Florida Senate - 2026                          SENATOR AMENDMENT
       Bill No. CS for SB 524
       
       
       
       
       
       
                                Ì712722}Î712722                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/04/2026 05:59 PM       .                                
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       Senator Simon moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 158 - 537
    4  and insert:
    5         Section 4. Effective upon becoming a law, section 624.34,
    6  Florida Statutes, is amended to read:
    7         624.34 Authority of Department of Law Enforcement to accept
    8  fingerprints of, and exchange criminal history records with
    9  respect to, certain persons.—
   10         (1) As used in this section, the term:
   11         (a)“Adjuster” means a public adjuster as defined in s.
   12  626.854 or an all-lines adjuster as defined in s. 626.8548.
   13         (b)“Agent” means a general lines agent as defined in s.
   14  626.015, a life agent as defined in s. 626.015, a health agent
   15  as defined in s. 626.015, a surplus lines agent as defined in s.
   16  626.914, a professional bail bond agent as defined in s. 648.25,
   17  a limited surety agent as defined in s. 648.25, a limited lines
   18  agent, a legal expense insurance sales representative who must
   19  meet the requirements of s. 642.034, or a title insurance agent
   20  as defined in s. 626.841. The term includes a producer but does
   21  not include a customer representative, limited customer
   22  representative, or service representative.
   23         (c)“Applicant for licensure” means a person who has
   24  applied to the department for a license.
   25         (d)“Control person,” with respect to a licensee or an
   26  applicant for licensure, means any of the following:
   27         1.A person who holds the title of owner, partner,
   28  director, president, senior vice president, treasurer, or
   29  limited liability company member.
   30         2.A person who holds any of the officer, general partner,
   31  manager, or managing member positions named in the governing
   32  documents. As used in this subparagraph, the term “governing
   33  documents” includes bylaws, articles of incorporation or
   34  organization, partnership agreements, shareholder agreements,
   35  and management or operating agreements.
   36         3.A director on the board of directors.
   37         4.A shareholder in whose name shares are registered in the
   38  records of a corporation for profit, whether incorporated under
   39  the laws of this state or organized under the laws of any other
   40  jurisdiction and existing in that legal form, who directly or
   41  indirectly has the power to vote 10 percent or more of a class
   42  of voting securities, or to sell or direct the sale of 10
   43  percent or more of a class of voting securities. As used in this
   44  subparagraph, the term “shareholder” means a person who owns at
   45  least one share of a corporation and whose ownership is
   46  reflected in the records of the corporation.
   47         (e)“License” means a license issued by the Department of
   48  Financial Services to an agent, an insurance agency as defined
   49  in s. 626.015, a title insurance agency as defined in s.
   50  626.841, an adjuster, an adjusting firm as defined in s.
   51  626.8695, a customer representative as defined in s. 626.015, a
   52  service representative as defined in s. 626.015, or a navigator
   53  as defined in s. 626.9951.
   54         (f)“Licensee” means a person who has a license.
   55         (g) “Limited lines agent” means an agent whose license is
   56  issued pursuant to s. 626.321.
   57         (h) “Person” has the same meaning as in s. 1.01.
   58         (i)“Producer” means a person required to be licensed under
   59  the laws of this state to sell, solicit, or negotiate insurance.
   60         (2) The Department of Law Enforcement shall may accept and
   61  process fingerprints taken of an individual who is a licensee,
   62  an applicant for licensure, or a control person of a licensee or
   63  an applicant for licensure organizers, incorporators,
   64  subscribers, officers, stockholders, directors, or any other
   65  persons involved, directly or indirectly, in the organization,
   66  operation, or management of:
   67         (a) Any insurer or proposed insurer transacting or
   68  proposing to transact insurance in this state.
   69         (b) Any other entity which is examined or investigated or
   70  which is eligible to be examined or investigated under the
   71  provisions of the Florida Insurance Code.
   72         (2) The Department of Law Enforcement may accept
   73  fingerprints of individuals who apply for a license as an agent,
   74  customer representative, adjuster, service representative, or
   75  navigator or the fingerprints of the majority owner, sole
   76  proprietor, partners, officers, and directors of a corporation
   77  or other legal entity that applies for licensure with the
   78  department or office under the Florida Insurance Code.
   79         (3)A full set of fingerprints of an individual described
   80  in subsection (2) must be submitted to the Department of
   81  Financial Services or to a vendor, an entity, or an agency
   82  authorized under s. 943.053(13). The Department of Financial
   83  Services, vendor, entity, or agency shall forward the
   84  fingerprints to the Department of Law Enforcement for state
   85  processing, and the Department of Law Enforcement shall forward
   86  the fingerprints to the Federal Bureau of Investigation for
   87  national processing pursuant to s. 624.34(5). Fees for state and
   88  federal fingerprint processing must be borne by the person
   89  submitting them. The state cost for fingerprint processing is as
   90  provided in s. 943.053(3)(e).
   91         (4)(3) The Department of Law Enforcement may, to the extent
   92  authorized provided for by federal law, exchange state, national
   93  multistate, and federal criminal history records with the
   94  Department of Financial Services department or office for the
   95  purpose of the issuance, denial, suspension, or revocation of a
   96  certificate of authority, certification, or license to operate
   97  in this state.
   98         (5)The full set of fingerprints for each individual
   99  described in subsection (2) must be submitted in accordance with
  100  rules adopted by the Department of Financial Services.
  101         (a)Fingerprints may be submitted through a third-party
  102  vendor authorized by the Department of Law Enforcement.
  103         (b)The Department of Law Enforcement shall conduct a state
  104  criminal history background check, and a federal criminal
  105  history background check must be conducted through the Federal
  106  Bureau of Investigation.
  107         (c)The Department of Financial Services shall review the
  108  results of the state and federal criminal history background
  109  checks and determine whether the applicant for licensure or
  110  licensee meets the requirements for a license to operate in this
  111  state.
  112         (4) The Department of Law Enforcement may accept
  113  fingerprints of any other person required by statute or rule to
  114  submit fingerprints to the department or office or any applicant
  115  or licensee regulated by the department or office who is
  116  required to demonstrate that he or she has not been convicted of
  117  or pled guilty or nolo contendere to a felony or a misdemeanor.
  118         (5) The Department of Law Enforcement shall, upon receipt
  119  of fingerprints from the department or office, submit the
  120  fingerprints to the Federal Bureau of Investigation to check
  121  federal criminal history records.
  122         (6) The Department of Financial Services shall use the
  123  statewide criminal records obtained through the Department of
  124  Law Enforcement, the federal criminal records obtained through
  125  the Federal Bureau of Investigation, and the local criminal
  126  records obtained through local law enforcement agencies shall be
  127  used by the department and office for the purpose of issuance,
  128  denial, suspension, or revocation of certificates of authority,
  129  certifications, or licenses issued to operate in this state.
  130         Section 5. Effective upon becoming a law, section 624.341,
  131  Florida Statutes, is created to read:
  132         624.341Authority of Department of Law Enforcement to
  133  accept fingerprints of, and exchange criminal history records
  134  with respect to, certain persons applying to the Office of
  135  Insurance Regulation.—
  136         (1)As used in this section, the term:
  137         (a)“Applicant for licensure” means a person who has
  138  applied to the office for a license.
  139         (b)“Control person,with respect to a licensee or an
  140  applicant for licensure, means key managerial personnel with
  141  authority over the financial and operational decisions of the
  142  entities licensed, certified, registered, or holding a
  143  certificate of authority under the Florida Insurance Code, and
  144  includes any of the following as required by the office:
  145         1.Incorporators, stockholders, officers, directors, and
  146  attorneys in fact captured under s. 624.404(3)(c), s.
  147  628.071(1)(c), s. 629.091(2), s. 632.638(3), or s. 641.22(6)(c).
  148         2. Trustees, officers, directors, and individuals
  149  responsible for the management of and conduct of the management
  150  of a multiple-employer welfare arrangement under s. 624.439(2).
  151         3.Individuals employed or retained by an administrator who
  152  are responsible for the conduct of the affairs of an
  153  administrator, including all members of the board of directors,
  154  board of trustees, executive committee, or other governing board
  155  or committee, and the principal officers in the case of a
  156  corporation or the partners or members in the case of a
  157  partnership or an association of an administrator under s.
  158  626.8805.
  159         4. Individuals responsible for the affairs of a viatical
  160  settlement provider, members of the board of directors, board of
  161  trustees, executive committee, or other governing board or
  162  committee, and any person or entity owning or having the right
  163  to acquire 10 percent or more of the voting securities of a
  164  viatical settlement provider under s. 626.9912.
  165         5.Management of a premium finance company under ss.
  166  627.829(1) and 627.832(1)(g) and (j).
  167         6.Directors, officers, trustees, and other individuals
  168  performing duties similar to those of a director, an officer or
  169  a trustee of a corporation, an association, or a trust under s.
  170  628.461(3)(a).
  171         7.Directors, officers, and trustees if a corporation, and
  172  partners, owners, managers, joint venturers, and others
  173  performing functions similar to those of a director, an officer,
  174  or a trustee, if not a corporation, of a specialty insurer under
  175  s. 628.4615(5)(a)7.
  176         8. Managers of a motor vehicle service agreement company
  177  under s. 634.041(2), a home warranty association under s.
  178  634.304(2), or a service warranty association under s.
  179  634.404(2).
  180         9. Members of the board of directors, board of trustees,
  181  executive committee, or other governing board or committee, the
  182  officers, contracted management company personnel, and any
  183  person or entity owning or having the right to acquire 10
  184  percent or more of the voting securities of a prepaid limit
  185  health service organization under s. 636.008 or a discount plan
  186  organization under s. 636.204(2)(c).
  187         10.Persons responsible for the conduct of the affairs of a
  188  prepaid health clinic under s. 641.405(2)(c), including all
  189  members of the governing body, the officers and directors in the
  190  case of a corporation, and the partners or associates in the
  191  case of a partnership or an association.
  192         11.Individuals who are directors and officers, and each
  193  shareholder who owns or controls 10 percent or more of the
  194  shares of the corporation, of a legal expense insurance business
  195  under ss. 642.021 and 642.032.
  196         12.Members, shareholders, and persons in charge of
  197  providing care under a certificate of authority subject to s.
  198  651.022(2)(c).
  199         (c)“License” means a certificate of authority,
  200  certification, registration, or license issued by the office.
  201         (d)“Licensee” means a person who has a license.
  202         (e) “Person” has the same meaning as in s. 1.01.
  203         (2)The Department of Law Enforcement shall accept and
  204  process fingerprints taken of an individual who is a licensee,
  205  an applicant for licensure, or a control person of a licensee or
  206  an applicant for licensure.
  207         (3)A full set of fingerprints of an individual described
  208  in subsection (2) must be submitted to the office or to a
  209  vendor, an entity, or an agency authorized under s. 943.053(13).
  210  The office, vendor, entity, or agency shall forward the
  211  fingerprints to the Department of Law Enforcement for state
  212  processing, and the Department of Law Enforcement shall forward
  213  the fingerprints to the Federal Bureau of Investigation for
  214  national processing pursuant to s. 624.34(5). Fees for state and
  215  federal fingerprint processing must be borne by the person
  216  submitting them. The state cost for fingerprint processing is as
  217  provided in s. 943.053(3)(e).
  218         (4)The Department of Law Enforcement may, to the extent
  219  authorized by federal law, exchange state, national, and federal
  220  criminal history records with the office for the purpose of the
  221  issuance, denial, suspension, or revocation of a certificate of
  222  authority, certification, registration, or license to operate in
  223  this state.
  224         (5)The full set of fingerprints for each individual
  225  described in subsection (2) must be submitted in accordance with
  226  rules adopted by the commission.
  227         (a)Fingerprints may be submitted through a third-party
  228  vendor authorized by the Department of Law Enforcement.
  229         (b)The Department of Law Enforcement shall conduct a state
  230  criminal history background check, and a federal criminal
  231  history background check shall be conducted through the Federal
  232  Bureau of Investigation.
  233         (c)The office shall review the results of the state and
  234  federal criminal history background checks and determine whether
  235  the applicant for licensure or licensee meets the requirements
  236  for a license to operate in this state.
  237         (6)The office shall use the statewide criminal records
  238  obtained through the Department of Law Enforcement, the federal
  239  criminal records obtained through the Federal Bureau of
  240  Investigation, and the local criminal records obtained through
  241  local law enforcement agencies for the purpose of issuance,
  242  denial, suspension, or revocation of certificates of authority,
  243  certifications, registrations, or licenses required to operate
  244  in this state.
  245         Section 6. Section 943.0417, Florida Statutes, is created
  246  to read:
  247         943.0417Statewide law enforcement apprenticeship program.
  248  The Florida Deputy Sheriffs Association, Inc., shall continue
  249  the statewide law enforcement grant program certified by the
  250  Department of Education to recruit, select, train, certify, and
  251  retain deputy sheriff candidates who lack the funds to attend a
  252  certified law enforcement academy within this state. The grants
  253  must be awarded to local law enforcement agencies, with priority
  254  given for fiscally constrained counties. The association may
  255  coordinate with the department to implement the program.
  256         Section 7. Section 943.0536, Florida Statutes, is created
  257  to read:
  258         943.0536Immigration detainer information; collection and
  259  storage; fingerprinting.—
  260         (1)As used in this section, the terms “immigration
  261  detainer” and “law enforcement agency” have the same meaning as
  262  in s. 908.102.
  263         (2)The department’s Criminal Justice Information Program,
  264  acting as this state’s central criminal justice information
  265  repository, shall collect, process, store, maintain, and
  266  disseminate immigration detainer information.
  267         (3)(a)Each law enforcement agency shall capture and
  268  electronically submit to the department, in the manner
  269  prescribed by rule, the fingerprints of a qualifying offender as
  270  defined in s. 943.325 who is in its custody and subject to an
  271  immigration detainer.
  272         (b)Upon receipt of the fingerprints required to be
  273  submitted pursuant to paragraph (a), the department shall create
  274  a record containing the qualifying offender’s immigration
  275  detainer information.
  276         Section 8. Section 943.0581, Florida Statutes, is amended
  277  to read:
  278         943.0581 Administrative expunction for arrests or
  279  immigration detainer records made contrary to law or by
  280  mistake.—
  281         (1) Notwithstanding any law dealing generally with the
  282  preservation and destruction of public records, the department
  283  may adopt a rule pursuant to chapter 120 for the administrative
  284  expunction of any nonjudicial record of an arrest or record
  285  containing immigration detainer information described in s.
  286  943.0536 of a minor or an adult made contrary to law or by
  287  mistake.
  288         (2) A law enforcement agency shall apply to the department
  289  in the manner prescribed by rule for the administrative
  290  expunction of any nonjudicial record of any arrest or record
  291  containing immigration detainer information described in s.
  292  943.0536 of a minor or an adult who is subsequently determined
  293  by the agency, at its discretion, or by the final order of a
  294  court of competent jurisdiction, to have been arrested or
  295  detained contrary to law or by mistake.
  296         (3) An adult or, in the case of a minor child, the parent
  297  or legal guardian of the minor child, may apply to the
  298  department in the manner prescribed by rule for the
  299  administrative expunction of any nonjudicial record of an arrest
  300  or record containing immigration detainer information described
  301  in s. 943.0536 alleged to have been made contrary to law or by
  302  mistake, provided that the application is supported by the
  303  endorsement of the head of the arresting or detaining agency or
  304  his or her designee or the state attorney of the judicial
  305  circuit in which the arrest or detainment occurred or his or her
  306  designee.
  307         (4) An application for administrative expunction shall
  308  include the date and time of the arrest, the name of the person
  309  arrested, the offender-based tracking system (OBTS) number, and
  310  the crime or crimes charged. The application shall be on the
  311  submitting agency’s letterhead and shall be signed by the head
  312  of the submitting agency or his or her designee.
  313         (5) If the person was arrested on a warrant, capias, or
  314  pickup order, a request for an administrative expunction may be
  315  made by the sheriff of the county in which the warrant, capias,
  316  or pickup order was issued or his or her designee or by the
  317  state attorney of the judicial circuit in which the warrant,
  318  capias, or pickup order was issued or his or her designee.
  319         (6) An application for an administrative expunction of a
  320  record containing immigration detainer information as described
  321  in s. 943.0536 must include the date and time the person was
  322  detained, the person’s name, the OBTS number, and information
  323  relating to the immigration detainer. The application must be on
  324  the submitting agency’s letterhead and must be signed by the
  325  head of the submitting agency or his or her designee.
  326         (7) An application or endorsement under this section is not
  327  admissible as evidence in any judicial or administrative
  328  proceeding and may not be construed in any way as an admission
  329  of liability in connection with an arrest or detention.
  330         Section 9. Paragraph (a) of subsection (1) of section
  331  943.11, Florida Statutes, is amended to read:
  332         943.11 Criminal Justice Standards and Training Commission;
  333  membership; meetings; compensation.—
  334         (1)(a) There is created a Criminal Justice Standards and
  335  Training Commission within the Department of Law Enforcement.
  336  The Criminal Justice Professionalism Program shall provide staff
  337  support to the commission as authorized in s. 943.09; however,
  338  the commission must act independently of any criminal justice
  339  agency. The commission shall be composed of 19 members,
  340  consisting of the Secretary of Corrections or a designated
  341  assistant; the Attorney General or a designee; the Director of
  342  the Division of the Florida Highway Patrol; and 16 members
  343  appointed by the Governor, consisting of 3 sheriffs; 3 chiefs of
  344  police; 5 law enforcement officers who are of the rank of
  345  sergeant or below within the employing agency; 2 correctional
  346  officers, 1 of whom is an administrator of a state correctional
  347  institution and 1 of whom is of the rank of sergeant or below
  348  within the employing agency; 1 training center director; 1
  349  person who is in charge of a county correctional institution;
  350  and 1 resident of the state who falls into none of the foregoing
  351  classifications. Prior to the appointment, the sheriff, chief of
  352  police, law enforcement officer, and correctional officer
  353  members must have had at least 4 years’ experience as law
  354  enforcement officers or correctional officers.
  355         Section 10. Present subsection (10) of section 943.1395,
  356  Florida Statutes, is redesignated as subsection (11), and a new
  357  subsection (10) is added to that section, to read:
  358         943.1395 Certification for employment or appointment;
  359  concurrent certification; reemployment or reappointment;
  360  inactive status; revocation; suspension; investigation.—
  361         (10) Notwithstanding s. 120.60(5), when an administrative
  362  complaint is served on a certified law enforcement officer, a
  363  correctional officer, a correctional probation officer, or an
  364  instructor, commission staff shall provide service by certified
  365  mail to the certified officer’s or instructor’s last known
  366  address of record and, if possible, by e-mail. If the person
  367  providing service does not provide commission staff with proof
  368  of service, commission staff must call the last known telephone
  369  number of record and cause a short, plain notice to the
  370  certified officer or instructor to be posted on the front
  371  
  372  ================= T I T L E  A M E N D M E N T ================
  373  And the title is amended as follows:
  374         Delete lines 18 - 92
  375  and insert:
  376         amending s. 624.34, F.S.; defining terms; requiring
  377         the Department of Law Enforcement to accept and
  378         process fingerprints taken of natural persons who are
  379         control persons of a licensee or are applicants for
  380         licensure; deleting provisions authorizing the
  381         department to accept fingerprints of specified persons
  382         or entities; requiring that a full set of fingerprints
  383         of a certain natural person be submitted to the
  384         Department of Financial Services or specified
  385         authorized vendors, entities, or agencies; requiring
  386         the forwarding of the fingerprints to specified
  387         entities; authorizing the Department of Law
  388         Enforcement to exchange criminal history records with
  389         the Department of Financial Services for a specified
  390         purpose; requiring that the full set of fingerprints
  391         be submitted in accordance with rules adopted by the
  392         Department of Financial Services; providing duties and
  393         responsibilities regarding the fingerprints and
  394         fingerprinting; requiring the Department of Financial
  395         Services to use certain criminal history records for
  396         specified purposes; creating s. 624.341, F.S.;
  397         defining terms; requiring the Department of Law
  398         Enforcement to accept and process fingerprints taken
  399         of natural persons who are control persons of a
  400         licensee or are applicants for licensure; requiring
  401         that a full set of fingerprints of a certain natural
  402         person be submitted to the Office of Insurance
  403         Regulation of the Financial Services Commission or
  404         specified authorized vendors, entities, or agencies;
  405         requiring the forwarding of the fingerprints to
  406         specified entities; authorizing the department to
  407         exchange criminal history records with the office for
  408         a specified purpose; requiring that the full set of
  409         fingerprints be submitted in accordance with rules
  410         adopted by the Financial Services Commission;
  411         providing duties and responsibilities regarding the
  412         fingerprints and fingerprinting; requiring the office
  413         to use certain criminal history records for specified
  414         purposes; creating s. 943.0417, F.S.; requiring the
  415         Florida Deputy Sheriffs Association, Inc., to continue
  416         the statewide law enforcement grant program certified
  417         by the Department of Education for certain purposes;
  418         creating s. 943.0536, F.S.; defining the terms
  419         “immigration detainer” and “law enforcement agency”;
  420         requiring the Department of Law Enforcement’s Criminal
  421         Justice Information Program to collect, process,
  422         store, maintain, and disseminate immigration detainer
  423         information; requiring each law enforcement agency to
  424         capture and electronically submit to the department
  425         the fingerprints of certain qualifying offenders;
  426         requiring the department to create certain records;
  427         amending s. 943.0581, F.S.; authorizing the department
  428         to adopt rules; requiring law enforcement agencies to
  429         apply to the department for the administrative
  430         expunction of specified nonjudicial records containing
  431         immigration detainer information of minors and adults
  432         made contrary to law or by mistake; authorizing
  433         individuals to apply to the department for the
  434         administrative expunction of such records; specifying
  435         application requirements; amending s. 943.11, F.S.;
  436         requiring the Criminal Justice Professionalism Program
  437         to provide staff support to the Criminal Justice
  438         Standards and Training Commission; requiring the
  439         commission to act independently of any criminal
  440         justice agency; amending s. 943.1395, F.S.; requiring
  441         commission staff to provide service by certified mail
  442         to certain certified officer’s or instructor’s last
  443         known address of record