
   80  Investigation.
   81         (c) All fingerprints submitted to the department must be
   82  submitted and entered into the statewide automated biometric
   83  identification system established in s. 943.05(2)(b) and
   84  available for use in accordance with s. 943.05(2)(g) and (h).
   85         (d) The costs of fingerprint processing, including the cost
   86  of retaining the fingerprints, must be borne by the person
   87  subject to the background checks.
   88         (e) The office shall review the results of the state and
   89  federal criminal history background checks and determine whether
   90  the applicant meets the requirements for the certificate of
   91  authority, certification, or license to operate in this state.
   92         (6) State criminal history records obtained through the
   93  department, federal criminal history records obtained through
   94  the Federal Bureau of Investigation, and local criminal history
   95  records obtained through local law enforcement agencies must be
   96  used by the office for the purpose of issuance, denial,
   97  suspension, or revocation of certificates of authority,
   98  certifications, or licenses issued to operate in this state.
   99         Section 2. This act shall take effect July 1, 2026.