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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to Department of Financial Services; 2
repealing s. 17.0315, F.S., relating to the financial 3
and cash management system and task force; amending s. 4
110.123, F.S.; revising definitions; authorizing 5
specified persons relating to the Division of 6
Rehabilitation and Liquidation to purchase coverage in 7
a state group health insurance plan at specified 8
premium costs; providing that the enrollment period 9
for the state group insurance program begins with a 10
specified plan year for certain persons relatin g to 11
the division; amending s. 110.131, F.S.; conforming a 12
cross-reference; amending s. 120.541, F.S.; revising 13
applicability of certain provisions relating to a 14
specified proposed rule; amending s. 215.34, F.S.; 15
deleting the requirement for specified enti ties 16
receiving certain charged -back items to prepare a 17
journal transfer; amending s. 215.93, F.S.; renaming a 18
subsystem of the Florida Financial Management 19
Information System; amending s. 215.94, F.S.; 20
conforming a provision to changes made by the act; 21
amending s. 216.102, F.S.; making technical changes; 22
amending s. 218.32, F.S.; revising legislative intent; 23
providing functions of the Florida Open Financial 24
Statement System; requiring local governments to use 25
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the system to file specified reports; providing 26
requirements for the system; revising the list of 27
entities with which the Chief Financial Officer may 28
consult with regard to the system; authorizing, rather 29
than requiring, certain local governmental financial 30
statements to be filed in a specified format; deleting 31
certain requirements for such statements; providing 32
construction; providing exceptions; amending s. 33
414.40, F.S.; transferring the Stop Inmate Fraud 34
Program from the Department of Financial Services to 35
the Department of Economic Opportunity; autho rizing 36
the program to provide reports of certain data to the 37
Division of Public Assistance Fraud for a specified 38
purpose; amending s. 440.02, F.S.; revising the 39
definition of the term "employer"; amending s. 440.05, 40
F.S.; revising information that must be submitted with 41
the notice of election to be exempt from workers' 42
compensation coverage; requiring the circumstances 43
under which the Department of Financial Services must 44
send certain notifications to workers' compensation 45
carriers; requiring such notificat ions to be 46
electronic; requiring certificates of election to be 47
exempt to contain certain notice; deleting a provision 48
requiring certain corporation officers to maintain 49
business records; revising applicability of 50
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certificates of election to be exempt; ame nding s. 51
440.107, F.S.; revising the timeframe for certain 52
employers to produce specified records under certain 53
circumstances; prohibiting employers who have failed 54
to secure payment of workers' compensation from 55
entering a payment agreement schedule with the 56
department unless a specified condition is met; 57
revising circumstances that result in immediate 58
reinstatement of stop -work orders; revising penalty 59
assessments; amending s. 440.13, F.S.; revising 60
statewide schedules of maximum reimbursement 61
allowances for medically necessary treatment, care, 62
and attendance; authorizing the department to adopt 63
rules; amending s. 440.185, F.S.; revising the 64
timeline and methods for workers' compensation 65
carriers to send certain informational brochure to 66
injured workers; revising methods by which such 67
informational brochure is sent to employers; amending 68
s. 440.381, F.S.; specifying new and renewal workers' 69
compensation policies that require physical onsite 70
audits for a specified class; amending s. 497.277, 71
F.S.; deleting a cap on transferring burial rights 72
fees; amending s. 497.369, F.S.; revising requirements 73
for licenses by endorsement to practice embalming; 74
amending s. 497.372, F.S.; revising the scope of 75
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funeral directing practice; amending s. 497.374, F.S.; 76
revising requirements for licenses by endorsement to 77
practice funeral directing; amending s. 554.108, F.S.; 78
requiring boilers manufactured after a specified date, 79
rather than boilers of certain heat input, to be 80
stamped with a specified code symbol; revising the 81
boilers' information that must be filed; requiring 82
that specified spaces and rooms be equipped with 83
carbon monoxide detector devices; amending s. 554.111, 84
F.S.; deleting a requirement for a specified fee for a 85
certificate of competency; requiring applications for 86
boiler permits to include a specified report; revising 87
the purpose for special trips that the department is 88
required to make for boiler inspections; amending s. 89
554.114, F.S.; revising the schedules of penalties 90
against boiler insurance companies, insp ection 91
agencies, and other persons for specified violations; 92
amending s. 624.423, F.S.; specifying procedures for 93
service of process upon insurers; amending s. 626.015, 94
F.S.; revising the definition of the term 95
"unaffiliated insurance agent"; amending s. 6 26.171, 96
F.S.; requiring fingerprints for certain licenses to 97
be processed in accordance with specified laws; 98
amending s. 626.172, F.S.; revising the method by 99
which fingerprints for applications for insurance 100
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agency licenses are submitted; deleting a finge rprint 101
processing fee; creating s. 626.173, F.S.; requiring 102
insurance agencies' licenses to be immediately 103
cancelled under certain circumstances; providing the 104
method by which such cancellations must be made; 105
providing duties for certain insurance agency p ersons 106
within a specified timeframe after cessation of 107
insurance transactions; authorizing the department to 108
impose administrative fines against such persons for 109
specified violations; providing a cap on such fines; 110
authorizing the department and the Office of Insurance 111
Regulation to suspend or revoke licenses under certain 112
circumstances; providing requirements for determining 113
penalties and remedies; amending s. 626.201, F.S.; 114
conforming a provision to changes made by the act; 115
providing continuation of juris diction of the 116
licensing authority to investigate and prosecute 117
specified violations under certain circumstances; 118
amending s. 626.202, F.S.; conforming provisions to 119
changes made by the act; amending s. 626.221, F.S.; 120
adding a designation to the list of de signations that 121
allow applicants for all -lines adjuster license to be 122
exempt from an examination; amending s. 626.311, F.S.; 123
providing an exception to the prohibition against 124
unaffiliated insurance agents' holding appointments 125
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from insurers; amending ss. 6 26.321, 626.601, 126
626.8411, and 626.8412, F.S.; conforming provisions to 127
changes made by the act; amending s. 626.8417, F.S.; 128
revising requirements to qualify for title insurance 129
agent licenses; amending s. 626.8421, F.S.; requiring 130
title agencies to have s eparate appointments under 131
certain circumstances; amending s. 626.843, F.S.; 132
providing appointments of title insurance agencies; 133
amending s. 626.8433, F.S.; requiring title insurers 134
that terminate appointments of title insurance 135
agencies to file certain in formation with the 136
department; amending s. 626.8447, F.S.; providing 137
effects of suspension or revocation of title insurance 138
agency licenses; amending s. 626.854, F.S.; providing 139
restrictions on public adjuster compensations; 140
providing exceptions to such re strictions; amending s. 141
626.8561, F.S.; revising the definition of the term 142
"public adjuster apprentice"; amending s. 626.865, 143
F.S.; revising requirements to qualify for public 144
adjuster licenses; requiring that certain bonds remain 145
in effect for a specifie d period after expiration of 146
the license; amending s. 626.8651, F.S.; requiring 147
that certain bonds remain in effect for a specified 148
period after expiration of the public adjuster 149
apprentice license; revising requirements for public 150
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adjuster apprentices to be, act as, or hold themselves 151
out to be public adjust apprentices; amending s. 152
626.8696, F.S.; revising requirements for adjusting 153
firm license applications; amending s. 626.8732, F.S.; 154
requiring applicants for nonresident public adjuster 155
licenses to maintain certain bonds after the 156
expiration or termination of licenses; amending ss. 157
626.8734 and 626.9953, F.S.; conforming provisions to 158
changes made by the act; amending s. 633.135, F.S.; 159
providing additional uses for firefighter funds; 160
amending s. 633.216, F.S.; revising requirements for 161
renewal of firesafety inspector certificates; amending 162
s. 633.408, F.S.; revising requirements for the 163
issuance of a Firefighter Certificate of Compliance 164
and Special Certificate of Compliance; deleting 165
provisions relating to requirements to retain a 166
Special Certificate of Compliance; amending s. 167
633.414, F.S.; providing requirements to retain a 168
Special Certificate of Compliance; revising 169
requirements to retain a Firefighter Certificate of 170
Compliance; providing a definition; amending ss. 171
648.34 and 648.355, F.S.; conforming provisions to 172
changes made by the act; amending s. 648.46, F.S.; 173
providing continuation of jurisdiction of the 174
licensing authority to investigate and prosecute 175
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specified violations under certain circumstan ces; 176
repealing s. 766.105, F.S., relating to the Florida 177
Patient's Compensation Fund; amending ss. 945.6041 and 178
985.6441, F.S.; conforming provisions to changes made 179
by the act; requiring the Department of Financial 180
Services to supervise liquidation and di ssolution of 181
the Florida Patient's Compensation Fund and to have 182
all power granted to it with respect to such 183
liquidation or dissolution; transferring the Stop 184
Inmate Fraud Program within the Department of 185
Financial Services to the Department of Economic 186
Opportunity by a type two transfer; providing 187
effective dates. 188
189
Be It Enacted by the Legislature of the State of Florida: 190
191
Section 1. Section 17.0315, Florida Statutes, is repealed. 192
Section 2. Subsections (9) through (13) of section 193
110.123, Florida Statutes, are renumbered as subsection (10) 194
through (14), respectively, paragraphs (b), (c), (f), (h), (i), 195
and (o) of subsection (2) and paragraph (i) of subsection (5) 196
are amended, and a new subsection (9) is added to that section, 197
to read: 198
110.123 State group insurance program. — 199
(2) DEFINITIONS.—As used in ss. 110.123 -110.1239, the 200
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term: 201
(b) "Enrollee" means all state officers and employees, 202
retired state officers and employees, surviving spouses of 203
deceased state officers and employees, and t erminated employees 204
or individuals with continuation coverage who are enrolled in an 205
insurance plan offered by the state group insurance program. The 206
term "Enrollee" includes all state university officers and 207
employees, retired state university officers an d employees, 208
surviving spouses of deceased state university officers and 209
employees, and terminated state university employees or 210
individuals with continuation coverage who are enrolled in an 211
insurance plan offered by the state group insurance program. As 212
used in this paragraph, state employees and retired state 213
employees also include employees and retired employees of the 214
Division of Rehabilitation and Liquidation. 215
(c) "Full-time state employees" means employees of all 216
branches or agencies of state govern ment holding salaried 217
positions who are paid by state warrant or from agency funds and 218
who work or are expected to work an average of at least 30 or 219
more hours per week; employees of the Division of Rehabilitation 220
and Liquidation who work or are expected t o work an average of 221
at least 30 hours per week; employees paid from regular salary 222
appropriations for 8 months' employment, including university 223
personnel on academic contracts; and employees paid from other -224
personal-services (OPS) funds as described in s ubparagraphs 1. 225
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and 2. The term includes all full -time employees of the state 226
universities. The term does not include seasonal workers who are 227
paid from OPS funds. 228
1. For persons hired before April 1, 2013, the term 229
includes any person paid from OPS fund s who: 230
a. Has worked an average of at least 30 hours or more per 231
week during the initial measurement period from April 1, 2013, 232
through September 30, 2013; or 233
b. Has worked an average of at least 30 hours or more per 234
week during a subsequent measuremen t period. 235
2. For persons hired after April 1, 2013, the term 236
includes any person paid from OPS funds who: 237
a. Is reasonably expected to work an average of at least 238
30 hours or more per week; or 239
b. Has worked an average of at least 30 hours or more per 240
week during the person's measurement period. 241
(f) "Part-time state employee" means an employee of any 242
branch or agency of state government paid by state warrant from 243
salary appropriations or from agency funds , or an employee of 244
the Division of Rehabilitation and Liquidation , and who is 245
employed for less than an average of 30 hours per week or, if on 246
academic contract or seasonal or other type of employment which 247
is less than year-round, is employed for less than 8 months 248
during any 12-month period, but does not include a person paid 249
from other-personal-services (OPS) funds. The term includes all 250
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part-time employees of the state universities. 251
(h) "Retired state officer or employee" or "retiree" means 252
any state or state university officer or empl oyee, or, beginning 253
with the 2023 plan year, an employee of the Division of 254
Rehabilitation and Liquidation, who retires under a state 255
retirement system or a state optional annuity or retirement 256
program or is placed on disability retirement, and who was 257
insured under the state group insurance program or the Division 258
of Rehabilitation and Liquidation's group insurance program at 259
the time of retirement, and who begins receiving retirement 260
benefits immediately after retirement from state or state 261
university office or employment. The term also includes any 262
state officer or state employee who retires under the Florida 263
Retirement System Investment Plan established under part II of 264
chapter 121 if he or she: 265
1. Meets the age and service requirements to qualify for 266
normal retirement as set forth in s. 121.021(29); or 267
2. Has attained the age specified by s. 72(t)(2)(A)(i) of 268
the Internal Revenue Code and has 6 years of creditable service. 269
(i) "State agency" or "agency" means any branch, 270
department, or agency of st ate government. "State agency" or 271
"agency" includes any state university and the Division of 272
Rehabilitation and Liquidation for purposes of this section 273
only. 274
(o) "Surviving spouse" means the widow or widower of a 275
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deceased state officer, full -time state employee, part-time 276
state employee, or retiree if such widow or widower was covered 277
as a dependent under the state group health insurance plan, 278
TRICARE supplemental insurance plan, or a health maintenance 279
organization plan established pursuant to this sect ion, or the 280
Division of Rehabilitation and Liquidation's group insurance 281
program at the time of the death of the deceased officer, 282
employee, or retiree. "Surviving spouse" also means any widow or 283
widower who is receiving or eligible to receive a monthly st ate 284
warrant from a state retirement system as the beneficiary of a 285
state officer, full-time state employee, or retiree who died 286
prior to July 1, 1979. For the purposes of this section, any 287
such widow or widower shall cease to be a surviving spouse upon 288
his or her remarriage. 289
(5) DEPARTMENT POWERS AND DUTIES. —The department is 290
responsible for the administration of the state group insurance 291
program. The department shall initiate and supervise the program 292
as established by this section and shall adopt such r ules as are 293
necessary to perform its responsibilities. To implement this 294
program, the department shall, with prior approval by the 295
Legislature: 296
(i) Contract with a single custodian to provide services 297
necessary to implement and administer the health savi ngs 298
accounts authorized in subsection (13) (12). 299
300
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Final decisions concerning enrollment, the existence of 301
coverage, or covered benefits under the state group insurance 302
program shall not be delegated or deemed to have been delegated 303
by the department. 304
(9) COVERAGE AND ENROLLMENT PERIOD FOR EMPLOYEES, 305
RETIREES, AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF 306
THE DIVISION OF REHABILITATION AND LIQUIDATION. — 307
(a) Beginning with the 2023 plan year: 308
1. A retired employee insured under the Division of 309
Rehabilitation and Liquidation's group insurance program, or a 310
widow or widower of an employee or of a retired employee of the 311
Division of Rehabilitation and Liquidation who is covered as a 312
dependent under the Division of Rehabilitation and Liquidation's 313
group insurance program, may purchase coverage in a state group 314
health insurance plan at the same premium cost as that for a 315
retiree or a surviving spouse, respectively, enrolled in the 316
state group insurance program. 317
2. A terminated employee of the Division of Rehabilitation 318
and Liquidation, or an individual with continuing coverage, who 319
is insured under the Division of Rehabilitation and 320
Liquidation's group insurance program, may purchase coverage in 321
a state group health insurance plan at the same premium c ost as 322
that for a terminated employee or an individual with 323
continuation coverage, respectively, enrolled in the state group 324
insurance program. 325
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(b) The enrollment period for the state group insurance 326
program begins with the 2023 plan year for: 327
1. Current and retired employees of the Division of 328
Rehabilitation and Liquidation. 329
2. Widows and widowers of employees and of retired 330
employees of the Division of Rehabilitation and Liquidation. 331
3. Terminated employees of the Division of Rehabilitation 332
and Liquidation, or individuals with continuation coverage, who 333
are insured under the Division of Rehabilitation and 334
Liquidation's group insurance program. 335
Section 3. Subsection (5) of section 110.131, Florida 336
Statutes, is amended to read: 337
110.131 Other-personal-services employment. — 338
(5) Beginning January 1, 2014, an other -personal-services 339
(OPS) employee who has worked an average of at least 30 or more 340
hours per week during the measurement period described in s. 341
110.123(14)(c) or (d) s. 110.123(13)(c) or (d), or who is 342
reasonably expected to work an average of at least 30 or more 343
hours per week following his or her employment, is eligible to 344
participate in the state group insurance program as provided 345
under s. 110.123. 346
Section 4. Paragraph (d) is ad ded to subsection (4) of 347
section 120.541, Florida Statutes, and paragraph (a) of 348
subsection (2) and subsection (3) of that section are 349
republished, to read: 350
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120.541 Statement of estimated regulatory costs. — 351
(2) A statement of estimated regulatory costs shall 352
include: 353
(a) An economic analysis showing whether the rule directly 354
or indirectly: 355
1. Is likely to have an adverse impact on economic growth, 356
private sector job creation or employment, or private sector 357
investment in excess of $1 million in the aggregate within 5 358
years after the implementation of the rule; 359
2. Is likely to have an adverse impact on business 360
competitiveness, including the ability of persons doing business 361
in the state to compete with persons doing business in other 362
states or domestic markets, productivity, or innovation in 363
excess of $1 million in the aggregate within 5 years after the 364
implementation of the rule; or 365
3. Is likely to increase regulatory costs, including any 366
transactional costs, in excess of $1 million in the aggreg ate 367
within 5 years after the implementation of the rule. 368
(3) If the adverse impact or regulatory costs of the rule 369
exceed any of the criteria established in paragraph (2)(a), the 370
rule shall be submitted to the President of the Senate and 371
Speaker of the House of Representatives no later than 30 days 372
prior to the next regular legislative session, and the rule may 373
not take effect until it is ratified by the Legislature. 374
(4) Subsection (3) does not apply to the adoption of: 375
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(d) Schedules of maximum reimbursement allowances by the 376
three-member panel which are expressly authorized by s. 440.13. 377
Section 5. Subsection (1) of section 215.34, Florida 378
Statutes, is amended to read: 379
215.34 State funds; noncollectible items; procedure. — 380
(1) Any check, draft, or other order for the payment of 381
money in payment of any licenses, fees, taxes, commissions, or 382
charges of any sort authorized to be made under the laws of the 383
state and deposited in the State Treasury as provided herein, 384
which may be returned for any reason by the bank or other payor 385
upon which same shall have been drawn shall be forthwith 386
returned by the Chief Financial Officer for collection to the 387
state officer, the state agency, or the entity of the judicial 388
branch making the deposit. In such c ase, the Chief Financial 389
Officer may issue a debit memorandum charging an account of the 390
agency, officer, or entity of the judicial branch which 391
originally received the payment. The original of the debit 392
memorandum shall state the reason for the return of the check, 393
draft, or other order and shall accompany the item being 394
returned to the officer, agency, or entity of the judicial 395
branch being charged. The officer, agency, or entity of the 396
judicial branch receiving the charged -back item shall prepare a 397
journal transfer which shall debit the charge against the fund 398
or account to which the same shall have been originally 399
credited. Such procedure for handling noncollectible items shall 400
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not be construed as paying funds out of the State Treasury 401
without an appropriation, but shall be considered as an 402
administrative procedure for the efficient handling of state 403
records and accounts. 404
Section 6. Paragraph (c) of subsection (1) of section 405
215.93, Florida Statutes, is amended to read: 406
215.93 Florida Financial Mana gement Information System. — 407
(1) To provide the information necessary to carry out the 408
intent of the Legislature, there shall be a Florida Financial 409
Management Information System. The Florida Financial Management 410
Information System shall be fully implemen ted and shall be 411
upgraded as necessary to ensure the efficient operation of an 412
integrated financial management information system and to 413
provide necessary information for the effective operation of 414
state government. Upon the recommendation of the coordinat ing 415
council and approval of the board, the Florida Financial 416
Management Information System may require data from any state 417
agency information system or information subsystem or may 418
request data from any judicial branch information system or 419
information subsystem that the coordinating council and board 420
have determined to have statewide financial management 421
significance. Each functional owner information subsystem within 422
the Florida Financial Management Information System shall be 423
developed in such a fashion as to allow for timely, positive, 424
preplanned, and prescribed data transfers between the Florida 425
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Financial Management Information System functional owner 426
information subsystems and from other information systems. The 427
principal unit of the system shall be th e functional owner 428
information subsystem, and the system shall include, but shall 429
not be limited to, the following: 430
(c) Financial Cash Management Subsystem. 431
Section 7. Subsection (3) of section 215.94, Florida 432
Statutes, is amended to read: 433
215.94 Designation, duties, and responsibilities of 434
functional owners.— 435
(3) The Chief Financial Officer shall be the functional 436
owner of the Financial Cash Management Subsystem. The Chief 437
Financial Officer shall design, implement, and operate the 438
subsystem in accordance with the provisions of ss. 215.90 -439
215.96. The subsystem shall include, but shall not be limited 440
to, functions for: 441
(a) Recording and reconciling credits and debits to 442
treasury fund accounts. 443
(b) Monitoring cash levels and activities in state b ank 444
accounts. 445
(c) Monitoring short -term investments of idle cash. 446
(d) Administering the provisions of the Federal Cash 447
Management Improvement Act of 1990. 448
Section 8. Subsection (3) of section 216.102, Florida 449
Statutes, is amended to read: 450
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216.102 Filing of financial information; handling by Chief 451
Financial Officer; penalty for noncompliance. — 452
(3) The Chief Financial Officer shall: 453
(a) Prepare and furnish to the Auditor General annual 454
financial statements for the state on or before December 31 of 455
each year, using generally accepted accounting principles. 456
(b) Prepare and publish an annual a comprehensive annual 457
financial report for the state in accordance with generally 458
accepted accounting principles on or before February 28 of each 459
year. 460
(c) Furnish the Governor, the President of the Senate, and 461
the Speaker of the House of Representatives with a copy of the 462
annual comprehensive annual financial report prepared pursuant 463
to paragraph (b). 464
(d) Notify each agency and the judicial branch of the data 465
that is required to be recorded to enhance accountability for 466
tracking federal financial assistance. 467
(e) Provide reports, as requested, to executive or 468
judicial branch entities, the President of the Senate, the 469
Speaker of the House of Representa tives, and the members of the 470
Florida Congressional Delegation, detailing the federal 471
financial assistance received and disbursed by state agencies 472
and the judicial branch. 473
(f) Consult with and elicit comments from the Executive 474
Office of the Governor on changes to the Florida Accounting 475
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Information Resource Subsystem which clearly affect the 476
accounting of federal funds, so as to ensure consistency of 477
information entered into the Federal Aid Tracking System by 478
state executive and judicial branch entities. While efforts 479
shall be made to ensure the compatibility of the Florida 480
Accounting Information Resource Subsystem and the Federal Aid 481
Tracking System, any successive systems serving identical or 482
similar functions shall preserve such compatibility. 483
484
The Chief Financial Officer may furnish and publish in 485
electronic form the financial statements and the annual 486
comprehensive annual financial report required under paragraphs 487
(a), (b), and (c). 488
Section 9. Paragraph (h) of subsection (1) of section 489
218.32, Florida Statutes, is amended, and paragraph (i) is added 490
to subsection (1) of that section, to read: 491
218.32 Annual financial reports; local governmental 492
entities.— 493
(1) 494
(h) It is the intent of the Legislature to create The 495
Florida Open Financial Statement System must serve as, an 496
interactive repository for governmental financial statements. 497
This system serves as the primary reporting location for 498
government financial information. A local government shall use 499
the system to file with the department copies of all audit 500
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reports compiled pursuant to ss. 11.45 and 218.39. The system 501
must be accessible to the public and must be open to inspection 502
at all times by the Legislature, the Auditor General, and the 503
Chief Inspector Gene ral. 504
1. The Chief Financial Officer may consult with 505
stakeholders with regard to, including the department, the 506
Auditor General, a representative of a municipality or county, a 507
representative of a special district, a municipal bond investor, 508
and an information technology professional employed in the 509
private sector, for input on the design and implementation of 510
the Florida Open Financial Statement System. 511
2. The Chief Financial Officer may choose contractors to 512
build one or more eXtensible Business Repor ting Language (XBRL) 513
taxonomies suitable for state, county, municipal, and special 514
district financial filings and to create a software tool that 515
enables financial statement filers to easily create XBRL 516
documents consistent with such taxonomies. The Chief F inancial 517
Officer must recruit and select contractors through an open 518
request for proposals process pursuant to chapter 287. 519
3. The Chief Financial Officer must require that all work 520
products be completed no later than December 31, 2021. 521
4. If the Chief Financial Officer deems the work products 522
adequate, all local governmental financial statements for fiscal 523
years ending on or after September 1, 2022, may must be filed in 524
XBRL format prescribed by the Chief Financial Officer and must 525
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meet the validation requirements of the relevant taxonomy . 526
5. A local government that begins filing in XBRL format 527
may not be required to make filings in Portable Document Format. 528
(i) Each local governmental entity that enters all 529
required information in the Florida Open Financial Statement 530
System is deemed to be compliant with this section, except as 531
otherwise provided in this section. 532
Section 10. Section 414.40, Florida Statutes, is amended 533
to read: 534
414.40 Stop Inmate Fraud Program established; guidelines. — 535
(1) There is created within the Department of Economic 536
Opportunity Financial Services a Stop Inmate Fraud Program. 537
(2) The Department of Economic Opportunity Financial 538
Services is directed to implement the Stop Inmate Fraud Program 539
in accordance with the foll owing guidelines: 540
(a) The program shall establish procedures for sharing 541
public records not exempt from the public records law among 542
social services agencies regarding the identities of persons 543
incarcerated in state correctional institutions, as defined in 544
s. 944.02, and or in county, municipal, or regional jails or 545
other detention facilities of local governments under chapter 546
950 and or chapter 951 who are wrongfully receiving public 547
assistance benefits or entitlement benefits. 548
(b) Pursuant to these pr ocedures, the program shall have 549
access to records containing correctional information not exempt 550
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from the public records law on incarcerated persons which have 551
been generated as criminal justice information. As used in this 552
paragraph, the terms "record" a nd "criminal justice information" 553
have the same meanings as provided in s. 943.045. 554
(c) Database searches shall be conducted of the inmate 555
population at each correctional institution or other detention 556
facility. A correctional institution or a detention facility 557
shall provide the Stop Inmate Fraud Program with the information 558
necessary to identify persons wrongfully receiving benefits in 559
the medium requested by the Stop Inmate Fraud Program if the 560
correctional institution or detention facility maintains t he 561
information in that medium. 562
(d) Data obtained from correctional institutions or other 563
detention facilities shall be compared with the client files of 564
the Department of Children and Families, the Department of 565
Economic Opportunity, and other state or l ocal agencies as 566
needed to identify persons wrongfully obtaining benefits. Data 567
comparisons shall be accomplished during periods of low 568
information demand by agency personnel to minimize inconvenience 569
to the agency. 570
(e) Results of data comparisons shall be furnished to the 571
appropriate office for use in the county in which the data 572
originated. The program may provide reports of the data it 573
obtains to appropriate state, federal, and local government 574
agencies or governmental entities, including, but not limi ted 575
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to: 576
1. The Child Support Enforcement Program of the Department 577
of Revenue, so that the data may be used as locator information 578
on persons being sought for purposes of child support. 579
2. The Social Security Administration, so that the data 580
may be used to reduce federal entitlement fraud within the 581
state. 582
3. The Division of Public Assistance Fraud of the 583
Department of Financial Services, so that an investigation of 584
the fraudulent receipt of public assistance may be facilitated. 585
(f) Reports by the p rogram to another agency or entity 586
shall be generated bimonthly, or as otherwise directed, and 587
shall be designed to accommodate that agency's or entity's 588
particular needs for data. 589
(g) Only those persons with active cases, or with cases 590
that were active during the incarceration period, shall be 591
reported, in order that the funding agency or entity, upon 592
verification of the data, may take whatever action is deemed 593
appropriate. 594
(h) For purposes of program review and analysis, each 595
agency or entity receivin g data from the program shall submit 596
reports to the program which indicate the results of how the 597
data was used. 598
Section 11. Paragraph (a) of subsection (16) of section 599
440.02, Florida Statutes, is amended to read: 600
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440.02 Definitions. —When used in this chapter, unless the 601
context clearly requires otherwise, the following terms shall 602
have the following meanings: 603
(16)(a) "Employer" means the state and all political 604
subdivisions thereof, all public and quasi -public corporations 605
therein, every person ca rrying on any employment, and the legal 606
representative of a deceased person or the receiver or trustees 607
of any person. The term "Employer" also includes employment 608
agencies and, employee leasing companies that, and similar 609
agents who provide employees to o ther business entities or 610
persons. If the employer is a corporation, parties in actual 611
control of the corporation, including, but not limited to, the 612
president, officers who exercise broad corporate powers, 613
directors, and all shareholders who directly or i ndirectly own a 614
controlling interest in the corporation, are considered the 615
employer for the purposes of ss. 440.105, 440.106, and 440.107. 616
Section 12. Effective January 1, 2023, subsections (11) 617
through (15) of section 440.05, Florida Statutes, are re numbered 618
as subsections (10) through (14), respectively, subsections (3) 619
and (4) and present subsections (10) and (12) of that section 620
are amended, to read: 621
440.05 Election of exemption; revocation of election; 622
notice; certification. — 623
(3) The notice of election to be exempt must be 624
electronically submitted to the department by the officer of a 625
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corporation who is allowed to claim an exemption as provided by 626
this chapter and must list the name, date of birth, valid driver 627
license number or Florida identif ication card number, and all 628
certified or registered licenses issued pursuant to chapter 489 629
held by the person seeking the exemption, the registration 630
number of the corporation filed with the Division of 631
Corporations of the Department of State, and the pe rcentage of 632
ownership evidencing the required ownership under this chapter. 633
The notice of election to be exempt must identify each 634
corporation that employs the person electing the exemption and 635
must list the social security number or federal tax 636
identification number of each such employer and the additional 637
documentation required by this section. In addition, the notice 638
of election to be exempt must provide that the officer electing 639
an exemption is not entitled to benefits under this chapter, 640
must provide that the election does not exceed exemption limits 641
for officers provided in s. 440.02, and must certify that any 642
employees of the corporation whose officer elects an exemption 643
are covered by workers' compensation insurance , and must certify 644
that the officer electing an exemption has completed an online 645
workers' compensation coverage and compliance tutorial developed 646
by the department. Upon receipt of the notice of the election to 647
be exempt, receipt of all application fees, and a determination 648
by the department that the notice meets the requirements of this 649
subsection, the department shall issue a certification of the 650
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election to the officer, unless the department determines that 651
the information contained in the notice is invalid. The 652
department shall revoke a certificate of election to be exempt 653
from coverage upon a determination by the department that the 654
person does not meet the requirements for exemption or that the 655
information contained in the notice of election to be exempt is 656
invalid. The certificate of election must list the name of the 657
corporation listed in the request for exemption. A new 658
certificate of election must be obtained each time the person is 659
employed by a new or different corporation that is not listed on 660
the certificate of election. Upon written request from a 661
workers' compensation carrier, the department shall send 662
thereafter an electronic notification to the carrier identifying 663
each of its policyholders for which a notice of election to be 664
exempt has been issued or for which a notice of re vocation to be 665
exempt has been received A notice of the certificate of election 666
must be sent to each workers' compensation carrier identified in 667
the request for exemption . Upon filing a notice of revocation of 668
election, an officer who is a subcontractor or an officer of a 669
corporate subcontractor must notify her or his contractor. Upon 670
revocation of a certificate of election of exemption by the 671
department, the department shall notify the workers' 672
compensation carriers identified in the request for exemption. 673
(4) The notice of election to be exempt from the 674
provisions of this chapter must contain a notice that clearly 675
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states in substance the following: "Any person who, knowingly 676
and with intent to injure, defraud, or deceive the department or 677
any employer or employee, insurance company, or any other 678
person, files a notice of election to be exempt containing any 679
false or misleading information is guilty of a felony of the 680
third degree." Each person filing a notice of election to be 681
exempt shall personally sign the notice and attest that he or 682
she has reviewed, understands, and acknowledges the foregoing 683
notice. The certificate of election to be exempt must contain 684
the following notice: "This certificate of election to be exempt 685
is NOT a license issued by the Department of Business and 686
Professional Regulation (DBPR). To determine if the 687
certificateholder is required to have a license to perform work 688
or to verify the license of the certificateholder, go to (insert 689
DBPR's website address for where to find this information)." 690
(10) Each officer of a corporation who is actively engaged 691
in the construction industry and who elect s an exemption from 692
this chapter shall maintain business records as specified by the 693
department by rule. 694
(11)(12) Certificates of election to be exempt issued 695
under subsection (3) shall apply only to the corporate officer 696
named on the notice of election to be exempt and apply only 697
within the scope of the business or trade listed on the notice 698
of election to be exempt . 699
Section 13. Effective January 1, 2023, paragraphs (a) and 700
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(d) of subsection (7) of section 440.107, Florida Statutes, are 701
amended to read: 702
440.107 Department powers to enforce employer compliance 703
with coverage requirements. — 704
(7)(a) Whenever the department determines that an employer 705
who is required to secure the paym ent to his or her employees of 706
the compensation provided for by this chapter has failed to 707
secure the payment of workers' compensation required by this 708
chapter or to produce the required business records under 709
subsection (5) within 21 10 business days after receipt of the 710
written request of the department, such failure shall be deemed 711
an immediate serious danger to public health, safety, or welfare 712
sufficient to justify service by the department of a stop -work 713
order on the employer, requiring the cessation of all business 714
operations. If the department makes such a determination, the 715
department shall issue a stop -work order within 72 hours. The 716
order shall take effect when served upon the employer or, for a 717
particular employer worksite, when served at that wo rksite. In 718
addition to serving a stop -work order at a particular worksite 719
which shall be effective immediately, the department shall 720
immediately proceed with service upon the employer which shall 721
be effective upon all employer worksites in the state for wh ich 722
the employer is not in compliance. A stop -work order may be 723
served with regard to an employer's worksite by posting a copy 724
of the stop-work order in a conspicuous location at the 725
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worksite. Information related to an employer's stop -work order 726
shall be made available on the division's website , be updated 727
daily, and remain on the website for at least 5 years. The order 728
shall remain in effect until the department issues an order 729
releasing the stop-work order upon a finding that the employer 730
has come into compliance with the coverage requirements of this 731
chapter and has paid any penalty assessed under this section. 732
The department may issue an order of conditional release from a 733
stop-work order to an employer upon a finding that the employer 734
has complied with the coverage requirements of this chapter, 735
paid a penalty of $1,000 as a down payment, and agreed to remit 736
periodic payments of the remaining penalty amount pursuant to a 737
payment agreement schedule with the department or pay the 738
remaining penalty amount in full. An employer may not enter into 739
a payment agreement schedule unless the employer has fully paid 740
any previous penalty assessed under this section. If an order of 741
conditional release is issued, failure by the employer to pay 742
the penalty in full or ente r into a payment agreement with the 743
department within 21 28 days after service of the first penalty 744
assessment calculation stop-work order upon the employer, or to 745
meet any term or condition of such penalty payment agreement, 746
shall result in the immediate reinstatement of the stop -work 747
order and the entire unpaid balance of the penalty shall become 748
immediately due. 749
(d)1. In addition to any penalty, stop -work order, or 750
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injunction, the department shall assess against an any employer 751
who has failed to secure the payment of compensation as required 752
by this chapter a penalty equal to 2 times the amount the 753
employer would have paid in premium when applying approved 754
manual rates to the employer's payroll during periods for which 755
it failed to secure the payment of workers' compensation 756
required by this chapter within the preceding 12-month 2-year 757
period or $1,000, whichever is greater. However, for an employer 758
who is issued a stop -work order for materially understating or 759
concealing payroll or has been previously i ssued a stop-work 760
order or order of penalty assessment, the preceding 24 -month 761
period shall be used to calculate the penalty as specified in 762
this subparagraph. 763
a. For an employer employers who has have not been 764
previously issued a stop -work order or order of penalty 765
assessment, the department must allow the employer to receive a 766
credit for the initial payment of the estimated annual workers' 767
compensation policy premium, as determined by the carrier, to be 768
applied to the penalty. Before applying the credi t to the 769
penalty, the employer must provide the department with 770
documentation reflecting that the employer has secured the 771
payment of compensation pursuant to s. 440.38 and proof of 772
payment to the carrier. In order for the department to apply a 773
credit for an employer that has secured workers' compensation 774
for leased employees by entering into an employee leasing 775
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contract with a licensed employee leasing company, the employer 776
must provide the department with a written confirmation, by a 777
representative from t he employee leasing company, of the dollar 778
or percentage amount attributable to the initial estimated 779
workers' compensation expense for leased employees, and proof of 780
payment to the employee leasing company. The credit may not be 781
applied unless the employe r provides the documentation and proof 782
of payment to the department within 21 28 days after the 783
employer's receipt of the written request to produce business 784
records for calculating the penalty under this subparagraph 785
service of the stop-work order or first order of penalty 786
assessment upon the employer . 787
b. For an employer employers who has have not been 788
previously issued a stop -work order or order of penalty 789
assessment, the department must reduce the final assessed 790
penalty by 25 percent if the employer ha s complied with 791
administrative rules adopted pursuant to subsection (5) and has 792
provided such business records to the department within 21 10 793
business days after the employer's receipt of the written 794
request to produce business records for calculating the penalty 795
under this subparagraph . 796
c. For an employer who has not been previously issued a 797
stop-work order or order of penalty assessment, the department 798
must reduce the final assessed penalty by 15 percent if the 799
employer correctly answers at least 80 per cent of the questions 800
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from an online workers' compensation coverage and compliance 801
tutorial, developed by the department, within 21 days after the 802
employer's receipt of the written request to produce business 803
records for calculating the penalty under this subparagraph. The 804
online tutorial must be taken in a department office location 805
identified by rule. 806
807
c. The $1,000 penalty shall be assessed against the employer 808
even if the calculated penalty after the credit provided in sub-809
subparagraph a., the and 25 percent reduction provided in sub-810
subparagraph b., and the 15 percent reduction provided in sub -811
subparagraph c., as applicable, have been applied is less than 812
$1,000. 813
2. Any subsequent violation within 5 years after the most 814
recent violation shall, in add ition to the penalties set forth 815
in this subsection, be deemed a knowing act within the meaning 816
of s. 440.105. 817
Section 14. Subsection (12) of section 440.13, Florida 818
Statutes, is amended to read: 819
440.13 Medical services and supplies; penalty for 820
violations; limitations. — 821
(12) CREATION OF THREE -MEMBER PANEL; GUIDES OF MAXIMUM 822
REIMBURSEMENT ALLOWANCES. — 823
(a) A three-member panel is created, consisting of the 824
Chief Financial Officer, or the Chief Financial Officer's 825
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designee, and two members to be app ointed by the Governor, 826
subject to confirmation by the Senate, one member who, on 827
account of present or previous vocation, employment, or 828
affiliation, shall be classified as a representative of 829
employers, the other member who, on account of previous 830
vocation, employment, or affiliation, shall be classified as a 831
representative of employees. The panel shall determine statewide 832
schedules of maximum reimbursement allowances for medically 833
necessary treatment, care, and attendance provided by 834
physicians, hospital s, ambulatory surgical centers, work -835
hardening programs, pain programs, and durable medical 836
equipment. The maximum reimbursement allowances for inpatient 837
hospital care shall be based on a schedule of per diem rates, to 838
be approved by the three -member panel no later than March 1, 839
1994, to be used in conjunction with a precertification manual 840
as determined by the department, including maximum hours in 841
which an outpatient may remain in observation status, which 842
shall not exceed 23 hours. All compensable charge s for hospital 843
outpatient care shall be reimbursed at 75 percent of usual and 844
customary charges, except as otherwise provided by this 845
subsection. Annually, the three -member panel shall adopt 846
schedules of maximum reimbursement allowances for physicians, 847
hospital inpatient care, hospital outpatient care, ambulatory 848
surgical centers, work -hardening programs, and pain programs. An 849
individual physician, hospital, ambulatory surgical center, pain 850
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program, or work-hardening program shall be reimbursed : 851
1. either The agreed-upon contract price; or 852
2. If there is no agreed -upon contract price, the lesser 853
of the provider's billed charge or the maximum reimbursement 854
allowance in the appropriate schedule. 855
(b) It is the intent of the Legislature to increase the 856
schedule of maximum reimbursement allowances for selected 857
physicians effective January 1, 2004, and to pay for the 858
increases through reductions in payments to hospitals. Revisions 859
developed pursuant to this subsection are limited to the 860
following: 861
1. Payments for outpatient physical, occupational, and 862
speech therapy provided by hospitals shall be reduced to the 863
schedule of maximum reimbursement allowances for these services 864
which applies to nonhospital providers. 865
2. Payments for scheduled outpatient non emergency 866
radiological and clinical laboratory services that are not 867
provided in conjunction with a surgical procedure shall be 868
reduced to the schedule of maximum reimbursement allowances for 869
these services which applies to nonhospital providers. 870
3. Outpatient reimbursement for scheduled surgeries shall 871
be reduced from 75 percent of charges to 60 percent of charges. 872
4. Maximum reimbursement for a physician licensed under 873
chapter 458 or chapter 459 shall be increased to 110 percent of 874
the reimbursement allowed by Medicare, using appropriate codes 875
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and modifiers or the medical reimbursement level adopted by the 876
three-member panel as of January 1, 2003, whichever is greater. 877
5. Maximum reimbursement for surgical procedures shall be 878
increased to 140 percent of the reimbursement allowed by 879
Medicare or the medical reimbursement level adopted by the 880
three-member panel as of January 1, 2003, whichever is greater. 881
(c) As to reimbursement for a prescription medication, the 882
reimbursement amount for a prescription shall be the average 883
wholesale price plus $4.18 for the dispensing fee. For 884
repackaged or relabeled prescription medications dispensed by a 885
dispensing practitioner as provided in s. 465.0276, the fee 886
schedule for reimbursement shall be 112.5 percent of th e average 887
wholesale price, plus $8.00 for the dispensing fee. For purposes 888
of this subsection, the average wholesale price shall be 889
calculated by multiplying the number of units dispensed times 890
the per-unit average wholesale price set by the original 891
manufacturer of the underlying drug dispensed by the 892
practitioner, based upon the published manufacturer's average 893
wholesale price published in the Medi -Span Master Drug Database 894
as of the date of dispensing. All pharmaceutical claims 895
submitted for repackaged o r relabeled prescription medications 896
must include the National Drug Code of the original 897
manufacturer. Fees for pharmaceuticals and pharmaceutical 898
services shall be reimbursable at the applicable fee schedule 899
amount except where the employer or carrier, or a service 900
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company, third party administrator, or any entity acting on 901
behalf of the employer or carrier directly contracts with the 902
provider seeking reimbursement for a lower amount. 903
(d) Reimbursement for all fees and other charges for such 904
treatment, care, and attendance, including treatment, care, and 905
attendance provided by any hospital or other health care 906
provider, ambulatory surgical center, work -hardening program, or 907
pain program, must not exceed the amounts provided by the 908
uniform schedule of maxi mum reimbursement allowances as 909
determined by the panel or as otherwise provided in this 910
section. This subsection also applies to independent medical 911
examinations performed by health care providers under this 912
chapter. In determining the uniform schedule, t he panel shall 913
first approve the data which it finds representative of 914
prevailing charges in the state for similar treatment, care, and 915
attendance of injured persons. Each health care provider, health 916
care facility, ambulatory surgical center, work -hardening 917
program, or pain program receiving workers' compensation 918
payments shall maintain records verifying their usual charges. 919
In establishing the uniform schedule of maximum reimbursement 920
allowances, the panel must consider: 921
1. The levels of reimbursement f or similar treatment, 922
care, and attendance made by other health care programs or 923
third-party providers; 924
2. The impact upon cost to employers for providing a level 925
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of reimbursement for treatment, care, and attendance which will 926
ensure the availability of treatment, care, and attendance 927
required by injured workers; 928
3. The financial impact of the reimbursement allowances 929
upon health care providers and health care facilities, including 930
trauma centers as defined in s. 395.4001, and its effect upon 931
their ability to make available to injured workers such 932
medically necessary remedial treatment, care, and attendance. 933
The uniform schedule of maximum reimbursement allowances must be 934
reasonable, must promote health care cost containment and 935
efficiency with respe ct to the workers' compensation health care 936
delivery system, and must be sufficient to ensure availability 937
of such medically necessary remedial treatment, care, and 938
attendance to injured workers; and 939
4. The most recent average maximum allowable rate of 940
increase for hospitals determined by the Health Care Board under 941
chapter 408. 942
(e) In addition to establishing the uniform schedule of 943
maximum reimbursement allowances, the panel shall: 944
1. Take testimony, receive records, and collect data to 945
evaluate the adequacy of the workers' compensation fee schedule, 946
nationally recognized fee schedules and alternative methods of 947
reimbursement to health care providers and health care 948
facilities for inpatient and outpatient treatment and care. 949
2. Survey health care p roviders and health care facilities 950
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to determine the availability and accessibility of workers' 951
compensation health care delivery systems for injured workers. 952
3. Survey carriers to determine the estimated impact on 953
carrier costs and workers' compensation premium rates by 954
implementing changes to the carrier reimbursement schedule or 955
implementing alternative reimbursement methods. 956
4. Submit recommendations on or before January 15, 2017, 957
and biennially thereafter, to the President of the Senate and 958
the Speaker of the House of Representatives on methods to 959
improve the workers' compensation health care delivery system. 960
961
The department, as requested, shall provide data to the panel, 962
including, but not limited to, utilization trends in the 963
workers' compensation health care delivery system. The 964
department shall provide the panel with an annual report 965
regarding the resolution of medical reimbursement disputes and 966
any actions pursuant to subsection (8). The department shall 967
provide administrative support and servic e to the panel to the 968
extent requested by the panel and may adopt rules necessary to 969
administer this subsection . For prescription medication 970
purchased under the requirements of this subsection, a 971
dispensing practitioner shall not possess such medication un less 972
payment has been made by the practitioner, the practitioner's 973
professional practice, or the practitioner's practice management 974
company or employer to the supplying manufacturer, wholesaler, 975
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distributor, or drug repackager within 60 days of the dispens ing 976
practitioner taking possession of that medication. 977
Section 15. Subsection (3) of section 440.185, Florida 978
Statutes, is amended to read: 979
440.185 Notice of injury or death; reports; penalties for 980
violations.— 981
(3) Within 3 business days after the employer or the 982
employee informs the carrier of an injury , the carrier shall 983
send by regular mail or e-mail to the injured worker an 984
informational brochure approved by the department which sets 985
forth in clear and understandable language an explanation of t he 986
rights, benefits, procedures for obtaining benefits and 987
assistance, criminal penalties, and obligations of injured 988
workers and their employers under the Florida Workers' 989
Compensation Law. Annually, the carrier or its third -party 990
administrator shall send by regular mail or e-mail to the 991
employer an informational brochure approved by the department 992
which sets forth in clear and understandable language an 993
explanation of the rights, benefits, procedures for obtaining 994
benefits and assistance, criminal penalti es, and obligations of 995
injured workers and their employers under the Florida Workers' 996
Compensation Law. All such informational brochures shall contain 997
a notice that clearly states in substance the following: "Any 998
person who, knowingly and with intent to in jure, defraud, or 999
deceive any employer or employee, insurance company, or self -1000
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insured program, files a statement of claim containing any false 1001
or misleading information commits a felony of the third degree." 1002
Section 16. Subsection (3) of section 440.3 81, Florida 1003
Statutes, is amended to read: 1004
440.381 Application for coverage; reporting payroll; 1005
payroll audit procedures; penalties. — 1006
(3) The Financial Services Commission, in consultation 1007
with the department, shall establish by rule minimum 1008
requirements for audits of payroll and classifications in order 1009
to ensure that the appropriate premium is charged for workers' 1010
compensation coverage. The rules must shall ensure that audits 1011
performed by both carriers and employers are adequate to provide 1012
that all sources of payments to employees, subcontractors, and 1013
independent contractors are have been reviewed and that the 1014
accuracy of classification of employees is has been verified. 1015
The rules must require shall provide that employers in all 1016
classes other than the c onstruction class be audited at least 1017
not less frequently than biennially and may provide for more 1018
frequent audits of employers in specified classifications based 1019
on factors such as amount of premium, type of business, loss 1020
ratios, or other relevant factor s. In no event shall Employers 1021
in the construction class, generating more than the amount of 1022
premium required to be experience rated must, be audited at 1023
least less than annually. The annual audits required for 1024
construction classes must shall consist of physical onsite 1025
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audits for new and renewal policies only if the estimated annual 1026
premium is $10,000 or more . Payroll verification audit rules 1027
must include, but need not be limited to, the use of state and 1028
federal reports of employee income, payroll and other accounting 1029
records, certificates of insurance maintained by subcontractors, 1030
and duties of employees. At the completion of an audit, the 1031
employer or officer of the corporation and the auditor must 1032
print and sign their names on the audit document and attach 1033
proof of identification to the audit document. 1034
Section 17. Subsection (2) of section 497.277, Florida 1035
Statutes, is amended to read: 1036
497.277 Other charges. —Other than the fees for the sale of 1037
burial rights, burial merchandise, and burial services, no other 1038
fee may be directly or indirectly charged, contracted for, or 1039
received by a cemetery company as a condition for a customer to 1040
use any burial right, burial merchandise, or burial service, 1041
except for: 1042
(2) Charges paid for transferring burial rights f rom one 1043
purchaser to another ; however, no such fee may exceed $50 . 1044
Section 18. Paragraph (b) of subsection (1) of section 1045
497.369, Florida Statutes, is amended to read: 1046
497.369 Embalmers; licensure as an embalmer by 1047
endorsement; licensure of a tempor ary embalmer.— 1048
(1) The licensing authority shall issue a license by 1049
endorsement to practice embalming to an applicant who has 1050
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remitted an examination fee set by rule of the licensing 1051
authority not to exceed $200 and who the licensing authority 1052
certifies: 1053
(b)1. Holds a valid license in good standing to practice 1054
embalming in another state of the United States and has engaged 1055
in the full-time, licensed practice of embalming in that state 1056
for at least 5 years , provided that, when the applicant secured 1057
her or his original license, the requirements for licensure were 1058
substantially equivalent to or more stringent than those 1059
existing in this state ; or 1060
2. Meets the qualifications for licensure in s. 497.368, 1061
except that the internship requirement shall be deeme d to have 1062
been satisfied by 1 year's practice as a licensed embalmer in 1063
another state, and has, within 10 years before prior to the date 1064
of application, successfully completed a state, regional, or 1065
national examination in mortuary science, which, as determ ined 1066
by rule of the licensing authority, is substantially equivalent 1067
to or more stringent than the examination given by the licensing 1068
authority. 1069
Section 19. Paragraphs (b) and (f) of subsection (1) of 1070
section 497.372, Florida Statutes, are amended to r ead: 1071
497.372 Funeral directing; conduct constituting practice 1072
of funeral directing. — 1073
(1) The practice of funeral directing shall be construed 1074
to consist of the following functions, which may be performed 1075
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only by a licensed funeral director: 1076
(b) Planning or arranging, on an at -need basis, the 1077
details of funeral services, embalming, cremation, or other 1078
services relating to the final disposition of human remains, and 1079
including the removal of such remains from the state; setting 1080
the time of the services; establishing the type of services to 1081
be rendered; acquiring the services of the clergy; and obtaining 1082
vital information for the filing of death certificates and 1083
obtaining of burial transit permits . 1084
(f) Directing, being in charge or apparent charge of, or 1085
supervising, directly or indirectly, any memorial service held 1086
prior to or within 72 hours of the burial or cremation, if such 1087
memorial service is sold or arranged by a licensee. 1088
Section 20. Paragraph (b) of subsection (1) of section 1089
497.374, Florida Statutes, is amended to read: 1090
497.374 Funeral directing; licensure as a funeral director 1091
by endorsement; licensure of a temporary funeral director. — 1092
(1) The licensing authority shall issue a license by 1093
endorsement to practice funeral directing to an applicant who 1094
has remitted a fee set by rule of the licensing authority not to 1095
exceed $200 and who: 1096
(b)1. Holds a valid license in good standing to practice 1097
funeral directing in another state of the United States and has 1098
engaged in the full-time, licensed practice of funeral directing 1099
in that state for at least 5 years , provided that, when the 1100
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applicant secured her or his original license, the requirements 1101
for licensure were substantially equivalent to or more stringent 1102
than those existing in this state ; or 1103
2. Meets the qualifications for licensure in s. 497.373 , 1104
except that the applicant need not hold an associate degree or 1105
higher if the applicant holds a diploma or certificate from an 1106
accredited program of mortuary science, and has successfully 1107
completed a state, regional, or national examination in mortuary 1108
science or funeral service arts, which, as determined by rule of 1109
the licensing authority, is substantially equivalent to or more 1110
stringent than the examination given by the licensing authority. 1111
Section 21. Subsection (6) of section 554.108, Florida 1112
Statutes, is renumbered as subsection (7), subsection (1) is 1113
amended, and a new subsection (6) is added to that section, to 1114
read: 1115
554.108 Inspection. — 1116
(1) The inspection requirements of this chapte r apply only 1117
to boilers located in public assembly locations. A potable hot 1118
water supply boiler with an a heat input of 200,000 British 1119
thermal units (Btu) per hour and above, up to an a heat input 1120
not exceeding 400,000 Btu per hour, is exempt from inspect ion; 1121
however, such an exempt boiler, if manufactured after July 1, 1122
2022, but must be stamped with the A.S.M.E. code symbol . 1123
Additionally, "HLW" and the boiler's A.S.M.E data report of a 1124
boiler with an input of 200,000 to 400,000 Btu per hour must be 1125
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filed as required under s. 554.103(2). 1126
(6) Each enclosed space or room containing a boiler 1127
regulated under this chapter which is fired by the direct 1128
application of energy from the combustion of fuels and which is 1129
located in any portion of a public lodging esta blishment under 1130
s. 509.242 shall be equipped with one or more carbon monoxide 1131
detector devices. 1132
Section 22. Paragraphs (a) and (e) of subsection (1) and 1133
paragraph (a) of subsection (2) of section 554.111, Florida 1134
Statutes, are amended to read: 1135
554.111 Fees.— 1136
(1) The department shall charge the following fees: 1137
(a) For an applicant for a certificate of competency, the 1138
initial application fee shall be $50, and the annual renewal fee 1139
shall be $30. The fee for examination shall be $50. 1140
(e) An application for a boiler permit must include the 1141
manufacturer's data report applicable certificate inspection fee 1142
provided in paragraph (b) . 1143
(2) Not more than an amount equal to one certificate 1144
inspection fee may be charged or collected for any and all 1145
boiler inspections in any inspection period, except as otherwise 1146
provided in this chapter. 1147
(a) When it is necessary to make a special trip for 1148
testing and verification inspections to observe the application 1149
of a hydrostatic test , an additional fee equal to the f ee for a 1150
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certificate inspection of the boiler must be charged. 1151
Section 23. Subsection (4) of section 554.114, Florida 1152
Statutes, is amended to read: 1153
554.114 Prohibitions; penalties. — 1154
(4) A boiler insurance company, authorized inspection 1155
agency, or other person in violation of this section for more 1156
than 30 days shall pay a fine of $10 per day for the subsequent 1157
first 10 days of noncompliance, $50 per day for the subsequent 1158
20 days of noncompliance, and $100 per day for each subsequent 1159
day over 20 days of noncompliance thereafter. 1160
Section 24. Subsection (3) of section 624.423, Florida 1161
Statutes, is amended to read: 1162
624.423 Serving process. — 1163
(3) Service of process is valid and binding upon the 1164
insurer on the date the process served upon the Chief Financial 1165
Officer is delivered to the insurer and sent or the insurer has 1166
been notified by the department that such information has been 1167
made available on the department's secure online portal in 1168
accordance with this section and s. 624.307(9) shall for all 1169
purposes constitute valid and binding service thereof upon the 1170
insurer. 1171
Section 25. Subsection (20) of section 626.015, Florida 1172
Statutes, is amended to read: 1173
626.015 Definitions. —As used in this part: 1174
(20) "Unaffiliated insurance agent" means a li censed 1175
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insurance agent, except a limited lines agent, who is self -1176
appointed and who practices as an independent consultant in the 1177
business of analyzing or abstracting insurance policies, 1178
providing insurance advice or counseling, or making specific 1179
recommendations or comparisons of insurance products for a fee 1180
established in advance by written contract signed by the 1181
parties. An unaffiliated insurance agent may not be affiliated 1182
with an insurer, insurer -appointed insurance agent, or insurance 1183
agency contracted with or employing insurer -appointed insurance 1184
agents. A licensed adjuster who is also an unaffiliated 1185
insurance agent may obtain an adjuster appointment in order to 1186
adjust claims while holding an unaffiliated appointment on the 1187
agent license. 1188
Section 26. Subsection (4) of section 626.171, Florida 1189
Statutes, is amended to read: 1190
626.171 Application for license as an agent, customer 1191
representative, adjuster, service representative, or reinsurance 1192
intermediary.— 1193
(4) An applicant for a license under this chapter as an 1194
agent, customer representative, adjuster, service 1195
representative, or reinsurance intermediary must submit a set of 1196
the individual applicant's fingerprints, or, if the applicant is 1197
not an individual, a set of the fingerprints of the sole 1198
proprietor, majority owner, partners, officers, and directors, 1199
to the department and must pay the fingerprint processing fee 1200
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set forth in s. 624.501. Fingerprints must be processed in 1201
accordance with s. 624.34 and used to investigate the 1202
applicant's qualifica tions pursuant to s. 626.201. The 1203
fingerprints must be taken by a law enforcement agency, 1204
designated examination center, or other department -approved 1205
entity. The department shall require all designated examination 1206
centers to have fingerprinting equipment a nd to take 1207
fingerprints from any applicant or prospective applicant who 1208
pays the applicable fee. The department may not approve an 1209
application for licensure as an agent, customer service 1210
representative, adjuster, service representative, or reinsurance 1211
intermediary if fingerprints have not been submitted. 1212
Section 27. Subsection (2) of section 626.172, Florida 1213
Statutes, is amended to read: 1214
626.172 Application for insurance agency license. — 1215
(2) An application for an insurance agency license must be 1216
signed by an individual required to be listed in the application 1217
under paragraph (a). An insurance agency may permit a third 1218
party to complete, submit, and sign an application on the 1219
insurance agency's behalf; however, the insurance agency is 1220
responsible for ensuring that the information on the application 1221
is true and correct and is accountable for any misstatements or 1222
misrepresentations. The application for an insurance agency 1223
license must include: 1224
(f) The fingerprints , submitted in accordance with s. 1225
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626.171(4), of each of the following: 1226
1. A sole proprietor; 1227
2. Each individual required to be listed in the 1228
application under paragraph (a); and 1229
3. Each individual who directs or participates in the 1230
management or control of an incorporated agency whose shares are 1231
not traded on a securities exchange. 1232
1233
Fingerprints must be taken by a law enforcement agency or other 1234
entity approved by the department and must be accompanied by the 1235
fingerprint processing fee specified in s. 624.501. Fingerprints 1236
must be processed in accordance with s. 624.34. However, 1237
Fingerprints need not be filed for an individual who is 1238
currently licensed and appointed under this chapter. This 1239
paragraph does not apply to corporations whose voting shares are 1240
traded on a securities exchange. 1241
Section 28. Section 626.173, Florida Statutes, is created 1242
to read: 1243
626.173 Insurance agency closure; cancellation of 1244
licenses.— 1245
(1) If a licensed insurance agency permanently ceases the 1246
transacting of insurance or ceases the transacting of insuran ce 1247
for more than 31 days, the agent in charge, director of the 1248
agency, or other officer listed on the original application for 1249
licensure shall immediately cancel the insurance agency's 1250
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license by completing and submitting a form to notify the Bureau 1251
of Licensing of the Division of Insurance Agent and Agency 1252
Services within the department of the cancellation of the 1253
license. 1254
(2) Within 30 days after the agency ceases the transacting 1255
of insurance, the agent in charge, director of the agency, or 1256
other officer listed on the original application for licensure 1257
shall: 1258
(a) Notify all insurers by which the agency or agent in 1259
charge is appointed of the agency's cessation of operations, the 1260
date on which operations ceased, the identity of any agency or 1261
agent to which the agency's current book of business has been 1262
transferred, and the method by which agency records may be 1263
obtained during the time periods specified in ss. 626.561 and 1264
626.748. 1265
(b) Notify all policyholders currently insured by a policy 1266
written, produced, or serviced by the agency of the agency's 1267
cessation of operations; the date on which operations ceased; 1268
and the identity of the agency or agent to which the agency's 1269
current book of business has been transferred or, if no transfer 1270
has occurred, a statem ent directing the policyholder to contact 1271
the insurance company for assistance in locating a licensed 1272
agent to service the policy. 1273
(c) Notify all premium finance companies through which 1274
active policies are financed of the agency's cessation of 1275
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operations, the date on which operations ceased, and the 1276
identity of the agency or agent to which the agency's current 1277
book of business has been transferred. 1278
(d) Ensure that all funds held in a fiduciary capacity are 1279
properly distributed to the rightful owners. 1280
(3)(a) The department or office may, in a proceeding 1281
initiated pursuant to chapter 120, impose an administrative fine 1282
against the agent in charge or director or officer of the agency 1283
found in the proceeding to have violated any provision of this 1284
section. A proceeding may not be initiated and a fine may not 1285
accrue until after the person has been notified in writing of 1286
the nature of the violation, has been afforded 10 business days 1287
to correct the violation, and has failed to do so. 1288
(b) A fine imposed under this subsection may not exceed 1289
the amounts specified in s. 626.681 per violation. 1290
(c) The department or office may, in addition to the 1291
imposition of an administrative fine under this subsection, also 1292
suspend or revoke the license of the licensee fined un der this 1293
subsection. 1294
(d) In imposing any administrative penalty or remedy 1295
provided under this subsection, the department or office shall 1296
take into account the appropriateness of the penalty with 1297
respect to the size of the financial resources and the good 1298
faith of the person charged, the gravity of the violation, the 1299
history of previous violations, and other matters as justice may 1300
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require. 1301
Section 29. Subsection (3) of section 626.201, Florida 1302
Statutes, is amended, and subsection (4) is added to that 1303
section, to read: 1304
626.201 Investigation. — 1305
(3) An inquiry or investigation of the applicant's 1306
qualifications, character, experience, background, and fitness 1307
must include submission of the applicant's fingerprints , in 1308
accordance with s. 626.171(4), to the Department of Law 1309
Enforcement and the Federal Bureau of Investigation and 1310
consideration of any state criminal records, federal criminal 1311
records, or local criminal records obtained from these agencies 1312
or from local law enforcement agencies. 1313
(4) The expiration, nonrenewal, or surrender of a license 1314
under this chapter does not eliminate jurisdiction of the 1315
licensing authority to investigate and prosecute for a violation 1316
committed by the licensee while licensed under this chapter. The 1317
prosecution of any matt er may be initiated or continued 1318
notwithstanding the withdrawal of a complaint. 1319
Section 30. Section 626.202, Florida Statutes, is amended 1320
to read: 1321
626.202 Fingerprinting requirements. — 1322
(1) The requirements for completion and submission of 1323
fingerprints under this chapter in accordance with s. 626.171(4) 1324
are deemed to be met when an individual currently licensed under 1325
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this chapter seeks additional licensure and has previously 1326
submitted fingerprints to the department within the past 48 1327
months. However, the department may require the individual to 1328
file fingerprints if it has reason to believe that an applicant 1329
or licensee has been found guilty of, or pleaded guilty or nolo 1330
contendere to, a felony or a crime related to the business of 1331
insurance in this st ate or any other state or jurisdiction. 1332
(2) If there is a change in ownership or control of any 1333
entity licensed under this chapter, or if a new partner, 1334
officer, or director is employed or appointed, a set of 1335
fingerprints of the new owner, partner, offic er, or director 1336
must be filed with the department or office within 30 days after 1337
the change. The acquisition of 10 percent or more of the voting 1338
securities of a licensed entity is considered a change of 1339
ownership or control. The fingerprints must be submitted in 1340
accordance with s. 626.171(4) taken by a law enforcement agency 1341
or other department-approved entity and be accompanied by the 1342
fingerprint processing fee in s. 624.501 . 1343
Section 31. Paragraph (j) of subsection (2) of section 1344
626.221, Florida Statu tes, is amended to read: 1345
626.221 Examination requirement; exemptions. — 1346
(2) However, an examination is not necessary for any of 1347
the following: 1348
(j) An applicant for license as an all -lines adjuster who 1349
has the designation of Accredited Claims Adjuster (ACA) from a 1350
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regionally accredited postsecondary institution in this state, 1351
Certified All Lines Adjuster (CALA) from Kaplan Financial 1352
Education, Associate in Claims (AIC) from the Insurance 1353
Institute of America, Professional Claims Adjuster (PCA) from 1354
the Professional Career Institute, Professional Property 1355
Insurance Adjuster (PPIA) from the HurriClaim Training Academy, 1356
Certified Adjuster (CA) from A LL LINES Training, Certified 1357
Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster 1358
Certified Professional (CACP) from WebCE, Inc., Accredited 1359
Insurance Claims Specialist (AICS) from Encore Claim Services, 1360
or Universal Claims Certification (UCC) fro m Claims and 1361
Litigation Management Alliance (CLM) whose curriculum has been 1362
approved by the department and which includes comprehensive 1363
analysis of basic property and casualty lines of insurance and 1364
testing at least equal to that of standard department tes ting 1365
for the all-lines adjuster license. The department shall adopt 1366
rules establishing standards for the approval of curriculum. 1367
Section 32. Subsection (6) of section 626.311, Florida 1368
Statutes, is amended to read: 1369
626.311 Scope of license. — 1370
(6) An agent who appoints his or her license as an 1371
unaffiliated insurance agent may not hold an appointment from an 1372
insurer for any license he or she holds , with the exception of 1373
an adjuster license; transact, solicit, or service an insurance 1374
contract on behalf o f an insurer; interfere with commissions 1375
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received or to be received by an insurer -appointed insurance 1376
agent or an insurance agency contracted with or employing 1377
insurer-appointed insurance agents; or receive compensation or 1378
any other thing of value from an insurer, an insurer-appointed 1379
insurance agent, or an insurance agency contracted with or 1380
employing insurer-appointed insurance agents for any transaction 1381
or referral occurring after the date of appointment as an 1382
unaffiliated insurance agent. An unaffiliate d insurance agent 1383
may continue to receive commissions on sales that occurred 1384
before the date of appointment as an unaffiliated insurance 1385
agent if the receipt of such commissions is disclosed when 1386
making recommendations or evaluating products for a client t hat 1387
involve products of the entity from which the commissions are 1388
received. An adjuster who holds an adjuster license and who is 1389
also an unaffiliated insurance agent may obtain an adjuster 1390
appointment while maintaining his or her unaffiliated insurance 1391
agent appointment and may adjust claims and receive compensation 1392
in accordance with the authority granted by the adjuster license 1393
and appointment. 1394
Section 33. Paragraph (h) of subsection (1) of section 1395
626.321, Florida Statutes, is amended to read: 1396
626.321 Limited licenses and registration. — 1397
(1) The department shall issue to a qualified applicant a 1398
license as agent authorized to transact a limited class of 1399
business in any of the following categories of limited lines 1400
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insurance: 1401
(h) Portable electronic s insurance.—License for property 1402
insurance or inland marine insurance that covers only loss, 1403
theft, mechanical failure, malfunction, or damage for portable 1404
electronics. 1405
1. The license may be issued only to: 1406
a. Employees or authorized representatives o f a licensed 1407
general lines agent; or 1408
b. The lead business location of a retail vendor that 1409
sells portable electronics insurance. The lead business location 1410
must have a contractual relationship with a general lines agent. 1411
2. Employees or authorized repr esentatives of a licensee 1412
under subparagraph 1. may sell or offer for sale portable 1413
electronics coverage without being subject to licensure as an 1414
insurance agent if: 1415
a. Such insurance is sold or offered for sale at a 1416
licensed location or at one of the li censee's branch locations 1417
if the branch location is appointed by the licensed lead 1418
business location or its appointing insurers; 1419
b. The insurer issuing the insurance directly supervises 1420
or appoints a general lines agent to supervise the sale of such 1421
insurance, including the development of a training program for 1422
the employees and authorized representatives of vendors that are 1423
directly engaged in the activity of selling or offering the 1424
insurance; and 1425
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c. At each location where the insurance is offered, 1426
brochures or other written materials that provide the 1427
information required by this subparagraph are made available to 1428
all prospective customers. The brochures or written materials 1429
may include information regarding portable electronics 1430
insurance, service warra nty agreements, or other incidental 1431
services or benefits offered by a licensee. 1432
3. Individuals not licensed to sell portable electronics 1433
insurance may not be paid commissions based on the sale of such 1434
coverage. However, a licensee who uses a compensation plan for 1435
employees and authorized representatives which includes 1436
supplemental compensation for the sale of noninsurance products, 1437
in addition to a regular salary or hourly wages, may include 1438
incidental compensation for the sale of portable electronics 1439
insurance as a component of the overall compensation plan. 1440
4. Brochures or other written materials related to 1441
portable electronics insurance must: 1442
a. Disclose that such insurance may duplicate coverage 1443
already provided by a customer's homeowners insurance policy, 1444
renters insurance policy, or other source of coverage; 1445
b. State that enrollment in insurance coverage is not 1446
required in order to purchase or lease portable electronics or 1447
services; 1448
c. Summarize the material terms of the insurance coverage, 1449
including the identity of the insurer, the identity of the 1450
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supervising entity, the amount of any applicable deductible and 1451
how it is to be paid, the benefits of coverage, and key terms 1452
and conditions of coverage, such as whether portable electronics 1453
may be repaired or replaced with similar make and model 1454
reconditioned or nonoriginal manufacturer parts or equipment; 1455
d. Summarize the process for filing a claim, including a 1456
description of how to return portable electronics and the 1457
maximum fee applicable if the customer fails to comply with 1458
equipment return requirements; and 1459
e. State that an enrolled customer may cancel coverage at 1460
any time and that the person paying the premium will receive a 1461
refund of any unearned premium. 1462
5. A licensed and appointed gener al lines agent is not 1463
required to obtain a portable electronics insurance license to 1464
offer or sell portable electronics insurance at locations 1465
already licensed as an insurance agency, but may apply for a 1466
portable electronics insurance license for branch lo cations not 1467
otherwise licensed to sell insurance. 1468
6. A portable electronics license authorizes the sale of 1469
individual policies or certificates under a group or master 1470
insurance policy. The license also authorizes the sale of 1471
service warranty agreements c overing only portable electronics 1472
to the same extent as if licensed under s. 634.419 or s. 1473
634.420. 1474
7. A licensee may bill and collect the premium for the 1475
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purchase of portable electronics insurance provided that: 1476
a. If the insurance is included with th e purchase or lease 1477
of portable electronics or related services, the licensee 1478
clearly and conspicuously discloses that insurance coverage is 1479
included with the purchase. Disclosure of the stand -alone cost 1480
of the premium for same or similar insurance must be made on the 1481
customer's bill and in any marketing materials made available at 1482
the point of sale. If the insurance is not included, the charge 1483
to the customer for the insurance must be separately itemized on 1484
the customer's bill. 1485
b. Premiums are incidental to other fees collected, are 1486
maintained in a manner that is readily identifiable, and are 1487
accounted for and remitted to the insurer or supervising entity 1488
within 60 days of receipt. Licensees are not required to 1489
maintain such funds in a segregated account. 1490
c. All funds received by a licensee from an enrolled 1491
customer for the sale of the insurance are considered funds held 1492
in trust by the licensee in a fiduciary capacity for the benefit 1493
of the insurer. Licensees may receive compensation for billing 1494
and collection services. 1495
8. Notwithstanding any other provision of law, the terms 1496
for the termination or modification of coverage under a policy 1497
of portable electronics insurance are those set forth in the 1498
policy. 1499
9. Notice or correspondence required by th e policy, or 1500
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otherwise required by law, may be provided by electronic means 1501
if the insurer or licensee maintains proof that the notice or 1502
correspondence was sent. Such notice or correspondence may be 1503
sent on behalf of the insurer or licensee by the general lines 1504
agent appointed by the insurer to supervise the administration 1505
of the program. For purposes of this subparagraph, an enrolled 1506
customer's provision of an electronic mail address to the 1507
insurer or licensee is deemed to be consent to receive notices 1508
and correspondence by electronic means if a conspicuously 1509
located disclosure is provided to the customer indicating the 1510
same. 1511
10. The provisions of this chapter requiring submission of 1512
fingerprints requirements in s. 626.171(4) do not apply to 1513
licenses issued to qualified entities under this paragraph. 1514
11. A branch location that sells portable electronics 1515
insurance may, in lieu of obtaining an appointment from an 1516
insurer or warranty association, obtain a single appointment 1517
from the associated lead busines s location licensee and pay the 1518
prescribed appointment fee under s. 624.501 if the lead business 1519
location has a single appointment from each insurer or warranty 1520
association represented and such appointment applies to the lead 1521
business location and all of i ts branch locations. Branch 1522
location appointments shall be renewed 24 months after the 1523
initial appointment date of the lead business location and every 1524
24 months thereafter. Notwithstanding s. 624.501, the renewal 1525
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fee applicable to such branch location app ointments is $30 per 1526
appointment. 1527
12. For purposes of this paragraph: 1528
a. "Branch location" means any physical location in this 1529
state at which a licensee offers its products or services for 1530
sale. 1531
b. "Portable electronics" means personal, self -contained, 1532
easily carried by an individual, battery -operated electronic 1533
communication, viewing, listening, recording, gaming, computing 1534
or global positioning devices, including cell or satellite 1535
phones, pagers, personal global positioning satellite units, 1536
portable computers, portable audio listening, video viewing or 1537
recording devices, digital cameras, video camcorders, portable 1538
gaming systems, docking stations, automatic answering devices, 1539
and other similar devices and their accessories, and service 1540
related to the use of such devices. 1541
c. "Portable electronics transaction" means the sale or 1542
lease of portable electronics or a related service, including 1543
portable electronics insurance. 1544
Section 34. Subsection (5) of section 626.601, Florida 1545
Statutes, is amended to read: 1546
626.601 Improper conduct; inquiry; fingerprinting. — 1547
(5) If the department or office, after investigation, has 1548
reason to believe that an individual may have been found guilty 1549
of or pleaded guilty or nolo contendere to a felony or a crime 1550
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related to the business of insurance in this or any other state 1551
or jurisdiction, the department or office may require the 1552
individual to file with the department or office a complete set 1553
of his or her fingerprints, in accordance with s. 626.171(4), 1554
which shall be accompanied by the fingerprint processing fee set 1555
forth in s. 624.501. The fingerprints shall be taken by an 1556
authorized law enforcement agency or other department -approved 1557
entity. 1558
Section 35. Paragraph (d) of subsection (2) of section 1559
626.8411, Florida Statutes, is amended, and paragraph (f) is 1560
added to subsection (1) of that section, to read: 1561
626.8411 Application of Florida Insurance Code provisions 1562
to title insurance agents or agencies. — 1563
(1) The following provisions applicable to general lines 1564
agents or agencies also apply to title insurance agents or 1565
agencies: 1566
(f) Section 626.172(2)(f), relating to fingerprints. 1567
(2) The following provisions of part I do not apply to 1568
title insurance agents or title insurance agencies: 1569
(d) Section 626.172 , except for paragraph (2)(f) of that 1570
section, relating to agent in full -time charge. 1571
Section 36. Paragraph (b) of subsection (1) of section 1572
626.8412, Florida Statutes, is amended to read: 1573
626.8412 License and appointments required. — 1574
(1) Except as otherw ise provided in this part: 1575
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(b) A title insurance agent may not sell a title insurance 1576
policy issued by an insurer for which the agent and the agency 1577
do does not hold a current appointment. 1578
Section 37. Paragraph (a) of subsection (3) of section 1579
626.8417, Florida Statutes, is amended to read: 1580
626.8417 Title insurance agent licensure; exemptions. — 1581
(3) The department may not grant or issue a license as a 1582
title insurance agent to an individual who is found by the 1583
department to be untrustworthy or incom petent, who does not meet 1584
the qualifications for examination specified in s. 626.8414, or 1585
who does not meet the following qualifications: 1586
(a) Within the 4 years immediately preceding the date of 1587
the application for license, the applicant must have comple ted a 1588
40-hour classroom course in title insurance, 3 hours of which 1589
are on the subject matter of ethics, as approved by the 1590
department, or must have had at least 12 months of experience in 1591
responsible title insurance duties, under the supervision of a 1592
licensed title insurance agent, title insurer, or attorney while 1593
working in the title insurance business as a substantially full -1594
time, bona fide employee of a title insurance agency, title 1595
insurance agent, title insurer, or attorney who conducts real 1596
estate closing transactions and issues title insurance policies 1597
but who is exempt from licensure under subsection (4). If an 1598
applicant's qualifications are based upon the periods of 1599
employment at responsible title insurance duties, the applicant 1600
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must submit, with the license application, an affidavit of the 1601
applicant and of the employer affirming the period of such 1602
employment, that the employment was substantially full time, and 1603
giving a brief abstract of the nature of the duties performed by 1604
the applicant. 1605
Section 38. Section 626.8421, Florida Statutes, is amended 1606
to read: 1607
626.8421 Number of appointments permitted or required. —A 1608
title agent and a title agency shall be required to have a 1609
separate appointment as to each insurer by which they are he or 1610
she is appointed as agents agent. As a part of each appointment 1611
there shall be a certified statement or affidavit of an 1612
appropriate officer or official of the appointing insurer 1613
stating that to the best of the insurer's knowledge and belief 1614
the applicant, or its pri ncipals in the case of a corporation or 1615
other legal entity, has met the requirements of s. 626.8417. 1616
Section 39. Subsections (1) and (2) of section 626.843, 1617
Florida Statutes, are amended to read: 1618
626.843 Renewal, continuation, reinstatement, termination 1619
of title insurance agent's and title insurance agency's 1620
appointments appointment.— 1621
(1) Appointments the appointment of a title insurance 1622
agent and a title insurance agency shall continue in force until 1623
suspended, revoked, or otherwise terminated, but subject to a 1624
renewed request filed by the insurer every 24 months after the 1625
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original issue dates date of the appointments appointment, 1626
accompanied by payments payment of the renewal appointment fees 1627
fee and taxes as prescribed in s. 624.501. 1628
(2) Title insurance agent and title insurance agency 1629
appointments shall be renewed pursuant to s. 626.381 for 1630
insurance representatives in general. 1631
Section 40. Subsection (1) of section 626.8433, Florida 1632
Statutes, is amended to read: 1633
626.8433 Filing of reasons for terminating appointment of 1634
title insurance agent and title insurance agency ; confidential 1635
information.— 1636
(1) Any title insurer that is terminating the appointment 1637
of a title insurance agent or title insurance agency , whether 1638
such termination is by direct action of the appointing title 1639
insurer or by failure to renew or continue the appointment as 1640
provided, shall file with the department a statement of the 1641
reasons, if any, for, and the facts relativ e to, such 1642
termination. 1643
Section 41. Section 626.8447, Florida Statutes, is amended 1644
to read: 1645
626.8447 Effect of suspension or revocation upon other 1646
licensees, appointees. —In case of the suspension or revocation 1647
of the license and appointment of any ti tle insurance agent or 1648
title insurance agency , the licenses and appointments of all 1649
other title insurance agents who knowingly were parties to the 1650
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act that which formed the ground for such suspension or 1651
revocation may likewise be suspended or revoked for t he same 1652
period as that of the offending title insurance agent or title 1653
insurance agency, but such suspension or revocation does shall 1654
not prevent any title insurance agent, except the one whose 1655
license and appointment was first suspended or revoked, from 1656
being issued an appointment for some other title insurer. 1657
Section 42. Paragraph (d) of subsection (10) of section 1658
626.854, Florida Statutes, is redesignated as paragraph (f), and 1659
a new paragraph (d) and paragraph (e) are added to subsection 1660
(10) of that section, to read: 1661
626.854 "Public adjuster" defined; prohibitions. —The 1662
Legislature finds that it is necessary for the protection of the 1663
public to regulate public insurance adjusters and to prevent the 1664
unauthorized practice of law. 1665
(10) 1666
(d) Public adjuster compensation may not be based on 1667
amounts attributable to additional living expenses, unless such 1668
compensation is affirmatively agreed to in a separate agreement 1669
that includes a disclosure in substantially the following form: 1670
"I agree to retain and co mpensate the public adjuster for 1671
adjusting my additional living expenses and securing payment 1672
from my insurer for amounts attributable to additional living 1673
expenses payable under the policy issued on my (home/mobile 1674
home/condominium unit)." 1675
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(e) Public adjuster compensation may not be increased 1676
based on a claim being resolved by litigation. 1677
Section 43. Section 626.8561, Florida Statutes, is amended 1678
to read: 1679
626.8561 "Public adjuster apprentice" defined. —The term 1680
"public adjuster apprentice" means a p erson licensed as an all -1681
lines adjuster who: 1682
(1) Is appointed and employed or contracted by a public 1683
adjuster or a public adjusting firm; 1684
(2) Assists the public adjuster or public adjusting firm 1685
in ascertaining and determining the amount of any claim, loss, 1686
or damage payable under an insurance contract, or who undertakes 1687
to effect settlement of such claim, loss, or damage; and 1688
(3) Satisfies the requirements of s. 626.8651. 1689
Section 44. Paragraph (e) of subsection (1) and subsection 1690
(2) of section 626.865, Florida Statutes, are amended to read: 1691
626.865 Public adjuster's qualifications, bond. — 1692
(1) The department shall issue a license to an applicant 1693
for a public adjuster's license upon determining that the 1694
applicant has paid the applicable fees sp ecified in s. 624.501 1695
and possesses the following qualifications: 1696
(e) Has been licensed and appointed in this state as a 1697
nonresident public adjuster on a continual basis for the 1698
previous 6 months, or has been licensed as an all-lines 1699
adjuster, and has be en appointed on a continual basis for the 1700
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previous 6 months as a public adjuster apprentice under s. 1701
626.8561, as an independent adjuster under s. 626.855, or as a 1702
company employee adjuster under s. 626.856. 1703
(2) At the time of application for license as a public 1704
adjuster, the applicant shall file with the department a bond 1705
executed and issued by a surety insurer authorized to transact 1706
such business in this state, in the amount of $50,000, 1707
conditioned for the faithful performance of his or her duties as 1708
a public adjuster under the license for which the applicant has 1709
applied, and thereafter maintain the bond unimpaired throughout 1710
the existence of the license and for at least 1 year after 1711
termination of the license . 1712
(a) The bond must shall be in favor of the department and 1713
must shall specifically authorize recovery by the department of 1714
the damages sustained in case the licensee is guilty of fraud or 1715
unfair practices in connection with his or her business as 1716
public adjuster. 1717
(b) The bond must remain in effe ct for 1 year after the 1718
expiration or termination of the license. 1719
(c) The aggregate liability of the surety for all such 1720
damages may not shall in no event exceed the amount of the bond. 1721
The Such bond may shall not be terminated unless at least 30 1722
days' written notice is given to the licensee and filed with the 1723
department. 1724
Section 45. Paragraph (a) of subsection (1) and subsection 1725
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(3) of section 626.8651, Florida Statutes, are amended to read: 1726
626.8651 Public adjuster apprentice appointment; 1727
qualifications.— 1728
(1)(a) The department shall issue an appointment as a 1729
public adjuster apprentice to a licensee who: 1730
1. Is licensed as an all -lines adjuster under s. 626.866; 1731
2. Has filed with the department a bond executed and 1732
issued by a surety insurer that is authorized to transact such 1733
business in this state in the amount of $50,000, which is 1734
conditioned upon the faithful performance of his or her duties 1735
as a public adjuster apprentice; and 1736
3. Maintains such bond unimpaired throughout the existence 1737
of the appointment. The bond must remain in effect for 1 year 1738
after the expiration or termination of the license and for at 1739
least 1 year after termination of the appointment . 1740
(3) A public adjuster apprentice has the same authority as 1741
the licensed public a djuster or public adjusting firm that 1742
employs the apprentice except that an apprentice may not execute 1743
contracts for the services of a public adjuster or public 1744
adjusting firm. An individual may not be, act as, or hold 1745
himself or herself out to be a public adjuster apprentice unless 1746
the individual is licensed as an all -lines adjuster and holds a 1747
current appointment by a licensed public all-lines adjuster or a 1748
public adjusting firm that has designated with the department a 1749
primary employs a licensed public adjuster as required by s. 1750
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626.8695. 1751
Section 46. Section 626.8696, Florida Statutes, is amended 1752
to read: 1753
626.8696 Application for adjusting firm license. — 1754
(1) The application for an adjusting firm license must 1755
include: 1756
(a) The name of each major ity owner, partner, officer, and 1757
director of the adjusting firm. 1758
(b) The resident address of each person required to be 1759
listed in the application under paragraph (a). 1760
(c) The name of the adjusting firm and its principal 1761
business address. 1762
(d) The location of each adjusting firm office and the 1763
name under which each office conducts or will conduct business. 1764
(e) The name and license number of the designated primary 1765
adjuster for each adjusting firm location as required in s. 1766
626.8695. 1767
(f) The fingerprints of each individual required to be 1768
listed in the application under paragraph (a), filed in 1769
accordance with s. 626.171(4). However, fingerprints need not be 1770
filed for an individual who is currently licensed and appointed 1771
under this chapter. 1772
(g)(e) Any additional information that the department 1773
requires. 1774
(2) An application for an adjusting firm license must be 1775
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signed by one of the individuals required to be listed in the 1776
application under paragraph (1)(a) each owner of the firm. If 1777
the firm is incorporated, the application must be signed by the 1778
president and secretary of the corporation . 1779
(3) Each application must be accompanied by payment of any 1780
applicable fee as prescribed in s. 624.501. 1781
(4) License fees are not refundable. 1782
(5) An adjusting firm required to be licensed pursuant to 1783
s. 626.8695 must remain so licensed for a period of 3 years from 1784
the date of licensure, unless the license is suspended or 1785
revoked. The department may suspend or revoke the adjusting 1786
firm's authority to do business for activities occurring during 1787
the time the firm is licensed, regardless of whether the 1788
licensing period has terminated. 1789
Section 47. Subsection (3) of section 626.8732, Florida 1790
Statutes, is amended to read: 1791
626.8732 Nonresident public adjuster's qualifi cations, 1792
bond.— 1793
(3) At the time of application for license as a 1794
nonresident public adjuster, the applicant shall file with the 1795
department a bond executed and issued by a surety insurer 1796
authorized to transact surety business in this state, in the 1797
amount of $50,000, conditioned for the faithful performance of 1798
his or her duties as a nonresident public adjuster under the 1799
license applied for. Thereafter, the applicant shall maintain 1800
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the bond unimpaired throughout the existence of the license and 1801
for 1 year after the expiration or termination of the license. 1802
(a) The bond must be in favor of the department and must 1803
specifically authorize recovery by the department of the damages 1804
sustained if the licensee commits fraud or unfair practices in 1805
connection with his or her business as nonresident public 1806
adjuster. 1807
(b) The aggregate liability of the surety for all the 1808
damages may not exceed the amount of the bond. The bond may not 1809
be terminated unless at least 30 days' written notice is given 1810
to the licensee and filed with the department. 1811
Section 48. Paragraph (a) of subsection (2) of section 1812
626.8734, Florida Statutes, is amended to read: 1813
626.8734 Nonresident all -lines adjuster license 1814
qualifications.— 1815
(2) The applicant must furnish the following with his or 1816
her application: 1817
(a) A complete set of his or her fingerprints in 1818
accordance with s. 626.171(4) . The applicant's fingerprints must 1819
be certified by an authorized law enforcement officer. 1820
Section 49. Subsection (5) of section 626.9953, Florida 1821
Statutes, is amended to read: 1822
626.9953 Qualifications for registration; application 1823
required.— 1824
(5) An applicant must submit a set of his or her 1825
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fingerprints in accordance with s. 626.171(4) to the department 1826
and pay the processing fee established under s. 624.5 01(23). The 1827
department shall submit the applicant's fingerprints to the 1828
Department of Law Enforcement for processing state criminal 1829
history records checks and local criminal records checks through 1830
local law enforcement agencies and for forwarding to the Fe deral 1831
Bureau of Investigation for national criminal history records 1832
checks. The fingerprints shall be taken by a law enforcement 1833
agency, a designated examination center, or another department -1834
approved entity. The department may not approve an application 1835
for registration as a navigator if fingerprints have not been 1836
submitted. 1837
Section 50. Paragraphs (e) and (f) are added to subsection 1838
(4) of section 633.135, Florida Statutes, to read: 1839
633.135 Firefighter Assistance Grant Program. — 1840
(4) Funds shall be used to: 1841
(e) Purchase other equipment and tools that improve 1842
firesafety and fire rescue capabilities for firefighters. 1843
(f) Purchase protective clothing and equipment compliant 1844
with NFPA 1977, "Standard on Protective Clothing and Equipment 1845
for Wildland Fire Fighting and Urban Interface Fire Fighting." 1846
Section 51. Subsections (6) through (9) of section 1847
633.216, Florida Statutes, are renumbered as subsections (5) 1848
through (8), respectively, and subsection (4) and present 1849
subsection (5) of that section a re amended, to read: 1850
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633.216 Inspection of buildings and equipment; orders; 1851
firesafety inspection training requirements; certification; 1852
disciplinary action. —The State Fire Marshal and her or his 1853
agents or persons authorized to enforce laws and rules of t he 1854
State Fire Marshal shall, at any reasonable hour, when the State 1855
Fire Marshal has reasonable cause to believe that a violation of 1856
this chapter or s. 509.215, or a rule adopted thereunder, or a 1857
minimum firesafety code adopted by the State Fire Marshal or a 1858
local authority, may exist, inspect any and all buildings and 1859
structures which are subject to the requirements of this chapter 1860
or s. 509.215 and rules adopted thereunder. The authority to 1861
inspect shall extend to all equipment, vehicles, and chemicals 1862
which are located on or within the premises of any such building 1863
or structure. 1864
(4) Every firesafety inspector certificate is valid for a 1865
period of 4 years from the date of issuance. Renewal of 1866
certification is subject to the affected person's completing 1867
proper application for renewal and meeting all of the 1868
requirements for renewal as established under this chapter or by 1869
rule adopted under this chapter, which must include completion 1870
of at least 54 hours during the preceding 4 -year period of 1871
continuing education as required by the rule of the department 1872
or, in lieu thereof, successful passage of an examination as 1873
established by the department . 1874
(5) A previously certified firesafety inspector whose 1875
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certification has lapsed for 8 years or more must repeat the 1876
fire safety inspector training as specified by the division. 1877
Section 52. Paragraph (b) of subsection (4) and paragraphs 1878
(a) and (c) of subsection (6) of section 633.408, Florida 1879
Statutes, are amended to read: 1880
633.408 Firefighter and volunteer firefigh ter training and 1881
certification.— 1882
(4) The division shall issue a Firefighter Certificate of 1883
Compliance to an individual who does all of the following: 1884
(b) Passes the Minimum Standards Course certification 1885
examination within 12 months after completing th e required 1886
courses. 1887
(6)(a) The division may issue a Special Certificate of 1888
Compliance to an individual who does all of the following: 1889
1. Satisfactorily completes the course established by rule 1890
by the division and successfully passes any examination 1891
corresponding to such course in paragraph (1)(b) to obtain a 1892
Special Certificate of Compliance. 1893
2. Passes the examination established in paragraph (1)(b) 1894
to obtain a Special Certificate of Compliance. 1895
2.3. Possesses the qualifications in s. 633.412. 1896
(c) In order to retain a Special Certificate of 1897
Compliance, every 4 years an individual must: 1898
1. Be active as a firefighter; 1899
2. Maintain a current and valid fire service instructor 1900
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certificate, instruct at least 40 hours during the 4 -year 1901
period, and provide proof of such instruction to the division, 1902
which proof must be registered in an electronic database 1903
designated by the division; or 1904
3. Within 6 months before the 4 -year period expires, 1905
successfully complete a Firefighter Retention Refresher Course 1906
consisting of a minimum of 40 hours of training as prescribed by 1907
rule. 1908
Section 53. Subsections (5), (6), and (7) of section 1909
633.414, Florida Statutes, are renumbered as subsections (4), 1910
(5), and (6) respectively, and subsection (1) and present 1911
subsection (4) of that section are amended, to read: 1912
633.414 Retention of firefighter and volunteer firefighter 1913
certifications.— 1914
(1) In order for a firefighter to retain her or his 1915
Firefighter Certificate of Compliance or Special Certificate of 1916
Compliance, every 4 years he or she must meet the requirements 1917
for renewal provided in this chapter and by rule, which must 1918
include at least one of the following: 1919
(a) Be active as a firefighter. As used in this section, 1920
the term "active" means being employed as a firefigh ter or 1921
providing service as a volunteer firefighter as evidenced by the 1922
individual's name appearing on a fire service provider's 1923
employment roster in the Florida State Fire College database or 1924
a letter by the fire service provider attesting to dates of 1925
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employment. 1926
(b) Maintain a current and valid fire service instructor 1927
certificate, instruct at least 40 hours during the 4 -year 1928
period, and provide proof of such instruction to the division, 1929
which proof must be registered in an electronic database 1930
designated by the division. 1931
(c) Before the expiration of the certificate Within 6 1932
months before the 4-year period expires, successfully complete a 1933
Firefighter Retention Refresher Course consisting of a minimum 1934
of 40 hours of training to be prescribed by rule. 1935
(d) Before the expiration of the certificate Within 6 1936
months before the 4-year period expires, successfully retake and 1937
pass the Minimum Standards Course examination pursuant to s. 1938
633.408. 1939
(4) For the purposes of this section, the term "active" 1940
means being employed as a firefighter or providing service as a 1941
volunteer firefighter for a cumulative period of 6 months within 1942
a 4-year period. 1943
1944
The 4-year period may, in the discretion of the department, be 1945
extended to 12 months after discharge from military service if 1946
the military service does not exceed 3 years, but in no event 1947
more than 6 years from the date of issue or renewal, if 1948
applicable, for an honorably discharged veteran of the United 1949
States Armed Forces or the spouse of such a veteran. A qualified 1950
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individual must provide a copy of a military identification 1951
card, military dependent identification card, military service 1952
record, military personnel file, veteran record, discharge 1953
paper, or separation document that indicates such member is 1954
currently in good standing or such veteran is honorably 1955
discharged. 1956
Section 54. Subsection (4) of section 648.34, Florida 1957
Statutes, is amended to read: 1958
648.34 Bail bond agents; qualifications. — 1959
(4) The applicant shall furnish, with his or her 1960
application, a complete set of his or her fingerprints in 1961
accordance with s. 626.171(4) and a recent credential -sized, 1962
fullface photograph of the applicant. The applicant's 1963
fingerprints shall be certified by an authorized law enforcement 1964
officer. The department shall not authorize an applicant to take 1965
the required examination until the department has received a 1966
report from the Department of Law Enforcement and th e Federal 1967
Bureau of Investigation relative to the existence or 1968
nonexistence of a criminal history report based on the 1969
applicant's fingerprints. 1970
Section 55. Subsection (4) of section 648.355, Florida 1971
Statutes, is amended to read: 1972
648.355 Temporary lim ited license as limited surety agent 1973
or professional bail bond agent; pending examination. — 1974
(4) The applicant shall furnish, with the application for 1975
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temporary license, a complete set of the applicant's 1976
fingerprints in accordance with s. 626.171(4) and a recent 1977
credential-sized, fullface photograph of the applicant. The 1978
applicant's fingerprints shall be certified by an authorized law 1979
enforcement officer. The department shall not issue a temporary 1980
license under this section until the department has receive d a 1981
report from the Department of Law Enforcement and the Federal 1982
Bureau of Investigation relative to the existence or 1983
nonexistence of a criminal history report based on the 1984
applicant's fingerprints. 1985
Section 56. Subsection (4) is added to section 648.4 6, 1986
Florida Statutes, to read: 1987
648.46 Procedure for disciplinary action against 1988
licensees.— 1989
(4) The expiration, nonrenewal, or surrender of licensure 1990
under this chapter does not eliminate the jurisdiction of the 1991
licensing authority to investigate and pr osecute for a violation 1992
committed by a licensee while licensed under this chapter. The 1993
prosecution of any matter may be initiated or continued 1994
notwithstanding the withdrawal of a complaint. 1995
Section 57. Section 766.105, Florida Statutes, is 1996
repealed. 1997
Section 58. Paragraph (b) of subsection (1) of section 1998
945.6041, Florida Statutes, is amended to read: 1999
945.6041 Inmate medical services. — 2000
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(1) As used in this section, the term: 2001
(b) "Health care provider" means: 2002
1. A hospital licensed under chapte r 395. 2003
2. A physician or physician assistant licensed under 2004
chapter 458. 2005
3. An osteopathic physician or physician assistant 2006
licensed under chapter 459. 2007
4. A podiatric physician licensed under chapter 461. 2008
5. A health maintenance organization certif icated under 2009
part I of chapter 641. 2010
6. An ambulatory surgical center licensed under chapter 2011
395. 2012
7. "Other medical facility" as defined in paragraph (c). 2013
8. A professional association, partnership, corporation, 2014
joint venture, or other association by the individuals set forth 2015
in subparagraphs 2., 3., and 4. for professional activity has 2016
the same meaning as provided in s. 766.105 . 2017
Section 59. Paragraph (a) of subsection (1) of section 2018
985.6441, Florida Statutes, is amended to read: 2019
985.6441 Health care services.— 2020
(1) As used in this section, the term: 2021
(a) "Health care provider" means: 2022
1. A hospital licensed under chapter 395. 2023
2. A physician or physician assistant licensed under 2024
chapter 458. 2025
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3. An osteopathic physician or physician assistant 2026
licensed under chapter 459. 2027
4. A podiatric physician licensed under chapter 461. 2028
5. A health maintenance organization certificated under 2029
part I of chapter 641. 2030
6. An ambulatory surgical center licensed under chapter 2031
395. 2032
7. "Other medical facility" as defined in paragraph (c). 2033
8. A professional association, partnership, corporation, 2034
joint venture, or other association by the individuals set forth 2035
in subparagraphs 2., 3., and 4. for professional activity has 2036
the same meaning as provided i n s. 766.105. 2037
Section 60. The Department of Financial Services shall 2038
supervise any liquidation or dissolution of the Florida 2039
Patient's Compensation Fund and shall have, with respect to such 2040
liquidation or dissolution, all power granted to it under the 2041
insurance code. 2042
Section 61. All powers, duties, functions, records, 2043
offices, personnel, associated administrative support positions, 2044
property, pending issues, existing contracts, administrative 2045
authority, and administrative rules relating to the Stop I nmate 2046
Fraud Program within the Department of Financial Services are 2047
transferred by a type two transfer, as defined in s. 20.06(2), 2048
Florida Statutes, to the Department of Economic Opportunity. 2049
Section 62. Except as otherwise expressly provided in this 2050
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act, this act shall take effect July 1, 2022. 2051